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Agenda 10-15-02The City of Boynton Beach 100 E. Boynt. on Beach Boulevard · (561) 742-6000 City Commission AGENDA OCTOBER 15, 2002 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II ~istrict III ~ D~ ~TR~ T~ Commissioner District IV DISTRI' :T Ku~ Bressner City Manager ~ / I www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBI.TC PARTZCZPAT~ON AT CTrY OF BOYNTON BEACH COMMZSSZON MEET/NGS 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 Mot listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Ztems: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ztems,' 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. SPEAKZNG AT COMMZSSZON MEETZNGS: 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 has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Ztem$: 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. ADDRESSTNG THE COMMI'SSI'ON: 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 Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR C1-FY COMMISSION MEETING AGENDA October 15, 2002 6:30 P.M. OPENZNGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Anthony Reed, St. Paul AME Church C. Pledge of Allegiance to the Flag led by Boy Scout Troop 395 D. ZF YOU WZSH TO ADDRESS THE COMMZSSZON: · FZLL OUT THE APPROPR.T. ATE REQUEST FORM · GZVE Z'l' TO THE cTrY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORT.rON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME I'NDZVZDUALS MAY SPEAK FOR THREE UN'rNTERRUPTED MZNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLTC AUDTENCE: 'rNDZVZDUAL SPEAKERS W?LL BE LZMZTED TO 3-MZNUTE PRESENTATZONS 'rTZ. OTHER: A. Informational Items by Members of the City Commission 1~/. ADMZNZSTRAI'WE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date II McCray Children & Youth Advisory Bd Stu/Reg/Voting i yr term to 4/03 III Ferguson Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to 4/03 Agenda Regular City Commission Meeting Boynton Beach, Florida October 15, 2002 I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/03 Tabled (3) I Weiland Education Advisory Board Stu 1 yr term to 4/03 II McCray Education Advisory Board Stu 1 yr term to 4/03 III Ferguson Library Board Alt I yr term to 4/03 Tabled (2) IV Fisher Library Board Reg 3 yr term to 4/03 Tabled (2) IV Fisher Nuisance Abatement Board Alt 1 yr term to 4/03 V. ANNOUNCEMENTS & PRESENTAT/ONS: A. Announcements: None B. Presentations: 1. Proclamations: None V~. PUBLXC HEAR/NG: 6:30 P,M, OR AS SOON THEREAFTER AS THE AGENDA PERNTrS A. Project: The Harbors (LUAR 02-005) Agent: Jennifer Morton, Land Design South Owner: Schgai, Inc. Location: 2300 North Federal Highway Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to rezone from Community Commercial (C-3) to Infili Planned Unit Development (IPUD) Proposed Use: Development of 51 fee-simple townhouses B. Project: Merano Bay (LUAR 02-006) Agent: Carlos Bailbe, Woodside Land Development Corp. Owner: Autozone, Inc. Location: Southeast corner of Shore Drive and North Federal Highway Description: (Land use element port/on has been withdrawn) Request to rezone from Community Commercial (C-3) to ]:nfill Planned Unit Development (]:PUD) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida October 15, 2002 C. Project: Victoria's Closet (COUS 02-004) Ageni: Thomas McCormack Owner: 3602 NFHB, LLC Location: 3602 North Federal Highway Description: Request Conditional Use Approval for a 34,484 square foot self storage facility in a C-3 zoning district D. Amending the (~uantum Park DRZ/Master Plan to change the permitted use on lot 89B from "Office ]:ndustrial" (01:) to "Mixed Use" (MU); Lot 3 from "Tndustrial" (]:ND) to "Office ]:ndustrial" (OT); and Lot 34-C from "Reserved" to "Open Space/Detention" (Proposed Ordinance No. 02-054) VTT. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of September 30, 2002 2. Regular City Commission Meeting of October 1, 2002 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget 1. Award the Request for Proposal to Partners Plus, ]:nc. for the Three-Year Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park, RFP #077-2710-02/KR - AND - approve the terms of the lease agreement (Proposed Resolution No. R02-173) 2. Award the bid for "CO-OP E]:GHTEEN MONTH GASOLINE AND D]:ESEL FUEL," Bid #005-1411-03/CJD, to various vendors as indicated on the attached table with an annual expenditure of $560,500 3. Award Annual Maintenance Agreement to Professional Golf Car for the maintenance of 97 golf cars -90 fleet cars, 6 player assistant cars, 1 bag car (Proposed Resolution No, R02-174) C. Resolutions: 1. Proposed Resolution No. R02-175 Re: Approving Fire Rescue Training agreement between City of Boynton Beach and Bethesda Memorial Hospital 3 Agenda Regular City Commission Meeting Boynton Beach, Florida October 15, 2002 2. Proposed Resolution No. R02-176 Re: Authorizing a project agreement for the Florida Recreation Development Assistance Program (FRDAP) grant known as the Wilson Park Expansion Project 3. Proposed Resolution No. R02-177 Re: Setting up a Flexible Spending Account (FSA) program to be administered by AFLAC, a provider to the City of four other employee benefit programs 4. Proposed Resolution No. RO2-178 Re: Releasing cash bond of $550 to William Thies 8, Sons, Tnc. for the project known as William Thies & Sons, Inc. D. Ratification of Planning & Development Board Action: 1. (~uantum Park and Village Lot 89B (SBt4P 02-003), North of Gateway Boulevard, East of High Ridge Road - Request for Master Site Plan Approval with waivers for 39 fee-simple townhouse units on 3.99 acres in the Quantum Park DR]; 2. New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east side, south end) - Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel (Tabled E. Ratification of CRA Action: 1. The Harbors (NWSP 02-012), 2300 North Federal Highway - Request to construct 51 fee-simple townhouse units on 3.21 acres - This request for site plan approval will be contingent upon the approval of the concurrent land use amendment/rezoning application (LUAR 02-005) 2. t4erano Bay (NWSP 02-014), Southeast corner of Shore Drive and North Federal Highway - Request to construct 20 fee-simple townhome units on a 1.75-acre parcel (Site Plan Approval) 3. Gateway Texaco (ADAP 02-001), 2360 North Federal Highway - Request for appeal of administrative determination that proposed improvement of gas station is an unlawful expansion of legal, non- conforming use F. Approve expenditure of $40,000 from the CTP to match funding from the Palm Beach County School Board and other sources for the construction of a state-of- the-art running track at the Boynton Beach High School G. Accept the written report to Commission of purchases over $10,000 for the month of September 2002 for informational purposes 4 Agenda Regular City Commission Meeting Boynton Beach, Florida October 15, 2002 o H. Approve the Motor Replacement on City Hall Complex Chiller #2 as proposed by South Florida Trane Service, Option #3, for $48.800 - Emergency Repair VIII. crrY MANAGER'S REPORT: None IX. FUTURE AGENDA TI'EMS: A. Consideration of CRA recommendation for eminent domain for Boynton Beach Promenade property (Hall Parcels) (November 6, 2002) B. Proposed release of approximately 18 acres of property south of Hypoluxo Road and east of Seacrest Boulevard to the Town of Lantana, subject to resolution from the Town of Lantana regarding property west of Seacrest Boulevard and south of Hypoluxo Road (November 6, 2002) C. FRA Whistle Ban - Report (3anuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking D. 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 (TBA) X. DEVELOPMENT PLANS: None XL NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 02-052 Re: Amending the Land Use Element of the Comprehensive Plan for 1.43 acres of land from Low Density Residential to Public & Private Governmental/Institutional (Bethesda Hospital Physician Parking) 2. Proposed Ordinance No. 02-O53 Re: RezonJng a 1.43-acre parcel from R-l-AA (Single Family Residential) to PU (Public Usage) (Bethesda Memorial Hospital Physician Parking) Agenda Regular City Commission Meeting Boynton Beach, Florida October 15, 2002 B. Ordinances - 1~ Reading None' C. Resolutions: 1. Proposed Resolution No. R02-179 Authorization to acquire property for the expansion of the Wilson Center and Park area from Lawton Happ; and to waive the statutory obligation of obtaining an appraisal, pursuant to :[66.045, Florida Statutes D. Other: 1. Authorization for the City Attorney to seek injunction of a business operating without an occupational license - Barcelona XIII. UNFINISHED BUSINESS: None X~V. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'ITER CONSIDERED AT THIS MEE'rING~ 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 SHAM. FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL Wl'l'H A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE~, PROGRAM~, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAH OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUE~'r. bg FINAL AGENDA 10/15/2002 12:05 PM S:\CC~WP\CCAGENDA~AGENDAS\Year 2002\101502 final agenda.dOC 6 VI.-PUBLIC HEARING ITEM A.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Nogn39~' [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal -. [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Pt~blic Hearing. 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 02-162. EXPLANATION: PROJECT: THE HARBORS (LUAR 02-005) AGENT: Jennifer Morton of Land Design South OWNER: Schgal, Inc. LOCATION: 2300 North Federal Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to rezone from Community Commercial (C-3) to Infill Planned Unit Development (IPUD). Proposed use: development of 51 fee-simple townhouses. PROGRAM IMPACT: N/A FISCAL IMPACT:Es~{~, N/A ~/~ ALTERNATIV ~~l~~ Develo~t D~partment DireCtor City Manager's Signature Planning and Zoning ~ctor City Attorney ! Finance / Human Resources S:XPlanningXSHARED\WP~ROJECTS\The Harbors\LUAR 02-005'~Agenda Item Request The Harbors LUAR 02-005 10-15-02.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZON-ING DIVISION MEMORANDUM NO. PZ 02-162 REVISED TO: Chairman and Members Community Redevelopment Agency Board FROM: Michael W. Rumpf Director of Planning and Zoning DATE: October 3, 2002 PROJECT DESCRIPTION Project/Applicant: The Harbors/Centex Homes Agent: Jennifer Morton of Land Design South Owner: SCHGAI, Inc. Location: 2300 N. Federal Highway (Caf6 La Notre) File No: Land Use Amendment/Rezoning (LUAR 02-005) Property Description: Developed property consisting of +3.21 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 du/ac), and rezone from C- 3 Community Commercial to Infill Planned Unit Development (IPUD) in order to redevelop with 51 fee-simple townhouses. Adjacent Land Uses and Zoning: North: To the northeast, developed (Las Palmas) single family homes classified Low Density Residential (LDR - 4.84 du/ac) and zoned R-1 -AA Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial ~LRC) and zoned C-3 Community Commercial. South: Vacant land, currently being developed as the City's Intracoastal Park, designated Recreational (R) and zoned REC Recreation. East: Intracoastal Waterway West: Rights-of-way of Federal Highway and the Florida East Coast Railroad, then developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. An exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site is greater than 10 duJac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains _+3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (Saffir/Simpson Scale) humcane. Under its present land use designation and zoning category, the property could be redeveloped for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant has amended the original request to an increase of 17 units and therefore falls below the density requiring risk management review; however, staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density Residential land use classification, limits the use of the designation to the Coastal Area of the city and states that the maximum gross density is twenty (20) dwelling units per acre. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element." The adoption of the Infill Planned Unit Development ri?LID) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: Page 3 File Number: LUAR 02-005 The Harbors "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parla'ng spaces, parkYng lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning designation, lacks minimum design attributes necessary for consistency with the cited requirements of the IPUD regulations. These are cited below: 1. Failure to consider the loeational advantages of the site. While the site has constraints because of its narrow width and extreme depth, it has Intracoastal Waterway frontage and overlooks the site of the City's new Intracoastal Park. In the revised site plan (Exhibit B), the units facing the Intracoastal Waterway form a wall that almost totally cuts off visual access of both the waterway and the recreation site for any residents of the other units. The six-units fronting on Las Palmas have front entrances facing unadorned six-foot high walls. The second floor balconies provided on these units have views of the gas station and carwash across Las Palmas. The removal of one of the four-unit buildings has allowed the "paseos" or front entrance areas of the remaining 10 four-unit buildings to be increased from 25 feet to 32 and 33 feet. Unfortunately, this increase in width is not sufficient to allow the use of shade trees to vary the landscape materials; however, the use of more mature planting materials could create a better environment. The rear windows of these units now look out across 29 feet of driveway to the rear windows of adjacent buildings. 2. Architecture. The applicant has justified the number of units on the site as being necessary because of the price of the property, yet the proposed plans provide very mundane units that are more suited for a traditional downtown setting of small blocks divided by alleys. It is important to encourage a range of housing opportunities throughout the City; however, in this location, quality would be preferable to quantity. Each of the buildings between the Intracoastal Waterway and Federal Highway is lined up and spaced almost equidistance apart. The additions of"bump outs" on the ends of the buildings will add some interest and relieve some of the plainness of the structures. Granted, there is no established architectural "character" in the area; however, elements of a Spanish Mediterranean style have been successfully used on the new Manatee Bay project and the past renovations to the Benvenuto's Restaurant, as well as the townhouse project to be reviewed later on this agenda. This same style could be used here to provide a development that Page 4 File Number: LUAR 02-005 The Harbors would be a signal for the gateway area. Nothing distinguishes this project or causes it to stand out in the memory. 3. Lack of residents' amenities. The proposed plan provides no private outdoor space for residents. The only amenities provided are a pool and "tiki" bar/cabana located adjacent to the boat docking areas at the Intracoastal. There is no mention of how, or even whether, the docks will be available for residents' use or how they will access this facility if it is to be used by them. If it is not to be a part of the development, there is no indication of ho~v non- resident users will be provided with landside access. The pool area is approximately 900 feet from the units on the west end of the property. The applicant proposes a four-foot wide sidewalk leading through the development to allow pedestrian access to the facility. No benches, shade trees or other pedestrian amenities are proposed. Five of the 12 guest parking spaces are earmarked for the recreation area, though no spaces are designated for handicap use. The closest parking is 190 feet from the pool edge; the farthest is 360 feet away. The remaining guest parking spaces will provide only a little more than one guest space for each ten units. 4. Landscaping. The proposed landscape plan provides little more than the minimum required of any development. Along the south and a portion of the north property lines, an existing five-foot high ficus hedge will soften the appearance of the enclosing wall for the homeowners. In areas where a new wall is to be built, the only softening elements will be outside the wail. In the driveway areas between buildings, the only softening element is a single Geiger tree between each pair of garage doors. The paseos fare somewhat better, however, the plantings cannot be called "lush". The "Site Data" table included with the site plan shows a pervious area of 29%. (The standards for Mixed Use-Low Intensity require a 30% minimum pervious area with a density of 40 du/ac.) This is an improvement over the existing site development; however, the property is currently a night club/restaurant and ancillary parking lot, not a residential neighborhood. b. Whether the ~roposed 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. In this portion of the Federal Highway Corridor, there are a number of properties designated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated district. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. Page 5 File Number: LUAR 02-005 The Harbors A number of changed and changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 15, 2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "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 and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development ([PUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor fi-om the north city limits to the Boynton (C-16) Canal, and fi-om Woolbright Road to the south city limits. The [PUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. It is difficult, however, to accept this master/site plan as proposed, which exploits the leniency of the [PUD regulations as one of the first, and most visible projects in the northern "gateway" to the City. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Comparisons of water and sewer demands, provided by the applicant have not been revised to reflect the amended site plan. The original calculations show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Authority has stated in 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 be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city_and local drainage permitting authorities. e. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendment/rezoning is compatible with the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. f Whether the property is physically and economically developable under the existing zoning. Page 6 File Number: LUAR~02-005 The Harbors The property was developed as a restaurant many years ago, and recently applied for a conditional use permit to operate as a nightclub. It could be redeveloped with a variety of commercial uses permitted under the existing Local Retail Commercial land use and Community Commercial C-3 zoning. g. Whether the proposed land use amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing 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 provide opportunities for small to medium-sized infill developments. CONCLUSIONS/RECOMMENDATIONS As indicated herein, the requested land use amendment and rezoning are 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. However, the proposed project remains with design deficiencies and falls short of meeting the intent of the new zoning regulations. The proposed master/site plan provides less than the basic amenities, mediocre building architecture, minimal landscaping and seeks only to crowd the site with more dwelling units than the site planner is capable of placing on the site in a reasonable design. Therefore, staff recommends that this request be approved, subject to the project enhancements as described in this staff analysis. Such enhancements should include, but are not limited to the following: 1. Integrate architectural elements to enhance the overall character of the development; 2. Change the orientation of the easternmost building to increase the visual and physical access to the recreation area; 3. Improve the aesthetic quality of the paseos and provide amenities that the project lacks; 4. Enhance the wall surrounding the project and provide additional landscaping to enhance the views and areas opposite less aesthetic adjacent uses, and improved the quality of interior living areas; 5. Provide additional parldng spaces to prevent congestion and decline in the project quality. A complete list of specific comments for the site plan, which, on adoption, will become the master plan for the IPUD, are attached as Exhibit "C". Staff acknowledges that the narrow shape of the site poses limitations, but notes that the site attributes outweigh the negatives. The proposed project is limited to one unit type, which may not be the best choice to compensate for site limitations and capitalize on its attributes, which Page 7 File Number: LUAR 02-005 The Harbors may only be fully utilized with greater flexibility in unit type and the addition of architectural, landscape, and other enhancements. Should the Community Redevelopment Agency Board and the City Commission recommend or adopt additional conditions of approval, said conditions will be included as Exhibit "C". A~ACHME~S \\Ch~iAiN~Shrdat~kPlanning~ShazecikWp~RO~ECTS\Th¢ Harbors~LUAR 02-0OS~TAFF REPORT Revised. doc Location Map EXHIBIT "A" ~U,D / ""' R3 / / '" / -~_ ~7-02 1 ~"<~ I LAKE WORTH '"~' ~'~ ' °~--~% / BEC, Icww  300 0 ~0 600 F~t S JNDIS:IC! ¥("-)94 'HOYZIB NO.LNAOG .'10 A. LIO ; [[ II1 Ifil. Iff ~1~1~1~ fill ,." ,,I EXHIBIT "C" Conditions of Approval Project name: The Harbors File number: NWSP 02-012 Reference: 3*d review plans identified as a New Site Plan with a September 24, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. In accordance with Chapter 6, Article III, Sections 11, 12 14, and 16, X widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "F' curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 2. Reconfigure signalization at the intersection of Las Palmas Park and X Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article III, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 3. Detail signing and striping as necessary (Chapter 6, Article 1T~, Section X 16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach X County Traffic for roadway and signalization improvements. UTILITIES Comments: None X FIRE Comments: 5. Design documents where underground water mains and hydrants are to X be provided, must demonstrate that they will be installed, completed, COA2 10/09/02 2 DEPARTMENTS INCLLrDE REJECT and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Ot~erations, Section 5-4.3. POLICE Comments: None X ENGINEERING DIVISION 8. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A. 1.a.) 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, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 9. A plat shall be submitted with construction drawings for fee simple X housing. The plat must be recorded prior to the issuance of a building permit for the project. 10. A copy of the proposed POA documents shall be submitted for review X and approval concurrent with the plat process. 11. Provide verification that the improvements within the submerged land X lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is X to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. COA2 10/09/02 3 DEPARTMENTS INCLUDE REJECT 13. An excavation and fill permit will be required for this development. X 14. Provide written and ~raphic scales on all sheets. X BUILDING DIVISION Comments: 15. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 16. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley, rig. ht-of-way or easement. 17. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit review, submit for review an addressing plan for the X pro) ect. PARKS AND RECREATION Comments: 19. Since it has been determined that there are 54 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 20. The fee is due prior to the issuance of the first applicable building X permit. 21. Submit detailed irrigation plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the right- of-way. FORESTER/ENVIRONMENTALIST COA2 10/09/02 4 DEPARTMENTS INCLUDE REJECT Comments: 22. The applicant must identify and quantify the existing trees on the site as X shown on the survey sheet #1. 23. The landscape sheets should indicate the existing trees that will be X preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of X acceptable quality during the landscape inspections must be replaced throughout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height X and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees "required at the X ingress/egress sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip X along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does X not meet the 50% native species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape X sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING AND ZONING Comments: 31. Place a note on all the primary landscape plan indicating that mulch X other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). 32. The site data on sheet "SP 1 of 2" indicates that 110 parking spaces are X COA2 10/09/02 5 DEPARTMENTS INCLUDE REJECT required. Revise the data to indicate the correct number of required parking spaces (107). 33. The existing six (6) foot high wall, located along the north property line X shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP 1 of 6" and "LP 2 of 6", X identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model 1601" is incorrect. Any X change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP 1 of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X 4.J. 1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool area. Provide a detail of the fence. X On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is X allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 40. The plan shows that public "green" area will be provided in the form of X the 0.2 acre recreation area and the 32-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 41. The buffer wall along the north property line acts as a "terminating X vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the X northwest corner of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. COA2 10/09/02 6 DEPARTMENTS INCLUDE REJECT 43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity X for just the five (5) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car X garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3rd floor plan does not show the side "bump-outs" and therefore, the X plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X "VOA" plants. Correct the plan's tabular data. 48. Staff recommends configuring or angling the buildings in such a way X that will allow for more units to have direct visual access to the future Intracoastal Park. 49. Staff recommends incorporating a second or third story porch (or on X both stories) into the design of the townhouse units that face (front and/or side facades) either the Intracoastal Waterway or the Intracoastal Park. 50. The main east-west sidewalk is four (4) feet in width. Staff recommends X increasing the width to at least five (5) feet. 51. Staff recommends further increasing the distance between buildings X (pasco areas) to allow for additional amenities and landscape material. 52. Staff endorses the concept of a pedestrian connection from the subject X property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: COA2 10/09/02 7 DEPARTMENTS INCLUDE REJECT 53. Since it has been determined that there are 51 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 51 single-family attached units multiplied by $771 per unit equals $39,321 (Chapter 1, Article V). 54. The opening of the garage doors shall be 18 feet in width. X 55. Additional 90 degree parking (extra) spaces shall be provided along the X western property line. Driveway widths shall not be reduced to accommodate the additional parking. 56. Enhance the building facades of Building gl and Building #2 by adding X architectural elements such as faux windows, shutters, raised bandings, and balconies to improve the appearance of the buildings that face US 1. 57. Provide landscaping nodes along the northern buffer opposite each drive X aisle. The northern perimeter hedge shall be maintained at six (6) feet in height. 58. Provide floor plans / details of the "cabana". The cabana shall be X compatible of the proposed townhouses. 59. Provide more specific details of dumpster enclosure including gates. X 60. The proposed first floor color (Sherwin Williams #1335 - Thai Tan) of X the buildings shall be softened two (2) shades. 61. The proposed freestanding outdoor lighting fixtures shall be type "A" X rather than type "B". 62. The buffer shall be C.B.S. rather than pre-cast. X 63. Architectural changes in response to these conditions shall be X re-reviewed by the CRA prior to issuance of permits. ADDITIONAL CITY COMMISSION COMMENTS: COA2 10/09/02 8 DEPARTMENTS INCLUDE REJECT Comments: 62. To be determined. MWR/elj S:\Planning~SHARED\WP',PROJECTS',The Hart~rs'~NWSP 02.012~,COA2.docS:'~:)Ianning~SHARED\WP~PROJECTS\The Harbors~WSP 02-012\COA. doc LAND Landscape Architecture nESIGNI Environmental Consultation JOUTH FAX 561-478-5012. Congress 8usines~ Center. 1280 N. Congres,s Avenue · Suite 215 - West Patm Beocn. Ftondo 334~ The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infill Planned Unit Development (IPUD). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with $4 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site Characteristics The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial and is located within the C3 (Community Commercial) Zoning District. As previously stated, the applicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several different uses surrounding the subject property. There are two (2) different uses which border the subject property to the north. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the R1AA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the proposed community on these properties. The Harbors Page 1 of 4 June 5, 2002 Proposed Impacts The subject property can currently be developed with either commercial or residential development. After the proposed land use amendment and rezoning the property will be allowed to be developed mainly as a residential use, with limited commercial use. The following table identifies the development scenarios under the existing land use and zoning as well as the proposed. Existing Land Use & Zoning Proposed Land Use & Zoning LRClC3 SHDR/IPUD Maximum Development Potential 223,724 Sq. Ft. of Commercial 64 DU's & 34 DU's Proposed/Existing Development 20,679 Sq. Ft. of Commercial 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The IPUD district is only allowed in the Special High Density Land Use designation. Therefore the applicant must also change the land use. With the new zoning and land use there is a limited amount of commercial that is allowed along Federal Highway. The applicant is not proposing commercial uses as a part of the proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once final approval is obtained, the applicant will immediately begin the permitting process. The applicant will begin to clear and develop the property in March 2003. Development of the units will begin shortly after the clearing. Population, Water, & Sewer Comparisons The following table compares the demand for water and sewer based on the square footage allowed under the existing land use and zoning against the proposed land use and zoning. This demand was estimated using the standards adopted by the Palm Beach County Health Department when determining the potential impact of development. In order to determine the impact of the residential development we used the 2000 Census data of 2.26 persons per household. In addition, we used the 2001 LOS for the City of Boynton Beach. Infrastructure Information Water Provider City of Boynton Beach Level of Service 200 gallons per capita per day Current Maximum Demand 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x 4 stories x. 1 ) Proposed Maximum Demand 29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200) (62 DU's) Proposed Actual Demand (54 24,408 gallons/day (54 X 2.26 PPH X 200) DU's) Proposed Change +2,036 gallons/day The Harbors Page 2 of 4 June 5, 2002 Wastewater Provider City of Boynton Beach Level of Service 90 gallons per capita per day Current Maximum Demand 22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage x 4 stories x. 1 ) Proposed Maximum Demand (62 DU's) 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90) Proposed Actual Demand (54 DU's) 10,983 gallons/day (54 X 2.26 PPH X 90) Change - 11,389 gallons/day Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning distdct is Community Commercial (C3). The existing land use and zoning are not compatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern portion of the northern property line are the Las Palmas Park and the Las Palmas Landing single-family residential community. These two communities have a land use designation of Low Density Residential (LDR) and are located within the RIAA (Single Family) zoning district. Along the western portion of the northern property line are commercial properties and a existing gas station. These properties have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation (REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the park. The applicant is proposing to change the land use of the subject property to Special High Density Residential. The applicant is also proposing to change the zoning designation to IPUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to the south. The proposed site plan submitted with this justification statement shows a 52-foot setback along the northern property line where the subject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. The Harbors Page 3 of 4 June 5, 2002 Site Plan The site plan dated June 5, 2002 submitted with this justification statement shows a total of 54 three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking. When designing the site plan the applicant relied upon the draft code language for the Infill Planned Unit Development (IPUD) zoning district. This zoning district applies to properties located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on the subject property. This structure will be less then the maximum height of 45-feet. The IPUD district also has maximum lot coverage of 50%. The proposed site plan has building lot coverage less than 50%. Along with the rezoning application, the applicant is proposing to change the land use designation to Special High Density Residential. This designation allows a maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54 dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with the proposed land use designation. The minimum open space requirements for properties within the IPUD zoning district are 100 square feet per dwelling unit. The proposed site plan submitted with this justification statement shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit. There are several different buffers proposed around the perimeter of the site. The applicant is proposing two different buffers along the northern portion of the subject property. Along the portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer. Along the remaining portion of the northern property line the applicant is proposing a five (5) buffer. At the pre-application meeting the City Staff requested that the existing vegetation along the northern property line, adjacent to the single-family homes, remain in place. Therefore the applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut out and a tree will be placed in the vacant area. The applicant is not proposing a buffer along the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The applicant is proposing a five (5) foot buffer along the southem property line. There is also a buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer along Federal Highway. This will sufficiently buffer the future residents of the community, while increasing the amount of landscaping along Federal Highway. The proposed plan shows a large .20-acre recreation area on the eastern section of the property. This allows all of the residents of the proposed community to have access and to enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the applicant to use the existing pool and "Tiki" bar structure located on the site. The property is structured so that most of the units front on a "paseo" area. This area will provide for guest entrance in to each of the units and create an intimate atmosphere between the units. In South Florida today, we are use to seeing the garage as the predominate feature on the front of residential structures. The proposed homes have the garage in the back of the units. Each of the garages will be access via an 18-foot access way. Based upon the above and the attached information, the Petitioner respectfully request approval of this petition. N:\Project Files\389~389.53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat. doc File: 389.53A, 53B The Harbors Page 4 of 4 June 5, 2002 DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-162 TO: Chairman and Members C°mmunity R,~ment Agency B°ard,',-~,' ~ FROM: Dick Hudso~e,,$'eYrlor Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 25, 2002 PROJECT DESCRIPTION Project/Applicant: The Harbors/Centex Homes Agent: Jennifer Morton of Land Design South Owner: SCHGAI, Inc. Location: 2300 N. Federal Highway (Caf6 La Notte) File No: Land Use Amendment/Rezoning (LUAR 02-005) Property Description: Developed property consisting of+3.21 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 du/ac), and rezone from C- 3 Community Commercial to Infill Planned Unit Development (IPUD) in order to redevelop with 54 fee-simple townhouses. Adjacent Land Uses and Zoning: North: To the northeast, developed (Las Palmas) single family homes classified Low Density Residential (LDR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Vacant land, currently being developed as Intracoastal Park, designated Recreational (R) and zoned REC Recreation. East: Intracoastal Waterway West: Rights-of-way of Federal Highway and the Florida East Coast Raikoad, then developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. An exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site is greater than 10 du/ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains +3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Under its present land use designation and zoning category, the property could be redeveloped for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant is requesting an increase of 20 units and therefore falls below the density requiring risk management review; however, staff would recommend that all home-buyers in the development be made aware of the fact that they are buying property in a hurricane evacuation zone. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density Residential land use classification, limits the use of the designation to the Coastal Area of the city and states that the maximum gross density is twenty (20) dwelling units per acre. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element." The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic Page 3 File Number: LUAR 02-005 The Harbors development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning designation, lacks minimum design attributes necessary for consistency with the cited requirements of the IPUD regulations. b. I~hether 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. In this portion of the Federal Highway Corridor, there are a number of properties designated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated distr/ct. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. A number of changed and changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 15,2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "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 and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, : adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance dislricts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The [PUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. Page 4 File Number: LUAR 02-005 The Harbors d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Comparisons of water and sewer demands, provided by the applicant, show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Authority 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, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendment/rezoning is compatible with the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. f Whether the property is physically and economically developable under the existing zoning. The property was developed as a restaurant many years ago, and recently applied for a conditional use permit to operate as a nightclub. g. Whether the proposed land use amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing 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 provide opportunities for small to medium-sized developments of this type. CONCLUSIONS/RECOM1WENDATIONS As indicated herein, the requested land use amendment and rezoning are 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 conlribute to the overall economic development of the City. In light of the fact, however, that even after numerous meetings and discussions with City staff, the applicant has failed to provide an adequate interpretation of the zoning regulations and has proposed a master/site plan that provides less than the basic amenities, mediocre building architecture, almost no landscape design and seeks only to crowd the site with more dwelling units than the site planner is capable of Page 5 File Number: LUAR 02-005 The Harbors placing on the site in a reasonable design, staff recommends that the subject request be denied. Should the Community Redevelopment Agency Board and the City Commission recommend approval, any recommended conditions of approval will be included as Exhibit "C". ATTACHMENTS $:~HRDATA~IanningXSHARED\W'P'~'ROJECT$\'I'he Har~rsL~,UAR 02~O.~'X. STAFF R.EPORT d~: VI.-PUBLIC HEARING ITEM B.. CITY OF BOYNTON BEACt AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal --~ [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on October 15, 2002 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote recommended that the subject request be approved. Please note that the land use element aspect of this application has been withdrawn with the intent to follow-up with a replacement application for Special High Density Residential Land Use classification. The rezonmg (IPUD) request will proceed to mimmize project delays. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 02-206. EXPLANATION: PROJECT: Merano Bay (LUAR 02-006) AGENT: Carlos Ballbe, Woodside Land Development Corp. OWNER: AutoZone, Inc. LOCATION: Southeast comer of Shore Drive and North Federal Highway DESCRIPTION: o ............. a ~u~ ,~ ..... u~-~;.,~ m~. c ...... r ~-a ~ ~ ~,a~- r..~ ~ ,,,-~t Request to rezone from Commumty Commercial (C-3) to Infill Planned Unit Development (IPUD). PROGRAM IMPACT: N/A FISCAL IMPACT: ..~ N/A ~ 1~ ALTERNATIVES: _/) / N/A Deve~me/{t Delba~an-~n~D~ector' ' - City Manager's Signature Planning and Zonintl~D{rector City Attorney / Finance / Human Resources J:\SHRDATAL°Ianning~SHARED\WP\PROJECTS\MERANO BAY~LUARLkgenda Request LUAR 02-006 CC I0-15-02 dot DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-206 TO: Chairman and Members Community~elopment.. Agency Board FROM' Dick H u dscCF,, '¢([CP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: September 30, 2002 PRO3ECT DESCRIPTION Project/Applicant: Merano Bay/Woodside Land Development Corp. Agent: Carlos Ballb~ Owner: AutoZone, Inc. Location: Southeast corner of Shore Drive and North Federal Highway File No: Land Use Amendment/Rezoning (LUAR 02-006) Property Description: Vacant property consisting of +_1.75 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial Requested change/use: To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (HDR), and rezone from C-3 Community Commercial to IPUD - Infill Planned Unit Development in order to construct a 20-unit fee simple townhouse community. Adjacent Land Uses and Zoning: North: Right-of-way of Shore Drive, then developed commercial (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of Boynton (C-16) Canal, then developed single-family residential (Harbor Estates) designated Mixed Use (MX) and zoned R-l-AA Single Family Residential (5.4 du/ac). East: Right-of-way of Shore Drive, then developed single-family residential (Coquina Cove) designated Low Density Residential (LDR)(4.84 du/ac) and zoned R-l-AA Single Family Residential (5.4 du/ac). Page 2 File Number: LUAR 02-006 Merano Bay West: Rights-of-way of Federal Highway and the Florida East Coast (FEC) Railroad, then undeveloped property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. MASTER PLAN ANALY$]:$ A master plan is required for all requests to rezone to Planned Unit Development (PUD) or ]:nfill Planned Unit Development (]:PUD). For this project, the site plan also functions as the master plan. Generally, staff is in favor of converting the existing vacant commercial property to a residential use and to increase the overall allowable density to 11.46 dwelling units per acre. However, this exceeds the maximum density of the High Density Land Use Classification. Under its present land use the property could be developed for the range of commercial uses permitted with the existing Local Retail Commercial designation. This land use designation also allows rezoning to the ]:PUD zoning district at a density of 10.8 dwelling units per acre for a total of 18.9 units. The developer requested a change of land use to the High Density Residential, which also has a maximum density of 10.8 dwelling units per acre, while a change to Special High Density Residential land use would allow the necessary 20 dwelling units per acre. The City Commission adopted the Federa/H/ghway Corr/dor Redeve/opment P/an on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment. ]:t also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. ]:mplementation of the P/an included an amendment to the Land Development Regulations to create the ]:PUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the ]:PUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents one of the first requests for the ]:PUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future ]:PUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are in the optimal configuration and therefore, exceed the basic development standards. ]~n conclusion, the proposed site plan does meet the intent of the ]:PUD zoning district. As previously stated, the subject property would be eligible for 10.8 units / acre or 18.9 total units if converted to a residential use under the existing commercial land use. The plan proposes 20 total units or two (2) additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings satisfy optimal design objectives without forfeiting on any site amenities. Staff is recommending that the rezoning to the :[PUD zoning district and master/site plan be approved contingent upon the approval of a reclassification to the Special High Density land use classification, which allows the proposed density, or the reduction in units to conform to the maximum density (10.8 units per acre) currently allowed. Page 3 File Number: LUAR 02-006 iVlerano Bay PRO.1 ECT ANALYSTS The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, :Item C. Comprehensive P/an Amendments: Rezon/ng$. 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 cons/stent with applicable comprehensive p/an po#c/es including but not//m/ted to, a prohibit/on against any increase in dwelling unit density exceeding .~0 /n 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 a/so recommend/imitations or requirement, which would have to be imposed on ~ub~equent development of the property, in order to comply w/th po#c/es contained in the comprehend/ye p/an. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (Saffir/Simpson Scale) hurricane; however, the applicant proposes to develop a townhouse community of only 20 units, therefore falling below the 50- unit level. Staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.13.3 of the Land Use Element reads: "The City shall continue to encourage infi/I development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Plaster P/an, and the po#des contained in the Coastal Planagement Element." The a~ }pt/on of the :[nfill Planned Unit Development (:[PUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment P/an. The introduction to the regulations states: "/'t is a basic public expectation that landowners requesting the use of the ]PUD d/strict wi//develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction mater/a/s, amen/ties and landscape design. The extent of variance or exception to basic design standards, including but not//m/ted to requirements for parking spaces, parking lot and circulation design, and setbacks, wi//be dependent on how we//the above stated planning expectations are expressed in the proposed development p/an." The site plan (Exhibit B) for the proposed development will, upon approval, become the master plan for the ~[PUD. ~[t also meets the basic expectations of the code through the provision of notable architectural character that will be an enhancement to the corridor; convenient and Page 4 File Number: LUAR 02-006 Merano Bay adequate parking as well as recreational amenities for residents and guests; and landscaping that is both varied and abundant. b. Whether the proposed rezon/n~7 would be contrary to the established/and use pattern, or would create an isolated d/strict unrelated to adjacent and nearby districts, or would constitute a grant of spec/al privilege to an individual property owner as contrasted w/th the protect/on of the pub/lc we/fare. The proposed rezoning would not create an isolated district, but would relate to the adjacent single-family residential lands to the east and will form a logical transition between that lower density residential development and the commercial development, lying to the north of the subject site, along Federal Highway. c. Whether changed or changing conditions make the proposed rezon/ng desirable. A number of changed and changing conditions make the proposed rezoning desirable. The Federal Highway Corridor £ommun/ty Redevelopment P/an, adopted by the City Commission on May 15, 2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "En¢oura~ye a variety of housing, Develop intensity standards that allow for a variety of housing sty/es and types at intensities that will assist in supporting the downtown and genera/economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the :[PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The :[PUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels in exchange for a superior residential project that exceeds conventional standards. :in addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facE/ties. Development of the property for residential use will reduce the demand for water and sewer capacity from the potential demands, if the property is developed with the commercial uses and intensities allowed under the existing land use and zoning. Likewise, utilizing the daily trip generation rate used by the Fair Share Road Impact Fee Schedule, the project is expected to have a total average trip generation of 140 trips per day. This is far less than the 2,623 trips per Page 5 File Number: LUAR 02-006 Merano Bay day that 61,000 sq. ft. of commercial space would generate, if the property were developed under its present land use designation, l~t is also less than the 500 trips per day threshold requiring submittal of a traffic impact analysis. With respect to solid waste, the SWA has stated in a letter dated December 18, 200~., that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The Palm Beach County School District has reviewed the project for school concurrency and approved it. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezon/ng wou/d be cornpat/b/e w/th the current and future use of adjacent and nearby properties, or wou/d affect the property va/ues of adjacent or nearby properties. The master plan for the proposed use shows a residential development with easily accessible recreational amenities, attractive elevations and well-designed residences that will have a positive effect on adjacent residential property values. f. Whether the property is physica//y and econornica//y deve/opab/e under the existing zoning. Under its present land use and zoning the property could be developed for the range of commercial uses permitted in the C-3 Community Commercial zoning district, l~n ~.998 a request for site plan approval was submitted to construct a 7,234 sq. ft. retail commercial building for auto parts sales. The applicant withdrew the application prior to review by the City Commission. g. Whether the proposed rezon/ng is of a sca/e which is reasonab/y re/ated to the needs of the neighborhood and the city as a who/e. The proposed development is exemplary of the type of redevelopment and infill projects envisioned when the ~[PUD regulations were adopted in that the design well exceeds the requirements of the basic development standards as cited under the response to criterion "a", above. This and similar developments will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites e/sewhere in the city for the proposed use, in districts where such use is a/ready a//owed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized developments of this type. CONCLU$]:ON$/RECOMF4 EN DATI:ONS, As indicated herein, this request is consistent with the intent of the ]:nfill Planned Unit Development zoning district; 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 Page 6 File Number: LUAR 02-006 Merano Bay the rezoning to the IPUD zoning district and master/site plan be approved subject to the Conditions of Approval accompanying the site plan, which upon approval, becomes the master plan for the IPUD, and contingent upon the approval of a reclassification to the Special High Density land use classification, which allows the proposed density, or the necessary reduction in units as described herein. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACH M ENTS ]:\SHRDATA\Planning\SHARED\WP\PRO.~EC"P':J\HERANO 8AY'~LUAR\STAFF REPORT LUAR.doc Location Map ~eraRo Bay EXHIBIT "A" '~ -, ,'sC3 LAKE WORTH ~ S , ~c~ / BOYNTON CANAL C-16 11 NE4-~TH AVI~~ 1 'N~ t, lH AVE ' ~ ' "~" : ' : ~ ~ i "  800 0 800 Feet EXHIBIT "C" Conditions of Approval Project name: Merano Bay File number: NWSP 02-014 Reference: 2nd Review r)lans with a Planning & Zoning date stamp marking of September 24, 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Minimum backup distance for 90° parking is 24 feet. Revise roadway width X accordingly. 2. Reference FDOT Standard Index 546 for the sight triangles along all collector X and arterial roadways. A 10 feet x 10 feet sight triangle is inadequate for Federal Highway. It is also necessary to check sight distances at the intersection of Shore Drive and Federal Highway to ensure there is no conflict with sight distances and the new privacy wall on the north property line UTILITIEfl Comments: 3. 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(b)). In addition, the LDR, Chapter 6, Article IV, Section 16 requires that all points on each building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants, both existing and/or proposed. 4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance X and repairs, will be required where paverblock is placed within the utility easements. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 5. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. 6. Sheet SP-1 of 1 refers to the relocation of several signs and power poles along X Federal Highway. Indicate where the signs will be relocated to and who will perform the work. All work done within the Federal Highway right-of-way will require FDOT approval and permitting. 7. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 8. Provide written and graphic scales on all sheets. X 9. Sections A-A, B-B, and C-C are indicated on Sheet D1 of 1 but no typical X sections were found in the plan set. i0. Provide a detail for the paverblock driveways. X BUILDING DIVISION Comments: 11. Sheet A-1 - Pool House Front Elevation - shows a water feature and floor X plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with 2001 Florida Buildin~ Code, Section 114.1.3 (10)(A). PARKS AND RECREATION Comments: 12. The Park and Recreation Facilities Impact Fee requirement for Single Family X Attached Homes is based on $771 per unit. Since there are 20 single family attached homes shown on the plan, the fee is computed to be $15,420 ($ 771 x 20 units). Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 13. The applicant should provide a tabular summary on sheet L-1 showing that X the site contains a minimum of 50% native species. All trees must be minimum of 12 feet in height. Revise plans. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 14. Approval of this site plan is contingent upon the approval of rezoning to Infill X Planned Unit Development (IPUD) and the removal of two (2) units or a subsequent reclassification to the Special High Density land use classification which allows the proposed density. 15. The site plan tabular data indicates that the total pervious area is 0.74 acres or X 42.7% of the total site. Likewise, the tabular data indicates the setbacks for concrete patios for each townhouse, which can be built out in the future. In the tabular data, provide the pervious area if all townhouses built concrete patios pursuant to the PUD's self-imposed restrictions. In addition, on the site plan, outline the area (in a soft dashed line) of the patio area if developed according to the maximum allowable restrictions. 16. If a fence is required around the pool / clubhouse area, provide a detail of the X fence including the dimensions, material, and color (Chapter 4, Section 7.D.). 17. Fifty percent (50%) of site landscape materials must be native species. X Indicate the percentage amount of native material in the plant list of the landscape plan (Chapter 7.5, Article Il, Section 5.P). 18. Coordinate with the City Forester / Environmentalist regarding the installation X of brick pavers and palm trees within the U.S. ! right-of-way. 19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. X The shelter dimensions are typically six (6) feet in width by nine (9) feet in length. If a bus shelter is located nearby, staff would also recommend collaborating with Palm Tran and the affected property owner (FDOT) in order to upgrade the facility. 20. No signage was submitted with these plans. Any proposed sign will require X separate review and approval by the CRA Board. 21. Provide a note on the plan stating that the proposed buffer wall will be X painted to match the color of the buildings. 22. On the elevation sheet label all major exterior finishes to include the X manufacturer' s name and color code. 23. A 24-foot backup is required for units 1 and 20. A waiver is required. X - 24. Staff recommends additional landscaping consistent with the overall X landscape plan at the end of the buildings to enhance the buildings facade as seen from adjacent residential properties to the east. 25. To fully maximize the two (2) spaces provided in front of the buildings, staff X recommends adjusting the landscape material to allow a two (2) foot overhan$. Conditions of Approval DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 26. Any proposed wall within the development shall be C.B.S. only. X 27. Increase the proposed garage openings to nine (9) feet in width. X 28. Increase the central green area around the pool to accommodate more X landscaping while maintaining minimum turning radius. 29. Enhance the side elevations of units #1 and #20 adjacent to North Federal X Highway with the same architectural elements found on front facades 30. Enhance the rear elevations of buildings #l, #2 and #4 with similar features X (i.e., balconnettes, balustrades, mouldings, etc.) found on front facades. 31. Extend the base score line around the end facades of the purposed buildings. X 32. Staff to coordinate with the applicant the details of the waiver for the X driveway dimension on units Itl and It20. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJ ECTS\MERANO BA~NWSP\COA.doc VI.-PUBLt'C HEARt'NG CITY OF BOYNTON BEACH ITEM C. AGENDA ITEM REQUEST FOI v. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation :~, [] City Manager's Report · - --,~i RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Public Heating. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved, subject to staff conditions, and additional conditions to improve project elevations (side and rear). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-208. EXPLANATION: PROJECT: VICTORA'S CLOSET (COUS 02-004) AGENT: Thomas McCormack OWNER: 3602 NFHB, LLC LOCATION: 3602 North Federal Highway DESCRIPTION: Request Conditional Use Approval for a 34,484 square foot self storage facility in a C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: % N/A Devel6pl~en{ D4p~-t~n~nt Director City Manager's Signature Planning an~Zonin~ ~irector City Attorney / Finance / Human Resources S:XPlanning\SHARED\WPLPROJECTS\Victoria's ClosefiAgenda Item Request Victoria's Closet COUS 02-004 CC 10-15-02.dot S:\BULLETIN~ORMSLatGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-208 TO: Chairman and Members Community Redevelopment Agency THROUGH: Mike Rumpf Planning & Zoning Director FROM: Eric Johnson, AICP Planner DATE: October 2, 2002 SUBJECT: Victoria's Closet - COUS 02-004 Conditional Use Approval - Self-storage Facility PROPOSAL SUMMARY Contained herein is a description of the subject project. The subject property is a rectangular-shaped 1.992-acre parcel comprised of two (2) lots located along the west side of U.S. 1 in the southern portion of the City. The property is vacant but contains a mature Banyan tree at the southeast corner of the site. According to the survey, the site also contains the following tree species: Cabbage Palm, Schefflera, Norfolk Pine, Gumbo Limbo, Oak, Mamosa, and Pine. The applicant aims to preserve the Banyan Tree in its current state while constructing a fully enclosed 103,392 square foot self-storage facility. Self-storage facilities are conditional uses in the C-3 zoning district. According to a recent opinion of the City Attorney, the limited-access self-storage uses are allowed within the C-3 zoning district. This opinion contrasts the longstanding interpretation of the code to limit such uses to the C-1 zoning district in accordance with the intent of code revisions made in 1987. This circumstance is further explained below. Owner: Thomas F. McCormack and Charles Highley Agent: Thomas F. McCormack Project name: Victoria' s Closet General description: Conditional use / new site plan approval for a three story self-storage facility. Property size: 86,758 square feet (1.9 acres) Land use: Local Retail Commercial (LRC) Current Zoning: Neighborhood Commercial (C-3) Location: West side of U.S. 1, south of the intersection of Old Dixie Highway and U.S. 1 Building area: (See Exhibit "B" - Proposed Site Plan) Surrounding land uses/zoning: Victoria's Closet - COUS 02-004 Page 2 Memorandum No. PZ 02-208 North - Developed commercial use, zoned Palm Beach County Commercial General (CG); East - U.S. 1 right-of-way, farther east is developed commercial, zoned Community Commercial (C3); South - Vacant commercial property zoned Community Commercial (C3); West - Developed residential, zoned Palm Beach County Residential Multi-family (RM). BACKGROUND In summary, in 1987 the zoning code was amended, pursuant to an outside petition, to establish a definition for the "limited-access self-storage" use, and insert provisions in the code to allow them in close proximity to residential and office environments. The regulations were written to address appearance, distance separation, height, outdoor storage, and signage. To prevent their proliferation, and the opportunity cost of them being constructed in all commercial districts, the approval was intended to limit the uses to the C-i district. Recent interpretation of the code by legal staff, as initiated by representatives of the applicant, has identified weaknesses in the code amendments that essentially allow the use to be carried forward into the C-2 and C-3 districts. Once this code weakness was realized, the city passed Resolution No. R02-135 on August 6, 2002, and followed up with a public heating in accordance with procedural requirements established by Ordinance No. 00-53. This "Notice of Intent" (NOD process allows for the initiation of a study and/or formulation of code amendments to address a particular code issue. The current NOI is in effect for 180 days, or until approximately January 6' 2003. Although the NOI prevents related applications from being submitted during the study period, the subject application was submitted prior to the passing of the resolution, and is therefore eligible for review and consideration. For purposes of this review, the code sections applicable to storage uses in the C-1 district have applied been applied to the subject · equest for a limited-access self-storage uses within the C-3 zoning district. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to s~andards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the fbllowing standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress/egress will be solely from U.S. 1 in a manner approved by Florida Department of Transportation. The site plan shows that there will be one (1) ingress lane and one (1) egress lane. They will be separated by a landscaped median. Although not dimensioned on the site plan, there will be sufficient "throat" distance so that vehicles entering the site will not be impeded by any vehicles that are exiting the parking spaces. In addition, a gated driveway onto U.S. 1 will be for emergency vehicle exit only and is anticipated Victoria's Closet - COUS 02-004 Page 3 Memorandum No. PZ 02-208 to experience little use. According to the survey, a four (4)foot wide sidewalk exists along the east property line. To comply with code, during construction of the site, the sidewalk will be enlarged to five (5) feet in width. A traffic statement was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project would generate 237 new average daily trips, and would meet the Traffic Performance Standards of Palm Beach County. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The proposed building will be a Iow traffic generator. This is evidenced by the findings of the Palm Beach County Traffic Division. The parking required for the self-storage facility shall be provided at a rate of one (1) space per 75 storage bays, plus 1 space per 300 square feet of office and 2 security spaces (see Exhibit "C" - Conditions of Approval). A total of 14 spaces will be required since the building will have 599 storage bays and 1000 square feet of office. The plan provides a total of 17 parking spaces, two (2) of which, are designated for handicapped use. All parking spaces will be dimensioned at least nine (9)feet in width by 18 feet in length, except for the handicap spaces, which will be 12 feet in width by 20feet in length. There will be one (1) loading zone located at the rear of the building not facing U.S. 1. The loading Area is adjacent to a one-way 15foot wide drive aisle that will provide easy access around the building and to the loading and dumpster area. According to the applicant, because of the nature of the business, there will be virtually no impact on adjacent and nearby properties, or the City as a whole, with respect to glare, noise, or odor. The storage bays shall not be used to manufacture, fabricate, service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site (see Exhibit "C" - Conditions of Approval). All of the storage bays will be inside a wholly enclosed space with no doors having direct access to the outside of the building. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. A dumpster enclosure with wooden gates is proposed at the southwest comer of the site. It will face north and be angled in such a way as to facilitate the efficient removal of trash. Additional landscaping will be required around the base of three sides of the dumpster enclosure (see Exhibit "C" - Conditions of Approval). 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer will be in place prior to the issuance of a certificate of occupancy. The demand for water and sewer capacity will be very limited. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. A buffer wall six (6)feet in height is proposed along the west property line and a llO-foot portion of the north property line, where the subject property abuts residential property. The wail will be painted on both sides to match the building. It will be constructed prior to the issuance of a certificate of occupancy. Staff · Victoria's Closet - COUS 02-004 Page 4 Memorandum No. PZ 02-208 recommends that the style of the buffer wall be enhanced with details such as cornices, columns, and multiple colors tones to match building colors (see Exhibit "C" - Conditions of Approval). According to the applicant, the landscaping to be installed will be that of a "lush Florida Hammock". Also, the intent is to preserve the mature Banyan Tree located at the southeast corner of the site. The project perimeters include: a 30-foot wide landscape buffer strip along U.S. 1, a five (5)foot wide buffer strip along both north and south sides of the project, and a 12-foot wide buffer strip at the rear (west) adjacent to the residential property. Along the north, west, and south property lines, the landscape plan proposes 35 Green Buttonwood trees spaced at least 1 tree for every 30 linear feet. These trees, coupled with the six (6)foot wall will provide lower and upper level buffers between the abutting residential properties. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The maximum allowable wall signage area is based upon the linear frontage of the proposed self-storage building. The ratio is based upon 1~ square feet of sign area for every one (1)foot of linear building frontage. According to the elevations, one (1) wall sign is proposed on the north faqade. The elevations show the location of the proposed wall sign to be centered above the building's main entrance. It will be a back-lit sign, 54 square feet in area, with two (2)foot high letters. The plan proposes a freestanding monument sign to be located south of the egress lane along U.S. 1. It will be placed at least lO feet from the property line. According to the elevations, the monument sign face will be 32 square feet in area. As proposed, the monument sign will be eight (8)feet in height and be eight (8) feet in width. The site plan shows that the sign will be an internally lit double-faced sign-face type. The letters and cabinet will be dark green (Sherman Williams Olive Grove #2369) on a white background. The base will match the texture and color of the main building faqade. Staff recommends that the lettering style and color of the monument sign shall match the wall the lettering and color of the wall sign (see Exhibit "C' - Conditions of Approval). The site address will be identified on top of the monument sign. Except for the required outdoor site lighting, which is consistent with Code, no additional outside lighting is proposed that could create excessive light. 7. Required setbacks and other open spaces. The building will meet all required setbacks of the C-3 zoning district. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed project is compatible with the existing commercial uses adjacent to the subject property. There will be little or no impact to the adjacent properties or to the general area. A self-storage facility is not considered as an intensive use. The conditions of approval clearly outline that no one can operate a business from any of the storage bays. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. Victoria's Closet is designed as a three-story building with the top of the decorative barrel tile roof to be 43feet in height. The top of the parapet wall will be 32feet - six (6) inches in height. The roofline will be 30feet in height. Victoria's Closet - COUS 02-004 Page 5 Memorandum No. PZ 02-208 The entire building, particularly the facade facing the U.S. 1 rights-of-way, has been designed to enhance the overall appearance of the commercial corridor. The exterior walls of this new stntcture will have smooth stucco finish and be painted in multiple colors. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The construction of Victoria's Closet will represent the only new development in the immediate area in many years. The proposed use will constitute additional convenience and choice for residents of the City and neighboring residential subdivisions. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project will comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed self-storage facility would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. In particular, the applicant will have to apply for and obtain all necessary approvals and licenses from all applicable governing bodies. RECOMMENDATION Based on the discussions contained herein, in compliance with all applicable development regulations, and the consistency with ~he Comprehensive Plan, s~aff recommends that this request be approved subject to satisfying all Conditions of Approval as contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project (obtain a building permit). MR/eli S :~la~nin$~ H ARED~WI~P ROIECTSWiemri~'s Closet~Sl,~f ~,porl. clm: Location Map Victoria's Closet EXHIBIT "A" / REC ' / / $ -~~ EXHIBIT "B PERSONAL & ~MMERCIAL STORAGE ~, EXHIBIT "B" PERSONAL & COMMERCIAL STORAGE '" ~ ~RTH FEDE~L H~. ~YNTON ~ACH. ~ ' ---T----+:,TM ...... ' "~'.=r~'' I I '- -~ , , -1' .... ~----1 I ~-- - ,,_ ~. __ L-=_-=-_~ =_ __ J_ __ ~ _ _ _ L _ ~-_~ ~ _ -- __ ., .. ...... J. 1-- --','---T -r---~--q -1 I J ~---~--- f -~---t-----~---~ ] ' ,-.---- I- I I i I I , I I I I I I I I ----I I I I i I I ' I I I I -, II I I I I I " I &_ .... -i,- -t ..... ~' ~ .~" ..... ',____,1 "' I .I I I I 1 ~ ~ t L i ~ -- -T---- -~- -- --,"-- --',-- - '1 ' I L .. I _1_ .L_ .~ ..... I I I ;i :1 I · ' ~ - -- II .... ~ ~ --~ I I ~ 1 -- -~ ---~ ...... r -- --1----1 -- --1 - -- · I I / , , I ~ , , i I ' ..... [ 'l J' -~ ' -..~. .... · .... b .... 1 ----'[ --'t ...... ~ I / I / -'t.l; ~'.~f_l' i=l - ~1' ,: ,, l I t~ m-~' I.-'l. -' ~t ,,.,.-o- ~. ' I ,,~--~::", ~ ' ' I "~'-" I0 ,'~ ~ ] : .rt T ARCHi~CT PERSONAL .& COMMERCIAL 8TOFLAGE / rr ~o~aD*a.~. ~¢~am~, ~ ~ ~,~',~oo 360~ I~:)RTN FEDERAl. HWY. 8OYNTON l~, CH. FL .- EXH!B!- "B" ..... '---- t I . ~--~--T--~--: I " -~ .... ~-- ~ ......... I ' I ~ ....... ~_ I ~ I t r ........ r i - r---,~- ~ m i ~ I ] ~ ' I ~ ~ I I I [ I I , I ~ . r-~-~--I ~' T--~--~-T---~ [ I [ I ~ I m ___ I I I I iI, I I /I . ~ ~ I t I I L_--~ · ,, , . , e ~_._L I I ~ I ~ F-T-~- ~--~--~ ~-~--T-m-f- T--F ..... 1 t j_L~_~~_~L ~ .... ~ L __~_L ~ ~_ L ~__ 2¢ 2--L%-- ~ L . ._ _ ,~~~.~ . I I ' r [ , ' 'm- - q'l -- -'~-- - F-' -- i F..___~ ~ -~---f ~ -1 ] "-------1 t,,___ J ~ ;, ~--,_~1___ ~. ~ _,t I- ~- F t ~ I ---I F----T .... I " ' ,l, : , ....... L... 1~ .j__ ~ -r----- -i .... T---- -- -T ' I I i I -r'-- I- .... I ~ ~ I I ~ t.----'[---~ ........ t--- = --- ~---~--- J.--__l ...... J-----L____L_ __1 I I I / I ~ I I I I ,' I I I I i I ; ~ i i ; I-------,~ ~ ; I I I I I I t ~ I- [-----I-- '-~ -- T-- T -- 1- -- m-i- --*-- ~ --~ ...... ' 4 L__ j I i I I I .~ , j ,i i I I _~ . I I I. ! , I , ~ , I I I i I I I m----I j L----I-/---I_J____L_LLJ__~_Lj_ ,~ , ~ ? I ~ff~ r- -i- - --I~--- i----~----""-'-~ -1 I---[--1--~,-m'-~--~-~-'-, I ' ~ I I -- -- I ~ i I : ~ ' ~ I I ~- I i I ~ ~ , ~ I I I · I . I ~ .... l- J---i_L_ I_L_ ,' _±_ ~_ ~t_ ~'_i__[ I F---F-]--~-~ , ~ ~--,-~-~- -~ ..... ~ L £----J'-L--L-J--L-J--i-_L_j._.L_M__L2 I j r-T--T~ I' ' ' ' I' I I I I I EXHIBIT "C" Conditions of Approval Project name: Victoria's Closet File number: COUS 02-004 Reference: 2rd review plans with a Planning & Zoning date stamp marking of September 24, 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. All existing and proposed utility easements shall be shown on the Site X and Landscape Plans so that we may determine which trees may interfere with utilities. Water and sewer lines to be owned and operated by the City shall be included within utility easements. All proposed easements shall be a minimum of 12 feet in width. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). In general, palms will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 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(b)). 3. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. City water may not, therefore, be used for irrigation where other sources are readily available. Indicate irrigation water source. FIRE Comments: None X POLICE Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X ENGINEERING DIVISION Comments: 4. FDOT permits will be required for the two proposed driveways and for X the signs (ddght-tum only) to be placed within the FDOT right-of-way. 5. It may be necessary to replace or relocate large canopy trees adjacent to X light fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.l.b). Unable to determine if any conflicts exist as plans are incomplete. 6. Indicate, by note or detail, that drainage will conform to City Standard X Drawin~ B-91007 (modified as necessary). 7. Add a note to the Landscape Plan that within the sight triangles there X shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). 8. Indicate by note to what standard the project is to be constructed; if the X FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 9. Provide written and ~aphic scales on all sheets. X BUILDING DIVISION Comments: 10. From the FIRM map, identify in the site data the title of the flood zone X 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. 11. At time of pen'nit review, provide a completed and executed City of X Boynton Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 12. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 13. Add a labeled symbol to the site plan drawinl~ that represents and X DEPARTMENTS INCLUDE REJECT 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 door 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 required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Federal Fair Housing Act. 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. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 14. The applicant should indicate on the landscape sheet SP-1 the replacement X trees for those trees beinl~ removed from the site. PLANNING AND ZONING Comments: 15. The buffer wall will be painted on both sides to match the building. It X will constructed prior to the issuance of a certificate of occupancy. Staff recommends that the style of the buffer wall be enhanced with details such as cornices, columns, and multiple colors tones to match the building colors. 16. The parking required for the self-storage facility shall be provided at a X rate of one (1) space per 75 storage bays, plus 1 space per 300 square feet of office and 2 security spaces (Chapter 2, Section 11.O.3.d). Revise the ~ite nlan tabular data tn reflect the cane, at infnrrnation. 17. Hedges will be required at the base of three sides of the dumpster X enclosure (Chapter 7.5, Article Il, Section 5.J.). Staff recommends installing hedge material (no ficus) at a minimum four (4) feet in height around the sides of the enclosure. Also, an alternative to wood gates should be used to maximize its life and appearance. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 18. The storage bays shall not be used to manufacture, fabricate or process X service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site. 19. The maximum size of a storage bay shall be limited to 450 square feet. X On the floor plan, indicate the size of each storage bay or provide a "typical" if all bays are similar (Chapter 2, Section 11.O.l.c.). 20. Fifty percent (50%) of site landscape materials must be native species. X Indicate the amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). On the landscape plan plant list, separate the trees from the groundcover / shrubs. Indicate by asterisk, the native species and ensure that at least 50% of landscape material is native. 21. Coordinate with the City Forester / Environmentalist regarding X theinstallation of brick pavers and palm trees within the U.S. 1 fight-of- way. 22. Staff recommends that a period of one (1) year be allowed to initiate this X project (obtain a building permit). 23. Staff recommends that the monument sign structure be enhanced to X match the building architecture. 24. Staff recommends that the lettering color and style of the monument sign X shall match the same of the wall sign. ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 25. Reject condition #14. The applicant should indicate on the landscape X sheet the replacement trees for those trees being removed from the site. 26. The north, south, and west elevations shall be enhanced to improve X appearance as well as soften the large relatively plain wall expanse. The improvements may include but not limited to faux windows, eyebrow awnings, decorative / vertical columns, tower feature(s), and gable parapets with tile to match. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined e'~m'--:-g\SHARED\WP\PROJ ECTS\Victoria's Closet\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Victoria's Closet APPLICANT(S): Thomas F. McCormack and Charles Highley APPLICANT'S ADDRESS: 1 East Broward Boulevard, Suite 700 Ft. Lauderdale, FL 33301 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2002 TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan for a self-storage facility LOCATION OF PROPERTY: 3602 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARE D\W P\P ROJECTS\Victoria's Closet\DO,doc VI.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM D. AGENDA ITEM REQUEST FOI ,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetinv Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Public Hearing and Legal, Ordinance - Second Reading. The City Commission approved this request on First Reading with a 4 to 1 vote, subject to all staff comments except #5, thereby allowing the buffer to be reduced to meet project design characteristics. For further information, see attached Department of Development Memorandum No. PZ 02-188. EXPLANATION: PROJECT: QUANTUM PARK DRI NOPC/MASTER PLAN AMENDMENT #13 (DRIA 02-001/MPMD 02-002) AGENT: David B. Norris, Esq., Cohen, Norris, Scherer, Weinberger & Wolmer OWNER: Quantum Limited Partners, LLC LOCATION: Quantum Park DRI DESCRIPTION: Request to amend the Quantum Park DRI/Master Plan to change the permitted use on Lot 89B from "Office Industrial" (OI) to "Mixed Use" (MU); Lot 3 from Industrial (IND) to "Office Industrial (OI); and Lot 34-C from "Reserved" to "Open Space/Detention". PROGRAM IMPACT: N/A FISCAL IMPACT: ~ N/A ALTERNATIVES~ Develol~e~artment Dir'tn:tor City Manager's Signature Planning and Zomng~lfrector O City At'~rne'~y / Finance / Human Resources S:XPlanningXSHARED\WP\PROJECTS\Quantum Park 2002 Amend #13 + MPMDXAgenda Item Request Quantum Pk DRI-Master Plan Mod 2nd reading 10-15-02 .dot .. SABULLETIN'q:ORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION WHETHER CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN ORDINANCES NOS. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-0, 00-02 AND 01-54 CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06, FLORIDA STATUTES, 1996, AND WHETHER FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51, 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02 AND 01- 54) FOR PURPOSES OF INCORPORATI]qG THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco") led with the City of Boynton Beach (the "City") an Application for Development ,val of Comprehensive Development of Regional Impact (the "ADA") on May 21, regarding that certain property (the "Property") described in Exlxibit "A", attached and made a part of her~f; and WHEREAS, the ADA was approved and the Development Order for the Property granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Development ; and WHEREAS, Riteco subsequently conveyed its right, title and interest in and to the to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"), Boynton Park, in turn, subsequently conveyed its right, title and interest in and to the ~erty to Quantum Associates, a Florida general partnership (the "Developer"); and Page I of 5 WHEREAS, the City approved previous applications to amend the Development which applications were approved by the City in Ordinance No. 86-11, Ordinance 6-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96- Ordinance No., 96-65, Ordinance No. 97-20, Ordinance No. 99-05, Ordinance No. and Ordinance 01-54; WHEREAS, the City Commission of the City of Boynton Beach, as the governing having jurisdiction, is authorized and empowered to consider applications for to development orders approving developments of regional impact pursuant Chapter 380.06, Florida Statutes (1996); and WHEREAS, the City Commission has considered the testimony, reports and other evidence submitted at said public hearing by Quantum Limited Partners "Quantum"), the City staff and the public, and the City Planning and Development recommendation of the 24th day of September, 2002; and WHEREAS, said City Commission has considered all of the forgoing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. A notice of public hearing was duly published on the 1't day of 2002, in the Palm Beach Post, a newspaper of general circulation in Boynton Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said been duly filed. Section 2. The Development Order shall be amended to include the following Page 2 of 5 Lot 3: lot was previously designated as Industrial (IND) and shall be amended to Office/Industrial (OI). Lot 34C: This lot was previously designated as "Reserved" and shall be amended to Open Space/Detention. 89B: lot was previously designated as Office/Industrial (OI) and shall be amended to Use (MU). The proposed Mixed Use Designation includes office, commercial and ddential uses. Section 3. Master Site Development Plan Amendment No. 13 as submitted to the a copy of which is attached hereto and made a part hereof as Exhibit "B" replaces supersedes the Master Site Development Plan currently approved in the Development Section 4. The Development Order includes Conditions of Approval, a copy 'which is attached and incorporated herein as Exhibit "C". Section 5. Upon consideration of all matters described in Section 380.06, Florida (1996), it is hereby determined that: A. The amendments proposed by Quantum do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B. The amendments proposed by Quantum are consistent with the local comprehensive plan and are, or will be, consistent with the local land development regulations, subject to the conditions outlined above. Page 3 of 5 C. The amendments proposed by Quantum are consistent with the recommendations of the Treasure Coast Regional Planning Council, subject to the conditions outlined above. D. The amendments proposed by Quantum do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes (1996). Section 6. The City Commission has concluded as a matter of law that these gs have been duly conducted pursuant to the provisions of Chapter 380.06, :lorida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and the Development Order is hereby amended incorporating the amendments proposed as set forth in Section 2 above. Section 7. Except as otherwise amended herein, the Development Order shall aain in full force and effect. Section 8. All ordinances or parts of ordinances in conflict herewith are repealed. Section 9. Should any section or provision of this ordinance or portion hereof, paragraph, sentence or word be declared by a court of competent jurisdiction to be such decision shall not affect the remainder of this ordinance. Section 10. Authority is hereby granted to codify said ordinance. Section 11. This ordinance shall become effective immediately upon passage. FIRST READING this ] ~ day of 0~-/-7~ ~f'- ,2002. Page 4 of 5 SECOND READING and FINAL PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk 5:ca\Oral\Quantum DRI- 2002 - Amendment No. 13 Page 5 of 5 EXHIBIT "C" Conditions of Approval Project name: Quantum Park NOPC Amendment # 13 File number: MPMD 02-002 Reference: 2'~ review plans identified with a September 3, 2002 Planning and Zoning Department date stamp markin DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. With respect to the re-designation of Lots 89B and 3 the Developer shall X provide a Traffic Impact Analysis (TIA) as noted in Staff's reviews of Quantum Villages North and Quantum Villages East (Lot 89B), dated August 5, 2002, (provided under separate cover) which, at a minimum, evaluates the impact of traffic (turning movements) and need for signalization. Of particular concern is traffic congestion at the proposed intersection of High Ridge Road and the proposed Quantum Villages North and Quantum Villages East (Lot 89B). The TIA must be provided at time of Master Site Plan submittal for Lot 89B and Quantum Village-North. UTILITIES Comments: 2. The applicant (through his design engineering consultant) needs to X demonstrate that: a.) sufficient utility system capacity is available to support the proposed modifications to the previously approved land uses to the north of Gateway Boulevard; or b.) that the necessary upgrade(s) to the system(s) will be provided to allow for the proposed use(s) at time of Technical Site Plan Review. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X BUILDilVG DIVISION Comments: None X PARKS AND RECREATION Comments: 3. All residential development planned for this area will be subject to the Park X and Recreation Facilities Impact Fee. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. Under the condition of Amendment #8 to the Quantum Park Development X Order and Chapter 3, Article IV of the Land Development Regulations, a traffic analysis is required for this Master Plan approval. In lieu of an independent traffic consultant, the staff and the Palm Beach County Traffic Division will review the traffic study. The project must meet the Palm Beach County Traffic Performance Standards. 5. If Lot 89B is developed as residential, it must meet the buffer requirements of the Quantum Park Peripherial Landscape Buffer Plan and the PID buffer X requirements in the land Development Regulations. No waivers are allowed. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: I. Omit Comment #5 allowing buffer plan to be reduced and project setbacks as X proposed or adjusted. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~lanning\SHARED\Wl~PROJECT$\Ouantum Park 2002 Amend #13 + MPMD\COA.doc DEPART.ME:N- OF "' E',"ELOP,MENT MEblORAt'iOU,*,I biO. ,cZ 02-188 -~". Chairman and Planning and Development B~.~rd THROUGH: Michael Rumpf Planning and Zoning Director FROM: Lusia Galav, AICP. Pnnc~pal Planner DATE: September I 1,2002 SUBJECT: Quantum Park - DRIA 02-001,MPblD 02-002 Master Plan Amendment .~13 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, be~,veen Miner Road extended and the Boynton Canal - (C-16). (See attached Exhibit "A" - Location Map). The applicant, blFT Development, Inc. is requesting an amendment to the Quantum Park DRt Deve!opment Order (D.C.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.C. was suPsequently amended i i times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02 and 0!-54. The City Commission denied Amendment -'11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #13 proposes three changes including amending the existing use designation on Lot 89B in the Master Plan to the "Mixed Use" designation. All requested changes are depicted in Exhibit "C" - Proposed blaster Plan and described as follows: 1) Change in the blaster Plan designation of Lot 89B from Office/Industrial (OI) land use to Mixed Use (MU). The proposed Mixed Use designation includes office, commerc~af and residential uses; 2) Change in the Master Plan designation of Lot 3 from Industrial () land use to Office/industrial (OI); and 3) Change in the blaster Plan designation of Lot 34.-C from "Reserved" to Open Scape,.' Detention. BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (1 9) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC Ouan'~um Park - ORIA 02-C0!,.MPMO 02-0C2 Memorandum No. PZ 02-188 is reviewed by the Ficrida Department ~;f C.:m..m~.,'-;:'/ ,-,,,:.~,o ,,-,C.-.; = , --~ ..... :.~-, Regional Planning Council (RPC) and The C~t7. T,he C_,CA ac.c, tr'e RPC are reviewing t2e proposed NOPC and will provide comments ,~.lu, ,.¢ .... ..,r,~c=u,.,,_= au;fir'ed in Chac:er380.0c The City's Land Development Regulations Chapter 15. Sec. 4..3A redulres a preliminary rev~e',v by the Planning and Development Board of .an amendment to a ORI. Chapter 380.06 F.S. requires that the local governing body hold a puOiic hearing to rev:ew and approve the lxJOPC. The City Commission is required to determine whe(her :he proposed change to the ,.QuanTum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 ('i9). If it is determined that the requested change is a substantial de,,,'iaticn then ¢, ,rther review ,,viii be required pu:suer-' to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Par'<. That Master Plan has been amended over the years, the latest change being approved on ~Xlovember 6. 2001. The proposed Amendment #13 alters the approved land uses for that Mas~er P!an. Therefore the review of the DRI amendment also constitutes a review of the changes to the Master Plan for Quantum Park. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, blaster Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on September 3, 2002. ANALYSIS Notice of Proposed Ohan.qe (NOPO) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that only one of the criteria applies to the proposed changes for Quantum Park DRI. This criterion, which is applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". 4. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within a authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviaticn Determination Chart". The applicant has 0rovided an updated chart. Amendment ~13 involves changes to five land usa categories: Industrial. Off:ce/Industr'al, Mixed Use (includes Residential), Reserved and Open Space. There is a loss of Industrial acreage, but the allowable square footage thresholds would not change on the Master Plan. Also. the proposed Mixed Use designation for Lot 89B would not add residential units to the blaster Plan. These changes are reflected in the "Notes" section on the Master Plan. Cua~t,.;m Park - CRIA 02-C01,MPMD 02-002 ,Memorandum No. PZ 02-188 The proposed increase and decreases are presumed :3 ma.~:a:,~ :~e ,,est-:.; generation level of 63,752 average ,da~l,/ :r:c,s ~,~,DT). Conclusion The proposed changes delineated in Amendment -.-13 are determined nc~ ~o Se a substantial deviation per Chapter 380.06 (19) of the Ficrida Sta,',utes. The applicant has provided the Substantial Deviation Table and a traffic s,ud,, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying ConDition of Approval #4 regarding Palm Beach County Traffic Performance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the aoproved Master Plan for the Quantum Park DRI. There are three major changes proposed. The applicant provided the fotlowir~g descriptive summary of these changes. Lot 89B (4.00 Acres) Lot 89B was previously designated as Office/industrial (OI) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land use designation includes office, commercial and residential uses. Lot 3 (4.07 Acres) The Land Use of this lot is currently designated as Industrial (IND) Land Use. The Land Use has been revised to "Office/industrial (OI)". This lot previously was designated as Office/Industrial (OI) and revised to the current Industrial (IND) designation by Amendment No. 10. Lot 34-C (6.,58 Acres) The Lot 34-C Land Use is currently designated as Resen/ed. The R_s~rved Land Use designation was approved as part of the Master Plan amendment No 12 approval. The conditions of approval for Amendment No. 12 acknowledged the need for the City to address the Open Space requirements for the entire development prior to a developable Land Use designation for Lot 34-C. The Land Use designation for Lot 34-C is proposed to be removed from the "Referved" designation and included, as it was previously, in the Open Space/Detention designation. The reason for this request is described below. Subsequent to the approval of Amendment No. 12, Quantum Community Development (QCOD} had acquired Lot 34-C. The QCDD is the public entity resconsible for the maintenance Secondary Drainage Systems within the development. The acquisition of Lot 34-C by the QCDD removes the land from the available developable acreage. The QCOD purchased the property to address the preserve and open space requirements of the Development Order, to address security issues relative to the sand pine preserves and to provide additional land area for dra!.nage purposes as necessary to accommodate the vested future development. Quantum Park- ,..., m"" "" l A 02-C01,MPMO 02-C02 Memorar~c!um ,No. PZ 02- ~ ,68 Tacle 1 provides the proposed acreage charges to :he CRI Master Plan. TABLE 1' DRI MASTER PLAN LAND USE ACREAGE CHANGES Land Use Designation Proposed Acreage ORIA Existing Acreage Change #13 Industrial(i,ND/ ~ 97.18 ~'3:25 '37 Office/Indusmal rOI) i 79.82 7375 03T Mixed Use I 9486 9035 43 Ocen Soace t 88.78 82.20 5.58 =ese¢/ed ; 0 5 ~ 5 ~3 Ail other categories on the Land Use Acreage Table remain :he same as acprove~ Amendment ~12. The Quantum Park DRI acreage :ora! of 553.13 remains unchanged. The Quantum Park DRI has been amended 11 times over the years, wh,cn ~s nc( unusual ~cr a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19). provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including c~aaged market conditions". These proposed changes to the Master Plan were analyzed from two cerspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with ~he regulations and policies adopted by the City through the Comprehensive Plan, Land Oevelopment Regulations and ot~er applicable stucies such as the Visions 20/20 plan. Impacts Reaional A development has gone through the ORI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to de[ermine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be aa increase in traffic resulting from the land use redistribution/redesignation. A provision in Amendment ~8 to the Quantum Park development order requires that" A traffic study shall be submi~ed with any future application requesting a change in use designations cn any lot. The City shall hirs, at the app':tzm's s:<;-z-ss, 2,~ ,..~2::.==.. review the study". In lieu of an indegend~c: .... ':- ' ' ' Depa~ment Director, a designated TRC member, conducted the review of the traffic study. The apolicant has also transmi~ed the traffic study to the Palm Beach Count'/ Traffic Division for t~eir customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63.752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed changes to the land use designations. The Palm Beach Ccunty Traffic Division has not released the results cf their review at this time. ¢_,uart,'um Par'< - ORIA 02-C01JMPMD 02-002 .Memorandum No. PZ 02-188 The Department of Community Affairs anc the Treasure Coast Regional Plann~ng Ccunc:l focus their review of the amendment on regional ;ssues exc!usivety. Staff has ncr ,/~I.~ received a formal written response from these agencies. It s a..nr.:c.,catec '.Pat the ~:;t',' from both agencies before review by the City Commiss',on. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested changes is ,,vi~hin the jurisdiction of the city. As such, the city's main focus is local issues and impacts. There were no significant local issues identified by the TRC members .~t this Lme. The U,,,i, =o ~k .......-.... :':,as indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer. The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels wilt remain within the limits for whict~ the DRI is vested. Turning movements and signalization issues can be evaluated and addressed at the Master and Technical Site Plan stage. Drainage will also be reviewed in detail as part of the Master and Technical site plan approvals, and must satisfy all requirements of the city and local drainage permitting authorities. Consistency and Compatibility with City Policies Of the three changes proposed by the applicant only Lot 89B presents issues that are contrary to city policies. The three proposed changes are discussed below. Lot 3 - This lot was inadvertently changed from Office/Industrial (OI) to Industrial (I) in NOPC #10. The site has an active site plan approval which requires the PI designation to allow the permitted development of an office/warehouse with office use comprising more than 20% of the square iootage permitted under an "lndus~iai" cniy des;gna[~on. The applicant is proposing the change to rectify this situation. Lot 34-C - This lot was designated as "Reserved" in the last DRI Master Plan amendment -"'12. The "Reserve" category is a non-development designation. This lot was never des/gna[ed for development and has been included in the Open Space category until Amendment #12. The applicant wanted to place an "Industrial" designation on the lot. Staff objected and the compromise "Reserved" category was initiated until the city and developer could determine the most appropriate use for the site. Subsequently, the developer sold the parcel to the Qpantum Community Development District (QCDD) for detention/retention and open space. This is consistent with the intended use of the site in ,~,~,.,,= cr~r-;n~-~._, ~. mrna,, ~"orcva!._... Lot 898 - Lot 89B is a four (4) acre lot located in the northeast corner of the Quantum Park PID. The current Master Plan designation is Office,/ Industrial (OI). It is an rregularly-shaDed lot located east of High Ridge Road. The applicant has provided the following iustification for changing the tot to Mixed Use (MU). Lot 89B is adjacent to Lots 83 through 88. Lots 8S through 88 are designated as Mixed Use. It has been determ:'ned t,hat to enhance the Mixed Use concept, as weft as the residential component to that concept, the addition of Lot 89B is necessary and appropriate. The inclusion of lot 89B as Mixed Use w/ii enhance the proposed development of Lots 83-88, which will Oenefit the entire Quantum Park as well as the Quantum Park - ORtA 02-001,.MPMD 02-C02 '¢emorandum ',lo. PZ 02-188 C~ty. T, here really is no down side to :.r¢s c,~,ange, as this grocery .cas cee.c -:;ttrng '/~c.?r for many, many years, and as such. apparent,',,/ is ncr desirable /n ~.ee marker /cr development as Office or Industrial. First, Lot 89B is not "adjacent" to Lots 83 -88. It is across High Ridge Read which ~s a four lane divided local collector. Second, there is existing and proposed office. ,ncustrial and commercial development surrounding Lot 89B as descr?sed further ~elow. North - Lot 89-A designated Office/Industrial (OI) and occupied ~,y Ed Carey Design, (Design, manufacturing, storage and distribution of d~cor elements) and deveioped !and, outside of Quantum Park, with an industrial land use designation and zoned M-l; South - Right-of-way for High Ridge Road and Lot 90(portion) designated Office/Industrial (OI) developed as Gateway Professional Building; East - Lot 90(portion) designated Office/Industrial (OI) developed as Gateway Professional Building and Lot 90(portion) designated Government/Institutional (G&I)) developed as the TriRail public transportation station; West - Lot 89-A designated Office/industrial (OI) and occupied by Ed Carey design and right-of-way for High Ridge Road.. Farther south in this northeast portion of Quantum Park is Lot 9! designated Office/Industrial/Commercial on the Quantum Park Master Plan. It is located on the northeast corner of High Ridge Road and Gateway Boulevard. The northern border is an access drive for the TriRail station. This parcel was originally approved for an ice skating rink but the site plan expired. Now it is the subject of an Use Approval application for a gas station/truck stop/convenience store and a Conditional Use/Site Plan application for a fast food restaurant with a drive-through facility. The applicant's argument that Lot 89B is not suitable for office or industrial is not consistent with the nature of development occurring around it. Simultaneously with this NOPC application, Quantum is requesting Master Site Plan approval for Lots 83-88 designated Mixed Use on the Master Plan. These lots were the first to be designated Mixed Use with the approval of Quantum Park DRI Master Plan Amendment #10. This proposed Master Site Plan provides for commercial development along Gateway Boulevard and 136 fee simple townhomes on the balance of the site. An additional six (8) rental units are proposed to be located in the commercial portion of the site integrated with office use. Aisc submitted is a Master Site Plan for Lot 89B that continues the townhome portioq of the development with 39 units proposed. If these two Master Site Plans were approved they would use the balance of residential units permitted for Quantum Park. Mixed Use, including residential, commercial and office is permitted on lots 83-88. These lots are the last available designated for this ty0e of develooment in Quantum Park. The city's originai intent in approving the "Mixed Use" designation was to allow ~ne Ceveiopmem of nec- traditional and new urbanism design concepts. This has not occurred, nor is it evident in the two Master Site Plans submitted. Considering the intent of the mixed use designation it would be more appropriate to incorporate the remaining 39 units into the site plan for lots 83-88. The location of lot 89B is not conducive to residential development as it is surrounded by non- resi'dential uses. The future residents will be homeowners who may object to specific industrial uses located adjacent to them..This incompatible situation is contrary to the intent and purpose Quamum .=ark - DRIA 02-00!,.MPMD 02-002 MemoranCum No. PZ 02-188 of a planned industrial park. Aisc, the argument C'/ ~= acciica2, t ,yes,. ~s flawed. There ~s no ~og~ca~ development of the mixed use on Lots 83-88 located to the connection between Lot 89B and the lots to the ,,vesL The aP01icaticns fur the Master S[~e Pans icc=.=._ c~ the res~cent~a! indicate that the recreation area will be ' -'- ~ ~. - .... ~c ~ . _ ,,vest and will be used by the residents in 898. Automobiles as well as ;edestr;ans must cross High Ridge Road, a four-lane divided roadway to access the pr~nc~oai projec:. This is not a signalized intersection nor is it proposed to be cae. Safety and access are majcr concerns since this potion of High Ridge Road is located cna curve and carries a s~gnificant amount cf truck traffic from the industrial area to the no~h. Additional arguments against the change for 89B to mixed use are provided in the City's Comprehensive Plan policies. Policy 1.19.2 of the Land Use Element addresses the provision cf tancs for Industrial development and reads as follows: "The City shall provide continued effo~ to allow for industrial acreage which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element, and prohibit conversion of land designated "Industrial" on the currently adopted Future Land Use Map unless such conversion would generate a range of employment choices for current and future residents, provide goods and services of regional impo~ance, and retain regional fiscal and economic significance." Policy 1.19.4 states '~he city shall continue to encourage and enforce the development of Industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complementaw industries". The 1989 Comprehensive Plan contains policies dealing with the general incompatibilities be~een "Industrial" and "Residential" land uses and recommends physical separation and buffering to ameliorate those effects. The proposed location for the 39 townhome units on Lot 89B is adjacent to prope~ies developed for industrial and office uses. There is no adequate justification provided by the applicant to conve~ lands earmarked for development as an employment center to residential development. If one of the goals of the City is to maintain a jobs/housing balance, as lands designated for employment-based development are reduced, a corresponding need for housing diminishes. Othe~ise, the Ci~ becomes merely a bedroom communi~ for other, more successful, employment centers in the Count. Conclusion As indicated herein, the impacts of the proposed IDRI amendments on the utility systems, roadways and public facilities are either within the existing capacities or aCditional provisions will be required of the developer to ensure that levels of service standards are not compromised. Regarding the conversion of Lot 89B from Office/Industrial to Mixed Use (MU), there has been no justification presented by the applicant that would refute the findings contained herein, nor specifically justify its conflict with the Comprehensive Plan or its disadvantages regarding location. If it is the intent of the applicant to develop all of the allotted 1000 residential units, they can be located on the existing mixed use designated lots. This can be accomplished by using a new urbanism design that integrates the residential units with office or commercial in Quantum Park - DRIA 02-C01,,MPMO 02-002 Memorac, dum No. PZ 02-:88 one building as originally proposed and usec r_,y the apciicant to ]us:;f7 a ;re,,'~cus ~'iOPC application. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the app;icant nas demonstrated by clear and convincing evidence that the proposed change is not a suiostantJal deviation requiring additional development of regional impact review. Regarding the proposed modifications to the Quantum Park Master Plan staff reccmmencs approval of designating Lot 3, Office/industrial (OI) and designating Lot 34-C. Open Space/Detention. Based on the analysis presented above, staff recommends denial of the request to designate Lot 89B "Mixed Use". If the request for Lot 89B is approved staff recommends that Lot 89B, if developed exclusively as residential, at a minimum be buffered from adjacent non-residential uses in accordance with the requirements of the Quantum Park Buffer Plan and the PID buffer requirements in the Land Development regulations. No waivers should be granted from these buffer requirements (see conditions of approval Exhibit "D"). S ,.pI..ANNING\$HARED\WP~PFIOJECT$',QUANTUM I=AFIK 2002 AMEND ~,t3 * MPMCtCRIA 02-O0f',$TAF~ REPORT ~,13DCC EXHIBIT ~O_GAT."- 'ION ~MAP :?' '-'""*'*:'"':':'-~''- ~ITY 3 OF COMM ,N T I...I M PI.C) "MOTOROLA t - 0 1/8 M i~1~ "Ii _, '0 4.00. '800 FEET' ..- .... ~! EXHIBIT "B" EXISTING MASTER PLAN ' PROPOSED MAST R PLAN EXHIBIT "D" Conditions of Approval ProJect name: Quantum Park NOPC Amendment = l 3 File number: MPMD 02-002 Reference: 2"u review plans identified with a September 3. 2002 Planmng and Zoning Department date stamp markmz. DEPARTMENTS [ INCLUDE, R_EJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. With respect to the re-designation of Lots 89B and 3 the Developer shall X provide a Traffic Impact Analysis (TIA) as noted in StafFs reviews of Quantum Villages North and Quantum Villages East (Lot 89B). dated August 5, 2002, (provided under separate cover) which, at a minimum, evaluates the impact of traffic (turning movements) and need for si~alization. Of particular concern is traffic congestion at the proposed intersection of High Ridge Road and the proposed Quantum Villages North and Quantum Villages East (Lot 89B). The TIA must be provided at time of Master Site Plan submittal for Lot 89B and Quantum Village-North. UTILITIES Comments: 2. The applicant (through his design engineenng consultant) needs to X demonstrate that: a.) sufficient utility system capacity, is available to support the proposed modifications to the previously approved land uses to the north of Gateway Boulevard; or b.) that the necessary upgrade(s) to the system(s) will be provided to allow for the proposed use(s) at time of Technical Site Plan Review. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval DEPARTMENTS I'NCLUDE REJECT Comments: None X BUILDING DIVISION Comments: None X , PARKS AND RECREATION Comments: 3. All residential development planned for this area will be subject to the Park X and Recreation Facilities Impact Fee. FORE STER/ENVIRON,-%IENTALIST Comments: None X PLANNING AND ZONING Comments: .1. Under the condition of Amendment #8 to the Quantum Park Development X Order and Chapter 3, Article IV of the Land Development Regulations, a traffic analysis is required for this Master Plan approval. In lieu of an independent traffic consultant, the staff and the Palm Beach County Traffic Di~-ision will review the traffic study. The project must meet the Palm Beach County Traffic Performance Standards. 5. If Lot 89B is developed as residential, it must meet the buffer requirements of the Quantum Park Peripherial Landscape Buffer Plan and the PID buffer X requirements in the Land Development Regulations. No waivers are allowed. ADDITION,'-LL PLA.NNE~G & DEVELOP,~LENT BOARD CONDITIONS Comments: 1. Omit Comment #:5 allowing buffer plan to be reduced and project setbacks as X proposed or adjusted. ADDITIONAL CITY CO~IMISSION CONDITIONS Comments: 1.' To be determined. S:\Pfanning\SHARED\WP\PROdECTS\Quantum Park 2002 Amend #13 + MPMD\CO~,.doc VII.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinlt Dates in to Qity Clerk's Office Meeting Date~ in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [~ October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October t4, 2002 (Noon) [] Scptemberl7,2002 Septembcr 3, 2002 (8:00a.m.) [] November l9, 2002 Novcmber5,2002(Noo~,V~ _ [] Administrative [] Development Plans NATURE OF Consent Agenda [] New Business --: ._ ..'~ AGENDA ITEM [] Public Hearing [] Legal ~ -:5,7-. [] Bids [] Un_finished Business co [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the Request for Proposal for the "Three-Year Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park, RFP #077-2710-02/KR -AND- to approve the terms of the lease agreement. Annual lease payments will be made to the City of Boynton Beach. EFFECTIVE DATE OF LEASE: November 1, 2002 to October 31, 2005 EXPLANATION: In a continuing effort to find ways to improve our programs and services, the Recreation Department requested the initiation of a Request for Proposal in which the amount of lease offered to the City, menu and quality of items offered for sale, qualifications of staffing, references, and proven ability be reviewed. On October 1, 2002, Commission approved the acceptance of the proposal from Partner Plus, Inc., the concessionaire receiving the highest number of points from the appointed Evaluation Committee upon review. The City Commission also approved negotiations for a lease agreement between the City and Partner Plus, Inc. PROGRAM IMPACT: The purpose of the lease agreement is to manage and operate the food and beverage services at Oceanfront Park. The terms of the new lease clearly indicate that Partner Plus, Inc. must provide services pursuant to this agreement, and lists customer service standards that must be adhered to in the performance of the agreement. Wally Majors, Recreation Director, recommends award to Partner Plus, Inc. and approval of the negotiated lease agreement. FISCAL IMPACT: Thi~ lease agreement will increase revenues to the budget from $12,000 per year as outlined below: REVENUE ACCOUNT ANNUAL INCOM~E Snack Bar Rental Lease Agreement 001-0000-362-79-00 $ 20,400.00 Year One $ 21,600.00 Year Two $ 22,800.00 Year Three S:~BULLETIN~ORMS~AGENDA ITEI~ REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Do not approve the agreement, and renegotiate a new lease. veputy Director of Financial Se~?ices / ~ IEity Manager's Signature Procurement Services /// City Att~e~ / Finance / Human Resources Department Name cc: Wally Majors, Recreation Director Jeff Livergood, Public Works Director John Wildner, Parks Director File S:~BULLETINN:ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PROPOSAL OF PARTNER PLUS, INC., FOR THE THREE-YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT PARK, RFP #077-2710-02/KR, AND APPROVING THE TERMS OF THE LEASE AGREEMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October l, 2002, the City Commission approved the acceptance of a proposal fi.om Partner Plus, Inc., for the concessionaire operations at Boynton Beach Municipal Beach, Oceanfront Park, and authorized staff to enter into negotiations for a lease agreement with Partner Plus, Inc.; and WHEREAS, the City Commission deems it to be in the best interests of the :itizens and community to approve the award of proposal to Partner Plus, and enter into a Lease Agreement between the City and Partner Plus, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION IOF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the proposal of Partner Plus, Inc., for the concessionaire operations at Boynton Beach Municipal Beach, Oceanfront Park, and directs and authorizes the Mayor and City Clerk to execute a Lease Agreement, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. S:\CAURESO~Agreements\Bid Awarcls~Proposal Award -Partner Plus.doc PASSED AND ADOPTED THIS ~ day of October, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: City Clerk ~orate Seal) ;:\CA\RESO~Agreements\Bid Awards\Proposal Award -Partner Plus.doc CONCESSION LEASE AGREEMENT OCEANFRONT PARK THIS AGREEMENT, made and entered into this day of 2002, by and between the CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred to as "CITY", and PARTNER PLUS, INC., a corporation organized and existing in the state of Florida, hereinafter referred to as "CONCESSIONAIRE." 1. Contract Objectives The CITY shall grant to the CONCESSIONAIRE, as an independent contractor, the exclusive right and the CONCESSIONAIRE shall accept from the CITY the exclusive right to operate within the designated City facility (hereinafter "Premises"): A. Concessions in order to provide food and beverage services for the daily use of residents and visitors to Boynton Beach Municipal Beach Park, located at 6415 N. Ocean Boulevard, Ocean Ridge, Florida. B. The CONCESSIONAIRE agrees to sell on the concession site food and beverages as allowed by the Town of Ocean Ridge variance granted to the CITY for the exclusive use by residents and visitors to the Boynton Beach Mtmicipal Beach at Oceanfront Park. C. CONCESSIONAIRE shall perform the services identified in Exhibit "A", which is attached hereto and made a pan hereof, including the provision of all labor, materials, equipment, and supplies necessary to perform such services. D. This Agreement is entered into as a result of the solicitation for bids and the response by CONCESSIONAIRE under the "RFP for Three-Year Lease for Concession Operations at the Boynton Beach Oceanfront Park," ~ 077-2710-02/KR., said RFP and response by CONCESSION,MR.E dated August 28, 2002, are specifically made a pan of this Agreement. In the event of a conflict between the documents constituting this Agreement, the following order of precedence shall apply: 1. This Agreement and Exhibits "A" and "B"; 2. Response to RFP#077-2710-02/KR submitted by CONCESSIONAIRE and dated August 28, 2002; followed by 3. RFP#077-2710-02/KR. Beach Concession 2002 1 Rev. 09-25-02 2. Leasehold Premises CITY agrees to lease to CONCESSIONAIRE a portion of the designated CITY facility located at the Boynton Beach Municipal Beach at Oceanfront Park and more particularly described, as "the concession building, located on the central boardwalk within Oceanfront Park, is a wooden structure of approximately 260 square fee ("Premises"). The structure is designated as the "snack bar," and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages for beach patrons. 3. Term of Lease This Lease Agreement shall have a term of three (3) years, beginning on November 1, 2002, unless sooner terminated as otherwise provided in Section 8 of this Agreement. Upon the mutual consent of the CITY and the CONCESSIONAIRE and a determination by CITY of adequate performance, and upon the same terms and conditions, this Agreement may be extended for two additional terms of one year each. Any extension shall be evidenced by an Extension of Agreement, approved by the City Commission of CITY, and executed by the parties. 4. Compensation The CONCESSIONAIRE agrees to pay the CITY the monthly rental fee in accordance with the schedule more particularly set forth in Exhibit "B", attached hereto and made a part hereof for the term of the Agreement. Said payment shall be made in advance and received by the City on or before the 1st day of each and every month. A late fee in an amount equal to 15% of the monthly rate will be charged each month for payments received after the 5th day of each month. Any payment not received by the 25th day of the month shall be subject to an additional 15% late fee and shall be grounds for termination of the Agreement. 5. Insurance A. The CONCESSIONAIRE agrees to indemnify and save harmless the CITY from all suits, claims, damages, and actions of any kind or nature of injury arising out of the acts, omissions and negligence CONCESSIONAIRE, its agents, servants, employees, contractors and suppliers, arising out of its operation under this Lease Agreement. Beach Concession 2002 2 Rev. 09-25-02 B. The CONCESSIONAIRE shall secure and maintain for the duration of this Lease the following insurance coverages: 1. Comprehensive general liability in the minimum amount of One Million (5;1,000,000) Dollars per occurrence and One Million ($1,000,000) Dollars aggregate for personal injury; and One Million ($1,000,000) Dollars per occurrence/aggregate for property damage. The liability policy shall specifically name the City as additional insured. 2. Property damage to the full insurable value of all property involved in the Lease Agreement. 3. Workers Compensation Insurance in full compliance with the State of Florida Workers Compensation Law. 4. Fire, Theft, Vandalism and Extended Coverage in a sufficient amount to insure CONCESSIONAIRE for such loss to its own equipment and that of its suppliers which CONCESSIONAIRE shall elect to place or install on the Premises. Such a policy shall contain standard waiver of subrogation clause and a certificate of such endorsement shall be furnished to the CITY. C. All policies of insurance shall be issued by insurance companies licensed to do business in the State of Florida and having a current rating by A.M. Best Co. of "B+" or better. All policies shall contain an endorsement providing the Risk Manager of the CITY at least thirty (30) days prior written notice in advance of any material alteration of cancellation of said policies. Certificates of Insurance shall be provided to the Risk Manager of CITY prior to the commencement of the term of this Lease Agreement. 6. General Conditions A. CONCESSIONAIRE shall pay CITY a security deposit in the amount of One Thousand and 00/100 ($1,000.00) Dollars prior to the effective date of this Lease agreement, which will be returned to CONCESSIONAIRE at the end of the Lease term, without interest, upon a determination by the CITY Parks and Recreation Director that CONCESSIONAIRE fulfilled all terms of the Lease and left the Premises in the same condition as the Premises were in at the beginning of the Lease term, normal wear and tear excepted. Beach Concession 2002 3 Rev. 09-254)2 B. The CONCESSIONAIRE shall be open for operation seven (7) days per week under the following schedule: 10:00 A.M. to 5:00 P.M. with the option to expand hours to include 9:00 A.M. to 6:00 P.M. This schedule shall be strictly adhered to by CONCESSIONAIRE, unless permission to close early is granted by the chief City official on duty at the beach during the time in question. Expanded hours are at the discretion of the CONCESSIONAIRE. Total available hours are subject to the rules and regulations of the Town of Ocean Ridge. Exact times of opening and closing may have seasonal variations if approved by the City Manager. Hours of operation shall be consistent and strictly adhered to by CONCESSIONAIRE. C. The CONCESSIONAIRE shall be responsible for prompt and full payment of all utility bills related to the CONCESSIONAIRE operation. These utilities include, but not limited to electric service, water and sewer service, sanitation and gas. D. Assignment. The CONCESSIONAIRE shall not assign or transfer its rights and privileges granted under this lease agreement, either in whole or in pan, without first obtaining the written consent of the City Manager. E. Destruction of Premises. In the event that the concession site is destroyed or damage by fire or other casualty so as to render untenable, the Lease Agreement shall be suspended until such time as the premises are rendered again tenable. If the CITY elects not to render the premises tenable again, it shall notify the CONCESSIONAIRE and, upon furnishing such notice, this Lease Agreement shall be terminated. F. Compliance with Laws. CONCESSIONAIRE shall, in the performance of the services contemplated in this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, rules, and regulations in any way applicable to the services to be rendered under this Agreement. G. Temporary Improvements to Facility. The CONCESSIONAIRE shall have the right to improve the facilities subject to the approval of the City Manager. The CONCESSIONAIRE, at his or her own expense, may install a security alarm system upon approval from the CITY. All such improvements shall meet all applicable codes and shall be of a temporary Beach Concession 2002 4 Rev. 09-25-02 natUre, and shall be paid for, erected and removed by the CONCESSIONAIRE at the termination of this Lease Agreement. H. Exclusivity. The CITY shall not operate any additional competing concessions at the Boynton Beach Mumcipal Beach Park or at any additional adjacent property acquired by the CITY without the Concessionaire's approval and without the CONCESSIONArRE having the first option as to additional operations. The CITY reserves the right as themselves or any organization granted powers as their agent to sell food and beverages for special community event programs of short duration (one to three days each) as scheduled by the CITY. I. Waiver of Damages. The CONCESSIONAIRE hereby expressly waives any and all claims for compensation for any and all damage sustained by reason of any defect, deficiency, or impairment of the water supply system, drainage or heating systems, steam pipes, electrical wires leading to the concession areas, or by reason of any loss resulting fi.om failure of any water supply, heat or current which may occur from time to time fi.om any cause, or for any loss resulting fi.om water; for any loss, damage or claim resulting fi.om the cancellation, interruption or termination by the CITY for any reason of any event scheduled for public or private attendance at the concession site; and the CONCESSIONAIRE hereby expressly releases and discharges the CITY and its agents fi.om any and all demands, claims, action and cause of actions arising from any of the causes aforesaid, including negligence. The CONCESSIONAIRE shall and hereby does release the CITY from all liability for the loss or damage of merchandise, goods, equipment or any other property of whatsoever kind of the CONCESSIONAIRE or any of his/her suppliers caused by fire, theft, water, storm, windstorm, vandalism, or any other causes whatsoever, including negligence. J. Delivery of Supplies. The CONCESSIONAIRE shall arrange for the delivery of supplies used by it at the concession site/Premises at times and in a manner so that such deliveries do not create congestion or undue interference with the regular operation and maintenance of the site. K. Advertising Materials. Signs, advertising materials, posters and other such material used by the CONCESSIONAIRE, shall be subject to the approval of the City Manager. Beach Concession 2002 5 Rev. 09-25-02 L. The CONCESSIONAIRE shall make every effort to assist the CITY in keeping the area free from debris and litter, and shall be responsible for keeping the Premises clean and free from debris and litter. M. Food and beverages sold by the CONCESSIONAIRE are restricted to the products below by the Town of Ocean Ridge: Hot dogs (not fried) Condiments for above Prepackaged sandwiches Prepackaged potato chips, peanuts, etc. Candy Hamburgers (not fried) Condiments for above Prepackaged bakery goods Ice cream, ice cream bars and other diary products Soft drinks, coffee and tea N. Anti-discrimination Clause. The CONCESSIONAIRE shall not discriminate against any employee or applicant for employment in the performance of this Lease Agreement, with respect to hire, tenure, term, condition or privileges of employment because of race, color, religion, national origin, ancestry, marital status, sexual orientation, age or disability. O. Modification and Amendments. No modifications or amendments to this Lease Agreement shall be valid unless reduced to writing and signed by both parties. P. Integration of All Agreements and Understandings. This Lease Agreement contains the entire agreement between the CITY and CONCESSIONAIRE. All prior agreements and understandings whether written or oral are fully abrogated and of no further force and effect from and after the date of this Lease Agreement. Q. Governing Law. This Lease Agreement under terms, conditions and covenants contained in is shall be governed and construed in accordance with the laws of the State of Florida. Beach Concession 2002 6 Rev. 09-25-02 R. Litigation. In connection with any litigation arising out of this Lease Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees. S. Independent Contractor. The CONCESSIONAIRE and the CITY agree that the CONCESSIONAIRE is an independent contractor with respect to the services provided under this Agreement. Nothing herein shall be considered or interpreted to create and employer-employee relationship between the parties to this Lease Agreement. Neither CONCESSIONAIRE nor any employee of CONCESSIONAIRE shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONCESSIONAIRE, or any employee of CONCESSIONAIRE. 7. Financial Operations A. The CONCESSIONAIRE shall pay promptly all taxes, excise or licensee fees of whatever nature, applicable to this operation, and take out and keep current all licenses, municipal, state or federal, required for the conduct of business, and further, shall not permit any of said taxes, excise or license fees to become delinquent. The CONCESSIONAIRE shall not permit any mechanics or materialmens or other lien to be imposed upon the lease property for any work or labor performed. B. The CONCESSIONAIRE shall make available, upon request, duplicate receipts or other satisfactory evidence showing the prompt payment of the social security, unemployment compensation and all taxes and fees above referred to, and showing that the said workers compensation insurance and all required licenses are in good standing. The CONCESSIONAIRE shall pay promptly when due all bills, debts and obligations incurred in connection with the operation of the concession and shall not permit same to become delinquent and suffer no lien, mortgage, judgment, execution or adjudication in bankruptcy which will in any way impair the fights of the CITY under this Agreement. C. Accounting to the CITY. The CONCESSIONAIRE shall keep a true and accurate account of all monies received through the operation of the concession herein granted and shall, on itemized statement showing all Beach Concession 2002 7 Rev. 09-25-02 monies received during the calendar month immediately preceding. Monthly reports for the preceding month shall be due on the first day of each month. CONCESSIONAIRE shall keep accurate records of all sales and receipts through the use of electronic cash registers that have the ability of providing daily tapes and reports. D. Audit. The CONCESSIONAIRE shall keep true and complete records and accounts of all gross receipts and business transacted, including daily bank deposits, and semi-annually furnish a true and accurate statement for the preceding six months of all such receipts and business transacted during such preceding six months (showing the authorized deductions or exclusions in computing the amount of such gross receipts and business transactions), which statement shall be certified by an authorized representative of the CONCESSIONAIRE to be accurate. The CONCESSIONAIRE agrees to establish and maintain a system of bookkeeping and fiscal year accounting satisfactory to the CITY'S auditor and to give the CITY access during reasonable hours to such books and records. The CONCESSIONAIRE agrees that it will keep and preserve for at least three (3) years all sales slips, and other evidence of gross receipts and business transacted, and the CONCESSIONAIRE on request by either, shall make all such matters available for inspection by CITY at any reasonable time. If the CITY shall make or have such an audit made for any year and the gross receipts and business transacted shown by the CONCESSIONAIRE'S statement for such year should be found to be understated by one percent (1%), the CONCESSIONAIRE shall reimburse the CITY the cost of such audit. The CITY'S right to audit shall expire three (3) years after the CONCESSIONAIRE'S statement has been delivered to and accepted by the CITY. 8. Termination A. This Lease Agreement may be terminated by either party for convenience or cause upon thirty (30) days notice of such intent to terminate to the other party. Should the Lease Agreement be terminated for cause, the reason(s) for the lease termination shall be included in the notice. Any termination for convenience by CITY shall be without liability to CITY. B. This Lease Agreement may, at the option of the CITY, be terminated immediately if the CONCESSIONAIRE shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross impropriety. C. A termination of the Lease Agreement for reasons other than expiration of the term or convenience, shall be effected as follows: Beach Concession 2002 8 Rev. 09-25-02 1. If conditions are present which are considered by either party to be cause for termination, written notice shall be provided to the party, and sufficient period of time shall be given by the CITY to correct the conditions. 2. If the conditions are not corrected within a reasonable time then this lease agreement may be terminated for such conditions by giving thirty (30) days written notice. 3. In the event the CONCESSIONAIRE fails to pay the CITY charges or fees strictly n accordance with the terms of this Lease Agreement, the CITY may cancel and terminate this Lease Agreement at any time upon five (5) days written notice to the CONCESSIONAIRE. 4. If this Lease Agreement is canceled or terminated by the CITY, or if the CITY shall discontinue its operations, the CONCESSIONAIRE shall pay to the CITY all sums then due fi.om the CONCESSIONAIR.E to the CITY. D. The acceptance of monies due the CITY for any period or periods after a default of any of the terms, covenants or conditions of this Lease Agreement shall not deemed a waiver on the part of the CITY of any part of this Agreement. E. No waiver or default by the CITY of any of the terms, covenants or conditions hereof to be performed, kept and observed by the CONCESSIONAIRE, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by the CONCESSIONAIRE. F. Delivery After Termination. The CONCESSIONAIRE will deliver the Premises and any permanent improvements and attached accessories to the CITY at the termination of this Lease Agreement in same condition and state of repair as when received, except for ordinary wear and tear or loss or damage caused by an act of God. G. Removal on Termination. On the date of termination hereof, or in case of the relationship created by the Lease Agreement prior thereto, on written notice, the CONCESSIONAIRE shall have the right to remove fi.om said Premises all personal property, fixtures and equipment not a part of the real estate, installed by it and title to which it retains subject, however, to any valid lien or claim which the CITY may have for unpaid fees, Beach Concession 2002 9 Rev. 09-25-02 provided also, that if said removal causes any damage to the Premises, the CONCESSIONAIRE shall repair the same in a proper and satisfactory manner at its own expense. The provision of this paragraph shall not apply to the personal property to which the CITY has a right to use and purchase pursuant to this Lease Agreement. 9. Notice Wherever either party desires to give notice unto the other, it shall be given by written notice, sent certified U.S. Mail, return receipt requested, addressed to the party to whom it is intended, at the places last specified, and the places for giving notice shall remain such until they are changed by written notice in compliance with this subsection. For the present, the parties designate the following as the respective places for giving notice, to wit: FOR CITY: City Manager City Hall 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 With copy to: Recreation Director City Hall 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 FOR CONCESSIONAIRE: PARTNER PLUS, INC. Attn: Lyse B. Stecko 6115 North Ocean Boulevard Ocean Ridge, Florida 33435 10. Customer Service Standards As it is extremely important to the CITY that CONCESSIONAIRE and its employees provide concession services pursuant to this Agreement for the benefit of CITY residents and visitors to Boynton Beach Municipal Beach Park, CONCESSIONAIRE understands and agrees that the following customer service standards will be adhered to in the performance of this Agreement, and that the Beach Concession 2002 10 Rev. 09-25-02 breach of any of these standards by CONCESSIONAIRE shall constitute a material default under this Agreement: A. CONCESSIONAI1KE shall provide customers with a consistent dining experience featuring food and beverage items that are prepared and served in a manner that conforms in all respects to all pertinent federal, state, and municipal standards, laws, ordinances and regulations. B. Customers shall be greeted courteously and thanked for each sale. C. CONCESSIONAIRE shall greet each customer by name whenever possible. D. CONCESSIONAIRE shall acknowledge a customer waiting for assistance within thirty (30) seconds of a customer visit to the Premises by looking up, greeting them, and letting them. know that customer will be assisted as soon as possible. E. CONCESSIONAIRE shall be enthusiastic. F. CONCESSIONAIRE shall be patient and polite when dealing with customers regardless of the circumstances. G. CONCESSIONAIRE shall show interest to customer needs by listening attentively. H. CONCESSIONAIRE shall address all customers in a clear and friendly tone. I. CONCESSIONAIRE shall ensure the food preparation and serving area is clean and inviting to and for customers. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Beach Concession 2002 l 1 Rev. 09-25-.02 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 2002. THE CONCESSIONAIRE WITNESSES: ATTEST: Secretary STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2002, by and , as and , respectively, of PARTNER PLUS, INC., by and behalf of the corporation, and who are personally known to me or produced as identification and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2002. My Commission Expires: Notary Public Print Name Beach Concession 2002 12 Rev. 09-25-02 CITY OF BOYNTON BEACH, FLORIDA By: Mayor Approved as to form: By: City Attorney ATTEST City Clerk H:/1990/900182.bb/agmts/concession agmt - beach 2002.doc Beach Concession 2002 13 Rev. 09-25-02 EXHIBIT "A" Scope of Services 1. Concessionaire shall submit a sample written menu with proposal to include the brand name of the product being offered and a detailed description of the item. 2. Concessionaire shall provide all working capital, operating equipment, and inventory necessary to effectively manage the concession. 3. Concessionaire may offer non-consumables for sale. Non-consumables may include, but are not limited to sunscreen, tanning lotions, and beach toys; however, the City of Boynton reserves the right to have the final approval of such items. No alcohol or tobacco products shall be offered for sale. 4. City may request Concessionaire to offer the sale of t-shirts, beach towels, and boxer shorts fashioned with the City logo. These items will be inventoried by the City and all proceeds from their sale shall be paid to the City in addition to the monthly lease payment. 5. City shall not be responsible for any goods or equipment stored at the concession nor will City be responsible for damage resulting from a power failure, flood, fire, theft, vandalism, explosion and/or other causes. 6. The City reserves the right to inspect premises at any time. Food Products 1. All foods, drinks, beverages, confectionery, refreshments, and the like sold or kept for sale, shall be of FIRST QUALITY and conform in all respects to the federal, state, and municipal food and other laws, ordinances, and regulations. 2. No imitation, adulterated, or misbranded article shall be sold or kept for sale, and all products kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable products shall not be sold at any time. 3. Concessionaire shall utilize Branded Products (i.e. Bamey's Coffee, Coca-Cola). 4. The Concessionaire shall be responsible for the purchase, inventory and security of all food products offered for sale in the concession. 5. City shall reserve the right to "taste test" all menu items to ensure quality. Beach Concession 2002 14 Rev. 09-25-02 6. City shall have the final approval on what menu items are used. Approval will not be unreasonably withheld. Equipment 1. The Concessionaire shall use all its own concession equipment that is approved by the appropriate governing agency. Equipment may include, but is not limited to refrigeration, microwave oven, and toaster oven. 2. All concession sales shall be sold with disposable plates, cups and cutlery. Signage/Advertisinl~ 1. Signs, advertising materials, posters, and other such material used by the Concessionaire shall be subject to the approval of the City Manager. Concession Personnel 1. The Concessionaire shall provide, supervise, and compensate all concession employees, who shall be employees of the Concessionaire, not the City. The Concessionaire shall at all times be an independent contractor and the agreement shall not in any way create or form a parmership or joint venture with the City. No agent, servant, or employee of the Concessionaire shall under any circumstances be deemed an agent, servant, or employee of the City. 2. The City will expect the assistance of Concessionaire staff for the periodic receipt and registering of admissions. 3. Concessionaire must conduct regularly scheduled training sessions throughout the year, as approved by the City, for all personnel and employees of CONCESSIONAIRE working on the Premises. At a minimum, the training shall consist of Customer Service skills training. 4. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited inside the concession buildings. 5. Concessionaire's staff and employees shall be at all times neatly and cleanly dressed. 6. Concessionaire shall employ only competent personnel to perform concession services. In the event that City, in its sole discretion, at any time during the term of this lease agreement, desires the removal of any person or persons employed by Concessionaire to perform concession services pursuant to this Lease Agreement, Concessionaire shall remove any such person immediately upon receiving notice from the City of the desire of the City for the removal of such person or persons. Beach Concession 2002 15 Rev. 09-25-02 7. Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS's) for all of the products used in the performance of the contract on the premises. The MSDS's shall be accessible to the Concessionaire's employees and to City employees for the purpose of reference with regard to toxic and hazardous properties, precautions to take and what to do in case of an emergency. Sanitation 1. Concessionaire shall be responsible for bringing their trash and garbage to the designated dumpster or recycling areas. 2. The Concessionaire shall make every effort of assist the City in keeping the area free from debris and litter. 3. Concessionaire is responsible for complying with all recycling rules, regulations, and laws of the City and/or appropriate governmental bodies. Beach Concession 2002 16 Rev. 09-25-02 R~ PROPOSA~ TO THE CITY OF BOY2TFON BEACH, FLOlZmA ~N:m~Ir,.yEAR r.~A...qE MR CONt?lr-q~ON OPERAT~DNB AT BOY'N'I~N BEACI:[ MUNICIPAL BEACl~ OCRANIrRONT PARK'* MON'FI:rr.y r.r.A.qr~ PAYMKI~ TO CITY Olr BOY1TFON BEACH OCF, ANFRDNT PARK CONCESSION OPERATIONS P&YMI'NT ' KXTKNDI~ PRICE PER IdONTH PER YEAR YEAR OM~ (I) oF lEASE YF~q TWO (2) Olr LEASE S YEAR'FHR~ O) Olr LEA~ S St,~0.oo · .. S ~,~,L YEAR ~O. Oh'E (1) (irappilmble) S $1,f~,m, pSmemeotblaS(aqoebbb) S m~IKWAL YEAR NO. TWO (2) ~apptbba) S S AT.T. lqLT~ ir.O:_R~ BOYNTON BEA~ RECREATION DEPARTMENT MEMORANDUM NO. 02-52 TO: Bill Atkins, Deputy Director of Financial Services FROM: Wally Majors, Recreation Director fL/~i..?_.~___.) DATE: September 27, 2002 SUBJECT: Recommendation to Award RFP and approve terms of lease agreement After careful review, we recommend awarding the Request for Proposal for the concession operation at Oceanfront Park, and approval of the of the lease agreement to/with Parmer Plus, Inc.. c. Wilfred Hawkins /WlTl RECREATION DEPARTMENT MEMORANDUM NO. 02-51 TO: Bill Atkins, Deputy Director of Financial Services FROM: Wally Majors, Recreation Director DATE: September 23, 2002 SUBJECT: Recommendation for Beach Concessions Operation The following panel reviewed the three proposals we received for the beach concession operation: · Wally Majors Recreation Director · John Wildner Parks Director · Jeff Livergood Public Works Director · Margaret Murphy Recreation & Park Advisory Board · Betty Thomas Recreation & Park Advisory Board Partner Plus, Inc. received the highest score from the panel for their proposal. We recommend accepting their proposal and begin negotiating terms for a new Lease Agreement. c. Wilfred Hawkins /wm VII.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORivl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) ~ October 15, 2002 September 30. 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF ~ Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the ``CO-OP EIGHTEEN MONTH GASOLINE AND DIESEL FUEL" bid to various vendors as indicated on the attached table with an annual expenditure of: $560~500.00. BID g005-1411-03/CJD EXPLANATION: This is an eighteen (18) month Co-op Bid with Palm Beach County as the lead agency. It is recommended to award the bid to various vendors based on the lowest, most responsible, responsive bidders who meet all specifications. The attached table shows the Primary Vendor and the Secondary Vendor if the primary vendor refuses to perform. The numbers indicate their proposed price based on the mark up (+) or discount (-) each awardee offered from the Weekly OPIS Price sheet (attached). The provisions of this bid award will allow for an eighteen (18) month extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. CONTRACT PERIOD: OCTOBER 1, 2002 TO MARCH 31, 2004 PROGRAM IMPACT: The purpose of this bid is to secure vendors for Gasoline and Diesel Fuel for the Golf Course, Public Works, and the Utility Department. The fuel is ordered on "As Needed" basis. Government entities that participate in this bid are: Palm Beach County, City of Boca Raton, Boynton Beach, City of Deiray Beach, Wellington, City of West Palm Beach, Manalapan, City of Lake Worth, Town of Lantana, City of Greenacres, Loxahatchee, Mangonia Park, Ocean Ridge, Seacoast Utility Authority, Town of Jupiter, Juno, Town of Lake Park, Palm Beach Gardens, Singer Island, Village of North Palm Beach, City of Riviera Beach, Belle Glade, and Pahokee geographical area. SSBULLETINSFORMS~GENDA ITEM' REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: ACCOUNT#: BUDGETED AMOUNT: 501-2516-519-52-10 $539,000.00 Fleet Maintenance 401-2811-536-43-40 $10,000.00 Utilities 401-2816-536-44-30 $ 3,500.00 Utilities 411-2911-572-52-11 $ 3,000.00 Golf Course 411-2011-572-52-11 $ 5,000.00 Golf Course $560,500.00 ~ D~PUt~ DireCtor of l~n~l~c~a~ Service~' ' City Manager's Signature Procurement Services <t~...~_ ~/~..~.-- Department Name City Attorney/~Fin3n~e~/Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC C: Barb Conboy - Manager or' Utilities Chris Roberts - Deputy Director of Public Works Carol Kirk - Gol£Course Administration File : ANY QL/ES'I'"ZONS C.ALL: PETER PATANE (56"1-) 616-6817 PALM BEAC.H COUNTY PURC, HASI. NG B1'~5-141 ! -03/C.,,TD JOINT CO-OP GASOLINE AND DIESEL FUEL BID #02-145/PP LEAD AGENCY PALM BEACH COUNTY p = p~Y ~Eh'DOR S -- SECOI~IDARY I/EIIDOR DESCRIPTION TRANSPORT (8,500 sals) TANKWAGON (4,000 sais) #2 D1ESEL ULTRA-LOW P = PETROLEUM TRADERS P = BV OIL COMPANY SULPHUR WITH BIOCIDE .0171 .0571 S = BV OIL COMPANY - S = F.H. FOSTER OIL CORP. .0171 .0700 #2 DIESEL ULTRA-LOW P = PETROLEUM TRADERS P = MCMILLAN OIL SULPHUR WITHOUT .0099 COMPANY OF FLORIDA BIOCIDE S = BV OIL COMPANY .0479 .0169 S = F.H. FOSTER OIL CORP .0550 GASOLINE, SUPREME P = PETROLEUM TRADERS P = MCMILLAN OIL UNLEADED -.0164 COMPANY OF FLORIDA S = PORT CONSOLIDATED .0479 .0284 S = F.H. FOSTER OIL CORP .05~0 GASOLFNE REGULAR P - PETROLEUM TRADERS P = MCMILLAN OIL UNLEADED .0048 COMPANY OF FLORIDA S = PORT CONSOLIDATED .0479 .0284 S = F.H. FOSTER OIL CORP .0550 GASOLINE, UNLEADED P ~ PETROLEUM TRADERS P = MCMILLAN OIL PLUS -.0029 COMPANY OF FLORIDA S = PORT CONSOLIDATED .0479 .0284 S - F.H. FOSTER OIL CORP .0550 NAME OF COMPANY: ADDRESS: TELEPHONE NUMBER BV OIL COMPANY 7950 N.W. 58TM STREET 1-800-586-2862 MIAMI, FL 33166 Atto: John Wright MCMILLAN OIL COMPANY OF FLORIDA 2955 EAST 11TM AVENUE (305) 691-7814 HIALEAH, FL 33013 Atto: Amancio Alonso PETROLEUM TRADERS CORP. 7110 POINTE INVERNESS WAY 1-800-348-3705 FT. WAYNE, INDIANA 46804 At'm: Michael Himes F. H. FOSTER OIL CORP. 319 INDUSTRIAL AVENUE 732-2433 P.O. BOX 368 BOYNTON BEACH, FL 33425-0368 Atto: Lyrme Foster PORT CONSOLIDATED P.O. BOX 21092 1-800-683-5823 FT. LAUDER.DALE, FL 33335 Atto: Michael Simmons SPLIT LOAD CHARGES ARE AS FOLLOWS: BV OIL COMPANY $30.00 MCMILLAN OIL COMPANY OF FLORIDA $50.00 PETROLEUM TRADERS $30.00 _,...-_.,.,~.,,~.., .....¢,.,,, BID RE-CAP SHEET Form BID #: 02-1451PP I TITLE: GASOLINE & DIESEL FUEL CO-OP TERM CONTRACT SUPERSEDES BID #: 99161/PP t BUYER: PETER PATANE, C.P.P.B. ACTION DATE I NI'I'.I ,ALS ACTION DATE INITIALS IFB APPROVED 07/15/2002 ,~, M/WBE EVAL. RETURNED 8/2212002 ,, , GOAL SE~-rING MEETING 06112/2002 ~" , DEPT. EVAL. RETURNED 8/2312002 NEWSPAPER ADVERTISING 07/14/2002 POSTING APPROVED ~ 0 ~ o SITE INSPECTION N/A ~ COPY TO ADMIN. SECR. q~ ~j~ ~,,_~ PRE-BID CONFERENCE N/A DATEFrlME BID POSTED ~\ ,~\ ~. BID OPENING 08/21/2002 ~, ~ . ~,..---,, " RECAP TO M/WEE .~t ,v~ ;F TERM CONTRACT GENERATED: TERM: 10/01/2002 TO: 3/31/2004 . EST. EXPENDITURE: $ 8,720,000.00 AREA itt. KEY AREA ~2 KEY AREA #3 KEY AREA ~, KEY AREA #$ KEY ITEM ~1 - #2 ITEM #6 - #2 ITEM #11 - #2 ITEM #16 - ~Z ITEM #21 - DIESEL WITH DIESEL wrrH DIESEL WITH DIESEL WITH DIESEL WITH BIOClDE: BIOCIDE: BIOCIDE: BIOCIDE: BIOCIDE: ~ TI~auNSPORT TRANSPORT TRANSPORT TRANSPORT i~=I~OI..aUI~. BY OIL: BV OIL: PETROLEUM PETROLEUM ~ + .0191 1P + .0221 1P TRADERS: TRADERS: + .~l?l 1P +. 0259 1P * .0279 1P E [ PETROLEUM PETROLEUM BV OIL: BV OIL: +., . I TRADERS: TRADERS: + .0325 lS + .0326 15 + .0199 1S + .0229 1S PORT CONSOLIDATED: PORT PORT PORT PORT + .0284 CONSOliDATED: CONSOUDATED: CONSOUDATED: CONSOUDATED: 4 + .0285 4 + .0285 4 + .0335 4 + .033S 4 MACMILLAN OIL: + .0350 MACMILLAN OIL: MACMILI_a~ OIL: MACMILI.AN OIL: MACMILLAN OIL: 4 + .0350 4 * .0395 4 + .0350 4 .0595 ( 3 ) SUGAR SUPPLY: + .0500 SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: 4 + .0550 4 + .0600 4 + .0650 4 + .0650 4 ITEM~tl -#2 ITEM#~- ~ ITEM~t11 - #2 ITEM~PI6- #2 ITEM~,I - DIESEL WITH DIESEL WITH O!ESEL ~ OIESEL wn~ DIESEL BIOClDE: BIOCIDE: BIOClDE; BIOCIDE: BIOCIDE: T~K¥~:~ TANKWAGON TANK~NAGON TANKVVAGON TANKWAGON MACMILI,auN OIL: MACMILLAN OIL: MACMILLAN OIL: MACMILLAH OIL: BV OIL: + .0525 ( 3 ) + .0525 1P + .0525 ( 3 ) + .0675 1P + .0821 1 P laY ~ BV OIL: BV OIL: BV OIL: PORT + .{~J~l 1P + .0571 1S + .0571 1P + .0781 1S CONSOLIDATED: + .0835 1S F.N. ~ ~' PORT PORT PORT MACMILLAN OIL: .k.01~ - lS CONSOLIDATED: CONSOLIDATED: CONSOLIDATED: .1050 ( 3 ) + .0785 4 + .078S tS + .0835 4 ..... ~ . ~--:"::i. '~ poc~'~' C ~LIDATED: +. * 4 ' t '~,REA #1 KEY AREA #2 KEY AREA #3 KEY AREA ~!4 KEY AREA #S KEY r ITEM #2 - #2 ITEM #7 - #2 ITEM #12 - #2 ITEM #17 - #2 ITEM #22 - #2 DIESEL WlO DIESEL WlO DIESEL WlO DIESEL WlO DIESEL WlO BIOCIDE: BIOCIDE: BIOCIDE: BIOCIDE: BIOCIDE: '~l~". TRANSPORT TRANSPORT TRANSPORT TRANSPORT II~rFl~31,.~,~l PETROLEUM PETROLEUM PETROLEUM PETROLEUM ~ERS: TRADERS: TRADERS: 1P TRADERS: TRADERS: * .0099 1P + .0161 1P .,,..0179 .*,..0189 1P .,'..0229 1P BV OIL: BV OIL: BV OIL: 1S PORT BV OIL: + .0'!~1 lS .,,- .0191 lS ,,..0191 CONSOLIDATED: + .0321 lS + 0335 lS PORT PORT PORT MACMILLAN OIL: PORT CONSOMDATED: CON,SOL/DATED: CONSOLIDATED: 4. +' .0350 4 CONSOL/DATED: + .0284 4 + .0285 4 * 0285 + .0335 .4 MACMILLAN OIL: MACMILLAN OIL: MACMILLAN OIL: 4 SV OIL: SUGAR SUPPLY: + .0350 4 + .0350 ,4 + 0395 + .0380 4 + .0570 ..t SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: 4 SUGAR SUPPLY: MACMILLAN OIL: + .0420 4 * .0470 ,4 + .0520 '+ .0570 ,t .0595 ( ,3 ) ITEM #2 - #2 ITEM #7 o #2 ITEM #12 - #2 ITEM fi17 - #2 ITEM #22 - #2 DIESEL WlO DIESEL WlO DIESEL WlO DIESEL WIO DIESEL WlO BIOClDE: EIOClDE: BIOCIDE: BIOCIDE: BIOClDE: ~ TANKW'AGON TANK'WAGON TANI,'GNAGON TANKWAGON ~ ~ MACMILLAN OIL: MACMILLAN OIL.: MACMILLAN OIL: BV OIL: + ~ 1P + .0479 1P + .0479 1P + .0625 1P ',' .0801 1P BV OIL: BV OIL: BV OIL: BV OIL: PORT + .0541 4 + .0541 1S + .0541 lS + .072~ lS CONSOUDATED: + .0835 1S  PORT PORT PORT 1S CONSOLIDATED: CONSOLIDATED: CONSOLIDATED: MACMILLAN OIL: + .0785 4 + .078S 4 + .0835 4 .1050 ( 3 ) PORT CONSOUOATED: + .0784 4 AREA M ':-: ;.- KEY AREA #2 KEY' AREA #3 KEY AREA ]~ KEY AREA #5 KEY ITEM #3 - GAS, iTEM ~ - GAS, ITEM #13 - GAS, ITEM #I 8 - GAS, ITEM #23 - GAS, SUPREME SUPREME SUPREME SUPREME SUPREME UNLEADED: UNLEADED: UNLEADED: UNLEADED: UNLEADED: ~ TRANSPORT TRANSPORT TRANSPORT TRANSPORT PETIM~.~UM PETROLEUM PETROLEUM PETROLEUM PETROLEUM ~~ TRADERS: TRADERS: TRADERS: TRADERS: ( - .~114~ 1P (..01~4 ) 1P ( - .0114 ) 1P (..0064 ) 1P ( - .0044 ) 1P I~)I~T ' PORT PORT MACMILLAN OIL; 8V OIL: COIIIIOUO&I~: CONSOUDATED: CONSOLIDATED: + .0190 1S + .0321 1S +.l)~14,~ .' 1S + .0285 lS * .0285 1S PORT PORT MACMILLAN OIL: MACMILLAN OIL: BY OIL: CONSOLIDATED: 4 CONSOLIDATED: + .0350 4 + .0350 4 + .0380 4 + .0335 + .0335 ,4 BV OIL: BV OIL: MACMILLAN OIL: BV OIL: SUGAR SUPPLY: + .0380 4 + .0380 4 + .0395 4 + .0380 4 + .0570 ,4 '~R SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: MACMILLAN OIL-' )0 4 *' .0470 4 + .0520 4 + .0570 4 .0595 ( 3 ) A~EA ~1 KEY A/~EA ;r2 KEY I AREA ;~3 .KEY AREA ~t4 KEy AREA ~$ KEY . I~EM #3 - GAS, ITEM #8 - GAS, ITEM ;;13 - GAS, ITEM ~8 - GAS, ITEM #23 - GAS, SUPREME SUPREME SUPREME SUPREME SUPREME UNLEADED: UNLEADED: UNLEADED: UNLEADED: UNLEADED: ~ ._,JILJ,~N ~ MACMILLAN OIL: BV OIL: MACMILLAN OIL: BV OIL: · .g4~ 1P + .0479 1P + .0571 1P + .0495 1P + .0801 1P F.H. FO~TER: BV OIL: MACMILLAN OIL: BV OIL: PORT · .0550 1S + .0601 15 + .0625 IS + .0721 15 CONSOLIDATED: + .08;35 1 8V OIL: PORT PORT PORT MACMILLAN OIL: + .0601 4 CONSOLIDATED: CONSOLIDATED: CONSOLIDATED: .1050 ( 3 ) + .0785 4 + .0785 4 · .0835 4 PORT CONSOLIDATED: + .07~ 4 ITEM #4 - GAS, ITEM ;~J - GAS, ITEM ~4 - GAS, ITEM ~9 - ITEM #24 - GAS, REGULAR REGULAR REGULAR GAS, REGULAR REGULAR UNLEADED: UNLEADED: UNLEADED: UNLEADED: UNLEAOED: ~ TRANSPORT TRANSPORT TRANSPORT TRANSPORT  PETROLEUM PETROLEUM PE'I'ROLEUM PETROLEUM TRADERS: TRADERS: TRADERS: TRADERS: · ~ IP + .0098 1P + .0119 1P * .0148 1P + .015g 1P  MACMILLAN OIL: PORT MACMILLAN OIL: BY OIL: : + .0195 1S CONSOLIDATED: · ~ ~ 15 +.0285 15 MA~'MILLAN OIL: PORT 8V OIL: PORT PORT + 1 4 CONSOLIDATED: + .0380 4 CONSOl]DATED: CON$OUOATED: · .028S 4 + .0335 4 · .0335 4 BV OIL: BV OIL: MACMILLAN OIL: BV OIL: SUGAR SUPPLY: · .0380 4 · .0380 4 + .0395 4 · .0380 4 + .0570 4 SUGAR SUPPLY: SUGAR SUPPI.Y: SUGAR SUPPLY: SUGAR SUPPLY: MACMILLAN OIL: + .O400 4 + .0470 4 + .0520 4 + .0570 4 .0595 ( 3 ) ITEM ~t4 -GAS, ITEM f~J . GAS, ITEM ~14 - GAS, ITEM #19 - GAS, ITEM #24 - GAS, REGULAR REGULAR REGULAR REGULAR REGULAR UNLEADED: UNLEADED: UNLEADED: UNLEADED: UNLEADED: !T~., TANKWA;ON ?ARKWA;ON T~NKWA~ON TARKWA~ON, MACt~U.AJ~ O~: MACMILLAN OIL: MACMILLAN OIL: MACMILLAN OIL: BV OIL: + .041~ ~ 1P + .0479 1P + .0479 1P + .0625 1P + .0801 1P P J4. FOUR.' ;tV OIL: $V OIL: BV OIL: PORT · .i~4~ ~ 15 + .0601 1S + .0571 1S + .0681 lS CONSOLIDATED: + .0835 1S $V OIL: PORT PORT PORT MACMILLAN OIL: + .0601 4 CONSOUDATED: CONSOUDATED: CONSOLIDATED: .1050 ( 3 ) + .0785 4 + .0785 4 + .0835 4 PORT CONSOLIDATED: + .0784 4 AREA'/tl KEY AREA ~t2 KEY ARF..A ~t3 t KEY AREA #4 KEY AREA #5 KEY 'ITEM #S - GAS, I'rEM N0 - GAS, ITEM #15 - GAS, ITEM ~'g0 - GAS, ITEM #25 - GAS, UNLEADED UNLEADED UNLEADED UNLEADED UNLEADED PLUS: PLUS: PLUS: PLUS: PLUS: ? ° N~I~:}R'T TT-~ANSPORT TRANSPORT TRANSPORT TRANSPORT t ~ PETROLEUM PETROLEUM PETROLEUM Pt: ~,OLEUM ~ TRADERS: TRADERS: TRADERS: TRADERS: ( ,.~) 1P + .0019 1P (, .0009 ) 1P * .0009 1P ,..0009 1P ATEO PORT PORT MACMILLAN OIL: BV OIL: : CONSOUDATED: CONSOLIDATED: + .0190 1S + .0321 1S + .02:~4 1S + .0285 1 S + .0285 1S MACMILLAN OIL: MACMILLAN OIL: BV OIL: PORT PORT + .0350 4 .t..0:350 4 + .0380 4 CONSOL/DATED: CONSOL/DATED: + .03:35 4 + .0:3:35 4 BV OIL: BV OIL: MACMILLAN OIL: BV OIL: SUGAR SUPPLY: + .0:380 4 ,- .0380 4 + .0:39S 4 ,*..0380 4 + .0570 4 SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: MACMILLAN OIL: · ~ .0400 4 ,..0470 4 + .0520 4 + .0570 4 .0595 ( 3 ) ITEM #S - GAS. ITEM ;~10 - GAS, ITEM Rtl5 - GAS, ITEM Ar'Z0 . GAS, ITEM arZS . GAS. UNI.~ADED UNLEADED UNLEADED UNLE. ADED UNLEADED PLUS: PLUS: PLUS: PLUS: PLUS: 1~~ TANK'WAGON TANKV/AGON. TANK~/AGON TANKWAGON t MACMILLAN OIL: BV OIL: MACMILLAN OIL: BV OIL: 1P + .0479 1P + .0571 1P + .062,~ 1P * .0801 1P IIrj4~ ~ ', BV OIL: MACMILLAN OIL: SV OIL: PORT +'.~ll~ IS + .0601 IS + .0585 IS + .0681 1S CONSOUDATED: + .0831 1S · F .4' PORT PORT PORT MACMILLAN OIL: , I 4 ¢ONSOUOATED: CONSOLIDATED: CONSOHDATED: .1050 ( 3 ) + .0785 4 .t, .0785 4 .*..0835 4 PORT ¢ONSOUDATED: + .0784 4 POSTING CONTINUED ON NEXT PAGE KEY(S) FOR RECOMMENDATION: (PLEASE NOTE YOUR RECOMMENDATION ABOVE) ECOMMENDED AWARD - LOWEST RESPONSIVE BIDDER MEETING SPECIFICATIONS ~., ~10 AWARD, RESPONSIVE, BUT NOT LOWEST BIDDER MEETING SPECIFICATIONS. (3) N_~O AWARD, NOT RESPONSNE TO BID. (4) NOT TECHNICALLY EVALUATED RECOMMENDED AWARD TO CERTIFIED M/WBE? YES__ NO IF YES TO ABOVE, TOTAL DOLLAR VALUE OF M/1NBE PARTICIPATION: $ CATEGORY: DOES EVALUATING DEPARTMENT CONCUR WITH RECOMMENDATION? YES NO~ REMARKS: AREA m - BID r'rEM ~ - TJINKWACK~I~. ~. Oil. (~OMPANY HA~ BEEN FOUND TO BE NON-RESPONSIVE FOR FAILURE TO INITI~. ~CTION, A~ REQUIRED BY BID TERM · CONDITION ~1~ (a) - SUBM~SION OF RESPONSE. AREA #1. BID ITEM #2. TANKWAGOI~ F~I~. ~ RIC~ A,q ~ECOND,~RYAWARDE~ DUETO MINORFTY PREFERENCE. AREA #3 - BID ITEM #11. TANKWAGON: MACMILLAN OIL COMPANY HAS BEEN FOUND TO BE NON-RESPONS;VE FOR FAILURE TO INITIAL. CORRECTION, AS REQUIRED BY BID TERM & CONDITION ~ (a) - SUBMISSION OF RESPONSE. AREA #$ . BID ITEMS ~21 THRU ~25 TRANSPORT & TANKWAGON - MACMILLAN OIL COMPANY HAS BEEN FOUND TO BE NON-RESPONSIVE FOR FAILURE TO IDENTIFY 'MARK-UP (~.) OR DISCOUNT (.) OFFERED FROM OPIS. TIE BID FOR AREA #1. BID ITEM ffl TRANSPORT BETWEEN BV OIL COMPANY AND PETROLEUM TRADERS WAS RESOLVED BY A "COIN TOSS' IN FAVOR OFFET'ROLEUM TRADERS, AS PER PALM BEACH COUNTY PURCHASING PROCEDURES, SECTION VI. B. (4). TIE BID PROCEDURES. ~I'HE FOLLOWING HAS BEEN PROVIDED AS PART OF THE AWARD PROCESS: [ ] CERTIFICATE OF INSURANCE, IF REQUIRED [ ] PERFORMANCE AND PAYMENT BOND, IF REQUIRED [ ] DEPOSIT/BID BOND, IF REQUIRED [ ] CERTIFICATE OF COMPETENCY, IF REQUIRED [ ] RELATED LICENSES AND PERMITS, IF REQUIRED [ ] WARRANTY INFORMATION, IF REQUIRED [ ] QUALIFICATION OF BIDDERS INFORMATION, IF REQUIRED VII.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACI/ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates tn to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) ~ November 6, 2002 October t4, 2002 (Noon) [] September t7, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5. 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal r'.~ [] Bids [] Unfinished Business [] Announcement [] Presentation - - [] City Manager's Report " RECOMMENDATION: Award Annual Maintenance Agreement to Professional Golf Car for the maintenance of 97 golf cars (90 fleet cars, 6 player assistant cars, 1 bag ear). EXPLANATION: Professional Golf Car is the sole service provider for warranty service for Club Car in this region of Florida. In addition, they perform monthly inspections of each ear to insure proper function of the acceleration, braidng, steering, handling systems and safety systems such as the cabling, wiring, reverse buzzer and instruction decals. PROGRAM IMPACT: All of our cars are inspected and repaired on a regular and timely basis resulting in minimal customer inconvenience and full use of our rental fleet on a daily basis. FISCAL IMPACT: Regularly scheduled maintenance is $7.50 per car per month for a total of $8,730 (acct. 411-2910- 572-49-17), estimated repair costs, including battery replacements, of $9,240 (acct. 411-2910-572-52-75). ALTERNATIVES: Re-institute the golf car mechanic position at a cost of $27,290 plus benefits in addition to paying for the parts and batteries. ? attr~ent Head's Signature ' ~City Manager's Signature Department Name 7 -City At'~'n'~y'/Fi'n~nce / Human Resources S:~,ULLETIN~ORMS~.GENDA ITEM 'REQUEST FORM.DOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA, FOR THE MAINTENANCE OF 97 GOLF CARS, AND PROVIDING AN EFFECTWE DATE. WHEREAS, Professional Golf Car is the sole service provider for warranty service for Club Car in this region; and WHEREAS, this agreement ensures that each car will be inspected monthly to insure proper function of the acceleration, braking, steering, handling systems and safety systems; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2, The City Commission of the City of Boynton Beach, Florida does authorize and direct the Mayor and City Clerk to execute a Maintenance between the City of Boynton Beach and Professional Golf Car Corporation of Florida, a copy of which Agreement is attached hereto. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2002. S:\CA\RESO~Agreements\Maintenance Agreement Professional Golf Car.doc CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\RESO~Agreements\Maintenance Agreement Professional Golf Car.doc GOLF CART MAINTENANCE AGREF_~MENT THIS IS AGREEMENT da~ed this day of ,, ~-002, made by and between: PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA 5385 Lake Worth Road ~cre~, Florida 33463 (hereinafter referred to as "PGCC") THE CITY OF BOYNTON BEACH, FLORIDA 100 East Boynton Beach Boulevard Boynton Beach, Florida 33~2~ (hereinaRer referred to as "CITY") NOW, TI-[EREFORE, IN CONSIDERATION of th~ mutual tenv. s and conditions. promises, covenarrts, and payments hereinafter set forth, PGCC and CITY agree a~ follows: 1.0 PURPOSE. Pursuant to the terrr~ and conditions of this Agreement, PGCC agrees to inspect twenty-five (25) of the CITY's golf carts which are located az the CITY's golf course on a weeidy b~is. In addi~iom PGCC agre~ to repair inoperable golf carts, and CITY agrees to pay for the repai~ of the golf carts subject to the tenm and cond?tions of this Agreement. 2.0 TERM. The Agreement is for a term of one year, from November 10, 2002 until November 9, 2003 (bereinaiter referred m as the "TermS'). The parties ma),' agree to recew the A~eement on an annuat basis by executing a written amendment to this Agreement. 3.0 P(3CC RESPONSIBILITIES. ?GCC hereby agrees to perform or cause to be performed the following service to the golf carts: 3.1 PC. K2C si:mil inspect golf cra-ts for proper operation, including, but not limited to golf cart a~celeratiort, braking, handling, reverse buzzers, and s~eering. 3.2 PGCC shall perform recommended lubrication o f the golf carts as required. 3.3 PG-CC shall inspect the golf cart battery water level and dr~ pressure' PGCC shal2 ad'dsc CITY of b~ttery water level in order for CITY to ~1 battery with w'ater. PGCC shall adjust tire pressure ~s necessa~-y. ?GCC shall inspect the aolf carts in oxder to determine it' the proper cables and wi~es are in good condition and open~ing properly, and shall also inspect the instructional decals m'e in place. PGCC shall replace any missing or damaged instructional decals. 3.5 PGCC .~hall inspect the golf cart chargers to insure that they turn on properly. 4.0 CITY RESPONSIBILn'IES. CITY hereby agrees to perform or cause to be perform the following: 4.1 Fill gelf c, an batteries with water pursuant to the advice provided by PGCC. 4.2 Info..,m PG-CC if the golf cart chargers do not shut off. 4.3 In order :o schedule a service call for a can, the CITY shall call PGCC to schedule the service call. 5.0 ,~~,~.~T~. CITY agrees to pay to PC-CC, the following fees in consideration of PGCC's services pursuant :o this Agreement: 5.1 Inspection of golf carts at the rate of $7.50 per golf cart per momh. (Example: If PCK~C inspects gO golf car~s during the month, the CITY will pay $600.00) 5.2 Battery installation (6¥) at the rate of $280.00 per set, or $52.00 per battery not installed. 5.3 Battery installation (SV) a: the rate of $408.00 per set, er $68.00 per battery not installed. · 5.4 Repairs to golf carts shall be performed at the rate of $44.00 l:er hour plus the cost of the pans that are not covered by warranty. POCC shall not e,harge CITY a se.~arate fee for a service call. The cost of pans required ~ repair any and all damages caused by ac¢idem, negligence, or improper use of said golf cars on the part of the CITY, or its agents or licensees or by individual operators sub-rentin~ from CITY shall be invoiced to CITY at the normal prevailing rate charged by ?GCC. 6.0 [N$~N(2£. POCC shall not commence work under this comra~-t until it has obtained all insuranoe required under this paragraph and such insurance has been approved by the Risk Manager et' the CITY nor st~all ~he PC. fCC allow any Subcontractor to commence work on its vab-comraet until all similar such insurance requited of the subcontractor has been obtained and approved. 6.1 Cenific,,tes of ~ance, reflecting evidence of the requi~ed insurance, shall be filed with the Risk Manager prior to the commencement of the work. These Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been -2- given to the CITY. Policies shall be issued by companies authorized to cio business under the laws of the State of Fiorida. 6.2 Fin~cial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. 6.3 [nsu_~ance shall be in fiarce until all work required to be performed under the terms of ge Agreement is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that even~, the PC-CC shall furnish, at least thirty (30) days prior to the expiration of ~.e date of such insurance, a renewed certi:fieate of insurance as proof thru equal lind like coverage for the balance of the period of the contract and extension thereunder is in effect. PGCC shall not c~r~tinue to work pursuant to this contract unless all required insurance remains in full force and effect. 6.4 Comprehensive Oeneral Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operaIions, l:roduet~'¢ompleted operations, and certain contracts, Coverage must be written on an occurrence basis, with the following limits of liability: A. Bodily Injury. 1. Each Occurrence $1,000,000 2. Annual Aggregate 1,000,000 B. Property Damage 1. Each Occurrence ~,000,000 : 2. Annua~ Aggregate ',,000,000 C. Personal Injury Annual Aggregate 1,000,000 D. Completed Operatiom and Products Liability, shall be mainr~.ined for t~'o (2) years ~er the final payment. E. Property Damage Liability Insurance shall include Coverage for the following hazards: X - explosion, C - Collapse, U - underground. 6.5 Workers Compemation insurance shall be maintained during the life of thi~ contract to comply with statutory limits for all employees: and in the case any _ work is sublet, PGCC shall require the Subcontractor to provide Workers Cempensation Insurance for all the laner's employees unless such employees are covered by tim protection afforded by PC-CC. PG-CC and its Subcontractors shall maintain during the life of this policy Employers Liability Insurlmce. The t'ollov,'ing limits must be maintained: A. Workers Compensation Statutory -3- Scm 23 02 02:5~ C~t~ oF ~o:n~o~ Beacm (SGl~ 95G-1700 ~.5 B. Employer's Liability $ 500,000 per occurrence 6.6 Comprehensive Auto Liabilit~ A. Bodily Injury t. Each Occurrence $1,000,000 2. Annual Aggregate 1,000,000 B. Property Damage 1. Each Occurrence 1,000,000 2. Annual Aggregate 1,000,000 Coverage ~all include owned, hired, and non-owned vehicles. 6.7 PCzCC shall indemnify and save harm',ess the CITY, its elected officials, officers and employees from and against any and all claims, derr~n~, or causes of action of wtmtsoever kind or nature arising out of, in cormection with the performance of its ol:ligations pursuant to this Agr~emem. POCC agrees that that they shall pay all claLms, losses, liens, settlements or judgments of any nature m connection with any injury resulting fi.om the performance of its obligations pursuant to this Agreement, including but not limited to reasonable attorney's fees costs, including paraiegal expense~, at both the trial anti appellate levels, to defend any and all claims or suits in the name of the CITY when applicable. PG-CC agrees to defend all actions in the name of the CITY provided, however, that the CITY rcs~ves the right to select its o,~n legal counsel to conduct any &fense in any such proceeding. All costs and fees associated therewith shall he the, responsibility of POCC pursuant to this indemnification. 6.8 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. 7.0 TAXES.. PGCC shall be respomible and agrees to collect and remk all sal~s, use, properly or ota~r taxes imposed by state, federal or local authorities arising out of this Agreemel~ 8.0 PUBLIC ENTITIES CRIME ACT. As required by Florida law, PC_.rCC shall ex~cme that document attached hereto as Exhibit "A' a~ or prior To commencement of this Agreement v~g that PG-CC has not been convicted of a public entities crime as provided in §287.133, Florida Statutes. 9.0 DEFAULT, Upon the failure of PGCC or CITY to perform any of the terms and conditions of this Agreement, the party not aI fault shall have the rights to cancel this Agreement, by giving thirty (30) days. written notice to the party at fault, specifying therein the reason therefore, and ii' the parD, at fauk has not cured the fault witkin thirty (30) days, then this Agreement shah be terminated. All moneys due and owing ai the time of s~ch termination shall become effective will be paid by the CITY. .4- 0.0 ~,~=~.~. Neither part>- s?mll hav~ thc right to assign thc Agreement without th~ prior ~witten ~n~t of t~ other p~, w~ch count s~ll net ~ u~rmbly wit~e~d. l 1.0 P~OR AG~:E~TS. T~s A~emem con~s ail of t~ ~eeme~ of the p~ies hereto ~ r~eet to ~y ~trer ~vered or ~mioned ~ ~s A~emem, ~d no ~or a~e~ems or ~t~d~s ~g to ~y ~ch ~ers s~ ~ eff~tive for ~y p~. No p~sion of t~ A~ment ~y he ~end~ or ~ded to except by a~eemem ~ ~x~ si~ed by t~ p~ies h~to or the~ respective s~ces~rs ~ ~terest. T~s ~reemem s~] not be eff~tive or bind~g on ~y p~ ~ntil ~[y ex~med by oth~ p~ies ~reto. 12.0 CBOICE OF LAW. ~is A~eemem s~l ~ governed by ~e ~ws of ~e Stye of F~fid~ In ~y pmc~d~ brou~ re~tive ~ ~e t~ ve~e sha~ be ~ P~ B~eh Co~b,, Flori~. 13.0 ~. ~y notices ~der t~s A~me~ ~1 ~e by U~ed St~es ~iL po~e p~p~d, ~ed or re~ed ~il, ret~ r~sted, or by ~ deli~r~g ~ ~e by pro~ssioml co~, ad&e~d to P~C or CITY. ~ tee c~ ~y ~, at ~ re~ecfive ad&e~ ~t o~ o~osite t~ ~es ~low. or ~ 'such ot~ ~ess ~ ~h~ ~y here~er ~ec~' ~cord~e he~w~h: CITY: K~ Brusher, C~y M~ City of Bo>~on ~ach 100 E~ Bo)~on ~h Bo~ev~d Boron Beth, FL 33425 TeI~ne No. (954) ~31 Faes~e No. {9~4) 437-1149 ~TH COPY TO: 3~es C~rof, City 100 E~ ~ron ~gh Boulev~d Boymon Beth, FL 33425 Tel~ne No. (561) 742-6050 Fa~ile No. (561) 742.6054 P~C: P~ss~ml Oo~ C~ Co~ora~on of Flori~ 5385 L~e Wo~ ~ Gme~cres, FL 33463 Telephone No. (561} 433-2500 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. PROFESSIONAL GOLF CAR CORPO1La. TION OF FLORIDA PrintName: /~M/.-g ~ (CORPORATE SEAL) STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly_ authorized by law to administer oaths and take acknowledgments, pm-sonally appeared ,~.r l~ .I'. 3'~ h r~..~,a as /~r~ ~ , of PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA aa orgatfization authorized to do bu$ine~ in the State of Florida, and aclmowledged executed the foregoing Agreement as the proper official of PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA for the use and purlmses mentioned in it and affixed the official seal of the cxn~ration, and that the instrument is the act and deed of that corporation.~.e/she is personally known to me or has produced · IN WITNESS OF THE FOREGOING, I have .t~t my. hand and official ~ at in tine State and CourrtT afor, mid on ti'th o~ ~ day of ~ . 2002. *~illr. ~ Com~.~.i~. cc~2ar NOn, tRY PUBLIC % #-"~'~,~ ~xpire~ September 28, 2003 My Commission ~xpites: CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Kurt Bresmer, City Manager Janet Prainito, City Clerk -6- Approved as to Form: City Attorney DNT:dnt H:\I ~90'~(~01~2.]~]~.AGMITM CAKT MAINT~NA.NC~ AGREE~.doo Ca~n~n~'Gol f Cour~,'G al f Cm't Maiaten~n~o -7- ACO.qD. CERTIFICATE OF LIABILITY INSURANCE 9ROFE$2 09/24702 ,qoeuciN T'NIE CERTFICATE II IESUED M A MATTER OF' INFORMATION ONLY JNO CONFERI NO RIGNI'I UPON THE CERTIFICATE S~aton Znsu=&noe HOLDER. TI41 CERTIqCATE DOES NOT AA~ND, EXTE~ OR P 0 Box 385"/ N. TER THE COVERAGE AFFORDED IY THE POI. JCI~ BELOW. West Pa2~n Beach FL 33402 Phone: 561-683-8383 Fax: 561-684-5995 INI. JRER$ AFFOROtNG COV~;LAGE Professional ~olf Car Corporation of Florid~ 538B Lak~ Worth R~&cl ~ceenecres EL 33463 i ¢OYERA~EI T-~E POLICIES OF INSURANCE LISTED BPI. OW biAVE ~ I8$~IED TO ~ IP,4S~.,FtED N~',I;O ABOVE FOR T~E =Ot~C¥ PERIOD r~ClCATED. ao4Y REQUIq~-IdENT. TERM OR CO~OITIO~ OF ~ CONTRACT OR O~ DOC~IVtENT ~TM ~CT '0 V,/~iC~ 'MI6 CERTI;I¢ATE MAY BE ~;~;.JED OR MAY PERTAIN. THE INSURANCE AFFCRDIrO BY THE ~'OtlClES I~SC~SED HEREIN IS S~BJECT TO ALL THE TERMS. EXCLUSIONS W'4O C~I"IO~S OF =OLCIE$. AG~It, E(3ATE LIMITS SHOWN MAY H~E BEEN REDUCED BY PNO CLA*M$. ~.TIt i ?YPl OF I#IURJU~C~ ~OU'*Y #UNI~R 341~ ;~ff_??'yy' ~./1 ~YY) !JMITI A IZ :o~;~c~ ;~N~ ~ r~ DPS3542'~915 09/29/02 ~8/29/03 ~ ' j~ 2,000,000 i =oucY , ~ ~CTm~c ~ Ben. ~ l~000r000 A__~ ~v,uro DPG3542~815 08/29/02 08/29/03 ~,~c~ce~ ~ 1,000,000 ~5 3000000 a :~ oc:~ ':~ EB~12944g 09/29/02 08/29/03 ~=.;~; ' 3000000 A ~ ~o~=~ Seo~oa EPS3542T815 08/19/02 08/29/03 i BI~n~ 845,000 VII.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of contract between Bethesda Memorial Hospital and the City of Boynton Beach. EXPLANATION: BMH will allow the City of Boynton Beach to use the buildings at 2800 and 2824 S. Seacrest Blvd., and 2620, 2704, 2706,and 2710 S.W. 4 th St. for the purpose of Fire Rescue training. PROGRAM IMPACT: Fire Rescue personnel will get realistic training in commercial building. Because we are in the process of hiring and training 4 new Firefighters this training is invaluable. FISCAL IMPACT: No cost to City. ALTERNATIVES: Props cost time, materials, money, and they are rarely realistic. Years of fLre training experience dictates that real buildings provide the best training at the least cost. Departn~nt Head's Signature City Manager's Signature ChiefBingham /c~t' c-(_ I~-'r ~)C t&c_ Department Name Attorney / Finance / Human Resources Fire Rescue SSBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BETHESDA MEMORIAL HOSPITAL FOR FIRE RESCUE TRaMNING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Fire Department desires to use the buildings located at 2800 and 2824 S. Seacrest Boulevard, Boynton Beach, Florida; and 2620, 2704, 2706, 2710 S.W. 4t~ Street, Boynton Beach, Florida for the purpose of fire rescue training exercises; and WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is an invaluable tool to the department and the citizens and residents of the City; WHEREAS, the owner of the buildings, Bethesda Memorial Hospital, has agreed to allow the City to use the aforesaid buildings for fire rescue training sessions; 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 true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does authorizes the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Bethesda Memorial Hospital, allowing the use of the buildings at 2800 and 2824 S. Seacrest Blvd., and 2620, 2704, 2706, 2710 S.W. 4th Street, Boynton Beach, for fire rescue training purposes. A copy of that Agreement is attached hereto and made a part hereofi ;:\CAXRESOXAgreementsXBBFDWire Training - BMH.doc Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: City Clerk (Corporate Seal) 5:\CALRESO~Agreements~BBFD\Fire Training - BMH.doc AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND GENERAL RELEASE, is made this day of , 200_ by and between the CITY OF BOYNTON BEACH, FLORIDA ("City") and ("Owner"). WITNESSETH: WHEREAS, Owner warrants that he/she owns certain property located within the limits of the City and located at the following addresses: 2800 and 2824 South Seacrest Boulevard, Boynton Beach, Florida and 2620, 2704, 2706, 2710 S.W. 40` Street, Boynton Beach, Florida; and WHEREAS, The Fire Department of the City desires to use the buildings located on said property for the purposes of training; and WHEREAS, Owner permits the City to use the building for appropriate training exercises which may include the use of smoke. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Owner agrees to allow the City to enter onto the property referred to herein for fire rescue training exercises after execution of the Agreement. 3. It is understood and agreed that as part of the training exercises, the participants may conduct invasive training that may result in structural damage to the building. S:,,CA~,AGMTS~BBFD'xBethesda fife release for training no bum 100102.doc 4. Owner acknowledges that the City shall assume no responsibility for said land or structures. Owner is still responsible for costs associated with demolition of structure and removal of debri. 5. Prior to conducting training exercises, City, or its designated representative, shall review with Owner, the areas of the property which will be used in the training exercises. 6. The City shall be responsible for any injuries to its employees occurring during activities in the course and scope of their employment while performing training activities on the property referred to herein and for any damage to any property owned by the City. The City shall also be responsible for its own negligence, and shall defend and indemnify the Owner from all claims, suits, causes of action or any claim whatsoever made arising from the City's negligence, to the extent permitted by law. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. 8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its City Manager, and attested and its official seal to be hereunto affixed by its City Clerk, and Owner has hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: City Clerk Mayor Approved as to Form and Legal Sufficiency: By: City Attorney WITNESSES: OWNER By: Print Name Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,200__, by (name of person acknowledging). Signature of Notary Public - State of Florida Print, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: - VII.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Admimstrative [] Development Plans NATURE OF [] Consent Agenda [] New Business -3 AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: ' - Motion to authorize a project agreement for the Florida Recreation Development Assistance Program (FRDAP) grant known as the Wilson Park Expansion Project. EXPLANATION: The City's Parks Department staff submitted a grant application to Florida Department of Environmental Protection. A grant for up to $112,500 was approved to acquire 2 lots adjacent to Wilson Park. Recently local members of the State Legislature attended a City Commission meeting presenting the grant award. This document formalizes the agreement. PROGRAM IMPACT: This agreement allows the City to begin the property acquisition process necessary to expand Wilson Park. FISCAL IMPACT: $150.000 is designated in the 2002/03 CIP (account #302-4113-50-63.15). The city will be reimbursed 75% of the actual cost of the acquisitions. ALTERNATIVES: Not accept the grant award from the Florida Department of Environmental Protection. / nt Head s Signature / ~ ' City Manager's Signature Parks Department Name 7/ City/~t°mey~Fin_~,nce / Human Resources S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT IN AN AMOUNT NOT TO EXCEED $112,500 TOWARD THE PURCHASE 2 LOTS ADJACENT TO WILSON PARK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID GRANT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Recreation Department applied for and has been awarded a grant from the Florida Recreation Development Assistance Program ') for the acquisition of two parcels adjacent to Wilson Park; and WHEREAS, said grant is in an amount not to exceed $112,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes the Mayor and City Clerk to accept and execute the Grant from the Florida Recreation Assistance Program in an amount not to exceed $112,500, for the expansion of t the acquisition of two parcels of land adjacent to Wilson Center. A copy of grant agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this~ day of October, 2002. CITY OF BOYNTON BEACH, FLOR[DA Mawr Vice Mayor Commissioner Commissioner Commissioner ;T: City Clerk ~:ca~resoXagreements\grants~recreation - Wilson Center Expansion Department of Environmental Protection ~~~-~ Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard David Et. Struhs Governor Tallahassee, Florida 32399-3000 Secretary August 23, 2002 Ms. Barbara J. Meacham Parks and Landscape Planner City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Re: Wilson Park Expansion FRDAP Project No. F03508 Dear Ms. Meacham: Attached is your project agreement for the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your grant application. It is important that you review the agreement to ensure that information specific to your project is accurate. .... hea cement, do not~'~ Please execute and return both original copies of the agreement, m s~gmng t gr complete the blank space for the date. Our staff will date the agreement when formally exe~-6~ed by the Department and one original copy will be returned to you. Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488-7896 or Suncom 278-7896. Sincerely, A. Diane Langston Community Assistance Consultant  ~~'~ Bureau of Design and Recreation Services J Division of Recreation and Parks Mail Station #585 "More Protection, Less Process" Exhibit A Printed on recycled paper. F3508 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Grant Agreement (FY 2002-03) - Acquisition This Project Agreement is made and entered into this ~-~G' __ day of , 200 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and the CITY OF BOYNTON BEACH, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Project Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23, 2000, which is incorporated into this Project Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Project Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Wilson Park Expansion (Florida Recreation Development Assistance Program, FRDAP Project Number F03508), hereinafter called the PROJECT, and enters into this Project Agreement with the GRANTEE for the acquisition of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS- A034. Page 1 of 10 3. Within three (3) years from the completion date set forth in the PROJECT completion certificate, unless extended by the DEPARTMENT staff for good cause at the written request of the GRANTEE, the GRANTEE will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following development elements: Playground, swimming pool, picnic facilities, restroom, security lighting, landscaping, and other support facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $112,500.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $112,500 75% GRANTEE Match $ 37,500 25% Type of Match Cash 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. 6. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at (<http://www.dbf.state.fl.us/aadir/mainindex'html)' 9. The GRANTEE agrees to comply with the Division of Page 2 of 10 Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 8. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 9. It is understood by the parties that the amount of this Project Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Project Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. Ail monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the Comptroller of Florida in accordance with s. 17.03(2), Florida Statutes. 11. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this Project Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Project Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 12. Prior to commencement of PROJECT acquisition, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Acquisition Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(6) (f) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, Page 3 of 10 the DEPARTMENT will give written notice to GRANTEE to commence the acquisition and approve the request for payment. 13. GRANTEE shall complete acquisition of the PROJECT site by _~J- (hereinafter referred to as the PROJECT completion d~te). The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. This Project Agreement shall become effective upon execution and the Project must be completed within 5 years, or money may revert. 14. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the five-year retention period. 15. In addition to the provisions contained in Paragraph 14 above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-l, mus be provided to the GRANTEE with each amendment which authorizes ~ funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Project Agreement for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-l, the GRANTEE shall notify the Department's FRDAP Grants Administrator at 850/488-7896 to request a copy of the updated information. 16. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non-compliance with this Project Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 17. The DEPARTMENT'S Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Grant Manager, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Project Agreement. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT statu~ Page 4 of 10 reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Grantee's Grant Manaqer Department's Grant Manaqer Ms. Barbara J. Meacham A. Diane Langston Parks and Landscape Planner Dept.of Environmental Protection 100 E. Boynton Beach Boulevard 3900 Commonwealth Blvd., MS 585 Boynton Beach, Florida, 33425-0310 Tallahassee, Florida 32399-3000 18. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 19. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 20. This Project Agreement may be unilaterally canceled by the DEPARTMENT the GRANTEE to allow public access to all documents, papers, letters, or other materials made or received by the GRANTEE unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 21. Prior to the closing of the PROJECT the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Project Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the Department.(approved by OIG) 22. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract Page 5 of 10 will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 23. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D-5.059(1). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 24. Failure to comply with the provisions of the RULE or the terms and conditions of this Project Agreement will result in cancellation of the Project Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the Project Agreement and may result in the imposition of the terms in Paragraph 21. 25. In the event of conflict in the provisions of the RULE, the Project Agreement and the Project Application, the provisions of the RULE shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 26. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this PROJECT AGREEMENT. 27. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Florida Legislature. 28. This Project Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the legislative, judicial, or executive branch, of local, state or federal government. Page 6 of 10 29. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. 30. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. 31. The employment of unauthorized aliens by any GRANTEE is considered a violation of the Immigration and Nationality Act 8 USCA s. 1324a (1) (A). If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Project Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Project Agreement. 32. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a GRANTEE, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. Page 7 of 10 33. The Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 34. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 35. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 36. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 37. The Grantee, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this Project Agreement. 38. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected Page 8 of 10 under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of all employees not otherwise protected. 39. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF CITY OF BOYNTON BEACH ENVIRONMENTAL PROTECTION By: By: Division Director (or Designee) Person Authorized to Sign Division of Recreation and Parks Printed Name Title Address: Address: Bureau of Design and Recreation Services 100 E. Boynton Beach Boulevard Division of Recreation and Parks P.O. Box 310 3900 Commonwealth Boulevard Boynton Beach, Florida 33425- Mail Station 585 0310 Tallahassee, Florida 32399-3000 DEP Grant Mana~/e~' / Approved as to Form and Legality: This form has been pre-approved as to form and legality by Jerome I. Grantee Attorney Johnson, Assistant General Counsel, on July 26, 2002 for use for one year. DEP 42-058 Revised 06-14-2002 Page 10 of 10 SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This pan is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIB~ 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs, gov/cfda. REMAINDER OF PAGE I~N'TENTIONALLY LEFT BLANK - DEP 55-203 (02-03) _ Page 1 of 4 .._ PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXH~IT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the Florida Single Audit Act website located at http:l/sun6.dms.state.fl.us/fsaa]catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.usl, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf, state.fl.us/, and the Auditor General's Website http:llwww.state.fl.uslaudgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity' s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Page 2 of 4 DEP 55-203 (02-03) Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A'-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Depamnent of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Stxeet Tallahassee, Florida 32399-1450 DEP 55-203 (02-03) _ Page 3 of 4 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting ~nancial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-pro~it organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 (specify appropriate number of years, should be at least five years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a period of 3 (specify appropriate number of years) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE 12qTENTIONALLY LEFT BLANK Page 4 of 4 .- DEP 55-203 (02-03) ~ _ VI'T.-CONSENT AGENDA O ITEM C.3. CITY OF BOYNTON BEACt AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans c .. :..~ ~ NATURE OF [] Consent Agenda [] New Business ~:o : ~ ~, '~) AGENDA ITEM [] Public Hearing [] Legal ~ :- '~ [] Bids [] Unfinished Business ,~- ~ [] Announcement [] Presentation ~ 5. [] City Manager's Report , ~-, . · ' i~ RECOMMENDATION: Approve resolution setting up a Flexible Spending Account (FSA) program to be administered b~: AFLAC, a provider to the City of four other employee benefit programs. EXPLANATION: This IRS-approved type of program allows employees that elect this benefit to pay most non-covered/ non-reimbursed medical as well as dependent care (child or elder care) benefits with pre-tax dollars through payroll deduction. This allows the City to save matching Social Security contributions and the employee to save Social Security and federal tax expenses (as they can now elect to do for medical and dental dependent premiums). PROGRAM IMPACT: This first year approximately 16 people enrolled in this program. We expect the number to grow ~,nually as the employees better understand the program, the process and the advantages of an FSA. More than 70 employees have enrolled in the other new pre-tax programs being made available. FISCAL IMPACT: The City will open a separate account for these funds and will pay approximately $540 the first year for administrative charges. This will be offset by $1800 savings to the City in Social Security matching amounts for those in the FSA and an additional $3200 savings to the City for those in the other pre-tax benefits plans. ALTERNATIVES: Not to offer the Flexible Spending Account. However, we see this type of arrangement as a significant part of future plans as we strive to fred a balance between continuing to offer our employees a competitive benefits package ~ to afford the significantly increasing annual costs. S:~BULLETIN~FORMS',AGENDA ITEM REQUEST FORM.DOC RESOLUTION 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A FLEXIBLE SPENDING ACCOUNT PROGRAM AND AUTHORIZING STAFF TO EXECUTE ALL NECESSARY DOCUMENTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach currently has four other employee benefit programs provided by AFLAC; and WHEREAS, this IRS-approved program allows employees that elect this benefit to pay most non-covered/non-reimbursed medical as well as dependent care benefits with pre- tax dollars through payroll deduction into a separate flexible spending account; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and are adopted as the basis for the establishment of a flexible spending account program. Section 2. The City Commission hereby authorizes the establishment of a Flexible Spending Account Program, to be administered by AFLAC, and authorizes staff to execute all necessary documentation. Section 3. That this Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner (Corporate Seal) S:\CA~RESO\Legislative Actions~Establish FSA Program Account.doc TABLE OF CONTENTS FLEXIBLE BENEFITS PLAN PREAMBLE 3 ARTICLE I DEFINITIONS 3 1,01 "Affiliated Employer'' 3 1.02 "After-tax Premium(s)" 3 1,03 "Anniversary Date" 3 1,04 "Benefit Plan(s) or Policy(les)" 3 1.05 "Board of Directors" 3 1,06 "Change in Status" 3 1.07 "Code" 3 1.08 "Compensation" 3 1.09 "Dependent" 3 1.10 "Dependent Care Expense Reimbursement" 3 1.11 "Earned Income" 3 1.12 "Effective Date" 4 4 1,13 "Eligible Employment Related Expenses" 4 1.14 "Eligible Medical Expenses" 4 1.15 "Employee" 4 1.16 "Employer" 4 1.17 "ERISA" 1.18 "Highly Compensated Individual" 4 1.19 "Key Employee" 4 1.20 "Medical Care Expense Reimbursement" 4 1.21 "Nonelective Contributions" 4 4 1.22 "Participant" 4 1.23 "Plan" 1.24 "Plan Administrator'' or "committee" 4 1.25 "Plan Year" 4 1,26 "Pre-tax Premium(s)" 4 1.27 "Qualified Benefit" 4 1.28 "Qualifying Employment-Related Expenses" 5 1.29 "Qualifying Individual" 5 5 1.30 "Qualifying Services" 5 1.31 "Reimbursement Account(s) or Account[ ) 5 1.32 "Salary Redirection Agreement" 5 1.33 "Spouse" 5 1.34 "Student" 1.35 "Trustee" 5 ARTICLE II ELIGIBILITY AND PARTICIPATION 5 2.01 Eligibility to Participate 5 2.02 Entry Date 5 2.03 Termination of Participation 5 2.04 Eligibility to Participate in Reimbursement Benefits 5 2.05 Qualifying Leave Under Family and Medical Leave Act 6 2.06 Non-FMLA Leave of Absence 6 ARTICLE III PREMIUM ELECTIONS 6 3.01 Election of Premiums 6 3.02 Initial Election Pedod 6 3.03 Annual Election Period 7 3,04 Change of Premium Election 7 3.05 Termination of Election 9 9 ARTICLE IV PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS 4.01 Source of Premium Payments 9 4.02 Allocations Irrevocable During Plan Year 9 4.03 Reduction of Certain Elections to Prevent Discrimination 10 4,04 Medical Care Expense Reimbursement 10 4.05 Dependent Care Express Reimbursement 10 ARTICLE V BENEFITS 5,01 Qualified Benefits 10 5.02 Cash Benefit 5.03 Repayment of Excess Reimbursements 11 5.04 Termination of Reimbursement Benefits 11 5,05 COBRA Coverage 11 I Plandoc ARTICLE VI PLAN ADMINISTRATION 11 6.01 Allocation of Authority 11 6.02 Payment of Administrative Expenses 12 6.03 Reporting and Disclosure Obligations 12 6.04 Indemnification 12 6.05 Substantiation of Expenses 12 6.06 Reimbursement 12 607 Annual Statements 12 ARTICLE VII FUNDING AGENT 12 7.01 Funding of the Plan 12 7.02 The Employer as Funding Agent 12 7.03 Trust as Funding Agent 12 ARTICLE VIII CLAIMS PROCEDURES 12 8.01 Application to Plan Benefits 12 8.02 Procedure if Benefits are Denied Under the Plan 13 8.03 Requirement for Written Notice of Claim Denial 13 8.04 Right to Request Hearing on Benefit Denial 13 8.05 Disposition of Disputed Claims 13 ARTICLE IX AMENDMENT OR TERMINATION OF PLAN 13 9.01 Permanency 13 9.02 Employer's Right to Amend 13 9.03 Employer's Right to Termination 13 9.04 Determination of Effective Date of Amendment or Termination 13 ARTICLE X GENERAL PROVISIONS 13 10.01 Not an Employment Contract 13 10.02 Applicable Laws 13 10.03 Post-Mortem Payments 14 10.04 Nonalienation of Benefits 14 10.05 Mental or Physical Incompetency 14 10.06 Inability to Locate Payee 14 10,07 Requirement for Proper Forms 14 10.08 Source of Payments 14 10.09 Multiple Functions 14 10.10 Tax Effects 14 10.11 Gender and Number 14 10.12 Headings 14 10.13 Incorporation by Reference 14 10,14 Severability 14 10.15 Effect of Mistake 14 10.16 Provisions Relating to Insurers 14 10.17 Forfeitu re of Unclaimed Reimbursement Account Benefits 15 ARTICLE XI CONTINUATION COVERAGE UNDER COBRA 15 11.01 Continuation Coverage After Termination of Normal Participation 15 11.02 Who is a "Qualified Beneficiary" 15 11.03 Who is not a "Qualified Beneficiary" 15 11.04 What is a "Qualifying Event' 15 11.05 COBRA not applicable to Certain Health Care Expense Account Participants 15 11.06 What Benefit is Available Under Continuation Coverage 16 11.07 Notice Requirements 16 11.08 Election Period 16 11.09 Duration of Continuation Coverage 16 11.10 Automatic Termination of Continuation Coverage 16 Adoption Agreement 17 Resolution Adopting a Flexible Benefits Plan 20 2 P~sno~c PREAMBLE The Employer hereby establishes a Flexible Benefits Plan ("Plan") for its Employees for purposes of providing eligible Employees with the opportunity to choose from among the fringe benefits available under the plan. The Plan is intended to qualify as a cafeteria plan under the provisions of Code Section 125. The Dependent Care Expense Reimbursement Plan ("DDC") is intended to qual~ as a Code Section 129 dependent care assistance plan, and the Medical Care Expense Reimbursement Plan ("Health FSA") is intended to qualify as a Code Section 105 medical expense reimbursement plan. Although printed w~thin this document, the DDC and Health FSA Plans are separate written plans for purposes of administration and all reporting and nondiscrimination requirements imposed by Sections 105 and 129 of the Code and all applicable provisions of ERISA. The DDC and Medical Care Expense Reimbursement Plans are available only if designated on the Adoption Agreement. FLEXIBLE BENEFITS PLAN ARTICLE I DEFINITIONS 1.01 "Affiliated Employer*' means any Employer within the context of Code Section 414(b), (c), or (m) of the Code which will be treated as a single employer for purposes of Code Section 125. 1.02 "After-tax Premium(a)" means amounts withheld from an Employee's Compensation pursuant to a Salary Redirection Agreement to purchase coverages available under the Adoption Agreement on an after-tax basis. 1.03 "Anniversary Date" means the first day of any Plan Year. 1.04 "Benefit Plan(s) or Policy(ies)" means those Qualified Benefits available to a Participant under the Adoption Agreement. Where a Benefit Plan or Policy is made available through an individual insurance policy, the insurer(s) and policy form numbers shall be listed in Appendix A. 1.05 "Board of Directors" means the Board of Directors of the Employer. The Board of Directors, upon adoption of this Plan, appoints the Committee to act on the Employer's behalf in all matters regarding the Plan. 1.05 "Change in Status" means any of the events described below, as well as any other events included under subsequent changes to Code Section 125 or regulations issued under Code Section 125 which the Plan Administrator (in its sole discretion) decides to recognize on a uniform and consistent basis: (a) Legal Marital Status: A change in a Participant's legal marital status, including marriage, death of a Spouse, divorce, legal separation or annulment; (b) Change in Number of Tax Dependents (as defined in Section 1.09): A change in the Participant's number of tax Dependents, including the birth of a child, the adoption or placement for adoption of a Dependent, or the death of a Dependent. (c) Change In Employment Status: Any change in employment status of the Participant, the Participant's Spouse or the Participant's Dependents that affects benefit eligibility under a cafeteria plan (including this Plan or other employee benefit plans (including the Benefit Plan(s) or Policy(ias) of the employer of the Participant, the Spouse or Dependents), such as: termination or commencement of employment; a strike or lockout; a commencement of or return from an unpaid leave of absence; a change in worksite; switching from salaried to hourly paid; union to non union; or part-time to full-time; incurring a reduction or increase in hours of employment; or any other similar change which makes the individual become (or cease to be) eligible for a particular employee benefit. (d) Dependent Eligibility Requirements: An event that causes a Participant's Dependent to satisfy or cease to satisfy the Dependent eligibility requirements for a particular benefit, such as attaining a specified age, getting married, or ceasing to be a Student. (e) Change in Residence: A change in the place of residence of the Participant, the Participant's Spouse or the Participant's Dependent. I 1.07 "Code" means the Internal Revenue Code of 1986, as amended. I 1.08 "Compensation" means the cash wages or salary paid to an Employee by the Employer. / 1.09 "Dependent" means any individual who is a tax dependent of the Participant as defined in Code Section 152(a), or who is II ~ determined to be an alternative recipient of a Plan Participant under an order determined to be a qualified medical child support ~'= ; order (QMCSO) by the Plan Administrator, provided however, that in the case of a divorced Employee: i) Dependent shall be defined i as in Code Section 21(e)(5) (e.g., dependent of the parent with the custody) for purposes of the Dependent Care Expense Account I Plan; and ii) for purposes of accident or health coverage, a child shall be considered a dependent of both parents. 1.10 "Dependent Care Expense Reimbursement" shall have the meaning assigned to it by Section 5.01(c) of the Plan. I 1.11 "Earned Income" means all income derived from wages, salaries, tips, self-employment, and other Compensation (such as II disability or wage continuation benefits), but only if such amounts are includible in gross income for the taxable year. Earned ,i~ income does not include (a) any amounts received pursuant to any Dependence Care Reimbursement Plan established under Code [ 129; or (b) any other amounts excluded from earned income under Code 32 (c)(2), such as amounts received under a pension or ,~ ~ annuity, or pursuant to workers' compensation, 3 Plandoc 1.12 "Effective Date" means the effective date of the Plan specified in the Adoption Agreement. 1.13 "Eligible Employment Related Expenses" means those Qualifying Employment-Related Expenses (as defined below) paid or incurred incident to mairrtaining employment after the date of the Employee's participation in the Dependent Care Expense Reimbursement Plan and during the Plan Year, other than amounts paid to: (a) an individual with respect to whom a Dependent deduction is allowable under Code Sec. 151(a) to the Participant or Spouse; or (b) the Participant's Spouse; or (c) a child of the Participant who is under 19 years of age at the end of the year in which the expenses were incurred. 1.14 "Eligible Medical Expenses" means those expenses incurred by the Employee, or the Employee's Spouse or Dependents after the date of the Employee's participation in the Medical Care Expense Reimbursement Plan and dunng the Plan Year otherwise allowable as deductions under Code Sec. 213 (without regard to the limitations contained in Sec. 213(a)), but shall not include: i) expenses for qualified long term care services (as defined in Code 7702B(c)); or ii) an expense incurred for the payment of premiums under a health insurance plan. For purposes of this Plan, an expense is "incurred" when the Participant or beneficiary is furnished the medical care or services giving rise to the claimed expense. 1.15 "Employee" means any individual who is considered to be in a legal employer-employee relationship with the Employer for Federal withholding tax purposes. Such term includes '~former employees" for the limited purpose of allowing continued eligibility for benefits hereunder for the remainder of the Plan Year in which an employee ceases to be employed by the Employer. The term "Employee" shall not include any leased employee (as defined in Code Section 414(n)) or any self employed individual who receives from the Employer "net earnings from self employment" within the meaning of Code Section 401(c)(2) unless such individual is also an Employee. 1.16 "Employer" means the organization(s) named in the Adoption Agreement provided, however, that when the Plan provides that the Employer has certain power (e.g., the appointment of a Plan Administrator, entering into a contract with a third party insurer, or amendment or termination of the plan) the term "Employer" shall mean only that entity named on the first line of the Adoption Agreement, and not any Affiliated Employer. Affiliated Employers who sign the Adoption Agreement shall be bound by the Plan as adopted and subsequently amended unless they clearly withdraw from participation herein. 1.17 "ERISA" shall mean the Employee Retirement Income Security Act of 1974, as amended. 1.18 "Highly Compensated Individual" means an individual defined under Code Section 125(e), 129(d)(2), or 105(h)(5), as amended, as a "highly compensated individual" or a "highly compensated employee". 1.19 "Key Employee" means an individual who is a "key employee" as defined in Code Section 125(b)(2), as amended. 1.20 "Medical Care Expense Reimbursement" shall have the meaning assigned to it by Section 5.01(b) of the Plan. 1.21 "Nonelective Contribution(s)" means any amount which the Employer in its sole discretion may contribute on behalf of each Participant to provide benefits for such Participant and his or her Dependents, if applicable under Plan. The amount of Nonelective Contribution for each Participant may be adjusted upward or downward in the contributing Employer's sole discretion. The amount shall be disclosed in Participant enrollment materials and shall be calculated for each Plan year in a uniform and nondiscriminatory manner based upon the Participant's dependent status, commencement or termination date of the Participant's employment during the Plan Year, and such other factors as the Employer shall prescribe. Except as otherwise provided in the Adoption Agreement, in no event will any Nonelective Contribution be disbursed to a Participant if the cost of the benef'A(s) elected is less than the Nonelective Contribution allocable thereto. Any excess shall be returned to the Employer. 1.22 "Participant" means an Employee who becomes a Participant pursuant to Article I1. 1.23 "Plan" means the Adoption Agreement, the Flexible Benefits Plan and (if applicable) the related Trust created by this document. 1.24 "Plan Administrator" or "committee" means the person(s) appointed by the Employer with authority and responsibility to manage and direct the operation and administration of the Plan. If no such person is named, the Plan Administrator shall be the Employer. 1.25 "Plan Year'' means the twelve month period specified in the Adoption Agreement provided, however, that a period of less than twelve months may be a Plan Year for the initial Plan Year, the final Plan Year, and a transition period to a different Plan Year. 1.26 "Pre. Tax Premium(s)" means any amount withheld from the Employee's Compensation pursuant to a Salary Redirection Agreement which is intended to be paid on a pre-tax basis. This amount shall not exceed the premiums attributable to the most costly Benefit Plan or Policy options afforded hereunder, and for purposes of Code Section 125, shall be treated as an Employer contribution (this amount may, however, be treated as an Employee contribution for purposes of State insurance laws). 1.27 "Qualified Benefit" means any benef'~ excluded from the Employee's taxable income under Chapter I of the Code (other the' Sections 106(b), 117, 124, 127, or 132), and any other benefit permitted by the Incoma Tax Regulations (i.e., any group-term h insurance coverage that is includable in gross income by virtue of exceeding the dollar limitation on nontaxable coverage under Code Sec. 79). Long-term care insurance is not a "Qualified Benet'~". 4, ' 1.28 "Qualifying Employment-Related Expenses" means those expenses that would be considered to be employment-related expenses under Section 21(b)(2) of the Code (relating to expenses for household and dependent care services necessary for gainful employment) if paid for by the Employee to provide Qualifying Services. 1.29 "Qualifying Individual" means: (a) a Dependent of the Participant who is under the age of thirteen (13); or (b) a Dependent of a Participant who is mentally or physically incapable of caring for himself or herself; or (c) the Spouse of a Participant who is mentally or physically incapable of caring for himself or herself. 1.30 "Qualifying Services" means services relating to the care of a Qualifying Individual that enable the Participant or Spouse to remain gainfully employed which are performed: (a) in the Participant's home; or (b) outside the Participant's home for (1) the care of a Dependent of the Participant who is under age 13, or (2) the care of a n y other Qualifying Individual who resides at least eight (8) hours per day in the Participant's household. If the expenses are incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center must comply with ail applicable State and local laws and regulations. 1.31 "Reimbursement Account(s) or Account(s)" shall be the funding mechanism by which amounts are withheld from an Employee's Compensation and retained for future Medical Care Expense Reimbursement or Dependent Care Expense Reimbursement. These amounts may either be retained by the Employer, sent to a third party plan administrator, and/or kept in trust for Employees. No money shall actually be allocated to any individual Participant Account(s); any such Account(s) shall be of a memorandum nature, maintained by the Administrator for accounting purposes, and shall not be representative of any identifiable trust assets. No interest will be credited to or paid on amounts credited to the Participant Account(s). 1.32 "Salary Redirection Agreement" means the actual or deemed agreement pursuant to which an eligible Employee or Participant enrolls in the specific component Benefit Plans or Policies with Pre-tax Premiums or After-tax Premiums in accordance with Article II1. If the Employer utilizes an electronic (e.g., electronic signature pad or digitized signature) or interactive voice response (IVR) system for enrollment, the Salary Redirection Agreement may be maintained on an electronic database. 1.33 "Spouse" means an individual who is legally marded to a Participant and who is treated as a Spouse under the Code, but for purposes of the Dependent Care Expense Reimbursement Plan provisions, shall not include an individual legally separated from the Participant under a divorce or separate maintenance decree, nor shall it include an individual who, although marded to the Participant, files a separate Federal income tax return, maintains a separate, principal residence from the Participant dudng the last six months of the taxable year, and does not furnish more than one-half of the cost of maintaining the principal place of abode of the Qualifying Individual. 1.34 "Student" means an individual who, during each of five (5) or more calendar months during the Plan Year, is a full time student at any college or university, the pdmary function of which is the conduct of formal instruction, and which routinely maintains a regular faculty and curriculum and normally has an enrolled student body in attendance at the location where its educational activities are regularly presented. 1.35 "Trustee" (if applicable) means the person(s) or institution (and their successors) named on the signature page attached hereto, who have assented to being so named by their signature to this Agreement, otherwise empowered to hold and disburse the funds that are created hereunder. ARTICLE II ELIGIBILITY AN D PARTICIPATION 2.01 Eligibility to Participate. Each Employee who meets the cdteria set forth in the Adoption Agreement shall be eligible to participate in the Plan as of any applicable Entry Date. Eligibility for the beneffis elected in the Adoption Agreement shall be subject to the additional requirements, if any, specified in the applicable Benefit Plan or Policy. The provisions of this Article are not intended to override any eligibility requirement(s) or waiting period(s) specified in the applicable Benefit Plans or Policies. 2.02 Entry Date. Each eligible Employee shall become a Participant in the Plan on the Entry Date specified in the Adoption Agreement provided that he or she has satisfied the requirements of the Adoption Agreement. 2.03 Termination of Participation. Participation shall terminate on the earliest of: i) the date an Employee ceases to be an Employee (except as otherwise provided in Section 3.05 for "COBRA coverage"); ii) when an Employee ceases to meet the eligibility requirements of Section 2.01 of this Plan, iii) the date this Plan is amended to exclude the Employee or is terminated; iv) the effective date of the Employee's election not to participate pursuant to Sections 3.03 or 3.04. Subject to any specific limitations for any particular benefit which the Participant has elected: (a) participation shall be continued during a leave of absence for which the Participant continues to receive a salary from his or her employer and (b) participation shall be suspended dudng an unpaid leave of absence. 2.04 Eligibility to Participate in Reimbursement Benefits. An Employee, who is otherwise an Eligible Participant pursuant to Sections 2.01 and 2.02 shall be eligible to receive Medical and/or Dependent Care Expense Reimbursements (if selected by the Employer in the Adoption Agreemen.t) if: i) the additional Eligibility criteda (if any) set forth in the Adoption Agreement for the Reimbursement benefits have been satisfied; and ii) a Salary Redirection Agreement is properly executed and submitted on which the aforementioned benefit(s) have been selected. 5 2.05 Qualifying Leave Under Family and Medical Leave Act. (a) Health Benef'rts. Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying leave under the Family and Medical Leave Act of 1993 (FMLA), then to the extent required by the FMLA, the Employer will continue to maintain the Participant's health insurance benefits and Medical Expense Reimbursement Benefits (if offered under the Plan as set forth on the Adoption Agreement) on the same terms and conditions as if the Participant were still an active Employee. That is, if the Participan elects to continue his or her coverage while on leave, the Employer will continue to pay its share of the contribution. An Employer may elect to continue coverage for Participants while they are on paid leave (provided Participants on non-FMLA paid leave arc required to continue coverage). In the event of unpaid leave (or paid leave where coverage is not required to be continued), a Participant may elect to continue his or her coverage under the Premium Payment and/or Medical Expense Reimbursement Components during the FMLA leave. If the Participant elects to continue coverage while on leave, then the Participant may pay his or her share of the contribution in one of the following ways: (i) with After-tax Premiums, by sending monthly payments to the Employer by the due date established by the Employer; (ii) with Pre-tax Premiums, by having such amounts withheld from his ongoing Compensation (if any) or pre-paying all or a portion of the contribution for the expected duration of the leave as a pre-tax Salary Redirection basis out of pre-leave Compensation. To pre-pay the contnbution, the Participant must make a special election to that effect prior to the date that such Compensation would normally be made available (pre-tax dollars may not be used to fund coverage during the next Plan Year); or (iii) under another agreement agreed upon between the Participant and the Administrator (e.g., the Administrator may fund coverage during the leave and withhold "catch-up" amounts upon the Participant's return on a pre-tax or after-tax basis), if the Employer requires all Participants to continue coverage during the leave, the Participant may elect to discontinue the Participant's required premium until the Participant returns from leave. Upon return from leave, the Participant will be required to repay the contribution not paid by the Participant during the leave. Payment shall be withheld from the Participant's Compensation either on a pre-tax or after-tax basis, as may be agreed upon by the Administrator and the Participant. If a Participant's coverage ceases while on FMLA leave (e.g., for non-payment of required premium), the Participant will be permitted to re-enter the Plan upon return from such leave on the same basis as the Participant was participating in the Plan pdor to the leave, or otherwise required by the FMLA. Employees whose coverage terminated dudng the leave may be automatically reinstated provided that coverage for Employees on non-FMLA leave is automatically reinstated upon return from leave. Notwithstanding the preceding sentence, with regard to Medical Care Expense Reimbursement Benefits, a Participant whose coverage ceased will be entitled to elect whether to be reinstated in the Medical Expense Reimbursement Benefit at the same coverage level as in effect when coverage ceased due to the FMLA leave (with increased contributions for the remaining period of coverage) or at a Medical Care Expense Reimbursement coverage level reduced pro-rata for the pedod of FMLA leave during which the Participant did not make contributions. Under no circumstances will reimbursements be made for claims incurred while Medical Care Expense Reimbursement coverage is not in effect. (b) Non-Health Benefits. If a Participant goes on a qualifying leave under the FMLA, entitlement to non-health benefits, such as Dependent Care Reimbursement Benefits (if offered under the Plan as set forth in the Adoption Agreement), is to be determined by. the Employer's policy for providing such Benefits when the Participant is on non-FMLA leave, as described in Section 2.06. If sucl' policy permits a Participant to discontinue contributions while on leave, the Participant will, upon returning from leave, be required tc repay the contributions not paid by the Participant during the FMLA leave. 2.06 Non-FMLA Leave of Absence. if a Participant goes on an unpaid leave of absence that does not affect eligibility, then the Participant will continue to participate and the contributions due for the Participant will be paid by pre-payment before going on leave, by After-tax Premiums while on leave, or with catch-up contributions after the leave ends, as may be determined by the Administrator. If a Participant goes on an unpaid leave that affects eligibility, the election change rules in Section 3.04 will apply. If such policy permits a Participant to discontinue contributions while on leave, the Participant will, upon returning from leave be required to repay the contributions not paid by the Participant during the leave. ARTICLE III PREMIUM ELECTIONS 3.01 Election of Premiume. A Participant may elect any combination of Pre-tax Premiums or After-tax Premiums to fund any Benefit Plan or Policy available under the Adoption Agreement, provided however, that only Qualified Benefits (other than group term life insurance coverage in excess of $50,000) may be funded with Pre-tax Premiums. Participants may also be permitted to elect additional cash compensation by opting out of certain coverages to the extent described in the Adoption Agreement under "Opt-Out Option". 3.02 Initial Election Period. (a) Currently Eligible Employees. An Employee who is eligible to become a Participant in this Flexible Benefits Plan as of the Effective Date must complete, sign and file a Salary Redirection Agreement with the Plan Administrator during the election period (as specified by the Plan Administrator) immediately preceding the Effective Date in order to become a Participant on the Effective Date. The elections made by the Participant on this initial Salary Redirection Agreement shall be effective, subject to Section 3.04, for the Plan Year beginning on the Effective Date. (b) New Employees and Employees who have not yet satisfied the Flexible Benefit Plan's waiting period. An employee who becomes eligible to become a Participant in this Flexible Benefits Plan after the Effective Date must complete, sign and file a Salary Redirection Agreement with the Plan Administrator dudng the sixty (60) day period prior to the day the Employee first becomes eligible to participate in this Plan. If an employee is eligible to participate in this Flexible Benef'rts Plan on the date he is first hired, a Salary Redirection Agreement must be completed, signed, and filed with the Plan Administrator within thirty (30) days from the date of hire. Except as provided in Section 3.04(b) for HIPAA specia' enrollment rights in the event of birth, adoption, or placement for adoption, the elections made by the Participant on thic initial Salary Redirection Agreement shall be prospectively effective as of the first pay pedod coinciding with or immediate~ following the date that the Salary Redirection Agreement is filed (or if later, the date of the employee's eligibility under the' Flexible Benefits Plan) and, subject to Section 3.04, ending on the last day of the Plan Year in which such participation began. Coverage underthecomponent Benefits Plan or Policies will be effective in accordance with the eligibility requirements contained in such Benefits Plans or Policies. 6 Plandoc '(c) An eligible Employee who fails to complete, sign and file a Salary Redirection Agreement with the Plan Administrator in accordance with paragraph (a) or (b) above dudng an initial election pedod may become a participant on a.later date in accordance with Section 3.03 or 3.04. 3.03 Annual Election Period. Each Employee who is a Participant in this Plan or who is eligible to become a Participant in this Plan shall be notified, prior to each Anniversary Date of this Plan, of his right to become a Participant in this Plan, to continue participation in this Plan, or to modify or to cease participation in this Plan, and shall be given a reasonable period of time in which to exercise such right. Such period of time shall be known as the "annual election pedod". An Election shall be made by submitting a Salary Redirection Agreement to the Plan Administrator during the election period, and shall be effective for the entire Plan Year beginning on the Anniversary Date. A Participant or Employee who fails to complete, sign and file a Salary Redirection Agreement as required by this Section 3.03 shall be deemed to have elected to continue the same coverage's under the Benefit Plans or Policies funded by the same election (e.g., either Pre-tax Premiums or After-tax premiums adjusted to reflect any increase or decrease in premium/cost) then in effect for such Participant or Employee. Notwithstanding the foregoing, annual elections for participation in the Medical Care and Dependent Care Expense Reimbursement Plans must be made by submitting a Salary Redirection Agreement prior to the beginning of each Plan year -- no deemed elections shall occur under such Plans. 3,04 Change of Premium Election. A Participant shall not make any changes to the Pre-tax Premium amount elected under the Plan, or to the Participant's elected allocation of Nonelective Contributions (if applicable), except for election changes permitted under this section 3.04, 2.04, 3.03 and 3.05 herein. Except as provided in Section 3.04(b) for HIPAA special enrollment rights in the event of birth, adoption, or placement for adoption, all election changes shall be effective on a prospective basis only (i.e., election changes will become effective no earlier than the first day of the first pay period coinciding with or immediately following the date that the election change was filed, but, as determined by the Plan Administrator, election changes may become effective later to the extent the coverage in the applicable component plan commences later). (a) Change in Status, A Participant may change his or her actual or deemed election under the Plan upon the occurrence of a Change in Status (as defined in Section 1.06), but only if such election change is made on account of and corresponds with a Change in Status which affects eligibility for coverage under a plan of the Employer or a plan of the Participant's Spouse's, or the Participant's Dependent's employer (referred to as the general consistency requirement). A Change in Status that affects eligibility for coverage under an employer's plan includes a Change in Status that results in an increase or decrease in the number of an Employee's family members (i.e., a Spouse and/or Dependents) who may benefit from the coverage. The Plan Administrator (in its sole discretion) shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a Change in Status. Assuming the general consistency requirement is satisfied, a requested election change must also satisfy the following specific consistency requirements in order for a Participant to be able to alter his or her election based on the specified Change in Status: (1) Loss of Dependent Eligibility. For a Change in Status involving a Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, a Participant may only elect to cancel accident or health insurance coverage for the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements. Canceling coverage for any other individual under these circumstances would fail to correspond with that Change in Status. Notwithstanding the foregoing, if the Participant's Spouse (but not a former Spouse) or the Participant's Dependent becomes eligible for COBRA (or similar health plan continuation coverage under State law) under the Employer's Plan, the Participant may increase his or her election to pay for such coverage. (2) Gain of Coverage Eligibility Under Another Employer's Plan. For a Change in Status in which a Participant, a Participant's Spouse, or a Participant's Dependent gains eligibility for coverage under another employer's cafeteria plan (or another employer's qualified benefit plan) as a result of a change in madtal status or a change in employment status, a Participant may elect to cease or decrease coverage for that individual only if coverage for that individual becomes effective or is increased under the other employer's plan. (3) Special Consistency Rule for Dependent Care Expense Reimbursement Plans. With respect to the Dependent Care Expense Reimbursement benefit when offered by the Plan, a Participant may change or terminate his or her election upon a Change in Status: (i) if such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under an employer's plan; or (ii) the election change is on account of and corresponds with a Change in Status that affects eligibility of dependent care expenses for the tax exclusion available under Code Section 129. (4) Special Consistency Rule for Group Term Life Insurance, Disability and Dismemberment Coverage. For any Change in Status, a Participant may elect either to increase or to decrease group-term life insurance, disability coverage, or accidental death and dismemberment coverage offered under the Plan. HIPAA Special Enrollment Rights, If a Participant, a Participant's Spouse or a Participant's Dependent is entitled to special enrollment dghts under a group health plan as required by HIPAA under Section 9801(f~ of the Code, then a Participant may revoke a prior election for group health plan coverage and make a new election (including an election for Medical Care Expense Reimbursement) provided that the election change corresponds with such HIPAA special enrollment dght. As required by HIPAA, a special enrollment right will adse if: (1) A Participant or Spouse or Dependent declined to enroll in group health plan coverage because he or she had other coverage and eligibility for such other coverage is subsequently lost due to legal separation, divorce, death, termination of employment, reduction in hours, exhaustion of the maximum COBRA period, or the other coverage was non-COBRA coverage and employer contributions for such coverage were terminated; or 7 p~ndoc (2) A new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption, An election to add previously eligible Dependents as a result of the acquisition of a new Spouse or Dependent child shall be considered to b · consistent with the special enrollment right. An election change on account of a HIPAA special enrollment attributable to the birth, adoption, or placement for adoption of a new Dependent child may, subject to the provisions of the underlying group health plan, be effective retroactively (up to 30 days). (c) Certain Judgments, Decrees and Orders. tf a judgment, decree, or order (an "Order") resulting from a divorce, lega' separation, annulment or change in legal custody (including a qualified medical child support order) requires accident o, health coverage (including an election for Medical Care Expense Reimbursement) for a Participant's Dependent child (including a foster child who is a Dependent of the Participant), a Participant may: (i) change his or her election to provide coverage for the Dependent child (provided that the Order requires to the Participant to provide coverage), or (ii) change his or her election to revoke coverage for the Dependent child if the Order requires that another individual (including the Participant's Spouse or former Spouse) provide coverage under that individual's plan and such coverage is actually provided. (d) Medicare and Medicaid. If a Participant, a Participant's Spouse, or a Participant's Dependent who is enrolled in a health or accident plan under this Plan becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security ACt providing for pediatric vaccines), the Participant may prospectively reduce or cancel the health or accident coverage (including an election for Medical Care Expense Reimbursement) of the person becoming entitled to Medicare or Medicaid. Further, if a Participant, a Participant's Spouse, or a Participant's Dependent who has been entitled to Medicare or Medicaid loses eligibility for such coverage, the Participant may prospectively elect to commence or increase the accident or health coverage (including an election for Medical Care Expense Reimbursement) of that individual who loses Medicare or Medicaid eligibility. (e) Change in Cost. The following rules are not applicable to Medical Care Expense Reimbursement Accounts under the Plan: (1) Increase or Decrease for Insignificant Cost Changes. Participants are required to increase their elective contributions (by increasing salary redirections or decreasing cash-out amounts, if applicable) to reflect insignificant increases in their required contribution for their Benefit Plan(s) or Policy(les) and decrease their elective contributions to reflect insignificant decreases in their required contribution. The Plan Administrator in its sole discretion on a uniform and consistent basis will determine whether an increase or decrease is insignificant based upon all the surrounding facts and circumstances, including, but not limited to, the dollar amount or percentage of the cost change. The Plan Administrator, on a reasonable and consistent basis, will automatically effectuate this increase or decrease in affected employees' elective contributions on a prospective basis. (2) Significant Cost Increases. If the Plan Administrator determines that the cost charged to an Employee of a Participant's Benefit Plan(s) or Policy(les) significantly increases dudng a Plan Year, the Participant may either: (i) make a correspondingf prospective increase in his or her elective contnbutions (by increasing salary redirections or decreasing cash-out amounts, i applicable), (ii) revoke his or her election for that coverage, and in lieu there of, receive on a prospective basis coverag~ under another Benefit Plan or Policy that provides similar coverage, or (iii) drop coverage prospectively if there is no oth¢ Benefit Plan or Policy available that provides similar coverage. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, on a uniform and consistent basis, whether a cost increase is significant. (3) Significant Cost Decreases. If the Plan Administrator determines that the cost of any Benefit Plan or Policy significantly decreases dudng a Plan Year, the Plan Administrator may permit the following election changes: (i) Participants who are enrolled in a Benefit Plan or Policy other than the Benefit Plan or Policy that has decreased in cost may change their election on a prospective basis to elect a Benefit Plan or Policy that has decreased in cost, and (ii) Employees who are otherwise eligible under Section 2.01 may elect the Benefit Plan or Policy that has decreased in cost on a prospective basis, subject to the terms and limitations of the Benefit Plan or Policy. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance and on a uniform and consistent basis, whether a cost decrease is significant. (4) Limitation on Change in Cost Provisions for Dependent Care Expense Reimbursement. The above "Change in Cost" provisions apply to Dependent Care Expense Reimbursement only if the cost change is imposed by a dependent care provider who is not a "relative" of the employee (as referenced in 1.125-4(f)(2)(iv)). (f) Change in Coverage. The following rules are not applicable to Medical Care Expense Reimbursement Accounts under the Plan: (1) Significant Curtailment. If coverage is "significantly curtailed" (as defined in subsection (i) below) Participants may elect similar coverage. In addition, as set forth in subsection (ii) below, if the coverage curtailment results in a "Loss of Coverage' (as defined in subsection (iii) below), Participants may drop coverage If no similar coverage is available. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, on a uniform and consistent basis, whether a curtailment is "significant", and whether a Loss in Coverage has occurred: (i) Significant Curtailment Without Loss of Coverage. If the Plan Administrator determines that a Participant's coverage under a Benefit Plan or Policy under this Plan (or the Participant's Spouse's or Dependent's coverage under his or her employer's plan) is significantly curtailed without a Loss of Coverage (for example, when there is a significant increase in the deductible, the co-pay, or the out-of-pocket cost sharing limit under an accident or health plan) dudng a Plan Year, the Participant may revoke his or her election for the affected coverage, and in lieu thereof, prospectively elect coverage under another Benefit Plan or Policy that provides similar coverage. Coverage under a plan is deemed "significantly curtailed" only if there is an overall reductior in coverage provided u .rider the Plan so as to constitute reduced coverage generally. (ii) Significant Curtailment With a Loss of Coverage. If the Plan Administrator determines that a Participan'~ Benefit Plan or Policy under this Plan (or the Participant's Spouse's or Dependent's coverage under his or her employer's plan) is significantly curtailed, and such curtailment results in a Loss of Coverage dudng a Plan Year, the Participant may reVoke his or her election for the affected coverage, and may either prospectively 8 P~andoc elect coverage under another Benefit Plan or Policy that provides similar coverage, or drop coverage if no other Benefit Plan or Policy providing similar coverage is available. (iii) For purposes of this Section 3.04(f)(1), a "Loss of Coverage" means a complete loss of coverage (including the elimination of a Benefit Plan or Policy, an HMO ceasing to be available where the Participant, Participant's Spouse or Dependent resides, or a Participant, Spouse or Dependent losing all coverage under the Benefit Plan or Policy by reason of an overall lifetime or annual limitation). In addition, the Plan Administrator, in its discretion maytreat events described in 1.125-4(f)(2)(ii) as a loss of coverage. (2) Addition or Significant Improvement of a Benefit Plan or Policy. ff during a Plan Year the Plan adds a new Benefit Plan or Policy or significantly improves an existing Benefit Plan or Policy, the Plan Administrator may permit the following election changes: (i) Participants who are enrolled in a Benefit P~an or Policy other than the newly added or significantly improved Benefit Plan or Policy may change their election on a prospective basis to elect the newly added or significantly improved Benefit Plan or Policy, and (ii) Employees who are otherwise eligible under Section 2.01 may elect the newly added or significantly improved Benefit Plan or Policy on a prospective basis, subject to the terms and limitations of the Benefit Plan or Policy. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance and on a uniform and consistent basis, whether there has been an addition or a significant improvement of a Benefit Plan or Policy. (3) Loss of Coverage under other Group Health Coverage. A Participant may prospectively change his or her election to add group health coverage for the Participant, the Participant's Spouse, or the Participant's Dependent, if such individual(s) loses coverage under any group health coverage sponsored by a governmental or educational institution, including (but not limited to) the following: a State children's health insurance program ("SCHIP") under Title XXI of the Social Security ACt; a medical care program of an Indian Tdbal government (as defined in section 7701(a)(4)), the Indian Health Service, or a tribal organization; a State health benefits dsk pool; or a foreign government group health plan, subject to the terms and limitations of the applicable Benefit Plan(s) or Policy(les). (4) Change in Coverage under another Employer Plan, A Participant may make a prospective election change that is on account of and corresponds with a change made under another employer plan (including a plan of the Employer or another employer), so long as: (i) the other cafeteria plan or qualified benef'lts plan permits its participants to make an election change that would be permitted under applicable IRS regulations; or (ii) the Plan permits Participants to make an election for a Plan Year which is different from the plan year under the other cafeteria plan or qualified benefits plan. The Plan Administrator shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a change made under the other employer plan. Any change in an election affecting annual Plan contributions to the Medical or Dependent Care Expense Reimbursement Plans pursuant to this Section also will change the maximum Reimbursement Benefits for the period of coverage remaining in the Plan Year. Such maximum Reimbursement Benefits for the period of coverage following an election change shall be calculated by adding the balance (if any) remaining in each of the Participant's Reimbursement Accounts as of the end of the portion of the Plan Year immediately preceding the change in election, to the total Plan Contnbutions scheduled to be made by the Participant during the remainder of such Plan Year to such Account(s). An employee who is eligible to become a Participant but declined to become a Participant during the initial election period pursuant to Section 3.02(a) or (b) may become a Participant and file a Salary Redirection Agreement within thirty (30) days of the occurrence of an event described in Section 3.04 above, but only if the election under the new Salary Redirection Agreement is made on account of and corresponds with the event (as described above). A Participant otherwise entitled to make a new election under this Section must do so within thirty (30) days of the event (e.g., Change in Status, significant change in cost or coverage, Medicare or Medicaid eligibility, special enrollment right or judgment, decree, or order). Elections made pursuant to this Section shall be effective for the balance of the Plan Year in which the election is made unless a subsequent event (described above) allows a further election change. 3,05 Termination of Election. Except as otherwise provided in Section 2.03, Termination of employment shall automatically revoke any Salary Redirection Agreement. Except as provided below, if revocation occurs under this Section 3.05, no new election with respect to Pre-tax Premiums may be made by such Participant during the remainder of the Plan Year. ARTICLE ~V PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS 4.01 Source of Premium Payments. The Employer shall withhold from a Participant's Compensation on a Pre-tax or After-tax basis (as elected on the Salary Redirection Agreement) an amount equal to the contributions required from the Participant (less any applicable Nonelective Contribution) for coverage of the Participant, or the Participant's Spouse or Dependents, under the Benefit Plans or Policies elected by the Participant and maintained by the Employer as noted in the Adoption Agreement under this Plan. The component Benefit Plans or Policies and required Employee contributions thereunder shall be set forth on an annual schedule and/or disclosed to Participants in enrollment material. Amounts withheld from a Participant's Compensation as Pre-tax Premiums or After-tax Premiums shall be applied to fund benefits as soon as administratively feasible. The maximum amount of Pre-tax Premiums plus any Nonelective Contributions made available by the Employer for the benefit of each Plan Participant shall not exceed the aggregate cost of the benefits elected. 4.02 Allocations Irrevocable During Plan Year. Except as provided in Sections 3,04, 3,05, 4.03 and 4,04, neither: (i) the insurance coverages nor amounts withheld therefore elected under Section 5,01(a), nor (ii) the amount to be credited to a Participant Account dudng the Plan Year pursuant to Sections 4.04 and 4.05, nor (iii) the allocation of such amounts to the appropriate Account(s) of the Participant, can be changed dudng the Plan Year. 4.03 Reduction of Certain Elections to Prevent Discrimination. If the Plan Administrator determined, before or during any Plan Year, that the Plan may fail to satisfy for such Plan Year any requirement imposed by the Code or any limitation on Pre-tax Premiums allocable to Key Employees or to Highly Compensated Individuals, the Plan Administrator shall take such action(s) as he deems appropriate, under rules uniformly applicable to similarly situated Participants, to assure compliance with such requirement or limitation. Such action may include, without limitation, a modification or revocation of a Highly Compensated Individual's or Ke Employee's Salary Redirection Agreement without the consent of such Employee. 4.04 Medical Care Expense Reimbursement. (a) Debiting and Crediting of Accounts. Each Participant's Medical Care Expense Reimbursement Account ("Account") will be credited with amounts withheld from the Participant's Compensation for Medical Care Expense Reimbursement pursuant to the Salary Redirection Agreement. The Account will be debited for reimbursement amounts disbursed to the Participant in accordance with Article V of this document. The entire amount elected by the Participant on the Salary Redirection Agreement as an annual amount for the Plan Year for Medical Care Expense Reimbursement less any reimbursements already disbursed shall be available to the Participant at any time during the Plan Year without regard to the balance in the Account (provided that the periodic premiums have been paid). Thus, the maximum amount of Medical Care Expense Reimbursement at any particular time during the Plan Year will not relate to the amount which a Participant has had withheld up to that time. In no event will the amount of medical expense reimbursement benefits in any Plan Year exceed that annual amount specified for the Plan Year in the Salary Redirection Agreement for Medical Care Expense Reimbursement. Any amount allocated to the account shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide Medical Care Expense reimbursement by the ninetieth (90) day following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset administrative expenses. (b) Source of Payments. All Medical Care Expense Reimbursement benefits derived hereunder shall be paid exclusively from the amounts in each Employee's Medical Care Expense Reimbursement Account funded by amounts withheld from the Employee's wages pursuant to the Salary Redirection Agreement for Medical Care Expense Reimbursement and any Nonelective Contributions allocated thereto. In-the event that an Employee's reimbursement request for Medical Care Expense Reimbursement benefits exceeds the amount currently available in the Employee's Medical Care Expense Reimbursement Account, the Employer shall pay the excess amount up to the amount elected by the Participant on the Salary Redirection Agreement for Medical Care Expense Reimbursement less any reimbursements already disbursed. Future premium payments by the Employee shall then go to the Employer as reimbursement for the money so advanced on behalf of the Employee. (c) Employer Risk. If an Employee terminates employment before the Employer has been reimbursed for the money it has advanced on behalf of the Employee, the entire unreimbursed portion shall be deemed to be an "administrative expense" to be refunded to the Employer by any unused Account balance(s) (if any) as provided in Section 4.04(a). 4.05 Dependent Care Expense ReimbursemenL (a) Crediting and Debiting of Accounts. Each Participant's Dependent Care Expense Reimbursement Accoun ("Account") will be credited with amounts withheld from the Participant's Compensation for Dependent Care Expense Reimbursement pursuant to the Salary Redirection Agreement. The Account will be debited for reimbursement amounts disbursed to the Participant in accordance with Article V of this Plan document, tn the event that the amount in the Account is less than the amount of reimbursable benefit requests at any time during the Plan Year, the excess part of the reimbursement will be carded over into following months (within the same Plan Year), to be paid out as the Account balance becomes adequate. In no event will the amount of Dependent Care Expense Reimbursement benefits exceed the amount withheld pursuant to the Salary Redirection Agreement for any Plan Year. Any amount allocated to the Account shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide Dependent Care Expense Reimbursement for the Plan Year by the ninetieth (90th) day following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset administrative costs. (b) Source of Payments. All Dependent Care Expense Reimbursement benefits derived hereunder shall be paid exclusively from the amounts in each Employee's Dependent Care Expense Reimbursement Account funded by amounts withheld from the Employee's wages pursuant to the Salary Redirection Agreement for Dependent Care Expense Reimbursement, and any Nonelective Contributions allocable thereto. ARTICLE V BENEFITS 5.01 Qualified Benefit~. The maximum benefit a Participant may elect under this Plan shall not exceed the Sum of: (i) the Aggregate Premium for all Insurance Premium Payments under 5.01(a), (ii) the Maximum Medical Care Expense Reimbursement under 5.01(b); and (iii) the Maximum Dependent Care Reimbursement under 5.01(c). The Qualified Benefits available for election are one or more of the following: (a) Insurance Premium PaymenL The Employer shall withhold from a Participant's Compensation an amount equal to the contributions required from the Participant (less any applicable Nonelective contribution) for coverage of the Participant, or the dependent coverage of the Participant's Spouse or Dependents, under the Benefit Plans or Policies elected by the Participant and maintained by the Employer as noted in the Adoption Agreement. The benefits are subject to the terms and conditions of the applicable Benefits Plans or Policies specifically referred to in the Adoption Agreement and incorporated herein into this Plan. (b)' Medicel Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer has elected to maintain; Medical Care Expense Reimbursement Plan, payment shall be made to the Participant in cash as reimbursement for Eligib' Medical Expenses incurred by the Participant or his Dependents w~ile he is an Employee, dudng the Plan Year for which th Participant's election is effective. These expenses must also be expenses which - (1) are not covered, paid or reimbursed from any other source; and (2) meet the cdtena of tax-deductibility as a medical or dental expense under Section 213 of the Code, as amended and the regulations thereunder; and (3) meet any limitations imposed by applicable regulations promulgated under Code Section 125; and (4) will not be taken as a deduction from income on the Participant's Federal income tax return in any tax year; and (5) do not exceed the lesser of: (a) the maximum annual amount allocable to Medical Care Expense Reimbursement specified in the Adoption Agreement, or (b) the annual amount that the Employee has elected to have withheld for Medical Care Expense Reimbursement; less previous Medical Care Expense Reimbursements made during the Plan Year; and (6) are verified in writing to the satisfaction of the Administrator that a covered expense has occurred and the reimbursement for which meet the substantiation requirements of Section 6.11. (c) Dependent Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer has elected to maintain a Dependent Care Expense Reimbursement Plan, payment shall be made to the Participant in cash as reimbursement for Eligible Employment Related Expenses incurred by him or her while an Employee, dunng the Plan Year for which the Participant's election is effective, provided that the substantiation requirements of Section 6.11 have been complied with. No payment otherwise due a Participant hereunder shall exceed that smallest of: (1) the Participant's Earned Income for the applicable month; or (2) the Earned Income of the Participant's Spouse for such month (Note: a Spouse of a Participant who is not employed dunng a month in which the Participant incurs Eligible Employment Related Expenses and who is either incapacitated or a student shall be deemed to have Earned Income in the amount of $200 per month per Qualifying Individual for whom the Participant incurs Eligible Employment Related Expense(s), up to a maximum amount of $400 per month); or (3) the annual amount the Participant has elected to have withheld from his Compensation for Dependent Care Expense Reimbursement less any prior Dependent Care Expense Reimbursements during the Plan Year; or (4) Five Thousand Dollars ($5,000), or, if the Participant is married and flies a separate tax return, Two Thousand Five Hundred Dollars ($2,500) (or any future aggregate limitations promulgated under Code Section 129) less any prior reimbursements during the Plan Year. 5.02 Cash Benefit. Employees who elect not to receive coverage under certain Employer sponsored plans may be entitled to additional cash compensation as described in the Adoption Agreement under "Opt-out Option". To the extent that a Participant does not elect under a Salary Redirection Agreement to have the maximum amount of his Compensation contributed as a Pre-tax Premium or After-tax Premium hereunder, such amount not elected shall be paid to the Participant in the form of normal Compensation payments; provided however, that Nonelective Contributions may not be received in the form of cash compensation. 5.03 Repayment of Excess Reimbursements. If, as of the end of any Plan Year, it is determined that a Participant has received payments under this Plan that exceed the amount of Eligible Reimbursement Expenses that have been substantiated by such Participant during the Plan Year, the Plan Administrator shall give the Participant prompt written notice of any such excess amount, and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of receipt of such notification. 5.04 Termination of Reimbursement Benefits. Coverage under the Medical Care Expense Reimbursement and/or Dependent Care Expense Reimbursement Plan(s) shall cease as of the date on which a Participant is no longer employed by the Company or when a premium payment has not been made for any reason. Provided, however, that Participants shall have the right to submit Claims for reimbursement for Eligible Employment-Related Expenses adsing dudng the Plan Year at any time until ninety (90) days after the end of the Plan Year for which the election had been in effect, and to receive reimbursement hereunder. Participants in the Medical Reimbursement Plan shall have the right to submit claims for reimbursement for Eligible Medical Expense arising during the Plan Year and before the date of separation from service at any time until ninety (90) days after the end of the Plan year for which the election had been in effect, and to receive reimbursement hereunder. Unless a COBRA election is made, Participants shall not be entitled to receive reimbursement for Medical Care expenses incurred after coverage ceases under this Section, and any unused reimbursement benefits at the expiration of the 90-day period following the close of the Plan Year shall be treated in accordance with Sections 4.04 or 4.05. 5.05 Coordination of Benefits Under Health FSA. The Health FSA is intended to pay benefits solely for otherwise unreimbursed medical expenses. Accordingly, it shall not be considered a group health plan for coordination of benef'~ purposes, and its benefits shall not be taken into account when determining benefits payable under any other plan. ARTICLE VI PLAN ADMINISTRATION 6.01 Allocation of Authority. Except as to those functions reserved within the Plan to the Employer, the Plan Administrator appointed pursuant to the Adoption Agreement shall control and manage the operation and administration of the Plan. The Plan Administrator shall have the exclusive right to interpret the Plan and to decide all matters adsing thereunder, including the right to make determinations of fact and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and the Summary Plan Description issued in connection with the Plan. Ail determinations of the Plan Administrator with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan Administrator shall have the following powers and duties: (a) To require any person to furnish such reasonable information as he may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan; (b) To make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for Plandoc the efficient administration of the Plan; (c) To decide on questions conceming the Plan and the eligibility of any Employee to participate in the Plan and to make or revoke elections under the Plan, in accordance with the provisions of the Plan; (d) To determine the amount of benefits which shell be payable to any person in accordance with the provisions of the Plan; to inform the Employer, insurer or Trustee (if any), as appropriate, of the amount of such benefits; and to provide a full fair review to any Participant whose claim for benefits has been denied In whole or in part; (e) To designate other persons to carry out any duty or power which may or may not otherwise be a fiduciary responsibility o~ the Plan Administrator, under the terms of the Plan; (f) To keep records of ail acts and determinations, and to keep all such records, books of account data and other documents as may be necessary for the proper administration of the Plan; (g) To prepare and distribute to all Employees information concerning the Plan and their rights under the Plan; (h) To employ the services of such persons as it may deem necessary or desirable in connection with the operation of the Plan and to rely upon all tables, valuations, certificates, reports and opinions fumished thereby; (i) To do all things necessary to operate and administer the Plan in accordance with its provisions. 6.02 Payment of Administrative Expanses. Unless otherwise indicated In the Adoption ~greemant, all reasonable expenses incurred in administadng the Plan shall be paid by the Employer, provided, however that each Participant shall bear the monthly cost (if any) charged for the maintenance of any Reimbursement Account unless othem~ise paid by the Employer. 6.03 Reporting and Disclosure Obligations. Unless specified othen~ise, it shall be the Employer and Plan Administrator's sole responsibility to comply with all filing, reporting, and disclosure requirements, imposed by the Department of Labor and/or Internal Revenue Service, specifically including, but not limited to creating, filing and distributing Summary Annual Reports, Form 5500s, and Summary Plan Descriptions. Furthermore, the Employer and Plan Administrator shall be required to amend the Plan as is necessary to ensure compliance with applicable tax and other laws and regulations. 6.04 Indemnification. The Plan Administrator shall be indemnified,,. §y the EmploYer ai3ai~st ~aims, and the expenses of defending against such claims, resulting from any action/conduct relating to ~e administration of the Plan except claims arising from gross negligence, willful neglect, or willful misconduct. 6.05 Substantiation of Expensea. Each Participant must submit'a written Request for Reimbursement form to the Plan Administrator to receive reimbursements from his Medical or Dependent Care Expense Reimbursement Account(s), on a form provided by the Plan Administrator accompanied by a wrttten statement/bill from an independent third party stating that the expense has been incurred, and the amount thereof. The forms shall contain such evidence as the Plan Administrator shall deem necess' as to substantiate the nature, the amount, and timeliness of any expenses that may be reimbursed. 6.06 ReimburaemenL Reimbursements shall be made as soon as administratively feasible after the required forms have been received by the Plan Administrator. Reimbursements of less than $15 may be carded forward and aggregated with future reimbursements until the reimbursable amount is greater than $15, provided, however, that the entire amount of reimbursable reimbursements outstanding at the end of the Plan Year shall be reimbursed without regard to the $15 threshold limit. Such forms and documentation must be submitted by the fourth (4th) Friday of the month in order to receNe a reimbursement in the following month. Year-end expense reimbursements must be submitted to the Plan Administrator within 90 days of the close of the Plan Year for which the Salary Redirection Agreement is effective, and during which such expense was incurred, in order to be eligible for reimbursement. 6.07 Annual Statements. The Plan Administrator shall fumish each Participant with an annual statement, showing the amounts paid or expenses incurred by the Employer in providing Medical and/or Dependent Cars Expense Reimbursement during the previous calendar year and the respective Reimbursement Account balance(s) on or before January 31 following the close of the applicable Plan Year. ARTICLE VII FUNDING AGENT 7.01 Funding of the Plan. The Plan shall be funded with amounts withheld from Compensation pursuant to Salary Redirection Agreements and by Nonelective Contributions by the Employer. 7.02 The Employer as Funding Agent. If the Employer is designated the Funding Agent in the Adoption Agreement, the Employer will immediately apply all such amounts, without regard to their source, to pay for the welfare benefits provided in the Adoption Agreement and shall comply with all applicable regulations promulgated by the Department of Labor (*DOL') taking into consideration any enforcement procedures adopted by the DOL. 7.03 Trust as Funding Agent. if a Trust is designated Funding Agent in the Adoption Agreement, an appropriate Trust Agreem- ~ shall be attached at the end of this Plan. ARTICLE VIII CLAIM PROCEDURES 8.01 Application to Plan Benefits. The provisions of this Article do not apply to: (i) claims for benefits under individual policies or (ii) claims for benefits under group policies not subject to ERISA. In the event a claim adses with respect to benef'~ under such policies, the insurer shall be the appropriate named fiduciary for purposes of benefit determinations, and with regard to beneffis under 12 P~n~oc 'such policies, shall have the discretionary authonty to construe and interpret the policies and make factual determinations thereunder. If applicable, these provisions apply to claims for benefits only to the extent that no claims procedure is specified for such benefit in the applicable Benefit Plan or Policy. If a claims procedure is otherwise available under th eapplicable Benefit Plan or Policy, this Article shall not apply to benefits available under this Plan (i.e., such as a determination of: a Change in Status; significant change in premiums charged; or eligibility and participation matters under this Flexible Benefits Plan Document). This Article shall be the claims procedure applicable to the Medical Care Expense Reimbursement and the Dependent Care Expense Reimbursement Plan(s). 8.02 Procedure if Benefits are Denied under the Plan. Any Employee, beneficiary, or his duly authorized representative may file a claim for a benefit to which the claimant believes that he is entitled, but that has been previously denied by the Plan Administrator. Such a claim must be in wdting and delivered to the Plan Administrator in person or by mail, postage paid. Within thirty (30) days after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed fifteen (15) days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect pdor to the expiration of the initial 30-day period. If an extension of time is necessary because the claimant failed to provide sufficient information necessary to decide the claim, the notice of the extension shall describe the required information and the claimant shall have forty-five (45) days from the receipt of such notice to provide the required information. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not furnished in accordance with this Section 8.02, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 8.04 and 8.05. 8.03 Requirement for Written Notice of Claim Denial. The Plan Administrator shall provide a written notice to every claimant who is denied a claim for benefits under this Article. Such written notice shall set forth in a manner calculated to be understood by the claimant, the following information: (a) The specific reason or reasons for the denial; (b) Specific reference to pertinent Plan provisions on~hich the denial is based; (c) A description of any additional material or inforrr~tion necessary for the claimant to perfect the claim and an explanation of why such matedal is necessary; and (d) An explanation of the Plan's claim review procedure. 8.04 Right to Request Hearing on Benefit Denial, Within 180 days after the receipt by the claimant of written notification of the denial (in whole or in part) of his claim, the claimant or his duly authorized representative may make a written application to the Plan Administrator, in person or by certified mail, postage prepaid, to be afforded a review of such denial; may review pertinent documents; and may submit issues and comments in writing. 8.05 Disposition of Disputed Claims. Upon receipt of a request for review, the Plan Administrator shall make a prompt decision on the review matter. The decision on such review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision, specific references to the pertinent plan or insurance policy provisions on which the decision was based, and a description of any voluntary appeal procedures offered by the Plan. The decision upon review shall be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a review. ARTICLE IX AMENDMENT OR TERMINATION OF PLAN 9.0'1 Permanency, While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future business contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 9.02 and 9.03, below. Nothing in this Plan is intended to be or shall be construed to entitle any Participant, retired or otherwise, to vested or nonterminable benefits. 9.02 Employer's Right to Amend. The Employer reserves the dght to amend the Plan at any time and from time-to-time, and retroactively, if deemed necessary or appropriate to meet the requirements of Code Section 125, or any similar provisions of subsequent revenue or other laws, to modify or amend in whole or in part any or all of the provisions of the Plan. All amendments shall be made in writing and shall be approved by the Board of Directors (or a duly authorized officer of the Employer) in accordance with its normal procedures for transacting business. Such amendments may apply retroactively or prospectively. Each Benefit Plan or Policy shall be amended in accordance with the terms specified therein, or, if no amendment procedure is prescribed, in accordance with this section. Any amendment made by the Employer shall be deemed to be approved and adopted by any Affiliated Employer. 9,03 Employer's Right to Terminate, The Employer reserves the right to discontinue or terminate the Plan without prejudice at any time and for any reason without prior notice. Such decision to terminate the Plan shall be made in wdting and shall be approved by the Board of Directors (or a duly authorized officer of the Employer) in accordance with its normal procedures for transacting business. Affiliated Employers may withdraw from participation in the plan, but may not terminate it. 9.04 Determination of Effective Date of Amendment or Termination. Any such amendment, discontinuance or termination shall be effective as of such date as the Employer shall determine. Subject to Sections 4.04(a) and 4.05(a) (if applicable), no amendment, discontinuance or termination shall allow the return to any Employer of any Reimbursement Account balance nor its use for any purpose other than for the exclusive benefit of the Participants and their beneficiaries. ARTICLE X GENERAL PROVISIONS 10.01 Not an Employment Contract. Neither this Plan nor any action taken with respect to it shall confer upon any person the right to continue employment with any Employer. 10.02 Applicable Laws. The provisions of the Plan shall be construed, administered and enforced according to applicable Federal law and the laws of the State of the principal place of business of the Employer to the extent not preempted. 13 P~ndoc 10.03 Post-Mortem Payments. Any benefit payable under the Plan after the death of a Participant shall be paid to his surviving spouse (if any), otherwise, to his estate. If there is doubt as to the right of any beneficiary to receive any amount, the Plan Administrator may retain such amount until the rights thereto are determined, without liability for any interest thereon. 10.04 Nonallenation of Benefits. Except as expressly provided by the Plan Administrator, no benefit under the Plan shall b~ subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to ds so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. 10.05 Mental or Physical Incompetency. Every person receiving or claiming benefits under the Plan shall be presumed to be mentally and physically competent and of age until the Plan Administrator receives a written notice, in a form and manner acceptable to it, that such person is mentally or physically incompetent or a minor, and that a guardian, conservator or other person legally vested with the care of his estate has been appointed. 10.06 Inability to Locate Payee. If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because it cannot ascertain the identify or whereabouts of such Participants or other person after reasonable efforts have been made to identify or locate such person such payment and all subsequent payments otherwise due to such Participant or other person shall be forfeited one year after the date any such payment first became due. 10.07 Requirement for Proper Forms. All communications in connection with the Plan made by a Participant shall become effective only when duly executed on any forms as may be required and furnished by, and filed with, the Plan Administrator. 10.08 Source of Payments. The Employer, the Trust fund (if selected as Funding Agent), and any insurance company contracts purchased or held by the Employer or funded pursuant to this Plan shall be the sole sources of benefits under the Plan, No Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee or beneficiary. 10.09 Multiple Functions. Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. 10.10 Tax Effects. Neither the Employer, its agents, the Plan Administrator, nor the Trustee makes any warranty or other representation as to whether any Pre-tax Premiums made to or on behalf of any Participant hereunder will be treated as excludable from gross income for local, State, or Federal income tax purposes. If for any reason it is determined that any amount paid for the benefit of a Participant or Beneficiary is includable in an Employee's gross income for local, Federal, or State income tax purposes,.. then under no circumstances shall the recipient have any recourse against the Plan Administrator or the Employer with respect to an~ increased taxes or other losses or damages suffered by the Employees as a result thereof. The Plan is designed and is intended t be operated as a "cafeteria plan" under Section 125 of the Code. 10.11 Gender and Number. Masculine pronouns include the feminine as well as the neuter genders, and the singular shall include the plural, unless indicated otherwise by the context. 10.12 Headings. The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder. 10.13 Incorporation by Reference. Except for the Medical and Dependent Care Expense Reimbursement Plan(s), the actual terms and conditions of the separate component Benefit Plans or Policies offered under this Plan are contained in separate, written documents governing each respective benefit, and shall govern in the event of a conflict between the individual plan document, and this Plan as to substantive content. To that end, each such separate document, as amended or subsequently replaced, is hereby incorporated by reference as if fully recited herein. The provisions of the Medical and Dependent Care Expense Reimbursement Plan(s) are reproduced herein, but shall constitute separate plans for purposes of all applicable Code and ERISA provisions. 10.14 Severability. Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. 10.15 Effect of Mistake. In the event of a mistake as to the eligibility or participation of an Employee, orthe allocations made to the account of any Participant, or the amount of distributions made or to be made to a Participant or other person, the Plan Administrator shall, to the extent it deems possible, cause to be allocated or cause to be withheld or accelerated, or otherwise make adjustment of, such amounts as will in its judgment accord to such Participant or other person the credits to the account or distributions to which he is properly entitled under the Plan, Such action by the administrator may include withholding of any amounts due the Plan or the Employer from Compensation paid by the Employer. 10.16 Provisions Relating to Insurers. No insurer shall be required or permitted to issue an insurance policy or contract that is inconsistent with the purposes of this Plan, nor be bound to take any action not in accordance with the terms of any policy or contract with this Plan. The insurer shall not be deemed to be a party to this Plan, nor shall it be bound to interpret the construction or validity of the Plan. The insurer shall be protected from its good faith reliance on the written representations and instructions of the Truste,= and the Plan Administrator, and shall not be responsible for the initial or continued qualified status of the Plan. 14 P~andoc 10.17 Forfeiture of Unclaimed Reimbursement Account Benefits. Any Reimbursement Account benefit payments that are unclaimed (e.g., uncashed benefR checks) by the close of the Plan Year following the Plan Year in which the Health or Dependent Care Expense was incurred shall be forfeited. ARTICLE Xl CONTINUATION COVERAGE UNDER COBRA The following provisions shall be applicable to the Medical Care Expense Reimbursement Plan, and any other group health plan (as defined by Code Sections 4980B and 5000(b)(1) and the regulations promulgated thereunder) subject to COBRA that does not otherwise contain COBRA provisions. As noted in Section 11.05, COBRA coverage need not be extended to certain Health Care Expense Account Participants. The intent of this Article is to extend continuation rights required by COBRA. To the extent greater rights are provided for hereunder, this Article shall be void. 11.01 Continuation Coverage after Termination of Normal Participation. During any Plan Year during which the Employer is subject to Code Section 4980B, each person who is a Qualified Beneficiary shall have the right to elect to continue coverage under the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) upon the occurrence of a Qualifying Event that would otherwise result in such person losing coverage hereunder. Such extended coverage under the plan is known as "Continuation Coverage". 11.02 Who is a "Qualified Beneficiary". A "Qualified Beneficiary" is any person who is, as of the day before a Qualifying Event: (a) an Employee of the Employer (including persons who are considered to be "employees" within Code Sec. 401(c), directors and independent contractors) covered under a health plan offered under the Plan as of such day (such persons are called "Covered Employees"), (b) the Spouse of the Covered Employee, or (c) a Dependent of the Covered Employee. A Covered Employee can be a Qualified Beneficiary only if the Qualifying Event consists of termination of employment (for any reason other that gross misconduct) or reduction of hours of the Covered Employee's employment. A child born to or placed for adoption with a Covered Employee during Continuation Coverage will also be a Qualified Beneficiary. A retiree or other former Employee actively participating in the Plan by reason of a previous period of employment will be treated as a "Qualified Beneficiary". 11.03 Who is not a "Qualified Beneficiary". A person is not a Qualified Beneficiary if, as of such day, either the individual is covered under the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) by virtue of the election of Continuation Coverage by another person and is not already a Qualified Beneficiary by reason of a prior Qualih/ing Event, or is entitled to Medicare coverage under Title XVIII of the Social Security Act. Furthermore, an individual who fails to elect Continuation Coverage within the election period provided in Section 11.07, below, shall not be considered to be a Qualified Beneficiary. 11.04 What is a "Qualifying Event". Any of the following shall be considered as a "Qualifying Event": (a) death of a Covered Employee; or (b) termination (other than by reason of gross misconduct) of the Covered Employee's employment or reduction of hours of employment; or (c) divorce or legal separation of a Covered Employee's spouse; or (d) a Covered Employee's becoming entitled to receive Medicare beneffis under Title )(VIII of the Social Secudty Act; or (e) a dependent child of a Covered Employee ceasing to be a Dependent. In the case of any person treated as a "Covered Employee" but who is not a common-law employee, termination of "employment" means termination of the relationship that originally gave rise to eligibility to participate in the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA). 11.05 COBRA Not Applicable to Certain Health Care Expense Account Participants. In accordance with IRS regulations, COBRA continuation coverages will not be offered to Medical Care Expense Account Plan participants under certain circumstances: (a) Unavailability of COBRJ~, in Plan Year in Which Qualifying Event Occurs. COBRA continuation coverage will not be offered to a Qualified Beneficiary in the Plan Year in which the Qualifying Event occurred if: (1) Conditione in 1t.05(b) are Satisfied. The Medical Care Expense Account Plan satisfies the conditions set forth in Section 11.05(b); and (2) Health Care Expense Account has a Deficit at the Time of the Qualifying Event. Taking into account all claims submitted on or before the date of the Qualifying Event, the Qualified Beneflciary's remaining Medical Care Expense Account balance for the Plan Year is less than the maximum required COBRA premiums for the rest of the year (i.e., the Medical Care Expense Account is in a deficit position). (b) Unavailability of COBRA in Subsequent Plan Years, COBRA continuation will not be offered to a Medical Care Expense Account Participant in any Plan Year following the Plan Year in which the Qualifying Event occurs (thus even if COBRA is offered for the year in which the qualifying event occurs, the COBRA coverage will cease at the end of the year and cannot be continued for the next plan year); (1) Health FSA ia Exempt from HIPAA. The Medical Care Expense account is exempt from HIPAA (i.e., a major medical plan is available in addition to the Medical Care Expense Account, and the Medical Care Expense Account benefit does not exceed two times the salary redirection or, if greater, the salary redirections plus $500); and (2) COBRA Premiums Equals or Exceeds Medical Care Expense Account Benefit. If for the plan year in which the Qualifying Event occurs, the maximum amount the Qualified Beneficiary could be required to pay for a full year of Medical Care Expense Account COBRA coverage equals or exceeds the maximum benefit available to the Qualified Beneficiary for the plan year. The Plan Administrator will notify Medical Care Expense Account Participants as to their COBRA eligibility (if any). 11.06 What Benefit is Available under Continuation Coverage. Each person who is eligible to elect to continue coverage under Article XI shall have the nght to continue the level of coverage in effect for the Covered Employee on the day before the Qualifying Event (or a lesser level of coverage). If a Qualified Beneficiary of another group health plan maintained by the Employer is prevented from receiving a previous level of Benefits due to a change in plan Benefits or plan termination, such individual will be entitled to elec any available level of coverage under the Medical Care Expense Reimbursement Plan, A premium for Continuation Coverage shall be charged to Employees and Qualified Beneficiaries in such amounts and shall be payable at such times as ara established by the Plan Administrator and permitted by applicable law. 11.07 Notice Requirements: (a) When an Employee becomes covered under this Medical Care Expense Reimbursement Plan (or any other group health plan subject to COBRA), the Plan Administrator must inform the Participant (and spouse, if any) in writing of the rights to continued coverage, as described in Article Xl. (b) The employer shall give the Plan Administrator (if different from the Employer) written notice of a Qualifying Event within thirty (30) days of the occurrence thereof. (c) Within fourteen (14) days of receipt of the Employer's notice, the Plan Administrator shall furnish each Qualifying Beneficiary with written notification of the termination of regular coverage under the Medical Care Expense Reimbursement Plan (or any other group health plan subject to COBRA), as well as a recital of the rights of any such Beneficiary to elect Continuation Coverage, as required by Code Sec. 4980B and ERISA Sec. 601, in accordance with the terms of this Plan. (d) In the case of a Qualifying Event described in Section 11.04(c) or (e), a Covered Employee or a Qualified Beneficiary who is a Spouse or Dependent of such Employee must notify the Plan Administrator within sixty (60) days of the occurrence thereof. The Plan Administrator shall give written notification of Conversion Coverage rights to any other affected Qualified Beneficiaries within fourteen (14) days of receipt of the notice described in this Section 11.07(d). Notwithstanding any of the foregoing, notification to a Qualified Beneficiary who is a Spouse of a Covered Employee is treated as notification to all other Qualified Beneficiaries residing with that person at the time notification is made. 11.08 Election Period. Any Qualified Beneficiary entitled to Continuation Coverage shall have 60 days from the date of the notice required by Section 11.06, in the case of occurrence of a Qualifying Event, in which to return a signed election to the Plan Administrator indicating the choice to continue benefits under this Plan. 11.09 Duration of Continuation Coverage. Except as otherwise provided in this Plan, Continuation Coverage shall extend for a period of 18 months after the date that regular coverage ceased due to occurrence of the initial Qualifying Event described in Section 11,04(b), unless dudng such 18-month period a subsequent, Qualifying Event occurs, in which case, another election to extend coverage for 18 months shall be available to the Beneficiary. Except as otherwise provided in this Section, in the case of a Qualifying Event not described in Section 11.04(b), Continuation Coverage shall extend for a period of 36 months after the date that regula~ coverage ceased due to the occurrence of the Qualifying Event. If a Qualified Beneficiary who is determined, under title II or XVI ¢ the Social Secudty Act to have been disabled at any time during the first 60 days of COBRA coverage, the Continuation Coverage with respect to such event shall extend for all Qualified Beneficiaries within the same family for a period of 29 months after the date that regular coverage ceased due to the occurrence of the Qualifying Event if a Qualified Beneficiary has provided notice of such determination within sixty (60) days after the date of such determination and before the end of the initial 18 month Continuation Coverage pedod. In the event a Covered Employee becomes entitled to Medicare coverage, the period of Continuation Coverage for a Qualified Beneficiary, other than the Covered Employee for such Qualifying Event or any subsequent Qualifying Event, shall not terminate for a pedod of 36 months from the date the Covered Employee becomes entitled to Medicare benefits. In no event, however, shall Continuation Coverage extend more than 36 months beyond the date of the odginal Qualifying Event. '11.10 Automatic Termination of Continuation Coverage. Continuation Coverage shall automatically cease if: (a) the Employer no longer offers the particular group health coverage to any of its employees (b) the required premium for Continuation Coverage for a particular coverage is not paid within 30 days of the date due or within 45 days after the initial election of Continuation Coverage made pursuant to Section 11.08 (whichever is later), (c) an electing Qualified Beneficiary becomes covered under another group health plan other than a group health plan which may limit a Qualified Beneficiary's coverage because it involves a pre-existing condition, or (d) an electing Qualified Beneficiary becomes eligible to receive benef~ under Medicare. IN WITNESS WHEREOF, the Employer has executed this Flexible Benefits Plan, Medical Care Expense Reimbursement Plan, and/or Dependent Care Expense Reimbursement Plan (as noted in the Adoption Agreement), the date and year first written below, to be effective as sat forth in the Adoption Agreement. WITNESS: Employer: By: Title: Date: Corporate Officer 16 Pandoc A~OPTION AGREEMENT FOR: CITY OF BOYNTON BEACH FLEXIBLE BENEFITS PLAN ESTABLISHMENT OF THE PLAN The Employer named below established as set forth herein, a Flexible Benefits Plan (the "Plan") as of the Effective Date consisting of this Adoption Agreement, the Plan Document and the Benefit Plans and Policies specifically referred to herein including the Dependent Care Expense Reimbursement Plan and/or a Medical Care Expense Reimbursement Plan. The purpose of the Flexible Benefits Plan is to provide eligible Employees a choice between cash and the specified welfare benefits described in this Adoption Agreement. Pre-tax Premium elections under the Plan are intended to qualify for the exclusion from income provided in Section 125 of the internal Revenue Code of 1986. EMPLOYER INFORMATION 1) Name and Address of Employed CITY OF BOYNTON BEACH Plan Administrator: CAROL CHEEK 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 2) Employer Telephone Number: (561) 742-6278 3) Employer's Federal Tax ID Number: 59.6000282 4) 125 Start Date: 10101102 5) Effective Date of the Plan: 10101102 6) Last Day of the Plan Year: 09130103 Subsequent Plan Years: 10/01-09130 7) Name and Address of the Plan CLAIMS PROCESSOR: FLEX ONE Service Provider: 1932 WYNNTON ROAD COLUMBUS, GA 31999 8) Name and Title of Registered Agent for CAROL CHEEK Service of Legal Process: HR COORDINATOR 9) Affiliated Employers which will Participate in the Plan: 10) Employer's Type of Business: CORPORATION All Employees employed by the Employer shall be eligible to participate under the Plan exceot the following: (Describe) An eligible Employee may become a Participant in the Plan: ( ) Immediately, upon the first day of employment (but not prior to the Effective Date of the Plan). ( ) On the day following commencement of employment. ( X ) On the first day of the month following 30 days of employment. ( ) OTHER provided the Employee completes a Salary Redirection Agreement. However, eligibility for coverage under any given Benefit Plan or Policy shall be determined by the terms of that Benefit Plan or Policy, and reductions of the Employee's Compensation to pay Pre-tax or After-tax Premiums shall commence when the Employee becomes covered under the applicable Benefit Plan or Policy. An eligible Employee may become a Participant in the Dependent Care and/or Medical Expense Reimbursement Plan(s) (if elected below): ( ) On the same day such Employee is eligible for the Pre-Tax Premium benefits under the Plan. ( ) On the day following commencement of employment. ( ) On the first day of the month following days of employment. ( ) OTHER provided the Employee completes a Salary Redirection Agreement selecting such benefits. BENEFITS PROVIDED UNDER THE PLAN The Employer elects to offer to eligible employees the following Benefit Plans and Policies subject to the terms and conditions of the Plan. These component Benefit Plans and Policies are specifically incorporated herein by reference. The maximum Pre-tax Premiums a Participant can contribute via the Salary Redirection Agreement is the aggregate cost of the applicable Benefit Plans or Policies selected minus any Non-elective Contribution made by the Employer. It is intended that such Pre-tax Premium accounts shall, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for State insurance law purposes. Copies of the Benefit Plans or Policies (or a list of eligible Policy numbers) shall be attached as an appendix to this Plan. ( X ) Group Medical Coverage ( X ) Vision Care Coverage ( ) Disability Income-Short Term (A&S) ( X ) Cancer Insurance ( X ) Group Dental Coverage ( ) Group Term Life Insurance ( ) Disability Income-Long Term (LTD) ( X ) Intensive Care Insurance ( X ) Accident Insurance ( X ) Hospital Indemnity Insurance (HIP) ( ) Specified Health Event ( ) Personal Sickness Indemnity (PSI) ( X ) Medical Care Expense Reimbursement described in Section 5.01(b) of the Plan, not to exceed $ 2,500 per Plan Year pursuant to the CITY OF BOYNTON BEACH Medical Care Expense Reimbursement Plan. ( X ) Dependent Care Expense Reimbursement described in Section 5.01(c) of the Plan not to exceed $5,000 per Plan Year or $2,500 for married filing separate returns pursuant to the CITY OF BOYNTON BEACH Dependent Care Expense Reimbursement Plan. ( ) Opt-out Option: Additional taxable compensation for certain participants who opt-out of certain coverages (as described in enrollment materials). THE FUNDING AGENT The Employer selects the following Funding Agent for the Plan (check one): The Employer, which will comply with the requirements of Section 7.02 of the Plan. The Flexible Benefits Trust created concurrently with the execution of the Plan, which shall receive contributions under the Plan in accordance with Section 7.03 of the Plan. ADMINISTRATIVE EXPEN$1~ Administrative Expenses incurred in operating the Plan shall be paid by (check one): The Employer, except as otherwise noted in the Plan. The Participants, except as otherwise noted in the Plan. 18 P~ar~oc EMPLOYER'S ACKNOWLEDGMENT As evidenced by the formal execution of this Adoption Agreement, the undersigned Employer adopted and established this Plan on the Effective Date as the Flexible Benefits Plan of the undersigned Employer. In doing so, the undersigned Employer acknowledges that this Adoption Agreement and this Plan are important legal instruments with significant legal and tax implications. The Employer also acknowledges that it has read this Adoption Agreement and the Plan in their entirety, has consulted independent legal and tax counsel other than representatives of Amedcan Family Life Assurance Company of Columbus (AFLAC®), to the ex"tent considered necessary, and accepts full responsibility for participation of Employees hereunder and the operation of the Plan. The Employer acknowledges that as Plan Sponsor and the Plan Administrator it shall have sote responsibility to comply with all filing, reporting and disclosure requirements imposed by the Department of Labor, Internal Revenue Service, or any other government agency, specifically including, but not limited to, creating and filing Form 5500s and preparing and distributing Summary Plan Descriptions. Furthermore, the Employer further acknowledges that it shall bear sole responsibility for amending the Plan as necessary to ensure compliance with applicable tax, labor, and other laws and regulations. Employer acknowledges receipt of the checklist of Plan Sponsor Responsibilities included in the Plan Document Request form and has agreed to the obligations set forth therein. It is also understood and agreed that American Family Life Assurance Company of Columbus (AFLAC) and its Subsidianes, agents, and representatives are not providing legal or tax advice to the undersigned Employer in connection with this Plan and that no representations are made by it with respect to the operation of the Flexible Benef~s Plan pursuant to the sample documents provided by American Family Life Assurance Company of Columbus (AFLAC) to the Employer. This Plan shall be construed and enforced according to the Internal Revenue Code of 1986, as amended from time to time, the applicable regulations thereto and the laws of the State of the principal place of business of the Employer. IN WITNESS WHEREOF, the Employer has caused this Plan and Adoption Agreement to be executed on the day of to ratify the adoption of the Plan adopted and effective as of the Effective Date. WITNESS: Employer: By: Title: Date: Corporate Officer RESOLUTION ADOPTING A FLEXIBLE BENEFITS PLAN The undersigned hereby cert~es that the following described Resolution was officially and legally adopted at the duly authorized official meeting of the body with legal authonty (hereafter "Authority") to pass said Resolution. Said meeting was held on the date set forth below. WHEREAS, the Authority wishes to adopt a cafeteria plan within the context of Section 125 of the Internal Revenue Code for the benefit of the employer's eligible employees. NOW, THEREFORE, BE IT RESOLVED, that the Authority hereby adopts the Flexible Benefits Plan (consisting of the flexible benefits plan document, the Adoption Agreement, and component benefit plans and Policies) for the Employer named herein below effective as of the date specified in the Adoption Agreement. RESOLVED FURTHER, that any officer of the employer may, without a further resolution, execute the Adoption Agreement and any related documents or amendments which may be necessary or appropriate to adopt the plan or maintain its compliance with applicable Federal, State and local law. Name: Body With Legal Authority of Employer To Pass Resolution: (Examples - Board of Directors, Board of Commissioner, etc.) Date of Official Meeting of Authority at which Resolution was Legally Passed: Signature of Person with Authority to Certify that Resolution was Legally Passed Corporate Secretary Print Name and Title of Person above [ OFFICIAL SEAL ] Date: *Note: Legal requirements for a valid Board of Directors Resolution vary from State to State. This document is merely a suggested form. Each Employer should consult with its own legal counsel to ensure compliance with applicable law. 20 P~ndoc VII.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Admimstrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal '~- [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: · Resolution authorizing the release of a cash bond of $550.00 to Wm. Thies & Sons, Inc. for the project known as William Thies & Sons, Inc. EXPLANATION: On August 12, 2002, the Building Division sent to the Finance Department a cash bond of $5 50.00 for the completion of the permitted work at William Thies & Sons, Inc. (1111 NW 22nd Avenue). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVE~e It ])ILl) Quintu~.~. G'r~en[,-D~v~l~pmeht Director City'Manager's Signature Development Department ~A/~0, ~.1 ~'~','~ (~;; :~ Department Name ff- ' City Atto~'y / Finance / Human Resources S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF SURETY AND REFUND OF CASH BOND, IN THE AMOUNT OF $550.00, TO WM. THIES & SONS, INC., FOR THE PROJECT KNOWN AS WILLIAM THIES & SONS, INC., AND PROVII)ING FOR AN EFFECTIVE DATE. WHEREAS, the developer for the project known as Wm. Thies & Sons, Inc., paid a cash surety deposit in the amount of $550.00 to secure the completion of a security system; and WHEREAS, the Building Department has completed it's final inspection, and a Certificate of Occupancy has been issued; 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, upon the recommendation of staff, hereby approves the release of the cash bond in the amount of ;550.00 to Wm. Thies & Sons, Inc., for the project known as William Thies & Sons, Inc.. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2002. CITY OF BOY'NTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: City Clerk S:\CALRESOXLetters of CreditLRelease of Cash Bond-Thies.doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-195 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official DATE: September 12, 2002 RE: RETURN OF CASH BOND - WILLIAM THIES & SONS, INC. 1111 NW 22~D AVENUE On August 12, 2002, we sent you a memo (copy attached) regarding a cash bond of $550.00 for the completion of the permitted work at the above address. The work has been completed and the final Certificate of Occupancy has been issued. Therefore, please return the bond to Wm. Thies & Sons, Inc. Attached is a Direct Payment Requisition and Agenda Item Request Form. 3J:rs Attachments XC: Timothy K. Large, Building Code Administrator Bruce E. Mills, Executive VP/Wm. Thies & Sons; 791 Park of Commerce Blvd., #300; Boca Raton Permit File # 02-1892 S:\Development\Building Div~Documents~Vlemos in Word\Cash Bonds - 2002~.Retum of Cash Bond - Wm Thies & Sons 02-1892.doc DIRECT PAYMENT REQUISITION PLEASE RETURN CHECK TO RUTH SCIRI~ IN BUILDING DIV. Please issue a check in the amount of $ 550.00 To: Wm. Thies & Sons, Inc. Attn: Bruce Mills 791 Park of Commerce Blvd., Suite 300 Boca Raton, FL 33487 For: Return of cash bond for the completion of permitted work at William Thies & Sons, Inc. The final C.O. has been issued. Requested by Department of Development Date September 12, 2002 Approvals: ~j~,~/,MC- FUND DEPT BASIC' ELE OBJ AMOUNT Secti°nAdmin"Do/n ohns 001 0000 220 99 00 550.00 Finance Dept. City Manager 550.0C rs Attachments\Memo # 02-195, 02-176, Agenda Item Request Form and letter from Bruce Mills S:\Development\BUILDIN(ABuilding Div\Documents\Memos in ~brd\Cash Bonds - 2002\Cash Bond Return-V~n Thies & Sons.doc Wm. Thies & Sons (561)237-1404 Bruce E. Mills Executive Vice President September 10, 2002 City of Boynton Beach Building Department Boynton Beach, FL To Whom It May Concern: On August 12, 2002 Wm. Thies & Sons paid a cash surety deposit to the City of Boynton Beach to secure the completion of our security system by our contractor. We were informed that once all construction was completed we would be given a permanent Certificate of Occupancy and the surety deposit would be returned. This letter is our former request for the return of our surety deposit. Please mail check to: Wm. Thies & Sons, Inc. Attn: Bruce Mills Suite791 Park300 of Commerce Blvd ..~ Boca Raton, Florida 33487 Thank you, CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE OF OCCUPANCY P E R M A N E N T Issue Date ...... 9/09/02 Parcel Number ..... 08-43-45-17~09-000-0360 Property Address !!1t ~& 22ND AVE BOYNTON BEACH FL 33426 Subdivision Name Legal Description QUANTUM PARK AT BOYNTON BEACH PL 3 LT 36 Propermy Zoning .... PLANNED INDUSTRIAL DEV. Owner ......... GATEWAY BUSINESS PARK L.C. Conuractor ...... GLOBAL CONSTRUCTION ASSOCIATES 954 971-9500 Application nun%ber 02-00001892 000 000 Descript~ion of Work INTERIOR COMPLETION Construcqion type TYPE IV/! HOUR PROTECTED Occupancy type .... BUSINESS Flood Zone ...... Special conditions WM THIES & SONS INCj~ ~ / Approved ....... Buii~/hg Official VOID UlXTLESS SIGNED BY BUILDING OFFICIAL. DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-176 TO: Diane Reese, Finance Director FROM: Timothy K. Large, Building Code Administrato~ DATE: August 12, 2002 SUBJECT: CA. SH BO~'D - WILLIAM THIES & SONS, INC. - 1111 NX~,' 2250 AVENUE Attached is a check for S550.00 from William Thies & Sons, Inc. This is a cash surety for William Thies & Sons, Inc. and is to be held until all outstanding issues of their temporary, Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. TK.L:rs Attachments/letter from Peter Con-ales and check XC: Timothy K. Large, Building Code Administrator Permit File # 02-1892 SgDevelopmentkBuilding DivkDocumentskMemos in WordX.Cash Bonds - 2002'Cash Bond - Wm Th/es & Sons 02-1892.doc Nm. Thies & Sons, Inc. ,,,:a ~aron, FL 33437 OISCOUNT 3~,'L2,'02 ~ P~2MZT 254134 ~ 55,3. 33 ~ .3,3 55C.~' 08/12/02 76679 54096 J J 550 . O0 O. 00 550.0O  Wm. Thies & Sons, Inc. ~ST ~ON NATIONAL 63-643/670 966 791 Park of Commerce 81vd. Suite 300 BANK OF ~O~A Boca aaron, FL 33a87 ~. LAUDERDALE. FL 33301 DATE08/k2/2002 CHaCKNU~SEa 76579 <ACTLY **NONE** ***FIVE* ***FIVE* ***NO*** ***NO*** *******550 . O0 LEGAL SALE OF BEER HAS MADE THIS PAYMENT POSSIBLE ~ rD rile OaOER o~ CITY OF BOYNTON BEACH, ~/ ~ / ,"OT~?q,," ':O r= ?OO r= L, iE,:2Bq&&Ok?L,[, ~ECU~I~ FE.e, TURES INCLUOE9. DETAILS ON ~ACK. CITY OF BOYNTON BEACH 2 5 3 4 5 Boynton Beach, Florida ifi, DEPARTMENT ,,- i ~.~ ?~-,~: ."-: ,.. , ,2. u ,4 .f../..,., ~ f~ ~ DOLLARS FOR ~ ~,( ~ ' ': Ru~ 12 02 04: 4Sp Carrales Group corrales _ _ group architects August 12~h, 2002 City of Boynton Beach Building Department Boynton Beach, FL RE: William Thies & Sons; 1111 NW 22''a Ave. Boynton Beach The purpose of this letter is to inl:brm the Building Department of Boynton Beach, that as the design professional o£ t/tis project, we are aware & approve tbr Allis Communications whom is contracted with Gateway Communications to complete the low voltage wiring for William Th/es and Sons offices at 1 ! I 1 NW 22"d Ave. in Boynton Beach. A permit was issued for this work under master permit number 02 ~ 892. Currently, Allis Communications is in thc process of removing an existing telephone system From the Thies facility at 1355 NW 26t" Street in Wilton Manors with the plan to install this same customer owned system at the Boynton Beach location on or about August 19~', 2002. Allis Communications will be charging William Thies an installation charge of $500.00 for this work and William Thies & Sons has agreed to post a bond of $500.00 in order to secure a temporary Certificate of Occupancy until all work by Allis Communications is completed and a final electrical inspection is completed. President 300 cc~orate ,boulevard. n. w, suite ! 45, boca rat'on, tlon'Ca 3343 ? · 561 -995-6 700 /:ax 56 i -99,.5-1998 ALLIS COMMUNICATIONS Tom P. StiDp Telepr~one 1..8(X)-741-5011 15567 74 lh Avenue Nodh Fax 1 °56 !-74,34~ 13 Palm 8eac~ Gardens, FL 33418-7473 August 12, 2002 City of Boynton Beach Building Depart Boynton Beach, FL Allis Communications contracted with Gateway Communications to complete the Iow voltage widng for Wm Thies and Sons office at 1111 NW 22nd Avenue in Boynton Beach. A permit was issued for this work under master permit number 021892. We are currently in the process of removing an existing telephone system from the Thies facility at 1355 NW 26th Street in Wilton Manors with the plan to install this same customer owned system at the Boynton Beach location on or about August 19, 2002. We will be charging Thies an installation charge of'$500 for this work and Wm Thies and Sons has agreed to post a bond of $550 to secure a tempora~ Certificate of Occupancy until our work is completed and a final electrical inspection is completed. Tom Stipp gILDING DIVISION YVm. Thies & Sons 791 Park of Commerce Blvd. Suite 300 Boca Raton FL 33487 Bruce £. Hills Executtve VP August 12, 2002 City of Boynton Beach Planning & Zoning Dept. To Whom It May Concern: Pursuant to our lease from Premier Commercial Realty for the property at 1115 Gateway Blvd.; this letter is to inform you that we have contracted Allis Communication to install our telephone system which we are transferring from our Fort Lauderdale warehouse. The mount of the install is $500.00. If you have any further concerns or questions, please do not hesitate to contact me at 561/237-1404. Thank you for your prompt attention to this matter. !-~ ~ ~ Sincerely, Executive VP -! · .J BUILDING DiVIS~i , VII.-CONSENT AGENDA CITY OF BOYNTON BEAC[. ITEM D.1. AGENDA ITEM REQUEST FOI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 15, 2002 City Co,,,,,ission Agenda under Consent Agenda, to be timed with the final approval of the corresponding application for the Quantum Park D1LI NOPC/Master Plan Amendment #13. The Planning and Development Board with a 6 to 1 vote recommends that the subject request, including waivers, be approved, subject to changes in staff comments and waivers as documented in the conditions of approval. In summary, recommended changes clarify that certain conditions will be satisfied at time of Technical Site Plan review, add a buffer wall as a condition of a waiver request, reduce the waiver request to decrease the northern buffer (5 feet to 14 feet), and omit the condition requiring tower and roof articulation details on the townhomes. For further information, see attached Department of Development Memorandum No. PZ 02-192. EXPLANATION: PROJECT: QUANTUM PARK AND VILLAGE LOT 89B (SBMP 02-003) AGENT: Sara Lockhart - Calvin, Giordano & Associates, Inc. OWNER: Quantum Limited Partners, LLC LOCATION: North of Gateway Boulevard, East of High Ridge Road DESCRIPTION: Request for Master Site Plan Approval with waivers for 39 fee-simple townhouse units on 3.99 acres in the Quantum Park DRI. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ ~ Deve~ ~t ~epartment Director 'Clty~lqlanager's S~gnamre Planning and Zon~'g°Director City Attorney / Finance / Human Resources S:LPlanning~HARED\WPLPROJECTS\Quantum Park & Village~SBMP 02-003 lot 89L~kgenda Item Request Quantum Pk & Village Lot 89B 10-1-02.dot S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-192 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION September 18, 2002 DESCRIPTION OF PROJECT Project Name/No.: Quantum Village at Quantum Park Lot 89B - Master Site Plan (SBMP 02-003) Property Owner: Quantum Associates Applicant/Agent: Westbrook Companies, Inc. / Sara Lockhart with Calvin, Giordano & Associates, Inc. Location: Quantum Park Lot 89B Land Use/Zoning: Industrial/Planned Industrial Development (PID) Quantum Park PID Master Plan Land Use is Office / Industrial (OI) Proposed Land Use: Proposed Master Plan Use designation is Mixed Use (MU) Type of Use: 39 Townhouse Units Project size: 3.996 acres Adjacent Uses: (see Exhibit "A" - Location Map) North Developed Boynton Beach Distribution Center (Manufacturing use, zon~ Light Industrial (M-l) with an Industrial (I) land use classification; South Quantum Park Lot 90 (Office use, zoned PID with a Office / Industrial (OI) land use option), farther south is Quantum Park Lot 91 zoned PID with a Office / Industrial / Commercial (OIC) land use option, East - Quantum Park Lot 90, zoned PID with a Tri-Rail Governmental / Institutional land use option) and Quantum Park Lot 90 (Office use, zoned PID with a Office / Industrial land use option); and West Quantum Park Lot 89A (Manufacturing use, zoned PID with a Office / Industrial (OI) land use option), High Ridge Road right-of-way and farther west is Quantum Park Lots 86 and 87 (SBMP 02-002) zoned PID with a Mixed Use (MU)land used option. Site Characteristics: The subject site is on the east side of High Ridge Road approximately 420 feet north of Gateway Boulevard (see Exhibit "A" - Location Map). The lot is heavily vegetated with different varieties of trees. According to the survey, the site contains Florida Slash Pine, Cabbage Palms, Florida Sand Pine, various Oak trees, and exotic or unknown species. The entire property is located within the South Florida Water Management District (SFWMD) C-16 Basin and within the Lake Worth Drainage District (LWDD). A Florida Power & Light easement traverses along the northern property line. The Engineering Division will review any request to relocate or abandon all on-site easements (see Exhib;* "D" - Conditions of Approval). * Proposal: The applicant, Westbrook Companies, Inc. is proposing to construct 39 fee-simple Page 2 Quantum Village at Quantum Park Lot 89B Master Site Plan Staff Report Memorandum No. PZ 02-192 townhouse units on 3.996 acres. The types of townhouses on this lot will be the same as proposed on Quantum Lots 83 through 88 (a.k.a. Quantum Park & Village North). The subject Quantum Park lot currently has a Master Plan land use option of Office / Industrial (OI). Residential units are not permitted under the current use category. Therefore, the approval of this Master Plan is contingent upon approval of the request for Notice of Proposed Change NOPC #13, to change the use option on the Master Plan from (OI) to Mixed Use (MU) (see Exhibit "D" - Conditions of Approval). A Master Site Plan was submitted in accordance with Chapter 2, Section 7, P. and constitutes this review (see Exhibit "B"). The Master Site Plan is conceptual, establishing the general development parameters for the project. According to the overall site plan, no phase lines are indicated. Should NOPC #13 and this Master Plan be approved, a more detailed Technical Site Plan will be required at a later time. The Technical Site Plans will only be reviewed by the TRC and receive a Development Order from the Development Director. Only at that time will the applicant will be able to apply for building permits. Neither the Planning & Development Board nor the City Commission will review or approve the Technical Site Plans. Concurrency: a. Traffic - A revised traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for approval. The County has not issued an approval letter for the project. The project must meet the Palm Beach County Traffic Performance Standards prior to receiving a building permit (see Exhibit "D" - Conditions of Approval). b. Drainage- Conceptual drainage information was provided for the City's review. According to the drainage certification, the subject property has legal positive outfall to the LWDD E-4 Canal. The City of Boynton Beach Engineering Division is recommending that the review of specific drainage solutions be deferred until time of Technical Site Plan submittal. Driveways: This development will have one (1) point of vehicular ingress / egress to High Ridge Road. It will have two (2) lanes of ingress and one (1) lane of egress and be divided by a landscaped median. The landscape median will be approximately 16 feet in width. The ingress lanes will be a total of 22 feet in width (11 feet for each lane) and the egress lane will be 12 feet in width. This would be a gated access drive. All entrances would have adequate pavement markings and appropriate signage for safety purposes. Parking Facility: The required parking for the residential portion of the project (39 townhouse units) is based upon the formula of two (2) spaces per each townhouse for a total 78 parking spaces. The site plan (sheet "SP-1) shows that each townhouse unit will have a one-car garage. The plan also shows that 29 townhouse units will have driveways that will accommodate one (1) parked vehicle and 10 driveways that will accommodate two (2) parked vehicles (see Exhibit "D" - Conditions of Approval). The space provided in front of the enclosed garages however, will be three (3) feet narrower than the required 12 feet of width required for these types of spaces. This waiver was approved with the site plan for the Villas at Quantum Lake / Quantum Park and Village South and proposed in the Master Site Plan for Quantum Park and Village North. Staff supports this waiver request in connection with the justification accepted for similar projects, provided that the area immediately adjacent to this area is clear of obstruction and flush with the driveway to allow for free and safe movement around Page 3 Quantum Village at Quantum Park Lot 89B Master Site Plan Staff Report Memorandum No. PZ 02-192 vehicles. In all, the development will have a total of 91 parking spaces, or an excess of ', spaces. The dimensions of the standard 90-degree guest parking spaces 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. Landscaping: The landscaping proposed for the site is conceptual. Detailed landscape plans will be required with the submittal of a Technical Site Plan for each phase (see Exhibit "D" - Conditions of Approval). The conceptual landscape plan does include a list of plant material that may be used on site. According to the landscape plan, the subject lot will have 13 different categories of landscape material. The landscape material proposed on the subject lot will be the same material used on the Quantum Park and Village North (SBMP 02-002) project, directly to the west of High Ridge Road. The 13 categories are as follows: Mahogany tree, Royal palm, East Lake Palatka Holly, Live Oak, Silver Buttonwood, Royal Poinciana, Pigeon Plum tree, Japanese Fern tree, Sabal Palm tree, Alexander Palm (triple and double), Carpentaria Palm (double), and Coconut Palms. The applicant is requesting two (2) waivers related to the north landscape buffer. The requests for buffer waivers are summarized in the Recommendation paragraph. Staff is recommending denial of the waivers. According to Chapter 7.5, Article II, Section 4.P, at least 50% of the landscape material must be native species. The landscape plan tabular data must indicate the number of native plants (see Exhibit "D" - Conditions of Approval). Building and Site: The City Commission adopted Ordinance No. 00-52 amending the Land Developme Regulations Chapter 2, Section 7, Planned Industrial Developments to allow mixed use pods in a PID. The ordinance outlines special submission requirements, procedures for review, and for waivers from standard development regulations. This application is considered a "Master Site Plan" as defined by the ordinance. A total of four (4) waivers are requested in conjunction with this submittal. The list of proposed waivers is located on site plan sheet "SP-I". Justification for all waivers was submitted as required (see Exhibit "C"). All other building and site regulations will be met when staff comments are incorporated into the permit drawings. Community Design: The project is proposing 39 units to be dispersed throughout five (5) different buildings. As proposed, each building will have a mixture of the number of units, although the standard will consist of two (2) different types of models. According to the residential site plan (sheet "SP-I"), there are two models (Model "A" and Model "B") and their reverse. The net density will be 9.76 units per acre. The code requires that there be a 25-foot separation between the buildings. The applicant is requesting a waiver to reduce the building separation from 25 feet to 20 feet. However, at this time, no buildings are proposed closer than 25 feet from each other. The configuration and distance of between each building may be subject to change during Technical Site Plan review process, requiring the buildings to be closer than 25 feet from each other. Staff would support this waiver request should it be necessary because the intent of the 25-foot building separation requirement was for industrial buildings in the PID zoning district. The two (2) story townhouses will be nearly 28 feet in height. According to the residential elevation (sheet "A-3"), the exterior of the buildings will have a stucco finish and "Spanis' Tile" roofing. The colors will range from Sherman Williams' white, tan, and go~. (Restoration Ivy SW #6413, Roycroft Suede SW #2842, Rookwood Antique Gold SW #2814, and Rockwood Terra Cotta SW #2803). To maximize design compatibility, the Page 4 Quantum Village at Quantum Park Lot 89B Master Site Plan Staff Report Memorandum No. PZ 02-192 townhomes of this project should also be enhanced and modified to be consistent with Building "E" of the Quantum Park and Village North project (see Exhibit "D" - Conditions of Approval). Sidewalks are provided throughout the development as well as lush landscaping around the buildings, the recreation facilities (located off-site) and common areas. Staff understands that the pool and recreation area on Quantum Park Lot 86 is intended to serve the residents of this community. Signage: No additional project signage is proposed with this submittal. Signage for this project will be submitted separately for approval. (see Exhibit "D" - Conditions of Approval). RECOMMENDATION: Quantum Park Lot 89B has the DRI Master Plan use classification of Office / Industrial. Staff does not support converting the land use from (OI) to Mixed Use (MU). Staff's justification for denial of this request is explained in more detail in the NOPC #13 staff report. Staff also recommends that this site plan request be denied due to remaining outstanding issues itemized in Exhibit "D" - Conditions of Approval. Should the NOPC #13 be approved, however, the applicant is requesting four (4) waivers from the Land Development Code with this Master Site Plan approval. Staff would support approval of all waivers, except for the waivers related to the buffer width. The buffer waivers that staff objects are listed below: · Land Development Regulations Chapter 2, Section 7.H.16 - Requesting Waiver of 10 feet to allow a reduction in the rear yard setback from 30 feet to 20 feet; and · Land Development Regulations Chapter 2, Section 7.H.17 - Requesting Waiver of 20 feet to allow a reduction in the peripheral buffer from 25 feet to 5 feet along the northern property line. Staff recommends denial of this waiver request due to the abutting incompatible land uses. As proposed, the northern perimeter buffer would be reduced in the areas where the proposed residential townhouses would directly abut industrially zoned property. The Boynton Beach Distribution Center directly abuts the subject property to the north. Ed Carey Design, Inc., a manufacturing business, is directly to the west. The two aforementioned industrial buildings would be too close to the proposed townhouses should the townhouses encroach into the required buffers. Furthermore, the required rear setback for the industrially zoned property (M-l) is only 20 feet. The Land Development Regulations do not address situations where industrial zoned properties abut other industrially zoned properties that contain residential land uses such as in this case. The townhomes would be 20 feet from the north property line and the extent of their rear yard would only be 5 feet from the north property line. If Quantum Park Lot 89B is developed for residential use, it must meet the buffer requirements of the Quantum Park Peripheral Landscape Buffer Plan and the PIE) buffer requirements in the Land Development Regulations. No waivers for buffer width should be allowed. If the Master Site Plan is approved, the Technical Review Committee (TRC) recommends that the deficiencies identified in Exhibit "D" be corrected on the set of plans submitted for Technical Site Plan approval and building permit. ',c: Central File ,-,.\Planning~SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-003 lot 89~taff Report.~oc Location Map QUANTUM LOT 89-B --~ ~- --'- .... ~Q' GATEWAY BLVD~ EXHIBIT "B" ~/ ~-'~--: .... ~-:-~ .................... I I !~ ~ I I I I I I I I I I I I I I I I I I I I I I I I ~ I I I I ~1 I I -- I ]~ I I I I I - I I I ]1 I I I I ~ ; I EXB'iiSiT ",~." EXHIBIT. 'l E~" '. , , t--XHlh'3t [ "B", EXHIBIT "B" VILLAGE AT BOYNTON BEACH\CADD FILES\DRAWtNGS\LV-L. ND$CAPF._8~B.DWG, 9/IZ/ZO0; 9:05:1/, AN '!;,'ii,! , EXHIBIT "C" Calvin, Giordano g Associates. Inc. Engineers Surveyors Planners July 17, 2002 Mr. Michael Rumpf, Director .... Planning and Zoning Department ~ .. City, of Boynton Beach 100 E. Boynton Beach Blvd. - West Wing Bo.vnton Beach, FL. 33435 RE: REQUEST FOR WAIVERS - QUANTUM VILLAGE AT QUANTUM PARK (RESIDENTIAL PORTIONS OF LOTS MU 83-88, ALL OF LOT 89B) Dear Mr. Rumpf: Pursuant to the City of Boynton Beach Code of Ordinances - Part m - Land Development Regulations - Chapter 2- Zoning, Section 7- Planned Industrial Development District, and Chapter 2, Section 11 - Supplemental Regulations, waivers arc hereby requested for Quantum Village at Quantum Park. The waivers will pertain to lots MU 83 through MU 88, located north of Gateway Boulevard, west of High Ridge Road, and Office/Indus~al Parcel 89B, located north of Gateway Boulevard, east of High Ridge Road. A Notice of Proposed Change and Master Plan Amendment have been filed simultaneously with thc City to convert Parcel 89B from office to mixed use. BACKGROUND/HISTORICAL PETITION INFORMATION..: Quantum Park is a Development of Regional Impact approved in 1984. Thc Development Order granted for the park has been amended since its original adoption. Thc amendment that allows residential land uses within thc Park is Amendment No. 10 that "simultaneously increased thc commercial intensities and decreased thc office and industrial intensifies. The simultaneous increasing and decreasing of the land use intensities resulted in no additional regional impact most notably by not increasing thc total traffic generated" (Quantum Park Annual Status Report - March 2002). Parcels MU 83 through MU 88 have Master Plan approval that will allow development of the proposed commercial and residential land uses. Thc commercial land uses will face Gateway Boulevard and thc balance of thc property will be developed as towahomcs. Thc action required by City Council to accomplish this request is granting of the waivers outlined later in this letter. A master plan amendment and Notice of Proposed Change have been submitted for Parcel 89B that need to be approved prior to the granting of waivers to allow thc townhomes proposed for thc parcel. Reolv to: WAIVERS ~ SUPPORTING JUSIFICATION,:. . tsoo E~ze~ Dn,.e Below is a list of the waivers and supporting justification from the City, of Boynton Beach su,,e ~o Code of Ordi~ces Pmm- Land Development Regulations Chapter 2 - Zoning, Section 7 Fort Lauderdale, Honda 33316 (954) 921-7781 -- Planned Industrial Development District and Sect/on 11 - Supplemental Design Standards, (954) 9Zlo8807 560 Village Boulevard Suite 340 West Palm Beach, F~odda 33409 {561) 684-6161 {561) 684-6360 fax Mr. Michael Rumpf, Director ,- ' ' City. of Boymon Beach i Page 2 :oo2 EXHIBIT "C" Part III - Ch. 2, Section 7 - H. Design Criteria: 15. Distance between buildings: Waiver of 5 feet to allow a reduction in the minimum distance from 25 feet to 20 feet. This waiver applies only to Parcel MU 87. Justification: This is a residential pod that would typically be subject to thc regulations contained in the R-3 Multifamily Zoning District, which requires only a twenty-foot minimum building separation. The twenty five foot building separation required in thc PIDD applies to industrial or commercial buildings that are allowed by Code a greater Floor Area Ratio and building height that what is contemplated with this two story town home development. It is also important to note that thc City's code contemplated the separation would apply to buildings being on thc "same lot or parcel of land" whereas the town homes will be fee simple ownership. The town house design presented based upon the twenty-foot separalion is typical for a residential project, and in some jurisdictions, less building separation is actually required. Part III - Ch. 2, Section 7 H. Design Criteria: 16. District setbacks: Waiver of 10 feet to allow a reduction in thc rear yard setback from 30 feet to 20 feet. This waiver applies only to Parcel 89B. Justification: This waiver will apply to fourteen town homes located along the north property line of Parcel 89B. Thc reduction in width is located on the rear property line in a remote area of the overall project. This reduction is therefore the least disruptive to the design of the overall project, which provides for greater open space and building separation in other areas of thc parcel. Thc adjacent land uses already exist and screening of the town homes from those adjacent uses has been addressed in thc landscape plan by the provision ora wall and landscape material. p ~ . art III - Ch. 2, Section 7 H. I)e~sigza.C._riteria: 17: Peripher. ai-tn,a~nbelt- Justification: Lots MU 83, 87 and 88 are adjacent to an area that carries a non-conforming residential zoning district although the underlying Comprehensive Plan land use designation is Industrial. Thc purpose of thc 40-foot buffer was to shield thc residential land uses located on thc west property linc of thc Park from future residential development. Thc anticipated development pattern for thc Park was non- residential; however, changes made to thc DRI Master Plan now allow 'residential land uses within thc park reducing the potential for land use conflicts along thc perimeter of thc park that the forty foot buffer requirement was supposed to address. Although the future land use desi~ation of the parcel adjacent to MU 83, 87 and 88 is industrial, it is questionable if thc property will actually develop as such based upon the amount of land area that remains within Quantum Park that is more readily available. The north property linc of Parcel 89B would normally require a 25 foot buffer. The reduction of the buffer width reduce~ the potential for other waivers within thc parcel, such as building setbacks or parcel setbacks. The uses adjacent to the park in this area have already been established and thc town homes can be adequately screened as depicted on the landscape plan. ,~. Michael Rumpf, Director Page 3 July 17, 2002 Part III Chapter 2, Section 11 - Supplemental Regulations, H. Provision of off-street parking spaces - No. 2 Waiver of 3 fcct to allow a reduction in the minimum 12-foot width required for thc fLrst parking space (applies to MU 83 through MU 88 and Parcel 89B) Justification: This regulation requires thc first required parking spaces that are not within a garage to be a minimum of twelve feet in width. It is questionable if this provision should apply. The regulation states that "for all rcquircd residential district parking spaccs not within an enclosed garage, thc first parking space shall be a minimum of twelve feet". All of thc town home units have a single car gazag¢. Therefore, the parking space outside of thc garage is technically thc second space. Notwithstanding this variation, a waiver is requested that reduces the "first space" to 9 feet in width for units that have a single car driveway in front of thc garage. Thc three-foot reduction allows for more open space and landscaping in thc front yard, enhancing the overall appearance of thc community. Thc single car driveway provides sufficient maneuvering area beCause thc length of thc space is twenty feet, which is two feet longer than required by code. This allows thc vehicle to be situated fully within thc driveway, and prevents any overhang of thc vehicle into thc sidewalk. Since these are private driveways, there is not turnover of vehicles using thc space. It should also be noted that a portion of the units have been designed with a 19 foot wide drive aisle and therefore thc waiver will not pertain to all of thc spaces. ff you have any questions regarding this request for waivers, please call mc. Best regards, C LV , & ssocax zs, n c. Sam Lo~ AICP Planning Adminiatx~tor EXHIBIT "D" Conditions of Approval Project name: Quantum Village ~ Quantum Park Lot 89B File number: SBMP 02-003 Reference: 2nd review plans identified as Subdivision Master Plan with a September 5, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, a Permit to Construct within the Public Right- X of-Way, issued by the Engineering Division of Public Works, will be required for work on Gateway Boulevard. Permits may also be required from Palm Beach County and the Quantum Park POA for work on High Ridge Road and Gateway Boulevard. 2. At the time of technical site plan review, relocate the "transition" (three to two-lane northbound) on High Ridge Road (adjacent to Lot 89B) north, so that the three-lane section extends to the north property line of Lot 89B. This is to prevent turning movement and stacking conflicts for X traffic entering the east and west residential developments. Show proposed off-site roadway improvements (signing, striping, curb, curb & gutter, pavement, etc.) for High Ridge Road and Gateway Boulevard. 3. At the time of technical site plan review, extend the medians on High Ridge Road and, as necessary, on Gateway Boulevard, in accordance with X FDOT specifications to l~uide traffic into the [~roposed in~ress lanes. UTII,ITIES Comments: 4. At the time of technical site plan review, the LDR, Chapter 3, Article IV, X Section 3.0 requires master plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this proiect. FIRE Comments: COA 09/25/02 DEPARTMENTS INCLUDE REJECT 5. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 feet apart and the remotest part of any structure shall be no more than 200 feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 6. 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. 7. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Attached) 8. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-g.3. POLICE Coan~ients: None ENGINEERING DIVISION Comments: 9. Provide a list of all easements within the project(s), including legal X descriptions that will require abandonment for review and approval. BUII~DING DIVISION Comments: 10. Identify within the site data the finish floor elevation (lowest floor X elevation) that is proposed for the/each 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 3 ! of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall add 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 COA 09/25/02 3 DEPARTMENTS INCLUDE REJECT 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). 11. On the drawing titled site plan, identify and label the symbol that X represents the property line. 12. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 13. At time of permit review, submit for review an addressing plan for the X pro,~ect. PARKS AND RECREATION Comments: 14. Since this development is classified as a single family attached X development, the City charges the applicant a Park and Recreation Impact fee of $771.00 per dwelling unit. The fee for the 39 units would be $30,069. Payment shall be made prior to the issuance of an applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 15. The applicant should provide a flora and fauna survey of the property. X 16. The applicant should provide a tree survey of the property. X 17. The applicant should provide a tree management plan indicating the trees X that will be preserved, relocated and removed/replaced on the site. This information should be indicated on the Landscape Sheet L-1. PLANNING AND ZONING Comments: 18. The approval of this master plan is contingent upon approval of the X COA 09/25/02 4 DEPARTMENTS INCLUDE REJECT request to change the DRI Master Plan designation to Mixed Use (MU) in NOPC # 13. 19. The required backup dimension for 90-degree parking spaces is 27 feet. X The residential portion of the site plan shows that the backup area for the guest parking will be accomplished via the development's internal roadway, which is only 22 feet wide. Revise the plan so that the dimension is 27 feet in order to comply with Engineering Drawing No. B- 90013. The project will require public notices and advertisement of any new waiver request (if the backup dimension remains at 22 feet in width). 20. Prior to building permit, applicant must submit Technical Site Plans for X each phase (Chapter 2, Section 7.P.). 21. Submit an Environmental Assessment Study at the time of Technical Site X Plan review. 22. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section l l.H.2. - Requesting Waiver of 10 feet to allow a reduction in the rear yard setback X from 30 feet to 20 feet. WAIVER REQUESTED. JUSTIFICATION PROVDED FOR THIS CODE DEVIATION. STAFF RECOMMENDS DENIAL OF WAIVER REQUEST. 23. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section l l.H.2. - Requesting Waiver of 20 feet to allow a reduction in the peripheral buffer X from 25 feet to 5 feet along the northern property line. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. STAFF RECOMMENDS DENIAL OF WAIVER REQUEST. 24. Approval of this project is contingent upon the granting of a waiver from X the Land Development Regulations Chapter 2, Section l l.H.2. - Requesting Waiver of three (3) feet to allow reduction in the minimum 12 feet width required for the first parking space not within an enclosed garage. This area should be fr~ from obstruction to allow for free and safe movement around vehicles. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. 25. The applicant is requesting approval for a waiver from the Land X Development Regulations Chapter 2, Section 7.H.15 - Requesting Waiver of five (5) feet to allow a reduction in the minimum distance between buildings, from 25 feet to 20 feet. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. COA 09/25/02 5 DEPARTMENTS INCLUDE REJECT 26. On sheet "SP-I" tabular data, indicate that 29 units (rather than 30 units) X will have l-car driveways and change its corresponding number of provided parking spaces. 27. Final landscaping will be determined at the time of technical site plan X approval for each phase. 28. The north and west landscape buffers of the proposed project must be X consistent with the adopted Quantum Park buffer plan (i.e. tree species, quantity, planting pattern). X 29. Provide a letter of approval from the Quantum Park Architectural Review (satisfied) Committee prior to the Planning & Development Board meeting. 30. On the site plan, indicate the easement location and submit for a replat, if X required by the Engineering Division. 31. Prior to the issuance of any permits, the Palm Beach Traffic Division X must approve the traffic study. 32. The residential site plan (sheet SP-1) tabular data should indicate the X dimensions of the outdoor patio area. This may impact the impervious / pervious area when the project is eventually built-out. In addition, the plan should show the outline of each concrete patio. The tabular data on the site plan should itemize the percentage of impervious area for the concrete patio at built-out. 33. No signage is shown on the plans. Project signage will require separate X review and approval of the Planning & Development Board. At this time, all signage must be consistent with the master sign program for Quantum Park. 34. No specifications were given for the landscape material. The landscape X material used must meet the minimum specifications as required in Chapter 7.5 of the Land Development Regulations. 35. According to Chapter 7.5, Article l/, Section 4.P, at least 50% of the X landscape material must be native species. The landscape plan tabular data must indicate the number and percentages of native plants (see Exhibit "D" - Conditions of Approval). 36. If approved, staff recommends that the residential component be designed more architecturally compatible with the character of "Building "E" (i.e. with the addition of towers and more diverse roof articulation, similar X window style and size variations, the use of awnings, shutters). The open walls along the side / rear portions of the residential facades should be enhanced accordingly with (he addition of score lines or other design COA 09/25/02 § DEPARTMENTS INCLUDE REJECT accents. ADDITIONAL PLANNING & DEV~I,OPMENT BOARD COMMENTS: Conm~ents: 37. Revise # 2 to read: At the time of technical site plan review, re!ccate X redesign the "transition" (three to two-lane northbound) on High Ridge Road (adjacent to Lot 89B) north. This is to prevent taming movement and stacking conflicts for traffic entering the east and west residential developments. Show proposed off-site roadway improvements (signing, striping, curb, curb & gutter, pavement, etc.) for High Ridge Road and Gateway Boulevard. 38. Revise # 3 to read: At the time of technical site plan review, extend the medians on High Ridge Road and, as necessary, cn in accordance with FDOT specifications to guide traffic into the proposed ingress lanes. 39. Revise # 9 to read: At time of Technical Site Plan Review, provide a list X of all easements within the project(s), including legal descriptions that will require abandonment for review and approval. 40. Revise # 16 to read: At the time of Technical Site Plan review, the X applicant should provide a tree survey of the property. 41. Approval of waiver from the Land Development Regulations Chapter 2, X Section 11 .H.2. to allow a reduction in the rear yard setback from 30 feet to 20 feet subject to addition of 6 foot high masonry wall with clustering of palms along north boundary. (See # 22) 42. Approval of a waiver from the Land Development Regulations Chapter X 2, Section I 1 .H.2. - to allow a reduction in the peripheral buffer from 25 feet to 14 feet along the northern property line. (See # 23) 43. Prior to the issuance of any building permits, the Palm Beach Traffic Division must approve the traffic study. X 44. Revise # 36 to read: If approved, staff recommends that the residential X component be designed more architecturally compatible with the character of "Building "E" (i.e. with the addition of similar window style and size variations, the use of awnings, shutters). The open walls along the side / rear portions of the residential facades should be enhanced accordinl~l¥ with the addition of score lines or other desil~n accents. ADDITIONAL CITY COMMISSION COMMENTS: Comments: COA 09/25/02 7 DEPARTMENTS I iNCLUDEI REJECT1 45. To be determined. I MWR/elj S:~lanning~SHARED\WP\PROJECTS\QuantumPark & Village\SBMP 02-003 lot 89\COA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Village at Quantum Park Lot 89B APPLICANT: Sara Lockhart with Calvin, Giordano & Associates, Inc., agent for Westbrook Companies, Inc. APPLICANT'S ADDRESS: 560 Village Boulevard, Suite 340 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2002 TYPE OF RELIEF SOUGHT: Master Site Plan approval LOCATION OF PROPERTY: Quantum Park DRI Lot 89B DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, FIodda appearing on the Consent Agenda on the date above. The City Commission hereby 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, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Quanturn Park & Village\SBMP 02-003 lot 89\DO.doc VII.-CONSENT AGENDA ITEM D.2. CITY OF BOYNTON BEACI: AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's O£fice Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Consent Agenda. The City Commission tabled this request to the October 15, 2002 meeting, to allow stafftime to estimate road improvement costs and prepare a recommendation for payment of same. For further information pertaining to the request, see attached Department of Development Memorandum No. PZ 02-180. EXPLANATION: PROJECT: NEW ALLIANCE HAITIAN CHURCH (NWSP 01-008) AGENT: Alfi'ed Daise OWNER: New Alliance Haitian Church LOCATION: Hoadley Road (east side, south end) DESCRIPTION: Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Develop~t~Sel~art~ent l~trector ' ~' ~ l~Ianager's Signature planmng and Zottdn~ Director City Attorney / Finance / Human Resources S:XPlanningXSHARED\WPXPROJECTS\New Alliance Haitian Church~genda Item Request New Alliance Haitian Church NWSP 01-008 10-15-02.dot S:~BULLETINLFORMSL,kGENDA ITEM' REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-180 SITE PLAN REVIEW STAFF REPORT PLANNING & DEVELOPMENT BOARD AND CITY COMMISSION September 11,2002 DESCRIPTION OF PROJECT Project Name/No.: New Haitian Alliance Church / NWSP 01-008 Property Owner: New Alliance Haitian Church Applicant: Alfred Daise with Daise Management Corporation Location: East side of Hoadley Road, approximately 850 feet south of Old Boynton Road Land Use: Low Density Residential (LDR) Zoning: Single-family Residential (R1AA) Project size: Site Area: 82,871 square feet (1.9 acres) Pervious Area: 47,502 Lot Coverage Area: 5,146 square feet (6.21%) Number of seats: 240 seats Adjacent Uses: (see Exhibit "A" - Location Map) North: Developed single-family homes with a Low Density Residential (LDR) land use classificatio~ and zoned Single-Family Residential (R-1AA); South: Canal right-of-way, father south is commercial development with a Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3); East: Canal right-of-way, farther east is developed single-family homes with a Low Density Residential (LDR) land use classification and zoned Single-Family Residential (R-1AA); West: Hoadley Road right-of-way, farther west is a developed commercial plaza (Winn-Dixie) with a Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3). , Proposal: Alfred Daise with Daise Management Corporation proposes to construct a one-story 5,146 square foot church with 240 seats on a 1.9-acre parcel. All site development will occur in one phase. A church (place of worship) is a permitted use in the R-1AA zoning district. Site Characteristics: The subject parcel is comprised of two (2) square-shaped lots located on the east side of Hoadley Road near the terminus of the right-of-way. The vacant lots are undeveloped, relatively flat in contour, and vegetated by field grasses. The site contains a scrub oak, several Cabbage palms, and a Strangler Fig. Several unidentified trees are located along and outside the west property line. The parcel is nestled in an area dominated by single- family homes. According to the survey, the asphalt of the right-of-way stops short of the subject property. The developer will be required to extend the asphalt of the Hoadley Road right-of-way. The existing width of the Hoadley Road right-of-way is 30 feet. By today'.' standards, this type of roadway (classification - local road) requires the right-of-way to be 50 feet in width. The actual pavement of Hoadley Road from Old Boynton Road to the subject property varies in width but is approximately 18 feet wide as it approaches the subject Page 2 New Alliance Haitian Church Site Plan Review Staff Report Memorandum No. PZ 02-180 property. Therefore, approval of this project is contingent upon the granting of a variance to reduce the required width of the right-of-way from 50 feet to 30 feet in conjunction with the request for a sidewalk waiver (see Exhibit "C" - Conditions of Approval). If the sidewalk waiver were approved, it would eliminate three (3) conditions of approval (Conditions #3 through #6). Concurrency: a. Traffic - 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 determined that the project would generate less than 200 new daily trips, and therefore, meets the Traffic Performance Standards of Palm Beach County. b. Drainage- Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. Driveways: The subject property fronts on Hoadley Road. Two (2) points of ingress / egress are proposed on Hoadley Road. Each point of ingress / egress will be 23 feet in width and separated approximately 180 feet from each other. The location of the entrances was determined to be in the optimal locations to allow for emergency and / or service vehicle ingress / egress. Both entrances will have adequate pavement markings and appropriate signage for safety purposes. Parking Facility: Parking required for a place of worship is based on either one (1) parking space per 100 square feet of gross floor area or one (1) space per four (4) seats in the auditorium, whichever is more stringent. The more restrictive parking methodology will be based upon the total number of seats. A total of 63 parking spaces will be required for the project (includes office area). The proposed site plan provides a total of 63 parking spaces. The parking lot would surround the north and west sides of the building. Of the 63 parking spaces, three (3) spaces are designated for handicap use. All handicap spaces would be situated in close proximity to the building entrances in order to satisfy American with Disabilities Act (ADA) requirements. All new standard parking spaces will be angled 90 degrees. The dimensions of the standard parking spaces 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. According to the site plan, the backup distance for the parking spaces and drive aisles will be 27 feet in width as required by code. Landscaping: The proposed pervious or "green" area of the lot will be 4.7,502 square feet or 57.326% of the total site. Much of the pervious area along Hoadley Road and to the south of the building will be used for water retention purposes. The west landscape buffer (adjacent to Hoadley Road) will be approximately 40 feet in width. The landscape plan proposes five (5) Live Oak trees and three (3) clusters of Sabal Palm trees. In addition, two (2) Yellow Elder trees (signature tree) will be located on both sides of the project's entrances. A row of Viburnum and Blue Plumbago shrubs with clusters of Schefflera arboricola will be planted within this west landscape buffer. The southern landscape buffer will basically contain 40 Slash Pine trees. No vehicular use areas are proposed along the southern perimeter, which abuts a canal and commercial Page 3 New Alliance Haitian Church Site Plan Review Staff Report Memorandum No. PZ 02-180 property. However, four (4) Live Oak trees and a row of Redtip Cocoplum hedges ar~ proposed along the east side of the parking lot and drive aisle (in the southern portion of the site). Staff recommends extending the Redtip Cocoplum hedges northward to the church's main east-west walkway to provide more vegetation in front of the church (see Exhibit "C" - Conditions of Approval). The landscaping around the building will consist of a cluster of three (3) Viburnum hedges, two (2) Pygmy Date palms, two (2) Hibiscus trees, two (2) Crape Myrtle trees, and a row of Redtip Cocoplum Hedges. The north and east landscape buffers will be 20 feet in width. The north buffer will contain a landscape berm with a row of Viburnum hedge and Areca palm trees. In addition, six (6) Mahogany trees will line the northern landscape buffer. This plant material will serve as a significant buffer between the subject property and the single-family home to the north. The east buffer will have a row of Simpson Stopper hedge and six (6) Sweet Mahogany trees (see Exhibit "C" - Conditions of Approval). According to the landscape plan, all trees will be installed at least 15 feet from all outdoor freestanding lighting fixtures. Building / Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-stow church building will have an overall height of 23 feet - four (4) inches. The maximum allowed height in the R-1AA zoning district is 30 feet. The building will be 59 feet - six (6) inches in length and 94 feet - four (4) inches in depth. Community Design: As proposed, the exterior surface will be stuccoed and painted white (Sherwin Williams - SW#2123). The roof will be made of asphalt shingles (Gaf Timberline), which appear to bE tan in color. The two (2) inch by eight (8) inch facia board will also be painted tan to match the roof. All window and door frames will be painted white (Sherwin Williams - SW#2123) to match the wall colors. Staff recommends incorporating more architectural enhancements (such as score lines) into the design to enhance the overall appearance of the building (see Exhibit "C" - Conditions of Approval). Signage: No wall or monument sign is proposed. All future signage will require additional review and approval by the Planning & Development Board. RECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "C" - Conditions of Approval. Approval of this project will also be contingent upon the granting of a variance for a reduction in width for the road right-of-way in conjunction with the request for a sidewalk waiver. 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:\Planning\SHARED\WP~PROJECTS\HoadIey Road Church\Staff Report.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: New Haitian Alliance Church APPLICANT: Alfred Daise with Daise Management Corporation APPLICANT'S ADDRESS: P.O. Box 1185, Loxahatchee, FL 33470 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2002 TYPE OF RELIEF SOUGHT: New Site Plan for a church facility LOCATION OF PROPERTY: East side of Hoadley Road, approximately 850 feet south of Old Boynton Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda 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 headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Hoadley Road Church\DO.doc Location Map HOADLEY ROAD CHURCH 'TF~ ~ ' ' .... E-4 CANAL EXHIBIT "B" ~' ;1 " ARCHIT.=CT ~,ot" . ........... DON SENATOR.= EXHIB .T "B" EXHIBIT "B" . __ '.~ ~ £' . I q .: :','..L~ : ~ ~ ~ -- -. ARCHITECT EXHIBIT "B". , <, i., '2 ~ ~'_' u~,,~,,~__ 1 - ..................... EXHIBIT "B" ~-~ ,~ .............. DON SENATORE ~ I ARCHITECT EXHIB T "B" ,, !/! 5._-5 ARCHITECT EXHIBIT "B" ARCHITECT EXHIBIT "B" EXHIBIT "B" :~'. ~:i :"! '!'' ;~ "; ''{ :'": · ,-' ., -4 ~ ~ ~:~- - ~ ~ ~. oodley ~oad _ . - EXHIB T "B" :~.~ SITE PHTOMETRIC PLAN ~A4..,~ l' = .?.o'-o' EXHIBIT "B" EXHIBIT "B" ~ EXHIRIT "B" EXHIBIT "C" Conditions of Approval Project name: Hoadley Road Church File number: NWSP 014)08 Reference: 3rd review plans identified as NWSP 01-008 with an Auzust 27, 2001 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Conm~ents: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. Show all existing utilities and connections on Site Characteristics Map X (Survey) and Site Development plan (LDR, Chapter 4, Section A.3). 2. Indicate method and location of trash storage and pickup. If a dumpster is X to be used indicate location and provide detail for dumpster enclosure area (LDR, Chapter 7.5, Article II, Section 5.J., Chapter 9, Section 10.C.3, and City of Boynton Beach Standard Drawing A-88007). If roll- out carts are to be utilized provide confirmation from City of Boynton Beach Public Works that this will be satisfactory,. Garbage cans are not allowed in plain view. Promde screened enclosure or store cans behind the building. 3. Sidewalks on abutting streets are not identified. Side~valks shall be tour X (4) feet wide along local streets, and five (5) feet ~vide along streets of higher classification (LDR, Chapter 6, Article W. Section 10.T, and Chapter 22, Article I, Section 5). The City Engineer will review the request for a sidewalk waiver. COA 09/25/02 2 DEPARTMENTS INCLUDE [ REJECT I 4. Sidewalks adjacent to parking lots shall be continuous through all X driveways and shall be 6 in. thick within driveways (LDR, Chapter 23, Article II, Section P). Indicate concrete strength required and specification(s)/standards to which sidewalk is to be constructed. 5. Ensure that sidewalks are handicap accessible at driveway intersections X (LDR, Chapter 23, Article I, Section 1.B.5 and FL Accessibility Code 4.6.3). 6. Provide a signed and sealed survey, not older than six (6) months in X conformance with the LDR, Chapter 23, Article I, Section 5.B.2.Surveyor shall dimension the remaining portion of a lot(s) when part of a lot is not included within the description. The adjoining property to the north shall read "West 250 feet of Tract 59", not the "East 250 feet as shown" (for consistency with Legal Description.) Show the north right-of-way of CanalL-24 in relation to the south property line. 7. On Sheet C-2 show flow arrows for surface drainage. X 8. The road right-of-way fronting the proposed Hoadley Road church lot(s) X is currently only platted to be 30 feet wide. An additional 20 feet of road right-of-way will be required to be deeded to the City of Boynton Beach as part of this plan. Roadway widths and surfacing sections shall be in accordance with all applicable sections of the Land Development Regulations (LDR, Chapter 6, Article IV, Section 10.B-D). Prior to the issuance of any building permit, signed and sealed plans shall be submitted and approved for the construction of Hoadley Road to its termination point per City Standard B-91005. A permit will be required for construction within the public right-of-way. The City Engineer will review the request for a variance from the 50 feet road right-of-way requirement. 9. Existing trees on the west side of the property may require removal based X on caliper size for clear zone purposes. 10. The import of any fill will require both a tree survey and an X excavation/fill permit. BUILDING DIVISION Comments: i1. Identify within the site data the finish floor elevation (lowest floor X elevation) that is ?'oposed 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 COA 09/25/02 DEPARTMENTS INCLUDE REJECT 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code] :The design professional-of-record for the project shall add 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."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. 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). 12. At time of permit review, provide a completed and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed ~vith legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 13. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 14. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: None X FORE STER/ENVIRONMENT.~LIST Comments: , 15. The applicant should indicate on the landscape plans the specific, existing X desirable trees that will be preserved, relocated on site, or removed and replaced on the site. PLANNING AND ZONING Comments: 16. Approval of this project is contingent upon the granting of a variance for X the reduction in width of the Hoadley Road right-of-way. 17. Approval of this project is contingent upon the review and approval of a X request for sidewalk waiver. The City Engineer will determine the appropriateness of this request. COA 09/25/02 4 DEPARTMENTS INCLUDE REJECT 18. The landscape plan must show all proposed parking spaces. The X configuration of the parking lot and the total number of parking spaces must match between all plans. 19. All hedge material shall be installed at least 24 inches in height, 24 inches X in spread, with tip to tip spacing (Simpson's Stopper and Redtip Cocoplum). 20. At the southern portion of the site, just east of the parking lot, the X landscape plan proposes four (4) Live Oak trees and a row of Redtip Cocoplum hedges. Staff recommends extending this row of Redtip Cocoplum hedges northward to the church's main east-west walkway. 21. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, and back-flow preventers shall be visually screened with appropriate landscaping / hedge material (Chapter 9, Section 10.C.4.). 22. Staff recommends duplicating the "Rose Window" (proposed on the west X elevation) and incorporating it into the design of the east elevation. Staff recommends that all windows be made of dark glass since the building will be light in color. Staff also recommends including two (2) long and narrow windows into the design of the east elevation as well. 23. Staff recommends planting more foundation landscaping and tall growing X palm trees on the east side of the building to enhance the visual appearance of the buildinl~. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 24. City shall upgrade southern portion of Hoadley Road which appears X ' substandard relative to the northern portion of the road, and provide mrn- a-round and other deficient infrastructure. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 25. To be determined. MWR/elj VTT.-CONSENT AGENDA ITEM D.2. PUBLIC WORKS DEPARTMENT MEMORANDUM ~g)2-0149 TO: Kurt Bressner, City Manager FROM: Jeffrey R. Livergood, Public Works Director SUB J: New Haitian Alliance Church DATE: October 10, 2002 At it's meeting on October 1, 2002, the City Commission reviewed plans for a proposed church on the southerly end of Hoadley Road, south of old Boynton road, in the City of Boynton Beach. The New Haitian Alliance Church group has proposed the placement of 5,146 sq ft church on a vacant parcel of property that is slightly greater than 1 acre in size. Church representatives have proceeded through the staffbased technical review committee process as well as the Planning and Development Board. The matter has now come before the City Commission. On October 1, the Commission tabled action on the new Haitian Alliance Church in deference to a comment by the Planning & Development Board that the City should be responsible for roadwork improvements on Hoadley Road south of Velaire. City staff has been consistent through the entire review process and has required that the church developer be responsible for all__public infi-asla-ucture improvements that are necessary to support the proposed land use on the south end of Hoadley Road. As part of the review process, staff found that it was necessary for the church developer to provide a water main from Old Boynton Road to the southerly terminus of Hoadley Road in order to provide water to the church property. Furthermore staff found that the existing pavement width to be deficient on Hoadley Road south of Velaire to the southerly terminus of Hoadley Road where the church property begins. As a result of substandard road width, staff also recommended that the church developer be required to improve Hoadley Road south of Velaire such that the minimum width of the pavement be 22 ft. wide. Staffbelieves that it is appropriate to provide you and the City Commission with background justification regarding staff' s recommendations. As part of the plan review process staff reviewed a traffic impact analysis conducted by Kimley-Horn & Associates, Inc. dated November 29, 2001. This report provided by Kimley-Horn evaluates traffic impact according to the Palm Beach County traffic performance standards ordinance. Therefore Kimley-Horn has evaluated traffic impact on the ~ roadway network and finds that the impact of traffic volume generated by the proposed church will be of minimal consequence on Old Boynton Road. Therefore it is the opinion of Kimmel-Horn that the new Haitian Alliance Church meets the conditions of Palm Beach County's traffic performance standards and that there are no off site road way improvements required. Kimley-Horn bases this analysis on the weekday traffic analysis only. Staff, however, is concerned that churches generally generate a higher traffic volume on Sundays when church is in session. Therefore, the Public Works staff has applied Sunday trip generation rates and finds that for a church based upon 5,146 gross sq f~ of floor area that there would be 162 traffic trips generated per a day on a Sunday. The peak hour traffic on a Sunday according to Trip Generation Rates published by The Institute of Transportation Engineers is approximately 70 trips during the peak hour. For reference staff has utilized the fourth generation of the Institute of Transportation Engineers Trip Generation Manual. As noted, staff is concerned that the church will generate 162 trips per day on a Sunday. This contrasts with Kimley-Horn's analysis that suggests that there would be 48 additional traffic trips on a weekday. Because staff notes that there would be 162 additional trips on a Sunday, staff is concerned that the existing pavement structure on Hoadley Road is of insufficient width in order to accommodate the additional traffic volume upon this roadway segment. Therefore, Development staff's recommendation to support the proposed land use (Church) on Hoadley Road is contingent upon the church developer improving the Hoadley Road pavement within the existing 30 ft right of way. The most pronounced impediment to roadway improvements on Hoadley Road way is the fact that there is only 30 feet of right a way dedicated to public roadway purposes. As one might imagine, it is very difficult to place a 22 ft wide road way surface within a 30 f~ wide space and still accommodate roadway, drainage, and landscape elements. Therefore staff finds that it would be necessary to remove a significant amount of landscaping within the Hoadley right a way in order to accommodate the road way widening to support the additional traffic. Staff believes that in order to accommodate the road way improvements as well as the placement of the water main on the west side of the Hoadley Road right of way it would be necessary to remove all trees in the westerly right of way. Staff also believes that it would be necessary to remove the sea grapes that serve as a visual landscape barrier to the masonry wall that exist between the Hoadley Road right of way and the commercial development to the west. Even if the roadway improvements were not constructed and only a water main was placed in the western portion of the right of way, the normal construction techniques and excavation for the water main would, in all likelihood, kill the sea grapes anyway. Thus staff believes it important to note to you, the Commission, and the public that the placement of the water main and the subsequent road way widening will have a significant visual impact upon the neighborhood. Staff is not pleased with this. However, the realty is that we are dealing with a mere 30 feet of right of way in order to construct a 22 ft wide paved surface and place a public water main. It would be possible to shift the roadway area to the east. However, this would require the church to acquire property from owners along the east side of Hoadley Road. This may not be a viable solution. At the Planning & Development Board meeting and the last City Commission meeting, there was discussion relative to who bears the responsibility for paying for public improvements necessary to support the New Haitian Alliance Church. The City of Boynton Beach, as is common in other cities throughout the country, has always required developers to fund and place necessary improvements to support their private developments rather then rely on public tax dollars. Essentially that's how are cities are built. It is rare that cities will fund public infrastructure needs unless there are defined economic incentives attached. However, in this scenario there are a number of public infrastructure elements that could be considered as deficient even without the construction of the new Haitian Alliance Church. For example, neighbors have made it very clear to city staff that there is a defined storm water drainage problem in the general Venetian Isles area. Staff acknowledges that widening the pavement on Hoadley Road will add to the storm water deficiency however not to the degree that the church developer should be required to fund and construct storm water improvements on Hoadley Road. Staff believes that the storm water improvements should be designed, constructed, and financed by the City of Boynton Beach. However it is unlikely that these improvements will be in place prior to the construction of the church and the necessary roadway improvements on Hoadley Road. Therefore staff recommends that the city endeavor to construct these storm water improvements in the Venetian Isles area and on Hoadley Road as soon as practical. With respect to the roadway, staff continues to believe that it is the responsibility of the developer to provide the necessary improvements to accommodate the additional traffic volume generated by the church. Staffhas opined that there would be an additional 162 traffic trips generated per a day on a Sunday along this portion of the roadway that corresponds with the church traffic. This compares to approximately 30 vehicles per a day at most that currently exist on Hoadley Road south of Velaire. However, because the city should provide future storm drainage improvements, staff does not believe that the church developer should be required to fund 100% of the roadway improvements. Rather staff believes that it should be the developer's responsibility to provide asphalt widening as part of the water main construction. As part of furore storm drainage improvements, the city should be required to completely resurface and renovate Hoadley Road. Therefore staff believes that a shared approach to cost expense for improvements required to support the church is desirable. Staff recommends the following actions: I. The church developer should be required to fund and construct the following improvements: A. Water main from Old Boynton Road to the southerly terminus of Hoadley Road. B. Road widening on the west side of pavement to accommodate a 22ft pavement width from Velaire to the southerly terminus of Hoadley Road where the development begins. C. All infrastructure in the public right of way adjacent to the church property this includes pavement, water main, etc. D. All tree removals and landscape removal on the western side of the Hoadley Road pavement in order to accommodate the road widening and water main construction. E. All other public improvements as required by staff and noted on the plans shall be constructed and the cost of same borne by the Church developer. 2. Staff believes that it is city responsibility to endeavor to quickly construct storm water drainage improvements in the Venetian Isles area, particularly along Hoadley Road. Staff furthermore believes that it is the city's responsibility to place the final asphalt surface course on Hoadley Road south of Velaire to the church property rather than having the church place this asphalt surface course at this time. For reference, staff has suggested that it be the church's responsibility to fund and construct the pavement and widening from Velaire south to the subject parcel. Staff estimates that the cost of this pavement widening is approximately $5,700, assuming that the water main is placed in the western portion of the right of way and is back filled with aggregate fill suitable for pavement base. If I can provide you with additional information please feel contact me. Xc: Quintus Green, Director of Development Petioner JL/dc VII.-CONSENT AGENDA O ITEM E.1 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation ~ [] City Manager's Report RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda u ~_n~.~r Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the stLbject request be approved, subject to changes in staff conditions and additional conditions regarding additional guest pa~ng,~i garage openings, dumpster enclosure details, building layout, lighting fixture types, wall type (C.B.S. only), and arctxitectu~i:] enhancements to be reviewed again by the CRA including facade enhancements, color changes, and cabana details. further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-136. EXPLANATION: PROJECT: THE HARBORS (NWSP 02-012) AGENT: Jennifer Morton of Land Design South OWNER: Schgal, Inc. LOCATION: 2300 North Federal Highway DESCRIPTION: Request to construct 51 fee-simple townhouse units on 3.21 acres. This request for site plan approval will be contingent upon the approval of the concurrent land use amendment/rezoning application (LUAR 02-005). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES:?~. -'~ N/A Develb"6me~t Department DirectoXr City Manager's Signature Planning and Zo--ning Dt~ct~r City Attorney / Finance / Human Resources S:XPIanningXSHARED\WP~PROJECTS\The Harbors'aNWSP 02-012XAgenda Item Request The Harbors NWSP 10-15-02.dot S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-207 TO: Chairman and Members Community Redevelopment Agency Board THROUGH: Michael Rumpf Planning and Zoning Director FROM: Lusia Galav, AICP Principal Planner DATE: October 1, 2002 SUBJECT: The Harbors - NWSP 02-012 Addendum to Staff Report ADDENDUM This report is the addendum to the Department of Development Memorandum No. P7 02-136 to the Community Redevelopment Agency dated August 16, 2002. Refer to the previous staff report for all previous information such as site characteristics, concurrency status, driveways, and other site plan matters. Updated information regarding plan revisions is provided in the paragraphs below. At the September 10, 2002 CRA meeting the Board tabled The Harbors site plan to allow additional time for plan modifications. Subsequent to the CRA meeting, the applicant resubmitted plans with changes that partially satisfied staff conditions. The Technical Review Committee conducted a third review. The previous staff report remains unaltered and applicable to this project as noted above. The Conditions of Approval have been modified to reflect satisfied comments but still reports on the plan's deficiencies. The original staff report has not been modified. All correspondence referenced are included with this addendum as attachments. In addition, the revised site plan (3rd review) dated September 24, 2002 is included with this packet. DESIGN ANALYSIS & CRITIQUE: When originally submitted, the overall proposed density was 16.82 dwelling units per acre. With the most recent revisions, the overall density has been reduced to 15.89 units per acre. The site plan has a total number of 51 dwelling units. The plans currently show 12 buildings (one less 4-unit building). The building proposed nearest to the Intracoastal Waterway, however, has been converted from a four (4) unit building to a five (5) unit building. Again, staff is in favor of converting the existing commercial use to a residential use and allowing an increase in the overall allowable density. However, staff comments are not related to project density but rather to project design. Despite reducing the overall allowable density, the specific issues (i.e. building configuration, separation distance, drive aisles, and the allocation of guest and overflow parking) have still not been adequately addressed to attain the premium quality expected in the IPUD, and to optimally utilize site attributes such as the adjacent park (planned) and the Intracoastal Waterway. At the CRA meeting, staff questioned the accuracy of the proposed pervious area (45.2%). At the time, the plans showed a 25-foot building separation. It was later discovered that the amount of pervious area indicated in the tabular data was inaccurate. Subsequently, the plans have been revised to show one less building. The deletion of a four (4) unit building allows for the courtyard areas to be wider. The plans have now been revised to show a 32-foot building separation, or an increase of 8 feet from the previous submittal. The proposed pervious area (which staff presumes is correct) is still only 29% of the site. Although the entire site would be upgraded from its current condition, the proposed design indicates significant pavement levels for a residential development. The revised landscape plan shows no substantial increase in landscape material within the courtyard area despite the increase in building separation. Staff still recommends increasing the width of the courtyard areas to further separate the three (3)-story structures, thereby increasing potential views to the park and waterway, and to increase the number of trees, shrubs, and on-site amenities. This proposed building layout also limits access to the recreation area. In the last report, staff recommended that the recreational area should have a decorative entranceway that welcomes all residents to the pool area. Building 12 is now proposed to have five (5) units, which will reduce the width of the entranceway to only a four (4) foot wide path. This will further isolate the rest of the community from the recreation area. This recreational area is the only community amenity on-site and has not been enlarged despite the elimination of a building; no benches, shade trees, or other pedestrian amenities are proposed. As indicated in the original staff report, the proposed design fails to fully capitalize on the site's proximity to the invaluable amenity represented by the adjacent public park. The future Intracoastal Park will provide the subject property with added open space and attractive vistas. Consequently, more units could sell at premium rates. An observed deficiency in the plan is that only a handful of units will have direct visual access to both the Intracoastal Waterway and the Intracoastal Park, and only the end units will have views of the Intracoastal Park. Therefore, staff recommends configuring and angling the buildings to increase their relationship with these amenities. The intent of this recommendation is to not limit the number of allowable units but rather to endorse a design that takes full advantage of the two aforementioned amenities. Furthermore, staff would also recommend revising the front building design (second floor or third floor) to incorporate a porch or "sitting" area on building sides that face the Intracoastal Park. The plans show that "bump-outs" have been provided on the sides of the four (4) unit buildings but no additional porches or outside "usuable" space have been incorporated into the design. It is also staff's opinion that the proposed development lacks overflow and / or visitor parking. Based on the standard parking formula, the development requires two (2) parking spaces per unit. Each unit will have a two (2)-car garage. The recreation area will require five (5) parking spaces, leaving only seven (7) extra parking spaces for guests. The plan provides one (1) guest parking space for every 7 townhouses. Furthermore, although not required, the provision for a handicap space has been eliminated from the drawings. Staff recommends that the driveway behind each unit should be long enough to accommodate a parked vehicle without compromising the function of the 18-foot wide back-up area. The 18-foot wide back-up area in conjunction with the space between the garage door and the asphalt is wide enough for a vehicle to back up and exit. This increase in space is better for maneuverability but not wide enough should a vehicle be parked in front of the garage door if all guest parking spaces are used. Staff wants to eliminate the likelihood of residents and / or guests parking their vehicles within the main access drive or at the exterior of the garages. In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the Special High Density Residential land use designation. As previously stated, the subject property would be eligible for 10.8 units / acre or 34 total units if converted to a residential use under the existing commercial zoning. The plan proposes 51 total units or 17 additional units over the current maximum allowable number of units. Again, the plan and its configuration of the townhouses buildings appear to only satisfy a density objective while forfeiting optimal design objectives. The City supports an increase in the maximum allowable number of units but not with a plan that is less than exemplary. RECOMMENDATION: Staff recommends that the request for site plan approval be approved, subject to adequately addressing all issues presented herein which are itemized within the staff comments and included in Exhibit "C" - Conditions of Approval. This reverse in the staff recommendation is based on the new position and belief that it is feasible for the conditions of approval to be met, thereby creating a desirable and beneficial project warranted by this valuable location at the City's waterfront and along an entrance into the downtown. xc: Central File S:\Planning\SHARED\WPXPROJECTS\The Harbors~qWSP 02-012\Staff Report AD. 9-30-02.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO, PZ 02-136 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION August 16, 2002 DESCRIPTION OF PROJECT Project Name/No.: The Harbors / NWSP 02-012 Property Owner: SCHGAI, Inc. Agent: Jennifer Morton with Land Design South Location: 2300 North Federal Highway Current Land Use: Local Retail Commercial (LRC) Proposed Land Use: Special High Density Residential (SHD-20 du/ac) Current Zoning: Community Commercial (C-3) Proposed Zoning: Infill Planned Unit Development (IPUD) Project size: Site Area: 3.2089 acres (139,778 square feet) Pervious Area: 1.45 acres (45.2%) Lot Coverage Area: 42,824 square feet (16.6%) Number of units: 54 dwelling units Gross Density: 16.82 dwelling units per acre Adjacent Uses: (see Exhibit "A" - Location Map) North: To the northeast, developed (Las Palmas) single family homes classified Low Density Residential (LDR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to the northwest, developed commercial (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Vacant land, currently being developed as the Intracoastal Park, designated Recreational (R) and zoned REC Recreation. East: Right-of-way of the Intracoastal Waterway West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, farther west developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Proposal: Centex Homes proposes to construct 54 fee-simple townhouse units on 3.21 acres. All site development is proposed to occur in one phase. This request for site plan approval will be contingent upon the approval of the land use amendment / rezoning application (LUAR 02- 005) and corresponding master plan, which is being processed simultaneously. Site Characteristics: The subject property is a long rectangular-shaped lot located on the east side of U.S. 1, perpendicular to Gateway Boulevard. The parcel is currently developed with a restaurant / Page 2 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 nightclub (Caf~ La Notre) and its respective parking areas. The restaurant includes a "tik, bar and swimming pool located on the eastern portion of the property near the Intracoastal Waterway. According to the survey, an existing wood deck and a portion of a "covered dining area" are located outside the subject property line. This covered dining area overhangs onto the subject parcel. It is staff's understanding that this covered dining area will be demolished during the construction of the townhomes. 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 determined that the project meets the Traffic Performance Standards of Palm Beach County. b. Drainage- 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 on-site drainage system will consist of a series of catch basins and exfiltration trenches, which will direct runoff to the Intracoastal Waterway via an existing 24-inch wide reinforced concrete pipe. 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: One point of ingress / egress is proposed along Las Palmas / Vista Hermosa rights-of-way. At this point, two (2) lanes would provide for project ingress and one (1) lane for project egress. The ingress lane designated for the use by the residents will be 12 feet in width The other entrance lane, designated for guests and delivery vehicles will be 15 feet in width The one exit lane will be 15 feet in width. Each of the three (3) lanes will be separated by landscaped medians. This entire area will have brick pavers to provide a more desirable appearance. Parking Facility: Parking required for the three (3) bedroom townhouse units is based on a ratio of two (2) spaces per unit. In addition, the recreation area requires five (5) spaces. Since 54 townhouse units and a recreation area are proposed, a total of 113 parking spaces are required. The proposed site plan provides a total of 122 parking spaces. Each unit will have a two (2)-car garage dimensioned 20 feet in width by 17 feet - 3 inches in length. The garage door opening will be 16 feet in width. All other parking spaces, except the one handicapped space, will be parallel to the proposed main drive aisle. These ten (10) spaces will be dimensioned nine (9) feet in width by 25 feet in length. The one handicap space will be 12 feet in width (with 5 feet of striping) by 18 feet - 5 inches in length. A total of 18 feet of asphalt will be provided for vehicular backup area behind each garage. As proposed, vehicles will exit the garage, and if backing out of the garage, make a "3-point turn" within this 18-foot wide backup area and then exit the site via the 24-foot wide main access drive. Landscaping: The proposed pervious area of the parcel equals 1.45 acres or 45.2% of the total site. The overall landscape plan shows at least 104 trees, most of which will be native. In fact, the majority of all landscape material will be native. The west landscape buffer (along U.S. 1) will be at least 15 feet in width (which includes ~ 10-foot wide utility easement). The landscape plan (sheet LP 1 of 6) proposes six (6) Laurel Oak trees and Ixora Nora Grant / Redtip Cocoplum hedges. In the northwest corner of the site, the plan proposes two (2) Maypan Coconut Palm and Florida Royal Palm trees, and Page 3 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 three (3) Purple GloW trees. Dwarf Alamander and some annuals are proposed there as well. The northern landscape buffer will be 10 feet in width in the area from U.S. 1 east to the project entrance. The landscape material proposed within this buffer would include the following: four (4) Live Oak trees, Redtip Cocoplum hedges, Wax Jasmine, Fakahatchee grass, Dwarf Yaupon, and assorted annuals. The remaining portion of the north landscape buffer (from the entrance east to the Intracoastal) would have 14 Live Oak trees and a row of Redtip Cocloplum hedges. If the existing ficus hedge is not disturbed during the construction of the drive aisle, the applicant would prefer to leave the hedge in its current condition and not have to plant new hedges (Redtip Cocoplum). The existing mature ficus hedge screens the subject property from the abutting single-family residential neighborhood to the north. According to Sheet LP 3 of 6, the entrance to the site would have two (2) Yellow Elder trees and a row of Redtip Cocoplum on each side. Both sides would also have Sabal Palm trees. The landscaped medians (at the entrance / exit way) between the resident lane and the exit lane would be lined with Florida Royal Palm trees, Geiger trees, Redtip Cocoplum hedges, Allamanda shrubs, and Variegated Loriope. The landscape material proposed within the courtyard areas in the front of each building would be centered around a Paurotis Palm tree. Other courtyard landscaping will consist of three (3) Coconut Palm trees, six (6) Alexander Palm trees, Dwarf Yaupon, Wild Coffee, Dwarf Arboricola, Variegated Lirope, Orange Bird of Paradise, and various annuals. Staff recommends installing more tall growing palm trees such as Washingtonia palms within the courtyard area in order to soften the upper level views of the building fronts (see Exhibit "C" - Conditions of Approval). The existing pool area, located at the eastern portion of the property, would have new brick pavers installed. According to sheet "LP 4 of 6", 16 Maypan Coconut Palm trees are proposed throughout the pool and "tiki" bar area. The plans also propose Dwarf Allamanda, Fakahatchee Grass, Simpson's Stopper, and Orange Bird of Paradise. The southern landscape buffer (adjacent to the Intracoastal Park) would be 6 feet in width. The landscape plan proposes 20 Dahoon Holly trees and a row of unidentified hedge material (see Exhibit "C" - Conditions of Approval). The building facades (facing south) are shown with no landscaping. Building/Site: The IPUD zoning district allows buildings to reach as high as 45 feet, however, a lesser height could be imposed if compatibility with adjacent properties becomes an issue. The proposed three (3)-story fee-simple townhouses will be 42 feet at the peak of the roof (see Exhibit "C" - Conditions of Approval). According to site plan (sheet "SP 1 of 2"), a C.B.S. wall, six (6) feet in height would surround the entire property. The new wall would be setback at least 10 feet from the west property line (facing U.S. 1 ) but would be constructed along the southern property line. The existing six (6) -foot high concrete wall currently located along the north property line will remain in its current location (see Exhibit "C" - Conditions of Approval). A fence would be required around the pool area (see Exhibit "C" - Conditions of Approval). The 54 dwelling units are proposed to be contained within 13 separate buildings on the 3.21-acre site. The proposed density is 16.82 dwelling units per acre. Each of the 13 buildings will contain'one (1) of four (4) types of units. The unit styles all have three (3) bedrooms but vary slightly in terms of their overall area. The units are as follows: Unit 1601 Page 4 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 (2,042 square feet), Unit 1935 (2,370 square feet), Unit 1538 (1,972 square feet), and Un,. 2008 (2,538 square feet) (see Exhibit "C" - Conditions of Approval). All buildings will have these four unit types except for Building #1, which would have an extra Unit 1801 and Unit 2008 for a total of six (6) units. The IPUD zoning district has no actual building setback requirements, however, the buildings should be arranged in such a way that they will exceed the basic development standards. Building #1 (the only six (8)-unit building) would be setback 25 feet from the west property line and 26 feet from the north property line. Building #2 would be 40 feet from the west property line. All of the four (4)-unit buildings are proposed to be setback six (6) feet from the south property line. Building #13 would be setback over 110 feet from the east property line due to the existing location of the recreational area (the recreation area is located between proposed Building #13 and the east property line). As previously mentioned, the 0.2 acre recreation area currently has a swimming pool and. a "tiki" bar hut. The '~tiki" bar hut is located along in the southeast corner of the site, along the south and east property lines (see Exhibit "C" - Conditions of Approval). Community Design: According to the applicant, the design of the site is described as Traditional Neighborhood Development (TND) because the pedestrian entryways are proposed on the front fa~;ade while the vehicular entryways will be to the rear of the building. The proposed townhouses will be three (3) stories tall and 42 feet high. The front courtyards will allow for only pedestrian access and eliminate the presence of automobiles. The front courtyard or "paseo" will be 25 feet in width. The distance between each building is approximately 25 feet. The proposed buildings would be multi-colored ranging from light yellow to brown. The colors are proposed as follows: First floor (Sherwin Williams #1335-Thai tan), Second floor (Sherwin Williams #2337-Beacon Yellow), Third floor (Sherwin Williams #1366-Harvest Moon). All accents such as shutters, entry doors, railings would be painted Sherwin Williams #2942-Liberty Blue. All architectural enhancements such as smooth stucco banding will be Sherwin Williams #1900-Pure White. The proposed development would have a buffer wall at least six (6) feet in height (see Exhibit "C" - Conditions of Approval). According to sheet "SP 2 of 2", the wall would be painted the same color as the third story of the townhouses (Sherwin Williams #1366 - Harvest Moon). The cross section of the wall sign indicates that the wall would have smooth stucco finish and cast stone caps. Sheet "SP 1 of 2" shows that the development would have two points of pedestrian ingress / egress. One point would be located at the front entry gate on the sidewalk just west of the vehicular driveways. The other point of pedestrian access would be located along the southern property line near the recreation area. This pedestrian walkway would connect to the future Intracoastal Park. The plans propose two (2) types of freestanding outdoor lighting fixtures, namely, the Type "A" light post and the Type "B" light post. The Type "A" light post will be 12 feet - 6 inches tall. The material and color of the Type "A" post is unknown. The Type "B" light post will be an aluminum pole, slightly taller than 12 feet in height. The color of the Type "B" post is unknown. $ignage: The elevations show that no building signs are proposed. An "entry wall" sign is proposed along the western buffer wall. According to sheet "SP 2 of 2", the wall detail illustrates that Page 5 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 the monument sign would be at total of 64 square feet in area. The background color of the sign will be blue and the letters will be gold. DESIGN ANALYSIS & CRITIQUE: A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit Development (IPUD). For this project, the plan labeled "site plan" will also function as the master plan. Generally speaking, staff is in favor of converting the existing commercial use to a residential use and to increase the overall allowable density to 16.82 dwelling units per acre. However, staff's objection with the plan is not the project density but rather with the proposed design. Specific issues include the proposed building configuration and separation distance, drive aisles, and the allocation of guest and overflow parking. The following paragraphs address staff's concerns. Under the current land use and zoning designations, the property could be redeveloped to a residential use at a density of 10.8 dwelling units per acre for a total of 34 units. The developer is proposing to increase the maximum allowable density by changing the underlying land use to Special High Density Residential, a land use category only available to coastal area properties. The Special High Density Residential (SHDR) land use designation allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD zoning district. The R- 3 zoning district contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks for the R-3 zoning district are as follows: Front - 40 feet, Side - 20 feet, and Rear - 40 feet. The lot size and building setback standards of the R-3 zoning district are much more stringent than the self-imposed restrictions of the IPUD zoning district. As previously stated, the SHDR land use designation also allows for the PUD zoning district. The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location ~'~'~d in character for the intended uses and structures proposed within them. The development shall be planned developed as unified and coordinated units. However, the minimum recommended land area necessary for the PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore would be ineligible to rezone from the C-3 zoning district to the PUD zoning district. On May 15, 2001, the City Commission adopted the Federal Highway Corridor Redevelopment Plan to allow for a variety of housing styles at intensities that will assist in supporting the downtown. It also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. Implementation of the Plan included an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents the first request for the IPUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, because this first project that will set the standard for future IPUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are not in the optimal configuration and therefore, fails to exceed the basic development standards. Generally speaking, the proposed plan contains conflicting design elements regarding the allocation of space dedicated to pedestrians and the automobile. According to the Congress of New Urbanism, one of the main principles separating the new urbanism development or the Traditional Neighborhood Development (TND) from typical post-WWll suburban, auto-oriented development is that the design of the TND is to primarily accommodate the needs of the pedestrian. A true TND community would not be a "gated". However, the plan endorses the TND ~ept by designating human space .to the front of each home (in the form of patio and courtyard areas) while ~_.,~gning the less desirable use (automobile space) to a subordinate role by placing it to the rear of each unit. Due to the arrangement and number of buildings, the front courtyard area will be roughly 25 feet in width, a dimension very similar to the space dedicated to vehicular back-up areas at the rear of the building. Page 6 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 Staff recommends increasing the width of the courtyard areas to further separate the three (3)-story structures ano to increase the number of trees, shrubs, and on-site amenities. The proposed development may be marketed to a particular segment of the population; however, it is staff's opinion that the inherent design of this project becomes awkward due to the overcrowding of units and the internal separation, resulting in a compromise between progressive design principles and inefficient movement of vehicles. Staff has major concerns regarding the angle of the proposed townhouse buildings and the allotment of parking 'spaces. Only the four (4) units in Building 13 would have direct view of the Intracoastal Waterway. Visual access to the Intracoastal Waterway affords these units an additional amenity resulting in a premium sales price. Perhaps only five (5) other units (namely Units 14, 22, 30, 38, and 46) would have direct views of the Intracoastal Waterway. The remaining units would not have visual access to the Intracoastal Waterway, and consequently would most likely sell at lower prices. The proposed design fails to fully capitalize on the site's proximity to the invaluable amenity represented by the adjacent public park. The future Intracoastal Park will provide the subject property with added open space and scenic vistas. Consequently, more units could sell at premium rates. A major shortcoming with the plan is that only a handful of units will have direct visual access to both the Intracoastal Waterway and the Intracoastal Park, and only the end units will have views of the Intracoastal Park. Therefore, staff recommends configuring and angling the buildings to increase their relationship with these amenities. The intent of this recommendation is to not limit the number of allowable units but rather'to endorse a design that takes full advantage of the two aforementioned amenities. Furthermore, staff would also recommend revising the front building design (second floor or third floor) to incorporate a porch or "sitting" area on building sides that face the Intracoastal Park. Another design flaw is that the fronts of Building 1 and Building 2 face only a six foot tall buffer wall (empty space). It is also staff's opinion that the proposed development lacks overflow and / or visitor parking. Based on th6 standard parking formula, the development requires two (2) parking spaces per unit. Each unit will have a two (2)- car garage. The recreation area will require five (5) parking spaces, leaving only six (6) extra parking spaces. Guest parking for Building 1 (Unit #6) and Building 2 (Unit #10) becomes nonexistent because of the distance to the nearest parallel parking space. Another parking related element of the plan that appears inadequate is the narrow opening width of the garage. The floor plan proposes a 16-foot wide opening with a total interior width of 20 feet. No conflict would occur if each household owned only one (1) automobile. However, a problem arises when one car is parked inside the garage and there is not enough room in the garage to accommodate a second vehicle (storage, large vehicle sizes). Staff recognizes that not all townhouse owners possess large vehicles (sports utility, sedans, and trucks). However, when considering the potential negative impact(s) of the development, this analysis evaluates various scenarios that would cause inefficient, unsafe, or unpleasant living conditions. For example, in typical suburban developments, residential dwelling units usually contain a parking provision for up to three (3) cars in the front driveways. Again, staff recognizes that this proposed development is unique and appeals to a specific group of progressive thinking homebuyers. However, the problem arises when no alternative parking provision is provided if two (2) vehicles are unable to fit together inside the garage. The current design only allows for overflow parking to be designated to the parallel parking spaces. In the current scenario, if two-car households are unable to park in the garage, there are no other provisions for parking other than the five (5) overflow parallel parking spaces proposed along the main access drive (not including the handicap space). If this same limited-garage space scenario occurs in four (4) other households, then no extra parking spaces will be available for the remaining residents or their guests. This could present unsafe driving conditions as well as an unattractive living environment (i.e. cars parked in the street, behind the garages, near the dumpsters). Staff recommends that the driveway behind each unit should be long enough to accommodate a parked vehicle without compromising the function of the 18-foot wide back-up space. The 18-foot wide back-up space in conjunction with the space between the garage door and the asphalt is wide enough for a vehicle to back-up and exit but would not wide enough should a vehicle be parked in front of the garage door. In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the Special High Density Residential land use designation. As previously stated, the subject property would be eligible for 10.8 units / acre or 34 total units if converted to a residential use under the existing commercial zoning. The plan Page 7 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 ~ poses 54 total units or 20 additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings appears to only satisfy a density objective while forfeiting optimal design objectives. The City supports increasing the maximum allowable number of units but not with a plan that is less than exemplary. RECOMMENDATION: Staff recommends that the request for site plan approval be denied based upon the design issues identified in the "Design & Critique Section" as well as the remaining unresolved comments included in Exhibit "C" - Conditions of Approval. It is the position of staff that the magnitude of changes represented by the Conditions of Approval would significantly modify the project and therefore would warrant additional review from staff and the Community Redevelopment Agency. xc: Central File S:\Planning\SHARED\WP~PROJECTS\The Harbors\NWSP 02-012\Staff Report.doc Location Map EXHIBIT"A" The Harbors ICWW EXHIBI? B" EXHIBIT 'B" MATCWLINE A - SEE SWEET 2 PR~AR~ FOR C~X HOME8 ~ .c~ o, .o~o, .~c~ ~OR,O, SO~TH~ -= ~ ~ THE HARBORS DESIGN ~ c~ o. mo~o. ~c~ ~o.,~ SOUTH~ ~ -= ~ THE HARBORS DESIGN~ PREPARED FOR CENTEX HOMES crn, oF -o¥.'ro. 8F.*C.. ~O,~O^ SOUTH~II~ EXHIBIT "B" : I! ~ LAND~~ THE HARBORS DESIGN ~ P.~,,.~ Fo,:, C,~.TF.X HOM~S C,~Y OF ~oYmo. B~c~ ~o.~ SOUTH~ - THE HARBORS DESIGN ~ PREPARED FOR CENTEX HOMES crn. o~, Bo.,'.'ro. B,=^c.. ~o.,o^ SOUTH~ll~ EXHIBIT "B" : I .. ~[ : ~- LAND~M~/'~. - THE HARBORS DESIGN ~ ~'nl~AR~, FOR C~.'r~x ~ ~ CI~ OF BOYNTON BEAC~ FLORIDA SOUTH~ EXHIBIT "BI' - i l ~l~i' ~!t ' itl ,Il ~l,i ,:i , 6-UNIT BLDG. CENTEX NO.mS i EXHIBIT "B" -m ii ii i ii, i~ ,,_ , EXHIBIT "B" -- liltlJ 'il lll~t~t I I I~ ii __ ~llj i iI t Iii:il' ,, " FLOOR P~NS EXHIBIT "B" ~ ~lj! ii! __ ~;, 6-UNIT BLDG. CENTEX HOHES EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" IIi~ il, ~---~_ l lll:l:II Ill __ __ ~ FLOOR P~NS 5-UNIT BLDG. CENTEX EXHIBIT "B'l ' :Z FLOOR P~NS 5-UNIT BLDG. CENTEX HDHES EXHIBIT "B" -- EXHIBIT '" B" lmt ii " I!1.,,I;///1~11 !1~11111~1~1~1! I ~ z ':~ ~=' ~ ~ 4-UNIT BLDG. I CENTEX HO~ES EXHIBIT"B" I~l,l:t//I;/~, >. , FLOOR P~NS 4-UNIT BLDG. CENTEX HOHE5 "~ ~ · ,~ ~ m~ ~.~~,.. ,~ .... , ~.,,, ,. .,,~ ~, .~.., ~; ~ ...:~ .... ~. ~:,~ ,_~.~:.~. '" ._ ._:,. ~ ,~m ~ ~ It~ ~ J~ EXHIBIT "C" Conditions of Approval Project name: The Harbors File number: NWSP 02-012 Reference: 3fd review plans identified as a New Site Plan with a September 24, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. In accordance with Chapter 6, Article m, Sections 11, 12 14, and 16, X widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "F" curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 2. Reconfigure signalization at the intersection of Las Palmas Park and X Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article Ill, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 3. Detail signing and striping as necessary (Chapter 6, Article 1II, Section X 16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach X County Traffic for roadway and signalization improvements. UTILITIES Comments: None X FIRE Comments: 5. Design documents where underground water mains and hydrants are to X be provided, must demonstrate that they will be installed, completed, COA2 10/09/02 2 DEPARTMENTS INCLUDE REJECT and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition O[~erations, Section 5-4.3. POLICE Comments: None X ENGINEERING DIVISION 8. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A. 1.a.) 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, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 9. A plat shall be submitted with construction drawings for fee simple X housing. The plat must be recorded prior to the issuance of a building permit for the project. 10. A copy of the proposed POA documents shall be submitted for review X and approval concurrent with the plat process. 11. Provide verification that the improvements within the submerged land X lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is X to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. COA2 10/09/02 3 DEPARTMENTS INCLUDE REJECT 13. An excavation and fill permit will be required for this development. X 14. Provide written and ~raphic scales on all sheets. X BUILDING DIVISION Comments: 15. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 16. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley, right-of-way or easement. 17. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 19. Since it has been determined that there are 54 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 20. The fee is due prior to the issuance of the first applicable building X permit. 21. Submit detailed irrigation plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the right- of-way. , FORESTER/ENVIRONMENTALIST COA2 10/09/02 4 DEPARTMENTS INCLUDE REJECT Comments: 22. The applicant must identify and quantify the existing trees on the site as X shown on the survey sheet #1. 23. The landscape sheets should indicate the existing trees that will be X preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of X acceptable quality during the landscape inspections must be replaced throughout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height X and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees "required at the X ingress/egress sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip X along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does X not meet the 50% native species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape X sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING AND ZONING Comments: 31. Place a note on all the primary landscape plan indicating that mulch X other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). 32. The site data on sheet "SP I of 2" indicates that 110 parking spaces are X COA2 10/09/02 5 DEPARTMENTS INCLUDE REJECT required. Revise the data to indicate the correct number of required parking spaces (107). 33. The existing six (6) foot high wall, located along the north property line X shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP 1 of 6" and "LP 2 of 6", X identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model 1601" is incorrect. Any X change to the floor area on the floor plan will need to Correspond to the tabular data of the site plan sheet "SP 1 of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X 4.J. 1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool area. Provide a detail of the fence. X On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is X allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 40. The plan shows that public "green" area will be provided in the form of X the 0.2 acre recreation area and the 32-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 41. The buffer wall along the north property line acts as a "terminating X vista" from each pasco area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the X northwest comer of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. COA2 10/09/02 6 DEPARTMENTS INCLUDE REJECT 43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity X for just the five (5) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car X garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3'a floor plan does not show the side "bump-outs" and therefore, the X plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X "VOA" plants. Correct the plan's tabular data. 48. Staff recommends configuring or angling the buildings in such a way X that will allow for more units to have direct visual access to the future Intracoastal Park. 49. Staff recommends incorporating a second or third story porch (or on X both stories) into the design of the townhouse units that face (front and/or side facades) either the Intracoastal Waterway or the Intracoastal Park. 50. The main east-west sidewalk is four (4) feet in width. Staff recommends X increasing the width to at least five (5) feet. 51. Staff recommends further increasing the distance between buildings X (paseo areas) to allow for additional amenities and landscape material. 52. Staff endorses the concept of a pedestrian connection from the subject X property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: COA2 10/09/02 7 DEPARTMENTS I~CLUDE REJECT 53. Since it has been determined that there are 51 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 51 single-family attached units multiplied by $771 per unit equals $39,321 (Chapter 1, Article V). 54. The opening of the garage doors shall be 18 feet in width. X 55. Additional 90 degree parking (extra) spaces shall be provided along the X western property line. Driveway widths shall not be reduced to accommodate the additional parking. 56. Enhance the building facades of Building #I and Building #2 by adding X architectural elements such as faux windows, shutters, raised bandings, and balconies to improve the appearance of the buildings that face US 1. 57. Provide landscaping nodes along the northern buffer opposite each drive X aisle. The northern perimeter hedge shall be maintained at six (6) feet in height. 58. Provide floor plans / details of the "cabana". The cabana shall be X compatible of the proposed townhouses. 59. Provide more specific details of dumpster enclosure including gates. X 60. The proposed first floor color (Sherwin Williams #1335 - Thai Tan) of X the buildings shall be softened two (2) shades. 61. The proposed freestanding outdoor lighting fixtures shall be type "A" X rather than type "B". 62. The buffer shall be C.B.S. rather than pre-cast. X 63. Architectural changes in response to these conditions shall be X re-reviewed by the CRA prior to issuance of permits. ADDITIONAL CITY COMMISSION COMMENTS: COA2 10/09/02 8 DEPARTMENTS INCLUDE REJECT Comments: 62. To be determined. MWR/elj S:',Planning~HARED\WP~ROJECTS\The Harbors'uNWSP 02-O12\COA2.docS:\Planning\SHARED\WP',PROJECTS~The Harbors'dqWSP 02-012\COA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Harbors APPLICANT'S AGENT: Jennifer Morton - Land Design South APPLICANT'S ADDRESS: 8198 Jog Road, Suite 200 Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2002 TYPE OF RELIEF SOUGHT: New Site Plan Approval to construct 51, three (3)-story townhouse units on a 3.208-acre parcel. LOCATION OF PROPERTY: 2300 North Federal Highway 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 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant __ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk VII.-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October I4, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on October 15, 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, the elimination of one staff condition requiring contribution to area bus shelter facilities, and additional conditions regarding wall type (C.B.S. only), increasing the central green area aroundthe pool, garage openings, and faqade enhancements (ends and rear facades). For further details pertaining to this request See attached Department of Development Memorandum No. PZ 02-209. ~-~ EXPLANATION: ' . PROJECT: Merano Bay (NWSP 02-014) ,. AGENT: Carlos Ballbe, Woodside Land Development Corp. -. OWNER: AutoZone, Inc. LOCATION: Southeast comer of Shore Drive and North Federal Highway DESCRIPTION: Request to construct 20 fee-simple townhome units on a 1.75-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~. ~j N,/,A Deve~n~nt ~)'~par~:n~e~t ]Stixector City Manager's Signature Planmng and Zoning Director City Attorney / Finance / Human Resources S:LPlanningXSHARED\WP~ROJECTS'qMERANO BAY~NWSPXAgenda Request NWSP 02-014 CC 10-15-02.dot S ~Planning~HARED\WP\PROJECTS\MERANO BAY~NWSP\Agenda Request NWSP 02-014 CC 10-15-02 dot DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-209 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION October 3, 2002 DESCRIPTION OF PROJECT Project Name/No.: Merano Bay / NWSP 02- 014 Property Owner: AutoZone, Inc. Agent: Carlos Ballb~, Woodside Land Development Corp. Location: Southeast corner of North Federal Highway and Shore Drive Current Land Use/ Zoning: Local Retail Commercial (LRC)/CommunityCommercial (C-3) Proposed Land Use/ Zoning: Unchanged (see analysis)/Inflll Planned Unit Development (IPUD) Type of Use: Fee-simple Townhouses Project size: Site Area: 1.75 acres (76,025 square feet) Number of units: 20 dwelling units Lot Coverage Area: 0.52 acres (29.5%) Gross Density:. 11.46 dwelling units per acre Adjacent Uses: (see Exhibit "A" - Location Map) North: Right-of-way for Shore Drive, farther north developed commercial (Yachtsman's Plaza) classified Local Retail Commercial (LRC) and 33ned C-3 Community Commercial; South: Right-of-way for Boynton (C-16) Canal, farther south developed single-family residential (Harbor Estates) classified Mixed Use (MX) and zoned R-l-AA Single Family Residential; East: Right-of-way for Shore Drive, farther east developed single-family residential (Coquina Cove) classified Low Density Residential (LDR) and zoned R-l-AA Single Family Residential; West: Rights-of-way for Federal Highway and the Florida East Coast (FEC) Railroad, farther west undeveloped property classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Proposal: Carlos Ballb~, agent for Woodside Land Development Corporation, proposes to construct 20 fee-simple townhouse units in four (4) separate buildings on a 1.75-acre parcel (see Exhibit "B" - Proposed Site Plan). The plan also includes a recreation area with a pool. Each of the proposed buildings is composed of five units. The buildings are proposed to be located around a circular driveway. The first two (2) buildings (Building 1 and 2) will be located along the south property line. Building 3 will be located along the northeaster' portion of the site while the last building (Building 4) will be located at the north property lin of the project abutting Shore Drive. Each building would be two (2) stories high and include three (3) to four (4)-bedrooms, and three (3) bathroom units. In addition, a land-use Page 2 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 amendment / rezoning application (LUAR 02-006) is being processed concurrently with this site plan. It should be noted that in 1998 a request for site plan approval was submitted to construct a 7,234 sq. ft. retail commercial building for auto parts sales. The applicant withdrew the application prior to review by the City Commission. Site Characteristics: The subject property is one (1) irregularly-shaped parcel totaling 1.75 acres located at the southeast corner of North Federal Highway (U.S. Highway No. 1) and Shore Drive. The vacant lot is undeveloped, relatively flat, and vegetated with a variety of field grasses. The site contains a tropical almond tree, a Banyan tree, Phoenix Reclinata and several Ficus trees and Cabbage palms. 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 review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. Driveways: The entrance would be comprised of a 12-foot wide ingress driveway and a 12-foot wide egress driveway at North Federal Highway. This point of ingress / egress will have a median in the center of the opening to direct vehicular traffic in and out of the subject property. This entrance will have brick pavers to provide a more desirable appearance. The applicant is proposing one interior driveway measuring 20 feet in width providing circulation around the recreation area and within the project. Parking Facility:. A total of 40 parking spaces are required for the proposed residential use based on the ratio of two (2) spaces per dwelling unit. The applicant is providing 43 spaces. Each townhouse unit will contain a one (1)-car garage with a one (1)-car driveway space with addition driveway width capable of accommodating a third vehicle. The garages are dimensioned a minimum 10 feet in width by 19 feet in length. The actual garage opening will be 8 feet in width, which appears narrow, but there is no applicable code regulation. A total of three (3) additional parking spaces including one (1) handicapped space are proposed at the swimming pool area, which is a requirement of the American with Disabilities Act. However, the plan contains no other provision for overt'iow or guest parking. All additional parking spaces excluding the handicap space will be dimensioned at least nine (9) feet by eighteen feet (9' x 18'). The backup distance for these parking spaces will be 24 feet with exception to units 1 and 20 where the vehicular backup area will be respectively 18 feet and 19 feet. As proposed, vehicles backing out of these garages, will make a "3-point maneuver within this 18 or 19-foot area and then exit the site via the 20-foot wide main circular access driveway. Therefore, staff is recommending that the applicant request a waiver for the backup requirement for units 1 and 20 (see Exhibit "C"- Conditions of Approval). The plan does not provide for any on street parking because the interior roadways function as drive aisles and will be only 20 feet in width to meet the Fire Safety Code. · .dscaping: The proposed pervious area of the parcel equals 0.74 acres or 42.47% of the total site. The overall landscape plan shows at least 54 trees, most of which will be native. In fact, the majority of all landscape material will be native. Along the north and west property line, a Page 3 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 six-foot high concrete wall setback three (3) feet from the property line is proposed. Th, wall will end near Building 3 (northeastern portion of the property) where extensive trees are located, and screens the subject propertyfrom Shore Drive. The north (adjacent to Shore Drive) and west (along N. Federal Highway) buffers will be at least five (5) feet in width. The landscape plan (Sheet "L2") proposes fifteen (15) Green Buttonwood trees, twenty-three (23) Foxtail Palm trees, six (6) Hibicus, Redtip Cocoplum hedges, Evergreen Giant Liriope, Aztec Grass, Dwarf Mexican Bluebell and assorted annuals. At the northwest corner of the site, the plan proposes a cluster of four (4) Foxtail Palm Trees and a Silver Bismarck Palm tree supplemented with some colorful annuals. The southern buffer will include ten (10) Green Buttonwood trees spaced at a minimum of 30 feet apart with two (2) Yellow Trumpet trees. According to Sheet "L2", the entrance to the site ,,~ould have a Purple Glow tree (Tibouchina Granulosa) and a row of Redtip Cocoplum on each side and assorted annuals. Both sides would have Royal Palm trees. The landscaped median at the entrance between the entry and the exit lane would also be lined with Royal Palm trees, Hibiscus, Wax Jasmine, Dwarf Mexican Bluebell, Purple Queen, I~ra, Variegated Liriope, and assorted annuals. The landscape material proposed in the front of each building will consist of a cluster of three (3) Montgomery Palm trees, Wax Jasmine, Variegated Schefflera, Evergreen Giant Lirope, and Red Pentas while at the end of the buildings, a row of Redtip Cocoplum is proposed. Additional tall grass (i.e. Royal Palms) should be added to the side of unit #10 to soften the facade exposed to the adjacent homes. The proposed recreation area (cabana and pool), centrally located on the property, woulr~ include, six (6) Royal Palm trees, six (6) Green Malayan Coconut Palm trees. The landscape plans also propose Glossy Privet, Ixora, Aztec Grass, Hibiscus, Variegated Schefflera, Dwarf Mexican Bluebell, Purple Queen, and some annuals. Building / Site: The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with adjacent properties becomes an issue. The proposed two (2)-story fee-simple townhouses will be 25.5 feet at the bond beam of the roof. According to site plan (sheet SP 1) a C.B.S. wall, six (6) feet in height would be placed along most of the west property line and the entire north property line. The new wall would be setback at least four (4) feet from the north and west property line (facing U.S. 1 and Shore Drive). The 20 dwelling units are proposed to be contained within 4 separate buildings on the 1.75- acre site. The proposed density is 11.46 dwelling units per acre. Each of the 4 buildings will contain one (1) of two (2) types of units. The model styles range from three (3) to four (4) bedrooms with three (3) bathrooms but vary slightly in terms of their overall area. The models are as follows: three (3) bedroom/3 bath units (1,944 square feet), and four (4) bedroom/3 bath units (2,234 square feet) which are located at the end of each proposed building. The IPUD zoning district has no actual building setback requirements, however, the buildings are arranged in such a way that theywill exceed the basic development standards. All of the five (5)-unit buildings are proposed to be setback between 7.5 feet to 16 feet from any property lines. The building separation is proposed at a minimum of 20 feet. Page 4 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 · ommunity Design: The proposed buildings and clubhouse resemble a Neo-Mediterranean design. The majority of exterior walls of the buildings will have a stucco finish with two (2) options of color, but one (1) option per building. The color options are proposed as follows: Benjamin Moore #2153-40 Cork and Benjamin Moore Chester Town Buff #HC9. However, at the level of the second story the wall will be accentuated with a pattern of diagonal stucco score lines on the front and sides of the buildings while the remainder of the walls at the end of the buildings will show a series of vertical and horizontal score lines. All accent features such as entry doors, pre-cast concrete balustrades and caps, pre-cast columns, and all architectural enhancements such as raised trim and smooth stucco banding will be painted Lancaster White or Navajo White. The overhangs will be painted Benjamin Moore Rich Clay Brown #2164-30. The roof is proposed to be constructed of Spanish roof tiles, terra-cotta in color. The proposed development would have a buffer wall six (6) feet in height mainly along the west and north property lines. The color of the wall is unknown. However, staff is recommending that the wall be painted to match the color ofthe buildings. The plans propose one (1) type of freestanding outdoor lighting fixture, namely, the Type "A" light post. The light post will be 18 feet tall. The material will be a round concrete pole, white in color. Signage: No project signs are proposed at this time. Any future signage will require separate review and approval by the CRA Board (see Exhibit "C"- Conditions of Approval). ~ESIGN ANALYSIS & CRITIQUE: A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit Development (IPUD). For this project, the site plan also functions as the master plan. Generally, staff is in favor of converting the existing vacant commercial property to a residential use and to increase the overall allowable density to 11.46 dwelling units per acre. However, this exceeds the maximum density of the High Density Land Use Classification. Under its present land use and zoning the property could be developed for the range of commercial uses permitted within the C-3 Community Commercial zoning district and existing Local Retail Commercial designation, which includes residential multi-family use at a density of 10.8 dwelling units per acre for a total of 18.9 units. This land use designation also allows rezoning to the IPUD z~ning district at a densityof 10.8 dwelling units per acre for a total of 18.9 units. The developer requested a change of land use to High Density Residential, which also has a maximum density of 10.8 dwelling units per acre, while a change to Special High Density Residential land use would allow the necessary 20 dwelling units per acre. The High Density Residential (HDR) land use designation allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD. The R-3 zoning district contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks for the R-3 zoning districts are as follows: Front - 40 feet, Side - 20 feet, and Rear - 40 feet. The lot size and building setback requirements of the R-3 zoning district are much more stringent than the self-imposed restrictions of the IPUD zoning district. As previously stated, the :--IDR land use designation also allows for the PUD zoning district. The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location and in character for the intended uses and structures proposed within them. The development shall be planned and developed as unified and coordinated units. However, the minimum recommended land area necessary for the PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore is not ideally suitable for to the PUD 2~ning district. ,e City Commission adopted the Federal Highway Corridor Redevelopment Plan on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment. It also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Page 5 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 Highway and to promote the overall general economic expansion of the City. Implementation of the Plan include an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents one of the first requests for the IPUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future IPUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are in the optimal configuration and therefore, exceed the basic development standards. In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the High Density Residential land use designation and the IPUD zoning district due to it exceeding the maximum density by two (2) units. As previously stated, the subject property would be eligible for 10.8 units /acre or 18.9 total units if converted to a residential use under the existing commercial zoning or reclassified to the High Density Residential land use classification. The plan proposes 20 total units or two (2) additional units over the current maximum allowable number of units. Therefore, the project must be reduced by two (2) units or the land use reclassified to Special High Density Residential Density classification. R£COMM£NDATION: 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 de~ciencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP~PROJECTS',MERANO BAY~NWSP.02-014~TAFF REPORT.doc Location Map EXHIBIT"A" Merano Bay i I LAKE WORTH / ~ ICWW C-16 800 0 800 Feet EXHIBIT 'lB" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" , EXHIBIT "B" ~>~ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" -~.- ~ ~._____.~ EXHIBIT "C" Conditions of Approval Project name: Merano Bay File number: NWSP 02-014 Reference: 2nd Review plans with a Planning & Zoning date stamp marking of September 24, 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Minimum backup distance for 90° parking is 24 feet. Revise roadway width X accordingly. 2. Reference FDOT Standard Index 546 for the sight triangles along all collector X and arterial roadways. A 10 feet x I0 feet sight triangle is inadequate for Federal Highway. It is also necessary to check sight distances at the intersection of Shore Drive and Federal Highway to ensure there is no conflict with sight distances and the new privacy wall on the north property line UTILITIES Comments: 3. 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(b)). In addition, the LDR, Chapter 6, Article IV, Section 16 requires that all points on each building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants, both existing and/or proposed. 4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance X and repairs, will be required where paverblock is placed within the utility easements. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 5. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. 6. Sheet SP-! of 1 refers to the relocation of several signs and power poles along X Federal Highway. Indicate where the signs will be relocated to and who will perform the work. All work done within the Federal Highway right-of-way will require FDOT approval and permitting. 7. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 8. Provide written and graphic scales on all sheets. X 9. Sections A-A, B-B, and C-C are indicated on Sheet DI of 1 but no typical X sections were found in the plan set. 10. Provide a detail for the paverblock driveways. X BUILDING DIVISION Comments: 11. Sheet A-1 - Pool House Front Elevation - shows a water feature and floor X plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with 2001 Florida Building[ Code, Section 11-4.1.3 (10)(A). PARKS AND RECREATION Comments: 12. The Park and Recreation Facilities Impact Fee requirement for Single Family X Attached Homes is based on $771 per unit. Since there are 20 single family attached homes shown on the plan, the fee is computed to be $15,420 ($ 771 x 20 units). Fee is due at the time of the fa:st applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 13. The applicant should provide.a tabular summary on sheet L-I showing that X the site contains a minimum of 50% native species. All trees must be minimum of 12 feet in height. Revise plans. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 14. Approval of this site plan is contingent upon the approval of rezoning to Infill X Planned Unit Development (IPUD) and the removal of two (2) units or a subsequent reclassification to the Special High Density land use classification which allows the proposed density. 15. The site plan tabular data indicates that the total pervious area is 0.74 acres or X 42.7% of the total site. Likewise, the tabular data indicates the setbacks for concrete patios for each townhouse, which can be built out in the future. In the tabular data, provide the pervious area if all townhouses built concrete patios pursuant to the PUD's self-imposed restrictions. In addition, on the site plan, outline the area (in a soft dashed line) of the patio area if developed according to the maximum allowable restrictions. 16. If a fence is required around the pool / clubhouse area, provide a detail of the X fence including the dimensions, material, and color (Chapter 4, Section 7.D.). 17. Fifty percent (50%) of site landscape materials must be native species. X Indicate the percentage amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). 18. Coordinate with the City Forester / Environmentalist regarding the installation X of brick pavers and palm trees within the U.S. 1 right-of-way. 19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. X The shelter dimensions are typically six (6) feet in width by nine (9) feet in length. If a bus shelter is located nearby, staff would also recommend collaborating with Palm Tran and the affected property owner (FDOT) in order to upgrade the facility. 20. No signage was submitted with these plans. Any proposed sign will require X separate review and approval by the CRA Board. 21. Provide a note on the plan stating that the proposed buffer wall will be X painted to match the color of the buildings. 22. On the elevation sheet label all major exterior finishes to include the X manufacturer's name and color code. 23. A 24-foot backup is required for units 1 and 20. A waiver is required. X 24. Staff recommends additional landscaping consistent with the overall X landscape plan at the end of the buildings to enhance the buildings facade as seen from adjacent residential properties to the east. 25. To fully maximize the two (2) spaces provided in front of the buildings, staff X recommends adjusting the landscape material to allow a two (2) foot overhang. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 26. Any proposed wall within the development shall be C.B.S. only. X 27. Increase the proposed garage openings to nine (9) feet in width. X 28. Increase the central green area around the pool to accommodate more X landscaping while maintaining minimum turning radius. 29. Enhance the side elevations of units #1 and #20 adjacent to North Federal X Highway with the same architectural elements found on front facades 30. Enhance the rear elevations of buildings #1, #2 and g4 with similar features X (i.e., balconnettes, balustrades, mouldings, etc.) found on front facades. 31. Extend the base score line around the end facades of the purposed buildings. X 32. Staff to coordinate with the applicant the details of the waiver for the X driveway dimension on units #1 and #20. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\MERANO BAY~NWSP\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~ CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Merano Bay APPLICANT'S AGENT: Carlos Ballbe, Woodside Land Development Corporation APPLICANT'S ADDRESS: 4200 NE 15th Avenue, Ft. Lauderdale, FL 33334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Request site plan approval for 20 fee-simple townhomes on a 1.75 acre parcel in an IPUD. LOCATION OF PROPERTY: Southeast corner of North Federal Highway & Shore Drive 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:',Planning~SH AR ED\W P'~RO JECTS\M E RAN O BAY~IWSP\DO.doc VII.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E.3. AGENDA ITEM REQUEST FOI ,. Requested City CorrmUssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August $. 2002 (Noon) [] October 15, 2002 September 30. 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17. 2002 September 3. 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 3 to 2 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-201. EXPLANATION: PROJECT: GATEWAY TEXACO (ADAP 02-001) AGENT: Beril Kruger OWNER: Zuhair Marouf LOCATION: 2360 North Federal Highway DESCRIPTION: Appeal of administrative determination that proposed improvement of gas station is an unlawful expansion of legal non-conforming use. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~, l/''~{~/]/ N/A ~ ~~ ,- -, De~elopmeniII~ar~"~'nt'~i~ector City Manager's Signature Planning and Zonin~'l~(irector City Attorney / Finance / Human Resour¢cr¢, S:~Planning\SHARED\WPYPROJECTS\Gateway TexacoXAgenda Item Request Gateway Texaco ADAP 02-001 10-15-02.dot S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-201 TO: Chairman and Members Planning and Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: September 27, 2002 SUBJECT: Gateway Texaco Gas Station - Administrative Appeal (ADAP 02-001) Expansion of nonconforming use for storage of retail merchandise (Revised) Project Name: Gateway Texaco (ADAP 02-001 ) Location: 2360 North Federal Highway Owner: Mr. Zuhair Marouf 'Agent: Mr. Beril Kruger, Beril Kruger Planning and Zoning Consultants Request: Notice of Appeal from the July 16, 2002 decision of the Planning and Zoning Director, identifying proposed improvement as unlawful expansion of nonconforming use. BACKGROUND Request for proposed expansion The subject property owner desires to expand the above-referenced use to provide additional building area for the storage of merchandise. The proposed expansion was presented to staff who was requested to respond in writing as to whether said improvement would be allowed by city regulations. On July 16, 2002 the Planning and Zoning Director rendered an administrative decision that the proposed change to the above-referenced business would be prohibited by city regulations. Code sections cited in this determination included the Land Development Regulations, Chapter 2, Sections "D" and "G" (See Exhibit "A"- Administrative Determination). In accordance with the Land Development Regulations, Section 11.L,(3)(a)(2), the subject gas station is a legal non-conforming use (see Exhibit "B"- Code Excerpt-Sale of Gasoline). Item "a" (2) of Paragraph #3 limits establishments that sell gasoline as follows: "(2) Gasoline dispensing establishment shaft only be located at any intersection consisting of roads of four (4) lanes or wider." The Gateway Texaco Gas Station is located at the unaligned intersection of Gateway Boulevard/Las Palmas and North Federal Highway, which is an intersection with a local street containing only two (2) lanes. The subject use is therefore a nonconforming gas station by virtue of its existing location. Improvements allowed to non-conforming uses are limited to ordinary repairs, maintenance, and improvements, pursuant to the Land Development Regulations, Chapter 2, Section 11.1, paragraph "D"(1)and (2). An excerpt of these paragraphs read as follows: Paragraph (1) "No nonconforming use may be extended to occupy any land outside the building or other structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these regulations." Paragraph (2) "No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter [ordinance]." Furthermore, paragraph "G" of this same section limits changes in nonconforming uses to uses which would be conforming in the district in which the subject land or building is located (see Exhibit "C"- Code Excerpt- Nonconforming Uses). On July 31, 2002, Mr. Kruger, agent for the property owner, addressed a letter requesting a formal appeal be processed to the subject administrative determination (see Exhibit "D" - Request for Appeal). In summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered/expanded independent of the gasoline sales element of the business. The applicant supports this position that retail sales is distinguishable from gas sales by the absence of other nearby convenience stores, and therefore the high demand for convenience item sales at this location. The applicant states that "The location of this convenience store makes it very convenient for these people to shop at this store who do not need gasoline. Many people just shop in this store to purchase milk, cigarettes, soda, and other products where if this convenience store were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie .... " Procedure Appeals to administrative determinations are processed in accordance with the procedures outlined in Chapter 1.5, Article I, Sec. 4.1, "E". of the Land Development Regulations (see Exhibit "E"). Under these procedures the Planning and Development Board hears the appeal and renders a decision that must be ratified by the City Commission. ANALYSIS/CONCLUSIONS The analysis conducted in response to the subject appeal concentrated on the following two facts: 1) The subject determination by the Director represents the consistent interpretation and application of the Land Development Regulations which clearly prohibit the proposed improvement; 2) The lack of proof that the proposed expansion is necessary for the continued operation of the principal use. With respect to item #1 above, the subject administrative determination represents the consistent application of the non-conforming regulations. Planning and Zoning staff has applied this same interpretation of the non-conforming regulations on previous occasions when confronted with requests for similar expansions to non-conforming gas stations. There has been a trend over the past few years to expand the retail components of gas stations, including the replacement of an auto-repair function with the increase in retail sales space. While the increase in retail space done in conjunction with the elimination of automobile repair services has been construed as allowed by city regulations, this interpretation was generated based on the facts that a nonconforming element of the use was being eliminated, and there was no physical expansion of the principal structure from which the business operated (nor a movement of any aspect of the non-conforming use into a portion of the building not originally occupied by any aspect of the non-conforming use). A reverse in this determination would affect more than just the subject gas station. Rather, other owners of non-conforming uses (not limited to just owners of gas stations) would be motivated to consider, or reconsider possible expansions to their respective businesses arguing and justifying their position that the proposed improvements do not expand the nonconforming aspect of the business. It should be noted that other nonconforming uses that could be subject of potential similar requests could include adult entertainment establishments. With respect to item #2 above, additional research by staff has concluded that the courts have supported the expansion of nonconforming uses to accommodate accessory uses. However, this support appears to be conditioned upon the accessory use being necessary for normal operation of the principal use, and otherwise a hardship on the owner without said accessory use. This same document, Zoning and Land Use Controls (Mathew Bender & Co, Rel. 32-2/91; Pub. 845), cites as an example of a permissible accessory use the sale of alcohol at a restaurant, and a non-permissible use a car wash at a gasoline station. Even if this more liberal conclusion from court precedents were stretched to apply to this case, which may potentially support the accessory use of retail sales to the gasoline service station, the owner would still be required to prove that the subject expansion is necessary for the normal operation of the principal use-the sale of gasoline. It should noted that retail sales were increased previously at this business, timed with the elimination of the automobile service function of the business. At that time, the space allocated to convenience sales increased significantly. If in fact the retail sales component were to be construed as a separate element and business activity from the gas station, rather than an accessory activity, than the code further supports the denial of this expansion of a business which may directly or indirectly enhance (i.e. support beyond what was originally approved at this location), the non-conforming gas station. RECOMMENDATION Staff recommends that the request for appeal be denied, thereby affirming the original determination by staff that the subject expansion of the Gateway Texaco Gas Station would be an unlawful expansion of a legal, nonconforming use. This recommendation is based on the following conclusions: 1 ) The subject determination by the Director represents the consistent interpretation and application of the Land Development Regulations; 2) The sale of gasoline is the principal use of the subject business which is located on one parcel within a single structure, and therefore cannot be viewed separate from accessory components such as retail sales; and 3) The applicant has not proven that the further expansion of the building and retail sales aspect of the business is mandatory for the continued normal operation of the principal use, and that if denied a hardship would be imposed. In conclusion, staff reiterates the intent of the non-conforming regulations to encourage the eventual relocation or elimination of such businesses. Therefore, staff recommends that if the City Commission supports the continued operation and expansion of the subject station, this situation should more appropriately be addressed through a code review process. Of course this alternative is communicated with caution and reluctance, due to the risk of code modifications potentially accommodating new and existing non-conforming gas station uses where inconsistent with redevelopment efforts or city vision. Attachments MR S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\Staff report ADAP 02-001 .doc DEPARTMENT OF DEVELOPMENT EXHIBIT A PLANNING AND ZONING DIVISION · Building · Planning & Zoning · Occupational Licenses · Community Redevelopment .~uly 16, 2002 Mr. Beril K_n. tger Planning & Zoning Consultant 9 Northeast 16th Street Delray Beach, FL 33444 Subject: 1) Expansion of Texaco Gas Station at 2360 N Federal Highway 2) Driveway Connection from Texaco Station and Approved Car Wash Project Dear Mr. Kruger: The intent of this letter is to clarify information provided to you in a previous letter dated June 14, 2002. Please be informed of the conclusion reached that pursuant to the Land Development Reg'ulations, Chapter 2, Sections "D" and "G", the above-referenced changes are prohibited due to the their involvement with a non-conforming use. However, with respect to item #2, the physical connection could only occur through a recorded access easement that v¥ould connect the car wash parcel to the northernmost gas station driveway at Federal Highway. Of course this is contingent upon all modifications to the Texaco site being code-compliant. These changes should be processed as a minor modification request to the existing site plan wkich is described by the attached fact sheet. Please be sure to include all site/tabular data on the revised plans including the tabulation of required and provided parking, and aisle and parking space dimensions. Please be informed that you may not proceed with item #! due to it involving the physical expansion of a non-conforming use; however, this clarifying letter should be construed as the final administrative decision to which you would file an appeal in accordance with the Land Development Reg'ulations, Chapter 1, Article VII, Section 1. If you still desire to appeal, please provide this office with a revised application (letter) for appeal which we will apply to the same fee, and application file that has been recently created. If based upon this letter you no longer prefer to file an appeal, please inform me of same in writing so that your application can be closed. Please be reminded of the filing requirements to appeal and contact me should you have any questions. Sincerely, Michael W. Rumpf Director of Planmng and Zoning MWR:jdc CC: Kurt Bressner Attachment S:'Plannin~',SHAR/D\WP'COR.Rl!SP'Cortesl~ A tlma L'X.r'ager. Benl Re T¢,~co Station Expansion.doc City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310 Phone: (561) 742-63E0 · www. ci.boynton-bench.or EXHIBIT B L. COMMERCIAL ESTABLISHMENTS ENGAGED FiN' THE RETAIL SALE OF G.-x.50l.l.r. OR GASOLINE PRODUCTS. 1. Purpose. The purpose of these regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. These regulations are intended to cover businesses of any type, including convenience stores and automotive service stations. The development standards established by this section would overlay the development criteria stated in the zoning district in which these uses are allowed. Businesses, v/hich engage in the sale of gasoline or other motor fuels, shall require conditional use approval. 2. Definitions. For the purpose of this ordinance, the follo:ving definitions shall apply: Ancillary building or structure. A building or structure incidental to, subordinate to and subservient to the principal building or structure located on the premises. Ancillaw use. A use incidental to, subordinate to and subservient to the principal use of the premises. Automotive service station. The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. Convenience store. Any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. The term "convenience store" does not include a store which is solely or primarily a restaurant. Gasoline dispensing establishments. Any commercial enterprise, including automotive service stations and convenience stores, which engage in the sale of gasoline or other motor fuels to the public. Grade separated intersections. Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass. 3. Development standards which apply to all gasoline dispensing establishments except those described under Subsection 4. of this section below: a. Location. (1) All gasoline dispensing establishments not determined to be ancillao' uses as described in Subsection 4. below, shall be located only at the intersection of any combination of the following roads as designated in the Boynton Beach Comprehensive Plan: County arterial, State arterial, Local collector, or County collector. http://ww~v.am~ega.../24fa?f=temp~ates&fn=d~cument-frame.htm&q=gas~ine&x=Simp~e&2. 9..2,'~.00_ Reference Page (2) Gasoline dispensing establishment shall only be located at any intersections consisting of roads of four (4) lanes or wider. (3) The maximum number of gasoline dispensing establishments located at any intersection shall be two (2). Gasoline dispensing establishments shall only be located at diagonal comers of permissible intersections. b. Minimum plot size: thirty thousand (30,000) square feet. c. Minimum street frontage: one hundred seventy-five (175) feet on each frontage measured from the intersecting right-of-way lines of the public streets. d. Driveways (1) No driveway shall be located less than one hundred ten (l 10) feet fi'om the intersecting right-of-way lines of public streets. (2) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width. (3) Driveways shall not be located less than thirty (30) feet from any interior property line. (4) Driveways will be limited to one (1) per street frontage. e. Setbacks. Setback requirements shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-g-round storage facilities. (1) Front -- 35 feet. (2) Side -- 20 feet. (3) Rear -- 20 feet. (4) Other: (a) No canopy shall be located less than twenty (20) feet from any property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (c) The entrance to a building wherein motor vehicles are washed by mechanical means shall be located a minimum distance of seventy-five (75) feet from the street lines to provide an off-street area of waiting vehicles. Car washes shall be a permitted accessory use at gasoline dispensing establishments. Car washes shall: 1. be fully automatic; 2. recycle all water used in the car washing process. f. Buffers. (1) A ten-foot wide landscape buffer shall be located along the street frontage. This buffer shall contain one (1) tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge txventy-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover. (2) Interior property lines. http://,,wvv,..amlega.../24 fa? f=templates& fn=document_ frame.htm&q=gasoline&x=S imple&2. 9/3/2002 Reference Page (a) A ten-foot wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from a residentially zoned property, the buffer shall contain a six-foot concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24.) inches on center at time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and ~oundcover. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. 1. The wall shall be kept in good repair and appearance at all times. 2. Openings with gates may be allowed ',,,'here deemed appropriate by the City Commission. o Desig-n criteria. ,~' (1) All gasoline dispensing establishments located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved desig-n plan of the principal center. (2) Gasoline dispensing establishments shall conform to the community desig-n plan. (3) All gasoline dispensing establishments shall not install exterior site lighting ~vhich exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled, shielded, screened or recessed to prevent visibility of the lit portion of the fixture from off the premises. h. Conditional use. Gasoline dispensing establishments are hereby designated as a conditional use as that term is defined in Section 11.2. i. Distance separation requirements. No gasoline dispensing establishment shall be located within two hundred (200) lineal feet from a residential structure. Distances for the purpose of this subsection shall be measured from the boundary line of the parcel on which the gasoline dispensing establishment is located to the closest boundary wall of the residential structure. (4) As to all gasoline dispensing establishments that are an ancillary use located or operated in or from an ancillary building or structure within a parcel of land of not less than ten (10) acres within a "Planned Commercial District" (PCD) governed by Section 6.F. of the City of Boynton Beach Zoning Code, and which gasoline dispensing establishment is operated by the person(s) or entity(s) that operates the principal use located on such parcel of land; and do not meet all of the requirements set forth under Subsection 3, above, the following shall be applicable: a. Setbacks. Setback requirements shall apply to all structures on the portion of the property on which the gasoline dispensing establishment is located, including the primary structure for the gasoline dispensing establishment, or any accessory structures such as above g-round storage facilities. (1) Front - 35 feet. (2) Side - 20 feet. (3) Rear - 20 feet. http://ww~v.amlega.../24 fa? f=templates& fn=document- frame.htm&q=gasoline&x=S imple&2. 9/3/2002 Re~'erence Page (4) Other: (a) No canopy shall be located less then twenty (20) feet from an,,,' property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (c) No gasoline pump island or canopy shall be located less than two hundred (200) feet from any public right-of-way. (d) No gasoline dispensing establishment shall be located within two hundred (200) feet from a residential structure. Distances for the purpose of this subsection shall be measured fi.om the closest gasoline pump island or canopy of the gnsoline dispensing establishment to the closest boundary ,,vail of the residential structure. b. Buffers. Except for permitted drivexvay openings, a five (5) foot wide landscaped buffer shall be located around that portion of the parcel of ~vhich the gasoline dispensing establishment is located. When the buffer separates the portion of the property on which the gasoline-dispensing establishment is located fi.om a residentially zoned property, the buffer shall contain a six (6) foot high concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted t~venty-four (24) inches on center at the time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and groundcover. When the buffer separates the portion of the property on which the gasoline dispensing establishment is located from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. (1) The wall shall be kept in good repair and appearance at all times. (2) Openings with gates may be allowed where deemed appropriate by the City Commission. c. Design criteria. (1) All gasoline dispensing establishments under this Section 4. shall conform to the community design plan. (2) No gasoline dispensing establishments under this Section 4. shall be permitted to advertise product pricing on the site sign identifying the primary tenant or occupant. (3) All gasoline dispensing establishments under this Section 4. shall not install exterior site lighting ~vhich exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the fixture from off the premises. d. Conditional use. Gasoline dispensing establishments defined as ancillary to a principal tenant of a planned commercial district are hereby desig-nated as a conditional use as that term is defined in Section 11.2. http ://www.amlega.../24 fa? f=templates& fn=document_ frame.htm&q=gasoline&x=S imple&2. 9/3/2002 Reference EXHIBIT C D. NONCONTOi:LMENG USES OF STRUCTURES. 1. The nonconforming use of a building or other structure may be extended throughout any part of the building or structure which ~vas clearly designed and intended for such use at the date of the effective adoption or amendment of these regulations. Any' nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any additional building or structure on the same plat, which ~vas not used for such nonconforming use at the effective date of the adoption or amendment of these regulations. 2. No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed t~venty-five (25) percent of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding para~aph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of d~velling units. Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. E. NONCONFORMING STRUCTURES. The la~vful existence of a structure or building at the effective date of the adoption or amendment to these regulations, although such structure or building does not conform to the building and site regulations of these regulations for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total floor area requirements, or other characteristics of the structure, or its location on the lot, may be continued so long as it remains otherwise lawful. A nonconforming structure or building (as opposed to a structure or building used for a nonconforming use) may be maintained and repaired, but it shall not be added to or altered in a fashion so as to increase the extent to which the structure or building is in violation of applicable regulations. A nonconforming structure or building may be added or altered if such alteration or addition does not in itself constitute a further violation of existing regulations. F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair and reconstruction will exceed seventy (70) percent of its current assessed valuation as determined by the Palm Beach County Property Appraiser, or for any reason is moved any distance, it shall not again be used or reconstructed except in conformity with the provisions of these Land Development Regulations. G. CONTINUANCE, DISCONTLN-UANCE OR CHANGE OF NONCON-FORMING USE. i. A nonconforming use of land or structure shall not be changed to any other use except one ~vhich ~vould be permitted as a conforming use in the district in which the land or building is located. Ho~vever, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 20 of the Land Development Regulations, and upon ~vhich c.onstmction has actually begun prior to the effective date of the adoption or amendment of these regulations. http:/%wvw.am~ega~.c~m~b~ynt~n~beach~/~pex.../262d?fn=d~cument~frame.htm&f=temp~ate 9/3/2002 Reference Page 2 ~_r, 2. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. 3. If for any reason a nonconforming use of land, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. http://wwxv.amlegal.com/boynton_beach_fl/lpex.../262d? fn=document_ frame.htm& f=template 9/3/2002 :'il li, rllller planning and zoning consultants EXHIBIT D rezoning concurrency conditional use, July 31, 2002 special ~:: _ ~ exceptions, -- ,~ DRC approval Mr. Michael W. Rumpf, Director site plans Planning and Zoning Department annexations City of Boynton Beach comp plan 100 East Boynton Beach Blvd. amendments, P.O. Box 310 variances Boynton Beach, FL 33425-0310 (county, state, municipal) abandonments RE: Expansion of Texaco Gas Station at 2360 N. Federal Highway palm beach broward Dear Mr. Rurnpf: dade & all counties Please let this letter serve as a request to appeal your decisions to the City &cities Commission regarding an addition at Gateway Texaco, 2360 N. Federal Highway. in florida A. Expansion of the Texaco Convenience Store (with Fuel Pumps) for dry storage; 1. The expansion of the convenience store (by an addition to rear of 600 sq. ft.) for dry storaqe only does not increase the non-conformity of the existing facility and or its current use. The sale of gasoline (non-conforming use according to the Boynton Beach Zoning Code) at this location will not be increased. Many people shop at this convenience store that do not purchase gasoline. We are ready to show the difference in sales between the customers just purchasing gas, just purchasing groceries and purchasing gas and groceries. The closest grocery store to t.his location is the Winn Dixie at Hypoluxo Road and U.S. Highway 1, which is over a mile away. This convenience store is located within a short distance to numerous residential subdivisions along the east and west side of N. Federal Highway between the C-15 Canal and Hypoluxo Road. The location of this convenience store makes it very convenient for these people to shop at this store who do not need gasoline. Many people just shop in this store to purchase milk, cigarettes, soda, and other products where if this convenience store were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie, using unnecessary gas, putting additional traffic on the roads, and polluting the air needlessly. Many people living in this area come to the convenience store by bicycle. It would be doing a disservice not to allow the addition on the rear of this building for dry storage only. Building an addition on the rear of the convenience store just for dry storage is not only a necessity for Mr. Marouf, but it may possibly cause him to go out of business if it is not allowed. Mr. Marouf had purchased a trailer, which is parked adjacent to 9 northeast 16th street * delray beach, florida 33444 (561) 265-4983 * fax (561) 265-4611 * e-maih bkruger@bellsouth.net Mr. Michael W. Rumpf, Director July 31, 2002 page 2 the parking area south of the building. The only purpose for this trailer is to store sodas (An existing Code Enforcement Violation described below). There is not enough room in the building to store the soda and that is the reason the addition is being requested. Without this additional square footage to store soda, a large part of the business will be lost. Gas sales may not be discontinued but the convenience store may be forced to cease operation. Along with the addition for storage on the rear of the convenience store, Mr. Marouf will be renovating the exterior of the building to better fit in with the character of the residential neighborhoods surrounding this property. Our Architect is currently working on the elevations for the building. VIOLATION: Mr. Marouf currently has a violation before the Code Enforcement Board, Case# 1- 1450, Notice Date: June 18, 2001, with a running fine. The violation is for: PT- LDR.CH2. SEC. 6.C.6. C-3 / EXTERIOR DISPLAY / STORAGE; "STORAGE OF MERCHANDISE IN THE TRAILER IS NOT PERMITTED." "TRAILER MUST BE REMOVED." The trailer is being used to store soda. It is not plugged in to electricity nor does it have an operating refrigeration unit. The enclosed site plan illustrates where the addition will be located and how the additional parking spaces will be laid out. Therefore, the Texaco Convenience Store will not lose parking spaces but gain spaces with the addition for dry storage on the rear of the building The only other alternative to allow the expansion of the convenience store for dry storage and change the convenience store with gas sales to conforming would be to change the Zoning Code to allow gasoline sales on intersections with other than just four (4) lanes in both directions. We do not want to do this because of the ramifications to the entire city by allowing of all of the other gasoline selling establishments to become conforming. By allowing the convenience store to expand for dry storage only will not increase gas sales and therefore will not increase the non conformity of this use. Berit K~r~, ge r ~,/ SENT BY FACSIMILE AND U.S. MAIL Reference Pase i ot'~ Boynton Beach, FL Code of Ordinances EXHIBIT E PART ITl' LAND DEVELOPMENT REGULATIONS* CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY Sec. 2.1 Quasi-Judicial Authority., functions, powers and duties. A. The CRA board shall have the authority and duty to hear and decide, in a quasi-judicial capacity, administrative appeals, special exceptions and variances. B. Administrative appeals. The board has the authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to the section. C. Special exceptions. The board has the authority and duty to hear and decide requests for special exceptions. To decide such questions as are involved in the determination of ~vhen such special exceptions should be granted. To grant special exceptions ~vith appropriate conditions and safeguards or to deny such special exceptions when not in harmony with the purpose and intent of this section. The following standards apply to the board power to grant special exceptions: 1. The board shall find that in granting the special exception, the public interest ~vill not be adversely affected. 2. The board may prescribe appropriate conditions and safeguards in conformity ~vith this chapter. Violation of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall constitute grounds for the revocation of the special exception and the certificate of occupancy or occupational license associated therewith. 3. The board may prescribe a reasonable time limit ~vithin which the action for which the special exception is required shall begin or be completed, or both. D. Variances. The board has the authority and duty to authorize upon appeal such variance from the teams of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance ~vould result in unnecessary and undue hardship. 1. In order to authorize any variance from the terms of an ordinance, the board must find: a. That special conditions and circumstances exist ~vhich are peculiar to the land, structure or building involved, and ~vhich are not applicable to other lands, structures or buildings in the same zoning district. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. · / o cume t o .> o .> .~ -~ .., 48e3~ f=templates&fn=do n -frame.htm&q=Procedures Vo~0for Vo_Ovariances&x=Simple,9/3/-O0, Reference Page 2 or'4 d. That liieral interpretations of the provisions of the 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 varinnce that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. o For variances to minimum lot area or lot frontage requirements, that property is not ~.~. available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant fo,' such variances shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. 2. In granting a variance: a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, ~vhen made a part of the terms under which the variance is granted, shall be deemed a violation of this section. b. The board may prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both. c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the future land use map of the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan if the board finds that the variance meets the conditions set forth in this section for granting the same, and the variance would only allow for the construction of a single-family detached dwelling. _~ E. Procedures for variances, special exceptions and appeals of administrative actions. 1. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or. any use expressly or by implication prohibited in the applicable zoning district. No nonconforming use of neighboring lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. Review of administrative orders. In exercising its po~vers, the board may, upon appeal and in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this section and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from whom the appeal is taken. A majority vote shall be necessary to reverse an order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section. .../48e3 ? f=templates&fn=document_ frame.htm&q=Procedures%20 for%20variances&x=Simple 9/3/2002 Reference Page 3. Appeals from decision of administrative official. Appeals to the board may be taken by any person aggrieved or affected by any decision of an administrative official interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. 4. Stay of work and proceeding on appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken shall certify to the board that, by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board, or by a court of record on the application, on notice to the officer from whom the appeal is taken and on due cause shown. 5. Hearing of appeals. The board shall fix a reasonable time for the hearing of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the heating, any person may appear in person, by agent or attorney. Applicants shall be required to file a proper form (supplied by staff), a current certified survey accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an application for a special exception shall be handled by the board as for appeals. 6. Review of decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Commission of the City of Boynton Beach within twenty (20) days after rendition of the decision by the CRA board. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. 7. Withdrawal or denial of application. a. Upon the denial of an application lbr relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof. b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application affecting the same property or any portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. c. An application may be withdrawn ~vithout prejudice by the applicant as a matter of ri~ht; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before the board concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after action has been taken by the board. When an application is withdrawn without prejudice, the time limitations for re-application provided herein shall not apply. .../48e37 f=templates& fn=document- frame.htm&q=Procedures%20for%20variances&x=Simple 9/3/2002 Keference Page 4 of 4 F. Advertising requirements. Required advertisements for the applicant's request must appear in newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to the scheduled CRA board meeting. All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public hearing. (Ord. No. 00-70, § 2, 12-19-00) .../48e37 f=templates&fn=document_ frame.htm&q=Procedures%20for%20variances~x=Simple 9/3/2002 · DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: GATEWAY TEXACO (ADAP 02-001) APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 NE 16th Street., Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2002 TYPE OF RELIEF SOUGHT: Administrative Appeal LOCATION OF PROPERTY: 2360 North Federal Highway DRAWING(S): SEE EXHIBIT "A", "B", "C", "D", "E" 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Qther DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop. Order Form-2001- Revised .doc VII.-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to CiW Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on October 15, 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, the elimination of one staff condition requiring contribution to area bus shelter facilities, and additional conditions regarding wall type (C.B.S. only), increasing the central green area around~the pool, garage openings, and facade enhancements (ends and rear facades). For further details pertaining to this request see attached Department of Development Memorandum No. PZ 02-209. EXPLANATION: PROJECT: Merano Bay (NWSP 02-014) c AGENT: Carlos Ballbe, Woodside Land Development Corp. OWNER: AutoZone, Inc. LOCATION: Southeast comer of Shore Drive and North Federal Highway DESCRIPTION: Request to construct 20 fee-simple townhome units on a 1.75-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: t')/{ N/A Deveh~r~nt '~)'~parYm~e~_t ]9,ixector City Manager's Signature Planmng and Zoning Director City Attorney / Finance / Human Resources S:XPlanning~SHAREDXWPXPROJECTSLMERANO BAY~NWSPXAgenda Request NWSP 02-014 CC 10-15-02.dot S:\Planning~SHARED\WP\PROIECTS\MERANO BAYXNWSP~Agenda Request NWSP 02-014 CC I 0-15-02 dot DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-209 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION October 3, 2002 DESCRIPTION OF PROJECT Project Name/No.: Merano Bay / NWSP 02- 014 Property Owner: AutoZone, Inc. Agent: Carlos Ballb~, Woodside Land Development Corp. Location: Southeast corner of North Federal Highway and Shore Drive Current Land Use/ Zoning: Local Retail Commercial (LRC)/CommunityCommercial (C-3) Proposed Land Use/ Zoning: Unchanged (see analysis)/Infill Planned Unit Development (IPUD) Type of Use: Fee-simple Townhouses Project size: Site Area: 1.75 acres (76,025 square feet) Number of units: 20 dwelling units Lot Coverage Area: 0.52 acres (29.5%) Gross Density:. 11.46 dwelling units per acre Adjacent Uses: (see Exhibit "A" - Location Map) North: Right-of-way for Shore Drive, farther north developed commercial (Yachtsman's Plaza) classified Local Retail Commercial (LRC) and ~nned C-3 Community Commercial; South: Right-o¢-way for Boynton (C-16) Canal, farther south developed single-family residential (Harbor Estates) classified Mixed Use (MX) and zoned R-l-AA Single Family Residential; East: Right-of-way for Shore Drive, farther east developed single-family residential (Coquina Cove) classified Low Density Residential (LDR) and 7nned R-l-AA Single Family Residential; West: Rights-of-way for Federal Highway and the Florida East Coast (FEC) Railroad, farther west undeveloped property classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Proposal: Carlos Ballb6, agent for Woodside Land Development Corporation, proposes to construct 20 fee-simple townhouse units in four (4) separate buildings on a 1.75-acre parcel (see Exhibit "B" - Proposed Site Plan). The plan also includes a recreation area with a pool. Each of the proposed buildings is composed of five units. The buildings are proposed to be located around a circular driveway. The first two (2) buildings (Building I and 2) will be located along the south property line. Building 3 will be located along the northeaster' portion of the site while the last building (Building 4) will be located at the north property lin of the project abutting Shore Drive. Each building would be two (2) stories high and include three (3) to four (4)-bedrooms, and three (3) bathroom units. In addition, a land-use Page 2 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 amendment / rezoning application (LUAR 02-006) is being processed concurrently with this site plan. It should be noted that in 1998 a request for site plan approval was submitted to construct a 7,234 sq. ft. retail commercial building for auto parts sales. The applicant withdrew the application prior to review by the City Commission. Site Characteristics: The subject property is one (1) irregularly-shaped parcel totaling 1.75 acres located at the southeast corner of North Federal Highway (U.S. Highway No. 1) and Shore Drive. The vacant lot is undeveloped, relatively flat, and vegetated with a variety of field grasses. The site contains a tropical almond tree, a Banyan tree, Phoenix Reclinata and several Ficus trees and Cabbage palms. 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 review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. Driveways: The entrance would be comprised of a 12-foot wide ingress driveway and a 12-foot wide egress driveway at North Federal Highway. This point of ingress / egress will have a median in the center of the opening to direct vehicular traffic in and out of the subject property. This entrance will have brick pavers to provide a more desirable appearance. The applicant is proposing one interior driveway measuring 20 feet in width providing circulation around the recreation area and within the project. Parking Facility:. A total of 40 parking spaces are required for the proposed residential use based on the ratio of two (2) spaces per dwelling unit. The applicant is providing 43 spaces. Each townhouse unit will contain a one (1)-car garage with a one (1)-car driveway space with addition driveway width capable of accommodating a third vehicle. The garages are dimensioned a minimum 10 feet in width by 19 feet in length. The actual garage opening will be 8 feet in width, which appears narrow, but there is no applicable code regulation. A total of three (3) additional parking spaces including one (1) handicapped space are proposed at the swimming pool area, which is a requirement of the American with Disabilities Act. However, the plan contains no other provision for overflow or guest parking. All additional parking spaces excluding the handicap space will be dimensioned at least nine (9) feet by eighteen feet (9' x 18'). The backup distance for these parking spaces will be 24 feet with exception to units 1 and 20 where the vehicular backup area will be respectively 18 feet and 19 feet. As proposed, vehicles backing out of these garages, will make a "3-point maneuver within this 18 or 19-foot area and then exit the site via the 20-foot wide main circular access driveway. Therefore, staff is recommending that the applicant request a waiver for the backup requirement for units 1 and 20 (see Exhibit "C"- Conditions of Approval). The plan does not provide for any on street parking because the interior roadways function as drive aisles and will be only 20 feet in width to meet the Fire Salty Code. dscaping: The proposed pervious area of the parcel equals 0.74 acres or 42.47% of the total site. The overall landscape plan shows at least 54 trees, most of which will be native. In fact, the majority of all landscape material will be native. Along the north and west property line, a Page 3 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 six-foot high concrete wall setback three (3) feet from the property line is proposed. Th, wall will end near Building 3 (northeastern portion of the property) where extensive trees are located, and screens the subject propertyfrom Shore Drive. The north (adjacent to Shore Drive) and west (along N. Federal Highway) buffers will be at least five (5) feet in width. The landscape plan (Sheet "L2") proposes fifteen (15) Green Buttonwood trees, twenty-three (23) Foxtail Palm trees, six (6) Hibicus, Redtip Cocoplum hedges, Evergreen Giant Liriope, Aztec Grass, Dwarf Mexican Bluebell and assorted annuals. At the northwest corner of the site, the plan proposes a cluster of four (4) Foxtail Palm Trees and a Silver Bismarck Palm tree supplemented with some colorful annuals. The southern buffer will include ten (10) Green Buttonwood trees spaced at a minimum of 30 feet apart with two (2) Yellow Trumpet trees. According to Sheet "L2", the entrance to the site would have a Purple Glow tree ('f'ibouchina Granulosa) and a row of Redtip Cocoplum on each side and assorted annuals. Both sides would have Royal Palm trees. The landscaped median at the entrance between the entry and the exit lane would also be lined with Royal Palm trees, Hibiscus, Wax Jasmine, Dwarf Mexican Bluebell, Purple Queen, I~ra, Variegated Liriope, and assorted annuals. The landscape material proposed in the front of each building will consist of a cluster of three (3) Montgomery Palm trees, Wax Jasmine, Variegated Schefflera, Evergreen Giant Lirope, and Red Pentas while at the end of the buildings, a row of Redtip Cocoplum is proposed. Additional tall grass (i.e. Royal Palms) should be added to the side of unit #10 to soften the facade exposed to the adjacent homes. The proposed recreation area (cabana and pool), centrally located on the property, woulo include, six (6) Royal Palm trees, six (6) Green Malayan Coconut Palm trees. The landscape plans also propose Glossy Privet, Ixora, Aztec Grass, Hibiscus, Variegated Scheffiera, Dwarf Mexican Bluebell, Purple Queen, and some annuals. Building / Site: The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with adjacent properties becomes an issue. The proposed two (2)-story fee-simple townhouses will be 25.5 feet at the bond beam of the roof. According to site plan (sheet SP 1) a C.B.S. wall, six (6) feet in height would be placed along most of the west property line and the entire north property line. The new wall would be setback at least four (4) feet from the north and west property line (facing U.S. 1 and Shore Drive). The 20 dwelling units are proposed to be contained within 4 separate buildings on the 1.75- acre site. The proposed density is 11.46 dwelling units per acre. Each of the 4 buildings will contain one (1) of two (2) types of units. The model styles range from three (3) to four (4) bedrooms with three (3) bathrooms but vary slightly in terms of their overall area. The models are as follows: three (3) bedroom/3 bath units (1,944 square feet), and four (4) bedroom/3 bath units (2,234 square feet) which are located at the end of each proposed building. The IPUD zoning district has no actual building setback requirements, however, the buildings are arranged in such a way that they will exceed the basic development standards. All of the five (5)-unit buildings are proposed to be setback between 7.5 feet to 16 feet from any property lines. The building separation is proposed at a minimum of 20 feet. Page 4 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 . ommunity Design: The proposed buildings and clubhouse resemble a Neo-Mediterranean design. The majority of exterior walls of the buildings will have a stucco finish with two (2) options of color, but one (1) option per building. The color options are proposed as follows: Benjamin Moore #2153-40 Cork and Benjamin Moore Chester Town Buff #HC9. However, at the level of the second story the wall will be accentuated with a pattern of diagonal stucco score lines on the front and sides of the buildings while the remainder of the walls at the end of the buildings will show a series of vertical and horizontal score lines. All accent features such as entry doors, pre-cast concrete balustrades and caps, pre-cast columns, and all architectural enhancements such as raised trim and smooth stucco banding will be painted Lancaster White or Navajo White. The overhangs will be painted Benjamin Moore Rich Clay Brown #2164-30. The roof is proposed to be constructed of Spanish roof tiles, terra-cotta in color. The proposed development would have a buffer wall six (6) feet in height mainly along the west and north property lines. The color of the wall is unknown. However, staff is recommending that the wall be painted to match the color of the buildings. The plans propose one (1) type of freestanding outdoor lighting fixture, namely, the Type "A" light post. The light post will be 18 feet tall. The material will be a round concrete pole, white in color. $ignage: No project signs are proposed at this time. Any future signage will require separate review and approval by the CRA Board (see Exhibit "C"- Conditions of Approval). ~ESIGN ANALYSIS & CRITIQUE: A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit Development (IPUD). For this project, the site plan also functions as the master plan. Generally, staff is in favor of converting the existing vacant commercial property to a residential use and to increase the overall allowable density to 11.46 dwelling units per acre. However, this exceeds the maximum density of the High Density Land Use Classification. Under its present land use and zoning the property could be developed for the range of commercial uses permitted within the C-3 Community Commercial zoning district and existing Local Retail Commercial designation, which includes residential multi-family use at a density of 10.8 dwelling units per acre for a total of 18.9 units. This land use designation also allows rezoning to the IPUD z~ning district at a densityof 10.8 dwelling units per acre for a total of 18.9 units. The developer requested a change of land use to High Density Residential, which also has a maximum density of 10.8 dwelling units per acre, while a change to Special High Density Residential land use would allow the necessary 20 dwelling units per acre. The High Density Residential (HDR) land use designation allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD. The R-3 zoning district contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks for the R-3 zoning districts are as follows: Front - 40 feet, Side - 20 feet, and Rear - 40 feet. The lot size and building setback requirements of the R-3 zoning district are much more stringent than the self-imposed restrictions of the IPUD zoning district. As previously stated, the ,.-IDR land use designation also allows for the PUD zoning district. The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location and in character for the intended uses and structures proposed within them. The development shall be planned and developed as unified and coordinated units. However, the minimum recommended land area necessary for the PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore is not ideally suitable for to the PUD z~ning district. ,e City Commission adopted the Federal Highway Corridor Redevelopment Plan on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment. It also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Page 5 Merano Bay Site Plan Review Staff Report Memorandum No. PZ 02-209 Highway and to promote the overall general economic expansion of the City. Implementation of the Plan include an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents one of the first requests for the IPUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future IPUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are in the optimal configuration and therefore, exceed the basic development standards. In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the High Density Residential land use designation and the IPUD zoning district due to it exceeding the maximum density by two (2) units. As previously stated, the subject property would be eligible for 10.8 units / acre or 18.9 total units if converted to a residential use under the existing commercial zoning or reclassified to the High Density Residential land use classification. The plan proposes 20 total units or two (2) additional units over the current maximum allowable number of units. Therefore, the project must be reduced by two (2) units or the land use reclassified to Special High Density Residential Density classification. 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:\Planning\SHARED\WFAPROJECTS\MERANO BA~NWSP-02-014~STAFF REPORT.doc Location Map EXHIBIT"A" Merano Bay CANAL C-16 800 0 800 Feet EXHIBIT "B" EXHIBIT "B" . ,~. ~.~z ~ ~ IIIIIt!~11~ EXHIBIT "B" -iii-: ~'~ :.'ii,ii, i -,I~ TM ..... ~ .... _. ~ , ~,. ~ ~.. ~,, ~- %~ ~ .~. ~.' ~-. ~ ~ ~ ~ .... ~ , , ~ ~. -.. ~x~ ,~- ~- ' : ~ - I -, ~. ~' ~- ' '~.'~ Z~ ~ ~ ---~ ~ . :_ ,, ~ ~' ;-,:- ~. x. ~. :. :. ~. _ ~' , '-" ' . I ~ .t ~. ~ ....... - .... _~~ ~ . .... ~ ~ ., ~ , . ~ Y' EXHIBIT "B" EXHIBIT "B" EXHIBIT 'lB" EXHIBIT "B" , .......... I';, ~ .... ~3 EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Merano Bay File number: NWSP 02-014 Reference: 2nd Review plans with a Planning & Zoning date stamp marking of September 24, 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Minimum backup distance for 90° parking is 24 feet. Revise roadway width X accordingly. 2. Reference FDOT Standard Index 546 for the sight triangles along all collector X and arterial roadways. A 10 feet x 10 feet sight triangle is inadequate for Federal Highway. It is also necessary to check sight distances at the intersection of Shore Drive and Federal Highway to ensure there is no conflict with sisht distances and the new privacy wall on the north property line UTILITIES Comments: 3. 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(b)). In addition, the LDR, Chapter 6, Article IV, Section 16 requires that all points on each building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants, both existing and/or proposed. 4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance X and repairs, will be required where paverblock is placed within the utility easements. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 5. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. 6. Sheet SP-1 of 1 refers to the relocation of several signs and power poles along X Federal Highway. Indicate where the signs will be relocated to and who will perform the work. All work done within the Federal Highway right-of-way will require FDOT approval and permitting. 7. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 8. Provide written and graphic scales on all sheets. X 9. Sections A-A, B-B, and C-C are indicated on Sheet DI of 1 but no typical X sections were found in the plan set. 10. Provide a detail for the Daverblock drivewa~,s. X BUILDING DIVISION Comments: 11. Sheet A-1 - Pool House Front Elevation - shows a water feature and floor X plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with 2001 Florida Buildin$ Code, Section 11-4.1.3 (10)(A). PARKS AND RECREATION Comments: 12. The Park and Recreation Facilities Impact Fee requirement for Single Family X Attached Homes is based on $771 per unit. Since there are 20 single family attached homes shown on the plan, the fee is computed to be $15,420 ($ 771 x 20 units). Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 13. The applicant should provide a tabular summary on sheet L-I showing that X the site contains a minimum c~f 50% native species. All trees must be minimum of 12 feet in height. Revise plans. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 14. Approval of this site plan is contingent upon the approval of rezoning to Infill X Planned Unit Development (IPUD) and the removal of two (2) units or a subsequent reclassification to the Special High Density land use classification which allows the proposed density. 15. The site plan tabular data indicates that the total pervious area is 0.74 acres or X 42.7% of the total site. Likewise, the tabular data indicates the setbacks for concrete patios for each townhouse, which can be built out in the future. In the tabular data, provide the pervious area if all townhouses built concrete patios pursuant to the PUD's self-imposed restrictions. In addition, on the site plan, outline the area (in a soft dashed line) of the patio area if developed according to the maximum allowable restrictions. 16. If a fence is required around the pool / clubhouse area, provide a detail of the X fence including the dimensions, material, and color (Chapter 4, Section 7.D.). 17. Fifty percent (50%) of site landscape materials must be native species. X Indicate the percentage amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). 18. Coordinate with the City Forester / Environmentalist regarding the installation X of brick pavers and palm trees within the U.S. 1 right-of-way. 19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. X The shelter dimensions are typically six (6) feet in width by nine (9) feet in length. If a bus shelter is located nearby, staff would also recommend collaborating with Palm Tran and the affected property owner (FDOT) in order to upgrade the facility. 20. No signage was submitted with these plans. Any proposed sign will require X separate review and approval by the CRA Board. 21. Provide a note on the plan stating that the proposed buffer wall will be X painted to match the color of the buildings. 22. On the elevation sheet label all major exterior finishes to include the X manufacturer's name and color code. 23. A 24-foot backup is required for units ~ and 20. A waiver is required. X 24. Staff recommends additional landscaping consistent with the overall X landscape plan at the end of the buildings to enhance the buildings faqade as seen from adjacent residential properties to the east. 25. To fully maximize the two (2) spaces provided in front of the buildings, staff X recommends adjusting the landscape material to allow a two (2) foot overhang. Conditions of Approval 4 DEPARTMENTS INCLUDE I REJECT ADDITIONAL COMMIJNI~ REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 26. Any proposed wall within the development shall be C.B.S. only. X 27. Increase the proposed garage openings to nine (9) feet in width. X 28. Increase the central green area around the pool to accommodate more X landscaping while maintaining minimum turning radius. 29. Enhance the side elevations of units #1 and #20 adjacent to North Federal X Highway with the same architectural elements found on front facades 30. Enhance the rear elevations of buildings #1, #2 and//4 with similar features X (i.e., balconnettes, balustrades, mouldings, etc.) found on front facades. 31. Extend the base score line around the end facades of the purposed buildings. X 32. Staff to coordinate with the applicant the details of the waiver for the X driveway dimension on units #1 and #20. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detem~ined. S:\Planning\SHARED\WP\PROJ ECTS\MERANO BAY~NWSP',COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Merano Bay APPLICANT'S AGENT: Carlos Ballbe, Woodside Land Development Corporation APPLICANT'S ADDRESS: 4200 NE 15th Avenue, Ft. Lauderdale, FL 33334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Request site plan approval for 20 fee-simple townhomes on a 1.75 acre parcel in an IPUD. LOCATION OF PROPERTY: Southeast corner of North Federal Highway & Shore Drive 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:,~Ptan ning,,S HAR ED\W i::~,PROJECTS~M ERANO BAY',NW SP',DO. doc VII.-CONSENT AGENDA CITY OF BOYNTON BEACt ITEM F. AGENDA ITEM REQUEST FORN1 Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: ~ , Motion to approve expenditure of $40, O00 from the CIP to match funding from the Palm Beach School Board and'~--ther sources for the construction of a state-of-the-art running track at the Boynton Beach High School. EXPLANATION: The 2201/02 CIP contains a provision for $80, O00 for lights and bleachers on the High School softball field. The plan was to share the use of this softball field for both City and High School programs. School officials recently contacted us requesting that.funds be reallocated to a track due to a change in their priorities. A letter from the school is attached. PROGRAM IMPACT: The City and the School Board have agreed to an interlocal agreement on joint use of our facilities. High School officials have assured us we will still have the ability to use the softball ftelds and other facilities at the High School. In addition, our youth track programs will be able to use the state-of-the-art track facility for our expanding nationally recognized programs. The City will have no maintenance responsibility for the track. FISCAL IMPACT: By designating $40,000 of the $80,000 budgeted for High School facilitates this year we have redesignated the remaining $40,000 in account number 302-4298-580-63-15 to other CIP projects. ALTERNATIVES: Proceed with the original $80,000 softball fteld lighting project or eliminate~ Department Head's Signature , City Manager's Signature Parks ~_~_~:_,,._ Department Name City Attomey~~ Human Resources SABULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC BOYNTON BEACH COMMUNITY HIGH SCHOOL Michael Leeds, Athletic Director 4[)75 Park Ridge Boulevard · Bo/nton Beach, Florida 33426 (561) 752-1224 Fax (,561) 752-1292 City Of Boynton Beach Parks Department ATTENTION: John Wildner I00 East Boynton Beach BLVD. 33425 Dear John, I am in receipt of the agenda for February 19th 2002. We are appreciative of the city trying to help our new athletic program at Boynton Beach High School. The funding will be used to help surface our track facility in our new football stadium. As previously planned, we have requested lights for our softball field. Since that request was made our prior/ties have changed due to the lack of funding for our track surface. The city stated that they had also found a location for their senior softball league. We are able to play our softball games without lights but unfortunately we are unable to mn track meets or train our athletes without proper track surface. The county, school district and grant from the Ford Motor Company will encompass the other 40,000 that will be needed to complete the project. It goes without saying that our city sponsored youth track program will continue to flourish at even a higher level by using the track and our equipment to train. As our mutual use agreement, moves ahead, both entities will enjoy a beneficial relationship that the citizens of BoSton Beach can enjoy for years to come. Dr. Cornnell and I look forward to working with the city and building on our already burgeoning friendship. Mike Leeds Athletic Director Boynton Beach High School Exhibil A VI'I.-CONSENT AGENDA 'TEIVl G. CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORlvl Ro td_e.ues_e_ City CommissionDate Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (NoonL~ [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business - AGENDA ITEM [] Public Hearing [] Lega/ r [] Bids [] Unfinished 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 September 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 Ordinance change. Deputy Director of Financial Services City'Manager s Signature Procurement Services ~~ Department Name City Attorney / Finance / Human Resources S3BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC  CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED SEPTEMBER 30, 2002 1. Vendor: Medtrop. ic. Ph?in Control Purchase Amount: $ 10,500.00 Requesting Department: Fire Department Contact Person: Jim Ness Brief Description of Purchase: Purchase of six (61' :~rePak 500 Automatic External Defibrillators. These units will be assigned to Police Department to be carried by the zone cruisers. The units purchased maintain the standardization with the current AED's in the field. Source for Purchase: Piggy-Back PBC Sheriff's Fund Source: 105-3271-513-64-02 Bid #00-0721-254/DJA Grant - Amer Heart Assoc. 2. Vendor: BellSouth Purchase Amount: $ 11,661.55 Requesting Department: I.T.S. Contact Person: Peter Wallace Brief Description of Purchase: There is an urgent need to re~lace the older and unsupported Access 35 equipment at the Golf Course and Fire Station #3. The Access 35 equipment provides the muxing of data/voice over separate T1 circuits allowing seamless balance of data connections and telephone service. The Access 35 is no longer supported by Telco (original manufacturer) or BellSouth. As of March 2003, Telco will eliminate the service to provide refurbish equipment. The replacement of equipment by BellSouth will provide the solution of upgrading the technology while providing the maintenance coverage needed to support these locations. Source for Purchase: Emergency Purchase Fund Source: 001-1510-513-46-23 Telephone Maintenance 3. Vendor: EIMCO Process Equipment CompanyFFSC Jacobs Purchase Amount: $ 17,962.86 Requesting Department: Utilities Contact Person: John Reynolds Brief Description of Purchase: The East Water Treatment Plant uses a lime softening process for water treatment. There is a sludge thickener to process lime sludge that is a by-product in the treatment process. Ideally, the sludge needs to be dry prior to going into the vacuum filter. The sludge thickener was installed in 1978 and the gear and drive unit were rehabilitated in 1991. The rakes are original equipment and are in need of replacement. The rakes have not operated efficiently for approximately three (3) weeks and the vacuum filter is running at very Iow efficiency due to the wetter sludge taking longer to process. Source for Purchase: Sole Source Fund Source: 405-5000-590-96-02 Renewal & Repl. - Water The purchases presented in this writ. ten report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Com~, sion//~.required. City Manager Approval: ,~~/~-'~~ Date: I (~_.t.f _ ~ L_ Presented to Commission for information on October 15, 2002. i of 1 VII.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the Motor Replacement on City Hall Complex Chiller #2 as proposed by South Florida Trane Service, Option #3, for $48,800. EXPLANATION: The chiller motor has grounded out and is presently non-operational; this leaves only one chiller operating and no backup air conditioning for the entire City Hall Complex (City Hall, East Wing, West Wing, Police, and Fire Admin/Fire Station #1). See attached Public Works Memorandum No. 02-147/Revised. PROGRAM IMPACT: This purpose of this request is to repair the chiller as noted above. FISCAL IMPACT: Unbudgeted emergency repair to be funded through the deferral of engineering services for the new Public Works Complex - 302-4101-580-62.01 -- $48,800. ALTERNATIVES: South Florida Trane Service, Option #1, for $39,948 to replace motor and re-use the existing R-11 refrigerant. ~ / /De~,_/~n~(I~e~igfiature .... City Manager's Signature Jeffrey R. Livergood, Public Works Director Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC PUBLIC WORKS DEPARTMENT MEMORANDUM # 02 -147/Revised TO: Jeffrey Livergood, Public Works Director VIA: Christine Roberts, Assistant Public Works Director FROM: Richard A. Fiege, Facilities Management Supervisor DATE: October 11, 2002 SUBJECT: City Hall Chiller Repair Request On October 2, 2002, there was a failure involving Chiller #2 located in the City Hall Complex. The HVAC Mechanic checked out the unit and found that the motor was grounded. The cause of failure to the unit is unknown. But, due to the damage to the chiller the air conditioning capacity in City Hall has been reduced by 50%. Attached is a quote to repair the chiller. There are three options to the quote. Option #1 ($39,948.00): 1. Replace the motor with a Trane re-manufactured motor. 2. Re-use the existing R-11 refrigerant. Option #2 ($51,750.00): 1. Replace the motor with a Trane re-manufactured motor. 2. Convert chiller to be compatible with refrigerant HCFC 123. 3. Furnish new HCFC 123 refrigerant. Options #3 ($48,800.00): 1. Replace the motor with a Trane re-manufactured motor. 2. Convert the chiller (o-tings, gaskets, & seals) to be compatible with HCFC 123. We will not install the oriface plates at this time. 3. Re-use the existing R-11 refrigerant. I recommend Option #3 which will cost $8,852 more than the repair cost (see the attached quote). However, the conversion will be mandated by the EPA within the next two to three years. If we wait for the mandated time frame the conversion at that time is expected to far exceed the present estimated cost. We urge approval of the conversion of chiller itself at this time, but not the installation of the HCFC refrigerant. By taking this route, we will be able to transition to the use of HCFC 123, non-freon refrigerant, in the future when we take similar steps with Chiller #1. Staff recommends that we not use dissimilar refrigerants at this time. Mr. Jeffrey Livergood October 11, 2002 Page 2 Permission is being requested to proceed with the repairs on the Trane CenTraVac Model CVHE-016FAQ, S/N 188FO3190 Motor Failure; we will be also submitting a claim to our boiler insurance policy for possible reimbursement. This request should be considered an emergency because there is no additional air conditioning backup for the City Hall Complex. Attachment 683 1~1PMn 6Mth octolm, i, 2oo2 City of Boynton Beach Aim: Richard Fiege 222 N.E. 9~ Ave. Bo~on Beach, FL 33435 Re: M~tor Repla~ment Trane CVHF,-016F-AQ Chiller, ~)uth Florida Trane Service ACCEPTED BY: ,, , DAT~: 8outh Morida Trm~ ~rvic~ XII. - LEGAL ITEM A.1 O CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a vote of 3 to 2 approved this Ordinance on First Reading on October 1, 2002. For further details pertaining to the staff report, see attached Department of Development Memorandum No. 02-142. EXPLANATION: PROJECT: Bethesda Hospital Physician Parking (LUAR 02-004) AGENT: Jaime Gentile, Kilday and Associates, Inc. OWNER: Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago LOCATION: 2700 Block of SW 4th Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map for a 1.43-acre parcel from Low Density Residential (LDR) to Public and Private Government/Institutional. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES.~ N/A ~ Dev~m'~nt ~)ep~art~n'~nt Director ' (xAty Manager's Signature Plannm~g and Zol~gl~Director (j-- City Atto~rney / Finance / Human Resources S:XPlanningXSHAREDX~WP\PROJECTS~Bethesda\LUAR 2002~Agenda Item Request Bethesda Hosp. Amend 2nd reading LUAR 02-004 10-15-02.dot S:~BULLETINqFORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOY'NTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38, BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY, ADOPTING THE PROPER LAND USE OF PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER (BETHESDA HOSPITAL PHYSICIAN PARKING - 1.43 ACRES OF LAND); SAID LAND USE DESIGNATION ~S BEING CHANGED FROM LOW DENSITY RESIDENTIAL (LDR) TO PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, Bethesda Memorial Hospital, owners of the property hereinafter described, by and through their agents and representatives have filed an application for a Land Use Amendment to reclassify the property hereinafter described from low density residential to public and private governmental/institutional; and WHEREAS, the City Commission conducted a public heating on August 20, 2002, and heard testimony and received evidence which the Commission finds supports a Land Use Amendment for the property hereinafter described; and WHEREAS, during the public hearing the applicant for the Land Use nuendment made material representations which were considered and were relied on by the City Commission in reaching its conclusions regarding the appropriateness of the ~roposed Land Use Amendment; and WHEREAS, the City Commission finds that the proposed Land Use Amendment :\CA\Ordinances\Planning\Land Use - Bethesda 1.43 acres.doc is consistent with the goals and objectives set forth in the City's Comprehensive Plan; WHEREAS, after public heating and deliberation, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the ~rehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing Whereas clauses are true and correct and incorporated by this reference. Section 2. Ordinance No. 89-38 of the City is hereby amended to reflect the tg: the Future Land Use of the following described land shall be designated as Public Private Government/Institutional (PPGI). Said land is more particularly described as dlows: Lots 1 through 8, inclusive, Block 1, Seacrest Hills, according to the plat thereof as recorded in Plat Book 25, page 74, Public Records of Palm Beach County, Florida. Section 3: That any maps adopted in accordance with the Future Land Use Element ;hall be amended accordingly. Section 4: All ordinances or pans of ordinances in conflict herewith are hereby >ealed. Section 5: Should any section or provision of this Ordinance or any portion thereof ~e declared by a court of competent jurisdiction to be invalid, such decision shall not affect remainder of this Ordinance. Section 6: This Ordinance shall become effective 31 days after adoption, unless Ifchailenged, it becomes effective upon the issuance of a final order finding it in :ompliance. FIRST READING this / 55~ day of ~,C¢OJg,;t'- ,2002. ::\CA\Ordinances\Planning\Land use - ae=hesda SECOND, FINAL READING and PASSAGE this ~ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) 5: \CA\Ordinances\P~anning\Land Oae - aeChesda ~.4~ acrea.doc DEVELOPMENT DEPARTMENT MEMORANDU31 NO. PZ 02-142 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: July 15, 2002 PROJECT DESCRIPTION Project/Applicant: Bethesda Memorial Hospital Agent: Jamie Gentile/Kilday and Associates, lnc Owner: Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago Location: 2700 block of SW 4~ Street (Seacrest Hills) (See Exhibit A) File No: Land Use Amendment/Rezoning (LUAR 02-004) Property Description: Four single-family homes as well as vacant property comprising +1.43 acres, classified Low Density Residential (LDR) and zoned R-i-AA (Single Family Residential) Proposed change/use: To reclassify the subject property from Low Density Residential (LDR) to Public & Private Governmental/Institutional (PPGI), and rezone from R-1-AA (Single Family Residential) to PU (Public Use) for the purpose of building an auxiliary parking facility. Adjacent Land Uses and Zoning: North: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family residential). South: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family residential). East: Developed property (Bethesda Memorial Hospital campus) designated Public & Private Governmental/Institutional (PPGI) and zoned PU (Public Use). West: Right-of-way of SW 4m Street then developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family residential). PROJECT ANALYSIS The subject parcel totals _+1.43 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- Page 2 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02~004 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. The 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 amendment/re:oning wouM be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase hz dwelling unit density exceeding 50 in the hurricane evacuation ,,one 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 wouM have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy i. 16.1 provides a definition of the Public and Private Governmental/Institutional land use classification and lists the uses generally allowed, including: "ins ritutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies..." There are no other Comprehensive Plan policies dealing with this land use classification or the interaction of the uses allowed in the classification with those allowed in other land use classifications. The intensity of a hospital use, however, is closely related to more intense commercial or industrial uses, both in terms of traffic generated, hours of operation, number of persons employed, light and noise impacts, as well as in terms of benefits to the community. There are policies addressing the incompatibilities between residential uses and both high-intensity commercial and industrial uses. Policies 1.17.3 and 1.17.4 of the Future Land Use Element read as follows: l. 17.3 "The City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations "; and, 1.17.4 1.17.4 "The City shall adopt and enforce regulations to require solid vegetative screening between industrial and residential uses, wherever practical, in addition to buffer walls." The justification statement submitted by the agent on behalf of the applicant (Exhibit B) underscores the existing incompatibilities, stating, "Due to the intense nature of the various mechanical equipment that is located behind the hospital, near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary. issue for them is the noise that the mechanical equipment creates." b. Whether the proposed amendment/re'~oning wouM be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or wouM constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The applicant offers that by extending the hospital-related parking uses into the residential neighborhood; a suitable and significant buffer can be created to alleviate the incompatibility issues. The proposed land use amendment and rezoning might appear as ancillary to the abutting hospital uses to the east, nevertheless, the change would create an intrusion of an incompatible and intense use into the stable residential neighborhood to the west. Even though the hospital's most intense impacts are in very close proximity to the homes, there is a regular and accepted boundary separating the two uses. Page 3 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 The intrusion of the hospital's uses will not only serve to weaken the existing fabric of a stable residential neighborhood, but could also have a negative effect on property values, in part by establishing a unique element that would make the neighborhood less desirous as a place to live. c. Whether changed or changing conditions make the proposed rezoning desirable. The applicant has cited increasing demands for hospital parking as an on-going problem, and proposes to solve a part of that dilemma with the construction of two covered parking structures for physicians. A July 1999 in-house parring study, prepared for Bethesda Memorial Hospital by Kimley-Hom and Associates, Inc., outlined eleven (11) options (Exhibit C) for meeting the projected increased parking demands. The expansion proposed in this application was not among those options, and staff is unaware of any, more recent, update to that 1999 study, which would change those original options. In June 2000, staff recommended approval for a land use amendment and rezoning for the hospital that became the site of ancillary parking on the southeast comer of Seacrest Boulevard and SE 24~ Avenue. At that time staff requested that the hospital share their long-range expansion plans with city staff, so that the hospital's plans could be coordinated with the city's future land use plan. The request has been repeated several times to various representatives of the hospital who have approached the city in exploring different parking options. d. Whether the proposed use wouM be compatible with utility ~sterns, roadways, and other public facilities. The proposal to remove four existing dwellings and four vacant parcels from the land supply for residential use will in turn reduce the demand for water and sewer services as well as recreation facilities and services. The traffic statement submitted by the applicant states that the proposed parking facilities would not be provided access to S. W. 4m Street, potentially reducing traffic on the residential street by as many as 40 trips per day, and is not expected to generate any additional traffic to the overall hospital property. With respect to solid waste the Solid Waste Authority has stated, within 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 of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning wouM be compatible with the current and future use of adjacent and nearby properties, or wouM affect the property values of adjacent or nearby properties. As stated in response to criterion "b ' above, both the applicant and staff agree that the use is incompatible with the abutting residential uses. While the applicant sees the construction of parking structures as an enhancement to the residential neighborhood that could have a positive influence on property values, staff is of the opposite opinion. f Whether the property is physically and economically developable under the existing zoning. Physically, the vacant property is developable for single-family homes. In the justification for the amendment/rezoning, the applicant states that some of the most noxious uses associated with the hospital abut these properties, thereby already reducing the economic value of them for residential use; and further states, that the size and dimensions of the property make it unsuitable for any hospital- related use other than parking. Page 4 , Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 g. Whether the proposed amendment/rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Based on site plans submitted for the parking structures, there will be a total of eighty-five (85) covered parking spaces provided. Given the existing spaces that will be lost to circulation and landscaping, the net increase is seventy-three (73) spaces. This increase may relate to the immediate needs of the hospital's doctors; however, it seems to be only another incremental adjustment to temporarily solve a problem that should be handled through a comprehensive master parking plan. In addition, while solving its own immediate problem, the hospital is creating lasting problems for the stable residential neighborhood that must absorb its impacts. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Because of the very nature of an accessory parking use, a citywide consideration of sites is not applicable; however, based on the information contained in the 1999 parking study, there are no other areas adjacent to the hospital that can serve as parking and would also afford the physicians the proximity to the hospital that they require. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is not consistent with the intent of the Comprehensive Plan. Granting the applicant's request will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; however, the amendment and rezoning will be incompatible with adjacent land uses and could have a negative effect on the value of the adjacent residential properties. Therefore, staff recommends that the subject request be denied. If the final recommendation is for approval of the request, conditions should be added to the approval that would ensure the construction of a solid six (6) foot masonry wall and heavy landscaping completely along the boundary separating the hospital uses from the residential neighborhood, in conformance with the Future Land Use Element policies 1.17.3 and 1.17.4. These would be included as a separate exhibit. ATTACHMENTS \\ChxMAINXSHRDATA\PiatmingxSHAREDXWI~,PROJECTS\Iled',~da~LUAR 2.002\staff relmrt.doc Location Map :_:,,::,=.-.~. SJ/2.~,0 T~ _.>- ~ '-' PUD SITE ~ ' , =.~ ~ ~ . : -.~ ,, ~ ,, ,,~ J-USTI~'[ CA TI'O,N STATE)lENT ~r~F¢~7 owne~. ~o ~men~ ~e [~nd use des:E~a~:cn and zonin~ o~ ~zzF¢~?' desi~acion on a [.43 acz= fzo~ Low D~.~z:'C; R.~ ..... ::~i (tO~) cc ~' ~'"' Govemmen~nstim~o~Z ~PGD, ~d d~¢ zonin] ~com RJ.~4 :o F~biic 6"ne (PCS. approval of ~is app~cadon (~ w~ii ~ a concu~eat razoning application ca ~ong ~e aox&em prope~y Hn~ of m~ hospice) ~he ¢nt~r~ hosoi~a/pro~e~7 wili be under a single l~d ~¢ desi~a~on ~PGD and zoning dismc: ~LU, which ~: consistent wi~h the uses ~scciat~d widx abe hospice. ~ ne subjec~ pro~e~7 includes ¢i~q~ [ocs. s~x (Io~ [-6) cf ~nese ~ owned by a~e hcsci~. Thc rzm~ning vso faa (Io~ 7 & 8) ~-= under con,mc: by d~e hosmc_~ for Tr, es~ ~{ghc lo~s ~: g~ of ~ estabIished r:s~d=n[~ subdivision c~Z~d Seacr:as~ A c~n~ problem ~ar ~e hospi~ h~ re:eatery, faced over ~e .v¢~ is a sho~a~=, cf adequate p~Mng spaces. This h~ crea~e~ ~ uasigh~y mhd al=porous sima~on for s~2 paden=, mzd visitom. Prcseady, dze mos: acut~ p~-idn~ sho~age for me hospic~ is which will seize :he hospi~'s physicimqs. A concur:nc sice'gimq appiica:cn h~ been sabmJ~:ed wi~ chis app~cation for ~ese covered p~Mng spaces. ~qis pro~esal will serre r,vo pu~oses. FLoc, i: wii/ or, vide :re aecess~W p~Mag svac:s for :he hospital physici~s, close to ~e physici~ ~aL~c:. S¢co=~ it will help :o resolve some o( ~he incompa~biEcy probiems ~ha~ cu~enrly exis~ be~e=n :he hespi~ and adjac:n~ homeowae~..,~e ~=a sublet:, co :his a:viicaden., c .... .... nc~'i', set/es ~ a buffer za~s bet,,vssn ~e rssidsn~ co~uni:v a~d d,. 2CSD~EZ:. l ~c .zu~sn: uses c~ i;zg f~2/,/ homes ~d vacan~ lo~) have f=ied ce Frc'.'ide a sufficient fane:iaaa! bet',veto abe adjacent incon~aent [m~d uses. Due :o ~he ins:nsc n'avzr: cf the ','~eus :,her: have been inevi~ble conNic:s be~e:a =he neighban &qd ~he hospice. Disc~sions wi~ ~he neighbon have =vealed :ha: :he primly issue 5or :he~ is ~he noise :ha: :he mech~ic~ equipment ~at:s. These r=siden~ have reco~ended ~a: a solid wall be consorted to ac: ~ a visu~ ~d ~ncdcna! b~er along ~e western a .... The proposed ~.d ~e ~en~ment. r=zoniag. ~d subsequea~ sic: ~tan aacrov~.. pe~J: the hospital to recdfy ~c exis~ng incompa=bilices a~ong ~his praFca7 [ine ~C'STrFt~TrO,V ~.4TEME,~T 8~es~ ffosp~a[ Pag~ I ~:ii~v¢~ wi:~ ~e physicians p~ng RESPO:VSES TO A PPLZCA TfON 9 UESTP) vs appUcable comprehensive p~ poEciez. ~r:'/ious sec:ion. 2) }~erher the propoged ~nd use ame~men:.ge=oning ~ou~ be con~aO co esrabl~hed ~nd use p~ern, or wou~ creaze an ~o[~'ed die'cc unfed'ed co ~]acenr and nearby ~crs or wouM cons~2uce a grant of spec~ F~viJege an ~divMuai prope~ owner as con~asred w&'h cae protec~on of cae welf~e. The existing l~d use pa=em ~ong ~e west proFexy tine off ~%e hosoirai ~ established ~d h~ proven to be problema~c for bc~h ~: hcs~ir:t and d~e adjacent ccmbiaed wi~ ~e lack of a si~ic~c physical buffer, have cr=a~ed ~uis problem. ad&dom ~e hosp~c~ s unsa~sfactor/p~!dng s::u~:ion for ~ze~r :~vsicians is a prcb'~- :~a~ ~e hcspi~ mus~ resolve. TNs pea~on he!ps ~o rec:ifv bo~ sima~ons. 3) ~ether c~ged or c~g cond~ns m~g &e proFosed ~nd use The con6nued mech~c~ op~dons bedrid ~%e hospk~ have creace~ compa~biik7 issues for ese ~jac=nc nei~bom. ~ ~on, ~e ~,csnirai's p~Mng ne=~ ~= upon ~,e ~ow~ ~d continued succ:s~ of abe medic~ foci!iaea. =~2 ;yxte~; to.ways ~M o~er pubI~ facg~s. Siac: ~is applica~on will ~su!t in a ~ducdo~ of eisa: dwelling ur.i~, ~s ~e:kic~. ~du:: c~e impac~ on u~e Ci~'i pubEc 5) }}~erher &e ~ro~oxed ~nd use ~endme,~'kegoning wouM be complete the cu~ ~d ~mr~ ~e of ~jacent and he.by prope~es or wouM affect cae prope~ v~ues of ~jacent ~d he.by proge~es. A.s a r:su!c of ~is [mud us~/r=zo~ng a=orov~... :he incam~a~,~t.~.~~ ;~'~'r-- ~saues' :k'z~ ....... ....... ,',' ~"gs pro,cay line. ~so, propeay v~ues will incr:~e b'./vi~e of fac: u~a: :~eir will uaw be ::a~nty in ~e hospi~ bound~es ~d i~ proposed uses for ~e 6) ~e~er ~e prope~ ~ phys~M and econom~MIy deveMg~e under &e ex~g ~ ~e desig~W:onin~. ,, au~j~t [a~ ~= adjacent to ~e moat noxio~ uxes ~acia~e~ wi~ ~e 8ospiml, h~ er:areal problems for sevc~ of ~c c~en~ reside~. Obviously. developing JL~[F[CA TION STA TEME~T 8ethe~da Page 2 of 4 zonin~ dish, c:, would be a ~evous e~cn Enn~:n~ ~hes~ [ocs. s~x o~ which ~ 7) Whether the proposed [an~ use a,~exd~enc/rezonin,ff ~ of a ~ca/~ reasonabQ re,ed to the nee& of the nef&,hborhood and the eL? ac a whole. hosv/rai, the su~ounding cow~munir7, as we~l as abe Ciu/'s he~rhc~ }~erher there ~e ~equare s~es ekewhere in the c~ for the proposed d~crs where such use ~ Mre~; allowed. Ccnsid:dag rh~ fac: ~ar ~e physicians varidnz a-aa muss be in ciosa ~rc,:dmzry hospiraI ~d ~e hct ~ar ~ere ~ existing incompaabiliry issues which can ~e II(h) 1.5 ,4 cornparixon of the impacts thor wouM be creazed by cae development under C.~e proposed zoning w~h the ~pacrs that wouM be created by development under the proposed zoning. The existing zo~ng for is Rl~. There ~-: eight p[aaed single f~Iy lo~ on uhe pmpe~y. ~erefo~, eib: single f~Iy homes could be built on ~e sire, each wi~ ~veways ~ces~ng SW 4a Sc ~s ~zomng to PU is re pe~t ~e ~ea re be ~ed for ~men~ons of ~e site essenfi~Iy m~<: ic unsuitable for any erbar hospimi uses. By eHmnadng ~e potenfi~ for eight homes, uhe impacm on water, sewer, [~r~c, e:c wfl3 ke diwJnished wish Sis cozening approve. Comparison of water demaru~ for proposed and ei~.sring zoning. ~ne P~m Beach Coun~ s~d for det~2ning war:r dem~d is 1~0 g~!cn~ 7er ca:ira ~d 2.i pe~ons per mn Cn~r ~e exisdng zo~ng :he sire would g~nemtx a tara! cf 3,156 g~Ions per day. Under ~e proposed zoning. [he2 [~caping ~ ~r~ady av~Iable to uh= H(h)(D Compa~on of $ewer demand for ~roposed ~J e~nff ~a P~m Beach County ~t~d for da~a~ng sawer darned ~d 2.4 pemona per uni~ ~a existing zoning will genarar= 1,920 gallon~ per ~v. Under IL'STIF[~4 TZON 5~4 TEME.~ Be~hesda Hosp~l Page J ~f 4 or CRy. Commission, the app[:,canr sh~tl [~rovide addi~,'onat regarding the size. sewer, and roadway facilities. [n addition, the ad/ac:ac propexiea ,.vili ee ser,'e~ b:,' provi~ng a sotid, aes~e~c~iy pleasing buffer be:ween the back of one kospirai and existing residenti~ co--unity. IUST[F[C~t TION ST.4 TEME. VT AL TERNA TIVES FOR PARKING EXPANSION Options 3. ~. 25~ 8. ~ A 7. 2~00 8. 2300 9a. 2800 option [isrefl above. ~ae acraal number of spaces ~9ar c~ be buik o~ a sire ~ac: dim~sion$, ~d I~ping requ~=. ~ae ~mat~ p~ded ~ ~ds Page l 0 mOLF RD. f 23rd AVE. ~ 3~/~~ N.w. I / N.E. i f 2~ AVE. ~ARCEL PA~K~NG I ] PARKING i I~-- ~ GARAGE I , GARAGE I il I / , I I II I W~STCHESTER / I III I I RESIDENTIAL / r__Jll I / I i !1 ! AREA / i I II I / i I I1 I / I !i i~ARLY I I i I I ! LEARNING / / ~ I I I ! CENTER / 2 ~ th A V. / I i I 180~DER / (___j II IEXPANStON I / 2450 Av I i~l ~ I ! 25[h AV. ! ~ 2800 18EAC~EST / / ) _f ~G~ 3 P A~ING AL ~ T~ES XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACI-] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Mcetinu Dates in tO City (~lerk's Office Meetin~ Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October [5, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfimshed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a vote of 4 to I approved this Ordinance on First Reading on October l, 2002. The Ordinance was revised to also prevent potential expansion of the lot to the south, in addition to the north and west as currently drafted (see Section 2.e). For further details pertaining to the staff report, see attached Department of Development Memorandum No. 02-142. EXPLANATION: PROJECT: Bethesda Hospital Physician Parking (LUAR 02-004) AGENT: Jaime Gentile, Kilday and Associates, Inc. OWNER: Bethesda Memorial Hospital, Smfilien Georges, Jesus & Joan Santiago LOCATION: 2700 Block of SW 4a Street DESCRIPTION: Request to rezone a 1.43-acre parcel from R-l-AA (Single Family Residential-5.40 du/ac) to PU (Public Usage). The rezoning Ordinance expressly incorporates several conditions of approval Those conditions are set forth in Section 2 of the proposed Ordinance. The conditions were discussed during the Public Hearing and agents of the applicant acknowledge their agreement and acceptance of the conditions. The draft Ordinance was forwarded to counsel for Bethesda Hospital who reviewed it with Bethesda's Board and now recommends alternative wording of item "c" under Section 2., thereby allowing acceptions to the stated access limitations (on S.W. 4th Street) to be determined during site pl~an review. This revision has been made to the Ordinance for Co.mfission consideration on Final Reading. PROGRAM IMPACT: N/A ALTERNATIVES: N/A Devel~ City Manager's Signature Planning and Zo'nmg Dirgc~'8~e- City AtO~e~ / Finance / Human Resources s :LPlanningXS HARED\WPXPROJECTSXBethesda~LUAR 2002XAgenda Item Request Bethesda Hosp. Rezone 2nd reading LUAR 02-004 10-15-02.dot S:~BULLETINWORMSL~,GENDA ITEM REQUEST'FORMDOC DRAFT REVISED 10,'2,,'02 I ORDINANCE NO. 02- Z;5'3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BETHESDA MEMORIAL HOSPITAL; AMENDING ORDINANCE 02-013 OF SAID CITY BY KEZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO PU (PUBLIC USAGE); PROVDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said and WHEREAS, Bethesda Memorial Hospital, as owner of the property more iy described hereinafter, has heretofore filed a Petition, through their agent, tmes Gentile/Kilday and Associates, Inc., pursuant to Section 9 of Appendix A- of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose rezoning a certain tract of land consisting of + 1.43 acres, said land being more mrticularly described hereinafter, from R-l-AA (Single Family Residential) to PU Usage), subject to conditions regarding furore expansions and access from ',W 4th Street, and the reversion to existing zoning; and WHEREAS, the City Commission conducted a public heating on August 20, .002, and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and :\CA\Ordinances\Planning\Bethesda\Rev 092502 Rezoning - Bethesda - 1.43 acres.doc WHEREAS, during the public heating the applicant for the Rezoning made material representations which were considered and were relied on by the City Commission in reaching its conclusions regarding the appropriateness of the proposed rezoning. The material representations made by applicant are set forth in the minutes of the City Commission meeting/Public Hearing conducted August 20th, 2002. WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously :onsidered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zoning Map as hereinafter ;et forth. NOW, THEREFORE, BE IT ORI)AINED BY THE CITY }MMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission based upon the representations and ~nsent of the applicant in public heating, imposes the following conditions to the a. That the applicant apply for a building permit on or before August 20, 2004; b. That if applicant fails to apply for a building permit on or before August 20, 2004, zoning on the property will revert to R-1-AA; c. That during construction on the property, neither the applicant, or its agents or assigns, will use S.W. 4th Street for ingress or egress, except :\CA\Ordinances\Planning\Bethesda\Rev 092502 Rezoning - Bethesda - 1.43 acres.doc for minimum use to complete the landscaping and improvements to the berm/pathway area. In response to a request by the contractor for the project, the Building Department may approve exceptions to this condition, as necessary to accommodate specific situations during the construction process where it is determined to be unsafe or unreasonable to require access from the east side of the property. Any such request and approval shall seek to avoid or minimize any disruption to the adjacent residential neighborhood. d. There will be no ingress or egress to the property from S.W. 4th Street, following construction of the proposed parking lot; and e. The applicant's Board of Directors/Trustees will adopt a Resolution expressing its commitment not to acquire additional property to the west~ or north, or south of the property which is the subject of this rezoning, for further expansion of the hospital, support facilities or parking area.. Failure of applicant to comply with the foregoing conditions, whether construed as :onditions precedent or conditions subsequent, shall constitute grounds for reconsideration or rescission of the approval of petitioners application for rezoning. Section 3. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lots 1 through 8, inclusive. Block l, Seacrest Hills, according to the Plat thereof as recorded in Plat Book 25, Page 74, Public Records of Palm Beach County, Florida. Containing approximately + 1.43 acres of land. :\CA\Ordinances\Planning\Bethesfla\Rev 092502 Rezoning - Bethesda - 1.43 acres.doc ~e and the same is hereby rezoned from R-l-AA (Single Family Residential) to PU (Public A location map is attached hereto as Exhibit "A" and made a part of this y reference. Section 4: That the aforesaid Revised Zoning Map of the City shall be amended Section 5: All ordinances or parts of ordinances in conflict herewith are hereby Dealed. Section 6: Should any section or provision of this Ordinance or any portion ,f be declared by a court of competent jurisdiction to be invalid, such decision shall affect the remainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. READING this / ~ day of ~C._'~ k)o----~ , 2002. ECOND, FINAL READING and PASSAGE this ~ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: Clerk ICorporate Seal) \CA\Ordinances\Planning\Bethesda\Rev 092502 gezoning - Bethesda - 1.43 acres, doc Location Map EXHIBIT "A" Bethesda Hospital Physician Parking NWSP 02-011 DEVELOPMENT DEPARTNLENT MEMORANDUM NO. PZ 02-142 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: July 15, 2002 PROJECT DESCRIPTION Project/Applicant: Bethesda Memorial Hospital Agent: Jamie Gentile/Kilday and Associates, Inc Owner: Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago Location: 2700 block of SW 4~ Street (Seacrest Hills) (See Exhibit A) File No: Land Use Amendment/Rezoning (LUAR 02-004) Property Description: Four single-family homes as well as vacant property comprising +1.43 acres, classified Low Density Residential (LDR) and zoned R-I-AA (Single Family Residential) Proposed change/use: To reclassify the subject property from Low Density Residential (LDR) to Public & Private Governmental/Institutional (PPGD, and rezone from R-I-AA (Single Family Residential) to PU (Public Use) for the purpose of building an auxiliary parking facility. Adjacent Land Uses and Zoning: North: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-1-AA (single family residential). South: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-1-AA (single family residential). East: Developed property (Bethesda Memorial Hospital campus) designated Public & Private Governmental/Institutional (PPGI) and zoned PU (Public Use). West: Right-of-way of SW 4~' Street then developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-I-AA (single family- residential). PROJECT ANALYSIS The subject parcel totals __+ 1.43 acre. Because of the size of the property under consideration, the Flor/da Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small- Page 2 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 scale" amendment is adopted prior to forwarding to the Flor'ida Department of Communi .ty Ai:fairs 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. The criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Ivlap. a. Whether the proposed amendment/reconing wouM 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 ~one without written approval of the Palm Beach County Emergency Planning Division and the City' s risk .tanager. 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 1.16.1 provides a definition of the Public and Private Governmental/Institutional land use classification and lists the uses generally allowed, including: "ins titutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies..." There are no other Comprehensive Plan policies dealing with this land use classification or the interaction of the uses allowed in the classification with those allowed in other land use classifications. The intensity of a hospital use, however, is closely related to more intense commercial or industrial uses, both in terms of traffic generated, hours of operation, number of persons employed, light and noise impacts, as well as in terms of benefits to the community. There are policies addressing the incompatibilities between residential uses and both high-intensity commercial and industrial uses. Policies 1.17.3 and 1.17.4 of the Future Land Use Element read as follows: 1.17.3 "The City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations "; and, 1.17.4 1.17.4 "The City shall adopt and enforce regulations to require solid vegetative screening between industrial and residential uses, wherever practical, m addition to buffer walls." The justification statement submitted by the agent on behalf of the applicant (Exhibit B) underscores the existing incompatibilities, stating, "Due to the intense nature of the various mechanical equipment that is located behind the hospital, near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the prima~ issue for them is the noise that the mechanical equipment creates." b. Whether the proposed amendment/rezoning would be contraW ,~o 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 applicant offers that by extending the hospital-related parking uses into the residential neighborhood; a suitable and significant buffer can be created to alleviate the incompatibility issues. The proposed land use amendment and rezoning might appear as ancillary to the abutting hospital uses to the east, nevertheless, the change would create an intrusion of an incompatible and intense use into the stable residential neighborhood to the west. Even though the hospital's most intense impacts are in very close proximity to the homes, there is a regular and accepted boundary separating the two uses. Page 3 ' Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 The intrusion of the hospital's uses will not only serve to weaken the existing fabric of a stable residential neighborhood, but could also have a negative effect on property values, in part by establishing a unique element that would make the neighborhood less desirous as a place to live. c. Whether changed or changing conditions make the proposed rezoning desirable. The applicant has cited increasing demands for hospital parking as an on-going problem, and proposes to solve a part of that dilemma with the construction of two covered parking structures for physicians. A July 1999 in-house parking study, prepared for Bethesda Memorial Hospital by Kimley-Horn and Associates, Inc., outlined eleven (11) options (Exhibit C) for meeting the projected increased parking demands. The expansion proposed in this application was not among those options, and staff is unaware of any, more recent, update to that 1999 study, which would change those original options. In June 2000, staff recommended approval for a land use amendment and rezoning for the hospital that became the site of ancillary parking on the southeast corner of Seacrest Boulevard and SE 24m Avenue. At that time staff requested that the hospital share their long-range expansion plans with city staff, so that the hospital's plans could be coordinated with the city's future land use plan. The request has been repeated several times to various representatives of the hospital who have approached the city in exploring different parking options. d. Whether the proposed use would be compatible with utili~ ~sterns, roadways, and other pablic facilities. The proposal to remove four existing dwellings and four vacant parcels from the land supply for residential use will in turn reduce the demand for water and sewer services as well as recreation facilities and services. The traffic statement submitted by the applicant states that the proposed parking facilities would not be provided access to S. W. 4~' Street. potentially reducing traffic on the residential street by as many as 40 trips per day, and is not expected to generate any additional traffic to the overall hospital property.. With respect to solid waste the Solid Waste Authority has stated, within 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 of the conditional 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 adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated in response to criterion "b" above, both the applicant and staff agree that the use is incompatible with the abutlJng residential uses. While the applicant sees the construction of parking structures as an enhancement to the residential neighborhood that could have a positive influence on property values, staff is of the opposite opinion. f Whether the property is physically and economically developable under the existing zoning. Physically, the vacant proper~ is developable for single-family homes. In the justification for the amendmenffrezoning, the applicant states that some of the most noxious uses associated with the hospital abut these properties, thereby already reducing the economic value of them for residential use; and further states, that the size and dimensions of the property make it unsuitable for any hospital- related use other than parking. Page 4 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 g. Whether the proposed amendment/rezoning is ora scale which is reasonably related to dze needs of the neighborhood and the cim. as a whole. Based on site plans submitted for the parking structures, there will be a total of eighty-five (85) covered parking spaces provided. Given the existing spaces that will be lost to circulation and landscaping, the net increase is seventy-three (73) spaces. This increase may relate to the immediate needs of the hospital's doctors; however, it seems to be only another incremental adjustment to temporarily solve a problem that should be handled through a comprehensive master parking plan. In addition, while solving its own immediate problem, the hospital is creating lasting problems for the stable residential neighborhood that must absorb its impacts. h. Whether there are adequate sites elsewhere in the ci~ for the proposed use, in districts where such use is already allowed. Because of the very nature of an accessory parking use, a citywide consideration of sites is not applicable; however, based on the information contained in the 1999 parking study, there are no other areas adjacent to the hospital that can serve as parking and would also afford the physicians the proximity to the hospital that they require. CONCLUSIONS/RECOMI~flZ. NDATIONS As indicated herein, this request is not consistent with the intent of the Comprehensive Plan. Granting the applicant's request will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; however, the amendment and rezoning will be incompatible with adjacent land uses and could have a negative effect on the value of the adjacent residential properties. Therefore, staff recommends that the subject request be denied. If the final recommendation is for approval of the request, conditions should be added to the approval that would ensure the construction of a solid six (6) foot masonry wall and heavy landscaping completely along the boundary separating the hospital uses from the residential neighborhood, in conformance with the Future Land Use Element policies 1.17.3 and I. 17.4. These would be included as a separate exhibit. ATTACHMENTS \\ChXMAINXSHRDATA\Planning\$HARED\WP~PROJECTS\B~th~daXLUAR 2oO2\staff re~ort, doc .fL'$T'FFICATTO',; 5TA T £) ~.",,'T B~.*h~sda/-Z'. u~,"-°~:z' L=.~ C';e ," desi~cm..ac.;on on a L.~] ac:',~ fram /'~w D~.%-L'y R ........... (LD.R.) ~c aiong mc rmcd~em progeny Er, e of me hosmc~) -~ ~ single l~d ~e dcsi~a~on ~PGD ~d zcnin~ disco: ~g3, which ~ cc~sis~:~ ';" d~e ~es ~sc~a~d wi~h ~e hosgi:~. ~c subjes~.~ge=7 inc!udes ei~hc~ [o~, six (~c~ L-.~'~. of c~s~ ~-: aw:ed ..~'/d~: hcsci~. ~ne ~m~niag ~o Io~ (Iau 7 & 8) ~: under cc~u~c: by me hcsoiai s~. ~a~en~, ~d ~dsi:o~. F~scn~v, C~e mcs: z~''.~ ~:c~ skc~z~e f,:~ '= ' ' ' ~asing co cons~c: ad~on~ ~dng s~aces. ,.vid~j~ a cave~d ~-~n~ which wiI! seize ~hc hosDi~'s Dhysid~ns. A¢cr. cu~:~: si:~ ~{~ aDDiic:~c~ h~ been subm~a~ wi~ ~is &DDEca~on for ~ese cove~d D~i~n~ sD~es. for :he hosDi~ D~i~. close ~ ae paysici~ ~as~ac~. Seson~ k wix he~p :~j~cen~ homeowner. ~e ~a subj.: co ~is a~giic:~cn cu~ndy sea/es ~ ~ bu~r :---;;'/ homes ~ v~: [c~) have ~;r~ cc :::'.'{d: - sufficient f~sdcn~ ~¢:'.ve:n ~ ~dj~c:~ /ncan~=c l~d ~s~s. Due ca m~ mc:~s¢ na~: cf Disc~sions wi~ ~¢ ne/ghbo~ h~ve ~'/¢=!¢d d~:~-.'h- ¢~m~-/. issue ~r d~¢= ~s ~h:: ~hc m~h~dc~ eq~pmcn: ~ac:s. ~ncsc re~i~n~ h~v¢ ~o~ded mr: ~ solid w:!I be ¢a.ns~:c::d co ac: ~ ~ visu~ ~d f=~c'2cn:~ b~:: :lcn~ d~¢ wes::= :inc. ~ae gropascd l~d ~c ~cn~cna ~zoning. ~d subscqucn~ s/cc gt~ :ggrov~ will ~c~: ~c hospi~l co ~cfify ~e existing {ncomD=~bilides ~ong ~is ~rcFe='/ tine b'/ IU~IFr~ r/o,v ~t ZEME.~T Pzge l fi4 R£$PO:VSE$ TO .4 PP£ICA T[ON 0 C'EST[/) v< a:~Ecable compreh~ive p~ ~ae orcoosal is consis~aac wi~ abe Cam.~r:h:nsi','~ = .... ,-"-' ' C:sc=bcd :z ma ¢r=vious secdon. 2) ;~erher &e propoged ~nd usa ~eaa ........ r..o .... ~ - osr~l~hed ~d use p~e~, or would create an ~oI~ad d~.~cc u=re~'ad co ~face~ ~d no.by ~Mc~ or wouM co~sd~uca a gran: of spoc~I gdvde~e co an ~iv~u~ prop~ ownar ~ conPas:ed ~ cae proration of the ~s~[ish~d ~d h~ p~ven to be p~b[e=a~¢ far bc~h at: hospital ~d d~a homeowner. ~ v~o~ m~h~icM ~es [cc2:~d [n c~: r:~ of mc hcs~ic~ cambin~ w[ch ~c [ack of a si~fic~t ~hvsic:i buffs:. ~," ¢:::t:d mas :::b[~m. r~at ~c hospi~ m~: ~so[vc. %~s pcddon hc~ps :o ~cdfy bc~h siczado~s. 3) ~e~r c~ged or c~g cond~ns m~z cae profos~d ~ use ~e~e~r~o~g ~le. ~ac continued mcch~c~ ooc~do~ bc~dnd 'h. hcscic~ nave crca::d issues for ~c ~j=~c neiSbo~. ~ ad. doc, ~c hospi~'s p~g ne=~ =: u:cn cbc ~ow~ ~d condnu~ ~:~s of abc medic~ f~Hdes. ~e~her ~e ~ropox~d ~ ~e ~e~erm/rz:on~ ~'ou~ be comg~ a~ ~, ro~w~s ~ o~,r p~ fatal~s. Sine: ?..his a~pticadcn will ~s~t in a ~ducdon of ei~c dwctiing uniu. d~s :aXdcn ,Mil 5) ~:her ~ groFosed ~ us~ ~endm~na're:~n~ wou~ be comp~bie .~.s a ~su!: of d~is [~ud ~/~o~n$ app~v~, aha {ncom~acibili:7 :ssuas mac ~is: aic~g mc ~:s:am p~pc~/ linc of a~e hcs=~cz~ :an ~ ~i~,,.iac:a. Th: ,,,-~u~ ' ' ' adiac:~: ~gc~des will b~c~t ~m ~9= ~ahon cc: suzs:~::~. ~:L-:c~','= ~u~r ;, - a~s prate='/tine. ,Mso, propc%y v~ues will friar=ac U,/vitae cf fac: aha: 'h_i- will now be :~n:y in ~: hospi~ bomu~cs ~d i= p~pesed uses for me ~a. 6) ~e~zr ~e prope~ ~ phy~ ~ econom~y deve~p~le under the . subject lo~ ~ adj~cnt to mc most noxio~ uses ~scciacad wiu9 me hosFital, wbdch n~ ~a~d pmblc~ for scv~ of ~c c~t resident. Ob,4cusl7. da./elcping Page 2 of 4 kospicaL ~k~ surounding co~uni~y. ~ w&~ ~ L~~ Ci:',"s he~mc~-z ;~e~her ~ere ~e ~aqu~e ~as ~ewher~ ~ c/:~ eL?ibc th~ ~rv~o~'eJ =ce. in d~c~ ~here ~uch ~ ~ aZre~y allowe~ Cans~ds~ng ~hc fact ~ ~.c pb. vsicians o=-~dng ~-sz m~: ~e ~z '; .... '-'"' hos~i~ ~d ~e fac: ~a~ a~ ~s exis~ng incompa~bi[ic'/issues ,.vh~c~ czz .¢ fi(h) ehe progosed zon~g w~ ~e ~pac:s e. qac wouM b~ crea:ed by d~ve[ogme~: u~er ~e proposed zon~g. prepay. Tn~fo~, ~qveways ~c~ng SW Ca Sc T~s ~omng co PU is :o pe~c me ~sa ~o be ~ed far phy~d~ ~mcr~ians cf c~e site ess~d~!y m-2<s it ~suimbi~ 5st ~n'/ c~nsr ~csoi~ ~s. S y s~adng ~Anished ~ ~s =zoning affrayS. Compar~.~on of water dernand for ,~roposed and ~e P~m Bcac~ Co~W ~~ for ~ning ~d 2.¢ pecans F~ m~c Gn~ ~e ~ng zo~ng ],156 g~!cns ;er ~y. U~ ~e ~ose~ zoning. [~caging ~ ~ady av~lab[~ co a~c pmge~/. fffh)(D 2c P~m Beth Comity st~ for dccs~J~ng scw~ md 2.~ ~cmons ~cr anic Thc exis~ng to.rig will ac pm~ose~ zoning. ~e~ ~ no md~pat:d sewer nc:~. lC'~;FtC~ ~0~ ~ .Lc.($.12) At the reques: of the Planning De~azw~.e.~c, ~ ~m~os~ zoning ch~g~s w~U on/?' s~,.v~r, and ~adway facilid~. In addition. ~rovi~ng a so[i~ aesuhedc~Iy preying ~x~sdng r~sid=ntiz! co--unity. Addtionai info~aticn wiII be provided co s:aff :,<~miey-Hcr~, Ex ~ i b i ~: C AL TERNA TIVES FOR PARK/NG EXPANSIQN Opdon$ OLF RD. ~ ~ 23rd AVE. r- ] t' 1 ! 2Srd AVE. ~ARC~L / [ j II IEXPANSiON XII. - LEGAL O ITEM A.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September l7, 2002 September3,2002 (8:00a.m.) [] Novemberlg, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Public Hearing and Legal, Ordinance - Second Reading. The City Commission approved this request on First Reading with a 4 to 1 vote, subject to all staff comments except #5, thereby allowing the buffer to be reduced to meet project design characteristics. For further information, see attached Department of Development Memorandum No. PZ 02-188. EXPLANATION: PROJECT: QUANTUM PARK DRI NOPC/MASTER PLAN AMENDMENT #13 (DRIA 02-001/MPMD 02-002) AGENT: David B. Norris, Esq., Cohen, Norris, Scherer, Weinberger & Wolmer OWNER: Quantum Limited Partners, LLC LOCATION: Quantum Park DRI DESCRIPTION: Request to amend the Quantum Park DRI/Master Plan to change the permitted use on Lot 89B from "Office Industrial" (OI) to "Mixed Use" (MU); Lot 3 from Industrial (IND) to "Office Industrial (OI); and Lot 34-C from "Reserved" to "Open Space/Detention". PROGRAM IMPACT: N/A ~ FISCAL IMPACT: ~ N/A AL TERNATIVES~~ Develog~an(~e~artment Dir~:tor City Manager's Signature Planning anc~ Zomngt'[~/rector ~ City At~rne"~y / Finance / Human Resources S:~PlanningXSHARED~WP\PROJECTS\Quantum Park 2002 Amend #13 + MPMDL~,genda Item Request Quantum Pk DRI-Master Plan Mod 2nd reading 10-15-02.dot S:~BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC 'l ORDINANCE NO. 02- Cb-Z/ AN ORDINANCE OF THE CITY OF BOY'NTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION WHETHER CHANGES TO THE COMPREHENSWE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN ORDINANCES NOS. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-0, 00-02 AND 01-54 CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06, FLORIDA STATUTES, 1996, AND WHETHER FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51, 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02 AND 01- 54) FOR PURPOSES OF' INCORPORATING THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco") filed with the City of Boynton Beach (the "City") an Application for Development Approval of Comprehensive Development of Regional Impact (the "ADA") on May 21, 984, regarding that certain property (the "Property") described in Exhibit "A", attached tereto and made a part of hereof; and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Development ~)rd~r"); and WHEREAS, Pdteco subsequently conveyed its right, title and interest in and to the ?roperty to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"), md, Boynton Park, in turn, subsequently conveyed its right, title and interest in and to the ?roperty to Quantum Associates, a Florida general partnership (the "Developer"); and Page 1 of 5 WHEREAS, the City approved previous applications to amend the Development which applications were approved by the City in Ordinance No. 86-11, Ordinance Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, ordinance 96- Ordinance No., 96-65, Ordinance No. 97-20, Ordinance No. 99-05, ordinance No. and Ordinance 01-54; WHEREAS, the City Commission of the City of Boynton Beach, as the governing having jurisdiction, is authorized and empowered to consider applications for to development orders approving developments of regional impact pursuant Chapter 380.06, Florida Statutes (1996); and WHEREAS, the City Commission has considered the testimony, reports and other evidence submitted at said public hearing by Quantum Limited Partners "Quantum"), the City staff and the public, and the City Planning and Development recommendation of the 24th day of September, 2002; and WHEREAS, said City Commission has considered all of the forgoing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. A notice of public hearing was duly published on the 1st day of 2002, in the Palm Beach Post, a newspaper of general circulation in Boynton Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said ,lication has been duly filed. Section 2. The Development order shall be amended to include the following Page 2 of 5 Lot 3: This lot was previously designated as Industrial (IN'D) and shall be amended to Office/Industrial (OI). Lot 34C: This lot was previously designated as "Reserved" and shall be amended to Open Space/Detention. Lot 89B: This lot was previously designated as Office/Industrial (OI) and shall be amended to Mixed Use (MU). The proposed Mixed Use Designation includes office, commercial and residential uses. Section 3. Master Site Development Plan Amendment No.13 as submitted to the City, a copy of which is attached hereto and made a part hereof as Exhibit "B" replaces and supersedes the Master Site Development Plan currently approved in the Development Order. Section 4. The Development Order includes Conditions of Approval, a copy 3f which is attached and incorporated herein as Exhibit "C". Section 5. Upon consideration of all matters described in Section 380.06, Florida Statutes (1996), it is hereby determined that: A. The amendments proposed by Quantum do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B. The amendments proposed by Quantum are consistent with the local comprehensive plan and are, or will be, consistent with the local land development regulations, subject to the conditions outlined above. Page 3 of 5 C. The amendments proposed by Quantum are consistent with the recommendations of the Treasure Coast Regional Planning Council, subject to the conditions outlined above. D. The amendments proposed by Quantum do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes (1996). Section 6. The City Commission has concluded as a matter of law that these tgs have been duly conducted pursuant to the provisions of Chapter 380.06, :lorida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and the Development Order is hereby amended incorporating the amendments proposed Quantum as set forth in Section 2 above. Section 7. Except as otherwise amended herein, the Development Order shall in full force and effect. Section 8. All ordinances or parts of ordinances in conflict herewith are repealed. Section 9. Should any section or provision of this ordinance or portion hereof, paragraph, sentence or word be declared by a court of competent jurisdiction to be such decision shall not affect the remainder of this ordinance. Section 10. Authority is hereby granted to codify said ordinance. Section 11. This ordinance shall become effective immediately upon passage. FIRST READING this ] S.~ day of ~-;7~/Q~/'-' ,2002. Page 4 of 5 SECOND READING and FINAL PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: Zity Clerk kca\Ord\Quantum DRI - 2002 - Amendment No. 13 Page 5 of 5 ' EXHIBIT "C" Conditions of Approval Project name: Quantum Park NOPC Amendment # 13 File number: MPMD 02-002 Reference: 2nd review plans identified with a September 3, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. With respect to the re-designation of Lots 89B and 3 the Developer shall X provide a Traffic Impact Analysis (TIA) as noted in Staff's reviews of Quantum Villages North and Quantum Villages East (Lot 89B), dated August 5, 2002, (provided under separate cover) which, at a minimum, evaluates the impact of traffic (turning movements) and need for signalization. Of particular concern is traffic congestion at the proposed intersection of High Ridge Road and the proposed Quantum Villages North and Quantum Villages East (Lot 89B). The TIA must be provided at time of Master Site Plan submittal for Lot 89B and Quantum Village-North. UTILITIES Comments: 2. The applicant (through his design engineering consultant) needs to X demonstrate that: a.) sufficient utility system capacity is available to support the proposed modifications to the previously approved land uses to the north of Gateway Boulevard; o._r.r b.) that the necessary upgrade(s) to the system(s) will be provided to allow for the proposed use(s) at time of Technical Site Plan Review. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: 3. All residential development planned for this area will be subject to the Park X and Recreation Facilities Impact Fee. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. Under the condition of Amendment #8 to the Quantum Park Development X Order and Chapter 3, Article IV of the Land Development Regulations, a traffic analysis is required for this Master Plan approval. In lieu of an independent traffic consultant, the staff and the Palm Beach County Traffic Division will review the traffic study. The project must meet the Palm Beach County Traffic Performance Standards. 5. If Lot 89B is developed as residential, it must meet the buffer requirements of the Quantum Park Peripherial Landscape Buffer Plan and the PID buffer X requirements in the Land Develo[~ment Regulations. No waivers are allowed. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. Omit Comment #5 allowing buffer plan to be reduced and project setbacks as X proposed or adjusted. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Ptanning\SHARED\WP\PROJECTS\Quantum Park 2002 Amend #13 + MPMD\COA.doc DEPARTMENT OF DEVELOPMENT MEMORANDUM i~iO. PZ 02-188 TO; Chairman and Members Planning and Development Scard THROUGH: Michael Rumpf Planning and Zoning Director FROM: Lucia Gala,/, AICP. Pr~nc~oal Planner DATE: September 11,2002 SUBJECT: Quantum Park - DRIA 02-001,MPMD 02-002 Master Plan Amendment ¢13 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner Road extended and the 6oynton Canal - (C-16). (See attached Exhibit "A" - Location IVlap). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.C.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.C. was subsequently amended i 1 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02 and 01-54. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #13 proposes three changes including amending the existing use designation on Lot 896 in the Master Plan to the "Mixed Use" designation. All requested changes are depicted in Exhibit "C"- Proposed blaster Plan and described as foilows: 1) Change in the Master Plan designation of Lot 89B from Office/Industrial (OI) land use to Mixed Use (MU). The proposed Mixed Use designation includes office, commercial and residential uses; 2) Change in the Master Plan designation of Lot 3 from Industrial (I) land use to Office/Industrial (OI); and 3) Change in the Master Plan designation of Lot 34-C from "Reserve~" to Open Space/ Detention. BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Suiostantial Deviations. The applicant has submitted a Notice of Proposed Change NOPC) in accordance with the statutory requirements. The NOPC Quantum Park - DRIA 02-001/MPMD 02-002 Memorandum No. PZ 02-188 ';~;~- ,i;~'C,'-', '~ ' '~:'~Ur: ~-,=:, is reviewed by the Florida Department ,:f C,:rT'mu:",:'/' ,-,,,¢,,,o i. ~,= Regional Planning Council (RPC) and the City. The DCA ant, the RPC are reviewing the proposed NOPC and will provide comments following the procedures outlined in C;'~a:ter 380.06 The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary rev~e,,v by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Quan',um Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (191. If it is determined that the requested change is a substantial d~z~,.~,..n then further review w~!l be required pursuan: to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the latest change being approved on November 6, 2001. The proposed Amendment #13 alters the approved land uses for that Mas:er Plan. Therefore the review of the DRI amendment also constitutes a review of the changes to the Master Plan for Quantum Park. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, IVlaster Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on September 3, 2002. ANALYSIS Notice of Proposed Chanqe (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that only one of the criteria applies to the proposed changes for Quantum Park DRI. This criterion, which is applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". 4. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b)' to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within a authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart. Amendment #13 involves changes to five land use categories: Industrial, Off!ce/Industrial, Mixed Use (includes Residential), Reserved and Open Space. There is a loss of Industrial acreage, but the allowable square footage thresholds would not change on the Master Plan. Also, the proposed Mixed Use designation for Lot 89B would not add residential units to the Master Plan. These changes are reflected in the "Notes" section on the Master Plan. Qua,.~u,m Parx QRIA02-001,MPMD02-0O2 Memorandum bio. PZ 02-i 88 ~ne propcsed increase and decreases are presumed generation level of 63,752 average dai',,/:r~ps ~.AQT). Conclusion The proposed changes delineated in Amencment =:3 are de~ermined not ~o ~e a substant~ai deviation per Chapter 380.06 (19) of the F;,:r~da Statutes. The applicant has provided, the Substantial Deviation Table and a traffic s,ud,, to provide c~*r and convincing e/,dun~ of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval ~4 regarding Palm Beach County Traffic Pedormance Standarcs. Master Plan Modification The proposal submi~ed for the NOPC modifies the approved Master PIsR for the Quantum Park DRI. There are three major changes proposed. The ap0licant provided the following descriptive summary of these changes. Lot 89B (4.00 Acres) Lot 898 was previously designated as Office/industrial (OI) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land use designation includes office, commercial and residential uses. Lot 3 (4.07 Acres} The Land Use of this lot is currently designated as Industrial (IND) Land Use. The Land Use has been revised to "Office/Industrial (OI)". This tot previously was designated as Office/industrial (OI) and revised to the current Industrial (IND) designation by Amendment No. 10. Lot 34-C (6.58 Acres) The Lot 34-C Land Use is currently designated as Reserved. The "Resenzed" L~nd Use desicnation was approved as pa~ of the Master P!an amendment No 12 approval. The conditions of approval for Amendment No. 12 acknowledged the need for the City to address the Open Space requirements for the entire development prior to a developable Land Use designation for Lot 34-C. The Land Use designation for Lot 34-C is proposed to be removed from the "Re~erved' designation and included, as it was previously, in the Open Space/Detention designation. The reason for this request is described below. Subsequent to the approval of Amendment No. l g Quantum Community Development ' (QCDD~ had acquired Lot 34-C. The QCDO is the public entity resconsible for the maintenance Secondaw Drainage Systems within the development. The acquisition of Lot 34-C by the QCDD removes the land from the available developable acreage. The QCDD purchased the propeKy to address the prese~e and open space requirements of the Development Order, to address security issues relative to the sand pine preserves ann to provide additional land area for drainage purposes as necessaw to accommodate the vested future development. Quantum Cark - DRIA 02-00t,,MPMD 02-002 Memorandum No. PZ 02-188 Table 1 provides the proposed acreage changes tc The CRI Master Plan. TABLE 1' DRI MASTER PLAN LAND USE ACREAGE CHANGES Land Use Designation Proposed Acreage DRIA i ~'xJsting Acreage Change #13 Industrial (I,NO) 97.18 101 2,~ :4 C7 Office/Industrial ~OI) 79.82 7975 007 Mixed Use 94.88 g0.~8 4 Ooen Saace 88.78 ; ,52.20 6.58 Pesen~'ed 0 All other categories on the Land Use Acreage Table remain the same as approved in Amendment ~12. The Quantum Park DRI acreage total of 553.13 remains unchanged. The Quantum Park DRI has been amended 11 times over the years, whic,n is ncr unusual fcra DRI of this type. The Florida Statute governing the DR! process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". These proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and otp, er applicable studies such as the Visions 20/20 plan. Impacts Reaional A development has gone through the DRI process because the proiected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be aN increase in traffic resulting from the land use redistribution/redesignation. A provision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be submitted with any future application reduestlng a change in use designations on any lot. The City shall hire, at the ..... ,-uc~[c Works review the study". In lieu of an inde?,enden: Depa~ment Director, a designated TRC member, conducted the review of the traffic study. The aP01icant has also transmitted the traffic study tc the Palm Beach Count'/ Traffic Division for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 6S.752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed changes to the land use designations. The Palm Beach Ccunty Traffic DMsion has ncr re!eased the results _ their review at this time. ' OuantOm Park - ORIA 02-C01,'MPMD 02-002 Memorandum bio. PZ 02-t 88 --, · =,-, ~,- r-,ann~ng Councd fccus The Department of Community Affairs and the Treasure C,_,as, R~,~, al "" ' their review of the amendment on regional ~ssues exclusively., Staff has not ,mt.~ received a : t ...... ,,;II-=~,,= cmments formal written response from these agencies, it s .~t',--ic.¢t=d .h=~ the from both agencies before review by the City Commission. Local The focus of the substantial deviation determiner/ch is regicnal impacts. The development order for the DRI is a local order and the approval of any requested changes is withim the jurisdiction of the city. As such, the city's main focus is local issues and impacts. There were no significant ' UdI~t,=~ DeF, artment has indicated local issues identified by the TRC members at th~s time. The that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer. The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels will remain within the limits for which the DRI is vested. Turning movements and signalization issues can be evaluated and addressed at the Plaster and Technical Site Plan stage. Drainage will also be reviewed in detail as part, of the Master and Technical site plan approvals, and must satisfy all requirements of the city and local drainage permitting authorities. Consistency and Compatibility with City Policies Of the three changes proposed by the applicant only Lot 89B presents issues that are contrary to city policies. The three proposed changes are discussed below. Lot 3 - This lot was inadvertently changed from Office/Industrial (OI) to Industrial (I) in NOPC #10. The site has an active site plan approval which requires the PI designation to allow the permitted development of an office/warehouse with office use comprising more than 20% of the square icotage permit~ea under an "lndustriai" cniy designation. The applicant is proposing the change to rectify this situation. Lot 34-C - This lot was designated as "Reserved" in the last DRI Master Plan amendment #12. The "Reserve" category is a non-development designation. This lot was never designated for development and has been included in the Open Space category until Amendment #12. The applicant wanted to place an "Industrial" designation on the lot. Staff objected and the compromise "Reserved" category was initiated until the city and developer could determine the most appropriate use for the site. Subsequently, the developer sold the parcel to the Q~antum Community Development District (QCDD) for detention/retention and open space. This is c~,ns,~-.~nt with the intended use of the site in the r,r r'in~ ~i Lot 89B - Lot 89B is a four (4) acre lot located in the northeast corner of the Quantum Park PID. The current Master Plan designation is Office,/ Industrial (OI). It is an irreguary-shaoed lot located east of High Ridge Road. The applicant has provided the fc!lcwing justification for changing the lot to Mixed Use (MU). Lot 89B is adjacent to Lots 83 through 88. Lots 83 through 88 are designated as Mixed Use. It has been determined t.hat to enhance the Mixed Use concept, as well as the residential component to that concept, the add/t/on of Lot 89B is necessary and appropriate. The inclusion of lot 89B as M/xed Use wi// enhance the proposed development of Lots 83-88, which w/// Oenefit the entire Quantum Par,'.( as well as the Quantum Park - DRIA 02-001,,'MPMD 02-002 Memorandum bio. PZ 02-188 City.. There rea/ly /s no down side to :.::,,s change, as this prc:e%:,, .has ~.een ~--,'.,/"~ng vaca,~r for many, many years, and as such. apparently is nct desfrabie /n r,~,e marker fcr development as Office or Industrial. First, Lot 89B is not "adjacent" to Lots 83 -88. It is across High Ridge Road which is a four lane divided local collector. Second, there is existing and proposed office, industrial and commercial development surrounding Lot 89B as descrii3ed further below. North - Lot 89-A designated Office/Industrial (OI) and occupied by Ed Carey Design, (Design, manufacturing, storage and distribution of dgcor elements) and developed land, outside of Quantum Park, with an industrial land use designation and zoned M-l; South - Right-of-way for High Ridge Road and Lot 90(portion) designated Office/Industrial (OI) developed as Gateway Professional Building; East- Lot 90(portion) designated Office/Industrial (OI) developed as Gateway Professional Building and Lot 90(portion) designated Government/Institutional (G&I)) developed as the TriRail public transportation station; West- Lot 89-A designated Office/industrial (OI) and occupied by Ed Carey design and right-of-way for High Ridge Road.. Farther south in this northeast portion of Quantum Park is Lot 9! designated Office/Industrial/Commercial on the Quantum Park Plaster Plan. It is located on tine northeast corner of High Ridge Road and Gateway Boulevard. The northern border is an access drive for the TriRail station. This parcel was originally approved for an ice skating rink but the site plan expired. Now it is the subject of an Use Approval application for a gas station/truck stop/convenience store and a Conditional Use/Site Plan application for a fast food restaurant with a drive-through facility. The applicant's argument that Lot 89B is not suitable for office or industrial is not consistent with the nature of development occurring around it. Simultaneously with this NOPC application, Quantum is requesting Master Site Plan approval for Lots 83-88 designated Mixed Use on the Master Plan. These lots were the first to be designated Mixed Use with the approval of Quantum Park DRI Plaster Plan Amendment #10. This proposed Master Site Plan provides for commercial development along Gateway Boulevard and 136 fee simple townhomes on the balance of the site. An additional six (6) rental units are proposed to be located in the commercial portion of the site integrated with office use. Aisc submitted is a Master Site Plan for Lot 89B that continues the townhome portioq of the development with 39 units proposed. If these two Master Site Plans were approved they would use the balance of residential units permitted for Quantum Park. Mixed Use, including residential, commercial and office is permitted on lots 83-88. These lots are the last available designated for this ty0e of develo0ment in Quantum Park. The city's original intent in approving the "Mixed Use" designar, ion was to aiiow [ne development of nec- traditional and new urbanism design concepts. This has not occurred, nor is it evident in the two Master Site Plans submitted. Considering the intent of the mixed use designation it would be more appropriate to incorporate the remaining 39 units into the site plan for lots 83-88. The location of lot 89B is not conducive to residential development as it is surrounded by non- residential uses. The future residents will be homeowners who may object to specific industrial uses located adjacent to them. This incompatible situation is contrary to the intent and purpose Quar'tu'm Park - ORIA 02-O01/MPMD 02-002 Nlemorandum No. PZ 02-188 of a planned industrial park. Also, the ar..,sumen; :y t~e applicant that 59S ',,,,i'.! en,'"ance the development of the mixed use on Lots 83-88 located to the ,,vest, is fla,;Jed. There is no logical connection between Lot 89B and the lots to the ,,vest. The applications for the Master Site P!ans indicate that the recreation area will be !oca~e,d cn ,'he residential ¢cr-t.',cn cf Lots 82-88 tc the west and will be used by the residents in 89B. Automobiles as well as pedestrians must cross High Ridge Road, a four-lane divided roadway to access the principal project. This is not a signalized intersection nor is it proposed to be one. Safety and access are major concerns since this portion of High Ridge Road is located on a curve and carries a significant amount of truci.< traffic from the industrial area to the north. Additional arguments against the change for 89B to mixed use are provided in the City's Comprehensive Plan policies. Policy 1.19.2 of the Land Use Element addresses the provision cf lands for Industrial development and reads as follows: "The City shall provide continued effort to allow for industrial acreage which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element, and prohibit conversion of land designated "Industrial" on the currently adopted Future Land Use Map unless such conversion would generate a range of employment choices for current and future residents, provide goods and services of regional importance, and retain regional fiscal and economic significance." Policy 1.19.4 states "the city shall continue to encourage and enforce the development of Industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industries". The 1989 Comprehensive Plan contains policies dealing with the general incompatibilities between "Industrial" and "Residential" land uses and recommends physical separation and buffering to ameliorate those effects. The proposed location for the 39 townhome units on Lot 89B is adjacent to properties developed for industrial and office uses. There is no adequate justification provided by the applicant to convert lands earmarked for development as an employment center to residential development. If one of the goals of the City is to maintain a jobs/housing balance, as lands designated for employment-based development are reduced, a corresponding need for housing diminishes. Otherwise, the City becomes merely a bedroom community for other, more successful, employment centers in the County. , Conclusion As indicated herein, the impacts of the proposed DRI amendments on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised. Regarding the conversion of Lot 89B from Office/Industrial to Mixed Use (MU), there has been no justification presented by the applicant that would refute the findings contained herein, nor specifically justify its conflict with the Comprehensive Plan or its disadvantages regarding location. If it is the intent of the applicant to develop all of the allotted 'i 000 residential units, they can be located on the existing mixed use designated lots. This can be accomplished by using a new urbanism design that integrates the residential units with office or commercial in Quantum Park - DRIA 02-001/blPMD 02-002 Memorandum No. PZ 02-188 one building as originally proposed and used by the apoiicant to just;fy a prev~cus application. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the appiicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Regarding the proposed modifications to the Quantum Park Master Plan staff recommends approval of designating Lot 3, Office/Industrial (OI) and designating Lot 34-C, Open Space/Detention. Based on the analysis presented above, staff recommends denial of the request to designate Lot 89B "Mixed Use". If the request for Lot 89B is approved staff recommends that Lot 89B, if developed exclusively as residential, at a minimum be buffered from adjacent non-residential uses in accordance with the requirements of the Quantum Park Buffer Plan and the PlO buffer requirements in the Land Development regulations. No. waivers should be granted from these buffer requirements (see conditions of approval Exhibit "O"). S:\PLANNiNG\$HARED\WP'PROJECTS',QUANTUM PARK 2002 AMEND ,~13 ~ ,MPMC'DRIA 02-001\STAFF REPORT ¢13.DOC Ol= cOMMER ,NTUM pARK] "MOTC]ROL.a , '0 1/8 MILE EXHIBI,T "B" EXISTING MASTER PLAN / ~ ~ EXHIBIT C" PROPOSED MAST R PLAN EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC Amendment File number: MPMD 02-002 Ret'erence:_~"~ review plans identified with a September _.x .~00_ '~ *Plannmg and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. With respect to the re-designation of Lots 89B and 3 the Developer shall X provide a Traffic Impact Analysis (TI.A) as noted in StafiTs revie~vs of Quantum Villages North and Quantum Villages East (Lot 89B). dated August 5, 2002, (provided under separate cover) which, at a minimum, evaluates the impact of traffic (turning movements) and need for signalization. Of particular concern is traffic congestion at the proposed intersection of High Ridge Road and the proposed Quantum Villages North and Quantum Villages East (Lot 89B). The TIA must be provided at time of Master Site Plan submittal for Lot 89B and Quantum Village-North. UTILITIES Comments: 2. The applicant (through his design engineering consultant) needs to X demonstrate that: a.) sufficient utility system capacity is available to support the proposed modifications to the previously approved land uses to the north of Gateway Boulevard; or b.) that the necessary upgrade(s) to the system(s) will be provided to allow for the proposed use(s) at time of Technical Site Plan Review. FIRE Comments: None X POLICE Comments: None X ENGkYEERING DIVISION Conditions of Approval .L DEPARTMENTS [ INCLUDE REJECT Comments: None BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: 3. All residential development planned for this area will be subject to the Park X and Recreation Facilities Impact Fee. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: ~.. Under the condition of Amendment #8 to the Quantum Park Development X Order and Chapter 3, Article IV of the Land Development Regulations, a traffic analysis is required for this Master Plan approval. In lieu of an independent traffic consultant, the staff and the Palm Beach County Traffic Division will review the traffic study. The project must meet the Palm Beach County Traffic Performance Standards. 5. if Lot 89B is developed as residential, it must meet the buffer requirements of the Quantum Park Penpherial Landscape Buffer Plan and the PD buffer X requirements in the Land Development Regulations. No waivers are allowed. ADDITIONAL PLAN~'NING & DEVELOPMENT BOARD CONDITIONS Comments: 1. Omit Comment #5 allo~sng buffer plan to be reduced and project setbacks as X proposed or adjusted. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1.' To be determined. S:~,Planning\SHARED\WP\PROdECTS\Quantum Park 2002 Amend #13 + MPMD\CCA.doc XII. - LEGAL ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Admimstrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorization for acquisition of property for the expansion of the Wilson Center and Park area from Lawton Mapp, located at 1407 N.W. 1st Street, waiving the statutory obligation of obtaining an appraisal on this property, pursuant to 166.045, Florida Statutes and authorizing the City Manager to execute all necessary documents. EXPLANATION: The Recreation and Parks Departments, Neighborhood Specialist, and Commtmity Redevelopment Department are cooperating to obtain additional land for the expansion of Wilson Park and Center. The above listed property is one of several parcels that we are attempting to acquire. This property is located on the northeast comer of Wilson Park. PROGRAM IMPACT: The City's Capital Improvement Plan calls for the acquisition of land for the replacement of Wilson Center in fiscal year 2002/03 with the replacement of the Center to take place in 2003/4. This acquisition will contribute to the eventual expansion or replacement of the Wilson Center. FISCAL IMPACT: Cost of this acquisition is $15,000 for the property and approximately $2,500 for relocation expenses. Funds are available in account # 302-4113-580-61-01. ALTERNATIVES: Decline to acquire this property and attempt to expand or replace Wilson Center on existing property in Wilson Park. Department Head's Signature / " ~2~i'ty Manager's Sfgnature Parks [ - City ~o~3y / Finance / Human Resources Deparm~ent Name S:'d3ULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE EXPANSION OF THE WILSON CENTER AND PARK AREA FROM LAWTON MAPP; WAIVING THE STATUTORY OBLIGATION OF OBTAINING AN APPRAISAL, PURSUANT TO 166.045, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to acquire property located at 1407 N.W. 1st Street, owned by Lawton Mapp for the expansion of the Wilson Center and Park Area; and WHEREAS, pursuant to 166.045, Florida Statutes, as this purchase prices is less than $100,000 the City Commission has the authority to waive the statutory obligation of obtaining an appraisal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the acquisition of property for the expansion of the Wilson Center and Park Area fi.om Lawton Mapp, waives the statutory obligation of obtaining an appraisal pursuant to 166.045, Florida Statutes and authorizes the City Manager to execute all necessary S:\CA'dt, F~SOkReai F.~ate~urcha~ of Ma~ Property 100902.dtm documents. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S \CAXRESO'd*,~I ~tateXPureha~ ofMa~ Pvol:~x'Y 100902 cloc XII. - LEGAL ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorization for the City Attorney to seek an injunction of a business operating without an occupational license. EXPLANATION: For the past several weeks the City Attorney together with various members of city staffhas been meeting with the owner of Barcelona Pre-Cast, Inc., a/k/a Barcelona Pottery, in an attempt to resolve certain code violations in an effort to get this property into compliance. We have been unable to resolve these issues in a Umely fashion that is acceptable to City staff and the City Attorney is now seeking authorization to file an injunction of this business for operating without an occupational license. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Allow this property to continue to operate without an~violation of City Code. Department Head's Signature City Manager's Signature City Attorney , l City Attorn~/Finance / Human Resources Department Name S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC