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Agenda 02-18-03The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA FEBRUARY 18, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager 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 PUBLZC PARTZCZPATZON AT CTrY OF BOYNTON BEACH COMMISSION MEE'I~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 not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items; These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote; A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEE11:NGS: 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 Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton 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). February 18, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENZNGS: Ae Call to Order - Mayor Gerald Broening Invocation - Father Mark Szan¥i, St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner McCray XF YQU WXSH TO ADDRESS THE COt. tHI:SSION: · FXLL OUT THE APPROPR/ATE REQUEST FORIq · GI'VE l'r TO THE CI'TY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORT/ON OF THE AGENDA HAS BEEN COHPLETED · COHE TO THE POD]:UH WHEN THE HAYOR CALLS YOUR NAHE ZNDI'VZDUALS MAY SPEAK FOR THREE UNTNTERRUPTED M]:NUTES, ]I. Agenda Approval: 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNI'I'Y & SPECXAL EVENTS, & PRESENTATI:ONS: A. Announcements: 1. Notice of cancellation of March 4~ City Commission Meeting B. Community and Special Events Presentations: 1. ProclamaUons: a. "Community Caring Center of Boynton Beach Week" Agenda Regular City Commission MeeUng Boynton Beach, Florida February 18, 2003 Recognize and present a certificate to Greater St. Paul A.M.E. Church volunteers for their community clean up 3. Accept Annual Financial Report for Fiscal Year ended September 30, 2002 [V. ADMZNXSTRATZVE: Accept letter of resignation from Irene Latour, Regular Member of Education Advisory Board B. Appointments to be made: None (Advisory Board appointments will appear on the April 1s~ agenda) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of February 3, 2003 City Commission Workshop of February 4,2003 Regular City Commission Meeting of February 4, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award the "KALWALL SKYLIGHT SYSTEM REPAZRS TO COMMISSION CHAMBERS AND POLICE STATION WITHIN THE ClTY HALL COMPLEX," Bid #022-2511-03/KR, to Specified Architectural Systems, Inc. of Sarasota, Florida, in the amount of $22,865 (Proposed ResoluUon No. R03-027) Approve the purchase from More Direct of 26 laptop computers and related equipment through State Contract, in the amount of $50,620, for the Police Department Approve the GIS Implementation FY 2002/2003 Phase 3 Tasks to Geographic Technologies Group, Inc. (RFP#040-1510-01/CJD) in the amount of $86,000 (New RFP#029-1510-03/C3D) 2 Agenda Regular City Commission MeeUng Boynton Beach, Florida February 18, 2003 C. Resolutions: Proposed Resolution No. R03-028 Re: Approval of an Agreement for Water Service Outside the City Limits with Chester A. Damon as owner for the property located at 1084 .]ames Road, Lantana, Florida Proposed ResoluUon No. R03-029 Authorizing an amnesty period for unlicensed businesses to obtain Occupational Licenses and pay taxes due in arrears with relief from additional penalties 3. Intentionally le~ blank Proposed Resolution No, R03-030 Re: Accepting Letter of Credit No. 3053264 from Bank of Amedca in the amount of $549,093.05 as surety for the installation of water and sewer improvements for the project known as Dahlgren P.U.D. Proposed Resolution No. R03-031 Re: Reduction in surety requirement for the project known as Quantum Park Lots 59-61, from the current amount of $279,734.77, down to $14,000 Proposed Resolution No. R03-032 Re: Ratification of the action of the SCRWTD Board to approve amending Section 3 of Annex I as the Fourth Amendment to the Interlocal Agreement between the City of Boynton Beach and the City of Delray Beach that established the South Central Regional Wastewater Treatment and Disposal Board Ratification of Planning & Development Board Action: None Ratification of CRA Action: Buchanan Variance (ZNCV 02-017), 807 Ocean Inlet Drive (Coquina Cove) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 25-foot front yard setback to allow a 6-foot variance, resulting in a 19- foot front yard setback within the R-l-AA single family zoning district; and request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a maximum lot coverage of 35% to allow a 2% increase, resulting in a 37% maximum lot coverage within the R-l-AA single family zoning district Schnars Business Center (NWSP 02-024), 924 North Federal Highway - Request for new site plan approval for an 8,754-square foot office/retail building on 0.52 acres in a proposed MU zoning district Agenda Regular City Commission Meeting Boynton Beach, Florida February 18, 2003 Coastal Bay Colony (NWSP 02-026), 2421 & 2505 South Federal Highway; 504, 51-0, 514 & 520 SE 23~ Avenue - Request for new site plan approval for 65 fee-simple townhouse units on 4.34 acres in a proposed [PUD district Southern Homes Temp Trailer (NWSP 02-027), North Federal Highway and Chukker Road (Lots 62 and 63 of "Trade Wind Estates'~) - Request for new site plan approval for a 3,200-square foot temporary construction/office trailer on 2.26 acres in a C-2 zoning district Approve petition from Robert K. Carter, Jr., representing At Your Service taxi- limousine business, for a Certificate of Public Convenience and Necessity per Code of Ordinances, Chapter 24, Section 24-3 Authorize the Utilities Department to turn over $166,687.46 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Rnance Department to reduce the Allowance for Uncollectible Account by that same amount Allocation of $1,500 of Commission Community Investment Funds (Commissioner McKoy) for the 2003 HedtageFest Program - Parade Committee Reaffirm Adoption of D Company, 2nd Battalion, 327~ [nfantry, 1~ Brigade, 101~ ABN (Air Assault) Division (Proposed Resolution No, R03-033) CODE COMPLTANCE & LEGAL SETTLEMENTS: Ae Authorize a mediated settlement with Diane Murray, Plaintiff, in the amount of $10,750 (Original demand was $30,000) PUBLZC AUDIENCE: TNDZ~DUAL SPEAKERS WZLL BE I.TM~TED TO 3-MZNUTE PRESENTATIONS PUBLTC HEARING: A. Project: Agent: Owner: Location: Description: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PER34~TS Gateway Plaza (COUS 02-005) ('TABLED BY c, FrY COi~I~fZ,~ION TO MARCH .Z~ 2003) H. Burton Smith, P.E. KWB Charitable Trust Lot 91_ - (~uantum Park P[D (Northeast corner of High Ridge Road and Gateway Boulevard, C~uantum Park P[D) Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel Agenda Regular City Commission MeeUng Boynton Beach, Florida February 18, 2003 Bm Project: Agent: Owner: Location: Description: Schnars Business Center (ABAN 02-003) Jeffrey T. Schnars, Schnars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement Cm Project: Agent: Owner: Location: Description: Schnars Business Center (LUAR 02-013) 3effrey T. Schnars, Schnars Engineering Corp. Ruth T. Doily 924 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed Use (MX); and Request to rezone the subject property ~rom C-4 Community Commercial and R-1-A Single-Family Residential to Mixed Use-Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres Project: Agent: Owner: Location: DescripUon: coati Bay Colony (LUAR 02-014) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 SE 23~ Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac); and Request to rezone the subject property from C-2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (]:PUD) for 65 fee-simple townhouse units on 4.34 acres ]:X. CZTY MANAGER'S REPORT: A. Report on 2002 Holiday Parade participants' findings B. Appointment of Taskforce on Adaptive Re-Use of Old High School X. FUTURE AGENDA ZTEMS: Ae Proposed ResoluUon No, R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABLED TO I~IARCH 18~ 2003) Be Discussion of Community Redevelopment Agency organization and management (March 18, 2003) 5 Agenda Regular City Commission MeeUng Boynton Beach, Florida February 18, 2003 Do Review revocation of the license agreement between the City of Boynton Beach and Jordan Wrecker Service (April 1, 2003) Workshop regarding Cemetery options (Summer 2003) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, ]~nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No, R03-,..) F. FRA WhisUe Ban - Report (TBA) - Delayed due to Federal Railway AdministraUon Delay in Rulemaking NEW BUSZNESS: A. Discussion of City inventory process LEGAL: A. Ordinances - 2"~ Reading - PUBItC HEAR/NG Proposed Ordinance No. 03-OO2 Re: Amending Chapter 2 Administration, Article [V, Section 2-56 providing for amendment to procedures for the sale of surplus City owned real property Proposed Ordinance No. O3-OO3 Re: Right-of-way abandonment of a 90-foot segment of NE 3~ Street, south of NE 12~ Avenue Proposed Ordinance No. 03-OO4 Re: Amending Chapter 2, "Administration" Article 1, Section 2-! to incorporate a revised City Organizational Chart, effective January 1, 2003 B. Ordinances - 1s~ Reading Proposed Ordinance No. 03-005 Re: Amending the Comprehensive Plan Future Land Use Nap from General Commercial (GC) to Nixed Use (MX)(Schnars Business Center) J Proposed Ordinance No. O3-O06 Re: Rezoning from C-4 Community Commercial and R-1-A Single Family Residential to Nixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) Proposed Ordinance No. O3-OO7 Re: Abandonment of a 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton 6 Agenda Regular City Commission MeeUng Boynton Beach, Florida February 18, 2003 XmTTTTV. Proposal Ordinance No. 03-008 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac) (Coastal Bay Colony) Proposal Ordinance No. 03-009 Re: Rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to Xnfill Planned Unit Development (:[PUD) for 65 fee-simple townhouse units on 4.34 acres (Coastal Bay Colony) C. Resolutions: None D. Other: Consider Developer's request to enter into a Stipulation and Agreed Court Order which would authorize the City Commission to review the development application which was denied by the Planning & Development Board UNFINZSHED BUSTNESS: None AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DEQSION MADE BY THE cI'rY COMMISSION Wl'rH RESPECT TO ANY MAT[ER CONSIDERED AT THIS MEk-I'[NG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, r-OR SUCH PUP, POSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY A~DS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WI'tH A DISABILI'TY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFrrS OF A SERV[CE~, PROGRAM~, OR AC~ CONDUCTED BY THE C~'Y. PLEASE CONTACT ]OYCE COST~LLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PR[OR TO THE PROGRAM OR ACT'iVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUES'T, bg FINAL AGENDA 2/14/2003 1:07 PH S: \CC\WP\CCAGENDA\AGENDAS\Year 2003\021803 final agenda.doc 7 Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 XTI.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates ] February 4, 2003 [] February 18, 2003 ] March 4, 2003 [] March t8,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Adminislxative [] Consent Agenda [] Public Hearing [] Bids r TM Announcement [] City Manager's Report RECOMMENDATION: Present proclamation [] Development Plans [] New Business [] Legal [] Unfinished Business Presentation EXPLANATION: The Community Caring Center has requested a proclamation declaring Feb. 16-22, 2003, a~ Cowaml.~t). ~W Caring Center Week. The CCC was organized by the Boynton Beach Ministerial Alliance in 1987 and provides assistan~ to those within the greater Boynton Beach area who are in need of food, shelter and other services. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not present proclamation ~7~ Department I-l~d s Signature VC~ty Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMSLA. GENDA ITEM REQUEST FORM.DOC WHEREAS, the Community Caring Center of Boynton Beach has been actively assisting the hungry and the needy of our community since September 1987, alleviating the suffering of single mothers, : i the unemployed, transients, and others who find themselves on the margin of society; and '1 i WHEREAS, the religious community, as well as individual citizens of Boynton Beach, have ~ recogn zed the charitable work of the Community Caring Center in providing emergency shelter, groceries, and other resources; and WHEREAS, the Community Caring Center of Boynton Beach has made a difference in the lives of those who needed that extra help to keep their family together, or to react to an emergency situation that could result in the loss of a home or the lack of a meal. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim February 16-22, 2003 as "COMMUNITY CARING CENTER OF BOYNTON BEACH WEEK" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of ,;, Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 18* day of February in the Year 2003. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\CC~WP~CAGENDA~roclamalions~Community Cadng Week* 2003.do¢ [IT.-ANNOUNCEIqENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January6, 2003 (Noon.) [] March 18,. 2003 NATURE OF AGENDA ITEM March 3, 2003 (Noon) [] Administrative ~] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To recognize and present a certificate to Greater St. Paul A.M.E. Church volunteers for their community clean up. EXPLANATION: Neighborhood Services encouraged all community volunteers for their participation in community work. PROGRAM IMPACT: This will beautify the designated areas and contribute to community pride. Residents have already identified area in their community and have set the stage for other neighborhoods to participate in future success for the Heart of Boynton Community. FISCAL IMPACT: N/A ALTERNATIVES: N/A j/~el~a~maent ~IG~['s g~jl~tt~e t'~ei§hbornood Services Department Name City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC ZZI~.-ANNOUNCEMENTS & PRESENTATIONS Item C.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO vl Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting; Dates in to City Clerk's Office Meetin~ Dates [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 [] December l7, 2002 December 2, 2002 (Noon) [] February l8, 2003 [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 [] January 21,2003 January 6, 2003 (Noon.) [] March 18.2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM '_] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfirdshed Business [] Announcement [~ Presentation [] City Manager's Report RECOMMENDATION: Accept Annual Financial Report for Fiscal year ended September 30, 2002. EXPLANATION: State Statute requires the City to hire an independent auditing firm to audit the City's books at the end of each fiscal year. Ernst and Young was the lowest responder to our RFP and was awarded the contract. They have conducted their independent review of the City's financial records for the fiscal year ended September 30, 2002. This audit report presents the City's overall financial status of the City as well as Ernst & Young's comments and recommendations. A representative from Ernst & Young will present a brief overview of their analysis of the Annual Financial Report for the period October 1, 2001 - September 30, 2002 and will answer any questions relative to the City's financial picture. PROGRAM IMPACT: Report must be accepted and reported to the state by March 31, 2003. FISCAL IMPACT: Cost of Annual Audit is $89,500 ALTERNATIVES: None Depamnent Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINSFORMSXAGENDA ITEM REQUEST FORM.DOC February6,2003 ~V. ADMZNISTRA'FZVE ITEM A. Beverly Agee, Chair The City of Boynton Beach Education Advisory Board Dear Beverly, It is with much regret that I must resign from the Education Advisory Board. I have thoroughly enjoyed serving on the board with you and everyone else, but ! am not able to give all that is needed to be an active member of this beard. I have many family obligations that have become obstacles in which I have to limit my outside obligations. I want to thank you for allowing me to learn a great deal from you as well as everyone else. I wish you and the board lots of success in all of your endeavors. Sincerely, ~x~ Irene Latour Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 V.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetimt Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM /Administrative [] Development Plans · Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the "KALWALL SKYLIGHT SYSTEM REPAIRS TO COMMISSION CHAMBERS AND POLICE STATION WITHIN THE CITY HALL COMPLEX" Bid#022-2511-03/KR, to Specified Architectural Systems, Inc. of Sarasota, Florida. EXPLANATION: On January 15, 2003, Procurement Services received and opened one (1) proposal for the Skylight System repairs to Commission Chambers and the Police Station within the City Hall Complex. The proposal has been reviewed and it was determined that Specified Architectural Systems, Inc. of Sarasota, Florida is the sole bidder who is a responsive, responsible bidder who met all specifications. This company has satisfactorily completed repairs to the Kalwall Skylight System at the Library in the past and performed in a timely manner. Jeffrey Livergood, Public Works Director, and Rich Fiege, Facilities Management Supervisor, concur with this recommendation (see attached memo #03-014). PROGRAM IMPACT:The purpose of this bid was to secure a "Skywail' Contractor to perform roof repairs to the Commission Chambers and the Police Station within the City Hall Complex. FISCAL IMPACT: BUDGET ACCOUNT/NAME: 302-4101-580-62.01 302-4117-580-62.01 Deputy Director of Financial Services Procurement Services Department Name BUDGETED AMOUNT: $2i,s4o.oo /O $ 1,32s.oo $22,865.00 C~ty Manager s ~gna e City Attorney / Finance / Human Resources 5BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC C: Rich Fiege - Facilities Management Supervisor File RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR THE ROOF REPAIRS TO THE COMMISSION CHAMBERS AND THE POLICE STATION WITHIN THE CITY HALL COMPLEX (BID NO. 022-2511-03/KR) TO SPECIFIED ARCHITECTURAL SYSTEMS, INC.; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WI-IEREAS, on January 15, 2003, Procurement Services received and opened one proposal for the above referenced bid, and was it determined by staff that Specified Architectural Systems, Inc., of Sarasota' Florida, is the sole bidder who is a responsive, responsible bidder who met all specifications; NOW, TIIEREFORE, BE IT RESOLVEI) BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA, TIlAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby approves the award of the bid for the roof repairs to the Commission Chambers and the Police Station within the City Hall complex (BID NO. 022-2511-03/KR) to Specified Architectural Systems, Inc., in the amount of $22,865.00, and authorizes the City Manager to execute a contract, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. S:~CA~RESO~Agreements~Bid Av~rd~id Award - S~ced Architectural - roof re,)aim 020603.doc PASSED AND ADOPTED THIS __ day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk CONTRACTOR AGREEMENT FORM KALWALL SKYLIGHT SYSTEM REPAIRS FOR COMMISSION CHAMBERS AND POLICE STATION WITHIN THE CITY HALL COMPLEX THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Specified Architectural Systems, Inc., hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified which are attached hereto and incorporated herein by reference. PROJECT DESIGNATION. The Contractor is retained by the City to perform repair services including the cleaning, preparation, and application of Weatherseal #85 in connection with the project designated KALWALL SKYLIGHT SYSTEM REPAIRS FOR COMMISSION CHAMBERS AND POLICE STATION WITHIN THE CITY HALL COMPLEX. 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement within 90 calendar days fi.om the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: ao Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. c. The Contractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. CA-1 o o INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, fi.om and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising fi.om injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. INSURanCE. The Contractor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor 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 Contractor, or any employee of Contractor. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting fi.om the award or making of this contract. For breach or violation of this warranty, the City shall have the fight to annul this contract without liability or, in its discretion to deduct fi'om the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. CA-2 12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 13. TERMINATION. a. The City reserves the fight to terminate this agreement at any time by giving ten (10) days written notice to the Contractor. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Contractor and the City, if the City so chooses. 14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Kurt Bressner, City_ Manager Notices to Contractor shall be sent to the following address: Speeified Architectural Systems, Inc. 1927 Laurel Street Sarasotx, FL 34236 Attn: John Thornton 16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Contractor. CA-3 DATED this ~ day of ,20 CITY OF BOYNTON BEACH City Manager Contractor Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Rev. 1/22/91 CA-4 TO: FROM: DATE: SUBJECT: DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-014 ItECEIVED Bill Atkins, Deputy Director of Finance JAN 2 8 2003 Procurement Services Jeffrey Livergood, P.E., Public Works Directorr:[ Christine Roberts, Assistant Public Works Director(_~ Richard A. Fiege, Facilities Management Supervisor January 27, 2003 Kalwall Skylight Systems Repairs to Commission Chambers and Police Station Bid #022-2511-03/KR It is my recommendation that we accept the only bidder, Specified Architectural Systems, Inc., since they have satisfactory completed repairs to Kalwall Skylight System at the Library previously in a timely manner. Account #302-4101-580-62.01/CP0312 (City Hall Chambers) Cost: $21,540.00 / Budgeted: $21,300 Account #302-4117-580-62.01/CP0226 (Police Station) Cost: $1,325.00 / Budgeted: $6,000 I will follow this memorandum up with a budget transfer, a requisition, and a Request for Purchase over $10,000 form also. But, should you need any other information in order to process this bid award please contact me at Ext. 6020. PL/RAF/pl Copy: PW File 0 z 0 0 ~ m ~ 0 m ~ ~ ~© m ~ -~ z :0 m m m-r z ~ m z"n :~ 0 o~ -~o~ c~ 0 :~ ~m m ~m ~ 0 -HO 0 0 ~, 0 -n O~ 0 ~' ~' ~ -0 -n O~ _m m _ 0 ~0-.> 0 o3 z - m ~ '~ ~ - 0 m 0 oo oo --t m --t :~ ~ ~ m z z ~ ~ m -H rn m i-I-I (D c~ n om 'q~ "nS > ~ mO =" ~ ~ ~'o ~ m~ Z ~D~ m rn m m m oom ~ Z r- Z ZO co m m -< o~r~ ~m.~ z~ C~m > > > ~ > > > > mr' m-< z~ c) V.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in tO City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon:) Requested City Commission Meeting Dates Date Final Form Must be Turned in to CiW Clerk's Office [] February 4, 2003 January 21, 2003 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] March 4, 2003 February 18, 2003 (Noor~ [] March 18. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans ~ - [] Consent Agenda [] New Business .t? __ ,~:, [] Public Hearing [] Legal cA ... [] Bids [] Unfinished Business 2.~ [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the purchase from More Direct, 26 laptop computers and related equipment in the amount of $50,620.00. EXPLANATION: The City was given a Law Enforcement Block Grant for this purchase. We are purchasing the computer equipment from State Contract # 250-000-03-1. PROGRAM IMPACT: FISCAL IMPACT: Funding has been provided by the Federal Local Law Enforcement Block Grant 2002LBBX0257. LLEBG 90% $45,558.00 City 10% $5,062.00 Total purchase $50,620.00 funded in account 105-3302-513-64-15 ALTERNATIVES: Department Head's Signature ~ity Manager's Signature Police Department Name City Attorney/Finance / Human Resources S 2BULLET1NWORMS~AGENDA ITEM REQUEST FORM.DOC qales Quote 7325 ~_6 Page J_ of i. DIRECT Salesperson: Christian Perry Phone: 919-388-9629 Fax: 419-791-1139 Emaih cperry @ moredirect.com Bill To: Sales Quote For City of Boynton Beach Police Dept. City of Boynton Beach Police Dept. Micheal Munroe 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Ship To: City of Boynton Beach Police Dept. Jim Prestinari 100 E. Boynton Beach Blvd. BOYNTON BEACH, FL 33435 Ship-Via UPS Ground PONum OrderDate IBM 010703 01/07/2003 Qty Item# 1 374740 1 01N1577 1 866593 1 02K6699 1 08K9603 Member Invoice Reference SalesPerson Christian Perry - 919-388-9629 - cperry @ moredirect.com Order Items Description TP A31 P4/1600 256MB 30GB-CDRW 15.0 ETH W2K IBM 3YR WARRANTY UPLIFT ACCIDENT PROTECTION IBM NOTEPAC CARRYING CASE-GSA TARGUS TP AC ADAPT F/2629 2628 2647 IBM TP ULTRABAY FLOPPY DISK DRIVE F/2655/47/31 IBM Terms OrderNum Net 30 732516 Manufacturer MfgNum UnitPrice Extended IBM (PC AGREEMENT) 2652C4U 1,538.00 1,538.~'r 01 N1577 250.00 250.~. GSACN01 28.00 28.00 02K6699 45.00 45.00 08K9603 66.00 66.00 Total (Product Only): 1,927.00 Signature Date Print Name MoreDirect.com Corporate Headquarters 7300 N, Federal Highway, Suite 200 Boca Raton, Florida 33487 Tel. (561) 237-3300 Fax: (561) 237-3390 ~e://C:~)~cuments%2~and%2~Settings\prestina~j~L~ca~%2~Settings\Temp\Sa]es%2~Qu~te%2~732516.h... 1/24/2003 Ewm Content Page 1 of [ United States Home Products Solutions Services News Support Training ;arch [ibm.com ~[ ~ IBM for State of Florida > Sign in > What is sign in? Feedback My Software Center State & Local Government Higher Education K - 12 / Schools Events Calendar Key Contacts Online support Ordering Assistance? Ready to Buy? State of Florida Information Technology Hardware Computer Order Center Welcome to the State of Florida Information Technology Hardware Computer Order Center. Find information on how to contact IBM Direct, Authorized Resellers, obtain pre-sales assistance, place an order or view price schedules. aContract Information a aContract Ordering Instructions aa View ordedng instructions. View ~e~Aullterizeel IBM Busine~ Partnelll¥,ompany information and the product categories that they support. alBM IT Hardware Price Schedule a View the price schedule by category. Privacy Legal Contact you can download it here at no charge. *Please note, this is a large file and will take extra time to load. You can search the files for the item you,ara interested in by using the binocular icon in Acrobat Reader. http: ':w~v- 1 .ibm.conggold/portal/servlet/gold/Content?contentURL=/gold/portal/html/en-US2/70480.htr''' 1/28/2003 Reseller Name PC's Entry, Midrange and Enterprise Servers Storage Printers .leskell X X X X X X X X ~ Komputer Kingdom X X X Mainline Information X X X X X X X Systems Marketex Storage X X Systems Metro Data Inc. X X X X X X Midrange Support & X X X X X X Service Mee.~ ~ x x x Nickerson Business X X X Systems Optimus Solutions X X X X X X X Paaridian X X X X X Technoloqies Padoll Consultinq X X X X X X X Services, Inc. PCMall Gov X X X PC Universe X X X Pioneer Standard X X X X X X X X Pomeroy X X X X X X X Prosys, Information X Systems Puryear X X Sirius Computer X X X X X X X Sq_lutions ~ttp://www- 1 .ibm.com/gold/portal/download/en_US/74273/Resellers.html 1/28/2003 0 0 ~ 0 H 0 r.j ~ o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 ~ LO CO U1 0 0 0 0 0 0 0 0 0 0 0 0 ~' O~ 0 ~ ~ ~0~ °~z8 0 0 0 om~ 0 ~ .... oo~ ~ ~o =~o ~ ~ ~ O~ 00~ ~0 ~0 ~0 ........ .... ~o ~ o~o ~mO0 O0 ~00 uO0 mOO ~o~ ~0~ ~ ~0~ ~ 00000 0 00000 0 ~0~00 0 ~ ~ 0 0 ~ 00000 00000 00000 0 ~ 0 rD 0 rJ V.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] Deceraber 17, 2002 [] January 7, 2003 [] January 21, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to CiW Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting DateS [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 [] Administrative [] Consent Agenda [] Public Hearing [] Announcement [] City Manager's Report RECOMMENDATION: Motion to approve the GIS Implementation FY 2002/2003 Phase 3 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) Development Plans New Business Legal Unfinished Business Presentation Tasks to Geographic Technologies Group, Inc. (RFPg040-1510-01/CJD) in the amount of $86,000 (New RFPg029-1510-03/CJD) EXPLANATION: At the Commission meeting of April 3, 2001, RFP #040-1510-01/CJD was awarded to Geographic Technologies Group, Inc. of Boynton Beach, Florida for a one (1) year period with provision to renew the contract, at the same terms, conditions, and prices for one (1) year intervals. Subsequently, Phase 2 Tasks were approved by Commission on May 21, 2002 and have now been completed. Phase 3 Tasks will include the following (supporting documentation attached): A. Geodatabase Migration Geodatabase Model $30,000 SDE Migration Plan $30,000 B. Digital Data Layer Creation $20,000 C. Implementation Plan Update $6000 Total $86,000 PROGRAM IMPACT: See Exhibits A, B, and C for details on the above items. FISCAL IMPACT: Funds are available in the FY2002/2003 budget as follows: Account Description Account Number Deputy Director of F~inanc~l Servic~/~/ ' ~eter W~llace. Director of I.T.S. Amount · C~t~ Manager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM. DOC EXHIBIT A 1. Geodatabase Migration Geodatabase Model Background of Geodatabases In a geodatabase model, ail features are a collection of objects, organized as feature datasets, feature classes, subtypes, and domains. Features behave like the real world objects they represent, based on object rule structures. Geodatabases are stored in a uniform repository of geographic data - a relational database management system (such as MS SQL Server or Oracle), integrates spatial and non-spatial data through ESRI's Spatial Data Engine (SDE). Technical Benefits of the Geodatabase Model Single Repository of Information: In the Geodatabase Data Model, all geographic data is stored and centrally managed from one database. This allows an organization to leverage the power, security, and reliability of relational database management systems (RDBMS). Representation of Real World Features: In addition to generic features, such as points lines, and areas, features in a Geodatabase can be created to behave like the real world objects they represent, such as parcels, transformers, and valves. Features will relate and respond to changes in neighboring features. Geodatabase Versioning, Multi-User Editing, and Accurate Data Entry and Editing: In a Geodatabase, edits take place on a record or transaction basis, instead of a file basis. This allows for multiple users to edit the same data set. Multi-user editing is supported through versioning. Each version is a persistent alternative representation of the Geodatabase. All versions will have the same schema, but may have different content. Instead of replicating the entire dataset for two versions, only the differences are stored. Because features in Geodatabase behave like the real-world features they represent, intelligent validation is performed on all edits. Any edit that would violate the real-world logic of how real-world object interacts will not be allowed. For example, if you tried to use a 3" inch valve to connect two pieces of 2" piping, the Geodatabase would now allow it. Custom behaviors of features can be defined. Features in Geodatabase data model have a richer content: With topological associations, spatial representation, and general relationships, you define not only a feature's qualities, but also its content with other features. This lets you specify what happens to features when a related feature is moved, changed, or deleted. This context also lets you locate and inspect a feature that is related to another. Shapes of features are continuous, and better defined: By their design, geodatabases can accommodate very large sets of features without tiles or other spatial partitions. The geodatabase data model also lets you define the shape of features using straight lines, circular curves, elliptical curves, and Bezier splines. GEOGRAPHIC TECHNOLOGIES GROUP. The conversion process from a geodatabase to a shapefile is easy and no attributes or data is lost. For example, with utility data, the benefits of the geodatabase are the entire water; sanitary sewer and storm water systems are networked. Instead of separate coverages or shapefiles for the point entities and line work, all features are combined for editing and modeling purposes. GISmo is able to read geodatabases if it is run through SDE. Geodatabases would be required to be in this format for editing purposes by more than one user. Deliverables 1. Design a logical model for existing city layers (one digital and one hardcopy) 2. Digital infrastructure GIS data in Geodatabase format 3. Metadata and revised database design pages (one digital and one hardcopy) 4. Migration document with migration completed by GTG, Inc. (one digital and one hardcopy) Conversion Proposed Schedule: 1. Notice to Proceed - January, 2003 2. Logical Model Design (1 full week of meetings) March 2003 3. Draft Digital GIS Data Submittal - May 2003 4. City QC and Review - June 2003 5. QC/Corrections or adjustments to GTG - June 30 6. Final Digital GIS Data, metadata and revised database converted and operational - July 2003 Conversion Cost Proposal Senior Consultants/Project Manager 204 hours @ $125.00 = $ 25,500 Digital Infrastructure 86 Hours $10,750 Migration Document 86 Hours $10,750 Metadata and revised Geodatabase design pages 100 Hours $12,500 review, QA/QC and presentation of the above Shipping, mileage and miscellaneous reimbursable expense* = $ 500.00* TOTAL FEE (NTE) = $60,000.00 * NOTES -The actual labor and reimbursable expense is reported in detail to the City's GIS Coordinator monthly. Reimbursable expenses may include travel and per diem, shipping, mileage, plotting supplies etc. GEOGRAPHIC TECHNOLOGIES GROUP. iNC 4. Digital Data Layer Creation EXHIBIT B As part of the Year I GIS implementation, GTG created, acquired, converted, and documented data for over 50 data layers for the City of Boynton Beach. All required or recommended layers for Years 1-3 were identified in the Implementation Plan. Year I data layers were prioritized by the following criteria: a) existing within the City or from an outside source, b) required as a City-wide base map layer (for use by all departments), c) necessary for a high priority work flow, d) required as part of another Year I GIS initiative, or e) was in the interest of public safety or service. Under the continuation of the data development task identified for Year 2, additional layers will be prioritized, created, acquired, converted, and documented. To ensure the highest confidence in data layers in use in the City's GIS, data must be quality checked, corrected, and updated for completeness and currentness. Additional data layers must be created or acquired for use in the GIS to facilitate specific workflow analyses. As an example, a Hazardous Materials layer must be acquired from Palm Beach County, and must checked for accuracy and completeness as is relates to hazardous material tracking by Boynton Beach Fire Department. Under the Year 2 data development effort, data related to public safety is emphasized such as Police/Fire/911 incident locations, Police Zones/Reporting Areas, natural gas lines, hazardous materials, critical facilities etc. Economic development, neighborhoods, historic locations, utilities, parks, code compliance, and other department- specific data will also be developed. GTG will adhere to a strict quality control and quality assurance regimen that will insure that Boynton Beach data is consistent, valid, and in the proper format for optimal use in GIS. Many non-GIS companies rely on experience they may have in related disciplines such as CAD. However, this results in poorly designed data for use in a GIS. An intimate knowledge of how the data will be utilized in a GIS environment is critical. Proposed data layers to be completed for Year Three may include, but are not limited to: Condominiums, Street Rights-of-Way, Hazardous Material, Adult Congregate Living Facilities (ACLF), Sewer Outfalls, Building Inspections, Building Permits, Existing Businesses, Police/Fire-Rescue Incident Locations, Occupational Licenses, Utility Easements Deliverables 1. Digital Data will be created on-site and the GIS Manager will determine format. Digital Data Layer Proposed Schedule: 1. Notice to Proceed - January 2003 2. City Review QA/QC - February, 2003 3. Comments to GTG from City - March, 2003 4. Final data submittal - April, 2003 GIS Implementation Plan Update Cost Proposal GIS Technician 235.3 hours @ $ 85.00 = $20,000.00 7 GEOGRAPHIC TECHNOLOGIES GROUP, INC TOTAL FEE = $20,000.00 8 GEOGRAPHIC TECHNOLO :,,ES GROUP. EXHIBIT C 5. Implementation Plan Update Having a comprehensive and detailed GIS implementation plan drives the long-term success of a GIS project. Boynton Beach realized that having such a plan was critical and contracted with GTG to conduct a three-year phased plan. After making the initial investment, many organizations make the mistake of not keeping their plan current. Changing technology and local budgets/priorities necessitate the frequent update of the master plan. A good GIS program insures that the plan reflects what has transpired in previous years and is up-to- date for the current fiscal year. Boynton Beach has adopted this approach. This update reviews what has been accomplished to date and what needs to be accomplished in the future. The update considers new technologies, changing needs of Boynton Beach, and optimal costs of implementation. 1'HE CITY OF BOYNTON BEACH, FLORIDA Deliverables 1. One (1) hard copy GIS Implementation Plan update document plus One (l) Adobe Acrobat v 5.0 (.pdf) file of the GIS Implementation Plan Update GIS Implementation Plan Update Proposed Schedule: 1. Notice to Proceed - January, 2003 2. Needs Assessment and R&D* - January -March, 2003 9 GEOGRAPHIC TECHNOLOGIES GROUP, 3. Report writing - January -March, 2003 4. Draft Report Submittal (hard copy) - March, 2003 5. City Review - August, 2003 6. Comments to GTG from City - September, 2003 7. Final plan submittal - September 13, 2003 GIS Implementation Plan Update Cost Proposal Senior Consultant 40 hours @ $:L25.00 Technical Documentation 20 hours @ $ 50.00 = $5,000.00 = $1,000.00 TOTAL FEE = $6,000.00 * NOTE: Due to changing needs across the enterprise and evolving technology, the start date of the implementation plan update task needs to be as close to the start of the next fiscal year as possible. lO GEOGRAPHIC TECHNOLOGIES GROUP, V.-CONSENT AGENDA CITY OF BOYNTON BEAC[ ITEH C.1 AGENDA ITEM REQUEST FOI ,. Requested City Commission Meetin~ Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 Date Final Form Must be Turned in to CiW Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting, Dates [] February 4, 2003 [] February 18, 2003 [] March 4,2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Adminis~ative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve and authorize signing of an Agreement for Water Service Outside thoCity _:',:~ Limits with Chester A. Damon as owner for the property located at 1084 James Road, L~lntana,~' Florida. ~ c EXPLANATION: The parcel covered by this agreement is a single-family home located in the San Castle project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed during that project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utiliti~ - --'- ~ De~partment Head s Si~ature "City Manager's Signature UTILITIES Department Name SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLET1NX, FORMS~,AGENDA ITEM REQUEST FORM.DOC 1 in. = 181.2 feet Site _ RA.~ATTA PL I- Location Map RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CHESTER A. DAMAN.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, located in the San Castle project area, at 1804 James Road, Lantana, Florida; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and WHEREAS, the subject parcel currently contains a single family residence, and only >otable water is available for connection to the property at this time, due to recent water main mprovements constructed during the San Castle project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference. Section 2. The City Manager and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and Chester A. Damon, a copy of said Agreement being attached hereto. Section 2. This Resolution shall become effective immediately upon passage. S:\CA\RESO~,greements\Water Service\Damon Water Service Agreement. doc PASSED AND ADOPTED this ~ day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA~,ESO~Agreements\Water Service~Damon Water Sen/ice Agreement. doc THIS INSTRUM~ PREPARED BY: Jame~ A. Che~, E~u~ SuSa ~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~ day of ,20 , by and between C/.~- /~. g),~,~,- hereinafter called the "Customer'', and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer;, and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the eadlest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer:. (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Residential Connections which City shall service. Equivalent 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises, The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be appi'oved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the city. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless othenNise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special pOwer of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's dghts as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attomey nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is Intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and ail successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, tire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Flodda, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs dsing out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless Incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of ,200_. WITNESS: As to owner) INDIVIDUAL(S) AS OWNER(S): (Prtnt name) FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ! HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesa~, and in ~ County aforesaid to take acknowledgments, personally appeared _ [.~/~<~~_Y'Y~ ~ to me known to be We person(a) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was e~p~nally kn~;)w~n to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_ (Notary Seal) Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared .; Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they savemlly acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ime 900182 12/12/95.rev WATERSRV. 1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josles & Goren, PA. 3099 East Commercial Blvd. Suite 200 FL Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of -~(~ , in the year two thousand and "~ . Sealed and delivered in the presence of ~,t~ess ~Witness Print name Witness STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) of Print name Type~r Pdnt Name Commission No. ! OmCrAL ~OT^R~S~,~ EUGENIA ANNE TR.,-b~jN~ ~ COMMES,ON NO. LMY COMM!~iON EXP. My Commission Expires: POA. IND _~E FOREGOING INSTRUMENTAvas acknowledged before me this day ~ , 20.~, by (,'J"~_A~ ~C'~ and , who are known to me or who have produced , as identification and, who did/~jJc[ not take an oath. N~Y eUBLI~_. _ 561-588-3117 O & E REPORT By: United Title Agencies, Inc. 416 W. Lantana Road Lantana, F1 33462 561-588-2622 (fax) Date: 1/14/03 Customer File #2003-30284 Type of Deed: Quit Claim Deed Title Vested in: Chester A. Damon Title Received from: Barbara A. Damon, an unremarried widow Deed dated: 6/18/84 Deed recorded: 8/8/84 O.R. Book/Page: 4318/784 Legal Description Lot 31 of HYPOLUXO RIDGE, according to the Plat thereof as recorded in Plat Book 22, Page 48, Public Records of Palm Beach County, Florida. FIRST MORTGAGE: $ (none found in computer time) Dated: Recorded: Book: Page: Lender: ABSTRACTOR NOTES: TAX INFORMATION FOR THE YEAR: 2002 Parcel #:00-43-45-09-03-000-0310 Date Paid: DUE AND PAYABLE "NOT PAID" 2002 Gross: $1,552.06 Delinquent: NONE Search performed was from last deed of record filed on 8/9/84 to 12/10/02. THIS REPORT IS PROVIDED FOR THE SOLE PURPOSE AS AN OWNERSHIP AND ENCUMBRANCE REPORT FOR THE ADDRESSEE. UNITED TITLE AGENCIES I, INC. DISCLAIMS LIABILITY TO THE ADDRESSES OR ANY THIRD PARTY IN THE EVENT THIS REPORT IS USED FOR A PURPOSE OTHER THAN AS STATED. BY ACCEPTING THIS REPORT, THE ADDRESSEE AGREES THAT UNITED TITLE AGENCIES I, INC.S MAXIMUM LIABILITY IS THE AMOUNT PAID FOR THIS REPORT. DATE: 1-14-03 BY: United Title Agencies I, Inc. 38M 14 ~003 l:55PM KSRE~ MELLO SG1-338-5315 P-~ /-~lll~ No ~ PCN ~ Type ~ Tax Year~ Collector ' -"~-eal Estate PropertT Details Cro~ Ref PCN ~- Suit Code~ Acrcs~ Petitioa Num ~ Buyer interest Kat¢~'-~ Owner~AMON CHESTER, A Owner2[~ HYPOLUXO RIDGE LOT 31 Legal Dcscdprion Good Faith No~ Advertise No~ Parent Collect No ~ Installment No ~ - Situs Address- -- Addressl ~ ]AMES RD J C~ty ~ Address2 [' State [~] Zipcode Address Address I 2~_044 LUCAS TPKE City HIGH FALLS Address2 State Zipcocle 2440-5731 JRM 14 2003 i:SSPM 561 -338-5315 954 521 74:L:~ TOTAL P. 02 p.3 V.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January2l, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Comrmssion Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4,2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimslxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished BusineSs [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Resolution authorizing a thirty (30) day grace period for unlicensed businesses to obtain Occupational Licenses and pay their arrearage in occupational license taxes. Unlicensed businesses which obtain their license and pay their arrearage within this time period will not be prosecuted by the City for violation of 13-16 and 13-17 of the Code of Ordinances. Staff recommends this grace period following which the contracted consultant will begin appropriate enforcement and collection activities. EXPLANATION: At the City Commission meeting of August 6, 2002, the Commission authorized the services of MBIA Muniservices Corporation as a consultant to provide revenue enhancement services for occupational license tax. In effectuating the terms of that contract, MBIA Muniservices Corp. has completed their initial data evaluation and is poised to continue occupational license tax analysis and collection services, as outlined in Exhibit A. In order to permit City staff to solicit voluntary compliance prior to initiating the contracted search, staff recommends a 30 day grace period during which any non-complying business may come into compliance. Any business failing to comply with all requirements to secure an Occupational License during the 30 day grace period would then be subject to the enforcement provisions as provided in Chapter 13 of the City Code. PROGRAM IMPACT: Voluntary Compliance without third party intervention. Recovered tax revenue. FISCAL IMPACT: Cost savings to the City as a result of MBIA Muniservices Corp. not being required to contact as many non-compliant businesses. ALTERNATIVES: Allow MBIA Muniservices Corporation to proceed immediately as contracted, with full enforcement of City Code. Director of Development Assistant Director of Development S:x, BULLETIN~ORMS'xAGENDA ITEM REQUEST FORM.DOC RESOLUTION R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A THIRTY (30) DAY GRACE PERIOD TO PERMIT BUSINESSES TO COME INTO COMPLIANCE WITH THE CITY'S OCCUPATIONAL LICENSE REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, on August 6, 2002, the City Commission authorized the services of MBIA Muniservices Corporation as a consultant to provide revenue enhancement services for occupational license tax; and WHEREAS, MBIA Muniservices Corp., has completed their initial data evaluation and is poised to continue occupational license tax analysis and collection services; and WHEREAS, in an effort to solicit voluntary compliance prior to initiating the contracted search, the City Commission, upon recommendation of staff, deems it appropriate to authorize a thirty (30) day grace period for unlicensed businesses to obtain Occupational Licenses and pay their arrearages within this time period, and not be subject to prosecution by the City for violation of Chapter 13-16 and 13-17 of the Code of Ordinances. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are lxue and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of does hereby authorize a thirty (30) day grace period for unlicensed businesses to obtain Occupational Licenses and pay their arrearages within this time period, and not be subject to prosecution by the City for violation of Chapter 13-16 and 13-17 of the Code of Ordinances. Section 3. That this Resolution shall become effective immediately upon passage. PASSEl) ANl) ADOPTEI) this ~ day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:~s.~lESO~e~,ua~ Ac~ion~Ve~ion 2 - ~na~ty O~ Uc.cl~c V.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18.2003 [] March 4.2003 [] March 18.2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to accept Letter of Credit no. 3053264 from Bank of America in the amount of $549,093.05 as surety~r th~ £? installation of water and sewer improvements for the project known as Dahlgren P.U.D. : ~ EXPLANATION: The developer of this project, D.IL Horton, Inc. - South Florida, has elected to post surety for the potable water and sanitary sewer improvements so as to expedite the providing of water and sewer service to the project. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Department Heads Sigllhture UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. (w/original letter of credit) File " S:kBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT SUBMITTED FOR THE PROJECT KNOWN AS DAHLGREN P.U.D., AND ISSUED BY BANK OF AMERICA (LETTER OF CREDIT NO. 3053264) IN THE AMOUNT OF $549,093.05; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the mount of $549,093.05 as surety for the installation of water and sewer improvements for the )roject known as Dahlgren P.U.D. NOW, THEREFORE; BE IT RESOLVED BY THE CITY COMMISSION OF ['HE CITY OF BOYNTON BEACH, FLORIDA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby approves and accepts a Letter of Credit in the amount of $549,093.05 as surety for the installation of water and sewer improvements for the project known as Dahlgren P.U.D. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk Commissioner S:\CA\RESO~etters of Credit~ccepfing Letter of Credit - Dahlgren PUD.doc r a.kof America DATE: JANUARY 22, 2003 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3053264 PAGE: 1 BENEFICIARY CITY OF BOYNTON BEACH UTILITIES DEPT. 124 E. WOOLBRIGHT RD. BOYNTON BEACH, FL 33435 ATTENTION: PETER MAZZELLE UTILITIES DEPT. APPLICANT D.R. HORTON, INC. SOUTH FLORIDA ATTN: KARL ALBERTSON 1192 EAST NEWPORT CENTER DRIVE SUITE 150 DEERSFIELD BEACH, FL 33442 AMOUNT USD 549,093.05 FIVE HUNDRED FORTY NINE THOUSAND NINETY THREE AND 05/100'S US DOLLARS EXPIRATION JANUARY 21, 2004 AT BANK OF AMERICA,HIALE~q,FL GENTLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3053264 IN YOUR FAVOR, AS BENEFICIARY, BY ORDER AND FOR ACCOUNT OF D.R. HORTON, INC., SOUTH FLORIDA, ATTN: KARL ALBERTSON, 1192 EAST NEWPORT CENTER DRIVE, SUITE 150, DEERSFIELD BEACH, FL 33442 UP TO THE AGGREGATE SUM OF FIVE HUNDRED FORTY NINE THOUSAND NINETY THREE AND 05/100 U.S. DOLLARS (U.S.$549,093.05) EXPIRING ON JANUARY 21, 2004, AT THE COUNTERS OF BANK OF AMERICA, N.A., 5875 NW 163RD STREET, MAIL CODE: FL7-405-02-06, HIALEAH, FL 33014, AVAILABLE BY PAYMENT AGAINST YOUR DRAFT(S) ON US AT SIGHT ACCOMPANIED BY: 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICIAL OF THE CITY OF BOYNTON BEACH UTILITIES DEPARTMENT, SWORN TO BEFORE A NOTARY PUBLIC, STATING THAT: "THE FUNDS DRAWN UNDER LETTER OF CREDIT NO. 3053264 ISSUED BY BANK OF AMERICA, N.A. ARE DUE BY REASON OF D.R. HORTON, INC. - SOUTH FLORIDA'S FAILURE TO COMPLETE THE INSTALLATION OF WATER AND SANITARY SEWER SYSTEMS FOR THE PROJECT KNOWN AS DAHLGREN P.U.D., AS SHOWN ON PLANS PREPARED BY SCHNARS ENGINEERING CORPORATION. THE WORK TO BE COMPLETED IS AS FOLLOWS: (LIST THE WORK D.R. HORTON, INC. ~ SOUTH FLORIDA FAILED TO COMPLETE.)" 2. THE ORIGINAL OF T~IS LETTER OF CREDIT. 3. COPY OF BENEFICIARY'S LETTER TO DEVELOPER DATED AT LEAST 10 DAYS PRIOR TO DRAWING, NOTIFYING THEIR INTENT TO DRAW ON THIS LETTER OF CREDIT. PARTIAL DRAWINGS ARE ACCEPTABLE. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. ANY DRAFT DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 3053264 ISSUED BY BANK OF AMERICA, N.A." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST NINETY (90) ORIGINAL Yank of America PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3053264 DAYS PRIOR TO SUCH EXPIRATION DATE YOU ARE NOTIFIED BY REGISTERED LETTER OR OVERNIGHT COURIER SERVICE THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ~Y SUCH PERIOD. WE HEREBY ENGAGE WITH YOU THAT ANY DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO BANK OF AMERICA, N.A., 5875 NW 163RD STREET, MAIL CODE: FL7-405-02-06, HIALEAR, FL 33014, AS SPECIFIED HEREIN. UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-345-0132. ROSE T AGUSTIN _ . 0., ,l £~ A~THORIZED SIGNATURE AUT~MORIZED SIGNATURE ORIGINAL V.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACl AGENDA ITEM REQUEST FORtv Requested City Commission Date Final Form Must be Turned Meeting Dates in to CRv Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 NATURE OF AGENDA ITEM March 3, 2003 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve reduction in surety requirement for the project known as Quantum Park Lots 59-61, from the current amount of $279,734.77, down to $14,000. EXPLANATION: This surety was intended to guarantee the installation of the potable water and sanitary sewer systems serving lots 59- 61 in Quantum Park. The installation is now completed, the systems have passed all inspections, and all necessary documentation has been furnished to the City. The surety may now be reduced to 5% of the original value for the remainder of the 1-year warranty period, either by amending Letter of Credit number SM418453C from First Union Bank, or substituting a cash surety for the reduced amount. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's code allows for reductions of surety _when construction has been completed. Department Heac~ Signature ' City Manager's Signature UTILITIES Department Name _~_~ City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Skip Milor (w/copy of attachments) Mary Munro, Finance Dept. " File " S:~BULLETINLFORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE LETTER OF CREDIT ISSUED BY FIRST UNION NATIONAL BANK (NO. SM418453C) FOR THE PROJECT KNOWN AS VILLAS AT QUANTUM LAKES, INC., FROM $279,734.77 TO $14,000; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the developer of this parcel, previously submitted a Letter of Credit as surety for the completion of the potable water and sanitary sewer systems for Lots 59 - 61 in Quantum Park; and WHEREAS, the installation is now completed, the systems have passed all inspections, and all necessary documentation has been furnished to the City; and WItEREAS, the surety may be reduced to 5% of the original value for the remainder of the 1-year warranty period, upon receipt of either (1) an amended Letter of Credit in the amount of $14,000, or (2) by substitution of a cash surety for the reduced amount of $14,000, which action must occur simultaneously with the passage of this Resolution. 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, based upon the recommendation of staff, hereby approves a reduction of a Letter of Credit S:\CAXRESOkLetters of Credit\Villas at Quantum Lakes Reduction in Surety.doc issued by First Union National Bank (No. SM418453C) for the project known as Villas at Quantum Lakes, Inc., being Lots 59-61 in Quantum Park, upon receipt of either (1) an amended Letter of Credit in the amount of $14,000, or (2) by substitution of a cash surety for the reduced amount of $14,000, which action must occur simultaneously with the passage of this Resolution. Section 3. That passage. PASSED AND ADOPTED this this Resolution shall become effective immediately upon __ day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CAXRESOXLetters of Credit\Villas at Quantum Lakes Reduction in Surety.doc IRREVOCABLE STANDBY LETTER OF C~EDIT NUMBER SM418453C LETTER OF CREDIT AMOUNT ) ISSUE DATE ~ EXPIRY DATE I USD27~,734. 77 ; BENEFICIARY: CITY OF BOYNTON BEACH/UTILITIES 100 E. BOYNTON BEACH BLVD. ~OYNTON BEACH, FL 33437 09/18/01 I O~'/l~/Oa : I APPLICANT: VILLAS AT QUANTUM LAKES, INC. 7 CORPORATE PLAZA NEWPORT BEACH, CA 92660 GENTLEMEN: ~E HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF THE ABOVE REFERENCED APPLICANT IN THE AGGREGATE AMOUNT OF USD~7~,734.77 WHICH IS AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON OURSELVES~WHEN ACCOMPANIED BY THE FOLLOWING~OCUMENTS: STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF CITY OF BOYNTON BEACH/UTILITIES STATING THAT: -- "AN AFFIDAVIT SIGNED BY AN AUTHORIZED AGENT OF THE CITY OF BOYNTON BEACH INDICATING THAT THE AMOUNT DRAWN REPRESENTS THE TOTAL COST TO COMPLETE THE WATER AND SEWER IMPROVEMENTS FOR THE PROdECT KNOWN AS THE VILLAS AT OUANTU~ L~KES"" THIS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. THIS UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, AMPLIFIED OR INCORPORATED BY REFERENCE TO ANY DOCUMENT OR CONTRACT REFERRED TO HEREIN. WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED TOGETHER WITH DOCUMENT(S) AS SPECIFIED ABOVE AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 873~ RE~EARCH DRIVE - URP4, CHARLOTTE, NC ~8~62, ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE THE/ ABOVE STATED EXPIRY DATE. DRAFT(S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERENCE OUR CREDIT NUMBER SM4i 8433C. THIS CREDIT IS SUB~JECT TO THE INTERNATIONAL STANDBY PRACTICES lC~8~ INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 5~0 ("ISP~8"). FIRST UNION NATION~.. BANK AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT 10/18/01 .-. ¥:: ...... ? BENEFICIARY: C'TY OF BOYNTON BEtH/UTILITIES E. BOYNTON BEACH BLVD. BuYNTON BEACH, FL 33437 GENTLEMEN' LETTER DF cR'EDi? NO. ,, SM4184 ~C : WE AMEND OUR ABOVE REFERENCED LETTER ~ CREDIT ISS~D,IN YOUR FOR THE ACCOUNT OF VILLA8 A~ GeJ~UM L~e~tESo INC. A~FOL.L[]W~~. -SECOND PAR~GR'4a~=~H' "~ ~ATE~ ..... ~TUN L~:' ~S' H~EBy ~EL~ED FR~ THE LETTER ~ CREDIT. -ONLY A SIGHT ~AFT REGUIRED F~; ~IN~. ~ '., . . . . ~,. ~. , ~O~TI CAELY EXTE~' ~ ANY FUT~E EXPIRY EXPIRATI~ - -THIs LETT~ PREVAIL IN ~HE E~ENT :OF . . . ... '~; ..... =: - .t, - " CRED ,_ . . AEC / AMENDMENT TO IRREVOCABLE STANDBY LETTER OF' CREDIT 01 / 3ENEFICIAI1Y: 3ITY OF B(]YNTON BEACH/UTILiTIES [00 E. BOYNTON BF_.~CH BLVD. ]OYNTON BLEACH, FL 33437 ]I RELY, ~UTHOR. I ZEIC {V03 ~LC ~ENTLEMEN: ~o. THE ~c:c~ or V~L~S ~T JURISDICTION IN P~M' BEACH &EL ~THER -T~M8 AND CO~ITI~ ~ETT~E:R TO V.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORM Requested City Commission Meetina Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetint~ Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Ratify the action of the SCRW'I'D Board to approve amending Section 3 of Annex I as the Fourth Amendment to the Interlocal Agreement between the City of Boynton Beach and the City of Delray Beach that established the South Central Regional Wastewater Treatment and Disposal Board EXPLANATION: The SCRWTD Board acted on this item at their meeting on January 16, 2003. The City Commission is now requested to ratify that action by approval of a Resolution. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Head's Signature City Clerk's Office Department Name City Manager's Signature City Attorney / Finance / Human Resources S:\CC~WP\CCAGENDA~Agenda Request Memos~Agenda Item Request Form - SCRWTD BOARD ACTION.dot S:XBULLE~RMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF THE FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF DELRAY BEACH, FLORIDA, REGARDING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTD); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the City of Delray Beach previously entered into an Interlocal Agreement, dated December 26, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board, hereinafter referred to as "SCRWTD Board" which Agreement has been amended from time to time; and WHEREAS, the SCRWTD Board is desirous of further amending the Interlocal Agreement to provide for more accurate billing for flow, due to meter failure, by changing the basis for billing of the daily average of the three preceding monthly flow to the preceding seven days' flow; 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 Manager is hereby authorized to execute the Fourth Amendment to the Interlocal Agreement between the City of Boynton Beach and the City of Boynton Beach (SCRWTD Board) amending Section 3 of the Annex I to more accurately bill for flow due to meter failure, which Amendment is attached hereto and S:~CA~RESO~Agreements~lnte~local$~Fourtfn Amendment to Interlo~l - SCRWTOB.Gtoc made a part hereof. Section 3. ~assage. PASSED AND ADOPTED this That this Resolution shall become effective immediately upon __ day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:[CA~O. ESOIA,~t~mfl. m~ts\lnt~loc~ls~Fourth Amersclme~t to Intettoc~ - SCI:IWTDB.do~ ROBERT J. HAGEL Executive Director January 22, 2003 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 I JAN23 2]O3 l ~ [~~Ty MA,~.IAGER's'OFFiCE Mr. Kurt Bressner, City Manager CITY OF BOYNTON BEACH P.O. Box 310 Boynton Beach, FL 33425 Dear Kurt: Enclosed are two (2) copies of the Fourth Amendment to the Interlocal Agreement which was approved by the Board at the January 16, 2003 quarterly meeting. Would you please place on your Agenda a Resolution approving this change. Please sign both copies where indicated and return the originals to our office in the envelope provided. Sincerel~ii~? Robert .J~,,'Hagel Executive Director File//01-401 FOURTH AMENDMENT TO INTERLOCAL AGREEMENT THIS FOURTH AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this ~ day of , 2003, by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "BOYNTON," and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "DELRAY." WI TNES SETH: WHEREAS, BOYNTON and DELRAY pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board (the "BOARD"), as amended by First Amendment dated May 27, 1981, by Second Amendment dated September 15, 1983, and by that certain Third Amendment thereto dated October 19, 1995, a copy of which such Interlocal Agreement and above referenced Amendments thereto are attached hereto as composite Exhibit "A"; and WHEREAS, the BOARD is desirous of amending said Section 3 of Annex I of the Interlocal Agreement to more accurately bill for flow due to meter failure by changing the basis for billing of the daily average of the three preceding monthly flow to the preceding seven days' flow; and NOW, THEREFORE, be it resolved as follows: That certain Interlocal Agreement entered into on the 26th day of December, 1974 by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, is amended as follows: 1. Section 3, Failure of Meters, is hereby amended in its entirety to read as follows: "3. Failure of Meters: In the event of a meter failure which prevents the recording of continuous flow data for any period of time for billing purposes, that period of time will be billed on the basis of the d~ily average of the seven preceding days." 2. This Amendment shall become effective upon ratification by a majority vote of each City Council. 3. This Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect altered only to the extent of this Amendment. RESOLVED this '7-0 vote. ,~, C~ day of ~pt/~/~3~p?.~, 2003 by a ATTES ' ~/t t~' ~cretary Approved as to form: toard Attorney The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. WITNESSES: CITY OF DELRAY BEACH By: Mayor Attest: As to City of Delray Beach City Clerk Approved as to form: (SEAL) City Manager City Attorney WITNESSES: CITY OF BOYNTON BEACH By: Mayor As to City of Boy. ton Beach Attest: City Clerk Approved as to form: (SEAL) City Manager City Attorney V.-CONSENT AGENDA ITEM E.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January21,2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mishedBnsmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-026. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Buchanan Variance (ZNCV 02-017) James Buchanan James Buchanan 807 Ocean Inlet Drive (Coquina Cove) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot front yard setback to allow a six (6) foot variance, resulting in a 19 foot front yard setback within the R-l-AA single family zoning district; and Request for relief from the City of Boyaton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a maximum lot coverage of thirty-five percent (35%) to allow a two (2) percent increase, resulting in a thirty-seven (37%) maximum lot coverage within the R-1-AA single family zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ N/A ~ Dcvelg~'~ent ]~et~n~--~l~.r Planning and Zo~ Dkector Ci~ A~omcy / F~ce / H~ Rcso~ces S:~lanning~D~ROJECTS~uch~ Vm~ce~g~da I~m ~qucst Buch~an V~cc ~CV 02~17 2-18~3.dot SABULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC Meeting Date: File No: Location: Owner: Project: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #03-026 Staff Report Community Redevelopment Agency Board and City Commission February 11, 2003 ZNCV 02-017 807 Ocean Inlet Drive (Lot 12 Coquina Cove) James Buchanan Addition to an existing single-family dwelling. Variance Request: 1. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot front yard setback to allow a six (6) foot variance, resulting in a 19 foot front yard setback within the R-l-AA single family zoning district; and 2. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a maximum lot coverage of thirty-five percent (35%) to allow a two (2) percent increase, resulting in a thirty-seven percent (37%) maximum lot coverage within the R-l- AA single family zoning district. BACKGROUND The subject property and surrouhding neighborhood is currently zoned R-l-AA, single family residential (see Exhibit "A" - Location map). The lot was developed in 1960, and it conforms with the current R-l-AA zoning distdct building and site regulations. The subject property is surrounded by developed lots some of which are undergoing renovation as well. The property is located at the north side of Ocean Inlet Ddve and has a depth of 98 feet. For comparison, those properties located at the south side of Ocean Inlet Ddve have a depth of 112 feet. Staff surveyed the area and it was observed that all properties along both sides of Ocean Inlet Ddve comply with the minimum front setback requirement of 25 feet, as estimated by the straight alignment of the front building lines with few exceptions. One exception is presented by Lot #13 to the east, which was granted a five (5) foot vadance on October 10, 2000 to allow a 20-foot front setback. The subject variances are requested in conjunction with a plan to expand the existing single-family home with a second story including an additional one-car garage. The requested setback vadance is only for the front portion of the first floor of the existing house. This planned expansion is consistent with new construction and redevelopment projects observed in the subject neighborhood. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: Page 2 Buchanan File No. ZNCV 02-017 ao That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. Co That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other/ands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) Staff has conducted this analysis with a focus on the uniqueness of the subject property relative to other subdivisions similarly zoned, the history of vadance approvals within the subject subdivision, neighborhood impact, and current improvement trends within the subject subdivision. The subject parcel totals 7,350 square feet, which is less than the minimum 7,500 square feet required for a lot platted before 1975 (the lot was platted in 1952). The lot is considered a legal non-conforming parcel according to the Land Development Regulations Chapter 2, Section 11.1. C. 3. This section of the code allows the development of a lot within the R-l-AA zoning district as long as: the parcel contains one whole platted lot, the lot cannot be assembled to increase the size to a conforming size, and the lot is not less than 6,750 square feet (see Exhibit "B" - Survey). Staff's review of city records and a field visit verified that similar variances for setback reductions have been granted for properties within close proximity to the subject property. The Coquina Cove Subdivision was platted in 1952 with typical lot dimensions of 75 feet (wide) by 98 feet (deep) for the lots located north of Ocean Inlet Ddve. In contrast, other subdivisions throughout the city that are similarly zoned have typical lot dimensions of 80 feet (wide) and 100 feet to 120 feet (deep). The shallow depths of typical lots within this subdivision, when combined with the minimum rear and front setbacks (totaling 50 feet), may limit design flexibility. Based on this information staff has found evidence of a hardship. Unlike the review of previous similar variance applications, which were limited to the subject subdivision, the comparison with other similarly zoned subdivisions has revealed the uniqueness of the subject plat and therefore the potential for zoning regulations to have unequal effects within similarly zoned properties. Page 3 Buchanan File No. ZNCV 02-017 With respect to item "e", the current trend within this neighborhood, as evident by newly constructed and redeveloped homes in the area, tends to encourage similar improvements regardless of lot constraints. The proposed variances would allow improvements that permit "reasonable" use of the property, and may contribute to increasing the value of the property to closely match the value of the land as well as the value of other improved properties in the neighborhood.. With the increasing desire for larger and more valuable homes that contain greater features and more capable of accommodating a aging relative, the term "reasonable" may be defined differently today then when the neighborhood was originally platted. Regarding the intent of the zoning regulations, and impacts on adjacent properties, staff acknowledges that if the standard building envelope is expanded closer to property lines, the impacts on adjacent properties can include reduced light, air flow, and views. This is not the case with this request. The applicant proposes to extend the east and west portion of the building footprint to 19 feet from the front (south) property line, leaving the central portion of the front wall and the second story addition, to be setback approximately 25 feet. As proposed, the six-foot encroachment would be minimal, without negatively impacting adjacent properties. The front portions of the residence extending beyond the required setback line is the minimum adjustment necessary to: 1) expand the existing one-car garage; 2) provide an additional one- car garage; and 3) accommodate, on the first floor, a bedroom suite for the applicant's aging mother (see Exhibit "C" - Vadance requested and Floor Plan). Further, this encroachment within the front setback will provide a rather conservative floor plan design creating lesser impacts on the existing floor plan (maintaining Iow cost) and offedng greater fac,,ade articulation to accomplish certain architectural design goals. It should be noted that the necessity for the second vadance (maximum lot coverage) would be the result of the proposed front setback variance and the proposed house expansion. According to the applicant, the square footage of the existing house represents 29% lot coverage, which would increase to 37% following the proposed addition to the residence. CONCLUSIONS/RECOMMENDATION Staff recommends that the subject requests for the front setback and maximum lot coverage variances be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "D". Staff should indicate that past vadance requests have been reviewed by the City using more than the traditional criteria, or interpretations of this criteria placing greater emphasis on economic potential and characteristics of surrounding properties. This recommendation is based upon the following: 1) 2) 3) 4) That special conditions exist as represented by the shallow lot depths of the subject subdivision compared to other subdivisions similarly zoned (i.e. Mission Hill, Chapel Hill and Golfview Harbour); That numerous similar variances have been granted to other properties within the subject subdivision including those lots adjacent to the subject lot; That the magnitude of the vadance request represents the minimal variance necessary to make reasonable use of the land; and That impacts upon adjacent properties will be minimized by the design of the structure as proposed. MR/mda j:\SHRDATA\Planning\SHARED\WP~PROJECTS\Buchanan Vadance~ZNCV 02-01'~STAFF REP.doc Location Map BUCHANAN ZNCV 02-017 LOT 12, COQUINA COVE R3 LAKE WORTH/ICWW BOYNTON CANAL C-16 EXHIBIT ."B'1 R.B. BRENNAN EXHIBIT "C' GARAGE DINING KITCHEN I ) U~MG ROO~ EXHIBIT "C" BEDROOM BATH ~1 BATH #2 I GARAGE 2 EXHIBIT "C" EXHIBIT "D" Conditions of Ap0roval Project name: Buchanan Variance File number: ZNCV 02-017 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Cmmnents: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Co~nments: None X ENGINEERING DIVISION Con-anents: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Co,,~nents: None X FORESTER/ENVIRONMENTALIST Co~raiients: None X PLANNING AND ZONING Conffftents: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Buchanan Vadance\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Buchanan Variance APPLICANT'S AGENT: James Buchanan APPLICANT'S ADDRESS: 807 Ocean Inlet Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Request relief from City Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot front yard setback to allow a six (6) foot variance resulting in a 19 foot front yard setback; and Request for relief from City Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a requiring a maximum lot coverage of thirty-five percent (35%) to allow a two (2) percent increase, resulting in a thirty-seven (37%) maximum lot coverage within the R-l-AA single family zoning district. LOCATION OF PROPERTY: 807 Ocean Inlet Drive Boynton Beach, FL 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. The Applicant HAS HAS NOT establishe(J by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk j:\SHRDATA~Planning\SHARED\WFN=ORMS~Blanks forms folder~Develop. Order Fon'n-2001-Revised.doc V.-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetint Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Coment Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Cmm-cdssion Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recoumxended that the subject request be approved subject to staff comments, and additional recoamiendations regarding east buffer landscaping, dumpster location, awning color, and extension of the buffer wall. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-025. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Sehnars Business Center (NWSP 02-024) Jeffrey T. Schnars, Schnars Engineering Corp. Ruth R. Dolly 924 North Federal Highway Request for new site plan approval for an 8,754 square foot office/retail building on 0.52-acres in a proposed MU zoning. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ N/A Development Deplar~ent Director ~ture · Pl~tnning and Zorfi~ggDirector City Attorney / Finance / Human Resources s :~Planning~SHARED\WP~PROJECTSkSchnars Business Ctr~IWSP 02-024~Agenda Item Request Schnars Bus Ctr NWSP 02-024 2-18-03.dot SABULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-025 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION January 29, 2003 DE$CRZI:rrzoN OF PRO3ECT Project Name/No.: Schnars Business Center/NWSP 02-024 Property Owner: Ruth R. Dolly Applicant/Agent: Jeffrey Schnars, Schnars Engineering Corporation Location: 924 North Federal Highway Land Use/Zoning: Existing: General Commercial/C-4 (West Parcel), Mixed-Use/Single-Family R-1-A (East Parcel) Proposed: Mixed-Use (MX)/Mixed-Use Low (MU-L) Professional offices and retail Project size: Site Area: Building Area: Floor Area: Lot Coverage: 22,838 square feet (0.52 acres) 3,388 square feet (0.08 acre) 8,754 square feet 15.4% Adjacent Uses: (see Exhibit "A" - Location Map) North N.E. 9m Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned G4; South - An auto repair business (ND Auto Repair shop) zoned G4; East Single-family neighborhood, zoned R-l-A; and West ' North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. Site Characteristics: The site is a vacant, rectangular-shaped lot, overgrown with grasses. The site is cleared and contains a row of Australian pines along the northeast property line. The site contains four (4) parcels (Lots 20, 21, 22, and 23) dissected by a 20-foot wide unimproved alley. On the west side of the unimproved alley, are located lots 21 through 23 with a General Commercial (GC) future land use designation and zoned General Commercial (C-4), while on the east side, is lot 20 with a Mixed Use land use classification (MX) and zoned Single-Family (R-l- A). Proposal: The developer proposes to construct a three (3) story, 8,754 square foot office / retail building located on a 0.52-acre lot (see Exhibit "B" - Proposed Site Plan). The proposed building height is 44 feet - 11 inches, which is below the 75-foot maximum allowed in the MU-L zoning district. A concurrent rezoning Page 2 Schnars Business Center - Site Plan Review Staff Report Memorandum No, PZ 03-025 request (LUAR 02-013) is proposed to bring all parcels under a single district as well as to utilize the preferable development restrictions of the NU-L district. Also being processed concurrently are a reclassification of parcels 21, 22, and 23 to Nixed Use, and the abandonment of a 20-foot wide alley (ABAN 02-003) (see Exhibit "C"- Conditions of Approval). Concurrency: a. Traffic- A traffic study for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division regarding standards compliance. 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 do~Jments are required. Driveways: On-site traffic circulation will consist of two (2), new driveway entrances measuring 24 feet wide providing ingress and egress along North Federal Highway and N.E. 9~ Avenue. The entrance ddveway on North Federal Highway is proposed to be located approximately 90 feet from N.E. 9m Avenue. As this ddveway is proposed along a roadway classified greater than a local street, it must be separated from an intersection by not less than 180 feet. Therefore. the comments require the relocation or elimination of the driveway or receiving relief through the vadance process. The second entrance drive on N.E. 9m Avenue is proposed at :~20 feet from the North Federal Highway. A two-way drive aisle would provide access to the parking area located around the building, to the south and east portion of the property. Parking Facility: The Land Development Regulations require a minimum of one parking space per 300 square feet for an office use and one parking space per 200 square feet for a retail use. Using these ratios, the required number of parking spaces is 34. This is based on 19 spaces required for 5,726 square feet of gross floor area of office space (2"d and 3~ floors), and :!.5 spaces required for 3,028 square feet of retail space (l" floor). The applicant proposes a total of thirty-five (35) spaces for the proposed use, including two (2) spaces designated for handicap use along the southeast portion of the building and a 12-foot wide by 35-foot long loading area located at the southeast corner of the property, in front of the dumpster enclosure. All spaces, except the handicap space will be dimensioned nine feet by eighteen feet (9' x 187. Landscaping: The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is 6,098 square feet or 26.9% of the total site. The project perimeter landscaping includes a 7-foot wide buffer along the north (N.E. 9m Avenue) and west (N. Federal Highway) property lines. The north buffer will contain Montgomery Palm, Cabbage Palm, Guava, Red 'lqp Cocoplum, ];mperial Blue Plumbago, Variegated Giant Liriope, and a Wax Myrtle Page 3 Schnars Business Center - Site Plan Review Staff Report Memorandum No. PZ 03-025 Building and Site: Community Design: Signage: Hedge. The west buffer will contain Montgomery Palm trees and a Wax Myrtle hedge. A continuous Wax Myrtle hedge supplemented with Montgomery Palm Trees is proposed along the south property line. The applicant will provide the required six (6) foot masonry wall along the eastern property line of the site to separate the office/retail use from the adjacent single-family zoning district. Along the side (east) perimeter buffer, inside of the wall, the landscape plan proposes two (2) Gumbo Limbo trees, two (2) White Bird of Paradise, and a row of red Hibicus hedges. The foundation plantings around the building are extensive, exceed code requirements and further enhance the site. This planting includes Red Tip Cocoplum, Purple Bougainvillea, Imperial Blue Plumbago, Evergreen Giant Liriope, and Xanadu Philodendron. The project entrances located on the western and northern property lines will be enhanced with Wax Myrtle hedges and will contain four (4) Tibouchina Granulosa trees meeting the code requirements for signature trees. The development will be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The applicant describes the proposed building design as a Georgian style, three-story structure with a fiat tile roof (Skandia by Entegra). All fa(;ades of the building have been designed and articulated with architectural elements such as shutters, molding, and score lines positively contributing to the overall appearance of both the proposed building and North Federal Highway. The exterior walls of the proposed structure will have a smooth stucco finish painted between a light yellow (Glidden White Whisper 44YY 84/042) and dark yellow scheme (Glidden Candle Wax 79/~.68). The accent trim; windows and doors will be white (Glidden). Additional features such as aluminum railings will be painted black. The proposed entrances of the building will have covered double doors facing North Federal Highway and the east portion of the property adjacent to the parking area. Window planter boxes are located outside the second and third floor windows above the entrances, which further enhances the building's east and west fa~;ades. The building height of 44 feet- 1l inches, is below the maximum 75 feet allowed in the MU-L district. This proposed design is original, as it offers no similarities with any other buildings in the immediate area. Staff support this building design as proposed because it will set higher standards for future development along Federal Highway and is consistent with the underlying concept of the new ML~L zoning district. Three (3) wall signs measuring 21 square feet each are proposed on the west elevation, fronting on North Federal Highway. A freestanding monument sign is proposed along North Federal Highway measuring seven feet and three inches (7'-3') high by eight feet and eight inches (8'-8') wide with the property address located on top. ]:t will depict the name of the building's tenants. The monument sign will receive color and texture treatments similar to those of the Page 4 Schnars Business Center - Site Plan Review Staff Report Memorandum No. PZ 03-025 building. The base of the sign will be enhanced with Yellow Lantana shrubs. The proposed wall signs and the freestanding sign comply with sign standards including maximum sign area and height as set forth in the Land Development Regulations, Chapter 21. RECOMMENDATION: Staff recommends that this site plan request be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP\PROJECTS~Schnars Business Center~NWSP 02-024\Staff report.doc Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" PU ! I NE EXHIBIT '.' B" , I Iii:Il ;]hll "! II BIT "B"' BIT "B" EXHI8 EXHIBIT "B" Ii ':1 !,'il: i J~.i i~,".i : Il l ii, "-'~ i i t i I 2 tIT 'B" EXHIE EXHIRrT "B" '] i~ II'~ SCHNARS BUSINESS CENTERBAC ~:~ ! 7>~ ! BOYNTON BEACH FLORIDA r"VL! I -^, ,,BilT "B" I ! '~]."! BOYNTON BEACH FLORIDA: BAC SCHNARS BUSINESS CENTER BOYNTO N BEACH FLORI D/~ BAC .... I Itl I I I I ~ II11 !I · SCHNARS BUSINESS CENTER BOYNTON BEACH FLORID~ BAC EXHIBIT "C" Conditions of Approval Project name: Schnars Business Center File number: NWSP 02-024 Reference: 2"a review plans identified with a January 14, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. All work done within the Federal Highway right-of-way shall require X FDOT approval and permitting. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. All engineering construction details shall be in accordance with thc X applicable City of Boynton Beach Standard Drawings and will be reviewed for constmctability at the time of construction permit application. BUILDING DIVISION Comments: 3. At time of permit review, submit signed and sealed working drawings of X the proposed construction. PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. The approval of this site plan is contingent upon approval of the request X for rezoning all parcels (parcels 20-23 inclusively) to Mixed Use Low (MU-L) and approval of the Land Use Amendment to Mixed Use for parcels 21, 22, and 23 to the west. 5. The approval of this site plan is contingent upon approval of the request X for the abandonment of the existing 20-foot alley. 6. The parking lot driveway entrance along the western property line shall X be constructed at least one hundred eight (180) feet from an intersection along collector streets or those of a higher classification. (LDR Chapter 23, Art. 11. H.3.). Move driveway to meet minimum separation requirement, request and receive a variance for the minimum relief necessary to maintain driveway on west side of property, or remove the driveway. ADDITIONAL COMMUNTIY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 7. To increase the visual separation between the residential neighborhood X and the proposed project, consider replacing the Live Oak trees along the east buffer with Gumbo Limbo trees. 8. Awnings color (dark color as proposed) will fade; consider a lighter X shade of color for the awnings. 9. The proposed decorative moldings above and below the windows to be X widened to the extent of the window and shutters combined. 10. Consider continuing the buffer wall along the south property line further X west of the proposed dumpster. 11. Consider installing a buffer wall along the south side, approximately 20 X feet west of proposed dumpster location. DEPARTMENTS INCLUDE REJECT 12. Consider an alternative location for the dumpster. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Schnars Business C~NWSP 02-024\COA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME :Schnars Business Center APPLICANT'S AGENT: Jeffrey T. Schnars - Schnars Engineering Corp APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for a 8,754 square foot office/retail building in a proposed MU-L zoning district on a .52 acre parcel. LOCATION OF PROPERTY: 924 N. 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 Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby .. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Ianning\SHARED\WP~ROJECTS\Schnars Business C~NWSP 02-024\DO.doc V.-CONSENT AGENDA ITEM E.3 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January21,2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved subject to staff comments and additional conditions to address vehicle stacking at project entrances, height of perimeter trees, and project colors. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-033. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Coastal Bay Colony (NWSP 02-026) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC 2421 & 2505 South Federal; 504, 510, 514, & 520 S.E. 23~ Avenue Request for new site plan approval for 65 fee-simple townhouse units on 4.34 acres in a proposed IPUD district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTER_NATIVES: /~/{ N/A Developrne~ D~par~'~'~ Dir'~ctot(,_ City Manager's lgignature Planning~nd Zoning I~ire~tor City Attorney / Finance / Human Resources SAPIanning~SHARED\WPLPROJECTS\Coastal Bay ColonyLNWSP 02-026 Coastal~Agenda Item Request Coastal Bay Colony NWSP 02-026 2-18-03.dot SSBULLETIN~ORMSLS, GENDA ITEM REQUEST FORM.DOC DEPARTMENT OF' DEVELOPMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-033 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION January 30,2003 DESCRIPTION OF PROJECT Project Name/No.: Coastal Bay Colony I NWSP 02-026 Property Owner: Southern Homes of Palm Beach II, LLC Agent: Cados Ballb~, Keith & Balbe, Incorporated Location: West side of Federal Highway, south of Golf Road Current Land Use: Local Retail Commercial (LRC) Current Zoning: Neighborhood Commercial (C-2) / Community Commercial (C-3) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: Infill Planned Unit Development (IPUD) Type of Use: Fee-simple Townhouses Project size: Site Area: Lot Coverage Area: Gross Density: Number of units: 4.34 acres (189,050 square feet) 0.52 acres (29.5%) 11.46 dwelling units per acre 64 dwelling units Adjacent Uses: (see Exhibit "A" - Location Map) North: To the northeast developed commercial property (Sunoco gas station) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial; to the northwest, the right-of-way of SE 23"~ Avenue (Golf Road), then developed property (residential and small offices) classified Local Retail Commercial (LRC) and zoned C-2-Neighborhood Commercial; South: Developed commercial property (dental office) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial; East: Right-of-way for Federal Highway then developed multi-family residential (Hampshire Gardens condominiums) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Multi-family Residential; West: Proposal: Developed residential property (Los Mangos) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Multi-family Residential. Cados Ballb~, agent for Southern Homes of Palm Beach II, LLC., proposes to construct 6,~ fee simple townhouse units in 12 separate buildings on a 4.34-acre parcel (see Exhibit "E Proposed Site Plan). The plan also includes a recreation area with a clubhouse and poow. The number of units within each building will vary from three (3) to eight (8) units. The buildings will be two (2) and three (3) stodes high and include two (2) and three (3) bedroom units. In addition, a land-use amendment / rezoning application (LUAR 02-014) is being Page 2 Coastal Bay Colony Site Plan Review Staff Report Memorandum No. PZ 03-033 Site Characteristics: Concurrency: a. Traffic- b. Drainage- c. School- Driveways: Parking Facility: Landscaping: processed concurrently with this site plan. The current land use designations allow for a maximum density of 10.8 dwelling units per acre. The new land use designation will allow the proposed higher density (11.46 dwelling units per acre). Therefore, approval of this project is contingent upon the approval of the corresponding land-use / rezoning application (see Exhibit "C" - Conditions of Approval). The subject property is an irregularly-shaped parcel comprised of multiple lots totaling 4.74 acres. As indicated on the survey, the site fronts on both Golf Road and Federal Highway. A portion of the property (shown as "Parcel 1" and "Parcel 2" on the survey) is developed with residential and commercial structures. The remaining portion (shown as "Parcel 2" on the survey) is undeveloped. All lots are relatively fiat, and vegetated with a mixture of unidentified palm / shade trees and shrubs. The survey shows that the highest elevation is 12.2 feet occurring at the rear of "Parcel 2". 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; 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; and The project has met the school concurrency requirements of Palm Beach County. The site will have two (2) points of ingress / egress. The entrance proposed on Federal Highway would be comprised of a 20-foot wide ingress ddveway and a 15-foot wide egress driveway. This point of ingress / egress will have an eight (8) foot wide median in the center of the opening to separate and direct vehicular traffic in and out of the subject property. This entrance will have brick pavers to provide a more desirable appearance. The second point of ingress / egress is proposed on Golf Road. Although not dimensioned on the site plan, the ddveway opening appears to be 25 feet in width, which would comply with Chapter 23, Article II.H.1. Regardless, the dimension needs to be indicated on the site plan (see Exhibit "C" - Conditions of Approval). A total of 133 parking spaces are required for the proposed residential use based on the ratio of two (2) spaces per dwelling unit plus five (5) spaces for the recreational area. The applicant is providing 147 spaces. Guest parking spaces are dispersed throughout the site. Each townhouse unit will have a two (2)-car garage. In addition, all the two (2) story units will have a ddveway (outside the garage) that would accommodate two (2) parked cars. Only a handful of the three (3) story units however, will have this provision. The actual garage opening for all units will be 16 feet in width. The proposed pervious area of the parcel equals 1.32 acres or 30.43% of the total site. The landscape plan shows at least 231 trees, most of which will be native. The majority of all shrubs / groundcover will be native as well. The site landscaping will exceed the minimum plant matedal required by Chapter 7.5 of the Land Development Regulations. The landscape plan provides a mixture of palm trees, shade trees, shrubs, and colorful groundcover that will further enhance the overall beauty of the project. Page 3 Coastal Bay Colony Site Plan Review Staff Report Memorandum No. PZ 03-033 Building / Site: The depth of the east landscaped area (along Federal Highway) will vary. When scaled, the landscaped area will be 15 feet at its narrowest point and 25 feet at its widest point. A meandering six (6) foot high iron style fence is proposed within this front landscaped area. This fence will dissect the buffer into two (2) portions, namely inside and outside the fence. Landscape matedal is proposed both inside and outside of the iron style fence. Flodda Royal Palm and Pink Trumpet trees are proposed to buffer the buildings from Federal Highway. A row of Redtip Cocoplum hedges is proposed on the outside of the iron style fence. The east landscape buffer (west of the gas station) will be at minimum five (5) feet in width. A concrete (pre-cast) wall six (6) feet in height is proposed to buffer this residential development from the gas station directly to the east. Live Oak and Wax Privet trees are proposed within this buffer. A row of Red Tip Cocoplum hedges is proposed on the inside of the wall. Similar to the east landscape buffer, a concrete (pre-cast) wall six (6) feet in height is proposed within the north landscape buffer. The depth of this buffer on the outside of the wall will be five (5) feet in width. The landscaped area inside the wall will be 10 feet in width. This northern buffer will contain a row of Flodda Royal Palm trees outside the wall and Pink Trumpet trees inside the wall. The size of the west landscape buffer (adjacent to Los Mangos) will vary but will be at least 10 feet in width at its widest point and five (5) feet at its narrowest point (from the ddve aisle). The wall is proposed along the property line. This buffer will contain a mix of shade and palm trees as well as hedge material. The depth of the southem landscape buffer (opposite to the commercial property) will va~, but will be 10 feet in width at its widest point where the buildings are proposed and five (5) feet in width at its narrowest point where the ddve aisles are proposed. It too will contain the buffer wall and a mixture of shade / palm trees and hedge material. The IPUD zoning distdct allows buildings to reach a maximum height of 45 feet; however, a lesser height could be imposed where incompatible with adjacent properties. According to the building elevations indicated on sheet A-8.2, the proposed two (2)-story fee-simple townhouses will be 28 feet - one (1) inch at the peak of the barrel tile roof. According to building elevations indicated on sheet A-6, the peak of the roof of the three (3) story townhouse units will be 41 feet- seven (7) inches in height. The 64 dwelling units are proposed throughout 12 separate buildings on the 4.74-acre site. The proposed density of 11.46 dwelling units per acre is above the number of units permitted by the High Density Residential (HDR) land use classification, requiring a land use amendment (see Exhibit "C" - Conditions of Approval). The IPUD zoning distdct has no actual building setback requirements; however, all of the buildings are proposed to be setback at least 10 feet from any property line. Inside the development, the separation distance between buildings is generally greater than 20 feet, except for 10 feet between buildings "Nine" and "Eleven". As previously mentioned, a concrete (pre-cast) wall six (6) feet in height would be placed along the north, south, and west property lines. The detail of the wall is shown on sheet L-~ The wall color(s) will be light earth tone colors to match the buildings. The fence propos within the east landscape buffer will be six (6) feet in height and will match the fence that be required around the recreation / pool area. Page 4 Coastal Bay Colony Site Plan Review Staff Report Memorandum No. PZ 03-033 Community Design: The proposed buildings and clubhouse resemble a Neo-Mediterranean design with Spanish "S' Tile roof. The majority of exterior walls of the buildings will have a smooth stucco finish with multiple color options. The varieties of Sherwin Williams paints are proposed as follows: Orange Tree SW 2317, White SW 2829, Maize SW 2338, Ornamental Gold SW 2342, and Colonial Revival Tan SW 2828. All buildings will be accentuated with balconies having aluminum railings, window shutters, awnings, stucco banding, and imitation keystone trim. The main access ddve leads to a decorative fountain to be located at the center of the development. Bdck pavers, a lower level pool, and landscape matedal will surround this fountain. The center of the fountain will be adorned with statues of five (5) foot high dolphin figurines. The dolphin figurines will be placed on top of a seven (7) foot - six (6) inch masonry pedestal. The masonry pedestal will have cast stone spitters. The plans propose one (1) type of outdoor freestanding outdoor lighting fixture, namely, the Type "A" light post. The light post will be 18 feet tall. The matedal will be a round concrete pole. The color of the pole fixture is undetermined at this time. Accent lighting includes at- grade accent lights, sign lights, bollard lights, and wall lights. All accent lighting fixtures are is shown on sheet LT-1. A covered entry canopy is proposed at the main entrance along Federal Highway. The entry canopy will have a 14-foot - six (6) inch clearance. The intent is to have Bougainvillea vine grow within the overhead trellis in order to frame the front entry for added beauty. Signage: According to the landscape elevations (sheet L-3), two (2) project entry signs are proposed on the fence on each side of the entrance along Federal Highway. The elevations indicate that each sign face will be 17 square feet in area. It will have 10-inch letters that indicate (Coastal Bay Colony). 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~Wp~Projects~Coastal Bay Colony~NWSP 02-026 Coastal~Staff Report.doc Location Map COASTAL BAY COLONY EXHIBIT "A" / / R3 ICWW RE EXHIBIT "B" EXHIBIT "B'" EXHIBIT "B" EXHIBIT "B" ',I."',.-. .'~'-~l'!ii'!Jil',,:, ,,,,. '. 'i!i "'"'j ' " '" ,o-, · !¢ ,,,,,,,,, ," ,,, i;, "~, EXHIBIT "B" .... E×FI'I,BIT "B" COASTAL BAY COLONY SITE HARDSCAPE PLAN III i'~ iii: 'Ill:Ill: COASTAr. BAY COLONY SITE PLANTING PLAN ~© ® ®®®®®®® 'EXH!BIT "B". ]~3.S:rAI.~.~ .AY co,~om LANDSCAPE ~.~3/ATION / EXHIBIT "B" COASTAL BAY COLONY SITE TREE DISPOSITION PI.AN EXHi~ IT "B" E [lii''"i//il[!l~i!!~i IC~'-OA~STAL BAY COLONY ~ SITE LANDSCAPE LIGHTING PLAN EXHi.BIT "B" EXHIBIT "B" EXHIBIT "B" 'EXHIBIT "B" 'EXHIBIT "B" Ill I'" m EXHIBIT "B" Ili T- Ill ,I ,1'1,! '! ITl r- ITl EXHIBIT "B" EXHIBIT "B" .', ]> ?I :I II · EXHIBIT "B" EXHIBIT "B" EXH!.iI-i' "B" EXHIBIT "C" Conditions of Approval Project name: Coastal Bay Colony File number: NWSP 02-026 Reference: 2na review plans identified as a New Site Plan with a January 21, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. 2. On the site and civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings B-98001 and B-90013 for striping details. 3. No direction of flow is shown for the northernmost section of the subdivision. X Please correct. UTILITIES Comments: 4. All utility easements shall be shown on the site plan and landscape drawings X (as well as a new Water and Sewer Plan Sheet) so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights- of-way. 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). 6. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in the CODE, COA 02/07/03 2 DEPARTMENTS INCLUDE REJECT Section 26-33(a). FIRE Comments: 7. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor ~rade to the underside of the topmost roof assembly. POLICE Comments: None X ENGINEERING DIVISION Comments: 8. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. 9. Landscaped areas shall be protected from vehicular encroachment by a X continuous, raised curb (LDR, Chapter 7.5, Article II, Section 5.A. and Chapter 22, Article II, Section E.) Curb appears to be missing around the "driveway" in the southeast comer of the subdivision. Revise plans accordingly. 10. Any damage to the irrigation system and/or landscaping as a result of the X contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. 11. At a minimum, existing and proposed elevations are required on the paving X and drainage system plan in accordance with the LDR, Chapter 4, Section 7.F. Provide preliminary calculations showing pre- and post-development permeability areas and storage requirements. 12. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. The drainage system shall conform to City Standard Drawing B- 91007. COA 02/07/03 3 DEPARTMENTS INCLUDE REJECT 13. The roadway north of the entryway is incorrectly dimensioned as 16 feet. X Please correct to 20 feet. 14. Paving and drainage system details as shown on sheet PD2 of 2 will no__St be X reviewed for construction acceptability at this time. All engineering conslruction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. BUILDING DIVISION Comments: 15. At time of permit review, provide a completed and executed City of Boynton X 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. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions. a) Will the pool/clubhouse building be restricted to the residents of the entire project only? b) Will the residents have to cross any major roads or thoroughfare to get to the pool/clubhouse/recreation building? c) Will there be any additional deliveries to the site? d) Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the county send the City a copy of their determination of what impact fees are required for the pool/clubhouse/lease office building 18. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a COA 02/07/03 4 DEPARTMENTS INCLUDE REJECT 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 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 alon~; the path of travel. PARKS AND RECREATION Comments: 19. The Park & Recreation Impact Fee is due at the time of the first applicable X building permit. The plans indicate there will be 64 single family attached residential units in the development. According to Chapter 1, Article V, of the Land Development Regulations the calculation of the Parks & Recreation Facilities Impact Fee is as follows: ~ $771 ea = $49,344 (Recreation Impact Fee). FORESTERfENVIRONMENTALIST Comments: 20. The applicant should indicate on the landscape plan the existing trees that will X be preserved, relocated, or removed / replaced on the site. This should be indicated with a separate symbol on the landscape plan sheet L-2 (Chapter 7.5, Article II Section 7.C). PLANNING AND ZONING Comments: 21. Approval of this site plan is contingent upon the approval of the land use / X rezoning application (LUAR 02-014). 22. Place a note on the site plan (sheet SP1 of 2) that no solid or screen roof X enclosures will be permitted on the townhouse units. 23. The width of the internal driveways (private rights-of-way) shall be approved X by the Engineering Division. 24. On the site plan, indicate the width of the driveway opening proposed on Golf X Road to ensure it complies with Chapter 23, Article II.H. COA 02/12/03 5 DEPARTMENTS INCLUDE REJECT 25. If required by the Engineering Division of Public Works, the applicant shall X submit a request to abandon any easements. 26. On sheet "L-3", indicate the letter colors (of the signs) to ensure compatibility X with the proposed project and surrounding properties. 27. The elevations of the privacy wall should indicate the exterior finish and X proposed colors to ensure compatibility with the subject project and surrounding properties. 28. Show the location of the A/C pads on the site plan. X 29. Provide the building dimensions on elevation sheets "A-4" and "A-5". X 30. On the landscape plan, ensure that the type and quantities of landscape X material match between the graphic illustration and the plant list. 31. Staff recommends enhancing the side elevations of buildings that are exposed X to Federal Highway (Building 1, 2, 4, 10, 11, and 12). Enhancements could include but are not limited to the following: awnings, shutters, banding, window molding, window base, imitation keystone trim. 32. Coordinate with the City Forester / Environmentalist regarding the installation X of brick pavers and palm trees within the U.S. 1 right-of-way. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 33. The entrance gate (proposed at SE 23~a Avenue) shall be shifted southward to X maximize vehicle stacking without the entrance gates swinging into the drive aisle. A minimum of 2 or 3 cars capacity shall be provided. 34. The applicant shall work with staff to redesign the front entrance (from US-l) X to allow for increased queuing distance and to allow for a visitors escape lane/guest turn around area. 35. Increase the height of the proposed trees adjacent to the gas station and Los X Mangos. The shade trees (Live Oak) shall be installed at 16 feet in height. 36. The proposed building colors shall closely resemble the colored rendering X rather than the colors indicated on the elevation drawings (i.e. include the red color shown on the rendering). COA 02/12/03 6 DEPARTMENTS INCLUDE REJECT CITY COMMISSION COMMENTS: Comments: 37. To be determined. MWR/elj S:\Planning\Shared\Wp\Projects\Coastal Bay Colony~NWSP 02-026 Coastal\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Coastal Bay Colony APPLICANT'S AGENT: Carlos Ballbe, Keith & Ballbe, Inc. APPLICANT'S ADDRESS: 1700 Northwest 64t' Street, Suite 300 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Site plan approval for the construction of 64 fee-simple townhouse units on 4.34 acres LOCATION OF PROPERTY: West side of Federal Highway, south of Golf Road 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: S:\Planning\Shared~Wp~rojects\Coastal Bay Colony~NWSP 02-026 Coastal~O.doc City Clerk V.-CONSENT AGENDA ITEt4 E.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18, 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) Febmary 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-036. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Southern Homes Temp Trailer (NWSP 02-027) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC North Federal Highway and Chukker Road (Lots 62 and 63 of "Trade Wind Estates"). Request for new site plan approval for a 3,200 square foot temporary construction/office trailer on 2.26-acres in a C-2 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: ~ , N/A D eve lol~n( ~)el~-t~nent I~irector City Manager's Signature Planning and Zonmg~Dil~ctor City Attorney / Finance / Human Resources S:XPlanningXSHARED\WP~'ROJECTS\Coastal Bay ColonyXNWSP 02-027-Temp Sales Trailer~genda Item Request Southern Homes of Palm Beach NWSP 02-027 2-18-03.dot S:~BULLETIN~ORMSX~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-036 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION February 4, 2003 DESCRIPTION OF PROJECT Project Name/No.: Southern Homes of Palm Beach, LLC / NWSP 02-027 Property Owner: Bruce R. Kwal as Trustee of The Banyan Trust Agent: Location: Carlos Ballb~ with Keith & Ballb~, Inc. West side of Federal Highway on lots 62 and 63 of "Trade Winds Estates", south of the intersection of Federal Highway and Old Dixie Highway Current Land Use: Local Retail Commercial (LRC) Current Zoning: Community Commercial (C-3) Type of Use: Temporary Sales Trailer Project size: Building Area: Site Area: Lot Coverage Area: Pervious Area: 3,200 square feet 2.26 acres (98,446 square feet) 0.07 acres (3.10%) 1.96 acres (86.73%) Adjacent Uses: (see Exhibit "A" - Location Map) North: Vacant property (proposed Victoria's Closet) zoned Community Commercial (C-3); South: Vacant property in Unincorporated Palm Beach County zoned Commercial General (CG) and Residential Multi-family (RM); East: West: Proposal: Right;of-way for Federal Highway then developed commercial property in Unincorporated Palm Beach County zoned Commercial General (CG); Developed residential property in Unincorporated Palm Beach County zoned Residential Mulit- family (RM). Site Characteristics: Cados Ballb~, agent for owner Bruce Kwal (Trustee) submitted a proposal to construct a temporary, 3,200 square foot sales / construction trailer for Southern Homes of Palm Beach, LLC (see Exhibit "B" - Proposed Site Plan). The temporary sales / construction trailer will be used as the "home base" for the applicant's multiple project's planned in the City of Boynton Beach. The applicant anticipates that the use of the temporary trailer will cease within approximately two (2) years of its certificate of occupancy. The subject property is shaped like a parallelogram and is comprised of two (2) lots totaling 2.26 acres. As indicated on the survey, the site fronts on Federal Highway, just south of P' Victoria's Closet storage use project (COUS 02-004), which was recently approved by. City Commission. The subject site is nestled in a pocket of properties both inside and outside the city limits. Any properties located outside the City limits would be in unincorporated Palm Beach County. According to the survey, the site contains Cabbage Page 2 Southern Homes of Palm Beach, LLC Site Plan Review Staff Report Memorandum No. PZ 03-036 Concurrency: palm, Slash pine, and some unidentified trees. The eastern portion of the site had been previously cleared while the western portion of the site is overgrown with native and exotic vegetation. The survey indicates that a billboard structure is located at the southeast comer of the site, near Federal Highway. Staff recommends removing the billboard from the site subsequent to site plan approval (see Exhibit "C" - Conditions of Approval). The survey also shows that the highest elevation is 10 feet - five (5) inches, located towards the southern portion of the site near the center. a. Traffic- A traffic impact statement is required for this project. The Palm Beach County Traffic Division must ensure that the project meets the Traffic Performance Standards of Palm Beach County. The County must review and approve the traffic impact statement before the applicant can submit for building permits (see Exhibit "C" - Conditions of Approval). 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 site will have one (1) point of ingress / egress proposed on Federal Highway. The proposed curb cut on Federal Highway will require review and approval of the Florida Department of Transportation. The site plan indicates that the driveway opening will be 24 feet in width. This opening will allow for right-turn ingress and egress only. Parking Facility: A total of 11 parking spaces are required for the proposed sales office use based on the ratio of one (1) spaces per 300 square feet of gross floor area. The applicant is providing 16 parking spaces, which includes one (1) space for handicap parking. The backup distance between the 90-degree parking spaces will be 45 feet in width. The spaces will be dimensioned nine (9) feet in width by 18 feet in length, except for the handicap space, which will be 12 feet in width with five (5) feet of striping. Landscaping: The proposed pervious area of the parcel equals 1.96 acres or over 80% of the site. The landscape plan indicates 38 trees, half of which will be native. The depth of the east landscape buffer (along Federal Highway) will vary. When scaled, the depth of the buffer will be 30 feet at its widest point and 12 feet at its narrowest point. The landscape plan indicates that Silver Buttonwood and Veitcha palm trees are proposed along Federal Highway inside this front landscape buffer. However, the landscape plan indicates that the buffer will not provide the quantity, type, or spacing of required plant material. In order to comply with the City's landscape code, this landscape buffer shall contain a tree (spaced every 30 feet) in conjunction with a row of hedge matedal and colorful groundcover plants. Also, a signature tree is required on each side of the project entrance (see Exhibit "C' - Conditions of Approval). Landscape matedal is proposed along the perimeter of the parking lot, which will screen the vehicular use area from the adjacent property and the Federal Highway corridor. The landscape plan proposes Live Oak trees to be installed around the parking lot and also in front of the temporary trailer. Silver Buttonwood trees are proposed at the rear of the trailer. No perimeter landscape material (along the side and rear property lines) is proposed. The western undeveloped portion of the parcel will remain unimproved. Building I Site: The C-3 zoning district allows for buildings to reach a maximum height of 45 feet. According to the building elevations indicated on sheet A-2, the top of the decorative tower will be 32 Page 3 Southern Homes of Palm Beach, LLC Site Plan Review Staff Report Memorandum No. PZ 03-036 feet - four (4) inches in height at the peak of the barrel tile roof (see Exhibit "C" - Conditior,~ of Approval). The elevations do not provide a height dimension for the construction trailer itself, although when scaled at nine (9) feet, it would easily comply with the height regulations of the C-3 zoning district. A four (4) foot wide sidewalk (that also serves as a handicap accessible route) will traverse through the parking area, linking the trailer with the sidewalk along Federal Highway. Community Design: The basic building structure will consist of three (3) prefabricated trailers. The applicant proposes a false decorative fac,,ade to enhance the bland appearance of the trailers, concealing them from Federal Highway. The attractive features of the structure will include but not be limited to the following: smooth stucco finish, Spanish "S" tile roof, decorative columns and archways, wrought iron railing and window panes, prefabricated decorative details and brackets, stucco banding, precast keystone banding, and decorative lighting fixtures. No rear elevations were provided for the construction trailer. Also, the elevations do not indicate the color(s) or paint manufacturers color-coding for the trailer or decorative structure (see Exhibit "C" - Conditions of Approval). The trailer and decorative structure will be removed once sales and constructions operations are complete. The plans (sheet SP1 of 2) indicate a detail of the freestanding outdoor lighting fixtures. The fixtures will be concrete light posts, 18 feet tall and painted green. Signage: No signage is proposed at this time. RECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:~Planning~Sharecl\W!o~:h'ojects~Coastal Bay Coion3ANWSP 02-02?-Te~nl~ Sales Traile~Staff Relx~t,doc Location Map SOUTHERN HOMES EXHIBIT "A" REC SITE R3 R3 NICf ICWW EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" g O ,6 ' z ~ EXHIBIT "B" TEMPORARY CONSTRUCTION/SALES TRAILER SOUTHERN I'10 /~ £~; SOUTHERN HOMES EXHIBIT "B" i; ' Z 0 0 TEMPORARY CONSTRUCTION/SALES TRAILER SOUTHERN HOMES SOUTHERN HOMES EXHIBIT "B" TEMPORARY CONSTRUCTION/SALES TRAILER SOUTH£RN HOMES SOUTHERN HOM~_S EXHIBIT "B" TEMPORARY CONSTRUCTION/SALES TRAILER tl SOUTHERN HOMES EXHIBIT "B" TEMPORARY CONSTRUCTION/SALES TRAILER SOU[HEWN HOMES ~o.,,.,,o~, .t^c,,, ,,o.,,,,, "*'""'.~,~,..,~ EXHIBIT "B" J TEMPORARY CONSTRUCTION/SALES TRAILER foil SOU I'HI. RN HOM~S SOUTHERN HOMES EXHIBIT "B" EXHBIT "C" Conditions of Approval Project name: Southern Homes of Palm Beach Temporary Sales Trailer File number: NWSP 02-027 Reference: 2nd review plans identified as a New Site Plan with a January 30, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application, contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse. In lieu of a dumpster enclosure, staff recommends the use of a roll-out cart for refuse collection at this site. PUBLIC WORKS - Traffic Comments: 2. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. UTILITIES Comments: 3. Sanitary sewer is not available at this time, without significant off-site X construction by the applicant. At this time, the Engineering Division is providing only a cursory review of the site plan. The applicant will be required to provide an alternative method (sanitary collection facility) to be serviced regularly by a licensed contractor. Therefore, the utility plan detailing this information will be required prior to the issuance of a building (trailer) permit. 4. 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 ~reater (see CODE, Section 26-1 FIRE Comments: None X POLICE Comments: None X ENGINEERING DI¥ISlON COA 02/07/03 2 DEPARTMENTS INCLUDE REJECT Comments: 5. Show proposed site lighting on the landscape plan (LDR, Chapter 4, Section X 7.B.4.) 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 and Florida Building Code). Provide 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. 1.a.) Include pole wind loading, and pole 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 on the Lighting Plan. Glare which is readily perceptible at any point at or beyond the property one of the property on which the use is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10.F.5). 6. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1.b). 7. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. At the time of permitting, provide typical sections of the paved areas, X specifying the asphalt, base and sub-base thickness as well as typical sections for sidewalk and curbing. BUILDING DIVISION Comments: 9. At time of permit review, provide a completed and executed City of Boynton X 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. 10. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION COA 02/07/03 3 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENTALIST Comments: 11. The applicant should indicate on the landscape plan any of the existing trees X that will be preserved, relocated, or removed / replaced on the site. This should be indicated with a separate symbol on the landscape plan sheet L-1 (Chapter. 7.5, Article II Sec. 7.C). 12. All trees shown on the landscape plans must be 12 feet to 14 feet in height X and 3 inches in caliper at time of planting (Chapter. 7.5, Article II Sec. 5,C, 2). PLANNING AND ZONING Comments: 13. A unity of title will be required prior to the issuance of a building permit. X 14. No office use shall occur within the decorative structure. X 15. A traffic impact statement is required (Chapter 4. Section 8.F.). The X applicant will not be allowed to submit for building permits until the statement has been submitted to the Planning & Zoning Division and reviewed and approved by the Palm Beach County Traffic Division. 16. The site plan tabular data on sheet SP2 of 2 is incorrect. The Future Land X Use is General Commercial (GC) and the Official Zoning district is Community Commercial (C-3). Also, eliminate "Recreation Area" and "Water Area" from the table. 17. The site plan tabular data on sheet SP2 of 2 is incorrect. Eliminate the X proposed building height of 23 feet - two (2) inches and insert the correct building height. 18. Provide a rear elevation of the construction / sales trailer prior to the X Community Redevelopment Agency meeting. 19. Submit a color sample / swatch of all major exterior finishes. All elevation X drawings shall include the manufacturer's name and color code. Staff recommends using a color schedule (Chapter 4, Section 7.D). 20. All trees are required to be at least 12 feet overall height at the time of X installation (Chapter 7.5, Article II, Section 5.C.2.). COA 02/07/03 4 DEPARTMENTS INCLUDE REJECT 21. Identify the "CS" plants on the landscape plan (sheet SP-1). X 22. Correct the spelling of Bougainvillea on the landscape plan (sheet SP-1). X 23. A tree will be required for every 30 feet within the landscape buffer along X U.S. 1 (Chapter 7.5, Article II, Section 5.D.). 24. The landscape buffer along U.S. 1 (front landscape buffer strip) must contain X the following elements: The outside layer shall be a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row. The inside layer shall consist of a continuous hedge or decorative site wall (Chapter 7.5, Article II, Section 5.D.). 25. Ensure that the quantity of plant material in the landscape plan's plant list X matches the graphic illustration. 26. Landscaping at project entrances shall contain a minimum of two (2) colorful X shrub species on both sides of the entrance and a signature tree (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees. 27. Staff recommends removing the billboard prior to the issuance of a building X permit. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. MWR/elj S:\Planning\Shared\Wp\Projects\Coastal Bay Colony~NWSP 02-027-Temp Sales Trailer~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Southern Homes of Palm Beach, LLC APPLICANT'S AGENT: Carlos Ballbe, Keith & Ballbe, Inc. APPLICANT'S ADDRESS: 1700 Northwest 64th Street, Suite 300 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Site plan approval for the construction of a 3,200 square foot temporary construction / sales trailer on 2.26 acres in a C-3 zoning district LOCATION OF PROPERTY: West side of Federal Highway on Lots 62 & 63 of "Trade Winds Estates", south of the intersection of Federal Highway and Old Dixie Highway DRAWING(S): SEE EXHIBIT "b" A'I-I'ACHED 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning~SHARED~WF~PROJECTS~Coastal Bay Colo~y~NWSP 02-027-Temp Sales Trailer~DO.doc City Clerk Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM F AGENDA ITEM REQUEST FO., va Date Final Form Must be Turned in to Cit~ Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to Cit~ Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda []. New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003, City Commission agenda under Consent Agenda. Staff recommends that the City Commission approve the petition from Robert K. Carter, Jr. representing At Your Service taxi-limousine business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3. EXPLANATION: Request for Certificate of Public Convenience and Necessity for "At Your Service" taxi-limousine service. Pursuant to city codes, Chapter 24 "Taxicabs", prior to operation these uses must obtain approval from the City Commission through granting of a Certificate of Public Convenience and Necessity. A notarized application has been attached for Commission review, which indicates that the business consists of one (I) vehicle and one (1) employee, and that it will operate at the applicant's home address, 354 Boynton Bay Circle, and provide services within Boynton Beach city limits as per Chapter 2, Section 1 l-D, Home Occupation. There are currently three (3) other limousine-taxi businesses licensed to operate within the city. Due to the specialized nature of these businesses, and the limited extent of public transit routes within the city and county, the subject business would not represent an excessive service. PROGRAM IMPACT: N/A FISCAL IMPACT: Increased Occupational License revenues of $125.00 (1 vehicle) annually. ALTERNATIVE.~ To deny the petition for a certification o~Necessity. Dev~m~lnt [Je~rtn~ent ]Sirector City Manager's Signature Plannin~ and Zoning Di~e~ City Attorney / Finance / Human Resources S:LPlanningkALFAROkAT Your Service Agenda Item Req..dot SSBULLETINLFORMSX, AGENDA ITEM REQUEST FORM.DOC CITY Ob" BOYNTON BEACH DEPARTblENT OF DEVELOPMENT 100 E. Boynton Beach Blvd. P.O. B,)x 310 Boynton Beach, Florida 33425 Phone: 561-742.6360 OCCUPATIONAL LICENSE APPLICATION -. Corporate Name: z ~,[adm~, a. ddre~s License Holder: 5. Co ntractor/Pro t'essional ' Is this a Mini-Storage Facility? Yes: No: Is this a Dead Storage Facility? Yes: No: ~ · Total Sq. Ft. of BId~Suite used for this Occupancy:. · Does your Business require outs/de storage.'? Yes: No: ~ N/A: . Total number of allotted Off-Street Parking Spaces tbr use: .. ~ Will you use, handle, store or display Hazardous Materials or -~'ener~;I~,~ardous Waste. as defined by 40 Code or' Federal Parr 26I'? Will your use require Rembdeling and/or Renovation?: Yes: No: .,,,, Wholesale value of merchant's on-site stock inventory: :5 ~ ,,~.,, Total number of scats (Barber Shops/Salons/'RestaurantsiTheaters. ere): / ~,::~/-"' T,tal number of Employees (including Owner): /" TotaI number of'v'ehictes: / . Total nu~be~_' NIachines: F;eatt,5 Department approvai required (?LEASE ATTACH) Test No: . ~" ?::'iously Licensed in the City of Boynton Beach':: Yes: N'o: ~ .7~¥ TN. AT the above information is corr, ecr and complete. [ 'a'iit not ocen t'or business '.tirhout license approval r'.-em, arc L'e :. me City or' Bo?'nton Beach and I am aware that ir' ~ do. r am s= ' 'ecl to tine and/or Imprisonment. Tide: f_.~__~~ ~" Dare Licensed: CITY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT OCCUPATIONAL LICENSE DIVISION HOME OCCUPATION CONDITIONS & AFFIDAVIT OF AGREEMENT The Boynton Beach Land Development Regulations permits Home Occupations within residential districts subject to said business complying with Chapter 2, Zoning Section I I .D which states the following: Home occupations shall be permitted subject to these specific regulations desig'ned for the protection residential neighborhoods, where all or' the activity takes place within a structure, and where the principal use is for residential purposes. In order for any home occupation to be permitted or continue to be permitted, the following performance · standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupational license: The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. A home occupation shall only be conducted within twenty (20) percent of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only be the type of occupation which does not involve client business visits to the home, and is typified by business transactions conducted by telephone, mail, or off premises of the licensed address. (The giving of individual instruction to one (1) person at a time, such as an art or piano teacher, shall be deemed a home occupation). No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, our electrical interference detectable:-to'the-nor~'al senses off the lot, if the occupation is conducted in a single ~arfii'iy.:'eesidenc~i o~ outside the dwelling unit if conducted in other than a single family residence. In th~ case of electrical interference no equipment or process shall be Used which creates visual or audible interference in any radio or television receivers off ti'ii p'/'~i~i~ ....... No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off street parking which complies with Chapter 23,' Parking Lots. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection 2 above and shall not be visible from adjacent residential units. Home Occupation Conditions and Affidavit of Agreement Page 2 Contractors, trades persons and the like shall not use their home garage or yard a.reas for storage of materials and supplies used in business activities. No sign or display shall be visible other that a non-illuminated sign, not exceeding two (2) square feet in area placed on the exter/or wall of the residence as close as practical to the front entrance. A panel, pick-up truck, van or similar type of truck, not over one (1) ton chassis configuration may be parked in a residential zoning district. Such vehicle, however, must be used by a resident of the premises, and not more than one (1) such truck shall be located on each plot. ' 9. A home occupation shall be subject to all occupational license provisions defined in Chapter 13 of the Boynton Beach Code of Ordinances. I, ,~ i~'/".~l ~. ~-----Cc~/~"/~ ~ the o,vner or lessee of the property located at: Address: ~.'f- /~ -- ~'~. f-7( do hereby ce~ ~at I have read ~e foregoing and am aware of my responsibilities ~d liabilities for ~e license to: (describe ~e or ~cfion): ~- ~ , I fully understand each of these specific regulations, and do hereby covenant and agree to abide by each performance standard for the duration of my occupation~ Signature or Licensee STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this (date): by: ?/~/)°/~ct''T'' Ce'~e~T-Z~ /'IS'- who is personally known to me or who has produced (type of identification) as identifica' .~,. _' _ i · ._oath. (SEAL) - . Signature of person taking acknowledgemen (typed, Name of officer taking acknowledgement Serial number, if any:. S:\Developmenth%n'n~ & Templates\Occ. Lic. Home Occupation Conditions & Affidavit of Agreement. doc ACORD CERTIFICATE OF LIABILITY INSURANCE -- '" t 01/07/2003 O~.¥ AND CONFEI~. I~ NIGHI'~ U;~3N THE CF. WrlPlCA/H ALTER THE ~/EI~'I~I ,A~RD~D B'Y Tile IK)UCIE$ lEI. OW. INSUg. EI~ AJlpO]~DIN~ COVENAGE ~.a~ HOR~H A.H~E1'C,~ SP~C. CO, t~e: ~U~LINGTON INSURANCE ¢O. C X , _ 590B000132 10/4/02 10/4/03 ~~ sS00, 000 ~ ~~ sS00,O00 A X ~ ~0000335 08/0~/02 108/02/03 ~"~ ~300,000 ~ s 50,000 [LOSS ~O7~S5~ 0a/0;/0; oe/oa/o3 500.00 CZT~ OF BOZNTOII BEAC~ 100 1~. BOYNTON BEACH BOULEVARD BOYNTON BFJt, C~, FL. 33425 I TOTR_ P. B1 J. AN--1T--2005 m m m Florlc/Pcwer & LiGht Company PO Box 015E78 Miami, FL 33102 / 2? Pleese r~eJt Ghan~ on the back. N~I. ~n the Ita~l will not I~ Catered, B 3oa ~117 7 #BVNOJ~Q ~#* AUTO #tCO #~$~J2~3BQ3775~2~ 130071 WARREN ZACHER 35# BOYNTON BAY CIR BOY#TO~ BEACH FL h,ll,,,IL,l,,I,,ll,,I,l,,,I,l,l,l,l,.h,ll,,i,l,,I,,I,II,,I P.k31 1~1~ 4117~57.444527~76378000000 I ed¢~d my 0o~at:on ~r th~ Ca~e ~o ~h.~e ~ergy ~und to h. p th~u ;n n~d, (=ill 'n ~ ~ ~h~r O 0 O C) 0 DL~.E F~TE~ TOTAL ~0~'? CUSTOMER STATEMENT Account Nuc~r: ~513~52T3 8t~em~t ~te: O~ I~ ~2 ~r~lce O6t~: NOV '~8 ~ tc DEC ~S ~ Custer Ni~: WARREN ZACHER ~ervt,::} [:~]ya: 3G ~rvlce ~reas: ~ B~N~N ~Y CIE NEXT ~CH~CUL~ R~D T'~,T~: J~J~ J~ ~ Meter Readlng.~mr s:;ss,~s C'ur~nt Reading Pre~ous R~lng ~H U~ed Enemy ~ge ~ This M~h Account Ae~.mtt,· Previous ~tat~r,,~,~t ~,~l~,~ Paym~r~ R~v,ad - T:~,:,~K YOU Bi.NCR BEFORE NEW 1 Customer Cheryl: M, 215 lie? Me~lth J Non-Fuel Energy Char~: [ IR~st 1.~0 KWH $0.041~2~ p~, KWH I Over 7~ KVW4 $~. 0~ pe~ ~ I Billing for Electrk~ Elec~Ic Ser~ Amongst On Call C~t Fr~hi~e Ch;~9~ ~ I"? Currem E~tc 0.10 TOTAL. q~W C~:&lt~E~;: a7.~6 - A late paym~t charg~ of and your a~unt yoar I~aaon, aprroxlme~e~? Mi~J, FL 33102 JA~-17--200~ 01:56 AM t,L / V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM G. AGENDA ITEM REQUEST FOt ,l Requested City Commission Mectme Dates [] December 3.2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetine Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to authorize the Utilities Department to turn over $166,687.46 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount. EXPLANATION: The $166,687.46 involves 845 accounts for the fiscal year 2001. Attempts by the City to Collect these past due amounts have been unsuccessful since a majority of the accounts are fi.om rentals and the customer has moved fi.om the area. The amount being deemed uncollectible comprises less than one-half of one percent (actually 0.57%) of the total amount billed during that period for water, sewer, stormwater and refuse. We consider this an acceptable loss when compared to neighboring municipalities, such as Deerfield Beach, Boca Raton, Delray Beach and Lake Worth who consider an average of 1/2% to 1% loss in uncollected revenues to be acceptable. Our percentage falls within that value, and is therefore within the local governmental standard. PROGRAM IMPACT: None S:XBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Minimal since the amount being deemed uncollectible is less than 1% of the total revenues collected for that time period. ALTERNATIVES: Continue to carry the unpaid accounts in the Allowance for Uncollectible Accounts. Department He .a,.~ ~ignamre C~ ~4~n~er's Signa]~e Utilities Department Name City Attorney / Finance / Human Resources XC: Dale Sugennan (w/attachments) Peter Mazzella " Tony Penn " Bill Atkins, Finance Dept." City Attorney " File " S:~BULLETIN~FORMSLa~GENDA ITEM REQUEST FORM.DOC MEMORANDUM TO: Peter Mazzella, Deputy Utilities Director FROM: Anthony Penn, Manager of Customer Relations !~777~ DATE: January 23, 2003 SUBJECT: Agenda Item Request Package Attached is the Agenda Item Request package of uncollectible accounts for fiscal period October 1, 2000, to September 30, 2001, that have been placed in write-off status. The accounts are ready to be tamed over to the City's collection agency pending your review, required signatures and Commission approval. The next request will be submitted in April 2003 for fiscal period October 1,2001, to September 30, 2002. Please let me know if you have any questions or need additional information regarding this request. Attachments Requested City Commission Meeting Dates [] December 3,2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM H. AGENDA ITEM REQUEST FL .... Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18. 2003 Date Final Form Must be Turned tn to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Allocation of $1,500 of Commission Commumty Investment Funds (Commissioner McKoy) for the 2003 Heritage Fest Program - Parade Committee. EXPLANATION: Commissioner McKoy has requested Commission approval of an allocation of $1,500 for the 2003 Heritage Fest Parade Committee. PROGRAM IMPACT: Allocation of funds will assist the Heritage Fest Program activities be successful. FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commissioner has $12,500 in Community Investment Funds to allocate subject to Commission approval. In past years other Commissioner's have allocated funds to the Heritage Fest as well. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature ' ' '~ity Manager's Signa~--'"e~ Department Name City Attorney / Finance / Human Resources S: ~BULLETIN\FORMSLAGENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM I. AGENDA ITEM REQUEST FC Requested City Commission Meeting Dates [] December 3. 2002 [] December 17, 2002 [] January.' 7, 2003 [] January 21. 2003 Date Final Form Must be Turned m to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 {Noon) March 3, 2003 {Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Reaffirm Adoption of D Company, 2na Battalion, 327th Infantry, I st Brigade, 101 st ABN (Air Assault) Division. EXPLANATION: On February 5, 1991, the City Commission adopted Resolution R91-21 adopting a company of the United States Armed Services. We were contacted by the Executive Director of America Supporting Americans (ASA) and asked to reaffwm our morale support for our adopted unit "D Company, 2nd Battalion, 327th Infantry, 1st Brigade, 101st ABN (Air Assault) Division. The City Manager's Office has a temporary address for mailing letters of support. As soon as this unit is deployed, ASA will provide us with an APO mail address. This unit is currently located in Fort Campbell, Kentucky and expects to be deployed very soon. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not approve resolution. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLET1NLFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REAFFIRMING THE CITY OF BOYNTON BEACH'S SUPPORT OF THE I01sT AIRBORNE DIVISION (AIR ASSAULT) AND REDISTRICTING COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the "America Supporting Americans" program was created on March 4, 1968, to provide a mechanism whereby all branches of the United States Armed Services would be "adopted" by an American city; and WHEREAS, the purpose of the adoption program is to bond Americans with the men and women who bravely serve their country; and WHEREAS, there are currently cities in 9 states that have adopted over 60 active units of all branches of the service; and WHEREAS, by Resolution R91-21, dated February 5, 1991, the City of Boynton Beach "adopted" D Company 2/327 Inf., 101st ABN. DIV. (AASLT); and WHEREAS, in recognition of the challenges which lie ahead, it is appropriate and fitting that the City of Boynton Beach reaffirm its adoption and support of the 101st Airborne Division (Air Assault); NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the municipality of Boynton Beach, by and through its City Commission, does reaffirm Resolution No. R91-21, and offers its on-going respect and support for D Company 2/327 Inf., 101st ABN. DIV. (AASLT) 101st Airborne. S:\CA~,RESO[Leg~slative Actlor~s~Reaffirm Sul:~0o't. 101st Airt~ome.doc Section 3. The City Commission of the City of Boynton Beach hereby directs that a certified copy of this Resolution be sent to the Florida League of Cities urging participation in this purposeful cause. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA\RESO\Leg~$1at~ve A~ons~te~fflrm Su~oort - 101st Air'oorne,~oc RESOLUTION NO. Rgl-~,~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A COMPANY OF THE UNITED STATES ARMED SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, our Amercian forces are now engaged in combat in the Persian Gulf region defending and supporting American interest and principles. WHEREAS, "America Supporting Americans" was c~eatad to establish an "adoption" program for every branch (and their unit~) of the United States Armed Services by an American city; and WHEREAS, the purpose of "Amerlca Supporting An~erlcans. is a bridge connecting every American that shares at least one cOm~m'On goal -- putting moral support for the men and women in the armed force~ into action; and WHEREAS, mutual love and dedication have contributed greatly to the on-going success of this program and has become th~ driving force which links us together. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Comnlssion of the City of Boynton Beach, Florida that: Section 1. The City of Boynton Beach, Florld~ hereby adopts D Company Z/327 Inf., XOlst ABN. DIV. (AASLT), Desert ~torm, APO, New York 09782. : Section 2. The City of Boynton Beach hereby urges all community businesses, service clubs, schools and private citlzensi to become involved and support our men and women in the armed services. Section 3. A copy of this resolution shall be)forwarded to the Florida League of Cities urging participation in this purposeful cause. PASSED AND ADOPTED this ~ day of February,, lggl. ATTEST: ~li°rpo~Fate Seal ) CI~ BEACH, FLORIDA onmisslo-r~'r - --- - - - j ASA Horace Contact ASA About ASA C it i_e_ s~AS_A .3oin ASA_United .AdoPt_A Unit · R e q_u e_s_t_ .Sound Off Support .M PSA .Miltary Buddies The Veteran N_e~t .Give Thanks ·.America Government FirstGov EPA FAA FEMA 3ustice Dept State Dept Treasury Dep_t White House Military DefenseLINK Army Navy Air Force Marines Coast Guard Reserves National Guard You Can Help Civil Air Patrol Liberty Unites FB! Most Wanted Red Cross S a!_.v_ation~A_ rmy A M E Direction Goals Mission T_he__ pr~og ra_m About Us MISSION America Supporting Americans, or ASA, is a non-profit 50z(c)(3) organiz; was founded in 1968. It's mission is to link American military units base< U.S. soil or deployed world-wide with American communities who want t¢ their support. During times of peace, our connection strengthens moral ,. between the civilian sector and the men and women serving their nation uniform. During times of war, such as the present war with terrorism, A-~ facilitates public expression of support for the nation's military. ASA cre8 sail filled by the emotional wind from millions of Americans, and backed t the personal connections between units and communities. This sail carrie members of the American military with personally felt assurance of supp¢ from the American people as they perform their often-dangerous duties. Who are these guys? We are Americans supporting Americans, nothim. more, nothing less. We stand united as a body of diverse peoples with a common bond; we love our country and support the men and women themselves in harms way to protect her. We do not support or oppose governmental policies. We provide morale support to American servicem servicewomen by advising and assisting communities that choose to ado[ military troop units and ships." A DZRECTZON FOR THZS CAMPAZGN REGARDING THE COMMI'TMEN SUPPORTS THE CITZES ARE EXPECTED TO EXTEND (E-MAIL, DZSCUSSI'ON GROUPS, ETC.) Once a city adopts a unit by passing a resolution its council seeks memb( within its own community, civic or business leaders to form an action committee enlisting the participation to support their unit. This citizens committee acts as a liaison between its community and adopted unit. Periodically the Committee reports to ASA. A city should communicate v unit through e-mail or regular mail. Promoting morale support among it., citizens, businesses, church groups, government employees, i.e. police a~ departments, public and private schools. Displaying its pride in the unit adopted through visual photos, posters, signs or banners providing publi( awareness. Periodic support from its own local media, newspaper or TV i http://asa.theveteran.net/MissionStatement.html 2/12/2003 .~A = .Kmenca > upporttng Anxencans Page 2 or' 4 Transcripts Defense Dept State Dept White House keeping the citizens aware of its own adopted unit by printing positive an active support whenever possible. Exchanging community support progra and promoting new ideas through ASA website. THE PROGRAM AS IT STANDS TODAY. ASA contacts military units explaining its support program. Units desirin! become a part of the program request a city to adopt them. ASA seeks c interested in the Adopt-a-unit program, providing them with an informati packet. ASA provides morale supporting guidelines to the cities and request to th to pass a formal resolution supporting a designated unit. Cities forward ~ of said resolution to the commander stating their support. Through the c proclaimed resolution the city urges all community businesses, service ch schools and private citizens to become involved and support their adopte, and women in the armed services. The city forwards a copy of the resolut all cities in the Tri-County League of Cities urging participation in this purposeful cause. ASA answers the call from adopted units' family supp, programs whenever possible. ASA always recognizes and honors those adopted sons and daughters who make the supreme sacrifice for their Co Some cities are more active than others it depends on how dedicated the citizens committee that ASA suggest for each City to set-up becomes. Al depends on how the contact within the unit itself deems the relevance of community support applies to its people. Commanders are somewhat li~ citizens committee, some more dedicated than others, the majority recog the need for it people and extremely helpful in coordinating with the community. ANTZCZPATED ACTI'VI'TY AND SUPPORT PROGRAMS Cities participating in ASA's Adopt-a-Unit/Ship Program are required to: · Pass a formal Resolution (example provided by ASA by participating cities) · Copy of Resolution sent to Unit's point of contact · Present Unit/Ship with symbolic key to the city (gesture of morale support) · City Mayor/council appoint liaison committee from within its own community Liaison Committee seeks community support from schools, civic groups, businesses, chamber of commerce, senior citize~ organizations, government agencies, Fire Department, local http://asa, theveteran.net/MissionStatement.html 2/12/2003 .ASA .~nenca Suppom~ng Americans -'2~ 5 et' ' Police Department and local media · Liaison Committee to periodically keep ASA informed of their community's activities and willing to share their supportive programs with other cities across the nation through ASA SUGGESTED PROJECTS AND ACTZVZTZES: · Liaison Committee sets up a communication station for messages of support via e-mail, video or postal Specific projects, posting pictures, commendations, written material from unit in community stores, libraries, schools, cit' hall Sending packages of magazines, local newspapers, sports related material, writing paper, community event pictures, newsletters related to interesting facts about their adopted town · Community athletic coaches may choose to adopt name of unit and record games for unit During national celebrated holidays to send cards and/or small inexpensive gives as a token of appreciation to their unit - community fundraisers to pay for gift ASA'S GOALS ASA's future plans include a national campaign that will allow it to its "Adopt-A-Unit/Ship" program. ASA will enlarge its operations significantly to address the nationally need for a link between milit~ units and local civilian communities. ASA intends to add substance to this community-unit relationship ~ having the unit provide tutoring and other critical educational need children as well as companionship for the elderly and veterans, all ( volunteer basis. The City of San Clemente, California and 2d Battali 4th Marine Regiment has already put examples of this developed relationship into action. Additionally, civilian communities that are participating in this program have provided various morale-buildinc_ activities to include: letter writing town fairs/picnics and welcome I' parades. The overriding goal is to set an environment where civilian and military community strengthen our common bon sense of pride in America. ASA also plans to expand its operations so as to provide a link bet~ http://asa.theveteran.net/MissionStatement.html 2/l 2/2003 service members leaving the military and potential civilian employE The goal is to connect departing service members with potential employment opportunities in either the regions these service memt call home or on a national basis. t4ORE ABOUT ASA ON THE NET Where do I begin? War-Stories Birth of ASA, the Screaming Eagles San Hateo adopts the 101st Airborne Division ©2001-2002.,. · about, adopt a unit. contact, home. ion ASA united . oarticiDating cities, sound off. http://asa.theveteran.net/MissionStatement.html 2/12/2003 Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 VI.-CODE - LEGAL SE'I-I'LEMENT CITY OF BOYNTON BEA( ITEM A. AGENDA ITEM REQUEST .... Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Date~ [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to Cit3, Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation Diane Murray v. City Of Boynton Beach PLAINTIFF COUNSEL: Nancy Lapierre & Eric Ansel, Lekach Klitzner & Ansel DEFENSE COUNSEL: Ben Bedard, Roberts Reynolds & Bedard RECOMMENDATION: Motion to authorize a mediated settlement with Plaintiff in the amount of $10,750.00 ~ EXPLANATION: On January 3, 2000, plaintiff was playing in a shuffleboard tournament at the City shuffleboard courts at Madsen Center. Plaintiff alleges that she tripped over a rubber tubing which had separated from the wall of the court. Plaintiff suffered a fractured wrist. Plaintiff incurred medical expenses of approximately $5,000., and alleges a continuing physical deformity. Original demand at mediation was $30,000. PROGRAM IMPACT: Settlement of this nature is part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $30,000. Additional defense trial legal costs are estimated at $15,000. nt ~ead'~ignature ' RISK MANAGEMENT Department Name City'Manager's Signature City Att~ey ! Finance / Human Resources CJM/Claimgl/MurrayD0 l.dot S:XBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: January 23, 2003 SUBJECT: Diane Murray v. City of Boynton Beach Date of Loss: Januar~ 3, 2000 Risk Management recommends the City Commission ratify the: in the above stated manner. X Settlement_ Judgement RESERVES: Indemnity: $ 15,000 Expenses: $ 10,000 Demand: Original: $ 30,000 Final: $ 11,500 Offer: Original: $ 4,500 Final: $ 10,000 x SETTLEMENT: $10,750 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: IF NOT SETTLED Projected Legal FeeS: $ -0- Current Legal FeeS: $ 8,558 $ 15,~ Projected:Ju_r~j Verdict: $ 30,~ _ JUDGEMENT: $ Current Adjustment Fees: $ Current Legal Fees: $ CASE NARRATIVE: On January 3, 2000, plaintiff was playing in a shuffleboard tournament at the City shuffleboard courts at Madsen Center. Plaintiff alleges that she tripped over a rubber tubing which had separated from the wall of the court. Plaintiff suffered a fractured wrist. Plaintiff incurred medical expenses of approximately $5,000., and alleges a continuing physical deformity. Original demand at mediation was $30,000. Cj m/Claimgl/M urrayD04.doc VS. IN THE CIRCUIT COURT OF THE / )'"1"~ JUDICIAL CIRCUIT IN AND FOR ~t..~ ~.,¢~t _ COUNTY, FLORIDA CASE NUMBER: _C t- d/ ) ) ) ) Memorandum of Settlement THIS CAUSE, having been submitted to mediation before Brian Reeves, mediator, upon order of the above-styled court ,and/or stipulation between the' parties, it is hereby stipu- lated and agreed between the parties that settlement has been reached as follows: The defendant will pay the above sum within ~ days of'~l'ate. All claims (and any counterclaims) set forth in this action shall be dismissed, with prejudice. If either party defaults, the other may apply to the court to enforce this agreement. The parties will sign the standard releases required by the other. This is the full agreement of the parties. l~taintiff Plaintiff Defendant VIZI.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEA¢ AGENDA ITEM REQUEST FORrVl Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing . , Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. 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 03-018. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Schnars Business Center (ABAN 02-003) Jeffrey T. Schars, Schars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: .,~ N/A ALTERNATIVES: ~77'~.~,' N/A Develop~e6t De~arane~i-Dffector City Manager's Signatur~ Planning and Zoning~)ir~ctor City Attorney / Finance / Human Resources S:Wlanning~SHARED\WPWROJECTSXSchnars Business CtrXABAN 02-003XAgenda Item Request Schnars Bus. Ctr ABAN 02-003 2-18-03.dot S:~BULLETINWORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-019 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael W. Rump~'~ Planning and Zoning Director Maxime Ducoste-Am~d~e Planner Januaw 17,2003 Abandonment of a 20-foot wide alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton (ABAN 02-003). NATURE OF REQUEST The applicant and contract purchaser, Jeffrey T. Schnars, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8th Avenue and N.E. 9th Avenue. This request to abandon a public alley was submitted on November 11, 2002. This abandonment is for the following unimproved platted alley segment: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and Lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; South - An auto repair business (ND Auto Repair shop), zoned C-4; East A single-family neighborhood, zoned R-l-A; and West North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The properties located on the east and west sides of the alley segment to be abandoned are under a purchase request. North Page 2 Memorandum No. PZ 03-019 '~AN 02-003 contract by the applicant Jeffrey T. Schnars. The applicant has the intention of vacating the 20-foot alley to consolidate the property and facilitate the development of an office / retail project (see Exhibit "C"- Site Plan). Specifically this area will be used for the driveway for the proposed site plan. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light - Bell South - Florida Public Utilities Company Cable Company (Adelphia) - Cable Company (Comcast) - No objection Approval with conditions (see Exhibit "C") No objection Approval with conditions (see Exhibit "C") No objection No objection Approval with conditions (see Exhibit "C") N/A RECOMMENDATION Staff recommends that this request to abandon the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\Plannmg',SHARED\WP\PROJECTS\Sc~nars Business Center)~ABAN 02-O03~staff report,doc Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" R2 z PU .... NE 12TH TER R1A N S / LEGEND L.B. L[CENSE BURE4U P.B. PL4T BOOK PG. P~GE P.S.~. PROFESSIONAL SURVEYOR EXHIBI PROPOSEi ABANDON P.0-8. POINT OF BEGINNING P.B.C.m. PALM BEACH COUNTY RECOROS SO. Ff. SOU&RE FEET G~FHIC SCALE ,' ................ r__ N.C. 9TH AVEVUE REFEREhCE 8E~R~H6 I I / I I / 0 CURRENT R/W UNE PER FOOT I~/W 5,r C TI('H 9.)010-2501. SHEET 2 OF % O~IGIHAL LOT U~IE L~KE AO01flOll T0 rm9. ~L PC. tm. P.8.C.~. SOUTH L~NE hie 9TH AVENUE-1 & NORTH LINE BLOCK 4 P.O.B. hie CORNER LOT 21 21 EAST LINE LOT 21 EAST LINE LOT 22 22 EAST L¢IE~ LOT SE LOT 23 N89'48't33 (ALLEY VACATION) SKETCH OF DESCRIPTION S89'48'33'E NW CORNER LOT 20 x~ WES f t. II IE LOT 20 15' ALLEY rW F:>o8o [I. PO. Tm. P.B.C.R. E'<TENSIOH OF THE SOUTH LIrlE OF LOT 23 27 T liB. VlENT A POPNO[I OF FHAF CERTAIrI 20-FOOT ALi_Er L,qlO BETWEEN LOT 20 AtlO LOTS Zi THROUGH 23 iN BLOCK 4. LAKE P.B. ll. PG. Fi, P.B.C.R. CITe OF ¢JO~HfOtl ~.ACH. P&LM OE~CH COUNfr. FLORIO& NO. O2089L DAI'E SCALE ,': ~.0' FIELD BK. CHK. ~Y jPw DA TE REV/$,ONS EXHIBIT "D" Conditions of Approval Project name: Schnars Business Center File number: A_BAN 02-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. Per the proposed site plan the twenty (20) foot alley shall be replaced with a twenty (20) foot utility easement. 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Adclphia will move all facilities to the new easement contingent upon the X removal of FPL facilities. 4. Any and all costs resulting in the relocation or removal of Adelphia X facilities due to said abandonment will be borne by the customer and/or property owner and/or requesting party. 5. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning'~SHARED'~WF~°ROJECTS~Schnar$ Bu~ness Ctt~KBAN 02-003~COA.doc VIII.'PUBLI'C HEAR'rNG ZTEM C. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Meetimz Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 Date Final Form Must be Turned in to Cit3' Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 2l, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing ~ a Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Comaiission Agenda under Public Hearing, and under Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a unanimous vote, recolo~iiended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-022. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Schnars Business Center (LUAR 02-013) Jeffrey T. Schnars, Schnars Engineering Corporation Ruth R. Dolly 924 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed use (MX); and Request to rezone the subject property from C-4 Community Commercial and R-1-A single-Family Residential to Mixed Use-Low (MU-L) for an 8,754-square foot office- retail building on 0.52 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ~tur ALTERNATIVES'~ N/A Dev l~rrl~nt ~)~l~rr~ent Director e Planning anc~ Zonmg/Dfi'ector City Attorney / Finance / Human Resources s :LPlanning~SHARED\WP~PROJECTS~chnars Business Ctr~LUAR 02-013~Agenda [tern Request Schnars Bus. Ct LUAR 02-013 2 - 18-03.dot SSBULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: DEVELOPME~NT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-022 Chairman and Members Community Redevelopment Agency Board Hanna Matras, PlannerI''[(/E''' Michael W. Rumpf Director of Planning and Zoning January 21, 2003 PROJECT DESCRIPTION Schnars Business Center/Schnars Engineering Corporation Jeffrey T. Scl'mars Ruth R. Dolly 924 N. Federal Highway Land Use Amendment/Rezoning (LUAR 02-013) Vacant property consisting of two parcels: the 0.35 acre parcel classified General Commercial (G-C) and zoned General Commercial District (C- 4); and 0.17 acre parcel classified Mixed Use (MX) and zoned Single- Family Residential District (R-I-A) To reclassify the subject property from General Commercial (GC) to Mixed Use (MX), and rezone from General Commercial District (C-4) and R-1-A single-Family Residential to Mixed Use-Low (MU-L) Adjacent North: South: East: Land Uses and Zoning: Right-of-way N.E. 9ta Avenue, then the building of the Fraternal Order of the Eagle, classified General Commercial (GC) and zoned General Commercial District (04) and a parcel developed with a single-family home, classified Mixed Use (MX) and zoned Single-Family Residential District (R-I-A) Developed property (ND Auto Repair), classified General Commercial (CJC) and zoned General Commercial District (C-4) and a vacant parcel, classified Mixed Use (MX) and zoned Single-Family Residential District (R-1-A) Developed single-family home, classified Mixed Use (MX) and zoned Single-Family Residential District (R-l-A) Page 2 File Number: LUAR 02-013 Scl-mars Business Center West: Right-of-Way of Federal Highway, then developed various commercial properties (including auto-related) classified General Commercial (GC) and zoned General Commercial District (C-4) 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. The subject property contains +0.52 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 by the state 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 Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be pan of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. 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 applicant proposes to develop the property with a retail-office building. Moreover, given the residential density permitted under the proposed Mixed Use-Low designation (40 units per acre} and the size of the subject parcel, the potential number of units that could be developed is well under 50. 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 subject property is located within the Federal Highway Corridor. The use that the applicant proposes is permitted under Mixed Use-Low, a zoning district created as part of the implementation of the Federal Highway Corridor Community Redevelopment Plan, approved by the City Commission in May 15,2001. This plan was created as one of the redevelopment plans recommended by the Boynton Beach 20/20 Redevelopment Master Plan. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby Page 3 File Number: LUAR 02-013 Schnars Business Center 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, parcels fronting Federal Highway on both east and west sides are designated General Commercial (GC) and zoned General Commercial District (C-4), which is the city's most intensive commercial zoning district. The C4 zoning allows for some uses that are generally considered incompatible when contiguous to a residential community. There is an established single-family residential neighborhood to the east of the subject parcel. The said residential neighborhood is, however, designated Mixed Use. Hence, the requested amendment would not create an isolated or unrelated district, but, since commercial uses allowed under Mixed Use-Low zoning are less intensive than uses allowed under the C4 zoning, the proposed zoning will create a better transition to the residential neighborhood. The maximum height allowed for commercial developments in the MU-L district is 75 feet. The proposed project's three story building's height will be below the maximum 45 feet allowed under the current C-4 zoning and is a good example of the vision indicated in the corridor plan. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan has recommended the changes of zoning in Planning Area II, where the subject parcel is located, chiefly to create a desired appearance of a neighborhood which, being adjacent to the downtown core area, is a gateway to the city. The recommendations were also aimed at promoting the sense of neighborhood, by eliminating heavy commercial uses and those uses that are automobile-oriented. Any redevelopment activities in Planning Area II consistent with the above objectives would support increasing developers' interest in the downtown core area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Given the size of the parcel, the potential increase in water and sewer demands is insignificant. 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. The proposed project will generate about 34 additional trips per day as compared to that generated by a potential maximum intensity commercial development combined with one single-family home on the site. A traffic impact statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. 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 properties located to the north, south and west of the subject property, and would represent an increase in compatibility with the residential neighborhood adjacent to the site. On the other Page 4 File Number: LUAR 02-013 Scl-mars Business Center hand, commercial uses that could be placed on the property if it were redeveloped under the General Commercial designation could create incompatibilities. There are no indications that the proposed amendmentYrezoning would have negative impact on property values. f Whether the property is physically and economically developable under the e_,cisting zoning. Physically, the two parcels could be developed independently, one with a commercial building and the other with a single-family home. The marginal depth of the parcel fronting Federal Highway limits its potential for development consistent with the recommendations of the Federal Highway Corridor Community Redevelopment Plan as well as its potential for development that would be economically feasible. 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. 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 by promoting the desired type of uses and appearance. The amendment would eliminate undesirable heavy commercial uses and thus have a positive impact on the neighborhood. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are vacant commercial sites that would likely accommodate the proposed use. However, placing the use on the subject property has the benefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. 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; will further the corridor redevelopment plan and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C'. ATTACHMENTS IASHRDATA',Planning~HARED~WI~PROJECTS".S~na~I Busme~a Ct~LUAR 02-OI3~STAFF REPORT Sdmm.cloc Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" R2 PU NE VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOrctv Requested City Commission Meeting; Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 Date Final Form Must be Turned in to CiW Clerk's Office_ November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetin~ Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18, 2003 Date Final Form Must be Turned in to CiW Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing C~l Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report p~,-~ place this reauest on the February 18, 2003 City Commission Agenda under RECOMMENDATION: Public Hearing, and under Legal, Ordinance - First Rea'ding. The Community Redevelopment Agency Board with a 5 to 2 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-030. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Coastal Bay Colony (LUAR 02-014) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 S.E. 23ra Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac); and Request to rezone the subject property from C-2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (IPUD) for 65 fee-simple townhouse umts on 4.34 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: .~ N/A ALTERNATI~ ~ N/~ D eVe~p~en~ Department ISirector ' turec~ty Manager s S~gna Planning and Zoning/Director S:~PlanningXSHARED\WPLPROJECTS\C°astal Bay ColonyXLUAR 02-014XAgenda Item Request Coastal Bay Colony LUAR 02-014 2-18-03.dot S:~BULLETiN~FORMSX, AGENDA ITEM REQUEST FORM.DOC TO: FROM: TH ROUGH: DATE: DEVELOPMENT DEPARTMENT PLANNZNG & ZON~ZNG DZV~SZON MEMORANDUM NO. PZ 03-030 Chairman and Members C°mm~lty/~edevelopment Agency Board Dick H~ltl~, Senior Planner Michael W. Rumpf .~ Director of Planning and Zoning 3anuary 27, 2003 Project/Applicant: Agent: Owner: Location: PRO3ECT DESCRZPTZOFS Coastal Bay Colony/Southern Homes of Palm Beach, LLC Keith & Ballb~, Inc./Carlos Ballb~ Southern Homes of Palm Beach, LLC 2505 South Federal Highway (Wishing Well Motel and adjacent properties) (See Exhibit "A'~ File No: Land Use Amendment/Rezoning (LUAR 02-014) Property Description: Vacant and developed property consisting of +4.34 acres, classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial and C-3 Community Commercial. Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) at 20 du/ac, and rezone from C-2-Neighborhood Commercial and C-3-Community Commercial to IPUD-Infill Planned Unit Development to redevelop the property as a 65 unit fee simple townhouse community. Adjacent Land Uses and Zoning: North: To the northeast developed commercial property (Sunoco gas station) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial; to the northwest the right-of-way of SE 23rd Avenue (Golf Road), then developed property (residential and small offices) classified Local Retail Commercial (LRC) and zoned C- 2-Neighborhood Commercial. South: Developed commercial property (dental office) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial. Page 2 File Number: LUAR 02-014 Coastal Bay Colony East: West'- Right-of-way of Federal Highway then developed multi-family residential (Hampshire Gardens condominiums) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Multi-family Residential. Developed residential property (Los Mangos) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Multi-family Residential. MASTER PLAN ANALYSIS Under its present land use the property could be developed for the range of commercial uses permitted within 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 46 units. The developer is requesting a change of land use to the Special High .Density Residential classification to develop 65 fee-simple townhouses and accessory amenities. The 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 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 Plan included an amendment to the Land Development Regulations to create the ]:PUD zoning district. This 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. Staff has determined that the layout of the buildings, the variety of floor plans and elevations, the internal circulation and the allocation of parking are in a configuration that creates a pedestrian-friendly development that provide the feel of a neighborhood, rather than simply another townhouse development. PRO:IECT ANALYSZ~ The parcels, which are the subject of this land use amendment, total 4.34 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, ]:tern 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. Page 3 File Number: LUAR 02-014 Coastal Bay Colony a. Whether the proposed rezoning would be cons/stent with applicable comprehensive p/an 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 D/v/s/on and the City's risk manager. The planning department shall a/so recommend/imitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive p/an. The property under consideration is located west of Federal Highway, and therefore is not in the hurricane evacuation zone; however, it is staff's recommendation that the developer provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. Relevant policies from the Land Use Element of the Comprehensive Plan are: Policy 1.13.3: 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. Policy 1.19.7: The City shall continue to change theland use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. The 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 f~edera/Highway Corridor Community £edeve/opment P/an. The introduction to the regulations states: "Zt /s a basle pub/lc expectation that landowners requesting the use of the ZPUD d/strict will develop design standards that exceed the standards of the basic development standards/n terms of site design, building architecture and construct/on mater/a/s, amen/t/es and landscape design. The extent of variance or except/on to basic design standards, including but not//m/ted to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how we//the above stated p/anning expectations are expressed/n the proposed development p/an." As stated above under Plaster Plan Analysis, the site/master plan design standards exceed the basic development standards for residential zoning districts in terms of site design, building architecture, amenities and landscape design. b. Whether the proposed rezoning would be contrary to the established/and use pattern, or would create an isolated d/strict unrelated to adjacent and nearby Page 4 File Number: LUAR 02-0~_4 Coastal Bay Colony districts, or would constitute a grant of special priv#ege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the lands both to the east and west, which are developed with high-density residential uses. c. Whether changed or changing conditions make the proposed rezoning desirable. A number of changed and changing conditions make the proposed rezoning desirable. The Federal Highway Corridor Community Redevelopment P/an, adopted by the City Commission on May 1-5, 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 sty/es and types at intensities that w/Il ass/st/n supporting the downtown and genera/economic expansion." ]:n response to this strategy, the city adopted amendments to the land development regulations, adding the ]:nfill 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 1-0.8 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-1_6) 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. ]:n 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 w/th utility systems, roadways, and other public facilities. (1-) Staff has utilized the adopted concurrency level of service standards for water and wastewater and population multipliers by unit type to determine the impacts of the proposed project as compared to redevelopment of the site under its current zoning. Redevelopment as a commercial use containing 302,480 square feet (sq. ft.) of space (based on 40% lot coverage and 4 story maximum height) would have an average maximum water demand of 26,089 gallons per day and wastewater demand of 1-1,721 gallons per day. As for the proposed project, the average maximum water demand would be 27,820 gallons per day and the wastewater demand would be 1-2,51-9 gallons per day. Currently the City's unreserved water capacity (based on treatment plant and pumping capabilities is approximately ~_,500,000 gallons per day. For wastewater the unreserved capacity is approximately 1_,950,000 gallons per day. (2) ]:n preparing the traffic study, the applicant utilized a figure of 47,632 sq. ft. of commercial space (based on 25% coverage and one story--a lower estimate than the one staff utilized in Page $ File Number: LUAR 02-014 Coastal Bay Colony (2) In preparing the traffic study, the applicant utilized a figure of 47,632 sq. ft. of commercial space (based on 25% coverage and one story--a lower estimate than the one staff utilized in the water and sewer analysis) to show a projected daily trip generation of 4,210 average daily trips, compared to 45I daily trips under the proposed development. Since the project is expected to generate fewer than 500 trips per day, a traffic impact analysis following the Palm Beach Traffic Performance Standards Ordinance is not required. Information provided to the City has been forwarded to Palm Beach County's Traffic Engineers for their analysis and comments. (3) The Palm Beach County School District has reviewed the proposed project for school concurrency and states that adequate capacity exists to serve the project. The Concurrency Determination is valid for one year from the date of issuance. Once a development order is issued, the determination will be valid for the life of the project. (4) With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. (5) Lastly, drainage will be reviewed in detail as part of the site plan approval, 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 Item '~"above, the rezoning would relate to adjacent residential lands, both east and west of the subject property. Special design considerations are being proposed by the applicant to offset any potential impacts upon adjacent properties, and the end results will serve to enhance the property values of adjacent and nearby properties. Whether the property is physically and economically developable under the ex/sting zoning. Portions of the property are currently developed with single-family residences and with a motel. Presumably the vacant portions could be developed for commercial uses; however, the fact that no proposal for either development of the vacant portions or redevelopment of the remainder of the site have come forward, indicates that there is little demand for additional commercial development in this segment of the Federal Highway corridor. As noted under Item "a" above, the Comprehensive Plan recognizes this trend and encourages conversion of commercial lands to residential uses (Policy 1.19.7). Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a who/e. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum Page 6 File Number: LUAR 02-014 Coastal Bay Colony potential service needs generated by the proposed project. The proposed use of the site will be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired type of uses and appearance. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready a/lowed. There are no undeveloped properties in the Federal Highway Corridor that are designated for multi-family residential development. Elsewhere in the City, there are only two small parcels, that are vacant remnants of development that are designated for multi-family development. N L ]:ON RE MMENDATZ N As indicated herein, this request is consistent with the intent of the Comprehensive Plan;-will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS ..i:\SHRDATA\iManningLSHARED\WP\PRO.1ECTS\Coastal Bay COk:)ny\LUAR 02-014~TAFF REPORT LUAR.C~:: Location Map COASTAL BAY COLONY EXHIBIT "A" R3 REC" N Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 IX. - CTTY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City comrmssion Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code Compliance/Legal Settlements [] Legal [] New Business [] Presentation [] Public Hearing [] Unfinished Business RECOMMENDATION: Allow presentation of report. EXPLANATION: The City Commission requested that the Special Events division meet with and survey participants in the 2002 holiday parade to gain their feedback on the various components of the parade and report back the results. PROGRAM IMPACT: Will help with planning the 2003 parade. FISCAL IMPACT: None ALTERNATIVES: Not allow presentation of the report. <~ Deparhfient"'H~j~'s signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLET1N~ORMSL~GENDA ITEM REQUEST FORM.DOC TX. - C'rTY HANAGER'S REPORT TTEH A Results of 2002 Holiday Parade Participant, Non-Participant and Business Surveys Submitted to the City Commission on February 18, 2003 By Wayne M. Segal Director of Public Affairs TABLE OF CONTENTS Executive Summary ..................................................................................... 3 Introduction ................................................................................................. 4 Method ......................................................................................................... 4 Findings/Results ........................................................................................... 5 Results Summary .......................................................................................... 6 Discussion .................................................................................................... 7 Business Reaction ........................................................................................ 9 Non-Participant Survey ................................................................................ 10 Exhibit A: Evaluation Form ......................................................................... 12 Exhibit B: Invitation Letter .......................................................................... 15 EXECUTIVE SUMMARY Overall, the participants and businesses that responded to our surveys and interviews were satisfied with the Congress Avenue route. Participants cited the ease of ingress and egress at the Motorola property as a staging area and the availability of parking for themselves and spectators along the line of march. There was some discussion on the time the parade stepped off; however, participants did understand how the time was set. Issues seemed confined to the staging area and traffic and not to the parade route. Now that staff has had the experience of producing the parade on Congress, it can work on solutions to these problems. The majority of businesses surveyed either met or exceeded their sales projections and many support having it on Congress again. Only one of the groups surveyed that did not participate in the parade mentioned the change of venue as their reason for not participating. Staff recommends holding the 2003 Holiday Parade on Congress Avenue. Ingress and egress at the Motorola site is easier and more convenient for participants than the Federal Highway location and affords better space for lining up the parade. Residents are not inconvenienced by having the parade line up on a City street. · Congress Avenue provides three lanes while Federal Highway has only two lanes, enabling more space for both participants and spectators. · There is plentiful and convenient parking all along Congress Avenue. · The location, day and time are compatible with the Strategic Plan for Special Events, adopted by the Commission in November, which brings a business focus to special events. · Most businesses surveyed along the route met or exceeded sales projections for the day, which means increased sales tax revenue in a soft economy. · From a risk management point of view, Congress Avenue is safer than Federal Highway. · None of the participants surveyed suggested returning to Federal Highway. Introduction Following the 2002 annual Holiday Parade, which took place for the first time on Congress Avenue on December 7, 2002, members of the City Commission requested that the Special Events unit provide the Commission with a cost analysis of the parade for the previous four years. The results of the analysis, which were presented to the Commission on January 7, 2003, found that the costs associated with producing the event on Congress Avenue were not substantially higher than producing the parade on Federal Highway. Because of improved cost accounting methods, we were able to determine that the increase came from the number of police that were required to control traffic around the Congress Avenue site. Commission members then asked the Special Events unit to obtain feedback from parade participants regarding their parade experience. Method We began by researching methods other parade organizers had used to elicit feedback from participants in order to develop our own survey instrument. Wayne Segal, Public Affairs director, contacted Eleanor Krusell, executive director of the Florida Festivals and Events Association, for assistance. FFEA is a trade alliance composed of public and private special event organizers of which the City of Boynton Beach is a member. Ms. Krusell directed Mr. Segal to Darrell Steffany, whose company, EventMakers, produces Tampa's annual Gasparilla parade, which attracts some 400,000 spectators. Mr. Steffany said that his company does not do a participant survey. Staff also did a search of the Internet and found sample surveys from a parade produced by the New England Association of Fire Chiefs and the Sedona, Arizona, St. Patrick's Day Parade, which, coincidentally, like the Boynton Beach Holiday Parade, is in its 32nd year. Using elements of both surveys and tailoring them to our needs, staff designed an instrument unique to Boynton Beach (Exhibit A). Staff then sent 38 letters of invitation (Exhibit B) to parade participants inviting them to a meeting on February 3, 2003. We followed-up the initial invitation with a reminder note of the meeting and a copy of the survey questionnaire (Exhibit C), which we asked the invitees to fill out prior to the meeting, or to return to us if they were unable to attend. Staff then called each of the invitees. Despite these efforts, attendance at the meeting was sparse. We expected 28 people, but only seven came. They represented the Boynton Beach High School Multi-Cultural Club and Sigma Gamma Rho Sorority. Although the turnout was small, it did afford the opportunity for some excellent in-depth feedback. Following the meeting, staff contacted those who had indicated that they were coming to the meeting but did not, those who indicated that they were unable to come, and those from whom we received no response at all in an attempt to complete the survey with them over the telephone, or at least elicit some kind of feedback. 4 Staff also attempted to contact by telephone those groups that had been invited to participate in the parade but did not in order to discover the reasons why they did not. To gain additional perspective, Wayne Segal met with several of the owners and managers of businesses along the Congress Avenue corridor and attempted to make contact with several more. Findings/Results A total of 10 survey forms were returned. One of the 10 respondents did not use the survey's numerical scale in evaluating his parade experience. The Multi-Cultural Club did not hand in a survey. However, comments from both the survey without numerical scores and comments from the Multi-Cultural Club are incorporated in the Discussion portion in this report. Of the group of 10, four were walking units, three were vehicles, one was a music group with vehicle, one was a band, and one was a float. Two of the respondents were for-profit businesses, who were also event sponsors. The remainder were not-for-profit community and service groups. A summary of the numeric portion of the survey follows. Discussion Overall, the respondents rated their parade experience as "3, neutral," neither poor nor excellent. This can be interpreted in several different ways; however, it is illuminating to read the respondents' comments. They ranged from "You did a fine job" to "Good" to comments on the staging area, length of the route and pace of the march. The respondents seemed generally pleased with the parade entry notification, quality of communication between them and the parade committee, and the appropriateness of the parade fees. For most of them, parade fees were not applicable because they were either a not-for-profit organization or the fee was waived as a benefit of their sponsorship package. This was the first time that a fee was charged for commercial entries in order to defray some of the costs of the parade. The fees varied by the type of entry. Some communities that charge entry fees have different rates to businesses that are based in and out of their boundaries. The overall ratings of the staging area and the parade route were "3, neutral" and "4, good," respectively. With regard to the staging area, comments ranged from "Excellent" to "Too many chiefs telling you where to line up." Those attending the February 3 meeting agreed that there needed to be better organization in the staging area. However, they further commented that ingress and egress at the Motorola site was easier and more convenient than at the Federal Highway location. While some problems of organization can be ascribed to adjusting to a new staging area, in retrospect, the problems probably could have been eliminated almost entirely by an on-site, pre-parade orientation for the staging crew. Several respondents commented that the parade route was too short. In terms of physical length, the Congress Avenue route was only one-tenth of a mile shorter than the Federal Highway route. Attendees at the February 3 meeting made several suggestions for extending the Congress Avenue route. These included stepping off from Boynton Beach High School and marching west on Gateway Boulevard to Congress, leaving the Motorola site through the Gateway entrance and turning on to Congress rather than the entrance directly on to Congress, and marching beyond the last mall entrance to Old Boynton Road. No one suggested returning to Federal Highway. That the parade seemed "short" in terms of the units marching in the parade is a matter of perception. In doing our parade summary for the Commission, we found that there were 10 fewer units in 2002 than in 2001; however, we did not have data on the actual number of people in each unit prior to 2002, so the total of people could have been more or less. What is important to note is that Congress Avenue provides three lanes while Federal Highway has only two lanes. The marchers spread over Congress' three lanes so that a unit comprised of the same number of people would appear to be "shorter" on Congress than on Federal because the people were more spread out. Attendees at the February 3 meeting quickly realized this during our discussion with them. There were also some comments with regard to the pace of the parade; that at times it moved too quickly. This situation can be corrected with the addition of parade marshals along the route to maintain the pace. The average response to both the time and day of the parade was "3, neutral." Of those who wrote comments, one suggested a Friday night; another suggested Sunday morning, pointing out that the mall doesn't open until 11:00 A.M.; a third suggestion was "evening." Previous experience has shown that a nighttime parade is impractical since most participants don't have the ability to illuminate their groups and the City does not have the means to light the entire route, so that spectators would be unable to see those in the parade. On a Sunday morning, not only would we come up against people attending religious services but also during December the mall opens earlier than its usual 11:00 A.M. The opinions on time seemed to be more driven by the convenience of adults rather than by concern for children who are up on weekdays at an early hour for school. The amval times at the staging area were staggered between 7:00 A.M. and 8:15 A.M., so that not everyone was required to be on hand at the beginning of the lineup process. Members of the Multi-Cultural Club, who were mainly juniors and seniors at the Boynton Beach High School, had no problem with amving in advance of the 9:00 A.M. step off. Although she had advocated a later step off time, the one adult at the February 3 meeting said she understood the reasons behind the 9:00 A.M. starting time and conceded that it did leave her the rest of the day to go about her business. The starting time was arrived at in conjunction with officials at the Boynton Beach Mall, who believed that 9:00 A.M. would be the least disruptive to businesses and traffic. The day and time - and location - were determined prior to the Special Events unit moving from the Recreation Department to the Public Affairs Office. However, all three elements were compatible with the office's Strategic Plan for Special Events, adopted by the Commission in November, to bring a business focus to special events, including the parade. (See Business Reaction) The parade award categories also averaged a "3, neutral." Some seemed to be unaware that there were award categories, which indicates that we need to do a better job of communicating them to participants. However, awards seemed secondary to being a part of the parade itself. The response of two of the survey participants with regard to the friendliness, helpfulness and information given by volunteers and staff is troublesome since it is the exact opposite of every other respondent's experience, which rated staff and volunteers as either good or excellent. From the two respondents' comments, it appears, however, that their poor experience was due to the volunteer's or staff member's lack of information and not their attitude or personality. This will take further investigation to determine the problem behind the rating. Although respondents rated the shuttle bus service "3, neutral," we did learn that we needed to do a better job of communicating the availability of the bus to take parade participants back to the starting point before the start of the parade after they had parked their vehicles at the end of the route. We also learned that we needed to make the bus available at the end of the parade. In general, respondents liked the Congress Avenue location. They appreciated the easy ingress and egress at the Motorola site and the plentiful and convenient parking all along the route. Most understood the reason for the 9:00 A.M. start time and had no major problems with it. They were glad to have the rest of the day free to pursue other activities. Most of the problems that were encountered were a result of the inherent difficulties in adjusting to a new location and a lack of good communication in some areas. The public, who turned out in large numbers to see the parade, saw none of the problems. We now have the experience and the ability to correct last year's shortcomings when the parade is conducted on Congress Avenue this year. Business Reaction The Strategic Plan for Special Events has as its business focus economic development, and in this light the parade served its purpose. In order for an event to be successful, it must have appeal and places for people to go when it's over, if it is to fulfill its role in creating economic opportunity. Before and after the event, many of the estimated 3-5,000 spectators dined and shopped along the Congress Avenue corridor. In order to get a true picture of the benefit to the City, it would be necessary to do an economic impact study. In the absence of a scientific study, Wayne Segal, the City's Public Affairs director, made personal visits or telephone calls to business owners and managers along the corridor to solicit their feedback. Most of the people he spoke with echoed the sentiment of Macy's Vice President Mary Dawson who said that she had no negatives. She said that they were able to notify their consultants, or sales associates, so that no one was late for work and that they used the opportunity to hand out flyers, which was one of the intended outcomes. She continued that while sales were curtailed during the time of the parade, they did rebound to normal levels after the event and met their expectations. An assistant store manager at Burdines said essentially the same thing as Ms. Dawson with regard to store sales. She did mention road traffic as a problem, but because she lives in a city in Broward County where the community does essentially the same type of event, she understood the situation. The manager of JC Penney's had a different perspective. He said sales that day did not meet projections and blamed it on the disruption caused by the parade. One reason for this could be the demographic of the Penney's shopper, which tends to be older than either Macy's or Burdines. However, the manager did say that he would be happy to hang posters or distribute flyers next year. 9 The managers of Sears and Dillards were not available and calls to the mall office were not returned. Further along Congress, at Barnes & Noble, Sports Authority and Bed, Bath & Beyond, sales were slow to start and then, in the words of the regional manager for Bed, Bath & Beyond, "We got slammed." All three businesses were pleased with their sales following the parade. Barnes & Noble provided an hourly breakdown of sales for that day, from opening time to early afternoon and a same hour comparison with the previous two weeks' sales, which showed that the parade did indeed bring additional customers into the store. The community relations director at Barnes & Noble said they wished that the parade had come further down Congress; it stopped just short of the center in which the three businesses are located. At the Catalina Center, a new small business owner said that the parade coincided with her grand opening day. She used the opportunity to distribute flyers and believes that some customers discovered her shop that might otherwise not have found it. There were issues with traffic both before and after the parade. As with the staging area and the parade route, we learned many valuable lessons with regard to traffic that we will be able to implement this year. At no time was ingress or egress blocked to the Catalina Center, the mall, or the outparcels fronting Congress at the Mall. Catalina was accessible at Gateway and the mall and the outparcels through Old Boynton Road. Mall officials agreed not to barricade the mall entrances on Congress at the Ring Road in order to maintain access to the outparcels. We now have a better idea of where to deploy officers and where the glitch was that kept Congress closed longer than it should have been. Non-Participant Survey In addition to surveying the people and the groups that actually participated in the parade, we attempted to ask those people and groups that were invited to participate but did not their reasons for doing so. Using elements of the survey instrument as a guide, staff was only able to successfully complete 8 contacts out of 37 calls made. Two of the telephone lines were disconnected; one was a fax line. Messages were left at four different organizations. Four others were "not available." The remainder either did not answer or have answering machines on which to leave a message. One respondent stated that her organization wanted to participate, but that because some of the participants would be small children, they were afraid of busy traffic on Congress Avenue. From a risk management point of view, Congress Avenue actually proved to be safer than the Federal Highway route. We closed off the entire avenue and were able to reserve the southbound lanes for emergency vehicles. According to the City's Risk Manager, Chuck Magazine, no claims arose from Congress Avenue whereas in 2001 there was a claim from Federal Highway. 10 Other masons for not participating included "Not organized; .... Too much already going on at this time of year;" and "Burnt out." This last respondent continued that his organization would have participated in Delray's parade, if they had participated at all, because their organization is based in that city. For one not-for-profit organization, them was some confusion about the entry fees and they received our clarification too late to get a group together. Another group was involved in parades being held elsewhere; a second held no classes last year, so had no one to participate; and a commercial business said that it could not afford the entry fee. With the exception of one group, no one mentioned Congress Avenue as a reason for not participating. 11 EXHIBIT A 2002 Holiday Parade Participants Evaluation Form 32nd Annual Boynton Beach Holiday Parade "Holidays of Tropical Magic" Presented by the City of Boynton Beach and the Sun-Sentinel To improve next year's parade, please complete the following form and bring to the evaluation meeting on Monday, February 3, 2003 at 8 pm at the Civic Center or mail to: City of Boynton Beach 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach, FL 33425-0310 Attn: Teresa Zabik, Events Coordinator Name of Organization: Contact Person: Address: City: E-Mail: State:__ Zip: Phone: Fax.' Parade Category: (Please check all that applied to your entry) __ Float Music Group Marching Band Vehicle Walking Unit Dance Team Color Guard Other 12 EXHIBIT A If other, please explain: Please rate the items below using the following scale. 1 Poor 2 Satisfactory 3 Neutral How would you rate the following: 1. The parade entry notification? Additional Comments 4 Good 5 Excellent The quality of phone/letter communication between you and the parade committee? Additional Comments Appropriateness of the parade fee? Additional Comments o The organization of the staging area? Additional Comments Se The parade route? Additional Comments e The time of the parade? Additional Comments e The day of the week of the parade? Additional Comments 13 EXHIBIT A The parade award categories? Additional Comments 9. The parade volunteers and staff on friendliness, helpfulness and information? Additional Comments 10. The convenience of the shuttle service used for the parade participants? Additional Comments 11. Your overall parade experience? Additional Comments 12. Would you be interested in being contacted for planning next year's Holiday Parade? Yes No For additional information or questions, please call Teresa Zabik at 561-742-6222. Thank you for your time and participation in the 32nd Annual Boynton Beach Holiday Parade "Holidays of Tropical Magic" 14 EXHIBIT B The City o£Boynton Beach Stnecid Events 100 E. Boy, toN Beach Boulevard P.O. Box310 Boston Beach, FIo~da 33425-0310 561- Z42-6222 F~' 561-742-6249 E-mail: zabik t¢~d. boyn ton-~acb.~, us January 9, 2003 Dear Thank you for being a part of the City's recent holiday parade. We hope that it was an enjoyable and rewarding experience. Your participation in this first-ever parade on Congress Avenue makes you a valuable resource with important information that can help to make next year's event even better. Be our guests on Monday, February 3, 2003, 8:00 P.M., at the Boynton Beach Civic Center, 128 E. Ocean Avenue, and share your impressions with us over light refreshments. We will appreciate feedback from your group on such topics as the date and time of the event, line-up and location. Please call (561) 742-6222 to let us know if you can come. We look forward to seeing you on the 3rd. With your involvement, we look forward to continuing to provide events of quality and interest to the community. Sincerely, Teresa A. Zabik Events Coordinator City of Boynton Beach America's Gateway to the Gulfstream 15 Requested City Commission Meeting Date~ [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 iX.-CYIN REPORT CITY OF BOYNTON BEAC! ITElel B. AGENDA ITEM REQUEST FO[ _ Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Appointment of Taskforce on Adaptive Re-Use of Old High School EXPLANATION: The CRA recommended that the City proceed with an ad-hoc task force to guide the analysis and discussion of possible adaptive reuse of the old high school building. The CRA Director has recommended representation of the taskforce as follows: CRA -- Don Fenton, Henderson Tillman and Doug Hutchinson Museum and Cultural Board - Taryn Wheat Arlene Denmson Parks and Recreation Board - William Orlove City Commissioner -- (to be determined by the City Commission) The scope of the taskforce is to guide the work of the consultants and facilitate public discussion of the pros and cons of adaptive re-use of the building. The goal is to have a recommendation to the CRA and the City Commission by December 2003. PROGRAM IMPACT: This project was placed on the City's work agenda by the City Commission's acceptance of the CRA's original recommendation to the Commission. FISCAL IMPACT: ALTERNATIVES: Estimated cost $50,000 funds are available in the CIP Budget. Do not authorize the taskforce, leave the building as is or authorize demolition. Department Head's Signature C~it~ Manager's Signature Department Name S :~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources Memo To: From: Date: Subject: Kurt Bressner- City Manager Doug Hutchinson - CRA Director 1/21/03 Old High School Adaptive Re-Use Taskforce The City Commission approved the CPA's three-part direction for the adaptive reuse of the Old High School. Specifically, the CPA asked for the establishment a Task Force charged with developing the final design, use allocation, and funding strategies to move the efforts forward. If you recall, the Commission passed a Task Force comprised of nine members. The CPA's suggestions were for representation as follows: Three from the CPA (Don Fenton, Henderson Tillman and the CPA Director) two from the Museum/Cultural Board (Arlene Dennison has these names), William Orlove from Parks & Recreation Board, one City Commissioner, and Norman Scofield from the arts community. City staff will be involved as needed or as they see the opportunity as support to the effort. These persons might include the following interested parties: D ale S ugerman, Virginia Shea, Arlene Dennison, Ginny Shea, Wally Majors, Quintus Green, etc. Note also that the Heritage Society is already represented on the Museum Board and therefore does not have an additional place on the Task Force. Please let me know the next steps to get this group appointed or whatever?, so that work can start as soon as possible. Thank you for your time and consideration. XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to Cit3' Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code Compliance/Legal Settlements [] Legal [] New Business ': [] Presentation Public Hearing [] Unfinished Business Review staff report on inventory of City equipment (Item XI.A) EXPLANATION: Per discussion at the pre-agenda meeting of February 13, 2003, staff was requested to provide information on the current administrative procedures in place for the inventory and maintenance of City equipment (capital/fixed assets). The stated value of this equipment as of September 30, 2002 was $15,696.786. Please find attached a report from Finance Director, Diane Reese detailing the procedure that the City staff follows. The procedures the City follows is in accordance with state guidelines. Please note that the actual inventory of capital/fixed assets is over !,000 pages and was not copied for the agenda packet. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: This is an information request. Department Head's Signature ~r '-City Manager"~Signature Department Name City Attorney / Finance / Human Resources S:XBULLETINXF~RMSkAGENDA ITEM REQUEST FORM.DOC City of Boynton Beach Financial Services Memorandum TO: FROM: DATE: SUBJECT: Kurt Bressner, City Manager Diane Reese, Director of Financial Services February 14, 2003 Inventory of City Property Attached to this memo are the following: · Policy relative to receiving, disposal and inventory of capital assets of the City. · Notebook with copies of the 2002 inventory sheets that went to each department. As stated in our policy current State guidelines state that any single item purchase of equipment that exceeds $750. must be recorded as a fixed asset. Any items purchased that are under the $750. threshold are not recorded and there is no inventory taken of those items. The total of the City's fixed assets for equipment at 9-30-02 was $15,696,786. A breakdown by department is listed on pages 91 and 92 of the Annual Financial Report. In addition to inventory of equipment the City also maintains two (2) Warehouses that supply departments with various parts, supplies and small equipment/tools. · Warehouse 1 is located within the Public Works Complex and has an inventory of goods valued at $532,782. · Warehouse 2 is located at the East Water Treatment Plant and was opened in January 2002. This Warehouse was created so we could maintain better accountability of commodities used by our Utility Department. The types of commodities kept in this Warehouse are pipes, meters, manhole covers, pipe connectors, etc. The total value of inventory in this Warehouse is $237,458 During the year the dollar value of goods processed through the two (2) Warehouses exceeded $3 million. With this volume of inventory being processed Warehouse Manager, Dominic DeMauro and his staff do an excellent job in inventory control and accountability. For the year ended 9-30-02 the net loss that had to be recorded was $1,637. Considering the total inventory value and the amount of inventory processed this is an exceptional achievement. City of Boynton Beach Policy relative to Inventory of Capital Assets A Capital Asset of the City is any single item purchase that exceeds $750.00. Procedure for receiving a capital asset · All capital assets are to be received by Warehouse personnel. · Warehouse personnel checks delivery against PO request. · Warehouse personnel assign City of BB Fixed Asset Tag to asset. · Warehouse personnel submit information on capital asset to Finance where the information is entered into the frxed asset tracking system. · Warehouse delivers capital asset to departments. Procedure for disposal of capital asset. · Department completes disposal form and submits to Warehouse & Finance. · Warehouse personnel pick up items and store at the Warehouse. · Items that are sellable are sent to the Palm Beach County Thrift Store for them to sell. The City receives 75% of price the item sells for. · Items which are determined to be non sellable are disposed of by Warehouse personnel. · Finance staff notes date item was disposed of in the fixed asset tracking system. Procedure for inventory of capital assets. · Annually a hsting of all capital assets are sent to the respective departments to verify asset is still located within their department's jurisdiction. · Department conducts a physical inventory. · Department notes any changes that need to be made to the list, signs and dates the list and returns the list to the Finance Dept. · Finance staff reviews the list and makes the necessary corrections to the fLxed asset tracking system. City of Boynton Beach, Florida Schedule of General Fixed Assets--By Function and Activity September 30, 2002 General government Legislative: City commission Executive: City manager Public affairs City clerk Finance administration: Finance Citizen services Information technology services Geographic information services Purchasing Human Resources Professional development Community improvement Law: City attorney Planning and zoning: City planner Other general government: Facilities management City Hall Risk management Communications Pensions Warehouse City Hall at the Mall Total general government Land Buildings and Improvements Equipment Total - $ 20,570 649,827 25,536 5,724 55,844 3,488 27,376 8,112 4,419 310,422 6,612,060 2,688 908,955 5,800 2,855 18,616 981 73,307 49,523 15,802 2,297,538 92,562 16,913 82,180 8,002 44,358 17,671 209,886 90,684 1,432,226 63,178 2,431,954 51,617 47,609 2,855 44,152 981 73,307 49,523 15,802 2,303,262 92,562 16,913 138,024 11,490 92,304 25,783 214,305 401,106 8,694,113 65,866 3,340,909 51,617 47,609 5,800 670,397 7,970,424 7,047,462 15,688,283 Continued on next page. 91 City of Boynton Beach, Florida Schedule of General Fixed Assets--By Function and Activity (continued) September 30, 2002 Buildings and Land Improvements Equipment Total Public safety Police Fire Protective inspection and permits Occupational licenses Codes enforcement Animal control Facilities Total public safety 92,209 2,041,757 $ 2,593,920 $ 4,635,677 2,034,628 1,242,859 3,277,487 1,466,720 230,234 1,696,954 2,198 14,271 16,469 6,945 46,449 53,394 6,010 5,253 11,263 1,227,775 1,711 1,321,695 92,209 6,786,033 4,134,697 11,012,939 Public works Administration Parking garage Streets Total public works 1,762,771 22,064 1,784,835 684,821 684,821 7,203,724 206,114 7,409,838 9,651,316 228,178 9,879,494 Culture and recreation Library Day care center Recreation Parks Total culture and recreation Total general fixed assets 3,281,628 2,812,633 6,094,261 150,072 150,072 8,315,756 742,589 9,058,345 2,437,588 5,291,762 731,227 8,460,577 2,437,588 17,039,218 4,286,449 23,763,255 $ 3,200,194 $ 41,446,991 $ 15,696,786 $ 60,343,971 92 XII. - LEGAL ITEM A. 1 CITY OF BOYNTON BE AGENDA ITEM REQUEST Requested City Comrrassion Meeting) Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in t9 City Clerk's O~ce November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Corr~nission Meetin~ Dates February 4, 2003 .~ February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Cl~'k's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an Ordinance to facilitate the sale of surplus real property. EXPLANATION: The City owns real proper~y through the City. Current Code provisiom require that surplus real property be appraised, and sold only through a competitive bid process. In some cases the property is of such size and configuration that the property is best suited for inclusion m an adjacent development, either for use as a buffer, or for expansion of the adjacent development. The proposed Ordinance would facilitate the sale of surplus real property m such cases. PROGRAM IMPACT: None FISCAL IMPACT: Possible reduction in sale price of surplus real property. ALTERNATIVES: Maintain the currem policy which requires competitive bidding on all surplus real property. Department Head's Signature City Manager's Signature City Attorney Department Name City Attor~ / Finance / Human Resources S:~BULLETINWORMS'~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- 030, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE IV, SECTION 2-56 PROVIDING FOR AMENDMENT TO PROCEDURES FOR THE SALE OF SURPLUS CITY OWNED REAL PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2-56 to provide for an alternative procedure for the sale of surplus City owned real property when the property is contiguous to developed property and the sale would facilitate the construction of buffers to or extensions of the business or other use existing on the adjacent property; and WHEREAS, the City Commission has determined that the current procedure requiring competitive bidding for surplus property serves no public purpose when the surplus property is of such size and configuration that its highest and best use would be to assemble the City owned property with adjacent developed property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. Chapter 2. "Administration" is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. The City Commission shall appoint an officer or employee of the city, other than a member of the City Commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the City Commission and shall conform to such regulations as the City Commission may fi.om time to time prescribe. Personal Property, Commodities and Services Except as provided in section 2-56.1 all purchases or sales of personal property, commodities and services involving amounts in excess of twenty-five thousand dollars ($25,000.00), or S:\CA\Ordinances~4dministratJve\Sec 2-56.doc construction involving mounts of seventy-five thousand ($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the commission may direct. The city commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. Real Property With regard to the sale of any real estate owned by the city, regardless of the estimated value thereof, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of 4/5 of the City Commission. After such appraisal shall have been completed and a fair market value determined, the property may be sold: 1. To the owner of adjacent developed property if the City property is to be used by the adiacent property owner as: A. buffer or B. for an extension of the use to which the adjacent property owner is using the adjacent property at the time of sale; or 2. To the highest bidder following a completive bidding process as established by the City administration. Section 2. Each and every other provision of Chapter 2 of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this 4 day of ~'~.~-ua,.f-)t , 2003. S: \CA\Ordinances~:lministrative\Sec 2-56.doc SECOND, FINAL READING AND PASSAGE this day of__ ,2003. s CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk (CORPORATE SEAL) Commissioner Commissioner S:\CA\OrdinancesV~dministratJve\Sec 2-56.doc Xll. - LEGAL ITEt4 A.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOt v, Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon)3 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved this request under First Reading on February 4, 2003, subject to staff conditious including the dedication of an easement under Public Hearing on January 21, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-008. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Daise Temple Church of God in Christ (ABAN 02-004) City of Boynton Beach NE 3ra Street, South of NE 12ta Avenue Request for fight-of-way abandonment of a 90-foot segment of NE 3~ Street, south of NE 12"' Avenue. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ^~'JT] N/A Developtxtdl l~epaxh~t Director [qa~nin~ and'ZonmbfflS~ector City~l~/lanager's Signature City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS~Daise Temple (Church of God) Aban~Agenda Item Request Daise Temple Church of God in Christ ABAN 02-004 2n reading 2-184)3.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03 - 00'~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 40 FOOT WIDE RIGHT-OF-WAY LOCATED ON NE 3m) STREET, BEING MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO THE CONDITIONS OF APPROVAL ATTACHED AS EXHIBIT "C"; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, upon recommendation of staff, is requesting the abandonment of an unimproved 40 foot wide right-of-way, located on N.E. 3ra Street, subject to the Conditions of Approval attached hereto as Exhibit "C"; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby abandon an unimproved 40 foot wide right-of-way, located on N.E. 3rd Street, south of N.E. 12th Avenue, more particularly described in Exhibit" A", attached hereto, and further set out in a sketch of the proposed abandonment attached as Exhibit B, and subject to Conditions of Approval attached as Exhibit "C". Section 2. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READING this t.[ day of February, 2003 S:\CA\Ordinances~Abandonrnents~,,Daise Temple - COBB Abandonment 012303.doc SECOND, FINAL READING AND PASSAGE THIS day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Ordinances'~bandonments'~)aise Temple - COBB Abandonment 012303.doc EXHIBIT "A" All that part of the existing road right-of-way for NE 3rd Street, lying south of NE 12th Avenue and running south for 90 feet, as shown on the Plat of Happy Home Heights as recorded in Plat Book 11, Page 30, of the Public Records of Palm Beach County, Florida. PROPOSED ABANDONM[ LOT 1, BLOCK 9 HAPPY HOIVI~ HI, Gl-ITS PLAT BOOK 11, PAG]~ 30 o · i LOT 1, BLOCK 1 ~$ & ANDES PLAT BOOK f, PAGE 84 LOT I, BLOCI~ "A" MI=~KS & ANDREWS PLAT BOOK 5, PAGE 84 EXHIBIT "C" Conditions of Approva! Project name: Dai~ Temple File number:. ABAN 02=004 Reference: N/A DEPARTMENTS INCLUDE RJ~JECT PUBLIC WORK~ General Commenm: None X PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. An ingress, egress, drainage and utility easement encompassing the entire X N.E. 3an Street right=of-way shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording of the abandonment, 2. No canopy trees shall be allowed to be planted within the easement. All X plantings shall be r~ewed and approved by the City of Boynton Beach prior to placement. 3. No building structures ab. all be allowed to be constructed on any pomon x of the easement. Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILD~G DMSION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE R.EJECT Comments: None X FORESTER/E~O~NTALIST Comments: None X PLANNING AND ZONING Comments: X 4. To ensure the intended use of the abandoned right-of-way for an ingress, egress, drainage and utility easement, the plat shall be mended accordin l},. ADDITIONAL COM3IUINITY REDEVELOPME~ AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. $:~Ianning~HARED\WI:~PROJECT$\Daise Temple (Church ofGod) Aban\COA 2002.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon three street rights-of-way, as more particularly described herein as Exhibit "A'. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of February, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA COUNTY OFPALM BEACH ) )SSi ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of February, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:~CA~Ordinances~Aban~ionments~Daise Teml:}te - COB8 Abandonment 012303.doc EXHIBIT "A" All that part of the existing road right-of-way for NE 3~d Street, lying south of NE 12~h Avenue and running south for 90 feet, as shown on the Plat of Happy Home Heights as recorded in Plat Book 11, Page 30, of the Public Records of Palm Beach County, Florida. DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM NO. PZ 03-008 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael W Rumpf Planning and Zoning Director Maxime Ducoste-Am~d~e Planner January 6, 2003 N.E. 3"u Street Right-of-Way Abandonment (ABAN 02-004) NATURE OF REQUEST The City of Boynton Beach is requesting abandonment of an unimproved 40-foot wide right-of-way located on N.E. 3'd Street. This abandonment is for the following unimproved street segment: That part of N.E. 3~ Street lying between blocks 9 and 10 of Happy Home Heights, according to the plat thereof as recorded in Plat Book 11, Page 30 of the Public Records of Palm Beach County, Flodda. The location map attached as Exhibit "A shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the church property and includes a detailed location of the right-of-way to be abandoned and its legal description. The entire right-.of-way of N.E. 3~ Street (between blocks 9 and 10 of Happy Home Heights) as shown on the survey will be converted to an easement for ingress, egress, drainage and utility purposes. The City will abandon the lot to the adjacent property owners. In this case, Daise Temple Church of God in Chdst owns both lots on either side. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North East South West Single family dwelling units, zoned R-2. Vacant lot used for church parking, ~nned R-2 Single-family dwelling units, zoned R-2. Church, zoned R-2. BACKGROUND In December of 1924, the Plat of Happy Homes Heights was approved including a 40-foot wide right-of-way known as First Street (currently known as NE 3rd Street) and dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The street is currently unimproved. Palm Beach County records indicate that the church acquired the adjacent property in 1983. A previous request to abandon N.E. 3"~ Street right-of-way was submitted by Daise Temple Church of God in Chdst on June 16, 2000. The properties located on the east and west sides of the street segment to be abandoned are owned by Daise Temple Church of God in Christ. The church had the intention of vacating the 40-foot street to increase the area of the church parcel, to eliminate a walking hazard for parishioners, and to facilitate future church remodeling. Page 2 Memorandum No. PZ 03-008 ^ ~AN 02-004 This application was denied by the City Commission for several reasons: 1 ) A redevelopment study (The Heart of Boynton ) was being conducted; 2) Installation of fiber optic communication cables was scheduled; 3) The existence of a 6-inch water main along the right, of-way. As part of the motion of denial of this request, the City Commission had indicated that another abandonment application could be reconsidered after the completion of the redevelopment study. Since the redevelopment study has been completed, City Staff has taken the initiative to convert N.E. 3~ Street right-of-way and to follow-up the Commission directly. ANALYSIS Pursuant to Chapter 22 Article III Section 4, public notice was given to the property owners that abut the right-of-way to be abandoned, all utilities companies have been notified and the request has been advertised in the newspaper. A summary of the responses fi.om the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Flodda Power and Light Bell South Flodda Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection Approval with conditions (see Exhibit "C") No objection Objects because of existing infrastructure in the right-of-way between N.E. 12~h Avenue and N.E. 11th Avenue. Requires an easement dedication (see Conditions of Approval). No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the right-of-way be approved, subject to the comments included in Exhibit"C" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:~Olanntng~SHARED~,WIa~PROJECTS'I~aise Temoie (Chum~ of God)~ABAN 2002~stalf re,Don 2(X]2-.do¢ LocatiOn Map DAISE TEMPLE EXHIBIT "A" BOYNTON CANAL C-16 -- , NE 12TH AVE C2- EXHIBIT PROPOSED ABANOONMEN~ 3 LOT 1, BLOCK 9 HAPPY HOME H~(~..rrs PLAT BOOK. 1 I, PA.G:~. 30 i I. tLOT 1, BLOCK 1 MI='PKS & ANDREWS ! PLAT BOOK 5, PAGE 84 d~. LOT 8, BLOCK 10 HAPPY HOME HEIGHTS PLAT BOOK 11, PAGE 30 LOT 1, BLOCK "A" MEEKS & ANDREWS PLAT BOOK 5, PAGE 84 EXHIBIT "C" Conditions of Approval Project name: Daise Temple File number: A.BAN 02-004 Reference: N/A DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. An ingress, egress, drainage and utility easement encompassing the entire X N.E. 3m~ Street right-of-way shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording of the abandonment. 2. No canopy trees shall be allowed to be planted within the easement. All X plantings shall be reviewed and approved by the City of Boynton Beach prior to placement. 3. No building structures shall be allowed to be constructed on any portion X of the easement. Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 4. To ensure the intended use of the abandoned fight-of-way for an ingress, egress, drainage and utility easement, the plat shall be amended accordingly. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I. To be det~.~tined. S:\Planning\SHARED\WP\PROJECTS\Daise Temple (Church ofGod) Aban\COA 2002.doc CITY OF BOYNTON BE, AGENDA ITEM REQUEST XII. - LEGAL ITEM A.3 Requested City Commission Meetine Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to Cit~ Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetin~ I)at~ February 4, 2003 February 18, 2003 [] March 4, 2003 [] Match 1.8,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] AdminisWative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve Ordinance per Chapter 2 "Admlni.slxation" of the Code of Ordinances of the City of Boynton Beach to provide an updated organi:,ational chart for the City departments and services. EXPLANATION: The City's organization chart was last amended in January, 2001. The revised organiTational chart establishes responsibility with regard to utilization of municipal personnel, as well as a delegation of authority, span of control and the grouping of related mumcipal functions. The main difference in the cha~ is the assumption of supervision of the Finance Department by the City Manager and re-alignment of Parka Maintenance functions. This allows the Assistant City Manager more oppormmty to work on the Heart of Boynton Project and neighborhood concerns. Public Works will handle parkway and median landscaping maintenance, Recreation will handle maintenance of City parka. PROGRAM IMPACT: None FISCAL IMPACT: None. No additional staff- equipment, resources are shared. ALTERNATIVES: Do not approve the Ordinance~ ~ M//V~ M/~ganager as reco~umended and ' in current organiTational chart. Department Head's Signature 's Signature City Manager Deparmaent Name · , City Atton~ Finance / Human Resources SABULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03 - OO t~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2, "ADMINISTRATION" ARTICLE I, SECTION 2-1 TO INCORPORATE A REVISED CITY ORGANIZATIONAL CHART, EFFECTIVE JANUARY 1, 2003; PROVIDING FOR CONFLICTS, SEVER. ABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems essential and in keeping with basic management principles that a professional chart providing for the highest degree of efficiency with regard to of municipal personnel, providing for delegation of authority, span of control, assignment, lateral coordination and the grouping of related functions, be established and adopted for the efficient accomplishment of all municipal functions; and WHEREAS, the City Administration has heretofore prepared and furnished to the City Commission an appropriate table of organization which meets the above criteria; and WHEREAS, the adoption of a revised organizational chart is deemed essential in order to provide for the efficient daily operation of the municipal government; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That pursuant to the Charter and the Ordinances of the City of Boynton Beach, Florida, the organizational chart attached hereto and made a part hereof is hereby established and adopted as the City Organizational Chart for the City of Boynton Beach, Florida. Section 2. Each of the provisions of this Ordinance are separable, including word, clause, phrase, or sentence, and if any portions there of shall be declared invalid, the remaining portions shall not be affected, but shall remain in full force and effect. Section 3. Should any section or provision of this Ordinance or any portion S:\CA\Orclinances~Adn~nistralJve~Organizat~onal Chart 2002-03.doc declared by a court of competent jurisdiction to be invalid, such decision shall affect the remainder of this Ordinance. Authority is hereby given to codify this Ordinance. This Ordinance shall have an effective date of January 1, 2003. Section 4. Section 5. FIRST READING this ~ day of February, 2003. SECOND, FINAL READING AND PASSAGE this day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ~TTEST: Commissioner City Clerk S:~CA\Ordinancesh~ln~nislrative~Organizatlonal Chart 2002-03.doc XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEACB AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business .~ Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Commission Agenda under Public Heating, and under Legal, Ordinance - First Reading. The Commumty 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 03-022. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Schnars Business Center (LUAR 02-013) Jeffrey T. Schnars, Schnars Engineering Corporation Ruth R. Dolly 924 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from General Co,-.,.~rcial (GC) to Mixed use (MX); and Request to rezone the subject property from C-4 Community Commercial and R-1-A single-Family Residential to Mixed Use-Low (MU-L) for an 8,754-square foot office- retail building on 0.52 acres. PROGRAM IMPACT: N/A ALTERNATI~.,~ N/A Devq~n~nt ~)-~art~n~ent Ibirector t ~ M~ger's Si~e planning ~d Zom~D~ector Ci~ ARomey / France / H~ Reso~ces S:~lanning~Dk~ROJECTS~chn~ Busings C~U~ 02~ 13~g~da Item Requ~t Schn~ Bus. Ct LUAR 02~ 13 2-18&3.dot SABULLETINWORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 924 N. FEDERAL HIGHWAY, CONSISTING OF TWO VACANT PARCELS, (SCHNARS BUSINESS CENTER/SCHNARS ENGINEERING CORPORATION); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM GENERAL COMMERCIAL (GC) (0.35 ACRE PARCEL) AND MIXED USE (MX) (0.17 ACRES PARCEL) TO MIXED USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. S=\CA\Ordinances\~anning\~and Uee\Schn&rs L~nd Use.doc Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as Use (MX). Said land is more particularly described as follows: Lot 20, less the East 55 feet thereof, and Lots 21, 22 and 23, Block 4, LAKE ADDITION TO BOYNTON BEACH, according to the Plat thereof on file in the office of the Clerk of the Cimuit Court in and for Palm Beach County, Florida, recorded in Plat Book 11, page 71. SUBJECT TO restrictions, reservations and easements of record. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this ~ day of ., 2003. S:\C.~\ord~n,tncem\P~ann~ng\Land Use\Schn~s Land Use.doc SECOND, FINAL READING and PASSAGE this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S,\CA\O=dinances\91anning\Land Use\Schnars Land Use,doc XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Meetinz Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to CRv Clerk's Office November 18, 2002 (Noon) Decembea' 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetint Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business · ~ Public Hearing [] Legal [] Bids [] Unfinished Bnsmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Commission Agenda under Public Hearing, and under Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a unanimous vote, recou~a~aended that the subject request be approved. For further details pertaimag to the request, see attached Department of Development Memorandum No. PZ 03-022. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Schnars Business Center (LUAR 02-013) Jeffrey T. Schnars, Schnars Engineering Corporation Ruth R. Dolly 924 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from General Co,~ercial (CRC) to Mixed use (MX); and Request to rezone the subject property from C-4 Cos£-iiunity Commercial and R-1-A single-Family Residential to Mixed Use-Low (MU-L) for an 8,754-square foot office- retail building on 0.52 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: __ . N/A ALTERNATIVES;,~]~,/ N/A Dev~]~l~rrl~nt ~)-el:~ara~nt Ibirector Planning ~d Zo~D~ector CiW A~omey / F~ce / H~ Reso~ces S:~I~ning~D~ROJECTS~chn~ Business C~UAR 02413~g~da Item ~uest Schn~ Bus. Ct LUAR 02413 2-1843.dot SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, REGARDING THE APPLICATION OF SCHNARS BUSINESS CENTER/SCHNARS ENGINEERING CORPORATION; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING TWO PARCELS OF VACANT LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-4 (GENERAL COMMERCIAL DISTRICT) AND R- 1-A (SINGLE-FA.MH~Y RESIDENTIAL) TO MU-L (MIXED USE- LOW INTENSe; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 3rdinance No. 02-013, in which a Revised Zoning Map was adopted for said City, and WHEREAS, Ruth R. Dolly, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through her agent, Jeffrey T. Schnars, ~ursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of 5oynton Beach, Florida, for the purpose of rezoning two parcels of vacant land consisting of 0.35 acres and 0.17 acres, said land being more particularly described hereinafter, from General Commercial District (C-4) and Single Family Residential (R-l- A) to Mixed Use (MU-Low Intensity); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Schnars.doc NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1_ The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2._ The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lot 20, less the East 55 feet thereof, and Lots 21, 22 and 23, Block 4, LAKE ADDITION TO BOYNTON BEACH, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 11, page 71. SUBJECT TO restrictions, reservations and easements of record. and the same is hereby rezoned from General Commercial District (C-4) and Single Family (R-l-A) to Mixed Use (MU-Low Intensity);. A location map is attached hereto as "A" and made a part of this Ordinance by reference. Section 3:. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof declared by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this day of ,2003. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Schnars.doc SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S: \CA\Ordinances\Planning\Rezoning\Rezoning _ Schnars. doc Location Map SCHNARSBUSINESS CENTER EXHIBIT "A" NE~12_TEF~LVE R2 PU NE _1_2TH TERI ! RIA z i'rl -NE--8-TH-A-VE .- N~E 6TH'CT . $ XII. - LEGAL ITEM B.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Comrmssion [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned November 18, 2002 (Noon) December 2, 2002 (Noon) December {.6, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,.2003 Date Final Form Must be Turned in to CiW Clerk's Office. January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admiaislxative [] Development Plans [] Consent Agenda [] New Business · ' Public Hearing [] Legal ~a [] Unfinished Business [] Bids [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the Februar~ 18, 2003 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Commumty 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 03-018. EXPLANATION: PROJECT: AGENT: oWNER: LOCATION: DESCRIPTION: Sehnars Business Center (ABAN 02-003) Jeffrey T. Schars, Schars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: fi N/A ~De~Zht Director  City Attorney / Finance / Human Resources · Bus. Ctr ABAN 02-003 2-18-03.dot S:~Planning~SI-L~.RED\WP~PROJECTS~Schnars Business CtrXABAN 02-003XAsenda Item Request Schnars S:~BULLETiN~ORMSX~a. GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHOR/ZING ABANDONMENT OF A PORTION OF A 20 FOOT WIDE ALLEY, WHICH WILL BE CONVERTED TO A UTILITY EASEMENT EQUIVALENT IN WIDTH TO THE EXISTING ALLEY, LOCATED BETWEEN N.E. 8TM AVENUE AND N.E. 9r}~ AVENUE, BEING MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT ALSO TO THE CONDITIONS OF APPROVAL ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER FOR THIS ABANDONMENT, WHICH DISCLAIMER SHALL BE RECORDED IN TI-YE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant and contract purchaser, Jeffi'ey T. Schnars, is requesting the abandonment of a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8m Avenue and N.E. 9th Avenue, subject also to the Conditions of Approval attached hereto as Exhibit "A"; and WHEREAS, comments have been solicited fi.om the appropriate City Deparmaents, and public hearings have been held before the City's Planning and Development Board, the Community Redevelopment Agency, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are tree and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8~h Avenue and N.E. 9th Avenue, and subject to the Conditions of Approval attached hereto as Exhibit "A", more particularly described as follows: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 12I, Page 71 of the Public Records of Palm Beach $ At~nao~me~t.aoc County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of February, 2003 SECOND, FINAL READING AND PASSAGE THIS ~day of February, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA~OrdinencesV~oan do~ me~ ts~Sc~n~m NDand~nment.~oc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8th Avenue and N.E. 9th Avenue, subject to Conditions of Approval, and more particularly described as follows: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 1], Page 71 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of February, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA COUNTY OF PALM BEACH ) )SS: ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. S :\CA'On:Ii nances~a~ban~ mefl ts~Schnam Abar~o~ma~t.doc WITNESS my hand and official seal in the said State and County this __ of February, 2003. day NOTARY PUBLIC, State of Florida My Commission Expires: S :~CA~O~inances~N~n~onmems~S~hnam Abam:l~nment.d~: XII. - LEGAL ITEM B.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to CRv Clerk's Office Novernber 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetin~ Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in tO City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business ._~ Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Commission Agenda under Public Hearing, and under Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 5 to 2 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-030. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Coastal Bay Colony (LUAR 02-014) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 S.E. 23ra Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Coaa~aercial to Special High Density Residential (20 du/ac); and Request to rezone the subject property from C-2 Neighborhood Commercial and C-3 Comaiunity Commercial to Infill Planned Unit Development (IPUD) for 65 fee-simple townhouse units on 4.34 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: ~ff N/A ALTERNAT13~S~ ^ N/A D eve~l'op~enl~ Department I~irector City Manager's Signature Planning and ZonmsrDtrector City Attorney / Finance / Human Resources S:XPlanning~SHARED\WP~ROJECTS\Coastal Bay ColonyXLUAR 02-Ol4XAgenda Item Request Coastal Bay Colony LUAR 02-014 2-18-03.dot S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 2505 SOUTH FEDERAL HIGHWAY KNOWN AS COASTAL BAY COLONY; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as 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, aider public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as S,\CA\Ord£nance~\planning\I~nd Uee\Coa.tal Bay Land Use.doc SHDR (Special High Density Residential). Said land is more particularly described as follows: SEE ATTACHED EXHIBIT "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be by a court of competent jurisdiction to be invalid, such decision shall not affect the 'emainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this day of SECOND, FINAL READING and PASSAGE this CITY OF 2003. day of BOYNTON BEACH, ., 2003. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\Ordinancem\;lamtin~\I~tnd Use\Coas~al may Land Ume,doc LE.C-~L DESCRIPTION: PARCEL 1: LOTS 14. AND 15 OF "ROBINSON'S ADDITION TO BOYNT©N BEACH, FLORIDA" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 14-4- OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PAEICEL 2:' BEG. Ii~41NG AT A POINT 2.07.78 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST 1/4. OF THE SOUTHEAST 1/4- OF SECTION 55, TOWNSHIP 4.5 SOUTH, RANGE 4.,:3 EAST; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID NORTHEAST 1/4- OF THE SOUTHEAST 1/4. 64-7.07 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY LINE OF THE DIXIE HIGHWAY; THENCE SOUTHERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT ,385.56 FEET SOUTH OF THE SAID NORTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4. TO A CONCRETE MONUMENT; THENCE wEST 628.11 FEET, MORE OR LESS, AND PARALLEL TO THE "SAID NORTH LINE OF SAI0 NORTHEAST 1/4. OF THE SOUTHEAST 1/4. TO THE WEST LINE OF SAID . NORTHEAST 1/4. OF 'THE SOUTHEAST 1/4.; THF_J,4CE NORTH 177.78 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA, BY INSTRUMENT DA'r'ED JANUARY 24., 1958, FILED'JANUARY 27, 1958 AND RECORDED IN O.R. BOOK 150, PAGE ,370, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR ROAD RIGHT OF WAY PURPOSES. PARCEL 3: AL~L ~AT"PART OF THE SOUTHEAST 1/4- OF SECTION 3.3, TOWNSHIP 4.5 SOUTH, RANGE 4..3 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT IN THE 'NEST LINE OF THE RIGHT OF WAY OF U.S. HIGHWAY NO. 1, WHICH IS ,385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4- OF SAID SECTION 3;3; AND RUNNING THENCE SOUTH ALONG THE wEST LINE OF THE RIGHT OF WAY OF SAID U.S. HIGHWAY NO. 1, A DISTANCE OF 100 FEET; THENCE WEST ON A LINE PARALLEL WITH THE SAID NORTH LiNE OF SAID SOUTHEAST 1/4. OF SAID SECTION 5,3, A DISTANCE OF ,.350.0 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4. OF SAIO SECTION 33 TO A POINT WHICH IS ,385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4. OF SAID SECTION ,3,3; THENCE EAST ON A LINE PARALLEL WITH THE SAID NORTH LINE OF. SAID SOUTHEAST 1/4- OF SAID SECTION ,3,3 TO THE POINT OF BEGINNING. LESS THE RIGHT OF WAY FOR U.S. NO.: 1 (,.STATE ROAD NO. 5). LEGAL DESCRIPTION: LOTS 16, 17 AND 18, "ROBINSON ADDITION'" ACCORDING TO THE PLAT. THEREOF AS RECORDED IN PLAT BOOK 23, AT PAGE 14.4- OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. XII. - LEGAL ITEM B.5 CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Meetin~ Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 Date Final Form Must be Turned in tO City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Me,ting Date~ [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk'~ Office · January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business _ _ , ablic Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Coo~:i.~sion Agenda under Public Hearing, and under Legal, Ordinance - First Reading. The Coumianity Redevelopment Agency Board with a 5 to 2 vote, recouauended that the subject request be approved. For further details pertaining to the request, see attached Deparlment of Development Memorandum No. PZ 03-030. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Coastal Bay Colony (LUAR 02-014) Carlos Ballbe, Keith & Ballbe, Inc. Southern Hon~s of Palm Beach, LLC 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 S.E. 23ra Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail COi,l,,-,~rcial tO Special High Density Residential (20 du/ac); and Request to rezone the subject property from C-2 Neighborhood Conm~rcial and C-3 Co~ty Commercial to Infill Planned Unit Development (IPUD) for 65 fee-simple towrthouse umts on 4.34 acres. PROGRAM IMPACT: N/A FISCAL IMPACT.', ~ N/A ALTERNATIVE~r ~ N/~A De~e~op~en~ Department l~irector City Manager's Signature Planning and ZonmgrDirector City Attorney / Finance / Human Resources S:LPlanning\SHARED\WP~ROJECTS\Coastal Bay Colony~LUAR 02-014~genda Item Request Coastal Bay Colony LUAR 02-014 2-18-03.dot S:~BULLE~ORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF COASTAL BAY COLONY/SOUTHERN HOMES OF PALM BEACH, LLC; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-2 (NEIGHBORHOOD COMMERCIAL) AND C-3 (COMMUNITY COMMERCIAL) TO IPUD (INFILL PLANNED UNIT DEVELOPMENT); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;, and WHEREAS, Southern Homes of Palm Beach, LLC, owners of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Keith & Ballbe, Inc.,/Carlos Ballbe, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of + 4.34 acres, said land being more particularly described hereinafter, from C-2 (Neighborhood Commercial) and C-3 (Community Commercial) to IPUD (Infill Planned Unit Development); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S: \CA\Ordinances\Planning\Rezoning\Rezoning -Coastal Bay Colony.doc Section 1. herein by this reference. Section 2. The following Beach, Florida as set forth as follows: SEE ATTACHED EXHIBIT "A" The foregoing Whereas clauses are true and correct and incorporated described land, located in the City of Boynton De and the same is hereby rezoned from C-2 (Neighborhood Commercial) and C-3 Community Commercial) to ~UD (Infill Planned Unit Development). A location map is tttached hereto as Exhibit "B" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Sect±on 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof De declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 'emainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ., 2003. SECOND, FINAL READING and PASSAGE this ~ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S: \CA\Ordinances\Planning\Rezoning\Rezoning -Coastal Bay Colony.doc LE.C---C,,L DE$CRIPTIQN-' PARCEL 1: LOTS 14. AND 15 OF "ROB{NSON'S ADDITION TO BOYNTON BEACH, FLORIDA" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2.3, PAGE 14.~- OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2: BEGi~'NING AT A POINT 207.78 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST 1/4. OF THE SOUTHEAST 1/4- OF SECTION 33, TOWNSHIP 4-5 SOUTH, RANGE 4-3 EAST; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID NORTHEAST 1/4. OF THE SOUTHEAST 1/4. 64.7.07 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY LJNE OF THE DIXIE HIGHWAY; THENCE SOUTHERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT 385.56 F~EET SOUTH OF THE SAID NORTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4. TO A CONCRETE MONUMENT; THENCE WEST 628.11 FEET, MORE OR LESS, AND PARALLEL TO THE 'SAID NORTH lINE OF SAID NORTHEAST 1/4. OF THE SOUTHEAST 1/4- TO THE WEST LINE OF SAID . NORTHEAST 1/4- OF 'THE SOUTHEAST 1/4.; THENCE NORTH 177.78 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA, BY INSTRUMENT DATED dANUARY 24-, 1958, FILED' JANUARY 2.7, 1958 AND RECORDED IN O.R. BOOK 150, PAGE 370, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR ROAD RIGHT OF WAY PURPOSES. PARCEL 3: AL}. ~T' PART OF THE SOUTHEAST 1/4. OF SECTION' 33, TOWNSHIP 4.5 SOUTH, RANGE 4..3 EAST, PALM BEACH COUNTY, FLOR1DA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEOINNING AT A CONCRETE MONUMENT IN THE 'NEST LINE OF THE RIGHT OF WAY OF U.S. HIGHWAY NO. 1, WHICH IS ,385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4. OF SAID SECTION 5.5; AND RUNNING THENCE SOUTH ALONG THE WEST LINE OF THE RIGHT OF WAY OF SAID U.S. HIGHWAY NO. 1, A DISTANCE OF 100 FEET; THENCE WEST ON A LINE PARAI.~.EL WITH THE SAID NORTH LINE OF SAID SOUTHEAST 1/4. OF SAID SECTION 3.3, A DISTANCE OF ,350.0 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4. OF SAID SECTION 35. TO A POINT WHICH IS 385.56 FEET SOUTH OF THE NORTH LINE OF THE sOUTHEAST 1/4. OF SAID SECTION 5.3; THENCE EAST ON A LINE PARALLEL WITH THE SAID NORTH LJNE OF SAID SOUTHEAST 1/4. OF SAID SECTION 55 TO THE POINT OF BEG NNING. LESS THE RIGHT OF WAY FOE U.S. NO.~ 1 (,STATE ROAD NO. 5). LEGAL DESCRIPTION: LOTS 16, 17 AND 18, "ROBINSON ADDITION" ACCORDING TO THE PLAT. THEREOF AS RECORDED ~N PLAT BOOK 2.3, ^~' PAGE 14.'~ OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA. Location Map COASTAL BAY COLONY PUD il 'L R3 REC ICWW Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January21,2003 XlI. - LEGAL CITY OF BOYNTON BEACH ITEM D.1 AGENDA ITEM REQUEST FOR ._ Date Final Form Must be Turned in to Cit3' Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Consider Developer's request to enter into a Stipulation and Agreed Court Order which would authorize the City Commission to review the development application which was denied by the Planning and Development Board. EXPLANATION: The Developer of the proposed project, known as Hampton Place, has requested further leave of the Court to bring the issue on to the City Commission. A previous Court Order required affirmative action by the Planning and Development Board as a condition of it reaching the City Commission. The attached Motion and Agreed Order outline the applicants' desire to present its project to the City Commission. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Deny Developers request. Department Head's Signature Department Name ~ty~ger's Signature/ ~L'~t~ AttOrney F~ce / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC NOR CORPORATION, a Florida cerl~r~ NORMAN I. I~CHAI~ a~i EI~HI~ I~. MICHA1~ his ~i~ VS, THE CITY OF BOYNTON BP. ACH, a Florkh Municil~l cot~xa~tion, 1N THE CIRCUIT COURT OF ~ 15TM IUDICIAL CIRCUIT IN AND FOR PALM BP. ACH COUNTY, FLORIDA CASENO.: CL 89-~175 AN CIVIL DIVISION JOinT MOTION AND A~'.~.T~ ORDER ~ ll~tc~yjointlyrcxlmm ~t a~ ~s Co~m~~ ~ 1. I~ ~t~ ~o~ 31, 1989; m ac~~~of~ ~ S~n ~~ow~ ~mn B~ m ~ P~s~f~~~ F~~U~~~~ ~'s ~ offS2, 1~. CAS~N0.: CLg9=617~ AN ?. S~ion 4.3 ofArdcle I ~dtied"ln ~' whichis spin of~ 1.$ ortho ~ mtitl~d'~~i~C~amaiy"of~heLa~d~l~-su~to~,CityorBoym~ Beach, Flofid~ ~ that: "No action oftl~ Plam~g ami D~velopmmt Bos~d ~b~ coasid~r~d a ~ action of~e City unlil ratified by the City Co~,uission". 8. In addilion, Section 6 ofit~ s~me A~icle ~ hk~: "AIl decisiom ortho Planning md be contrary to the pla/n lansuage of the ordin~ces of the City of Boy~:m Beach. 10. Acr~apdin~ly, the parg~, bythls Stipul~lio~, ~lt~t ~hst tim City Commlsd~ oflhe City ofBoy~ion B~da fully cornier thc Amc~lm~ts b~in~ requ~st~iby thc PI~ a~! that tl~ A~:~d Ord~ l~ cllmfiod so ~s to follo~ tl~ approptial~ l:~x~[t~ oflh~ City oflkr~Ro~ ~ Florida. ~AM~ A. CliEP, OF, p-SQ. CITY OF BOYNTON BEACH 100 F,. Boy~n B~r,h Bo~le,,'~! Boy~lon Beth, l~lorid~ 33435 (561) 375..6050 Florida B~r No. 291 DATED: MURPHY, I~ID, PIlOT'rE, ORD and AUSTIN, Attor~y for Fl~n~s) 3~0 R~ysl Pslm W,y Suit~ 100 1 . The Court havre8 coasidemi the ]ohu Motioa ofti~e patties set forth above mdl~i~ otha~is~ 1. TI~ City ofBoym~ ~" r~,~i 1~ m ca~y out ~ proostmSl~id~! l~r ~in the ordka~ce~ of thc C iW ofBoyam lkach, Florida with mqmt to a:~ Am~ita~ to the bed Us~, Zo~ ~ c~ ~ ~,,,~ t~, ~.b,~ oftl~ c-~s Plaa~s and ~ ao~-d's a~ion bythe CityCnmmL :-~',~_ ~ a, a duly called meeing of the CityConnnission m ~ wit~ the,~,,jk,aa~.es of the City of Boynlon B~ar, h, Florids CA,~E NO.: CL 89-6178 2. Tim loint Motion md Agreed Order does not oblis~te the City of Boy~on Beach Io em~ la~l~se mm~ln~ zoai~ chsag~ or ~e smmdmm~ ia~msism~ wi~h~ s~t ~onh m tl~ Com, s Order of October 20, 1990. The sole ptupose sad ia~ent of~his Ioint Motion ~nd A&re. ed Order is to allow the City of Boymon Beach to me~e f~;y eomide~ the Amendments be/ns reques~ in acxx~lan~ with ~he ordinances of the Cit~ of Boynton Be~ch, Florids. DO1VE md ORDI~ED si West Palm Beach, Palm Beach County, l~lotids this __ ,2002. dsy~f Ci~uit Court :Iudse Cop~# ~'.