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Agenda 10-07-03The City of Boynton Beach 100 E. Boynton Beach Boulevard ~ (561) 742-6000 City Commission AGENDA OCTOBER 7, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCTPAT~ON AT CTrY OF BOYNTON BEACH COMMTSSTON MEETZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda ]terns: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda ]terns: 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. SPEAI~NG AT COMMZSSTON MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item 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 celored 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 :~tems: 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 celored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COMMTSS:[ON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). October 7, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner McKoy D. IF YOU WISH TO ADDRESS THE COMMISS'rON: FILL OUT THE APPROPRIATE REQUEST FORM · GIVE Tr TO THE CTrY 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 Adoption II. III. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNTI'Y & SPECTAL EVENTS, & PRESENTATIONS: A. Announcements: 1. First Regular City Commission Meeting in November - Wednesday, November 5, 2003 B. Community and Special Events: Presentations: 1. Proclamations: a. City of Boynton Beach General Election - November 4, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida October 7~ 2003 Presentation of $200,000 grant award for the development of Phase ]: of the Southeast Neighborhood Park by State Representative Adam Hasner and State Senator M. Mandy Dawson ZV. ADMZNZSTRA'r~VE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date. IV McKoy Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Tabled (3) Mayor Broening Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Tabled (3) II McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/04 I Weiland Bldg. Bd of Adj & Appeals Alt i yr term to 4/04 II McCray Cemetery Board Reg 3 yr term to 4/04 ]:! McCray Education Advisory Board Stu 1 yr term to 4/04 Tabled (3) !! McCray Library Board Alt 1 yr term to 4/04 Tabled (2) II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) !I! Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) !V McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) ! Weiland Recreation & Parks Board Alt 1 yr term to 4/04 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: 2. 3. 4. Special City Commission Minutes of September 11, 2003 Agenda Preview Conference of September 15, 2003 Special City Commission Meeting of September 16, 2003 Regular City Commission Meeting of September 16, 2003 Bids and Purchase Contracts - Recommend Approval- All expenditures are approved in the 2003-2004 Adopted Budget A'genda Regular City Commission Meeting Boynton Beach, Florida October 7, 2003 Do Award the "MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION," Bid #079-2510-03/.1A, to Schaefer Systems Internationals, Inc. of Charlotte, NC for an annual expenditure of $30,000 Resolutions: Proposed Resolution No. R03-165 Re: Declaring the public necessity of acquiring eight parcels of property in the Railroad Avenue Stormwater project area for the purpose of constructing a drainage/retention pond Proposed Resolution No. R03-166 Re: Agreement for Water Service Outside the City Limits with Alvin E. Brooks as owner of a 2.02 acre parcel of land located on the south side of Hypoluxo Road, west of Military Trail Proposed Resolution No. R03-167 Re: Eighth Amendment to the Tower Site Lease and .Joint Use Agreement between the City of Boynton Beach, AT&T Wireless Services, ]:nc. and Palm Beach County Proposed Resolution No. R03-168 Re Naming of press box and playing fields at Hester Center after Thomas Williams (recommendation from Recreation & Parks Advisory Board) Ratification of Planning & Development Board Action: Griffith Variance (ZNCV 03-009), 1301 N.W. 8th Court - 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 R-l-AA zoning district, to allow for a variance of 5 feet, and a rear yard setback of 20 feet Bethesda Memorial Hospital (MSPM 03-008), 2815 S. Seacrest Boulevard - Request for major site plan modification to an existing site plan to add 56,277 square feet in two additional floors to accommodate a comprehensive in-patient rehabilitation center within the existing building foot print of the hospital Bethesda Memorial Hospital (HTEX 03-006), 2815 S. Seacrest Boulevard - Request for a height exception of 10 feet-5 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevators and stair tower to be 55'-5" in height, a distance of 10'-5' above the maximum 45-foot height allowed in the Public Usage (PU) zoning district Safe & Secure (NWSP 03-001), Northwest corner of SW 30m Avenue & Congress Avenue - Request for new site plan approval for the Agenda Regular City Commission Meeting Boynton Beach, Florida October 7, 2003 VI. VII. construction of a 3-story, 95,588 square foot self-storage facility on 3.39 acres in the M-1 zoning district. Interstate Sign Crafters (NWSP 03-014), lots 13 & 14, High Ridge Commerce Park (130 Commerce Road) - Request for new site plan approval for a 17,384 square foot warehouse building on a 2.53-acre parcel in a Planned Industrial Development (PID) E. Ratification of CRA Action: None Reduce the Letter of Credit for Melear Subdivision (Building Permit No. 00-4237) from $100,000 to $5,000 Approve the plat of Canterbury at Quantum Village, subject to the approval of the City Engineer Ho Reduction of surety covering the water and sewer systems for the project known as Melear P.U.D. (aka Borgata & San Savino), reducing the existing surety requirement of $661,:[13.20 downward to the new value of $33,056 Authorize the City Manager, City Attorney and Finance Director to take the necessary steps to have an Actuarial Impact Study performed on the cost of offering an Early Retirement Program to eligible City employees CODE COMPLIANCE & LEGAL SETrLEMENTS: None PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTrS A. Project: Agent: Owner: Location: Description: L.A. Fitness (ABAN 03-0Z0) (Applicant requests postponement until ~/$/03) Derek Vander Ploeg, Vander Ploeg & Associates, Inc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement CZTY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabledon 5/20/03,) Agenda Regular City Commission Meeting Boynton Beach, Florida October 7, 2003 FUTURE AGENDA ZTEMS: Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (October 21, 2003) Proposed modification to the Land Development Regulations regarding rear yard setbacks C. Follow-up Meeting with CRA on Development Issues (November 2003) Workshop regarding City Hall/Public Safety Space Needs Report (November 3.8, 2003) E. High School Task Force Report (December 2, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (December 2003) G. Proposed Lease Agreement with Boynton Woman's Club CTBA) Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, ]~nc. of Boynton Beach in the amount of $7,500 Discussion regarding proposed off-premise sign at Texaco Station (Tab/ed on $/5/05) NEW BUSZNESS: A. City Commission review of rotation of CRA Chair to another member of the CRA LEGAL: A. Ordinances - 2nd Reading - PUBLZC HEARING Proposed Ordinance No. 03 -048 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 4_1 limiting the distance a dock can extend into the canal to one-third (3./3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies Proposed Ordinance No. 03-052 Re: Abandonment of a portion of an existing ingress/egress and utility easement on Lot 38 of the Boynton Commerce Center PIeD Agenda Regular City Commission Meeting Boynton Beach, Florida October 7, 2003 Proposed Ordinance No. 03-053 Re: Enhanced background screening for City employees, private contractors, vendors and repair and delivery persons consistent with 2002 Florida State legislation (166.442 ESB 954]) Ordinances - 1~t Reading Proposed Ordinance No. 03-055 Abandonment of a portion of the road (First Baptist Church) Re: Authorizing the right of way for N.W. 3rd Court Proposed Ordinance No. 03-056 Re: Authorizing abandonment of a 15-foot wide utility easement (The Harbors) C. Resolutions: None the D. Other: /,III. UNFINISHED BUSINESS: None XIV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE C1TY COMMISSION WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETZNGf HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS ANDf FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESrIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CiTY SHALL FURNISH APPROPRLa. TE AUX~UARY AiDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDiViDUAL WITH A DIS.aJ31~ AN EQUAL OPPORTUN]-rY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERV~CE~ PROGRAMt OR ACT1VLTY CONDUCTED BY THE c.rry. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PR]OR TO THE PROGRAM OR A~ IN ORDER FOR THE CI-I'Y TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 10/3/2003 8:37 AM S:\CC~WP\CCAGENDA~GENDAS\Year 2003\100703 final agenda.dOC D~L'ANNOUNCEMENTS & PRESENTATIONS item C. La CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Proclaim the City of Boynton Beach General Election on November 4, 2003 EXPLANATZON: In accordance with Section 138 of the City Charter, the Mayor is required to call the election by Proclamation. Once read by the Mayor, the Proclamation will be published in the Palm Beach Post for two consecutive weeks prior to the General Election. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATZVES: ~'~Dep~ent Head's Signature The City of Boynton Beach would be in violation of it~ Code of Ordinances if we did not issue this Proclamation. t' /f ' 'City Ma'na~er's signature // Department Name City Attorney / Finance / Human Resources S:\CCXWP~ELECTIONXYear 2003 ElectionskAgenda Item Request For Election Proclamation on October 7, 2003.dot S:~BULLE~RMSXAGENDA ITEM REQUEST FORM.DOC PROCLAMATION I, Gerald Broening, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 4th day of November, 2003 to elect one Mayor-at-Large, one City Commissioner for District 1 and one City Commission for District 3 to serve a three- year term expiring in November 2006. A Special Referendum Election will be held at the same time to vote YES or NO on the following question: C1TY CF BOYNTON BEACH TO ISSUE GENERAL OBLIGATION BONDS FOR CAPITAL IMPROVEMENT PROJECTS SHALL THE ClTY OF BOYNTON BEACH, FLORIDA ISSUE GENERAL OBLIGATION BONDS IN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11,075,000.00, WITH A MATURITY NOT TO EXCEED TWENTY YEARS, BEARING INTEREST AT A RATE NOT EXCEEDING THE LEGAL RATE, AND PAYABLE FROM AD VALOREM TAXES TO PROVIDE FUNDS FOR CAPITAL IMPROVEMENTS TO: THE ART CENTER, LIBRARY, SENIOR CENTER AND WILSON MUNICIPAL POOL. FOR BONDS AGAINST BONDS The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: VO'I/NG LOCAI'ZONS PRECINCT 3098 PRECINCT 3100 PRECINCT 3102 -PRECINCT 3122 PRECINCT 3126 PRECINCT 3128 FREEDOM SHORES ELEMENTARY SCHOOL 3400 HYPOLUXO ROAD BOYNTON LAKES CLUBHOUSE 1 WESTMINSTER LANE NEWPORT PLACE 4735 NW 7TM COURT SANTALUCES HIGH SCHOOL 6880 LAWRENCE ROAD NAUTICA CLUBHOUSE 8000 BERMUDA SOUND WAY GOLDCOAST FOP LODGE #49 1200 MINER ROAD PRECINCT 3130 PRECINCT 3140 PRECINCT 3148 PRECINCT 3150 PRECINCT 3152 PRECINCT 3154 PRECINCT 3160 PRECINCT 3162 PRECINCT 3164 PRECINCT 3168 PRECINCT 3170 PRECINCT 3172 PRECZNCT 4006 PRECINCT 4030 PRECINCT 4034 PRECINCT 4040 PREC2NCT 4190 PRECINCT 7114 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD, BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. LEISUREVILLE #1 CLUBHOUSE 1007 OCEAN DRIVE LAKESIDE CHRISTIAN CHURCH 3560 OLD BOYNTON ROAD LEISUREVILLE #1 CLUBHOUSE 1007 OCEAN DRIVE LEISUREVILLE #3 CLUBHOUSE 2001 SW 13TM AVENUE TARA LAKES CLUBHOUSE 43 TARA LAKES DRI~E EAST BOYNTON BEACH LI:TSUREV~LLE CLUBHOUSE 1807 SW 18TM STREET GOLFVIEW HARBOUR CLUBHOUSE 2775 SW 14TM STREET HUNTERS RUN CLUBHOUSE EASTGATE DRIVE ASCENSION LU'FHERAN CHURCH 2929 S SEACREST BLVD ASCENSION LUTHERAN CHURCH 2929 S SEACREST BLVD HUNTERS RUN CLUBHOUSE EASTGATE DRIVE BOYNTON BEACH BOAT CLUB US HWY I &. NE 21sT AVENUE STERLING V~LLAGE AUDTTORIUM 500 S FEDERAL HIGHWAY CHINESE CHRISTL4N CHAPEL 3314 OLD DD(~E HIGHWAY HUNTERS RUN EAST'GATE CLUBHOUSE EASTGATE DRIVE EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. PRECINCT 7116 PRECINCT 7120 PRECINCT 7122 PRECINCT 7124 PRECINCT 7126 PRECINCT 7128 PRECINCT 7130 PRECINCT 7132 PRECINCT 7134 PRECINCT 7136 PRECINCT 7138 VILLAGE ROYALE ON THE GREEN 2505 NE 2ND STREET TEMPLE BETH KODESH 501 NE 26TM AVENUE BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21sT AVENUE BOYNTON BEACH CONGREGATIONAL CHURCH 115 NORTH FEDERAL HIGHWAY BOYNTON BEACH BOAT CLUB US HWY i & NE 21sr AVENUE BOYNTON BEACH CIVIC CENTER 128 E OCEAN AVENUE BOYNTON BEACH BOAT CLUB US H~nf i & NE 21sT AVENUE FIRST UNITED METHODIST CHURCH 101 NORTH SEACREST BLVD. HIGH POINT CLUBHOUSE III 230 SOUTH BLVD. ASCENSION LUTHERAN CHURCH 2929 SOUTH SEACREST BLVD. ASCENSION LUTHERAN CHURCH 2929 SOUTH SEACREST BLVD. CITY OF BOYNTON BEACH GERALD BROENING, MAYOR JANET M. PRA~N~O, CMC CITY CLERK (Corporate Seal) Jmg S:\CC~WP~ELECT[OI~Ye~' 2003 ~N~.0C2003 - ~ (~estlon & I~ectncts.cloc ZZZ.-ANNOUNCEMENTS & PRESENTATI~ONS tem C.2 CITY OF BOYNTON BEACt AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit~ Clerk's Office Requested City Commission Meetinl~ Dates Date Final Form Must be Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon' NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Presentation of a $200,000 grant award to the City of Boynton Beach by members of the State Legislature. EXPLANATION: The Recreation and Parks Department submitted a grant application to the Florida Deparlment of Environmental Protection under the Florida Recreation Development Assistance Program (FRDAP). The State Legislature approved the grant, which will fund the development of Phase I of the Southeast Neighborhood Park. Representative Adam Hasner and Senator M. Mandy Dawson would like to take this opportunity to present the $200,000 check to the City. PROGRAM IMPACT: The presentation of this grant award demonstrates the State Legislative support for Recreation and Parks projects in the City of Boynton Beach. FISCAL IMPACT: The grant award will fund 50% of the park development project. The City will match the grant award, using CIP funds. ALTERNATIVES: N/A partment ~eaTs ~rgnature Recreation and Parks Department Name City Manager's Signature City Attorney / Finance / Human Resources S:kBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Department of Environmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard Governor Tallahassee, Florida 32399-3000 July 8, 2003 David B. Struhs Secretary Mr. John Wildner Parks Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re~ Southeast Park FRDAP Project No. F40023 Dear Mr. Wildner: We are pleased to inform you that the Florida Legislature has funded the 2003-2004 Florida Recreation Development Assistance Program (FRDAP) priority list at $6,000,000. The City of Boynton Beach has been approved for $200,000, which is a grant for Southeast Park. A ceremonial check for your project is enclosed. We encourage a joint evem with your legislative delegation and local elected officials. Your legislative delegation has been notified that your project was funded and that the ceremonial check was sent to you. A sample of the letter sent to legislators is enclosed. We suggest you coordinate with them for a dedication ceremony. To assist you with this grant, we will conduct a Grant Implementation Workshop. The workshop will be held at the Kissimmee Civic Center on August 6. Attendance is not mandatory but if you have not previously attended, we strongly encourage your participation. The workshop will be held from 9:00 a.m. until noon. Driving instructions are enclosed. If you have any questions, please contact our office at (850) 488-7896. We look forward to working with you on this project. Sincerely, A. Diane Langston Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks, MS 585 Enclosures cc: Mike Bullock, Interim Director "More Project,on, Less Pr()(,,',,,' Prin~ed on recycled paper V.'CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15,2003(Noon) [] August 19, 2003 [] September 2, 2003 [] September t6, 2003 NATURE OF AGENDA ITEM August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Nooni [] Admmistrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heanng [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the "MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION", Bid # 079-2510-03/JA, to Schaefer Systems Internationals, inc., of Charlotte, NC for an annual expenditure of $ 30,000.00. EXPLANATION: On August 20, 2003, Procurement Services opened and tabulated seven (7) bids. All bids were reviewed by the Public Works Department and it was determined that Schaefer Systems Internationals, Inc. of Charlotte NC, was the most responsive, responsible bidder for recommended award. Solid Waste Division has been satisfied with Schaefer Systems Internationals Inc. in the past with both the carts provided, and the customer service support during the start-up of the program. Although their bid price for the 95 gallon and 65 gallon is slightly higher ($0.79 and $0.25 respectively), their bid price for the 35 gallon cart bid price is $4.71 lower. Larry Quinn, Solid Waste Manager, concurs with this recommendation (see attached memo # 03-132) PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the purchase of Mobile Refuse Containers. Our near future predictions indicate that the bulk of our purchases will be the 35 gallon carts to service our large retirement communities, therefore saving the City $4.71 per cart outweighs the small savings on the larger carts. FISCAL IMPACT: ACCOUNT NUMBER: 4314515-534-52-74 Deputy Director of Financial Services Procure .r~'nt Services Department Name ESTIMATED ANNUAL EXPENDITURE $30,000.00 ' /~/.- - ' City Manager s Signature City Attorney / Finance / Human Resources CC: Jeffrey Llvergood Christine Roberts Larry Quinn File - Public Works Director - Assistant Public Works Director - Solid Waste Manager S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC 0 0~ ~ 0 ~a ~:~ 0 0 0 0 ~$~=~ z z z ~ z z z z ~ g~ z z z ~ z z ~ ~ E ~ z - Z -- Z Z ~ 0 z 0 0 0 0 z Z 0 o 8~o 0 0 0 0 0 z 0 0 ~' ~ 0 0 ~ ~ ~-- z Zz - n 0 >. ).. )- >- >.. = Z 03 ~m· ~)Lu I~ u.I LU _ ~3 ~ r~ Z 0,-0 <~n ° _ zZ o -- >- 0 z~ ~ z ~-c3 z ' '= ~ o o ~'0°~ 0 >. >. >. 0 ~. ~z ~,,a, z ,,, ,,, I~1 ~ Z = z I: '" '" '" - = I:: '" ~ a. ~ ~- _ , ) -- Z ZZ~ Z mm nnl3 DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-132 ECEIVF-D ~EP 1~ 2003 TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director / Procurement Jeffrey Livergood, Public Works Director.&~-' Christine Roberts, Assistant Public Works Director~.., Larry Quinn, Solid Waste Manager September 11, 2003 Bid Award Mobile Refuse Containers for Automated Garbage Collection Bid #079-2510-03/JA I have reviewed the attached tabulation sheets for the Mobile Refuse Containers and I recommend the bid be awarded to Schaefer Systems International, Inc. for the following reasons. We have been very satisfied in the past with both their cart and their customer service support during the start-up of our program as well as after we were up and nmning. Although their price on the 95 gallon cart is 79¢ higher and the 65 gallon cart is 25¢ higher, their 35 gallon cart is $4.71 lower. Our near future predictions indicate that the bulk of our purchases will be the 35 gallon carts to service our large retirement communities, therefore saving the City $4.71 per cart which outweighs the small saving on the larger carts. Our anticipated annual expenditure will be $30,000 to be charged to account number 431-2515-534-52.74. Should you need any questions, I can be reached at Ext. 6206. LQ/pl / Attachment Copy: PW Files Submit Bids To: Broadcast Date: Bid Title: Bid Number: BIDDER ACKNOWLEDGEMENT PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 July 10, 2003 "MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION PROGRAM" 079-2510-03/JA Bid Received By: AUGUST 20, 2003 NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: AUGUST 20, 2003, no later than 2:30 P.M. (Iocml time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: 59-1851861 A Corporation of the State off North Telephone Number: Schaefer Systems International~ Inc. Area Code: 704 Mailing Address: City/State/Zip: Vendor Mailing Date: Carolina 944-4500 10021Westlake Drive Charlotte, NC 28273 J/ 8/o3 Michael L. Knaub Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 21 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product called for. When submitting more than one bid proposal price for this product, indicate how many individual an~or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product in accordance with the specifications for the sum of: Note: Only one type of container will be selected for an award and purchase after a complete review evaluation and pricing process has been conducted. PART 1 - ROTATIONALLY MOI.DED MOBILE REFUSE CONTAINERS: (Estimated Quantity 3,000) DESCRIPTION UNIT PRICE ASSEMBLY & ON STREET DELIVERY UNIT PRICE RotationaHy Molded Mobile Refuse Container,s. Per the attached specifications Mfg.,qVlodel bid: No Bid 90-100 Gallon Containers 60-70 Gallon Containers 30-45 Gallon Containers ALTERNATE: Order truck load quantities Truck load container capacity: Quantity THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 PART 2 - INJECTION MOLDED MOBILE REFUSE CONTAINERS: (Estimated Quantity 3,000) DESCRIPTION UNIT PRICE ASSEMBLY & ON STREET DELIVERY b ~IT PRICE lniection Molded Mobile Refuse Containers Per the attached specifications Mfg./Model bid: Schaefer USD35B, 65B and 95B 90-100 Gallon Containers 60-70 Gallon Containers 3045 Gallon Containers ALTERNATE: Order truck load quantities Track load container capacity: ZfM2_Lg.,~O~ Quantity 576 (65) 1,008 (35) S 36,74 $ _33.74 $ 26.74 $ 36.74 (95 Gal.) $ 33.74 (65 Gal.) $ 26.74 (35 Gal.) $ S ~/A $ N/A THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 .. ALL PRICES F.O.B. BOYNTON BEACH Prices quoted shall include any and all costs of delivery to and unloading at the Public Works Compound, 222 N.E. 9th Avenue, Boynton Beach, Florida 33425. Prices quoted must be held for ninety (90) days to allow for evaluation. Bid price shall be good for two (2) years upon award. It is further agreed that the product will be delivered within 45-60 calendar days from the date of the Purchase Order fi'om the City. If "YES", 0 % discount off of list pricing will be extended to the City for the purchase of container spare parts on an "as needed" basis (enclose price sheet). Number of Bid Proposals submitted Specification "check-off' sheets (Pages 5-12) submitted Product Literature submitted __,yes Yes/N° y~ Yes/No List of References submitted Yes/No Schaefer Systems International, Inc. COMPANY NAME SIGNATURE Michael L. Knaub ( 70/, ) 9/,/*-/*500 TITLE TELEPHONE NUMBER 'PRINTED NAME Senior Vice President TI-HS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 ANTI-KICKBACK AFFIDAVIT NORTH CAROLINA STATE OF ~~ COUNTY OF xh~4d~l~~ MECKLENBURG SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gifL directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this 2q~-h day of July ,20 03 NOT rUBLIC, State of~i~lax North Carolina at Large Printed Information: Michael L. Knaub NAME Senior Vice President TITLE Schaefer. Systems International, Inc. COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) AStAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO X If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification IHI$ PA(;[; TO BE SIYBMI'rI~9 ALONG WITH PROI~OSAL 26 · . CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any. state, for a violation occurring in the workplace no later than five (5) days ai~er such conviction. 5). Impose a sanction on, or require the satisfactory participation'in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of .this section. As the person authorized to sign the statement, I certify~that this firm complies fully with the above requirements. Vendor's Signature TI-HS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 SPECIFICATIONS FOR MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION PROGRAM PART I - ROTATIONALLY MOLDED MOBILE REFUSE CONTAINERS & P,~RTS -OR- PART 2 - INJECTION MOLDED MOBILE REFUSE CONTAINERS & PARTS (TWO YEAR CONTRACT PERIOD) It is the City's intent to explore all automatic garbage collection containers presently available on the market. After the bid submittals, only one type of container will be selected for an award and purchase. A "percentage off of list price" quotation is requested for the purchase of container spare parts to be used on the type of container selected. A complete review, evaluation and pricing process will be conducted to support this selection. EVALUATION Where the terms "or equal" and "or equivalent" are used, the intent is to invite bidding of all products meeting the needs of the City. However, in any case, the City of Boynton Beach will be the absolute authority in determining what meets these specifications and needs of the City, regardless of the lowest bid. SCOPE The purpose of this bid is to obtain a source of supply for Rotationally Molded Mobile Refuse Containers and Parts or Injection.Molded Mobile Refuse Containers and Parts to be utilized in our existing Automated Garbage Collection program. Pan l: Rotationall¥ Molded Mobile Refuse Containers shall be designed to be lifted and unloaded only by fully automated garbage collection equipment. Containers designed for lifting by semi-automated equipment are not considered a responsive to this portion of the bid. Container spare parts for rotafionally molded mobile refuse containers will be ordered through a percentage offof list price on an "as needed" basis. Part 2: Injection Mold&i Mobile Refuse Containers shall be designed to be lifted and unloaded by both semi and-fully automated garbage collection equipment. Container spare parts for Injection Molded l~obile Refuse Containers will be ordered through a percentage off of list price on an "as needed" basis. The containers will be scheduled for delivery over a period of up to two (2) years and shall be purchased on an "as needed" basis. INTENT The City intends 'to automate garbage collection using mobile refuse containers. The City recognizes that there are certain neighborhood preferences. Therefore, the number of containers may vary during the implementation of this program from what is stated in these speciftcations. Any variations of these numbers will be fully understood by the vendor, there is no guarantee within this bid for an exact number of containers to be furnished under this contract. Any variance of these numbers will not be cause to vary the unit price of the containers. The containers will not be supplied as a result of this contract being accepted. The containers will be ordered on an "as needed" basis. Any spare parts for containers will also be ordered on an "as needed" basis. It is the City's intent to implement orders of containers into neighborhoods on an incremental basis, and have the implementation done to the City's satisfaction prior to issuing an order for the next batch of containers. The total number of containers associated with this bid will not be accepted in a single order. PRODUCT LITERATURE The bidder shall submit product literature with the bid. SUPPORTING DOCUMENTS The bidder shall include in its bid all evidence and documentation supporting the conformit~ of the product with the herewith specification which is not printed in the brochures or catalogs submitted. PART 1 - ROTATIONALLY MOLDED MOBILE REFUSE CONTAINERS INSTRUCTIONS: Please place an x on the blank line next to each item ifa specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specification "check-off' sheets (pages 5-13) with the proposal sheet in order for a bid to be considered. I. GENERAL General Description - The mobile refuse container shall be designed to contain the average solid waste material accumulated by a household. The container shall be designed, such as to be lifted only by fully automated collection equipment. The container shall be warranted against material and workmanship defects for no less than 10 years, non-prorated, during which time it will be generally maintenance-free under normal usage conditions. The bidder shall submit a copy of its warranty. Quantity - The successful bidder shall provide approximately 3,000 containers over the two (2) year course period, in accordance with specifications. These containers will be ordered on an "as needed" basis. Delivery dates to be at the City's discretion. Alternate - When ordering containers in truckload quantities, based on manufacturer's capacity, container price/truck load container capacity. Color - The container body, lid, and other plastic components shall be TEAL (sample of color will be supplied by the City). ~ Prq6ess - The City requires a container manufactured using the Rotational Molding Process. Materials - The container shall be made of a linear-linked polyethylene material with ultra-violet stabilization to eliminate color fade over the life of the can. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 5 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONS'I:RUCTION CapaciW - The container capacity is a minimum 90, 60, or 30 gallon when full, excluding additional volume achieved by the domed lid in the closed position. State Capacity: gallons (90 - 100) gallons (60 - 70) gallons (30 - 45) Weight - For better maneuverability, the weight of the completely assembled 90 - I00 gallon container shall be no less than 39 pounds. Interior Construction - The interior surface shall be smooth and free from crevices, recesses, projections, and other obstructions where refuse could be entrapped or entangled. The interior construction and shape shall assure the free flow of solid waste contents from the container when dumped. Exterior Construction - The exterior surface shall be smooth, free of comers or structures that could be hazardous or harmful. Lid/Hinge The lid shall have two (2) hinges integrally-molded part of the lid configuration and extending towards the handle. The lid shall pivot onto the handle. The lid shall be hinged to the handle so as to rotate freely to an opening of 110 degrees. The lid shall be designed in such a manner to ensure that the container will be watertight and shall continuously overlap the container body. The continuous overlapping of the body must prevent rainwater, rodents, and ~ birds from intruding into thc container. Identification - All containers shall have the following molded into the cart body: The year of manufacture and six (6) figure uniquely identified serial numbers hot stamped in white with a minimum size of one inch (1"). Emboss "CITY OF BOYNTON BEACH" onto the lid in one inch (1") letters. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE .~ID ACCEPTABLE On Ihe front of the lid note "NO HOT ASHES" in 3A inch letters. At t'he handle, on the lid have "Arrow Pointed Toward the Street for Pick-up" embossed into the lid. Handle - The handle shall be of one molded piece and shall extend in full length. Each gripping area shall provide enough space for a gloved hand to be placed. Stability. The container must have a wind stability rating of no less than 25 mph without falling over. Wind runnel test performed by an independent laboratory shall be submitted with the bid. The container (whether empty or full) shall remain in the upright position when the lid is thrown open. Wheels and Axle The container shall be equipped with an axle and two wheels. The wheels and axle shall be designed so as to provide the specified wind stability. Wheels shall be a minimum of 10" diameter, with a width of 2 ~2 , rotationally molded of linear polyethylene. The axle shall be a minimum of 5/8" diameter steel, with galvanized or cadmium plated finish. Wheel caps must be galvanized. PERFORMANCE SPECIFICATIONS ANSI Comtfliance - The container shall be in full compliance with the American ~ National Standard ANSI Z245.60. The bidder shall provide a compliance certification that the container(s) provided to the City meet the requirement of this standard': Cart' Load Rating - The container shall be capable of accommodating a load ~ weighing up to 280 pounds, exclusive of the weight of the container. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Mobility - Th~'container shall be stable and self balancing in an upright position when either empty or loaded to its minimum design load capacity. The container shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its minimum design capacity on a level, sloped, or stepped surface in two directions. Container Pick-Up Points The container must be capable of being picked up only by a fully-automated application. The container shall be designed in such a manner that it can be engaged by a fully- automated grasping arm of either the belted or non-belted design. ~ The gripping surface shall be non-slip and have a diameter of 23 inches to 27 inches. Thc container shall be able to withstand squeezing and dropping throughout its ~ expected lifetime with showing the slightest change in its functionality or structural integrity. WARRANTY All bidders shall include a copy of their warranty with their bid. VI. SAMPLES ON REQUEST __ Samples of carts shall be submitted at the request of the City after the bids are opened. I~FER.ENCES All bidders shall demonstrate their experience in manufacturing containers by furnishing a list of U.S. municipalities using the proposed containers of size, design, and material offered. The list must show at least three (3) municipalities, each have a minimum of 10,000 of the proposed containers. The name and teiephone number of a contact person at each of the references shall be provided. THIS PAGE TO BE SUBMrrTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PART 2 - INJECTION MOLDED MOBILE REFUSE CONTAINERS mo General Descrivtion - The Mobile refuse container shall be designed to contain the average solid waste material accumulated by a household. The container shall be designed, such as to be lifted by either or both American Standard, semi- automated or fully automated collection equipment. The container shall be warranted against material and workmanship defects for no less than 10 years, non-prorated, during which time it will be generally maintenance-flee under normal usage conditions. The bidder shall submit a copy of its warranty. Quantity - The successful bidder shall provide approximately 3,000 containers over the two (2) year contract period, in accordance with specifications. These containers will be provided on an "as needed" basis. Delivery dates to be at the City's discretion. X Alternate When ordering containers in truckload quantities, based oa manufacturer's capacity, container price/track load container capacity. Color - The container body, lid, and other plastic components shall be TEAL. Sample of color, will be supplied by the City. MATERIAL Process - The City requires a container manufactured using the Injection Molding Process. X Materials - The container shall be made of high molecular weight, high density polyethylene which yields a superior weight to strength ratio. The material shall contain adequate amounts of ultra-violet stabilization to eliminate color fade over the life of the can. CONSTRUCTION x Cavacity - The container capacity is a minimum 90, 60, or 30 gallon when full, excluding additional volume achieved by the domed lid in the closed position. State Capacity: 98.3 gallons (90 - 100) gallons (60 - 70) 35 gallons (30-45) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERgD COMPLETE AND ACCEPTABLE Wei.ght - For better maneuverability, the weight of the completely assembled 90 - 100 gallon container shall be approximately 55 pounds. Interior Construction - The interior surface shall be smooth and free from crevices, recesses, projections, and other obstructions where refuse could be entrapped or entangled. The interior construction and shape shall assure the free flow of solid waste contents from the container when dumped. Exterior Construction - The exterior surface shall be smooth, free of comers or structures that could be hazardous or harmful. Lid/Hinge The lid shall have two (2) hinges integrally-molded part of the lid configuration and extending towards the handle. X The lid shall pivot onto the handle and be securely attached to the handle mount by end caps. X The lid shall be hinged to the handle so as to rotate freely to a full opening of 270 ~ degrees, to a position whereby it may rest against the back side of the container body. X The lid shall be designed in such a manner to ensure that the container will be watertight and shall continuously overlap the container body. X The continuous overlapping of the body must prevent rainwater, rodents, and ~ birds from intruding into the container. Identification - All containers shall have the following molded into the can body: × The year of manufacture and six (6) figure uniquely identified serial numbers in white with a minimum size of one inch (1"). X Embo~ "CITY OF BOYNTON BEACH" onto the lid in one inch (1") letters. X On the front note "NO HOT ASHES" in V, inch letters. At the handle have the message embossed into the lid with one inch (1") letters "Arrow Toward the Street for Pick-up". Handle The handle shall be of one molded piece and shall extend in full length. Each gripping area shall provide enough space for a gloved hand to be placed. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 10 Stability .. X If extreme windy conditions are prevalent, the container must have a wind stability rating of no less than 25 mph without falling over. X Wind tunnel test performed by an independent laboratory shall be submitted with the bid. X The container (whether empty or full) shall remain in the upright position when the lid is thrown open. Wheels and Axle X The container shall be equipped with an axle and two wheels. X The wheels and axle shall be designed so as to provide the specified wind stability. X The wheels shall be snap on, 12" x 1 /4 , Tread Cap Wheel. x Hub is made of HDPE, with a PVC material on the wheel to prevent tire roll-off, with a shock absorbing cell structure to eliminate tire fiat spotting. The axle housing durability. X X shall be molded in place, to enhance stability and wheel The four (4) pronged snaps on locking device is requires a special tool for removal to prevent theft. installed without tools, but The locking device shall be nylon 66, self-lubricating and mst fxee. Tipving Fulcrum - The container must be provided with adequate foot fulcrum or a tipping leverage point directly on the axle. The container must be capable of being easily transported on a level, sloped, or stepped surface in two (2) directions. PERFORMANCE SPECIFICATIONS X ANSI Comvliance - The container shall be in full compliance with the American ~ National Standard ANSI Z245.60. The bidder shall provide a compliance ce~ification that the container(s) provided to the City meet the requirement of this standard. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11 VI. VII. Cart Load Rating - The container shall be capable of accommodating a load weighing up to 315 pounds, exclusive of the weight of the container. Mobility The container shall be stable and self balancing in it upright position when either empty or loaded to its minimum design load capacity. The container shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its minimum design capacity on a level, sloped, or stepped surface in two directions. Abrasion Protection - The container shall withstand dragging along streets and driveways as well as the normal abrasion caused by the dumping operation. Bottom molded wear strips are acceptable. Container Pick-Up Points The container must be capable of being picked up by a fully-automated application and semi-automated American Standard liRer. X The container shall be designed in such a manner that it can be engaged by a fully- automated grasping arm of either the belted or non-belted design. X The gripping surface shall be non-slip and have a diameter of 23 inches tO 27 inches. The container shall be able to withstand squeezing and dropping throughout its expected lifetime with showing the slightest change in its functionality or structural integrity. WARRANTY X All bidders shall include a copy of their warranty with their bid. SAMPLES ON REQUEST X Bidders shall submit upon request samples of the carts for review. : REFERENCES X Ali bidders shall demonstrate their experience in manufacturing containers by furnishing a list of U.S. municipalities using the proposed containers of size, design, and material offered. The list must show at least three (3) municipalities, each have a minimum of 10,000 of the proposed containers. The name and telephone number of a contact person at each of the references shall be provided. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 12 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE V.-CONSENT AGENDA CITY OF BOYNTON BEAC! ITEM C.1. AGENDA ITEM REQUEST FOn~v, ~ City Commisaio~ M~dn~ Da~ [] ~ugust 5, 2003 [] August 19, 2OO3 NATURE OF AGENDA ITEM Dat~ Final Form Must b~ Tut~d July 14, 2003 (Noo~) Augusi 4, 2~3 ~) ~ 18, 2~3 ~) ~ 2, 2~3 ~) Requested CRy Commi.~*iou Mcctino Da~s [] October 7, 2003 [] Octo~r 21, 2003 [] Novtanl~' 5, 2003 [] Nov~ab~r 18,2003 Date Final Form Must b~ Turm~l in to CRy Clerk's Office RECOMMENDATION: September 15, 2003 (Noon) October 6, 2003 (Noo~) October 20, 2003 (Noon) Noveml~r 3, 2003 (Noo~) [] Admini.qrative [] Legal [] Almoqll~i~'~ [] New B-siness [] City Manager's Report [] Presenlation [] Coas~nt Agenda [] Public [] Co~ comp~nc~'ga~ Set'dements [] Uncmis~d Motion to approve a resolution of the City Commission declaring the public necessity of acquiring eight parcels of property in the Railroad Avenue stormwater project area for the purpose of constructing a drainage/retention pond. EXPLANATION: The City has, for some months now, been attempting to acquire the necessary parcels of land to construct the ponds associated with the Railroad Avenue storrnwater project. We have been able to put under contract 1 of the 9 parcels that are necessary to build the ponds. We have been unable to acquire the remaining eight parcels through reasonable negotiations with the property owners. We are therefore asking the City Commission to declare the public necessity for acquiring these remaining eight parcels and to authorize their acquisition using the provisions of Chapter 166, Flodda Statutes and Chapters 73 and 74, Flodda Statutes. PROGRAM IMPACT: Authorizing this action will allow the City staff to make these acquisitions so that we can go ahead with the stormwater project. S:LBULLETIN~ORMS~AOENDA ITEM I~,QUEST FOEM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: As always, there is a price associated with acquiring parcels of land through the eminent domain process. I am not able to estimate that cost at this point. We do know what the remaining eight parcels have appraised for, and a copy of the appraisal summary is attached for your review. ALTERNATIVES: Do not authorize this action and abandon the improvement project. This alternative is not recommended by the City staff. Utilties Department ~t Name City Attoraey / Fimmc~ / H. man Resources S:kBULLETINkFORM~OENDA ITEM REQUE~ FORM. DOC 1 2 3 5 6 7 8 i0 !1 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC NECESSITY OF ACQUIRING PARCELS TWO A, B & C (2A, 2B and 2C), THREE (3), FIVE (5), SIX (63, SEVEN (7), and NINE (9) OF PROPERTY FOR THE PURPOSE OF CONSTRUCTING A DRAINAGE/RETENTION POND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of the properties to construct a drainage/retention pond is a matter of great tmportance and concern to the residents of the City of Boynton Beach; and WHEREAS, the parcels of land designated as Parcels 2A, 2B, 2C, 3, 5, 6, 7 and 9 as more particularly described in Exhibits "A", "B", "C", "D", "E", "F", "G" and "H', attached hereto, are required to better accomplish the public purpose described above and further the general health, safety, and welfare to the citizens of the City of Boynton Beach, Florida; and WHEREAS, the area designated as Parcels 2A, 2B, 2C, 3, 5, 6, 7 and 9 has heretofore been located and surveyed and the property is needed for the acquisition of property to construct a drainage/retention pond; and NOW, THEREFORE, BE IT ~LVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being tree and correct and are hereby incorporated herein. All exhibits attached hereto are hereby incorporated hereto. SECTION 2. It is necessary, serves a municipal and public purpose, and is in the best interest of the City of Boynton Beach to acquire the properties to construct a Page 1 of 3 C:XDocumen. ta at~d SemngsXlamannar. CITY',Local Setlings\TemlaorarY lnternet Files~OLKl20\neces$~ty r--~e .doc 1 2 3 4 5 7 $ 9 10 11 12 ].3 14 15 16 17 18 19 20 21 22 23 24 drainage/retention pond. SECTION 3. That the properties described in Exhibits "A", "B", "C', "D", "E", "F", "G" and "H' attached hereto as Parcel Numbers 2A, 2B, 2C, 3, 5, 6, 7 and 9 be and the same are hereby ratified, confirmed and found to be necessary for acquiring the properties to construct a drainage/retention pond. The City of Boynton Beach shall acquire fee simple title to said properties by gift, purchase, or eminent domain as described in Chapter 166, Florida .ql'anito~ and Chapters 73 and 74, Florida .qtamte~. TLat acquisition of said parcels for this project is necessary and serves a public purpose. SECTION 4. The City Attorney shall first attempt to acquire the properties through negotiations at a price agreeable to both the sellers, if found and determined, and the City of Boynton Beach; however, if such negotiations fail within a reasonable time from the enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the exercise of Boynton Beach' s powers of eminent domain for the purpose of acquiring the parcels described in Exhibits "A", "B", "C', "D', "E", "F" "G" and "H', attached hereto and is further authorized and directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of such authorization and in direction, the City Attorney or his assistant or designee, is specifically authorized to sign and ill{: a Declaration of Taking so thaz the City may avail itself of the provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assislallt is further authonZecl to accomplish the acquisition of said parcels by settlement and compromise in those instances where same can be effected ia accordance with the terms, conditions, and limitations established from time to time by the Boynton Beach City Commission. SECTION $. All resolutions or parts of resolutions in cxmflict herev,,ith are Page 2 of 3 C"d~x:ume~.t~ ~nd Settings\lzraannm' CIT% ki a:al Settin~xTemporary lnternet Filea"~O[ K120'~e.c~$tt? r:-.~o .doc i 2 3 4 5 7 hereby repealed to the extent of such conflict. SECTION 6. If any clause, section, other part, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid. in part or application, it shall not applications of this Resolution. SECTION 7. passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH, FLORIDA, THIS affect the validity of the remaining portions or This Resolution shall become effective immediately upon its CITY COMMISSION OF THE CITY OF DAY OF ,2003. ATTEST: JANET PRAINITO, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA By: Mayor Vice Mayor Commissioner Commissioner Commissioner KLE/tmf S:\CA',RESO',necessity reso .doe Page 3 of 3 ~T~I-11RIT "A" Lots Book and 15, C.W. COPP'S ADITION, according to the plat thereof, as recorded in Plat Page 56, of the Public Records of Palm Beach County, Florida. H:~903\~ }356\_m,t'__~-__*ity reso .doc Lots record F.X'I4IRIT" PARCI*I _2tl 19, 21, and 23, C.W. COPP'S ADDITION, according to the plat thereof, as in Plat Book 7, Page 56, of the Public Records of Palm Beach County, Florida. tt:X2002 03~6~:e~stt~ r~o .doc Lots 9i theretO, the Pul EYI41RIT "C" 10 and 11 and the North 5.00 Feet of the abandoned alley lying south and adjacent ARDEN PARK, according to the plat thereof, as recorded in Plat Boole 2, Page 96, of lic Records of Palm Beach County, Florida. H:X20035 0356\r~ce~it~ reso .doc FgHIRIT "I1' PARCFI~ .~ Lots 6 of and and ad all bei 96 of tluough 67 inclusive, the South one-half (s. 1/2) of that abandoned alley lying northerly to said Lot 65 and all that portion of road right-of-way and park lying westerly of to. thereof, bounded on the west by the southerly projection of Lots 62 through 64, in "ARDEN PARK", according to the plat thereof, as recorded in Plat Book 2, Page public records of Palm Beach County, Florida. ~'I4'IRIT "F?' Lots 1 plat East. 158, 159 and 160, "ARDEN PARK ADDITION TO BOYNTON', according to the on file in the office of the Clerk of the Circuit Court in ancl for Palm Beach Florida, recorded in Plat Book 2, Page 96, Section 21, Township 45 South, Range 43 Lot 15 96, of EYHIRIT "F" of "ARDEN PARK", according to the plat thereof, as recorded in Plat Book 2, Page ae Public Records of Palm Beach County, Florida. FX~4IRIT "~" PAR~F.I. 7 Lot of "ARDEN PARK", according to the plat thereof, as recorded in Plat Book 2, Page 96, of Public Records of Palm Beach County. Florida. Lot 15 96. of H:~2003\ pARCI~.T~ O of "ARDEN PARK", according to the plat thereof, as recorded in Plat Book 2, Page ~e Public Records of Palm Beach County, Florida. Requested Ci~ Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16,2003 V.-CONSENT AGENDA ZTEH C.2. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOwvt Date Final Form Must be Turned in to CiW Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested Ci~' Commission Meeting Dates October 7, 2003 October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Tumed in to City Clerk's Office September 15, 2003 (Noon) October 6. 2003 iNoon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code compliance/Legal Settlements [] Legal [] New Business [] Presentation [] Public Hearing [] Unfinished Business RECOMMENDATION: ~ -n'" Motion to approve and authorize signing of an Agreement for Water Service Outside the~it~r~ Limits with Alvin E. Brooks as owner of a 2.02 acre parcel of land located on the south si'tie Hypoluxo Road, west of Military Trail. EXPLANATION: The parcel covered by this agreement is proposed to be developed into a professional office plaza. Potable water and sanitary sewer mains have recently been constructed on the adjoining parcel to the east, and will have to be extended by the developer of this parcel. (See location map) PROGRAM IMPACT: None PROGRAM IMPACT: None FISCAL IMPACT: None the ~~T~RNATIVE~No~within Utilities service area. 3 D~ep 0 -artm3iead,s Signature / - City Manager's gigna~tt~re UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " SXBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ' N RESOLUTIO~ NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS ANT) COVENANT FOR ANN-EXATION BETWEEN THE CITY OF BOYNTON BEACH AND ALVIN E. BROOKS; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, located on the south side of Hypoluxo Road, west of Military (2.02 acre parcel); and WHEREAS, the subject parcel is to be developed into a professional office plaza, potable water and sanitary sewer mains have recently been constructed on the adjoining ,arcel to the east, and will have to be extended by the developer of this parcel; and WHEREAS, City policy requires annexation of the property to be serviced at the ,,arliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and 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 Manager is hereby authorized and directed to execute a Water ;ervice Agreement between the City of Boynton Beach, Florida and Alvin E. Brooks, said being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. S:\CAXRESOXAgreements\Water Service~Brooks Water Service Agreement.doc PASSED AND ADOPTED this ~ day of October, 2003. CITY OF BOYNTON BEACH, FLORfDA Mawr Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA~.ESO~A~*rnen~s\Wa~r Servic~Broo~ Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: Jarne~ A, Cherof, Esquire Jo$ias & Gomn, P.A. 3099 East Comme,'~a{ BI~I. Suite 200 FL Lauden:laie, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of , 20 .., by and between ,Z[.c~/~, ~. g:=~-~o~e hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Flodda, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Flodda; and WHEREAS, Customer has requested that the City of Boynton Beach, Flodda provide water service to the property owned by Customer;, and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the eartiest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service tl'ie real property described as follows and which Customer represents is owned by Customer:. (Exhibit A) 2. The Customer and the City hereby agree that there are _~_ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the city. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless wdtten consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any .available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's dghts as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Flodda, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of (As to owner) (As to owner) (As to owner) ,200_. IND. L,VIDU,AL(S)~/~~/~AS; ,~ ER(S (Pdntname) ~.~,V'I,M' ~. IE~ (Pdnt name) FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~c.~[_~L..~J3~ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was ~nally know~ to me or provided the fo,owing proof of identification: WITNESS/[ny hand and official seal in the County day of (J t~ ~-,*, ~, r ,200=R (Notar~ Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 900182 12/1 2/95.rev WATERS RV. 1 THIS iNSTRUMENT PREPARED BY: james A. Chem,. Esquire ~ ~ ~l Blvd. S~e 2~ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I/~e~, ~A-Z.v'/,,u ,~-- ~/~-o~ ~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shal!.-comme~ce and be in full force and effect on the day of _, 20....__ and the powers and authority shall be irrevocable by Grantee. WITNESS WHEREOF, we have hereunto set our hands and seals the __ day of , in the year two thousand and ~!~aled and delivered in the presence of -- -- '7~ r~.,lley ?'/' fi*r- '~{'-n e ss I ~"-' Pdnt name Witness Pdnt name Witness STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) of THE FOREGOING INSTRUMENT was acknowledged before me this ~ day J~U~T , 20D.,~., by I~/..I/IH --~. L~I~O0/¢~ and , who are known to me or who have produced , as identification and who did/did not take an oath. !.~- ~_~'I ~ c,.,,.,,~., ~-..~ ~,, ~ [ Type or Pdnt Name ~mmission No. ~ My Commission ~pires: POA.IND 1 in. = 238.7 feet OO6O 7070 O02O 0O4O OO3O 0061 O062 0010 7011 0011 HYPOLII)[O RD 7170 7140 0010 OO4O 71ST CT S o olo.o/o.ol.,j 00~0 oo2o o01o Location Ma P 0120 OO4O LAW OFfiCES BOOSE CASEY CtkliN LUBI~ MARTENS MCBANE ~ O'CONnEii RICHARD A. ~JAROLEM OREGORY S. KINO, P.A. DANIEL LOOAN OF COUNSEL W. dAY HUNSTON, UR., PA. MICHAEL ~ KENNEDY. P A. JOHN LEONARD O RUSIN 51S NORTH FLAOLER DRIVE. STE. WEST PALM BEACH, FLORIDA 33401-4343 P,O, BOX TELEPHONE: ~5~ I } August 26, 2003 Pete Mazella City of Boynton Beach Water Utilities 124 East Woolbright Road Boynton Beach, FL 33435 RECEIVED Re: Brooks Property Dear Mr. Mazella: This letter shall serve as confirmation that I have done a Title search of the property described in the attached legal description which is further referenced with the property control numbers. Title is vested in Alvin Eugene Brooks. If you need any further information please do not hesitate to contact me. AJC:rb Enclosure cc: Bradley Miller nc: H:&WPOOCS~vlILLER, BRADLEY D~llzelll Itr.do¢~38/'26/"~'~'~031,4:26 PM 06-2003-2240 Legal Description Exhibit "A" Parcel 1 The North ½ of Lot 3, LESS the West 263.32 feet and the South 340.75 feet thereof, being a part of the Northwest ¼ of Section 12 and included in the amended plat of Section 12, Township 45 South, Range 42 East, as recorded in Plat Book 9, Page 74, LESS the North 53 feet, Public Records of Palm Beach County, Florida. Parcel 2 The East 109 feet of the West 263.32 feet (LESS the South 340.75 feet) of the North ¼ of Tract 3 in the Northwest ¼ of the amended plat of Section 12, Township 45 South, Range 42 East, Mary A. Lyman, et al, according to the map or plat thereof as recorded in Plat Book 9, Page 74, LESS the North 53 feet, Public Records of Palm Beach County, Florida. Parcel 3 The North 56.77 feet of the South 340.75 feet of the North ½ of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 12, Township 45 South, Range 42 East, being ½ acre, more or less, according to the map or plat thereof as recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. V.-CONSENT AGENDA ZTEM C.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19,2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to CiW Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) [] Admmistrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business October 20, 2003 (Noon) ~ _'. November 3, 2003 (N~On) RECOMMENDATION: Staff recommends passage of a motion to approve the eighth amendment to the Tower Site Lease and Joint use Agreement between the City Of Boynton Beach, AT&T Wireless Services, Inc. and Palm Beach County. EXPLANATION: For some time the City of Boynton Beach Public Safety users have experienced intermittent rfidio reception problems. After extensive radio coverage testing by Motorola it was determined that the wider beam width of the Decibel antenna currently mounted at the 295 ft. elevation allowed for the interference experienced by the Police and Fire Departments. Motorola recommends that the Decibel antenna be replaced by a narrower beam width Bogner Celwave at the same elevation. The narrower beam width of the Bogner provides a null at the base of the tower that eliminates the receive overload that occurs when a higher wattage mobile radio transmits. To prove their theory, Motorola connected the City Of Boynton Beach's radio system the Counties Bogner multicoupler. During the period we were connected to the Counties system no radio problems occurred. A structural analysis commissioned by Communications has indicated that the replacement with the slightly heavier (15 lb.) Bogner does meet the requirements set forth in the 2001 Florida Building Code for wind loads and allowable stress for the combined existing and additional antenna configuration. PROGRAM IMPACT: The replacement of the existing antenna will improve the clarity and quality of the radio transmissions and reception. This is necessary for the safety of Fire and Police personnel. FISCAL IMPACT: No fiscal impact to the General Fund. Two quotes, from the three requested, were received. Citation Communications was the low bidder at $8,955.00. Funds are available in the Communications share of the $12.50 traffic fine monies. Account #691-000-247-0127. ALTERNATIVES: No alternative exists without compromising the safety of field personnel. Department Head's ~m(u~e ' I '/ty .anageq Signature Communications City Attorney / Finance / Human Resources Department Name S:~IULLETINLFORMSL~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE EIGHT AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT WITH AT&T AND PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon :ommendation of staff, hereby deems it to be in the best interests of the citizens and ;idents of the City of Boynton Beach, to approve the Eight Amendment to Tower Site and Joint Use Agreement with AT&T and Palm Beach County; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does approve, and authorizes the City Manager to execute the Eight Amendment to Tower .ite Lease and Joint Use Agreement between the City of Boynton Beach, AT&T and Palm leach 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 October, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner .. Commissioner Clerk Corporate Seal) ;:\CA\RESO~Agreements~Joint Use Agreement PBC - AT&T Tower Site Lease.doc EIGHTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT THIS EIGHTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT (R-99-311-D), is made and entered into this day of ,2003, by and between The City of Boynton Beach, Florida, a municipal corporation ("CITY"), AT&T Wireless Services of Florida, Inc. a Florida corporation ("AT&T"), and Palm Beach County, a political subdivision of the State of Florida, hereinafter to as ("COUNTY"). WITNESSETH: WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into that certain Tower Site Lease and Joint Use Agreement dated November ! 8, 1986 (the "Original Lease") for the construction of a 320-foot self-supporting communications tower upon the Premises; and WHERES, CITY and Palm Beach Cellular Telephone Company, as the successor in interest to West Palm Beach Cellular Telephone Company, entered into that certain Amendment to Tower Site Lease and Joint Use Agreement, dated June 21, 1988 (The "First Amendment"); and WHEREAS, CITY and Palm Beach Cellular Telephone Company, as successor in interest to Palm Beach County Cellular Telephone Company, entered into that certain Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June 20, 1989 (the "Second Amendment"); and WHEREAS, CITY and Palm Beach Cellular Telephone Company, and Richard P. Willie as Sheriff of Palm Beach County, entered into that certain Joint Use Agreement dated August 22, 1989 (the "Third Amendment"); and WHEREAS, CITY, AT&T, as the successor in interest to Palm Beach Cellular Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and Joint Use Agreement in 1998 (the "Fourth Amendment"); and WItEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Tower Site Lease and Joint Use Agreement dated February 23, 1999 (the "Fifth Amendment"); and WHEREAS, CI~Y, AT&T and COUNTY entered into a Sixth Amendment (the "Sixth Amendment") to Tower Site Lease and Joint Use Agreement in order to modify the legal description and authorize the County to install a generator with fuel tanks; and WHEREAS, CITY, AT&T AND COUNTY entered into a Seventh Amendment to Tower Site Lease and Joint Lease Agreement on May 21, 2002 (the "Seventh Amendment") in order to safely accommodate the addition of three antennas, and six new transmission lines to accommodate new third generation GSM equipment operating on a frequency of 1945.000 MHz through 1950.000 MHz; and WHEREAS, the Original Lease, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, and the Seventh Amendment, is hereinafter referred to as the "Tower Site Lease"; and WHEREAS, the CITY, AT&T and COUNTY desire to enter into an Eighth Amendment to the Tower Site Lease (the "Eighth Amendment"), in order to provide for the replacement of the Decibel Antenna with a narrower beam width Bogner Celwave, in order to prevent intermittent radio reception problems and improve the clarity and quality of the radio transmissions and reception. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and various other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. All defined terms as used herein shall have the same meaning and effect as in the Tower Site Lease. o Exhibit "G" (antenna tower schematics) of the Tower Site Lease shall be replaced with Exhibit "G" (Antenna Tower Schematics) attached hereto. All provisions as contained in the Tower Site Lease not in conflict herein shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY, AT&T and CITY have executed this Agreement, or have caused the same to be executed by their duly authorized representatives, as of the day and year first above written. WITNESS: BY: AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation FLORIDA, INC. a Florida Corp. Print Name By: BY: Print Name and Title Print Name ATTEST: City Clerk CITY OF BO'~q'TON BEACH, FLORIDA, a municipal corporation of the State of Florida By: Kurt Bressner, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney ATTEST: DOROTHY H. WILKIN, Clerk PALM BEACH COUNTY, FLORIDA political subdivision of the State of Florida BY: Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS BY: BY: Assistant County Attorney \UGCDE_FS\LIBRARYM 990\900182.BBk4.GMT~Tow~' Site Lease (Sth Amend).doc SEVENTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT THIS SEVENTH AMENDMENT TO TOV~ER SITE LEASE AND JOINT USE AGREEMENT(R-99.311-D), is made and entered into this __ day of 2002, by and between The City of Boynton Beach, Florida, a municipal corporation ("CITY"), AT&T Wireless Services of Florida, Inc. a Florida corporation ("AT&T"), and Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY"). WITNESSETH: WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into that certain Tower Site Lease and Joint Use Agreement dated November 18, 1986 (the "Original Lease") for the construction of a 320-foot self-supporting communications tower upon the Premises; and WHEREAS, CITY and Palm Beach County Cellular Telephone Company, as the successor in interest to West Palm Beach Cellular Telephone Company, entered into that certain Amendment to Tower Site Lease and Joint Use Agreement, dated June 21, 1988 (the "First Amendment"); and WHEREAS, CITY and Palm Beach Cellular Telephone Company, as successor in interest to Palm Beach County Cellular Telephone Company, entered into that certain Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June 20, 1989 (the "Second Amendment"); and WHEREAS, CITY, Palm Beach Cellular Telephone Company, and Richard P. Wille as SheriffofPalm Beach County, entered into that certain Joint Use Agreement dated August 22, 1989 (the "Third Amendment"); and WHEREAS, CITY and AT&T, as the successor in interest to Palm Beach Cellular Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and Joint Use Agreement in 1998 (the "Four'da Amendment"); and WHEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Tower Site Lease and Joint Use Agreement dated February 23, 1999 (the "Fifth Amendment"). The Original Lease, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Fifth Amendment is hereinafter referred to as the "Tower Site Lease"; and WHEREAS, CITY, AT&T and COUNTY entered into a Sixth Amendment to Tower Site Lease in order to modify the legal description and authorize the County to install a generator with fuel tanks; and new transmissions lines to accommodate new third generation GSM equipment operating on a frequency of 1945.000 MHz through 1950.000 MHz, all of which is to be installed by AT&T, it is necessary to modify the Antenna Tower Schematics exhibit and the Frequency List exhibit of the Tower Site Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and various other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Page 2 of 3 1. All defined terms as used herein shall have the same meaning and effect as in the Tower Site Lease. 2. Exhibit" I "(frequency list) of the Tower Site Lease shall be replaced with Exhibit "l" (Frequency List) attached hereto. 3. Exhibit "G' (antenna tower schematics) of the Tower Site Lease shall be replaced with Exhibit "G" (Antenna Tower Schematics) attached hereto. 4. Except as modified by this Seventh Amendment, the Tower Site Lease remains unmodified and in full force and effect in accordance with the terms thereof. IN WITNESS WHEREOF, COUNTY, AT&T, and CITY have executed this Agreement, or have caused the same to be executed by their duly authorized representatives, as of the day and year first above written. WITN S: print name AT& T WIRELESS SERVICES OF FLORIDA, INC. a Florida corporation print name ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City ARomey of the State of FJ~,ida _ ~ Print Name and Title Print Name and Title ~ * ...-":'-":.- 'o ~ FL ORiDA,~'~,~rporation R2002 0766 ATTEST: DOROTHY H. WILKEN, Cle~3S. · ,.03..,` Deputy Clerk PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida ¢~H~. 14AY 2 1 ~OZ W . Newell, Chairman (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant,?.o~nty Attorney APPROVED AS TO TERMS AND CONDITIONS By: Audrey Wolf, Director Facilities Development & Operations Page 3of 3 ,, Exhibit "G" ~ (Antenna Tower Schematics) PALM BEACH COUNTY COMMUNICATIONS DIVISION BOYNTON BEACH TOWER ANTENNA LIST ~DECEMBER 31, 2001 1 08810 DECIBEL BOYNTON BEACH TRUNKING SYSTEM 315' S 2 RF~_~'t 2 B~_~ner C,~.~,.m~,i: enynron BEACH TRUNKIN~ SYSTEM 295' NW 3 08810 DECIBEL BOYNTON BEACH TRUNKINO SYSTEM 275' 4 BMR 1.__.~22-A__(.I} ........_C.E_LWAVE ..... COUNTY TRUNKED SYSTEM {NPSPAC} __275' NW .5 BMR T 2.A (, 1} CELWAVE COUN I Y TRUNKED SYSTEM {NPSPAC} 2 ?,5' NE 6 BMRI2-A [2} CELWAVE COUNTY TRUNKED SYSTEM {NPSPAC) 245' NW - ? BMR12-A [2) CELWAVE COUNTY TRUNKED SYSTEM {NPSPAC} 245' NW · S 8 BMR12.A {2} CELWAVE COUNTY TRUNKED SYSTEM {NPSPAC} 2.15' NW - S 9 BMR12-A {2} CELWAVE COUNTY TRUNKED SYSTEM [NPSpAc} 245' NW- S 10 08264 DECIBEL SHERIFF'S OFFICE VNF RECEIVE 23fi' NW 1 I 4' GRID DISH . DECIBEL MICROWAVE TO BOYNTON BEACH CITY HALL 2'~fi' 12 HPS-65E DEOBEL COUNI'~' MICROWAVE TO EOC 200' NW 13 08264 DECIBEL FBI VHF RECEIVE 2OlY NE 14 08564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 150' NE 15 08564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 150' NE T6 O8564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 150' NE 17 7262 O1 ALLGON AT&T WIRELESS CELLULAR ANTENNAS 3G T50' NE 18 HPS-65E DECIBEL COUNTY MICROWAVE TO SOUTH EMS 130' -- 19 PO 455 ANDREW BOYNTON BEACH MOBILE DATA SYSTEM 100' S 20 08222 DECIBEL MOSCAD VHF BACKUP ANTENNA TOO' NW 21 08564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' ,., r~w - S 22 08564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' 2:3 08564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW · S 24 D8S~54 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS TOO' NW - S 25 08564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW - $ 2~5 08564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW - 27 726205 ALLGON AT&T WIRELESS CELLULAR ANTENNAS 3(} 100' t lW - S 28 7262.01 ALLGON AT&T WIRELESS CELLULAR ANTENNAS 3(3 100' HW * S 29 VHF YAGI DECIBEL UNKNOWN 20' NE AN1.ENNA 4 IS RECEIVE ONLY ON Tile FREQUENCTES LISTED, ANTENNA 5 IS A SPARE ANTENNA. ANTENNAS 6.?.8.Ag ARE TRANSMIT ONLY ON THE FREQUENCIES LISTED, COUNTY MICROWAVE FREQUENCIES AND ERP TO BE DETERMINED AS PART OF THE 800 MHZ SYS1,EM DESI(3N. MICROWAVE DISH LOCATIONS MAY BE MODIFIED TO MEET THE DE S1(31',1REQUIREMEN I'S ANTEt'IHAR-I?. 27 &28 ADDED BY Ar&r 12131101 FOR 3(3 REQUIREMENTS Exhibit "G" (Antenna Trover Schematics) NOTES: /~ ~s; t SEE ATTACHEO FABLE FOR ANTENNA AND CABLE 0E TAILS. 14 275' /~7~ 13 _275' 2. COUNTY 800 MHZ ANTENNAS ANO MICROWA~ OISH LOCATI~S ARE BASED ON MOTOROLA ~ f,o 23S' BI CONSIO[R[D A C~$TRUCTION 0RA~NG. TH~ 7 ~ ORAMNO IS NOT TO SCALE. 7" J~ ~ LAT I tU~: 26- 32- 38N Z~'~ /0W[R HEIGHT AGL: 320 FEET ~ ~ rACE ~IOTH AT GROUND: ~0 FEET SITE [LEVA~ION AHSL: 23 FEET - NW S BOYNTON BEACH CITY ~ REVISIONS C~IVlI~IUIN [ C~i- ~ UINS TOWER ~ ~OOED ANTENNAS ~17,27,~28 23101 2 E~ch~e cu~ea~ ~ecet~e ~tea~ )9-05-)3 PALM BEACH COUNTY ~, c,i.~, C~MMUN[CAI[~NS DIVISIUN FILE:x~o~u,o~No~2 DATE: ,~,~' ~r t V.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Tumed in to CiW Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be 'Fumed in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19,2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Recommendation from Recreation and Parks Advisory Board to name Hester Park Pre§~ Box and playing fields after Mr. Tom Williams. Action needed: Adoption of Resolution. EXPLANATION: The Recreation and Parks Advisory Board has recommended that the Press Box and playing fields at Hester Park be named after Mr. Tom Williams in recognition of Mr. Williams' dedication to youth athletics. This xvas discussed at the Board's meeting of July 23, 2001. Please note that this recommendation preceded the City Commission's adoption of the policy in April 2003 calling for a resolution authorizing name changes. However, the resolution is in conformance with policy. PROGRAM IMPACT: The naming of the Press Box after Mr. Williams will be a reminder of his many contributions to youth recreation activities in Boynton Beach. FISCAL IMPACT: Approximately $150 for the brass plaque for the facility. ALTERNATIVES: Decline to follow the recommendation of the Recreation and Parks Advisory Board at this time. Department Head's Signature City Manager's Si~ffature Department Name City Attorney//~inanc'e / Human Resources S:kBULLETIN~ORMS',,AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE RECREATION AND PARKS ADVISORY BOARD TO RENAME THE PRESS BOX AND FOOTBALL FIELD AT HESTER PARK THE "TOMMY WILLIAMS, JR, FOOTBALL FIELD AND PRESS BOX"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Resolution No. R03-051 set forth a procedure for the naming of parks, ecreation areas, buildings and ope?, ,aces and other public facilities owned by the City, and ~ursuant ~.~ ~,,¢solut~on No. R03-051, the Recreation and Parks Advisory Board has ecommended to the City Commission that the press box and football field at Hester Park aould be renamed in honor or Tommy Williams, Jr., and WHEREAS, the City Commission deems it to be in the best interests of the citizens residents to rename the press box and football field in honor of Mr. Williams, who has a recreation and park advocate for forty years, having served as an employee of the City Boynton Beach Recreation Department as a Supervisor for many years, and being nstrumental in the planning of both Ezell Hester Park and Center; and WHEREAS, since Mr. Williams' retirement from the City of Boynton Beach he has ~een a member of the Recreation and- Parks Advisory Board where he continues to provide support for new and expanded recreation facilities and programs; and WItEREAS, the City Commission does hereby approve the recommendation of the ;ation and Parks Advisory Board to rename the Hester Park Press Box and football field honor of Mr. Tommy Williams, Jr. ;:\CA~RESO'd.,egislative Actions\Tommy Williams - Hester Park. doc NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ~ITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing recitals are hereby reaffirmed, and the City Commission does approve the recommendation of the Recreation and Parks Advisory Board to rename the tester Park Press Box and playing fields in honor of Mr. Tommy Williams. Section 2. That the football field and press box at Hester Park shall be renamed 'Tommy Williams, Jr., Football Field and Press Box". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 2ity Clerk iCorporate Seal) ;:\CAXRESOXI~gislativ¢ Actions\Tommy Williams - Hester Park. doc V.-CONSENT AGENDA WEb1 D.1. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Nog.~. ~ August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Please place this request on the October 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 0 vote (one recusal), recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-219. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Griffith Variance (ZNCV 03-009) Craig Griffith Craig Griffith 1301 NW 8m Court 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 R-l-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 ALTERNATIVES:~~ Development Dep~'ttnent DireCtor Planning and Zoning~Di~ctor City Manager'a/S'lgn~ture City Attorney / Finance / Human Resources S:LPlanningXSHARED\WPLPROJECTS\Griffith VarianceXAgenda Item Request Griffith Variance ZNCV 034)09 10-7-03.dot S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #03-219 Staff Report Planning and Development Board and City Commission Meeting Date: September 23, 2003 File No: ZNCV 03-009 Location: 1301 NW 8th Court (Lot 335, Block 9, Laurel Hills 5th Addition Subdivision) Owner: Craig Griffith Project: Rear addition to an existing single-family dwelling. Variance 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 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 1975, conforms to the current R-l-AA zoning district building and site regulations. Currently, the subject neighborhood is mostly developed The subject property has been improved, and occupied as a single family since 1975. The property is located at the west side of Northwest 8th Avenue with a depth of approximately 135 feet and a frontage of 75 feet. Staff surveyed the area and it was observed that the majority of properties along the west side of NW 8th 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 desires to expand the existing single-family home with a master bedroom/bathroom and home office addition (approximately 871 square feet) (see Exhibit "B" - Survey and Proposed Site Plan). 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: 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 C- -~ffith V~riance F,e N,:. ZNCV 03-009 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 districL That fiteral interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) Staff conducted the analysis focusing primarily 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. Additionally 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. Despite the responses by the applicant, a variance is to be granted on the basis of a hardship, which is established by characteristics other than those created by the landowner, or previous owner(s) by various site improvements or alterations. The emphasis of criteria "a", "b" and "c", in order to justify a hardship, is on natural or unique limitations relative to other properties within the neighborhood that are similarly zoned. The variance should make more equitable the regulations when applied to the various properties within the area. Alternatively stated, in order to meet criterion "c", one should assume that the same structure proposed similarly on an adjacent property could be constructed without a variance. 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. With respect to criterion "e", traditionally, variances are intended to prevent the total denial of reasonable use of a piece of property. If this were applicable to the subject case, then denial of the ability to build this addition would be construed as a denial of the reasonable use of the property. Staff does not concur with this position, but rather believes that the existing improvements on the property, to include the home and a wood shed represent "reasonable use" of a parcel zoned for single-family homes. Furthermore, notwithstanding interior layout and design objectives, there exists nearly 70 feet of depth to the rear property line where measured from the deepest dimension from the existing rear facade (northern portion of rear facade). This is less desirable to the applicant due in part, to it requiring the removal of an existing patio slab, and internal layout but if extended from the northern portion of the rear facade, an expansion could be as wide as 32 feet and still leave a 10-foot side setback, and extend over 40 feet in depth without encroaching into the rear setback. The granting of this variance would be an acknowledgement that there exists no alternative in either the structure size or location. F~age 3 ,~ rCfith Variance File No. ZNCV 03-009 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 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 proposed layout of this unit is also to accommodate a swimming pool in the future. Staff is supp _.¢tive of residential redevelopment and 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 or impact upon surrounding properties. Additionally, staff is proposing to take a closer look at the criteria and circumstances involved in these types of variance requests in the re-write of the Land Development Regulations in the coming year, in an effort to better facilitate neighborhood revitalization. For these reasons, if the Board and City Commission support this request, staff offers the following information for consideration: The proposed addition is to be located at the rear of the property abutting a public right- of-way (Dual frontage/through lot) and would still provide in excess of a 20-foot rear setback; 2. The subject improvement represents a modest expansion of the home relative to the minimum living area standard applicable to the subject zoning district; and Staff has received no letters of objection, but received only letters of support of the proposed expansion from adjacent property owners. Specifically, those letters are from the abutting property owners to the north, south and east of the subject property, which would be the most impacted by the proposed expansion. MR/mda J:\SHRDATA\Planning\SHARED\WP~PROJECTS\Griffi~ Vadance~ZNCV 03-009\STAFF REP.doc Location Map GRIFFITH ZNCV 03-009 EXHIBIT "A" BOYNTON CANAL C-16 N EXHIBIT "B' mO zZ EXHIBIT Statement of Special C,. nditions Griffiths Residence 1301NW 8~ Court ........... - .... Boynton Beach, FI 33426 ................ A. That special conditions and circumstances exist which are peculiar to the land, structures, or buildings in the same zoning district. Response: A special conditiou exists in that there is no lot adjacent to the property to the rear. The lot backs up to a sU:eet fight of way (name of street). A special condition also exists in that the location of the existing family room is at the rear of the house and is the logical starting point for a simple addition that will meet the owner's requirements. B. That the special conditions and circumstances do not result from the actions of the applicant. Response: The lot and house where purchased by the applicant in the existing condition and neither configuration was created due to the action of the apphcant. C. The granting of the variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands. Response: Typical houses constructed within the R1AA zoning district would normally be much larger than the subject property which is a 2 bedroom 1 bath 1 car garage with approximately 1233 square feet of living area. With the proposed addition of 871 square feet and consisting of an expanded family room, a home office, and a master bedroom and bath the square footage is increased to 2104 square feet. This proposed area is consistent with what could be expected of any new home within the same zoning district. Do That literal interpretation of the provisions of this chapter would deprive the applicant of fights commonly elljoyed by other properties in the same zoning district under the terms of the Ordinance and would work nnnecessal3t and undue hardship on the applicant. Response: Due to the existing location of the house in the middle of the lot and the existing plan layout the provisions of the chapter would restrict the reasonable expansion of the residence to meet current residential area standards and room sizes. E. That the variance granted is the minimtml variance ~ will make possible the reasonable use of the land, building or smtcture. Response: The variance requested represents the minimum required to serve the atyphcants needs for the addition. 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 other wise detrimental to the public welfare. Response: The variance if granted will improve property values and taxable values as well as continue a trend ofimpr, ovement in the Laurel Hills Subdivision and on this street in particular. Adequate landscaping will be installed to screen the rear of the addition and the proposed pool as well EXHIBIT "D" Conditions of Approval Project name: Griffith Variance File number: ZNCV 03-009 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 FORE STERfENVIRONMENTALIST 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 :\Planning\SHARED\WPXPROJECTS\Griffith 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: Griffith Variance APPLICANT'S AGENT: Craig Griffith APPLICANT'S ADDRESS: 1301 N.W. 8th Court, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 7, 2003 TYPE OF RELIEF SOUGHT: 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. LOCATION OF PROPERTY: 1301 N.W. 8th Court DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJ ECTS\Gdffith Variance\DO.doc City Clerk V.-CONSENT AGENDA ITEM D.2. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2,2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Nom~.) August 4, 2003 (Noon) August 18, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 Date Final Form Must be Turned in to City Clerk's Office September l 5, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-208. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Memorial Hospital (MSPM 03-008) Dennis Campbell, Kilday & Associates, Inc. Bethesda Memorial Hospital, Inc. 2815 S. Seacrest Boulevard Request for major site plan modification to an existing site plan to add 56,277 square feet in two additional floors to accommodate a comprehensive in-patient rehabilitation center within the existing building foot print of the hospital. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ,0~ N/A Planning and Zoninl~2~trector CRy ~;r[a~er ;S' Signature SSPlanning~SHARED\WPXPROJECTSXBethesdahMSPM 03-008~Agenda Item Request Bethesda Memorial Hosp MSPM 03-008 10-7-03.dot S:~IULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources TO: TH RU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-208 STAFF REPORT Chairman and Members Planning and Development Board and City Commission Michael Rumpf Planning and Zoning Director Ed Breese ~ Principal Planner September 2, 2003 Bethesda Memorial Hospital/MSPM 02~008 Major Site Plan Modification PRO3ECT DESCRIPTION Property Owner: Applicant: Location: Bethesda Memorial Hospital, Inc. Dennis Campbell, Kilday & Associates, Inc. 2815 South Seacrest Boulevard (see Exhibit"A'- Location Map) Existing Land Use/Zoning: Public- Private, Government, Institutional (PPG1~) / Public Use (PU) Proposed Land Use/Zoning: Proposed Use: No change Construction of 56,277 square foot addition within the current footprint of the hospital to accommodate a Comprehensive Inpatient Rehabilitation Ceqter Acreage: 24.22 acres (total hospital site) Adjacent Uses: North: South: East: West: Bethesda Medical Plaza, Early Learning Center @ Bethesda, and then farther north single-family residential; Boulevard Manor Nursing Center and then farther south High Ridge Apartments; Seacrest Boulevard, then farther east various medical offices/buildings and then farther east single-family residential; and Bethesda Memorial Hospital parking and then farther west single-family residential. Staff Report - Bethesda Memorial Hospital (MSPM 03-008) Memorandum No PZ 03-208 Page 2 Site Characteristic: The Site Data prepared by Kilday & Associates indicates that the site has been developed with a 530,542 square foot hospital facility containing 300 beds, a daycare center, a total of 1,035 on-site parking spaces (148 off-site) and approximately 24% landscape area. BACKGROUND Proposal: Bethesda Memorial Hospital is requesting to add 56,277 square feet of vertical construction within the existing footprint of the building in order to provide a Comprehensive ];npatient Rehabilitation Unit. The second and third level expansion are intended to house this new unit. ANALYSIS 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. Palm Beach County has provided a preliminary review and requested the applicant to provide additional information. No construction permit will be issued without appropriate signooff from Palm Beach County Traffic Engineering (see Exhibit "C" -Conditions of Approval). Drainage: The proposed expansion (vertical) does not require any pavement or drainage modifications to the site as a result of the construd:ion. School: School concurrency is not required for this type of project. Driveways: The proposed expansion does not modify any circulation characteristics of the site. The Hospital proposes to limit construction traffic entering and exiting the site to SW 23rd Avenue to restrict large equipment and vehicles from circumnavigating the site and reducing the interaction with motorists and pedestrians during the construction. Parking Facility: The Site Plan prepared by Kilday & Associates provides a list of the different uses and parking requirements of each. In accordance with City parking codes, the plan indicates 300 hospital beds @ 2.5 parking spaces required per bed for a total Of 750 parking spaces. Additionally, the daycare center comprises 7,500 square feet with a parking requirement of 1 parking space per every 300 square feet, for a total of 25 parking spaces. Lastly, the utility building totals 8,968 square feet with a parking requirement of I parking space per every 500 square feet, for a total of 18 parking spaces. The sum total of required parking, based on the number of beds and ancillary structures, is indicated on the plans as 793 parking spaces. Based upon the Site Plan and a Parking Planning Study prepared in May, 2002, the Hospital provides 1,183 parking spaces (1,035 on~site and 148 off). By the numbers, the Hospital Staff Report - Eethesda Memorial Hospital (MSPM 03-008) Memorandum No PZ 03-208 Page 3 meets City parking codes and provides 390 excess parking spaces. According to the Hay, 2002 Parking Planning Study conducted for Bethesda Memorial Hospital, only 1,000 on-site parking spaces were available at the time of the study due to construction trailers and lay-down areas for on-going work on the Hospital, reducing the number of excess parking spaces to 355. The Site Plan depicts 29 handicap parking spaces and a code requirement for 22, an excess of 7. During construction however, the Hospital proposes to maintain the code required 22 handicap parking spaces only, since some of the handicap parking near the building will be used for construction staging and fenced-off. Additionally, the contractor will provide covered construction walkway tunnels for protection from the construction when entering the building. The 2002 Parking Planning Study also reviewed the parking demand in present day and a 2010 planning horizon. The current planning deficit was determined to be 198 parking spaces, with a shortfall of 693 by the year 2010. Since the time of the study, the Hospital received approval for two physician parking structures totaling 85 parking spaces. As a part of that approval, 12 parking spaces will be eliminated with the new construction, resulting in the addition of 73 spaces as opposed to 85. TheHospital's consultants recently met with City staff to discuss conceptual plans for a 683 car parking structure in the existing parking field immediately north of the Comprehensive l:npatient Rehabilitation Unit that is the subject of this application. This would appear to be a further step in addressing long-term operational issues raised in the parking study. Landscaping: Building and Site: Design: The vertical expansion does not contemplate the addition of landscaping. Naturally, any damage to existing landscaping during the project will be required to be brought into compliance with the code under the supervision of the City Forester. The proposed vertical expansion will house a storage room and mechanical room on the second level and the 28 bed Comprehensive :Inpatient Rehabilitation Unit will be located on the third level. The fourth level will consist of the mechanical room housing the elevator equipment and stair tower. The proposed addition has been designed to be harmonious in size and scale with the surrounding floors of the Hospital. The elevator equipment and stair tower structure will exceed the allowable 45 foot limit by 10 feet - 5 inches and the fourth level parapet will exceed this limit by 4 inches. The City Commission has the authority to grant a Height Exception for these types of structures and appurtenances. The applicant has made a separate application for the Height Exception. The addition is proposed to be compatible with the existing building elements of the Hospital. The proposal utilizes matching stucco finish and score lines as the existing building, curtain wall window system and matching color scheme. The body color proposed for the building is Peach Vail (Sonneborn Acrylic Elastomeric 63 - 803). The accent color proposed is White (Sonneborn Acrylic Elastomeric 64 - 235). Staff Report - Bethesda Memorial Hospital (MSPM 03-008) Memorandum No PZ 03-208 Page 4 Signage: No new signs are proposed in conjunction with this request for major site plan modification. RECO M M E N DATIO N: The Technical Review Committee (TI~) has reviewed this request for major site plan modification approval. Staff recommends approval, contingent upon 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. MWR / eb S:\Planning\Shared\Wp\Projects\Bethesda Memorial Hospital~HSPH 03-008\Staff Report.doc Location Map BETHESDA HOSPITAL EXHIBIT "~," R3 SW 23RD AVE Cl EXHIBIT "S" 0 Z EXHIBIT "B" I1~ I,lll!!l,lllJ t]111 !I I~ EXHIBIT "B" .~ o~ "r k___iJ EXHIBIT "B" EXHIBIT EXHIBIT "B" ;' ::I I l~l [ EXHIBIT "B" EXHIBIT "B" EXHIBIT ?. -, -.: EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Bethesda Memorial Hospital File number: MSPM 03-008 Reference: 2nd review plans identified with an August 26, 2003 Planning & Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. Although the parking for the hospital meets current code requirements,. X Engineering recommends that the Hospital review the data from their May, 2002 parking study to implement additional on-site parking that is flexible enoug~,h to Vow with the hospital's needs. BUILDING DIVISION Comments: 2. Title Sheet shall r_e~lect The Year Standards that are in effect: X a) The 2002 Edition of NEC is in effect as of June 30, 2003. b) The 1995 Edition of NFPA 80. 3. The noted fire resistance ratings on the title sheet shall comply with Table X 600 of 2001 FBC for the required fire resistance ratin[[s. 4. Place a note on the elevation view drawings indicating that the wall openings X and wall construction comply with Table 600 of the 2001 FBC. 5. Buildings, structures and parts thereof shall be designed to withstand the X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 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 FBC. 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. 6. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the buildinl~ desil[~n. 7. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 8. Indicate the number of accessible parking spaces provided and where the X existing Handicap spaces will be relocated. 9. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to the building. The installed symbol, required along the path, shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty- four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 11-4.3 (Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones) of the 2001 FBC. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. Clarify to wl~ere the existing Handicap spaces will be relocated. 10. If capital facility fees (water and sewer) have been paid in advance to the City X of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: i. The full name of the project as it appears on the Development Order and the Commission-approved site plan. ii. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) PARKS AND RECREATION Comments: None X DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 11. The "Mechanical Room" exceeds the 45 foot height limitation by 10 feet 5 [ X [ inches and will require a Heisht Exception by the City Commission. 12. All above ground mechanical equipment will need to be visually screened. I X 13. Any equipment attached to the exterior walls shall be painted to match the 14. Any landscape required to be removed due to the construction should be X noted, complete with a replanting schedule, and should be coordinated with the City Forester. 15. The revised Traffic Study has been forwarded to Palm Beach County Traffic X Division for review and determination. No permit shall be issued prior to receipt of an approval letter. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP~PROJECTSXBethcsdaXMSPM 03-008\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc PROJECT NAME ' APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~ethesda rv!~moria? Hospital, Inc. Dennis Campbell, Kilday & Associates, Inc. 1551 Forum Place, Suite 100A, West Palm Beach, FI 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 7, 2003 TYPE OF RELIEF SOUGHT: Request major site plan modification approval for construction of a 56,277 square foot addition within the current footprint of the hospital to accommodate a Comprehensive Inpatient Rehabilitation Center. LOCATION OF PROPERTY: 2815 South Seacrest Boulevard SEE EXHIBIT "B" ATTACHED HERETO. DRAWING(S): × THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis.for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". o The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D.3. AGENDA ITEM REQUEST FOIl,, Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2,2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation -~:-~ [] Consent Agenda [] Public Hearing .~- [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject re'~lrest be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-217. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Memorial Hospital (HTEX 03-006) Dennis Campbell, Kilday & Associates, Inc. Bethesda Memorial Hospital, Inc. 2815 S. Seacrest Boulevard Request for a height exception of 10 feet-5 inches pursuant to the City's Land Development Regulation, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevators and stair tower to be 55'-5" in height, a distance of 10'5" above the maximum 45-foot height allowed in the Public Usage (PU) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A D eveloprfiefff 15~par[m'~ffD:~r[ctor k, · Planning and Zon~l~rector ! 7- - Ci~/IV~ar~agg's sig~iture City Attorney / Finance / Human Resources S:XPlanningXSHARED\WPXPROJECTS~Bethesdah'-ITEX 03-O06~genda Item Request Bethesda Memorial Hosp HTEX 03-006 10-7-03.dot S:~BULLETINWORMS~,AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO, PZ 03-217 Chairman a~d Members Planning & Development Board and City Commission Michael Rumpf Director of Planning and Zoning Ed Breese Principal Planner September 12, 2003 Bethesda Memorial Hospital / HTEX 03- 006 Height Exception Property Owner: Applicant: Agent: Location: Existing Land Use / Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRO3ECT DE$CR1;P'r~ON Bethesda Memorial Hospital, Inc. Ms. Sheila Elijah, AH with HDR Architecture, Inc. Ms. Sheila Elijah, AH with HDR Architecture, Inc. 2815 South Seacrest Boulevard (see Exhibit "A"- Location Map) Public-Private, Government, l~nstitutional (PPGI) / Public Use (PU) No change proposed Construction of a 56,277 square foot addition within the current footprint of the hospital to accommodate a Comprehensive Inpatient Rehabilitation Center 24.22 acres (total hospital site) Bethesda Medical Plaza, Early Learning Center @ Bethesda, and then farther north single-family residential; Boulevard Manor Nursing Center and then farther south High Ridge Apartments; Seacrest Boulevard, then farther east various medical offices/buildings and then farther east single-family residential; and Bethesda Memorial Hospital parking and then farther west single-family residential. Page 2 Memorandum No. PZ 03-217 BACKGROUND The consultants for Bethesda Memorial Hospital have submitted a request for Major Site Plan Modification approval for a 56,277 square foot addition to the existing 530,542 square foot hospital. This application for a height exception accompanies the above-mentioned site plan request (MSPM 03-008). The subject property is located at 28::[5 South Seacrest Boulevard, on the west side, south of SW 23rd Avenue/Golf Road (see Exhibit"A"- Location Map). The maximum building height in the PU zoning district is 45 feet. The elevation (see Exhibit "B" - Sheet A20:t) shows that the building would be constructed within the footprint of the existing hospital structure, and would add a 2"d, 3rd and 4th level to the northwest wing (Radiology Department). According to Sheets A:t05 and A201, the 4m level, which is simply mechanical space for the elevator and stair tower, extends to a height of 55 feet - five (5) inches. This mechanical space exceeds the maximum allowable height of the PU zoning district by :tO feet - five (5) inches and would require approval as a height exception. ANALYSIS 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. According to Chapter 2, Section 4.F.:t of the Land Development Regulations, no portion of any structure intended to be utilized for residential, commercial, or industrial purposes within the municipal limits of the City of Boynton Beach, Florida, shall exceed the height of 45 feet. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, also 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. According to Chapter 2, Section 4.F.2, electrical and mechanical support systems and their necessary mechanical appurtenances may be erected within a structure or on top of a structure, above the district height limitations, and are eligible for consideration of approval by the City Commission on a case - by - case basis. According to the elevations (see Exhibit "B" - tower) is proposed at 55 feet - five (5) inches building height allowed in the PU zoning district. Sheet A201), the mechanical room (elevator and stair in height, :~0 feet - five (5) inches above the maximum Staff has determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. The large footprint of the existing hospital on its sprawling campus-like setting would appear to dwarf the mechanical room on the roof and create minimal visual impact. The closest residential structure is approximately 300 feet away from the proposed mechanical room, in a northeasterly direction. ~[n reviewing the standards for granting approval, staff agreed with the applicant that the exception is necessary to provide the-required access to the roof, that there should be no adverse effect and that the requested waiver would not severely reduce light and air in adjacent areas. The applicant notes that there are no occupied spaces within the proposed mechanical room and that there should be no perception of the project as a deterrent to the improvement or development of adjacent property or as a special privilege granted to the hospital. Page 3 Memorandum No. PZ 03-217 RECO M MEN DAT'~O N Based on the analysis contained herein, staff recommends that this request for a height exception of 10 feet - five (5) inches be approved for the mechanical room portion of the Bethesda Memorial Hospital expansion project. 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"- Conditions of Approval. S:\Planning\Shared~Wp\Projects\Bethesda Memorial Hospital\HTEX 03-006\Staff Report.doc Location Map BET,'-;E~DA ' '""' ~ r-,,~,...., P iTAL EXHIBIT "A" R3 SW 23RD AVE C1 N EXHIBIT "B" 0 < o ilii![!!jllij! 0 0 --I 0 Z EXHIBIT "B" % % aS II I ::1 IlhJll! il!i Jl[ Vi~;;I '11' [I I · ; lill ! 'Fit ii :Ii :.~II EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" iii ~:,j!::,,::,~,: .. I .iqll I ,,,,,,,,,,,,,,l,lt,l,,,_~.iJ~l I ~ J I jjilljjjjjj jjjiJ~J!il ii j~JJJqjJlll' J!l r I?l!lJ~ ,I,,~ll~ji~jJjj~!il~lJ ,1'1/ ]0 !!l!l!!,!?,l,lillti, liJilt[ll~ !!, ii! '11 Illlllll II1 I J I J · IIliilliilliil I il~"J I pllllll'llJ iI ,ii l; ,,~',' l'l,J.,lJl'll~!jJ' , T I '~ r T EXHIBIT "B" EXHIBIT "B" iiiiii!l :I' EXHIBIT "B" ;. u~ C I , _XH,B! "B" -I 5.W. 23F~.~ A~'ENL~E EXHIBIT "B" EXHIBIT "B' EX. HIBIT "B" EXHIBIT "B" EXH,C,= ~ ,, J U I(~] EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Bethesda Memorial Hospital File number: HTEX 03-006 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 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :~Planning\SHARED\WP~ROJECTS'~Bethesda\HTEX 03-006\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYN-ON BEACH, FLORIDA Be~hesc.~ ! lemor',ai Hosl. iai, Inc. Sheila Elijah, AIA, HDR Architecture, Inc. 8404 Indian Hills Drive, Omaha, Nebraska 68114-4098 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 7, 2003 TYPE OF RELIEF SOUGHT: Request height exception approval to allow a height of 55'- 5" for the mechanical room, an exception of 10'- 5". LOCATION OF PROPERTY: 2815 South Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. × THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk V.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM D.4. AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Tumed in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 4; 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) August 18, 2003 CNoon) [] November 5, 2003 October 20, 2003 (Noon) September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 [] Administrative [] Legal [] Announcement [] New Business -~. [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unaniraous vote, recommended that the subject request be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-218. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESC -P~IPTION: Safe & Secure (NWSP 03-001) Bradley Miller, Miller Land Planning Consultants, Inc. Estelle Blumberg Northwest corner of SW 30t~ Avenue & Congress Avenue Request for new site plan approval for the construction of a three (3) story, 95,588 square foot self-storage facility on 3.39 acres in the M-1 zoning dislrict. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:/~ N/A Develop ~Depa~nt Director Planning and Zoni~g/D'~'~ctor - ~ City'l~lanager s/~ignature City Attorney / Finance / Human Resources S:XPlanning~SHARED\WPh°ROJECTSXSafe & Secure Self Storagc~.gcnda Item Request Safe & Secure NWSP 034)01 10-74)3.dot S:~BULLETIN%CORMS~AGENDA ITEM REQUEST FORM.DOC TO: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-218 STAFF REPORT Chairman and Members Planning & Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner , DATE: PROJECi' NAME/NO: REQUEST: September 18, 2003 Safe & Secure Self-storage / NWSP 03-001 New Site Plan Property Owner: Applicant: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRQ3ECT DESI;RIPTZON Ms. Estelle Blumberg Mr. Anthony V. Pugilese, III Northeast corner of Congress Avenue and Southwest 30th Avenue (see Exhibit "A"- Location Map) Industrial (I) / Industrial (M-l) No change Request site plan approval for the construction of a three (3)-story 95,588 square foot self-storage facility 3.39 acres (147,831.34 square feet) Undeveloped industrial property zoned Industrial (M-l); Right-of-way for Southwest 30th Avenue, then farther south is developed industrial property CTire Kingdom), zoned Industrial (M-l); Developed industrial property (office / warehouses), zoned Industrial (M-l); and Right-of-way for Congress Avenue, then farther west is commercial property (Alterra ACLF), zoned Community Commercial (C-3). Sts'-' Report- Safe & Secure (NWSP 03-001) Memorandum No PZ 03-218 Page 2 Site Characteristic: Proposal: Concurrency: Traffic: Drainage: School: Driveways: Parking Facility: The survey shows that the subject property is a long rectangular lot. It has over 497 feet of frontage on Congress Avenue and 267 feet of frontage on Southwest 30th Avenue. The survey shows that the highest elevation (~.4.6 feet) is near the southern portion of the site. The survey also shows that a 60-foot wide drainage easement currently runs along the eastern portion of the site. This portion of the property cannot be improved and must be maintained strictly as pervious area. The survey shows an existing traffic pole at the southwest corner of Parcel "A" (Congress Avenue and Southwest 30th Avenue). A large pylon sign advertising for South Technical Education Center is also located at the southwest corner. However, this sign is located outside the boundaries of the subject property. BACKGROUND The applicant's agent, Mr. Bradley D. Miller, AICP of Niller Land Planning Consultants, :Incorporated is requesting new site plan approval for the construction of a three (3)-story limited-access self-storage facility. The building would consist of 721 bays inside a 95,588 square foot building. The project would be built in one (:~) phase. ANALY$]:$ 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 Palm Beach County Traffic Division approved the project for a 93,300 square foot building. A revised traffic statement must be submitted and approved by the Traffic Division prior to the issuance of a building permit (see Exhibit "C" - Conditions of Approval). 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 of permit review (see Exhibit "C" - Conditions of Approval). School concurrency is not required for this type of project. The site plan (sheet A3.0) shows that one (:~) entrance is proposed along Southwest 30~ Avenue. Although not dimensioned, when scaled, it appears that the driveway would be 27 feet in width. This future entrance would lead to the main access drive into the interior of the property. The curb-cut onto Congress Avenue from Parcel "B" shown on the site plan is not part of this review. The proposed building would be a Iow traffic generator. This is evidenced by the findings of the Palm Beach County Traffic Division, which indicates that the project would generate 22~. new daily trips. The required parking for a limited access self- storage facility shall be provided at a rate of one (1) space per 75 storage bays, plus one (1) space per 300 square feet of office and two (2) security spaces. The site plan (sheet A3.0) tabular data shows that the project would consist of 721 Staff Report - ~ afe & Secure (NWSP 03-001) Memorandum No PZ 03-218 Page 3 Landscaping: storage bays and 1,249 square feet of accessory office. Any future increase or decrease in the number of bays or office area would change the required number of parking spaces. The project, as proposed, requires 17 parking spaces. The plan would provide 2:~ spaces, an excess of four (4) spaces. The typical parking detail (on the site plan) shows that all 90-degree spaces would be dimensioned nine (9) feet - six (6) inches in width by 18 feet - six (6) inches in length, except for the one (].) handicap space. The dimensions of the handicap space would be enlarged to comply with the requirements of the American with Disabilities Act (ADA). The proposed backup distance for all spaces is 25 feet. As proposed, :t6.69% or 12,370 square feet of Parcel "A" would be paved. If / when Parcel "B" is developed, the integrity of the "temporaw turn-around" area shall be preserved. However, any changes to the "turn-around" area would be reviewed and approved by staff, fn conclusion, legal access to Parcel "B" would have to be reviewed and approved by staff during the time of site plan review. The subject site had been previously cleared but currently contains grass, Sabal palm trees, and a stand of Greentip Cocoplum. The City Forester / Environmentalist would oversee the mitigation process at the time of permitting. The proposed landscaped (pervious) area for Parcel "A" would be 29,682 square feet or 40% of the Parcel "A" lot. At this time, the pervious area for Parcel "B" would be 63,903 or 86.6% of the Parcel "B" lot. The pervious area of Parcel "B" is most certainly to decrease when the site is developed. However, in both cases, the majority of the pervious area for both parcels would be the 60-foot wide drainage easement that runs along the east portion of the entire property. The landscape plan plant list (sheet L-:t of t) shows that the front (west) landscape buffer along Congress Avenue would be 7 feet wide at its narrowest point. As part of the M-1 zoning district setback requirements, the building would have to be setback a minimum of 15 feet from the west property line. Within this :l.5-foot wide green area, the landscape plan proposes (6) Sabal palm (near the center of the building), two (2) Gumbo Limbo trees, six (6) Montgomery palm trees, and four (4) Purple Glory trees. The Purple Glory trees would be installed at 6 feet in height and counted as "shrubs, groundcover, and accents". Also, Wax Jasmine, Croton, and Redtip Cocoplum would be installed at the base of the building. Congress Avenue is a highly traveled corridor in the city. At a minimum, staff recommends planting a row of colorful groundcover plants (outside of the proposed Redtip Cocoplum hedge) within the landscape strip adjacent to Congress Avenue. The two (2) Gumbo Limbo trees should be substituted with Live Oak trees since the -Gumbo Limbos do not have leaves for a few months out of the year. Finally, staff also recommends planting additional clusters of palm trees (single or double trunked and at least ~.2 feet in height) within the landscape strips along the north, south, and west sides of the building in order to break up the great wall expanse (see Exhibit "C" - Conditions of Approval). The rear of the property (east of the drainage ditch) would contain a row of Redtip Cocoplum hedges and seven (7) Live Oak trees. Six (6) Yellow Trumpet trees and a row of Spanish Shawl hedges would be installed west of the drainage ditch. The parking lot would have Pigeon Plum trees planted within the landscape islands. The north landscape buffer (adjacent to the proposed Parcel "B'~ would contain three (3) Gumbo Limbo, six (6) Sabal palm, Staff Peport - S~fe & Secure (NWSP 03-001 ) Memorandum No PZ 03-218 Page 4 Building and Site: two (2) Lakeview Jasmine trees. The Lakeview Jasmine trees would be installed at five (5) feet in height and counted towards "shrubs, groundcover, and accents". Also, a row of Redtip Cocoplum hedges would be installed at the base of the building. Finally, the south landscape buffer would contain similar landscape material as the west and north buffers, such as Gumbo Limbo, Sabal palm, and Montgomery palm trees. The site plan (sheet A3.0) shows that the subject property would be eventually divided into two parcels, namely Parcel "A" and Parcel "B". The extent of the proposed construction would only be limited to areas outside the 60-foot wide utility easement of both parcels. A future subdivision of the property into two (2) parcels could occur without the requirement for replatting. Also, it appears that a future curb-cut (ingress / egress) from Parcel "B" would be proposed on Congress Avenue. As previously mentioned, since this curb-cut is not a component of this request for site plan approval, evidence of a cross-access agreement would be required between Parcel "A" and Parcel "B" (see Exhibit "C" - Conditions of Approval). Until the property is successfully subdivided and access is maintained for both parcels, staff wants to ensure that a cross-access agreement is recorded prior to the issuance of any building permits on Parcel "A". All lots must have a form of legal access. Required building setbacks are determined as follows: Front- west; Side- north / south; and Rear - east. The building proposed on Parcel "A" would meet all required setbacks of the M-1 zoning district. The building would be setback 15 feet from the front (west) property line, 25 feet - five (5) inches from the side (west) property line and 117 feet - four (4) inches from the rear (east) property line. Currently, the building would be setback 26:L feet from the side (north) property line. However, in the future, if the property is subdivided to how it appears on this plan (as information only), the side (north) setback would be reduced from 261 feet to 15 feet, which would still be in compliance with the Land Development Regulations. Regardless of subdividing, all future development on Parcel "B" would have to comply with same Setback requirements of the M-! zoning district, outlined in Chapter 2, Section 8.A.6 of the Land Development Regulations. A self-storage facility is a permitted use in the Industrial (M-l) zoning district. No outside storage is proposed for Parcel "A" and nothing is proposed for Parcel "B" at this time. The floor plan (sheet A4.0) shows that that building would be 212 feet wide and 160 feet- eight (8) inches deep. The one (1) loading zone is proposed at 'the rear of the building, cradled within a nook of the building, unseen from Congress Avenue and most of Southwest 30m Avenue. One (1) dumpster enclosure is proposed at the rear of the site, located at the northeast corner of Parcel "A". It would be angled in such a way as to facilitate the efficient removal of trash. A note on the site plan indicates that the dumpster enclosure would be architecturally finished to match the colors / materials of the main building and landscaped. The storage bays would not be used to manufacture, fabricate, process, service or repair vehicles, boats, small engines / electrical equipment, or to conduct similar repair activities. No garage sales would be permitted on-site. All of the storage Staff Report - Safe & Secure (NWSP 03-001 ) Memorandum No PZ 03-218 Page 5 Design: Signage: bays would be located inside the building, a wholly enclosed space with no individual bay doors having direct access to the outside of the building. No exterior loudspeakers or paging equipment shall be permitted on-site. The maximum size of a storage bay would be limited to 450 square feet. These are all supplemental regulations in the City's Land Development Regulations designed specifically for self-storage facilities. These supplemental regulations have been made known by staff and acknowledged by the applicant. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The proposed building has been designed as a three (3)-story structure. The maximum building height in the M-~. zoning district is 45 feet. According to the elevations (sheet AS.0), the top of the roof would be 36 feet - eight (8) inches in height. Although not dimensioned, the top portion of the center parapet wall is 4-0 feet - eight (8) inches in height. The mid-point of the decorative tower is 45 feet - three (3) inches in height. These decorative towers would have to be reduced by three (3) inches in order to comply with the maximum height restriction of 45 feet. According to the applicant, the design of the tower can be reduced to 45 feet (at mid-point) so that the project would comply with the Land Development Regulations (see Exhibit "C" - Conditions of Approval). This type of roof feature would not be eligible for consideration of a height exception. The proposed building would not have the typical characteristics of an industrial building. Although the building would be large, the building facades oriented towards the rights-of-way would be enhanced with multiple windows, score lines, diamond accent tiles, wall sconces, and cornices. In addition, the window frames would be made of bronze aluminum. The City's Land Development Regulations require self-storage facilities adhere to different architectural standards. For example, all facades viewable from arterial roadways shall provide for variety and interest in terms of enhancing large and / or plain walls. As evidenced on the floor plan and elevations, the building would have a bump out (vertical reveal) of one (1) foot, at the center of the building to break up the wall expanse. All wall colors would be varying shades of beige. For all intents and purposes, the beiges are described as dark beige, beige, and light beige. The main wall color would be beige (Sherwin Williams "Kilim Beige"- SW# 6~.06). The secondary wall color would be dark beige (Sherwin Williams "Sand Trap" - SW# 6066). The parapets and accents would be light beige (Sherwin Williams"Divine White"- SW# 6:t05). The decorative towers would be blue-green (Patina Green) standing seam metal roof. All building colors and accent features have been reviewed and endorsed by staff. The elevations (sheet A5.0) show that wall signs would be placed on the front (west) and side (south) building facades. The sign data chart indicates that the west side sign would be :t36 square feet in area. 1;t also indicates that the south side sign would be :t62 square feet for a total of 298 square feet. However, according to Chapter 21, Article 1;V, Section 5.C, the cumulative area of all wall signage cannot exceed one times the length of the building fa~;ade. As proposed, Staff Report - Safe & Secure (NWSP 03-001 ) Memorandum No PZ 03-218 Page 6 the wall signage area exceeds the maximum allowable by Code by 86 square feet. Furthermore, no letter colors are proposed. The colored rendering shows that the color of the letters for the sign appears to match the metal roof (cyan). Staff recommends that the wall signs' letters match the color of the metal roof (see Exhibit "C" - Conditions of Approval). According to the site plan (sheet A5.0), a freestanding monument sign is proposed at the northwest corner of Parcel "A". This structure needs to be shown on the landscape plan. The monument sign elevation shows that the structure would be eight (8) feet in width by nine (9) feet - six (6) inches in height. Since the detail does not indicate the letter colors, staff recommends that the color of the letters on the monument sign match the color of the letters of the wall sign(s) (see Exhibit "C" - Conditions of Approval). Also, in keeping with previously approved projects, staff recommends that the height of the sign be reduced to eight (8) feet in height and that the site address be placed on the top of the sign rather than the bottom of the sign. As required by code, the base of the sign shall be enhanced with colorful groundcover plants and a minimum of two (2) shrubs (see Exhibit "C" - Conditions of Approval). 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. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Safe & Secure Self Storage\Staff Report.doc Location Map SAFE AND SECURE EXHIBIT "A" PU REC 44)0 PU 400 Feet ii Ii I ~) ~ ll;li!,-t :! ! ii.II! I I I ~ ~ !!I I 1 I i"jl EXHIBIT "B" EXHIBIT 'B" EXHIBIT "B" EXHIBIT f'Bi i IIIIII I 'll,J'~ll~l ill EXHIBIT "B" EXHIBIT "B" J.~J ,, ) Z J .... , ,~,~"~ I~1 I-/ - .- ' ~1~ ,~ ', J ~ ~ ~ , , · I "~ ~,- - ': , ' / ~ I ~ ~ ' I ' ~- . ~_ ~. ___ ,_, i ' J~ J , ,~ .~ I . / ,, .r. Iii~' ~'.~ ~ ~., ~, ~ .. ., , . ,t!,,..'~°, ;~ ~1 ~ , ~ ............ ~,, . O~J. ;- -~ .~ ......... SAFE & ~ECURE EXHIBIT "B" I! ; ~- J ,h' '1 -- - """":: _._!l ,ii .al ii ~'i!iil' iJi :''''~':''''~' "'"" · ~41,, !,¢ J,l,J,,J,~.JJt ,, "d ',q d~- ti. t ~.lt iJ.l .~.l,~,.j.~.. ~ t""~m'"" Ill h I Ii iii! jl l,! j ,ji l!"i ~i! i~!~1 ll~ Bi . ~'l i "l j/ · ' EXHIBIT "B" I ! I,s ~ ill J. ' ii i I tP. ill Js is.slj jl EXHIBIT "B" ;°= a-~ ;a "; Eg~ SAFE & SECURE EXHIBIT "B" 3OTII AVE. EXHIBIT "B" ~ ~ ~ [ I ~ ................ SAFE & SECURE EXHBIT "C" Conditions of Approval Project name: Safe & Secure Self Storage File number: NWSP 03-001 Reference: 2na review plans identified as a New Site Plan with a September 15, 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 handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS - Traffic Comments: 2. It is staff's preference that the grassed area located in Southwest 30t~ Avenue X (east of the curbed divider) be removed, the area paved and striped for left turn lane into the site. Show roadway improvements for S.W. 30th Avenue, including signing and striping. All oak trees on the east edge need to be a minimum often (10) feet off the property line so that they can be maintained in the future. UTILITIES Comments: 3. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). 5. The CODE, Section 26-34.E requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department 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. ENGINEERING DIVISION Comments: 6. Permits from the LWDD, SFWMD and Palm Beach County Health X COA 09/22/03 2 DEPARTMENTS INCLUDE REJECT Department will be required at the time of City of Boynton Beach permitting. 7. An Excavation/Fill permit will be required if fill is imported or exported from X the site. 8. Full drainage plans, which include drainage calculations in accordance with X the LDR, Chapter 6, Article IV, Section 5 is required at the time of permitting. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 9. 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 (W!nd Loads) of the 2001 FBC. 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. 10. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction 12. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit_ shall be submitted at the time of permit application, F.S. 373.216. 13. If capital facility fees (water and sewer) have been paid in advance to the City X of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: i. The full name of the project as it appears on the Development Order and the Commission-approved site plan. ii. If the project is a multi-family project, the building number(s) must be provided. The building numbers must be the same as noted on the Commission-approved site plans. COA 09/22/03 3 DEPARTMENTS INCLUDE REJECT iii. The number of dwelling units in each building. iv. The number of bedrooms in each dwelling unit. v. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). 14. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: vi. A legal description of the land. vii. The full name of the project as it appears on the Development Order and the Commission-approved site plan. viii. If the project is a multi-family project, the building numbers(s) must be provided. The building numbers must be the same as noted on the Commission-approved site plans. ix. The number of dwelling units in each building. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 15. Per Chapter 23, Article II, (A)(1)(a) - No spot readings for the parking lot X shall be below V2 foot-candle. Check plans for compliance. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 16. Any future development on Parcel "B" will have to comply with the required X setbacks of the M-] zoning district, outlined in Chapter 2, Section 8.A.6. 17. An ingress / egress easement between Parcel "A" and Parcel "B" must be X recorded prior to the issuance of a building permit on Parcel "A" since it appears that the lot will be subdivided into two (2) separate lots. No replat would be necessary. 18. If / when Parcel "B" is developed, the integrity of the "temporary turn- X around" area shall be preserved. However, any changes to the "turn-around" area would be reviewed and approved by staff. COA 09/22/03 4 DEPARTMENTS INCLUDE REJECT 19. The height (mid-point) of the decorative towers must be reduced by three (3) X inches in order to comply with the maximum height of 45 feet in the M-1 zoning district. 20. The Palm Beach County Traffic Division has approved the project for 93,300 X square feet of mini-warehouse. The site plan proposes a 95,588 square foot building. Although minor in nature, a revised impact statement with the matching building area would be required and must be approved by the Traffic Division prior to the issuance of a building permit. 21. The use of the self-storage facility shall be limited to Chapter 2, Section O. 1 .c X of the Land Development Regulations. The storage bays shall not be used to manufacture, fabricate or process service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site (Chapter 2, Section O. 1.c.). 22. No vehicle or boat maintenance, or repair shall be permitted on-site (Chapter X 2, Section O. 1 .). 23. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 24. All project signage is subject to review and approval of the Planning & X Development Board and City Commission. The cumulative area of all wall signage must comply with Chapter 21, Article 4, Section C. In addition, on the elevations, indicate the sign type, material, and letter colors. The colored rendering shows that letter colors appear to match the roof color (cyan). Staff recommends the same. 25. The base of the sign shall be enhanced with colorful groundcover plants and a X minimum of two (2) shrubs. Staff recommends reducing the height of the proposed freestanding monument sign from nine (9) feet - six (6) inches to eight (8) feet. Also, clearly identify proposed sign area and show the site address at the top of the monument sign (Chapter 21, Article 4, Section 5.B.). Staff also recommends that the color of the monument sign's letters match the letter color of the wall signs. 26. Staff recommends substituting the two (2) Gumbo Limbo trees proposed west X of the building (along Congress Avenue) with two (2) Live Oak trees. 27. Staff recommends planting additional clusters of palm trees (single or double X trunked and at least 12 feet in height) within the landscape strips along the north, south, and west sides of the building in order to break up the great wall expanse. 28. Staff recommends planting a row of colorful groundcover plants (outside of X the proposed Redtip Cocoplum hedge) within the landscape strip adjacent to COA 09/22/03 5 DEPARTMENTS INCLUDE REJECT Congress Avenue. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 29. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 30. To be determined. ELJ S:\Planning\Shared\Wp\Projects\Safe & Secure Self Storage\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Safe and Secure Limited Access Self Storage APPLICANT'S AGENT: Mr. Bradley Miller, AICP - Miller Land Planning Consultants, Incorporated APPLICANT'S ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 7, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a three (3)-story, 95,588 square foot building on a 1.70-acre parcel in an M-1 zoning district. LOCATION OF PROPERTY: Northeast corner of Congress Avenue and Southwest 30th 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\Safe & Secure Self Storage\DO.doc City Clerk V.-CONSENT AGENDA ITEM D.5. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORivl Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Cit~ Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19,2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 NATURE OF AGENDA ITEM September 2, 2003 (Noon) [] November 18, 2003 [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code compliance/Legal Settlements November 3, 2003 (Noon } [] Legal [] New Business 7~ ~ Presentation Public Hea~g U~shed Business RECOMMENDATION: Please place this request on the October 7, 2003 City Commission Agenda under Consent Agenda. The Plaxming and Development Board with a unanimous vote, recommended that the subject request be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-215. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Interstate Sign Crafters (NWSP 03-014) Mike Sipula, JMS Designs Inc. Jeffrey Petersen Lots 13 & 14 High Ridge Commerce Park (130 Commerce Road) Request for new site plan approval for a 17,384 square foot warehouse building on a 2.53-acre parcel in a Planned Industrial Development (PID). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~_~ N/A D eve lopr~nt~l~ ep tr~'~nt l~ir'~t~ Planning ahd Zoning l~ctor / City M~na~er's Signature City Attorney / Finance / Human Resources S :XPlanningXSHARED\WPXPROJECTSXlnterstate SigncraRersXNWSP 03-014XAgenda Item Requestlnterstate Siogn Crafaters NWSP 034314 10-7-03.dot S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC TO: TH RU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03- 215 STAFF REPORT Chairman and Members Planning and Development Board and City Commission Michael Rumpf '~'\~-~" Planning and Zoning Director Ed Breese ~ Principal Planner September 10, 2003 Interstate Sign Crafters / NWSP 03 - 014 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRIP'I'~ON Interstate Sign Crafters ,jeffrey Petersen of Interstate Sign Crafters Michael E. Sipula, .]MS Design, Inc. 130 Commerce Road (see Exhibit "A"- Location Map) Industrial (I) / Planned Industrial District (PTD) No change proposed Request site plan approval for a one-story, 17,384 square foot warehouse on a 2.533-acre lot in the High Ridge Commerce Center Planned Industrial District. 110,341 square feet (2.533 acres) Right-of-way for Commerce Road, then farther north is Atlas Party Rental and Harrison Import/Exportwith an Industrial (I) land use designation, zoned Planned Industrial District (PID); Sermatech Power Solutions with an Industrial (I) land use designation, zoned Ught Industrial (M-l); Multi-tenant Flex/Warehouse space with an Industrial (I) land use designation, zoned Planned Industrial District (PID), then farther east is the S.A.L. Railroad and Staff Report - Interstate Sign Crafters (NWSP 03o014) Memorandum No PZ 03-215 Page 2 West: Project size: Site Characteristic: Proposal: Concurrency: Traffic: Drainage: School: Driveways: Parking Facility: Interstate 95; A business named SEMSCO with an Industrial (I) land use designation, zoned Planned Industrial District (PID). The proposed 17,384 square foot warehouse building is the third phase in the development of this 2.533-acre site. Phases one and two total 22,492 square feet. The subject parcel is comprised of Lots 13 & 14 within the High Ridge Commerce Center, located on the south side of Commerce Road, east of High Ridge Road. According to the survey, Lot 14 contains the Phase one and two warehouse building and the associated parking and landscaping. Lot 13, according to the Landscape Plan, contains three Slash Pine trees and a number of exotic plant materials, including Brazilian Pepper trees. The survey shows that the highest elevation is 21.5 feet above sea level, located near the northeast corner of the site. BACKGROUND Mr. Michael Sipula, of ]MS Design, ]:nc., proposes to construct a :[7,384 square foot warehouse for ]:nterstate Sign Crafters. The developer proposes to create four bays within the building for warehousing/manufacturing and limited accessory office space. This would be the third, and final phase for build-out of the site. ANALYS]:~ A traffic impact statement for this project was submitted by the applicant and sent to the Palm Beach County Traffic Division for their review and approval. The County, in a letter dated September 4, 2003, determined the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit"C" - Conditions of Approval). The Civil Plans indicate use of swale areas along the east and west sides and at the rear (south end) of the property. 'This project is exempt from the school concurrency requirements of Palm Beach County. The subject property fronts on Commerce Road. Proposed on-site circulation consists of a 32 foot wide driveway on Commerce Road at the center of the site. Parking required for warehouse/manufacturing is based on either one (:[) parking space per 500 square feet of gross floor area or, in the High Ridge Commerce Center PID, a factor of :[.5 parking spaces per 2 employees. When Phases I & 2 Staff Report - Interstate Sign Crafters (NWSP 03-014) Memorandum No PZ 03-215 Page 3 _ Landscaping: Building and Site: Design: were approved in 1998, the second methodology was utilized. Based upon a maximum of 30 employees on a shift, 23 parking spaces were required and 26 provided. With the Phase 3 submittal, 6 of those 26 parking spaces will be relocated and merged into the new unified site plan for all three phases. The site plan indicates the provision of 35 parking spaces for Phase 3, based upon I space per 500 square feet of warehouse/manufacturing and 6 additional parking spaces to replace those lost in the merger of the two parcels into a unified site plan. When added to the 20 remaining spaces from the previous approval, the total is 6:~ parking spaces, one more than required by code. The dimensions of all of the newly created 90 degree parking spaces would be nine (9) feet - six (6) inches in width by 18 feet - six (6) inches in length. The handicap spaces would be dimensioned 12 feet in width (with 5 feet of striping) by :[8 feet - six (6) inches in length. The site plan also depicts four (4) new 12 foot by 35 foot loading zone spaces. The proposed pervious or "green" area of the lot would be 30,885 square feet or 27.99% of the total site. The landscape plan tabular data (Sheet L-t) indicates that 23 trees and 660 shrubs are being provided, in addition to the landscaping previously provided in Phases :t 8, 2. There is also a 25 foot landscape buffer at the rear (south) property line which will be sodded and irrigated and planted with Mahogany trees to match the buffer on adjacent properties. The three existing Slash Pine trees on the site are proposed to be mitigated through the installation of (2) Live Oak and (5) Mahogany trees. The landscape plan indicates the use of two (2) 'ribouchina trees as the signature trees required by code. The applicant has also agreed to terrace the plantings between the existing parking lot and the street to closely match that proposed for the new construction, through the use of :Indian Hawthorn and :[xora Nora Grant shrubs. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-stow warehouse building would be 22 feet- eight (8) inches in height to the top of the parapet wall. The maximum allowed height in the P]~D zoning district is 45 feet. The floor plan (Sheet A -t) shows that the Phase 3 building footprint would be 17,384 square feet and divided into four (4) bays. Sheet A-2 provides an illustration of the building facades, with CBS walls, stucco finish and score lines, standing seam metal roofs over the bay doors, and gabled standing seam metal roofs supported by decorative piers at the bay entrances. The applicant has also agreed to make some subtle fa~;ade improvements to the east elevation of the previously constructed Phase z 8, 2 building (facing inward towards the new building). These improvements are depicted on Sheet A-3 and include standing seam metal roofs over the roll-up doors, supported by decorative piers designed and painted to match the improvements on the new building. The existing roll-up doors will also be painted to match those of the new construction. The elevation drawings (Sheet A-2) show that the building would be designed as a typical industrial building within the park with the fa(;ade improvements discussed above. The body of the building would be stucco and painted a tan color (HAB Paints - "Oat Cakes" 5080P). The base of the building, below a stucco band, is Staff Report- Interstate Sign Crafters (NWSP 03-014) MemorancJm No PZ 03-215 Page 4 Signage: proposed to be painted a slightly darker tan color (MAB Paints -"River Rock" 5028P). The stucco band, the area bebNeen score lines near the top of the wall and the metal parapet cap are all proposed to be painted white (MAB Paints - "Camelia" 5889P). The standing seam metal roofs, roll-up doors and address numbers are all proposed to be painted verdi green (MAB Paints -"Pine Castle" 5741D). The signage, according to Sheet A-2, will be I foot- 6 inch channel letters, "Pine Castle" verdi green in color to match the storefront roofs and roll-up doors, and placed within the white stucco score lines above each storefront entry. The applicant proposes four (4) tenant signs totaling :tS square feet each, meeting the City sign code requirement of 60 square feet for the building. RECOMMENDA'I"~ON: The Technical Review Committee CrRC) 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 conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. Location Map INTERSTATE SIGNCRAFTERS EXHIBIT "A" NIC ~' ....... COMMERCE RD ....................... ~-- M RE,, EXHIBIT "B" INTERSTATE SIGN CRAFTERS, INC. :;i? ~,Jl~ DI//~I~__=N INI~, LO~ 13 ~ Id, B~CK ~, CEDA~ RIDGE, A P.U.D. : ~i'. COMMERCE ROAD MINER ROAO PORTION Of TRACT S-1 REMAINDER 0 TRACT ACREAGE (U N p LATT ED) Jill I'lJl "iliI' I I I i I jl!i EXHIBIT "B" i II il ,ii ~ ;!t i!-~ ii~i iili~i !l!! I il !1:, i' i:llii, i;i~, l,:~,i.i!! F N~ ~m~t C~ PAaK EXHIBIT "B" INTERSTATE SIGN CRAFTERS, ,.ICON DESIGN GROU ~,RCHITECTS & ENGINEERS EXHIBIT "B" :,--T~-RST^T~ S~G, CR^~RS. :.,[CON DESIGN GROU ~RCHITECTS & ENGINEERS PLanNING ENGINI~RS IBIT "B" EXHIBIT "B" CO~.RCE -~ ~* :- INTEP~TATE $IQN CRAFTEP~, INC. ~ LOT~ ~B & ~, B~OCK ~, CEDA~ ~IDGE, A P.U.D. ~_~. EXHIBIT "B" LOTS i3 ~: 14, BLOCK 2, CEDAR RIDGE, A I !~!J' ARCHITECTS & CONSULTANTS P.U.D. ~ HIGH RIDGE COMMERCE PARK, A P.I. D ~ ~5 EXHIBIT "B" INTERSTATE SIGN CRAFTERS, INC. ~:~,., ~-A IJMS OESlG;N lINC ............... AT HIGH RIDGE COMMERCE PARK ~ ~i ., ~.~ M,e~,, ~,~ ~a~. ~.,*~ LOTS 13 & 14, BLOCK 2, CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE P.¢RK, A P.I,D. i ~ EXHIBIT "B" INTERSTATE SIGN CRAFTERS, INC. AT HIGH R~GE COM~RCE P~K LOTS lg · 14, SLOCK Z, CED~ RIDGE, A P.U.D. ~ HIGH RIDGE COMMERCE PARK, A P.I.D. ~ ~ ARCHITECTS & CONSULTANTS EXHIBIT "C" Conditions of Approval Project name: Interstate Sign Crafters File number: NWSP 03-014 Reference: 2"a review plans identified as a New Site Plan with a September 9, 2003 Planning & Zoning 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 handling of refuse. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 2. Palm Beach County Health Department permits will be required for the water X system serving this project, primarily the fire sprinkler system feed line (CODE, Section 26-12). 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department 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. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 5. An Excavation/Fill permit will be required if on-site fill is removed. X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 6. Full drainage plans, including certified drainage calculations, in accordance X with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 7. Indicate how many lifts the asphalt will be placed in on the Roadway/Parking X Area Typical Section. BUILDING DIVISION Comments: 8. 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 FBC. 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. 9. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 10. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 11. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 12. If capital facility fees (water and sewer) have been paid in advance to the City X of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) PARKS AND RECREATION Comments: None - X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X I I DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WPLPROJECTS\Interstate Signcrafters\NWSP 03-Ol4\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc PROJECT NA~',~E ' APPLICANT'S AGENT: APPLICANT'S ADDRESS: TYPE OF RELIEF SOUGHT: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Interstate Sign Crafters Michael E. Sipula 211 South Federal Highway, Suite 11, Boynton Beach, FI 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 7, 2003 Request new site plan approval for the construction of a one-story, 17,384 square foot warehouse on Lot 13, a 2.533-acre lot in the High Ridge Commerce Center Planned Industrial Development. LOCATION OF PROPERTY: 130 Commerce Road (Lot 13) SEE EXHIBIT "B" ATTACHED HERETO. DRAWING(S): × THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby · GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk V.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FO vl Requested City Commission Date Final Form Must be Turned Meeting Dates in to CRV Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: November 3, 2003 (Noon Recommend approval of a resolution reducing the Letter of Credit for Melear Subdivision (Building Permit No. 00-4237) from $ 100,000.00 (One Hundred Thousand Dollars) to $5,000.00 (Five Thousand Dollars). EXPLANATION: Attached please fred correspondence from Continental Homes of Florida requesting a 90% (Ninety Percent) reduction in the Letter of Credit and a copy of the Letter of Credit (No. 3020336) from the Bank of America. Littoral and upland plantings have been completed and approved by the City Forester. Contemporaneously with release, the Developer shall provide a surety in the amount of $5,000.00 (Five Thousand Dollars) by an amended or replacement letter of credit or by cash bond to the City of Boynton Beach for the one year warranty period. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ] ' / )e,~y~t. L~ivergo~d,)P.E. Public Works/Engineering Department Name · ' /'}' 'city MasSager s Signature City Attorney / Finance / Human Resources S:',BULLETINNFORMSLAGENDA ITEM REQUEST FORM.DOC May 21, 2003 Laurinda Logan, P.E Senior Engineer City of Boynton Beach 100 Boynton Beach Blvd. Boynton Beach, Florida 33425 Reference: Request for Reduction of Surety Melear PUD Subdivision Landscaping/Restoration Permit no. 00-4237 Dear Laurinde, This letter is to request a reduction of the remaining $100,000 bond (letter of credit No. 3020336 from the Bank of America) to the 10% level for the I year warranty period.. Please feel free to contact me should you have any other questions. Tod Batson Land Development Manager (954) 428-4854 ext. 136 II92 l~.(L~t N(.,wp~Jd C(:nt(:rDri,,(; l $~*ite.. 150 I DcerJ~eld Beach)l-'lorida tel. 9~4,428 4f~q4 I lux. 9~4 428,7'191 I DATE: DECEMBER 26, 2002 AMENDMENT TO IRREVOCABLE STANDBY CREDIT N-u94BER: 3020336 AMENDMENT NUMBER 3 PAGE: I BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD, SUITE 100 ARLINGTON, TX 76006 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT Ab-D MUST BE ATTACHED THER2TO. ThE A~OVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: THE AMOUNT OF THIS CREDIT HAS BEEN DECREASED BY USD 260,307.50 THE AC~REGATE AMOUNT OF THE CREDIT IS NOW USD 100,000.00 T~IS AMENDMENT IS CONSIDERED OPERATIVE AS PER YOUR RESOAUTION NO. R02-189 DATED NOVEMBER 6, 2002. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAV~ ANY QUESTIONS REGARDING THiS AM]ZlN'DMENT, PLEASE CALL 213-345-0088. AUTHORIZED SIC-NATURE AUTHORIZED SIGNATURE NUN?AWANGERHARD THIS DOCUMENT CONSISTS OF 1 PAGE (S). H~N~ ORIGINAL I I II I 100 F- I~DYNTON B~ACH BLVD CE RTZ FI CATT 0 N I, 3ANET M. PRAZNITO, CMC~ CTrY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Resolution No. R02-189, consisting of 2 pages, is a true and correct copy as it appeam in the records of the City of Boynton Beach, Florida. W/TNE$S, my hand and the corporate seal of the CZTY OF BOYNTON BEACH, FLOR/DA~ dated this 6th day of December 2002, PRAINI'rO~ CMC "~CZTY CLERK December 6, 2002 S:\CC~W~c~m\carUtlcat~on of R02-169.doc I~SOLIJ'rION NO. R02o [ ~ A RESOLUTION OF THE CITY COMMISSION OF ~ CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE LETTER OF CREDIT. ISSUED BY BANK OF AMBRICA (NO. 3020336) FOR. THE MELEA/{ SUBDIVISION (CO~AL HOIVI~S) FROM $360,307.$0 TO $100,000.00~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the d~veloper of this parcel, previously submitt~ a Letter of Credit in the amotmt of $360,307.I0 as surety for l~dscapin~ work for the Melear Subdivision i(Continental Hom~s); md WHEREAS, the amount being reduce' is 70% of the original surety, md shah £~ain in place until thc l/t~n~l and upland plant/n~ ~'e complete~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ~ CITY OF BOYNTON BEACH, ]FLORIDA, THAT: ~ Thc foregoing "Whereas" clauses are hereby ratific~l and confi~ed u bc/n$ true and correct and ~'e her=by made a specific part of this Rcsolufion upon ~io~ hereof. ~ The City Commiuion of thc City of Boynton Be~ch, Flor/da, based ·pon the rccommcndation of staff, hereby approves a reduX/on of a Letter of Credit ! issued by B~k of Amedca .(No. 3020335) for the Mele, ar Subd/vi$ion (Continental Homes) from $350,307.50 to $100,000.00. That ti"tis Resolution shall, become effective inunediately upon Ma'~,2/. z903 3'25PM u,~. dorcan inc. South Fior,,sa No.~566 P. ,5 PASSED AND ADOFTED tkis ~ day o£Nove~bcr, 2002. Comm/~on~r Comm/~ion~r %TTEST: IACAkRJ~O~m~,s of ~um/nn o£3m-e~ · Meieat - ~ Homea.do~ V.-CONSENT AGENDA TEf4 G. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested CiPs' Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be 'Fumed in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve the plat of Canterbury at Quantum Village, subject to the approval of the city engineer. EXPLANATION: Canterbury at Quantum Village is a 155 unit, fee simple, townhome development located along both sides of High Ridge Road at the north end of the Quantum development (see location map). PROGRAM IMPACT: NA FISCAL IMPACT: NA ALTERNATIVES: Approve the plat with conditions. · / ~D eeo~tnent..,iqea~, s Signature Public Works/Engineering Division /" ~ / ' i~ - v Cit~ Manager'sSignature Department Name City Attorney / Finance / Human Resources S:~BULLETINXFORMS'~AGENDA ITEM REQUEST FORM.DOC L~ HIGH RIDGE ROAD Sf 1 1 [1Fi LOCATION M AP NOT TO SCALE V.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACi AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: c~ :.,~i,.~. Motion to approve reduction of surety covering the water and sewer systems for the project kn6i~n as Melear P.U.D. (aka Borgata & San Savino), reducing the existing surety requirement of $661,113.20 downward to the new value of $33,056. EXPLANATION: The developer of this project had previously posted a letter of credit with the City to guarantee satisfactory completion of the on-site water and sewer systems serving the project. Those systems have now been substantially completed, and all documentation has been provided. The revised surety requirement may be satisfied by either amending the existing letter of credit from Bank of America, or furnishing a cash surety for the new amount (in which case the existing letter of credit may be returned to the developer). PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for periodic reductions in surety requirements, and the retention of 5% during a 1-year warranty period. Department Head'q Signature UTILITIES Department Name M nageT Signatur City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. " File " SSBULLETIN~ORMS'C~GENDA ITEM REQUEST FORM.DOC Bank of America DATE: OCTOBER 25, 1999 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3704313 PAGE: 1 BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD. SUITE 100 ARLINGTON, TX 76006 AMOUNT USD 661,113.20 SIX HUNDRED SIXTY ONE THOUSAND ONE HUNDRED THIRTEEN AND 20/100'S US DOLLARS EXPIRATION OCTOBER 19, 2000 AT OUR COUNTERS GENTLEMEN: WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NO. 3704313 IN YOUR FAVOR FOR THE ACCOUNT OF D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI FOR AN AGGREGATE AMOUNT OF SIX HUNDRED SIXTY ONE THOUSAND ONE HUNDRED THIRTEEN AND 20/100 UNITED STATES DOLLARS ($661,113.20) AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT(S): 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED TO PAY FOR ' CONSTRUCTION OF WATER DISTRIBUTION + SANITARY SEWER IN ACCORDANCE WITH THE CITY' S LAND DEVELOPMENT CODE IN CONNECTION WITH THE PROPOSED SUBDIVISION KNOWN AS MELEAR PUD AND CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED"; 2. THE ORIGINAL LETTER OF CREDIT AND ANY SUBSEQUENT AMENDMENTS. IT IS A CONDITION OF THI~ LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL ONE YEAR PERIODS UNLESS WE NOTIFY YOU IN WRITING AT LEAST SIXTY (60) DAYS PRIOR TO THE CURRENT OR ANY FUTURE EXPIRATION DATE THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANY SUCH ADDITIONAL ONE YEAR PERIOD. NOTICE TO THE CITY THAT THE LETTER OF CREDIT WILL EXPIRE, PRIOR TO THE PERFORMANCE OF THE OBLIGATIONS GUARANTEED BY THIS LETTER OF CREDIT, SHALL BE DEEMED A DEFAULT AND SHALL ENTITLE CITY TO COLLECT ON THIS LETTER OF CREDIT BY PRESENTATION OF SIGHT DRAFT(S) AND A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "WE ARE IN RECEIPT OF YOUR NON-RENEWAL NOTICE FOR THIS LETTER OF CREDIT AND THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3704313 TO PAY FOR THE CONSTRUCTION WATER DISTRIBUTION + SANITARY SEWER IN ACCORDANCE WITH THE CITY'S LAND DEVELOPMENT CODE IN CONNECTION WITH THE PROPOSED SUBDIVISION KNOWN AS MELEAR PUD AND CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED." THE LETTER OF CREDIT IS IRREVOCABLE AND SHALL REMAIN ENFORCEABLE UNTIL RELEASED BY A RESOLUTION ADOPTED BY THE CITY COMMISSION OR THE CURRENT OR ANY FUTURE EXPIRY DATE, WHICHEVER IS EARLIER. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. ORIGINAL Recycled Paper Bank of America PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT ~ER: 3704313 EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 AND IN THE EVENT OF ANY CONFLICT IS TO BE INTERPRETED BY FLORIDA LAW. LITIGATION HEREUNDER, IF NECESSARY. SHALL BE IN A COURT OF COMPETENT JURISDICTION IN PA3.~ BEACH COUNTY, FLORIDA. WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED WITH DOCUMENT(S) AS SPECIFIED AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR LOS ANGELES, CALIFORNIA 90017, ATTENTION LETTER OF CREDIT DEPT., ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY AUTOMATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. DRAFT(S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERRENCE OUR LETTER OF CREDIT NUMBER. IF YOU REQUIRE ANY ASSISTANCE OR HAVE A.NY QUESTIONS REGARDING THIS TRANSACTIOn, PLEASE CALL 213-345-6632. // AUTH'~IZED-°'~A''~.,.- ~-~ -,,.--. ...... ~i,/4,&i ~ ;.~/,-.~ ~ &,~'E~ ...... ~ THIS~DOCUMENT CONSISTS OF 2 PAGE(S). Mia Oonzdlez ORIGINAL Bank of America DATE: NOVEMBER 23, 1999 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: 3704313 AMENDMENT NUMBER 1 PAGE: 1 BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD. SUITE 100 ARLINGTON, TX 76006 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: 1. PAGE 1, PARAGRAPH 5, LINE 3, WHERE IT READS AS: "... UNLESS WE NOTIFY YOU IN WRITING AT LEAST SIXTY (60) DAYS..." IS NOW DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: "... ~SS WE NOTIFY YOU IN WRITING AT LEAST NINETY (90) DAYS..." 2. PAGE 2, PARAGRAPH 2, WHERE IT READS AS: "WE HEREBY ENGAGE WITH YOU...LETTER OF CREDIT NUMBER." IS NOW DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING PARAGRAPH: "WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED WITH DOCUMENT(S) AS SPECIFIED AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 333 SOUTH BEAUDRY AVENUE, 19T~ FLOOR, LOS ANGELES, CALIFORNIA 90017, ATTENTION LETTER OF CREDIT DEPT., OR TO OUR CORRESPONDENT LOCATED AT BANK OF AMERICA, N.A., LETTER OF CREDIT DEPT., 100 SE 2ND STREET, 13TH FLOOR, MIAMI, FLORIDA 33131, ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY AUTOMATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. DRAFT(S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERENCE OUR LETTER OF CREDIT NUMBER." ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 213-345-6627. AUTHORIZED SIGNATURE D1T'L'BREA~s~ DOCUMENT CONSISTS OF I PAGE(S). ORIGINAL V.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) [] October 7, 2003 September 15, 2003 (Noon) [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 October 6, 2003 (Noon) [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code compliance/Legal Settlements October 20, 2003 (Noon) November 3, 2003 "~ Legal New Bmmess Presentation Public He~g U~shed B~mess RECOMMENDATION: Authorize the City Manager, City Attorney and Finance Director to take the necessary steps to have an Actuarial Impact Study performed on the cost of offering an Early Retirement Program to eligible city employees EXPLANATION: The City Manager had a request from the Police Pension Board to consider another Early Retirement Program similar to the one offered to eligible city employees in 1999. Diane Reese, Finance Director has estimated the salary cost savings to the city if an Early Retirement Program were offered to employees who met the following criteria · Employed with the City for a minimum of 15 years · Employee would be within 3 years of normal or early retirement at March 31, 2004 Based on the above criteria it is estimated that the number of eligible employees would be as follows: · Police 19 · Fire 17 · General Employees 47 PROGRAM IMPACT: The proposed 2003/2004 Early Retirement Program is as follows: · Eligible employees would have 3 years added to their age or years of service · The City would continue to pay the employee's single coverage health insurance for 3 years · The employees accrued sick and vacation would be paid out over a 3 year period Employees who qualify would have from April 1, 2004 thru September 30, 2004 to retire. The six month window is being offered to lessen the impact on departments who would have several employees eligible to participate in the program. Department heads would have the final authority on the date an employee elects to retire. This will also lessen the impact on aoy one department. FISCAL IMPACT: The estimated savings to the City for the years one thru three are as follows: · Police $169,572 · Fire $119,421 · General Employees $210,097 Total $499,090 The savings is based on filling all positions that will become vacant due to the Early Retirement. If some positions are left vacant or deleted from the budget there would be a greater savings. Also during the first three years after the employee retires the City will be paying the health cost and the employees accumulated sick and vacation payout. After the third year the savings would go up by another $712,724. S:'~BULLETINV:ORMSLatGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not offer the Early Retirement Program Department Head's Signature Finance Deparmice* Name · _/ City M~Lna~[r;s Signature ~mey / ~/~'~uman Resourc es S :~,B ULLETI~FORM SXAGENDA ITEM REQUEST FORM. DOC VTTI.-PUBLIC HEARZNG ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Tumed in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heanng [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please maintain this request on the October 7, 2003 City Commission AgendaC2~der~< Public Heating for postponement to the November 5th Commission meeting. The Planning and Development Boa~l~ecei~e~ a request fi.om the applicant to postpone this review until October 28, 2003. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: L. A. Fitness (ABAN 03-010) Derek Vander Ploeg, Vander Ploeg & Associates, Inc. RM Bo)rnton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~'~ _p N/A D eve lo~nt~D el~t~n~e nt DireXetor Planning and Z0-ni~rector City Manager?ignatur: City Attorney / Finance / Human Resources S :Wlanning~SHARED\WPXPROJECTS\L.A. Fitness'uS, BAN 03-010kAgenda Item Request L.A. Fitness ABAN 03-010 10-07-03.dot S:LBULLETINWORMS',AGENDA ITEM REQUEST FORM.DOC VRNDER PLBEG Fax:56i7508£51 S~p 19 2t-. ""8 ~'~. URNDER PLOEG F'ax:56..?508C51 SBp lC~ 2DI)3 15:~4 P..~3 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORiv Requested City Commisston Meeting Dates I'~ August 5. 2003 [] August 19, 2003 · , September 2, 2003 September 16, 2003 Date Final Form Must be Turned ~n to CiW Clerk's Office July 14. 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested CiD. Commission Meeting Dates [ ~ October 7. 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Fumed m to City Clerk's Or'rice September 15. 2003 (Noon) October 6. 2003 t. Noon) October 20, 2003 tNoon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Discussion of Marina Development Agreement per developer's request for dissolution of the Second Revised Development Agreement. EXPLANATION: The developer of the Marina project has requested that the City Commission consider rescinding the Marina development agreement. The agreement is the "Third Revised Development Agreement" which provided a time 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 r. equest for release of the Agreement is contained in a letter fi.om legal counsel for the developer dated April 9, 2003. (Exhibit B) In addition, the City has received a letter fi'om legal counsel for Two George's Restaurant opposing the release of the Development Agreement at this time. (Exhibit C) The original development agreement, as amended called for 207 public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unrestricted parking spaces elsewhere on the Marina 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. (Exhibit D.) Per the latest site plan approved by the CRA/City Commission, the following parking is provided on the site plan: Regular on grade surface parking: 15 Handicapped on grade surface: 4 Regular Parking Spaces in Deck 725 Handicapped Parking in Deck 15 Townhouse Parking 22 781 Spaces Spaces Spaces (includes parking for condos and commercial uses) Spaces Spaces (not approved yet) Spaces In addition, there are 24 off 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:~BULLETINYFORMSV~GENDA 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 Ci~"s securW interest in the 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. * Refer the issue of ~arkin~, matters and property owner association matters to staff for further mediation b. etv,.een the C i~, CRA, developer and business interests. The staff has conducted one meeting of the parttc~pants on; lay' 13 . Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC OP,.DINANCE NO. 03-/'40 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, FIRE PROTECTION AN-D PREVENTION, ARTICLE III. FIRE AND LIFE SAFETY DIVISION OF THE CODE OF ORDINANCES, BY ,~MENDING SECTION 9-29, PROVIDING FOR DESIGNATION AND APPOINTMENT CRITERIA OF THE FIRE MARSHAL AND ASSISTANT FIRE MARSHAL; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.. WHEREAS, the F ire and Life Safety Division o fthe Fire Rescue Department the City Commission has determined that the current Code language regarding the and appointment criteria of the Fire Marshal and Assistant Fire Marshals has ~ecome outdated and no longer meets the needs of the Department; and WHEREAS, the City Commission has also determined that it is in the best of the citizens and residents of the City of Boynton Beach to amend the Code of lances to reflect the proper designations, and titles, and make the selection criteria flexible to assure the proper individuals, either within or outside the Fire Rescue ~artment, are eligible for appointment. NOW THEREFORE, BE IT ORDAINED BY' THE CITY COMMISSION }F TItE CITY OF BOYNTON BEACtt, FLORIDA, TItAT: Section I. The foregoing whereas clauses are tree and correct and are now . confum~ by the City Commission. Section 2. That Chapter 9, Fire Protection and Prevention, Article III, Fire and Life Sa. feW Division of the Code of Ordinances, Section 9-29, is hereby amended by adding th~ words and figures in underlined type and by deleting the words and figures in gh type, as follows: S:\CA\Ordinanc~heir~ - Chaptar 9Xfir~ marshall try.rtl Sec. 9-29. Establishment of Division: dcgi~:atic, n authority of Chief: designanon and tenure of Fire Marshal; appointment, t itle~ and tenure of inspectors. A Division of Fire and Life Safety within the Fire Rescue Department of the City of Boynton Beach, FL is hereby established which shall be operated under the supervision of the Chief of the Fire Rescue Department, herein known as the Chief. The Chief shall establish appointment criteria and des ate Fire R~.zc',:,e Dzp'.'.,"tmznt a person to serve as Fire Marshal, who shall hold this or'ce at ;he pleasure of the Chief. The Chief may detail such other members of the Fire Rescue Department as Inspectors, to be known as Assistant Fire Marshals, as necessary. The ,'hief shall establish appointment criteria and shall recommend to the city Manager the mployment of one or more F[r,e Pr:;.':nt;,cn Assistant FireMarshals,h~-spee-mr-s, who, when such authorization is made, shall be selected, via an ex~,~n:;,nation, for the position. The examination shall be open to members and ,nc, nm¢mSer: of the Fire Rescue Department, as well s to outside candidates, and appointments mr.a: l hall be for an indefinite term subject to the appropriate personnel policies of the City of oynton Beach. Section 6. FIRST READING this Iq Section 3..... Each and every other provision of Chapter 9. Fire Protection and Prevention not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach'in :onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion :hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. day of /qta~taa'T ., 2003. S :\CA\OrdinancesXFire - Chapter 9Xfire marshall rev.rtf SECOND, FINAL READING ,~ND PASSAGE this ~ day of 2003. CITY OF BOY'NTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk ;:\CA',OrdinancesXFir~ - Cha0t~r 9kfire m~h~ll rm,.rtf 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 ,J ~ly 1, 1997; and WHEREAS, the July 1, 1997, Development Agreemer~t was amended b~, 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 plfiasing of the project; and WHEREAS, the Developer has submitted 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 Version 10.0 6/6/00 This instrument prepared by: James A. Cherof, City Attorney Beach City of Boynton _ 100 East Boy~.ton ~each Blvd. Boynton Beach, FL 33435 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 redevelopment area for qualified projects; and NOW THEREFORE, 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 lO.O 6/6/00 Exhibit A - Previous Agreement). Exhibit B - Legal Description, Project (unchanged, See Exhibit A to Conditional Use Site Plan - dated 12.07.98 with revisions through Revision 6, dated 8/10100. Legal and Equitable Owners (unchanged, See Exhibit C to Exhibit C - Previous Agreement). Exhibit D - Agreement). Exhibit E - Previous Agreement). Exhibit F - Exhibit G - Exhibit H - Agreement). Public Facilities (unchanged, See Exhibit D to Previous Reservations and Dedications (unchanged, See Exhibit E to Intentionally left blank. Intentionally left blank. Conditions of Approval (unchanged, See Exhibit H to Previous Exhibit I - Exhibit J - Exhibit K - Intentionally left blank. Intentionally left blank. 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 s~all 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, Flodda, 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". o Version ! 0.0 6~6~00 EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. DURATION. The duration of this Agreement shall run until the eadier of: 4 (a) completion of all of the improvements depicted on the Site P!an; 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, 2074 of which must be open and unreserved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6~ 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 Augt~st 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 the Phase I 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 le~er 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) De-veioper 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 compieted 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 n atu re. 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 DEVELOP-ER 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 lO.O 6/6/00 Boulevard which it shall own subject to the right to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those Boulevard as depicted on the SITE PLAN by May 7, 2001. improvements to Casa Loma 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. by DEVELOPER or by a merchants' All improvements shall thereafter be maintained or property owners' association formed by DEVELOPER for the purpose of insuring continued maintenance of the improvements, or by a Cross-Easement 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 Ovedook Construction and Use Detail. The Ovedook 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 lO.O 6/6/00 costs of the Casa Loma Overtook ~mprovements, the CITY shall t:ill 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. The failure of this Agreement to specifically address a particular permit, Ce condition, complying term, or restriction shall not relieve the DEVELOPER of the necessity of with t~e law governing said permitting requirements, conditions, term or restriction, unless such necessity is negated by waiver by the CITY. 9 Version tO.O 6/6/OO 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 pursuant to Paragraph 17. G. 6. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is 14. consistent with the CiTY's Comprehensive Plan and amendment is necessary to effectuate this Agreement. 15. CONTROLLING REGULATIONS. The that no Comprehensive Plan 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 set forth in the building codes or relating to the method of any of the conditions construction. 16. A. CONDITIONS OF DEVELOPMENT. 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 lO.O 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. Apl3~oval of this Agreement shall constitute approval by the CITY Commission of the DEVELOPER'S application for economic incentives. 11 Version 10.0 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. Version 10.0 6/6/00 SEWER AND WATER IMPACT FEES AND CONNECTION EXPENSES MAXIMUM VALUE Retail Commercial Restaurant Marine Meters, Deposits and Connection Fees OFF-SITE WATER AND SEWER *8 inch water main in Casa Loma 'Wet taps for connection to existing *Water service to property line *8 inch gravity sewer in Casa Loma Blvd. *Service connections to property line 'ManhoLes 12 Sub.total $13,812 $53,781 $27,438 $7,175 $102,206 $16,148 $6,900 $8,625 $43,125 $34,500 $11,500 Sub-total $120,798 o o ON-SITE WATER AND SEWER 10-inch water main Fire Hydrants 8-inch water main 8-inch water main *24-inch gravity sewer *Manholes *Abandon existing sewer in place BUILDING FEES Sub.total $208,169 $13,800 $10,350 $3,519 $i3,350 $139,150 $23,000 $5,OOO $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. 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. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 Version 10.0 6~6~00 13 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: B. Transportation; and C. Acquisition of the necessary right-of-way, Approval of the extension by the Florida Department of Construction of the extension. The 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; Version 10.0 6~6~00 14 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 canr~ot 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. I. Incentives in the form of reimbursement to the DEVELOPER shall be paid to DEVELOPER when DEVELOPER submits a draw request t° CITY Manager indicating that the DEVELOPER has expended fund to complete the improvement which is the subject of the incentive. J. The d-'ollar 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 10.0 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 Agreement. 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 Ag~'eement. Version 10.0 6/6t00 16 18. RECORDING. Upon execution of tt~is revised Development Agreemem 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 DEVELOPER'S rights to proceed with the PROJECT. 19. Ao under this Agreement, and DUE DILIGENCE. 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 throughout 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 written 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 tO.O 6/6/O0 agreements, conditions and understandings between the parties hereto, and supersedes ail 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 material 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 wdting and transmitted by messenger, certified mail, or return receipt requested, or telegram, and shall be mailed or delivered as follows: AS TO THE CITY: Version 10.0 6/6/00 With a Copy-to: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezroi, P.A. 3099 East Commercial Blvd. Suite 200 18 AS TO DEVELOPER: Fort Lauderclaie, FL 33308 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 taw, be held in Palm Beach County, Florida. 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 binding 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 bring 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 ahd it shall become effective immediately upon execution by both parties 19 Version tO.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 modification of the SITE PLAN, subject to CITY approval. 30. SITE PLAN PACKAGE. 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 dghts 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 pedod reasonable under the circumstances then existing; and (iv) 2O Version 10.0 6/6/00 that this Agreement cannot be terminated, abandoned, modified or amen~:ec 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 default within the curative period referenced above. Version 10.0 6~6~00 ATTEST: -'- lerk "- . /.~ice Mayor *onaid Weiland - , ~:, ;~, ;\L\\',\\\\\'~ STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally Appeared Ronald Weiland, Vice t~Mayor of the City of Boynton Beach and ~ J"~ , the City Clerk known to me to be the persons described in and'who executed the foregoing instrument, who acknowledged before me that they executed the same, ~'~ are 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 thiso~l¢4~'' My Commission Expires: Appr°v~d/7~ ,~f4 F~-m 'City Att~yy ,2000. NOTARY PUBLIC 22 Version 10.0 6/6/00 Witnesses: OCEAN BREEZE FESTIVAL PARK, INC. STATE OF ~A ) ) COUNTY OF ,i;~AM-BEA'C~ ) i HEREBY. CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ¢_o~.,~0 (~0.¢..,~ known to me to be the person described in and who executed 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. day of Witness my hand and official seal in the County and State last aforesaid this ,2000. My Commission Expires: ~J:t~l~3~ '"": '~ "~ 23 Versiox~ 10.0 6/6/00 LEGAL DF_~CRIRTION: PARCE]. [: LOts 3? and 38 and Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Beach county, Rorida, i~-< 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. PARCEL 2: The East half of Loot 39 and the East half of LOt ~,2 in Dewey's $ubdtvislon, Plat Book 1, page 37 of the Public Rec=rds of Palm Beach County, Florida (Less the SOu~ 30 feet of said I. et 42 as shown in Deed Book 341, page 188) Together with the reversionary interest, if any, of mortgagor in the right-of- way of Ocean Avenu~ PARO~ 3: That plat of Secl~on Z7, Township 45 South, Range ~,3 ~ Palm Beach County, Rodda described as follows: Commence at the Southeast comer of lot 37, Dewey's Subdivision, ~ t= the plat thereof recorded In Plat Book 1 at page 37 of the Putdlc Recnrds of Palm Beach County, Rodda; thence N 7* la/10' E., ~long.ttm East line of said l.et 37 and along the West fight-of-way line of the Tge-ao3estal Watanvay~ 25.20 fe~ tn. a line 25.0 fae~ North of and parallel with the South Ilne of said IJ3t 37 and the Point of Beginning; hence ~ along said parallel Ilne, 33.85 feel= thence N. 5' 47' 36" F., 142.02 feet; thence N. 82" S. 45' 5'0' W., 30.0 feat to the said East line of Lot 37; thence S. 7' :t4' :tO' W., along said ;:=~' line, 1.46.24 feel: to the said Point of Beginning. Areas: ParceLs 1 8. 2 & 3 = 301,887 SCl., lt., 6.93 acres. Location: Northw~ tamer of Orange Avenue and Ocean Avenue ,t-. ti llTM !:~ii~ i~:~i: : FTJLL SET OF ~.~ns ~-~ ~,~ ~ DRAWINGS ON FILE WITH : ~ ~.~ :.~. .~ . CITY CLERK ::,'~ 'iii :. "' ; '":' "~iii: :": :.i.,- ,,..,,. iiH .... ~ ,~J: -.,.~ ~:..~,..l ~:,, i~ iii i ~,:~: ill:Ii ::lt,,:I~ Iii:::: ..... ', Ill LEGAL AND EO. U1TABLE OWNEP~ OCEAN BRr~-"/r: FEs'rI'VAL PARK, INC.., c/o The ES6 Companies 1120 Lasldn Road Virginia Beach, VA 23451-57.10 EXHIaZT PUBLIC FA~ The City will design and cons~cl: off-site water and sewer facilities s~zed to accommodate me proJect~ build-out capacity of b~e pn:~ecr. The Qb/will Install tmfflc and parldng cona'ol signs along, the Casa. I.oma right-of-way. SCHEDULE~ OF RESERVATIONS AND DI~ICAT~ON$ 1. Easement fi'om Ocean Breeze FestNal Park, Inc., to the City of Boynton Beach, dat~ct June 14, 1999, Addendum to Easement and Exhibit "A' (dated 3/1/99, Order #80-275 2. Easement from Ocean Breeze Festival Park, Inc.., to the C~ty of Boynton Beach, dated June 14, 1999, Addendum tn Easement and Exhibit"A" (dated 5/19/99, Order #80-275 3. Easement from Ocean Breeze Festival Park, Inc., tm the City of Boynton Beach, dated 3une 14, lggg, 'Addendum.tm Easement and Exhtbit"A' (dated 3/llgg, Order # 80-275"E') 4. Easement from Ocean Breeze Fegdval Park, Inc., tn the Oty of Boynmn Beach, dated November 4, 1999, Addendum to Easement and Exhibtt'A' (dated 11/3/99, Order #80-27S 'T') *Reservations and Dedications to be re:on:led segaral~. P.~MIi~I I 'M Conditions of Ao~rov~i oject name: Boynton Maria ,le number:. COUS 98-008 Reference: The ~t~ns c~nsist of sheets identified as 4th Review. New Site Plan. File ~ COUS DEPAR'rMENT~ INCLUDE I REJECT I PUBLIC WORKS Comments: 1. The dumpster (or vertical coml:actor) enclosures should be a minimum 10 feet by 10 feet internal dimensions. The gates for the containers should be mountad ~n the outside of the enclosures. The enclosures should be widened if the gates am to be mountedx -on the inside. Stem dowels should be installed to hold the gates open. The tTudc must be provided with a turning radius of 55 rem minimum. 2. Waste removal in connection with c~tructlea process must bex eel~Ced by City of Boynton Beach. Place note on dumpster detail to i.nd_~r'~m -_-_.,ne. U'rlLITIES :3. N! urines easements shall be shown on the m(:tifled lanclsc~ping drawings so that we may detmTnine which nes may immfm~ with - utilities. In genera, palm ~ee will be the cx~y tree spedee Sec. 7.5-16.1 givee puldk: ulBUee the authmtty to remove any ar pubac rlgtds~-way. T:-,,G.-G ..,.~-- sewer system ~ ~ ~ prelect. (Sec. 2B-12). Show 5. Flm flow c:al(:uladof~ will be mClulmd demomtratlng the City Code r~lmnt of 1500 g.p.m, as smad in LDR Cha~ 6, Art., Sec. X 16, or the requirement intlx~s~ by insurance undenwitem, whichev~ Is greetm'. (~-_-_ Se~= 26-16(a)). Flm flaw tests results _ Page 2 Boy'nton B~:h Marm File No.: COUS 98-008 I DEPARTMENTS INCLUDE REJECT I for the main on Ocean Avenue have 13een provided, 13ut fire flow calculations to the on-site hydrants have not. Please submit these calculations with your Health Department permit application and plans. 6. Provide proposed elevations, flow arrows, treatment facilities and an engineer's written certtflcation that drainage will conform to all rules of the City and the South Flodda Water Management District. x (LDR Chal3. 4. Sec: 71~ -- 7. Water and sewer lines to be owned anti operated by the City shall be inciucled within utillty easement~. PI, lilt show al existing ~1' proposed easements on the site ~ and drain~e plan. The · .water and sanitary sewer Iinol to bt situated ak~g the w~t side of the project will require a dear, unan~ e~ement cd 37 feet (12' for water, 2,ff for sanitary). Ail ~ shall be X dedicated via sepam~ insln,imant to the city al ~tat~ in ~ 2~- 3:3(a) of the Code. These easemer~ mu~t be dedlcal~ within 30 diameter gravity sewer. Provide relelution ~ aband~ of the existincj utility eas.menm no Imcjer needed. 8. The drainage plan Included In th~ mJbn'altal 1998, and i~ similar if not identical to thl one sulx~ted in December. It ha~ the same dmwbac~ al ~ mentioned; namely them i1' Insufficient space for the wat~, sewer and drainage Iine~ shown along the we~t side of thl ~ It also show~ x restaurant ~ in a different ~ from that shown on the site plan. Please re-submit a ~ sit cd 9. Appropriate biddlow I~eVentlm will bi 10. Building pam~ for ~1~ project shall not bi required to ~ e~=h cd those bu~linga, (See, 2B-15'). In improvements ~ which he i~ i~ ~ whklh wi not be x completed before the ftrst certifi~ cd occupm~. O. DR Chal~ under the direction cd ttm Cay m sl~ .in Exhiba "1" cd the 11. Note that the eddition cd 22~ a~ uni~ ~ ~ the x use of me s~ above wh.t w.s o,~ginaly .na=lme,a. -rl~ ct~ng. will result in an additlanai ~=atf=l faeilif~a Pate 3 Boynmn Beach Manna File No.: COU$ 98-008 DEPARTMENT~ ' i iNCLUDE I RF_JECT ~ for water aha sewer, if approv,. The clevelo~er i, therefore resoonsible for ~avment of this additional fee. 12. The 1S-foot utility and roadway easement west of the platted N.F_ 6m Street right-of-way, referenced in paragraph 9 of the 'First Amendment to Development Agreement' must now be dedicated to the City to allow maintenance of City utilitlee. 13. All infrastructure improvements necessmy, for this entire site must be completed before the first certtflcate of oa:ugancy ts issued, other than for doc~ and fuel purn~ consttu~ at~fleneotmly with related suppofl: Inftastruc~m including ac=cesa road~ water and sanitmy sewer, regardless of bonding ar other sume/. For tl~ "purpose, 'Infrastructure' shall be defined a~ ~ water, sanitary sewer, drainage, and a saa:~t paved aec~s road for service and emergentT 1oumosa~, FIRE .. Comments: 14. Emergency access along nor~ side of aparlmem building to the north dock ia not shown. A fire lane is requbed. BBCC 9-21. This comment shall be mad in conjun~ion with Paragtagl~ 17 Q.8 of the Revised Develo0ment ~mement. 15. Standpipe/sprinkler system fire degartment connection ia not shown for the agarltnent building. BBCC 9-8 16. Doer standl~il~e~ no ferem' alert than 200 feel BBCC 9-8' · POLICE Comments: None ENGINEERING DIVI~ON Comments: 17. All plans submieed for specific ~ shall rno~ the city~ code am net limited to the fcllawing: site ~ paving, drainage, · pem~ting agencie~ su~tl a~ FOOT, PBC, ~'WMO, DERM, LWDD, DEP and any off'tm, shall be irmtuded with your pmmit P~g~ 4 BoFnmn B~ch FiI~ No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT 18. Pay a fee in lieu of dedicaUon as set forth in Chapter 1, Section 5 x of the LDRs 19. Upon submittal of construction drawings for Casa I.~ma Blvd. and NE 6~' Street, the applicant shall provide a ruceflt detailed topographic, data, prepared by a land survey or rugistamd in tho State of Flodda, showing existing condltiom of the ama to the south of Casa ~ma Blvd. and the ama east of NE 6a Street. x Design drawings for these areas shall show in detail.how public access, including handicap access, is to bo provided to facilities of the adjacent properties, inchJdiflg prupceed tutainfl~ walls, mm~s, stalin, etc. 20. The City 'and the applicant shall johYdy partlcfpalo Boynton Beach Blvd. east from its currant point of tafmifl~ outlined in Revised Development Agmemant arid Indicated ~'l the approved plan. II.DR Chapter 4, Soctlofl 8,C., Chalet 6, Article III, Section 12., Chapter 6, Arlicte IV, Seclibfl 10., ~ 6, x Artlcte IV, Section 10.0, Chal:~ 6, Artlcte IV, Section 10.B., Chapter 2, Section 11.2.D.] Thla ccmaTmflt shall bo rend iff conjunction with Paragraph 17.G.8 of the Revised Development A reement, 21 Locate several handicap stai~ ~n the north side of Cana Loma Blvd. for accessible mutes to relnil and oltlce sl~ace anti apartment/retail to provide the sMrtut accessible route per the x Florida Accessibility 22. The applicant shall agree to Inc~x~ate in tho dock leasing pubUc pa ng dong Cna t.omn mvd..Nt e,. St. the of the pmrkin gmramm for melt patdn purpomem. in accordance w#b ibm OGP penniL 23. The al:)plicant shall agree to it'~ in tho Ioldrq using the public perking spuces along Cam I. onu Blvd., N~ Street the private roadway west of the msidoflt~ buiidiflg and the x me City w~th copies of mo p~ leasing agman'm~ds for rwiew and a~pmvaL 24. The reauimments of the Florida AccessibBt~ Codo slwll bo met for X Page 5 Boymor, Beach Manna File No.: COUS 98-008 any I)rol=osecl valet ~)a~in. 25. Show proposed turning movements on the Site Plan for access of x Cib/trash trucks to and from ail~ca__m..~_actors and duml~sters. 26. Unless supemeded by the Revised Development Agreement, provide the City with the ar)propdate documents to designate public access and recreational use easements for 'the proposed public park at the intracosstar water,Nay, the pedestrian pall'Mays x between and on the north side of the proposed retail buildings and for the courtyard area Iocatea ~.ast of the proposed malclentlal buildinc~, inctudincj a wai~ to '. "e north propM~ Ilns of the site. 27...Show proposed public facilities on the site plan and construction and use detail of proposed designs for the proposed Casa Loam review. Plans shall include proposed publie amerdlios such as x benches/seating, lrash mMptactes, bike racks,, ddnidng fountains, lighting, lanclscal=inc~, M~ " 28. It ar)pears that the proposed site storm drainage system will need to be revised to include the couflya~ area east of the proposed residential buikling and that this mviston will require approval of the OEP. The applicant shall give strong consid~on to the possibility of mlocaltng the storm drainage (xJtM~ to the basin located within the property, rather limn the basin at the south of me s~e. a~ p,rt of r, vi~ing me storm ~ perma. Th~ ~il x incree~e water qu~ilty within the ~ and would most Iikety be supported by DEF. If this revision is made it will dlrec~ aflfK= the installation of the seawll panels, mgm~ilng pipe penslration ttirough the seawall panels. Frmlde tempom~ paltdng on Site to parldng fire, those porlkxm of the project cc~npletad prk=r to compMon one/to indude:'~ ~ nmtdng~ ,gtWng ~YI dmn.g. ~. I=.egarcflng proposed con~mJC=lon of ~ Lonm Blvd., NE 6"' St/eet and the priv~l roadwly the epplic~nt MY~uld be awere that roa~ c~ in muck or pelt M be. c~ in x Land Oevek)pmant ~0. Casa Lorrm Boulevm.d ~ be ~ed al outlined in the x I=.evised Development Ac~ant. Unl~-- -,,~_.MCe~__M~_ by the Page 6 Boynton Beach Mama Vile No.: COUS 98-008 Revised Development Agreement, the applicant st~all provide the - City with a Maintenance Agreemam 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 finalization. 31. Show the six fish cleaning and garbage stations required by the x DEP 13ermit on the Site Plan. BUILDING DIVISION Comments: 32..'At time of permit review, submit a recorded unity of tille Itmt x combines all lots and Paresis a~ one lot. 33. Add to the sheet ~ Restaurant ~1 Fleer Plan 11~ ~ building specifications: Gn~l fleer ami ~ floor, total ~ floor ama entire building, ~ ama of the exterim' covered area, seats per floor (indoor and ouffioo~), t~al. eeat~ entire facility, x overall building height, finish ~ elevatk~ 1' floor, type of construction and occu~nc,7 classification. that the accessible mutes lhat am. ~ between the accessible parking spaces and al uses and amenilf~ proposed for the project am in c~npllance with the mgulatiom ~ in x 36. Provide a minimum of fi3ur accassit~ pa~dng spacee to the norltt side of Casa I.oma Bouleva~ These Sl~,=ea shodd be x distributed to serve the ~ tilled ~ '~' & ~ and Restaurant ~ 37. Place a note on the site plan indlceting that tim paffi of tmv~ to Construction and the Federal Fair Housing Act. 38. Amend the tabular pafld~ data and the ~ to reflect and show x Page 7 Boynmn Beach Manaa File No.: COUS 98-008 DEPARTMENTS '" ] iNCLUDE I REJECT the c~rrect number of on-site accessible parldng spaces. The 355 car-parking garage requires eight (8) accessible parking sl3aces of which one (1) shall be shown and labeied as van accessible. The data shall also indicate that the on-site spaces will racluim four (4) accessible spaces be shown and provided at the site. Therefore, a total of twelve (12) accessible spaces are mcluirKI to be shown on the site plan and identified in the tabular data to correctly represent the required number of acc~Isible spac~ for the parking that is dapictect on the site plan. (17) are provided. The total number of accessible parking space~ identified on the chart and shown on the plans shall not be. leal than the number of spaces required by the Florida Accessibility Code for Building Construction. 39. For the purpose of accessing fees assodated with issuing perm~ for the apartment portion of the a-stc~ building, add to the drawings submitted for penTdt review datl that grou~ and number of beclmon, m. Allo, independently Identify and provide the support the aparlm~ [lie, such al lhe Iobblel, trash area, corfidom, clubhouse, elevatam end 40. Amend the elevadon view cll'awingl to be ~ with the floor plan drawings wilh m~pect to location and size of exterior wall x openinc~s, column~, roofllne end other ~__,~__i~l 41. Submit a complete ~ lhlt cleflnel the mnstmctlon- projecL Tl~ dm=.m'm~ M lnc~Jde, bu~ n=t be W to, d~,ay4.~g from the ad~,Cant im~ ~-vmy to tl~ approved a O' setbe~ for I~Mtaurant #2. At ttll~ of pem~it review, x Identify on the sits I the sett~ dimami~s from the souffi property ~ine to tt~ ~ing eege of the &sto~ buikling. The leaclln9 edge of the building begins at the _,'~___~t__ point of the 'Page 8 Boymon Bea:h Marina. File No.: COUS 98-008 DEPARTMENT~ ;' I INCLUDE I REJECT ovemang or canopy to the Property line. The tim rating and wall openings Iocate¢t on the exterior wails of ail buildings shall comply with the regulations specified in Table 600 of the Standard Buildin Code. 43. Add to sheet AZ01 the required accessible sidewalk that would x create the accessible path for the van accessible parking space to the accessible buildin entrances. · 44. Show and/or describe on the site plan hOW and where the storm water drainage that is generated by the roof of all structures will x terminate. 45... Show and Identify on the sheet ti~ed Ground level Floor Plan how x mail will be delivered to the =_r-,~rtmants. . 48. Compliance with the buikllng codes will be evakJatad at time of permit review. The permit fee, wat~' and s~er faci~ty fee~, review. The feee will bi accessed ~ with the specifications listed In the Oeve~_._D.ment A~_=_-n~,-~ PARKS AND RECREATION Comments:. None FO RE STER/ENVlRONMENTAMS'i' Comment-~: None oo I PLANNING AND ZONING .. comments:. 47. Change '20' to -'10' I~ equallen for parking space~ for ~ x Total is cen~ct at'20'. · On landscape plan, dlmans~.distance ~ pe,nm"---ter x pa v spacee (exc spaces}, inte landscaped area (~} square feet/space), and Interior landsceoecl area ~m~vtd~ (or ~-_..~ rs~,~ ~ to ten Page 9 Boynton Be~ch M~.,"i~ File No.: COUS 98-008 DEPARTMENTS " I INCLUDE ] REBECT (10) square feet per space if a minimum of one (1) intenor shade tree is provided per four (4) interior spaces). , Add note to landscape plan stating number of trees (one is required) per 100 square feet of required interior lanclscapecl area. , Continue perimeter hectge along N.E. 6e Street (west side) north/northeast of restaurant ~1. · Provide and identify on the landscape plan all .proposed lighting Rxtures for botl~ vehicular and pedestrian areas in accordance with CBD Guidelinee and~or VL~ion ~ Study recommendattotl~. · Identify in the landscape plan tabular data, the pen:enrage nattve species Io confirm compliance with ~e ~0% .. requirement. · Add to list of notes on landscape plan the soun:e of Irrigation 4~. Comprehensive Plan Potiw 1.12.2 requlre~ ~ residential projects in excess of 100 units proposed' within the hurri~ane evacuatlen zone be reviewe~ by the ~oune/s Olvislen of x .- Emergency Management, and ttmt ~omments be ~onsidered which regard the Peacetime Ernen~eney Plan. 50. Provide color descriptions for all details including color code on x elevation document. 51. Add turning radius details within parking sttu~um, and provide, at minimum stactdng ~ for one vehicle at gua~l gate to prevent x nc~ eiiminm need te I~ovtde for emergen~ 53. Consistent w~ revised clevelol~tent agreem~ re~l~c~ note Indicating that ~ of N.E. 2"" Avenue, including cul..de-sar., accoreance with revieee devetepefs agreement plan". and south of ret~l El am sod or paved Page 10 Boynton Beach Manna File No.: COUS 98-008 i DEPARTMENT~ INCLUDE REJECT 55. Sul~ii up0ated lanclscape plans for enare project to sttow ' ' _ compliance with all applicable regulations, intemal consistency, and to include the following changes to the lanclscal~e notes found on sheet LS1.00: a. Add, as specified in the "Grades end Standards for x Nursery Plants" Part I, 196:3 and Part II, State of Fiodda, Department of Agriculture, Tallahassee to the encl of note'1. b. Remove the word, 'No", from the beginning of note number 19. [Land Development Regulations, Chapter 7.5, Article III - Central Business District LandscaDe Code, Section 8.] 56. For subsequent perrrdt appflcadon, provide sheet A1.01 (fighting detail sheet) end a photometric plan to ved~ that ilkJmbtatlon levels meet Chapter 23, Articil II, A.1 and CaD landscape code. ~n types of ,ghUng mctures (waS, boUamls, ~ parking kS) shd x ama fixtur~ shall not e3cceed 16 feM. AIl polee, fixtures and other site amenities shall be of a grade and quality that wi wiltitend 7.5, Articte III - C, MYa~ BUalneel Dlslztct Len~ Code, · Section 8. A. 7. a, b, ¢ ami d and 8. a, b, o and d and Design Guidelines of Boynton Beach C, Mm~ Business Dlstdct page 25, bT. Project shall ptovidl a rfdnbntmt of 50~ 'total parking spaces, including a rrdnimum M 207' ~ that must W OI:)Mi and MINIMUM NUMBB~ OF PARKING ~AC, ES 'PROVIDED IN' x RIG~F-WAY IF G~EDfl'ED TOWAR~ TOTAL. (Al per [Land Oevek~ment Regtate~' ~ 2- r. ordn~ SecUre 11. 58. The aap~ appikatlon tile of $1,500.00 for original ~ 1 end 5aS~.2~ poa~age t~e ~anZn~ ~ c~ ad~Ke.t permtts or deducted from the incer~'vee fca' administrative ~eee. Page I 1 Boymon Beach Man~a le Ho.: COU$ 91.008 59. The applicant sl'~atl apply for ancl t3e issued an environme~,~i review permit 'prior to receiving an occupational license to sell gasoline. [Land Development Regulations, Chapter 2. - Zoning, x Section 6. E. lA 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 copy of the appropriate document to.the city for review. The x document shall include, but not be limited tl~ the developer purchasing, installing and perpetually maintaining the 61. Applicant shall comply with all ra(luireman~ c=0nteined in the development order and revised devlloNn~t agraeme~ ~ to issuanc, of permits (other than shell pem~..~ prior to x approval of the development agreement) in aece~lnee with the de~_d;.~e; ,-, ,~---.- 63. The dumpster enclosure requirements of the City Code will be temporarily waived f~r TWo Georges Restaurant and Dive Shop x urr~ Casa Lom~ Boule, mrd study te satlsly dam needs to comply with County Traffic x p~Otmlncl SllndlrdL C3ty must pCml. ll =X'I~ ~ Palm Beac~ · site plan including ~ eample~ and cede~, llgflt flxtum~ and ST. Provide addlaxal rib. el-we/.long west skle ~f NE provide left and right turn lane~ with stemge c~ to offs~ x traffic il'l~aCt by apartment building alXl to I:ln=vidl efficient circulation Expansion of Itt-of to be done wittt ~e mutual ......_._._.__ Page 12 Boynton Beach Mm-ma File No.: COUS 98-008 i D EPARTMEN'I~ INCI-UDEI R~tECT unclerstancling that expansion may 13e in exchange for loss of minimal, parking spaces. This requirement may be waived if magnitude of spaces to be lost am unacceptal31e to the city, an~l if traffic analysis justifies maintaining roadway as currently proposed (formerty ~351. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 68. " ADDITIONAL CITY COMMISSION CONDITIONS 69. Revised 8/11/gg 4:45 pm MWR/dlm LEFT INTE~ONALLY BLANK INTENTIONALLY LEFT BLANK EXHIBIT INTENTIONALLY LEFT BLANK EXHIBI'I' "K" Id ! tt~dtt HC LAND & KNIt' LLP Om E~ B~o~,~l ~evad, Su,k 1300 RO, ~ 14070 (Z~ 333~-4070) Fort Lau(lemlale, Flodda 33301 ',vwwJlklaw.com W~ Pa~'l ~,ld' TaAw' April 9, 2008 VIA FAX AND ~ CI~.q.~ M. ArL Development Director City of Boynton Beach 100 E. ~oynton Beach Boulevard Boston Bea~ Florida 8a4~ Dear Mi'. Greene: We represent TRG-Boynton Beach, Ltd. ("TRG"), ~ owner of the property bei-,~ developed as Ms,ina lFtlla~e at Boynton Beach. As you are aware, a previous owner of the subject property entered into a Second Revised Development Asreement dated June 6, 2000 ("Agreement;"), with the City of Boynton Beach, Florida ("City"), relatin~ to the development of the property contemplated by the...A?~nen., t did not occur, and_the cie~.aune~,. ~or co. mpie .~., those developmen., t obligations were never met. In premo.us .cU..Scu~..m,o~.m~n~ City officials reeardlne the A&~eement, a consensus was reached ma~ ?ne . ' - -': :, .,- · - i~ TRG is substantially and development of the au~ect property bein~ p~ ....... ' · different than the tdmin~ and proposed developmen~ con~empiatea j~nt. Q,,inrus Greene April 9, 2003 Page 2 Accordingly, TRG requests that the City Commission take appropriate action to terminats the Agreement as a matter of record. Such tsrr~ination should be expressly conditioned on the survival of the matters sec forth in the letter from James A. Cherof, City Attorney, to The Related Group and AERC of Virgimia, Luc., da~i December 30, 2002 (copy attached). If possible, please schedtlle thi~_ request for City Commission consideration at its meeting on April 15, 2003, at wlxich other matters relating f~ the proposed development of l~axina Village aC Boynton Beach will also b~ considered. Thank you for your cooperation. Encl. cc James A. Cherof, City Attorney (w/end) December 30, 2002 Hand Delivel'y The Related Group AERC of Virginia, Inc. Re: Request for Estoppel Infozr~afion/Marina Village The City h~ r~eeiv~I the D~aber 30, 2002 ~ t~quest of ~e Rel~ed ~o~ m~ ~RC of V~ ~e. for ~ ~el Ie~ d~g ~e ~o~ ~t ~d ~t by ~e Ci~/of ~wn B~h ~der ~e S~n/Re~ Devel~m~t. More ~c~ly, yo~ have ~ked ~e Ci~: Specific. ally, ~olta~e confirm that $39,424.22 have been st~nt on behalf of City water and se~er ' few, which art eredlt~ which run with the ProJect and are transferable to a successor owner of the Project and shall survive any ttrmlm~n of tl~ Development Agreemena Response: The City h,, paid on behalf of the Developer $13,$70.99 for retail commercial water and sewer impact and connection fees, $25,8~3.23 for restaurant water and s~wer impact and connection fees. Thes~ fee~ are trmaferable to a suc, c~sor owner of the Proj,ct and shall survive any tcraination of the Development Asreement. In addition, ple~e confirm that $162,500 ~ be~n spent towards City, Stat~ and County permlt fe~, and pleast confirm tkt portian of thit amount which was t~aid to the County for impact f~ and the Cay ~iudl cooperate with ttte devdoper and support with the County' a succestor own~"s erealtt for th~e feet, Al~o, t~hutte confl~ that the City Commission shall shall sur~iv~ any termination of the Dm,M~pmsnt ~t) against fitture permit fees for the portion of thi~ amounl which nn~ p~itl to thc City, and please confirm that amount, and City staff shall favovably recommad suck action. Response: The City has paid: To Palm Beach County, on behalf of the Develops', $122,688.8~ in road impact fees and $~.802.91 in public build/ag fees. It i~ thc City's und~s that under County ' ........ "~=a~ l:~I/cy should be obtained from th,. .~uavy. Major modilic:~'lions tn te appr~,ed site plan can re.~.k m fee %'o the $~/e of Florida, $135.70 m BACIF and $I35,70 for Radon pe~ad~ fees. Confirmation of ir'~m_sferability should be obtained from ~e State. To the City of Boynton Beach $34,726.38 for building permit revtew fees. The credit is transferable. No r~fund is available for voided permit. Also, t~lease confirm that no other amounts have be~,n spent by the City or are due and owing under the bond or th~ Dtvelopment Agreement other than those set forth ahoy& Response: The City has expcadcd $201,919.76, which includes the amounts shown above. The project/s encumbered by a City hca for the total incentive package of $770,328.00, less $407,380.00, which is secured by bond. Pt~ase confirm the Clt~ ~iudl aeeapt a ~btt~ut~ ~nd in r~ltlact~ntnt of tlta~ ctwre~ lw. ld by the City J~om a succts$or owntr, and r~trn tkt ~r. isttng bond to MF, RC. R~-'gor~: Y~. I trust the foregoing i~ responsive to your requ~t. All i~su¢ of further adjustment, modification, refund or waiver are rcaerved to the City Cor~i...ion, city ATrORNE~ TOTAL P. ~5 F. M.ARTfN 5'~$AN L. TAY"LOR May 8, 2003 James A. Cherof, Esq. City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 F. Martin Perry & Assodates, P.A. 1645 Palm Beach I. ake~ Bird Suite 1200 VYest Palm Be~. FL $3401 TELEPRONE ( ~61 ) 4* 1.3 $07 FAX (561) 6~-~442 HAY 9 5003 DEPARTMENT OF DEVELOP~AENT Via Facsimile: 561/742.6054 954/771-2943 Two Georges Restaurant vs. City of Boynton Beach Case No. CL 99-8505 AG Dear Jim: As you know, this firm represents DSS Properti~, Ltd. and DSS Management, Inc. d/b/a/ Two Georges Restaurant. I have been sdvisecl that the City Commission recently approved the Major Site Plan Mocl~ submitted by the Related Group for the Boynton Beach Marine project. As a result, my client requested that I review the proposed modifications as they relate to parldng, to determine wi~ether the proposed modifications are consistent with the Court approved settlemant of the above case. I have concluded. that the current parking modifications do appear to ignore the terms of the Mediation Agreement. For your convenience, I am attaching copies of the Amended Mediation Agreement, dated June 12, 2000; the Court Order, dismissing the case and retaining jurisdiction to enforce the Amended Mediation Agreement; and portions of the Second Revised Development ~ant, recorded on August 28, 2000 at ORB 11980, PG 492, Public Records of Palm Beach County. The Amended Mediation Agreement clearly contemplated amendments to the Development ~ such that it would be consistent with the settlement among the parties. The reaull~ Development ~ent, the Second Revised Development Agreement, providlm, in part, that: "7. DEVELOPER stall provicl~ a minimum of 505 parking spaces, 20/of ~itetl ~ lie clime and unmsert,ed for pub/itc use ( Of these 207 City is gr~ to the Developer the use of fYmse 59 public spaces as a credit toward his obligation of 207) .... · Emphasis edcled. 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 and 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 arrangement; however, it appears that the resulting approval does not specifically require the developer to leave spaces open and unreserved for public use as is required by the Development and Mediation Agreements as previously stated herein. If I am incorrect in this regard, please provide evidence to the contrary. The 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 Sec, ond 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 ha~ grave concerns that the project, es 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, Enclosures cc.. Bill Scagg$, Jr. -via facsimile: 561/820.8189 Steve Scaggs - vie facsimile: 301/208-8037 TOT~L P. IE2 DSS PROPERTIES, LTD. a~d DSS iHAI~A~~, IHC. D/R~A TWO GEORGES RE~AURAI~, VS. CITY OF BOYNTON BF-.AClL Defeadsut. l~ TI~ CIR~ COURT OF THE FEFI'E2N'I~ JUDICIAL CIRCUIT OF FLORIDA~ lin AND FOR PAL~ BEACH COU1STY, CTv'IL ACTION CA,SE NO. CL 99-g$0~ AG AMEND~_n MY__nIATION NOW, ~O1~ D.S~. Prop~i~ Lt~t, mi D.S.S. l~u~emmt, Inc. d~e T~vo Cir~ or ~ st~'(~s the comext dicur~) wile 'L Ci~r sm~will: (~) owuer, watch ~mio~ sh~ occur only ~er Two ~ ukes ~le to tt~e H, sll prupet~, md admmislz-~vely approve t~e use ofsu~de~t ccmpac~ car spa:es to up ['or the loss of' four p~ztciz%~ space~ du~ ~o r'an~ to b~ consUuc~cd C4.sa I. oma Boulevard ~o the Two Gcar§e~' property;, md .admJni~tr~ve[y approv~ two curb cu~s for r'amp~ to ~c~s the Two Gcorge~ . md Hail praperty. Boulevard ~d the ~ referred to as t. he Casa mm, Overlook. [.om, ~'"""'~ ~ o~ the lat~ mou%h ofOcemn Bo~ This ~ mxyonfy be 2 taxi for ~e constmc:io~ ora dedc a~i may not be credited aga~ns: or, er ptopo=ed use~ ot~ ~e ~ite. Not object to the u.~ ofthe ~ pordons of Two Georges or Hall's property for sta~_..g o.fvalet .parle/rig. City r~co~i~.~ tha~ Hall's dda fi.~h/ng (one boat only) oper~on ~s a valid legal ~.ndf'alh~r hon.-conforming use. Extemi the timeframe for consm~on of Casa · ~k- ,;... ~___ ~ ...... . /.oma by the amoum of time emal to litigation her~. wm ofC. etiiot~ to the date ofiq~,g the flLsmis~s of 2. Build th~ ~g~alim ofth~ ~ azu and Can ~ ~~ ~ shown on tl~ 1/17~00 sim plan (not ~ tables, whioh m~be in.stall~ by others). Beach ~ extemio~ to the~ t~'1~ South lJ feet ofsadt 30 foot wide rig~t-of.w~y,,Mddt 15 fe~t is loemd immediacy N~th of Gsz~'s North for lt~ Bo,~mn lksd~ ~ F. xnmsim ~ of the proposal d~d C~aa s d~n~ut ~ at~ not adv=s~ ~-~t, ~ as otttlin~ on th~ anachcd ckawing, wh/ch casmncnt sha/I not proMbk dock users acc~-ing th~ wa/kway and docks just $ou~h of the easement area. The City ~Su~fs~~: areaacc~~ part of thc proposed "Boynton Promcaazie", to which the Two G~or~ ~ All p~rties wilh Will cooperate with esah o~ ~ the ~ ofthia a~ment smi Two 4. "' 't'nis a~-cccmt ts su~iecc to approval ofr.~ CL-y C_,,.-,~ssion s~t i~suc~ a~mvai is c~t f~~ b~ J'un, ?. ZOOQ.. this a~nmm~si~b,n~Lt and.~ ALt c~veysnr.~ Amx~ m ~.s/.244 d~y ,,,'~ {O~O. hy ~ t,ndnsiSns4 ~,t~t~ DSS PROPERTIES. LTD. and DSS MANAGEMENT. INC. D/BIA TWO GEORCH~5 RESTAURANT. IN TIlE C.~qT COURT OF THE IqI"'FF.~NTi I JUDIC.~ C~CUrr OF FLORIDA. IN ANT) ~:OR P,~C! BEACil COUNTY CIVIL ACTION ~g/CJklSk NO. t"L 99.8.~05 Illlllllllllllllllllll .Ix~mis~s. it is here~ ORDERED AND A~ mit the I~'~' Stipulaten is hereby alqu'oved, and that this t/' ;.: ca~e he, and .qmne hereby is. di~y~.x~ prejudice, car, h party ~o bear ~s oMI fees amd orals. r*urmee, this Caur~ renins juris~ vo enfeeee tim teflm ~ die pafl~*s' Amended Medtax4on o ~h~ Stipulation fot~lbs~.v Dismissal wire i~. L L_ c~-7---'--- ~.~ ..... f,,'~.> · ~'~'~,,*,,,_...-.~ .,.,-.,~,.,.~ ~ ~., /'~:='), _ ~-.~ (a) c~mpletion of all of the improvements depicted on the SiZe Plan; or (b) DEVELOPER giving written notice to the CITY of abandonment or' the SITE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROJECT. approved by the CITY. sha~! not be deemecl an abandor~ment. g.'?~-~ D._EVELOPMENT U_SES. *'-'~ O 29,302 square feet of two-story office/retail floor ama. ~,~"~.~'"~- e foilow~g uses have been approved by Ihe City Commission: .~. Two public restaurants wilh a combi~ecl area of 12,830 square feet. 4 ~,,~,Mark'm slips, 2 ol whic~ shall be ~esignate(I for the exclusive use of Se DEVELOP'~ //~.,~ provide a minimum of 505 parking spaces, 207~ of whk;h must ~l~i~ and tmre~erved for public u~e (Of these 207 ~acas. [9 are oi~.....~Loma Boulrmrd and N.F_ 6' SbeeL The Oily from meter~3 or prov~~ restrict.ions,°n those parking spaces kx:~egJ o~t Cily right-of-w~y~~ into ar~ Agreement wi~ At tim Atr~ust 3. I'999 City Commi.~mon m~.d~~mu to LDIL Clmpk.,r. 2 Zonm.~. D.4.d.(!) thc Cit7 Comm~ion rcduced the re~uin'd public ~i....I..Rm:gs m 207. VerSo. i o.o · I TOTAL. P. ~1 XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Re( M~ ] August 5,: ] August 19 [] September [] September NATURE O AGENDA Y RECOMM~ Commission ~ting Dates 003 2003 L2003 16,2003 NDATION: Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 ] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Tumed in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business City Commission review of rotation of CRA Chair to another member of the CRA. EXPLANAq (attached her Vice-Chair o members are Name Alexander D Donald Fent, Larry Finkle~ Charles Fish, Jeanne Heav Michelle Ho' Henderson T The Mayor Board at the ION: Mayor Broening initiated this item after review of the September 16, 2003 City Attorney memorandum :to). Based on the memorandum the City Commission may, at its option, re-designate the positions of Chaii' and 'the Boynton Beach Community Redevelopment Commission. The current members and terms of the CRA ~s follows: Term Ends Marco 6/20/06 n 1/10/06 rein - Chair 1 / 10/05 r 6/20/04 lin - Vice-Chair 1 / 10/05 land 1/10/04 llman 1 / 10/05 ts requested that the City Commission discuss possible rotation of the CRA Chair to another member of the CRA 2ity Commission meeting of October 7, 2003. PROGRAI~ FISCAL ALTERNA' IMPACT: None PACT: None 'IVES: Make no changes at this time. )epartment Head's Signature Department Name S:~BULLETIN\ ORMSXAGENDA ITEM REQUEST FORM.DOC City Manager's Signature City Attorney / Finance / Human Resources TO: FROM: DATE: CITY OF BOYNTON BEACH MEMORANDUM Mayor Gerald Broening Members of the City Commission James A. Cherof, City Attorney ~,~ Community Redevelopment Agency September 16, 2003 I am aware that the following question may be posed by the City Commission: Can the City Commission re-designate the Chairperson of the Community Redevelopment Agency during the term of the Chairperson? Short Answer: Yes Analysis: Chapter 163, part III, Florida Statutes contains the provisions for the creation of the Community Redevelopment Agency and the appointment of the governing body of that agency. Section 163.356(3)(c) contains the following provision regarding the designation of a chair and vice chair: The governing body of the county or municipality shall designate a chair and vice chair... Section 2-13.2 codifies the Community Redevelopment Agency appointment provisions and provides that the City Commission shall select by majority vote the chairman and vice-chairman of the Board of Commissioners of the Community Redevelopment Agency. The enacting ordinance which established the Community Redevelopment Agency and the amending ordinances thereto contain no further limitations or restrictions regarding either the appointment or term of the chairperson. Absence such restriction and in light of the statutory language reserving designation power to the City Commission, I am of the opinion that the City Commission can re-designate the chair and vice chair of the Community Redevelopment Agency at the City Commission's discretion. Conclusion: The chair and vice chair of the Community Redevelopment Agency serve at the discretion of the City Commission and the City Commission has the authority to re-designate the positions from the members of the Community Redevelopment Agency. JAC/lmf C:\Documents and Settings\bressnerk\Local Settings\Temporary Internet Files\OLKDhMcmo to Comm re CRA.doc XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be 'Fumed in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 7, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item under First Reading on September 16, 2003. For further details pertaining to the request, see attached Department of Development memoranda. EXPLANATION: PROJECT: AGENT: DESCRIPTION: Docks Extending into Waterway City Initiated Request to amend Chapter 2, Zoning, Section 4.J limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of 0ther agencies. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A Dev~lffmefi(Dt~erit bire"~tor 'City Manager's s~gnat~r~ · PlanJfiag and Zt~ix~ ])'~ector City Attorney / Finance / Human Resources S:XPIanningXSHARED\WPXSPECPRO.hCODE REVIEW'~DocksXAgenda Rem Request Docks amend to code 2nd reading10-7-03.dot S:'~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- Oq I~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2, ENTITLED "ZONING," SECTION 4.J, "OTHER STRUCTUR]~S," PROVIDING THAT DOCKS MAY NOT EXTEND FURTHER INTO THE WATERWAY THAN 25% THE WIDTH OF THE WATERWAY; PROVIDING FOR CONFLICTS, SEVER.ABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the federal rules and regulations limit the construction of docks, pilings, other structures in navigable waterways to no further than 25% the width of the and WHEREAS, the City Commission of the City of Boynton Beach has determined that to the increase of boat traffic, larger vessels, and more vessels utilizing the waterways in City, it is necessary to reduce how far into the waterway a dock, mooring pile, seawall or structure may extend from 33% the width of the waterway to 25% the width of the which is consistent with federal rules and regulations and with Section 104.1.1 of Boynton Beach Amendments to the 2001 Florida Building Code; and WHEREAS, at its meeting of August 26, 2003, the City of Boynton Beach Planning Development Board recommended that the City Commission amend Chapter 2, Section '.15 of the Land Development Regulations of the City of Boynton Beach to provide that mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities not extend more than 25% into the waterway; and WHEREAS, the City Commission of the City of Boynton Beach concurs with the findings of the Planning and Development Board and finds that amending Chapter 2, Section 4.J.15 of the Land Development Regulations is in the best interests of health, safety, and S :\CA\OrdinancesXLDR Chanse~XDocks Ordinance Final 071003 .doc Rev. 07-104)3 1 ~velfare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rite CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2, entitled "Zoning," Section 4, entitled "General >rovisions, Subsection J, entitled "Other Structures," is hereby amended by adding the words md figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 4. General provisions. lee OTHERSTRUCTURES. 15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the owner of the dock shall require prior approval at time of permitting from the owner of the walkway. In addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities related thereto, shall not extend further into the waterway than I/3 1/4 of the width of the waterway for private or commercial docking and mooring facilities. Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in S :\CA\Ordinances~LDR Changes~)ocks Ordinance Final 071003.doc Rev. 07-10-03 2 :onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion 'be declared by a court of competent jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this _~ day of .~_~'[',-_t~ [O~" ,2003. SECOND, FINAL READING AND PASSAGE this ~ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk 07-10-03 ks Ordinance Final 071003.doc 3 DEP.&RT>FE.N'T OF DE¥-ELOPME.N'T BUILDI~'G DI'V'ISIO ~' M-EMO R..~N'I) U~I N O. 03-144 DAT~: SUBJ-ECT: Quintus Greene, D/rector of Ds'..'eior~menr. Don Johnson, Building Official July 7, 2003 CITY Mz4aN'AGER'S REQUEST FOR ST.'.-~F AxN'A.LYSIS OF IMPACT OF PROPOSED CI-I.4~NGES TO ORDIN.~N'CE COtN'CEPuhTNG DOCKS P,~suant to the City Manager's request, I have consulted with Permitting staff and [he Civ Attorney's office to discuss rev/sing Chapter 2, Section 4..1'.15 of the Land Development Reg-ulation to limit encroachment by docks into City waterways. Currently Section 4.3'. 15 atlows docks to project into a waterway up to one-third of the navigable width of the wate~vay. To re. main consistent with the Army Corp. of Eng-ineers, the Department of Env/rommentM Protection, South Florida Water Management District, and the Lake Worth Drainage District, we are proposing to change the encroachments of the current ordnance from one-th.ird of the water,ray to one-fourth of the width of the waterway. The philosophy behind the proposed change is to remain consistent with the other regulatory bodies. ~_e second reason for the change.is to ensure that two neighbors on opposite sides of the waterway would each encroach only twenty-five percent of the waterway, leaving fifty percent of c.he total ~vare,-w~-ay or~en for navigable pm'poses. We have analyzed the affect that the proposed change to rkis ordinance will have on the citizens of Boynron Beach and offer the following: Legal Non-Conforming Docks/Mar/ne Facilities - These will be docks/marine facilities that were previously permitted to be up to a maximum of thirty-~ee percent of the canal width. These docks/marine facilities would be able to remain and be maintained as legally permit-ted. Legal Non-Conforming docks/mar/ne facilities would not be able to be increased in size that would add to the non-conformity. The existing docks/mar/ne facilities could be added to only m compliance with [he new ordinance requirement of twenty-five percent mm:imm encroachment into the width of the canal. Approval from any other reg-ulatory authority would be necessary prior ro application for perrrfir to the City Of Boynton Beach. These new docks/marine faciiities would have to meet all applicable building codes. DEP.KRTY,'IENT OF DE'v~LOPY, IENT BUILDING DIVISION M[E MO R.4~N-D U~I NO. 03-143 TO: FROM: DATE: SUBIECT: :'v2ke Paweiczyk, Don lohnson, Bm~dmo Officia . July 7, 2003 PROPOSED ORDINA_'N'CE - DOCKS EXTENDING INTO VeATERWAY You have asked us to supply any suggested changes to Section ~-.J. 15 - OTHER STRUCTOJLES, of due above referenced ordinance. I would like to propose that the following wording be added in order to remain consistent with Section 104.1.1. of the Bolrnton Beach Aznendments :o the 2001 Florida Building Code - Marine Facilities: 15. Open terraces, including walk-ways, unenclosed decks and slabs, namraI plant landscaping and docks, with or without canopy. Docks projecting into waterway ow-ned by a different property owner than the owner of the dock shall require pr/or approval at dine of permitting from due owner of the walkway. In addition, the dock, all moor/n~ oiles, m'oins, seawalts, jet-t/es, revetments, or si.m/lar structures and facilities related thereto, shall not extend further [nto the waterway than ~ of the width of the waterway for r~rivate or .~,-..-r=T.~-:~.? ~.-~',-:~ :~-~ -~<-~-* Thamk you for your consideration. DJ:rs XC: Quinrus Greene, Director of Development Nancy Byme, Assistant Development Director Timothy Large, Building Code Admirfistrator Mike Rump f, Director of Planning & Zoning Rosemar/e LaManna, Paralegal 5:~Dcve!opmc-neBU'[LD[NGkMemoskMtmos ro Ci~' -knomev - 200]k~'oposed Or, din:mc: - /uLy 7, 2003 P.E: CITY N£A_'qAGER'S KEQU~ST FOR ST.~F AXALYSiS OF D~A~ OF PROPOSED ~LANGES TO O~'ANCE CONCE~N~'G DOCKS P~ I of 2 P~es .New Permitted Docks/~larine Faciliries - L'~on approva! of the changes to the proposed ordinance, these docks/man, ne £acilities would not be allowed to encroach more than twenty-five percent maximum into the canal as per the proposed ordinance. These new docks/marine facilities would have to receive approval from any o~.er regularo~ authority, prior to application for permit to the City Of Bo.,,nton Beach and must meet all applicable building codes. Unpermitted Docks/B, Iarine Facilities - These are docks/mar/ne facilities that have been installed w/thout benefit of permits and would be in violation of Section 104.1.1 of the Boynton Beach Amendments to the 2001 Florida Building Code. These docks/mar/ne facilities would have to meet all current permit-ring requLrements for docks/marine facilities. These docks/marine facilities would be required to meet the maxLmurn encroachment of twenty-five percent of the waterway. If the docks/marine facilities' encroachment exceeds the max/a-nm twenty-five percent of the canal width, it would be necessary to remove any portion that encroaches over the maximum twenty-five percent limit. Approval of any other reg'ulatory authority prior to application for permit City Of Boynton Beach would be necessary and the unpermitzed dock/marine facility would have to meet all applicable building code requirements. The Pe,,':rr_ixing staff'also conducted a random sampling of the ten most recent docks/mar/ne facilities permits that we have issued. It was determined that ali ten of these docks meet the ~wventy-five percent maximum encroachment of the waterway. DJ:rs Attachment XC: Nancy Byme, Assistant Development D/rector Timothy Large, Building Code Admin/srrator Mike Rurnpf, D/rector of Planning & Zoning Mike Pawelczyk, Assistant City Attorney S:!Develop~t~B U[LDFNG~MemosW*temos to Development Admin - 2003qSmff.--tnaiysis or' Ln'~act oF Proposed Ordinance Change Conc.,'~m, ing Ooc~.doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMOtL-XNDUM NO. 03-194 TO: FROM: THROUGH: DATE: SUBJECT: Kurt Bressner. City Manager Quintus Greene. Director of Devel2pmenlf~/ September 11, 2003 ADDITIONAL BACKGROUND REGARDING PROPOSED CHANGES TO BOAT DOCK ORDINANCE As we previously discussed, in October 1994 the City Commission provided an amnesty period of three years for citizens of Boynton Beach to file applications, secure permits and receive applicable inspections for unpermitted docks and seawalls. These docks were required to meet the applicable set backs required per the Boynton Beach Ordinances. The docks were then inspected to determine if they were safe and in good repair. If the dock for which a permit was :'cq~ested ,,vas not safe and in good repair, the City asked for engineering drawings to either certify the dock as sound or set forth a construction plan to repair the dock. A previous City Commission determined that any existing, unpermitted dock which had not received a Certificate of Completion by September 30, 1997, could be cited for a code violation and would be required to be removed or reconstructed to current code standards (see attached Agenda Memorandum of October 18, 1994 t¥om Came Parker, City Manager). Our purpose for requesting a change to this Ordinance is ,simply to be consistent with the standards of other agencies that have jurisdictional water within the City limits of Boynton Beach. it is also our desire to be more user-friendly by having an Ordinance with a consistent standard for our design professionals, contractors, and residents. Given this additional back=o'round information, as well as the previous staff analysis of the impact of the proposed changes to the Ordinance concerning docks, staff requests the approval of Ordinance 03-048. DJ:rs Attachment S: Development\BUILDiNGxMemos',Memos to City Manager - 2003XAdd'l Staff' Analysis re Proposed Changes to Boat Dock Ordinance.doc -2- Any existing, unpermitted dock which has not come in to the City and received a certificate of completion by September 30, 1997, will be ciled for code violation and must be immediately removed or reconstructed to current code standards. Any seawall which has not received a certificate of completion by September 30, 1997 will be cited for code violations and must be repaired/replaced within the time established by the Code Enforcement 8oard. If not completed, code enforcement fines/liens would accrue. The City Commission also at its previous meeting suggested that for six (6) months building permit fees for this process be waived. I am a~;suming the City Commission wishes to continue that policy. NEW DOCKS AND/OR SEAWALLS A new dock or seawall, not constructed, will have to submit engineering drawings and meet current code standards. CANOPIES/BOATHOUSES The issue of the roofs on docks is a separate issue. Currently, roofs are not allowed and would need to be removed if a property owner requested a permit. Staff needs further direction from the City Commission if roofs are to be allowed. This item was discussed at the March 15, 1994 City Commission meeting and unanimously denied (minutes and ordinance attached), however, if the Commission wishes to revise this policy, an ordinance would be placed for first reading on November 1, 1994. C~rie Parker' City Manager Attachment cc: Dept. of Development Planning Department AGENDA MEMORANDUM October 18, 1994 Xl. UNFINISHED BUSINESS A. Boat Docks and Seawall On October 3rd the City Commission requested staff revisit the issue of unpermitted docks and seawalls. Staff has reviewed the previous discussion by the City Commission, as well as concerns brought forward by residents and would like !o recommend the following: EXISTING DOCKS AND/OR SEAWALLS The two outstanding issues with docks were how the interpretation of the City code would apply to the structure and construction of existing docks and if canopies or boathouse roofs were to be allowed. Regarding the permitting of the doc~ itself staff would recommend the procedure listed below: o ,? All property owners having docks that are not currently permitted would need to apply for a permit. The City would administratively suspend Code Enforcement for unpermirted docks, and suspend the code requirement for sealed engineering drawings as a condition of original permit submission for existing docks for a period of three years. : A property owner would apply for a permit and the City inspectors would inspect the dock to insure it is safe and in a state of good repair. The City is arranging with Lake Worth Drainage District and South Florida Water Management District for their agency staff to do the physical inspection of docks if the dock is in their jurisdictional waters to assist with the workload. A~ter inspection, it [he dock is de[ermined safe and in good repair, a certificate of completion will be issued by the Department of Development. If the dock is determined not to be safe or in good reps. Jr, the City will requ~s~ se~.Jed engineering drawings to either certify the dock as sound or set forth a construction plan to repair the dock. After the work is completed and the applicant's engineer certifies that the dock is safe and in good repair, a certificate of completion will be issued. If the dock is located on City property, the current City lease would also need to be signed and proof of insurance obtained by the property owner. A hold harmless agreement for docks would also be signed by the property owner. The same procedures outlined in paragraphs 1 thru 5 apply to seawalls. XlI. - LEGAL ZTEt4 A.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Tumed in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 [] Admmistrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business September 15, 2003 (Noon) October 6, 2003 (Noor~-~ October 20, 2003 (Nool}.~ Novemb~ 3, 2003 ~ RECOMMENDATION: Please place this request on the October 7, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request under First Reading on September 16, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-200. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (ABAN 03-009) Winston Lee Nayrot Realty, Inc. Southwest comer of 1-95 and Woolbright Road · Request for an abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A City Manager's Sigma=; - Pla~nLng ~'~d ~/g Director "City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJL:~TS~Boyn~on Commerce C~r~Boynton Commerce C~r, Lot 3B~BAN 03-009~a~g~nda Item Request Boynton Commerce C~r ABAN 03-009 2ND reading 10-7-03,dot S:',BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 - O ~._ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF AN EXISTING INGRESS/EGRESS AND UTILITY EASEMENT LOCATED AT THE SW CORNER OF 1- 95 AND WOOLBRIGHT ROAD (NO. 03-009) MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION O F A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon a portion of an existing ingress/egress utility easement, located on the north portion of Parcel 3B in the Boynton Commerce Center PID, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are tree and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of an existing ingress/egress Utility easement, which lies on the north portion of Parcel 3B in the Boynton Commerce Center PID, subject to staff comments, and more particularly described as follows: A portion of an existing Ingress/Egress and Utility Easment, being a portion o f Parcel 3 B, B OYNTON COMMERCE C ENTER according to the Plat thereOf, as recorded in Plat Book 46, Pages 126 and 127, in 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. $:\CA\Ordinances~t)andonrne~ts~oynto~ Commeme Ce~t~ ~ -PlO - ingress-e~ess easement.doc FIRST READING this I(,:, day of~, 2003 SECOND, FINAL READING AND PASSAGE THIS __ ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Ordinances~bandonments~Boynton Con~nerce Cente~ ~ -PlO - ingress-egress easeme~t.cloc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of an existing ingress/egress Utility easement, which lies on the north portion of Parcel 3B in the Boynton Commerce Center PD, subject to staff comments, and more particularly described as follows: A portion of an existing Ingress/Egress and Utility Easement, being a portion of Parcel 3B, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of September, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )SSi 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 September, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Orclinances~Abandonments~oynton C, owYrt~ce Center Abd -PlO - ingress-egress easement.doc SKETCH AND " 'SCRIPTION ~CYNTON COMMF_?,CE CENT'ER -' ~,";~ ?;~_, -- ~ SEb!E,",~ T_ TO E,E "' '"', ,-,,,_,AT-'ED /F'.O. "407 TS ISKETCH NOT VALID WITHOUT SHEET 1.2 ~ ~ 'EV1SIONS AVIROM &:ASSOCIATES, INC. SURVEYING &: MAPPING 80 8.W. 21'413 AVENUIF. 8urr~ 102 BOCA RATON. FL. OFIIDA 33482 TEl.. (8e'1) 382-2684, FAX (861) 384-7'12B (~2003 A~IROM & A~OCIAI'[~ ~NC. ALL RIQqT~ JOB NO. 4.109- 4-0 __ DATE: 05/05/03 DRAWN BY: C,L.P,__ ~SHEET: 3_ OF: .5 Z DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-200 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf,?~'~-"~ Planning and Zoning Director Maxime Ducoste-Am(~d~e ~ Planner August18,2003 BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-009). Abandonment of a portion of an existing Ingress / Egress and Utility Easement, Being a portion of Parcel 3B, BOYNTON COMMERCE CENTER. NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon a portion of an existing Ingress / Egress Utility Easement, located on the north portion of Parcel 3B in the Boynton Commerce Center PID. This request was submitted on May 5, 2003. It is described as follows: A portion of an existing Ingress / Egress and Utility Easement, Being a portion of Parcel 3B, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment on the subject property and includes a detailed location of the easement 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 Developed retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbright Road and developed commercial properties zoned C-3; South Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; East West Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and Right_-~f-way for Corporate Ddve then Parcel 3-H of Boynton Commerce Center, PID, used for parking and zoned PID, and farther west is right-of-way for LW.D.D. E-4 Canal. BACKGROUND On June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial District (P.I.D.). A 65-foot wide easement, which runs east to west, currently functions as a means of ingress / egress to the Parcel 3A (Lowe's) and the subject parcel (Parcel 3B). The south portion of this 65-foot wide easement is located on Parcel 3B and functions as a roadway swale and drainage retention. The applicant has the intention of vacating the southern portion of the existing 65-foot ingress/egress and utility easement, which represents approximately Page 2 Memorandum No. PZ 03-200 ABAN 03-009 .,rty (30) feet to facilitate the development of an industrial project (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). This reduction would not reduce the width of the actual driveway, but simply remove from the easement, in part, that portion to be occupied by parking areas for the subject project. Once this easement is vacated, this area will be used for parking area for the proposed site plan. A new six-foot (6) wide utility easement will be dedicated to Bellsouth for their underground conduit. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (See Exhibit -"D") No objection No objection No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon a portion of the existing ingress /egress utility easement as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:', Planning\SHARED\WP~PROJECTS\Boynton Commerce Ctr~ Boynton Commerce Ctr Lot 3B~ABAN 03-009~staff re,port.doc Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT 'A' R3 ~R1AA o~ o~ 0 PCD C3 / / / / / / / N S SKETCH AND ' 'SCRIP]ION BOYNTON COMMEh~CE CENTER ~C~,T, Ci'~ OF EASEMENT TO BE VACATED EXHIBIT "B" N 02'21 '32"E ~M; 6 '~ 7'0,~" 56.54: -7 , ~2~.00 E:',iS'qNC ~C' ;NGRESS, t~ ¢ 0~0~. NOT TO SCA~ EASEMENT (PER PLAT) ~ ....... ~ .... .... _.i ..... ~ ---/~::~ .... ~ ~o~'Uo· ~1 . S.N. ~EV1SIONS ISKETCH NOT VALID W1THOUT SHEET 1.2 &: 5 ] AVIROM &ASSOCIATES, INC. SURVEYING & MAPPING 60 8.Wi 2ND AVENUE. Bur'r~ 102 BOCA RATON, FLORIDA 33432 TEL. (581) 392-2594, FAX (8~1) 394-7125 JOB NO. 4109-40 SCALE: NOT TO SCALE DATE: 05/05/05 DRAWN BY: C.L.P. SHEET: ,.5 OF: 3 EXHIBIT "C" 0 ~! LEVFI-F COMMERCIAl- EXHIBIT "D" Conditions of Approval Project name: Boynton Commerce Center Lot 3B File number: ABAN 03-009 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 ENGLNEE~NG DIVISION Comments: 1. The approved site plan will return for minor modifications to adjust some X of the parking spaces, where feasible, to increase the backup space dimensions where abutting the access easement on the north side of the structure. 2. The applicant's engineer shall prepare a traffic-calming program targeted X to slowing down the inbound service trucks speed as they approach the auto parking spaces, which back into the ingress/egress easement. 3. Additionally, the applicant and developer shall commit to making sure all X existing utilities will be provided adequate easements. BUILDING DMSION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X I FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONENG Comments: None X PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJI:CTS\Boynton Commerce Cfr\ Boynton Commerce Ctr Lot 3B~ABAN 03-009\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center Lot 3B ABAN 03-009 APPLICANT'S AGENT: Winston Lee - Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 16, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of an existing Ingress/Egress and Utility Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Golf Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the AppliCant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Or~er shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:XPlanning~SHARED\WP\PROJECTS'~Boynton Commerce CtrXBoynton Commerce Ctr, Lot 3B~ABAN 03-009\DO.doc XII. - LEGAL ITEM A.3 CITY OF BOYNTON AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 5, 2003 [] August 19,2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of enhanced background screening for city employees, private con~l~ctc~<~ vendors, and repair and delivery persons consistent with 2002 Florida State legislation (166.442 [SB 954]). ~ -'n ~' EXPLANATION: This legislation grants municipalities the authority to conduct f'mgerprinting and state and ~ll~)nal criminal history information as part of employment for employees assigned to positions which are critical to public safe~,, as well as for private contractors, vendors, repair or delivery persons who have access to any public facility/publicly-operated facility that the governing body of the municipality finds is critical to security or public safety. This program provides that the FDLE User Services Bureau offers local governments access to state and national criminal history information for employee/vendor screening. In general, current background checks are limited to local information only. PROGRAM IMPACT: Enhanced employment and contractor background screening and improved citywide security. FISCAL IMPACT: processing). The fee for each submission is $39.00 ($15.00 for state processing and $24.00 for national 7~TIVES: Cont~ue with limited background screening process currently in use. Departm~Head s Signature r C~-~ M~nager's Sign~-ture Department Name ~" City Attain/Finance / Human Resources S:~BULLETIN~ORMS'vkGENDA ITEM REQUEST FORM.DOC ORDINANCE 03- ~...~ AN ORDINANCE O F THE CITY O F BO~ ~"NTON B EACH, FLORIDA, ENACTiNG A NEW SECTION 2-21, "EMPLOYMENT SCREENiNG", OF THE CITY'S CODE OF ORDINANCES TO PROVDE FOR CRIMINAL HISTORY RECORD CHECKS, iNCLUDING FiNGERPRINTiNG, FOR CERTAiN MUNICIPAL EMPLOYEES, APPOiNTEES, CONTRACTORS AND VENDORS PURSUANT TO SECTION 166.0442, FLORIDA STATUTES; FINDING CERTAIN POSITIONS OF MUNICIPAL EMPLOYMENT OR APPOINTMENT, AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, TO BE CRITICAL TO SECURITY OR PUBLIC SAFETY WITHIN THE CITY; FINDING CERTAIN PUBLIC FACILITIES AND PUBLICLY OPERATED FACILITIES AS DESCRIBED IN EXHIBIT "B" ATTACHED HERETO TO BE CRITICAL TO SECURITY OR PUBLIC SAFETY WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the State of Florida Legislature and Governor approved Chapter 2002- 169, Laws of Florida during the 2002 Legislative session which grants municipalities the to conduct fingerprinting as part of employment screening for those individuals a re seeking employment o r appointment t o a position which i s critical t o security o r dic safety; and WHEREAS, pursuant to Chapter 2002-169, Laws of Florida, Section 166.0442, :lorida Stamtes, n ow provides for t he authority for a municipality t o require employment including fingerprinting, for any private contractor, employee of a private vendor, repair person, or delivery person who has access to any public facility or operated facility that the governing body of the municipality finds is critical to or-public safety; and WHEREAS, the City Commission finds that certain positions of municipal employment or appointment as described in Exhibit "A", attached hereto, are critical to security or public safety, and should be subject to the background screening and fingerprinting authorized by Section 166.0442, Florida Statutes; and WHEREAS, the City Commission finds that certain public facilities and publicly :>perated facilities as described in Exhibit "B", attached hereto, are critical to security or )ublic safety, and those vendors, contractors, repair person, and delivery persons who enter :hose facilities should be subject to the background screening and fingerprinting authorized by Section 166.0442, Florida Statutes; and WHEREAS, the City Commission for the City of Boynton Beach finds that the enactment of this ordinance to provide for the type of employment screening, including fingerprinting, which is authorized by Section 166.0442, Florida Statutes, is in the best interest of the health, safety, and welfare of the residents and citizens of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance upon adoption hereofi Section 2. That Chapter 2, "Administration", o f t he C ode o f Ordinances o f t he City of Boynton Beach, be, and the same is hereby amended by enacting a new Section 2-21, "Employment Screening", to read as follows: Sec. 2-21. Employment Screenina (a) As authorized by Section 166.0442, Florida Statutes, any individual who is currently being employed, is seeking employment, or is to be appointed to a position of municipal employment or appointment which the City finds is critical to security or public safety shall be subject to employment screening. The employment screening process shall require that each person applying for, or continuing employment in any such position, or having access to any such facility, be fingerprinted. The City shall submit the fingerprints to the Florida Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to this section may be used to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment. The fingerprinting and associated criminal history record checks shall be in addition to any other back,m-ound screening which the City may lawfully undertake. (b) As authorized by Section 166,0442, Florida Statutes, any private contractor, any employee of a private contractor, vendor, repair person, or delivery person who has access to any public facility or publicly operated facility that the City Commission finds is critical to security or public safety shall be subject to employment screening as described in subsection A above. The employment screening process shall require t hat e ach person having access t o any such facility, b e fingerprinted. The costs of such employment screening pursuant to this section shall be borne by the contractor, vendor, repair person, or delivery person. (c) The positions of municipal employment and appointment, and the public facilities and publicly operated facilities that are critical to security or public safety are listed in City Ordinance 2003- , a copy of which may be obtained from the City Clerk's office. Section 3. That the City Commission hereby finds that the following positions of >loyment and appointment with the City are critical to security or public safety: SEE EXHIBIT "A" ATTACHED HERETO Section 4. That the City Commission hereby finds that the following public ties and/or publicly operated facilities are critical to security or public safety: SEE EXHIBIT "B" ATTACHED HERETO Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby Section 6. Should any section or any provision of this Ordinance or portion any paragraph, sentence, or work be declared by a court of competent jurisdiction to 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. APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at First Reading this I (a, day of ,,.~_t2'r' ~t,-llS~:la,, 2003. APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at Second, Final Reading and Passage this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ~,TTEST: City Clerk SEAL) )NT:dnt \UGCDE_FS~LIBRARYXI990Lq(10182.BB\ORD~Background Screening Ord.doc 4 XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place the request below on the October 7, 2003 City Commission agendWttnd6t; ~.' Legal - Ordinances. Be reminded that the Planning and Development Board forwarded this request with a positive recommendation on October 26, 1999, and the Commission approved this item under Public Hearing on November 2, 1999 based, in part, on the finding that the subject right-of-way no longer served a public purpose. For further details pertaining to this request see attached Department of Development Memorandum No. 99-246. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: N.W. 3m~ COURT (FIRST BAPTIST CHURCH) Bradley Miller, Miller Land Planning Consultants City of Boynton Beach Intersection ofN.W. 3~a Court and N.W. 3~d Avenue Request for abandonment of a 0.248-acre, triangular-shaped portion of'the N.W. 3~d Court right-of-way located between the First Baptist Church and N.W. 3~d Avenue. The incremental abandonment ofN.W. 3~a Avenue began in 1994, and has culminated in the request for abandonment of this final segment to make way for the church expansion project that received site plan approval on May 21, 2002. The subject abandonment was originally processed and granted conditional approval in late 1999. Due to the existance of conditions, ordinance adoption has been delayed until all conditions are satisfied. Staff understands that the necessary easements have now been dedicated thereby satisfying the subject conditions from the City and FP & L. Staff continues to endorse the approval of this abandonment. PROGRAM IMPACT: N/A FISCAL IMPACT: ~n 3~ N/A ALTERNATIVE · Deve~9t~nent De~artm'~t~)irector Planning and Zoni~ Wffector City M~t~ager'~ Signature City Attome3U Finance / H~ Reso~ces Documcntl ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF THE ROAD RIGHT OF WAY FOR N.W. 3RD COURT, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the First Baptist Church has requested abandonment of that remaining portion of the road right-of-way for Northwest 3rd Court, including the triangular parcel (lot 192) which functions as a median within NW 3rd Court, subject to staff comments, and g adequate utility easements to the City of Boynton Beach; and WHEREAS, comments have been solicited from the appropriate City Departments, public hearings have been held before the City's Planning and Development Board, and City Commission on the proposed abandonment; and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does abandons a portion of the road right of way for N.W. 3rd Court as shown on the plat of Hills, according to the place thereof as recorded in plat book 4, page 51, public :ords of Palm Beach County, Florida. The abandonment includes Lot 192, a triangular :el which functioned as a median within NW 3rd Court, and more particularly described in attached Exhibit "A". Section 3. The City Manager is hereby authorized and directed to execute and the attached Disclaimer and cause the same to be filed in the Public Records of Palm leach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of ..,2003 S:\CA\Ordinances~Al~andonmeflts~First Baptist Church.doc SECOND, FINAL READING AND PASSAGE THIS __ ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA~Ordin~nces~bandonments~First Baplist Chur~fl.doc A portion of the road right of way for N.W. 3~ Court as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, described as follows: Beginning at the intersection of the east right of way line of N.W. l't street and the south right of way of said N.W. 3'* court, said point also being the northwest corner of lot 123, block A of said plat of Boynton Hills; thence N.1°12'45"W., along the northerly projection of the easterly right of way line of said N.W. 1" Street, a distance of 7.94 feet to a point on a curve concave to the southeast having a central angle of 76°46'00'' and a radius of 25.00 feet; thence northeast, along the arc of said curve, a distance of 33.50 feet to a point on the westerly projection of the south right of way line of N.W. 3"~ Avenue as shown on said plat of Boynton Hills; thence N.75°33'15"E., along said south right of way line, a distance of 46.69 feet to a point on a non tangent curve concave to the south having a central angle of 5024'45" and a radius of 616.65 feet with a chord bearing of S.79°11'57"E.; hence east, along the arc of said curve and along the north right of way line of said N.W. 3~ Court said line also being the south line of lot 192, block A, said plat of Boynton Hills, a distance of 58.25 feet to a point on a non tangent curve concave to the east having a central angle of 17°23'46" radius of 85.32 feet and a chord beadng of N.1°18'38"E. said point also being a point on the east line of said lot 192, block A; thence north, along the arc of said curve, a distance of 25.90 feet to a point on the south right of way line of said N.W. 3"~ Avenue; thence N.75°33'15"E., along said south right of way line, a distance of 77.67 feet to a point on a curve concave to the east having a central angle of 145003'35", radius of 35.32 feet and a chord beadng of S.3°01'27"W; thence southerly, along the arc of said curve, a distance of 89.42 feet to a point on the north dght of way line of said N.W. 3'" Court; thence S.20"29'40"W., a distance of 25.00 feet to a point on the centerline of said N.W. 3'~ court and a point on a curve consave to the south having a central angle of 0o02'09", radius of 591.65 feet and chord beadng of S.69°26'54"E.; thence easterly, along the arc of said curve, a distance of 0.37 feet; thence S.20°34'08"W., A distance of 25.00 feet to a point on the south right of way line of said N.W. 3'" Court and a point on a curve concave to the south having a central angle of 18014'24", radius of 566.65 feet and a chord bearing of N.78033'04"W.; thence westerly, along the arc of said curve and along said south right of way line, a distance of 180.39 feet to the point of beginning. Including Lot 192, a triangular parcel which functioned as a median within NY 3rd Court. Containing 10,819 square feet or 0.2484 acres more or less. DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the road right of way for N.W. 34d Court as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, including Lot 192, and more particularly described in the attached Exhibit IN WITNESS W}IEREOF, 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 September, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk ;TATE OF FLORIDA ~'OUNTY OF PALM BEACH Kurt Bressner, City Manager ) )SS: ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their fi'ee hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the ~fficial seal of said corporation; and that said instrument is the act and deed of said :orporation. WITNESS my hand and official seal in the said State and County this ~ day of September, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S :\CA\Ordi nance~Abando~ments~Fimt Bal~ist DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM NO. PZ 99-246 TO: THRU: FROM: DATE: Chairman and Members Planning and Development Board Michael W Rumpf Planning and Zoning Director Jose Alfaro Assistant Planner October 22, 1999 SUBJECT: First Baptist Church Abandonment (ABAN 99-004) Northwest 3~ Court , NATURE OF REQUEST Bradley Miller of Miller Land Planning Consultants, Inc., agent for the First Baptist Church, is requesting abandonment of that remaining portion of the road right-of-way for Northwest 3rd Court located southeast of NW 3r~ Avenue, as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, which is also described as follows (See Exhibit "A"- Location Map): Beginning at the intersection of the east right of way line of N.W. 1st street and the south right of way of said N.W. 3rd court, said point also being the northwest corner of lot 123, block A of said plat of Boynton Hills; thence N.l°12'45"W., along the northerly projection of the eastedy right of way line of said N.W. 1st Street, a distance of 7.94 feet to a point on a curve concave to the southeast having a central angle of 76°46'00,' and a radius of 25.00 feet; thence northeast, along the arc of said curve, a distance of 33.50 feet to a point on the westerly projection of the south right of way line of N.W. 3"d Avenue as shown on said plat of Boynton Hills; thence N.75°33'15"E., along said south right of way line, a distance of 46.69 feet to a point on a non tangent curve concave to the south having a central'angle of 5°24'45'' and a radius of 616.65 feet with a chord beadng of S.79°11 '57"E.; hence east, along the arc of said curve and along the north dght of way line of said N.W. 3rd Court said line also being the south line of lot 192, block A, said plat of Boynton Hills, a distance of 58.25 feet to a point on a non tangent curve concave to the east having a central angle of 17023'46'' radius of 85.32 feet and a chord bearing of N.1°18'38"E. said point also being a point on the east line of said lot 192, block A; thence north, along the arc of said curve, a distance of 25.90 feet to a point on the south right of way line of said N.W. 3r~ Avenue; thence N.75°33'15"E., along said south right of way line, a distance of 77.67 feet to a point on a curve concave to the east having a central angle of 145003'35", radius of 35.32 feet and a chord bearing of S.3°01 '27"W; thence southerly, along the arc of said curve, a distance of 89.42 feet to a point on the north right of way line of said N.W. 3~d Court; thence S.20P29'40"W., a distance of 25.00 feet to a point on the centedine of said N.W. 3rd court and a point on a curve concave to the south having a central angle of 0°02'09'', radius of 591.65 feet and chord bearing of S.69°26'54"E.; thence easterly, along the arc of said curve, a distance of 0.37 feet; thence S.20°34'08"W., A distance of 25.00 feet to a point on the south Page 2 Memorandum No. PZ 99-246 ABAN 99-004 right of way line of said N.W. 3rd Court and a point on a curve concave to the south having a central angle of 18°14'24'', radius of 566.65 feet and a chord bearing of N.78°33'04"W.; thence westerly, along the arc of said curve and along said south right of way line, a distance of 180.39 feet to the point of beginning. Containing 10,819 square feet or 0.2484 acres more or less. Those parcels adjacent to the subject right-of-way have been purchased and assembled for the ultimate expansion of the church. A conceptual site plan for the project, showing the planned establishment of all required easements and necessary relocations, was provided as part of this abandonment application (See Exhibit "B"). The attached Exhibit "C" is a survey that shows the location of the subject right-of-way and includes a legal description for that portion of the right--of-way to be abandoned. BACKGROUND The subject request represents a further abandonment of this right-of-way, which first began in 1994, by Resolution No. 94-53, when a three-hundred-seventy-four (374) foot segment of NW 3r~ Court was abandoned and closed to Seacrest Boulevard. The subject request is for the abandonment of the remaining portion of this right-of-way located southeast of its intersection with NW 1st Street. It is logical to request this abandonment which will allow the church to square-off its property and plan for the expansion of its facility. The Church owns all the surrounding properties on both sides of NW 3~d Court, south of NW 3rd Avenue. Florida Power and Light, and City of Boynton Beach Utilities Department require easement rights adequate to preserve utilities within this area. This is effectively dealt with in the conditions of approval, whereby the applicant must show that such easements are established prior to final approval of this request. ANALYSIS Public notice has been given to the property owners that abut the right-of-way to be abandoned, and has been advertised in the newspaper. A summary of the review by the utility companies and city staff as follows: CITY DEPARTMENTS Planning and Zoning No objection as long as conditions of approval are met. Engineering No objection. Utilities No objection provided that a utility easement be to the City over the existing sewer and lines within the current right-of-way. The should be required to provide needed description and dedication of the easement to finalization of the abandonment. PUBLIC UTILITY COMPANIES Florida Power and Light FPL is unable to abandon the existing power line easement that services the church. However, FPL is Page 3 Memorandum No. PZ 99-246 ABAN 99-004 Bell South Florida Public Utilities Company willing to abandon the easement that services the existing residences west and north of the church, provided that a new easement be provided for future growth. No objection. - No objection. Cable Company (Comcast Telemedia, and Adelphia) - No objection. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way. North Residential property zoned R-I-A (Single family residential district). East Seacrest Boulevard and farther east, residential property zoned R-2. South - Boynton Beach Boulevard and farther south residential property zoned C- 2 (Neighborhood Commercial) West - Residential property zoned R-I-A. RECOMMENDATION Staff recommends approval of this request, subject to comments included in Exhibit "D" - Conditions of Approval. xc: Central File J:\SHRDATA~Ianning\SHARED~WP~PROJECTS~FIRST BAPTIST CHURCH ABAN~staff report- aban,doc L~CATION MAF~ EXHIBIT "A' .,!qW 3F:ID COURT ABANDONMENT I I PROPOSED ABANDONMENT R/W ABANDONED CHURCH OWNED PROPERTIES XII. - LEGAL CITY OF BOYNTON BEAC! ITEM B.2 AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2,2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18,2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 7, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote, approved the subject request under Public Hearing on September 16, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-207. EXPLANATION: PROJECT: The Harbors (ABAN 03-004) ~- AGENT: Gregory Mire, P.S.M., Keith & Associates, Inc. Consulting Engineers co OWNER: Schgai .c-- LOCATION: 2300 North Federal Highway La DESCRIPTION: Request for abandonment of a 15-foot wide utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: .~ N/A D evelophx~fi~Oepahm~nt l~irector Planning and ~o~ctor City Manager's Signature City Attorney / Finance / Human Resources S:LPlanning~SHARED\WP~PROJECTS~Harbors, The~NWSP 02-012L~BAN 03-004~Agenda Item Request Harbors Abandonment ABAN 03-004 I st reading 10-7-03.dot S:x, BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A FIFTEEN FOOT WIDE UTILITY EASEMENT LOCATED ON A 3.2 ACRE LOT LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY, PERPENDICULAR TO GATEWAY BOULEVARD, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Gregory Mire of Keith & Associates, Incorporated, is requesting to abandon the 15-foot wide utility easement located on a 3.2 acre lot, located on the east side of Federal Highway, perpendicular to Gateway Boulevard, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE 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 15-foot wide utility easement located on the east side of Federal Highway, perpendicular to Gateway Boulevard,, and more particularly described in the attached Exhibit 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 S:\CA\Ordinances~Abandonments\The Had3om.doc SECOND, FINAL READING AND PASSAGE THIS ,2003. day of CITY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Commissioner Commissioner ~TTEST: Commissioner 2ity Clerk S:\CA\Ordinances'~banclonme~ts',The Harbom.doc EXHIBIT "A" That portion of LOT 6 SAM BROWN JRS. HYPOLUXO SUBDWISION to the City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof n file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 81; less the fight-of-way for State Road 5 (U.S. Highway No. 1) described as follows: A 15 foot strip of land whose center line is commencing at that point on the North Property Line that is a distance of 786.97 feet east of the Florida East Coast Railroad fight-of-way; said point being the SE comer of Lot 12, PAS PALMAS PARK subdivision, Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 25, Page 242. Said 15 foot strip of land extends south to the sought property line to a point that is a distance of 804.19 feet east of the Florida East Coast Railway Right o-of-way. S:\CA\Ordinances'~,bandonments\The Harbom.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 15-foot wide utility easement, located on the east side of Federal Highway, perpendicular to Gateway Boulevard, Boynton Beach, Florida, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ :lay of October, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk ;TATE OF FLORIDA 3OUNTY OF PALM BEACH Kurt Bressner, City Manager ) )SS: ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach', ?lorida, known to me to be the persons described in and who executed the foregoing instrument, a nd acknowledged t he execution t hereof t o b e t heir free h and 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 October, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\On:linances'vm~andonments\The Hadxxs.doc EXHIBIT "A" That portion of LOT 6 SAM BROWN JRS. HYPOLUXO SUBDIVISION to the City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof n file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 81; less the right-of-way for State Road 5 (U.S. Highway No. 1) described as follows: A 15 foot strip of land whose center line is commencing at that point on the North Property Line that is a distance of 786.97 feet east of the Florida East Coast Raikoad fight-of-way; said point being the SE comer of Lot 12, PAS PALMAS PARK subdivision, Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court m and for Palm Beach County, Florida, recorded in Plat Book 25, Page 242. Said 15 foot slrip of land extends south to the sought property line to a point that is a distance of 804.19 feet east of the Florida East Coast Railway Right o-of-way. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-207 THRU: FROM: DATE: SUB3ECT: Chairman and Members Community Redevelopment Agency Michael W. Rumpf'~¢~'-'~ Planning and Zoning Director Eric Lee Johnson, AICP Planner August 28, 2003 Harbors Abandonment (ABAN 03-004). Abandonment of an existing 15-foot wide utility easement NATURE OF REQUEST Gregory Mire of Keith & Associates, Incorporated, is requesting to abandon the 15-foot wide utility easement located on a 3.2-acre lot. This request to abandon the utility easement was submitted on May 16, 2003. It is described as follows: That portion of LOT 6 SAM BROWN .]r.'s HYPOLUXO SUBDIVISION to the City Of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 81; less the right-of-way for State Road 5 (U.S. Highway No. 1) described as follows: A 15 foot STRIP OF LAND whose center line is commencing at that a point on the North Property Line that is a distance of 786.97 feet east of the Florida East Coast Railroad right-of-way; said point being the SE corner of Lot 12, LAS PALMAS PARK subdivision, Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 25, Page 242. Said 15 foot strip of land extends south to the sought property line to a point that is a distance of 804. i9 feet east of the Florida East Coast Railway Right- of-way. The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned. The attached Exhibit "B"- shows the precise limits of the existing utility easement to be abandoned. The following is a descriptio_n of the zoning districts and land uses of the properties that surround the subject request. North To the northeast, are developed (Las Palmas) single-family homes with a Low Density Residential (LDR) land use designation, zoned R-l-AA Single-Family Residential. To the northwest is developed commercial (gas station) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South Intracoastal Park (under construction) with a Recreation (R) land use designation, zoned Recreation (REC); Page 2 Memorandum No. PZ 03-207 ABAN 03-004 East West Right-of-way for the Intracoastal Waterway; and Rights-of-way for Federal Highway (U.S. No. 1) and the Florida East Coast Railroad, still farther west is developed commercial property with a Local Retail Commercial (LRC) land use designation, zoned Neighborhood Commercial (C-2). BACKGROUND The subject property is a long rectangular-shaped lot located on the east side of Federal Highway, perpendicular to Gateway Boulevard. The parcel was previously developed with a restaurant/ nightclub (a.k.a. Caf~ La Note, Shooters, Bay Club), tiki bar, docks, and respective parking areas. However, the property ownership changed, the nightclub was razed, and Centex Homes was approved for a site plan (NWSP 02-012) to build 51 fee-simple townhouse units on the 3.2-acres lot. Centex's site plan was approved on October 15, 2002. The accompanying land use amendment/rezoning application (LUAR 02-005) and corresponding master plan was approved a month later, on November Z9, 2002. All site development is to occur in one phase. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CZTY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South - Florida Public Utilities Company - Cable Company (Adelphia) - Cable Company (Comcast) - Approval with conditions (see Exhibit "C" - Approval) No objection No objection No objection N/A Conditions of According to the Engineering Division of Public Works, the applicant has already rededicated utility easements elsewhere on the subject property in order to provide sanitaw sewer coverage. This information is reflected on the new plat. The presence of this utility easement represents the last obstacle to the developer to develop buildings on the site. No building permits can be issued until this easement is abandoned. RECOMMENDATION Staff recommends approval of this request to abandon the 15-foot wide utility easement contingent upon satisfying all comments in the conditions of approval. Any additional conditions required by the Community Redevelopment Agency and / or the City Commission will be placed in Exhibit "C" - Conditions of Approval. . xc: Central File S:\plann~ngLShare~Wo~prolec~\Ha~oors. The~NWSP 02-012~.~.SAN 0~-004\Slaff Re,ri.doc Location Map The Harbors PUD : ST R3 I I LAKE WORTH/ I C W W THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH. FLORIDA LAND.S,f,& DESIGN~ SOI..ri'H~ EXHIBIT "B" Si(ETCH OF S ZETC H DESCRfPTION: That acrilan of LOT 6 SAM BROWN dr.'s HYPOLUXO SUBOIVISION to the City of Bo?ntan Beach, Palm Beach County. Florida, according 03 the Plat thereof on file in the office of t~e Clerk of the Circuit Court in and :or Palm Beach County, Florida, in Plat Bock i, Page 81; less the right-of-way for Stoie ~ood 5 {U.S. Highway No. I) described as follows: A 15 foot STRIP OF LAND whose center line is commencing of. that o point on lhe North Property Line that is a distance of 786.97 feet ecsr~ of the Ficrida East Coast Railroad right-of-way; said point being the SE corner of Lot 12, LAS PAL,MAS PARK ~':bdivision, Boynton Beach, Florida, brains to the plat thereof on file in the ,:ce of the and for Palm ~each County, Florida, recarcec ~ P~ct Book 25, Page 242. Said 15 foot sT:is :( ~cnd extends south to ~he sough~ sroperty dna to a point ~nat dis(anco of 80~.1g feet ecs( of the Florida East Coast Rc~i',~cy Right-of-way. Sub jar: :o e,-:isu, ng easement, or right-of-way ~( record. (as recsraed m :}rficiai Records ~ook 2256. page 1598. LEGEND: e dfsc ,~th No. L~6860 idenUfier. F ~.C ~or:d~ ~ss~ Ccas~ O.R.B. Official Records Book S ~.C~ aclm ~e:,:X County Records P.8. RIGt tx LhMIT$ LOT 1 2 ro ¢.6.0. (0.R.8. 2256. ~ ~ o' UT~LiWP'aC'~')~S~M~NT i~ ~ (O.~.~. 2229, ~7, LO~ 7 ~. ~ SA BROWN JR's su o v,s o (P.B.I,'PGL 81, P.B.C.R.) Gregory S. M;re Profess/on~l Surveyor and Mopper No. 4~37 State of Florida IJT',Li7",~ EASEMENT A. PORTION OF LOT 6, SAM BROWN jr.'s .. fP©LUXO P.B. 1, PG. 81, 80YNTOH 8~H .I0~ FAST AfL, S,'qTI¢ 80ULEVAR0 c~OiUPANO 8EACH. FLORIOA 33060-$643 (954) 788-3400 FAX (95*) 788-3500 SHEET ! rlFt DRAW[,XG N0. Survey of UE DATE o8/o~/o3 DATEj 2E',/[S[nNS FIELD ~K 18g-2! I D'qNG. RY GSa4[ EXHIBIT "C" Conditions of Approval Project name: Harbors Abandonment File number: A_BAN 03-004 DEPARTMENTS iNCLUDE REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PRIVATE UTILITIESI Comments: [ 1. Adelphia: None. X 2. Florida Power & Light: FP&L acquinng all additional easements for any and all existing or proposed FP&L facilities necessary to service any and all existing / proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to 10 foot wide easements adjacent to both sides of all major thorough fares; All easements where FP&L facilities exist are not considered abandoned until said facilities are de-energized, relocated, and / or removed; Any and all costs resulting in the relocation or removal of FP&L facilities due to said abandonment are paid by the customer and / or property owner and / or requesting party. 3. Florida Public Utilities Company: None. X 4. Bellsouth: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:\Plannmg\SHARED\W~PROJECTS'~Boynton Commerce Ct~ Boynton Commerce Cfr Lot 3B~ABAN 03-O07\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · The Harbors APPLICANT'S AGENT: Mr. Gregory Mire, PSM with Keith &Associates, Incorporated APPLICANT'S ADDRESS: 301 East Atlantic Boulevard, Pompano Beach, FL 33060 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 16, 2003 TYPE OF RELIEF SOUGHT: Abandon a 15-foot wide utility easement LOCATION OF PROPERTY: 2300 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief'sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\Shared\Wp\ProjecLs\Harbors, The\NWSP 02-012~,BAN 03-004\DO.doc