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Agenda 06-03-03The City of Boynton Beach 100 E, Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JUNE 3, 2OO3 Gerald Broening Mayor At Large Ronald Weiland Commissioner // Commissioner District II ....... / I 31S'l';. F~IC.,{q' I / Mike Ferguson ~~ ~"~ ~'-'~' -~ Vice Mayor District I" Carl McKoy Commissioner Ku. Bressner Ci~ 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 PUBL/C PARTiCIPATiON AT CI'TY 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. · Con~ent 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 MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end oF the dais before the "Openings" portion oF the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item 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 ~urther 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 8oynton 8each City Commission Chambers, 100 East Boynton 8each 8oulevard, 8oynton 8each. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA June 3, 2003 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald BroeflJflg B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORt4 · GIVE Z'I' TO THE CITY CLERK (ON THE DAIS) BEFORE THE '"'OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COI4E TO THE PODIUt4 WHEN THE t4AYOR CALLS YOUR NAt4E INDIVIDUALS 14AY SPEAK FOR THREE UNINTERRUPTED t4INUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II, OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COI~tPlUNZ'rY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events C. Presentations: 1. Proclamations: a. "Code Enforcement Officer's Appreciation Week"- June 2-7, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 3, 2003 2. Sculpture Presentation by Firefighter 3 Paramedic Ray Airman 3. Presentation of donation to Laura Lassman, President of Play for T.I.M.E. (Technology, :~mmediate Diagnosis, Mammography, Effective Treatment), on behalf of The Links at Boynton Beach, the Ladies & Men's Golf Associations, and the players 4. Presentation of Banner by .leanne Heavilin, President, Greater Boynton Beach Sister Cities, l~nc. 5. Recognition of Police Athletic League Track Team - State Championship (7-14 Year Age Group) ADM]:N:~$TRA'I1:¥E: A. Accept resignation from Marion Grammer, Regular Member of the Library Board B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date !~! Ferguson Advisory Bd on Children & Youth Alt 1 yr term to 4/04Tabled (2) :IV McKoy Advisory Bd on Children & Youth Stu/NonVoting I yr term to 4/04Tabled (2) 1~!I Ferguson Bldg. Bd of Adj & Appeals Alt I yr term to 4/04Tabled (3) ! Weiland Cemetery Board Alt 1 yr term to 4/04Tabled (3) ~:[! Ferguson Cemetery Board Reg 3 yr term to 4/06Tabled (2) IVlayor Broening Education Advisory Board Alt 1 yr term to 4/04Tabled (2) !! IvlcCray Education Advisory Board Reg 2 yr term to 4/05Tabled (2) !!! Ferguson Education Advisory Board Stu :~ yr term to 4/04Tabled (2) Mayor Broening Golf Course Advisory Committee Reg 5 yr term to 6/08 1~V McKoy Library Board Reg 3 yr term to 4/06 Mayor Broening Nuisance Abatement Board Alt 1 yr term to 4/04Tabled (2) ! Weiland Nuisance Abatement Board Reg 2 yr term to 4/05'l'abled (2) I! McCray Nuisance Abatement Board Reg 2 yr term to 4/05Tabled (2) I~! Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05Tabled (2) ! Weiland Senior Advisory Board Alt :~ yr term to 4/04 2 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 3, 2003 V. CONSENT AGENDA: Hatters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of May 19, 2003 2. Regular City Commission Meeting of May 20, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Award "ANNUAL CONTRACT FOR HARDWARE SUPPLIES," Bid #045- 1412-03/C_,1D to various vendors, as per staff's recommendations, with an estimated annual expenditure of $50,000 2. Award the "ANNUAL PARTS/SUPPLTES FOR LARGE TRUCK AND MTSCELLANEOUS EQUTPMENT," Bid #046-1412-03/3A, to various vendors by manufacturer, with an estimated expenditure of $100,000 C. Resolutions: 1. Proposed Resolution No. R03-090 Re: Consenting to the Amendment to the Declaration of Covenants and Restrictions for Alhambra Square to permit the existing ficus hedge to remain in connection with the development of the Medical Arts Professional Center project 2. Proposed Resolution No. R03-091 Re: Accepting Letter of Credit no. 3051870 from Bank of America (with amendment) in the amount of $77,080 as surety for the installation of water and sewer improvements for the project known as Villas at Quantum Lakes 3. Proposed Resolution No. R03-092 Re: Approving the 3oint Participation and Project Funding Agreement between Palm Beach County and the City of Boynton Beach for the construction of Woolbright Road from Jog Road to Military Trail in the amount of $42,300 4. Proposed Resolution No. R03-093 Re: Authorizing the purchase of property owned by Gary L. Hoiloway located at 1100 NW 1~t Street for the appraised price of $75,000 in order to implement the Heart of Boynton Development Program Agenda Regular City Commission Meeting Boynton Beach, Florida June 3, 2003 D. Ratification of Planning & Development Board Action: 1. New Alliance Haitian Church (NWSP 01-OOB), Hoadley Road (east end) - Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel 2. Ream Variance (ZNCV 03-004), 710 SW 27th Avenue - Request for relief from Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA Zoning District, to allow for a variance of 5 feet and a rear yard setback of 20 feet 3. Quantum Park & Village South (SPVVV 03-001) (aka Villas at Quantum Lakes Phase III), South of Gateway Boulevard; west of High Ridge Road - Request for waiver from Land Development Regulations Chapter 2, Section 11.H.1 requiring 2 spaces per unit to allow a 0.25 reduction or 1.75 spaces per unit with an additional 5% of the total spaces 4. Largo Pointe (NWSP 03-005), 2400 SW 19th Avenue - Request for site plan approval for 20 fee-simple townhouse units and related site improvements on a 1.97-acre parcel in the R-3 zoning district 5. Woolbright Plaza (SPTE O3-OO1), 1609 S. Congress Avenue - Request for a one-year time extension of the conditional use/site plan approval granted on March 5, 2002 (an extension to March 5, 2004) 6. The Watershed (HTEX 03-003), 4905, 4915, 4927 Park Ridge Road - Request for height exception of 10 feet pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of decorative cupolas to be 55 feet in height, a distance of 10 feet above the 45-foot maximum height allowed in the P.I.D. zoning district E. Ratification of CRA Action: 1. The Arches (NWSP 03-002), Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 - Request site plan approval for a Mixed-Use development consisting of 276 apartment units, 31,630 square feet of retail, and 12,870 square feet of offices located on 3.515 acres ('TABLED TO ~/3/03) F. Approve the plat of the Harbors, PUD, subject to the approval of the Mayor and the City Engineer G. Approval of proposed First Amendment to Unity of Title Tuscany on the Tntracoastal 4 Agenda Regular City Commission MeeUng Boynton Beach, Florida June 3, 2003 H. Approval of petition from Bruce A. Clipson representing Clipson Unlimited, Inc., vehicle for hire business, for a Certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3 VI. CODE COMPLIANCE & LEGAL SE'rrLEM£NT$: None VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: The Arches (LUAR 03-003) (TABLED TO 6/3/03) Agent: Nancy C. Graham, Urban Principles, LLC Owner: Contract Purchaser Boynton Ventures 1, LLC Location: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-:L Description: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX(:); (1st Reading of Proposed Ordinance No. 03-019); and Request to rezone from Central Business District (CBD) to Mixed Use-High Tntensity (MU-H) (1't Reading of Proposed Ordinance No. 03-020) B. Project: The Arches (ABAN 03-002) (TABLED TO 6/3/03,) Agent: Nancy C. Graham, Urban Principles, LLC Owner: Contract Purchaser - Boynton Ventures 1, LLC Location: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Description: Request abandonment of a portion of that certain 20-foot wide alley lying adjacent to Lots I through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, Original Town of Boynton (1st Reading of Proposed Ordinance No. 03-021) C. Project: Fire Station (LUAR 03-004) (Relocation of Fire Station #2) Agent: City of Boynton Beach Owner: City Initiated Location: North side of Woolbright Road; west of Congress Avenue Description: Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential (LDR) to Public & Private Governmental/:[nstitutional (PPG[); (1~t Reading of Ordinance No. 0:3-022); and 5 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 3, 2003 Request to rezone from Planned Unit Development (PUD) to a Public Use (PU) to allow for the relocation of Fire Station #2 with accessory recreation amenities (:[,t Reading of Proposed Ordinance No, 03-023) ]:X. CZTY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (TABLED 0N$/20/03,) B. Follow-up Discussion on Capital l~mprovement Project Priorities and Funding Mechanisms X. FUTURE AGENDA TI'EMS: A. Report on Renewal of City Health ~[nsurance Program (June 17, 2003) B. Review of City Bidding Procedures (June 17, 2003) C. Review of Annexation Enclaves (June 17, 2003) D. Report on Bottling of City Water (June 17, 2003) E. Budget Discussion Workshops (July 15, 16 and 17, 2003) F. Discussion of Land Purchase for NE Fire Station (July 15, 2003) G. Follow-up Meeting with CRA on Development l~ssues (August 2003) H. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) First Budget Hearing (September 9, 2003) J. Second Budget Hearing (September 16, 2003) K. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) X]:. NEW BUSZNESS: None X]:T. LEGAL: A. Ordinances - 2nd Reading - PUBI_~C HEARTNG 6 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 3, 2003 1. Proposed Ordinance No. 03-018 Re: Amending Part: T~[T of the Code of Ordinances, entitled "Land Development Regulations," to provide for the City Engineer to take action with respect: to technical services provided by the Engineering Division of the Department of Public Works and amending Parc ]~TT to provide for the deletion of obsolete language, and clarification of existing provisions B. Ordinances- Ist Reading 1. Proposed Ordinance No. 03-024 Re: Amending Chapter 2 Administration, Section 2-16, regarding City Board Members Qualifications 2. Proposed Ordinance No. 03-025 Re: Amending Section i].3- 20 of the Code of Ordinances regarding Special Event Permits 3. Proposed Ordinance No. 03-026 Re: Amending the land use designation of property located at South Seacrest Boulevard, known as Seacrest Scrub, from Recreational (R) to Conservation (CON) Proposed Ordinance No. 03-027 Re: Amending the land use designation of property located at the northwest corner of N. Seacrest Boulevard and Miner Road,' known as Rosemary Scrub, from Recreational (R) to Conservation (CON) 5. Proposed Ordinance No. 03-028 Re: Amending the land use designation of property located at the southeast corner of S. Congress Avenue and SW 35th Avenue (Arbolata Townhomes) from ]:ndustrial (I) to High Density Residential (HDR) 6. Proposed Ordinance No. 03-029 Re: Rezoning a parcel of land from M-1 Tndustrial to Planned Unit Development (PUD) - Arbolata Townhomes 7. Proposed Ordinance No. 03-030 Re: Amending the land use designation of property located on the east side of Federal Highway between Ocean Avenue and NE ,~th Avenue from Mixed Use (MX) to Mixed Use-Core (MX-C) 8. Proposed Ordinance No. 03-031 Re: Amending the land use designation of property located at the northwest corner of Federal Highway and Woolbright Road from Local Retail Commercial (LRC) to Mixed Use (MX) - Beachside at Boynton 9. Proposed Ordinance No. 03-032 Re: Rezoning of property located at the northwest corner of Federal Highway and Woolbright Road 7 Agenda Regular City Commission Meeting Boynton Beach, Florida June 3, 2003 from Community Commercial (C-3) to Mixed Use-Low Intensity (MU-L) - Beachside at Boynton 10. Proposed Ordinance No, 03-033 Re: Updating Objective and Policies regarding residential developments in the Coastal High Hazard Area; modifying the definitions of the land use designations; adding intensity standards to all non-residential definitions; adding a Conservation land use; and requiring an update of the Problems and Opportunities section of the support documents by 2004 11. Proposed Ordinance No. 03-034 Re: Amending the Land Development Regulations, Chapter 1, Article TI. Definitions, "Building Height," to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None XIV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAn'ER CONSIDERED AT THIS MEEllNG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN E(~UAL OPPORTUN]-rY TO PARTICIPATE IN AND ENJOY THE BENEF1-FS OF A SERVICE~ PROGRAM~ OR ACl-[VITY CONDUCI'~D BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO~ (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACT'[VITY IN ORDER FOR THE C~'I'Y TO REASONABLY ACCOMMODATE YOUR REQUEST. Bmm FINAL AGENDA 6~3~2003 9:06 AM S:\CC\WP\CCAGEN DA\AGEN DAS\Year 2003\060303.doc ZIL.ANNOUNCEMENTS & PRESENTAT/ONS Ztem C.l.a O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to Ci Clerk's Office ~ : in to Ci Clerk's Office ~ March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 1, 2003 June 2, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 [] April 15, 2003 June 16, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 30, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 [] May 20, 2003 [] Legal [] Administrative [] New Business NATURE OF [] Announcement AGENDA ITEM [] City Manager's Report [] Presentation [] Public Hearing [] Consent Agenda [] Code Compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: Read enclosed proclamation designating June 2-7, 2003 as Code Enforcement Officers' Appreciation Week, (exhibit A) into the record. EXPLANATION: This is an annual recognition initiated by the Florida Association of Code Enforcement (F.A.C.E.) to show appreciation for the hard work performed by Code Departments throughout the State of Florida. The proclamation emphasizes the importance of having well trained, professional Code Officers providing for the safety, health and welfare of our citizens. It also notes the role of Code Officers in improving neighborhoods and providing quality customer service to the public. PROGRAM IMPACT: N/A Department Head's Signature City Attorney / F-------~ance / Human Resources Department Name SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Offices are often not cred/ted for the iobs that they do in saving lives and improving neighborhoods, as are emergency personnel such as police, f/re, and emergency medical services; and WHEREAS, every day, assisted by support and Program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously which they serve; and. and are proud of their department and the local govemment within WHEREAS, The Florida Association of Code Enforcement (F.A.C.E.) has declared the fourth week of June be set aside by local government to honor and recognize their Code Enforcement Officers; NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of June 2-7, 2003 as CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK Jn Boynton Beach in accordance with the state-wide observance of the same and encourage c/tizens of Boynton Beach to join this Commission in expressing appreciation for the dedication and outstanding service Provided by the individuals who serve as our Code Enforcement Officers. 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 3r~ day of June, Two Thousand and Three. CITY OF BOYNTON BEACH Gerald Broening, Mayor ATTEST Janet Prainito, CMC, City Clerk Corporate Seal IZL-ANNOUNCEHENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates , in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal '-~ NATURE OF [] Announcement [] New Business ~ < AGENDA ITEM [] City Manager's Report [] Presentation -~t [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business _--o RECOMMENDATION: Firefighter 3 Paramedic Ray Altman would like to present a remarkable handi~de£22> he created depicting the tragedy of the World Trade Center disaster. This concrete and steel work-- ~ sculpture represents the agony of those firefighters who lost their lives while trying to save the victims of the World Trade Center terrorist attacks. Firefighter Altman is offering to loan his sculpture for display in the City Hall lobby. EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: ~TERNATIVE~ ~epartment Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC [1~Z.-ANNOUNCEMENTS & PRESENTAT/ONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commissign Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon ~E'~. · -~ C'~. '-~ [] Administrative [] Legal : NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing co [] Code Compliance/Legal Settlements [] Un~'mished Business RECOMMENDATION: Presentation of donation to Laura Lassmau, President of Play for T.I.M.E. ("Technology, Immediate Diagnosis, Mammography, Effective Treatment."), on behalf of The Links at Boynton Beach, the Ladies & Men's Golf Associations, and the players. EXPLANATION: On April 12, 2003 "The Links" sponsored a charity golf tournament, The 3rd Annual Golf Tournament to benefit the Breast Cancer Research Foundation. The event raised $7,559.00 for this charitable cause. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None De/p//artment Head's Signature C~ Manager's Signature Golf Course Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC ITEM C.4 CITY OF BOYNTON BEACH AGENDA 1TEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested Cit~ Commission Date Final Form Must be Turned in Meeting Dates : in to City Clerk's Office Meeting Dates to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6,2003 April 14,2003(Noon) [] July 1,2003 June 16,2003(Noon} [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code CompliancedLegal Settlements [] Unfinished Business RECOMMENDATION: Presentation to the City Commission of the City of Boynton Beach a Sister Cities Banner from The Greater Boynton Beach Sister Cities Committee, Inc. EXPLANATION: While participating in a trade fair trip to Qufu, China in the Fall of 2002, the City of Boynton Beach, through our Sister Cities Committee displayed a banner demonstrating our Sister City relationship with the City of Qufu, China. The Sister Cities Committee would like to present that banner to the City Commission. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Economic Development Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC III.ANNOUNCEMENTS & PRESENTATION;-. I~EM C.5. O CITY OF BOYNTON BEACH ] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Mectin~ Dates ' in t9 City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3. 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: To recognize and present certificates of accomplishment to the members of the Boynton Beach Police Athletic League (PAL) 2003 Track and Field Team and Coach Clyde Harris. EXPLANATION: On May 17'a, the Boynton Beach Police Athletic League Track and Field Team (41 kids, ages 7-14) participated in the Florida Association of PAL State Championship Track and Field events in Jacksonville, Florida. During their competition, the Boynton Beach PAL participated in 44 events and walked away with 35 first place medals! The team also won the first place trophy for Team Competition, the fourth year in a row that they have won this honor. Over 350 kids from twelve different PAL organizations across the state participated in this track event. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNA.~?~ertifi~eates of accomplishment.. ~_.~_ Deparmmat Head's'S'i~tu~ City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETiN~FORMS~,AGENDA ITEM REQUEST FORM.DOC ~ IV. ADMI~Nt'STRATI'VE ITEM ...~ / · . ': . 1 708 S W 19th D~ve Boynton Beach, FL JJ426 Phone: 561- E. maii: mgrammK~ aotcom May 19, 2003 Mayor C~rald Browning 100 E. Boyntou Beach Blvd. Boynton Beach, FL 33435 Dear Mayor Bro~ing: I would like to thank you for reappointing me as a regular member of the Library Board; however, I must regretfully inform you that I will be unable to serve another term because I am moving out of the state in July. I have enjoyed serving on the Board and I will miss many of the amenities that Boyntou Beach has offered me during the six years I have lived here. I hope that my new home has a library that can measure up to the high standards of the Boynton Beach City Library. Sincerely, V.-CONSENT AGENDA XTEM A.:L. MTNUTES OF THE AGENDA PREVZEW CONFI HELD IN CONFERENCE ROOM C, WEST W:[NG, ,_ BOYNTON BEACH, FLORZDA ON MONDAYf HAY :~9f 2003 AT 4:00 P.M. Present : Gerald Broening, Mayor Kurt Bressner, City Manager · Mike Ferguson, Vice Mayor .lames Cherof, City Attorney Mack McCray, Commissioner Bonnie Glinski, Deputy CiW Clerk Carl McKoy, Commissioner Pon Weiland, Commissioner City Manager Bressner began the agenda review at 4:00 p.m. He requested that an item be added under presentations, C.Z.c., to recognize the volunteers for the Great American Clean~up. V.E.X. The Arche~ (NWSP 03-002), MulUple blocks beginning at the southwest corner of Ocean Avenue and U$-:~ - Request site plan approval for a Mixed-Use development consisting of 276 apartment units, 31,630 square feet of retail, and :L2,870 square feet of offices located on 3.5~5 acres City Manager Bressner reported that he had received a request from the developer of The Arches to postpone this item and the two related items under Public Hearing until the 3une 3~ Commission meeting. It will be announced at the beginning of the City Commission meeting that a request for postponement was received. V.K. Approve allocation of Community Znvestment Funds Commissioner McKoy requested that this item include $1,000 from his funds for the PAL 12- year old Basketball Team. V~TZ.A. Serrano O Boynton (ANNEX 03-00~) (TABLED TO 6/$/03) V~]:[.B. Serreno O Boynton (LUAR 03-002) (TABLED TO 6/3/03) V]:]:I.C. Serrano O Boynton (LUAR 03-002) (TABLED TO 6/3/03) City Manager Bressner said that these items would probably not go forward on 3une 3rd. ]:X.D, Discussion of Cash in Lieu Formula for Off-street Parking in CBD Area CiW Manager Bressne£-distributed copies of a memorandum from the CRA endorsing staff's recommendations for the pay in lieu of parking formula. MeeUng Minutes Agenda Preview Conference Bovnton 8each, Flgrid~t May 19, 2003 ordinance. He stated that the Commission would have to move to amend the definition as reflected in the ordinance. City Attorney Cherof requested that an item be added under Legal to set a dosed-door session to discuss pending cases. There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 4:~.7 p.m. CTI'Y OF BOYNTON BEACH Mayor Vice Mayor ATTEST: Commissioner City Clerk Commissioner Deputy City Clerk Commissioner (one tape) V.-CONSENT AGENDA ~[TEM A. 2 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 20, 2003 AT 6:30 P.M. P, resent Gerald Broening, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor Jim Cherof, City Attorney Mack McCray, Commissioner Bonnie Glinski, Deputy City Clerk Carl McKoy, Commissioner Ron Weiland, Commissioner I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Martin Zlatic, St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner McCray Mayor Broening called the meeting to order at 6:30 p.m. Reverend Martin Zlatic offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner McKoy. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TOTHE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner McCray moved to approve the agenda. Motion seconded by Commissioner Weiland and unanimously carded. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 Mayor Broeniflg announced that the developers for The Arches requested that their four items be postponed. Motion Vice Mayor Ferguson moved to table. Motion seconded by Commissioner McCray and unanimously carried. Attorney Cherof added that specific dates for tabling these items will be announced. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray announced that he, along with Commissioner McKoy and City Manager Bressner, attended the Citizens Services Institute graduation and it was a wonderful event. He would like to see more people participate in the program. Mayor Broening announced that the terror alert was moved to "high" today. He felt that this was attributable to the events taking place in other parts of the wodd. He urged residents to go on with their lives, but to remain alert. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events 1. Announcement of Office Depot as title sponsor of the July 4m Festival of Fireworks event, which will be held on the Motorola property Wayne Segal, Public Affairs Director, introduced Teresa Zabik, the Special Events Coordinator for the City, and announced that Office Depot was the title sponsor for the Fourth of July Activity entitled "The Office Depot July 4~ Festival of Fire Works." Mr. Segal introduced Mr. Ira Kargewer from Office Depot who presented a check in the amount of $10,000 to Mayor Broening. Mayor Broening thanked Office Depot for their very generous gift. Mr. Segal urged everyone to attend the Fourth of July festivities that will feature fire works, the Wyatt Erp Wild West Show and many other surprises. The theme this year is the "We Love Our Country." Mr. Segal also thanked Office Depot for their support. C. Presentations: 1. Proclamations: 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 a. The Boynton Veterans Council Memorial Day Celebration - May 25, 2003 (Richard Prince, Commander, Boynton Beach Veterans Council) Mayor Broening read the Proclamation declaring Sunday, May 25, 2003 as the Boynton Beach Veterans Council Memodal Day Celebration to be held at 2:00 p.m. at Boynton Beach Memorial Park. b. Present a plaque to Mayor Gerald Broening from the Black History Awareness Committee Lena Rahming presented a plaque to Mayor Gerald Broening from the Black History Awareness Committee for his leadership, guidance and direction to all the citizens of Boynton Beach. Mayor Broening requested that his wife, Delores Broening, join him at the podium to accept the award. Ms. Rahming noted that Mrs. Broening was a teacher for the HeadStart program. Mayor Broening thanked Ms. Rahming for the plaque on behalf of himself and Mrs. Broening. c. Recognition of the more than 100 volunteers who participated in the 2003 Great American Clean-up held in the City of Boynton Beach on Saturday, April 12th Dan DeCarlo, Neighborhood Project Specialist, reported that the Great American Clean- up is an activity that the City has participated in for five consecutive years and this year had the greatest participation that covered the greatest area in the City. Mr. DeCarlo asked that the various groups that participated be recognized and requested that the leaders of each group come to the podium to accept the certificates for their team members. Steve Miller- CDC Peacemakers (Mr. Bressner presented pins for the recipients as well.) Suzette Urs- INCA Pastor Jacques Destine - Helping Hand Mission Organization Virgil Wilkinson - Four Sea Suns Condo Doris Jackson - Poinciana Heights Neighborhood Association Ben Bryant- MADDADS of Boynton Beach Step-Team David Johnson - International Pentecostal City Mission Church Reverend Duane Cyr- Jubilee Ministry Center Wendy Stacy - Golfview Harbour Brian Miller - Village Royale on the Green Dale Sugerman & Family Diana Barboza Cindy Sanz Myra Jones 3 .Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Commissioner McCray, on behalf of all City Districts, and especially Distdct 2, thanked everyone for participating. Commissioner McCray announced that on Tuesday afternoon he had the privilege of going to the JTC Juvenile Transition Center to attend the graduation ceremonies of the students who participated in this program. He thanked Commissioner McKoy and his wife, Stephanie McKoy, for a job well done and for bringing this great program to the city. IV. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt Iyr term to 4/04 IV McKoy Advisory Bd on Children & Youth Stu/NonVoting I yr term to 4/04 III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04Tabled (2) I Weiland Cemetery Board Alt 1 yr term to 4/04Tabled (2) III Ferguson Cemetery Board Reg 3 yr term to 4/06 Mayor Broening Code Compliance Board Alt 1 yr term to 4/04Tabled (2) Mayor Broening Education Advisory Board Alt 1 yr term to 4/04 I Weiland Education Advisory Board Reg 2 yr term to 4/05 II McCray Education Advisory Board Reg 2 yr term to 4/05 III Ferguson Education Advisory Board Stu 1 yr term to 4/04 III Ferguson Library Board Alt 1 yr term to 4/04 Mayor Broening Nuisance Abatement Board Alt 1 yr term to 4/04 I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 IV McKoy Recreation & Parks Board Reg 3 yr term to 4/06 Mayor Broening Senior Advisory Board Reg 2 yr term to 4/05 Mayor Broening Firefighters' Pension Trust Reg 2 yr term to 4/05 Vice Mayor Ferguson appointed Bob Heffeman as an Alternate Member of the Library Board. Commissioner McKoy appointed Lisa Peterfreund as a Regular Member of the Recreation and Parks Board. 4 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Commissioner Weiland appointed Dennis Osborne as a Regular Member of the Education Advisory Board. Mayor Broening :appointed David Rafkin as an Alternate Member of the Code Compliance Board. Mayor Broening moved up Olive Field from an Alternate Member to a Regular Member of the Senior Advisory Board. Mayor Broening appointed Larry Schone as a Regular Member of the Municipal Firefighter's Pension Trust. All other appointments were tabled. Motion Commissioner McCray moved to approve the appointments. Motion seconded by Commissioner McKoy and unanimously carried. 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: 1. City Commission Capital Improvement Project Workshop Meeting of April 28, 2003 2. Joint City Commission and CRA Workshop Meeting of April 29, 2003 3. Agenda Preview Conference of May 5, 2003 4. Regular City Commission Meeting of May 6, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Extend Bid #048-2511-00/KR, "TWO-YEAR LEASE CONTRACT for 24' x 60' PORTABLE OFFICE TRAILER" (for Code Compliance) to RESUN LEASING INC. in the amount of $12,000 (Proposed Resolution No. R03-083) C. Resolutions: MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 1. Proposed Resolution No. R03-084 Re: Release of cash bonds of $3,982 and $3,850 to Quarterdeck Boynton Beach, L.L.C. for the project known as the Quarterdeck Restaurant 2. ~ Proposed Resolution No. R03-085 Re: Approving Task Order 01-13 to Camp Dresser & McKee for engineering services to develop a wastewater reuse master plan for the distribution of reuse water within the City of Boynton Beach, not to exceed $62,000 3. Proposed Resolution No. R03-086 Re: Approve Task Order No. 01-14 to Camp Dresser & McKee Inc. (CDM) for Bidding Phase services and Construction Administration for the Twenty Outfall Structures Stormwater Improvements in the amount of $43,800 4. Proposed Resolution No. R03-087 Re: Release of a cash bond of $10,169.50 to Petra Builders, Inc. for the project known as Boynton Outpatient Center 5. Proposed Resolution No. R03-088 Re: Approval of contract between First Baptist Church of Boynton Beach and the City of Boynton Beach to allow the City of Boynton Beach to use the building at 309-311 N. Seacrest Boulevard for the purpose of Fire Rescue training 6. Proposed Resolution No. R03-089 Re: Funding for the construction of a 2 million gallon reuse water storage tank at the South Central Regional Wastewater Treatment and Disposal facilities in the amount of $600,000, to be divided equally between the City of Boynton Beach and the City of Delray Beach ($300,000 each) D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. The Arches (NWSP 03-002), Multiple blocks beginning at the southwest comer of Ocean Avenue and US-1 - Request site plan approval for a Mixed-Use development consisting of 276 apartment units, 31,630 square feet of retail, and 12,870 square feet of offices located on 3.515 acres F. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Staff and allow selling of same 6 Meeting Hinutes Regular City Commission f4eeting Boynton Beach, Florida Hay 20, 2003 Mayor Broening removed Item V.F because he received a card from a member of the audience. G. Approve a $500 donation to the Palm Beach County Association of Chiefs of Police, Inc. from the department's law enforcement trust fund to assist with their Association's scholarship fund H. Fund the approved incentives granted to assist the Heritage Company, Inc. for renovations at the Boynton Terrace Apartments, approved on March 6, 2001 I. Accept the wdtten report to Commission of purchases over $10,000 for the month of April 2003 for informational purposes J. Approve the plat of Murano Bay, subject to the approval of the City Engineer K. Approve allocation of Community Investment Funds requested by Mayor & Commission as follows: Poinciana Elementary School (to help defray the cost of students competing in the "Odyssey of the Mind" challenge in Iowa) Mayor Broening ($500), Vice Mayor Ferguson ($500), Commissioner McCray ($500), Commissioner McKoy ($500), and Commissioner Weiland ($2,00O) PAL 12-year old Basketball Team - Commissioner McCray ($1,000) & Commissioner McKoy ($1,000) Library- Commissioner Weiland ($4,000) Motion Vice Mayor Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. Mayor Broening announced Item V.F. Since no one responded, Mayor Broening called for a motion to approve Item V.F. Motion Vice Mayor Ferguson moved to approve Item V.F. Motion seconded by Commissioner McCray and unanimously carried. VI. CODE COMPLIANCE & LEGAL SETTLEMENTS: Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 A. Authorize a court ordered mediated settlement with Christopher Isadore, Plaintiff, in the amount of $10,188 (initial demand was $100,000) Motion Vice Mayor Ferguson moved to approve Item VI.A. Motion seconded by Commissioner McCray and unanimously carded. VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Herb Sus$, a resident of Boynton Beach, pointed out that there has been a long dry spell and asked the City to adopt some kind of voluntary or mandated water restrictions in order to avoid a drought. He felt if restrictions were enacted now, this would avoid future problems with the water situation. Mr. Suss said that three times he was denied access to the Beach because it was filled. He pointed out that he is a year-round resident, who purchased a City Beach decal, and that year-round residents should be given priority to the Beach over part-time residents. He requested that the City change the Code to allow this and that part-time residents should pay more money to use the Beach. Attorney Cherof noted that several cards were turned in late by people who wished to address the Marina development. Mayor Broening said that he would not accept the cards because they were not turned in on time. Mr. Bressner noted that since the Marina development was under City Manager's report, he requested that they be allowed to speak. Mayor Broening polled the Commission and they agreed to allow these people to speak. Mayor Broening explained that he will change the rule this time, but there is a process in place that should be adhered to. Bert Garnsey, the Captain and owner of the Sea Mist Fishing Boat, said that he spoke to the Commission a month ago regarding concerns with the new Marina Village. He was present tonight representing a group of 14 marina businesses known as the DBMA ("Downtown Boynton Marina Association") that have joined forces to protect the heritage of the City and its title "Gateway to the Gulfstream." By not providing ample, closed, public parking, the community is being locked out from the Marina Village, which was supposed to cater to the public. Without any public parking, the Gateway to the Gulfstream will become extinct. He requested that the City leaders and the Related Group work with them to find a solution to the public parking issue. He noted that they have supported the City over the years and requested that the City support and consider those families that have kept Boynton Beach unique. . MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Brian Edwards, 629 NE 9th Avenue, spoke about the Great American Clean-up. Mr. Edwards requested that trash receptacles be placed next to the public benches at bus stops that could be picked up by the City's trash collectors as they enter the neighborhoods. This would be a good way to keep the neighborhoods clean. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Serrano (~ Boynton (ANNEX 03-001) (TABLED TO 6/3/03) Agent: Julian Bryan Owner. Beth Peschl Location: West of Congress Avenue, North of the L-28 Canal Description:Request to annex a +9.74-acre parcel B. Project: Serrano ~} Boynton (LUAR 03-002) (TABLED TO 6/3/03) Agent: Julian Bryan Owner: Beth Peschl Location: West of Congress Avenue, North of the L-28 Canal Description: Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR) C. Project: Serrano ~ Boynton (LUAR 03-002) (TABLED TO 6/3/03) Agent: Julian Bryan Owner: Beth Peschl Location: West of Congress Avenue, North of the L-28 Canal Description:Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) D. Project: The Arches (LUAR 03-003) Agent: Nancy C. Graham, Urban Principles, LLC Owner: Contract Purchaser Boynton Ventures 1, LLC Location: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Description: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MXC); and Request to rezone from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) For mixed use development (commercial and residential) E. Project: The Arches (ABAN 03-002) Agent: Nancy C. Graham, Urban Principles, LLC Owner: Contract Purchaser - Boynton Ventures 1, LLC Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Location: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Description: Request abandonment of a portion of that certain 20-foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, Original Town of Boynton Mike Rumpf, Planning and Zoning Director, announced that all public hearing items for Serrano @ Boynton and The Arches have been postponed to the June 3, 2003 meeting. The postponement would still allow sufficient time for advertisement for the second reading of the Ordinances to proceed on June 17, 2003. F. Project: Club Ovation (COUS 03-002) Agent: Randy Grinter Owner: Randy Grinter, Tommy Pauletti, Tommy Kansler Location: 3637 South Federal Highway Description: Request for Conditional Use approval to allow athletic competitions in a C-3 zoning district Motion Vice Mayor Ferguson moved to table due to an error in the application. Motion seconded by Commissioner McCray and unanimously carried. Attorney Cherof stated that the item would be tabled until the June 3rd meeting. IX. CITY MANAGER'S REPORT: A. Update on Fire Station ~ Land Purchase and Site Options Mr. Bressner stated that this item deals specifically with the purchase of land in the southeast quadrant of the City for a fire station. There have been discussions with several property owners and the Commission requested that staff bring back a status report on this project and the other fire station project. The City is recommending that this station be located on property commonly known as the Hayes Clinical Laboratory property that is owned by Triple C Leasing, Inc. and Hayes Clinical is the tenant. Staff is recommending that we proceed with acquisition of this property. The Commission asked staff to look again at the Baker property, which is located at the intersection of Golf Road (23r~ Street) and Federal Highway. Mr. Bressner reported that he spoke with Mr. Baker personally regarding the acquisition of his property, and Mr. Baker indicated to him that the City was second in line and there were other entities that were interested in acquiring his property. If the City wished to wait pending the outcome of this, Mr. Baker indicated that he would consider selling the property to the City. 10 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Mr. Bressner did not think that the City could wait any longer and believed that the Triple C Leasing property would be good for the City. Its location would provide the necessary service needs for the southeast quadrant of the community. Staff is requesting that the Commission consider moving forward with this project at this time. · Mayor Broening opened the meeting to the public. Herb Suss, a resident of Boynton Beach, requested that the City move forward with purchasing the property as soon as possible. He pointed out that the railroad tracks prevent fire apparatus from crossing Federal Highway when a train crosses that creates a very dangerous situation for the residents of that area. Vice Mayor Ferguson noted that when the fire assessment was first adopted two years ago, it was determined that a fire station is needed in the southeast quadrant of the City, preferably east of the railroad tracks. Vice Mayor Ferguson took exception to this and said the only reason he voted for the assessment was that it was wrftten in concrete that there would be a station in the southeast quadrant. He noted that there is currently $6.1 million available for this purpose. He wants this to move forward immediately and he feels that the Baker property would be a better location than the Hayes Clinical prope~y. He further pointed out that they are acquiring the Hayes property through eminent domain and the Baker property owner is a willing seller. He also noted that the Baker property could be vacated 90 days after the contract is signed, which would not be the case with the Hayes property. The total construction cost is $~3.1 million, $200,000 of which is needed to upgrade the traffic lights. He felt the pdce for the traffic lights was totally unrealistic and should cost no more than $50,000 to $100,000. Mr. Bressner noted that staff was asked to pursue the negotiation and yet there are multiple parties talking to the property owner regarding the purchase of his property. Mr. Bressner felt that this has resulted in the property owner not selling because he feels that there are vadous people wing for his property. Mr. Bressner also had assumed that it was staff's responsibility to do the land acquisition, and even though the Baker property would be a good site, his conversation with the property owner indicated that he was not interested in selling. Commissioner McKoy said public safety should be the concern of everyone and time is of the essence. He noted that the project has been on the board for two years and he would like the City to move forward. Commissioner Weiland inquired how the building on the Hayes site would be utilized. Mr. Bressner asked Chief Bingham to provide this information. Chief Bingham indicated that their report contained some proposed uses for the building. 11 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 · The building could be used for office space and the fire station could be built directly onto the building. · The building could be used for something else. · The building could be razed and the land could be used as part of the fire station or the City could use the Federal Highway frontage for something in the future. Commissioner Weiland also suggested that the front portion of the property could be sold to recoup some of the City's money. Chief Bingham responded that the site consists of 1.9 acres and it has been determined that 1.5 to 1.6 acres of land would be needed to build a quality, 3-bay, single-story fire station and there would be land available for future expansion. Chief Bingham pointed out that the Baker site's total acreage is only 1.4 acres. Mayor Broening noted that the safety of the residents is paramount and the Commission needs to move forward expeditiously. Motion Commissioner McCray moved for affirmation of the Hayes Clinical site. Motion seconded by Commissioner McKoy and carried 4-1 (Vice Mayor Ferguson dissenting.) B. Review of Fire Station #2 Location Options Mr. Bressner explained that this fire station would be located in the southwest quadrant of the City and that staff is proposing a change that had previously been discussed in 2001. 1. Originally it was intended that Fire Station #2 on Congress Avenue, just north of Golf Road, be refurbished. After looking at this long term, staff determined that there was a better alternative since there was a 3.21 acre piece of property that had been platted as part of the Quail Run PUD for recreational use. 2. After examining the documents, staff determined that the property owner did not convey the property to the City and through some title work, the City obtained title to the property at no cost. In order for the site to be used for a fire station it has to be rezoned to public use. The City has been using this property for many years and the Utility Department has a pump station and a ground storage water reservoir on the site. 3. Staff has determined that it would be advantageous to locate the station at this site because it would allow for the construction of a single story building, which is much more functional than a two-story building. An analysis of the call data indicated that the Woolbdght location is further central to the majodty of the fire calls for Station #2 and would allow for a better response time. Also, by moving the fire station slightly north, the current insurance gap between stations 2 and 3 for the Mall would be eliminated. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 4. Currently, the emergency operating center is located at the East Plant, which in 1928 was under water. The City would be able to obtain funding to provide a functional emergency operating center that would not be located in a hurricane zone. 5. With regard to office space, instead of relocating office space to the northeast fire station as originally planned in 2001, the possibility exists that the administrative offices may be located from Station #1 to the new fire station. Mr. Bressner pointed out that while the new Station #2 is under construction, the current Station #2 would remain operational so there would be no gap in services. Mr. Bressner presented a comparison of the costs of refurbishing the current Station #2 and building a new Station #2. The original project costs in 2001 for all the improvements was $9.7 million. · With reconfiguration, with the additional land cost, is $11.8 million. · This is a difference of $2 million. · $307,000 is directly attributable to building cost increases. · Design costs increased by $51,000. · Land costs increased by $600,000 for Station #.4. The odginal budgeted figure was $750,000 and the actual costs are now $1.5 million. · By eliminating the administrative offices at Station #1, it was not necessary to purchase more land in the northeast quadrant, which provides an offset. · Contingency amounts were not included in the 2001 estimates, which is $477,000 and there were no costs in 2001 for modification to the traffic signal systems. · The actual building costs only went up approximately $300,000. Chief Ness presented a comparison of costs for 2001 versus 2003 prepared by staff. For informational purposes, statistics on call data were displayed on the overhead screen. Commissioner Weiland felt that the reason it took so long to purchase property was due to typical governmental bureaucracy. He did not think that there was much difference in the location from the current Station #2 to the location of the new Station #2. Chief Bingham stated that the distance was one-half mile. Also, he noted that in order to cross Congress from the new location, there is a traffic light at Woolbright and Congress that would have to be crossed. He did not think that there would be much difference in response time between these two locations and questioned if it was necessary to relocate the current station #2. Commissioner Weiland asked what the City intended to do with the property if the current Station #2 were in fact relocated. He felt that Station ~2 should have been remodeled by this time and he would like to see something happen. 13 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Chief Bingham pointed out that Station #2 was built in 1972 to accommodate two to three personnel and one or two pieces of fire apparatus. Aisc, the station cannot accommodate both genders and sits on less than one-half acre of land. When the assessment was first enacted, it was not staff's intention to look for land to build a new Station #2. Chief Bingham stated that they could put the money into the current station and they could have an adequate fire station to meet today's needs. Chief Bingham pointed out that as the City grows and the call volume increases, the City is going to have to provide additional fire and police services. He felt it would be wiser to build a better station on a larger site to meet the expansion needs down the line. By building smarter fire stations, this would avoid having to build additional stations in the future. Commissioner McCray would like assurances that the northeast quadrant of the City would not be left out when it comes to expansion of fire services. Bob Ensler, 26 Woods Lane, fully supports staff to move ahead with the proposed plans for not only fire services, but for water supplies, sewer service and police. He said that we need to listen to the professionals. Mr. Ensler pointed out that by building a new Station #2, it would be taking away land intended for recreation. He would like to see more recreational facilities for people in this area of the City, and for the City to consider changing the use where the current Station #2 is located to recreation. Herb Suss, a resident of Boynton Beach, did not think that putting money into Station #2 that was built in the 70s was realistic and did not make sense. He would like the City to move forward with relocating the station to the new site on Woolbdght. Mr. Suss would also like to see a community room included in the new Station #2. Chief Bingham responded that there is a community room in Station #3 that is used by the public, and he anticipated that there would be a community room in the new station. Mr. Suss pointed out that this would be an additional benefit to the community. He was in favor of building a new Station Motion Commissioner McCray moved to approve the relocation of Station #2 from Congress Avenue to Woolbdght Road and to move administrative office space from Station #1. Motion seconded by Vice Mayor Ferguson and unanimously carded. Vice Mayor Ferguson requested that the Commission be furnished with the handouts prior to the meetings to provide them the opportunity to read them. Mr. Bressner apologized and said that he only received the request for this information today and did not have it ready until almost 5:00 p.m. tonight. C. Discussion of Purchase of Jaycee Park Parcel from Florida Inland Navigation Distdct - suggested offer of $2.2M Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Hay 20, 2003 Mr. Bressner explained that this is a 5.57-acre of land that is currently owned by the Florida Inland Navigation Distdct (FIND), which the City has been leasing since 1964. The property is located on the east side of Federal Highway and along the Intracoastal and is currently-known as Jaycee Park, between the communities of Seagate and Colonial Club. The City was informed in 2002 by FIND that they no longer needed this property. Florida Statutes provide when FIND has vacant property, there is a requirement that it first be offered to the State, then the County and lastly to the municipality. There is a concurrent 60 day waiting pedod, which has now passed Last year, when the County was proposing the bond issue for the library, parks and cultural improvements, Boynton Beach was one of several communities that presented detailed '~vish lists" to the County. Through the efforts of Commissioners Greene and McCarty, the City received $1 million from each Commissioner and the $1 million from Commissioner McCarty was to help fund the purchase of this property. Therefore, there is already $1 million available, subject to an Intedocal Agreement. Commissioner Greene's $1 million is earmarked for the Wilson Center. FIND originally informed the City that the property was worth $2.2 million and the City agreed with this figure. However, after meeting with Mr. Roche of FIND, Mr. Bressner was informed that FIND felt the property was based on fair market value between $3.6 and $4.2 million. Mr. Bressner said that this was more than what was anticipated and asked if Mr. Roche could come up with another figure. Mr. Roche informed him that he needed to know by July if the City would be purchasing the land, and if not, it would go on the market for development purposes. Mr. Bressner, as well as Mr. Roche, feels that the best use for the property is not to allow it to go for development. Mr. Bressner said that an offer has to be forwarded to FIND by July, and he suggested the amount of $2.2 million, which was the value of the property. He was hoping that FIND would realize that the property would be preserved for open space and kept from development. Mr. Bressner asked the Commission how they would like staff to proceed. Commissioner Weiland inquired if the $1 million from Commissioner McCarty had any strings attached to it and if it was the County's desire that more boat ramps be added. Commissioner Weiland would like to see this property used for passive recreation. Vice Mayor Ferguson would like to move on this as fast as possible and felt that at $3.6 million it was well worth it. Vice Mayor Ferguson thought that the County was looking at property along the Intracoastal, near McDonald's Restaurant, that could be used for additional boat ramps. Motion Commissioner McCray moved to authorize staff to go ahead and offer FIND $2.2 million for the property. Motion seconded by Vice Mayor Ferguson. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 Mayor Broening noted that he served on the County's Boating Needs Assessment Committee as a representative from the Palm Beach County League of Cities and he acknowledged that there is a countywide shortage in boat ramps. Mayor Broening pointed out that~the City of Boynton Beach is already providing one-third of the boat launch ramps not only for the County, but also for the region. Mayor Broening pointed .out that it was determined that the location is not conducive from a boating standpoint. Mr. Bressner requested that Commissioner McCray amend his motion to state that the City has reservations about using the property for boat launch purposes when the offer is made. Commissioner McCray agreed to amend his motion, which was seconded by Vice Mayor Ferguson. Vote Motion carried 5-0. D. Discussion of Cash in Lieu Formula for Off-street Parking in CBD Area Mr. Bressner referred to Ordinance No. O1-30 that dealt with the fee-in-lieu of parking for the CBD. The current fee is $1,000 until September 30, 2003, which is Iow and was imposed to attract developers. Mr. Bressner reported that in 2001, the City Commission 'adopted the Ordinance for developers that could not meet the parking requirements in the CBD area, which encompasses approximately 80 acres in the downtown core area. The Ordinance allows developers that cannot meet the parking requirements to provide a fee in lieu of payment, which is nonrefundable. He pointed out that there are possibly six developments pending in the downtown area. It appears that this issue now needs to be addressed by the CRA. Therefore, staff is recommending that the item be referred back to the CRA for a public hearing so that the rate structure could be changed. Vice Mayor Ferguson requested that Mr. Bressner review the proposed new figures and Mr. Bressner read the information contained on the agenda cover sheet that recommends increasing the fees as follows: Fee until October 2, 2003 $ 7,500/space Fee until October 1, 2004 $10,O00/space Fee until October 1, 2005 $14,000 space Fee until October 1, 2006 $15,000/space Mr. Bressner also pointed out that the CRA can underwrite all or part of the fees as an incentive for the developer. He also noted that a parking space in a parking deck costs approximately $12,000 to $15,000 per space, exclusive of the cost of the land and operating and maintenance costs. Motion Vice Chair Ferguson moved for approval to send the item to the CRA. MotiOn seconded by Commissioner McCray and unanimously carried. 16 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 RECESS WAS DECLARED AT 8:05 P.M. THE MEETINO RECONVENED AT 8:20 P.M. E. Discussion of Marina Development Agreement Mr. Bressner reported that The Related Group, the developer of the Marina Project, has requested that the Development Agreement be dissolved and has forwarded a letter to the City with this request. Attorney Perry, who represents DSS Properties Ltd and Two Georges Restaurant, has requested that the Agreement not be dissolved. Staff's greatest concern is the parking issue and a meeting was held last week that was attended by representatives of Related, Two Georges, the Sea Mist Boat, Banana Boat and the Ocean Plaza, along with City staff. The issues discussed were (1) the parking and the issue that the employees of these businesses were parking in front of those businesses. It was agreed that the City, the CRA and the businesses would work together to find parking spaces for the employees that work at these establishments. (2) The Development Agreement contemplated that there would be an additional 145 parking spaces in a deck. He pointed out that the plan approved by I~e Commission no longer contains these spaces. Therefore, there is a need to come up with additional parking that was approved above and beyond the approved site plan. Gerry Knight, an Attorney representing The Related Group, referred to his letter in the agenda backup requesting that the Development Agreement be terminated and placed on the City agenda. He stated that there was a consensus among City staff and the developer that the agreement should be terminated since it is no longer applicable or relevant. He noted that the plan that the agreement was based upon was three site plans ago, which was the Garcia site plan that was approved in 2000. That site plan was modified by the Jarvis site plan and the new Related site plan that was just approved by the City Commission. Mr. Knight noted that the agreement provided for economic incentives, which the City has not provided, and they are not asking for any further economic incentives. To Mr. Knight, the agreement does not make sense as it applies to this development. He would like the Development Agreement to be mutually terminated between the City and the developer. The original agreement called for public parking as part of the required parking, but the Jarvis site plan and their site plan did not and, therefore, this is no longer relevant. With regard to the Mediation Agreement mentioned in Attorney Perry's letter, Mr. Knight noted that the parties were, the City, their predecessor and Mr. Perry's client; however, Mr. Perry's client is not a party to the Development Agreement. The public parking spaces were not referred to in Mediation Agreement and have nothing to do with the subject matter. Mr. Knight requested that the Development Agreement be terminated. Attorney Marty Perry, representing DSS Properties and Two Georges Restaurant disagreed with Mr. Knight's assessment that Related is not a party to the Mediation Agreement and he felt that the Court that has jurisdiction over the Agreement would 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 also disagree with Mr. Knight. Attorney Perry stated that The Related Group is a party to the Declaration of Easements Agreement that affects the issue of parking on Casa Loma Boulevard and affects the rights of the public. He stated that approval of the site plan is a violation of this agreement. Mr. Perry pointed out that the changes in the Development Agreement in 2000 were referenced in the Mediation Agreement. Attorney Perry stated that they are willing to work to find a solution to the parking and if this cannot be done, they intend to enforce their rights in accordance with the Mediation Agreement and under the Declaration of Easements. He did not think that voiding the Development Agreement was the solution to the parking. Mayor Broening opened the meeting to the public. Bert Garnsey pointed out that people come from all areas to use the boat ramps in the City and there are 14 businesses that make their living off these boat ramps. Claire Johnson owns a business at the marina and was present representing the 14 downtown madna businesses that have joined together with the CRA and BODA to work in solving the parking problems. The lack of parking in the Boynton Madna is being felt everyday and all businesses are being hurt. Until recently, public parking was taken into consideration and included in the Marina development. He felt that another level on the parking garage would help alleviate the shortage of parking in the Madna district. He requested that The Related Group come to the table to work on the parking issue and become a party to the solution. He would like to see the project move forward without any significant delays, and he felt that it was in everybody's interest to come to a solution to the parking problem. Bonnie Miskel, an Attorney who also represents The Related Company, acknowledged that there are many current businesses that have not provided parking. She felt that the City was wrong to place the burden of correcting the shortage of parking on private developers. If this was the City's policy, she felt that this would be a deterrent to future development. Ms. Miskel pointed out that the site plan they submitted was approved along with the proposed parking to serve the project. They have also included many common amenities that would benefit the public as a gesture to be a good neighbor. She felt that it was the CRA's responsibility to address public parking. She indicated that they would be willing to participate in any meetings as an interested landowner. She also felt that the Development Agreement was no longer in effect. Vice Mayor Ferguson acknowledged that there is a need for more parking in the Marina area, which could be solved by adding another floor to the garage. This would allow for additional parking spaces at a cost of approximately $1.5 million. He offered the following solution: ," The Related Group would contribute approximately one-third, or $500,000; v' The CRA would contribute $500,000; 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 ~' The four adjacent property owner groups, i.e., Ocean Plaza, The Arches, Kaleel project, and the 14 property owners contribute the remainder. Commissioner McCray thanked the small businesses in the downtown area for keeping the City going. He pointed out that The Arches were given incentives, which was not done for The Related Group. Commissioner McCray would like to see what the City could do to assist with the money needed for the parking. He did not want to see any businesses pushed out by any developers. Commissioner McKoy agreed with Vice Mayor Ferguson regarding shadng the expense to solve the problem. He would like to see everyone work as a team to reach a common goal, which is to provide adequate parking for every person who wants to come to Boynton Beach. Attorney Cherof spoke about the Development Agreement and stated that the comments made tonight were the views of the individual speakers. Attorney Cherof confirmed that the City met with representatives of the developer and other interested parties. Mr. Bressner asked the business owners to bdng some suggestions to the table. To date, only one has been received from Attorney Perry, which sets forth a method of resolving the dispute in its entirety. Attorney Cherof suggested that the matter be tabled to allow the interested parties to meet in a more favorable arena to discuss settlement, which he felt Mr. Bressner would be glad to arrange. Commissioner Weiland said that he was informed that staff felt that the Development Agreement was voided because the prior developer did not complete their obligations. He agreed that putting another floor or two on the garage would solve the problem, but who is responsible for the cost is a different question. Commissioner Weiland did not think that the issue was whether the developer would be providing future parking, but whether the Development Agreement was still in effect. Mayor Broening pointed out that the current Marina agreement goes back 12 years and that three site plans have been formally considered by the Commissions, some of which were good and some of which were bad to achieve the overall objective of the City to provide a place where people could congregate and work. Mayor Broening felt the purpose of the Development Agreement was to work out the issues among the parties. He pointed out that the CRA and this Commission approved the current site plan and that the current site plan does not match the Development Agreement. The question is whether the developer has the responsibility to provide parking for existing business. This needs to be determined. He agreed with the possible solution that Vice Mayor Ferguson presented, although he did not agree with the figures. Mayor Broening felt the site plan was of great quality, as well as the improvements that the Two Georges has made. It was now time for the parties to meet again and that the parking issue could be delayed a little longer; however, does not want to see the project 19 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 held up at all. He pointed out that the City abandoned Casa Loma Boulevard to the businesses on the south side in attempt to keep the project going. Dale Sugerman,_ Assistant City Manager, noted that of all the documents that have been developed over the past eight years, the only two people here tonight who have been involved in the agreements are himself and Mr. Cherof. Mr. Sugerman pointed out that the City has paid over $100,000 into this development, even though they were not made available to The Related Company. He did not think that the Development Agreement is null and void and he met with the key representatives for The Related Group before they closed on the property and disclosed his position verbally and in writing. He also furnished them copies of the Development Agreement and informed them that they had obligations if they were to acquire the property. Commissioner Weiland requested that the Commissioners be furnished with a copy of that letter, which Mr. Sugerman said he would supply. Mr. Sugerman felt that all the parties were in default under the Agreement, but he does not think that any staff member ever declared the Agreement null and void. Commissioner Weiland asked how much time is the City supposed to spend on a private parking issue. Attorney Cherof responded that the City has spent thousands of hours addressing the pdvate parking concerns and the Commission over the years has always responded to those concerns and has accommodated every request that was brought before them. Attorney Knight rebutted that the Development Agreement is tied to a defunct site plan and was the subject of two major modifications, neither of which provided for any public parking. He pointed out that both the CRA and the Commission approved the parking that provided no public parking spaces; thus the Development Agreement is no longer relevant to this project. He respectfully requested that it be terminated. Commissioner Weiland offered that at one time a former City Commission offered $750,000 to the project for downtown parking, but it was never accepted. Commissioner McCray pointed out that since all the parties were present, he did not see the urgency to terminate the Development Agreement now. He would like the parties to go back to the table to work out their differences. Motion Commissioner McCray moved to table for consideration. Motion seconded by Vice Mayor Ferguson and unanimously carried. X. FUTURE AGENDA ITEMS: A. Follow-up Discussion on Capital Improvement Project Priorities and Funding Mechanisms (June 3, 2003) 20 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 B. Review of Haitian Alliance Church Site Plan (June 3, 2003) C. Report on Renewal of City Health insurance Program (June 3 or June 17, 2003) D. Review of City Bidding Procedures (June 17, 2003) E. Review of Annexation Enclaves (June 17, 2003) F. Report on Bottling of City Water (June 17, 2003) G. Firefighter Sculpture Presentation (July 15, 2003) H. Budget Discussion Workshops (July 15, 16 and 17, 2003) I. Follow-up Meeting with CRA on Development Issues (August 2003) J. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) K. First Budget Hearing (September 9, 2003) L. Second Budget Hearing (September 16, 2003) M. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) With regard to Item X.M., Commissioner McCray requested that when the letter from HUD is received, it be presented to the City Commission and that the minutes be provided to the Commission that approved the $7,500. Xl, NEW BUSINESS: A. Approve the Special Event Permit request for Shepherd/Pearsall rehearsal dinner at Mangrove Walk at the Marina On August 1,2003 Motion Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner Weiland and unanimously carried. Vice Mayor Ferguson requested that the Code be changed so that the Commission did not have to approve these kinds of requests. Mayor Broening recommended that the Code be changed accordingly. 21 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 B. Discussion regarding Commissioner's attendance at a Workforce Alliance Board of Directors meeting Commissioner McKoy raised concerns regarding the business conduct of the Commission. He noted that a Commissioner attended a Workforce Alliance Board Meeting, and he provided a copy of the minutes of that meeting. Commissioner McKoy is concerned that the Commission should be held accountable for their actions. He referred to the State Ethics Board that governs the conduct of this Commission and asked if the City has a policy that governs how the Commissioners should conduct City business. Attorney Cherof responded that there is no policy in place. Commissioner McKoy requested that the issue be reviewed and that staff bdng forward some recommendations for the entire Commission. C. Proposed Ordinance Establishing Guidelines for Verifying Qualifications of Advisory Board Members Attorney Cherof noted that occasionally the qualifications of Board members might not have been 'entirely accurate. There are no guidelines in the Code for the appointment of Board members with regard to their qualifications. The proposed Ordinance would provide that a person could not be appointed to a Board without first submitting an application. The City Commission, City Attorney's Office and the City Clerk's Office would design the form and it would be uniform in nature. The City Clerk would be required to review the application for completeness prior to its submission to the Commission for review. Before being appointed, any Commission member could ask for clarification or confirmation of qualifications contained on an application and no person would be appointed until the confirmation is received. After a person is appointed, the City Commissioners individually could ask for written confirmation of qualifications if an issue arose regarding that person's qualifications. At this point, the City Clerk would inform the Board Member and the other Commissioners that a Commissioner has made an inquiry. The Board member would have 30 days to provide evidence of their qualifications. If the Board member fails to provide the requested information, they would automatically forfeit their position on the Board and would not be subject to reappointment to any Board for a pedod of 36 months. Commissioner McCray noted that the language on the application reads: "1 hereby certify that the statements provided herein are true and accurate and I understand that if appointed, any false statements may be cause for removal from the Board." Attorney Cherof will add this language to the Ordinance. Motion Vice Mayor Ferguson moved that this move forward as an Ordinance. Motion seconded by Commissioner McKoy and unanimously carried. 22 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Xll. LEGAL: A. Ordinences - 2nd Reeding - PUBLIC HEARING 1. ~ Proposed Ordinence No. 03-011S Re: Amending the Land Development Regulations, Chapter 1. Definitions, by adding definitions for: "Athletic Competitions," "Amusement Arcede," "Billierd Hell," "Bowling Alley," "Gymnesium/Heelth Club," "Shooting Renge, Indoor," "Sketing Rink," and Chepter 2. Zoning, Section 6.C.1 .m, by edding "Athletic Competitions" as e conditional use and creeting seperete use groups for indoor recreation uses and outdoor recreation uses Attorney Cherof pointed out thet as e result of Commission discussions during the first reading, the Ordinence hes been amended under Article II, Definitions, and the definition of "Athletic Competitions" hes been chenged. Therefore, e motion to emend the definition of "Athletic Competitions" as set forth in the dreft Ordinence is necessery, followed by e motion to approve the Ordinence. Motion Vice Meyor Ferguson moved to amend the definition of "Athletic Competitions" as set forth in the dreft Ordinance. Motion seconded by Commissioner McCray end unanimously cerried. Motion Vice Meyor Ferguson moved to approve proposed Ordinence No. 03-016.. Motion seconded by Commissioner McCrey. Deputy City Clerk GlJnski c~lled the roll and the motion cerrJed unenimously. 2. Proposed Ordinence No. 03-017 Re: Amending Chapter 9, "Fire Protection end Prevention" of the Code of Ordinances by amending Section 9-18, "Fireworks" to provide for prohibition of the use of pyrotechnic speciel effects, flame effects, or similar devices inside buildings or other enclosed spaces Attorney Cherof reed proposed OrdJnence No. 03-017 by title only. Motion Vice Meyor Ferguson moved to approve proposed Ordinence No. 03-017. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski c~lled the roll and the motion cerried unanimously. 23 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 B. Ordinances - 1st Reading 1. Proposed Ordinance No. 03-018 Re: Amending Part III of the Code of Ordinances, entitled "Land Development Regulations," to provide for the City Engineer to take action with respect to technical services provided by the Engineering Division of the Department of Public Works and amending Part III to provide for the deletion of obsolete language, and clarification of existing provisions Attorney Cherof road proposed Ordinance No. 03-018 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-018. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carded unanimously. C. Resolutions: None D. Other: 1. Set a closed-door session to discuss pending cases Attorney Cherof explained that he is required under State Statute to request publicly when he would like to meet with the Commissioners privately, as well as the City Manager to seek advice regarding pending litigation. There are three cases that he would like to discuss as follows: (1) The City of Boynton Beach vs. Barcelona Pro-cast, Inc.; (2) Boynton Beach Alliance; and (3) Vincent Molle and Adene Molle versus the City of Boynton Beach. Attorney Cherof stated that it was not necessary to set a date tonight and that the City Manager's Office will contact the Commissioners for available dates. XlII, UNFINISHED BUSINESS: None 24 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 XlV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 9:20 p.m. CITY OF BOYNTON BEACH Mayor Vice Mayor ATTEST: Commissioner City Clerk Commissioner Recording Secretary Commissioner (May 23,2003) 25 V.-CONSENT AGENDA · * O FI'EM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date ~nal Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates ~' i~, to CRv Clerk's Office M~Un~ Data in to City Clerk's Office ["']* April 1, 2003 Match 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 Match 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) c-.~ [] May6, 2003 April la,, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) -~"'< [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) ['-] Administrative [] Legal NATURI~ OF [] Announcement [] New Business .. AGENDAITEM [] City Manager's Report [] Presentation u:) .~-~ [] Consent Agenda [] Public Heating [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award "ANNUAL CONTRACT FOR HARDWARE SUPPLIES", BID~$.1412-031CJD to various vendors, as per staff's recommendation, with'an estimated annual expenditure of: $50,000.00. CONTRACT PERIOD: JUNE 3, 2003 TO JUNE 2, 2004 EXPLANATION: The purpose of this bid is to establish firm prices for the purchase of Hardware supplies for the Warehouse stocked/supply, to have on hand or supply to the using department for their everyday tasks. On April 15, 2003, Procurement Services opened the above mentioned bid and received fourteen (14) proposa~ The evaluating factors used in determining the award was: pric~, availability, delivery time and warehouse processing time. This is a "Multi-Award" and all recommended vendors are considered to b~ the "lowest, most responsible, responsive bidders that meet specifications". Domini¢ De Mauro, W~r~hous~ Manager concurs with thtn request (see attached memo with a summary Tabulation Sheet). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the b~t interest of the City. PROGRAM IMPACT: Thla bid will allow Warehouse Division to order inventory for hand tool~, lawn and garden supplies, tapes, mower and ed~in~ suppli~, paint and painting suppll~, etc. on an "As Needed Basis". FISCAL IMPACT: BI, ID~ ACCOUNT #: F_~TIMATED EXPENDITURE.'. 502.0000-141.0000 $50,000.00 Depu~ty Director of Financial Services Ctty Manager s Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BU~RMS~AGENDA rl~M RI~QUFrST FORIVI.DOC C: Dominic D~ Mauro - Watehous~ Mana$~ The City of Boynton Beach Finance Department II/~ REHOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager ~ DATE: May 13, 2003 SUBJECT: Hardware bid I reviewed the tabulation sheet sent from your office. The evaluating factor used was price, availability, delivery time and warehouse processing time. My recommendation is a multi award to low vendors. HAND TOOLS Grainger 1,2,3.4.5,6,16,18,21,22,23,24 Action Bolt and Tool 7,10,11,12,17,19,20 Maintenance Warehouse 8 Ace Hardware 9 Rinker 13,14,15 Blades and Bits National Waterworks 25,26,27 Grainger 28,30 Rinker 29,31 Lawn and Garden Action Bolt& Tool 32 Maintenance Warehouse 33,39,41,42 Grainger 34,37 Ace Hardware 35,40 Industrial Supply 36,38,44 Rinker 43 Hardware page two Type Florida Bolt and Nut 4.5,46 Grainger 47 Mower and Edger Supplies Maintenance Warehouse 48 Acton Bolt Tool 49 Paint and Painting Equipment Grainger 50,51,52,53,63 Industrial Supplies 54,55,56,57,60,61 Action Bolt & Tool 58,59,68 Rinker 62,67 Ace Hardware 64 Safety Zone Specialists Inc 65 No bids received for this item. 66 FLASHLIGHTS AND BATTERIES Matronics 69,70,71,72,73,74 Maintenance Warehouse 75,76 BUILDING SUPPLIES Rinker 79,80, Brown Distributing 81 Grainger 82,83 Items 77,78 no award. Miscellaneous Products Industrial Supplies Company 84 Grainger 85,86,94 Southern Star Fasteners 87 Rinker 88,91,92,93 Maintenance Warehouse 89 Action Bolt & tool 90 BID NAME: ANNUAL CONTRACT FOR HARDWARE SUPPLIES BID NUMBER: 045-1412-03/CJD COMMISSION AGENDA: JUNE 2, 2003 BROADCAST LIST: 966 VENDORS - DEMANDSTAR 17 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MF.,MB~S~ IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 86 VENDORS PLANHO~ERS ARE VENDORS THAT OBTAINED A COPY OF THE BID DOCKS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 14 VENDORS BIDS REPRESENT TI-IE NUMBER OF PLANHOLDERS THAT ACTUALLY SUB~ BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT ACCESS DATABASE SHOWING VENDORS WHO WERE NOTIFIED BY INVITATION TO BID. BID #: 045-1412-03/CJD BROADCAST LIST - 17 VENDORS (PROCUREMENT DATABASE) ACTION BOLT AND TOOL GRAINGER 2051 W. BLUE HERON BLVD. 1800 FLORE)A MANGO ROAD WEST P,~LM BEACH, FL 33404 WEST PALM BEACH, FL 33409 ACE HARDWARE ~ HANNA PAIIVI' & HARDWARE 510 E. BOYNTON BEACH. BLVD. 4343 N. ANDREWS AVENUE BOYNTON BEACH, FL 33435 Fr. LAUDERD,~I.K, FL 33309 SHERWIN WILLIAMS ACE LOCK & SECURITY SUPPLY 440 N.E. 5TM AVENUE 565 RAHWAY AVENUE D~I RAY BEACH, FL 33~?.a. UNION, NJ 07083 ALEXANDER'S/LEEVERALL, INC. BROWN DISTRIBUTING 44 PERSHING DRIVE 547 N.E. 42t~ STREET ANSONIA, CT 06401 P'T. LAUDERDAI.F., FL 33334 TI-IE FASTENAL CO. FLORIDA BOLT & NUT COMPANY 1505 POINSETTIA DRIVE, BAY # 1 3875 FISCAL COURT Dg.I.RAY BEACH, FL 33~ RIVIERA BEACH, FL 33404 GAMBER-JOHNSON HOME DEPOT 3001 BORHAM AVENUE 1500 S.W. 8TM STREET STEVENS POn'qT, WI 54481 BOYNTON BEACH, FL 33426 LOWE'S HOME IMPROVEMENT WAREHOUSE MAINTENANCE WAREHOUSE 1500 CORPORATE DRIVE 10641 SCRIPPS SUMM1T COURT BOYNTON BEACH; FL 33426 SAN DIEGO, CA 92131 MARTRONICS, INC. SATELLITE INDUSTRIES, INC. P.O. BOX 870607 234 S.W. 32t'm STREET . MORROW, GA 30287 Fr. LAUDERDALE, FL 33308 SOUTtO~RN STAR FASTENERS CO., INC. 44OO HUNTING TRAIL LAKE WORTH, FL 33467 Planholders List I~lember Name City of Boynton Beach Bid Number [TB-045-1412-03/C30-0-2003/CD Bid Name ANNUAL CONTRACT FOP, HAP,DWAP,E SUPPLIES Number of Documents for this I (Not Including Plans) bid 86 Planholder(s) found. Doc Attributes Actions Supplier Name Phone Fax Count U.S. Wholesale Pipe & Tube, Inc. (727) 945- (727) 943- L 0ocuments 9060 9970 RANEY'S TRUCK CENTER INC (352) 867- (352) 867- 1 Oocuments 1982 1030 (800) 785- (800) 581- i Oocuments Constructionjournal.com 5165 7204 (954) 981- (954) 963- 1 Documents ACE PUMP & SUPPLY 7424 2289 (800) 578- (800) 589- ~. I~ocuments Troxell Communications [nc 8858 5939 (800) 243- (800) 934- I 1. Small Documents MODERN SCHOOL SUPPLIES INC 2329 7206 Business DIVERSIFIED LIFTING SYSTEMS (813) 248- (813) 241- 1 Documents INC 2299 8241 American Safety Utility (704) 482- (704) 481- 1 Oqcurnents Corporation 0601 0450 (800) 792- (813) 621- i Documents Pyramid School Products 2644 7688 Jerry's Vacuum & 3anitorial Supply (352) 360- (352) 360- :t Documents 0234 0885 (800) 321- (440) 783- 1 Docurnents Lesco, Inc. 5325 4528 (863) 984- (863) 984- i Documents Safety Zone Specialists, Inc. 1385 0058 (562) 923- (562) 923- i Documents U.S. Traffic Corporation 9600 7555 (904) 783- (904) 783- I 0Ocuments Florida Transcor, Inc 3302 0292 1. Small Business (954) 746- (954) 748- 1 2. Woman Documents C & B Industrial Safety Products 7373 7472 Owned (908) 688- (908) 688- 1 Documents Ace Lock And Security Supply 7666 2442 AIItel Communications Products, (678) 351- (678) 35[- I Do<;uments Inc. 5210 8400 http:~~www~demandstar~c~m/buy~r/bids~P~anh~~der-List~asp ?F=s~arch&-PU=% 2Fbuyer%~~~ 5/19/2003 (800) 345- (281) 292- i 1. Small Documents! Traffic Parts [nc 6329 0088 Business (800) 282- (800) 447- i Documents Southern Lock & Supply Company 2837 2299 (770) 968- (770) 968- i Documents Hartronics, [nc. 4087 1253 ~ (407) 843- (407) 648- 1 Documents Hunicipal Equipment Co 3071 4142 (800) 329- (941) 262- 1 Documents Municipal Supply & Sign Company 5366 4645 (813) 854- (813) 854- i 1. Woman Documents Data America 3577 4398 Owned (321) 254- (321) 259- I 0ocuments Daytona 8olt & Nut 6535 7432 (813) 989- (813) 988- 1' Documents Ferguson Underground 3082 6853 (972) 647- (972) 641- I I~ocuments Centerllne Supply, Ltd. 8300 1221 Haintenance Warehouse a Home (813) 933- (813) 933- I [~x:uments Depot Company 8435 8745 (800) 800- (603) 683- I Documents GovConnection, Inc. 0019 0108 (727) 535- (727) 535- I Documents lim & Slims Tool Supply 5661 3841 (305) 365- (305) 365- 1 1. Woman Documents Supplies Inc. 6542 7673 Owned Consolidated Electrical Distributors, (954) 566- (954) 566- I Documents Inc. 8118 9554 (863) 683- (850) 514- I Documents Mainline Information Systems, [nc. 8973 4596 (800) 882- (866) 882- i 1. Hispanic Documents United Data Technologies, Inc 9919 0436 Owned (770) 255- (770) 442- 1 DOcuments Iohn Oeere Landscapes 2151 3411 (216) 249- (216) 249- 1 1. African Documents Products Inc. 1900 1925 American Owned 1. African Professional Diversified Services, (321) 751- (321) 751- I American Owned ~ Inc. 0100 2970 2. Small Business (620) 231- (620) 231- 1 Documents PITSCO INC 0010 3257 (904) 359- (904) 353- 1 1. Small Documents Allied Plastics Co, Inc. 0386 4746 Business 1. Small Business (817) 831- (817) 831- I 2. Veteran Documents Builders Supply, Inc. 6423 8768 Owned (800) 746- (800) 746- I Documents ~rime Vendor, [nc. 9554 8307 (513) 851- I 1. African Documents LARRY HAGGINS & ASSOC. 9927 American Owned (954) 972- (954) 972- http://www.demandstar.c~m/buyer~~ids/P~anh~~der-List.asp?F--search&-PU-.%2Fbuyer%... 5/19/2003 AAA Tool & Supply 1381 1567 I Documents (305) 383- (305) 388- 1. Small Matthew Opperman Co., [nc. 3929 9162 [ Business Documents 1. Small Business (607) 648- (607) 648- i 2. Woman Documents Apex Pinnacle 5889 5172 Owned ACT[ON BOLT AND TOOL CO. (800) 423- (561) 845- 0700 0255 I 0ocuments Johnston Seed Company [nc. (229) 567- (229) 567- I Documents 9615 9616 (651) 575- (888) 246- i Documents 3M- Traffic Control Materials 5523 9793 Industrial & Municipal Supply (850) 567- (850) 555- I 1. African Documents 6391 5555 American Owned 1. Small Documents industrial supplies company 954-973-9779 954-973-3006 I Business 1. Small security lock distributors 9549724949 9549724244 I Business C~ocuments Pro Tool 3308343352 3308329401 I Documents GRAINGER [NDUSTR[AL SUPPLY 8476474154 8779941969 I Documents 1. Woman Tools- N -More 5616898349 5616899252 I Owned Documents 1. Small FLEET BUYING GROUP 816-231-5989 816-231-2889 I. Business Documents Feick Security 3052607776 3052607557 1 DOcuments 1. Small Business Screw Products International Corp. 972-243-1234 972-243-0299 I 2. Woman Oocuments Owned Batteries Plus 815-226-4505 185-226-4704 i Documents Safety Equipment Company 888-263-5319 813-626-8815 i Documents 1. Native Documents R[NKER MATER[ALS 954-421-7249 561-274-4548 1 American Owned United Rentals [nc. 5616165000 5616168140 i Oocuments 1. Small Documents Topline Advertising [nc. 763-428-5067 763-482-5072 [ Business ASAP Lock Safe & Key Company 954.457.2073 954.457.[872 [ Documents force rigging and supply 817-465-1112 817-419-6498 i Documents 1. Hispanic Owned Documents Diamond Tec, Inc. 800-211-0665 954-427-4757 1 2. Small Business 1. Small Documents Redline Installers 630 322 9887 630 322 9888 1 Business Adapto Storage Products 305-499-4800 305-885-8677 1 Documents Lowe's Home Improvement (561) 733- (561) 733- 1 DOcuments Warehouse 1397 3402 Lowe's Home Improvement (561) 733- (561) 733- I Documents Warehouse 1397 3402 Florida Bolt & Nut Co. 561-842-2658 561-540-2658 1 Documents Florida Bolt & Nut Co. 561-842-2658 561-540-2658 1 Documents http://www~d~mandstar~c~m/buy~rf~ids/P~anh~~der-List~asp ?F=s~arch&-PU=% 2Fbuyer%~~~ 5/19/2003 Home Depot 561-364-9600 561-369-2206 I Oocuments Home Depot 561-364-9600 561-369-2206 ~. I~Ocuments Rider Distributors, Inc. 305-821-0306 305-822-4703 1 Documents (561) 966- (561) 966- i Documents Southern Star Fasteners 6766 6525 (5611.) 966- (561) 966- 1 Documents Southern Star Fasteners 6766 6525 (561) 845- (561) 845- ! Documents Action Bolt & Tool 8800 0255 (561) 845- (561) 845- 1 [~ocuments Action Bolt & Tool 8800 0255 (561) 819- (561) 819- I Documents Fastenall 1600 1601 1. African Documents ARMCHEM INTERNATIONAL 800 886 0423 954 735 0097 I American Owned 1. Small Documents INDIAN R~VER OXYGEN, [NC. 772-461-7745 772-461-7380 1 Business (561) 732- (561) 734- I ~ Ace Hardware 2161 4556 (954) 617- (954) 981- I Documents Brown Distributing 8273 2899 (954) 617- (954) 981- i DggaZLe~m Brown Distributing 8273 2899 Clark Secudty 407-226-2545 321-235-1847 I I~JaIZLe0J;S (954) 295- (954) 755- i Oocuments Kimball Midwest 5706 0887 (954) 295- (954) 755- i [;)ocuments Kimball Midwest 5706 0887 http ://www~demandstar~c~m~buyer/bids/P~anh~~der-List~asp ?F=search&-PU=% 2Fbuyer%~~~ 5/19/2003 [ '1 ~ RINKER TOOL FLORIDA BOLT NUT CO ~.~ RAINGER :~_ Z l MAINTENANCE WATERWORK $ INKER MATERIALS ' FASTENERS 3: 0 ' ~ m-- ---- m ~: o3z ..~ 0 r- ZC: 0(:7 - ~ ~ Z ;0~ .. ~ - 0 ~ --I rn z ~ o r' ~ m "r - ~ .... ~ ~{J' o zz :;.~... ~. g > mO n 8~.~ ~ _ - r- ~'~°~~ --Z I'll ~ ~ ,~' z - ,,.~8 ~'~ 0 -~ ~ m o o rn ~, o~ m ~ ~ ~o ooooo ~ ~~ ~ m I ~ z z z ~ - 0 ~ ~ ~ ~ mO ~ ~ - ~ ~ ~ ~ ~z z m m 0 ~ ~- ~ ~o -'~ o ~ o m > -~ o - -, - ~ ~ ° ITl O. m ~ m rn m ~ ~ rn ~ rd') c/) .. · ~... Z rt'l z z z z z z z z z 0 0 0 0 0 0 0 0 0 l~~ ~ m - m 0 -' · V.-CONSENT AGENDA rrEH B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Dat~ Final Form Must b~ Turned Requested City Commission Dat~ Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetina Dates in t9 Qitv Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May [9, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal ' ' ''~ NATURE OF [] Announcement ~ N~v Business .-: AGENDA ITEM [] City Manager's Report [] Presenlation [] Consent Agenda [] Public Hem-rog [] Code Compliance/Legal Settlements [] Unfinished Business r , --,- RECOMMENDATION: A motion to award the" ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND MISCELLANEOUS EQUIPMENT", Bid # 046-1412-03/JA, to various vendors by manufacturer, with an estimated expenditure of $100~000.00. CONTRACT PERIOD: June 3, 2003 to June 2, 2004 - EXPLANATION: On April 16, 2003, Procurement Services opened and tabulated ten (10) Bids. The evaluating factors used in determining the r~eommendation were: 1) Price; 2) Availability; 3) Delivery Time; 4) Warehouse processing time. All recommended vendors are considered to be the most lowest, responsive, responsible bidders meeting specifications. Dominic DeMauro, Warehouse Manager, concurs with this request (See Attached Memo), along with summary table. The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpou of this bid is to secure a source of supply for various parts and supplies for the City's fleet of large truck~ and miseeilan~ons equipment, comprised of various manufacturers. These parts/supplies are Warehouse stock/supply items to I~ ordered on an "AS NEEDED BASIS". FISCAL IMPACT: BUDGET ACCOUNT# ESTIMATED WAIIEHOUSE STOCK ANNUAL EXPENDITURE $02.0000-141-01-00 ~00 _(_. ~,2 ~ (~ity Manager's S~gnamre Deputy Director of Financial Services Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS',AGENDA ITEM REQUEST FORM.DOC _ C: Dominic DeMauro - Warehouse Manag~ File The City of Boynton Beach Finance Department WAREHOUSE DIVISION RECEIVED MAY 132003 PROCURE ..~ SERVICES TO: Bill Akins Deputy Finance Director FROM: Dominic DeMauro, Warehouse'Manage DATE: May 8, 2003 SUBJECT: Parts for Large truck, Equipment Bid 046-1412-03/JA I have reviewed the tabulation sheet from your office. The factors used were price, availability, delivery time and warehouse processing time. My recommendation is a multi award by manufacture with primary, Secondary and third vender. ENGINE PARTS GMC HEAVY DUTy TRUCKS Palm Beach Spring Cost + 8% Primary Naps Auto Pans Cost + 10% Secondary General GMC Cost + i0% Secondary Total Truck Parts Cost +!0-20% Third vendor MISCELLANEOUS HEAVY DUTY EQUIPMENT Palm Beach Spring Cost + 8% Primary Naps Auto Parts Cost + 10% Secondary General GMC Cost + 10% Secondary Total Truck Pans Cost +10-20% Third vendor MACK HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Primary Naps Auto Parts Cost + 10% Secondary General GMC Cost ~- 10% Secondary Total Truck Parts Cost +10-20% Third vendor FORD HE.\VY DUTY TRUCKS Palm Beach Spring Cost * 8% Napa Auto Par~s Cost ~ 10% ~on~ General GMC Cost ~ 10% ~on~ Total T~ck Parts Cost *10-20% ~d vezot STERLING HEAVY DUTY TRUCK~ Palm Beach Spring Cost ~ 8% Napa Auto P~s Cost * 10% ~on~ Gene~ GMC Cost * 10% ~on~ Total Track Parts Cost + 10-20% ~d v~dor VOLVO HEAVY DU~ TRUCKS Palm Beach Spnng Cost ~ 8% Napa Auto Pa~ Cost + 10% ~o~ General GMC Cost + 10% ~o~ To~l T~ck Pa~ Cost 4-I0-20% ~ v~t B~ SYS~MS GMC HEA~ D~ Pa~ Beach Spnng Cost + 8% Napa Auto Pa~ Cost + 1~ Gene~l GMC ~st + 10% To~l Track P~ Cost + I~ ~o~ R~htien Inte~o~l Cost +24% MISCELLA~OUS ~A~ D~ EO~M~ Pa~ Beach Sp~g Cost + 8% Napa Auto P~ ~t + I~ Gene~l GMC ~u + I~A . To~l Track P~ Cost + 10% Rechti~ ~te~o~l ~st +24% ~ V~r MACK HEAVY D~ ~UCK~ Pa~ Beach Sp~g Cost + 8% Napa Auto P~ Cost + I~A ~o~ Gene~l GMC ~t + 10% ~o~ Total Track P~ Cost + 10% ~o~ Rechtien [nte~o~l Cost +24% ~ Ve~r FO~ HEA~ D~ Pa~ Beach Spnng C~t + 8% Napa Auto P~ ~ + I~A Gene~l GMC Cost + 1~ To~l Track P~ Cost + I~ ~o~ Rechtien ~te~o~l Cost +24% ~ V~t S~G ~A~ D~ ~U~5 Pa~ Beach 5p~g Cost + 8% Napa Auto P~ ~t + I~ Gene~I GMC Cost + 10% ~o~ To~ Track P~ ~st + I~A ~o~ Rcchtien Inte~o~I Cost +24% ~ V~t _VOLVO HEAVY DUTY TRUCKS Palm Beach Spring Cost "' 8% Primary Napa .4uto Parts Cost ~- I0°,~, Secondary G~neral GMC Cost "' 100~ Secondary Total Truck Parts Cost ,- i0'?o Secondary Rechtien International Cost ~-24% Third Vendor CHASSIS+SUSPEN'SION' GMC HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% 'Primary Napa Auto Parts Cost + 10% Secondary General GMC Cost + 10% Secondary Total Truck Parts Cost + 12-15% Third Vendor MISCELLANEOUS HEAVY DUTY EOUIPMENT Palm Beach Spring Cost + 8% Primary Napa Auto Parts Cost + 10% ,Y~:ondary General GMC Cost + 10% ~*condary Total Truck Part~ Cost + 12-15% Third Vendor MACK HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Primary Napa Auto Parts Cost + 10% General GMC Cost + 10% S~ondary Total Truck Parts Cost + 12-15% Third Vendor FORD HEAVY' DUTY TRUCKS Palm Beach Spring Cost + $% Primary Napa Auto Parts Cost + 10% ~*condary General GMC Cost + 10% Total Truck Parts Cost + 12-15% Third Vendor STERLING HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Primary Napa Auto Parts Cost 4- 10% Secondary General GMC Cost + 10% Secondary Total Truck Parts Cost 4- 12-15% Third Vendor VOLVO HEAVY DUT~ TRI, ICI~ Palm Beach Spring Cost + 8% Primary Napa Auto Part~ Cost + 10% $~:ondary General GMC Cost + 10% Total Truck Parts Co~t + 12-15% Third Veudor MISCELLANEOUS GMC HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Primary Napa Auto Part~ Cost + 10% Secondary General GMC Cost 4- 10% S~ondary Vehicle Maintenance Cost + 11% Third Vendor MISCELLANEOUS HEAVY DUTY EOUI'PM~2q'r Palm Beach Spring Cost + 8% Primary Napa Auto Parts Cost + 10% Secondary _ General GMC Cost 4- 10% Secondary Vehicle Maintenance Cost + 11% Third Vendor .- MACK HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Primary Napa Auto Pans Cost + 10% Secondary General GMC Cost + 10% Secondary Vehicle Maintenance Cost ~- 11% Third Vendor FORD [.IEAVY DUTY TRUCKS Palm Bi, ach Spring Cost -~ 8% Primary Napa AUto Pans Cost + 10% Secondar/ General GMC Cost 4- 10% Secondary Vehicle Maintenance Cost + 11% Third Vendor STERLING HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Prima~ Napa Auto Parts Cost + 10% Secondary General GMC Cost + 10% Secondary Vehicle Maintenance Cost + 1 I% Third Vendor VOLVO HEAVY DUTY TRUCKI~ Palm Beach Spring Cost + 8% Primao, Napa Auto Parts Cost + 10% Secondary General GMC Cost + 10% Secondm3r Veh/cle Maintenance Cost + 11% Th/rd Vendor BID NAME: ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS & MISCELLANEOUS EQUIPMENT BID NUMBER:: 046.1412-03/JA COMMISSION AGENDA: JUNE 2, 2003 BROADCAST LIST: 890 VENDORS - DEMANDSTAR 40 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSI-KP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 54 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF THE BID DOCU3KENTS EITI-IER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: l0 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUAI.I~Y SLrBM17TED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT ACCESS DATABASE SHOWING VENDORS WHO WERE NOTIFIED BY INVITATION TO BID. BID #: 046-1412-03tJA BROADCAST LIST - 40 VENDORS (PROCUREMENT I}A'rABASE) ATLANTIC TRUCK CENTER BOYNTON AUTO SUPPLY, [NC 2565 W. STATE ROAD 84 422 E. BOYNTON BEACH BLVD. Fl'. LAUDERDALE, FL 33312 BOYNTON BEACH, FL 33435 BRIDGEPORT MANUFACrURIN6, INC. CAM LMPORT AUTO PARTS, [NC'.. 500 FM 1658 411 SOUTH "H" STREET BRIIX}EPORT. TX 76426 LAKE WORTH, FL 33460 COLD AIR DISTRIBUTORS CONTA[NER SYSTEMS & EQU]~PMENT CO. 3053 INDUSTRL~L 31~r STREET 506 BELLEVUE AVENUE Fl'. PIERCE, FL 34946 DAYTONA BEACH. FL 32114 ERNIE I-L~[RE FOR. D FLORIDA HYDRAULIC MACHINERY, [NC. 9545 N. FLORIDA AVENUE 5024 NORTH 56TM STREET TAMPA, FL 33612 TAMPA, FL 33610 FONTAINE TRUCK EQUIPMENT CO. : TRUCK SALES & SERVICE 138 w. STAT~ ROAD 84 360 S. MILrrARY TRAR, iT. LAUDERDALE, FL 33315 WESTPALM BEACH, FL 33415 ORoLrP C~L~ONON U'CT~RNATIONAL, iNC. OT SUPPLmS, INC. 8385 S.E. KL:'rCH COURT 7010 BARBOUR ROAD HOBE SOUND, FL 33455 W~ST PALM BEACH, FL 33~ff HEn, rI~LMAN'S TRUCK CF2Cr~R, INC. rrURAN FLORIDA CORPORATION 2424 IOHN YOUNG PARKWAY 3330 N.W. 53~ STREET, SUrm 302 ORLANIX), FL 32804 iT. LAUDERDALF.. FL 33309' FREIGHTLI]qER TRUCKS JIM HARDEE EQUIPMENT CO. 3945 FISCAL COURT 4220 DRANE FIBLD ROAD RIVmRA BEACH, FL 3340~ LAYdSLAND, FL 33811 KENWORTH TRUCKIVlAX KEYSTONE PLASTICS, [NC. 3775 INTERSTATE PARK ROAD 9520 IRONBRIDGE ROAD RIVIERA BEACH, FL 3340~ CHESTERFIELD, VA 23832 L & L DiSTRiBUTORS ,NE CHEVROLET 1511 N. POWERLINE ROAD 5757 LAKE WORTH ROAD POMPANO BEACH, FL 33069 OR~EN^CRES. FL 33463 MCCOTrER I:ORD, INC. NAPA AUTO PARTS 3000 CHENEY HIGHWAY, P.O. BOX 5729 1455 SOUTH CONGRESS AVENUE ',',','~JSVn.X.~ ~ 32783 DELRAY BEACH, FL 33444 NATIONAL EMERGENCY VEHICLES ~ COMPANY 230 N. ORTMAN DRIVE 6801 N.W. 74 AVENUE ORLANDO. FL 32805 ML~41, FL 33166 PALM BEACH SPRING CO. PALM PETERBILT - OMC TRUCKS, [NC. 324 SUNSHn~rE ROAD 2441 S. STATE ROAD 7 WEST PALM BEACH, FL 33411 FT. LAUD£RD^~: FL 33317 NAME OF BID: "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT", BID #: 046-1412.03/JA BROADCAST LIST - 40 VENDORS (PROCUREMENT DATABASE) PALMETTO i:ORD TRUCK SALE,S, [NC. RAYSIDE TRUCK & TRAILER 7245 N.W. 36TM s~ 2983 s. MILITARY TRAIL ML~MI, FL 33166 WEST P~ BEACH, FL 33415 RDK TRUCK SALF.3 & SF..RVIC~_, [NC. RECHTIEN INTERNATIONAL 3214 ADAMO DR~a~ 3787 INTERSTATE PARK ROAD WEST TAMPA, FL 33605 R~VmRA BRACH, FL 33404 ROWLAND EQUIPIVlENT, [NC. ROY KHANNA FIRE APPARATUS 2900 N.W. 73~ STREET 3117 CAROL ^VENire MiAMi, FL 33147 PALM SPR[NOS, FL 33461 S & ~t DiSTRmtrroRs, mC. STAM~ MANUPACTtm[NO 8300 N.W. 70 STRF. L~ 4850 O~Ou'~Ov- AVENU~ MLS. M{, FL 33166 F{'. PmRCE, FL 34947 TOTAL TRUCK PARTS TRANSTAT EQUIPIVl~NT, [NC. 6515 SOlYFHF. RN BLVD. 510 W. THORI~ ROAD WEST PALM BRACH, FL 33413 ORLANDO, FL 32824 VEHICLR MA[NTENANCB PROORAIVl, [NC. ADVANCED FABRICATORS, [NC. 3595 N. DIX]]~ HIOHWAY, BAY 7 P.O. BOX 15375 BOCA RATON, FL 33431 WP. ST P~ BRACH, FL 33416 p~--r.~mSEN UgDUSTRmS SOUTHt.AND r:QUU, Mp.3rr 20165 mOHW^Y 27 t'.O. BOX 1064 LmlCE W~,.m-m, FL 33853 a ARTOW, FL 33831 Planholders List Member Name City of Boynton Beach Bid Number ~rB-O46-1412-O3/3A-O-2003/ja ANNUAL CONTRACT FOR LARGE TRUCKS AND Bid Name MISCELLANEOUS EQUIPMENT. Number of Documents for this 1 (Not Including Plans) bid 54 Planholder(s) found. Doc Attributes Actions Supplier Name Phone Fax Count SOUTHERN SEWER EQUIPMENT (56[) 595- (561) 595- [ Documents SALES 6940 9171 (56[) 842- (561) 842- [ Documents Palm Enterprises 7771 5660 (321) 452- (32[) 459- I 1. Hispanic Santa Cruz Construction, Inc. 3190 3358 Owned ~ 1. Small (561) 683- (561) 683- I Business Documents Advanced Fabricators, Inc. 3535 3538 2. Woman Owned (352) 867- (352) 867- I D~x:uments RANEY'S TRUCK CENTER INC 1982 1030 (704) 482- (704) 48[- i Documents American Safety Utility Corporation 0601 0450 ATLANTIC FORD TRUCK SALES INC (954) 587- (954) 797- i Documents 8220 9720 1. Small Business VEHICLE MAINTENANCE PROGRAM (56[) 362- (561) 362- I DOcuments 6080 7994 2. Woman Owned (407) 798- (407) 798- i 0ocuments Environmental Products of Florida 0004 0014 (800) 330- (813) 985- [ Documents R H MOORE & ASSOCIATES INC 2333 4533 (850) 623- (850) 626- 1 Documents Orville Beckford Ford Mercury 2234 959[ (407) 877- (407) 877- i Documents Peterbilt of Central Florida 3636 6699 (813) 262- (813) 262- 1 Oocuments Sterling Trucks Of Tampa,llc 0890 0983 (904) 783- (904) 783- 1 DOcuments Florida Transcor, [nc 3302 0292 (407) 298- (407) 292- I Documents Heintzelman's Truck Center, Inc. 1000 3550 S & H DISTRIBUTORS, [NC (305) 592- (305) 477- I Documents http:~www~d~mandstar~c~m/buy~r/bida~P~anh~der-List~asp ?F=search&-PU=% 2Fbuyer%~ 5/19/2003 1747 6833 Nortrax Equipment Company (tampa) (813) 621- (813) 621- 4902 8280 i Documents (512) 733- (512) 733- 1. Woman Sole Proprietor 1213 1372 I Documents Owned (772) 978- (772) 567- Communications lnterRational, Inc. 4119 2292 1 Documents Gator Ford Truck sales (813) 980- (813) 980- 3673 0678 I Documents Palmetto Ford Truck Center (305) 470- (305) 470- 1 Documents 1322 1399 Freightliner Trucks Of South Florida, (954) 545- (954) 545- 1 Documen~ Inc (Bob Arrington) 1010 1099 General Gmc Trucks Sales & Service (561) 686- (561) 697- 8906 8429 1 Documents Florida Municipal Equipment, Inc. (863)209665-1 (978)891285-0 I BusiL' Smallness Documents (250) 765- (250) 765- Freightllner, Uc 7846 7852 1 Documents ROWLAND EQUIPMENT, INC. (305)9280691- (305)8267693- i Business1' Small Documents Truck Max of Palm Beach (561) 840- (561) 840- 9800 7667 1 Documents ReChtien International Trucks Inc. (305) 888- (305) 885- 1 Documents 0111 9230 (561) 272- (561) 272- 1 Oocuments Napa Auto Parts 6272 6530 American Lafrance Ocala Facility (352) 351- (352) 351- 1 Documents 1180 0346 (954) 971- (954) 968- 1 1. Small Documents EM SIL ENTERPRISES INC 4022 7127 Business Rayside Truck & Trailer (561) 965- (561) 965- i 1. Small Documents 7950 7998 Business Smith Bros Contracting Equipment, (561) 689- (561) 697- i D0~uments Inc 9880 9517 Boundtree Medical 800-282-7904614-853-1104 1 Documents GRAINGER INDUSTRIAL SUPPLY 8476474154 8779941969 1 Documents Palm Peterbilt GMC TnJcks, Inc. 954-584-3200954-584-3228 1 Documents 1. Small Advanced Industries 954-981-8302954-374-0999 1 Business Documents 1. Small EMC 815-467-8762815-467-8763 1 Business 0~cuments (863) 644- (863) 644- 1 00cuments lim Hardee Equipment 8500 3197 Jnited Rentals Inc. 5616165000 S616168140 1 Dqquments Total Truck Parts 561-684-3332561-684-0611 1 Dqcument$ Total Truck Parts 561-684-3332 561-684-0611 1 Documents RECHTIEN INTERNATIONAL TRUCKS 561-882-9050 561-882-0138 1 Documents L & L Distributors, Inc. (954) 979- (954) 970- 1200 3187 I Documents http:~~www~demandstar~c~m/buy~r/bids/P~anh~~der-List~asp?F=s~arch&-PU=%2F~uyer%~~~ 5/t9/2003 (954) 979- (954) 970- i Documents L & L Distributors, Inc. 1200 3187 (863) 676- (863) 676- 1 Documents Petersen Industries 1493 6844 (863) 676- (863) 676- 1 Documents Petersen Industries 1493 6844 Rowland Equipment COrp. (305) 691- (305) 693- 1 Documents 9280 8267 (305) 691- (305) 693- 1 :Documents Rowland Equipment Corp. 9280 8267 (561) 798- (561) 798- i Documents Palm Beach Spring Co. 8900 3368 (561) 798- (561) 798- 1 D~curnents Palm Beach Spring Co, 8900 3368 (561) 882- (561) 882- 1 Documents Rechtien International Trucks, Inc. 9050 0138 (561) 882- (561) 882- 1 Documents Rechtlen International Trucks, Inc. 9050 0138 National Emergency Vehicles 407-299-0064 407-291-2224 1 Documents http://www.demandstar.c om/buyer/bids/Planholder_List.asp?F=search&_PU=%2Fbuyer%... 5/19/2003 V.-CONSENT AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Date~ in to City Clerk's Office Mectine Dates in to City Clerk's Office [] April I, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14,200~ (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ¥--'~ AGENDA ITEM [] City Manager's Report [] Presentation : [] Consent Agenda [] Public Hearing [] Code Compli ncea egalSettlement [] U _nish, RECOMMENDATION: Please place this request on the June 3, 2003 City Commission Agenda under Consent -~-' Resolutions. Staff recommends approval of this resolution to support the amendment of the Declaration of Covenants and Restrictions for Alhambra Square, allowing the existing fichus hedge, located between the Medical Arts Professional Center project (f.k.a Alhambra Square North) and the adjacent Leisureville community, to be maintained consistent with the new position of the respective homeowners association. See explanation below and the attachments for further information. EXPLANATION: In 1991, a deed restriction, identified as the Declaration and Covenants and Restrictions for Alhambra Square, was recorded in connection with a 1989 Stipulated and Settlement Agreement between the City of Boynton Beach and the Mi[nor Corporation. The settlement agreement, in part, required the change in land use and zoning, and specified certain site improvements and design requirements that would be followed when site planned. At issue is item B(3) of Article III. Development Limitatfons, and applicable to Alhambra Square North (noxxheast comer of Golf Road and Congress Avenue). Item B(3) requires a buffer wall along the shared boundaries, and the replacement of the existing buffer (fichus) hedge with "sod and landscaping to the specifications of the governing association,..". The site plan for this site was approved in August of 2002, and consistent with the recorded restrictions, was conditioned upon the replacement of the existing hedge. After current consideration of the approved site plan, the adjacent association issued a certification confu'mmg compliance with the site restrictions in the recorded document; and changing their position on the buffer hedge (see attached Certification by Boynton Leisureville Community ~tssocian'on, Inc.). It states that the Association "hereby waives the requirement to remove such hedge and replace it with sod and landscaping, as is othetnvise set forth in the Declaration.". PROGRAM IMPACT: N/A FISCAL IMPACT:, N/A ALTERNA~ ~ Not approve the resolution thereby support?g the removal of.the, existing hedge '~/~ff/~/t ['///[7 ! [f/~ inconsistent with preference of adjacent pr~perty~'ner assocmtlon. ~ Manager s S~gnatur · _A3~e ~v~[;pn~;t B~-¢~nt Director ty Planning arid Zoning l~rector City Attorney / Finance / Human Resources SSPlanning~SHARED\WPhOROJECTShMcd-Art$ Professional Cir. Golf&CongxeasXRcquest form - an~nding covenantz - 6-3-03.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORMDOC RESOLUTION R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO THE AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR ALHAMBRA SQUARE TO PERMIT THE EXISTING F ICUS H EDGE T O REMAIN IN CONNECTION WITH THE DEVELOPMENT OF THE MEDICAL ARTS PROFESSIONAL CENTER PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO EVIDENCE THE CITY'S CONSENT; AND PROVIDING AN EFFECTIVE DATE. WI-IEREAS, in 1991, a deed restriction, identified as the Declaration and Covenants and Restrictions for Alhambra Square was recorded in connection with a court-approved, 1989 Stipulation and Settlement Agreement between the City of Boynton Beach and the IMilnor Corporation; and WHEREAS, the Stipulation and Settlement Agreement, in part, required the change in land use and zoning, and specified certain site improvements and design requirements that would need to be followed in proceeding through the site planning process; and WHEREAS, the site plan for this site was approved in August 2002, and consistent with the recorded restrictions, was conditioned upon the removal of the existing ficus hedge and replacement of the same with sod and landscaping to the approval of the Boynton Leisureville Community Association ("Association"); and WHEREAS, the Association and the Developer of the Medical Arts Professional :enter have reached an agreement to waive the requirement to remove the hedge as set forth a the Declaration, opting to let the hedge remain as a secondary buffer, and as more }articularly set forth in the certification of the Association attached as Exhibit "A"; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF tHE CITY OF BOYNTON BEACH, FLORIDA, THAT: .~:',CA\RESO~AJhambra - Amend Declaralion.doc Section 1. The foregoing "WHEREAS" clauses axe true and correct and hereby ratified and confirmed by the City Commission Section 2. The City of Boynton Beach, by and through its City Commission, consents to the Amendment of the Declaration of Covenants and Restrictions for Alhambra Square, atiached and incorporated as Exhibit "B," allowing the existing ficus hedge, located between the Medical Arts Professional Center project (f.k.a. Alhambra Square North) and the adjacent Leisureville community, to remain as requested by the adjacent Association. Section3. The City Manager is authorized to execute the Amendment to Declaration of Covenants and Restrictions for Alhambra Square, thereby conveying the consent of the City of Boynton Beach to the Amendment. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\RESO~adhambra - Amend Declaration.doc ~TI0N BY BOYNT(~N LF. ISURE_VJLLF.. cOMM~,JNITY ASSQClA~ON, INC. KNOW ALL MEN BY THESE pRESENTS: A. The undersigned, BOYNTON LEtSUREVILLE COMMUNITY ASSOCIA'I'i(DN. tNC. (the 'Association'), is the ~oveming asseciadon of the real ' prope~ which is adja~nt to Ath~ra Squ~e No~h, ~ is more pa~i~l~rly sat fo~h in the1 ~ain De~a~tian o~ C~nants and R~stri~ions for ~ham~'~ Square da~ May 7. ~991 aha re~rd~ in Official R~ord B~k 6895. page 1431 ~ the Public ReCor~s ~ Palm ~aa~ Count, Florida (~e B. ~ Oe~rat[~ contains.' ~herein ~in ~nst~ion a~d development ~nditio~s an~ requirements ~ncerning me following ~es~b~ r~al' refuted te in su~ Declara~on as Alhambra Square N~: A ~ar~t of tend in Se~ion 32. To~s~p 45 So~, ~ge 43 City ~ Boynt~n Beach, Fton~ P~tm Beach Coup. mo~ p~i~lady des~ as fallows: ~e East 4~0 feet of ~e West 510 feat ~ t~e N~ 3~ feet of ~e Sou[~ 4~0 feet ~ ~he No--est % ~f S~ 32, T~ship 45 South, Range 43 Ea~, City ef Boynton Bea~, Ceu~ of Pa{m Bea~, Flonde. less a~ excegt ta~ds desk[bed ~ 0~cial R~r~s Book. ~02, page 670. (the C. Hemmology On.logY ~so~at~ Pmpe~i~, [nc. ('HOAP') is ~e ~er of and a~t ~o de~lo~ the Prop~, ~d.hes be~m c~rdinating its ~ns~ction eno ~evelopment with the A~a~on. and the Association has ravieweO the site ~len and ether do~ments submit[ed to the Ci~ of Boynton Bea~ ~r a building oermit [o buil~ a 42,8~4 squa~ fool single s~o~ ~ Ouilding on the NOW THEREFORE, t~ assist Hematoio~ O~colo~ A~ciatss Propemies. Inc., ~etr s~ssors an~or assigns,in o~tabinG a building pe~it for t~e Pro~y, t~e Asso~afion hereby c~l~es that at the present =me, ~d based upon ~e ~ns~ion pla~ wni~ it ~as rswew~d for ~e Prope~, and comm~ications w~ ~e builder for HO~, ihs ~o~atlon is ~tisfied that: 1. The building on the Prope~y will mot ex.ed ~o (2) sto~es in height. Satisfactory-arrangements have been made to Iocate ail c~umpsters away from the acljacem residential areas. 3. A six [G) foot zoning bounc~ary wall will De r~ns[ructed an Property, and the construc~on has been coorclmated with the Association. However. ra~her than r~move the existing buffer hedge in ac=orclar'tce with the terms of the Declaration. t~e Association h~s requested that HOAP leave the existing buffer hedge tn place, arc[ her-Dy waives the requirement to remove such heage and replace it with socl ancl [anclscaping, as is other%vise set the Declaration. HOAP has agreect to accommodate the Asc.~ociation in this requesL provided it can obtain the consent, and approval of the City of Boynton Beach in connection therewith. 4. T~e design an0 plans for installation of ~e lighting in the parking areas is such that tt will not r,t'~ine directly in[o the adjacent residential area. The l>ur.oose of ~hLs Certificadot~ is to evidence that HOAP: as develo0ar of the Property, has coooeratecl witl~ anti has coordinated it~ construction efforts with the AssoC~atiorl, such that it al>pears that all of [,-fie conditions and requirements of the .O_-claration ~.~arding con~rumion on the Property have ~een or are being satisfied. Nothing ~erein shall be :learned to waive s~cl~ requirements in connection with the actual construction to be perforn'teci o41 the Property-in the fu~.'ure, wi~.h the exception tha~ the Association does not wish for the existing buffer hedge to be r~,_movecl. Boynton Leisuraviile Commun i,"y' Association, inc., a Florida not for corporation eyl,4J~ HuhmarL Pres~ctent & Director STATE OF FLORIOA COUNTY OF' PALM BEACH (~ ~.cc,~.~foregoing in.s~'umem was acknc:~edged before me this .s:a~E"~aY cd A~j~t~'-2002, by SY~.VIA HUHMAN, as President and Director of Beynton L~isur~.H C, om.mu~i~/Associaticn, Ir~c.~ w~r~ ~ is personaliy know~ to me OR. 2 procluced f as icientffication. No,mr'y Public My Commission Expires: 3 Conrad Damon, Esq. Ward. Damon & Posner, P.A. 4420 Beacon Circte, Suite 100 West Palm Beach, FL 33407 WC~37 AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR ALHAMBRA Sql)ARE, WAIVER AND CONSENT Recitale: A. MEDICAL ARTS PROFESSIONAL CENTER, LTD., ("MAPC'), a F~orida limited partnership, is the owner of the following described real'property located in Palm Beach County, Florida and successor in interest to the prior owner, Hematology Oncology Associates Properties, Inc., which is now General Partner of MAPC: A parcel of land in Section 32, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, more particularly described as follows: The East 460 feet of the West 510 feet of the North 380 feel, of the South 420 feet of the Northwest one quarter of Section 32, Township 45 South, Range 43 East, less and except lands desc~'ibed in Official Records Book 5402, page 670 of the Public Records of Palm Beach County, Florida. (the 'MAPC Property'). B. The MAPC Property has been known in the past as "Alhambra Square North' as described in that certain Declaration of Covenants for Alhambra Square dated May 7, 1991, as recorded in Official Record Book 6895, page 1431 of the Public Records of Palm Beach County, Florida ('Declaration for Alhambra Square'). C. Among other things, the Declaration for Alhambra Square contains certain restrictions and conditions in connection with the development of the MAPC Property. In particular, Article III Section B(3) requires that a boundary wall be constructed, and that the existing buffer hedge be removed and replaced with sod and landscaping, and that all of the foregoing shall be coordinated with the governing association of the adjacent real property, which is defined in the Declaration for Alhambra Square as Boynton Beach Leisureville Community AssociatJort, Inc. D. MAPC is in the process of developing the MAPC Property, and in connection therewith has received a Development Order from the City of Boynton Beach dated August 9, 2002, which Development Order, among other things, requires, in identical language to the Declaration for Alhambra Square, the construction of a boundar~ wall and removal of the existing buffer hedge, both to be coordinated with the governing association of the adjacent residential property. E. in connection with the development of the MAPC Property, MAPC has approached and communicated with the Boynton Leisureville Community Association, Inc. to coordinate with such governing association the development of the M.ad:)C Property, and specifically the construction of the boundacy wall and removal Of the existing buffer hedge. The Boynton Leisureville Community AssoC4ation, inc. has requested that the provisions of the Declaration for Alhambra Square, which were created for the benefit of the property owners in the Boynton Leisureviile Community and the Boynton Leisureville Community Association, Inc., be modified and amended so as not to require the removal of the buffer hedge, but rather, that such hedge remain in place as an additional buffer, in addition to the. construction of the boundary wall, and MAPC has agreed to such accommodation. NOW THEREFORE, in consideration of the premises, and based upon the agreement of the parties and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the parties hereto hereby agree as follows: 1. The foregoing recitals are true and correct and are made a part hereof. 2. Boynton Leisureviile Community Association, Inc., as the designated representative for the adjacent property owners in the Boynton Leisureville Community, as set forth in the Declaration of Covenants and Restrictions for Alhambra Square, hereby waives the requirement for the developer of the MAPC Property to remove the existing buffer hedge and replace it with sod and landscaping to the specifications of the Boynton Leisureville Community Association, Inc., ali as is more particularly set forth in Article III B (3) of suctl Declaration for Alhambra Square, and Boynton Leisureviile Community Association, Inc. further expressly requests and agrees that MAPC, as successor in interest to the Alhambra Square North property, siqould refrain from removing the existing buffer hedge and replacing it with sod and landscaping. 3. At the request and direction of the Boynton Leisureville Community Asso~ation, Inc., MAPC agrees that in conjunction with its construction of the 6 foot boundary wall between the MAPC property/Alhambra Square North property and the adjacent residential property (i.e. the Boynton Leisureville Community), it will not remove the existing buffer hedge. 4. The City of Boynton Beach, as a named beneficiary in the Declaration of .Covenants and Restrictions hereby consents to the above described amendment to the Declaration of Covenants and Restrictions for Alhambra Square North for We sole purpose of agreeing that the existing buffer hedge referred to in such DecJaration need not be removed, and further agreeing that its Development Order dated August 9, 2002 sl~all also be deemed modified and amended to delete that portion which requires the removal of the existing buffer hedge. 5. RSPB, LLC, a Florida limited liability company, as owner of and successor to the interest of the Alhambra Square South/Alhambra Square ACLF property described in the Declaration of Covenants and Restrictions for Alhambra Square, hereby joins herein for the sole purpose of consenting to the foregoing amendment to the Declaration of Covenants and Restrictions for Alhambra Square. Witnesses: MEDICAL ARTS PROFESSIONAL CENTER, LTD., a Flonda ~imited partnership By: Hematology Oncotogy Associates Properties, Inc., a Florida corporation, as its General Partner Name: Suren~a K. Sirpal Title: President Boynton Leisureville Community Association, Inc., a Flodda not for profit cor13oration By: Sylvia Huhman, President & Director City of Boynton Beach By: RSPB, LLC, a Florida limited liability company and successor in interest to Alhambra Square South and Alhambra Square ACLF By: 3 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this clay of ,2003, by SURENDRA K. SIRPAL, as President of Hematology Oncology Associates Properties, Inc., which is the General Part~e~' of Medical Arts Professional Center, LTD, who is Personally known to me OR ~ produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of ,2003, by SYLVIA HUHMAN, as President and Director of Boyrtton Leisureville Community Assodation, Inc., who __ is personally known to me OR ~ produced as identif'~ation. Notary Public PHnt Name:. My Commission Expires: STATE OF FLORIDA COUNTY' OF PALM BEACH The foregoing instrument was acknowledged before me this day of ,2003, by , as of (~ity of Boynton Beach, ~ is personally known to me OR ~ producecl as identification. Notary Public Print Name: My Commission Expires: 4 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , ;2003, by , as of RSPB, LLC as owner of and successor to the interest of Alhambra Square South and Alhambra Square ACLF, who ~ is personally known to me OR ~ produced as identification. Notary Public Print Name: My Commission Expires: 5 I conve~ed and occup~ w~ec~ ~o ~e c~ant., ~eoC~t~ons and Section 1. ~e ~de~t~ed ~ have ~tm~ ~Co Stlpulat~ ~nd Sot~C A~o~ vi~ ~e CL~ of ~ Ci~'s Comprehensive PI~ ~d/or rezo~ng of ~e ~ds as Alhambra S~are No~h: Office Colorola1 C-1 (office p~f~sicnal) Alha~u S~a~e Sou=h: Rosidon=ial fa~ly) wi~ no less ~ 248 Sa~lenen~ A~ee~, ~e ~de~ed ~g~me ~ ~poal ca.sin develo~en~l l~1=aClons upon ~e use of ~e ~. to pe~eC~lly res~i~ (except to ~m m~ent pe~ pursuit of ~m ~s for ~e bonefl~ o~ ~e City of ~ton ~a~ ~d for pe~o~ of raco~ o~g adJacen= real p~pa~ =o ~ ~ds "Propa~ O~s"), and for ~o o~er patens, In ac=o~co ~i~ ~e res=rtc=Aons ~d li=t=a~tons set fo~ herein. "gove~ing assouia=ions," of adJacan= ~ prop~2 are follows: Bo.=on Bea~ ~is~evi!le Co~nl~ Ass~ia=ion, Inc., aS =0 ~e Alha~ra S~o No~ papal, ~d Gol~i~ ~e ~ands ~i~ are ~d s~all be ~eld, ~a~e~ed, sold, conve~ ~d ~piad ~e~ ~o ~s ~claraCion a~e situate ~d ~de a p~ he.eof. Height: 2 s~ozies A~ apa~s: 2 4 8 ~i ap~s: as pe~ Ci~ zoning (1~ NO b~lding ~all axceed ~o s=ories haigh2 ~ (2) ~1 ~ps=ers s~l Me lcca=~ away adJac~ ~sid~=ial ar~s~ (3~ ~ ~I be ccns~c~d a six foo= ~ ~1 ba~e~ ~.~ S~=e No~ and adJacen= s~gle-f~ ar~. Con~ion/lan~cap~ of said bo~da~ ~ll~e ~ ~ ~o~ed vi~ ~e ~ove~q association of ~a ~J~e~ mid~i~ ~pm~y, ~d ~a ~s~g buffar h~dqm ~1 bO ~d an~ ~p~d wi~h s~ ~d l~dscap~g =~ ~cifi~ of ~l g~e~ina ass~iac~n, all =o be dons a~ no ~s= ~o ~a gove~ ~lociaCion. Said appr~al s~ll g~e~ ~ ~ provisio~ of Para.apb C.(7) he~af=ar sec 2 (4) 2%11 l~h~/~g in ~ark.tr~ arses shell be e~ished a= ~ 11= 00 P.~. ~ ~d (1) No bu~q shall ~ce~ =we s~ories 4/12 ~ (3) ~1 ~sCo~ ~1 be l~a~ed a~y lease one h~ed feet ~ ~a sou~ p~p~ line of the ~h~ S~o So~ ~ ~ra S~ A~ parcels; (4) ~ l~Vh~ ~ a~a p~g sha~l desired ~d ins~ll~ so u no~ ~o shine ~rt~ly in~o adJa~ resid~al ~eas. P~ lo~ ~qA~q ~all be e~in~shad a~ Zl:O0 P.H. Pa~q io~ 1Aqh~i~q pol~ shall Ma a~ ~a (5) Use of ~a m~Jec~ p~pe~ shall be l~=ad =o an Adul= Congroqa=e Llvinq Facili=y (A~); (6) A coCOa=ion of l~ping and wall (~o "W~l ") s~ll be co~ed on ~8 sou~ prope~ of ~ra S~re Sou~ and AI~w~ S~aro AC~ parcels. ~o ~d dosi~ of ~a Wall sha~ be coo~a=ad wi~ and a~vod ~a g~e~q =saetia=ions of ~8 adJac~= rasiden=lal prope~y, a~ said approval ~1 ~ ~ accor~ca wi~ paragraph below. ~t W~i ~all be ~od a= no cos= =o =he (7) A~v~ by ~ gova~g associa=lo~ s~all no~ be ~eason~ly wi~old. (8) A= ~ :~ as building plans are a~ si=a plan oh~l be s~mi:=~ to ~8 g~ing assoc~=io~; ~e~ a~e ~ ~11 ~ ~In~, no par~g ~acel or ~h~ra S~re No~ O=f~ ~ercial C-1 (0ff~ce ~d ~..h~ S~re A~ Resid~ial A~ ~ 248 apa~n~ ~ese c~enan=s ~d r~s==~c=~ons shall b~ de,sd c~=s ~g w~ ~ ~s for ~e benefi= of all prop~y adJacen= =o ~e land, and for ~e ben. fit of o~ers of re~ prope~y in ~e s~ecC parcels ~d ~e C~W of Boston Bea~. ~ue Coven~=s and ~s~lcCionl ~hall bi binding upon =he ~de~igned ~e~ and =heir successors and AL/~AH~RA S~UAR~ SOUTH 4 D: cc2f]:>oo o. 5 , b-M~A,~k.'oi : FL-98-2~74-1 04/21/1998 2:37pm Pag~ 6 ot 6 A par=el of l~d in Sec=ion 31, T=~ship 45, sou~_~, Range 4J gas=, Ci~ of B~=on ~, Flo=ida, ~lm ~a~ Co~=y, more pa~tcularly descried aa folly: ~e East 460 feeC of ~l WliC ~10 fmeC of ~e Ro~ 380 fie= of ~e Suu~ (20 felt ~f ~e N~ves= 1/4 45 Sou~, ~ngl 43 Eal~, C~ of ~on ~a~, Bea~, Flo=ida, less ~d ~p= lan~ des~lbed ~ Offlct~ Trac~ 4, Golf v~ev Ha~o~ 3~ Section, C~Cy of B~Con ~lor~da, acco~ing =o pla= ~oof ~ord~ in PlaC Bo~ 30, paqu 119 ~d 120, ~lic Reco~ of Pa~ Bea~ Co~=y, ~ss ~d no= ~clu~g: Co~cm a= ~8 Sou~o~ co~ of Tra~ 4, as sh~ on ~m pla~ ~&~ ~lf V~ew H~ 3~ Se~on, ~=y of Bo~n Bea~, Flo~Ga, a~o~g ~o ~e plat ~of re~ed ~ ~la~ ~ 30 N-2-21'36sW., ~ong ~e esi= l~e of sa~d ~cc 4, a d~C~ of here~ dll~ed~ ~ce ~e No~erly, a~ong ~e ~e, a ~sCance of ~2.69 te8~ ~ a ~O~C Of ~g~ Of ~l co~ve Co ~e No~ve~ hav~n~ a central angll of 88 1S'44~ a~ a ~dius of 15 toot; ~tnce Sou~erly and Westerly along ~e ~c of laid ~l, a d~s=~co of 23.11 felt Co a point of reverse ~aturl; ~ct Ves=erly, Sou~erly and Eastirly, ~gle of 197'43'52. r ~f 40 %eeC, a distance of 138.04 ~eeC Co ~e Point of Beg~g afo~des=tbed. ~d less a~ no= tnclu~ng: A ~cel of land lying ~ ~ 4 of ~e PlaC of Golf View Harbour 3rd Set.on, Ct~ of ~l~y Bea~, Palm leach ~lortda, al said ~la~ is receded ~ PlaC Book 30 aC pages 119 ~d 120 of ~e ~l~c ReceSs 0t Pa~ B~ Co~, Flo=ida, sa~d parcel bl~ note Pa~i~arly descr~d as follovs: Beg~n a~ ~e Sou~las= co~= of ~ld ~acc 4~ ~ence N.2° 21'36"W., on a plaC be~ng, ~ong ~e ~s= line of said T~cC 4, a d~s=ancl of 104.29 fee= =o ~ in~rse~ton vi~ a ~e concave Co ~e No~, said ~m berg a ~l~sac as re~rded Official Record Book 2584, ac pa~eo 479 ~d 480 of ~e ~lic hco~. of Palm ha~ Co~, Florida, a ~dial line ~rom laid ~n=mec=~on bo=~g N-2X'49'.44~W. r ~e~8 Westerly along r~gh= of way of laid ~e-~c ~d alo~ ssid c~,~e, hav~g ra~us of 40.00 fae~, a c~l ~gla of 29 03'12 , ~nd ~ len~ of 20.28 foe= =o ~ ~ars~=~on wi~ a l~ne being 20.00 faeC l~ne of ~a~ 4t ~ence S.~°21,]6-E., ~ong said parallel l~e, a ~s=ance of 102.56 feeC =o~an intersection v~ Sou~ l~e, a d!sC~ce of 20.00 feeC =o ~e laid Sou~eas= co.er of T~ 4 and =he Poinc of D: con,~oOO, j A JOHN & D~ICL[ Glinski, Bonnie , From: Lamanna, Rosemarie Sent: Wednesday, May 21,2003 7:41 AM To: Glinski, Bonnie Subject: FW: Alhambra Square North - Amending Declaration of Covenants for Medical Arts Pro. ..... Odginal Message ..... From: Rumpf, Michael Sent: Tuesday, May 20, 2003 5:49 PM To: Lamanna, Rosemarie Subject:. Alhambra Square North - Amending Declaration of Covenants for Medical Arts Pro. It's 5:30 and I've completed the request form. Will have it walked around quickly in the a.m. for approval. If no problems, you'll have it early in the morning. I would title the item "Support for Amending the Declaration of Covenants and Restriction for Alhambra Square allow existing buffer hedge at Medical Arts Professional Center project to remain consistent with new position of Boynton Leisureville Community Association, Inc.". A bit lengthy but I think Kurt and Commission prefer the explanation built in. Mike Glinski, Bonnie From: Lamanna, Rosemarie Sent: Tuesday, May 20, 2003 10:14 AM ~'o: Glinski, Bonnie The Resolution will be unde[ consent and should read: Authorization and consent to amendment to the Declaration of Covenants and Restrictions~for Alhambra Sqaure North - Medical Arts Professional Center. CERTIF1CATSQN BY 6OYNTI~N LEISUR_E~V~_LLE ~OMMI~Nr1~ AS$OCIATION~ INC. KNOW ALL MEN BY THESE PRESENTS: ' A. TI~ un~tersignecL BOYNTON LE[SUREVII. LE COMMUNITY ASSOCIATION. INC. (tt~e 'A-~soc~atior~, is the governing a~ciation ~ the real , i:~roperty widish is a~ljacent ta Alhambra ~lUare North, as is more particu~rty set fodh in that ~e~ain Declaration of C~,~nants and R-_s~iction.s for Alha.,n0ra Square dated May 7, 1991 an~l recor~le~t in Official R~rd Book 6895, page 14~1 of t~e Public Re. co~$ of Palm BeacA County, R~-tda (the "Declaration'). B. The Declaration co~,~,ir'4' the~'ein mrtain ~nstru~ion an~l ~l~veiopment c~nditlo.r~ encl- requirements ~on~ming the following de.~='ibed real' ~roperty referred to in suc~ Declare[ion as Alharnl~re Squ~re Nm'th: A gar~el of lanai irt Section :~'2, Tawnsl~ip 45 South, Range 43 East. City ~f 5oymon Beactn. Flodda, PaJm Bescl~ County. mom pamculart~ described a~ The East 460 fe~t of the West 510 feet ~f the Nort~ 380 feet of ~e South 420 feet at' the NortJ'~est % af Se~on 32, Townst~p 45 South, Range 43 East, City of Boyrtton 9eact~, County ~f Palm Beact% Florida. less an~ except lands c~escribe~ in 0fficia~ Boal( 5402, page 6?0. (the 'Prepare) ' C. Herl~at~iogy Onc~iegy Asr~ciates Pr~erties, Inc. ('HOAP') is the o~ner of ami at~ut ta dewlo~ the Property, a~.ha~ been coo~in~ting its c~rtstruction ancl development wttA the Asso~iation, and the Association has r~view~d the sil~e permit ~o build a ~,2.82.4 square f~ot. single story ~ffi~ I~uil~ling on the NOW THEREFORE, t~ assist H~n~t~log70ncz~logy Pr~rtias. inc.. their successors ancot assigns in obtaining a building per,it for the PrOl~y, ~e As~ietlon Aereby c. eAlfi~s tibet at. the present time, and based upon ~a cnnstruction plar~ which it h~ mview~fl for the Property. ar~ its ~mmunications with the builder for HOAP, [ha Assecia[ion is setisfieci ~at: 1. The building an [he Property will not exceed two (2) height. ~ procluced ! as My Commission F. xpim. s:. -----'~-~"~ ~ M~,, 2. Satisfactory arrangaments h~ve ~ f~ ~e aoja~n~ ~sid~al 3,~ A s~ (~) ~ ~ing ~~ ~1 ~11 be ~~eO on the H~r, ~ ~ ~e ~ ~tlng ~r he~a in a~dan~ wi~ the t~s o~ ~e ~a~[io~ ~e ~sodati~ ~ ~uested th~ HO~ I~e the ~s~ng buffer h~ge in ~, su~ hedge ~ r~iam it ~ s~ ~a I~hg, ~ is a~e~ise set fo~ in the Be~~. HO~ has agreed ~, pm~d ~ ~ ~n me ~ ~d ~p~l of ~e City of Boyn~on aea~ in ~nne~ 4. ~ de~n ~a ~l~s f~ i~aa~ ~ ~ lightJ~ in ~e p~ng ~o~ ~ ~ t~ it ~ll not ~ the ~rop~, ~ ~m~ ~h Pm~ in ~e ~e, ~ the ~~ ~ the ~socia~on do~ ~t wish for t~ ~s~ng ~er ~eage to Witnesses: Boynton Leisureville Community As,r,c~atlon, Inc., a Florida not for profit Syhl~Hulqrnar~ Pre~dent & D~rector STATE OF FLORIOA COUN'i~ OF PALM BEACH C~ _~_~.~foregoing instrument was acknowledged before me this ,~"r'~ay cd ~. 02, by SYLVIA HUHMAN, a~ Prasicient anti Director of eoynt~n Laisur~Ue Community Association, inc., who I/' is personally known to me OR 2 V.-CONSENT AGENDA TEH C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Mcctin~ Dates in to CiW Clerk's Office Meeting, Dates in to Cio/(~lcrk's Office [] April i, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2. 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal "< " NATURE OF [] Announcement [] New Business ,,a, '.7 AGENDA ITEM [] City Manager's Report [] Presentation "~ [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Ullfini.~hed Business RECOMMENDATION: Motion to accept Letter of Credit no. 3051870 from Bank of America (with Amendment) in the amount of $77,080.00 as surety for the installation of water and sewer improvements for the project known as Villas at Quantum Lakes. EXPLANATION: The developer of this project 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 l~d'~ Signature ~ Manager's Signature UTILrrlES 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:~BULLETINMCORMS~GENDA 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 FROM BANK OF AMERICA (NO. 3051870) IN THE AMOUNT OF $77,080.00, AS SURETY FOR THE INSTALLATION OF WATER AND SEWER IMPROVEMENTS FOR THE PROJECT KNOWN AS VILLAS AT QUANTUM LAKES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon ,mmendation of staff, does hereby accept the above referenced Letter of Credit in the mount of $77,080.00, as surety for the installation of water and sewer improvements for the ect known as Villas at Quantum Lakes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section l. The City Commission of the City of Boynton Beach, Florida hereby and accepts a Letter of Credit in the amount of $77,080.00 as surety for the installation of water and sewer improvements for the project known as Villas at Quantum Section 2. That this Resolution shall become effective immediately upon passage. PASSED A1ND ADOPTED this ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk ;:\CA\RESO\Lettem of Credit~Accepfing Letter of Credit -Villas at Quantum.doc Bank of America PAGE: 1 DATE: OCTOBER 10, 2002 IRREVOCABLE STANDBY LETTER OF CREDIT NLrMBER: 3051870 BENEFICIARY APPLICANT CITY OF BOYNTON BEACH / UTILITIES THE VILLAS AT QUANTUM LAKES, INC. 100 E. BOYNTON BEACH BLVD. 7 CORPORATE PLAZA BOYNTON BEACH, FL 33437 NEWPORT BEACH, CA 92660 ATTENTION: PETER MAZZELLA AMOUNT USD 77,080.00 SEVENTY SEVEN THOUSAND EIGHTY AND 00/100'S US DOLLARS EXPIRATION OCTOBER 4, 2003 AT OUR COUNTERS WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 3051870 WHICH IS AVAILABLE WITH BANK OF AMERICA N.A. BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA N.A., ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW: A WRITTEN STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED AGENT OF TME CITY OF BOYNTON BEACH STATING THE FOLLOWING: "THE AMOUNT DRAWN REPRESENTS THE TOTAL COST TO COMPLETE THE IMPROVEMENTS FOR THE PROJECT KNOWN AS THE VILLAS AT QUANTUM LAKES." THIS LETTER OF CREDIT SHALL BE ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY. WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AT BANK OF AMERICA N.A., 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR, LOS ANGELES, CA 90017, MAIL CODE CA9-703-19-23, AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, ICC PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-345-5304. AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 1 PAGE(S). ~ BANUELI~ EUNSON BAE Bank of America DATE: MAY 2, 2003 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: 3051870 AMENDMENT ~ER 1 BENEFICIARY APPLICANT CITY OF BOYNTON BEACH / UTILITIES THE VILLA~ AT QUA~NTUM LAKES, INC. 100 E. BOYNTON BEA&3H BLVD. 7 CORPORATE PLAZA BOYNTON BEACH, FL 33437 NEWPORT BEACH, CA 92660 ATTENTION: PETER MAZZELLA THIS AMENDMENT IS TO BE CONSIDERED AN INTE(~J~ PART OF THE ABOVE CREDIT AND b~JST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: LETTER OF CREDIT TEXT IS DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: RE: INSTJ%LLATION OF WATER AND SEWER SYSTEMS TO BE OWNED BY THE CITY OF BOYNTON BEACH FOR THE PROJECT KNOWN AS VILLAS AT QUANTUM LAKES. WE HEREBY EST~LISH IN YOUR FAVOR OUR CLEAN IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 3051870 WHICH IS AVAXLABLE WITH BANK OF AMERICA N.A. BY PAYMENT AC4%INST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA N.A. THIS LETTER OF CREDIT WILL BE ~TICALLY RENEWED WITHOUT AMENDMENT FOR A ONE YEAR PERIOD ON THE EXPIRATION DATE SET FORTH ABOVE AND UPON EACH ANNIVERSARY OF SUCH DATE, UNLESS AT LEA~T NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE, OR PRIOR TO ANY ANNIVERSARY OF SUCH DATE, WE NOTIFY YOU IN WRITING BY OVERNIGHT COURIER SERVICE THAT WE ELECT NOT TO SO RENEW THIS LETTER OF CREDIT. THIS LETTER OF CREDIT EXPIRES ON OCTOBER 4, 2003 IN HIALEAH, FLORIDA. WE HEREBY A~REE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TEBMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AT BANK OF AMERICA TRADE OPERATIONS, MIAMI LAKES OPERATIONS CENTER (MIX)C), 5875 NW 163RD STREET, MAIL CODE: FL7-405-02-06, HIALEAH, FL 33014, AS SPECIFIED HEREIN. EXCEPT AS OTHERWISE EXPRESSLY STATED, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOC'u%{ENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF CO~v~RCE PUBLICATION NO. 500. (THE '~UNIFORM CUSTO~VIS AND PRACTICE"). AS TO MATTERS NOT GOVERNED BY THE UNIFOrm4 CUSTOMS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, INCLUDING THE UNIFORM COb94ERCIAL CODE AS IN EFFECT IN THE STATE OF FLORIDA. ALL OTHER TEI~MS AND CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CA/J~ 213-345-5304. BANK OF AMERICA, N.A. EUNSON BAE ORIGINAL '.') Recycled Paoe V.-CONSENT AGENDA ITEM C.3 O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates ~ in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2.2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I. 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5. 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) .--: [] Administrative [] Legal :.~ . NATURE OF [] Announcement [] New Business .... c', AGENDA ITEM [] City Manager's Report [] Presentation ~ -:'~' [] Consent Agenda [] Public Hearing ~ -- '~ [] Code Compliance/Legal Settlements [] Unfimshed Business r,"~ ~, RECOMMENDATION: -~- Motion to approve and authorize signing of the Joint Participation and Project Funding Agreen~nt between Palm Beach County and the City of Boynton Beach, for the construction of Woolbright Road from Jog Road to Military Trail. The total commitment by the City of Boynton Beach for utilities adjustments, based on pricing obtained through the bidding process is $42,300. EXPLANATION: Certain water and sewer utility adjustments will be required as part of the reconstruction of Woolbright Road from Jog Road to Military Trail. Palm Beach County has included bid items for these adjustments as part of their bid package. The actual cost to the City may be less, but will not exceed the specified value without additional approval by the City. PROGRAM IMPACT: It is most cost-effective for these adjustments to be completed as part of the roadway construction. Doing so will assure that the utility facilities in the construction zone will be modified as intended, and be compatible to the new roadway configuration. FISCAL IMPACT: $42, 300, available in the Utilities Renewal and Replacement fund. (401-5000-590-96.02 WTR117; and 401-5000-590-96.04 SWR 096) ALTERNATIVES: Reject the County's bids, and perform the work using City forces in the midst of the County's construction area. S:~BULLETIN,,FORMS~,AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 'l~e~artment Head's~ignature ~City ~lanager' s Signature UTILITIES ~ Depa~tt~xent Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/1 copy of attachments) Peter Mazzella " Barbara Conboy " Finance Dept. " File " S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC March 25, 2003 Department of £ngineerin~ and ~bnc Wor~s City of Boynton Beach Utilities Deparhnent P.o. Box 21229 124 East Woolbright Road West Palm Beach, FL 33416-1229 Boynton Beach, FL 33435-6040 (561) 684-4000 ATTN: Mr. Peter V. Mazzella, Assistant to the Director of Utilities www. pbcgov, com RE: JOINT PROJECT PARTICIPATION/FUNDING AGREEMENT IN TIlE CONSTRUCTION OF WOOLBRIGHT ROAD, · JOG ROAD TO MILITARY TRAIL PALM BEACH COUNTY PROJECT NO. 99507 Dear Mr. Mazzella: Palm Beach County Board of County Commtssion*~ Enclosed herewith are three original joint project participation/funding agreements for your utility work on the referenced project. Bergeron Land Development, Inc., was the }~'u'en t. Marcus. Chair lowest responsive bidder. The contract was awarded by the Board of County Tony Masilotti. Vice Chairman Commissioners on March 11, 2003 and includes your items of work in the amount of $ 42,300.00. Jeff Koons Please review and request the City to execute the agreements and return all three Warren H. Newell originals for execution by the County. Mary McCarry If you have any questions regarding this matter, please feel free to contact this office. Burr Aaronson Addle L. Greene [ Sincerely, ,,~ ./J~melio A. Femandez, P.E., Director -"[~'°l'~" ~EngineeringrPublic Works Operations County ~lminlstrator l:~.oberr Weisman OAF/~/"It-I/ Enclosure pc: George T. Webb, P.E., County Engineer Marlene R. Everitt, Assistant County Attomey-w./Attachment Carl R. Miller, Director, Construction Coordination-w./Summary Bob Ward, Budget Analyst/OFMB Richard Farquhar, Fiscal Manager I, Administrative Services-w./Attach. PC: Tanya N. McConnell, P.E., Five Year Road Program Manager, Roadway Steven B. Carrier, P.E., Special Projects Manager, Roadway Production L. Morton Rose, P.E., Project Engineer, Roadway Production Division Carl L. Hussey, P.E., Utility Coordinator, Roadway Production-w./Attach. F:,ROADW AY~AG RMIZ99507BBU-LTR.wpd 'An Equal Opportunity AffirraaCive Action Employer' ~ printed o~ recycled pape~ RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AND PROJECT FUNDING AGREEMENT FOR THE CONSTRUCTION OF WOOLBRIGHT ROAD FROM MILITARY TRAIL TO JOG ROAD BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve the Joint Participation Agreement and Project Funding Agreement for the utility work, for the construction of Woolbright Road from Jog Road to Military Trail; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF YHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby approve, and authorizes the City Manager to execute the Joint Participation and Project Funding Agreement between the City of Boynton Beach and Palm Beach County, a copy of which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor comrmssioner comrmssioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA\RESO~Agreement~Joint Agreement PBC - Woolbdght Roa~ Construction.doc AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF BOYNTON BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF WOOLBRIGHT ROAD, JOG ROAD TO MILITARY TRAIL PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 99507 THIS AGREEMENT, made and entered into this __ day of 2003, by and between PALM BEACH COUNTY, a political subdivision in the State of Florida, herein referred to as "COUNTY" and the "CITY OF BOYNTON BEACH", a municipality in the State of Florida, herein referred to as thc "CITY", WITNESSE'gH: WHEREAS, COUNTY and CITY desire to jointly participate in the construction of utility adjuslments to water distribution and/or sewage transmission systems and other improvements, hereinafter referred to as the "Work" along the right-of-way of Woolbright Road ~om Jog Road to Military Trail roadway improvements, hereinafter referred to as the "Project"; and WI~REAS, Florida Statutes, Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, both COUNTY and CITY declare that it is in the public interest .that the "Work" be constructed with the aforementioned PROJECT; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to t,his Agreement agree as follows: 1. The CITY agrees to pay directly to the COUNTY costs attributable to construction of the "Work" along the right-of-way of the "Project" as outlined and shown in the Bid Documents for Palm Beach County Project No. 99507. AGREEMENT WITH THE CITY OF BOYNTON BEACH 2. Said summation of costs is stated in the amount ors 42,300.00 in accordance with the attached bid tabulation (Attachment "A") and summary (Attachment "B") for the specified work. 3. Costs shall be adjusted upon actual contract costs and completion of the project using contract taut prices and actual constructed quantities, said quantities being measured by the Palm Beach County Engineering and Public Works Department. 4. The CITY agrees to fiand those contributions set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. 5. The COUNTY is to be responsible for administ~ing the funds in accordance with the Agreement. 6. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of the "Work" and final certification for the aforementioned "Work" as it relates to the CITY's work 7. The COUNTY shall obtain CITY approval for any change orders which increase the cost atmbutable to the construction of utility adjustments to water distribution and/or sewage transmission systems and other improvements to an amount greater than the contract amount as stated in Paragraph 2 of this agreement. The CITY shall be responsible for any cost caused by the CITY's delays including but not limited to change orders atmbutable to the roadway improvements as it relates to the CITY's work. 8. In the event that additional work and funding is required, the additional cost attributable to said construction of the "Work" as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under mn attributable to said construction of the "Work", as outlined in the specification, the CITY will be credited the excess amount. AGREEMENT WITH THE CITY OF BOYNTON BEACH 9. The CITY shall indemnify, defend, and hold harmless the COUNTY against any actions, ctaims, or damages arising out of CITY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemmfy the COUNTY for the COUNTY's negligent acts or omissions. 10. The COUNTY shall indemnify, defend, and hold harmless the CITY against any actions, claims, or damages arising out of COUNTY's negligence in connection with this [nterlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the CITY for the CITY's negligent acts or omissions. 1 I. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 12. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to the CITY shall be sent to: City of Boynton Beach 124: East Woolbright Road Boynton Beach, Fl 33435-6040 ATTN: ,Mr. Peter V. Mazzella Assistant Director of Utilities All notice to the COU2qTY shall be sent to: George T. Webb, P.E., County Engineer Engineenng and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416-1229 ATTN: ROADWAY PRODUCTION AGREEMENT WITH THE CITY OF BOYNTON BEACH IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OF BOYNTON BEACH P,~LM BEACH COUNTY, FLORIDA, BY ITS ARID OF COUNTY COMMISSIONERS BY: BY: Karen T. Mar~us, Chair ATTEST: ATTEST: JANET M. PRAIN1TO, CITY CLERK DOROTHY H. WILKEN, CLERK BY: BY: (DATE) (DATE) By:. APPROVED AS TO TERMS AND CONDITIONS APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY: City Attorney Assistant County Attorney F:~ROADW AY~AG RMT~9950~BU. J 2F w~ llliill iii iii iii illliillili ~ - --.. i i ~ !iii '"i --.., lit iii ~ I ~,, ,-..~ itttt !"' iii' ,,,,,,, ATTACHMENT "B' " PROJECT NAME: WOOLBRIGHT RD., JOG RD. TO MILITARY TR. PROJECT NUMBERS: 99507 BERGERON LAND DEVELOPMENT, INC. ITEM QUANTITY fUNITS UNIT PRICE AMOUNT ROADWAY ITEMS 21 MANHOLE ( TYPE P-7 ) l EA $ 2,600.00 23 MANHOLE ( TYPE J-7 ) 1 EA $ 3,500.00 DIFFERENCE BETWEEN 21 & 23 2 EA $ 900.00$ 1,800.00 23 MANHOLE ( TYPE J-7 ) 2 EA $ 3,500.00 $ 7,000.00 26 PREMIUM FOR CONFLICT 2 EA $ 3,000.00 $ 6,000.00 CONDITIONS (SEE S.P.'s) 27 ADJUST UTILITY MANHOLES 2 EA $ 1,500.00 $ 3,000.00 (CITY OF BOYNTON BEACH) ROADWAY ITEMS SUBTOTAL $ 17,800.00 CONTINGENCY ITEMS 85 ADJUST FORCE MAIN (CONFLICT) 3 EA $ 3,550.00 $ 10,650.00 86 ADJUST WATER MAIN (CONFLICT) 1 EA $ 4,300.00 $ 4,300.00 87 ADJUST AIR RELEASE VALVE 2 EA $ 525.00$ 1,050.00 88 UTILITY SUPPORT 500 LF $ 8.50 $ 4,250.00 89 SUPPORT & PROTECT 500 LF $ 8.50 $ 4,250.00 WATER MAIN CONTINGENCY ITEMS SUBTOTAL $ 24,500.00 GRAND TOTAL $ 42,300.00 F :LROADWAY~AGRMTx99507BBU-SUM.wpd V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C.4 AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates , in to City Clerk's Office Meeting Dates in to City Clerk's Office [-']. April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Busmess AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfimshed Business RECOMMENDATION: Staff recommends Commission approval of the purchase of property owned by Gary L. Holloway, located at 1100 NW 1u St. for the appraised price of $75,000.00. EXPLANATION: The acquisition of this property is the first of acquisitions that are essential to the implementation of the Heart Of Boynton Project. PROGRAM IMPACT: Implementation of The Heart of Boynton Development Program FISCAL IMPACT: Purchasing this particular property at this time is very cost effective as it is not occupied, and there would be no relocation costs involved. ~ ALTERNATIVES: Purchase at a later date may be more expensive due to rising property values and possible relocation u-.'" De~'tr~e~t"l~'d's Si~'~ture ~C{ty Manager's Signature DEPARTMENT OF DEVELOPMENT COMMUNITY IMPROVEMENT DMSION Departrnent Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS',AGENDA ITEM REQUEST FORM.DOC A~.REI~.M'KNT FOR PI~RCI-IA~K ANI~ SAI.K Oi~ REAI~ PROPi~.RT¥ THIS AGREEMENT is made and entered into by and between CITY OF BOYNTON BEACH, FLORIDA, a FLORIDA mumcipal corporation (hereinafter referred to as "PURCHASER"), and GARY W. HOLLOWAY (hereinafter referred to as "SELLER"). W 1T N F,,q ~q F, T H In consideration of the mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1. DEFINITIONS, The following terms when used in this Agreement for Purchase and Sale shall have the following meamngs: 1. l [ ,and That certain parcel of Land located at 1100 N.W. 1st Slxeet, Boynton Beach, Florida 33435, and consisting of a single family residence, which is described on Exhibit "A" ("Legal Description") attached hereto and made a part hereof. 1.2 CAming. The delivery of a Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to SELLER. 1.3 ~. The date upon which the closing occurs. 1.4 Deed. A Warranty Deed, which shall convey the Land from SELLER to PURCHASER relative to the Land consisting of a single family residence. 1.5 .Eameat_Mma~. The sum of Five Thousand and 00/100 ($5,000.00) Dollars has been delivered fi.om PURCHASER to Escrow Agent pursuant to Section 2.1 set forth herein. 1.6 PIIRCFIA,qF, R',q Addre,qs, City of Boynton Beach, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425, attention: Octavia S. Sherrod. 1.7 ~qF, I,I ,F,R'~q Addre~qs. Gary W. Holloway, __3037 N F,_ 13th Ave.: Oakland Park: Page 1 1.8 Other Definiticma, The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each 'gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof" and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. pIIRCI--IASE ANTD ~qAI,l~,, Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Land previously identified on Exhibit "A" for the total purchase price of Seventy- Five Thousand and 00/100 ($75,000.00) Dollars and upon and subject to the terms and conditions hereinafter set forth. 2.1 ~. Concurrently with the execution of this Agreement by PURCHASER and SELLER, PURCHASER shall deposit and cause to be placed in an escrow account maintained by GOREN, cHERoF, DOODY AND EZROL, P.A. monies in the amount of Five Thousand and 00/100 ($5,000.00) Dollars. The Escrow Agent is located at: GOREN, CHEROF, DOODY AND EZROL, P.A., 3099 East Commercial Blvd., Suite 200, Fort Lauderdale, Florida, 33308. This Agreement is contingent upon the SELLER'S ability to deliver good and marketable title for the Land, in accordance herewith. Should the SELLER not be able to perform hereunder or fall to deliver good and marketable title for the Land, the PURCHASER shall be entitled to a refund of the entire sum of Five Thousand and 00/100 ($5,000.00) Dollars, held by the Escrow Agent. At closing, a copy of the closing statement signed by both parties hereto shall be conclusive evidence of the SELLER'S fight to receive the deposit. Page 2 2.2 lRalanee cfi l:h~reha~e Price. PURCHASER shall pay the balance of the Purchase Price to SELLER at closing by readily negotiable funds drawn on a local financial institution pursuant to the terms of the Agreement for Purchase and Sale or by wire transfer to an account identified by SELLER. 2.3 The Purchase includes: (a) The single family residence and improvements located on the Land; (b) All fight-of-ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Land; (c) Ail fight, title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any fight of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any fight, title or interest of SELLER and (2) for any damage to the Land due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereat'ret on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; (d) Ail fixtures and articles of personal property attached to or used in connection with the Land as more particularly identified on Exhibit "B" ("Personal Property") as provided by SELLER, which is attached hereto and made a part hereof. SELLER represents that such fixtures and articles are paid for and are owned by SELLER free and clear of any lien or encumbrance. SELLER is to provide a list of Personal Property to PURCHASER within ten (10) days following the effective date of the Agreement; and (e) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. Page 3 3. INSPECTION~q. PURCHASER shall have a twenty (20) calendar day period of time commencing as of the effective date to determine that the Land is satisfactory ("Inspection Period"). Additionally, that the Land has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Land. During the Inspection Period, PURCHASER shall determine that utility services including, water, waste water, electric, telephone and ail other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Investigation Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Land for purposes of on-site inspection, if deemed necessary by PURCHASER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the circumstances. In the event that any inspections conducted by the PURCHASER relative to the Land during this period prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement prior to the twenty (20) day due diligence period. 4. RET,I .ER ',q REPRFJ,RI:t. NTATTC)N.q, To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of his knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be tree as of the date of the closing unless SELLER receives information to the contrary, and (iii) shall survive the closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 4.1 At all times prior to closing, SELLER shall keep the Land (whether before or after the date of closing) flee and clear of any mechanic's or materiaimen's liens for work or materials Page 4 furnished to or contracted for, by or on behalf of SELLER prior to the closing, and SELLER shall indemnify, defend and hold PURCHASER harmless fi.om and against all expense and liability in connection herewi*.h (including, without limitation, court costs and reasonable attorney's fees). 4.2 All laws, ordinances, rules, regulations and orders (including, without limitation, those relating to zoning, building, fire, health and safety and environmental control and protection) of any government or agency, body or subdivision thereof, and all standards and regulations of appropriate supervising boards of fire underwriters and similar agencies, bearing on construction, operation or use of the Land or any part thereof in effect on the date hereof, have to SELLER'S knowledge, been complied with by SELLER; that SELLER has received no notice or has no actual knowledge that any such government, agency, body or subdivision thereof, or any employee or official thereof considers the construction or completion of the Land or the operation or the use of the same to have violated any such law, ordinance, rule, regulation, order or standard, or that any investigation has been commenced or contemplated respecting any such possible violation. 4.3 SELLER has no actual knowledge of pending or contemplated condemnation proceedings affecting the Land or any part thereof. 4.4 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Land by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Land or any part thereof or which would otherwise relate to the Land. 4.5 SELLER represents that it has no actual knowledge nor has it received any notice that the Land has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or Page 5 material which has been detemamed by any state, federal or local govemment authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 4.6 SELLER has full power and authority to enter into this Agreement and to assume and perform his obligations hereunder; the execution and delivery of this Agreement. 4.7 The SELLER represents to the PURCHASER that the Land is not subject to any deed restrictions or declaration of restrictions running with the Land which would affect the use of the Land. 4.8 SELLER warrants that it will not, between the date of this Agreement and the closing, without PURCHASER'S prior written consent, create by his consent any encumbrances on the Land. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases (excluding, however, normal mini-warehouse leases made in the ordinary course of business), easements, covenants, conditions or restrictions. 4.9 SELLER shall not list or offer the property for sale or solicit or negotiate offers to purchase the property while this Agreement is in effect. 5. FVIDFNCF OF TITI ,F. 5.1 IillaJallxe_Land. SELLER shall convey to PURCHASER at closing, by delivery of a Warranty Deed, regarding the subject Land, including all easements and restrictions of record with the exception of the encroachment(s), attached hereto. PURCHASER shall, during the Page 6 Inspection Period, secure a title insurance commitment issued by a title insurance underwriter approved and selected by PURCHASER for the subject property insuring PURCHASER'S title to the Land subject only to those exceptions set forth in the commitment. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be bome by the PURCHASER. PURCHASER shall have five (5) days from the date of receiving said commitment to examine the title commitment. If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall within five (5) days of receipt of said commitment, notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within ten (10) days after PURCHASER has provided notice to SELLER. Within two (2) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within ftve (5) days after receipt of a cure notice specifying an uncured objection, in which event all instruments and monies held by the Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.2 Survey and l,egai De.qeription. During the Inspection Period, PURCHASER shall order: (i) a tree, complete and reproducible tracing of a current survey map (current is defined to be Page 7 certified within fit~een (15) days of the date of the Agreement), prepared by a registered Land surveyor or engineer licensed in the State of Florida showing the boundaries of the Land, and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of Land contained in the Land, all buildings, improvements and encroachments; and (ii) a correct legal description of the Land which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. The costs relative to the survey shall be paid by the PURCHASER. In the event the survey shows any material encroachments, strips, gores, or any portion of the Land non-contiguous to any other portion of the Land or any other matter materially affecting the use or marketability of title to the Land (any such matter is herein called a "survey objection" and treated as a title defect), PURCHASER shall have a period of five (5) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASER'S use of the Land. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.1 hereof such that the parties shall have the same rights Page 8 and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.1. 6. RIgK OF [.Ogg. 6.1 Risk of loss or damage t~om fire, other casualty, or both, is assumed by SELLER until the deed described in Section 5.1 hereof is delivered by SELLER to PURCHASER. In the event any portion of the Land is destroyed or rendered unleaseable by fire or other casualty then the following shall apply: (a) If the damage, as determined by the insurance adjuster, is not more than $25,000.00: (i) PURCHASER shall complete settlement and all insurance proceeds relating to the improvements damaged by such casualty loss shall be paid to the PURCHASER, and (ii) SELLER shall pay to PURCHASER on the date of closing the full amount of any deductible under SELLER'S fire and extended coverage insurance policy applicable to said damage; (b) If the damage, as determined by the insurance adjuster, is more than Twenty- Five Thousand ($25,000.00) DOLLARS, PURCHASER shall have the option to (i) complete the settlement hereunder and collect all available insurance proceeds relating to the improvements damaged by such casualty loss, in which case SELLER shall pay to PURCHASER on the date of closing the full amount of any deductible under SELLER'S fire and extended coverage insurance policy, or (ii) terminate this Agreement and receive a refund of entire deposit and interest. SELLER warrants that it shall maintain until the date of the closing adequate "All Risk" property insurance; and: 7. TR ANgFFR OF TITI F. gI I~[IF. CT TO. The Land shall be conveyed subject only to those exceptions as set forth in Sections 2.3, 5.1 and 5.2 and to: Page 9 (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record provided that they are used to se~ice the Land and provided that the buildings and other improvements, including but not limited to the Facility, are not on the easements. (b) Unpaid assessments payable after the date of the transfer of title. 8. AD_Il LqTMF~NT.q AT CT,O.qING. The following are to be apportioned pro-rata to the date of closing: All utilities, security deposits, rental payments, electric, non-delinquent taxes and assessments (Land and personal property) computed on a fiscal year basis, and water and sewer charges. SELLER shall submit evidence of payment of water, electric and sewer charges for the last month preceding the month of the closing and PURCHASER and SELLER agree that all said charges shall be pro-rated in accordance with the last billing submitted. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in 2003. This shall survive the Closing. 9. CI.O.qING DAT~ AND PI.AC~., The closing will take place at the office of legal counsel for the PURCHASER or by mail through the Escrow Agent on or before ten (10) days subsequent to the end of the Due Diligence Period. 10. DEFAIII.T. If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, all monies on deposit and interest earned on the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. In the event of a default by SELLER, PURCHASER shall be entitled to an Page 10 immediate refund of all monies tendered as earnest money or PURCHASER shall be entitled to equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. 1 l. FIRC)KFR_ SELLER represents that it has not listed the property for sale or otherwise entered into any agreement for the payment of a real estate brokerage commission regarding the sale of the property with any broker or any other person entitled to be paid a brokerage commission in accordance with the listing agreement and Florida law. SELLER agrees to indemnify and hold the PURCHASER harmless from any and all claims, demands, actions, judgments, or liability arising out of the Broker's participation in the transaction. 12. COSTS. Upon closing, PURCHASER shall be responsible for the costs and expenses related to obtainment of title insurance. Title to the property must be marketable as well as flee and clear of liens and encumbrances. The costs and expense related to the survey shall be paid by PURCHASER. All expenses incurred which shall include documentary stamps to be affixed to the Warranty Deed and the recording of the Warranty Deed shall be borne by SELLER. PURCHASER, at its own expense, may conduct and obtain an Environmental Phase I audit of the property. Should PURCHASER determine, in its sole discretion, that a Phase II environmental Inspection will be necessary, PURCHASER will be responsible for the cost. 13. CONTRACT~q. Upon the execution of this Agreement, SELLER shall provide PURCHASER during the inspection period with copies of any and all existing contracts, licenses, and perm/ts affecting the Property and in SELLER'S possession. 14. .qF.l J.F.R',q WARIIANTIF.~q. SELLER hereby acknowledges and warrants to the best of its knowledge that all of the following are true and correct and all of which shall survive the closing only for a period of one (1) year fi:om the date of closing. Page 11 14.1 There are no known leases, letting or tenancies affecting any part of any of the Land. 14.2 SELLER has received no written notice on or prior to the date hereof fi.om any government, or aay agency, body or subdivision thereof, that the buildings and tangible personal ~ property (as such term is hereai~er defined, including without limitation the roofs, the heating, the ventilating, air conditioning, and electrical systems, the foundations and the fixtures and equipment used in the general operation of the property) are not in good working order or otherwise in need of repair or replacement. 14.3 The insurance policies presently in effect with respect to the property are as set forth in Exhibit "C" (Insurance Policies) attached hereto and made a part hereof and such insurance or appropriate replacements thereof, shall be kept in effect by SELLER through the closing hereunder. SELLER has received no notice of outstanding requirements or recommendations with respect to the property by (1) insurance companies which issued the policies described on Exhibit "C" or (2) by any board of fire underwriters or other body exercising similar functions requiring or recommending any repairs or work to be done on the property. SELLER shall indemnify, hold harmless and defend PURCHASER against all claims, demands, losses, liabilities, costs and expenses, including attorney's fees, imposed upon or accruing against PURCHASER as a result of the representations contained in this Section. 15. PIIRCI--IA,ql:R',q WARRANTIF,~q. PURCHASER hereby acknowledges and warrants to the best of its knowledge that all of the following are true and correct and all shall survive the closing: 15.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. Page 12 15.2 The execution and delivery of this Agreement and the performance by PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as may be required, and no further action or approval is required in order to constitute this Agreement as a binding obligation of the PURCHASER. 16. ENFORC~ARII.ITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 17. NO MI:~RGF. R. All warranties, representations, covenants, terms and conditions herein contained shall survive the delivery and recording of the deed for a period of one (1) year. 18. C. ONTINGF. NCIF,~q. PURCHASER'S obligations under this Agreement are contingent upon the following: 18.1 That the PURCHASER is fully satisfied with its due diligence investigation conducted during the investigation period. 18.2 The conveyance of clear and marketable title to the property. 18.3 That the environmental audits (Phase I & 1/) are satisfactory and acceptable to PURCHASER. 18.4 A majority vote of the City Commission approving the transaction. 19. NO IJ~,glII.ITY, Unless this Agreement is properly executed by both parties within the specified time period, neither party shall be obligated to perform the covenants herein contained. Page 13 20. NC)TICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard - Boynton Beach, Florida 33425 With a Copy to: JAMES A CHEROF, ESQ. Goren, Cherof, Doody and Ezrol, P.A. 3099 East Commercial Boulevard, #200 Fort Lauderdale, FL 33308 SELLER: GARY W. HOLLOWAY With a Copy to: 21. F. FI:rECTIVE DATE. Unless both SELLER and PURCHASER execute this Agreement by May__, 2003, this Agreement shall be null, void and ineffective. This Agreement shall be deemed effective as of the last date that the document is executed by either all of the parties and the Escrow Agent. 22. Cd)VI.lINING I.AW. This Agreement shall be govemed by the laws of the State of Florida. 23. ENTIRE AGREEhAENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 24. NO C)RAI, CI4ANGE, This Agreement may not be changed or amended orally. 25. SI TCCE.qROR~q. This Agreement shall apply to and bind the distributors, executors, administrators, successors and assigns of SELLER and PURCHASER. 26. COl ]'NrTEIIPAIITg This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. Page 14 27. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 28. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has · accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained fi.om your county health unit. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below: WITNESS: PURCHASER: THE CITY OF BOYNTON BEACH, a Florida municipal corporation By: ., Mayor Print Name: DA EEXEC ,~ED: , 2003 Print Name:, 5i , ~ ' PrirltName.'~'~ ~-'Kl~a~,li~l~ DATE EXECUTED: /t/'~q,~',~, ,2003 Page 15 ESCROW AGENT: GOREN, CHEROF, DOODY & EZROL, P.A. By: DONALD J. DOODY Print Name:. Print Name: DATE EXECUTED: ,, 2003 Page 16 EXHIBIT "A" LEGAL DESCRIPTION Page 17 EKHIBIT "B" PERSONAL PROPERTY Page 18 EXHIBIT "C" INSURANCE POLICY(lES) H:~003\030228~Purchase Agreement boynton beach holloway.doc Page 19 RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE HEART OF BOYNTON BEACH PROSECT FROM GARY L. HOLLOWAY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be the best interests of the citizens and residents of the City to acquire property located at 1100 IsT Street, owned by Gary L. Holloway, for the appraised amount of $75,000.00, as part of implementation of the Heart of Boynton Beach Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as ~eing true and correct and are hereby made a specific part of this Resolution upon adoption Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby the acquisition of property fi.om Gary L. Holloway, for the implementation of Heart Boynton Beach Project and authorizes the City Manager to execute all necessary documents. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of June, 2003. i \CALRI~$OXR~al ,~ta~h~r~ha~ of Holloway Prop~.t~. H~ ofl~oym~ PmJ¢~.cloc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) \CAXI~cSOXR~al EsSeX-~-,~t~ of Hoiloway I~opert~ - HemX ofl~oyntma Pro~ 6oe CITY OF BOYNTON BEACH ITEM O.l. AGENDA ITEM REQUEST FORM Requested City comrmssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetimz Data in to City Clerk's Office Meetin~ Dates in tO Cit~ Clerk's Office [] April l, 2003 ~ March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15. 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June t6, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30. 2003 (Noon) [] Admixfistrative [] Legal NATUI~ OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consem Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Buzme~ RECOMMENDATION: Please place ~ request on the Iune 3, 2003 Ci~ Co--sion Agenda under Consent Agenda. The Planning and Development Board with a 6 to 1 vo~e, reco~d that ~e subject request be approved, subject to staff co~iu-~nts except for the elemination of comment #2 and replacement of com~l~nt #15 with a comment to clarify the recon~endation regarding the extent of the City's responsibility for road improvemenl~. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-118. EXPLANATION: PROJECT: New Alliance H.itian Church (NWSP 01-008) AGENT: Alfred Dais~ OWNER: New Alliance Haitian Church LOCATION: Hoadley Road (east end) DESCRIPTION: Request for site plan approval for a one-sto~y (240 seat) church on a 1.9-acre parcel. This item was acted upon by the Board on September 24, 2002, and subsequently directed back to the Board by the City Commission to reconsider impacts of road improvements upon adjacent nei~bors. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~)~ N/A Development l~-~nt Director ../~ City Manager's Signature f,..../, Plarmmg and Zo~ Dir~-ctor City Attorney / Finance / Human Resources $:\PIannin$~HARED\WP\PROJECTS\New Alliance Haitian Church~Asenda Item Requ~tNew Alliance Haitian NWSP 01-008 6-3-03.do~ S:\BULL£TIN\FORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNZNG AND ZON]:NG DZVZS]:ON MEMORANDUM NO. PZ 03-118 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Edc Lee .~ohnson, A[CP Planner DATE: May :tS, 2003 PROJECT NAME/NO: New Alliance Haitian Church / NWSP 03.-008 REC~UF. ST: New Site Plan pRO3ECT DESCR]:PTZON Proper~ Owner: New Nliance Haitian Church Applicant: Alfred Daise with Oaise Management Corporation Agent: Alfred Daise with Daise Management Corporation Location: East side of Hoadley Road, approximately 850 feet south of Old Boynton Road (see Exhibit "A"- Location Map) ExisUng Land Use/Zoning: Low Density Residential (LDR) / Single-family Residential (R-3.AA) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a one-story 5, ].46 square foot church with 240 seats on a 3..9-acre parcel. Acreage: 82,871 square feet (1.9 acres) Adjacent Uses: North: Developed single-family homes with a Low Density Residential (LDR) land use classification and zoned Single-family Residential (R-3.AA); South: Canal right-of-way, farther south is commercial development with a Local Retail Commercial (LEC) land use classification and zoned Community Commercial (C-3); East: Canal right-of-way, farther east is developed single-family homes with a Low Staff Report - New Alliance Haitian Church (NWSP 01-008) Memorandum No PZ 03-118 Page 2 Density Residential (LDR) land use classification and zoned Single-family ; Residential (R-I_AA); West: Right-of-way for Hoadley Road, then farther west is a developed commercial plaza (Winn-Dixie) with a Local Retail Commercial (IRC) land use classification and zoned Community Commercial (C-3). Project size: 5, [46 square foot church (240 seats) Site Characteristic: The subject parcel is compdsecl of two (2) square-shaped lots located on the eastside of Hoadley Road near the terminus of the right-of-way. The vacant lots are undeveloped, relatively fiat in contour, and vegetated by field grasses. The site contains a scrub oak, several Cabbage palms, and a Strangler Fig. Several unidentified trees are located along and outside the west property line. The parcel is nestled in an area dominated by single-family homes. According to the survey, the asphalt of the right-of-way stops short of the subject property. The developer will be required to extend the asphalt of the Hoadley Road right-of-way. The existing width of the Hoadley Road right-of-way is 30 feet. By today's standards, this type of roadway (classification - local mad) requires the right-of-way to be 50 feet in width. The actual pavement of Hoadley Road from Oki Soynton Road to the subject property varies in width but is approximately [8 feet wide as it approaches the subject property. Proposal: Mr. Nfred Daise of Daise Management Corporation is proposing to construct a 5,146 square foot church with 240 seats. The project would be built in one (1_) phase. The project was previously by the Technical Review Committee. It was also reviewed at the September 24, 2002 Planning & Development Board meeting. During that meeting, there was much discussion regarding emergency vehicle access to the subject site and the plans' omission of a cul-de-sac, which is typically used at the terminus of rights-of-way. The Planning & Development Board approved the site plan 6 - 1_ with the condition that the City would be responsible to pay for the off-site improvements. The Board, however, may have been unaware of the then-current condition of the roadway. At the October 1., 2002 C~ty Commission meeting, more discussion ensued regarding the condition of the roadway and the improvements required by staff. At that meeting, it was estimated by staff that improving the roadway with asphalt surface would cost between $5,000 and $7,000. The Commission wrestled with who should bear the cost of improving the roadway and what the impacts would be on adjacent neighbors. The item was unanimously tabled to the following Commission meetJng (October 15, 2002). Staff's position is that the cost of the roadway should be borne by the developer, not the City. At the October 1-S, 2002 City Commission meeting, staff suggested that the required infrastructure (water main) should be placed along the west edge of the 30-foot right-of-way. The combination of constructing the water main and improving the pavement to 22 feet in width would result in the removal of most or all existing Seagrape hedges, currently planted within the right-of-way. The applicant was prepared to install the water line and Staff Report - New Alliance Haitian Church (NWSP 01-008) Memorandum No PZ 03-118 Page 3 remove the hedges but argued that the roadway should have been improved to 22 -feet in width in the first place. The Commission tabled the project until the : November 6, 2002 meeting. At that meeting, staff reported to the Commission that a power pole, which is located within the right-of-way, could be relocated as close to the property line as possible. Staff would accept improving the asphalt surface to 20-feet in width but that 2:2 feet would be preferable. No parking would be allowed within the right-of-way. More discussion ensued regarding who would pay the costs for roadway improvements. The City Commission then remanded the project back to the Planning & Development Board for their review of Hoadley Road and the right-of-way width, slope, easements, landscaping, and drainage. The intent of the Commission's motion was for the Board to focus more on the road itself and not on the use. The Commission also recommended that Planning & Development Board's odginal condition of approval be retracted. Before the project could be heard at any Planning & Development Board meeting, the applicant would have to submit roadway improvement plans to the City for review and approval. At the April 29, 2003 Technical Review Committee meeting, the applicant submitted Hoadley Road widening plans (sheet C-1 of 2) showing a 30-foot wide fight-of-way. Staff examined the plans and found them to be adequate for the more detailed review directed by the city Commission. The right-of-way would consist of the following: 20 feet of asphalt, an eastern swale of 2-1/~ feet In width, and a western swale of 7-1/z feet in width. On April 25, 2003, staff approved the applicant's request to waive the requirement for a sidewalk along both sides of Hoadley Road (see Exhibit "D# - Sidewalk Waiver). It is likely that dudng the roadway construction, the trees located within the right-of-way would have to be removed but the Seagrape hedges could be preserved. Perpetual accessibility to the homes located on Hoadley Road would be maintained during the time of roadway improvements. Concurrency: Traffic: In 2001, a traffic impact statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project would generate less than 200 new daily trips, and therefore, meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the city's review. The Engineering Division has found the conceptual information for the right-of-way and the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Ail South Ftodda Water hlanagement District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: This project is exempt from the school concurrency requirements of Palm Beach County. DHveways: The subject properly fronts on Hoadley Road. Two (2) points of ingress / egress Staff Report - New Alliance Haitian Church (NWSP 01-008) Memorandum No PZ 03-118 Page 4 are proposed on Hoadley Road. Each point of ingress / egress will be 23 feet in ~width and separated approximately ~.80 feet from each other. The location of the entrances was determined to be in the optimal locations to allow for emergency and / or service vehicle ingress / egress. Both entrances will have adequate pavement markings and appropriate signage for safety purposes. Parking Facility: Parking required for a place of worship is based on either one (~.) parking space per :t00 square feet of gross floor area or one (1~) space per four (4) seats in the auditorium, whichever is more stringent. The more restrictive parking methodology will be based upon the total number of seats. A total of 63 parking spaces will be required for the project (includes office area). The proposed site plan provides a total of 65 parking spaces. The parking lot would surround the north and west sides of the building. Of the 63 parking spaces, three (3) spaces are designated for handicap use. All handicap spaces would be situated in dose proximity to the building entrances in order to satisfy Ameflcan with Oisabilittes Act (ADA) requirements. All new standard parking spaces will be angled 90 degrees. The dimensions of the standard parking spaces will be nine (9) feet in width by :tS feet in length, except for the handicap spaces, which will be 12 feet in ~ (with 5 feet of striping) by :tS feet in length. According ~ the site plan, the backup distance for the parking spaces and ddve aisles will be 27 feet in width as required by code. Landscaping: The proposed pervious or "green" area of the lot will be 47,502 square feet or 57.326% of the total site. Much of the pervious area along Hoadley Road and to the south of the building will be used for water retention purposes. The west landscape buffer (adjacent to Hoadley Road) will be approximately 40 feet in width. The landscape plan proposes five (5) Uve Oak trees and three (3) clusters of Sabal Palm trees. In addition, two (2) Yellow Elder trees (signature tree) will be located on both sides of the project's entrances. A row of Viburnum and Blue Plumbago shrubs with clusters of Scheffiera arbodcola will be planted within this west landscape buffer. The southern landscape buffer will basically contain 40 Slash Pine trees. No vehicular use areas are proposed along the southern perimeter, which abuts a canal and commercial property. However, four (4) Uve Oak trees and a row of Red'dp Cocoplum hedges are proposed along the east side of the parking lot and drive aisle (in the southern portion of the site). The landscaping around the building will consist of a cluster of three (3) Viburnum hedges, two (2) Pygmy Date palms, two (2) Hibiscus trees, two (2) Crape Hyrtle trees, and a row of Red'dp Cocoplum Hedges. The north and east landscape buffers will be 20 feet in width. The north buffer will contain a landscape berm with a row of Viburnum hedge and Areca palm trees. In addition, six (6) Mahogany trees will line the northern landscape buffer. This plant material will serve as a significant buffer between the subject property and the single-family home to the north. The east buffer will have a row of Simpson Staff Report - New AJliance Haitian Church (NWSP 01-008) Memorandum No PZ 03-118 Page 5 Stopper hedge and six (6) Sweet Hahogany trees. According to the landscape plan, all trees will be installed at least :~5 feet from all outdoor freestanding lighting fixtures. Bail(ling an(l Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story church building will have an overall height of 23 feet - four (4) inches. The maximum allowed height in the R-ZAA zoning district is 30 feet. The building will be 59 feet - six (6) inches in length and 94 feet - four (4) inches in depth. Design: As proposed, the exterior surface will be stuccoed and painted white (Sherwin williams- SW#23.23). The roof will be made of asphalt shingles (Gaf Timberline), which appear to be tan in color. The two (2) inch by eight (8) inch f'ada board will also be painted tan to match the roof. All window and door frames will be painted white (Sherwin Williams - SW#2~.23) to match the wall colors. Staff recommends incorporating more architectural enhancements (such as score lines) into the design to enhance the overall appearance of the building (see Exhibit 'C" - Conditions of Approval). Signage: No wall or monument sign is proposed. All future signage will require additional review and approval by the Planning & Development Board. RECOMMENDAT]:ON: The Technical Review Committee CTRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit ~C" - Conditions of Approval. The Technical Review Committee CTRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional condiUons recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. With respect to costs of off-site improvements, it is standard procedure to require such impacts to be the responsibility of the respective owner / developer. Staff asserts that the cost of improvements should be borne by the developer and not paid for by the City. Past examples are numerous but recently have included projects such as Quantum Park Charter School, Lowe's, and Villa Del Sol. S:\PlanningLShared\Wl3Y~'oi~',::ts\New Alliance Haitian ChurchLStaff Reoort2.rtf Location Map ~x.~.,~.~,. ,~ HOADLEY ROAD CHURCH ".-" C3 ,, ¢ ~3' R3 .. i ?,,,r--~-,?'~ .~, EXHIBIT "B" ' - -- ' ""-"~'--'~T,,-~ '-'-'-;.~ -% / ' -': =-7 ~---'---'-;... .... , ,,~.'* ;! i(~ I " " ' : - - . '% I ~ ~~ ~ ,~' i i~ ~ ~ :tit.~lti:~i~,~!~i~;~:~i~;!~~_ _ _-.. · -- -.-.,--- ~-- ----- . i ~it "' '" ~"'"' -~' ...... ill ;, ti . ,. ,,,.,~ ¢ ,.,.,,,..~ ,.:. 1 ....... ~, It;_ t t,tlll, :' ? ' ' ' I~l*lt! 11i,1., =~ '"'"'~ '::::" =: ' ' :"- ~: : ' ': ~': = ~',, i~ ~ i ~t~. ., .... I~- i i ii ;:~" = ":, I i'~ , i:':, :~J,! I :Iii i :h! il : tl : t : :!~j th'Il lilt i lip F: ~i] ililll Ii, :,i,il:!l:l '.,liB] ::'::: 'Jl[J~ ~l' : j i i I.::I. ' ' I i.ii ii:~:.h:~:!l:l:,:l:l:' ... fill ' ' .. Jill.l,, l~l lli .:: I :l:iJ:i: - ;:: :ii ii:Iii .... I ill'ilII 'i==~ ' ~ i.i!~ i- !.~I! ] !l[jl :: ::~ilI .-[J:l::.l::: ..,,,,:, ,:,:,: -:.: ,,:: ,, .. ,, ,,,, .,,, ' ' t litj i ]["~ :"'::l: h:iiit!' i i!lili :::,,., ~::!P :: ,! :I:~iIi i:, ,:: '::i:i 'i:!,:i: :' ::: :il,l: I: ~I !I ;:: :i;:,:i ::-:i' ~l:i . l: : : : I': :":: '' EXHIBIT "B" - t EXHIBIT "B" ~'~ ~.~ %':~ I .... , -:, .4 I %'.'".~' ."..~Li': ~;~ '~ '~' ~ o~ '~s ., ..... ., · ~. ~_ ;,L~j .... ~ oo * ~ '¥~s ~.___ , / ~.'-'~.,~'~,~-- ~__ ~ - ~-~ O0 ~ g 'V~S , /~. ~:~ _. · ,_;:__ ~ ~ __ FROM VE~IRE ORIVE SOU~ ........... :-', ......... EXHIBIT "B'~ ,,,,,,, ,,-, ,, .-,,, -, ,,,- - 1! I{~ ,,. ,Jr, -,,,,, .,,,.,-, ,.,, t ,ti!! "~ ....... ," i ~ iltl lip I ~lj ~ 'J~lll i II i it ~ I ,~:::::=~---1 'i~'ii '" .... ' ' ~ :':: t [ ~ ~ ' ~~"~ ~ ', '"!i ' :' ' i~~I I~ ~ ~tI ,';~ * EXHIBIT "B" EXHIBIT "C' Conditions of Approval Project name: New Alliance Haitian Church (a.k.a. Hoadley Road Church) File number: NWSP 01-008 Reference: 40" review plans identified as NWSP 01-008 with an April 29, 2003 Plarming and Zoning Depaxtment date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traflle Comments: 1. Place standard end of roadway markers at the southerly end (terminus) of X Hoadley Road. These markers must be in compliance with the Manual on Uniform Traffic Control Devices. 2. Staff recommends rejecting the Planning & Development Board condition X that states the following: "The City shall upgrade the southern portion of Hoadley Road, which appears to be substandard relative to the northern portion of the road, and provide mm-a-round and other deficient infrastructure". Staff requires that all developers fund off-site improvements that are necessary to accommodate the private improvements. Such off-site improvements can include water maim, storm sewers, sanitary sewers, streets, and traffic signals. The developer should bear the cost of upgrading the street. UTILITIES X Comments: None . FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: 3. At the time of permitting, revise the plans to indicate that the color of the stop X bar (proposed at the north driveway) will be white. COA2 05/20/03 2 DEPARTMENTS INCLUDE REJECT 4. At the time of pei:mittmg, show all existing utilities and connections on Site X Characteristics Map (survey) and site plan (LDR, Chapter 4, Section A.3). 5. Full drainage plans in accordance with the Chapter 6, Article IV, Section 5 X will be required at the time of permitting. 6. At the time of permitting, provide a signed and sealed survey, not older than X six (6) months in conformance with the Chapter 23, Article I, Section 5.B.2. The surveyor shall dimension the remaining portion of a lot(s) when pan of a lot is not included within the description. The adjoining property to the north shall read "West 250 feet of Tract 59", not the "East 250 feet as shown" (for consistency with Legal Description.) Show the north right-of-way of Canal L- 24 in relation to the south propert~ line. 7. The import of any fill will require both a tree survey and an excavation/fill X permit. BU!_LDrNG DIVISION Comments: 8. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code]:The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation . NGVD is above the highest 100-year base Hood elevation applicabl--~o t~e building site, as determined by the South Florida Water Management District's surface water management construction development regulations."From the FIRM map, identify in the site data the title of the Hood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base Hood elevation, indicate that on the plans. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawin~ titled site plan; floor plan and pavin~ drainat~e (civil pla~s). 9. At time of permit review, provide a completed and executed City unity of title X form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified 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. 11. At time of p~,~xit review, submit for review an addressing plan for the X COA2 05/28/03 3 DEPARTMENTS I~CLUDE REJECT ;- PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 12. The applicant should indicate on the landscape plans the specific, existing X desirable trees that will be preserved, relocated on site, or removed and replaced on the site. PLANNING AND ZONING Comments: 13. All hedge material (Scheffiera arbicola "Trinette") shall be installed at leas~ X 24 inches in heist, 24 inches in spread, with tip-to-tip spacint. 14. Staff recommends that all windows be made of dark glass since the building X W~ll be light in color. Staff also recommends including two (2) long and narrow windows into the design of the east elevation and incorporating architectural accents (such as score lines) into the overall desi~;n as well. PREVIOUS PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 15. The City shall upgrade the southern portion of Hoadley Road, which appears X to be substandard relative to the northern portion of the road, and provide mm-a-round and other deficient infrastructure. PLANNING & DEVELOPMENT BOARD COMMENTS FOR 5-27-03 16. The City shall upgrade the southern portion of Hoadley Road ending at the X subject property leaving the developer responsible for the reminder of the road, the turnaround, and other deficient infrastructure. Road shall be improved in accordance with plans submRted to staff and provided in back-up. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 17. To be determined. MWR/elj S '~larmmg~red~.Wp~al'o.m~s'~le~ A[I~ Harttaa C~uz~\COA2 ck~ .... EXHIBIT D. P O. Box 310 Boyn~n Beach, ~o~da 8842~'0310 F~' (Sbl) 742'~288 OFFICE OF THE CITY ENGINEER Apdi 25, 2003 Donald P. Senatore Don Senatore, Architect 3160 NE 3rd Ave. Oakland Park, Flodda 33334 RE: Request for Administrative Waiver Sidewalk Hoadley Road (NWSP 01-008) Dear Mr. Senatore: Per your correspondence dated August 26, 2002 and received in this office Apdl 21, 2003, this letter is to serve as approval for your request to waive the requirement for sidewalk along both sides of Hoadley Road. If you have questions or need additional information, please feel free to contact me at (561) 742-6488 or Laudnda Logan, P.E., Senior Engineer, at (561)742-6482. Sincerely, H. David Kelley, Jr., P./EJ~ city Engineer / ! HDK:LL/ck Xc: jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) H. David Kelley, Jr., P.E./P.S.M., City Engineer, Public WorkslEngineedng (via e-mail) Michael Rumpf, Director, Planning & Zoning/Department of Development File DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: New Haitian Alliance Church APPLICANT: Alfred Daise with Daise Management Corporation APPLICANT'S ADDRESS: P.O. Box 1185, Loxahatchee, FL 33470 DATE OF HEARINGRATIFICATION BEFORE CITY COMMISSION: June 3, 2003 TYPE OF RELIEF sOuGHT: Request new site plan for a church LOCATION OF PROPERTY: East side of Hoadley Road, approximately 850 feet south of Old Boynton Road DRAWING(S): SEE EXHIBIT mB" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of headng stated above. The City Commission having considered the relief sought by the-applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\Shared~Wp~Projects~lew Alliance Haitian Chum~)O.doc V.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [~' April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Commission Agenda under Consent Agenda. The Planning and Development 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 03-108. EXPLANATION: PROJECT: Ream Variance (ZNCV 03-004) AGENT: Peter and Stephanie Ream OWNER: Peter and Stephanie Ream LOCATION: 710 SW 27t~ Avenue DESCRIPTION: Request for relief from Chapter 2, Zoning, Section 5.C.2.a, requiting a minimum rear yard setback of 25 feet for a single-family home within the R-I-AA zoning District, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVe.3 ~: N/A Iff'ev~:lol~ment DepaKa'nent Director ~ -/- - Ci~ Manager's Silage // Pla~mg and Zo~g~r CiW A~omey / F~ance / H~n Reso~ces J:~H~ATA~lanning~HA~D~ROJECTSXReam Va~ance~genda Item Request Ream Va~ance ~CV 03-004 6-3-03.dot S:~ULLET~O~S~GENDA ITEM ~QUEST FO~.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #03-108 Staff Report Planning and Development Board and City Commission Meeting Date: May 27, 2003 File No: ZNCV 03-004 Location: 710 SW 27th Avenue (Lot 11, Block 9, Forest Hills Subdivision) Owner: Peter and Stephanie Ream Project: Rear addition to an existing single-family dwelling. Variance Request: Request relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a Single-family home within the single-family residential (R-l-AA) zoning district, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. BACKGROUND The subject property and surrounding neighborhood is zoned R-l-AA, single family residential (see Exhibit "A" - Location Map). The lot, developed in 2001, conforms to the current R-l-AA zoning district building and site regulations. Currently, the subject neighborhood is mostly developed. The property is located at the south side of Southwest 27th Avenue with a depth of approximately 110 feet and a frontage of 80 feet. Staff surveyed the area and it was observed that the majority of properties along the south side of SW 27th Avenue comply with the minimum rear setback requirement of 25 feet, as estimated by the straight alignment of the rear building lines with few exceptions. The subject variance is requested because the applicant intends to expand the existing single-family home with a bedroom/bathroom addition (approximately 317 square feet). This planned expansion is consistent with new construction and redevelopment projects observed throughout the city. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. Page 2 Ream Vadance File No. ZNCV 03-004 c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the appficant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public we/fare. (Exhibit "B" contains the applicant's response to the above criteria.) Staff conducted the analysis focusing on items "a", "b" and "c" above, which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the granting of the variance would not confer on the applicant any special privilege that is denied by the regulations to other properties within the same zoning district. According to the applicant's response to the above-criteria, the applicant stated that other properties in the neighborhood do not have the same setback restrictions. Therefore, the applicant feels that he is also entitled to the same privilege, and accordingly, has provided a proposed site plan depicting the proposed addition (see Exhibit "C" - Survey and Proposed Site Plan). Staff researched City records and was unable to confirm that any similar variances for setback reductions have been granted within close proximity to the subject property. In the last twelve (12) years, two (2) variances for rear setback reduction have been submitted, and both have been denied due to lack of hardship. The subject request has been initiated for the sole expansion of a home situated on a standard lot within this neighborhood. Therefore, the applicant, solely for individual benefit, has generated the circumstances. Given that the subject property has been improved with a single-family home, and occupied since 2001, and since most other lots in the immediate vicinity have dimensions similar to the subject lot, criteria items "a", "b", "c" and "e" are not met. Further, since the necessity of the variance has been caused by the proposed home expansion, condition "b" above is also not satisfied. Staff has observed that several homes in the neighborhood have rear building lines that appear to encroach into the rear yard setback of 25 feet. However, no public records could be located related to proper permitting and/or date of improvements. Staff assumes that due to the age of most homes in this area, many of the observed improvements in the neighborhood may have pre-dated the current setback regulations. CONCLUSIONS/RECOMMENDATION Staff recommends that the request for relief from Chapter 2, Zoning, Section 5,C.2.a., to allow a 20-foot rear setback and a five (5) foot variance within the R-l-AA zoning district, be denied Page 3 Ream Vadance File No. ZNCV 03-004 due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements and unit layout on a standard platted lot. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission would be placed in Exhibit "D". Staff understands that the applicant is in need of extra living space within the subject home; however, staff recognizes that the layout of this unit is built to the extent of the R-l-AA district setback regulations leaving no opportunity for future expansion. In order to achieve additional living space, a substantial redesign of the structure would be needed, resulting in significant cost to the applicant. Staff also recognizes that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this criteria, which places greater emphasis on economic potential, minor home expansions, and characteristics of surrounding properties. For this reason, if :'"~ Board and Cig/~ommission support this request, staff offers the following information for :onsideration: 1. The subject improvement represents a minor expansion of the home relative to the minimum living area standard applicable to the subject zoning district; and 2. Staff has received no letters of objection, but received only letters of support from adjacent property owners. Specifically, those letters are from the abutting property owners to the west, the south and east of the subject property, which would be the most impacted by the proposed expansion. MPJmda J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Ream Vadance~ZNCV 03-004\STAFF REP.doc Location Map EXHIBIT"A" Ream Variance ZNCV 03-004 "- EXHIBIT "B" Statement of special conditions, hardships or reasons ustifying the requested exception or variance. Respond to the six (6) questions below (A-F). A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. we bought our house from a previous owner. At the time we had 1 child. The main house has 2 bedrooms and 2 baths. The previous owner laid the patio at the 20-foot setback. If we could extend an addition to the patio this would give us enough room to add an addition that would make room for our future family members (a new baby on the way!). This would not be an addition across the entire back of the house. It would be on one side of the house measuring 22 feet, 10 inches across the back of the house. The yard is completely fenced in with a hedge around it. This blocks the views of our neighbors from us and us from them° B. That the special conditions and circumstances do not result from the actions of the applicant; Again we did not build this house and have tried to find other ways to deal with this, besides having to sell our home and move (and we love our neighborhood)! C. That granting the variance requested will not confer on the applicant with any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; There are many other homes in the neighborhood that do not have the same setback restrictions. I also have letters of support from surrounding neigh_bors in regards to our planned addition. D. That literal interpretation of the provisions of this chapter 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; Again, there are many other homes in the neighborhood that do not have the same setback restrictions. I had the city clerk's office pull all of the variances granted in the Chapel Hill neighborhood and many have been granted over the years. EXHIBIT "B" E. That the variance granted is the minimum variance that will make possible the reasonable use of land, building or structure; I have spoke to an architect and we tried to figure all of our options. The way the house is laid out we would be able to build the addition with only needing to obtain a 5-foot variance to make a comfortable bedroom and bathroom for our new baby and future children. I feel this would accommodate our family after the birth of our second child and any there after for many years to come. we are a young couple and would like for our children to grow up in this home. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The yard is fully private because of the fence covered by the hedge. The addition would blend with the rest of the house, and would make it both look attractive from the outside and be functional on the inside. Again other homes is the same area were not required the same setbacks. EXHIBIT "C" geiray Beach, Florida 33483 ~oe' 561 27~--7575 e FAX: 561 276-6621 (50' TOT~ R~.) S.W. 27th AVENUE RR, ;/2' 17.8' 15' P~KWAY 15' 170.80' No I.D. No I.D. BL~ C~N~ C~ ORI~AY ~ 1 -- STORY ~ c~c. o ~ ~ 27 ~ o.~' - CONC. No 1,0. ~.. ao.oo' (v) PROPOSED .... ~ Oelray Beach, F~odda 33483 · : or, ce: 561 27~-7575 e FAX: 561 276--6621 (50' mT~L R/W.) S.W. 27th AVENUE 20' pA~I~T . 6LOC~ CORNER / ORIVE. WAY -~ 1 -STORY ~ coNc ~ o / m. 80.00' (~) o ;" Scale: i"--zo' LOT 6, BLOCK 9 SHEET - OF Z SHEETS '.. ' ~Z,egend"' BENCHMARK REFERENCE, I~ MANHOLE(M.H.) ~ FIRE HYDRANT (F.H,) r"d~ CATCH BASIN (C.B,) I'1 WATER METER (W.M.) EXHIBIT "D" Conditions of Approval Project name: Ream Variance File number: ZNCV 03-004 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning\SHARED[WP~PROJECTSLReam Variance\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ream Variance APPLICANT'S AGENT: Peter & Stephanie Ream APPLICANT'S ADDRESS: 710 SW 27th Avenue Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 3, 2003 TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 5 foot, and a rear yard setback of 20 feet. LOCATION OF PROPERTY: 710 SW 27th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by Substantial competent evidence are as set forth on Exhibit "C" with notation "included". 4. The Applicant's application for relief is hereby . GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Ream Variance\DO.doc V.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates in to City Clerk's Office; Meeting Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Bnsmess AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code Compliance/Legal Settlements [-~ Uuf'mished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Cona~iission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 0 vote (one member recused himself) recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-121. EXPLANATION: PROJECT: Quantum Park & Village South (SPWV 03-001) (aka Villas at Quantum Lakes Phase AGENT: Mark Hansen, Olen Properties OWNER: Quantum Lakes Villas II, Corporation LOCATION: South of Gateway Boulevard; west of High Ridge Road DESCRIPTION: Request for waiver from Land Development Regulations Chapter 2, Section 11.H. 1 requiring 2 spaces per unit to allow a 0.25 reduction or 1.75 spaces per unit with an additional 5% of the total spaces. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~. ~_. ~-~t N/A , . ~ ' '/,I ' City Manager's Sigffature Devel6p~rlt Deep'anent Dtrector Plarmmg and Zonin~r~tor City Attorney / Finance / Hurrah Resources J:XSHRDATAXPlanning~SHARED\WPXPROJECTS\Villas at Quantum Lakes aka Grotto Bay\NWSP 02-022 Phase IH (aka QP ~ Village South Resid)XSPWV 03-001 Phase III Parking Waiver\Agenda Item Request Villas at Quantum Lake 03-001 6-3-03.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-121 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf ;* Director of Planning and Zoning FROM: Eric Lee Johnson, A[CP Planner DATE: Nay 20, 2003 PROJECT: Villas at Quantum Lakes Phase II! / SPWV 03-001 REQUEST: Tec!~' ~cal Site Plan Waiver PRO3ECT DESCR~P'I'~ON Property Owner: Quantum Lakes Villas II, Corporation Applicant/Agent: Nark Hansen - Olen Construction Location: A portion of Quantum Park Lot 62 and all of Lots 66, 67-A, 67-B, and 67-C (see Exhibit "A"- Location Map) Existing Land Use / Zoning: Industrial with the Quantum Master Plan designation of Mixed-Use (MU) / Planned Industrial Development (PID) Proposed Land Use/Zoning: No change proposed Proposed Use: 234 Mulit-family Apartments Acreage: 11.9 acres Adjacent Uses: North: Undeveloped Quantum Park Lots 63, 64, 65-A, 65-B, earmarked for commercial development known as Quantum Park & Village South, designated with a Nixed-Use (FLU) land use option, zoned P]:D, then farther north is the right-of-way for Gateway Boulevard; South: Developed Quantum Park Lots ].01 & 62 known as Villas at Quanum Lakes with a Nixed-Use (MU) land use option, zoned P[D, the Sand Pine Preserve, and Quantum Park Lots 68-A & 68-B with an Office / Industrial (OI) land use option, zoned PID; East: Right-of-way for High Ridge Road and farther east is vacant Quantum Park Lots 8:[ & 82 with an Office / Industrial / Commercial land use option, zoned P[D; and West: A portion of Quantum Park Lot 62 and all of Quantum Park Lot ~.01, Page 2 Memorandum No. PZ 03-121 earmarked for commercial development known as Quantum Park 8, Village South with a Mixed-Use (MU) land use option, zoned PID, then farther west is the right-of-way for Gateway Boulevard. In February 2000, the Quantum Park DRI Master Plan Development Order #10 changed the land use option of Quantum Park Lots 59 through 67-C to allow for "Mixed-Use" developments. The Mixed-Use (MU) land use option allows office, commercial, and residential uses. The City Commission approved the site plan (NWSP 00-016) known as Quantum Park Grotto Bay at Bermuda Place on December 19, 2000. This site plan would become the first phase of a three (3)-phase apartment complex. This first phase of the complex was approved with a parking waiver, identical to the one that is currently being sought now. The justifications for the waiver were as follows: "This application is requesting parking calculations based upon 1.75 parking space per unit with five percent (5%) additional spaces (24 spaces total) for guest / miscellaneous parking. The parking requirement for the lease office is included in the additional 5%. One accessible parking space is required, and provided, for the lease office. The number of parking spaces in garages, parking areas, and on the street is noted in the site data on the site plan". "Our parking ratio request of 1.75 spaces per unit is based upon Olen Development's extensive experience in developing, marketing, and managing projects similar to Grotto Bay through South Florida. Based upon this experience, they are confident that this ratio is adequate to service this project. In addition, spaces based on a ratio of five percent (5%) of the residential spaces have been provided for the guests and miscellaneous uses". Staff recommended approval of that waiver. The Planning & Development Board and City Commission concurred and granted the waiver. The site plan included 18 two (2)-story buildings containing 271 rental apartment units, a clubhouse, and an office area (leasing center). On November 6, 2001, the City Commission adopted Ordinance 01-054 approving Amendment #12 of the Quantum Park DR/ Master Plan Development Order. Amendment #12 changed the Master Plan to eliminate a portion of Quantum Lakes Drive, thereby creating new Quantum Park Lots 100 and 101. Both lots would have a (MU) land use option. On February 5, 2002, the City Commission approved a Major Site Plan Modification (MSPM 02-002) known as the Villas of Quantum Lakes. This major site plan modification included the abandonment of Water Management Tract "P" and Tract "Q" of Quantum Park. This new area (2.91 acres) coupled with Grotto Bay's area (15.16 acres) totaled 18.07 acres. It also added 42 more apartment units for a total of 314 apartment units. This major site plan modification (MSPM 02-002) would become the second phase of the three (3)-phase apartment project. On September 3, 2002, the City Commission approved a Subdivision Master Plan (SBMP 02-001) for Quantum Park Lots 62 through 67-C (excluding a portion of 65B) and Lot 100. The Subdivision Master Plan, known as Quantum Park & Village South included 132,032 square feet of commercial area and 234 apartment units. The subdivision master plan was approved for other various waiver requests. An unrelated parking waiver was approved for the commercial portion of the site but not for the residential portion. As allowed by the Land Development Regulations, technical site plans do not have to be re- reviewed by the City Commission as long that they do not substantially deviate from its parent subdivision master plan. Technical site plans are reviewed by the Technical Review Committee (TRC) only to ensure compliance with all applicable codes and regulations. This subdivision master plan and its subordinate technical site plan would become the third phase of the three (3)-phase apartment project. On November Page 3 Memorandum No. PZ 03-121 12, 2002, the applicant (Quantum Lakes Villas II, Corporation) submitted a technical site plan application (NWSP 02-022) for 234 apartment units. A project condition of approval required the applicant to submit a request for the parking waiver in order to conform to the same standards used on the first two phases. Waiver requests must be legally advertised with respect to posting legal notice in the paper for a Planning & Development Board meeting and then they are placed on the City Commission's Consent Agenda. ANALYSZS The first and second phases of the Villas at Quantum Lakes were already approved for similar parking relief. The Technical Site Plan (NWSP 02-022) for Phase Three was reviewed by the TRC on January 7, 2003. Since, the technical site plan was consistent with the approved Subdivision Master Plan (SBMP 02- 001), its Development Order ~. ~ subsequently issued on March 17, 2003. However, Condition of Approval #2! of the Technical 5 ~lan (NWSP 02-022) stated the following: "Su~mit a waiver reque ~llow 1.75 parking spaces per unit for two and three bedroom apartments. Waiver request must be approved prior to the issuance of a building permit''. In accordance with Chapter 2, Section 7.P.3, mixed-use pods within a PID may include waivers from the standard development regulations to allow greater flexibility. Waivers may be applicable to the following: Building setbacks, Drive aisle widths and parking dimensions, perimeter buffer widths, type and size of dwelling units, parking space requirements, internal landscape requirements, and others which would require an enabling ordinance. All waivers are subject to Planning & Development Board and Qty Commission review and approval. The above referenced condition (Condition of Approval #21) requires granting of the waiver by the Planning & Development Board and City Commission before any building permit can be issued for Phase Three. Current regulations require that one-bedroom apartment units are supplied with one and one-half (1Y=) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. The recreation / leasing office would require five (5) parking spaces. This Technical Site Plan (NWSP 02-022) proposed :[30 one (1)-bedroom apartment units and 104 two (2)-bedroom apartment units. The requested waiver only pertains to the two (2)-bedroom units. Therefore, the 234 units, in conjunction with the recreation / leasing office would require a total of 408 parking spaces. In summary, the technical site plan would provide 377 parking spaces for the apartment units and an additional ].9 spaces, which is five percent (5%), for guest and recreation / leasing office spaces. Therefore, the plan would provide for a total of 396 parking spaces or 12 spaces below the normal development standard. Given this minimal reduction and experience of the applicant with similar residential projects, the general justification provided by the applicant and stated above in the "Background" portion of this staff report is accepted by staff. Also, it must be noted that this waiver request is not utilized for an isolated, unrelated project intending to circumvent parking requirements normally applied to all other residential projects. Conversely, approval of the requested waiver, which would allow a reduction in the total number of required parking spaces, would ensure consistency between this phase (Phase Three) and the apartment complex's subsequent phases with regards to development standards that were previously applied (see Exhibit "B"). Furthermore, the requested waiver is consistent with the Chapter 2, Section 7.P.3. Staff's only criticism is that this waiver request should have been processed simultaneously with the Subdivision Master Plan (SBMP 02-001) for Quantum Park & Village South and / or the Technical Site Plan (NWSP 02- 022) for Villas at Quantum Lakes Phase [I! and not after the fact. Page 4 Memorandum No. PZ 03-121 RECOMMENDATION Staff recommends approval of this waiver request to allow 1.75 parking spaces per unit for two and three bedroom apartments contingent upon the comment indicated in Exhibit "C" - Conditions of Approval. This. recommendation is based in part, on the analysis contained herein and in order to maintain consistency with the granting of the same waiver for the Phase One and Phase Two portion of the project. Any additional conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C". S;~Ola~ningLSl~areo~Wp~Jar~ectsWil~s at Quantum Lakes aka Grotto Bay~HWSP 02-022 Phase Ill (aka QP ~ Village SouO~ ReS~d)~SPWV 0:~.001 Phase II; Parking Waive~Staff Reoort.doc Location Map ~×~.,~"A" Quantum Park & Village South Master Site Plan EXHIBIT "C" Conditions of Approval Project name: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South) P[D Waiver File number: SPWV 03-001 Reference: Application received March 18, 2003 I DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 1. If approved, the permit plans should reflect the inclusion of this requested waiver within the waiver list in the tabular data {Chapter 2, Section 7.P. 1.b). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S ~'tannmg~Shated~WpLProjects\Villa~ al Quantum Lakm aka Grotto Ba~SP 02-022 Ph,~e Ill (air& QP ~ Village South Reakt)~PWV 03.0OI Phaae [II Parkin$ Waiw-r~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Lake Villas Phase III Waivers APPLICANT'S AGENT: Mark Hansen - Olen Residential APPLICANT'S ADDRESS: 1062 Coral Ridge Drive Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 3, 2003 TYPE OF RELIEF SOUGHT: Waiver of standard zoning regulations for Mixed Use Pod approved within a Planned Industrial Development (PID) - Quantum Park & Village South (a.k.a. Villas at Quantum Lakes Phase III) SPWV 03-001 LOCATION OF PROPERTY: A portion of Quantum Park Lot 62 and all of Lots 66, 67-A, 67-B, and 67-C 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 headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant .. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby . GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~Shared~Wp~Project$~Villas at Quantum Lakes aka Grotto Bay~NVSP 02-022 Phase III (aka QP {~ Village Soutil ReSid)~SPWV 03-001 Phase III ParVJng Wa~ver~OO,doc V.-CONSENT AGENDA · 'TEM D.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commiss .tgn Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Date~ in to City Clerk's Office [] April I, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15. 2003 March 31, 2003 (Noon) [] June 17.2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 0 vote (one member recuse himsel0, recommended that the subject request be approved, subject to staff comments, less comments #24 and #25 which have been satisfied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-I 15. EXPLANATION: PROJECT: Largo Pointe (NWSP 03-005) AGENT: James R. Williams OWNER: Phegley Corporation LOCATION: 2400 SW 19"' Avenue DESCRIPTION: Request for site plan approval for 20 fee-simple townhouse umts and related site improvements on a 1.97-acre parcel in the R-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A · ~./'~ / //' / ,' ' Planning and Zoni~k'~'tor City Attorney / Finance / Human Resources S:XPlanningXSHARED\WP~ROJECTS'~ar$o Pointe~Agenda Item Request Largo Point~ NWSP 03-005 6-34)3.dot S:SBULLETIN~ORMSL~.GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG DZVZSZON MEMORANDUM NO. PZ 03-115 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Edc Lee .lohnson, AICP ~'~'~," Planner DATE: May ~,~, ~003 PRO.1ECT NAME/NO: Largo Pointe / NWSP 03-005 REQUEST: New Site Plan PRO3ECT DESCRZPTZON Property Owner: Phegley Corporation Applicant: Phegley Corporation Agent: .lames R. Williams - Quincy .lohnson Associates Architects, Inc. Location: North side of Southwest :~9m Avenue, east of Congress Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: High Density Residential (HDR) / Multi-family Residential (R-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for 20 fee-simple townhouse units Acreage: 1.97 acres (85,747 square feet) Adjacent Uses: North: Developed commercial property, zoned Community Commercial (C-3); South: Developed residential property, zoned Single-family Residential (R-1AA); East: Developed residential property, zoned Single-family Residential (R-IAA); and Staff Re~ort - Largo Pointe (NWSP 03-005) Memoranclum No PZ 03-115 Page 2 West: -Developed residential property, zoned Multi-family Residential (R-3). Project size: Dwelling Units: 20 Three-bedroom townhouse units Site Characteristic: According to the survey, the subject site is currently vacant and contains two (2) Ficus trees, a liffc station, a 2S-foot wide Road & Utility Easement, two (2) 30-foot wide Road & Utility Easements, a sanitary manhole cover, catch basin, and a fire hydrant. BACKGROUND Proposal: James R. Williams, agent for Phegley Corporation has assembled the remaining adjacent undeveloped lots in this location in order to construct 20 fee-simple townhouse units. The project would consist of three (3) separate buildings, all two (2) stories in height. Two (2) of the buildings would contain six (6) units and the largest would contain eight (8) units (see F. xhit~t "!3" - Site Plan). As previously menUoned, the property is zoned Nulti-family Residential (R-3) with an underlying Land Use of High Density Residential (HDR). Townhomes are permitt~ uses within the R-3 zoning district. The High Density Residential Land Use allows a residential density of up to :L0.8 dwelling units per acre. This project proposes a residential density of 10.15 dwelling units per acre, which compiles with the limitations of the Land Use category. The project would be built in one (1) phase. Previous site plan approvals were granted for the subject property, all for Adult Congregate Living Facilities type of projects. Although numerous time extensions were granted for two separate applicants, the most recent approval (Palm Walk A.C.L.F.) expired in October of 2000. Well before these approvals, the property was platted and intended to be developed as a subsequent phase of Christian Villas. ANALY$]:.~ Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Traffic Division reviewed the project proposal and commented that, "although the project generates less than 200 daily trips, it's impact on the first directly accessed links, which are part of the County Major Thoroughfare Network, must be evaluated. The build-out date must be provided". The applicant's traffic engineer is in the process of working toward achieving a study that would be acceptable to the Traffic Division. Therefore, no building permits can be issued until the Palm Beach Country Traffic Division approves the project for traffic concurrency (see Exhibit "C" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time Staff Report - Largo Pointe (NWSP 03-005) Memorandum "~o PZ 03-115 Page 3 of permit review. All South Florida Water Hanagement District permits and other ; drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The project has not yet met the school concurrency requirements of Palm Beach County. A Concurrency Determination will be required from the School District of Palm Beach CounW prior to the issuance of a building permit (see Exhibit "C" - Conditions of Approval). Staff understands that the applicant has approached the District and is waiting for the Determination (government delay). Driveways: plans show that two (2) points of ingress / egress are proposed along west 19m Avenue. Both of these entrances / exits would be 24 feet in width ~w for right-left turn egress onto Southwest 19m Avenue. The width of the pr,. ,ed driveway internal to the development would range from 2.4 feet to 30 feet ano S~.is driveway would serve as the "back up" area from each unit's driveway / garage. Parking FacilitY: Two and three bedroom apartment units require two (2) parking spaces each. The project proposes 20 residenUal units (three bedrooms) and therefore, would require 40 parking spaces. Each townhouse unit would have a one (1)-car garage. According to the floor plan (sheet A-2.0), the garage would be dimensioned ~_0 feet in width by 20 feet in depth, large enough to accommodate a large size vehicle. The driveways in front of each unit would also accommodate one (1) parked car. These provisions equal the required parking. The site plan (sheet A-z.0) shows the driveways would be 10 feet in width by 18 feet in depth. In addition, the plan would provide four (4) parallel guest parking spaces. One (1) of the four spaces would be for handicap use. This space is proposed as close to the pool / recreation area as possible. Landscaping: The proposed pervious area would total 1.03 acres or 52% of the site. The landscape plan tabular data (sheet L-2) indicates that 76 new trees will be installed. These trees, of which most are native, will consist of the following species: Alexander palm, Areca palm, Satin Leaf, Anderson Crepe Hibiscus, Uve Oak, Mahogany, Gold Trumpet, and booted Sabal palm trees. The shrub / hedge material will consist of Silver Buttonwood, Redtip Cocoplum, Wax Jasmine, :Indian Hawthorne, and Awabuki. Half of all plant matedal is required to be native species, therefore, the quantities of the plants may be modified to achieve the 50% native requirement (see Exhibit "C" - Conditions of Approval). The landscape plan (sheet L-l) shows that Uve Oak trees are proposed at the rear of the buildings along the perimeter of the property. The front landscape buffer (along Southwest 19m Avenue) would have Uve Oak trees, Viburnum shrubs, and Indian Hawthorne. Signature trees are required at the project entrances (see Exhibit "C"- Conditions of Approval). Redtip Cocoplum hedges would screen all the air conditioner units (proposed at the rear of each unit). Landscaping proposed in front of each unit would consist of a cluster of Alexander palms, Liriope, and Dwarf Crown of Thorns. This landscaped island would effectively break up the building expanse. Staff Report - Largo Pointe (NWSP 03-005) ~ Memorandum No PZ 03-115 Page 4 Building and Site: Building and site design as proposed would generally meet code requirements -when staff comments are incorporated into the permit drawings. The buildings have been designed as two (2)-story structures. The maximum height allowed in the R-3 zoning district is 45 feet. These buildings would comply with the district maximum because building height is measured at the mean height of the hipped roof, not the peak of the roof. No dimensions for the mean height were shown on the elevations. However, the peak of the hipped roof is proposed at 28 feet- eight (8) inches, well below the district maximum. The proposed buildings would comply with the building setbacks required by the R-3 zoning district. The site plan shows that each fee-simple lot would have a provision for a back porch, back yard, fencing, and a screened-roof enclosure. Future owners would have the option of erecting a six (6) foot high white aluminum fence in between and around their rear yard. Hold-harmless agreements would be required and incorporated into the Homeowner Association documents (see Exhibit "C"- Conditions of Approval). To maintain consistency, all homeowners that elect to have screen-roof enclosures would be required to use the same type of framing material (white aluminum metal). Unlike screen enclosures, solid-roof enclosures would have to meet the district's building setback requirements. Therefore, no solid-roofed enclosures are proposed because they would encroach into the required building setbacks. Concrete patios are proposed at the rear of each unit. On the site plan, a dashed line, which extends beyond the limits of the current concrete patios, represents the anticipated total build-out of each patio should the homeowner elect to erect a screen-roof enclosure. In fact, a portion of the site's total impervious area of 48% was calculated to account for the eventual expansion of individual patios to the maximum limits of the development plan. Any future increase to the buildable area or change in the type of material used for the enclosure beyond what is proposed now would constitute a major site plan modification, subject to Planning & Development Board and City Commission approval. The common areas will include most of the buffer areas and the recreation area. Design: Recently, the City has reviewed and approved many different townhouse and apartment projects over the past two years (i.e. The Harbors, Villas at Quantum Lakes, Arbolata, Jefferson at Boynton Beach, Kensington Place). Associated with this type of residential development are a wide variety of possible building designs (i.e. contemporary, traditional, Spanish-Mediterranean, etc.). This project would be considered as more of a "traditional" architectural style, similar to the Arbolata and Kensington Place projects that were recenUy approved by the City Commission. The proposed roofing material for this project would be made of concrete split shake tiles with a weathered ash finish made by "Nonier". The building colors would be a variation of yellows (see Exhibit "B"- Elevations). Front porches would be incorporated into the design of the interior units of each building. All units would have black decorative shutters and black wall mounted lighting fixtures. All outdoor freestanding lighting fixtures would be seven (7) feet - eight (8) inches tall and painted black as well. All windows shown on each elevation would be accented with smooth cementitious finish, outlined by score lines painted "acadia white". All garage doors would be "acadia white" as well. Staff Report - Largo Pointe (NWSP 03-005) Memorandum No PZ 03-115 Page 5 Signage: The project proposes two (2) project development signs (see Exhibit "B' - Site : Plan", The detail of the project sign indicates that the sign dimensions will meet the maximum sign area allowed by the Sign Code - Chapter 21 of the Land Development Regulations, These development signs are proposed on the walls located at the easternmost entrance. Decorative foam trim work would frame each "Largo Pointe" sign, The letter colors were not indicated on the detail. RECOMMENDAT'ZON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C" - Conditions of Approval. Any addi[!onal conditions recommended by the Board or City Commission shall be documented accordingly in the ~itions of Approval. S:\Planning \Shared\Wp\Projects\Largo Pointe\Staff ReporLrtf Location Map EXHIBIT "A" LARGO POINTE ~ Cl "I R3 -----______ wOOLBRIGHT RD , PUD / C3 PC \ $ EXHIBIT "B" ~" . LARGO POINTE!! ~ ~ ' · z~:z . .. EXHIBIT "B" EXHIBIT "B,I , , ' EX!IBIT - , . ........,,, , .... ~...;. ' Jl J,' ,,.'.j,,,,, ,, , ~. ,,'. ,,, '! Ill ,.~,J . , . j~, ill I il, ' '""' ,t , ,-, ,i. , ,..~ .,.~ ] I j i .. I i I ~ I:: : i Il : 'I' II I : 'I :" ]i- ]I ': - : , l:::.i fl Ii I i ii -i,: ,:,.. i!!li: :~ :i~l .: .:l.',,:l'- : Ii i: :': ,., :! ,"- ~[I: ':I~ :-:d .i :! :I l~l,l,:,l .: :. ::.. ,,..-,i.:,,, Ih:,,,. :. :l :,, !{[:]i ill ~ ii~! i ~,r , ,:~'i .. : ~ ~,,, ,,l~ -. , i~ ' ii~~ .... ~'" ', ~ ' i~ i'-.~p i: .... ! ' ' '! I I ~ ~ q~ ~l i~ ! "' : ill,, [ ' Il Ill I [ ] ,i ill ' l: ' ~ ' - ,~" : ~ 1~ ~ Il LARGO POINTE ' ~J'l il """ ' EXHBIT "C" New Site Plan Project name: Largo Pointe File number: NWSP 03-005 Reference: lStreview plans identified as a New Site Plan with a May 6, 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- X 6200) regarding the storage and handlin~ of refuse. PUBLIC WORKS - Traffic Comments: 2. Prior to the issuance of a building permit, provide a notice of concurrency X (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. UTILITIES Comments: 3. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) 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. 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 W, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16Co)). ENGINEERING DIVISION Comments: 5. The Landscape plan scale shall match that of the Site plan, which is 1"=20' X COA 05/20/03 2 DEPARTMENTS INCLUDE REJECT (Chapter 4, Section 7.C. 1). 6. Show and label all existing utilities and easements on the Landscape plans X (Chapter 4, Section 7.A.3.) Show all existing and proposed easements, including the lift station, on the plat. 7. Indicate, by note on the landscape plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the pavement (Chapter 7.5, Article II, Section 5.H.) 8. Proposed landscaping in the southeast comer of the development conflicts X with access to the existing lift station. Place a 12 foot wide drive from SW 19th Ave. to the southeast side of the lift station. This will require relocation of the proposed Live Oak. The driveway shall be six (6) inches thick concrete, on an eight (8) inch thick limeroek or shellrock base and a 12 inch thick stabilized subgrade (see Utilities Engineering Design Handbook, Typical Lift Station Site Plan Drawing S-20 and S-21) and shall include a mm-around/street tenrdnation complying (City Standard Drawing B-98003.) 9. Indicate by note the ownership of the off-site drainage system and provide X approval to tie into said system. 10. The minimum pipe size is 15 inches in diameter (Chapter 6, Article IV X Section 5.A.2.a.). At the time of permitting, revise the storm sewer pipe size (listed as 12 inches west side of site) to 15 inches in diameter. 11. Full drainage plans in accordance with the Chapter 6, Article W, Section 5 X will be required at the time of permitting. 12. Prior to the issuance of a building permit, provide a hold-harmless agreement X for the six (6)-foot privacy fences that are proposed at the rear of each townhouse unit. Provide a copy of the hold-harmless agreement to the Engineering Division and to the Planning & Zoning Division. 13. Paving, drainage and site details as shown on Sheet C-2 will be reviewed for X constructability at the time of construction permit application. All engineering construction details shall be in accordance with the Land Development Regulations and applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction pemdt application. 14. Prior to the issuance of a building permit, revise driveway to lift station to an X "L" shape to allow full access to lift station. Remove / relocate Live Oak and pull back hed[[e. FIRE X Coimnents: None COA 05/20/03 3 DEPARTMENTS INCLUDE REJECT - POLICE Comments: None X BUILDING DIVISION Comments: 15. Indicate within the site data the occupancy type of the/each building as X defined in Chapter 3 of the 2001 Florida Building Code. 16. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 17. From the FIRM map, identify in the site data the title of the flood zone that X the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 18. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Comments: 19. The Park and Recreation Facilities Impact fee is due at the time of the first X applicable building permit. Based on 20 single -family attached units, the Park and Recreation Facilities Impact Fee is calculated as follows: 20 sin~le-famil}t attached units X $771 ea. = $15,420. FORESTER/ENVIRONMENTALIST Comments: 20. On the landscape plan (sheet L-1 and sheet L-2), the applicant should indicate X the two (2) existing Ficus trees that will be preserved, relocated or removed / replaced on the site. This should be tabulated and included on the landscape sheets L-I & L-2. An additional symbol (s) should be used on the landscape sheets to delineate these trees (Chapter. 7.5, Article II Sec. 7.C.). COA O5/28/03 4 DEPARTMENTS INCLUDE REJECT 21. All trees noted on the Plant List must be a minimum of 12 feet in height, 3 X inches DBH, Florida #1 quality (Chapter. 7.5, Article II Sec. 5.C.2.). 22. The landscape design does not include the City signature trees at the project X ingress/egress locations (Chapter. 7.5, Article II Sec. 5.C.3, N.). Revise the plan to add trees as reciuired. PLANNING AND ZONING Comments: 23. A re-plat will ?~e required, sub~¢,~t to review and approval of the Engineering X Di~asion of Public Works. Abandonment and rededication of any easements can occur during the platting process. This will be required prior to the issuance of a land development permit. 24. Prior to the issuance of a building permit, obtain an affirmative Concurrency X Determination from the School District of Palm Beach County. 25. A traffic study was sent to the Palm Beach County Traffic Division for their X review and approval (for concurrency requirements). The Traffic Division reports the following: "Although the project generates less than 200 daily trips, it's impact on the first directly accessed links, which are part of the County Major Thoroughfare Network, must be evaluated. The build-out date must be provided". Prior to the issuance of a building permit, the Palm Beach County Traffic Division must approve the traffic study. 26. Place a note on the site plan (sheet A-I.0) indicating that the screen enclosure X frames will be of white aluminum material. 27. Place a note on the site plan (sheet A-1.0) that the Entrance Wall color(s) will X match the proposed building color(s). 28. Provide a copy of the hold-harmless agreement for the fences to be placed in X the rear yard within the Utility Easement. 29. Each project development sign can be no more than 32 square feet in area or X six (6) feet in height (Chapter 21, Article IV, Section i.E.). 30. Ensure that all the proposed plant quantities correspond between what is X shown on sheet L-1 and the plant list on sheet L-2. 31. A signature tree (such as a Yellow Elder, Tibouchina Granulosa, or X Bougainvillea is required at both sides of each project entrance/exit. The COA O5/28/O3 5 DEPARTMENTS INCLUDE REJECT signature trees must have six (6) feet of clear trunk if placed within the safe- sight triangle (Cliapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Landscaper/Environmentalist review and approval. 32. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). On the landscape plan plant list (sheet LP-1), indicate by asterisk, the native species to ensure that at least 50% of landscape material is native. Separate and indicate the proposed plant material into the following categories: Shade Trees, Palm Trees, Shrubs / Hedges, and Groundcover. Please tabulate the amount of native material in each plant category. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS: Comments: 33. Comments #24 and #25 have been satisfied. X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 34. To be determined. MWR/elj S:\Planning\Shared\Wp\Projects\Largo Pointe\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Largo Pointe APPLICANT'S AGENT: James R. Williams- Quincy Johnson Architects APPLICANT'S ADDRESS: 949 Clint Moore Rd, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 3, 2003 TYPE OF RELIEF SOUGHT: Request site plan approval for 20 fee-simple townhouse units LOCATION OF PROPERTY: North side of Southwest 19= Avenue, east of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on :~ Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida' on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S :~Planning~Shared~Wp\Projects~Largo Pointe~)O,doc V.-CONSENT AGEN DA ITEM D.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commiss_ion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetina Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unf-mished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4 to 3 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-122. EXPLANATION: PROJECT: Woolbright Plaza (SPTE 03-001) AGENT: H.P. Tompkins, I-IPT Consultants, Inc. OWNER: R.S.B. Ventures, Incorporated LOCATION: 1609 S. Congress Avenue DESCRIPTION: Request for a one (1) year time extension of the conditional use/site plan approval granted on March 6, 2002 (an extension to March 5, 2004). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developm~4~t D~pahhaent D~d,etor / ~ '- City-If4~afia'ger s signafiare` / DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-122 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee .]ohnson, A]:CP .i,~/ Planner DATE: May 20, 2003 PRO.1ECT: Woolbright Plaza / SPTE 03-00:~ REQUEST: Site Plan Extens~ ' PRO3ECT DESCR.ZP'I"~ON Property Owner: R.S.B. Ventures, Incorporated Applicant/Agent: H.P. Tomkins with H.P.T. Consuttant~, Incorporated Location: Southwest corner of Congress Avenue and Woolbdght Road (see Exhibit "A" - Location Map) Existing Land Use / Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 14,490 square foot drug store with drive through facility, 4,800 square feet of retail / commercial, and 40,000 square feet of office / retail Acreage: 215,393 square feet (4.945 acres) Adjacent Uses: North: Right-of-way for Woolbright Road, farther north is Mobil Gas Station (under construction), zoned Community Commercial (C-3); South: Developed commercial property (Woolbdght Corporate Center), zoned Community Commercial (C-3); East: Right-of-way for Congress Avenue, farther east is Amoco Gas Station, zoned Community Commercial (C-3), then farther southeast is developed commercial property (Boynton Shoppes), zoned Planned Commercial Development (PCD); and West: Quail Run water detention area, farther west is developed residential property (quail Run Villas), zoned Planned Unit Development (PUD). Page 2 Memorandum No. PZ 03-122 BACKGROUND Mr. H. P. Tomkins, agent for R. S. B. Ventures, Incorporated is requesting a one (:[)-year time extension, for the conditional use / site plan approval (COUS 0~.-007) originally granted on March 5, 2002. Its accompanying request for a height exception (HTEX 0:[-003) was simultaneously approved with the site plan; The property zoned Community Commercial (C-3), is currenUy developed with a 5,645 square foot (vacant) bank building. The intent of the project is to raze the bank building and replace it with a four (4)-story office / commercial building and a one (:[)-story drug store / commercial building (see Exhibit "B'~. The four (4)-story building would be a total of 40,000 square feet in area. The first floor (:[0,000 square feet) would have commercial / retail uses while floors two through four (30,000 square feet) would be used solely for office purposes. The one (1)-story building would be a total of :[9,290 square feet of commercial / retail space. No particular tenant is assigned to any of the bays. All uses are permitted in the C-3 zoning district. Conditional Use approval was required for the Walgreen Drug Store's drive-through feature proposed at the rear (south) of the one (:[)-story building. If approved, the drive-through lanes would commence at the northwest side of the building, originating near the loading zone and unseen from Congress Avenue and Woolbright Road. The entire project would be built throughout three (3) phases; however, all infrastructure, including landscaping, parking, etc. would be completed by the end of the first phase prior to the issuance of a certificate of occupancy. Accz~rcliog to Ge site plan, the four (4)-story office / commercial building would be built during Phase [. The Walgreen's Drug Store portion o¢ the one (1)-story building would be completed during the second phase and the remaining portion of that building would be built dudng Phase Three. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to June 3, 2004. ANALYSZS 'On March 5, 2002, the City Commission granted conditional use / site plan approval for the above referenced project. This conditional use / site plan approval was subject to 44 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. The height exception application contained no conditions of approval. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (:[) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (:[) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on February 25, 2003, prior to the expiration date. On August 8, 2002, the applicant submitted drawings for building permits for the Walgreen's building. Building Division staff reviewed the permit application and prepared comments to the applicant. The applicant revised the plans to comply with staff comments on May 6, 2003. A time extension for the building permit application, which is set to expire on August 8, 2003, has been filed with the Building Division. Also, the applicant stated in their site plan extension application that, "we are in the process of obtaining a building permit, but we do not foresee this happening prior to the expiration date of the site plan". These reasons are justification and need for the formal request for conditional use / site plan extension. Furthermore, the applicant submitted an updated traffic study and therefore, the project still meets the concurrency requirements with a build-out year of 2004. Page 3 Memorandum No. PZ 03-122 RI~COMMENDAT'ZON Staff recommends approval of this request for a one (~.)-year time extension of the conditional use / site plan approval (COUS 0~.-007) and its corresponding height exception (HTEX 0~.-003). This recommendation is based on the "good faith" effort shown to build the project, the fact that traffic concurrency has been maintained, and no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2002. Approval of this request for site plan extension would extend the project's expiration date to June 3, 2004. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process. No new conditions of approval are recommended in conjunction with this site plan extension at this time; however, any condiUons of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" - CondiUons of Approval. Staff would not support a second extension, if so requested, due to the upcoming rewrite of the Land Development Regulations. The site olan would be required to meet all new regulations at that time. S:.~anning~q~Wl~arojec:ts'tWoc;, , ~.~.~PTE 03.001~Staff Location Map Woolbright Plaza ~ ,---~ ~ - 13' ,- R1 ~ ~ ~4TH SITE 2QTH! 500 0 500 1000 1500 Feet EXHIBIT"B" '" " EXHIBIT"B" ~ EXHIBIT "C" Conditions of Approval Project name: Woolbright Plaza File number: SPTE 03-001 Reference: Application received Febmatw 25, 2003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:LHarmin~ShatechWpLProJe~s\Woolbrigh~ Plaza'~SPTE 03-O01\COA.do~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Plaza APPLICANT'S AGENT: H.P. Tompkins with HPT Consultants, Inc. APPLICANT'S ADDRESS: 3350 Northwest Boca Raton Boulevard, Suite B-38 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 3, 2003 TYPE OF RELIEF SOUGHT: Request site plan time extension for a 14,490 square foot drug store with ddve through facility, 4,800 square feet of retail / commercial, and 40,000 square feet of office / retail requesting a one (1) year time extension of the conditional use/site plan approval granted on March 5, 2002 (an extension to March 5, 2004). LOCATION OF PROPERTY: 16 ~''' South Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. ~ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S :\Planning~Shared\Wl)~Prolects~wo~ bngi~t Plaza~PTE 03-001 \~O.doc V.-CONSENT AGENDA ITEM D.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commiss!on Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Cowamsion Agenda under Consent Agenda. The Planning and Development Board with a 6 to 0 vote (one member recused himself) recmfu-aended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-120. EXPLANATION: PROJECT: The Watershed (HTEX 03-003) AGENT: Richard Jones, A1A, Quincy Johnson A~chitects OWNER: Watershed TreaWnent LOCATION: 4905, 4915, 4927 Park Ridge Road DESCRIPTION: Request for height exception of 10 feet pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of decorative cupolas to be 55 feet in height, a distance of 10 feet above the 45-foot maximum height allowed in the P.I.D. zoning distxict. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~· ~ N/A .... · ' iy CiO Manage, s gig~tttre Planning and ZonmgdDi3e~tor City Attorney / Finance / Human Resources J:~SHRDATALPlanning~SHARED\WP~PROJECTS\The Watershed Act 11, lncXHTEXSAgenda Item Request The Watershed HTEX 03-003 6-3-03.dot S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-120 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf ~ Director of Planning and Zoning FROM: Eric Lee Johnson, A]~CP ~*',/~ Planner DATE: May 19, 2003 PROJECT: The Watershed / HTEX 03-003 REQUEST: Height Exception PRO3ECT DESCI~PI'ZON Property Owner: Watershed Treatment Applicant/Agent: Richard Jones, A]:A with Quincy Johnson Architects Location: 4905 Park Ridge Road (see Exhibit "A"- Location Map) Existing Land Use / Zoning: ]:ndustrial with the Quantum Park DR]: Master Plan designation of Office- ]:ndustrial (O]:) / Planned ]:ndustrial Development (P[D) Proposed Land Use/Zoning: No change proposed Proposed Use: Substance abuse rehabilitative hospital Acreage: N/A Adjacent Uses: North: Right-of-way for Park Ridge Boulevard and farther north is the Publix Distribution Facility, zoned PTD; South: Right-of-way for the South Florida Water Management Distdct C-16 Canal and father south is Pioneer Canal Park zoned Recreation (REC) and Single- family Residential zoned Ri-AA; East: Canada Dry Distribution facility, zoned P]:D; and West: Right-of-way for Beta Drive and father west PJM & Associates manufacturing facility zoned Page 2 Memorandum No. PZ 03-120 The City Commission approved a request for Use Approval for a Substance Abuse Rehabilitative Hospital on June 4, 2002. The applicant submitted a site plan (NWSP 02-005) shortly thereafter and the City Commission subsequently approved it on November 6, 2002. At the time, the Commission never formally took action to approve a request for a height exception; it was only a project condition of approval. This request for a height exception therefore, will represent the formal request for approval of the decorative cupolas that were previously shown on the elevations approved by the City Commission. According to the approved site plan, the project will be constructed in three (3) phases using a campus- type site layout. The first phase includes a four (4)-story main building which will contain offices, meeting rooms, a kitchen, a dining room, and :L20 patient rooms. Phase One will also include the following: A one (:L)-story :L74 seat auditorium, a pavilion, one (:L)-story fitness room / cabana, and a swimming pool. Both Phases Two and Three will include two identical three (3)-story buildings, which will accommodate an additional :L06 patient rooms. The four (4)-story building, which is earmarked for Phase One, was approved to be 45 feet in height. The elevations showed decorative cupolas on top of the roof that appeared to exceed the district's maximum height of 45 feet (their dimensions were not shown on the site plan). The height exception would only be required for the Phase One four (4)-story building (see Exhibit Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (MU-H) zoning districts, the citywide maximum building height is 45 feet. Approved in November of 2002, the four (4)-story building proposed a maximum building height of 45 feet. The tallest portion of the roof was the peak of the decorative cupola. The dimension of the peak of the cupola was omitted from the el~ns but appeared to exceed 45 feet. The applicant is now formally requesting a height exception of :LO feet to allow the peak of the decorative cupolas to be 55 feet in height. Land Development Regulations, Chapter 2, Zoning, Section 4. F.3, Height Limitations and Exceptions, states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. Decorative cupolas are architectural elements that are eligible to be considered for height exceptions. Staff determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4. F.3. The decorative cupolas provide an attractive feature to help interrupt the great expanse of roofline, while representing only a small portion of the entire roofline. The cupolas serve no other project function aside from aesthetic value and appeal. The cupolas will not negatively impact adjacent properties in terms of reducing light or air. Granting of this height exception does not constitute a special privilege to the current property owner. Staff feels that the cupolas, which were already approved on the November 2002 plan, will enhance the overall project dynamic and their exclusion would be detrimental to the design. Staff's only criticism is that this request for height exception should have been processed simultaneously with the site plan and not after the fact. RECOMMENDAT1:ON Based on the analysis contained herein, staff recommends that this request for a height exception of :LO feet be approved for the decorative cupolas. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C". Act II. Inc~lTF_X~l,tff Re!~3tl.do¢ Location Map EXHIBIT "A" The Watershed ~ ~ . ~ ~ ~ BOYNTON BEA.C.H, FLORIDA EXHIBIT "C" Conditions of Approval Project name: The Watershed File number: HTEX 03-003 Reference: Elevation drawings with a May 19, 2003 date stamp marking DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Commen~s: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:hnl~nning~h,~--e~WpLth-ojects\The Watershed A~ Il, Inc~-ITEX~COA floc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Watershed APPLICANT'S AGENT: Richard Jones, AIA - Quincy Johnson Archtiects APPLICANT'S ADDRESS: 949 Clint Moore Road Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 3, 2003 TYPE OF RELIEF SOUGHT: Height Exception LOCATION OF PROPERTY: 4905 Park Ridge 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 Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant . HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\Shared\Wp\PrOlects~The Watershed Act II, Inc~HTEX~OO.doc VIII.-PUBLIC HEAR/NG O CITY OF BOYNTON BEACH ITEM C. AGENDA ITEM REQUEST FORM Requested City Corrtmission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Mcctin~ Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5.2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Adminisla'ative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] ~ [] Consent Agenda [] Public H~ging [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Depar~nent of Development Memorandum No. PZ 03-114. EXPLANATION: PROJECT: Fire Station (LUAR 03-004) (Relocation of Fire Station #2) AGENT: City of Boynton Beach OWNER: City Initiated LOCATION: North side of Woolbright Road; west of Congress Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential (LDR) to Public & Private Governmental/Institutional (PPGI); and Request to rezone from Planned Unit Development (PUD) to a Public Use (PU) to allow for the relocation of Fire Station #2 with accessory recreation amenities. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ,, ! N/A '/ ? ,.' ,/ ~' ? '.-'. Developm~e~e~bEe&o~ ' ;ff Ci~ ~a~ger s Silage ~ ~~t Pla~g and Zo ot Ci~ A~omey / Fmce / Hmn Reso~ces J:~ATA?Ianmng~D~?ROJECTS~ir~ Sation ~2~g~da Item Request Fire Satioo LUAR 03~04 6-3~3.dot S:~ULLET~O~S~GEND~ ITEM ~QUEST FO~.~ DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMOR.Z~DUM NO. PZ 03-114 TO: Chairman and Members Planning and Development Board FROM: Harma Matras, Plann~ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: May 9, 2003 PROJECT DESCRIPTION Project: Land Use Ame~'.~.~ment and Rezoning to allow for the construction of a fire station ~: ~t accessory recreational facilities on two parcels (LUAR 03-004) Agent: City of Boynton Beach Location: North side of Woolbright Road, approximately 500 feet west of Congress Avenue File No: Land Use AmendmenffRezoning (LUAR 03-004) Property Description: Two parcels totaling +4.22 acres shown shaded on the accompanying location map (see Exhibit A), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD). Proposed change/use: To reclassify the subject properties described above from Low Density Residential (LDR) to Public & Private Govemment/Lustitutional (PPGI) and rezone from Planned Unit Development (PUD) to Public Usage (PU). Adjacent Land Uses and Zoning: North: Right of way of the LWDD L-26 Canal, then developed single family homes (Lakes of Tara) designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD). South: Right-of-way of Woolbright Road, then developed single family attached homes (Quail Run Villas) designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD). Page 2 Fire Station Land Use AmendmentJRezoning File Number: LUAR 03-004 East: Property developed with professional offices and farther east a Mobil gas station, both properties designated Local retail Commercial (LRC) and zoned Community Commercial District (C3). West: Right-of-way of Woolbright Road BACKGROUND Both parcels were dedicated to public use in the late 1970's, in the platting process for Kirsner- Cogen Planned Unit Development, later known as Quail Lake. The smaller of the parcels, of approximately 1 acre, has been developed with a city water storage tank; the larger parcel was dedicated for recreational purposes to comply with land dedication requirements in effect at that time. However, since its size and elongated shape makes it somewhat unsuitable for this purpose, it has not been developed. PROJECT ANALYSIS The subject parcel totals _+4.22 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 the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. There are no comprehensive plan policies applicable to the proposed rezoning. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. Page 3 Fire Station Land Use AmendmentdRezoning File Number: LUAR 03-004 The proposed amendment would not be contrary to the established land use pattern, since the smaller of the two parcels, approximately 1 acre in size, has been developed for public use and is occupied by a water storage tank. c. Whether changed or changing conditions make the proposed rezoning desirable. The rapid population growth in recent years has made the expansion of the City's Fire Rescue Department a necessity. The corresponding increase of the 911 call volume and traffic congestion resulted in the increase of the emergency response time. Decreasing the response time is paramount for the fire rescue services. Also, see item "g" below for additional information. cl. Whether the proposed use would be compatible with utility systems, roadways, and otb..:~r public facilities. Adequate water and sewer capacity exists within this part of the City. With respect to solid waste, the SWA has stated within a letter dated January 8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Conformance with or exemption fi.om the Palm Beach County Traffic Performance Standards Ordinance will be determined at site plan approval stage for any development or redevelopment projects. Drainage will also be reviewed in detail as part of the site plan review process and must satisfy all requirements of both 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. Locating the fire station as proposed may generate noise impacts upon residents of adjacent neighborhood ~he cost of the impacts has to be evaluated against the benefit of a better service to the commu . There are mitigation measures aimed at minimizing the noise nuisance. While fire sirens are ~osential for enabling fire vehicles to achieve a speedy response to incidents, the traffic signal control will allow the fire vehicle operators to limit the use of the sirens to the situations when it is absolutely necessary. Other mitigation measures, such as berms, will also be used. f. Whether the property is physically and economically developable under the existing zoning. There are physical constraints for development of the larger of the two parcels under its current PUD zoning. The physical constraints stem from its small size and elongated shape; moreover, it is separated from the remaining PUD area by Woolbright Road. These constraints made the development economically unfeasible. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning benefits the area and the city as a whole. The area is currently served by department's fire station No. 2, located on 2210 S. Congress Ave. and Gulf Road. The station Page 4 Fire Station Land Use Amendment/Rezoning File Number: LUAR 03-004 was or/ginally built in 1972 on the small parcel approximately one-half acre in size, at a time when there were few residential areas to protect and no consideration for dual gender staffing or ADA concerns. While the expansion of this building with the construction of a second story is a possibility, it does:not solve the problem of limited parking and the housing of reserve fire apparatus. Moreover, the limited size of the site creates access problems. The proposed site offers several advantages. The location is more central within the station No. 2 response zone, with direct access to 1-95 and adjacent fire response zones, which would allow for more efficient back-up coordination. Even though the site is, according to the Fire Department, only about one-half mile north of the current facility, the proposed station would be closer to a significant number of historic calls for service and would provide Insurance Service Organization (ISO)-recommended response to the Boynton Beach Mall, a major target hazard. Finally, the proposed location would allow for relocation of the ovemrowded fire administration offices from the City Hall, freeing up 2000 square feet of space for other City Hall needs, and accommodate a community/training room that would also function as a City Emergency Operations Center (EOC). The old fire station would be available for an alternative public use. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are no sites elsewhere within the fire zone under consideration for the proposed use. CONCLUSIONS/RECOMMENDATIONS As indicated herein, there are no Comprehensive Plan policies applicable to the proposed amendment; it will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and it will contribute to the improved fire rescue services throughout the City. With the proposed mitigation measures to address potential noise nuisance, the benefits of improved service should outweigh these concerns. Therefore, staff recommends that the subject request be approved. ATTACHMENTS G:',LUAILI~F~ ~a~OnL~a~ ~I~o~ F'~ Location Map SITE ' C3 -- PU!D PCD 0 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE NORTH SIDE OF WOOLBRIGHT ROAD, APPROXIMATELY 500 FEET WEST OF CONGRESS AVENUE; 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 LOW DENSITY RESIDENTIAL (LDR) TO PUBLIC & PRIVATE GOVERNMENT/INSTITUTIONAL (PPGI); 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 Jse Element by Ordinance No. 89-38 in accordance with the Local Government ;omprehensive 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 heating and study, the City Commission deems it in the Jest interest of the inhabitants of said City to amend the aforesaid Element of the 2omprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. l~\C,~.\o~d~nance~\~i~e Station Land Use.doc Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Furore Land Use of the following described land shall be designated as Public & Private Government/Institutional (PPGI). Said land is more particularly described as follows: All of Tract 13 in QUAIL LAKE WEST AND TRACTS ONE & TWO, according to the ¢lat thereof as recorded in Plat Book 50, Pages 3 to 5, i e Public Records of Palm Beac~ ~.mnty, Florida and All of Tract "E" in WOOLBRIGHT PLAZA, according to the plat thereof as recorded in Plat Book 38, Pages 63 & 64 in the Public Records of Palm Beach County, Florida. Section 2: That any maps adopted in accordance with the Future Land Use Element be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby )ealed. Section 4: Should any section or provision of this Ordinance or any portion thereof by a court of competent jurisdiction to be invalid, such decision shall not affect remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, or appeal provisions provided by the Florida Local Government Comprehensive and Land Development Regulation Act. No party shall be vested of any fight by ~fthe adoption of this Ordinance until all statutory required review is complete and all \CA\Ord£nance.\~£~:a $~a~ion ~Anfl Use.d~c legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. 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 Commissioner ATTEST: City Clerk (Corporate Seal) ; ~\CA\Ordinances\F£re S~a=ion Land Use.doc Location Map SITE PUD ~, PCD - ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE CITY OF BOYNTON BEACH TO AMEND ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED UNIT DEVELOPMENT (PUD) TO PUBLIC USAGE (PU); 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, the City of Boynton Beach, has heretofore filed a Petition, pursuant Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, for the purpose of rezoning a parcel of land consisting of approximately *__ 4.22 said land being more particularly described hereinafter, fi.om Planned Unit (PUD) to Public Usage (PU); and WHEREAS, the City Commission conducted a public hearing and heard received evidence which the Commission finds supports a rezoning for the ~erty hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent an amendment to the Land Use which was contempo'raneously considered and at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zoning Map as hereinafter set NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct :~.~d incorporated \CA\Ordinanees\Rezoning - Fire Si:at:ion.doc by this reference. Section 2. The following described land, located in the City of Boynton Florida as set forth as follows: - All of Tract 13 in QUAIL LAKE WEST AND TRACTS ONE & TWO, according to the plat thereof as recorded in Plat Book 50, Pages 3 to 5, in the Public Records of Palm Beach County, Florida and All of Tract "E" in WOOLBRIGHT PLAZA, according to ~ plat thereof as recorded in Plat Book 38, Pages 63 & 64 in [:hablic Records of Palm Beach County, Florida. and the same is hereby rezoned from PUD Planned Unit Development (PUD) to Public (PU).. A location map is attached hereto as Exhibit "A" and made a part of this by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 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. READING this ~ day of ,2003. ',ECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor l:\CA\Ordinances\Rezoning - Fire Sta~ion.do¢ Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ;:\CA\Ordinances\Rezoning - Fire S~acion.doc Location Map '--' ' -" "-"~' !SITE: ~ ~''i',~iti ~-'--i , : ,-~:?' r ",'¢,/ t C3 "'--' ~--~, PU!D ~, PCD ,,, ,: __ : ,'---T", ~ , ', ' "' !tl ' , ',, ,,: , 400 0 4~0 Feet $ VHL-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commiss!on Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetimt Dates in t9 City Clerk's Office Meetimt Dates in tO City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1. 2003 June 16, 2003 (Noon)c`-. [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) --" [] Administrative [] Legal '--; NATUR]~ OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfufished Business RECOMMENDATION: Please maintain this request on the June 3, 2003 City Corramssion Agenda under Public Hearing, and under Legal, Ordinance - First Reading.. The applicant requested postponemem from thc May 20, 2003 City Commission rneeting. The Community Redevelopment Agency Board with a unanimous vote on May 13, 2003, recommended that the subject request be approved, subject to staff comments, concurring with staffthat it will no longer serve a public need due to replacement by the proposed Arches project. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-091. EXPLANATION: PROJECT: The Arches (ABAN 03-002) AGENT: Nancy C. Graham, Urban Principles, LLC OWNER: Contract Purchaser - Boynton Ventures 1, LLC LOCATION: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1. DESCRIPTION: Request abandonment of a portion of that certain 20 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north hallo said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ i~t/~/~N/A ~. ~~.., Developme/nt~)ep'~artr~e'ni l~'~ector City Manager s Signature 'Plann-~ng a~ad Zoni~Director City Attorney / Finance / Human Resources S:LOlanning\SHARED\WP~ROJECTSkARCHES ~ BB'~BANkAgenda Item Request The Arches @Boynton Beach ABAN 03-002 6-2-03.dot S:kBULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-091 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W,:-Rumpf Planning and Zoning Director FROM: Maxime Ducoste-Ambdbe Planner DATE: Apdl 17, 2003 SUBJECT: Abandonment of a portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the ~orth half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF E~ NTON (ABAN 03-002). NATURE OF REQUEST The applicant and agent for Boynton Ventures 1 LLC, Nancy C. Graham, is requesting to abandon a portion of the 20-foot wide alley located between S. Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted on March 3, 2003. This abandonment is for the following unimproved platted alley segment: A portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 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 request. North Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business Distdct (CBD); South Right-of-way for Southeast 2"d Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); East - Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West - Developed commercial properties in Block 7 zoned CBD and then farther west is right-of- way for Southeast 4~ Street and still farther west is developed commercial properties zoned CBD. BACKGROUND Page 2 Memorandum No. PZ 03-091 ABAN 02-003 ~ July of 1898, the Plat of Odginal Town of Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the dght of reversion if not used as such. The properties located on the north and south sides of the alley segment to be abandoned are under a purchase contract by the applicant Boynton Ventures 1 LLC. The applicant has the intention of vacating the 20- foot alley to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "C"- ARCHES Site Plan). Specifically, this area would be used for the public plaza as shown on the proposed site plan. As indicated on the survey, the segment of the alley to be vacated measures approximately 240 linear feet. All existing infrastructure within the alley will be relocated to the perimeter of the project, along SE 1st Avenue. A twelve-foot (12) wide utility easement will be dedicated to Bellsouth for their underground conduit. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article Ill, 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 ir~ the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities Pending (see Exhibit "E") Planning and Zoning No objection PUBLIC UTILITY COMPANIES Flodda Power and Light - Approval with conditions (see Exhibit "E") Bell South - Approval with conditions (see Exhibit "E") Flodda Public Utilities Company - Approval with conditions (see Exhibit "E") Cable Company (Adelphia) - Approval with conditions (see Exhibit "E") Cable Company (Comcast) - N/A The historical configuration of Block 7 of the Odginal Town of Boynton subdivision provided the lots with frontage on E. Ocean Avenue and SE 1st Avenue. A twenty (20) foot alley dissects Block 7, extending east to west. The existing parcel configuration of Block 7 of the Odginal Town Of Boynton subdivision as shown on the tax map indicates that Lot 9.1 and Lot 8.2 are not unified. Subsequent subdivision of the parcels of this plat has been created disregarding the minimum standards of the CBD. Lot 9.1, which abuts the subject alley measures approximately 75 feet wide and conforms to the minimum lot frontage requirement of the Central Business District (CBD), based on access and frontage along the twenty (20) foot wide alley (see Exhibit "D"). Therefore, if the existing parcel configuration is as shown on the tax map and not under unity of title with the adjacent parcel to the west, the approval of the requested abandonment will reduce down the frontage of the abutting parcel, south of the subject alley. RECOMMENDATION Staff recommends that this request to abandon the portion of the 20-foot wide alley as described above, be Approved, subject to the comments included in Exhibit "E" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of Approval. xc: Central File $:\Planmng~HARED'~WP~PROJECTS~ctleS~AI~AN 03-O02~tf ¢efx~.dOC Location Map EXHIBIT"A" The Arches at Boynton Beach N E-I-S-T-~VE m z PU " ' ~ '"R3 C2 ~ ~ CBD PROPOSED ABANDONM~, .... ,¢~? .... ORiGiNAL TOWN OF BOYNTON ~L1T a,3,3'( ~, =~GE 23 EXHIBIT "E" Conditions of Approval Revised Project name: The Arches File number: A_BAN 03-002 Reference: DEPARTMENTS 12qCLUDE REJECT PUBLIC WORKS- General Comments: Pending PUBLIC WORKS- Tr~, c Comments: Noa¢ X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Con~nents: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: .. If the parcel configUration of Block 7 is as shown on the tax map, and the X frontage of Lot 9.1 is reduced to a non-conforrmng length, than one of the following steps, or alternative action, should be taken to prevent the nonconformity: a) assembly and unification with an adjacent parcel to obtain minimize frontage; b) a variance be requested and granted; and c) limit the abandonment to the easterly portion of the alley, specifically approximately the first 190 linear feet and, modify the site abandonment accordingly. 2. This approval is contingent upon satisfying any conditions from the City Of X Boynton Beach Engineering Division. 3. Adelphia has no objections in the abandonment as long as Adelphia facilities [ X [ are ~ranted the proper easement 4. Any and all costs resulting in the relocation or removal of Adelphia facilities X due to said abandonment are paid 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. 6. Florida Public Utilities Company has existing gas facilities within the X referenced proposed abandonment area. Therefore, must object to said abandonment unless the followin~ conditions are met: DEPARTMENTS INCLUDE REJECT d) Ail related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. e) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 7. Bellsouth provisionally agree to Statement of No Objection to the proposed X abandonment subject but not limited to the following conditions: f') A utility, easement ~!! be provided to support Bellsouth's main condu~'.. ~:'~,stem that: ~derground through the existing alley. g) Re: z..::~,n costs to rear?.:,nge existing telecommunication lines in thc ~?.i..w of the project. h) Bellsouth will require conduit structure for future cable placements under an area of the proposed project where construction of conduit would not be practical after completion of the Arches project. i) Vehicular access to the area where the existing Bellsouth Manhole is located twenty-four hours/seven days a week. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: l. To be determined. S:\PlanningkSHARED\WP~PROJECTS'~ARCHES (~ BB~ABAN~COA2.doc ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BOYNTON VENTURES l, LLC, (THE ARCHES); AMENDING ORDINANCE 02-013 OF SAID CITY BY KEZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT (CBD) TO MIXED USE-HIGH INTENSITY (MU-H); PROVIDING FOR CONFLICTS, SEVERABIZITY AND AN EFFECTIVE DATE. WI-IEREAS, 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 WI-IEREAS, Boynton Ventures 1, LLC, as owner of flae ln'operty more ~articularly described hereinafter, has heretofore filed a Petition, tttrougfl its at.at., ~ancy C. Graham, pursuant to Section 9 of Appendix A-Zoning, of the Code of )rdinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land ~onsisting of approximately 3.515 acres, said land being more particularly described i, lereinafter, from Central Business District (CBD) to Mixed Use-High Intensity (MU-H); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the Iroperty hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent ¥ith an amendment to the Land Use which Was contemporaneously considered and appro~'ed at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the .nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set :forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tree and correct and incorporated : \CA\Ordinances\Planning\Rezoning\Rezoning - - The Arches .doc herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: SEE ATTACHED EXHIBIT "A" e and the same is hereby rezoned from Central Business District (CBD) to Mixed Use-High atensity (MU-H) for mixed use development (commercial and residential). A location map is ttached 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 ccordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby ~ealed. 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. :mb r m:.ADING this ~ day of ,2003. .ECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk orate Seal) \CA\Ordinances\~lanning\Rezoning\Rez°ning - - The Arches.doc ~ .~N PI.A'['I~ 2O FOOT wIOE ALJ.;I' I.YINO ~ TO ~O LOTS ~., 3, 4. 5~ 11. lZ ~O 13, ~ IN ~ 7. ~ ~ ~ A~U~ ~01 ~; R~--~Y ~ ~ ~~ 1~ A~ (~ ~ ~ ~ 11. ~ 71 ~.~ ~ ~ ~ H~Y. ~ G~ ~ ~A~ ~ ~. ~0 K~ ~ U~AY ~I. ~ ~ ~E FOR ~~-~Y, ~ ~ ~ ~ ~~-WAY ~R ~ ~, ~ ~ ~ ~H~AY. ~ ~ ~ ~A~ RE~R~ ~U~. ~ ~m~ A CO~ N~ ~ ~ I~112 Location Map The Arches at Boynton Beac~ LUAR 03-003 VIII.-PUBLIC HEARZNG O CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORN. Requested Ci~ Commission Date Final Form Must be Turned Requested Ci~ Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~--'l. April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2OO3 April 14, 2003 (Noon) [] July 1,2OO3 June 16, 2OO3 (Noon) [] May20,2OO3 MayS, 2003(Noon) [] July15, 2003 June 30, 2003 (Noon) · [] Admmistrative ~ Legal NATURE OF [] Announcement New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing '° '"'.2 :', ~ [] Code Compliance/Legal Settlements [] Unfini~tle. d Busine. ss RECOMMENDATION: Please maintain this request on the June 3, 2003 City Commission Agenda under public Hearing, and also add it under Legal, Ordinances-First Reading (both Land Use. Amendment and Rezoning). The applicant requested and was granted postponement from the May 20, 2003 City Commission meeting. The Community Redevelopment Agency Board with a unanimous vote on May 13, 2003, recoff~aended that the subject request be approved with the condition that the concerns of the Palm Beach County Planning Division regarding the project's impacts on the Year 2020 Roadway System are addressed prior to final adoption. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-105. EXPLANATION: PROJECT: The Arches (LUAR 03-003) AGENT: Nancy C. Graham, Urban Principles, LLC OWNER: Contract Purchaser - Boynton Ventures 1, LLC LOCATION: Multiple blocks beginning at the southwest comer of Ocean Avenue and US-I. DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MXC); and Request to rezone from Central Business (CBD) to Mixed Use-High Intensity (MU-H). For mixed use development (commercial and residential). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ,~,f N/A Develop .n~t Dep~rtmen-t Director Cit37Manager's Signature Planning and'Zonmg/15ke~ City Attorney / Finance / Human Resources S:~Planning~SHAKED\WPLPROJECTS',ARCHES ~ BBLLUARX~Agenda Item Request The Arches ~Boynton Beach LUAR 03-003 6-3-03.dot DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-].05 TO: Chairman and Members Community Redevef~op~nent Agency Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: May 2, 2003 PROJECT NAME/NUMBER: The Arches at Boynton Beach (LUAR 03-003) REQUEST: Amend the future land use from Nixed Use to Nixed Use-Core and rezone from CBD Central Business District to MU-H Mixed Use-High Intensity PRQ3ECT DESCRIPT'[ON Property Owner(s): NGR of Palm Beach, Inc. Dolphin Bar, ]:nc. Prime Plaza, ]:nc. Christiane Francois and Marisa G. Ritts Applicant/Agent: Boynton Ventures ~., LLC/Nancy C. Graham Location: Southwest corner of Ocean Avenue and Federal Highway, extending south to SE 2n* Avenue and west to SE 4~ Street (see Exhibit "A'~ Existing Land Use: Mixed Use (MX) Existing Zoning: CBD Central Business District Proposed Land Use: Mixed Use-Core (MX-C) Proposed Zoning: Mixed Use-High l;ntensity (MU-H) Proposed Use: Mixed use development consisting of retail commercial, office and residential uses Adjacent Uses: North: Right-of-way of East Ocean Avenue then developed commercial uses classified MX Mixed Use and zoned CBD Central Business District Page 2 File Number: LUAR 03-003 The Arches at Boynton Beach South: Right-of-way of SE 2"~ Avenue then developed commercial designated LRC Local Retail Commercial and zoned C-3 Community Commercial East: '~ Right-of-way of Federal Highway then developed commercial designated MX Nixed Use and zoned CBD Central Business District West: On the northwest, developed commercial designated MX Mixed Use and zoned CBD Central Business District. On the southwest the right-of-way of SE 4~ Street then developed commercial designated MX Mixed Use and zoned CBD Central Business District. PRO.1ECT ANALYSZ$ The parcels, which are the subject of this land use amendment, total 3. 515 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 the state, regional and local comprehensive plans pdor to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land DeveloPment Regulations, Chapter 2, Section 9, Adm/n/stral~'on and Enforcement, 1;tern C. Comprehens/ve P/an Amendment. s: Rez. on/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezon/ng would be cons/stent w/th appl/cable cornprehens/ve p/an po#c/es/nc/ud/ng but not//m/ted to, a proh/b/t/on aga/nst any/ncrease/n dwd//ng un/t dens/b/exceed/ng 50/n the hurricane evacuat/on zone w/thout wr/tten approval of the Palm 8each County Emergency P/ann/ng D/v/s/on and the C/ty's risk manager. The p/ann/ng department shall a/so recommend//m/tab'ons or requ/rements, wh/ch would have to be/mposed on subsequent development of the property,/n order to comply w/th po#c/es contained/n the comprehens/ve plan. The proposed rezoning is consistent with the applicable Comprehensive Plan policies and directions. The requested land use designation and zoning provide the developer greater intensity and flexibility for development than do the current land use designation and zoning. The Mixed Use-Core land use designation and the Mixed Use-High llntensity zoning district were adopted in response to directions in the "Federa/H/ghway Corridor Commun/ty Redevelopment Plan"and are consistent with the recommendations of that study. While the land area currently designated for this use is relatively small (_+19 acres) it has been the City's intent to expand the area on a project-by-project basis in order to review land use compatibilities and control the potential impacts to the City's service delivery systems until adequate capacity exists concurrent with demand. b. Whether the proposed rezon/ng would be contrary to the estab//shed /and use pattern, or would create an/$o/ated d/stn'ct unrelated to adjacent and nearby d/stn'cts, or would const~'tute a grant of spec/a/pdv//ege to an/nd/v/dual property owner as contrasted w/th the protect/on of the pub/lc we/fare. Page 3 File Number: LUAR 03-003 The Arches at Boynton Beach The proposed rezoning would not create an isolated district but would relate to other properties in the downtown area that are currently or will be a part of the revitalization of the area. c. Whether" changed or changing conditions make the proposed rezoning desirab/~ and, e. Whether the proposed rezoning wou/d be compat~b/e with the current and future use of adjacent and nearby properties, or wou/d affect the property values of adjacent or nearby properties. The addition of the two mixed use land use designations, Mixed Use and Mixed Use-Core, and the accompanying Mixed Use/Low-]:ntensity and Mixed Use/High-~[ntensity zoning districts have provided greater options for development and redevelopment in the downtown area than was possible with the CBD Central Business District zoning. The flexibility includes additional density, building height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed vision of an urban downtown enviror',ment. d. Whether the proposed use would be cornpatzb/e with utility systems, roadways, and other pub#¢ fac#itz'e~. The Palm Beach County Traffic Division has reviewed the application and responded that the project meets the Traffic Performance Standards of Palm Beach County under the following conditions: · Provisic-' ~f an exclusive east bound Right-turn lane at the intersection of Feder~ -. ghway and ~.~ Avenue; and, · Pro¥~on of adequate right-of-way on the southwest quadrant of the intersection of Federal Highway and Ocean Avenue for future intersection expansion. Preliminary estimates show that the project's demand for water flow will be approximately ~.29,438 gallons per day. Water Utilities has stated that the City has unreserved capacity remaining. With respect to solid waste, in a letter dated December 18, 200~. the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the !0-year planning period. The School District of Palm Beach County responded on April ~.1, 2003 that they have reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisf7 all requirements of the city and local drainage permitting authorities. f. Whether the property is physically and economica//y deve/opab/e under the ex/sting zoning. The property is currently developed and could be redeveloped using the existing land use designation and zoning; however, because of the limitations found in the CBD Central Business District zoning regulations, the resulting redevelopment would not be consistent with the vision for the core of the City as expressed in the "?edera/Highway Corridor Community Redevelopment Plan ~. Page 4 File Number: LUAR 03-003 The Arches at Boynton Beach g, 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 the project is consistent with the Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan, ample capacity exists to meet the service needs generated by the proposed project, and it will serve to provide an economic contribution to both the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in distn'cts where such use is a/ready a/lowed. The area of the City presently designated for Nixed Use Core land use contains only +_19 acres, including the present Nadna site. This is not enough land to create the cdtical mass necessary to underpin the redevelopment envisioned for the City's downtown. The addition of this property will provide a valuable contribution to both the physical and economic revitalization of the City. CONCLUSZON$ / RECOI414 EN DAT/ON$ 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 adiacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommend conditions, they will be included within Exhibit "B". ATTACHMENTS S:\P~nnir~\SHARED\WP~PRO]ECT'~RCHES · 88~.LUAP,\S'I'AFF REPORT NEW.dOC Location Map The Arches al: Boynton Beach LUAR 03-003 --' F O(~FAN AVF R1A C3 R3 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OCEAN AVENUE AND U.S. I (THE ARCHES PROJECT); 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; THE LAND USE DESIGNATION IS BEING CHANGED FROM MIXED USE (MX) TO MIXED USE-CORE (MX-C); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WIIEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of mi4 Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WIIEREAS, 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 WI-IEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to a mend t he aforesaid Element o f t he Comprehensive Plan as adopted by the City herein. NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACI-I, FLORIDA, TI-IAT: 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 $~\c.~\O~din~ncel\~l&nnxng\L.tnd Use\The A~c~el * ~ixed ~se Core.doc following: That the Future Land Use of the following described land shall be designated as Mixed Use-Core (MX-C). Said land is more particularly described as follows: SEE ATTACHED EXHBIT 'A' Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Sectie.g 3_.2.' All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Shoul~i ,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 take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FlltST READING this . day of .., 2003. $:\~A\O~d~nanceg\P~L~L£n~\L&nd ~se\T~e A~CAeS - M~xed ~se ~o~e.doc SECOND, FINAL READING and PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) 5:\CA\Ordinancel\~lanning\Land Usa\The Arc~el - M£XId Ule Corm,doc co~iu~ AT *mE: Nm~.GTION OF THe CE]~ERt.,~ AVgNU£ Mm ~ C:O,'m~ Of' F~eU4. ~.rW,~Y ~, US I.,GHW,Y )40, 1XtOO FOOT ~E:N~ NOdWTH 88'B0'27' WE31' ALDN~ SAID COiTEA UNE OF ~ AY~UF.. 50.01 FEET; ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT O F A PORTION O F A 2 0 FOOT WIDE ALLEY, LOCATED BETWEEN S. FEDERAL HIGHWAY AND S.E. 4m STREET, SUBJECT TO STAFF COMMENTS; MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING EXECUTION OF A DISCLAIMER FOR THIS ABANDONMENT, WHICH DISCLAIMER SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant and agent for Boynton Ventures, l LLC, Nancy C. Graham, is requesting the abandonment of a portion of a 20 foot wide alley, located between S. Federal Highway and S.E. 4th Street, subject to staff comments; and WHEREAS, comments have been solicited fxom the appropriate City Departments, 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 true 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, located between S. Federal Highway and S.E. 4a' Street, subject to staff comments, and more particularly described as follows: A portion of that certain 20-foot alley adjacent to Los I through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach 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 ,2003 SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk S: ~CA\O re,in anc~AAi~an~io~ m~,~t$~,c~o~ Ai~f~Oo~n~l~t .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 a portion o f a 2 0 foot wide alley, subject to staff comments, 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 II, Page 71 oft he 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 June, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressn~, City Manager City Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) 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 June, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: ,:,,CA\O rcli n anc~vM:~r~d o~ m~'ct~ AOando~ment.Ooc V.-CONSENT AGENDA FI'EM H. CITY OF BOYNTON BEA.CRi.. AGENDA ITEM REQUEST i ORM ...... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting, Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] Al~il 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May20,2003 May 5, 2003 (Noon) [] July15, 2003 June 30, 2003 (Noon) ~.. [] Administrative [] Legal -,. NATURg OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Corr~liance/Legal Settlements [] Unfinish~ Bnsin~.~ RECOMMENDATION: Please place this request on the June 2, 2003, City Commission agenda under Consent Agenda. Staffrecouauends that the City Commission approve the petition from Brace A. Clipson representing Clipson Unlimited, Inc., vehicle for hire 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 Clipson Unlimited, Inc, vehicle for hire service. Pursuant to city codes, Chapter 24" Taxicabs", prior to operation these uses must obtain approval from the City Co,,~r,~i~ion through granting of a Certificate of Public Convenience and Necessity. A notarized application has been attached for Commi-~sion review, which indicates that the business consists of one (1) employee, and that it will operate at the applicant's home address, 3 Dogwood Circle, and provide services within Bosmton Beach city 1Lmits as per Chapter 2, Section 11-D. Home Occupation. There are currently four (4) 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 Occupation License revenues of $125.00 (1 vehicle) annually. Deve~Sme~ I~nt~irector ' City'glanager's Signature Pl~nn]ng and Zon~g IDirector City Attorney / Finance / Human Resources S:~BUI.IF--TIN~ORMS~.GENDA ITEM REQUEST FORM.DOC 0 CrTY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT 100 F.. 13oynton Be.~ch Blvd., P.O. Box310 ~3oyntofl [~:lch, Florida Phone: ~6 i-742-6560 : 5. Conlxamor/Prot'essional License Holder: Name: FL.CER.T.#PBC COMP.#: $S~: ~.¢l-q~-l~/~ ~ · rs this a Mini-Storage Facility? Yes: No: rs this a Dead Storage Facility? Yes: No: ). Property Owner/Agent-. Phone #: :. Total Sq. Ft. of Bldg/$uite used for ~ Occupancy:. :. Does your Bus/ness require outside storage? Yes: No: / N/A: Total number of allotted Off'-Stree~ Park/ng Spaces for use: Will you use, handle, store or display Fl'~rdous Ma£erials or generate H~rdous Waste, az deft. ned by 40 Code of Federal Part 25i? Yes: No: v"" Will ),our use require Remodeling and/or Renovadort?: Yes: No: W'nolesale value of'merchant's on-site stock inventory:. $ Total number of'sents (Barber Shops/Salons/Restaurants/Theaters, ere): 7otal number of'Employees (including Owner): ~ Total number of'v'ehicies: %/iL- Total number o~'Machines: Eeaith Depar~'nen~ approval required (PLF_,A$1= ATTACH) Yes: . No: ?r, eviously Licensed/n the City of Bo,vnton Be=ch?: Yes: ~ No: ,~TIFY THAT the above information is corr~ and complete, l will no[ open 5or bus/ness withou~ [icense approval fi.om, and f~ :o. d~,e Ci,ry of Boynton Beach and I am aware thac iff do, [ am subjec~ to fine and/or hnprisorument. · t: Da,e: 0 5': 0 Tide: Date Licensed: CITY OF BOYNTON BEACH OCCUPATIONAL LICENSE HOME OCCUPATION CONDITIONS & AFFIDAVIT OF AGREEMENT The Boynton Beach permits Home Occupations within residential districts subject to compliance with Chapter 2, Zoning Section 11 .D. > Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of 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: 1. 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. 2.. A home occupation shall only be conducted within twenty (20) percent of the living area of the dwelling including intedor halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. 3. 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). 4. No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, our electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. 5. 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. 6. 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 areas for storage of materials and supplies used in business activities. 7. No sign or display shall be visible other that a nob-illuminated sign, not exceeding two (2) square feet in area placed on the extedor wall of the residence as close as practical to the front entrance. 8. 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, %/~,~~-~...1. ""~ the owner or lessee of the property located · T J at: '~DYI~-~-0/'.J ~~, 'F/-- .zip:-~4 PhoneNo.:~l''~Lt'l-q~ - / do hereby cert~y that, have read the foreg°i~?r~ am ~ mY resp°nsibi'it'es and 'iabi'ities f°r the license to: (describe type or function): V-0_~.,~uc~c~''' 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 occupational license at~th~i~bove Io,c~.tion., Si~r~ature of Llcer~e STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this (date): z//' '~' 0.~ by: ~ who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. (SEAL) Signature of person taking acknowledgement: l~ ~.~.r~ ~)~v~ C..~ Name of officer taking acknowledgement (,ty~p~ed, printed or stamped): Title or rank: '~ ~c,~ ~ ~ ''~ O~'~~ ~~ c,,-, J ~ Serial number, if any: OO'~V~ ~j ~~ oo,w-, ~ms Ja~ 15, 2007 SADevelopment~Forms & Templates~Occ. Lic. Home Occupation Conditions & Affidavit of Agreement.doc STATE OF FLORIDA County of Palm Beach ss: RESOLUTION OF SHAREHOLDERS AND DIRECTORS The undersigned directors o~,~~,- Inc., a Florida corporation (hereinafter ("Corporation"), and being all the directors of the Corporation, do hereby unanimously consent in writing to the following action and Adopt the followin.~ Resolution: BE ;? RESOLVED as follows: The Board of Directors discussed the necessity of obtaining an occupational License from the City of Boynton Beach to operate the corporations~__business. The Board of Directors finds that I .Io. tw~~-~- of the Corporation are hereby authorized to bind the Corporation in its application to the City Of Boynton Beach for an occupational license. Time l~atet STATE OF FLORIDA COUNTY OF PALM BEACH The foregoio, g in~tmment~was ackno~wledged before me th~s (date): By: r%d aZ cGf . ,, Who is personally known to me, or who has prodflced (type of identification) L I b 9/~ $ e $ ~2 ~ to 0 as identification and who did (did not) take an oath. (SEAL) Signature /~,.t~ . . Title orRar~: ..1.~./acr~Ca~a ~ 'x~e.~t(.O_ !ff..~,ese,'~ ~ ~' Serial number, if any:. ~0}"'/"~ q · .,~,~ --- The Sunshine State C412.061-54..175-0 0&.lS-14 M ~.0tA ORGAN OOt~OR ACORD. CERTIFICATE OF LIABILITY INSURANCE ' P.ooucER 05/05/2003 THIS CERTIFICATEI$ ISSUED AS A MATTER OF INFORMATION A-ALL INSURANCE OF WPB, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 7 8 7 N'ORTIiT..~,Iil~ BT.VD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR · ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NORTH PALM BCH., Fr.. 33408 5 61 - 8 4 4 - 2 2 5 5 INSURERS AFFORDING COVERAGE NAIC~ i.su.Eo CLIPSON UNLIMITED, INC. ,.su.E.^: NATIONAL INDEMNITY INSURER 8: 3 DOGWOOD CIRCLm._ ~NSURER C~ BOYNTON BEAC'H,, FL 33436 ~NSURER D: .15616419666 INSURER ;: COVERAGES THE POLICIESOF INSURANCE LISTEC~ELOW HAVE BEENISSUED TO THE INSUREC~AMED ABOVE FORTHE POLICY PERIOCINDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONSOF SUCH POLICIESAGGREGATELIMITSSHOWN MAYHAVESEEN REDUCE°BY PAl°CLAIMS. · rw Type OF iNSUPAN~__~ PO~.ICY NUMBFJ~ POUC¥ ~Pl~l; IIv~POi-lCYEX~IRATION J G~ OA'r~lMMmOff~ °A'r~iMM~OOA, Y} I UMrrS ERAL LL~_eF_.q"Y ~ ! $ i, ! I COMMERCIALC~NERAL LIAEILIT'f' -- $ CLAIMSMAOE ! / OCCUR I ---' ......... ' MED EXP(Anyor~ ~} / $ ~ .~ER~ONAI. & ~I:)V INJURY $ -- . GENERAl. AC-~..~REGATE S GEN1. AGG~.~ATE LIMIT APf:~IES I~.R: IpOLICY ~J~CTI~RO' ~'~ LOC ! I~ROOUCTS'COMP~iIOAGG S COME~N~S~NC~ UM~T $ 500. 000 MgYAUTO (Ea acc~em) N.L OWNED NJTO$ ¥ ~OOILYINJURy ~"" SCHEOULEDAUTOS (Ps~o.) S A/ X __ .,.EOAUTOS 03057491 5/5/03 5/5/04 -- NON'OWN~UTO$ (pet, acci<~) $ ~ROI~RTY (Pe~) S GARAGE UABIUTY AUTOONLY. EA ACCIDENT ANYAUT0 - OTHERTHAN EAACC $ AUTOON/y~ AGG $ EXC ESSAJAi&~ELLaLIABILITY j j~ EACH 0CCURRENCE S QCCUR CLAIMSMADE AC,~R~:C, AT~ $ $ RETENTION S $ WORI¥- ~.,0~ ~N ~TIO~J~ 0 I OTH- EM Pl. OYI~R$'LIARILITY J WC ~TATU- · TORYLJMIT~ ER ICyes.~scnl~eunoe~ E.L. OISEA,SE · EA EMPt. OYEE SPECIAl. PROVISIONS ~ E.L. DISEASE - I=OI.JCy LIMIT OTHER AIRPORT SHUTTLE VAN; SN: 5FNRL18943B095630 CERTIFICATE HOLDER CANCELLATION SHOUL~ ANY OF THE A~OVE DESCRIBEDI~JCIES BE CANCELLEDSEFORE ~E ~PI~TION CITY OF BORON BEA~ DATE ~E~, ~E ISLING INSURER ~ ~D~VOR TO MNL 1 0 DAYS WRI~EN 10 0 E. BORON B~ BO~~ NOTICETO ~E CERT~CA~H~D~EOTO ~E LE~. BUT FNLURETO OD SO SHALL BORON B~, FL. 33425 ,M~~~i~yKiNOUP~THEiNSUR~..SAGENTSOR R~RE~TAT~ ~U~.ES~TAT~ ~ ACORDCORPO~TIO~ 988 ............. ~ ~,~-~*~^~- OF PUOLZC CONVENIENCE AND NECESSITY: APPLICANT INFORMATION: N~E ~ BE USED ON VEHICLES: ~ ~,g~~ LOCATION OF PROPOSED DEPOTS ~D TE~INAL: ~ ~~~ ~. EXPERIENCE OF APPLIC~T IN THE TR~SPORTATION OF PASS~GERS: ANY FA~S WHICH THE A~IC~T BELI~ES TEND ~ PROVE THAT PUBLIC CONV~IENCE AND NECESSITY REQUIRE THE GRATING OF A CERTIFICATE: THE NUMBER OF VEHICLES ~ BE OPERA~ BY ~E APPLIC~ IN ~E CI~ OF ~ B~CH: co~. sc.~ o. ~Ns~.~ ~o .~ USED: ~~ NAME OF INSURANCE CARRIER (ATTACH CERTIFICATE OF INSURANCE MADE .OUT TO THE CITY OF BOYNTON BEACH) ~OUNT OF ~NSURANC~..:~ ~ PER SECTION 24-10 OF THE BOYNTON BEACH CODE OF ORDINANCES, ATTACH COPIES OF ALL CONTRACTS, AGREEMENTS, ARRANGEMENTS, MEMORANDA, OR OTHER WRITINGS RELATING TO THE FURNISHING OF TAXICAB SERVICE TO ANY HOTEL, THEATER, HALL, PUBLIC RESORT, RAILWAY STATION OR OTHER PLACE OF PUBLIC GATHERING, WHETHER SUCH ARRANGEMENT IS MADE WITH THE HOLDER OR ANY CORPORATION, FIRM OR ASSOCIATION WITH WHICH THE HOLDER MAY BE INTERESTED OR CONNECTED. LIST OF ATTACHMENTS: APPLICANT STATE OF FLORIDA, COUNTY OF PALM BEACH 2xforegoing~nstrument was acknowle~d before me this perso~ll¥ 'known to me or who has produced~/~.~#~z~/~/~z~,. (type of identification) as identification and who d~d (did n~) take an oath. (SEAL) Signature of person taking Ham~ of officer taking acknowl~dgemmnt--type~, pr~nte4~or ~:~mped_ Title or rank~al number, if / -.- bh - 2/92 V.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comn'nssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinm Date~ in to City Clerk's Office Meeting, Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31. 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of proposed First Amendment to umty of Title. EXPLANATION: The owners of the residential rental complex known as Tuscany on the Intracoastal are attempting lo sell the complex to a buyer who would like to convert it to condominium ownership. When the property was developed as apartments the City required the Developer to record a Unity of Title to ensure that all of the property remained under single ownership and unified control. The proposed Amendment to umty of Title would shift umfied control to a single umbrella master association of condominiums. PROGRAM IMPACT: None. FISCAL IMPACT: None. ALTERNATIVES: None. ~ Department Head's Signature ture Departn~nt Name !" C~VA'ttomey F~nce / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Prepared by and return to: Marcy H. Kammerman, P.A. Broad and Cassel 7777 Glades Road Suite 300 Boca Raton, Florida 33434 FIRST AMENDMENT TO UNITY OF TITLE This FIRST AMENDMENT TO UNITY OF TITLE (this "Amendment") is dated as of June 3, 2003 by and between TUSCANY INTRACOASTAL, LLLP, a Florida limited liability limited partnership ("Tuscany"), and the CITY OF BOYNTON BEACH, FLORIDA ("City"). BACKGROIYNI) A. Tuscany is the owner of certain property more particularly described on Exhibit "A" anached hereto and made a part hereof (the "Property"). B. The Property is eun'ently encumbered by aa instrument known as "Unity of Title" dated January 19, 2001 and recorded January 22, 2001 in the Public Records of Palm Beach County, Florida, in Official Records Book 12264, Page 980, a copy of which is attached hereto as Exhibit "B" (the "Original Unity of Title''). C. Tuscany has requested City to amend the Original Unity of Title to expressly permit the Property to be subject to a phased or multiple condominium form of ownership subject to a single umbrella master association. D. City has agreed to so amend the Original Unity of Title as so requested by Tuscany and as more particularly set forth in this Amendment. NOW, THERFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, the parties hereto hereby agree as follows: AGREEMENT 1. Recitals. The recitals set forth in this Amendment are true and correct and are incorporated into this Amendment by reference. 2. Amendment to Orik, inal Unity of Title. The Original Unity of Title is amended by deleting Section 1 thereof in its entirety and inserting the following Section 1 in its place: "Said property shall be considered as one plot and parcel of land, and that no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except (i) in 1 0OC I'~REALEST~114476.1 0035010212 its entirety as one plot or parcel of land or (ii) if developed in multiple phases or as multiple condominiums, with all of such phases and/or condominiums governed by a single umbrella master association. To the extent that said property is developed as multiple phases or condominiums governed by a single umbrella master association, same shall not be a violation of this instrument, and the entire parcel shall nonetheless be considered as one plot and parcel of land for the purpose of determining compliance with all requirements of the applicable governmental authorities, including, without limitation, FAR, setbacks, design review standards, parking, etc." 3. Recordation. Each of the parties hereto understand that this Amendment shall be recorded in the Public Records of Palm Beach County, Florida, at the sole cost and expense of Tuscany. 4. No Other Amendments. Other than as set forth in this Amendment, the Original Unity of Title remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year set forth above. Signed, sealed and delivered TUSCANY INTRACOASTAL, LLLP, a Florida In the presence off limited liability limited partnership By: Altman Development Corporation, a Michigan Print Name: corporation, its general partner by:, Print Name: Name: Title: CITY [JIM - PLEASE ASSIST ME WITH Print Name: APPROPRIATE SIGNATURE BLOCKS] Print Name: 2 SO~I~REALES'~ ~ 4476. ~ 00350/0212 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of May, 2003, by as of Altman Development Corporation, a Michigan corporation, general partner of Tuscany lntracoastal, LLLP, a Florida limited liability limited partnership, on behalf of the partnership. He/she is personally known to me or has produced as identification. (Signature of Notary Public) (Typed name of Notary Public) Notary Public, State of Florida Commission No. My commission expires: [NOTARY FOR CITY TO BE ATTACHED] 3 BOC 1 \REALEST~ 114476. I 0035010212 EXHIBIT "A" LEGAL DESCRIPTION 80C 1 ~kl..ES'~l 14476. 00350/0212 EXHIBIT "B' ORIGINAL UNITY OF TITLE $ BOC 1 ~=.EALEST~114476.1 00350/0212 V.-CONSENT AGENDA Ti'EM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates. - in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April t, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal ~ -- NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business aECOMMEm)ATION: Approve the plat of the Harbors, PUD subject to the approv~ mayor and the city engineer. ZXe[ANATmN: The Harbors is a 51 unit townhome development between U.S. 1 and the intracoastal at Gateway Boulevard (the old La Notte restaurant). See attached location map. PROGRAM IMPACT: N.A. FISCAL IMPACT: N.A. ALTERNATIVES: Approve the plat with conditions. I~x par~ent l~ead,s Signature City Manager's Signature Publ. J.c ~ork$ Dept/EncjJ. neerS, nq Div. Department Name City Attorney / Finance / Human Resources S :~BULLETIN~ORMS',AGENDA ITEM REQUEST FORMDOC LOCATION SKETCH NOT TO SCALE 22ND AVENUE SITE sw 1/4. V.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates : in to City Clerk's Office Meetinlt Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2. 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal ~ -- NATURE OF [] Announcement [] New Business ~-~. AGENDA ITEM [] Cit~ Manager's Report [] Presentation _.: [] Consent Agenda [] Public Hearing r~, . ._: [] Code Compliance/Legal Settlements [] Unfinished Business :_.. . ~ R~COMMENOATION: Approve the plat of the Harbors, PUD subject to the approv~o£~ mayor and the city engineer. EXPLANATION: The Harbors is a 51 unit townhome development between U.S. 1 and the intracoastal at Gateway Boulevard (the old La Notre restaurant). See attached location map. PROGRAM IMPACT: N.A. FISCAL IMPACT: N.A. ALTERNATIVES: Approve the plat with conditions. l~pa~ent ffead's Signature City Manager's Signature Public Works Dept/Enqineerinq Div. Department Name City Attorney / Finance / Human Resources S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC - 7- /E /IfA IEBO/ S P. D. LOCATION SKETCH NOT TO SCALE SITE °'~ ~ V.-CONSENT AGENDA ITEM E.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tamed Meetina Dates ~ in to City Clerk's Office Me~:tina Dates in to City (~lerk's Office [] April 1, 2003 ' Match 17, 2003 (Noon,) [] June 3, 2003 May i9, 2003 (Noon) ~'] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6,2003 Apnll4,2003(Noon) [] Julyi,2003 Junel6,2003(Noon~-'3. · [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noo~ .: [] Adr~nistrative [] Legal _~. NATUREOF [] Announcement [] NewBusmess r..: AGENDA ITEM [] City Manager's Report [] Presentation ='- --' . [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfmish~ Business RECOMMENDATION: Please maintain this request on the June 3, 2003 City Commission Agenda under Consent Agenda. The applicant has requested postponement from the May 20, 2003 City Co,,~-ks,sion meeting. The Community Redevelopment Agency Board with a llnaninlous vote on May 13, 2003, recoma~ended that the subject request be approved, subject to staff conditions and additional conditions to address potentially conflicting awnings and landscaping, encroachment of awnings into rights-of-way, planter boxes, trash removal, and the review of final building colors. For farther details pe~nainin$ to the request, see attached Department of Development Memorandum No. PZ 03-105. EXPLANATION: PROJECT: The Arches (NWSP 03-002) AGENT: Nancy C. Graham, Urban Pnnciples, LLC OWNER: Contract Purchaser - Boynton Ventures 1, LLC LOCATION: Multiple blocks beg~ning at the southwest comer of Ocean Avenue and US-1. DESCRIPTION: Request site plan approval for a Mixed-Use development consisting of 276 aparmaent umts, 31,630 square feet of retatl,.and 12,870 square feet of offices located on 3.515 PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: ...~ N/A Developt~nt Department Dffector ' City M'anager's Signature Planning and Zon~'i~rector City Attorney / Finance / Human Resources S:,,Plannin$~HARED\WP~PROJECTS'~-RCHES ~ BB'u"qWSP 03-002'~Asenda Item Request The Arches ~Boynton Beach NWSP 03-002 6-3-03 dot S:~BULLETIN~ORMSXAGENDA iTEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNZNG AND ZONXNG DZVZS]:ON MEMORANDUM NO. PZ 03-100 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: May 5, 2003 PROJECT NAME/NO: The Arches / NWSP 03-002 REQUEST: New Site Plan PRO3ECT DESCRZPT1:ON Property Owner: MulUple owners, including MGR of Palm Beach, Inc., Dolphin Bar Inc., and Prime Plaza, Inc. Applicant: Boynton Ventures :)., LLC Agent: Nancy C. Graham, Urban Principles, LLC LocaUon: Beginning at the southwest corner of Ocean Avenue and Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Mixed Use (MX) / Central Business District (CBD) Proposed Land Use/Zoning: Mixed Use Core (MXC) / Mixed Use-High (MU-H) Proposed Use: Mixed Use project including Residential Multi-family, Parking Garage, Office and Retail. Acreage: 3.515 acres (153,113.4 square feet) Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South: Right-of-way for Southeast 2"e Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); East: Right-of-way for Federal Highway and father east is developed commercial Staff Report - The Arches (NWSP 03-002) Memorandum No PZ 03-100 Page 2 properties zoned CBD; and West: Developed commercial proper'des in Block 7 zoned CBD and then farther west is right-of-way for Southeast 4m SI:feet and still farther west is developed commercial properties zoned CBD. Project size: Dwelling Units: 276 Multi-family units 8]. one (].)-bedroom ].95 two (2) and three (3)-bedroom Commercial: 2~,,296 square feet Office: :/8, ].69 square feet Restaurant: ].2.,699 square feet Site Characteristics: The subject lots are currently developed with multiple buildings and occupied by vadous commercial uses. Proposal: Nancy C. Graham of Urban Principles, LLC. has assembled many lots within almost two city blocks in order to develop a large scale mixed use project. The project would consist of three (3) separate buildings ranging from three (3) stories to stories in height. On the site plan, the proposed buildings are labeled Building "A" through Building "E" (see Exhibit "B" - Site Plan). Nonetheless, if approved, the applicant would request building permits consolidating all buildings into three (3) groups. Approval of this project is contingent upon the accompanying request to rezone (LUAR 03-003i the property from Central Business District (CBD) to Mixed- Use High (MU-H). The applicant has also submitted a request to abandon a of an alley on Block 7 (ABAN 03-002) (see Exhibit "C" - Conditions of Approval). As of today, this project represents the second "mixed-use" type of development for the City within the newly created MU-H zoning district. Retail and restaurant uses would primarily occupy the ground floor level while office and residential uses would occupy the second and remaining upper floors levels. This scenado would be consistent with the standards of the MU-H zoning district. The project is to be built in one (1) phase. Concurrency: Traffic: Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. Intensity is typically measured by the proposed building area (in square feet). This project's traffic study was reviewed and approved by the Palm 8each County Traffic Division. However, subsequent to the Traffic Division approval, the plans were revised to reflect slightly different intensities. Since the Traffic Division already approved the traffic study for concurrency purposes, this minor discrepancy between the traffic study and the site plan shall be rectified during the permit review process (see Exhibit "C" - Conditions of Approval). Staff Rel~ort - The Arches (NWSP 03-002) Memorandum No PZ 03-100 Page 3 Drainage: Conceptual drainage informalion was provided for the CiL'y's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred unlil lime of permit review. All South Ftorida Water Management District permits and other drainage related permits must be submitted at lime of building permit (see Exhibit "C" - Conditions of Approval). School: The project has met the school concurrency requirements of Palm Beach County. Driveways: The proposed development is considered a large-scale mixed-use project: that would encompass nearly Lvvo (2) full city blocks. The project can be characterized by "urban / infill" development whereby front building se~acks are minimal and off- sC'~-~? ~arking is relegated to a subordinate role. The plans show that a parking garage would provide for the vast majority of off-s'a'eet parking spaces, which is intentionally proposed to be located to the "rear" of the project (along Southeast ~? Street). Also, the project is not proposing l~'aditional driveways and surface parking lots like ~suburban"-type of projects (where driveways connect: to off-street parking located in front of the buildings). Conversely, this project proposes only one surface parking lot. This lot would be cradled between buildings and unseen from adjacent rights-of-way. This at-grade parking lot would have L~o (2) points of ingress / egress. The ddveway openings for the lot are proposed at 24 feet in width and would provide for two (2)-way traffic. As proposed, the driveway runs in a northerly-southerly direclion, connecting Southeast l~ Avenue to Southeast 2~ Avenue. Similarly, the parking garage would have two ()-) entrances of its own. Both driveway openings would allow for ingress J egress movements. All other entrances to the development are for pedestrians only. Parking Facility.' Off-street parking for the proposed MU-II zoning district must meet the requirements in Chapter )-, SeCdon [ [.H., of the Boynton Beach Land Development R. egulations. The project proposes a mix of residential, office-retail, and commercial uses. One-bedroom aparl:rnent units require one and one-half (il/=) parking spaces. Two and three bedroom apart, menl: units require two ()-) parking spaces each. The project: proposes )-76 units (a mixture of one, L~vo, and three bedrooms), which would require 5[:~ parking spaces. I~estaurant uses require one (~.) parking space per ].00 square feet of gross floor area or one (].) parking space per 2.5 seats, whichever is greater. Since the total number of seats is undetermined at this ~Jme, the parking methodology would be based on the gross floor area ([).,500 square feet). Based on the gross floor area, the restaurant use would require [25 parking spaces, which is also equivalent To 50 seats. The office-retail use requires one (:1.) parking space per :~00 square feet of gross (net) leasable floor area. Under this standard methodology for calculating required off-street parking spaces, a grand total of 8].9 parking spaces would be required. IIowever, because the al~plicant is simultaneously requesting to rezone the subject site from the Central Business District (CBD) to the Hixed Use-High (MU-H) zoning district, the project would be permitted I:o utilize the Urban Land [nstitute's Shared Parking Table methodology as a basis for calculating the required number of off-street parking Staff Report - The Arches (NWSP 03-002) Memorandum No PZ 03-100 Page 4 spaces. Therefore, based on the proposed uses and their respective building areas, Ge required number of parking spaces wou(d be 750 (see Exhibit "C"- Conditions of Approval). The applicant is proposing a mulU-use parking garage that would accommodate up to 718 vehicles, including 15 handicap spaces. According to the 1~ Floor Ptan (prepared by Looney Ricks Kiss), a total of 42 parking spaces are proposed on the bottom floor. Also, these 42 spaces would be used for "convenience parking". Each subsequent floor would contain 98 parking spaces (on floors 2 - 7); except the eighth (8m) floor, which would have 88 parking spaces. The 9m floor of the structure would be an open-air deck to serve as the recreaUon area for the apartment residents. A surface parking lot would provide for 35 additional parking spaces. As previously mentioned, this lot is proposed within the interior of 8lock 12. This lot would extend between Southeast t'~ Avenue and Soul,east 2~ Avent~ with Eeo-stone pervious pavers surface material. This material would help meet the minimum 15% pervious area required of the MU-H zoning district. Regular parking space dimensions would conform to code requfrements of nine feet by eighteen feet for 90 degree parking and nine ~'~ by twenty-five feet for parallel spaces. Handicap spaces would be dimensioned twelve feet by eighteen feet. In conclusion, the parking garage combined with the surface parking lot would provide ?55 parking spaces or an excess of three (3) spaces. However, the paddng could be negatively impacted in the future if the applicant requests additional apartment units, restaurant seating (more than 50 seats) or more leasable floor area for the retail-office uses. If these intensities are increased, thereby creating a parking defidency, the applicant may request to pay a `fee in lieu" of parking in order to compensate for the difference. Regardless, all requests to pay a 'fee in lieu" of would require approval from the Community Eedevelopment Agency Board and City Commission (see Exhibit "(7' - Conditions of Approval). Between October 1, 2.002 and September 30, 2003, the "fee in lieu" of parking spaces cost $1,000 each. Payment of the fee is required prior to the issuance of the first building permit. In addition to the off-street parking, the project is proposing 32 on-street parking spaces. However, these spaces cannot contribute towards the number of provided parking spaces. According to the applicant, however, they will be unrestricted and open for public use. Landscaping: The MU-H zoning district requires thal: at least 15% of the property is pervious area. The landscape plan shows that the total pervious area would equal ,~1,360 square feet (0.94 acres) or [5.6% of the site. This is accomplished by using 31,832 square feet of pervious paving material called "Eco-stone". Essentially, the typically impervious surface of the at-grade parking lot would be replaced with Eco- stone. According to the applicant, Eeo-stone is a hard, pervious surface that allows water to permeate through. These "Eeo-stone" pavers would also be used on pedestrian walkways and plazas proposed throughout the project. The pavers would be utilized in conjunction with the traditional pervious / landscaped areas. It should be noted that the Eeo-stone pavers were not included within the drainage calculations of the Grading and Drainage Plan. The pavers are purposely used ~o meet the [5% pervious requirement of the MU-H zoning district. Staff fully SIaff Report - The Arctnes (NWSP 03-002) Memorandum No PZ 03-100 Page 5 endorses this concept (within the Mixed Use zoning districts). The traditional landscaped areas would total 9,528 square feet or 0.2.19 acres. According to the tree survey, the subject site currenUy contains 110 existing trees. The species consist of the following trees: Foxtail, Coconut, Christmas, Cabbage, Royal, (~ueen, and Solitaire palm trees and Oak, Pink Tabebuia, and Mahogany shade trees. Many of these trees would be relocated to the School of the Arts High School in West Palm Beach. The recenUy adopted regulations for the MU-H district provide specific landscape requirements that are addressed in the proposed landscape plan. The trees proposed within the streetscape include Live Oak, Dahoon Holly, and Medjooi Date palm trees. Palms would be used in the streetscape in areas of conflict with utility easements. The landscape plan shows that 187 shade / calm trees are proposed, of which, 52% would be naUve species. T~e landscape ~;'an also proposes 1,172. shrubs / hedges / accents, of which, 61% would be native species. Building and Site: Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Many of the buildings would have varying heights but are interconnected at the base level (as shown on the floor plans and elevations). The maximum height allowed by the MU-H zoning district is [50 feet. All proposed buildings would comply with this maximum height requirement. The site plan (sheet 3 of 6, prepared by Shah Drotos) shows the buildings labeled "A" through "E". Building "A" would be five (5) stories tall with the top of the roof at 63 feet - ~S inches in height. The top of the elevator shaft would be 70 feet - 4 inches in height. Building "B" is proposed at the southwest comer of Ocean Avenue and Federal Highway. Building "B" would be three (3) stories tall with the top of the roof at ,H. feet in height. Building "B" is connected to Building "A" by a sky bridge. The sky bridge would occur on the third floor. Building "C", which fronts on Federal Highway would be ten (10) stodes tall and total 1:).$ feet - 8 inches in height The elevations show that the height of the elevator shafts and pitches in the parapet walls of Building "C" would vary. Several flagpoles with varying heights are proposed on building "C". The top of the tallest flagpole is proposed at 139 feet in height. Builc~ing "D" would contain a mix of uses, similar to the other buildings except, this building would be attached to the parking garage (Building "E'~. Building "D" would be eight (8) stories tall with varying roof heights of up to ).O~t feet - 5 inches in height. The elevations show that the east portion of Building "D" (along Federal Highway) would be four (4) stories tall and 52. feet - 8 inches in height. Building "E", the parking garage, would be a total of nine (9) stories. The ninth story would be unroofed (open-air) and used as the recreation area. The height of the proposed structure would vary but ultimately would be a maximum 86 feet- 5 inches. The recreation area would include a swimming pool and cabana. The cabana structure would be screened from views from the side streets by the parapet walls. However, the proposed trees may be seen from the side streets as they continue to mature. Staff Report - The Arches (NWSP 03-002) Memorandum No PZ 03-100 Page 6 Design: The project as a whole has been designed to graduate the arrangement of densiW. The ground floor and upper level floors have been designed as a series of interlocking spaces, unified by architectural elements, while preserving the existing street gdd. The project's four (4) main arches form one of these key elements. Other design elements that unify the project include the following: Extensive high quality treatment of ground floor public space, high quality building material (such as bdck facades), discrete separation of private residential spaces (to the rear and upper levels of the project), articulated building bases with store fronts, pilasters, cornices, and arcades. The public space would be easily accessible and open year round. Internal public space in the form of a spacious plaza organizes and unifies the northern block and provides the essential public connection to Ocean Avenue. In fact, the public plaza is proposed at [2,500 square feet in area. A central fea~re o~ the public plaza is a water fountain. Its placement would be used as a flocaJ point, although subtly, it provides relief and balance to the hardscape and landscape elements of the plaza. The project can be described as classic "mainstreet" architecture that reflects a composition of styles, ultimately creating an "urban" sense of pJace. The proposed building materials would be a combination of brick, stucco, glass, and ironwork. These, according to the applicant, were selected to reinforce the diversity of texture element common at a "mainstreet". However, the elevations do not indicate the paint manufacturer's name or color code. This information must be included on the elevations prior to the issuance of a building permit (see Exhibit "C" - Conditions of Approval). The applicant intends to use the same freestanding outdoor lighting fixtures that the City installed along the sidewalk on Ocean Avenue. The project would contain a combination of black poles / lamps within the project interior and teal poles / lamps along Federal Highway and Ocean Avenue (see Exhibit "D" - SA Light Pole Detail). Signage: No project signage is proposed with this submittal. All proposed signage must be reviewed and approved by the CRA Board and the City Commission. Staff recommends utilizing a sign program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "C" - Conditions of Approval). RECOMMENDATZQN: The Technical Review Committee ('I'~C) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon the approval of the concurrent rezoning application, successful abandonment of the alley, and all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Sharecl\Wl~\Pro]ects~ARCHES ~ BI3\NWSP 03-002\SI:afl' Reoort~rt~' Location Map EXHIBIT"A" The Arches at Boynton Beach I-'U ' ~ ~ : CBD EXHIBIT 'B' ' __.- =_ .. i J-~ ql" : "' .- '-'" !: ' ~ '" " : : : , :/., ;-':r: f I il' ill _ .'~ ,,, :~t~t~ ,' ... / · :l ,: ': ; illll~il:i! : . lllillJ:llJl J .:"tt :J ll [ Il J.''l I [~I .,.:It i,-i, i:: : ::-:' :r :, l:. :: Ii:- ] ' -'- .J, l~Jjl llllil ]': I h :i :f i. I:, ~:l]'[: ~:- :,i- ::;t:: -i: :..; i, :.' j:: il! !l :Jl~ ~,:,i: II: : :: il :i :i,t :'1 ; iii:, ' , 'r.i': '-, ,: ' :, ' i' ".:":::" -- , -, ....... , ! , ' : ~ l~ ''"".JJl.. ,, . ! '~a"ii ]JE T'I'tEARCHESATmYNTONSEACH i~~I~05 i, i ~ ::I' :ii --- . ,--.--,-.-.---- ~ EXHIBIT 'B' ~ ~ '. ... ---- d WATER AND SEWE~ P'~N , '0 ......... ...... :'~ - -- -. EXHIBIT 'B' EXHIBIT 'B' -.' ...,~;f...- ,.% ~.~=.. .,. , ~ ?~. ~t , -=-~:~ r'- ........... ' - .~i_~:~ ~.. ; ~ <., , .,,,... .,,,-,.,~, ....~--,..,.., · I ~, ~:' -": , -'-~ -'; ' -I ' · ':.-~. -- i .: ..: 'i "' "~ ~,f~-'- ' "' I ..:: ' I~.' · -- I ,i [ I I · I I .,~,,: I ! %. 0 ~: "i"-~'-".,-. !, IZ~ ' " ~ -. , .~., ....r..~,.., EXHIBIT 'B' EXHIBIT 'B' EXHIBIT 'B' EXHIBIT 'B' il' o ~ ,"~ ~.~,.":~:'.~ .:'., /; ~'~" ' ' ~,-'.~, $ EXHIBIT 'B' . ,,mm 3 EXHIBIT 'B' ' ~,,' EXHIBIT "C" Conditions of ApProval Project name: The Arches File number: N'WSP 03-002 Reference: 2ad review pD~ns identified as a New Site Plan with an Apml 22, 2003 Plarming & Zoning Division date stamp marking. DEPARTMENTS IIN'CLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied bl/Public Works. PUBLIC WORKS- Traffic Comments: 2. Provide "2 Hr Parking - 8:30 A.M. to 5:30 P.M." signs along Ocean Avenue, X SE tat Avenue, SE 2nd Avenue, and SE 4th Street, at approximate I00 feet spacing. 3. Add "No Parking" signs along Federal Highway. X UTILITIES Comments: 4. All uulity easements shall be shown on the site plan, landscape plan, and X water and sewer plans. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside the easement to ensure that the roots and branches will not impact those utilities within the easement in the foreseeable future. According to Chapter 7.$, Article I, Section 18.1, the public utilities has 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 the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is ~reater (see CODE, Section 6. The CODE, Section 26-340E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Deparlrnent application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Conditions of Approval DEPARTMENTS I II',ICLUD E R.EJECT ?. The LDR., Chapter 3, Article IV, Section 3.P requires a statement be included X that (all other) utilities are available and will be provided by the appropriate a~encies. This staiement is lackin~ on the submitted plans. FIRE Comments: 8. Design documents shall dernons~'ate compliance with LDP, Chapter 6, X Section 16, which provides requirements for hydrants. In addition to domestic r?.'..'~irements at a residual pressure of not less than 20 psi, a fire flow of at k. ' '..0 gpm is required. 9. Design docu::: :~ts where under,round water mains and hydrants are to be X provided, must ~.~mortslrate tha~ they will be installed, completed, and in service prior to consmiction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 10. High-dsc buildings shall be protected throughout by a Class I standpipe X system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2. l 1. Class l, Type 60, standby power in accordance with FCF"PA 70, National X £lectrical Code, and H'FPA l I0, Standard y~or Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4..2. POLICE Co~en~: None X ENGINEERING DMSION Comments: 12. It may be necessary to replace or relocate large canopy trees adjacent to light X fixt'ures to eliminate future shadowing on the parking surface (LDP,, Chapter 23, Article H, Section A. 1.b). 13. A new SFWMD permit or a modification to the existin$ permit will be X required for the proposed tie-in to the s~onn sewer s~tem in SE 1st Ave ... 14. Stormwater connection fees (Fee-In-Lieu-of Capital Improvement. s) will be X calculated and assessed after the SFWMD permit and stormwater connection issues are reconciled. 15. Provide an engineer's certification on the Drainage Plan as specified in LDR, X Chapter 4, Section 7.F.2. DEPARTMENTS 2qCLUDE KEJ'ECT 16. Full drainage plans in accordance W~th the LDR, Chapter 6, Article W, X Section 5 will be required at the time of perrmtting. Additional comments and corrections to this plan may be generated at that time. BUILDING DIVISION Comments: 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for each building. Verify that the proposed elevation is m compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest lO0-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) From the FIKM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base 1 flood elevation. It' there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans). t 8. On the drawing titled site plan, identify and label the symbol that represents X the property line. 19. At time of permit review, provide a completed and executed City of Boynton X Beach Unity of Title form. The form shall d~scrib¢ all lots, parcels or tracts combined as one lot. A copy of the recorded deed w~th legal descriptions, of each property that is being unifi~l, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 20. At time of p~rmit review, submit signed and sealed working drawings of the X proposed construction. 21. Add to each building that is depicted on the site plan drawing a labeled X symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same units on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, 24 CFK 100.205). Conditions of Approval DEPARTMENTS 12qCLUDE REJECT 22. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed w~th the subject request. 2'3. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFR 100.205, Section 3, Requirement ~6. All bathrooms within the covered dwellin~ unit shall comply 24. All bathrooms in the covered dwelling unit shall comply with the provisions X of the Federal Fair Housing Act 24 CFR 100.205 (C)(3)(IV), Requirement #7 (2), Paragraph (A) or (B). Clear floor space shall be provided at fixtures to allow a person tn a wheelchair or other mobility aid the use of the fixtures. Clear floor space shall be shown on the plans and designate which design option of reqmrem~,~. ~? .~.i x, or B) is being used. PARKS AND RECREATION Co_~ents: None X FORESTER/ENVIRONMENTALIST X Confluents: None PLANNING AND ZONING 25. Approval of this project is contingent upon the approval of the corresponding X request to ~¢zone from CBD to MU-H (LUAR 03-003). 26. Approval of this project is contingent upon the approval of the corresponding X request to abandon the Southeast 1~ Street alley (A.BAN 03-002). If the abandum~ient is unsuccessftll, modi~ site plan accordingly. 27. All proposed uses must be consistent with the MU-H zoning district identified X in Table 6F-I in Chapter 2, Section 5.F.4 of the Land Development Regulations. 28. The proposed building areas must match between the traffic study and the site X plan. Prior to the issuance of the first building permit, the Palm Beach County Traffic Division must approve the traffic study. 29. A uniW of title will be re uke~or to the issuance of a build~_t.p_ermit- X 30. The drainage statement is required prior to the issuance of a building permit X ___.(_~pter 4, Section 7.F.2.). ------------ 3 l. The average area of all residential units must not be below 1000 square feet X (Chapter 2, Section 6.F.$). On the site plan (sheet 3 of 6), indicate the avera · size of all the units to ensure co liance with the Land Develo ment ~_~.--~ DEPARTMENTS INCLUDE R.EJECT Regulations. 32. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the note for X Building "E" to indicate that the parking garage will be nine (9) stones tall (ground floor through 8~ floor will be for parking, the 9~' floor will be for the recreation area). 33. The site plan (sheet 3 of 6 prepared by Shah Drotos) indicates that all of X Building "D' will be eight (8)-stories tall. However, the elevations and floor plans show the eastern portion of Building "D' will be only four (4)-stories tall. Revise the site plan (sheet 3 of 6) so that it accurately corresponds to the floor plans and elevations. 34. On the site plan (sheet 3 of (5 prepared by Shah Drotos), correct the reouired X number of parking spaces from 749 spaces to 750 spaces. Also, correct the number of provided parking spaces: (718 spaces in garage plus 35 surface parkin~ spaces equals 753 parlcin~ spaces). 35. On the site plan (sheet 3 of 6 prepared by Shah Drotos), elimi~te the X handicap parking spaces shown within the valet area on the north S~de of Southeast I~ Avenue. No parkin[~ may occur in this valet area. 36. Correct the number of provided parking spaces in the "garage summary" on X the First Floor Plan (prepared by Looney Ricks Kiss). Ensure that the parking summary on the plans prepared by Looney Ricks Kiss is consistent with the site Dian (sheet 3 of 5 prepared by Shah Drotos). 37. Show the 88" parking space on the "Eighth Floor Plan" of the parking garage X (prepared by Looney Ricks Kiss). 38. On the west elevation of the parking garage (prepared by Looney Ricks Kiss), X indicate by note that the 9~ floor will be the "Pool Deck / Garate Roof". 39. On the site plan (sheet 3 of 6 prepared by Shah Drotos) tabular data, revise X the note that currently reads, "OFFSITE PARKING PROVIDED (NOT COUNTED IN REQUIRED SPACES) to read the following: OFF-SITE PARKING (NOT INCLUDED IN PROVIDED SPACES) 40. Place a note on the site plan (sheet 3 of 6 prepared by Shah Drotos), that X based on the parking methodology used, the total number of seats for all restaurants shall not exceed 50 seats. Any additional seats Wall affect the required number of parking spaces and may cause the project to fall below the development standard. 41. As presented, the project will be limited to 20,652 square feet of gross X leasable (net) retail area and 15,'!?.'!. square feet of gross leasable (net) office area (Chapter 2, Section 11.H.d.(2)). Any increase in leasable area will affect the required number of parkin$ spaces and may cause the project to fall below the development standard. 42. The number of dwelling units / unit t~e mix should match between the floor X Condition~ of Approval DEPARTMENTS INCLUDE REJECT plans (prepared by Looney Ricks Kiss) and the site plan tabular data (sheet 3 of 6 prepared by Shah Drotos). 43. The removal / relocation of trees is subject to review and approval by the City X Forester / Environmentalist. 4~. On the landscape plan, ensure that the landscape species and quantities match X between the landscape plan and graphic illustration. 45. Revise the Shared Parking Table on the "Site / Project Data" sheet prepared X by Looney Ricks Kiss. Based upon the proposed uses and their respective intensities, the Shared Parking Table should read as follows: Week, day Weekend Daytime Evening Daytime Evening Nighttime Office 78 8 8 4 4 Remil 78 78 104 73 6 Lodgm$ ' Restaurant - 63 126 126 126 13 . 'Entertainment - Rcsid~t~al 308 512 512 512 5 I2 Total 527 724 750 715 53 ~..~.._ The number of required parking spaces shown in the above Shared Parking Table may be subject to change due to unforeseen revisions made to the plans during the permitting process. Also, the Table is subject to change without Board or City Commission action if the project demands less required parking due to decreased intensities (i.e. reduced office area, reduced number of dwelling units). However, if the intensities further increase and cause the project to become deficient in parking, any request to pay a "fee in lieu" of (providing additional parking spaces) shall be subject to the Community Redevelopment Agency and City Commission review and 46. The elevations must indicate thc proposed paint manufacturer's name and X color code prior to the issuance of a building permit. Staff recommends consistencT_between the colored drawingand the elevations. 47. All project signage is subject to review and approval of the Community X Redevelopment Agency and City Commission. Staff recommends submitting 48. Staff recommends that the applicant should coordinate with Palm Tran for an X upgraded bus-stop facility. Please contact Mr. Gerry Oawaldo, a planner with the Palm Tran Department's Development Review Committee at (561) 841- 4246. DEPARTMENTS l~CL~E REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: ~ 49. The applicant and staff will work together to ensure that the proposed X awnings and landscaping do not conflict with each. 50. Ensure that any awnings proposed in rights-of-way are properly X permitted and approved by appropriate agencies. 51. The planter boxes (west of proposed garage) shall contain Bougainvillea and X shall be irrigated. 52. The method of refuse collection (handling and storage) shall be re-evaluated X to confirm sufficiency and effectiveness. 53. Prior to the issuance of a building permit, the elevations shall indicate the J( proposed colors and remm to the CRA for a courtesy review. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 54. To be detem'dned. Sg,PIanninsxSHARED\WI:~PROJECTSkARCHES (~ BB\NWSP 03-002\COA.do¢ i. -~--_ ~: -,~ ,~' o,,. EXHIBIT "D' ,,~ ~EC~PTACLE ~NO ~,..< ~ ' '~ UGHTING CiRCUIt. 0RILL~NG HOLES ~ ~P[ 'SA' , ER MOUNT~I 1/2'PVC -- _ ~5" 0~A. · 8.C: ~2 ~/~ D~A. 'CAST ALU~NU~ 2~ 3/8" NOTE: ~ ~IS ANCHOR PLATE 28"X60" A 8OLF CIRCLE FR0U ~ANN[E SIN~ 8~N[R A~ ~ 13" DIA. mY ore,Rs) - ~c .~ POLE BASE 8ANN~ ARM ~ - CAST ALUMINUM I ~ CCLOR: C~ .~25 WA~ S061-~ S~UC~RAL. ~AOE ALU~NUM. (PO~ ~ED FOR ~N~ UNIT STAIN~SS S~ HOOK (~ALVANI~D) F1NISHED % ANO OFFSET ?T. GRAO[ -CURB 7'-0' V~ETICAL .1/4.' x tO'-O" gASE TYPICAL COPID['~ CL~O FOR ~.LL CROUN0 ROD POLE TYPE "SA" LIGHT POLE DETAIL~c.,L~ ,,,o.E (~ TYPE "SB' LPI I OU'IL DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME · The Arches APPLICANT'S AGENT: Nancy Graham - Urban Principles. LLC APPLICANT'S ADDRESS: 319 Clematis Street Suite 512 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2003 'T~'YPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a large scale mixed-use development LOCATION OF PROPERTY: Southwest comer of Ocean Avenue and Federal Highway DRAWING(S): SEE EXHIBIT 'B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which 8oard found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Comm~ 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 re, and conditions of this order. 7. Other DATED: s:~'"",'~'~E=w,~,,oJ~-rs~,:.~s · ss~s,~o.=,= City Clerk IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEAC ITEM A AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Datel _- m to Cit~ Clerk's Ot'fic~ Meetin~ Dates m to City Clerk's Office [] April l. 2003 March 17. 2003 (Noon.) [~ June 3. 2003 May 19. 2003 (Noon) [] April 15. 2003 March 31. 2003 (Noon) [] June 17. 2003 June 2. 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16. 2003 (Noon) _~ May 20, 2003 May 5. 2003 (Noon) [] July 15. 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business -22 AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ~: ~': ''~ [] Code Compliance/Legal Settlements ~ Unfinished Business RECOMMENDATION: Discussion of Marina Development Agreement per developer's request for dissolution .~.the'. Second Revised Development Agreement. EXPLANATION: The developer of the Manna project has requested that the City Commission consider rescind~e Manna development agreement. The agreement is the "Third Revised Development Agreement" which provided a tmae - extension to the "Second Revised Development Agreement," dated June 6, 2000. I am attaching the Second Revised Agreement as (Exhibit A) since it contains the substance of the agreement between the developer and the City. The request for release of the Agreement is contained in a letter from legal counsel for the developer dated April 9, 2003. (Erdubit B) In addition, the City has received a letter from legal counsel for Two George's Restaurant opposing the release of the Development Agreement at this trane. (Extubit C) The origmal development agreement, as amended called tbr 207 public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unrestricted parking spaces elsewhere on the Manna development property. Per the 1999 Amended Mediation Agreement, Two George's Restaurant was to provide off-site permanent parking for employees and to meet the parking requirement for the additional floor area of the restaurant provided in 2002. (Erdaibit D.) Per the latest site plan approved by the CILav'City Commission. the following parking ts provided on the site plan: Regular on grade surface parking: 15 Spaces Handicapped on grade surface: 4 Spaces Regular Parking Spaces in Deck 725 Spaces (includes parking for condos and commercial uses) Handicapped Parking in Deck 15 Spaces Townhouse Parking 22 Spaces (not approved yet) 781 Spaces In addition, there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Marina Drive/Casa Loma. These are "public access" spaces. PROGRAM IMPACT: None direct. However, there is a perceived lack of public access to the site because unrestricted public parking is not part of the approved site plan, to date. S:,,BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not known at this time but it should be noted that release of the Agreement will extinguish the City's security, interest in fhe property which was created to secure the value of the incentives the City provided to the developers. ALTERNATIVES: 1. Dissolve the Development Agreement per the request of the Marina Developer. 2. Refer the issue of parking matters and property owner association matters to staff for further mediation between the City, CRA, developer and business interests. The staff has conducted one meeting of the participants on May 13z. Department Head' s Signature ~amre Department Name City Attorney / Finance / Human Resources S:\BULLETINXFORMSLa, GENDA ITEM REQUEST FORM.DOC SECOND REVISED DEVELOPMENT AGREEMENT THIS AGREEMENT entered into as of the 6~ day of June, 2000, between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "CITY") and OCEAN BREEZE FESTIVAL PARK, INC., a Virginia corporation, (hereinafter "DEVELOPER"). WHEREAS, DEVELOPER owns 6.93 acres of property, more particularly described by the legal description attached hereto as Exhibit "A", located in the City's Community Redevelopment Area and the Central Business District, which Developer desires to develop as a unified mixed use project (hereinafter "PROJECT"); and WHEREAS, the DEVELOPER has heretofore entered into a Development Agreement, dated July 1, 1997; and WHEREAS, the July 1, 1997, Development Agreemer:t was amended by a First Amendment to Development Agreement, dated October 5, 1998, and a Revised Development Agreement was entered into dated October 13, 1999 (the "Previous Agreement"); and WHEREAS, the First Amendment to Development Agreement provided for phasing of the project; and WHEREAS, the Developer has submitte¢ a conditional use site plan application consolidating Phase One and Phase Two of the projec';; and WHEREAS, one of the conditions of approval adopted by the City Commission on February 16, 1999, was the consolidation of Conditions of Approval for Phase One and Phase Two with the terms and conditions of the Development Agreement and the First Amendment to the Development Agreement; and This instrument prepared by: James A. Cherof, City Attorney City of Boyn~on B~ach 100 East Boynton ~each Blva. Version 10.0 Boynton Beach, FL 33435 6/6/00 WHEREAS, the Developer seeks reasonable assurance from the City and the City desires to provide reasonable assurance to the Developer that if Developer acts in accordance with this Revised Development Agreement that Developer shall receive necessary development permits and establish entitlement to incentives approved by the City; and WHEREAS, the CITY and the DEVELOPER have negotiated for a package of economic incentives in accordance with the provisions of CITY Ordinance 96-46 which authorizes economic incentives to eligible businesses located in the community redevelopmer.. -ea for qualified projects; and NOW "~:REFORE,,,, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. RECITALS. A. The foregoing recitals are true and correct and they are incorporated into this Agreement by this reference. B. DEVELOPER and CITY represent to each other that the foregoing recitals are material in nature and are relied upon by each other for the purposes of entering into this Agreement. C. Each party has fully investigated the facts which underlie the representations. Each party represents to the other that it will fully cooperate with the other to implement the terms and conditions of this Agreement. 2. COLLATERAL DOCUMENTS. A. The following exhibits are collateral documents to this Agreement and are hereby deemed part of this Agreement: 2 Version 10.0 6/6/00 Exhibit A- Legal Description, Project (unchanged, See Exhibit A to Previous Agreement). Exhibit B- Conditional Use Site Plan - dated 12.07.98 with revisions through Revision 6, dated 8/10100. Exhibit C- Legal and Equitable Owners (unchanged, See Exhibit C to Previous Agreement). Exhibit D- Public Facilities (unchanged, See Exhibit D to Previous Agreement). Exhibit E- Reservations and Dedications (unchanged, See Exhibit E to Previous Agreement). Exhibit F - Intentionally left blank. Exhibit G - Intentionally left blank. Exhibit H- Conditions of Approval (unchanged, See Exhibit H to Previous Agreement). Exhibit I - Intentionally left blank. Exhibit J - Intentionally left blank. Exhibit K - Intentionally left blank. Exhibit L- Casa Loma Ovedook Construction and Use Detail (unchanged, See Exhibit L to Previous Agreement). B. In the event of any conflict between the terms and conditions of this Agreement and any of the collateral documents, the terms and conditions as set forth in this Agreement shall control and the collateral document will be conformed to this Agreement to eliminate such conflict. 3 Version 10.0 6/6/00 3. INTENT. A. It is the intent of the DEVELOPER and the CITY that this Revised Development Agreement sets forth all the terms and conditions under which the CITY has approved or agrees to approve the PROJECT as a single unified development and granting incentives sought by DEVELOPER and offered by the CITY. B. The parties agree that this Agreement is not a developer's agreement entered into pursuant to Section 163.3220-163.3243, Florida Statutes. C. This Second Revised Development Agreement supercedes and replaces the Development Agreement, which was recorded in ORB 10899, pages 1772 - 1828 of the Public Records of Palm Beach County, Flodda, the First Amendment to the Development Agreement which was recorded in ORB 10899, pages 1829 - 1847 of the Public Records of Palm Beach County, Florida, and the Revised Development Agreement, which was recorded in ORB 11449, pages 152-209. 4. COVENANTS RUNNING WITH THE PROPERTY. It is the intent of the parties that the DEVELOPER'S obligations as set forth in this Agreement shall be deemed to be covenants running with the land. 5. LEGAL DESCRIPTION OF PROPERTY. The legal description of the property is as set forth on Exhibit "A". 6. LEGAL AND EQUITABLE OWNERS. DEVELOPER represents that legal title and/or equitable title of the property is currently vested in those individuals, companies, partnerships, limited partnerships, or other entities as set forth on Exhibit "C". 7. EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. 8. DURATION. The duration of this Agreement shall run until the eadier of: 4 Version lO.O 6/6/00 (a) completion of all of the improvements depicted on the Site Plan; or (b) DEVELOPER giving written notice to the CITY of abandonment of the SITE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROJECT, approved by the CITY, shall not be deemed an abandonment. 9. DEVELOPMENT USES. A. The following uses have been approved by the City Commission: 1. 29,302 square feet of two-story office/retail floor area. 2. Two public restaurants with a combined area of 12,830 square feet. 3. Fuel sales. 4 38 Marina slips, 2 of which shall be designated for the exclusive use of the City of Boynton Beach for Police/Marine Patrol purposes. 5. A multi-unit residential apartment building of 8 stodes or less, not to exceed 100 feet in height and no more than 229 residential units. 6. A parking garage. 7. DEVELOPER shall provide a minimum of 505 parking spaces, 207~ of which must be open and unreserved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6u~ Street. The City is granting to the Developer the use of these 59 public spaces as credit toward his obligation of 207). Nothing herein shall prohibit the City from metering or providing time restrictions on those parking spaces located on City right-of-way, or from entering into an Agreement with At the August 3, 1999 City Commission meeting, pursuant to LDR. Chapter. 2 Zoning, D.4.d.(2) the City Commission reduced the required public parking spaces to 207. 5 Version 10.0 6/6/00 DEVELOPER to meter or restrict those public use spaces located on DEVELOPERS' property. B. It is agreed that the issuance of development orders for the site work and permits for construction of the buildings and structures depicted on the SITE PLAN are subject to certain Conditions as set forth in this Agreement. DEVELOPER shall complete all Phase I construction improvements depicted on the SITE PLAN (meaning all "backbone infrastructure" as defined in Section 13D of this Agreement, the Marina Improvements, the retail shells, and restaurant #1 shell) on or before January 1, 2002. If DEVELOPER completes -~, !=hase: improvements prior to January 1, 2002, the CITY'S lien (or other means of security) of $770,328.00 shall be reduced to $192,582.00, which shall be held until all improvements depicted on the site plan are completed, less and except certificates of occupancy for the interior of the buildings. Failure to complete the entire Project on or before January 1, 2003, shall result in forfeiture of the incentives granted by the City. If the Developer fails to reimburse the City for incentives within ninety (90) days of notice of default, the City may foreclose the lien or declare default and call the bond or letter of credit, referred to in paragraph 17 N. hereof. C. Prior to and as a condition of issuance of final release of the City's incentives lien (or other security), DEVELOPER shall file with the CITY a revised SITE PLAN, depicting all improvements to the PROPERTY, as built. D. Notwithstanding anything to the cOntrary contained in this Agreement and only when all code requirements are met: (i) Developer shall be issued Certificates of Occupancy for the docks and fuel pumps upon completion of those improvements provided that the utilities to 6 Version 10.0 6/6/00 service the docks and pumps has been completed and approved and fire/rescue vehicles have access to the dock/fuel pump area, (ii) Developer shall be issued Certificates of Occupancy in the residential structure on a floor by floor basis when those floors have passed all inspections and provided all backbone infrastructure, and the parking garage are complete, and (iii) Separate Certificates of Occupancy shall be issued upon completion of each individual restaurant and retail space, provided the restaurant or space has passed all inspections and all backbone infrastructure is complete. 10. PUBLIC FACILITIES. A description of the public facilities which will service the PROJECT are as set forth on Exhibit "D". Exhibit "D" is not intended to limit or exclude customary municipal services or facilities that the CITY currently provides to projects of this nature. 11. RESERVATIONS AND DEDICATIONS. The DEVELOPER shall grant or convey to the CITY a portion of the property for public purposes. A schedule of reservations and dedications is attached hereto as Exhibit "E". The granting or conveyance of the reservations and dedications referenced herein shall not necessitate the replatting of the property. 12. CASA LOMA BOULEVARD. A. The CITY agrees to abandon Casa Loma Boulevard as a public right of way, and the document reflecting the abandonment shall be held in escrow pending the payment to the DEVELOPER referenced in Paragraph 12E below. The DEVELOPER shall grant to the public the non-exclusive right of ingress and egress over that portion of Casa Loma 7 Version 10.0 6/6/00 Boulevard which it shall own subject to the dght to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those improvements to Casa Loma Boulevard as depicted on the SITE PLAN by May 7, 2001. In addition to the improvements shown on the Site Plan, DEVELOPER shall construct a sea wall along the eastern terminus of the Casa Loma Boulevard right-of-way. All improvements shall thereafter be maintained by DEVELOPER or by a merchants' or property owners' association formed by DEVELOPER for the purpose of insuring continued maintenance of the improvements, or by a Cross-Ea.~ ~ :~ent Agreement with the property owner to the South. DEVELOPER'S obligation to maintain the improvements shall survive the duration of this AGREEMENT. C. Failure to maintain the dumpster improvements depicted on the Site Plan shall result in revocation of the occupational license of any business dependent on the dumpsters for waste disposal. No occupational license shall be revoked without the City first providing the owner and occupant of the business with ninety (90) days written notice of deficiency and opportunity to cure. D. In exchange for the improvements to Casa Loma Boulevard, the DEVELOPER shall be entitled to a credit for all parking spaces constructed in the Casa Loma and Orange Avenue rights of way to parking spaces required for the PROJECT by the CITY'S Land Development Regulations. E. DEVELOPER shall improve the eastern most portion of Casa Loma Boulevard as depicted on the SITE PLAN and the Casa Loma Overlook Construction and Use Detail. The Overlook is that portion of Casa Loma east of the cul-de-sac. Within thirty (30) days of DEVELOPER'S engineer certifying to the CITY the design and construction 8 Version 10.0 6/6/00 costs of the Casa Loma Overlook improvements, the CITY shall bill the property owner whose property abuts the southern one-half of Casa Loma Boulevard east of the cul de sac for an amount equal to fifty (50%) percent of the cost of construction of the above-ground improvements depicted on the Casa Loma Overlook Construction and Use Detail, including pavers, landscaping and lighting, plus such owner shall pay $9,129.00 towards the seawall, within thirty (30) days of receipt of a certified engineering estimate, and such amounts shall be paid to DEVELOPER by CITY upon completion of such improvements. This bill must be paid by such owner to DEVELOPER prior to the CITY attorney's release from escrow of the document abandoning Casa Loma Boulevard. The purpose of this procedure is to ensure that DEVELOPER receives reimbursement for expenditures made to improve the Casa Loma Overlook portion of the project, and both DEVELOPER and such property owner must instruct the CiTY attorney to release such document. 13. LOCAL DEVELOPMENT PERMITS. A. Construction of the PROJECT is contingent upon the DEVELOPER applying for and obtaining all development and/or construction permits required by the CITY or any other regulatory agency. B. The CITY agrees to process, without unnecessary delay, its permits and applications and cooperate in good faith with DEVELOPER'S efforts to get permits, licenses, and agreements from other regulatory agencies and utility companies. C. The failure of this Agreement to specifically address a particular permit, condition, term, or restriction shall not relieve the DEVELOPER of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction, unless such necessity is negated by waiver by the CITY. 9 Version 10.0 6/6/00 D. A revised Site Plan was approved by the City Commission as part of conditional use approval consolidating both Phase One and Phase Two. The project is one unified development project. The structures depicted on the Site Plan may be constructed in phases, provided that all infrastructure improvements necessary for the entire project must be completed before the first Certificate of Occupancy is issued, regardless of bonding or other surety except for the docks and fuel pumps which are dealt with in paragraph 9.D.(I). For this purpose, infrastructure shall be limited to potable water, sanitary sewer, drainage, and a second paved access road which is the extension of Boynton Beach Boulevard, the failure to provide shall not hold up any permits or certificates of occupancy purs~,~,,nt to Paragraph 17. G. 6. 14. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is consistent With the CITY's Comprehensive Plan and that no Comprehensive Plan amendment is necessary to effectuate this Agreement. 15. CONTROLLING REGULATIONS. The site development work and construction of buildings and improvements of the PROJECT shall be in accordance with the CiTY's Land Development Regulations and applicable building codes. Nothing herein shall be construed as a waiver by the CITY and in favor of the DEVELOPER with respect to any of the conditions set forth in the building codes or relating to the method of construction. 16. CONDITIONS OF DEVELOPMENT. A. The conditions of approval set forth in Exhibit "H" are conditions to the issuance of site preparation and building permits for DEVELOPER'S PROJECT and are necessary for the public health, safety, and welfare of the citizens of the CITY. 10 Version 10.0 6/6/00 The parties acknowledge that a number of the conditions set forth on Exhibit "H" require additions, deletions or modifications to the SITE PLAN. B. Nothing herein shall mandate the passage of such ordinance nor require that any Commissioner be required to vote in favor of such ordinance if he or she determines that such ordinance is not in the best interest of the CITY. C. No waiver of a condition shall be effective until the condition is complied with, waived, or eliminated by Code amendment. Application for the waiver of a condition may be made by DEVELOPER or by the CITY's Administrative staff. The City administrative staff shall maintain a list of conditions, kept current, and notated such that it can be determined whether the condition has been complied with, waived, or eliminated by Code amendment. 17. ECONOMIC INCENTIVES. A. The parties agree that DEVELOPER is an "eligible business" as that term is defined in CITY Ordinance 96-46. B. This Agreement, when signed by DEVELOPER shall constitute an application by the DEVELOPER for the granting of economic incentives in the manner prescribed by Ordinance 96-46. C. The CiTY Manager has reviewed the application and has determined that the economic development incentives hereinafter set forth are necessary and appropriate. D. The CiTY will appropriate or designate sufficient funds for the CITY to pay the cost of such incentives. E. Approval of this Agreement shall constitute approval by the CITY Commission of the DEVELOPER'S application for economic incentives. 11 Version l 0.0 6/6/00 F. The incentives listed below shall be deemed vested with the DEVELOPER, subject only to forfeiture in the event of a default by the DEVELOPER as set forth in this Agreement. G. The following listed incentives are granted by the City. All work preceded by the symbol (*) is Work that shall be performed by or under the direction of the City. All additional work not so noted, shall be performed by or under the direction of the Developer. The parties shall coordinate all work listed herein. The parties shall hold a scheduling conference within 90 days of the date of this agreement and thereafter as necessary to facilitate the work. 1. S~_ ..,r~ AND WATER IMPACT FEES AND CONNECTION EXPENSES MAXIMUM VALUE Retail Commercial $13,812 Restaurant $53,781 Marine $27,438 Meters, Deposits and Connection Fees $7,175 Sub-total $102,206 2. OFF-SITE WATER AND SEWER *8 inch water main in Casa Loma $16,148 *Wet taps for connection to existing $6,900 *Water service to property line $8,625 *8 inch gravity sewer in Casa Loma Blvd. $43,125 *Service connections to property line $34,500 *Manholes $11,500 12 Version lO.O 6/6/0O Sub-total $120,798 3. ON-SITE WATER AND SEWER 10-inch water main $13,800 Fire Hydrants $10,350 8-inch water main $3,519 8-inch water main $13,350 *24-inch gravity sewer $139,150 *Manholes $23,000 *Abandon existing sewer in place $5,000 Sub-total $208,169 4. BUILDING FEES $240,000 The CITY shall fund on behalf of DEVELOPER the payment of building permit fees, including impact fees, to the City, the County, and the State, up to a maximum of $240,000.00, for the construction of improvements depicted on the SITE PLAN and within the boundaries of he legal description set forth on Exhibit "A" to this Agreement. 5. INTERIM SERVICE FEE.' $19,655 The CITY shall fund the payment of CITY interim service fees up to a maximum of $19,655.00 otherwise applicable to the PROJECT. *At the time of this Agreement, the City has temporarily suspended collection of Interim Service Fees. 6. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 13 Version 10.0 6/6/00 It is the intent of the parties to work jointly to extend Boynton Beach Boulevard eastward from its current point of terminus to the point that it intersects the western most boundary of DEVELOPER'S property. The project to extend Boynton Beach Boulevard has three components: A. Acquisition of the necessary right-of-way, B. Approval of the extension by the Florida Department of Transportation; and C. Construction of the extension. ihe CITY'S obligations are as follows: 1. To obtain the approval of the Florida Department of Transportation for the extension, 2. To acquire the right-of-way for the Boynton Beach Extension to the west end of DEVELOPERS property. The City shall have eighteen (18) months from the date of the Agreement to obtain title. The CITY shall use, if necessary, its power of eminent domain. The CITY'S monetary obligation to acquire the right-of-way shall not exceed $75,000.00. The DEVELOPER'S obligations are as follows: 1. To convey to the CiTY its interest in property within the right-of-way, 2. To contribute up to $10,000 to the cost of acquisition of the right-of-way; 14 Version 10.0 6/6/OO 3. To construct, at its cost, the right-of-way as shown on the approved site plan. In the event the monetary obligations set forth above are insufficient to fund the acquisition of the right-of-way, the CITY and the DEVELOPER shall have the option,:but not the obligation, to fund any shortfall. In the event the CITY or the DEVELOPER does not fund a shortfall, or if the right-of-way cannot otherwise be obtained, such refusal or failure shall not impede the issuance of any permits, CO's or other governmental approvals required by the CITY for the project, and the condition of approval requiring access to the Project from the Boynton Beach Boulevard Extension or a second access shall be deemed withdrawn. 7. 'ADMINISTRATIVE FEES. $4,500 The CITY shall fund payment of application fees for administrative review for the PROJECT up to a maximum of $4,500.00. TOTAL: 770,328 H. Incentives in the form of fees and connection expenses shall be paid by the CITY directly to the permitting authority, when due. 1. Incentives in the form of reimbursement to the DEVELOPER shall be paid to DEVELOPER when DEVELOPER submits a draw request to CITY Manager indicating that the DEVELOPER has expended fund to complete the improvement which is the subject of the incentive. J. The dollar amount indicated for each incentive constructed by the CITY or directly funded by the CITY is "the not to exceed values" fixed by the CITY as the 15 Version t0.0 6/6/00 maximum expenditure approved by the CITY. These incentives shall be paid or credited at actual cost. Incentives in the nature of reimbursement to the DEVELOPER for work performed by the DEVELOPER, as notated above are true values and shall be paid by the CITY without the value being certified or audited. K. The CITY represents and warrants that no further approvals or consents are required and that subject to the conditions of this Agreement the obligation of the CITY to provide the economic incentives is valid and may be relied upon by DEVELOPER. L. The economic incentives hereby approved by the CITY are conditioned upon construction of the PROJECT in accordance with the SITE PLAN, to the extent set forth in this Agreeme:' .. M. Nothing herein shall be construed to constitute a waiver of any impact fee, in whole or in part, for purposes of municipal accounting, but to the extent that impact fees constitute incentives under this Agreement, they shall be paid by the CITY on behalf of the DEVELOPER, and not by DEVELOPER. N. DEVELOPER grants to CITY a lien on the property described on Exhibit "A" in an amount equal to the value of all incentives granted by the CITY. Said lien shall not be subordinated to any other encumbrance and shall not be released by the CITY until the entire PROJECT has been issued certificates of occupancy. The DEVELOPER may bond off the City's lien by substituting performance bond, letter of credit, or other means of surety, the form and substance subject to approval by the City Attorney and in the amount of $770,328.00. The CITY'S lien, and its right to foreclose same, shall survive beyond the duration of this Agreement. 16 Version lO.O 6/6/00 18. RECORDING. Upon execution of this revised Development Agreement the CITY will record same in the Public Records of Palm Beach County, Florida. As requested by the DEVELOPER, CITY shall provide recordable estoppel certificates as to the status of this Agreement, DEVELOPER'S rights under this Agreement, and DEVELOPER'S rights to proceed with the PROJECT. 19. DUE DILIGENCE. A. The parties hereto agree and covenant that they shall immediately, following the effective date of this Agreement, commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throu'ghout the existence of this Agreement. B. In the event either party is deemed by the other not to be proceeding with due diligence, the party alleging such lack of due diligence shall give writter~ notice and the alleged guilty party shall promptly take reasonable corrective action. C. Any time deadlines imposed upon DEVELOPER in this Agreement (including Paragraph 18) shall be subject to reasonable extensions for unexpected reasons or reasons beyond DEVELOPER'S reasonable control such as labor shortages, material shortages, casualty damage, moratorium, unexpected government delay, act of war, civil disobedience, lack of CITY services or facilities, concurrency and the like. 20. RESTRICTIVE COVENANTS. The burdens of the development shall be binding upon, and the benefits of said Agreement shall inure to, all successors in interests of the parties to this Agreement, including heirs and assigns. 21. ENTIRE AGREEMENT. This Agreement, together with the collateral documents referenced in paragraph 2.A. hereto, sets forth all of the promises, covenants, 17 Version 10.0 6/6/00 agreements, conditions and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. 22. SEVERABILITY AND REMEDIES. A. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement except that if any provision which is invalid prevents the CITY from approving the PROJECT, issuing permits or Certificate of Occupancy or prevents DEVELOPER from receiving all economic incentives, DEVELOPER may elect to rescind this Agreement. B. In the event this Agreement is terminated by reason of the matedal failure of the DEVELOPER to timely perform the terms and conditions set forth herein, the CITY shall have the right to refuse to issue building permits or other development approvals for the property. C. Notwithstanding the foregoing each party shall be entitled to pursue all other remedies provided by law, now or hereinafter existing. 23. NOTICES. Upon further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, certified mail, or return receipt requested, or telegram, and shall be mailed or delivered as follows: AS TO THE CITY: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 With a Copy to: James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 18 Version 10.0 6/6/00 Fort Lauderdale, FL 33308 AS TO DEVELOPER: Ocean Breeze Festival Park, Inc. 1120 Laskin Road Virginia Beach, VA 23451 With a Copy to: David M. Layman, Esquire Greenberg Traurig 777 South Flagler Drive Suite 300 East West Palm Beach, FL 33401 24. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Palm Beach County, Flodda. 25. BINDING EFFECT. The obligations imposed pursuant to this Agreement upon the DEVELOPER and/or upon the property shall run with and bind the property as covenants running with the property and this Agreement shall be bindir~g upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees, assigns, and a copy of this Agreement shall be recorded among the Public Records of Palm Beach County, Florida, upon execution of this Agreement. 26. ATTORNEYS' FEES. Should either party hereto bdng an action against the other to enforce the terms and provisions hereof, then the party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys' fees and costs. 27. LAWS OF FLORIDA. This Agreement shall be governed by the laws of the State of Florida and it shall become effective immediately upon execution by both parties 19 Version lO.O 6/6/00 hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions for the rendering of service as set forth in this Agreement (including the obtaining of necessary easements). 28. ASSIGNMENT. Without consent of the CITY, DEVELOPER may assign this Agreement and/or rights hereunder, including the incentives granted by the CITY. 29. PROJECT EXPANSION. Nothing herein shall prevent DEVELOPER from seeking a modificstion of the SITE PLAN, subject to CITY approval. 30. SITE PLo. ~ACKAGE. See Conditions of Approval. 31. A. Developer intends to obtain mortgage financing for the PROJECT from one or more lenders (collectively, the "Lender"). Developer shall provide wdtten notice to the City of the name, mailing address, and designated representative of each lender. B. CITY agrees: 1. that the Developer's rights under the Agreement may be assigned to the Lender without City's consent, but with notice to the City; 2. that should Lender or other third party acquire title to the Project or portion thereof as a result of foreclosure sale or deed in lieu thereof (the "Successor Owner"), such Successor Owner shall succeed to the rights of Developer under this Agreement; 3. that City agrees to give to any Lender which has notified City in writing as to its interest in the Project, written notice of any default by Developer under this Agreement with Lender having the dght to cure such default within a curative period reasonable under the circumstances then existing; and (iv) 20 Version l 0.0 6/6/00 that this Agreement cannot be terminated, abandoned, modified or amended without notice to Lender's. C. Nothing herein shall limit the City's power to terminate this Agreement if there has been a default by Developer and if the lender has been given notice of said default and has failed to cure the ~efault within the curative period referenced above. 21 Version 10.0 6/6/00 ATTEST: ~Y" -::-',.."o ~.CITY "Cite'Clerk ': · : /.o..~zce Mayor Ronald Wezland STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and ta~ ~cknowledgments,~ersonaily a. ppeared Ronald Weiland, . Vice ~ayor of the City of Boy~ ' ~ Beach and ~./'"~ ' the City Clerk known to me to '~ the persons described iff and~who executed the foregoing instrument, who acknowlec. ~ before me that they executed the same, ,X/ are personally known to me (or produceo the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid thiso~/~ day of ~l]~o_z,~l~ ,2000. NOTARY PUBLIC My Commission Expires: C£:y Atrophy 22 Version lO.O 6/6/00 Witnesses: OCEAN BREEZE FESTIVAL PARK, INC. STATE OF ~A ) COUNTY OF IaAg. M-BEA'~H ) I HEREBY. CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared F-r)~,/~O (,~w~,~ known to me to be the person described in and who ~xecuted the foregoing instrument, who acknowledged before me that he executed the same, is personally known to me (or produced the following type identification:) ° and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid th!.s NOTAI::~PUBLIC ' -' -. ..-' 23 Versio~ ZO. 0 6/6/00 LEGAL DESCRLO~ON: PARCEL [: Lots 3? and 38 and Dewey's Subdivision, Plat Book [, page 37 of the Public Records of Palm Beach County, Rorida, Less the right-of-way of Casa Loma Boulevard and Less the right-of-way of Orange Grove Boulevard. Together with the reversionary interest, if any, of mortgagor in the rights-of-way of Casa Loma Boulevard and Orange Grove Boulevard. PARC:~L 2: The East half of LOt 39 and the East half of Lot 42 in Dewey's Subdivision, Plat Book [, page 37 of the Public Records of Palm Beach County, Rodda (Less the South 30 feet of said Lot 42 as shown in Deed Book 341, page 188) Together with the reversionary interest, if any, of mortgagor in the right-of- way of Ocean Avenu~ PARCEL 3: ~=':~t plat of Section 27, Township 45 South, Range 43 East, Palm Beach County, ;-~orida described as follows:. Commence at the Sou~eest comer of Lot 37, Oewey's SutxlMslon, according to the plat thereof recorded in Plat Book I at page 37 of ttm Public Reccm/s of Palm Beach County, Rodda; thence N 7° 14' 10' F_, along.the East Ilne of said Lot 37 and along the West right-of-way Ilne of the Tntra~ Watenvay~ 25.20 feet to. a llne 25.0 feet North of and parallel with the South Ilne of said Lot 37 and the " Point of Beginning; hence Ea~ along said parallel line, 33.85 feet; thence N. 5' 47' 36' E., [42.02 feet; thence N. 82° S. 45" 50' W., 30.0 feet to the said East line of Lot 37; thence S. '7° [4' [0' W., along said East Ilne, [46.24 feet to the said Point of Beginning. Areas: Parcels [ & 2 & 3 = 30[,887 SCl., lt., 6.93 acres. Location: Northwest comer of Orange Avenue and Ocean Avenue , .:,m.m i FULL SET OF 'il ~' .4 ~.: It ~~'~ ~ DRAWINGS ON i ~;l ~fl.,; ,.- -., FILE WITH . .-~. : ~' ~ ' ,i!~.' CITY CLERK ,;H,~ "' '' .... ~ h.:{; ":; ' il {l ..... t1 ' ' '" : ':. il .l l{ ~ ~ "- ,qi'..'"' !ltit ! J lil: ;{ti'.,.,[ !{il---- I ' HJ iii ,,.-, : II i ...... :-- i,! ................~ J.I, I ,l't. jJ d II ,: , J., ,: -~ I j I . ~. [ :,. :' " -- ~i::'i { ili, l, } ~:. :i: :--" ""~ ~'::-""' ' i{{,i ---: ..... = :. ~' :~:i-:--: - ~ : - ~,''~ I .fi* ,.r. . . ~...~ -- - , ~ J' ~ I ' ' ~ I ' ' , ill : ,,~ ....,, ~ · .-'.~-~ ~'--'~~: ~.'~ . . · -'"~ ..... '~ ' fi' ', :,:-f:.id.~i''" { i'i,~ ,. ,, ll:l.' ......~' ~:' ~ ':Z" '"= ..... =~--L' ;~" '":~'':~::{{: }':''~' · ~ -~:/l~ -~ ...... ~ ---~ ---~.~ ....... __ ...... _ .... ~:,,.~{{{~ :~, .,: ....i'i ~}~~ ~'- ~ ? -. I -"::~L'~''~''. '": ' :; 1 ' ~ Ill { {~ .1, ~j~ - ,' _. . ............ [ .... ..' .... C~_S ... , { ~s ,:~t LEGAL AND EO. U1TAB! I= OWNERS OCEAN BRFI=""/'I= FE~'IVAL PARK, INC., c../O The ESG Companies 1120 Lasldn Road Virginia Beach, VA 23451-5210 EXHIBIT PUBLI:C FA~ The Qb/will design and construct off-site water and sewer facilities sized to accommodate the projected build-out capacity of the proJecl:. 2. The City will Install traffic and parking control signs along, the Casa. I.oma right-of-way. SCHEDULE= OF RESERVATIONS AND DEDICATIONS ~.. Easement from Ocean Breeze FestNal Park, Inc., to the Qty of Boynton Beach, dated June ].4, 1999, Addendum to Easement and Exhibit "A" (dated 3/1/99, Order #80-Z75 "F"); 2. Easement from Ocean Breeze Festival Park, Inc., to the Qty of Boynton · Beach, dated .~une :1.4, 1999, Addendum to Easement and Exhlbit"A' (dated 5/[9/99, Order #80-27S 3. Easement from Ocean Breeze Festival Park~ Inc., to the City of Boynton Beach, dated .lune 14, 199g, 'Addendum..to Easement and F. xhlbit"A' (dated 311199, Order # 80-275 "E") 4. Easement from Ocean Breeze Festival Park, Inc., to the City of Boynmn Beach, dated November 4, 1999, Addendum to Easement and Exhibit"A" (dated 11/3/99, Order #80-2.75 *Reservations and Dedications to be recorded separately. ~ INTEN'~O~y BI~ANK EXHIBIT "H" Conditions of A0.orovai oject name: Boynton Maria ,lo number:, COU$ 98-008 Reference: The ~tans rnnsist of ~ sheets identified as 4th Review.-New Site l=lan. File # COUS ;o-~J8 with a Febmaw 2. 1999 Plannin~ and Zonina Oeaam'nent date st-ama markina I DEPARTMENTS ' INCLUDE I REJECT PUBLIC WORKS Comments: 1. The dumpster (or vertical compact~r) enclosures should be a minimum 10 feet by 10 feet internal dimension& The gates for the containers should be mounted on the outside of the endosuree. The enclosures should be widened if the gates am to be mounted x -on the inside. Steel dowels should be installed to hold the gates open. The truck must be provided with a laming radius of 5~ feet minimum. 2. Waste removal in connection with constructlon process must be x serviced by Clty of Boynt~n Beach. Place note on dumpster detail to indicate ~_me. UTILITI~.~ Comments: 3. All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which tmee may interfere with - utilities. In general, palm tmea will be the only ~ species allowed within utility easements. Canow trees may be planted outside of the easement s~3 th~ roots and branches will not impact those utlliflos within the easement in the fomseeeble futura. I.DR X Sec. 7.5-18.1 ~ publ~ utllitlee the authority-to remove any tm~s that inta~m with uti~y services, either in utility easements or public rights.of~. 'l'hem aooear to be some very daflnffe conffi~ bet~.-~=.'t mnoav tr=== and utilities in this submittal. ~ them were in the Oe~___mflm' 1998 submittal. 4. Department of Health permits will be required for the water and sewer system extensions serving this project. (Sec. 26-12). Show ail existing and proposed water and sanitary sewer improvements x on the site plan or drainage plan at this time including pipe size, and ~lnn. {$_~,~ 2~-18) 5. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in I. DR Chap. 8, Art., Sec. X 16, or the requirement imposed by insurance undem~ritem, whichever is c~matm.. (See Sec. 26-16(a)). Rm flow tests results . Pag~ 2 Boynton Beach Marina File No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT for the main on Ocean Avenue have been provided, but fire flow calculations to [he on-site hydrants have not. Please submit these calculations with your Health Department permit application and plans. 8. Provide proposed elevations, flow arrows, treatment fadlitles and an engineer's wntten carttfication that drainage wiR conform to all rules of the City and the South Fiodda Water Management Dlstrict. x (I. DR ChaD. 4, Sec 71=) -- 7. Water a?-. sewer lines to be owned and spemtod by the City shall be inct~, ..~ttin utility easements. Please ~ all existing or propose.. ~ments on the site plan and drainage plan. The of the prelect will require a dear, unencumbered easement of 37 feet (12' for water, 25" for alnita~y). All easements shall be X dedicated via separate inslnu~ent to the City al stated in Sec. 3:~(a) of the Code. These easements must be dadicated within days in order ta allow the City to commence r~3catlon of the 24' diameter gravity sewer. Provide resolution verifying abandonment of the existinc~ utilit7 easements no Ionc~er needed. 8. The drainage plan included In this submittal is dated DeCember 7, 1998, and is similar if not identical to the one submitted in December. It has the same drawbacks as pmvio~ mentioned; namely them is' insufficient space for the water, sewer and drainage lines shown along the wast side of the site. It also shows x restaurant #1 in a different location from that shown on the site plan. Please m-submit a consistent set of plans. 9. Appropriate backflow .p~eventem w~ll be required on the domestic water services to the buildings, and ltm tim 'sl~rinlder lines, in x accordance with See. 2~-207. 10. Building permits for this project shall not be issued until this office has spproved the plans for the water and/or sewer improvements required to serve each of those buildings. (Sec. 2B-15'). In addition, the developer shall post surety for all other meluimd improvements for which he il responsible, and which will not be x completed before the first certificate of occupancy. (LDI~ Chap. Art. V, Sec. 7). This surety will exctuda items .t~ be installed by or under the direction of the Clty al stipulated .in Exhibit '1' of the 'Development A~reemant'. -- 11. Note that the addition of 22g apartment ~ greatly intensifies thex use of the site above what was originally ~ This change will result In an additional caBital faciliflea Chame of ABBm'xtmatel¥ Page 3 Boynton Beach Marina File No.: COUS 98.408 ~ for water anti sewer, ~f approved. The clave~o~er is 12.. The 15-foot utility and roadway easement west of the platted N.E. 6"' Street right-of-way, referenced in paragraph 9 of the 'First x Amendment to Development Agreement' must now be dedicated to the City to allow maintenance of City utilities. 13. All infrastructure impmvemants necessary, for this entire site must be completed before the first certificate of occupancy is issued, other than for docks and fuel pumps constructed simultaneously with related support Infrastructure including access roads, water and sanitary sewer, regardless of bonding or other surety. For this x · 'purpose, 'Infrastructure' shall be defined a~ potable 'eater, sanitary sewer, drainage, and a second paved accass road for service and em ency I~UmOSeS. FIRE Comments: 14. Emergency access along north side of aparlrnent building to the north dock is not shown. A fire lane is required. BBCC 9-21. This comment shall be read in conjunction with Paragraph 17 G.8 of x the Revised Develol~ment AC, lmement 15. Standpipe/sPrinkler system fire department connection is not x shown for the apartment building. BBCC 16. Dock standl~il~eS no farther =~n=_rt than 200 fcc',. BBCC ~-~," x POLICE Comments: None ENGINEERING DIVISION Comments: 17. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits inctude, but are not limited to the following: site lighting, paving, drainage, x curbing, landscaping and Irrigation. Permits required from other permitting agencies, such as FOOT, PBC, SFWMD, DERM, LWDD, DEl= and any others, shall be included with your permit recluest. Page 4 Boynton Be~ch F~le No.: COUS 98-008 DEPARTMENTS " INCLUDE ~ R~E~ 18. Pay a fee in lieu ~ dedi~flon ~ set fo~ in Chap~ 1, S~on 5 x of the 19. Upon subm~l of ~ns~on d~n~ f~ ~ ~ ~. ~d NE ~ S~ ~e appli~ ~p~mphic. ~m, pmpa~ souffi ~ ~sa ~ma B~. ~ ~e ~ ~ ~ NE ~ S~L x O~ign dinings for ~ese 20. ~e ~ ~d ~e appii~ sh~ jo~ ou~ln~ in Re~ D~pm~ ~m~ ~d I~~ III, Se~on 1~, Chap~ 6, ~de N, S~n 10, ~~ 6, x .. C~pt~ ~ Se~on 11.ZD.] ~njun~on ~ Paragraph 17.G.8 ~' ~e Re~ De~pme~ 21 - ~te seve~ ~ndl~p apa~en~m~a ~ p~de ~e sho~ a~sible m~ ~ ~e x Rodde Acc+~sibir~ ~ ~e appli~ ~ ~ ~ ~o~ in ~e d~ I~ing ag~ma~ a ~u~ public ~ ~a~ ~. ~e appli~nt shaa ag~ ~r ~ m~ ~es a ~pu~on d~ng ~ing ~e public p~ng s~ and 24. ~e r~ui~e~ ~ the Ronda Ac~ssibii~ C~e she# be met f~ X Page 5 Boymon Beach File No.: COUS 98-008 DEPARTMENTS - INCLUDE REJECT 25. Show proposed turning movements on the Site Plan for access of -------"- ....~._.~rash trucks to and from all com0actors duml~sters, x and ... -, = ,,~pmpnam Clocuments to designate puo,c access and recreational use easements for'the proposed public park at the intmcoastar waterway, the pedestrian ~ x between and on the north side of the proposed retail buildings and for the courtyard area located eest of the Proposed residential 27... .on ,.s e plan and con, c on mvmw. Pla~ ~ in~ude ,m,~ -..=~ ~ ~ 28. It appeem ~at ~e pmpos~ s~e ~ d~o ~tem ~a n~ to be mvis~ to include ~e ~u~a~ a~ ~ ~ ~o pm os~ · - ~a~ pipe ~e~ofl ~sa ~ 8o~e~ --~-- - ~ se~ng ~g ~ ~ng ~ ~ ne ~andable ~ p~e ~~ on~ ~ in~,~~mag ~" (no ~pe p~ ~ a~mble to ~e an ' ~). ~ ~. ~d ~ge ~. R~a~ing pmp~ ~n~on ~ ~a ~ B~d., NE ~ 30. Casa ~ma Boula~ shall be main~n~ ~ o~ in ~e x Revis~ Devel~~me~ Unless su~e~ ~ Page 6 Boy.ton Beach Marina DEPARTMENTS INCLUDE REJECT Revised Development Agreement, the applicant shall provide the City with a Maintenance Agreement for Casa I.oma Blvd. in a form acceptable to the City. The Maintenance Agreement will be reviewed by the City Engineer, Public Works and Utilities prior to fina!i_~ar~on. 31. Show the six fish cleaning and garbage stations required by the x DEP pe,,,,;;, on the Site Plan. .. BUILDING DIVISION 32. .'At time of permit review, submit a rm:orded unity of trde that x 33. Add ~0 the sheet tiffed Restaurant fYI Rom' Plan the following btuiding specifications: Gross floor area each floor, total gross floor area entire building, floor ama of the exterior covered area, seats per floor (indoor and outdoor), total, seats entire facility, x overall building height, finish floor elevation 1"~ floor, type of construction and occupan classification. .-.---.----- 34. At time of permit review, amend all plan view drawings to show that the accessible routes that am. required betwem~ the accessible parking spaces and all uses anti amenities proposed for the project are in compliance with the regulations specified in x the Florida Accessibility Code for Building Construction and the Federal Fair Housin Act. 35. At time of permit review, provide detail drawings that illustrate how vertical changes in elevati~ along, all accessible mutes will be changes in elevation shall be depicted in compliance with ulations SlOeCified in tim ecceasib codes. 36. Provide a minimum of four accessible pafldng spaces to the north side of Casa I.oma Boulevan:L These spaces should be x distributed to serve the buildings titled Retail "B" & Office and Restaurant ft2. ' 37. Place a note on the site plan indicating that the path of travel to and from the buildings and other facillti~ on the site am* in x compliance with the Florida Accaeaibillty Code for Building Construction and the Federal Fair Housin Act. ~-----'---- 38 Amend the tabular ~arkin data and the lans to reflect and show x Page 7 Boymon Beach Mari~ File No.: COUS 98-008 DEPARTMENTS ·" INCLUDE I REJECT - u-~ [e7 a~ible p~ng spares ~ whi~ one (1) shall be sh~ ~d label~ ~ v~ a~sible. ~e pa~ng ~at is de-i~ -- ~ .... spa~ for ~e Cons~on. ~ ~e ~ O~ld~g sh~ h ........ ~e ph~mg p~ ~a ~o desmbe ~d iden~ on a~ p;~ me sema~ d~~ ~m ~e so~ pmp~ line to ~e le~ing ~ge ~ ~e ~ building. ~e Page 8 Boynton Beach Marina. File No.: COUS 98.-008 DEPARTMENTS " INCLUDE I REJECT ovemang or canopy to the property line. The tim rating ami wall openings located on the exterior walls of all buildings shall comply with the regUlations specified in Table 600 of the Standard Eluildinc~ Code. 43. Add to sheet A2.01 the required accessible sidewalk that would x create the accessible path for the van accessible paddng space to the accessible buiidinc~ entrances. 44. Show and/or describe on the site plan I'mw and where the storm water drainage that is generated by the roof cd' all structures will x terminate. 4,5... Show and identify on the sheet tttleci Ground Level Floor Plan how x . w~,. be deliverect to the ~_rae__rtmants. 46. Compliance with the btu3ding coclee wB be evaluated at time of permit review. The permit fee, water alld sewer facilRy fees, county fees and state fees will be detemdned at time of permit x .. sl3ecifications Ii~_~_ in the Oeve~mant Ac~memerW. PARKS AND RECREATION Co_mments: None FORESTER/ENVlRONML":NTAUST Comments: None PLANNING AND 7_ONING Comments: 47. Change '20' to .'10' In equation for parking spaces for apartments, x 48. Regarding landscaping: · On landscape plan, dimension .distance between perimeter x trees to show compliance with requirement to be a minimum of one (1) per 30 Ilnem' feet.. · Dimension all perimeter landscape ~ to' .show minimum width required'of three feet. · . Add note to landscape plan indicating quantity of interior parking spaces (excluding garage spaces), requital interior landscaped area (20 square feet/space), and interior lanclsc~__p~-I am~_ provided (or us!n9 _red_u~-'~ c~itefle to ten Page 9 Bolmmn Beach Mari~.a File No.: COUS 98-008 (10) square f~et per space if a minimum of one (1) interior INCLUDE REJECT shade tree is Provided per four (4) interior cee. ·Add .note to landscape plan stating numbeS~r of ~s (one is ~:,.recl) per 100 square feet of required interior lanclscaped · Continue Perimeter hedge along N.E. iF' Sliest (west side) north/northeast of restaurant ~. · Provide and identify ~n the landscape plan all proposed · Identify in the landscape plan tabular data, the percentage of native species to confirm compliance with the 90% .. requirement. · Acid to list of notes on landscape plan the source of ....... ,,__ ----.,,, ,wu unr;s proposed, within the hurricane 50. Provide color descriptions for all details inclu~ling color code on x elevation document. 51. Amdindim~..min~g_ra.d. lus details.within parking slrucllim, um s;ac~nlgane,~ca for one vehicle at guard and provide, at gate to prevent x 52. The minimum required extension ....... . . or N.E, 2"' Avenue will be uu,uing, or al;em~ plan ~or· ..~_, ...... waate removal w~il be inco ted wnlr. n ellmin~ nee~l:l . rix:ira -,, -,, ........... to a..ccesa north side of bugding (thla does nu~ e.mlu~ n~ tO roVide ~ side of P or emergency accat~ along north ,o ,~z ,~umra, wnn aeVelopar to const~ct road Improvement~ accordance wi~ revi~ed developer's agreement and approved x ~c~um or retail El are sod or paved areas, x Page 10 Boynton Beach Marina File No.: COUS 9S-008 , DEPARTMENTS I INCLUDE REJECT 55. Submit upclated [anclscape plans for anii~ project to c~mptiance with all applicable regulations, internal consistency, and to inctucie the following changes to the landscape notes found on sheet LSl.00: a. Add, as specified in the "Grades and Standards for x Nursery Plants' Part I, 1963 and Part II, State of Flodda, Department of Agflcuitum, Tallahassee to the end of note' 1. b. Remove the word, 'No', ~ the beginning of note number 19. [Land Development Regulations, Cha~er 7.5, Arllcle III - Central Business District Landscebe Code, · 56. "For subsequent permit application, provide sheet A1.01 (~g...1~ detail sheet) and a photometric plan to vegfy timt illuminate.on A~ Wes Of lig~,~ romJres (w. fl, boUard.~ .?~...t, ~ ~u~j_~ x area fixtu~ shall not exceed 16 feet. All pores, ~ stte amenities shall be of a grade and quslay Itmt will withstand waterfront/marina environment and shall be consistent with Visions 20/20 Redevelopment Plan recommen~~ [Chapter 7.6, Article III - Cantml BUsineu District Landscape Code, . Section 8. ~ 7. a, b, c and d and 8. a, .b, o and d and Design Guidelines of 9oynton Beach Cantrai Business District page 25, ~tl, 2and sT. projec~ shau pmv~ ? m~b.um of sos 'tot~ pedd~ including a minimum of 207 al)aces 1trot must remain open ants development agreement these spaces may be cr~m available for use by tha public,) 66 H. 16. e. (:10}, Section 6.t=4.b(1)(a), Section ~',:n.m.-~ ~, and Section 11 " property ownem, shall be paid prior to issuance ~ permits or deducted from the incentives for administrative fees. Page ! 1 Boymon Be. ach Mm~ 'lc No.: COUS 98-008 " I DEPARTMENTS INCLUDE I~_-JECT 59. The applicant shall apply for and be issued an environmental - review permit *prior to receiving an occupational license to sell gasoline. [Land Development Regulations, Chapter 2 - Zoning, x Section 6. E. lA1 60. The applicant will dedicate an easement to the city, the land shown on the plans as the north portion of the cul-de-sac located near the east end of Casa I.~ma Boulevard. PriOr to obtaining signatures on the document and recording the easement document in Palm Beach County, the applicant shall submit a col=y of the appropriate document to .the city for review. The x document shall include, but not be limited to, the developer purchasing, Installing end perpetually maintaining the .. iml~rovemerrls. 61. Applicant shall comply with all requirements contained in the' development order and revised development agreement, prior to issuance of permits (other than shell perm~ requested prior to x approval of the development agreement) in a/~:ordance with the deadllnes set therein. 62. The road will be constructed at a minimum elevation of/=5'6'. X 63. The dumpster enclosure requirements of the City Code w~l be temporarily waived for Two Georges Restaurant and 3lye Shop x until Casa I.oma Boulevard is completed, and compactors installed.. 64. Pursuant to note ~5 on the conditional use site plan, all utilities are x to be placed underground. This requirement is mandated for CBD by Chapter 2 Zoning,/~ction 8.F_ Early coordination with utility providers is recommended. 65. Traffic study was. found dafident by Palm Beach County. Revise study to satisfy data needs to comply with County Traffic x Performance Standards, City must possess confirmation from Palm Beach County. 66. Submit all outstanding documents required for the conditional use site plan including color samples and codes, light fixtures and other details and landscaping plans for the original phase 1 to x show consistency with remalnin~ portion of site plan. 67. Provide additional fight-of-way along west side of NE 6e Street to provide left and fight turn lanes with storage capac/ty to offset x traffic impact by apartment building and to provide efficient c/rculaflon. Exl=ansion of dc~ht-of-way to be done with the mural Page 12 Boynton Beach Marina File No.: COUS 98.,008 DEPARTMENTS " INCLUDE I REJECT unclerstanding that expansion may l~e in exchange for loss of minimal, parkin~ spaces. This requirement may be waned if magnitude of spaces to be lost am unacceptable to the city, and if traffic analysis justifies maintaining roadway as currently proposed (formerly ~351. ADDITIONAL PLANNING AND DEV_L=t_OPMENT BOARD CONDITIONS 68. ADDITIONAL CITY COMMISSION CONDmONS 69. ~evised 8/11199 4:45 pm MWPJdim lEFT INTENTIONALLY BLANK INTENTIONALLY LEFT BLANK EXHIBIT "]" INTENTIONALLY LEFT' BLANK EXHIBIT "K" HOLLAND & KNIGHT One E~ B~ ~d, ~ 1~ ~0, ~ 14070 (~ ~-~ ~.hkla~.com Ap~ 9, 2003 Mr. Quintus Greene Development Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Marina lF~l]a~ at Boyn~on Beach Dear Mr. Greene: We represent TRG-BOynton Beach, Ltd. ("I'RG"), the owner of the property being developed as Marina Villsge at Boynton Beach. As you are aware, a previous owner of the subject property entered into a Se~--nd Revised Development Agreement dated June 6, 2000 ("Agreement"), with the City of Boynton Beach, Florida ("City"), relating to the development of the property bein~ proposed at that time. The A~,,ement has become obsolete due to the fact that the development contemplated by the Agreement did not occur, and the deadlines for completing those development obligations were never met. In previous cliscussions with City officials regm'd.lng the Agreement, a consensus was reached that the timing and development of the subject property being proposed by TRG is substantially different than the ~ and proposed development contemplated by the A~reement. Accord/n~ly, TI~(~ requests that the City Commission take appropriate action to terminate the A~ement as a matter of record. Such termination should be eXPressly cond/t/oned on the survival of the matters set forth in the letter from James A. Cherof, City Attorney, to The Belated Group and AERC of V'u-qin/a, Inc., dated December 30, 2002 (copy attached). If possible, please schedule ~h_/~ request for City Commission consiclerat/on at it~ meetin~ on Apr/l 15, 2003, at wh/ch other matters relatin~ to ~he proposecl development of Marina V'flla~e at BoynWn Beach will also B~ considered. Thank you for your cooperation. Encl. cc ,~ames A. Cherof, City Attorney (w/encl) · December 30, 2002 Via Hand Delivel'y The Related Group AERC of Virginia, Inc. Re: Request for Estoppel Imtow~6on/Marina Village Gentleman: The City ha~ received the D~emb~r 30, 2002 writ~ r~quem of ~e Re~ ~ ~ ~RC of V~ ~c. for m ~el I~cr d~g ~c ~o~ ~ ~ ~t by ~e Ci~ of ~Wn B~h ~der ~e S~nd R~ D~el~m~t M~e ~c~ly, ~u ~ve ~cd ~e Ci~: Specifically, please confirm that $39,424.22 haw been ~p~nt on behalf of City water and se~er fees, which are crtdi~ which run with the Project and are trunsferabh to a successor owne~ of the Project and shall survive any tertntnatton of tl~ Do~lopment Agreemena R~ponse: The City ha~ paid on bdml.f of the Develog~ $13,570.99 for r~ai! commercial wat~' and sewer impac! and ¢oanection fee~, $25,853.23 for restaurant water and sewer impact and connect/on fees. These fern are transferable to a successor owner of the Project and sba/1 surv/v¢ any tcrmir~afion of the Development Agreement. In ad&'don, please confirm that $162,$00 have been spent to,~ards Cit~, Seam and Counoy permit fees, and ~lease confirm ~ porvlon of this amount wMch was paid to the County fo~ impa~ fe~, and lac City sAall cooperate ~ t~e developer and support ~ith the CounO: a successor o~n~,', credit for th~e /ee~. ,4[~o, please confirm that the City Commission shall consider a~ a policy decision 81vin~ a sg~cce$$or owne~ o/ the Projecf a credit Ovhich credit shall survive any t,~'minaU'on o/the Development ,l~eemenO a~ainsr futu~e germit fees for the portion of this amoun~ whie2 was paid to ~e Cio/, and please confirm that amouni, a~d City staff shall favo,ably recoma~end #rich actiom Response: Thc City has pa/d: To Palm Beach County. on behalf of ~e Devdopcr, $122,688.85 /n road impact fees ~d $,$.802.91 in public bu/Id/ng fees. It ia the City's undc. rs~di,~g tha: under County To ~e S~e of ~lofi~ $138.70 ~ BA~ ~d ~138,70 for ~ p~ f~. Co~on of~f~fli~ shoed be ob~ ~m ~e ~te. To ~e Ci~ of Boston B~h $34,726.38 for b~g p~t re~ f~. ~e c~dit is ~f~le. No m~d is av~able for voided p~. Also, please conjtrrn that no other amounts have b~n spent by the City or are due and o~oin8 under the bond or the Doelopment Agreement other than those set forth above. R~sponse: The City has expended $201,919.76, which includes thc amounts shown above. The project is encumbe~v.d by a City lien for the total incentive package of $770,328.00, less $407,380.00, which is secured by bond. Pteas~ confirm the Ctty sluzll accept a substi~e bond in r~rplacttntnt of that ctttrently held by the City from a successor owner, and return tl~ ~istlng bond to ~.J~C. Resgo~: Yes. I trust the foregoing is r~ponsiva to your request. All issue of fia-t~er adjustment, modi/ication, refuted or waiver sro x~set'~ed to tl~ City Commi~ioll. C~/da~lopm~r/mi'~. ~jgr, tY~a~:ee, l L~' TOTC~L.. P. 05 F. Martin Perry & ~ssociates, P.A. g. M.~'/'~ PERRY 1645 Palm Beach Lairs Blvd. "r'~LE:P~.~Ot,~g (~1) 471-:~o"/ glJSAN L. TAYLOR Suit~ 1200 ~AX (~) Vie~ Polm Be. ach. FL 33401 May 8, 2003 MAY DEPARTMENT OF DEVELOP~,~ENT James A. Cherof, Esq. Via Facsimile: 561/742-6054 City of Boynton Beach 100 E. Boynton Beach Blvd. 954/771-2943 P.O. Box 310 aoynton Beach, FL 33425-0310 ~:~ Re: Two Georges Restaurant vs. City of Boynton Beach Case No. CL 99-8505 AG Dear Jim: As you know, this firm represents DSS Properties, Ltd. an(/DSS Mana~ Inc. d/b/a/ Two Georges RestauranL I have been advised that the City Commission recently ~Peac~V~la~:aM~rj~.e P,~na/~m~i..,C~l, fi_on_ _su,b.,.mi.tted by the Related Group for the Boynton audi, my c~lent requested that I review the proposed modifications as they relate to parking, to determine whether the proposed modifications are consistent with the Court approved settlement of the above case. I have concluded ~_a_t_the_~rre~_t parking modifications do appear to ignore the terms of the Mediation _greemen[. ~-or your convenience, I am attaching copies of the Amend~ .Rg.r_~.e~rl_..ent,. date? June 12, 2000; the Court Order-: dis'missing the junscllc~on to entorce the Amended Mediation Agreement; and portions of the Second pRuevi.sed Development Agreement, recorded on August 28, 2000 at ORB 11980, PG 492, bhc Records of Palm Beach County. The Amended Mediation Agreement dearly contemplated amendments to the Development Agreement such that it would be consistent with the settlement among the parties. The resulting Development Agreem~t, the Second Revised Development Agreement, provides, in part, that: "7. DEVELOPER shall provide a minimum of SOS parking spaces, 207 of mb/ch mere' be o~ee and enreserved forpublic uae (Of these 207 is granting to the Developer the use of these 59 public spaces as a credit toward his obligation of 207) .... "Emphasis added. James A. Cherof, Esq. May 8, 2003 Page 2 of 2 The foregoing paragraph of the Development Agreement also contains a footnote referring to the~August 1999 City Commission hearing, during which the parking issues were extensively discussed end the Commission voted to approve the above parking arrangement. i have reviewed of the minutes from the April 15, 2003 City Commission meeting and the resulting conditions of approval for the Developer's current site plan. I have not yet been able to review full size plans showing the parking arrengement; however, it appears that the resulting approval does not specifically require the developer to leave spaces open end unreserved for pu01ic use as is required by the Development and Mediation Agreements as previou~dy stated herein. If I am incorrect in this regard, please provide evidence to the contrar~ l'he minutes of the meeting reveal that parking continues to be a significant concern to area businesses and City residents. My clients are also greatly concerned about the lack of available public parking for their customers. Of additional concern in this regard is that the developer has apparently requested that the existing Development Agreement for the project be dissolved. My client strenuously objects in that dissolving the Secm~ Revised Development Agreement violates the requirement in the Amended Mediation Agreement that the Development Agreement be consistent with the settlement among the parties. Therefore, I hereby request copies of all documents related to the developer's application or request for a hearing on this matter and further request that I be notified of any meetings or hearings in this regard. As you know, the Court has retained jurisdiction over the enforcement of the settlement. We are hopeful that we will not have to resort to re-opening this litigation; however, my client has grave concerns that the project, as proposed, will detrimentally affect the parking available to its customers. Please call me as soon as possible to discuss this matter in greater detail. Very truly yours, F. Martin Perry Enclosures cc: Bill Scaggs, Jr. -via facsimile: 5611620-8189 Steve Scaggs - via facsimile: 301/208-8037 TOTP~_ P. 82 [N TI~ CIRCUIT COURT OF THE ~1'~ ~IDICIAL CIRCUIT OF ~O~ ~ ~ FOR P~ CO~, ~ ~ON .. C~ ~0. ~ 9~S0~ AG DSS PROP~~ L~. aad ~0 ~OR~ ~A~, ED ~DIA~O~ A~ (e) ~vely approve the use ofsu/~cient compact car spacee to make up for the loss of four parking spaces due to ramps to be ce~ fi'om Casa Loma Boulevard. to the Two Georges' properS, md (d) .adm~Letm/vely approve two curb cuts for ramps.to accet~ the Two Gcorge~ · ~nd Hall ptepetty. 2. Recommend to the City Commi~on that it ellmln~,, those pomona of the development agreement pertaining to public fights of access to Casa Loma Boulcverci and the are~ refe,,red to u the Casa Lorn Overlook. 3. Process in the normal course o~City business Two Georges permit application ~To. 99-4849, which, among other things, nx[uests to raise the main dining room floor to an elevu/on of 4..~ feet NVGD u well as oomm~on ora ncw "ddckee~ mot'to rephce the exiSt/hi "dLickee- mo/: C.W/and/or City staff'w/II wa/ve the/r .m/or objection :o these ptopo~ floor elev~ous. It i~ undersax~ th.? ~ applicant w/II lave to e~? ~:idy commems oa otf~r imees zzised by staffrehtive to the application. '4. Not object to the use ofthe second f~x:r area as a. stami-up waiting at~ (no food. goverameatal entities with juri~ct/ou over the uae of this area. $. Reco?~* th~, the e~deti~ operation or'Two acomes acemuem, matin~ and usochtai f-a:ilitiee and the Hell's ~ f~i,.a operation (one boat only) are v~d listing all ezist~g m~ ~ ~ 1~ v~ri~ by th~ ~ty, ~ upon ~tly lmmittcxi uses, for ~urposm of~ub~ tl~ l~.~s o~t~ v~cl legal 6. l~o~ t~at ~ll's dr~ ~ c~m~ (oho Ucm only) ~ ~am~ly improved pazkin& on the six lots owned WTwo Gcore= south or'Ocean Boulev~ to meet ~ty Gade, Provided however that dnrin~ comm~on ot'fmpmvauem on No~hh,~ herein shall pzevent the ~y titan initiating an occupational license revocation pmceedi~ i~ in the fimue, it is deter-,i~,ed that Hall's drift fi~h~,,~. ogmziou or mociated businesses MI to use the oe'-site paflcin~ lots ret'em~ haeiu, unless alternate parki~ is pmvid~ on site or off-site in accordan~ with 7. If and only LfTwo Cm~ea can obtain permi~i~ to build aa up to 2~00 square paddn& rhea i~ m~ybe salisfied wi~ ~e ~u~vision of the specified number of paztdag spa~ oa the lots south of Ocean Boulevard. This pto~on may only be 2 u~ for th~ construction ot'~ d~.k and may not be crcd/~d aga/nst other propo,s~ · ' · · :~' ~-~tytCCOgllIZeS loaf ' ' · -- op~an ~s a ~ ~, ...... . ~ s ~ ~h,ng (one bo~ o~y) ~- '~ ~~ ~n~~ ~e. - g ~a~ 1. Build at it's 2. WiH~mm:TwoOmrgesa. __,___. . . . winch come~: shall no~ be .."~'~J-'-"~. · m~....w~v~?_ u~ um comeut of Two Lo,,,,, Boul,-.,,,~ -,.:-,- ..... inSr~ ~md eSn~a om, that ~'tiou oft".- · ~i*,,,.,, ,,-..J_ · ._ to areola ~ Site which --.-...,~ ~m,.., ......... approved ~lan ma .._.. -~--- '----' ~ oe processed as a major sh phn .,,,~__~ '~_ o~bers), o,,- y~n t,n~x mciumn~ tables, which may be inatalled by lYl 7/OO ~ plan. ~ z, -..-,.-, -- ~"~' '~ ,~:~ea mnneatamy North of Cm'c~'s North ~ o___.,,u me ,mm'~ drawing. · ~ ~ ~O~:h 0 ' ' Provided C. nn, c~.,.... ..... ~ f Cmrc~ s N'orth Pw~rtv Rne. l~n ~ am not adversely aff'~ ~iI u outUn~ on the attad:~ cl.,aw/hi, which casement sha/l not protu~t dock users ~g thc ~y and docks just South of the easemen~ axea. The City shall use the casement area as part of thc p~oposed"Boynton Promenade", to wtgch the pubffc shall have access. Two G~orge~ will: i. Gnat _.Gaz~a a uouoxci~iv~ m:iprocai pa~ ~ and ~ utility, maintenance and cousm~on easement for that pot'don of ~ Loma Bouievazd which shall be owned by Two ~ and Two Oeorgem agreem no~ t~ change that portion off,ua Loma Boulevard.which it sinil owu without the cou.meut o£~ which consent _~h,,~i not be uutmsou~ly withheld. Furthermore, over that Port/on ofCa~ Lomx Boulevani which it shaft own, ~ ~ ~ ~ to outhe I/I7/00 site pi,re. Afl:er co~'~ac~tml Two Oeortes shaiI pay one {~zLfthe cost ofm~euance of Casa rom BoUleva~ Any ttm~ spp~catiou by Two 2. W'dl be responsible for the pzymext of ail costs assochUed with ~,~.~ to Two Geor~ prop=ty (except for those; .~vm~ts ~ ~ut Lo,,,_,, Boulevard to be provided by ~ as provided f~r in t~_, Agreement), ~,,cl,,~i,,$ nmps fr~m the 3. Agees to the configuration oftho tuzna~und and Casa ~m ~~k ~o~ on the 1/17/00 site plan, and will pay ~0% of the cost of the above-ground i .mm.~n~ts. ofthe (7~-- Lome Overlook, hlcluding pavers, Iands~ and li~ and ~,i1 pzy $0% of the corn of the ammociated sea~tl (which seawall wu SIO, F~.9), less a. credit of $ !,~00, aU of which shall be paid to tJse C'~y Cay upon completion of such hnprovem~u. All parties wilh 1. Volunmily dLmfiss thcb respective law miu with ~c¢ ~-oue (~ 1) days af~ mmpletiou of the abaadoument of Casa Lom~ Bouievarc~ ~he conveyance of ritha set fot~ herein ~o ~he ~tension ofBoyu~m Be~.h Boulew',~d to the east, the sn~tdmems to the developn:~ agreement bctw~ Gan:ia. and tho ~y, 2. Will cooperate wifiz each other in the fixltiilmetn of this ~-eement and Two Georges will not object to any developmmt com~eu~ w~th th~ 4 CXZ'~ OF BO~tTON ~ U\ ' -- P_~.~I BEACH COUNTY. CIVIL ACTION .C~E NO. CL 99.&'~0~ AG D.~S PROPERTIES. LTD. and V - DSS MANAGEMENT. INC. D WA ROE3 RESTAU~ ~q3infilTs. ORDF. RE:i) AND A~~h~~ ,",~'; the pan~' Stipula~k~m is head~y alq~'oved, ami ~m thi~ : ca~e b~. and .~,,~ hereby is. di~.~ p~judio:, 0ar, h pan7 m bear in ow. r~ ~m] com. t (a) completion of all of the improvements depicted on the Site Plan; or (b) DEVELOPER giving written notice 133 the CITY of abandonment of the SITE PI. AN. It is acknowledged that minor modif'~.,afions of the SITE PI. AN or expas~sions of the pROJECT, approved by the CITY. shall not be deemed an abandonment. g.~,.,.~DEVELOPMENT USES.. ~,?.-~e following uses have been approved by the City Commission'. ~-~ _ 29.302 square feet of two-sto~, office/retail floor ama. ~';_~- '~ . · · area ot~ 12.830 square feet. '~-~"~\ Two pui3[tc restaurants w:th a combined '~.~ ';'~ .~.t~l sales. 4 ~'~s~"Mafina slips. 2 of,whic~ shall be designateci for the exclt.tsh~ use of t~ of Boynton Beach for potice/Maat~e pGtrot purposes. 5. A'%'"m~., it residential apartment 13~]ding of 8 5'tc~ms or less, not to ti_.:.'?:. · ' rial un~,s. "~eet in heigh~ and no more than 229 residen ',~ provide a minimum of 505 parking spaces, 207~ of 7. DEVELOP v~hi~ must ~ and urtrese~l for public: use (Of these 207 spaces. 59 are o L_.oma ~,.,=v,,,, -.-.. ~- -'""~' ?~., ........ ein shall proh~it II~e City from metedng or provicl~';{~, restdcfions on trinse parkfng spaces ... ~'~'--~x'"2'~-ntm.i~ into an Agr~ment , ^, D.4.&(2) thc Cit)' Commis.~ion rcdaced the r~quirca puo,,c ~u~c~.~ ,, 6/6100 IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin,, Dates - in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19. 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15. 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Report on Capital Projects Listing for further discussion by City Commission EXPLANATION: This is a follow-up report to the City Commission CIP Workshop held on April 28, 2003. Subsequently, the City Commission and the staff reviewed the CIP lists and prepared priority listings that are attached in the recap of the Commission's rankings and supplemental staff report. PROGRAM IMPACT: The end work product will result in a list of major capital projects as determined by the City Commission as being desirable for the community. FISCAL IMPACT: Depending on the projects selected by the City Commission and the method of payment, the total obligation would range from $12 to $21 M depending on if the Commission selects a non-referendum or referendum General Obligation Bond Issue. Preliminary information fi.om the Board of Election Commission will allow a mail referendum, which would be the first such referendum in Palm Beach County. Ifa referendum is sought, a decision on the projects to be funded in this manner is recommended by June 17t~. This will allow a mail referendum in October 2003. ALTERNATIVES: Continue to fund the capital projects on a "pay as you go" basis. There currently is approximately $4.0 M in cash reserves for this purpose. Department Head's Signature ' - iEity Manager'/s Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~ORMS'xAGENDA ITEM REQUEST FORM.DOC The Cito Bo nton Beach OFFICE OF THE CITY MANAGER I O0 E. Boynton Beach Boulevard P.O. Box310 Boynton Beach, Florida 334250310 City Manager's Office: {$61) 7426010 FAX: (56I] 742-6011 e-mail: city.manager(~ogm, boyr~ombeach.fl, us www. ci. boyntor~bea cb.fl, us To: City Co mmission rc~ f,-) , ~'~~ From: Kurt Bressner, City Manage Date: May 23, 2003 Subject: Review of Capital Improvement Projects As a follow up to the workshop held with the City Commission on April 28, 2003, [ am attaching two reports. The first is a recap of the Capital Improvement Projects (CIP) fi.om the vantage point of the City Commission. I had asked you to review the project list and determine your fn'st, second and third priority, in projects. Each of the projects received an "A" (High), "B" (Medium) and "C" Low ranking from the City Commission. The priorities were translated into scores and a ranking emerged. According to your rankings, the following were considered high priority projects: Wilson Center Replacement $1,496,500 Jaycee Park Acquisition/Development $2,500,000 Senior Center Phase II $1,918,750 Wilson Park Improvements $ 379,500 Sub-Total High Priority Projects - Commission $6,294,750 The City Staffteam reviewed the projects after the CIP Workshop and came up with this as a High Priority List: Wilson Center Replacement $1,500,000 Wilson Pool $1,400,000 Civic Center (AKA Performing Arts Cntr.) $1,500,000 Jaycee Park (minimal site improvements) $2,200,000 Sub-Total High Priority Projects - Staff $6,600,000 (Non-Referendum G.O.) It is interesting that the Civic Center project made the staff's "A" list and the same project was the lowest ranked project on the Commission list. Staff perspective is replacement of an antiquated structure. In retrospect, the title of"Community Performing Arts Center" may have taken away from the serious building deficiencies that exist. It may also be that the City Commission is awaiting the results of the Mangrove High School study due in December to determine if any of the current Civic Center functions can be relocated into the old high school. Wilson Pool made the staff"A" list because of maintenance issues with the current facility. Staff recommended that a non-referendum bond issue, paid off by the public service tax, fund this list of projects. Staffalso prepared a second portion of a high priority listing and recommended that these projects be funded by voter referendum. Library Expansion Renovation & Parking $6,400,000 Art Center Second Floor $1,200,000 Senior Center Addition $1,900,000 SW Park and Recreational Facility $3,000,000 Sub-Total High Priority Projects - Staff $12,500,000 (Referendum G.O.) The City Commission's Second Priority Listing included several of the above projects. In one instance, a member of the Commission urged that the Library improvements be by referendum. Wilson Pool $1,347,000 Intracoastal. Park City Club $1,518,000 Greenway / Bikeway* $5,000,000 Library Expansion $6,120,000 Oceanfront Park Renovations and Repair ** $ 502,700 SE Neighborhood Park, Phase 1 $ 390,527 Sub-Total Medium Priority- Comfnission $14,878,227 * Possible to phase this project over five years **Staff believes this a priority and recommends not waiting for a bond issue. In reviewing the City Commission list, I noted that there are no projects west ofi-95 in the first and second priority listing. The SW Boynton Park and Community Center was tied with two other projects as top "C" projects. It is recommended that the Commission consider a blended approach for the Capital Improvements by funding approximately $6.0 M with non-referendum bonds and $10 M in referendum bonds. This would amount to a tax increase of about ½ mill tax or about $35-$75 impact to a homeowner (depending on house value) for 10 years. I am recommending a maximum of $16M in bonds and a 10 year payment schedule because there are a number of other capital projects including, street construction ($400,000/yr), sidewalks ($80,000/yr), traffic improvements ($100,000/yr) that need attention. The total amount of projects funded from this approach would be about $18 M by allocating $2 M of the $4 M Capital Projects cash. Staff is still discussing the possibility of a mail referendum with the Election Commission. The Election Commission indicated a willingness to work with us and need 90 days to assemble the documentation. In order to proceed for an October mail referendum, the City Commission would need to select the projects by June 17th. 2 America's Gateway to the Gulfstream Interoffice Memorandum TO: Kurt Bressner, City Manager FROM: Wilfred Hawkins, Assistant City Manager Jeffrey R. Livergood, Director of Public Works Diane Reesc, Finance Director ~ Wally Majors, Recreation and Parks Director John Wildner, Deputy Recrea~.on_q.~d Parks Directorff David Kelley, City Engineer ~ .~ Barbara Conboy, Utilities Manager Debbie Majors, Grants Team ~~ ',,~ DATE: May 19, 2003 SUBJECT: Potential Capital Projects, CIP Prioritization At the CIP Workshop conducted on April 28, 2003, the City Commission requested City staffto further evaluate the capital projects as presented that date and to provide the Commission with staff's recommendations and priorities. We have met several times since then and have had very detailed and emotional discussion on this topic. When one considers the diverse array of departments and professions that are represented by the Capital Improvement Team, one can easily understand that we each had our own individual priorities. However, after much discussion, we have mutually identified those projects that we believe are in the City's best interest to complete. Our selections are based upon a particular project's fundability (the City's ability to finance the improvements) and it's c onstructability (the project's state of readiness). Despite much discussion, we are not able to gauge the level of public support for each project. Therefore, we encourage the City Commission to consider our recommendations in the context of our "operations-related" background and to further interject its own perception of community needs and support. It is the culmination of these two perspectives that will move Boynton Beach forward in a positive manner. As noted, much of our discussion focused on the City's ability to fund the selected projects. We found that to get to the correct answer, we had to ask ourselves a very key question about each project, "Is this project one that we want or is it one that we need to address current infrastructure aging or maintenance issues?" In essence, we had a number of projects that we truly want but we also recognize that there are a number of projects that are necessary based principally upon a need for maintenance. For example, every member of our team wants to expand the Senior Center. This facility hosts programs that have proven to be enormously successful. Expanding it will allow us to offer additional programs requested by its users and alleviate current shared space issues. Concurrently, we recognize that the condition of facilities such as the Wilson and Civic Centers is degrading and current general maintenance needs are significant and must be addressed to support current programming. Based upon our discussion of "want versus need", it was determined that the best way to fund the improvements is to separate the two types of projects. We believe it best to request approval of the voters to construct those projects that we want by the sale of bonds, the proceeds of which would be paid by an increase in the property tax millage rate. Additionally, projects that relate to maintenance should be funded with current revenues and reserves because maintenance is not necessarily a matter that is best decided by the voters. Ongoing maintenance is our responsibility. Thus, the maintenance projects of existing facilities should be funded by a general loan that is repaid by the Public Service Tax, an existing revenue stream that can be allocated to capital projects. Considering the above discussion, the CIP Team was able to develop the following "A" list priority prOJects. "A" list Maintenance Type Proiects (funded bv Public Service Tax) Wilson Center $1,500,000 ($1,000,000 County Grant) Wilson Pool $ 1,400,000 Civic Center $1,500,000 Jaycee Park $2,200,000 * TOTAL $6,600,000 · This dollar amount is not based upon any potential offers to FIND and instead is based upon our assumptions in the earlier report. Discussion It is obvious that Wilson Center and Wilson Pool are in dire need of maintenance. Staff wishes to clearly note that the prices above include more than just maintenance. For example, the anticipated cost of the Wilson Center project includes expenses associated with maintenance and some minor expansion. Staff believes that it would not be wise to spend significant maintenance dollars and not address the various needs for expansion at the same time. However, should the Commission decide not to reconstruct/expand the Wilson Center, staff will determine the appropriate reduction in cost given the reduced project scope to include maintenance only. The Wilson Pool project is viewed by staff in a similar vein. The pool deck and building structure would benefit by significant expenditures on maintenance at this time. However, much like Wilson Center, staff believes that the scope of the project can be reduced if we simply perform the minimal maintenance on the pool itself that includes modifications to bathrooms, showers, diving board, pool slope and the provision of a separate filter system for the baby pool. However, staff again notes that if we are to maintain the pool that now is the time to add other water features for children and also to make other building repairs. We welcome Commission input in this regard. The Civic Center was selected on this list simply because it needs maintenance now. The public restrooms are substandard, there is a continuing problem with termites, and the users of the building complain about the design relative to their particular uses (dancing, for example). Staff had initially included a performing arts center at the Civic Center site, assuming that a new Southwest Neighborhood Park and Community Center will take the place of the Civic Center. However, Staff believes that if a referendum fails, as discussed below, then we would be forced to address the needs of the Civic Center at its current location. Staff has Jaycee Park on its list of maintenance projects simply because the project will "maintain" the existing open space. We have assigned the City project cost share at $2,200,000 with the assumptions that we would build only minimal recreational amenities at this time. "A" List Desired or Wanted Proiects (funded by GO Bond as a result of a public referendum) Library Expansion and Renovation $6,100,000 ($500,000 State Grant) -Library Parking $300,000 Art Center (2~ Floor Addition) $1,200,000 Senior Center (completion) $1,900,000 SW Park and Recreational Facility $3,000,000 TOTAL $12,500,000 Discussion There has been significant public discussion about the merits of the Library expansion and renovation. Staff had further discussion about whether this project was one that was wanted or needed. As noted earlier, staff considered projects that support very successful programs all in the same context. For example, the Art Center and Senior Center each support the needs of highly successful programs and public services, much like the library. However, none of these projects fall into the category of "need" based upon maintenance and general upkeep. Thus, the Library, Art Center and Senior Center all share the common element of "want" to support highly successful programs that are viewed very favorably, and supported by, the l~bgic. Staff also included an additional $300,000 for parking near the library to sut~ort the e~ms/ae ~ ~ Ocean District Parking Structure is not included on our "A" list. It is critical that lnxlm~g be l~oV~d~l as part of ibc Library and Art Center expansions. As suggested earlier in this report, staff believes that the SW Park and Recreational Facility would be designed to absorb many of the Civic Center functions. This too assumes that the Civic Center currently is in dire need of repair or replacement. In staff s report on April 28, we suggested that a new Performing Arts Center be constructed in place of the old-Civic Center. The Performing Arts Center was a suggested project in recognition of the increasing population in our Central Business District. We have delayed our time projection for this project in recognition of other more highly visible and necessary projects~ In addition to our "A" list projects as referenced above, staff has developed rankings for other projects. These ranlongs and ratings are listed as follows, in no particular order. We believe that these projects, while imporlant, should not be gXven the same priority and resources as the others. "B" List. Police Department Facility $ l 2,560,000 Public Works Facility $7,320,000 Quantum Dis~ct Park Sz~,000,000 SE Neighborhood Park $590,527 "C' List Greenway Bikeway Program $5,000,000 Intracoastal Park City Club $1,5 l 8,000 Meadows/Nautica Sound Park $600,875 Nautica Park $398,475 Ocean District Parking Structure $3,605,000 Palmetto Greens Park $506,000 Performing Arts Center $1,431,800 Staff wishes to clearly identify that some of these projects may proceed despite our lower rating. Our pnoritization of these projects is pnrnanly based upon the dollars that are available to the City to construct sam~, For example, the Greenway and Bikeway program will rely very heavily on State and Federal grants that will make the local contribution very minimal. Thus, it is possible that this project will proceed despite the Iow ranking. Furthermore, staff recognizes that projects such as Nautica Park may be funded entirely by another government entity. Thus, this project may proceed as well. It is the sincere hope of staffthat each of these projects can proceed gaven funding by others. Staff has also purposely omitted the Oceanfront Park repairs from this report. These repairs must be completed thus resources remaining un the Capital Improvement Fund next year Wall be used and this project should not depend on the Public Service Tax or a bond referendum. The CIP Team developed three pnonty lists and has further separated its "A" list into projects of similar types for funding purposes. We strongly recommend that the City Commission also review the various annual operating and maintenance costs for each project as outlined by staff in its report to the Commission on April 28. We must all be cognizant of not only our ability to finance the up-front construction costs, we must also be acutely aware of the increase to the City's annual operating budget created by each of these projects. This is ~amcularly i~ in the current economic climate when City revenue, in general, is reduced from previous yea."s. XlI. - LEGAL CITY OF BOYNTON BEA ITEM AGENDA ITEM REQUEST F.._ Requested Cit~ comm~io~t Dam Final Fom~ Must ~ T~m~ ~um~ C[~ Co~gJ~ Dam Fin~ F~ M~t ~ Tum~ A~I t, 2~3 M~h 17, 2~3 ~.) ~ June 3, 2~3 May t9, 2~3 ~) A~I 15, 2~3 M~h 31, 2~3 ~) ~ June 17, 2~3 June 2, 2~3 May 20, 2~3 May 5, 2~3 ~) ~ July tS, 2~3 lune 30, 2~ RECoMI~I~NDATION: Motion to apl)rove this orct[nence, which addresses tt~se at, es~ ef~l~ [.DR ~ were not ~clcL~ssed by Ordinance No. 02-033 EXPLANATION: T'ne City Co.,,~ssion previously apl~roved Orai,,mn~e No. 02-033 on Au~ist 20, 2002, ~ amen6ed (in part) Part III of the City Code of Ordinances establishing the City Engineer position, transferring certain technical functions to that position, as wen as deleting obsolete language, c~ existing provisions and up~r.aain$ certain requizements in the City's Land Development ReguJations (LDR). Although numerous u~pgrades were made to sa~d Part III, some ~zesa of the LDR innclvetlantl¥ were not addzessecL Thi~ proposed ordinance addresses some of those ~reas, prLmazLly as they relnte to the issues of the off-street parking, pinning, the land development permit, landscaping and other technical services to be provided by the En~ Division of the Depazu~ent of Public Works. PROGRAM IMPACT: Continuance to up~rada certain provisions of the LDR. FISCAL IMPACT: None ALTKI~=NAT[VES: Certain inequities and inconsistencies continue to exist in the LDR. Public Works Deparement/~n_ _nineednt Division Department Name City Attorney / Fit~snee / Human Resources S;~BULLETiN,,FORMS~AGENDA rrEM REQUEST FORM.DOC ORDINANCE NO. 03- V / F AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, OF THE CITY OF BOY'NTON BEACH CODE OF ORDINANCES, ENTITLED, "LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR THE CITY ENGINEER TO TAKE ACTION WITH RESPECT TO TECHNICAL SERVICES PROVIDED BY THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO; AND AMENDING PART IXI TO PROVIDE FOR THE DELETION OF OBSOLETE LANGUAGE, AND CLARIFICATION OF EXISTING PROVISIONS AS INDICATED IN EXHIBIT "A" ~TTACHED HERETO INCLUDING PROVISIONS ELATING TO OFF STREET PARKING, PLATTING OF r :~..)PERTY, LAND DEVELOPMENT PERMITS, LANDSCAPING AND TECHNICAL SERVICES TO BE PROVIDED BY THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS AND THE PROCESSING OF APPLICATIONS FOR PERMITS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission for the City Of Boynton Beach, Florida ("City Commission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and consolidated the City's regulations governing the use and development of land and property within the City, in the best interest of the City, .its residents, property owners, and visitors; and WHEREAS, the City Commission revised and consolidated the City's Land Development Regulations ("LDR's") into a comprehensive part of the City Code of Ordinances for ease of use and reference, as stated in Part 3 of the Code of Ordinances of ordinances of the City Of Boynton Beach, Florida; and S:\CA\Ordinanccs\LDR Chan$~skiraft LDR Ord 050803.nf WHEREAS, certain LDR's which established criteria, standards and specifications require periodic amendments; and WHEREAS, certain segments of the LDR's which require determination for the ~ssuance of permits, signed statements, and permit approval are issued, signed and approved by the Development Director; and WHEREAS, the City Commission, in conjunction with the City Administration, created the Department of Engineering, effective October 1, 1999, to be headed by an Engineering Director; and WHEREAS, the City Commission, in conjunction with the City Administration, realigned the Department of Engineering into being the Engineering Division of the Department of Public Works, effective October l, 2002, to be headed by the City Engineer; and WHEREAS, the City Commission adopted Ordinance Number 02-033 on August 20, 2002, that revised numerous requirements of the LDR's as they then existed, requiring certain approvals, determinations, and directives, associated with technical services, to be issued by the City Engineer; and WHEREAS, other requirements of the LDR's as they currently exists, require certain approvals, determinations, and directives, associated with technical services, to be also issued by the City Engineer. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY O1~ BOYNTON BEACH, THAT: Section 1. That Part III, entitled "Land Development Regulations" of the Code of Ordinances of the City Of Boynton Beach, Florida, be, and the same is hereby amended to S:\CA\Ordinances\LDR Changes~raft LDR Ord 050803.rtf ~rovide that the title, "City Engineer" shall be inserted throughout Part III as indicated in :.xhibit "A" which is attached hereto, and incorporated herein by reference. Section 2. That Part III, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended so as to designate that actions associated with technical services provided by the Engineering Division of the Department of Public Works, shall be performed by the City Engineer and not the Development Director as indicated in Exhibit "A" which is attached hereto, and incorporated herein by reference. Section 3..- That Part III, entitled "Land Development Regulations" of the City Of Beach Code of Ordinances, be, and the same is hereby amended to provide for the of oos~iete language, clarification of provisions, renumbering, and relettering of Part "Land Development Regulations" of the City Of Boynton Beach Code of Ordinances, as indicated in Exhibit "A" which is attached hereto and incorporated herein by reference. Section 4. Each and every other provision of the Land Development Regulations 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 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. Should any section of any provision of this Ordinance or portion hereof, any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid, such-decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby granted to codify this Ordinance. Section 8. This Ordinance shall become effective immediately upon passage. S:\CA\Ordinances\LDR Chanses~draft LDR Ord 050803.r~f FIRST READING is hereby approved by the City Commission of the City Of Beach on First Reading this ~ c" day of Y'"~,(( ~.j ,2003. APPROVED BY TIlE CITY OF BOYNTON BEACIt CITY COMMISSION at ;econd Final Reading and Passage this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: City Clerk CORPORATE SEAL) S:\CA\Ordinances\LDR Chang~'~traft LDR Ord 050803.rtl EXHIBIT "A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III CHAPTER 1 GENERAL PROVISIONS ARTICLE ii - DEFINITIONS LAND DEVELOPMENT PERMIT- A permit issued by the Dir=:.~r v,~cr'...v .... · .~,vr,,,v---' ..... ' City. En_.~'nee__.~r prior to commencement of construction of required improvements aRer final record plat approval by the City. CHAPTER 2 ZONING Sec. 11. Supplemental regulations. H. PROVISION OF OFF-STREET PARKING SPACES. 2. For all required residential district parking spaces not within an enclosed garage, the first parking space shall be a__the minimum of t~'e!:': ,--.--, fca*. !~.'Ig the cullt~rlt cit3t sto_n_dard for a handicap space, exclusive of public or private right-of- way. All other spaces wh~r¢ multiple vehicle parking is required shall be fcc*. ':~ ~'-~ ~; ~*~' t~ o~ r~, ~-~ provided in accordance with current ci~ standards exclusive of public or private right-of-way. All spaces, regardless of size, mu~t comply with all provisions of the Land Development Regulations, and shall be maintained and drained so as to prevent nuisance or danger to the public and/or adjacent property owners. S:\CA\Ordinances\LDR Changcs~raft LDR Ord 050803.rtf L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE PRODUCTS. 3 .d: Driveways (1) No driveway shall be located less than cn~ ~...~.~.4 ,~ ,~ ~^~ ~, those distances delineated in Chapter 6, Article IV, Section 1 (Access) or as delineated in Chapter 23, Article II, Section H.3., from the intersecting right-of-way lines of public streets. CHAPTER 5 PLATTING ARTICLE V. - PLAT PREPARATION AND APPROVAL Sec. 1. Preparation of final plat. To obtain approval for a subdivision in the City Of Boynton Beach, the developer shall submit both a preliminary and a final plat to the city engineer, shall notify the planning and zoning director, and shall post surety as outlined in Section 2, paragraph A2, and Chapter 7, Article 1, Section 3, may payable to the City Of Boynton Beach, together with restoration surety, as outlined in this Article, Section 2, paragraph A3, prior to placing final plat approval on a City Commission agenda. The preliminary plat shall meet the requirements of the final plat, except that it shall be submitted without the required signatures and seals. In may also be submitted without maintenance and use covenants, condominium documents, deeds, or other legal documents not related to the survey or engineering design of the project. No improvements, including streets, drainage and the like, shall be accepted and maintained by the city unless and until the final plat has been approved by a professional survey and mapper, and the city engineer, as well ~ the City Commission; duly recorded; and all required improvements are completed, both public and private. D. 7. SURVEY DATA. The final plat shall show the length of all arcs together with central angles, radii, and points of curvature including, but not limited to, block comer radii. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement and all other areas shown on the plat and all areas shall be within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include: S:\CA\Ordinances\LDR Changes~draft LDR Ord 050803.rff a. The scale, both stated and .graphically illustrated, shall be shown on each sheet. b. A prominent north arrow shall be drawn on every sheet included showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend, ac_. The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters. d. All intersecting street lines shall be ioined to form required safe sight comers. pursuant to city sta_ndards, and all dimensions shall be shown. e. All adioining property shall be identified by a subdivision name, plat book and ~E2_~:.~ed, the land shall be so desire'tared. f. Pe~ianent reference monuments shall be shown in the manner prescribed by Chapter 177, Fla. Stat., as amended. All information pertaining to the location of"P.R.M.s" shall be indicated in note form on the plat. Permanent Control Points and Pcn-nanent Reference Monuments shall be designed and set as prescribed by Chapter 177, Fla. Stat., as amended.. I~.~ Reserve on each sheet of the plat a three by five (3 x $) inch space in the upper fight-hand comer to be used by the clerk of the circuit court for recording information. ~.h. The map shall mathematically close within one hundredth (.01) feet and shall be accurately tied to all township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter section comer, section comer or government comer. i. The initial point in the description shall be accurately tied to the nearest quarter: section comer or government comer. Each government comer being used shall be identified. If, the subdivision being platted is a re-subdivision of a previously recorded subdivision, then a tie. to a Permanent Reference Monument fi.om the parent plat is sufficient. If the subdivision is a re.: subdivision of a part of a previously recorded subdivision, sufficient ties to controlling lines. appearing on the parent plat must be provided to permit an overlay. The position and orienl ation of the plat shall conform to the Florida State Plan Coordinate System in the manner established by the City En~neer and prescribed in the Engineering Division's Design Handbook and associated forms.. ~L. The coyer sheet or first page of the plat shall show a vicinity sketch, showing the subdivision location in reference to other areas of the city. k. A complete legend of abbreviations shall be shown.. 1. All letterin on the lat shall be at a minimum 0.10 of an inch in hei' t. S:\CA\Ordinanc¢$\LDR Chan$¢$Xdraf~ LDR Ord 050803.rtl m. The plat boundatw and all parcels shown on subdivision plats intended to be conveyed in fee title shall be delineated by solid lines. n. Lines intersecting curves shall be noted as radial or non-radial as the case may be. o. A note addressing any abandoned underlying lands or easements, including record information, shall be shown. p. Tabulation of Survey Data: (1) The use of tangent tables is not permitted. However, at the discretion of the City Engineer on a case by case basis, the use of a tangent table to reflect comer clip (safe sight) chords may be permitted if deemed necessary to meet requirements of nearness and clarity of the plat. Scale factors shall not be considered. Such tables, when permitted, must appear on the map sheet to which they refer and tangents shall be numbered consecutively through the entire presentation. (2) Curve data may be tabulated subject to the following conditions or exceptions: (a) External boundatw or centerline curve data may not be tabulated. (b) Where data is tabulated, a minimum of the arc length and the curve designation number or letter will be shown on the site. (c) Curve tables reflecting the tabulated data will appear on the map sheet on which the curves appear. D. 7.5 LOT AND BLOCK IDENTIFICATION. Each lot and block shall be numbered or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block. Blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision. ARTICLE VII. - LAND DEVELOPMENT PERMIT A land development permit shall be required prior to commencement of construction of required improvements, except as provided in Chapter 6, Article I, Sec. 2. The land development permit shall be issued by the .u.~,^. ~-.~ .... , .....· ~'~- .... ; ........~*~'; ..... ;+~' '~ city engineer, in conjunction with approval of and agreement for construction of required improvements, and after, formal approval of the final plat by the City Commission. The effective date of the land development permit shall be the date the city engineer signs it. The land development permit shall expire not more than twelve (12) months from the effective date, unless extended by the city en~neer. As a final step in the review procedures to obtain development approval under this article, the developer shall have prepared and shall submit, prior to expiration of the technical compliance, a request for the land development permit, fhe application for the land development permit shall be accompanied by the required fee and the S:\CA\Ordinances\LDR ChansesXdraft LDR Ord 050803.rtl required number, as determined by the city engineer, of the following documents applicable to the subdivision or approved phase thereof: A. FINAL PLAT. Developments which are platting shall submit the final plat complying with Article V of this Chapter, and a check for the plat recordation, payable to the Clerk of the Circuit Court of Palm Beach County, in the required amount. B. CERTIF~D SURVEY. Developments for which the requirement to plat has been waived pursuant to this Chapter shall submit a check payable to the Clerk of the Circuit Court of Palm Beach County for the recordation of the survey. When construction plans are not required, the certified survey may be recorded without further review, provided, however, that the city engineer shall review any do.c~?" ~nts submitted in compliance with paragraph "C" below. C. MAINTENANCE AND USE DOCUMENTS AND OTHER DOCUMENTS. A copy of the maintenance and use covenants and any other documents required by the city engineer as a condition of Technical Compliance shall be submitted. The maintenance and use covenants shall include the maintenance responsibility for all common areas and improvements within the subdivision, md_ shall comply with all applicable requirements. D. CONSTRUCTION PLANS AND SUPPLEMENTAL ENGINEERING INFORMATION. Construction plans shall conform with the plans which received Technical Com~li_ance or, if modified, shall be accompanied by a written statement from the Developer's engineer which details, explains~ and justifies the modifications. Construction plans shall comply with the requirements of Chapter 6 and, prior to issuance of a land development vermit, shall have received all applicable approvals of requisite governmental agencies. E. DEVELOPER'S ACKNOWLEDGEMENT OF RESPONSIBILITY FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS. The request shall indicate whether the required improvements are to be constructed prior to recordation or after recordation of the plat or survey. When the required improvements are to be constructed after, r.e. cord~atio.n; the Developer shall submit a st~t~nent acknowledging responsibility tor comp~enon o~ sa~a required improvements. The statement shall be in the form contained in the latest version of Engineering Division's Design Handbook, and shall be executed by all owners shown on the applicable final plat. The statement shall be accompanied by a ~_~arantee for completion of required improvements, pursuant to Chapter 6. Said gn_~arantee shall meet the applicable requirements of paragraph "F" below .... F. GUARANTEES. All guarantees required pursuant to Chapter 6 shall be in one of the forms prescribed in the Engineering Division's Design Handbook or in an altemat~ form approved by the city attorney. The initial guarantee shall be in an amount eaual to one_ hundred ten ( 1 l 0) percent of the construction cost of the required improvements. The guarantee shall be in one of the following types: S:\CA\Ordinances',LDR Changcsklratt LDR Ord 050803.rlf 1. Cash Bond. Completion of the required improvements may be secured by cash deposited by the developer with the city or in an account subiect to the control of the city in accordance with an agreement on such deposit or account. The developer shall be entitled to receive any interest earned on such deposit or account. 2. Letter of Credit. Completion of the required improvements may be secured by a clean irrevocable letter of credit issued to the city in accordance with the city letter of credit policy. The expiration date of the letter of credit shall be at least three (3) months after the completion date for construction of the required improvements pursuant to the initial land development permit of any subsequent extension thereto. 3. Performance or surety bond. Completion of the required improvements may be secured by a performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. It shall guarantee that all work will be completed in full accordance with the approved land development permit. 4. Escrow deposit. Completion of the required improvements may be secured by an executed escrow agreement, between the Developer, a bank approved by the city, and the city as the third party beneficiary. The escrow agreement shall require that release of the funds, or any part thereof, shall be subject to city approval. Chapter 6 REQUIRED IMPROVEMENTS ARTICLE IV. - DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS Sec. 2. Alleys. Alleys shall be paved eighteen (18) feet wide in a minimum twenty-foot right-of-way for commercial and industrial use and shall have appropriate radii for the use intended. Alleys shall have inverted crowns with three-eights (3/8) inch per foot traversed slope. The alley grade shall not exceed fir: two and four-tenths percent ($ 2.40 %) or be less than forty-hundredths percent (0.40%) unless otherwise approved by the city engineer. Alley intersections and sharp changes in alignment shall be avoided and dead end alleys are prohibited. ARTICLE V. - CONSTRUCTION OF REQUIRED IMPROVEMENTS S:\CA\Ordinances\LDR Changes~lraft LDR (}rd 050803.rff Sec. 2 Administration of construction. A~er issuance of a land development permit by the,~,,,,~,v,'n; ...... v.~ ,,~ '~ .... · ~,vt-,-,---,~ ...... city engineer, a developer may construct the required improvements subject to obtaining all required permits. Construction shall be performed under the surveillance of, and shall at all times be subject to review by. the fiir~cto.~ . ...^c ~..--.v..-...-. ~ .... ~ .....· an~/cr. '~'~....~ city engineer or thei~ __his designee; however, this in no way shall relieve the developer and his or her Florida-registered engineer of the responsibility for administration, coordination and final compliance with the approved plans. specifications, law, etc. The d'~rector "+' '~ .... ~ ........ -~/~- *;'" city engineer or th~ his designee shall have the right to enter the property during the progress of construction. The developer's engineer shall submit construction progress reports at points of progress prescribed by the city engineer as well as final certification of completion of required improvements. The developer's enginc~: shall "oordinate joint reviews of construction with the city engineer or his designee. The city engin¢,~r, or his ~ designee, shall have the authority to stop work upon failure of the developer or his engineer to administer and/or coordinate the construction of the required improvements as prescribed by this ordinance. Sec. 6. Time Extensions. All required improvements shall be completed within ~ twelve (12) months of the date of issuance of the land development permit. Time extensions may be considered by the City Commission upon recommendation by the director ~*' ~ .... ' .....' : ...... ~*~*; ..... ;t~ **'~ city engineer, after the developer presents a written request for extension to the..~^ cr..~ ...^*'*~'~.-.. ~.....~....~;'~*~' ...~,'~...~ ......~...v....~..; ..... · city engineer at least thirty (30) days prior to the extenr.;..':n expiration of the existing permit. No time extension shall exceed one year. Chapter 7 SURETY ARTICLE I. - IN GENERAL Sec. 3. Types of surety. S:\CA\Ordinanccs\LDR Changes~draft LDR Ord 050803.rff C. PERFORMANCE OR SURETY BOND Performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. D. ESCROW (AGREEMENT) DEPOSIT An executed escrow agreement between the developer, a bank approved by the city and the city as the third party beneficiary may be established for this surety. The escrow agreement shall require that release of the funds, · or any part thereof, shall be subject to city approval. The agreement shall be in accordance with the city policy on such escrow a~eements. Chapter 7.5 ENVIRONMENTAL REGULATIONS ARTICLE II. - LANDSCAPE CODE Sec. 5. Particular Requirements. H. Point of access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public fights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and sm ~ ei~t (8) feet above pavement, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided they are located so as not to create a traffic hazard. Landscaping except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement or sidewalk or walk path. The triangular areas above referred to are: 1. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway fiv-3'tt-of-way or easement line and the public fight-of-way line with two (2) sides of each triangle being ten (10) feet in length, (or more when determined to be necessary by the,~,,'a .... · ~---r--,,-,,, city engineer) from the point of intersection and the third side being a line connecting the _end of the other two (2) sides. 2. The area of property located at a comer formed by the intersection of two (2) or more public fights-of-way with two (2) sides of the triangular area being thirty-five (35) feet in length along the abutting public fight-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. S:\CA\Ordinances\LDR Changes~dvaft LDR Ord 050803.rff 3. The area of property located at a comer formed by the intersection of two (2) or more public rights-of-way being a collector or arterial street, or any fight-of-way of higher classification than a local street, the two {2) sides of the triangular area shall be fifty 1'50) feet in len~h for the collector street, and one hundred tWenty (120) feet for the arterial street along the abutting public right-of- way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. CHAPTER 8 EXCAVATION AND FILL REGULATIONS ARTICLE III. - PERMITTING A. Permit application and review. Landowner or his agent shall secure a permit for work described in this chapter from the city engineer as follows: 3. Permit issuance. An excavating, filling and/or dredging permit or permit to construct within the public fight-of-way shall be issued by the city engineer prior to any work being performed. If the excavating, filling and/or dredging is a part of a land development permit application. ~ the permit shall be issued by the dirz,~tcr,,.^*' ,.,, ~ ..... ~.,,v...v..~' ..... * city engineer prior to any and all work being performed. ARTICLE IV. - CONSTRUCTION B. Inspections and reports. 1. Inspectigns by city. In connection with the adminisU'ation of this chapter, inspections shall be requested by the developer as prescribed by the '~ avt4tor--t~ city engineer if the construction is part of a land development permit, or by the city engineer or his designee if the construction is for excavation, filling and/or dredging or for work within the public fight-of-way of the project for which the permit is applicable. S:\CA\Ordinances\LDR Chanses~drafl LDR Ord 050803.rff Chapter 23 PARKING LOTS ARTICLE II. - REQUIRED IMPROVEMENTS H. Driveway. 3. Distance fi.om streets. Parking lot driveways shall be constructed at least thirty (30) feet fi.om the intersection of the right-of-way lines along local streets, fif~ (50) feet along collector streets, and one hundred ~ twenty~...v,~ ~ o,-,x (120) feet along streets of a higher classification. S:\CA\Ordinances\LDR Changes~raft LDR Ord 050803.rtl XlI, - LEGAL ri'EM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to q;ity Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 tNoon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: To amend Chapter 2," Administration" Section 2-16, referencing City Board qualifications. EXPLANATION: Curremly, the city does not have a standard procedure for the confirmation ora board applicants qualifications. The qualifications of City board members is an issue of great importance to the City Commission and in the best interest of citizens and residents of the City. PROGRAM IMPACT: Adoption of this Ordinance will set forth a standard procedure for the confirmation of board applicants qualifications. This will enhance thc integrity of the City's boards by reducing the possibility of an otherwise unqualified individual being appointed to a City Board. FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's S~gfi'ature // , ' Department Name F- CiW J, tt~ /[~inance/Human Resources S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, SECTION 2-16. REGARDING CITY BOARD MEMBERS QUALIFICATION; CREATING A NEW SUBSECTION (g) SETTING FORTH PROCEDURES FOR CONFIRMATION OF APPLICANTS AND BOARD MEMBERS QUALIFICATIONS; PROVIDING GROUNDS FOR REMOVAL FROM BOARDS; PROVIDING FOR CONFLICTS, SEVER. ABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the qualifications of board members is an issue of great importance to Commission; and WHEREAS, the City currently has no published procedure for confn'mation of ualifications; and WHEREAS, a procedure for confirmation of qualifications will enhance the integrity boards by reducing the risk of misrepresentation of qualifications; and WttEREAS, 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 2-16 set forth a procedure for confirmation of qualifications for board membership; and; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. "Administration" Section 2-16. is hereby amended by creating a new subsection "(g)" as follows: Sec. 2-16. City boards and commissions; minimum qualifications for appointments, membership. S :\CA\OrdinancesXAdministrat~ve\See 2-16 - Board Qualifications Confirmation. doe 1 (a) in order to qualify... N{X~9_.~On shall be ~~ha' ~he~, .,_ ~ shall be on ~I~810HeFs for ~°i~ent. a Ci' C°~issioner ma re ue uahficat~ons hsted b ~~ conF .... _ ~, oc a o~t~ . ,,,e memb~ . ~o~atton . ~~o h~ been - ~t~ b the Co~ission to for confi~ation shall be m~e b ~e Ci Co~ission~ a Ci Bo~ A Clerk shall m~e ~en re u ~bv law. a ~ doc~entation of the ~ualiff · · ~auon W~c~_ ~' ' ~ me Cler~'~ ,.~- atmn for ...... "~ ~n~adicts n~ c,;~ ,_ n r~ uest or who -~,~ ,o SUost~tiate the ~o is E~Oved fro· ..... , ~ rea oin~ent~ ~_ce~s s~t ~onh m ,, ~o~a t0r a effod ~ Each ~d eve~ Other provision of Chapter 2 o~ the Code o~ ~d~ces of~e Ci~ of BOSton Beach not herein sp~ifically ~ended shall remain in force ~d effect ~ previously enacted. ~ All ordin~ces or P~s of ordin~ces in conflict herewith be ~d the ~e hereby r~eal~. ~ Should any section o r p rovision oft~s °r~n~ce.o r p onion hereof, P~a~aph, sentence or Word be decided by a co~ of COmpetent J~sdiction to be 2 (a) in order to qualify... (~) No person shall be appointed to a City Board without the person first submitting an.applicati°n for appointment. No application for appointment shall be considered by the City Commission until the application form has been fully completed and signed by the applicant. All applications for appointment to a City Board shall be on a form authorized by the City Commission. The City Clerk shall review all applications for completeness prior to submitting them to the City Commissioners for consideration. Prior to appointment, a City Commissioner may request written confirmation of the qualifications listed by any applicant for appointment. When a request for confirmation of the qualifications is made by a City Commissioner prior to appointment, the appointment shall be delayed until the information requested iv submitted and made available to the members of the City Commission. No person shall be appointed to a City Board when that person is un_~able to substa~_tiate ~e, qualifications listed on their application. A member of the City Commission may request written confirmation of q~ali fication.~ of a person who has been appointed by the Commission to a City Board. A _re~! for confirmation shall be made by the City Commissioner to the City Clerk. The Cit3t Clerk shall make written request to the Board member. A copy of the Clerk's written request shall be provided to all members of the City Commission, Except as otherwise provided by law, a Board member who does not submit documentation of the qualifications listed on the Board member's application for appointment within thirty (30) days of receipt of the Clerk's written request, or who submits documentation which contradicts, negates, or fails to substantiate the information listed on the Board member's application sho!! automatically be removed from their Board position. A person who is removed from a City Board pursuant to the procedures set forth in this section shall not be subject to reappointment to any City Board for a period of thirty-six (36) months. 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 a ny se ction o r provision o f t his ordinance o r portion h ereo f, any paragraph, sentence or word be declared by a court of competent jurisdiction to be S:\CA\OrdinancesXAdrmnislratiL'e~Sec 2-16 - Boant Qualifications ConfirmaUOttdoc 2 nvalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6- 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 Commissioner 'EST: Clerk (CORPORATE SEAL) S:\C A\Ordinaneea~Adnunis~xativexSee 2-16 - Board Qualificatiotm Confirman°m3d~ XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk'~ Office [] April 1, 2003 March 17. 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: To amend Chapter 2," Administration" Section 2-16, referencing City Board qualific~s. EXPLANATION: Curremly, the city does not have a standard procedure for the confu'mafion of a board applicants qualifications. The qualifications of City board members is an issue of great importance to the City Commission and in the best interest of citizens and residents of the City. PROGRAM IMPACT: Adoption of this Ordinance will set forth a standard procedure for the confirmation of board applicants qualifications. This will enhance the integrity of the City's boards by reducing the possibility of an otherwise unqualified individual being appointed to a City Board. FISCAL IMPACT: ALTERNATIVES: ' ' " City Manager's Sl'g~ature Department Head's Signature Department Name ~"- Cibj ~tt~ / lSinance Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF ' THE CITY OF BOYNTON BEACH, FLORIDA, ',~ AMENDING CHAPTER 2 ADMINISTRATION, SECTION 2-16. REGARDING CITY BOARD MEMBERS QUALIFICATION; CREATING A NEW SUBSECTION (g) SETTING FORTH PROCEDURES FOR CONFIRMATION OF APPLICANTS AND BOARD MEMBERS QUALIFICATIONS; PROVIDING GROUNDS FOR REMOVAL FROM BOARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the qualifications of board members is an issue of great importance to City Commission; and WHEREAS, the City currently has no published procedure for confirmation of ualifications; and WHEREAS, a procedure for confirmation of qualifications will enhance the integrity City boards by reducing the risk of misrepresentation of qualifications; and 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 2-16 set forth a procedure for confirmation of qualifications for board membership; and; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, THAT: Section 1~ The foregoing whereas clauses are true and correct and are now ratified confirmed by the City Commission. Section 2. That Chapter 2. "Administration" Section 2-16. is hereby amended by a new subsection "(g)" as follows: Sec. 2-16. City boards and commissions; minimum qualifications for appointments, membership. ,:xCA\Ordinances'~AdmimStr'ative~Sec 2-16 - Board Qualifications Confirmation. doe 1 (a) in order to qualify... (g) No person shall be appointed to a City Board without the person first submitting ah application for appointment. No application for appointment shall be considered by the City Commission until the application form has been fully completed and signed by the applicant. All applications for appointment to a City Board shall be on a form authorized by the City Commission. The City Clerk shall review all applications for completeness prior to submitting them to the City Commissioners for consideration. Prior to appointment, a City Commissioner may request written confirmation of the qualifications listed by any applicant for appointment. When a request for confirmation of the qualifications is made by a City Commissioner prior to appointment, the appointment shall be delayed until the information requested is submitted and made available to the members of the City Commission. No person shall be appointed to a City Board when that person is unable to substantiate the qualifications listed on their application. A member of the City Commission may request written confirmation of qualifications of a person who has been appointed by the Commission to a City Board. A request for confirmation shall be made by the City Commissioner to the City Clerk. The City Clerk shall make written request to the Board member. A copy of the Clerk's written request shall be provided to all members of the City Commission. Except as otherwise provided by law, a Board member who does not submit documentation of the qualifications listed on the Board member's application for appointment within thirty (30) days of receipt of the Clerk's written request, or who submits documentation which contradicts, negates, or falls to substantiate the information listed on the Board member's application shall automatically be removed from their Board position. A person who is removed from a City Board pursuant to the procedures set forth in this section shall not be subiect to reappointment to any City Board for a period of thirW-six (36) months. Section2. 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 a ny se ction o r provision o f t his ordinance o r p onion h ereo f, any paragraph, sentence or word be declared by a court of competent jurisdiction to be S:\CA\OrdinancesXAdnUnistratii'e~Sec 2-16 - Boom Qualifications Confirmation. doc 2 such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. 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 BOY'NTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner' ,T: Clerk :ORPORATE SEAL) $:\CA\Ordina~:~kAdminislaativ~XS~: 2-16 · Board Qu~lificzliom Confirm~tion. do~ 3 · XII. - LEGAL ~ TI'EM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in tO City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June t6, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of first reading of the amendment to Chapter 13 Section 13-20 "Special Events" Ordinance. EXPLANATION: Upon City Commission request, Section 13-20 Special Events Ordinance has been amended to expedite the review, consideration and approval process of Special Event Permits. PROGRAM IMPACT: City Commission will no longer be required to review Special Event Permit applications that involve the following: the sale and/or disbursement of alcoholic beverages, any religious or political activity, any multi business related event, any gathering with an expected attendance of 250 or more people. The City Commission will provide authorization for the City Manager or his/her designee to approve all Special Events, providing for conflicts, severability, codification and an effective date. FISCAL IMPACT: None. ALTERNATIVES: City Commission continues to review certain Special Event Permit applications as noted in Ordinance 98-37. Department Hcad's Signature City Manager'sl Signature Recreation and Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13. LICENSES. SECTION 13-20 SPECIAL EVENTS, SUBSECTION (a) PERMITS FOR SPECIAL EVENTS. TO PROVIDE AUTHORIZATION FOR THE CITY MANAGER OR HIS/HER DESIGNEE TO APPROVE ALL SPECIAL EVENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTWE DATE. WHEREAS, by Ordinance 98-37, the Code of Ordinances was amended to provide :ertain Permits for Special Events to be reviewed and considered solely by the City Commission; and WHEREAS, in ,'.?der to expedite the review, consideration and approval process the City Commission deems :. :o be in the best interest of the citizens and residents of the City to Imaend Chapter 13. Section 13-20 (a) to allow the City Manager or his/her designee authority approve all Special Events. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, THAT: ;ection l. Chapter 13. Licenses. Section 13-20 Special Events, subsection (a) is hereby by adding the words and figures in underlined type and by deleting the words and in struck-through type, as follows: Sect. 13-20. Special Events. (a) Permits for special events. (-t4It shall be unlawful to organize, conduct or participate in any special event on the streets of the city or at any of the city's outdoor recreation facilities unless a permit for such special event has been issued by the City Manager or his/her designee:, b.Any ....~, .....P ............. th: CiV/ 5:\CA\Ordinances~glministrat~ve\Sec~on 13-20 - S0ecial Events Amendment.doc ;ection 2. Each and every other provision of Chapter 13 of the Code of Ordinances of ae 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. tion 4. Should any section or provision of this ordinance or portion hereof, any )aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, decision shall not affect the remainder of this ordinance. tion 6. Authority is hereby granted to codify said ordinance. 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 T: Commissioner Clerk Commissioner SEAL) 13-20 - Special Events Amendment.doc Xll. - LEGAL TTEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Date~ ' in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May tg, 2003 (Noon) [] Aptsl 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) _~. [] Admmistrative [] Legal NATURE OF [] Anaouncement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Commission Agenda under Legal, Ordinance - First Reading. On January 7, 2003, the City Commission with a unanimous vote, recomn~nded that the subject request be approved for transmittal to the Florida Department of Community Affairs. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-266. EXPLANATION: PROJECT: Seacrest Scrub (LUAR 02-012) AGENT: City-initiated OWNER: Palm Beach County LOCATION: South Seacrest Boulevard approximately % mile north of the intersection of Gulfstream Boulevard DESCRIPTION: Request to reclassify the subject property from Recreational (R) to Conservation (CON). A request to rezone from Recreation (REC) to Environmentally Sensitive Land (ESL) will be brought forward at a future date.· PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~. ~/~ ~ Developmm~ 15epa~ent Director City Manager's Signature Planning and ~onmgd/l~ector City Attorney / Finance / Human Resources jSSHRDATA~PlanningkSHARED\WP~ROJECTS~CRUB~EACRESTxLUAR~Agenda Item Request Form 6-03-03.dot ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT SOUTH SEACREST BOULEVARD, KNOWN AS SEACREST SCRUB; 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 RECREATIONAL (R) TO CONSERVATION (CON); PROVIDING FOR CONFLICTS, SE% ~R.ABILITY, 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 ~est interest of the inhabitants of said City to amend the aforesaid Element o fthe Somprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I~HE 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 Conservation (CON). Said land is more particularly described as follows: That part of the Southwest quarter of Government Lot 2 lying west of the Florida East Coast Railway fight-of-way, together with the South half of Government Lot 3, the Southeast quarter of Government Lot ~,, that part of the North quarter o f the Southwest quarter of the Northeast quarter o f Section 4; lying West of the Florida East Coast Railway fight-of-way; and the North quarter of the Southeast quarter of the Northwest quarter of Section ,~, all lying in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida: EXCEPTI~TG THEREFROM that part of Government Lot 4 lying within an 80-foot road fight-of-way as conveyed to the county of Palm Beach in Deed book 901, page 234. (PCN 08-43-46-04-00-002-0010) Section 2: That any maps adopted in accordance with the Future Land Use Element be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby )ealed. Section 4: 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 remainder of this Ordinance. Section 5.: This Ordinance shall take effect on adoption, subject to the review, or appeal provisions provided by the Florida Local Government Comprehensive and Land Development Regulation Act. No paxXy shall be vested of any fight by ~ of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is stablished by state law or special act, the provisions of state act shall control. FIRST READI2qG this ~ day of ., 2003. \CA\Ordin&nces\~m£ng\b~nd ~le\$e&c=eet $crui~ ~&nd Use.do~ SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: Clerk Seal) ~\CA\Ordinances\gl&nning\band Uge\Seecres: Scru~ Land Usa.doe DEVELOPMENT DEPARTMENT PLANNZNG & ZON'ZNG DI'V1~S1~ON MEMORANDUM NO. PZ 02-266 TO: Chairman and Members Planning ~elopment Board FROM: Dick Huds~?$enior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November 1_8, 2002 PR, O3ECT DESCRZPTZON Project: Seacrest Scrub Land Use AmendmenrJRezoning Agent: City-initiated Owner: Palm Beach County Location: South Seacrest Boulevard approximately 1/4 mile north of the intersection of Gulfstream Boulevard File No: Land Use Amendment/Rezoning (LUAR 02-01_2) Property Description: Vacant property consisting of +53.69 acres, classified Recreational (R) and zoned REC Recreation Proposed change/use: To reclassify the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to Environmentally Sensitive Land (ESL). Adjacent Land Uses and Zoning: North: (Northwest) Developed single-family homes designated Low Density Residential (LDR) with a maximum density of 4.84 du/ac and zoned RI_AA (single-family residential at a density of 5.40 du/ac. (Northeast) Developed residential uses designated Medium Density Residential (MeDR) with a maximum density of 9.68 du/ac, and zoned R-2 (Duplex residential) with a maximum density of 9.68 du/ac. South: Single family homes developed with land use and zoning similar to that lying north of the property. (Northwest) Developed single-family residential designated Low Density Residential (LDR) with a maximum density of 4.84 du/ac and zoned RIAA (single-family residential at a density of 5.40 du/ac. (Northeast) Developed residential designated Medium Density Residential (MeDR) with a maximum density Page 2 File Number: LUAR 02-0~.2 Seacrest Scrub of 9.68 du/ac, and zoned R-2 (Duplex residential) with a maximum density of 9.68 du/ac. East: Rights-of-way of the Florida East Coast Railroad and Old Dixie Highway, then comme~.~:ial development-those properties lying within the City of Boynton Beach are designated General Commercial (GC) and zoned C-4 General Commercial; those properties lying within the unincorporated area of Palm Beach County have the county equivalent land use and zoning. West: Right-of-way of Seacrest Boulevard, then developed single-family homes (Chapel Hill) designated Low Density Residential (LDR 4.84 du/ac) and zoned R-I-AAB Single Family Development. PROPQSED I)~E OF THE PROPERTY The property will remain a permanently preserved native Florida ecosystem, available to the public for passive, natural resource-based outdoor recreation and education. A management alan for the property is in place and the County has developed a parking and interpretive area on the site, which facilitates public access and enjoyment of the natural area. ZNTRODUC'rZON In :~993, the City of Boynton Beach and Palm Beach County entered into an interlocal agreement for the acquisition and management of the Seacrest Scrub Ecosite. Under terms of that agreement, the City was required to amend the land use and zoning to designate the property for use as a "CONSERVA'r]:ON" area. At that time the City's Comprehensive Plan had a "CONSERVA'r~ON OVERLAY", which was placed over the future land use designation of all Type "A" and Type "B" ecosites; it did not have a specific "CONSERVATION" land use or a corresponding zoning catego~. The City's "RECREATIONAL" land use classification and "RECREA'I'~ON" zoning designation were considered by the City as appropriate to this end since the definition of the "RECREA'I'[ON" zoning designation as specified in Chapter 2, Zoning, Section 5.]~.(~.).(d). provides for "Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open space reasons." The land use amendment to RECREAT'[ONAL for this property was a part of the EAR-based Comprehensive Plan amendments in 2000. The rezoning to "Recreation" took place in April 2001~. At the request of the Palm Beach County Department of Environmental Resources Management (DERI~I), the City is adding a "CONSERVA'I'~ON" land use to the Comprehensive Plan and a corresponding Environmentally Sensitive Land (ESL) zoning district in order to complete the process, as required by the interlocal agreement. PRO3ECT ANALYSZS The parcels, which are the subject of this land use amendment, total ±53.69 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment.. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the slate, regionai and local comprehensive plans prior to adoption. Following the review pedod of approximately 60 days, Page 3 File Number: LUAR 02-012 Seacrest Scrub DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment ~cles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in The Land Development Regulations, Chapter 2, Section 9, Adrnini~rat/on and Enforcement, Item C. Comprehensive Plan Amendments: Rezoning$. 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. Staff has analyzed the amendment and rezoning utilizing the requisite criteria and finds both to be supported by this analysis. The proposed amendment is a requirement of the [995 intedocal agreement for the acquisition and management of the scrub between the City of Boynton Beach and Palm Beach County. Concurrent with this Future Land Use Map amendment, the City is amendi~-~ ~e text of the Comprehensive Plan Future Land Use Element to add a "Conservation (CON)" land use Classification. That language reads as follows: Conservat/on: The City shall apply a Conservation (CON) land use category to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife management, passive recreation and environmental restoration/protection. These natural areas may include site improvements to support uses that are deemed appropriate and consistent with the function of the designated area. The City shall coordinate with Palm Beach County to designate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. The City is also adding a zoning category, Environmentally Sensitive Land (ESL), to the zoning code, and will apply that zoning to the property. CONCLUSZONS/RECOMM ENDAT[ONS 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 within Exhibit "B" and incorporated into the ordinances accordingly. A'I-I'ACH M ENTS ]:\SHRDATA\P~'ming~SHARED\WP~PRO..1C-C'I'~'~SC~UB'~L~ REPORT LUAR.doc Location Map SEACREST SCRUB - -~.:~~ __ : NIC C3 " -- City Boundary $ XII. - LEGAL ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Me~ting Dates ~ in tO City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 3t, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Pres~tation [] Consent Agenda [] Public Hearing ."o [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Cou~aission Agenda under Legal, Ordinance - First Reading. On January 7, 2003, the City Commission with a unanimous vote, reco~-~aended that the subject request be approved for transmittal to the Florida Department of Commumty Affairs. For further details pet'taming to the request, see attached Department of Development Memorandum No. PZ 02-267. EXPLANATION: PROJECT: Rosemary Scrub (LUAR 02-011) AGENT: City-initiated OWNER: Palm Beach County LOCATION: Northwest corner of the intersection ofN. Seacrest Boulevard and Miner Road DESCRIPTION: Request to reclassify the subject property from Recreational (R) to Conservation (CON). A request to rezone from Recreation (REC) to Environmentally Sensitive Land (ESL) will be brought forward at a future date. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Deve'l~pment l~ep~tn~nYl~ector ~2ity ~ger's Si~e Planning and Zonix~ Director City Attorney / Finance / Human Resources j:LSHRDATA~PlanningXSHARED\WPLOROJECTSLSCRUB~ROSEMARY~UARLAgenda Item Request Form 6-03-03.dot DEVELOPMENT DEPARTMENT PLANN]:NG & ZON]:NG DZV]:S]:ON MEMORANDUM NO. PZ 02-267 TO: Chairman and Members Planning and Deve~lo~m/~t Board FROM: Dick Hudson, Ser~fl~-Planner THROUGH: Michael W. Rumor ' Director of Planning and Zoning DATE: Nove,~, oer 18, 2002 PRg,IECT DE$CR:~P11:ON Project: Rosemary Scrub Land Use Amendment/Rezoning Agent: City-initiated Owner: Palm Beach County Location: Northwest corner of the intersection of N. Seacrest Boulevard and Hiner Road File No: Land Use Amendment/Rezoning (LUAR 02-011) Property Description: Vacant property consisting of +_~.3.59 acres, classified Recreational (R) and zoned Recreation (REC) Proposed change/use: To reclassify the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to · Environmentally Sensitive Land (ESL). Adjacent Land Uses and Zoning: North: Developed Single-family homes designated Moderate Density Residential (LDR) with a maximum density of 7.26 du/ac and zoned R-1 (single-family residential at a density of 7.26 du/ac). South: Single-family homes designated Moderate Density Residential (LDR) with a maximum density of 7.26 du/ac and zoned R-1 (single-family residential at a density of 7.26 du/ac). East: Right-of-way of Seacrest Boulevard then developed single-family housing designated Moderate Density Residential with a maximum density of 7.26 du/ac and zoned R-l_ (single-family residential at a density of 7.26 du/ac). Page 2 File Number: LUAR 02-011 Rosemary Scrub West: Right-of-way of 1-95. Farther west, developed property in the High Ridge Commerce Park P1:D designated 1Industrial (1:) and zoned Planned Industrial Development PROPOSED U~E OF THE PROPERTY The property will remain a permanently preserved native Florida ecosystem, available to the public for passive, natural resource-based outdoor recreation and education. A management plan for the property is in place and the County has developed a parking and interpretive area on the site, which facilitates public access and enjoyment of the natural area. INTRODUCTZON In 1993, the City of Boynton Beach and Palm Beach County entered into an intedocal agreement for the acquisition and management of the Rosemary Scrub Ecosite. Under terms of that agreement, the City was required to amend the land use and zoning to designate the property for use as a "CONSERVATION" area. At that time the City's Comprehensive Plan did have a "CONSERVATION OVERLAY", which was placed over the future land use designation of all Type "A" and Type "B" ecosites; it did not have a specific "CONSERVATION" land use or a corresponding zoning category. The City's "RECREATIONAL" land use classification and "RECREATION" zoning designation were considered by the City as appropriate to this e~d since the definition of the "RECREATION" zoning designal~on as specified in Chapter 2, Zoning, Section 5.I.(1).(d). provides for "Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open space reasons." The land use amendment to RECREATIONAL for this property was a part of the EAR-based Comprehensive Plan amendments in 2000. The rezoning to 'Recreation" took place in April 2001. At the request of the Palm Beach County Department of Environmental Resources Management (DERM), the City is adding a "CONSERVATION" land use to the Comprehensive Plan and a corresponding Environmentally Sensitive Land (ESL) zoning district in order to complete the process, as required by the intedocal agreement. PRO3ECT ANALYSZS The parcels, which are the subject of this land use amendment, total acre. Because of the size of the property under consideration, the Flodda Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Flodda Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (:1.) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Flodda Statutes Chapter ].63, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. Page 3 File Number: LUAR 02-0II Rosemary Scrub The criteria used to review Comprehensive Plan amendments and rezonings are listed in The Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive P/an 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. Staff has analyzed the amendment and rezoning utilizing the requisite criteria and finds both to be supported by this analysis. The proposed amendment is a requirement of the 1995 interlocal agreement for the acquisition and management of the scrub between the City of Boynton Beach and Palm Beach County. Concurrent with this Future Land Use Map amendment, the City is amending the text of the Comprehensive D'an Future Land Use Element to add a "Conservation (CON)" land use classification. T: : language reads as follows: Conserva~'~"" The City shall apply a Conservation (CON) land use category to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife management, passive recreation and environmental restoration/protection. These natural areas may include site improvements to support uses that are deemed appropriate and consistent with the function of the designated area. The City shall coordinate with Palm Beach County to designate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. The City is also adding a zoning category, Environmentally Sensitive Land (ESL), to the zoning code, and will apply that zoning to the property. CONCLUS]:ONS / RECOM MEN DATZONS 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 developme.nt 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 within Exhibit "B" and incorporated into the ordinances accordingly. AI-FACHMENTS \\C~\MA~N\SHROATA\Planning\SHARED\WIa~pRO.IECT'S~UB\ROSEMARY~LUAR\STAFF REPORT LUAR.ClO¢ Location Map ROSEMARY SCRUB ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERESECTION OF N. SEACREST BOULEVARD AND MINER ROAD, KNOWN AS THE ROSEMARY SCRUB; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESC~_~BED HEREINAFTER; THE LAND USE DESIC": :kTION IS BEING CHANGED FROM RECRL ~'tONAL (R) TO CONSERVATION (CON); PROV~;...~ 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 a mend t he aforesaid Element o f t he 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. ;:\CA\O£d~n~nces\P~inn~ng\l,lnd ~se\nosem~r¥ scrim ~and ~se.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 Conservation (CON). Said land is more particularly described as follows: A parcel of land lying in Sections 9 and 16, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: rom the Southeast comer of thc Southwest Quarter (SW ¼) of said Section 9 nm North 90© 0' 00" West along the South line of said Section 9 a distance of 40.00 feet to the Point of of the herein described parcel of land; continue thence North 90° t30' 00" West a ~ of 68.59 feet; thence due South a distance of 40.00 feet; thence due East a distance !45.88 feet to the point of curvature ora curve concave to the Southwest having a radius of thence Southeasterly along the arc of said curve through a c~-ntral angle of 87° 57' 15" a distance o f 3 8.38 feet t o a point o n t he Westerly Right-of-Way Iine of Seacrest and point of tangency of said curve; thence South 02° 02' 45" East along said t Right-of-Way line a distanced of 75.88 feet; tht~c¢ South 87° 5'/' 15" West along South line of Lot 10, Block 20, of Rolling Green Ridge, 1~ Addition, a~ record~ in Plat 24, at Page 223, of the Public Records of Palm Beach County, Florida, a distance of feet; thence along the North line of said Plat of Rolling Green Ridge, South 52° 20' 15" West a distance of 75.79 feet; thence North 50° 50' 05" West a distance of 77.39 feet; North 90° 00' 00" West a distance of 130.42 feet; thence leaving said North line 02' 45" West along a line parallel to Seacrest Boulevard a distance of 140.08 feet a point on the South line of said Section 9; thence North 01° 32' 45" East along a line ~arallel to Seacrest Boulevard a distance of 658.72 feet to a point on the North line of the outh half (S V2) of the Southeast Quarter (SE 74) of the Southwest Quarter (SW ¼) of said ,ection 9; thence along said North line South 89° 58' 45" East a distance of 324.05 feet to a ,int on the Westerly Right-of-Way line of Seacrest Boulevard, an 80.00 foot wide road thence South 01° 32' 45" West along said Westerly Right-of-Way line a ;tance of 658.62 feet to the Point of Beginning. AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY: ~arcel of land lying in Section 9, Township 45 South, Range 43 East, Palm Beach County, being more particularly described as follows: the Southeast comer of the Southwest Quarter (SW ¼) of said Section 9; thence due along the South line of said Section 9, a distance of 40.01 feet to a point of :ections with a line parallel with and 40.00 feet at right angles to the East line of the ;outhwest Quarter (SW ¼) of said Section 9; thence North 01° 32' 45" East along said arallel line a distance of 40.01 feet to a point of intersection with a line parallel with and )0.00 feet at right angles to the South line of the Southwest Quarter (SW 1/4) of said Section 9 ~\CA\Ordinancel\~lanning\~and ~le\Hole~l~ $¢ru~ hand and the Point of Beginning of the herein described parcel; thence continue North 01° 32' 45" East along the West Right-of-Way line of Seacrest Boulevard, as now laid out and in use, a :listance of 250.00 feet; thence due West a distance of 175.00 feet; thence South 01 o 32' 45" West a distance of 250.00 feet; thence due East a distance of 175.00 feet to the Point of Beginning. Parcel I. D. Nos. 08-43-45-09-00-000-7080; 08-43-45-09-00-000-7090; 08-43-45-16- )1-020-0100; 08-43-45-16-00-000-3100; and 08-43-45-16-00-000-3110.) Section 2: That any maps adopted in accordance with the Future Land Use Element ~hall 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 take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive ?lanning and Land Development Regulation Act. No party shall be vested of any right by ~irtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is :stablished by state law or special act, the provisions of state act shall control. FIRST READING this __ day of ,2003. Lind ~se.doc SECOND, FINAL READING and PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ~Corporate Seal) ;~\CA\Ordinancel\;Lanning\~and UI~I\~OI~Iti~7 Scr~]~ ~i~d Ull.dO~ XII. - LEGAL ITEM B.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City comrmssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates ~ in to Qity Clerk's Office Mcetin~ Dates in to City Clerk's Office [] 'April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6,2003 April l4, 2003 (Noon) [] Julyl,2003 Junel6.2003(Noo~ne~.,_: .~. [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noo?~.. -' NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation q9 .-. [] Consent Agenda [] Public Hearing c., -:... [] Code Compliance/Legal Settlements [] Unfi~hed Business RECOMMENDATION: Please place this request on the June 3, 2003 City Commission Agenda under Legal, Ordinance - First Reading. On January 7, 2003, the City Commission with a 3-2 vote recommended that the subject request be approved for transmittal to the Florida Department of Community Affairs. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-277. EXPLANATION: PROJECT: Arbolata Townhomes (LUAR 02-009) AGENT: William Weitsma, William Weitsma Company., Inc. OWNER: William H. Baker, Trustee LOCATION: 3450 South Congress Avenue DESCRIPTION: Request to reclassify the subject property from Industrial (I) to High Density Residential (HI}R) at a density of 10.8 du/ac, m order to construct 172 fee-simple townhouses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A '- ~}evel~ment ~)epartment Director Citylglanager's Signature t./- - Plannmg~d Zon]~ Director City Attorney / Finance / Human Resources J:\SHRDATA~PlanningXSHARED\WPXPROJECTSXArbolata TownhomesXLUAR 02-009XAgenda Item Request Form 6-03-03.dot ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF S. CONGRESS AVENUE AND SW 35m AVENUE (ARBOLATA TOWNHOMES); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTLrRE 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 INDUSTRIAL (I) TO HIGH DENSITY RESIDENTIAL (HI)R); PROVIDING FOR ~'NFLICTS, SEVERABILITY, AND AN EFFECTIVE 'rE. 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 Element by Ordinance No. 89-38 in accordance with the Local Government Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a ve 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 interest of the inhabitants of said City to amend the aforesaid Element of the Plan as adopted by the City herein. NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section l' The foregoing WHEREAS clauses are tree and correct and Irated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the ~=\CA\Ord£nance8\P~anning\Land ~se\Ar~o~a=a .~a~d following: That the Future Land Use of the following described land shall be designated as High Density Residential (HDR). Said land is more particularly described as follows: A TRACT OF LAND LYING IN THE SOUTHWEST QUARTER (S.W. 1/4) OF THE NORTHWEST QUARTER (N.W. 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 1°08'20" EAST, AN ASSUMED BEARING, ALONG THE WESTERLY BOUNDARY OF SAID SECTION BEING ALSO THE CENTERLIN OF CONGRESS AVENUE, 572.10 FEET TO A POINT; THENCE RUN DUE EAST, PARALLEL WlTH THE SOUTHEKLY BOUNDARY O F T HE AFORESAID NORTHWEST QUARTER [N.W. 1/4), 53 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE DUE EAST, 1300.32 FEET TO A POINT IN THE EASTERLY BOUNDARY OF THE AFORESAID SOUTHWEST QUARTER (S.W. 1/4) OF THE NORHTWEST QUARTER (N.W. 1/4), THENCE SOUTH 1°05'30'' WEST, ALONG SAID EASTERLY BOUNDAI}__Y_, 1572.11 FEET TO ,,A POINT, THENCE DUE WEST, 1300.84 FEET TO A POINT; THI/NCU ~NORTH 1°05'30 EAST, 572.10 FEET TO THE POINT OF BEGINNING, LESS THE 30 FEET THEREOF AND LESS THE ROAD RIGHT OF WAY FOR AVENUE. CONTAINING 16.0871 ACRES MORE OR LESS. (PCN 08-43-46-05-00-000-3030) Section 2: That any maps adopted in accordance with the Future Land Use Element be am~ded accordingly. Section 3: All ordinances or pans of ordinances in conflict herewith are hereby Section 4~. 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 remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, axe exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of ,2003. Si rD, FINAL REA~" -~'4G and PASSAGE this ~ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: City Clerk iCorporate Seal) ~:\CA\Ordinances\Planning\Land Use\Arbolaca Land Use.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-277 TO: Chairman and Members Planning~pment Board FROM: Dick Huds~,~ni~ THROUGH: Michael W Rumpf' Director of Planning and Zoning DATE: December 3, 2002 PRQ]ECT DESCRIPT/ON Project/Applicant: Arbolata Townhomes/William Wietsma Co., Inc. Agent: William Wietsma Owner: William H. Baker, Trustee Location: Southeast corner of S. Congress Avenue and SW 35m Avenue File No: Land Use AmendmentJRezoning (LUAR 02-009) Property Description: Vacant property consisting of :[6.087 acres, classified Industrial (1~) and zoned M-1 l~ndustrial. Proposed change/use: To reclassify the subject property from Industrial (D to High Density Residential (HDR) at a density of 10.8 du/ac, and rezone from M-1 Industrial to PUD Planned Unit Development, in order to construct 172 fee-simple townhouses. Adjacent Land Uses and Zoning: North: Right-of-way of SW 35m Avenue then developed property (Guardian Self-storage and Sterling Records Storage) designated l:ndustrial (I) and zoned M-l_ Industrial. South: Right-of-way of the Lake Worth Drainage District L-28 (lateral) Canal, then developed properties, containing a variety of industrial uses, designated Industrial (I) and zoned M-1 Industrial. East: Developed County-owned recreation facility (Caloosa Park) designated Recreational (R) and zoned REC Recreation. Page 2 File Number: LUAR 02-009 Arbolata Town Homes West: Right-of-way of South Congress Avenue, then developed residential property [Isles of Hunter's Run) designated Low Density Residential (LDR) at a density of 4.84 du/ac, and zoned PUD Planned Unit Development. PRO3ECT ANALYS]:$ The parcels, which are the subject of this land use amendment, total __16.087 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (:~) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. Adoption is tentatively scheduled for May 2003. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. Although we normally bring both the land use amendment and rezoning forward simultaneously, the processes are being separated for this application. The request for rezoning is to Planned Unit Development, which requires the concurrent approval of a master/ site plan. Staff has requested additional information from the applicant prior to final review of the site plan, which could not be supplied in order to meet the agenda for this meeting. Since there is a maximum :~20 days between transmittal of the land use amendment and its adoption, the land use amendment and rezoning will ultimately be adopted simultaneously. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, ]:tem C. Comprehensive P/an ,4rnendrnents: Rezonings. These criteria are required to be part of a staff analysis when the proposed Change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezon/ng would be consistent w/th 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 Pa/rn Beach County Emergency Planning D/vision and the City's risk manager. The planning department shaft a/so recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po#c/es contained in the comprehensive p/an. The property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable policies from the comprehensive plan are cited below. Page 3 File Number: LUAR 02-009 Arbolata Town Homes Po/icy 1.19.2 The City shall provide continued effort to al/ow for industrial acreage; however, that/and designated "£ndustrial" on the currently adopted Future Land Use Nap may be converted to commercial or resident/'al designations if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis. The proposed amendment will reduce the amount of land designated for industrial development in the City; however, the applicant states that the proposed amendment will permit additional owner-occupied housing at competitive prices at this location. No data and market analysis are provided to support the need for this additional housing or to justify the conversion of industrial land, and no price-range for the units is provided to show that these units will most likely address the unmet needs of a particular segment of the housing market. Policy 1.19.4 The City shall continue to encourage and enforce the development of industn'al /and as/ndu~tn'a/parks or concentrated industn'a/ areas /n order to maximize the linkage between complementary industn'e~. The land in this part of the South Congress Avenue corridor with an "Industrial" land use designation total approximately 167 acres. This is the largest concentration of contiguous industrial land in the City that is not located in a Planned Industrial Development (PID) or industrial park and does offer the opportunity for maximizing the linkages between complementary industries. The conversion of the subject ±16.087 acres will effectively divide the single industrial area into two distinct areas each containing groups of similar industrial uses and will sever established linkages or preclude the establishment of linkages in the future. This industrial area consists of a combination of manufacturing, construction, service and storage uses and few vacancies exist. The subject parcel is only one of two sites remaining undeveloped in the area. Po/icy 1.17.3 The City shall continue to utilize and enforce requirements for buffer wa/is between resident/'a/ and commercial or industrial d/'~trict5 as set forth in the zoning regu/aO'on$. and, Po/icy l.lZ. 4 The City shall adopt and enforce regulations to require so/id vegetative screening between industrial and res/dent/a/ uses, wherever practica/, in add/Eon to buffer wa/is. The requirements for buffer walls and vegetative screening between industrial and residential uses, recognizes the incompatibilities of the two types of uses. Generally, Planned Unit Developments (PUDs) are required to observe setback requirements of the abutting zoning districts; in this case M-1 Industrial. These requirements are: Minimum front yard 15 feet Minimum side yard (interior) 15 feet Minimum side yard (corner) 15 feet street side Minimum rear yard 20 feet Page 4 File Number: LUAR 02-009 Arbolata Town Homes The PUD requirement, however, does not consider the fact that there may be inherent incompatibilities between the two land use designations or zoning districts, as would be the case with the proposed amendment. 8oth the Hunters Run PUD and the ]:sles at Hunters Run PUD, the two residential developments fronting on the west side of Congress Avenue, were developed with full knowledge that lands fronting on the east side of Congress Avenue were designated for industrial development and provided extra setbacks and buffering to ameliorate any negative effects. Hunters Run provides a landscaped setback of over :~,000 feet between Congress Avenue and the first dwelling units. The ]:sles at Hunters Run provides a heavily landscaped earth berm, solid masonry wall and approximately 250 feet of setback from Congress Avenue. With the subject property, there may not be sufficient land area to provide extraordinary setbacks to ameliorate the effects of abutting indust;' ~' ~ses to the no~..h and south, and to simultaneously provide the magnitude of setback and buffs. 'g along Congr~ Avenue to match that provided on the west side of Congress Avenue. b. Whether the proposed rezoning would be contrary to the e.s~blished land use pattern, or would create an isolated distn'ct unrelated to adjacent and nearby distn'c~, or would constitute a grant of special prfvilege to an individual property owner as contra~ted with the protec-~'on of the public welfare. As state above, the proposed land use amendment would effectively divide a single existing industrial area and could, therefore, be seen as "spot zoning." The applicant contends that the amended area will serve as a transiUon between the recreational use (Caloosa Park) to the east and the single-family residential (Lies of Hunters Run PUD) to the west. Homes within the neighboring PUD, however, are not visible from the site because of the berm and wall that reaches approximately ].2 feet above the street grade and is planted with trees and other landscape materials. c. P/hether changed or changing cond/bbns make the proposed rezoning desirable. There have been significant changes since the City's :[989 Comprehensive Plan established the current Industrial land use classification on the subject site. The nature of industrial uses has changed such that the previous methodologies used for determining the demand for industrial property are no longer appropriate. At the same time, the increasing demand for housing within the City has seen a shift from detached single-family to single-family attached (or townhouse) developments. Even so, this may not be an ideal location for residential development and few vacant lands remain for industrial or heavy commercial uses. Furthermore, as indicated above, no data and a market analysis were submitted to justify the project and the conversion of the subject industrial land. d. Whether the proposed use would be compatible with u~lity systems, roadways, and other public facilities. Comparisons of impacts of dwelling units versus industrial use, as supplied by the applicant, are attached as Exhibit "B". These show that traffic generated by the proposed townhouse development would be approximately 1,580 trips per day fewer than if the property was Page $ File Number: LUAR 02-009 Arbolata Town Homes developed at its maximum potential as an industrial use. These same comparisons show that demand for water and wastewater services would increase by approximately 955 gallons per day. As with all residential projects requesting a development order, the School District of Palm Beach County has reviewed the project and on October :~7, 2002, approved it for school concurrency. With respect to solid waste, in a letter dated January ].8, 200~. the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the :LO-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan and permit drawings, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatT'b/e w/th the current and future use of adjacent and nearby proper~7'es, or would affect the property values of adjacent or nearby properlT'es. While the lands both north and south of the subject property are designated "]:ndustrial", their development has been with more benign industrial uses: to the north, across SW 35~ Avenue is a self-storage facility and to the south across the L-29 Lateral Canal, a development containing small office, wholesale and retail uses. Farther southeast is a series of stand-alone and more intense industrial uses. Abutting the subject parcel to the east is Caloosa Park and to the west, across Congress Avenue, is the Isles of Hunters Run PUD. While the proposed project could be seen as a transition between the recreational use to the east and the residential use to the west, as the applicant opines; staff must acknowledge the incompatibilities between residential and industrial uses, particularly without adequate distance and buffering to separate the two uses. f. Whether the property is physically and economically developable under the ex/s~7'n~.7 zoning. The property is physically developable under the existing zoning; however, it has remained vacant for a number of years, partially due to the lack of demand for industrial land in the Boynton Beach sub-market. Although the proposed use may more closely match current market demands, it is presumed that the value of this land for industrial uses will increase as the supply of such industrially classified lands decreases. g. Whether the proposed rezon/ng is ora scale which is reasonably related to the needs of t~e neighborhood and the city as a whole. While the proposed land use amendment will provide owner-occupied housing in close proximity to employment opportunities, it nevertheless divides an established single industrial district, as cited above. h. Whether there are adequate sites elsewhere in the city for the proposed use, in d/stn'cts where such use is a/ready a/lowed. There are only a few very small parcels in the City designated for multi-family residential development. A similar land use amendment and rezoning would be required for any project of this size to develop in Boynton Beach. Page 6 File Number: LUAR 02-009 Arbolata Town Homes CONCI.,USZONS/RECOM M ENDAT'ION$ As indicated herein, this request is not consistent with the intent of the Comprehensive Plan due to (1) lack of data a~d market analysis to support the conversion of the land from "Industrial" to "Residential"; (2) the conversion of the subject parcel would create an isolated pocket that would effectively divide a single land use district; and, (3) would serve to decrease the supply of land available for industrial development. While the requested amendment will not create significant additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan, its compaldbiiity with adjacent land uses is questionable, as is its contribution to the overall economic development of the City. Therefore, staff cannot recommend that the subject request be approved. If the Planning and Development Board or the City Commission recommends in favor of the amendment, any conditions they apply will be included within Exh!bit "C". An'ACH MENTS .i:\~HRDATAkpi~,SHARrmD~W~OJEC"~I~ii Towntx)me~LUAR 02..~rAFF REI~RT Location Map ARBOLATA XIl. - LEGAL ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must bc Turned Requested City comrmssion Date Final Form Must be Turned Meeting Dates ~ in to (~ity Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] ^phi 15, 2003 March 31, 2003 (Noon) I I June 17, 2003 June 2, 2003 (Noon) ..: _.~ [] May 6, 2003 April la, 2OO3 (Noon) [] July 1, 2003 June 16, 2003 (Noon) ~7~_ [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal " '!'~ NATURE OF [] Announcement [] New Business [,-' AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Corranission Agenda under Legal, Ordinance - First Reading. On January 7, 2003, the City Commission with a 3-2 vote recommended that the subject request be approved for transmittal to the Florida Department of Community Affairs. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-277. EXPLANATION: PROJECT: Arbolata Townhomes (LUAR 02-009) AGENT: William Weitsrna, William Weitsrna Company., Inc. OWNER: William H. Baker, Trustee LOCATION: 3450 South Congress Avenue DESCRIPTION: Request to rezone the subject property from M-1 Industrial to Planned Unit Development (PUD), in order to consmict 172 fee-simple townhouses. PROGRAM IMPACT: N/A HSCAL IMPACT: N/A ALTERNATIVES: N/A -- 'Devel~ent ]~epartment Director City Manager's Signature 4..//t/~' /~lannmg a~Zoning Director City Attorney / Finance / Human Resources j:\SHRDATA~Planning\SHARED\WPhOROJECTSXArbolata Townhomcs~LUAR 02-009~Agcnda Item Request Rezoning 6-03-03.dot ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF WILLIAM WIETSMA CO. INC., (ARBOLATA); AMENDING ORDINANCE 02- 013 OF SAID CITY BY KEZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM M- 1 INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT; PROVE)ING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted :e No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, William H. Baker, Trustee, as owner of the property more ~articularly described hereinafter, has heretofore filed a Petition, through its agent, liam Wietsma, pursuant to Section 9 of Appendix A-Zoning, of the Code of City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land of approximately 16.0871 acres, said land being more particularly described from M-1 Industrial to PUD Planned Unit Development; and WHEREAS, the City Commission conducted a public hearing and heard and received evidence which the Commission finds supports a rezoning for the hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent an amendment to the Land Use which was contemporaneously considered and at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of s~id City to amend the aforesaid Revised Zoning Map as hereinafter set NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: :\CA\Ordinances\~lanning\Rezoning\Rezoning ' Arbola=a.doc 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: A TRACT OF LAND LYING IN THE SOUTHWEST QUARTER (S.W. I/4) OF THE NORTHWEST QUARTER (N.W. 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICLrLARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 1°08'20" EAST, AN ASSUMED BEARING, ALONG THE WESTERLY BOUNDARY OF SAID SECTION BEING ALSO THE CENTERLINE OF CONGRESS [[AVENUE, 572.10 FEET TO A POINT; THENCE RUN DUE EAST, PARALLEL WITH lITHE SOUTHERLY BOUNDARY OF THE AFORESAID NORTHWEST QUARTER II(N.W. 1/4), 53 FEET MORE OR LESS TO A POINT OF INTERSECTION W1THTHE [ [EASTERLY RIGHT O F W AY LINE O F CONGRESS AVENUE, AND THE POINT OF //BEGINNING OF THE HEREIN DESCRmED PARCEL; mENCE CONTINUE [/EAST, !300.32 FEET TO A POINT IN THE EASTERLY BOUNDARY OF THE l[,AID SOUTHWEST QUARTER (S.W. 1/4) OF THE NORHTWEST QUARTER 1/4), THENCE SOUTH 1°05'30" WEST, ALONG SAID EASTERLY BOUNDARY, 1 FEET TO A POINT, THENCE DUE WEST, 1300.84 FEET TO A POINT; THENCE 1°05'30" EAST, 572.10 FEET TO THE POINT OF BEGINNING, LESS THE )RTH 30 FEET THEREOF AND LESS THE ROAD RIGHT OF WAY FOR CONGRESS AVENUE. CONTAINING 16.0871 ACRES MORE OR LESS. PCN 08-43-46-05-00-000-3030) and the same is hereby rezoned from M-I Industrial to PUD Planned Unit Development. A map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised' Zoning Map of the City shall be amended :cordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 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. \CA\Ordinan¢~s\~lanning\Rezoning\Rezoning - Ar~olaea.doc FIRST READING this ~ day of ,2003. SECOND, FINAL READING and PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Corporate Seal) S: \CA\Ordinances\~lanning\Rezoning\Rezoning - Arbola=a.doc Location Map ARBOLATA DEVELOPMENT DEPARTMENT PLANNING & ZONING OIVISION MEMORANDUM NO. PZ 02-277 TO: Chair~man and Members Planning~pment Board FROM: Dick Huds~,~ni~ THROUGH: Michael W Rumpf' Director of Planning and Zoning DATE: De,~=_mber 3, 2002 PROJECT DESCRIPTION Project/Applicant: Ar'-' ara Townhomes/William Wietsma Co., Inc. Agent: William Wietsma Owner: William H. Baker, Trustee Location: Southeast corner of S. Congress Avenue and SW 35m Avenue File No: Land Use Amendment/Rezoning (LUAR 02-009) Property Description: Vacant property consisting of _+16.087 acres, classified ]:ndustrial (]:) and zoned M-1 ]:ndus~rial. Proposed change/use: To reclassify the subject property from :Industrial (]:) to High DensiW Residential (HDR) at a density of :~0.8 du/ac, and rezone from M-3. ]:ndustrial to PUD Planned Unit Development, in order to const3'uct 172 fee-simple townhouses. Adjacent Land Uses and Zoning: North: Right-of-way of SW 35m Avenue then developed property (Guardian Self-storage and Stealing Records Storage) designated :Industrial ([) and zoned M-l_ l:ndustrial. South: Right-of-way of the Lake Worth Drainage District L-28 (lateral) Canal, then developed properties, containing a variety of industrial uses, designated Industrial (:[) and zoned M-t[ Industrial. East: Developed County-owned recreation facility (Caloosa Park) designated Recreational (R) and zoned REC Recreation. Page 2 File Number: LUAR 02-009 Arbolata Town Homes West: Right-of-way of South Congress Avenue, then developed residential property (Isles of Hunter's Run) designated Low Density Residential (LDR) at a density of 4.84 du/ac, and zoned PUD Planned Unit Development. PRO3ECT ANALYSTS The parcels, which are the subject of this land use amendment, total __.~.6.087 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. Adoption is tentatively scheduled for May 2003. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. Although we normally bring both the land use amendment and rezoning forward simultaneously, the processes are being separated for this application. The request for rezoning is to Planned Unit Development, which requires the concurrent approval of a master/ site plan. Staff has requested additional information from the applicant pdor to final review of the site plan, which could not be supplied in order to meet the agenda for this meeting. Since there is a maximum 120 days between transmittal of the land use amendment and its adoption, the land use amendment and rezoning will ultimately be adopted simultaneously. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive P/an Amendments: Rezoning$. These ct/reda are required to be part of a staff analysis when the proposed Change includes an amendment to the Comprehensive Plan Future Land Use Nap. a. Whether the proposed rezoning would be consistent w/th applicable comprehensive plan policies including but not limited to, a prohibit/on against any increase in dwelling unit density exceeding ¢0 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 limitst~bns or requ/rernents, which would have to be imposed on subsequent development of the property,/n order to comply w/th po#c/es contained in the comprehensive p/an. The property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable policies from the comprehensive plan are cited below. Page 3 File Number: LUAR 02-009 Arbolata Town Homes Po/icy 1.19.2 The City shall provide continued effort to allow for industrial acreage; however, that/and designated "Industrial" on the currently adopted Future Land Use Nap may be converted to con?mercia/or res/dent/a/designa~/ons if the conversion (i,) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportunities for the City to meet /ts long-range housing goals; and (#)/s based upon adequate data including market analysis. The proposed amendment will reduce the amount of land designated for industrial development in the City; however, the applicant states that the proposed amendment will permit additional owner-occupied housing at competitive prices at this location. No data and market analysis are provided to support the need for this additional housing or to justify the conversion of industrial land, and no price-range f~ ·; ,~nits is provided to show that these units will most likely address the unmet needs of .~ 'ticular segment of the housing market. Pollo/J. Jg. 4 The City shall cont,'hue to encourage and enforce the deve/opn?ent of /ndustnbl land as/ndustn'al parks or concentrated industrfal areas in order to rnax/rnize the linkage between complementary/ndustn'es. The land in this part of the South Congress Avenue corridor with an "~[ndustrial" land use designation total approximately 167 acres. This is the largest concentration of contiguous industrial land in the City that is not located in a Planned ~[ndustrial Development (PID) or industrial park and does offer the opportunity for maximizing the linkages between complementary industries. The conversion of the subject ±16.087 acres will effectively divide the single industrial area into two distinct areas each containing groups of similar industrial uses and will sever established linkages or preclude the establishment of linkages in the future. This industrial area consists of a combination of manufacturing, construction, service and storage uses and few vacancies exist. The subject parcel is only one of two sites remaining undeveloped in the area. Policy 1.17.3 The City sba# continue to utilize and enforce requirements for buffer wa/Is between re$/dent~b/ and con?n?erc/a/ or industrial districts as set forth/n the zoning regulations. and, Po/icy 1.17.4 The City shall adopt and enforce regulations to require solid vegetative screening between industrial and residential uses, wherever practical, /n addition to buffer walls. The requirements for buffer walls and vegetative screening between industrial and residential uses, recognizes the incompatibilities of the two types of uses. Generally, Planned Unit Developments (PUDs) are required to observe setback requirements of the abutting zoning districts; in this case M-1 ]:ndustrial. These requirements are: Minimum front yard 15 feet Minimum side yard (interior) 15 feet Minimum side yard (corner) 15 feet street side Minimum rear yard 20 feet Page 4 File Number: LUAR 02-009 Arbolata Town Homes The PUD requirement, however, does not consider the fact that there may be inherent incompatibilities between the two land use designations or zoning districts, as would be the case with the proposed amendment. 8oth the Hunters Run PUD and the Isles at Hunters Run PUD, the two residential developments fronting on the west side of Congress Avenue, were developed with full knowledge that lands fronting on the east side of Congress Avenue were designated for industrial development and provided extra setbacks and buffering to ameliorate any negative effects. Hunters Run provides a landscaped setback of over 1,000 feet between Congress Avenue and the first dwelling units. The ~sles at Hunters Run provides a heavily landscaped earth berm, solid masonry wall and approximately 250 feet of setback from Congress Avenue. With the subject property, there may not be sufficient land area to provide extraordinary setbacks to ameliorate the effects of abutting industrial uses to the north and south, and to simultaneously provide the magnitude of setback and buffering along Congress Avenue to match that provided on the west side of Congress Avenue. b. Whether the proposed rezon/ng would be contrary to the est~bl/$hed land use pattern, or would create an isolated d/strict unrelated to a~tj~,ent and nearby distn'cts, or would cons~'tute a grant of spec/al prf~lege to an individual property owner as contrasted with the protect'on of the public we/fare. As state above, the proposed land use amendment would effectively divide a single existing industrial area and could, therefore, be seen as "spot zoning." The applicant contends that the amended area will sene as a transition between the recreational use (Caloosa Park) to the east and the single-family residential (~sles of Hunters Run PUD) to the west. Homes within the neighboring PUD, however, are not visible from the site because of the berm and wall that reaches approximately 12 feet above the street grade and is planted with trees and other landscape materials. c. Whether changed or changing condi~'on$ make the proposed rezoning desirable. There have been significant changes since the City's 1989 Comprehensive Plan established the current Industrial land use classification on the subject site. The nature of industrial uses has changed such that the previous methodologies used for determining the demand for industrial property are no longer appropriate. At the same time, the increasing demand for housing within the City has seen a shift from detached single-family to single-family attached (or townhouse) developments. Even so, this may not be an ideal location for residential development and few vacant lands remain for industrial or heavy commercial uses. Furthermore, as indicated above, no data and a market analysis were submitted to justify the project and the conversion of the subject industrial land. d. Whether the proposed use would be compat/ble with u~'/ity systems, roadways, and other public faci/i~'e$. Comparisons of impacts of dwelling units versus industrial use, as supplied by the applicant, are attached as Exhibit "B". These show that traffic generated by the proposed townhouse development would be approximately 1,580 trips per day fewer than if the property was Page 5 File Number: LUAR 02-009 Arbolata Town Homes developed at its maximum potential as an industrial use. These same comparisons show that demand for water and wastewater services would increase by approximately 955 gallons per day. As with all residential projects requesting a development order, the School District of Palm Beach County has reviewed the project and on October :~7, 2002, approved it for school concurrency. With respect to solid waste, in a letter dated January :~8, 200:~ 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. Lastly, drainage will also be reviewed in detail as part of the review of the site plan and permit drawings, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezon/ng would be cornpatJb/e with the current and future use of adjacent and nearby properS'es, or would affect the property values of ad/acent or pearby properties. While the lanes both no~: md south of the subject property are designated "]:ndustrial", their development has been wit~ more benign industrial uses: to the north, across SW 35~ Avenue is a self-storage facility and to the south across the L-29 Lateral Canal, a development containing small office, wholesale and retail uses. Farther southeast is a series of stand-alone and more intense industrial uses. Abutting the subject parcel to the east is Caloosa Park and to the west, across Congress Avenue, is the ]:sles of Hunters Run PUD. While the proposed project could be seen as a transition between the recreational use to the east and the residential use to the west, as the applicant opines; staff must acknowledge the incompatibilities between residential and industrial uses, particularly without adequate distance and buffering to separate the two uses. f. Whether the property i$ physically and economically developable under the ex/sting zoning. The property is physically developable under the existing zoning; however, it has remained vacant for a number of years, partially due to the lack of demand for industrial land in the Boynton Beach sub-market. Although the proposed use may more closely match current market demands, it is presumed that the value of this land for industrial uses will increase as the supply of such industrially classified lands decreases. g. Whether the proposed rezon/ng /$ of a sca/e which is reasonab/y re/ated to the needs of the neighborhood and the city as a who/e. While the proposed land use amendment will provide owner-occupied housing in close proximity to employment opportunities, it nevertheless divides an established single industrial district, as cited above. h. Whether there are adequate s/te~ elsewhere in the city for the proposed use, in d/stn'cts where such use/$ a/ready a/lowed. There are only a few very small parcels in the City designated for multi-family residential development. A similar land use amendment and rezoning would be required for any project of this size to develop in Boynton Beach. Page 6 File Number: LUAR 02-009 Arbolata Town Homes CO NCLUSION S / RECO M M E N DATIONS As indicated herein, this request is not consistent with the intent of the Comprehensive Plan due to (1) lack of data and market analysis to support the conversion of the land from "Industrial" to "Residential"; (2) the conversion of the subject parcel would create an isolated pocket that would effectively divide a single land use district; and, (3) would serve to decrease the supply of land available for industrial development. While the requested amendment will not create significant additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan, its compatibility with adjacent land uses is questionable, as is its contribution to the overall economic development of the City. Therefore, staff cannot recommend that the subject request be approved, l:f the Planning and Development Board or the City Commission recommends in favor of the amendment, any conditions they apply will be included within Exhibit "C". A1-FACH MENTS j:\SHRDATA\P~HARED\WP~PRO~C-CT~'LAzt3Oata Townhomes\L~AR 02-OO9~STAFF P~PORT LUAi~doc Location Map ARBOLATA XII. - LEGAL TTEM B.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commissi_on Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 3l, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6,2003 Aprill4,2OO3(Noon) [] Julyl,2003 Junel6,2OO3(Noon).~.~ ...% [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)~' [] Admmislxafive [] Legal r',.,. ' ': NATURE OF [] Announcement [] New Business r,. AGENDA ITEM [] City Manager's Report [] Presentation . [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Cotmulssion Agenda under Legal, Ordinance - First Reading. On January 7, 2003, the City Commission with a unanimous vote recommended that the subject request be approved for transmittal to the Florida Department of Commumty Affairs. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-213. EXPLANATION: PROJECT: Mixed Use-Core (LUAR 02-010) Federal Highway Corridor Future Land Use Map Amendment AGENT: City Of Boynton Beach LOCATION: East side of Federal Highway, between Ocean Avenue and NE 4th Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use-Core (MX-C). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ N/A DevelOpment l}ep~ma~nt Dffector City Manager's Signature Planning and Zoni~Director City Attorney / Finance / Human Resources J:XSHRDATAXPlanningXSHARED\WP~PROJECTShMIXED USE CORE LUARXAgenda Item Request Form 6-03-03.dot ORDENANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY BETWEEN OCEAN AVENUE AND NE 4TH AVENUE; 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 MIXED USE (MX) TO MIXED USE-CORE (MX-C); PROVIDING FOR CONFLICTS, SEVERABIIITY, AND AN EFFECTWE DATE. WBF'21;AS, the City Commission of the City of Boynton Beach, Florida has ~ted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Element by Ordinance No. 89-38 in accordance with the Local Government Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a 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 ~est interest of the inhabitants of said City to amend the aforesaid Element of the ve Plan as adopted by the City herein. NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOY1NTON 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 S=\CA\Ordxnances\Plann£ng\Land Use\Mixed Use-core - 02-010.do¢ That the Future Land Use of the following described land shall be designated as Mixed Use-Core (MX-C). Said land is more particularly described as follows: A parcel of land lying within Sections 22 and 27, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: PARCEL 1. A parcel of land containing Lots 24 (less the East 8 feet of North 98 Feet thereof), 25, 37, 38, 39, 40, 41, and 42 of Dewey's Subdivision as recorded in Plat Book 1, Page 37, Public Records of Palm Beach County, Florida. Together with: PARCEL 2. All of Casa Loma Subdivision (excluding Lots 13 to 16) as recorded in Plat Book 1 l, Page 3, Public Records of Palm Beach County, Florida. Containing a total acreage of approximately 18.63 aere~. Section 2: That any maps adopted in accordance with the Future Land Use Element amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby Section 4: 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 , remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, or appeal provisions provided by the Florida Local Government Comprehensive and Land Development Regulation Act. No party shall be vested of any right by of the adoption of this Ordinance until all statutory required review is complete and all ~:\CA\O=dSna.,lces\PZ&nn£ng\L4nd ~se\NSxed Use-Co~e - Ol-O~O.doc legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. 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 Commissioner ;T: Clerk Seal) S=\C~.\O~d~.n,~ncel\P].~,nn£ncJ\L~'~d U'll\,'4£xed 'JII-Co~I - 02-O].O.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 02-213 TO: Chairman and Members Communi~elopment Agency Board FROM: Dick Huds0h,'-Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: July 18, 2002 PROJECT DESCRIPTION Project/Applicant: Federal Highway Corridor Future Land Use Map Amendment (LUAR 02-0 ! 0) Agent: City of Boynton Beach Location: . Federal Highway Corridor segment between NE 4th Street on the north and East Ocean Avenue on the south, from Federal Highway east to the Lntracoastal Waterway, excluding the Conservation Overlay area (mangroves)' and the city-owned property lying between NE 2nd Street and NE 4th Street (Mangrove Park at the Marina). File No: Land Use Amendment (LUAR 02-010) Property Description: Various properties totaling _+19.384 acres shown shaded on the accompanying location map, classified Mixed Use (see Exhibit A). Proposed change/use: To reclassify the subject properties described above from Mixed Use (MX) to Mixed Use-Core (MX-C). A companion Comprehensive Plan Text Amendment is being proposed concurrently. Adjacent Land Uses and Zoning: North: Right-of-way of NE 4th St, then developed properties designated Mixed Use (MX) and zoned Central Business District (CBD). South: Right-of-way of East Ocean Avenue, then developed properties designated Mixed Use (MX) and Medium Density Residential and zoned Central Business District (CBD) and Multiple- Family Dwelling District (R-3). East: City-owned property (Mangrove Park at the Marina), farther east concentration of mangroves designated the Conservation Overlay District (mangroves) and then the Intracoastal Waterway. West: Right-of-way o f North Federal Highway, t hen developed properties designated Mixed Use (MX) and zoned Central Business District (CBD). Page 2 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 BACKGROUND In January 2 001, t;he City adopted text amendments t o t he Comprehensive P lan to enable the preparation of redevelopment plans as recommended by the Boynton Beach 20/20 Redevelopment Master P lan. T he City Commission adopted t he first of those redevelopment plans, the Federal Highway Corridor Community Redevelopment Plan, on May 15, 2001. The proposed land use amendment represents a second step in the implementation of a recommendation from that plan. The first step was the addition of two Mixed Use zoning districts, Mixed Use-High and Mixed Use-Low, to P art Iff o fthe City's Code of Ordinances, approved by the City Commission on June 18, 2002. The Mixed Use-High and Mixed Use-Low zoning districts are availab!~: per request to developers who want to take advantage of benefits offered by the new regulatmns. The Mixed Use-Low (MX-L) zoning is available for properties located in areas referred to in the redevelopment plan as Planning Areas II and IV. The Mixed Use-High (MX-H) zoning is currently available for Planning Area 1II (the Central Business District (CBD) area); the proposed land use amendment, if approved, will actually allow a more intensive development in the core section of CBD. Because of the size of the area under consideration, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. PROJECT ANALYSIS The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unff density ~xceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the 2 Page 3 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property_, in order to comply with policies contained in the Comprehensive Plan. Policy 1.9.5 of the Future Land Use Element states: "The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall, in part, implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S. lfrom north to south city limits, · Boynton Beach Boulevard from U.S. 1 to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and; · Golf Road between U.S. 1 and Seacrest Boulevard. Each Primary Target Area shall ultimately be delineated appropriately on the Future Land Use Map. Until such time as the studies can be conducted and mechanisms implemented for such an area, public investment - in terms of infrastructure - shall be minimal. Ifa private development proposal is made within a redevelopment area, one of the following options shall be pursued: · Acceleration of the redevelopment plan overlay district and deferral of the land use request until the plan is completed; · Consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request; and/or · The use of a moratorium or variation of the "zoning in progress" process. The proposed land use amendment is consistent with policy 1.9.5 of the Future Land Use element and is one of the actions recommended to implement the study for the U. S. 1 corridor (see Exhibit B-Redevelopment Programs and Projects). The amendment will also encourage the redevelopment of developed properties and promote infill development on vacant and underutilized properties in this part of the Community Redevelopment Area. It will also increase opportunities for utilization of transportation alternatives to the automobile. The Federal Highway corridor is one of the major north-south routes for Palm Tran, the county's transit service and increased density will theoretically lead to increased ridership. 3 Page 4 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 The amendment is consistent with objectives of the "Eastward Ho" initiative and furthers numerous policies found in the "Treasure Coast Strategic Regional Policy Plan" in both the "Future of the Region" and "Economic Development" sections. Those policies include: Future of the Region Policy 2.1.2.2: Encourage densification of and investment in established cities, towns and villages. Policy 5.1.1.2: Redevelop obsolete retail/commercial centers within well- developed urban areas as an effort to discourage urban sprawl. Proposals for redevelopment may include the following site design features: a. Desi~ a fine network of streets that continues and enhances the es~, ~.ent of the adjacent neighborhoods. b. Incluc. ~aix of uses that complements the existing activities of the city, tOwn O~ '.age. Policy 5.1.1.3: Encourage development around transit stations. Proposals should: a. Develop intense mixed-use projects within a quarter mile radius of the station. b. Include a fine-grained network of streets detailed to optimize the comfort and safety of pedestrians and bicyclists. c. Include high-density residential areas, to enhance the feasibility of transit. Economic Development Policy 3.4.1.1' Encourage the use of compact, mix-use development and redevelopment projects that are less costly to serve, have less impact to the natural environment, and help strengthen the economics of existing urban areas. The language pertaining to residential projects locating in the hurricane evacuation zone is being changed since Palm Beach County Emergency Planning Division does not currently have an appropriate review process accommodating such projects. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed amendment is consistent with the adjacent established land use patterns. It creates a new district with the increased density/intensity limits consistent with the respective redevelopment plan, and within the Central Business District, which already allows for high intensity development. c. Whether changed or changing conditions make the proposed rezoning desirable. The increasing awareness of the importance of redevelopment and enhancement of the traditional coastal business centers as opposed to continued westward sprawl coupled with a desire to 4 ?age 5 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 provide opportunities for economic revitalization have made this amendment both necessary and desirable. The existing oppormmties within the Central Business District have remained effectively untapped throughout the period of economic prosperity. This amendment will strengthen the incentives for redevelopment and infill development both within the new district and the surrounding areas by creating a possibility for a higher "critical mass" in terms of use synergies. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The increased density/intensity of uses will generate additional demand for public services. Staff has reviewed changes in capacity demand by comparing the most intensive development scenarios under the current and proposed density/intensity parameters. In terms of water and sewer demand, adequate c apacity w ill b e available o nee t he City o brains t he water use permit currently under negotiations with the South Florida Water Management District. The additional trip generation has been processed through the Metropolitan Planning Organization 2020 Long Range Transportation Plan model and found to be compatible with the projected road capacities. With respect to solid waste, the SWA has stated within a letter dated December 8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. I t needs to be emphasized that: (1) the most intensive development scenario is highly unlikely to happen, and (2) all projects will be reviewed on an individual basis, as a part of the site plan review process, to determine facility capacity or needed improvements. Drainage will also be reviewed in detail as part of the site plan review process and must satisfy all requirements of both th~ 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. The proposed amendment will be compatible with current and furore uses of adjacent properties. In terms of future uses, Mixed Use-High Intensity zoning recently replaced a portion of the Central Business District, pursuant to a privately-initialed request. At the same time, areas north and south from the Central Business District (referred to as Planning Areas 1I and IV in the "Federal Highway Corridor Commumty Redevelopment Plan") are eligible for the Mixed Use- Low Intensity zoning with increased intensity for non-residential zoning. With the proposed amendment and these discretionary options in place, future development patterns will achieve a high level of compatibility both visually and functionally. Moreover, safeguards are being built into the land development regulations to protect values of adjacent and nearby properties. An overall increase in property values over time is expected. fi Ig'hether the property is physically and economically developable under the existing zoning. Page 6 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 While the properties being considered in this amendment are developable and redevelopable under the existing land use designations, the proposed amendment would serve to enhance the development and redevelopment opportunities in the downtown core area. g. l~hether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The scale of the proposed amendment is related to both the needs of the area and the city as a whole. Downtown and the surrounding areas will benefit from the increased limits on density/intensity which may potentially enhance private investors' interest in redevelopment, which is usuall)' :note expensive and often requires substantial incentives. The city as a whole is nearing buildout, and at some point in the near future redevelopment of the downtown will be the only option to accornrr~ date more residents. Aside from providing employment oppommities, downtown retail, service and entertainment uses can offer a unique mix of products that should eventually attract tourists as well as local residents. Creating downtown as a destination is vital to the future of the city. h. 197tether there are adequate sites elsewhere in t he city for t he proposed u se, i n districts where such use is already allowed. The "Mixed Use-Core" is a new land use designation. There are no other "adequate" locations - the only appropriate location for the new district is the central part of the downtown. The amendment, together with the discretionary zoning options available per request to developers, will allow for a transition from the most intensive development in the Mixed Use-High zoning district to the less intensive development in the areas at the north and south of the corridor which are eligible for the Mixed-Use Low zoning. The Mixed Use - High zoning has the potential to expand throughout the remaining part of the current Central Business District. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. It has also been determined that additional potential demand upon public facilities can be accommodated. Therefore, staffrecommends that the subject request be approved. ATTACHMENTS j: ~S H!~.DAT A'~pIaI~ing'~HAIL~WI~PRO JI~CTSXMI~0~ D Location Map MIXED USE- CORE (MXC) XlI. - LEGAL ITEM B.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates ~ in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [--]' April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May I9, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May20,2003 May 5, 2003 (Noon) [] July l5. 2003 June 30, 2003 (Noon) ~ [] Admimstrative [] Legal -~, NATURE OF [] Announcement [] New Bnsmess ~ AGENDA ITEM [] City Manager's Report [] Presentation .~2 [] Consent Agenda [] Public Hearing c..' [] Code Compliance/Legal Settlement~ [] Unfi~hed Business RECOMMENDATION: Please place this request on the June 3, 2003 City Coaaxfission Agenda under Legal, Ordinance - First Reading. On January 7, 2003, the City Commission with a unanimous vote reco,m~ended that the subject request be approved for transmittal to the Florida Department of Community Affairs. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-276. EXPLANATION: PROJECT: Beaehside at Boynton/Goco, Inc. (LUAR 02-008) AGENT: Siemon and Larsen, P.A. OWNER: Gulfstream Lumber Company LOCATION: 1415 South Federal Highway (Northwest comer of Federal Highway and Woolbright Road) DESCRIPTION: Request to amend the Comprehensive Plan Future Land use Map fxom Local Retail Commercial (LRC) to Mixed Use MX), for Mixed use development (residential, retail, and office). PROGRAM IMFACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A C~'~ Manager s Signature -~i Deve~phaen] Department Director J:~SHRDATA~Planning\SHARED\WP~PROJECTS~BEACHSIDE ~ BOY'NTON~LUAR~.genda Item Request Form 6-03-03.dot DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVIS'[ON MEMORANDUM NO. PZ 02-276 TO: Chairman and Members Communi~pment Agency Board FROM: Dick Hudsdr~'Senior Planner THROUGH: Michael W. Rumpf~~ Director of Planning and Zoning DATE: December 2, 2002 PRQ.,1ECT DESCR'[P'I'ZON Project/Applicant. Beachside at Boynton/Goco, [nc. Agent: Siemon and Larsen, P.A. Owner: Gulfstream Lumber Co. Location: :[4~.5 South Federal Highway (Northwest corner of Federal Highway and Woolbdght Road) File No: Land Use Amendment/Rezoning (LUAR 02-008) Property Description: Developed property consisting of _+14.64 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MU), and rezone from C-3 Community Commercial to MU-L Mixed Use-Low Intensity in order to redevelop the property as a Mixed Use (residential, retail and office) project. The classification permits residential densities up to ,I0 du/ac. Adjacent Land Uses and Zoning: North: To the northeast, developed commercial property (Dunkin' Donuts and a convenience store) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northwest, the right-of-way of SE :[2~ Avenue, then developed residential property classified Medium Density Residential (MeDR) at a maximum density of 9.58 du/ac, and zoned R-2 Duplex Residential. Page 2 File Number: LUAR 02-008 13eachside at Boynton South: The right-of-way of Woolbright Road (SE 15~ Avenue) then developed commercial property_ (Sunshine Square) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: The right-of-way of South Federal Highway, then to the southeast, developed commercial property (Shell Service Station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northeast, developed residential property (Gulfstream Apartments [25.4 du/ac] and Snug Harbor Condominiums [27.7 du/ac]) classified High Density Residential (HDR) at a maximum density of 10.8 du/ac, and zoned R-3 Multi- family residential. West: The right-of-way of the Florida East Coast (FEC) railroad, then developed property classified 1:ndustrial (1:) and zoned M-1 Industrial. PRO.1E(;T ANALYS:ZS The parcels, which are the subject of this land use amendment, total +14.64 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adopUon. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, RecommendaUons and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adrnini.~'ation and Enforcement, Item C. Comprehensive Plan Amendments: Rezon/ng$. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezon/ng would be consistent w/th applicable comprehensive p/an po#c/es including but not//m/ted to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuab'on zone without written approval of the Palm 8each County Emergency Planning D/v/s/on and the City's risk manager. The planning department shall a/so recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th po#c/es contained in the comprehensive p/an. Page 3 File Number: LUAR 02-008 Beachside at Boynton The property is located on the west side of Federal Highway. According to the Palm Beach County Division of Emergency Management, the hurricane evacuation zone is only on the east side of Federal High_way, therefore the cited prohibition does not apply to this requested amendment. Policy 1.13.4 states: "The City shall further discourage urban sprawl; A. Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's urban service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Demonstrate, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Without the proposed amendment, redevelopment of the site would most likely follow the strip- type commercial development model that is found on the properties south of Woolbdght Road at this intersection. By changing the land use and zoning, the required development pattern is non-strip in nature, consistent with the policy. Objective 1.15 of the Future Land Use Element reads: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development." Policy 1.15.2 states: "The City shall continue to adopt and enforce regulations to allow mixed commercial/residential projects in the Local Retail Commercial and Mixed Use land use categories, where this type of development would be appropriate, where such projects would not create significant land use conflicts, add public facilities would be adequate to serve the project... For projects located in the Hixed Use land use category, the maximum density shall be 40 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Policy :l..16.2. These commercial and residential land use intensities may be both applied to the same land area, and any mix of commercial and residential land uses shall be allowed"; and, The ?edera/ Hiqhwal/ ¢ortfdor Community Redeve/oprnent P/an. provides an overall introduction to recommendations for Areas II: and IV: "These two planning areas are the front doors to the downtown core area; the gateway neighborhoods. As such, they will serve two broad functions. First, their appearance must convey their important role as gateways to downtown. Currently, however, many Page 4 File Nu~l~er: LUAR 02-008 Beachside at Boynton of the existing uses, and the appearance and placement of development features do not create the desired appearance of gateway neighborhoods. Additionally, many of the exi~ng types of commercial uses do not promote a sense of neighborhood. Rather, ~ey cater to drive-by traffic on Federal Highway. Second, these planning areas must provide sufficient housing opportunities to build the critical mass of population necessary for a successful downtown area. The general goal is to create identifiable communities that provide the gateways to downtown." The plan specifically recommends the following for the area containing the subject property (Area :IV): "Establish a ~ns~ of community. Provide for mixed-use development that is predominanUy residential, with non-residential components that serve the immediate community. Non-residential uses should be neighborhood serving in nature, as opposed to those uses that are heavy commercial uses, those that are automobile oriented, or those that are generally not considered to be neighborhood oriented." The proposed redevelopment plan for this site is consistent with the requirements of the Nixed Use land use classification, and the recently adopted Mixed Use-Low ~tensity zoning category as well as the cited recommendation from the corridor plan. b. Whether the proposed rezon/ng would be contrary to the established/and u~e pattern, or would create an isolated did'ct unrelated to adjacent and nearby distn'c~s, or would constitute a gmnt of spec/al ptCv/lege to an individual property owner as contrasted with the protect'on of the public welfare. The proposed re. zoning would not create an isolated district. The type of redevelopment contemplated for the property is expressly favored by the corridor redevelopment plan, and does not constitute a grant of special privilege. :It provides benefits to the public welfare by augmenting the aty's tax base, providing additional residential units in close proximity to the downtown redevelopment area, providing a gateway to the downtown, improving the aesthetic quality of the Woolbdght Road and Federal Highway corridors, and implementing the City's adopted Redevelopment Plan. c. Whether changed or chang/ng cond/b'on$ make the proposed rezon/ng de$/rab/e. The City's emphasis on redevelopment of the downtown and the entire Federal Highway Corridor, beginning with the adoption of the Federa/H/qhway Corridor Commun/ty Redeve//ooment P/an and the accompanying Nixed Use-Low Intensity zoning district available for this area are changes that support this proposed land use amendment and rezoning. cf. Whether the proposed use wou/d be compatib/e w/th uE//ty sy$£ems, roadways, and other pub//c ~ci//b'es. The traffic consultants' report for the project indicates that as proposed, the project will generate 1,709 fewer daily trips than the existing designation. For water and sewer service, the capacity and necessary infrastructure are available to serve the site. The Palm Beach County School District has reviewed the project for school concurrency and has issued a Page S File Number: LUAR 02-008 Beachside at Boynton determination valid for one year. Once a development order 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. LastS, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezon/ng would be compaOble w/th the current and future use of adjacent and nearby properg'es, or would affect the property values of adjacent or nearby properg'es. The proposed use of the property will be more compatible with surrounding properties than the current use as a lumberyard. It will improve the overall character of the area and provide neighborhood servir :: retail and once uses to area residents. The redevelopment of the property as a mixe~ ,.se develo~-- mt will most likely improve the value of adjacent and nearby properties. f. Whether the property/s phys/ca//y and econom/cal/y developable under ~he exf~dng zon/ng. The property is currently developed, and the use can continue on the site. Redevelopment under the present zoning and land use could produce a vadety of commercial uses which, most likely, would follow the strip center form of development found on the southeast and southwest comers of the intersection. Whether the proposed rezon/ng /$ of a scale wh/ch /$ reasonably related to the needs of the ne/ghborhood and the db/as a whole. The land use amendment and rezoning are of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. The area of the proposed land use amendment comprises almost 15 acres bounded on the north by NE 12m Avenue, on the east by Federal Highway, on the south by Wooibdght Road and on the west by the railroad. As such, it is a compact unit, that does not immediately abut any uses other than the donut shop and convenience store at the comer of SE 12m Avenue and Federal Highway. h. Whether there are adequate sites elsewhere/n the city for the proposed use,/n d/stn'cts where such use/s a/ready allowed. The MU-L zoning was only adopted in summer 2.002, in order to implement redevelopment in the Federal Highway Corridor. This is the first application for a rezoning to the new district, so there are no other sites presently available where this type of development could occur without a m. zoning. The subject property, located at the highly visible crossroads of Federal Highway and Woolbright Road, both arterial roads as required in the district regulations, is an ideal location for a mixed-use "gateway" community. Page 6 File Number: LUAR 02-008 8eachside at Boynton CQNCLUSZONS/RECOMM E N DA'I'~O 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 within Exhibit "B". ATTACH M ENTS .i:\~RDATA\J~lnM~q~ARED\WI~PROJECT~.AOt~OE · K)Y/~I'ON~LUAJ~\STAFF R.~PORT LUAR.dm: Location Map GULFSTREAM LUMBER./BEACHSIDE AT BOYNTON ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND WOOLBRIGHT ROAD (1415 SOUTH FEDERAL HIGHWAY); 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; THE LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL (LRC) TO MIXED USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beacl~, Florida has adopted a Comprehensive Future Land Use Plan and as Dart 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, al[er public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element o fthe 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 I: 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: ~ ~ \C.A\Ordinancetl\Plann~.ng\Land Uae\Beachtside Land Use. doc That the Future Land Use of the following described land shall be designated as Mixed Use (MX), for Mixed Use development (residential, retail, and office). Said land xs more particularly described as follows: PARCEL CONTROL NL~BERS 08-43-45-28-00-000-5090 08-43-45-28-00-000-5100 08-43-45-28-01-000-0060 08-43-45-28-01-000-0121 08-43-45-28-01-000-0130 08-43-45-28-01-000-0140 08-43-45-28-01-000-0150 08-43-45-28-01-000-0160 08-43-45-28-01-000-0170 08-43-45-28-01-000-0190 08-43-45-28-01-000-0200 08-43-45-28-01-000-0240 08-43-45-28-01-000-0260 08-43-45-28-01-000-0270 0843-45-28-01-000-0290 PARCEL 1: A TRACT OF LAND IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 28 (BEING ON WOOLBRIGHT ROAD) SAID POINT BEING 229.50 FEET WESTERLY FROM, MEASURED ALONG THE SOUTH LINE OF SAID SECTION 28, THE WESTERLY LINE OF U.S. HIGHWAY NO. l, THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 89°43'30'', MEASURED FROM EAST TO NORTH, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 41.03 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 90°16'50'', MEASURED FROM WEST TO NORTH, A DISTANCE OF 221.13 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF CENTRAL PARK, A SUBDIVISION OF BOYNTON BEACH, PLAT OF WHICH IS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 100 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE 89°55'30'', MEASURED FROM EAST TO NORTH, A DISTANCE OF 264.0 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID CENTRAL PARK, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID CENTRAL PARK, A DISTANCE OF 490.26 FEET; MORE OR LESS, TO THE EASTERLY RIGHT OF WAY OF THE FLORIDA EAST COAST RAi'LWAY RIGHT OF WAY; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 660.80 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION 28; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 643.40 FEET; MORE OR LESS, TO THE POINT OF BEGINNING, LESS THE RIGHT OF WAY FOR WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 5, PAGE $: \CA\O~d/na. nceB\Dlann:i, ng\.~,lnd Ui41\Be&c~.~:Lde cand UII.doc 121, PUBLIC RECORDS OF PALM EEACH COUNTY, FLORIDA. PARCEL 2: THE W'EST 100 FEET OF THE SOUTH 68 FEET OF THAT CERTAIN TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE WEST 311.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) THENCE NORTH ALONG CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING. PARCEL 3 :. A PARCEL OF LAND IN THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICLrLAR.LY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAJZ) SECTION 28, AND WESTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 1 AS LAID OUT AND IN USE; THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LI~E, A DISTANCE OF 165.05 FEET TO A CONCRETE MONU'ME~ MARKING THE SOUTHEAST CORNER OF THE TRACT OF LAND TO BE HEREIN CONVEYED, THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 289.81 FEET MORE OR LESS TO A POINT WHICH IS 196 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF CENTRAL PARK, A SUBDIVISION RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE WESTERLY AND PARALLEL WITH THE SAID SOUTH LINE OF CENTRAL PARK, A DISTANCE OF 196.74 FEET; THENCE SOUTHERLY AT AN ANGLE OF 90°04'30" MEASURED FROM EAST TO SOUTH, A DISTANCE OF 289.13 FEET MORE OR LESS, TO A POINT WHICH IS 165 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 28; THENCE EASTERLY AND PARALLEL WITH SAID SOUTH LI~'E OF SECTION 28, A DISTANCE OF 191.47 FEET, MORE OR LESS, TO THE POINT OF BEGINN~G, LESS THE RIGHT OF WAY FOR U.S. HIGHWAY NO. 1 AS SHOWN IN ROAD PLAT BOOK 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ~:\C-~\O~d~nlncel\P~,tnn~ng\I~tnd Ule\aelchlida ~ Use.doc PARCEL 4: COMMENCING AT THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE ,~3 EAST, PALM BEACH COUNTY, FLORIDA, WHICH POINT IS 34? FEET WEST OF THE EAST LINE OF SAID SECTION 28; THENCE WEST 331.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY); THENCE NORTH ALONG CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING, LESS THE SOUTH 68 FEET THEREOF, LESS THE RIGHY OF WAY FOR FEDERAL HIGHWAY AS SHOWN IN ROAD PLAT BOOK 3, P3GE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. P_~A CEL 5:. COMMENCING AT THE DIXIE HIGHWAY AT THE CROSSING OF THE SOUTH SECTION LINE OF SECTION 28; AND RUNNING NORTH ALONG THE COUNTRY ROAD 165 FEET; WEST 265.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 262.5 FEET TO THE POINT OF BEGINNING (LESS SOUTH 30 FEET THEREOF AS CONVEYED IN DEED RECORDED IN DEED BOOK 1037, PAGE 673) ALL BEING IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND NOT INCLUDING: THE RIGHT OF WAY FOR STATE ROAD 5 (U.S. HIGHWAY NO. 1) AS SHOWN IN ROAD PLAT 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE RIGHT OF WAY FOR WOOLBRIGHT ROAD (S.E. 15TH AVENUE) AS SHOWN IN ROAD PLAT BOOK 5, PAGE 121, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 6: LOT 6, LESS EXISTING RIGHT OF WAY FOR U.S. HIGHWAY NO. 1, AND THE EAST 50 FEET OF LOT 13, CENTRAL PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 7: LOT 12, LESS THE EAST 50 FEET THEREOF AND LOT 13, LESS THE EAST 50 FEET THEREOF OF CENTRAL PARK, AN ADDITION TO THE TOWN OF BOYNTON BEACH, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. $~\CA\Ord£nances\P~emning\~tnd Use\Beachside Land Use.doc LESS AND EXCEPT THE FOLLOWING: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12, RU'NNING EAST ON THE NORTH LINE OF LOT 12, 105 FEET TO A POINT; THENCE RUNNING SOUTH AT RIGHT ANGLES 5 FEET THENCE RUNNING WESTERLY PARALLEL TO THE NORTH LINE OF SAID LOT 12 TO THE WEST LINE OF LOT 12, NORTHERLY ON THE WEST LINE OF LOT 12, TO THE POINT OF BEGINNING. PARCEL 8: LOTS 14 THROUGH 29, INCLUSIVE, CENTRAL PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE APPARENTLY ABANDONED ROAD RIGHT OF WAY FOR S.E. 2ND STREET LYING WEST OF AND ADJACENT TO LOTS 20 THROUGH 23, INCLUSIVE, OF SAID PLAT OF CENTRAL PARK. 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 take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local G~)vemment Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of ,2003. SECOND, FINAL READING and PASSAGE this ~ CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) XII. - LEGAL ITEM B.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be 'Fumed Mectin~ Dates in to City Clerk's Offige Meetinu Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) ~,, :_.~. _4t ~ --'.' r~, [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) f-o [] Administrative [] Legal ~." ':' NATURE OF [] Announcement [] New Business ;.~ .:- AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 CiW Conauissiun Agenda under Legal Ordinance - First Reading. On January 7, 2003, the City Commission with a unanimous vote recommended that the subject request be approved for transmittal to the Florida Department of Community Affairs. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-276. EXPLANATION: PROJECT: Beachside at BoyntonlGoco, Inc. (LUAR 02-008) AGENT: Siemon and Larsen, P.A. OWNER: Gulfstream Lumber Company LOCATION: 1415 South Federal Highway (Northwest comer of Federal Highway and Woolbright Road) DESCKIPTION: Request to rezone l~om Commumt~ Commercial (C-3) to Mixed Use-low Intensity (MU-L). For Mixed use development (residential, retail, and office). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A - Developrr~nt D ,e~armaent Director CityTVlanager's Sign]~ture ~ - ~ Plannin~i~nd zomg Director City Attorney / Finance / Human Resources JSSHRDATA~PlanningXSHARED\WPLPROJECTS~BEACHSIDE ~ BOYNTON~LUARXAgenda Item Request Rezoning 6-03-03.dot ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BEACHSIDE AT BOY'NTON/GOCO, INC., AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMUNITY COMMERCIAL (C-3) TO MIXED USE-LOW INTENSITY (MU-L); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commis~ ~:- 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, Gulfstream Lumber Company, as owner of the property more particularly described hereinafter, for the project known as Beachside at Boynton/Goco, Inc., has heretofore filed a Petition, through its agent, Siemon and Larsen, P.A., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land consisting of approximately _+_ 14.64 acres, said land being more particularly described hereinafter, from Community Commercial (C-3) to Mixed Use-Low Intensity (MU-L); 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 S: \CA\Ordinances\Planning\Rezoning\Rezoning - - Beachs£de.doc inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tree 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: PARCEL CONTROL NUMBERS 08-43-45-28-00-000-5090 08-43-45-28-00-000-5100 0843-45-28-01-000-0060 08-43-45-28-01-000-0121 08-43-45-28-01-000-0130 08-43-45-28-01-000-0140 08-43-45-28-01-000-0150 08-43-45-28-01-000-0160 08-43-45-28-01-000-0170 08-43-45-28-01-000-0190 08-43-45-28-01-000-0200 08-43-45-28-01-000-0240 08-43-45-28-01-000-0260 08-43-45-28-01-000-0270 08-43-45-28-01-000-0290 PARCEL 1: A TRACT OF LAND IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 28 (BEING ON WOOLBRIGHT ROAD) SAID POINT BEING 229.50 FEET WESTERLY FROM, MEASURED ALONG THE SOUTH LINE OF SAID SECTION 28, THE WESTERLY LINE OF U.S. HIGHWAY NO. 1, THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 89°43'30", MEASURED FROM EAST TO NORTH, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 41.03 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 90°16'50", MEASURED FROM WEST TO NORTH, A DISTANCE OF 221.13 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF CENTRAL PARK, A SUBDIVISION OF BOYNTON BEACH, PLAT OF WHICH IS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 100 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE 89°55'30", MEASURED FROM EAST TO NORTH, A DISTANCE OF 264.0 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID CENTRAL PARK, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID CENTRAL PARK, A S: \CA\Ordinances\~lanning\Rezoning\Rezoning - - Beachside.doc DISTANCE OF 490.26 FEET; MORE OR LESS, TO THE EASTERLY RIGHT OF WAY OF THE FLORDA EAST COAST RAILWAY RIGHT OF WAY; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 660.80 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION 28; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 643.40 FEET; MORE OR LESS, TO THE POINT OF BEGINNING, LESS THE RIGHT OF WAY FOR WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 5, PAGE 121, PUBLIC RECORDS OF PALM EEACH COUNTY, FLORIDA. PARCEL 2: THE WEST 100 FEET OF THE SOUTH 68 FEET OF THAT CERTAIN TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE WEST 311.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF THE COUNTRY ROCK ROAD fNOW FEDERAL HIGHWAY) THENCE NORTH ALONG CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING. PARCEL 3: A PARCEL OF LAND IN THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 28, AND WESTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 1 AS LAID OUT AND IN USE; THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 165.05 FEET TO A CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF THE TRACT OF LAND TO BE HEREIN CONVEYED, THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 289.81 FEET MORE OR LESS TO A POINT WHICH IS 196 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF CENTRAL PARK, A SUBDIVISION RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALNI BEACH COLrNTY, FLORIDA, THENCE WESTERLY AND PARALLEL WITH THE SAID SOUTH LINE OF CENTRAL PARK, A DISTANCE OF 196.74 FEET; THENCE SOUTHERLY AT AN ANGLE OF 90°04'30" MEASURED FROM EAST TO SOUTH, A DISTANCE OF 289.13 FEET MORE OR LESS, TO A POINT WHICH IS 165 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 28; THENCE EASTERLY AND PARALLEL WITH SA.ID SOUTH LINE OF SECTION 28, A DISTANCE OF 191.47 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, LESS THE RIGHT OF WAY FOR U.S. HIGHWAY NO. 1 AS SHOWN IN ROAD PLAT BOOK 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. S:\CA\Ordinances\Planning\Rezoning\Rezoning - - Beachside.doc PARCEL 4: COMMENCING AT THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY') ON THE NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLOR.IDA, WHICH POINT IS 347 FEET WEST OF THE EAST LI~E OF SAID SECTION 28; THENCE WEST 331.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY); THENCE NORTH ALONG CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING, LESS THE SOUTH 68 FEET THEREOF, LESS THE RIGHY OF WAY FOR FEDERAL HIGHWAY AS SHOWN IN ROAD PLAT BOOK 3, PAGE 1 l, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 5: COMMENCING AT THE DIXIE HIGHWAY AT THE CROSSING OF THE SOUTH SECTION LINE OF SECTION 28; AND RUNNING NORTH ALONG THE COUNTRY ROAD 165 FEET; WEST 265.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 262.5 FEET TO THE POINT OF BEGINNING (LESS SOUTH 30 FEET THEREOF AS CONVEYED IN DEED RECORDED IN DEED BOOK 103'7, PAGE 673) ALL BEING IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND NOT INCLUDING: THE RIGHT OF WAY FOR STATE ROAD 5 (U.S. HIGHWAY NO. 1) AS SHOWN IN ROAD PLAT 3, PAGE l 1, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE RIGHT OF WAY FOR WOOLBRIGHT ROAD (S.E. 15TH AVENUE) AS SHOWN IN ROAD PLAT BOOK 5, PAGE 121, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 6: LOT 6, LESS EXISTING RIGHT OF WAY FOR U.S. HIGHWAY NO. l, AND THE EAST 50 FEET OF LOT 13, CENTRAL PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 7: LOT 12, LESS THE EAST 50 FEET THEREOF AND LOT 13, LESS THE EAST 50 FEET THEREOF OF CENTRAL PARK, AN ADDITION TO THE TOWN OF BOYNTON BEACH, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12, RUNNING EAST S: \CA\Ordinances\~lanning\Rezoning\Rezoning - - Seachside.doc ON THE NORTH LINE OF LOT 12, 105 FEET TO A POINT; THENCE RI.INNING SOUTH AT RIGHT ANGLES 5 FEET THENCE RUNNING WESTERLY PARALLEL TO THE NORTH LINE OF SAID LOT 12 TO THE WEST LINE OF LOT 12, NORTHERLY ON THE WEST LINE OF LOT 12, TO THE POINT OF BEGINNING. PARCEL 8: LOTS 14 THROUGH 29, INCLUSIVE, CENTRAL PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE APPARENTLY ABANDONED ROAD RIGHT OF WAY FOR S.E. 2ND STREET LYING WEST OF AND ADJACENT TO LOTS 20 THROUGH 23, INCLUSIVE, OF SAID PLAT OF CENTRAL PARK. be and the same is hereby rezoned from Community Commercial (C-3) to MU-L Mixed Use- Low Intensity. A location map is attached hereto as Exhibit "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 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder 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 - - Beachside.do¢ SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - - Beachside.doc Location Map GULFSTREAM LUMBEPJBEACHSIDE AT BOYNTON DEVELOPMENT DEPARTMENT PLANNING & ZONING DZVISION MEMORANDUM NO. PZ 02-276 TO: Chairman and Members CommuniW,,~~pment Agen~ Board FROM: Dick Huds~enior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: December 2, 2002 PRO3ECT DESCRIPT1:ON Project/Applicant: Beachside at Boynton/Goco, ]:nc. Agent: Siemon and Larsen, P.A. Owner: Gulfstream Lumber Co. Location: ~.415 South Federal Highway (Northwest corner of Federal Highway and Woolbright Road) File No: Land Use AmendmentJRezoning (LUAR 02-008) Property Description: Developed property consisting of_+14.64 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MU), and rezone from C-3 Community Commercial to MU-L Mixed Use-Low ]:ntensity in order to redevelop the property as a Mixed Use (residential, retail and office) project. The classification permits residential densities up to 40 du/ac. Adjacent Land Uses and Zoning: North: To the northeast, developed commercial property (Dunkin' Donuts and a convenience store) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northwest, the right-of-way of SE 12~ Avenue, then developed residential property classified Medium Density Residential (MeDR) at a maximum density of 9.58 du/ac, and zoned R-2 Duplex Residential. Page 2 File Number: LUAR 02-008 8eachside at Boynton South: The right-of-way of Woolbright Road (SE 15~ Avenue) then developed commercial property (Sunshine Square) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: The right-of-way of South Federal Highway, then to the southeast, developed commercial property (Shell Service Station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northeast, developed residential property (Gulfstream Apartments [25.4 du/ac] and Snug Harbor Condominiums 1'27.7 du/ac]) classified High Density Residential (HDR) at a maximum density of 10.8 du/ac, and zoned R-3 ivlulti- family residential. West: The right-of-way of the Florida East Coast (FEC) railroad, then developed property classifiec~ Industrial (I) and zoned H-1 Industrial. PRO.1 ECT ANALYSZ$ The parcels, which are the subject of this land use amendment, total +14.64 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Flodda Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adm/n/.~rat/on and Enforcement, Item C. Comprehens/ve Plan Amendments: Rezon/ngs. These cdteda are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Nap. a. Whether the proposed rezon/ng would be cons/stent w/th app//cab/e comprehens/ve p/an po#c/es/nc/ud/ng but not//m/ted to, a proh/b/b'on aga/nst any/ncrease/n dwe///ng unit den$/ty exceed/ng $0/n the hurricane evacuag'on zone w/thout written approval of the Palm 8each County Emergency P/ann/ng D/v/s/on and the C/ty's risk manager. The p/ann/ng deparb'nent shall a/so recommend//m/taEon$ or requ/rement~, wh/ch would have to be/reposed on subsequent development of the property,/n order to comply w/th po#c/es conta/ned /n the comprehens/ve p/an. Page 3 File Number: LUAR 02-008 13eachside at Boynton The property is located on the west side of Federal Highway. According to the Palm Beach County Division of Emergency Management, the hurricane evacuation zone is only on the east side of Federal Highway, therefore the cited prohibition does not apply to this requested amendment. Policy 1.13.4 states: "The City shall further discourage urban sprawl; A. Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's urban service areas, while requiting the maximization of all public services for each development in the most cost effective manner possible; and B. Demonstrate, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Without the proposed amendment, redevelopment of the site would most likely follow the strip- type commercial development model that is found on the properties south of Woolbdght Road at this intersection. By changing the land use and zoning, the required development pattern is non-strip in nature, consistent with the policy. Objective 1.15 of the Future Land Use Element reads: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development." Policy 1. ~.5.2 states: "The City shall continue to adopt and enforce regulations to allow mixed commercial/residential projects in the Local Retail Commercial and Mixed Use land use categories, where this type of development would be appropriate, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project... For projects located in the Mixed Use land use category, the maximum density shall be 40 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Policy 1.:~6.2. These commercial and residential land use intensities may be both applied to the same land area, and any mix of commercial and residential land uses shall be allowed"; and, The Federal Hi_qhwaF Corrfdor Community Redevelopment Plan provides an overall introduction to recommendations for Areas 1~! and "These t~vo planning areas are the front doors to the downtown core area; the gateway neighborhoods. As such, they will serve two broad functions. First, their appearance must convey their important role as gateways to downtown. Currently, however, many Page 4 File Number: LUAR 02-008 Beachside at Boynton of the existing uses, and the appearance and placement of development features do not create the desired appearance of gateway neighborhoods. Additionally, many of the existing types of commercial uses do not promote a sense of neighborhood. Rather, they cater to drive-by traffic on Federal Highway. Second, these planning areas must provide sufficient housing opportunities to build the critical mass of population necessary for a successful downtown area. The general goal is to create identifiable communities that provide the gateways to downtown." The plan specifically recommends the following for the area containing the subject property (Area ~V): "Establish a sense of community. Provide for mixed-use development that is predominantly residential, with non-residential components that serve the immediate community. Non-residential uses should be neighborhood serving in nature, as opposed to those uses that are heavy commercial uses, those that are automobile oriented, or those that are generally not considered to be neighborhood oriented." The proposed redevelopment plan for this site is consistent with the requirements of the Mixed Use land use classification, and the recently adopted Mixed Use-Low l:ntensity zoning category as well as the cited recommendation from the corridor plan. b. Whether the proposed rezoning would be contrary to the established/and use pattern, or would create an isolated district unrelated to adjacent and nearby distn'cts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district. The type of redevelopment contemplated for the property is expressly favored by the corridor redevelopment plan, and does not constitute a grant of special privilege. It provides benefits to the public welfare by augmenting the City's tax base, providing additional residential units in close proximity to the downtown redevelopment area, providing a gateway to the downtown, improving the aesthetic quality of the Woolbdght Road and Federal Highway corridors, and implementing the City's adopted Redevelopment Plan. c. Whether changed or chang/ng condl~'ons make the proposed rezon/ng des/rab/e. The City's emphasis on redevelopment of the downtown and the entire Federal Highway Corridor, beginning with the adoption of the Federal Hiqhway Corridor Community Redevelopment Plan and the accompanying Mixed Use-Low Intensity zoning district available for this area are changes that support this proposed land use amendment and rezoning. d. Whether the proposed use would be compatible w/th utility systems, roadways, and other pub#c fad#ties. The traffic consultants' report for the project indicates that as proposed, the project will generate ~.,709 fewer daily trips than the existing designation. For water and sewer service, the capacity and necessary infrastructure are available to serve the site. The Palm Beach County School District has reviewed the project for school concurrency and has issued a Page 5 File Number: LUAR 02-008 Beachside at Boynton determination valid for one year. Once a development order With respect to solid waste, in a letter dated December :LB, 2001, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the :~0-year planning pedod. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage 'permitting authorities. e. Whether the proposed rezoning would be compatible w/th the current and future use of adjacent and nearby propeR'es, or would affect the property values of adjacent or nearby properties. The proposed use of the property will be more compatible with surrounding properties than the current use as a lumberyard. It will improve the overall character of the area and provide neighborhood serving retail and office uses to area residents. The redevelopment of the property as a mixed use development will most likely improve the value of adjacent and nearby properties. f Whether the property is physically and economically deveCopab/e under ~ eddl'ng zoning. The property is currenUy developed, and the use can continue on the site. Redevelopment under the present zoning and land use could produce a vadety of commercial uses which, most likely, would follow the strip center form of development found on the southeast and southwest comers of the intersection. g. Whether the proposed rezoning /s of a scale which/s reasonably related to the needs of the neighborhood and the city as a whole. The land use amendment and rezoning are of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. The area of the proposed land use amendment comprises almost ~.5 acres bounded on the north by NE ].2m Avenue, on the east by Federal Highway, on the south by Woolbdght Road and on the west by the railroad. As such, it is a compact unit, that does not immediately abut any uses other than the donut shop and convenience store at the comer of SE Z2m Avenue and Federal Highway. h. Whether there are adequate s/res elsewhere/n the dry for the proposed use,/n distn'c~ where such use/s already allowed. The MU-L zoning was only adopted in summer 2002, in order to implement redevelopment in the Federal Highway Corridor. This is the first application for a rezoning to the new district, so there are no other sites presenUy available where this type of development could occur without a rezoning. The subject property, located at the highly visible crossroads of Federal Highway and Woolbdght Road, both arterial roads as required in the district regulations, is an ideal location for a mixed-use "gateway" community. Page 6 File Number: LUAR 02-008 Beachside at Boynton CONCLUSIONS! RECOM MEN DATIO 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 within Exhibit "B". ATTACHMENTS .];~SHP. DATA\Pt~nnin~SHARED\WP~PRO.]EC'I'~'~BEAC)tSZDE ~ 8OYNTOH\LUAR\STAFF REPORT' LUAR.~ Location Map GULFSTREAM LUMBER/BEACHSIDE AT BOYNTON I WOOl. BRIGHT RD / SE 15TH AVE PU ' C3~ XlI. - LEGAL ITEI I B.IO CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetino Datc~ in to City Clerk's Office Meetimt Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6,2003 April l4, 2003 (Noon) [] Julyl,2003 June l6, 2003 (Noon)-~ -'~ C -3 [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) '.~ [] Administrative [] Legal r:.'.. -g' NATURE OF [] Announcement [] New Business r- AGENDA ITEM [] City Manager's Report [] Presentation -'- [] Coment Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Couaxiission Agenda under Legal, Ordinance - First Reading. On January 7, 2003, the City Commission with a unanimous vote recommended that the subject request be approved for transmittal to the Florida Department of Coaaaiumty Affairs for review. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-269. EXPLANATION: PROJECT: Comprehensive Plan Text Amendment (CPTA 02-002) AGENT/OWNER: Staff initiated DESCRIPTION: Request to amend Objective 1.12 and Policies 1.12.1 and 1.12.2. regarding residential developments in the Coastal High Hazard Area; as well as corresponding policies 8.8.5 and 8.8.6 ia the Intergovernmental Coordination Element; Request to amend Policy 1.16.1. which provides the definitions of all land use designations found on the Future Land Use Map; and, Request to amend Policy I. 16.3 to require that by 2004 the Land Use Problems and Opportunities section of the support documents must be updated to reflect current conditions. Until the update is adopted, the directions of that section shall be considered as "advisory policies". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~, ,? / N/A Developme)ff De~barl~efi~ Dire~tlor ~ Planning and Zot~ ~)irector City Attorney / Finance / Human Resources J:LSHRDATA~Planning~SHARED\WP~SPECPROJ~CPTA\02-002~Agenda Item Request Form 6-03-03.dot DEVELOPMENT DEPARTMENT PLANNI'NG & ZONZNG D1'v'rSTON MEMORANDUM NO. PZ 02-269 TO: Chairmen and Members Planning and Developm_ent Board Community Re~/I~ent Agency Board FROM: Dick Hudson, S~r Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November 18, 2002 SUB.1ECT: Future Land Use Element amendments (CPTA 02-002) INTRODUCTZON Staff is proposing a series of amendments to Objectives and Policies in the Future Land Use Element of the Comprehensive Plan. The amendments include: (1) changes to Objective :L12 and its subsequent policies, which deal with residential developments in the Coastal High Hazard Area, and (2) changes to Policy :[.J.6.1, which provides the definitions of all land use designations found on the Future Land Use Map. Comprehensive plan text amendments are determined by statute to be "large-scale" amendments and therefore, are limited to the twice-yearly amendment cycles. ]:n keeping with the City Codes, both the Planning and Development Board and the Community Redevelopment Agency Board review the proposed amendments prior to consideration by the City Commission/Local Planning Agency. These text amendments are a part of the first amendment round for calendar year 2003, and will be transmitted to the Florida Department of Community Affairs for their review and comment prior to final adoption by the Commission tentatively scheduled for late May, 2003. PROPOSED TEXT AMENDMENT (11 (with proposed changes shown in underlined and bold text) Objective 1.12 Coastal area population densities shall not c'xcccd be increased above the number that thoc: ';;hlch can be accommodated by streets and roads in the event that hurricane evacuation is necessary and shall be limited to those areas theft are olanned to accommodate such develooment through the provision of adeauate Dublic facilities and services. Such development must meet minimum standards for Hiqh Velocity Hurricane Zones as required bv the currentlv-adooted Florida Buildinq Code '""';~'" Page 2 Future Land Use Text Amendments CPTA 02-002 Poli~ ~.~2.~ ~e Ci~ shall adopt and enforce regulations to,"~*'~',..,, ~ -,--",- .,'"-",-,, ~-,,~,.'"'~';* th~ ~,,~ ,-,~,- ~'"~'~ ~"~' ~ ~ ...... ~ ...... ~ ..... imp:~r hurfft:~t ~ .... :~,, reoui~ that all new residential dev~loomen~ of more than 50 uni~, which are Io~t~ in Hu~i~ne Evacuation Zone, o~vide continuing info~a~on residen~ conce~inq humane evocuation and shelte~ through the e~blishment Qf a hom~wne~' ~ ~den~' a~a~ofl. Poli~ ~.~2.2 ~ Q~ shall adopt and enforce regula~ons to ~ui~ ~at all new ':mp:~ ~-~-t~' ~-,~, residential proj~ of ~00 dw~lliflg Mn~ or m~e, which are lo~a~ed in ~e Hurricane Evacua~on Zone, :-~",,,~,.~- '" ....... .,, ~..,...,~,,"'-':~" *~ ~C~ ~f ~ '~ ~ .... ; .... C .....~,, ; ~. ~,-~ ...... ..... ~ ........... ~m:rg==~/ H=n=gcmc=~ "~ fQrmulate an ememen~ hurri~ne preparedness plan and shall prQvide the plan tO al! resident= this plan is subi~ to the approval of ~e CiW'5 Ememen~ HanaQement O~cer. ~e inclusion of obj~ves and policies dirked a~ pro~e~on of popula~ons and prope~ ~oas~al High Hazard Areas of ~e ciW are a requiremen~ of ~he minimum criteria for comprehensive plans as se~ fo~ in Chapter 9J-5, FIo~da Admini~a~ve Code. Since adoption of ~he Plan in 1989, ~e changes ~o ~e FIo~da Building Code have greaUy increased ~he requiremen~ for buildings ~o wi~stand higher wind vetod~i~s. ~e Obje~ive is rewri~en acknowledge ~he new code. Obje~ve 1.12 and Poliw 1.12.1 are amended ~o replace ~he required review by ~e Palm Beach CounW Division of Emergenw ~anagemen~. ~e CounW Emergenw Opera~ions Center ~aff is no~ prepar~ ~o pe~orm ~his Wpe of review ~n~on. review is replaced with ~e provision of shelter and evacuation rou~e info~a~ion dire~iy ~o ~he residen~ population. Page 3 Future Land Use Text Amendments CPTA 02-002 Policy 1.12.2 is amended to replace the required traffic impact analysis relating to evacuation times. A survey of traffic engineers disclosed that there is no recommended or accepted methodology for such an analysis. The analysis is being replaced with an emergency hurricane preparedness plan-specific to the subject development and approved by the City's Risk Management Officer. PROP0~ED TEXT AMENDF4ENT ('2) (proposed changes shown in underlined and bold text) Policy ~..16.~. The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems and Opportunities section of this element, shall correspond to ~'~'? Future Land Use Plan in accordance with the following descriptions of la~ ~.ategori~<:. The uses allowed under each land use category shall be cons~, to be the maximum range of uses, but shall not indicate that a particu~ use is necessarily allowed in a land use category or zoning district. The zoning regulations or other provision of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which have land use characteristics '"~'~-~' that are very similar to those '-'~:~' ................... uses listed under a particular land use category may also be allowed in that land use category. Uses allowed in all land use categories: Vacant or undeveloped land, open space, preservation and conservation areas, bodies of water and water management tracts, and rights-of-way; agricultural and horticultural uses as an interim use; public and private parks and recreation areas, golf courses; government, utilities, and communications facilities, but not storage or maintenance facilities as a principal use, or utility plants, unless specifically allowed. General rules for all land use categories: All attached single-family, condominium, and cooperative dwellings which exist at the time of the adoption of this comprehensive plan shall be construed to be in conformance with the densities shown on the Future Land Use Plan, regardless of the existing density, with respect to the continuance, repair, and reconstruction of same, unless the entire site occupied such dwellings is cleared and redeveloped, in which case, the maximum density shall be that which is shown on the Future Land Use Plan. The aspect of this policy concerning non-conforming densities is to be codified in the City's Zoning regulations. Dwellings, which are built on nonconforming lots with a reasonable lot area and on which construction is permitted in the zoning regulations, shall also be construed to conform to the densities shown on the Future Land Use Plan. Mobile home parks in which the residential density exceeds the maximum density shown on the Future Land Use Plan shall be permitted to continue at the existing density, at the non-conforming density, until the use of the entire Page 4 Future Land Use Text Amendments CPTA 02-002 mobile home park is terminated. All new mobile home parks shall conform to the density shown on the Future Land Use Plan. Variances and exceptions to the development regulations which have been adopted in accordance with the land use categories below, which are the minimum variance or exception necessary to allow for the reasonable development of property, shall be construed to be consistent with the use and intensity guidelines set forth below. Recommendations for specific areas which are contained in the Land Use Problems and Opportunities section of this Element shall supersede the uses or intensities set forth in the land uses categories below, if these recommendations are more restrictive. Low Density Res~dent~al; This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations does not exceed 4.84 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Pdvate Governmental/Institutional land use category, however, and parks and recreation fadlities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 4.84 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, rooming and boarding homes, and nursing homes or related health-care facilities, as r~uir~d by state law, which are comparable to this density in character or impact. Density bonuses up to 9.68 dwellings per acre times the average number of persons per household in the City may be allowed for group homes for the elderly in the Low and Moderate Density Residential land use categories, on sites which are specifically designated as such on the Future Land Use Plan. Moderate Den$/ty Re$iden~7'a/: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 4.84 dwelling units per acre, but does not exceed 7.26 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. Page 5 Future Land Use Text Amendments CPTA 02-OO2 The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Resident;iai uses with a aross density of not more than 7.26 dwellinci units per acre; r~laces of worshio, elementary and hi,ih schools, and daY-care services,' rmlice and fire stations; social and civic clubs and oraanizations: community centers; home occunaUons; commercial uses if clearly accessory and subordinate to residential usesr and qccuovino not more than five oercent of the area of a nlanned unit dqvelooment,' also, orou~ homes, roominQ and boarding] hQme~r and nursinQ homes or related health-care facilities, as recluired bY state law, which are comoarable to this density in character or imDact. ~Vied~urn Den$/ty Res/dent/a/: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 7.26 dwelling units per acre, but does not exceed 9.68 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: R_~stdential uses with a a_ross density of not more than 9.68 ¢IW~ ~in_a units mar acre; z~laces of worship, elementary and hiah schools, and day-care services; rmlice and fire stations: social and civic clubs and oraanizations; community centers= home ~¢u~aUons; commercial uses if clearly accessory and subordinate to residential uses, and occuovina not more than five oercent of the area of a r~lanned unit develo~ment~ also, arouo homes, roomina and __h~a_rdina homes, and nursina homes or related health-care flilciliUe~_= as reouired bY state law, which are comoarable to this density in character or imoact. H/gh Den$/ty Re$/dent/'a/: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 9.68 dwelling units per acre, but does not exceed [0.8 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Govemmental/Znstitutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. Page 6 Future Land Use Text Amendments CPTA 02-002 The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a cjr0ss density of not more than 10.8 dwellincj units per acre; places of w0rshipt elementary and hicjh sch~ls, and day-care services: ~olice and fire stations; social and civk; clubs and orqanizations: community centers: home 0ccuoations: commercial uses if clearly accessory and subQrdinate tQ residential uses, and occuDvina not more than five percent of the area of a planned unit develol~ment; also, arouD homes, roomina and boardinq homes, and nursinq h~mes or related health-care facilities, as reouired bY state law, which are comparable to this d~nsitv in character or impact. Special H/gh Density Resident'al: This land use category shall consist of redevelooment and infill residential areas assigned to this land use the ; ........ category in ,-A~=.~, ;~:~a cmcnt =' ~ '"~ ~ .... "~ th~ de$ianated Community Redevelopment Area identified as Planninq Area ! and Planninq Area V in the "Federal Hi_ahwav Corridor Community Redevelopment Plan", adopted on May The uses allowed in this land use category shall be limited to, but shaft not necessarily include, the following: Res!dential u_~e_~ with a qross density of not more than 20.0 dwellinq units Der acre~ places of worship, elementary and hicjh ~;hools. and day-care services; ~olice and fire stations; s~cial and civic ¢t~bs and omanizations~ community centers; and home ~ccuDaUons. Office and retail commercial uses may be considered ir ~'CUDVinq not more than ten (~'0~ ~ercent of the area of a Dlanneo ~nit development and developed at a maximum ~..0 floor area ratio CFAR~. Of/~ce ¢omrner¢/a/: This land use category shall consist of all C-1 Office and Professional Commerdal zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C:-1 district, provided that ail the abovementioned zoning districts are shown on the Future Land Use within the Office Commercial land use category. Page 7 Future Land Use Text Amendments CPTA O2-002 The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Business, professional, and administrative offices; and financial institutions; funeral homes; places of ship; ............................ 7J, schools and instruction, day-care centers, and educational institutions; museums; hospitals and other health care services, group homes, nursing homes and related health care facilities; social and civic clubs and organizations; civic and community centers; limited retail and business services which are related to the above uses, Local £etai/ Commercial: This land use category shall consist of all C-2 Neighborhood Commercial and C-3 Community Commercial zoning districts, an~ -qy other zoning districts which may be established, including Planned C~ ~rcial Development zoning districts, which are similar in character to the .~ or C-3 districts, provided that all of the abovementioned zoning distri~ :~ are shown on the Future Land Use Map within the Local Retail Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Office Commercial land use category, plus retail uses, personal services, and repair of consumer goods; wholesale of non- hazardous commodities; business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; lodging facilities; marinas and boat storage; passenger transportation facilities; temporary amusements, revival tents, and the like; also, high-density residential (maximum 10.8 dwellings units per acre), including mixed use developments. Nixed Use; This land use category shall consist of all Central Business District and Hixed Use-Low :~ntensitv zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category, The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: ~-~; ' ~""~--~'-' L: d U=c ~ ~ Business q~vernment, and orofessional offices financial institutions, medical and dental offices and clinics, vetarinarv offices and clinics: oolite and fire stations, _oost offices; limited retail sales and commercial uses: houses of wor~hilT, museums, community centers, libraries, private clubs, I~lqes, fraternal ~roanizations, indoor recreation Page 8 Future Land Use Text Amendments CPTA 02-002 facilities; sit-down restaurants, bars; oarkino aaraqes; and business services related to the above uses.. ~,~,,~,~,, $incjle family attached hotel, ....... uses at densities and detached, multi-family residential and up to 40 dwelling units per acre are permitted. All land development located in the Mixed Use category shall be required to submit a plan that includes a single unified design for the pro~ject, and shall conform to any adopted design plan(s) for the area covered by the category. I~fixcd Use-Core: This land use category shall consist of all Mixed Use Hi=h Zntensitv zonina distri~;ts and/or any zonin_= district(s~ which may be established subseouent to the adootion of the Plan provided that all of the abovementioned zonin_~ districts are shown Qn the Future Land Use HaD within the 14ixed Use-Core land use Th~ u.~-~$ allowed in this land use ¢~te=orv shall be limited to, but ~;hall not necessarily include the following: Busine~ and Drofe$_~ional offic~: financial institutions; medical and den~l Qffices and clinics; police and fire stations, Dost offices: limit,~l ~il sales and commercial uses; .water-related sales and services; museums, movie and ~erformance theaters, private clubs. I~d=e$: fraternal o~anizati0ns, ind~pr recreation facilities: Darkina lets and =ara=es; sit-down restaurants, bars, ni;htclubs: ann bp$i,es$ services related to the above uses. Hulti-family residential and hotels at densities uD to 80 dwellin; units ~er acre are All land d~v~loDment located in the Iqixed Use-Core cate=orv shall be r~0uired to submit a Dian that includes a sin~_ le unified desian for the Dro_iect, and shall conform to any adopted desi;n Dlan(s~ for the area covered bv the category. Genera/Commercial: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development districts, which are similar in character to the C-4 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vehicle and boat Page 9 Future Land Use Text Amendments CPTA 02-002 storage; household storage; shops for fabrication, rebuilding, and repair on a custom basis. tndustr/a/: This land use category shall consist of all M-:~ and Planned :Industrial Development zoning districts, and any other industrial zoning districts which may be established, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the l:ndustrial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Industrial uses, research and development, wholesale and distribution, '~siness and repair services, warehousing and storage; transportation, -' '~municati. on, and uti!ity facilities, retail sale of home improvement goods, ~ . machinery, and t~:e like; Adult Entertainment Establishments; trade and ina. ~! schools; major recreation facilities such as racetracks, arenas, amusement parks, exposition halls, and the like; offices and restaurants which are accessory to the above uses; temporary amusements, revival tents, and the like; uses allowed in the Office Commercial, Local Retail Commercial, and Public and Private Governmental/Institutional land use categories, if approved as such in a planned industrial development; provided, however, that all of the abovementioned zoning districts are shown on the Future Land Use Map within the l:ndustrial land use category. 4grfcu/ture: This land use category shall consist of all Agricultural zoning districts, provided that all of the land within this zoning district is shown on the Future Land Use Plan in the Agriculture land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Agricultural and horticultural uses as either an interim or long-term use; processing and sale of produce gr.own on the premises; kennels; horse breeding, stables, and training; churches, cemeteries, and schools; single- family detached dwellings with a net density of not less than one dwelling per five acres. £ecreatz'onal; This land use category shall include all Recreational zoning districts, but shall not be limited to this zoning district. It shall be the policy of the City that all land acquired for public parks, excluding those which are located in planned zoning districts or the Central Business District, shall be placed in the Recreational land use and zoning category within five years of acquisition. All of the abovementioned properties and zoning districts shall be construed to be in the Recreational land use category, however, only if shown as such on the Future Land Use Plan. Page lO Future Land Use Text Amendments CPTA 02-002 The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Public parks and recreational facilities; golf courses; private parks and recreation facilities; social and civic clubs and organizations; civic and community centers; waters of Lake Worth and the :[ntracoastal Waterway, excluding finger canals, and other bodies of water. Public and Private Governmental/Zn~'tut/onal: This land use category shall include all PU Public Usage zoning districts, and shall include all sites of three acres or more which are occupied by city hall, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship, and private schools. Public schools that were in existence prior to :[988 shall also be included in this land use category. The land use category for public schools built after 1988 shall be a reasonable category that is agreed upon by the City and the Palm Beach County School Board administration. All of the abovementioned properties and zoning districts shall be construed to be in the Public and Private Governmental/Institutional land use category, however, only if shown as such on the Future Land Use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Government office buildings, libraries, police and fire stations; utility plants, stations, and substations; government storage and maintenance facilities; other government-owned or -operated uses; public schools, places of worship, private schools, day-care services; institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies; social and civic clubs or organizations; cemeteries; civic and community centers, and public parks and recreation facilities. ¢on_ge_,-vation: The City shall aDDIV a Conservation (CON~ land use cateqorv to any natural areas acquired within the City for the DUrDOSe of conservinq or orotectina natural resources or ~nvironmental uuality. This cateo~orv corresuonds to the ErlvirQnmentallv Sensitive Lands (ESL) zoninu district. The areas so d~iunated may be used for wildlife manauement, passive r~Teation and environmental restoration/protection. These natural areas may include site imDrovements to suuuort uses that are deemed a~urouriate and consistent with the function of the desionat_w]_ area. The City shall coordinate with Palm Beach County tO de$i_unate environmentally sensitive lands that are publicly a¢cluired within the incoroorated area as Conservation. Conservat~bn Overlay: The uses allowed in this land use category shall be the same as for the underlying land use category, however, in accordance with the policies contained in the Conservation Element, a minimum of 25% of · Page 1~ Future Land Use TextAmendments CPTA 02-002 native habitat occurring on any development site shall be preserved; furthermore, mangroves which occur on these sites shall be preserved consistent with federal, state, and Palm Beach County regulations, and policies contained in the Regional Comprehensive Policy Plan. The City may allow reasonable intensification of the remainder of sites in this category above the intensities which are generally permitted, and may allow the transfer of development rights from these sites, for the purpose of preserving more than 25% of the native habitat on site. Boynton Beach 20/20 Primary Target Areas Overlays; The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. -Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulationsf amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Commercial Target Areas shall include but not be limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S.1 from north to south city limits, · Boynton Beach Boulevard from U.S.1 to ]:-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and, · Golf Road between U.S. 1 and Seacrest Boulevard. ANALYSZS As stated above, Policy 1.16.1 contains all of the definitions of land use categories found on the Future Land Use Map. All of the text of Policy 1.16.1 is included, even though the amendments only affect a few portions of the policy and some of the changes are minor grammatical corrections. The major changes and additions are as follows: · A list of uses is provided for each residential land use classification, rather than building on the uses permitted in prior classifications. This is to provide a clearer understanding of the range of uses permitted in each classification. · Language is added to ensure conformance with state law in locating group homes and other congregate living facilities. · Language is added to reference the Federal H~qhway Corridor Community Redeve/oprnent Plan in the definition of Special High Density Residential land use category consistent with recommendations found in the plan. · Self-service storage facilities (limited-access mini-warehouse only) use removed as a permitted use in the Office Commercial (OC) land use classification in anticipation of changes to be initiated during the pending planning study. This Page 12 Future Land Use TextAmendments CPTA 02-002 revision could be modified to match the corresponding zoning code changes resulting from the study, prior to adoption of the amendment in mid 2003. · The MU-L Mixed Use-Low Intensity zoning district is recognized as being consistent with the Mixed Use (MU) land use classification, consistent with recommendations of the Federal Hi_qhway Corridor Community Redevelopment Plan. · A Mixed Use-Core (MU-C) land use classification and definition is added and the MU-H Mixed Use-High Intensity zoning category is recognized as being consistent with the classification also, consistent with recommendations of the Federal H/_qhway Corrfdor Community Redevelopment Plan. · A Conservation (CON) land use classification and definition is added and the ESL Environmentally Sensitive Lands zoning category is recognized as being consistent with the classification. This language is being added at the request of the Palm Beach County Department of Environmental Management and is consistent with the intedocal agreement between the City of Boynton Beach and Palm Beach County relating to the purchase and maintenance of the Seacrest Scrub and Rosemary Scrub preservation areas. RECOMMENDAT]:ON Staff recommends approval of the amendments as the minimum required to update the Comprehensive Plan with regards to changing review poticfes by outside agendes and recommendations of adopted City-initiated studies. A'I-I'ACHMENTS \\Ch\MA~N\SHRDATA\P~anning'~HARED\WFR, SPECPROJ~CPI'A\02-0OZ~DAFF REPORT CPT'A 02-'002.~C Glinski, Bonnie From: Hudson, Dick (Orran) Sent: Friday, May 23, 2003 11:10 AM To: Glinski, Bonnie Subject: RE: / It really doesn't go far~enough. We are also modifying the definitions of the land use designations and adding intensib/s~andards to all non-residential definitions and adding a Conservation land use. Finally, we are requiring an update of the Problems and Opportunities section of the support documents by 200,~. Dick ..... Odginal Message .... From: GlinskJ, Bonnie Sent: Friday, Hay 23, 2003 10:43 AM To: Hudson, Dick (Orr-an) Subject: Dick - Would you take a look at this revised agenda - item XII.B.10 on page 9 & see if that looks o.k. to you. Thanks. << File: 060303.doc >> ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING OBJECTIVES 1.12 AND 8.8 OF THE COMPREHENSIVE PLAN TO INSURE COMPLIANCE WITH THE FLORIDA BUILDING CODE WITH RESPECT TO RESIDENTIAL DEVELOPMENT IN THE COASTAL HIGH HAZARD AREA; AMENDING OBJECTIVE 1.16 OF THE COMPREHENSIVE PLAN TO CLARIFY TYPES OF USES PERMIT-FED WITHIN VARIOUS LAND USE CATEGORIES; TO CLARIFY THE MIXED USE (MU) LAND USE CLASSIFICATION; TO CREATE AND DEFINE THE MIXED USE CORE (MU-C) AND CONSERVATION (CON) LAND USE CLASSIFICATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Flodda I"City") has adopted a comprehensive plan and as part of said plan, adopted Objective 1.12, Objective 8.8, and Objective 1.16, pursuant to Ordinance 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, after public hearing and study, the City Commission deems it [o be in the best interest of the inhabitants of the City to amend the text of the City's Comprehensive Plan by amending Objective 1.12, Objective 8.8, and Objective 1.16, as provided herein; and WHEREAS, it is the recommendation of staff that a text amendment to 3bjective 1.12 and Objective 8.8 be made in order to reflect changes to the :lodda Building Code which have altered the requirements for buildings to ~/ithstand higher wind velocities, and to provide for the City's Emergency vlanagement Officer to review hurricane preparedness plans for residential :levelopments of 100 units or more; and WHEREAS, it is the recommendation of staff that a text amendment to :~olicy 1.16.1 be made to provide for clarification regarding the types of uses 3ermitted in each residential land use classification, to insure compliance with state law regarding the locating of group homes and congregate living facilities, and to insure residential development conforms with the Federal Hiqhway Corddor Community Redevelopment Plan; and WHEREAS, it is the recommendation of staff that a text amendment to :~olic~J ~. 16.1 be made to provide for the removal of self-service storage facilities limitecl-access mini-warehouse only) as a permitted use in the Office ;ommercial (OC) land use classification; and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to provide for recognizing the MU-L Mixed Use-Low Intensity zoning distdct as being consistent with the Mixed Use (MX) land use classification; and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to provide for a Mixed Use-Core (MX-C) land use classification and definition, and a finding that the MU-H Mixed Use High Intensity zoning distdct is consistent with the Mixed Use-Core land use ~lesignation; and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to provide for a Conservation (CON) land use classification and definition and finding that the ESL, Environmentally Sensitive Lands zoning category is consistent with the CON land use designation; and WHEREAS, it is the recommendation of staff that a text amendment to !Policy 1.16.1 be made to provide for floor area ratios in various land use !categories; and, WHEREAS, it is the recommendation of staff that a text amendment to 'Policy 1.16.3 be made to require, by 2004, an update to the Problems and Opportunities Section of the land use element support documents to reflect current conditions in each of the planning areas. NOW THEREFORE, BE IT ORDAINED BY THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Objective 1.12 of the City of Boynton Beach Comprehensive Plan shall be amended by adding the words and figures in underlined type, to read as follows: Objective1.12 Coastal area population densities shall not ~ be increased above the number that these '::h!ch can be accommodated by streets and roads in the event that hurricane evacuation is necessary and shall be limited to those areas that are planned to accommodate such development throuah the provision of adequate public facilities and services. Such development must meet minimum standards for Hiqh Velocity Hurricane Zones as required by the Florida Building Code·, C ;re ' Emcrgcncy ~olicy 1.12.1 The Ci~ shall adopt and enforce regulations to ~ .................. ~,,h;,-,h ~,,,.~, ,I,.4 ,~,, h~,+,.---,+i,-~lh ~ ;,-,-.n,-,;,- h, ,,-,-;,.,,-~ n n ~. require that all new residential developments of more than 50 units, which are located in the Hurricane Evacuation Zone, will provide continuinq information to resident~ concemin.q hurricane evacuation and shelters throuqh the establishment of a homeownem' or residents' association. =olicy 1.12.2 The City shall adopt and enforce regulations to require that all new ~-"~" ; .... , -..,=tc-,~,,,c ~,-,r residential projects of 100 dwelling units or mom, which are located in the Hurricane Evacuation Zone, ,h,,.,,.~,~C.~_~O ........ +;,~ ~;,,~ l'h,~ C';~, ~h~ll ~ ...... '~ 3 ...... ~. .......... pro cct Thc formulate an emerqency hurricane preparedness plan and shall provide the plan to all residents; this plan is subiect to the approval of the City's Risk Manaqement Officer. Section 2. That Objective 8.8 of the Comprehensive Plan shall be amended by adding the words and figures in underlined type, to read as follows: :)olicy8.8.4 The City shall inform the Palm Beach County Emergency Management Division, and the City's Risk Manager, concerning any changes in allowable residential densities that would significantly increase the population to be evacuated (located within the Hurricane Evacuation Zone). ~Policy 8.8.5 The City shall adopt and enforce regulations to, .,,~-+~-.;~,,.. ;~;- hu~mnc ..... .~+;~- require that all new residential developments of more th~n $0 unit~, whioh ~m Ioo~t~d in th~ ~v~ou~tion ~on~ pro~id~ oontinuinfl to m~id~nt~ ~ono~minfl hu~oan~ ~ou~on and ~h~lt~ throuflh th~ ~tabli~hm~nt of ~olicyS.8.~ lbo Gi~ shall adopt and onfomo ~ulafions to mquiro that all n~w traffic impact statomnm msidontial projocts of ~00 dwollin~ unit~ or mom which am Iocat~ in th~ ~uffimn~ fivacuation Zono ,;n~l"~,,~,.~ --,,~ ~"°1"~+;~.~,...,~,, ~, ,,h~ .,,~.~ ~,~ o .... +;~ c ......... o~. fo~ulate an emerflency hufficane preparedness plan and shall provid~ th~ plan to all m~id~nt~ thi~ plan ~ub~t to th~ approval of th~ ~i~'~ Soction 3. lhat Objo~ivo ~.~ of th~ Gomprohonsivo ~mondod by addin~ tho words and fi~uro~ in und~dinod ~po, to road a~ follows: Objective 1.16 The City shall continue to regulate the use, density, and intensity of land use, by requiring that all land development orders be consistent with the Future Land Use Plan and other applicable policies of the Comprehensive Plan. =olicy 1.16.1 The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems and Opportunities section of this element, shall correspond to the Future Land Use Plan in accordance with the following descriptions of land use categories. The uses allowed under each land use category shall be construed to be the maximum range of uses, but shall not indicate that a particular use is necessarily allowed in a land use category or zoning district. The zoning regulations or other provision of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which have land use characteristics '::h!ch that are very similar to those ~ uses listed under a particular land use category may also be allowed in that land use category. Uses allowed in all land use categories: Vacant or undeveloped land, open space, preservation and conservation areas, bodies of water and water management tracts, and rights-of-way; agricultural and horticultural uses as an interim use; public and pdvate parks and recreation areas, golf courses; government, utilities, and communications facilities, but not storage or maintenance facilities as a principal use, or utility plants, unless specifically allowed. General rules for all land use categories: All attached single-family, condominium, and cooperative dwellings which exist at the time of the adoption of this comprehensive plan shall be construed to be in conformance with the densities shown on the Future Land Use Plan, regardless of the existing density, with respect to the continuance, repair, and reconstruction of same, unless the entire site occupied such dwellings is cleared and redeveloped, in which case, the maximum density shall be that which is shown on the Future Land Use Plan. The aspect of this policy concerning non-conforming densities is to be codified in the City's Zoning regulations. Dwellings, which are built on nonconforming lots with a reasonable lot area and on which construction is permitted in the zoning regulations, shall also be construed to conform to the densities shown on the Future Land Use Plan. Mobile home parks in which the residential density exceeds the maximum density shown on the Future Land Use Plan shall be permitted to continue at the existing density, at the non-conforming density, until the use of the entire mobile home park is terminated. All new mobile home parks shall conform to the density shown on the Future Land Use Plan. Variances and exceptions to the development regulations which have been adopted in accordance with the land use categories ~, whk-~ are the minimum vadance or exception necessary to allow for the reasonable development of property, shall be construed to be consistent with the use and intensity guidelines set forth below. Recommendations for specific areas which are contained in the Land Use Problems and Opportunities section of this Element shall supersede the uses or intensities set forth in the land uses categories below, if these recommendations are more restdctive. Low Density Residential'. This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations does not exceed 4.84 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 4.84 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occupations; commercial uses if cleady accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, rooming and boarding homes, and ~,Jrsing homes or related health-care facilities whicr: -~ comparable to this density in character or impac: ~nsity bonuses up to 9.68 dwellings per acre t;~ the average number of persons per househc~. ~n the City may be allowed for group homes lc; the elderly in the Low and Moderate Density Residential land use categories, on sites which are specifically designated as such on the Future Land Use Plan. Moderate Density Residentiah This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 4.84 dwelling units per acre, but does not exceed 7.28 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a .qross density of not more than 7.26 dwellinq units per acre; places of worship, elementary and hiqh schools, and day-care services; police and fire stations; social and civic clubs and or.qanizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occup¥in.q not more than fiv~, percent of the area of a planned unit development; also, qroup homes, roomin.q and boardinq homes, and nursin.q homes or related health-care facilities which are comparable to this density in character or impact. Medium Density Residentiak This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 7.26 dwelling units per acre, but does not exceed 9.68 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Pdvate Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a qross density of not mom than 9.68 dweilinq units per acre; places of worship, elementary and hi.qh schools, and day-care services; police and fire stations; social and civic clubs and or.qanizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occupyin.q not more than five percent of the area of a planned unit development; also, qroup homes, roomin.q and boardinq homes, and nursinq homes or related health-care facilitie~ which are comparable to this density in character or impact. A Floor Area Ratio (FAR) up to 0.10 may be considered for non-residential uses. High Density Residential: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 9.68 dwelling units per acre, but does not exceed 10.8 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Pdvate Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include', the following: Resident~:~! uses with a .qross density of not more than 10. %vellinq units per acre; places of worship, elementary and hiqh schools, and day-care services; police and fire stations; social and civic clubs and or.qanizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occupyin.q not more than five percent of the area of a planned unit development; also, .qroup homes, roomin.q and boardinq homes, and nursin.q homes or related health-care facilities which are comparable to this density in character or impact. A Floor Area Ratio (FAR) up to 0.1 may be considered for non-residential uses. Special High Density Residential: This land use category shall consist of redevelopment and infill residential areas assigned to this land use category in the r-..~o+.., hA ........ + c:~ ...., portion of the desi.qnated Community Redevelopment Area identified as Planninq Area I and Planninq Area V in the "Federal Hiqhway Corddor Community Redevelopment Plan", adopted on May 15, 2001. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a qross density of not mom, than 20.0 dwellinq units per acre; places of worship, elementary and hi.qh schools, and day-care services; police and fire stations; social and civic clubs and or.qanizations; community centers; and home occupations. Office and retail commercial uses may be considered if cleady accessory and subordinate to residential uses, occupyin.q not more than ten percent of the area of a planned unit development. A Floor Area Ratio (FAR) up to 0.20 may be considered for non-residential uses. --"-~.. ,~ .... . ."'""'~ "+ c '"'c";'"um Office Commercial: This land use category shall consist of all C-1 Office and Professional Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-1 district, provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Office Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Business, professional, and administrative offices; and financial institutions; funeral homes; places of worship; self-service storage facilities (limited-access mini-warehouse only); schools and instruction, day- care centers, and educational institutions; museums; hospitals and other health care services, group homes, nursing homes and related health care facilities; social and civic clubs and organizations; civic and community centers; limited retail and business services which are related to the above uses. A Floor Area Ratio (FAR) up to 0.40 may be considered for office commercial and related uses. Local Retail Commercial: This land use category shall consist of all C-2 Neighborhood Commercial and C-3 Community Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-2 or C-3 districts, provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Local Retail Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include', the following: ~.!! uses allowed in the Office Commercial land use ¢:: ~gory, plus retail uses, personal services, and r~.~ir of consumer goods; wholesale of non- hazardous commodities; business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; lodging facilities; marinas and boat storage; passenger transportation facilities; temporary amusements, revival tents, and the like; also, high- density residential (maximum 10.8 dwellings units per acre), including mixed use developments. A Floor Area Ratio (FAR) up to 0.50 may be considered for local retail commercial uses. Mixed Use: This land use category shall consist of all r,,,,,,,.,,J ,',,...; .... n~,~,., Mixed Use-Low Intensity zc;',ing districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: All uses located in the Local Retail Commercial land use category, plus all uses located in the High Density Residential Land Use Category. -; heweve~, R_residential and hotel/metel densities up to 40 dwelling units per acre are permitted. A Floor Area_. Ratio (FAR) up to 1.5 may be considered for all uses, exclusive of parkin.q structures, throu.qhout the Mixe~ Use category; however, a FAR of up to 2.0 may be considered for developments immediately abuttin.q the Mixed Use-Core land use cate.qory or meetin.q other Iocational cdtedao All land development located in the Mixed Use-Low Intensity category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. Mixed Use-Core: This land use cateqory shall consist of all Mixed Use Hiqh Intensity zoninq districts and/or any zoninq district(s) which may be establishe~ subsequent to the adoption of the Plan provided that all of the above-mentioned zoninq districts are shown on the Future Land Use Map within the Mixed Use- Core land use cateqory. The uses allowed in this land use cate,qory shall be limited to, but shall not necessarily include the followin,q: All uses located in the Local Retail Commercial land use cateqory, plus all uses located in the Hiqh Density Residential Land Use Cateqory; however, residential and hotel densities up to 80 dwellinq units per acre are permitted. A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parkin.q structures, throu.qhout the Mixed Use Corn land use cateqory. All land development located in the Mixed Use-Corn cateqory shall be required to submit a plan that includes a sinqle unified desiqn for the proiect, and shall conform to any adopted desiqn plan(s) for the area covered by the cateqory. General Cornmercia/: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development districts, which are similar in character to the C-4 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vehicle and boat storage; household storage; shops for fabrication, rebuilding, and repair on a custom basis. A Floor Area Ratio (FAR) up to 0.50 may be considered for general commercial uses. Industdak This land use category shall consist of all M-1 and Planned Industrial Development zoning districts, and any other industrial zoning districts which may be established, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Industrial uses, research and development, wholesale and distribution, business and repair services, warehousing and storage; transportation, communication, and utility facilities, retail sale of home improvement goods, tools, machinery, and the like; Adult Entertainment Establishments; trade and industrial schools; major recreation facilities such as racetracks, arenas, amusement parks, exposition halls, and the like; offices and restaurants which are accessory to the above uses; temporary amusements, revival tents, and the like; uses allowed in the Office Commercial, Local Retail Commercial, and Public and Private Governmental/Institutional land use categories, if approved as such in a planned industrial development; provided, however, that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category. A Floor Area Ratio (FAR) up to 0.50 may be considered for industrial land uses. Agriculture: This land use category shall consist of all Agricultural zoning districts, provided that all of the land within this zoning distdct is shown on the Future Land Use Plan in the Agriculture land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Agricultural and horticultural uses as either an intedm or long-term use; processing and sale of produce grown on the premises; kennels; horse breeding, stables, and training; churches, cemeteries, and schools; single-family detached dwellings with a net density of not less than one dwelling per five acres. A_. Floor Area Ratio (FAR) up to 0.05 may be considered for non-residential uses. Recreationah This land use category shall include all Recreational zoning districts, but shall not be limited to this zoning district. It shall be the policy of the City that all land acquired for public parks, excluding those which are located in planned zoning districts or the Central Business District, shall be placed in the Recreational land use and zoning category within five years of acquisition. All of the abovementioned properties and zoning districts shall be construed to be in the Recreational land use category, however, only if shown as such on the Futura Land Use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Public parks and recreational facilities; golf courses; private parks and recreation facilities; social and civic clubs and organizations; civic and community centers; waters of Lake Worth and the Intracoastal Waterway, excluding finger canals, and other bodies of water. Public and Private Governmental/Institutional: This land use category shall include all PU Public Usage zoning districts, and shall include all sites of three acres or more which are occupied by city hail, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship,, and pdvate schools. Public schools that were in existence pdor to 1988 shall also be included in this land use category. The land use category for public schools built after 1988 shall be a reasonable category that is agreed upon by the City and the Palm Beach County School Board administration. All of the abovementioned properties and zoning districts shall be construed to be in the Public and Pdvate Governmental/Institutional land use category, howeYer, only if shown as. such on the Future Land The ~.oes allowed in this land use category shall be limited to, but shall not necessarily include, the following: Government office buildings, libraries, police and fire stations; utility plants, stations, and substations; government storage and maintenance facilities; other government-owned or -operated uses; public schools, places of worship, pdvate schools, day-care services; institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies; social and civic clubs or organizations; cemeteries; civic and community centers, and public parks and recreation facilities. Conservation Overlay: The uses allowed in this land use category shall be the same as for the underlying land use category, however, in accordance with the policies contained in the Conservation Element, a minimum of 25% of native habitat occurring on any development site shall be preserved; furthermore, mangroves which occur on these sites shall be preserved consistent with federal, state, and Palm Beach County regulations, and policies contained in the Regional Comprehensive Policy Plan. The City may allow reasonable intensification of the remainder of sites in this category above the intensities which are generally permitted, and may allow the transfer of development dghts from these sites, for the purpose of preserving more than 25% of the native habitat on site. Conservation: The City shall apply a CON Conservation land use cateqory to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife, manaqement, passive recreation and environment~ restoration/protection. These natural areas may include site improvements to support uses that am deemed appropriate and consistent with the function of the desiqnated area. The City shall coordinate with Palm Beach County to desi,qnate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. No development is allowed in the Conservation land use cateqory. Boynton Beach 20/'20 Primary Target Areas Overlays: The target areas delineated in the 8oynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. --Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Pdmary Commercial Target Areas shall include but not be limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S.1 from north to south city limits, · Boynton Beach Boulevard from U.S.1 to 1-95; · Ocean Avenue from the Madna to Seacrest Boulevard; and, · Golf Road between U.S. 1 and Seacrest Boulevard. 3olicy1.16.2 The City shall continue to enforce the land development regulations to provide that the maximum floor/area ratio in non-residential land use categories - shall be limited by the maximum lot coverage, the maximum height, and the parking, landscaping, and stormwater retention requirements contained in the City's Code of Ordinances. However, in no case shall the lot coverage exceed 50% in commercial, recreational, and public usage zoning districts, other than the Central Business Distdct zoning district, which shall not exceed 85% and 60% in zoning di~ ~?~ts which are included in the Industrial land use ca[~gory. Policy1.16.3 The City shall continue to enforce the land development regulations to enforce and implement the policies that regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities section I ~ .... i ..... ~ ..... I.,+J ..... .~ are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the olanninq areas. Until the revisions are adopted, the recommendations shall be considered as advisory. Section 4. All laws and ordinances applying to the City of Boynton 3each in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any }ortion thereof be declared by a court of competent jurisdiction to be invalid, ~uch decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this ~ day of June, 2003. SECOND, FINAL READING AND PASSAGE this day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTE " City C ~rk DNT:dnt H:\1990\: ~182.BB\ORD\CPTA 02-002 (5-27-03).do¢ XII. - LEGAL ITEM B.11 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commiss!on Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetimt Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admmistxafive [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 3, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to the change fi.om "may" to "shall" in the second to the last sentence of the subject definition. This change emphasizes the necessity for height exception approval for selected elements to exceed maximum building height. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03 -090. EXPLANATION: PROJECT: Building Height Measurement (CDRV 03-003) AGENT: City Initiated LOCATION: City-wide DESCRIPTION: Request to amend the Land Development Regulations, Chapter 1, Article II. Definitions, "Building Heighf', to require the base measurement be fi.om an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developma~i56p~trtir~fi~D~ir~'ctor M ~/' Ci~ M~ger s Si~e Pla~g ~d Zo~g ~ctor CiW A~omey / F~ce / H~ Reso~ces S:~lanning~DX~PECPRO~CODE ~VIE~uilding Height Me~ure~t 03~g~da Item Request Building H~ Me~urement CDRV 03- 003 6-343.dot S:~ULLET~O~S~GENDA ITEM ~QUEST FO~.~ DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-090 TO: Chairman and Members Planning and Development Board FROM: Michael W. Rumpf ~"~ Director of Planning and Zoning DATE: Apd116, 2003 SUBJECT: Building Height Measurement (CDRV 03-003) Request to amend the Land Development Regulations, Chapter 1, Article I1. Definitions, "Building Height", to require the base measurement be from an adjacent property or the minimum flood elevation, to add parapet roofs to definition, and to add a reference to the height exception process. NATURE OF REQUES'r Staff is recommending an amendment to the city's Land Development Regulations, Chapter 1, Article II. Definitions, to change the definition for Building Height. The proposed amendment would 1) be revised to apply to ~structures" as well as ~buildings"; 2) change the methodology for measuring building heights recluiring that the base measurement be from the highest of either an abutting point on an adjacent property or the minimum flood elevation (F.E.M.A.); 3) add parapet roofs to the definition; 4) require that rooftop elements including screening be designed compatible with the principal structure; and 5) reference the height exception process as required when the maximum height is exceeded by certain design or other ancillary elements. BACKGROUND The current definition for Building Height, as indicated under ANALYSIS below, requires (or allows) the base measurement to be from the finished grade of the subject property, which is defined by another definition within this same section. This definition for finished grade reads as follows: Grade, Finished - The average level of the finished surface of the ground adjacent to the exterior walls of the structure. As indicated above, current definitions result in maximum building height being based on a vadable rather than a constant value. Although in most instances, to minimize cost, minimum fill is used for a given project to raise the elevation to the minimum required by F.E.M.A. (see photograph in Exhibit "A"), additional fill may be used to increase finished grade when views and possibly project values are enhanced (See photograph in Exhibit "B" and diagram in Exhibit "C"). This definition or methodology has been superceded by the outcome of a previous lawsuit between the city and a property owner, but only as it pertains to the measurement of a structure such as a buffer or retaining wall placed along the property line. In this case, a significant discrepancy was created between the elevations of adjacent properties that were separated by a retaining wall. When measured from the inside of the wall, on the subject property, the wall was compliant with the maximum height limit of 6 feet. However, if measured from the outside of the wall, the wall greatly exceeded the maximum height. This court precedence has led to the requirement that the height of buffer or retaining walls be measured from the outside of the structure. Further, this requirement has not been codified, and generally may only apply to structures such as walls placed along a property line. City regulations include a maximum building height depending on the zoning district; however, the Page 2 Building Height Measurement maximum height of a structure could vary significantly as seen from an adjacent property. City regulations currently do not include a maximum finished grade elevation thereby allowing unlimited fill to be used to raise a building to maximizing height and views of nearby amenities such as the ocean. To avoid the possible discrepancies between finished elevations and building heights on adjacent properties, staff is recommending this change which indirectly establishes a maximum finished grade (see diagram in Exhibit "D"). ANALYSIS The proposed code amendment is indicated below, with underlined and crossed-out text to reflect the proposed changes. BUILDING/STRUCTURE HEIGHT - The vertical distance in feet frcm fi~ichcd grcd~ measured from the lowest point at the property line of an adiacent property or from the minimum base flood elevation as established by FEMA, whichever is hi,qhest, to the highest point of the roof for fiat roofs, to the deck line for mansard roofs and parapet roofs with parapets less than five feet in hei.qht;. _.._""'~ ~".v *~'.,v ......... ..~._~_ "'-~-'~* ~-'~*' ............. '~ *"~ '~'~'~" "~ ""~"~ ~';" ""'~ ""'"'~'"" '"'": ......... '~ ~"'- "'~" Gable and hip roof heiqhts shall be measured to the midpoint between the eaves and the dd.qe. Rooftop penthouses, stairwells mechanical and electrical equipment shall be concealed by or constructed of extedor architectural materials or features of the same type or quality used on the extedor walls of the main buildinq and may only exceed the maximum buildin.q hei.qht pursuant to the provisions of Chapter 2, Section 4.F. of the Land Development Requlations, City of Boynton Beach, Flodda. Walls or retainin.q walls shall also be measured from the lowest adiacent property line to the top of the structure excludinq column caps, column capitals and other similar architectural items. A description of the above-described changes are itemized below. 1 ) The addition of "STRUCTURE" to the definition title. This change will avoid any uncertainty as to its application to other improvements such as buffer or retaining walls, and specifically codify the requirement resulting from the previous court case requiring that heights be measured from the outside of the wall. 2) Base measurement changed from finished grade to adjacent property or FEMA. As described herein, this is the principal change proposed which will set a maximum structure height as measured from an adjacent property or from the minimum flood elevation (which vades geographically). Therefore, despite the amount of fill added, and the ultimate finished grade of a parcel, maximum structure height will more closely correspond and be consistent with, adjacent properties. 3) The addition of "parapet roof". A parapet roof represents a separate roof style that should be included in this definition. Particularly since parapets are often required of a project to satisfy the city's roof-top equipment, screening requirement, it is recommended that parapets five (5) feet or less be excluded from the height measurement. 4) Requiring design compatibility and describing general eligibility for height exception. This addition is a necessary aspect to the definition of building height and the corresponding methodology. This documentation places the needed emphasis on exempt items, and steers the reader to the proper place to find additional information on the required process. 5) The addition of, and applicability to buffer and retaining walls. As indicated herein, this addition expands the definition to also apply to other improvements such as buffer or retaining walls, consistent with the direction received from the City Attorney. Page 3 BUilding Height Measurement The other changes indicated in the proposed text are only related to sentence restructuring, not content. With respect to process, since the proposed code change is not applicable to a specific area of the city or zoning district, it must be reviewed by both the Planning & Development Board and the Community Redevelopment Agency Board, pdor to review and adoption by the City Commission CONCLUSIONS/RECOMMENDATION Staff recommends that the subject changes to the definition of "Building Height" be approved, in part, to minimize incompatibilities in project heights caused by significant deviations in final project grade. Due to the current rate of infill and anticipated redevelopment throughout the eastern portion of the city, staff recommends that this amendment be processed immediately rather than delaying it to be included with the rewdte of the Land Development Regulations; the rewdte project will not be completed until the next fiscal year. Any changes recommended by the Boards will be presented to the City Commission and, if appr~'. '1, incorporated into the final ordinance. MR Attachments $:~a~a~ning~SHARED~WP~SPECPRO,ACODE REVlEW~ilding Height Measurement 03~taff?egert-heigl~t.~ EXHIBIT "A" 2505 N Lake Drive adjacent to 25t0 N Lake Drive Boynton Beach, Florida EXHIBIT ,"B" 2625 N Lake Drive adjacent to 2623 N. Lake Drive Boynton Beach, Florida EXHIBIT "D" ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, GENERAL PROVISIONS, ARTICLE II, DEFINITIONS, AMENDING THE DEFINITION OF BUILDING HEIGHT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, building height is currently calculated, pursuant to the LandI I Regulations, by measuring fi.om the finished grade of the property where the is to be built or is presently located; and WHEREAS, it has been determined that becan~ of varying grades of adjacent ~erties and the practice of adding fill to a tract of land to raise the finished grade of the it is necessary to provide for a new definition of building height with tl~ focal [g point being the crown of the mad, rather than' the finished grade of the subject and WHEREAS, without this definition change to the term, "Building Height," it is ~le that the structures on a single residential street could have the look of a city skyline, than a residential neighborhood, resulting in flooding concerns for properties adjacent those properties where the finished grade is higher or has been raised; and WHEREAS, at ira meeting May 13, 2003, the Community Redevelopment Agency of City of Boynton Beach, Florida, recommended that the City Commission amend the of "Building Height" in the City's Land Development Regulations for purposes of :larification and uniformity on measurement; and WHEREAS, at its meeting of May 27, 2003, the City of Boynton Beach Planning Development Board recommended that the City Commission amend the Definition of "Building Height" in the City's Land Development Regulations for purposes of clarification and uniformity on measurement; and WHEREAS, City staff agrees with the recommended change to the definition of "Building Height" to promote uniformity and consistency in measurement; WHEREAS, the City Commission of the City of Boynton Beach concurs with the and Development Board and finds that this definitional change is necessary to .tect the health, safety, and general welfare of the citizens of the City of Boynton Beach; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified confirmed by the City Commission. Section 2. That Chapter 1, General Provisions, Article 12I, Definitions, is hereby by adding the words and figures in underlined type and by deleting the words and in struck-through type, as follows: UILDING/STRUCTU~ HEIGHT - The ve~ical dist~ce in feet ~=m e~ed ~om the lowest point at the prope~ line of~ adiacent prope~ or ~om the imm~ b~e flood elevation ~ established by FE~, w~chever is h~est, to th~ ~est point of the roof for flat roofs, to the deck line for m~s~d roofs ~d p~apet roofs with p~apets less th~ five feet in heist; =~ *~ *~ ......... ~;_~, ~.~ ............. Gable ~d ~p roof heists shall be the midpoint be~een ~e eaves ~d ~e ridge. RooRop penthouses, stm~ells :hanical ~d elec~cal equipment shall be concealed by or cons~cted of exterior materials or feazes of the s~e ~e or quali~ us~ on ~e ext~or wails of the building ~d may o~y exceed ~e m~im~ building heist p~u~t to ~e provisions Section 4.F. of the L~d Development Re~latiom, Ci~ of Boston Beth, Walls or retaining walls shall also be me~ ~om ~e lowest ~j~t prope~ l~e to the top of ~e s~c~e excluding col~ caps, col~ capitals ~d o~ s~l~ items. Section 3. Each ~d eve~ other provision of ~e L~d Development Re~lafio~ herein specifically ~ended, sh~l rem~ in ~ll fore ~ eff~ ~ ofi~n~ly ~opt~. Section 4. Ail laws ~d ordin~ces appl~ng to ~e CiW of ~ton Beach in :wi~ ~y provisions of ~s ordin~ce ~e hereby r~ealed. Section 5. Should ~y section or provision of ~s ~din~ce or ~y potion be decided by a co~ of competent j~sdiction to be inv~id, such decision shall not the remainder of t~s ~ce. Section 6. Au~ofiW is hereby ~ven to codi~ t~s ~din~ce. S~tion 7. ~s ~din~ce shall become effective i~ediately. F~T ~~G t~s ~ day of ,2003. SECO~, ~ ~~G ~ PASSAGE t~s ~ day of 003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: Clerk \ 1990~900182.BB\ORD~uilding Height LDR-Final.doc