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Agenda 04-07-04The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA APRIL 7, 2004 Jerry Taylor Mayor At Large "Y~ Commissioner i / ~ ~I:)ISTI:llCT IV 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 PUBLIC PAR1/CIPAT/ON AT CITY OF BOYNTON BEACH COMMISSION MEET/NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Ttems: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKI'NG AT COMM~SSI'ON MEE'I~NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · 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. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSI'NG THE COMMISSI'ON: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA April 7, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev. Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II, OTHER: A. Informational Items by Members of the City Commission liT. ANNOUNCEMENT$~ COMlqUNITY & SPECIAL EVENT$~ & PRESENTATIONS: A. Announcements: B. Community and Special Events: 1. Boynton Beach Sister Cities Young Artists' Competition Exhibit at Schoolhouse Children's Museum - Through April 16, 2004 C. Presentations: 1. Proclamations: a. Arbor Day Proclamation - April 30, 2004 IV. PUBLIC AUDIENCE: ZNDZVZDUAL SPEAKERS WZLL BE LZMZTED TO 3-MZNUTE PRESENTATZONS (at the discretion of the ChaJr~ this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Agenda Regular City Commission Meeting Boynton Beach, Florida April 7, 2004 V. ADMINISTRATIVE: A. Accept resignation from Olive Field, Regular Member of the Senior Advisory Board B. Accept resignation from Sarah Dye, Alternate Member of the Community Relations Board C. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date I Ensler Advisory Bd on Children & Youth Stu/Voting 1 yr term to 4/04 Tabled (3) IV McKoy Cemetery Board Reg 3 yr term to 4/06 Tabled (2) Mayor Taylor Code Compliance Board Alt i yr term to 4/04 III Ferguson Community Relations Board Alt 1 yr term to 4/04 IV McKoy Community Relations Board Reg 3 yr term to 4/05 II McCray Education Advisory Board Stu 1 yr term to 4/04 Tabled (2) III Ferguson Education Advisory Board Reg 2 yr term to 4/05 Tabled (2) I Ensler Golf Course Advisory Committee Alt 5-yr term to 6/06 McCray Senior Advisory Board Reg 2 yr term to 4/05 V:~. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of March 12, 2004 2. Regular City Commission Meeting of March 16, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the contract for "THE CONSTRUCTION OF FIRE STA'I'ION #4,' BTD#034-2413-04/CJD to O'CONNOR & TAYLOR, ]~NC. of West Palm Beach, Florida, in the amount of $1,888,000 and approve an owner's contingency of 10% in the amount of $188,800 for a total project budget appropriation of $2,076,800 (Proposed Resolution No. R04-046) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida April 7, 2004 2. Approve the ranking of firms by the Evaluation Committee for the "DEVELOPMENT OF A STRATEGTC PLAN AND UPDA'I'~NG THE RECREATION AND OPEN SPACE ELEMENT OF THE C~-I'Y OF BOYNTON BEACH'S COMPREHENSi[VE PLAN," RFQ#O25-2710-O4/~D; and to authorize the Recreation and Parks Department to conduct negotiations for compensation for services C. Resolutions: 1. Proposed Resolution No. R04-047 Re: Contract between Hidden Brook Co. of Boynton Beach and the City of Boynton Beach to allow the City of Boynton Beach to use the building at 601 South Federal Highway for the purpose of Fire Rescue training 2. Proposed Resolution No. R04-048 Re: Acceptance of a Surety Escrow Agreement for the Largo Pointe subdivision in the amount of $3,710.41, and approval of a Release of Unity of Title on the subject property 3. Proposed Resolution No. RO4-O4g Re: Agreement with the South Florida Water Management District to accept a $300,000 grant for the construction of Aquifer Storage and Recovery (ASR) well #2 D. Ratification of Planning & Development Board Action: 1. Boynton Commerce Center (USAP 04-O0:L), 1800, 1900, 2000, 2100 Corporate Center Drive - Request to include "catering and food services" on the list of permitted uses within the Boynton Commerce Center Planned Tndustrial District (P:[D) 2. Renaissance Commons Phase T (HTEX 04-001), 1500 Gateway Boulevard - Request for height exception of 5' 4' to allow for the hip- roofs associated with elevator mechanical rooms and stair towers to extend above the 45-foot maximum height provision in the Community Commercial (C-3) and Planned :Industrial District (PTD) zoning districts E. Ratification of CRA Action: None F. Approve the Marina Village at Boynton Beach Record Plat, conditioned on the approving being the certification of the plat documents by H. David Kelley, .lt., PE/PSM (City Engineer and Surveyor & Mapper) and .leffrey R. Livergood, PE (Director of Public Works) G. Approve return of cash bond of $8,208.20 to Anderson-Moore Construction Corp. for the project known as the Bethesda Hospital physician's parking garage 3 Agenda Regular City Commission Meeting Boynton Beach, Florida April 7, 2004 H. Approve the performance bond for the development called Serrano, PUD (a 47 S.F.R. development abutting the east property line of Village of Golf and just north of Palmland Drive and the L-28 canal). The bond is subject to approval by the City Attorney and issuance of the land development permit. I. Approve the Coastal Bay Colony, a PUD Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, .lr., PE/PSM (City Engineer and Surveyor & Mapper) ]. Approve transfer of funds from the City Contingency Account No. 001-1211-512- 99-01 to the City Attorney's Litigation Contingency Account No. 001-1910-514- 31-14, which will provide the funding for the settlement in the matter of Vincent Molle vs. City of Boynton Beach, which settlement was approved on March 16, 2004 K. Authorize the use of Community Investment Funds to Florida Trust for Historic Preservation, Inc. - $500 requested by Mayor 3erry Taylor L. Authorize City staff to prepare a letter to South Florida Water Management District agreeing to include .03 acres of property in an off-site mangrove mitigation area on behalf of the Marina project VTT. CODE COMPLZANCE & LEGAL SE'n'LEMENTS: None VTTT. PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI-rS A. Project: Mixed Use Code Review (CDRV 04-001) (RE'TABLED ON Agent: City initiated Description: Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F. Mixed Use Zoning Districts (1sr READTNG OF PROPOSED ORDTNANCE NO. 04- ) B. Project: High Ridge Commerce Center TT Dance Studio (COUS 04-002) Agent: .~oni Brinkman, AZCP, Winston Lee & Associates Owner: Levitt Commercial High Ridge II, LLC Location: Southwest corner of High Ridge Road and Miner Road Description: Request for Conditional Use approval to allow a Dance Studio in an M-1 zoning district 4 Agenda Regular City Commission MeeUng Boynton Beach, Florida April 7, 2004 C. Project: Chick-FiI-A (COUS 03-010) Agent: Rachel Hall, InterPlan LLC Owner: Oriole Homes Corporation Location: B.]'s out parcel; south of Boynton Beach Boulevard, west of Winchester Park Boulevard extended Description: Request for Conditional Use approval for a 3,972 square foot restaurant with drive-thru restaurant on a 0.87-acre parcel in a Planned Commercial zoning district D. Special Warranty Deed conveying title from the City of Boynton Beach to Habitat for Humanity of South Palm Beach County, inc. for Lot 2, Block 12, Happy Home Heights; and Special Warranty Deed conveying title from Habitat for Humanity of South Palm Beach County, ]~nc. to the City of Boynton Beach for Lot 172, Block A, Boynton Hills (Proposed Resolution No, R04-050) ]:X, CITY I~IANAGER'S REPORT: A. Proposed Resolution No, R04-051 Re: City Commission approval of a contract and addendum for purchase and sale of a 9.3+ acre site at the corner of Gateway Boulevard and High Ridge Road, subject to successful completion of all due diligence on the acquisition B. Proposed Resolution No, R04-052 Re: Issuance by the City of Public Service Tax Revenue Bonds, Series 2004, not exceeding $19,000,000 in aggregate principal amount, to finance various capital expenditures of the City and to refinance the City's Public Service Tax Refunding Revenue Bonds, Series 1993 C. Review and discuss staff report on Stormwater ERU fee (Since 1997, the City has committed to $15.7M in projects, the total revenue received from the Stormwater Fee since 1997 is $13.9M) D. Accept the proposal from Post, Buckley, Schuh & .]ernigan, Tnc. (PBS&J) in the amount of $16,655 to prepare a condition assessment report of the Woman's Club (Proposed Resolution No, R04-053) E. Discussion of establishment of Arts Commission X. FUTURE AGENDA :[TEMS: A. City Commission Workshop regarding Utilities Projects (April 12, 2004 - 6:30 p.m. - East Water Treatment Plant) B. City Commission Workshop regarding Capital :Improvement Projects - Wilson Center, Intracoastal Park, Boynton Woman's Club, Senior Center, Tennis Center and Nautica Park (April 19, 2004 - 6:30 p.m. - Library) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida April 7, 2004 C. Discussion regarding Non Quasi-judicial Advisory Board Consolidation (April 20, 2004) D. Status Report on Old High School (April 20, 2004) E. Approval of Task Order #R04-5-04 in the amount of $81,366 to CH2M Hill, ]:nc. for architectural and engineering services for design and construction administration for Senior Center Phase :[II - Proposed Resolution No. R04- 041 (TABLED ON 05/~Z6/04 TO 05/04/04) F. Additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (May 2004) G. Workshop regarding City Hall/Public Safety Space Needs Report ('I-BA) H. Proposed Lease Agreement with Boynton Woman's Club (TBA) XT. NEW BUSINESS: None XII. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-011 Re: Amending Chapter 2. Zoning to establish a Suburban Mixed Use (SMU) zoning district to support and enhance development and redevelopment opportunities in suburban areas outside of the downtown redevelopment area 2. Proposed Ordinance No. 04-013 Re: Development of Regional ]:mpact Amendment (DR]A) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DRT project from Motorola to Renaissance Commons 3. Proposed Ordinance No. 04-016 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre (503 N. Seacrest Boulevard) 4. Proposed Ordinance No. 04-017 Re: Rezone from C-2 Neighborhood Commercial to R-i-A Single Family (503 N. Seacrest Boulevard) Agenda Regular City Commission Meeting Boynton Beach, Florida April 7, 2004 5. Proposed Ordinance No. 04-018 Re: Amending Land Development Regulations, Chapter 20 Buildings, Housing &. General Construction, Section 8, Subsection C.2, and Chapter 15 of the Code of Ordinances, Section 15-16 providing more specific criteria for exterior identification/numbering B. Ordinances - 1~ Reading 1. Proposed Ordinance No. 04-019 Re: Annexation of 17.12- acres of unincorporated land to be concurrently reclassified and rezoned for 17 single-family homes (Bermuda Bay) 2. Proposed Ordinance No. 04-020 Re: Amending the Comprehensive Plan Future Land Use Map to reclassify 17.12-acres from MR-5 Residential (Palm Beach County) to Low Density Residential (4.84 du/ac) (Bermuda Bay) 3. Proposed Ordinance No. 04-021 Re: Rezoning 17.12-acres from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm Beach County) to R1-AAB Single Family Residential (Bermuda Bay) 4. Proposed Ordinance No. 04-022 Re: Amending the Comprehensive Plan Future Land Use Map to reclassify 18.32-acres from Agriculture (A) to Low Density Residential (4.84 du/ac) (Anderson PUD) 5. Proposed Ordinance No. 04-023 Re: Rezoning 18.32-acres from AG-Agriculture to PUD-Planned Unit Development (Anderson PUD) 6. Proposed Ordinance No. 04-024 Re: Amending the Comprehensive Plan to add 1 ob.~ective and 3 policies to the Future Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central Business District 7. Proposed Ordinance No. 04-025 Re: Reclassifying multiple properties totaling +15.036 acres from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay 8. Proposed Ordinance No. 04-026 Re: Amending Chapter 13, "Licenses," Article T, "Occupational Licenses" of the Code of Ordinances to amend Section 13-7, "Application and Reapplication Fee," providing for additional inspection fees if additional inspections warranted by the applicant's proposed use of property and amending Section 13-25, "Businesses that handle hazardous materials or waste" of the Code of Ordinances 9. Proposed Ordinance No. 04-027 Re: Amending Chapter 1, "General Provisions," Article VT]~, "Appeals," Section 1.D of the Land 7 Agenda Regular City Commission Meeting Boynton Beach, Florida April 7, 2004 Development Regulations removing environmental review permits from the City Commission appeal process; amending Chapter 2, "Zoning," Sections 4.N, 5, 6, 7, and 8 of the Land Development Regulations, providing for Fire Department hazardous material disclosure toxic substance permits in accordance with Part TI, Section 9-71 of this code with respect to various uses within each zoning district; deleting Section :~1.1.I; and deleting Section 11.3, removing the use of the Environmental Review Committee from the environmental review permit approval process 10. Proposed Ordinance No. 04-028 Re: Amending Chapter 9, "Fire Protection and Prevention," amending Section 9-30, "Duties of Officers" of the Code of Ordinances, authorizing officers of the Fire and Life Safety Division to enforce all laws concerning toxic substances and amending Section 9-7:1, "Disclosure and Safety Requirements," of the Code of Ordinances, requiring a hazardous material disclosure/toxic substance permit for all businesses, new and existing, using, handling, storing or displaying hazardous or toxic substances C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None XZV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COMMISSION WITH RESPECT TO ANY MAll-ER CONSIDERED AT THIS MEI_:I-ING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE~ PROGRAM~ OR ACTIVITY CONDUCTED BY THE cTrY. PLEASE CONTACT IOYCE COS-FELLO, (56].) 742-60].3 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE C]TY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 4/2/2004 2:02 PM S:\CC\WP\CCAGENDA'~,GENDAS\YEAR 2004\040704 FINAL AGENDA.DOC 8 O ZZL-ANNOUNCEf4ENTS & PRESENTATZONS CITY OF BOYNTON BEA( Item C.l.a AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June I, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Make proclamation. EXPLANATION: The proclamation will be for April 30, 2004, the last Friday of April, to be Arbor Day in the City of Boynton Beach PROGRAM IMPACT: The proclamation allows the City to receive Tree City USA designation for the 20th year in a row. FISCAL IMPACT: This request has no effect on the budget. ALTERNATIVES: The National Arbor Day Society requires a proclamation to certify. The organization has certified the bC~;:~r°ey~e~i~yB.eachf°rthe~ast~ineteenyears~an~it~w°~dm~tainac°ntinu°~2c~e°ftheCity°fB°ynt°nBeach~/~ ~~"~/~_.-r_~ '-~,~.r~~l~O z~ep[u~rn~ht Head's Signature /! u City Manager's Signature / Department Name City Attorney / Finance / Human Resources S:'~BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 30, 2004 as: ARBOR DA Y in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda to be affixed this 7th day of April in the Year 2004. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:V3C\Wl~CCAGENDA~Proclamations\Year 2004V~t)or Day - 2004.doc V. ADMINISTRATIVE ITEM A. VI.-CONSENT AGENDA CITY OF BOYNTON BE3 ITEM B.1 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the contract for "THE CONSTRUCTION OF FIRE STATION #4", BID#034-2413-04/CJD to: O'CONNOR & TAYLOR, INC. of West Palm Beach, Florida in the amount of: $1,888,000.00 and approve an owner's contingency of 10% in the amount of $188,800.00 for a total project budget appropriation of $ 2,076,800.00. EXPLANATION: On March 11, 2004, Procurement Services received and opened seven bids, six of which were responsive. The proposals have been evaluated by our design consultant, CH2M Hill, as well as our Engineering Department and it was determined that O'Connor & Taylor, Inc. was the lowest, most responsive, responsible bidder who meets all specifications. David Stump, Project Manager, concurs with this recommendation (see memo #04-045). PROGRAM IMPACT: The purpose of this bid is to seek a Contractor to furnish all materials, equipment, and labor to perform all work in order to construct Fire Station #4. FISCAL IMPACT: The Fire Assessment Fund has an allocation of $5,563,097 budgeted for construction of Fire Stations as follows: Fire Station #1 - $1,459,048; Fire Station #2 - $ 3,295,001; and Fire Station #4 - $1,459,048. Construction of Fire Station//4 (Proiect CP0302): Account Description Account Number Buduet Amount Building Improvements 305-4118-580-62-01 $1,300,000.00 Contingency 305-4118-580-99-01 159~048.00 Total Allocated for Fire Station 04 $1,459,048.00 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM A budget adjustment will be made within the construction accounts to fund the difference of $617,752.00 for Fire Station #4. Deputy Dkector of Financial Services ' City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:~BULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC C: Dave Stump - Project Manager David Liu - Deputy Fire Chief Rich Fiege - Facilities Manager File DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 04-045 TO: Bill Atkins, Department Director Finance THRU: H. David Kelley, Jr., City Engineer FROM: David A. Stump, Project Manager DATE: March 16, 2004 RE: Construction of Fire Station #4 1919 S Federal Hwy Bid # 034-2413-041CJD Bids were received and public opened for the above noted project on March 11, 2004, with you in attendance. Out of potentially seven (7) contractors, six (6) submitted bids. Our design consultant, CH2M-HILL, has reviewed the bid packages submitted. The apparent Iow bidder was O'Connor & Taylor with a proposed bid amount of $1,888,000 (contract) plus a 10% contingency to be included for a total budget of $2,076,800.00. They have also checked the references submitted by the proposed Iow bidder. Attached is the original letter from our consultant. Based upon the bid package, our consultant's March 15th letter recommends the award for this project to O'Connor & Taylor. This office concurs with the recommendation. The account number is 305-4118- 580,49=1=7=for Fire Station ~4 (CP0302). -62-01 Please present this recommendation to the City Commission for their approval. If any additional information is required, please call me at extension 6486. HDK/DAS/aa Attachment Xc: Jeff Livergood, Director of Public Works William Bingham, Fire Chief Carol Kribs, Administrative Secretary File S:~Engineering\Csd~Projects\Fire Station ~t\04-045 - Al~ins - Construction Of FS 4.doc ~ CH2M HILL One Ha~vard Circle West Palm Beach, FL 33409-1923 Tel 561.515.6500 CH2MHILL F,, 56 .5,s.= March 15, 2004 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 ATT: Mr. David Stump, Project Manager RE: Boynton Beach Fire Rescue # 4 Bid # 034-2413-04/CJD Bid Recommendation Dear David: Bids were received and publicly opened and read aloud on March 11,2004 for the above referenced project. Of the seven (7) General Contractors taking plans, six (6) Contractors actually submitted bids. The Bid Tabulation Sheet and Register of bid are attached. We reviewed the Bid Submittal of the three (3) low bidders. The apparent low bidder O'Connor & Taylor, Inc. submitted a bid of $1,888,000. The Bid Package submitted was complete and appears to be a responsive bid in accordance with the Contract documents. References check gave favorable comments in all aspects of their working relationship with O'Connor & Taylor and would recommend them on future projects. Therefore, based on our review of the Bid Submittal, the positive reference feedback and the assumption that Boynton Beach will find the bid submittal complete and in proper order, we recommend that O'Connor & Taylor be selected as the successful low bidder. Should you have any questions, please call. Very truly yours, , Mike Flattery Project Manager P\Boyrrton Beach F.S. # 4~admin\ltr stump\bid recommendation_03~ t 5~04 1 RESOLUTION NO. R 04- 2 a A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE AWARD OF BID FOR 5 THE CONSTRUCTION OF FIRE STATION #4, BID NO. $ 034-2413-04/CJD, TO O'CONNOR & TAYLOR, INC., IN 7 THE AMOUNT OF $1,888,000.00; AUTHORIZING THE 8 CITY MANAGER TO EXECUTE THE ATrACHED 9 CONTRACT, AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, on March 11, 2004, Procurement Services received a 13 recommendation from the Engineering Division to award the bid for the construction of 14 Fire Station #4, (Bid No. 034-2413-04/CJD) to O'Connor & Taylor, Inc., who was the 15 most responsive bidder that meets all specifications; and 16 WHEREAS, the City Commission, upon recommendation of staff, deems it to be 17 in the best interests of the citizens and residents of the City of Boynton Beach, to award 18 this bid (#034-2413-04/CJD), and enter into a conttract with O'Connor & Taylor, Inc., in 19 the amount of $1,888,000.00. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 2~ Section 2. ' The City Commission of the City of Boynton Beach, Florida, upon 26 recommendation of staff, hereby approves the award of this bid (gO34-2413-04/CJD) for 27 the construction of Fire Station #4 to O'Connor & Taylor, Inc., and authorizes the City 28 Manager to execute a Contract between the City of Boynton Beach and O'Connor & S:\CA\RESOV~greements\Bid Awards'4~id Award - Fire Station No. 4.doc Taylor, Inc., a copy of which is attached hereto. 2 Section 3. That this Resolution shall become effective immediately. 3 PASSED AND ADOPTED THIS __ day of April, 2004. 4 5 C1TY OF BOYNTON BEACH, FLORIDA 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 25 City Clerk 27 28 20 30 S:\CA\RESO'~,greements\Bid Awards~Bid Award - Fire Station No. 4.doc BID TITLE: CONSTRUCTION OF FIRE STATION #4 BID NUMBER: #034-2413-04/CJD CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 6th day of Agril,2fl~, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and O'CONNOR & TAYLOR.. INC. (Check One~ .a Florida Corporation (_X_) a Florida General Partnership ( ) a Florida Limited Partnership (__) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: CONSTRUCTION OF FIRE STATION #4 WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the _1 lth__ day of_MARCH , 2004, for the total bid amount of $1 ?SIR:000_00; and, WHEREAS, On the _6th__ day of April,_2fl~, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 280 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C-1 Utilities Department Rev. 12/30/03 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.I.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Technical Specifications 2.2.10.Contract Drawings and Plans 2.2.11.Addenda 2.2.12.Written directives or interpretations 2.2.13.Manufacturers warranties C-2 Utilities Department Rev. 12/30/03 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials fumished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Fumish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed C-3 Utilities Department Rev. 12/30/03 in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the tirhe of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 280 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. C-4 Utilities Department Rev. 12/30/03 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $1,000.00 .net day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 280 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification C-5 Utilities Department Rev. 12/30/03 required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insUrance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. 10.2~ All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is ~ C-6 Utilities Department Rev. 12/30/03 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction ( GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14~ TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or tmavailability of materials, the sole remedy available to Utilities Department Rev. 12/30/03 CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-I 8, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to Form: C-8 Utilities Department Rev. 12/30/03 City Clerk City Attomey Signed, sealed and witnessed O'CONNOR & TAYLOR, INC. in the presence of: President or Vice Presidem Attest as to CONTRACTOR State of Florida ) ) SS: County of Palm Beach ) On this __ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-9 Utilities Deparlmem Rev. 12/30/03 - ~ ~ aaa 0 z '~ a ~m :;0~ > m ~ z a ~00 Z 0 m ~ m -- ~m o~ ~ ~ 0 o 0 c~ o~ z° o o~ ~ ~ o~ o o , ~ ~ 0 ~ m ~ m C~ ~ ~ m m -- m m ~ ~ z > ~ 0 z ~ ~m ~ z ~ ~ ~ ~ ~ ~ 0 0 ~ ~ o ~ 0o m m ~ ~ ~ c m ~ ~ ~ 0 o ~ - ~ 0 -- ~ ~ ~ ~ ~ ~ m ~ z ~ ~ ~ ' ~ m o o > · C ~ __~ 0 zm ~~2 °~ ~ c, ~ =~~ ~ ~ -- ~ ~ m ~ o ~ ~ ~< ~ < o 0~ o--~ - - ~ Z~ ~ _ o~ ~ o ~ >~ ~ z~~u ~ < ~ ~ < m ~m~ m m m m ~ m m m~ ~ ~.~ ~ ~ ~ · ~ o ~0~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ 0 m · ~ ~ z~ ~~< ~ 0 m m=~m m ~ ~ ~m m m~~ m~ ~ ~ ~o O~ =~ ~ z m 0 0 O; > ;o Z m m m c:);O _ - m 0 tm ~ 0 ~~ cO0 0 0m zz m m m ~> m< ~0 m;0 o ~)~ o 0 0 0 g VI.-CONSENT AGENDA CITY OF BOYNTON BEA¢ ITEM B.2 AGENDA ITEM REQUEST F, Requested CiD' Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5.2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the ranking of firms by the Evaluation Committee for the "DEVELOPMENT OF A STRATEGIC PLAN AND UPDATING TIlE RECREATION AND OPEN SPACE ELEMENT OF THE CITY OF BOYNTON BEACH'S COMPREItENSIVE PLAN", RFQ#025-2710-04/CJD; and, to authorize the Recreation and Parks Department to conduct negotiations for compensation for services. EXPLANATION: On January 28, 2004 Procurement Services opened and tabulated seven (7) submittals for the "Development of a Strategic Plan and Updating the Recreation and Open Space Element of the City of Boynton Beach's Comprehensive Plan", RFQ #025-2710-04/CJD. An Evaluation Committee was formed to review, rate, and score proposals. The Evaluation Committee members are: Wilfred Hawkins, Assistant City Manager; Wally Majors, Director of Recreation and Parks; John Wildner, Deputy Director of Recreation and Parks; Virginia Shea, Senior Recreation Manager; Barbara Meacham, Parks Landscape Planner; Dick Hudson, Senior Planner; and Hanna Matras, Planner. The Evaluation Committee met in public session on February 18, 2004 to discuss and rank the proposals. The ranking of the firms by the Evaluation Committee are as follows: 1. Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. 2. Wade-Trim, Inc. 3. Bucher, Willis & Ratliff Corporation 4. Nova Southeastern University 5. Greenplay, LLC 6. Thomas Group, Inc. 7. The RMPK Group, Inc. The top two firms were invited to give a presentation to the Evaluation Committee. The presentations were provided on March 2, 2004 in a public session. After considering the presentations it was the consensus of the Evaluation Committee that Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. was the top ranked firm. As it relates to the City's Comprehensive Plan, the Recreation & Open Space Element was originally written in 1986- 87, and adopted in 1989. Our last update was adopted in 2000. A formal revision is due to the Department of Community Affairs by November 2005. S:'~BULLETINZFORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Desired outcomes include the development of a Strategic Plan for the Department. This will include the development and/or affirmation of long-range strategies for our programs, services, parks, resources and organizational structure. The scope of work includes: · Analysis of Existing Conditions · Development of a Long Range Vision for the Department · Development of an Implementation Strategy · Codification of the vision and implementation strategy in the Recreation & Open Space Element Timeline: Part I Analysis of existing conditions 1 month Part II Development of a Long Range Vision 2 months Part III Implementation Strategy 1 month Part IV Comprehensive Plan Element 1-2 months TOTAL PROJECT TIMELINE 6 MONTHS PROGRAM IMPACT: The RFQ was issued to secure the services of a qualified consultant firm to assist the City in evaluating the organizational structure of thc Recreation and Parks Department, and provide the Community with a long-term strategy for further expansion and enhancement of recreation programming, operations, and facilities. FISCAL IMPACT: At this time there is no fiscal impact in approving the ranking of the firms. Approving the recommended ranking of firms only provides staff approval to move forward with the next step in the selection process. That is, entering into negotiations for the costs of consultant services to be performed. Negotiations will be conducted with the top ranked firm, and upon completion will be presented to Commission for approval. ALTERNATIVES: The Evaluation Committee has made a best effort in identifying to City Commission the top firm for providing the consultant services, however, the City Commission does not need to take the recommendation of the Evaluation Committee. The City Commission has the option of modifying the ranking of the firms, conducting interviews of firms and making a selection, or reject the Request for Qualifiq~tion.~(RFQ). Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources cc: Wally Majors - Director of Recreation and Parks File S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 04-34 RECEIVED TO: Bill Atkins, Deputy Director of Financial Servi 14~R 2 2 200/~ FROM: Wally Majors, Recreation & Parks Director ~ · ~ ~ - ~ DATE: March 8, 2004 SUBJECT: RFQ#025-2710-04/CJD The following Evaluation Committee was created to review, rate and score proposals received as part of the RFQ#025-2710-04/CJD (Development of a Strategic Plan and Updating the Recreation and Open Space Element of the City Of Boynton Beach's Comprehensive Plan): John Wildner, Deputy Recreation & Parks Director; Virginia Shea, Senior Recreation Manager; Barbara Meacham, Parks & Landscape Planner; Wilfred Hawkins, Assistant City Manager; Dick Hudson, Senior Planner; Hanna Matras, Planner; and Wally Majors, Recreation & Parks Director. A public evaluation was conducted on February 18, 2004 by the committee. The seven proposals that were submitted as part of the RFQ were reviewed, rated and scored (see attached). The top two finns, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., and Wade-Trim were invited to prepare a presentation for the committee and the public, which was done March 2, 2004. The two firms were ranked in this order: 1. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 2. Wade-Trim Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. has performed in a satisfactory manner on many projects of similar nature. The Evaluation Committee considers Gladding Jackson Kercher Anglin Lopez Rinehart, Inc. competent and well qualified to perform this project. The Recreation & Open Space Element of the City's Comprehensive Plan was originally written in 1986-87, and adopted by the City Commission in 1989. The last update was adopted in 2000. A formal revision is due to the Department of Community Affairs by November 2005. The desired outcomes of this project will include the development of a Strategic Plan for the Department. This will involve the development and/or affirmation of long-range strategies for our programs, services, parks, resources and organizational structure. The scope of work includes: Analysis of Existing Conditions · Development of a Long Range Vision for the Department · Development of an Implementation Strategy Page 1 of 2 · Codification of the vision and implementation strategy in the Recreation & Open Space Element Timeline: Part I Analysis of existing conditions 1 month Part II Development of a Long Range Vision 2 months Part III Implementation Strategy 1 month Part IV Comprehensive Plan Element 1-2 months TOTAL PROJECT TIMELINE 6 MONTHS Funds in the amount of $60,000 are available for the Updating of the Strategic Plan and Updating the Recreation and Open Space Element of the City's Comprehensive Plan in account number 172-2712-572-49-17 (Other Contractual Services). Please prepare an Agenda Item Request Form for the April 6, 2004 City Commission meeting to request approval to begin contract negotiations. /wm xc: Wilfred Hawkins (w/o attachments) Page 2 of 2 Development of Strategic Plan and Updating of the Recreation & Open Space Element of the City's Comprehensive Plan SCORE TABULATION Name of Firm Name of Rater WM DH HM WH BM VS JW TOTAL Gla.ning, Jackson 100 100 97 90 93 83 96 659 Wade-Trim 100 97 88 94 92 88 93 652 BWR 95 74 60 92 82 81 88 572 Nova 30 31 47 71 50 55 50 334 Greenplay 75 83 62 72 66 67 63 488 Thomas Group 38 21 32 53 47 25 38 254 RMPK 82 70 60 81 62 66 63 484 RATERS: WM - Wally Majors DH - Dick Hudson HM- Hanna Matras WH - Wilfred Hawkins BM - Barbara Meacham VS - Virginia Shea JW - John Wildner VI.-CONSENT AGENDA ITEM CITY OF BOYNTON BEM AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested CiW Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) [] Administrative [] Legal I NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing crt [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of contract between Hidden Brook Co. of Boynton Beach and the City of Boynton Beach. EXPLANATION: Hidden Brook Co. will allow the City of Boynton Beach to use the building at 601 South Federal Highway for the purpose of Fire Rescue training ( new Firefighter Orientation). PROGRAM IMPACT: Fire Rescue personnel will get realistic training in a 2 story commercial building. With the influx of new personnel this training would be invaluable. FISCAL IMPACT: No cost to City. ALTERNATIVES: Props cost time, materials, money, and tlxey are rarely realistic. Years of Fire Rescue Training experience d)etates that real buiidings~vide the best training at the least cost. Department~d's Signature City Manager's Signature Fire Chief William BinF~ham Department Name City Attorney / Finance / Human Resources Fire Rescue S:~BULLETINLFORMSL~GENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 6 AND DIRECTING EXECUTION OF AN AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND 8 HIDDEN BROOK COMPANY, FOR FIRE RESCUE 9 TRAINING; AND PROVIDING FOR AN EFFECTIVE lO DATE. 11 12 WHEREAS, the City's Fire Department desires to use the building located at 601 13 South Federal Highway, Boynton Beach, Florida for the purpose of fire rescue training 14 exercises; and 15 WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is 16 an invaluable tool to the department and the citizens and residents of the City; 17 WHEREAS, the owner of the building, Hidden Brook Company, has agreed to allow 18 the City to use the aforesaid building for fire rescue training sessions; 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and 22 incorporated herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 hereby authorizes the execution of an Agreement between the City of Boynton Beach and 25 Hidden Brook Company, allowing the use of the building at 601 South Federal Highway, 26 Boynton Beach, Florida, for fire rescue training purposes. A copy of that Agreement is 27 attached hereto and made a part hereof. 28 Section 3. That this Resolution shall become effective immediately upon passage. Ca/reso/agreernentrdbbfd/Hidden Brook- Fire Rescue Training 1 2 PASSED AND ADOPTED this __ day of April,.2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 26 (Corporate Seal) 27 28 29 Cah'eso/agreernents/bbfd/Hidden Brook- Fire Rescue Training FIRE TRAINING AND CONTROLLED BURN AGREEMENT THIS AGREEMENT is made on this day of "&'~ :~ .~ ~-~ ~ :_~_, 2004, by and between the City of Boynton Beach, Florida, a municipal corporation, with a business address of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as "City") And Hidden Brook Corporation, with an address of 65 Spanish River Drive, Florida (hereinafter referred to as "Owner"), together referred to as the "Parties". WITNESSETH: WHEREAS, the City's Fire Rescue Department desires to conduct live fire bum training exercises ("Controlled Bum Exercises") involving real property and structures for its probationary and incumbent firefighters; and WHEREAS, Owner of real property in the City desires to demolish structure(s) on the property and has offered the City's Fire Rescue Department the opportunity to use the property for live fire structure burn training to be held during May 15, 2004 thru June 30, 2004; and WHEREAS, the structure(s) on the real property is/are owned by Owner, is/are described in this Agreement, and meet the criteria for Controlled Bum Exercises; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein set forth, it is agreed as follows: 1. Whereas Clauses. The above written WHEREAS clauses are correct and true, and are made a part of this Agreement. 2. Owner in fee simple. The undersigned Owner(s) hereby warrants and represents to the City by their signature(s) below that Owner(s) is the fee simple title holder of record and is qualified to enter into agreements representing the property described below, with an address of 601 S. Federal Highway, Boynton Beach, Florida, hereinafter referred to as the "Property" and more particularly described as: PENCES SUB NO 1, LTS 1 &4 (LESS ELY 13 FT US HIGHWAY NO. 1 R/W) BLK 3, according to The Plat thereof as recorded in ORB 11816 PAGE 1895, of the Public Records of Palm Beach County, Florida 3. Actual Authori _ty. Owner represents and acknowledges that all mortgage holders and lien holders upon the Property consent to the City's use of the property in the manner described herein, and acknowledges that the City is relying on the representations of Owner in entering into this Agreement. ca/agn~s/BBFD/Burn 601 S. Federal highway I 4. Ownership Indemnification. Owner further agrees to-hold harmless and indemnify the City or any of its officers, employees, agents, representatives or servants fi.om any and all damage, actions, suits, claims or demands of whatever kind, made by or on behalf of any person or entity as a result of Owner's representation regarding ownership and right of possession, to the Property, including but not limited to reasonable attorneys' fees, all costs of litigation and investigation expenses caused by said damage, actions, suits, claim or demand. 5. Consent of Owner. Owner hereby acknowledges and agrees that Owner is entering into this Agreement with the understanding that the Property and structure(s) described in this Agreement will be burned by fu'e and partially or fully demolished by the Controlled Bum Exercises. Owner further understands, acknowledges and agrees that the value of the Property may or may not decrease as a result of the Controlled Bum Exercise; Owner hereby understands, acknowledges and agrees that no cause of action for loss or damages or diminution in value by Owner shall lie against the City as a result of the execution of the Controlled Bum Exercise and that by signing this Agreement, Owner has relinquished the right to bring a lawsuit or make any claim or demand on the City for any loss or damage to Property resulting from the execution of the Controlled Burn Exercises. 5. I Nothing in this Agreement shall be interpreted or construed to be the City's taking of private property without just compensation to Owner. 5.2 Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City. 6. Burning of Structures, Description, Remediation. Owner hereby grants the City the right to enter upon the Property for the purposes of preparing for and conducting training sessions for Fire Rescue Department personnel and specifically for the purpose of burning the structures located on the Property. 6.1 Owner further acknowledges and agrees that the City shall have no obligation whatsoever to clean up and/or remove any debris found on the Property, other than as the City deems necessary, for the purpose of conducting the Controlled Bum training sessions for the Fire Rescue Department. 6.2 Owner agrees that any clean up on the Property after the completion of the Controlled Bum training session is at the sole discretion of the City and Owner shall be responsible for any costs associated with the clean up of the Property after the Controlled Bum training session, to be paid upon demand. 7. Liability. Acknowledging the exceptions of set forth in paragraph 4, "Ownership Indemnification" and paragraph 5, "Consent of Owner", the City and Owner agree that each party shall be responsible for any and all damages incurred as a result of their respective negligence. catagmls/BBFD/Bum 601 S. Federal highway 2 7.1 Indemnification and Subrogation. The parties further agree that in the event liability or damages are imposed against a party who was not at fault, then the party at fault shall indemnify the non-faulting party. Such indemnification shall include reimbursement for any and all damages, actions, suits, claims or demands, arising from loss, injury or death to any person or property, including but not limited to reasonable attorneys fees, cost of litigation, investigation costs. 8. Term of Agreement. This Agreement shall be take effect upon approval and execution of this Agreement authorizing the Fire Rescue Department to perform or execute the Controlled Bum Exercise on the Property. The Agreement is for a term of one (1) year from the date executed above. The covenants concerning indemnification and liability shall remain in effect after the termination date. 9. Termination. The City reserves the right to reschedule, cancel or terminate this Agreement prior to conducting the Controlled Bum Exercise for any reason ~vhatsoever. 10. Notice of Commencement. The City shall notify Owner in writing, by certified mail, hand delivery or facsimile transmission of the date(s) it intends to perform the Controlled Bum Exercise on the Property. The City shall notify Owner in writing, by certified mail, of the date of completion of the Controlled Burn Exercise on the Property. 11. Assignment. This Agreement shall not be assigned, transferred or otherwise encumbered by the Owner. 12. Compliance with Governing Law. Owner and City agree to faithfully observe and comply with all applicable federal, state, and local laws, including but not limited to codes, ordinances, and regulations. 13. Venue. The parties agree that this Agreement shall be governed under the law of the State of Florida and venue for any dispute arising out of this Agreement shall be in Palm Beach County, Florida. 14. Notice. Whenever notice is given by a party, it must be given by written notice, sent by certified United States mail, return receipt requested, by hand delivery or by facsimile transmission addressed to the following: CITY: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425~0310 ATTN: City Manager Fax (561) 742-6011 ca/agmts/BBFD/Bum 601 S. Federal highway 3 COPY TO: James A. Cherof, City Attorney CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 Fax: (561) 742-6054 OWNER: Christiane Francois, President of Hidden Brook Corporation. 65 Spanish River Drive Boynton Beach, Florida 33435 Fax: (561) 15. Entire Agreement. This Agreement represents the entire and integrated agreement between the City and the Owner and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement-may be amended only by mutual agreement of the parties, upon written instrument of the same integrity, signed by both the parties. 16. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 17. Severability. If any provision of this Agreement or apphcation thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 18. No Contingent Fees. Owner warrants that it has not employed or retained any company or person to secure this Agreement, and that it has not been paid any fee, or agreed to pay any person, company, corporation, individual or firm, any fee, commission, percentage, gift, or other consideration contingent upon or resulting fi.om the award or makip., g of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, and to otherwise recover the full amount of damages, if any, assessed against the City, arising fi.om the violation of this provision. 19. Insurance Certification. Owner agrees to read and sign the Insurance Certification below. INSURANCE CERTIFICATION Owner certifies that any and all insurance on the aforesaid building has been cancelled or there is a non-existence of such insurance on the said structure, and that the existence of any insurance on the structure, of any kind, would constitute perjury and establish prima facia evidence of intent to defraud which offenses are punishable by a court of competent jurisdiction. cadagrnts/BBFD/Burn 601 S. Federal h/ghway 4 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this __ day of ,2004. CITY OF BOYNTON BEACH Attest: BY JANET PRAINITO, CITY CLERK Kurt Bressner, City Manager APPROVED AS TO FORM: Office of the City Attorney . OWNER: Signatu~? BY t/~~-,o~~/~~ Z.~-goo ~ Print Nme Print Nme . ~ Silage ~ STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared [Owner]~(;,-~t'~/-zam, ao~, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. ca/agmts/BBFD/Burn 601 S. Federal h/ghway 5 IN WITNESS OF THE FOREGOING, 1 have set my hand and official seal at in the State and County aforesaid on this/_~ay of /l~Or~/q 2004. My Commission Expires: ca/agrnts/BBFD/Bum 601 S. Federal highway 6 ABOUT YOUR PROPERTY Property AddreSs: ~;0 ! S~ ~-¢L~~ ~ (Property must be in the city limits of Boynton BL~ch) Residential Property ID commercial Pr°Pertv ~ Reason for demolition: ~'~,~~ ~,~u.,.~,_~L ~ You will be responsible to have your demolition contractor secure a demo/it/on permit from the City of Boynton Beach Bui/din_q Division. Ca//561-742-6355 or 742-6351. Zf your buildinq or structure is commercial or has more than 4 Iivin_q units you wi//be responsible to secure an asbestos abatement survey and permit from the Palm Beach County Health Department at 561- 355-3136. If you have any questions, please contact Division Chief Tim Valentine'-Boynton Beach Fire Rescue Department 561-742-6326. VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEA AGENDA ITEM REQUEST l 'ugaw Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve acceptance of a Surety Escrow Agreement (Exhibit A - attached) in the amount of $3,710.41, and approval and execution of a Release of Unity of Title on the subject property. EXPLANATION: This surety is required for site restoration for the Largo Pointe subdivision in connection with the Land Development Permit in accordance with the Land Development Regulations. The surety shall be held until site improvements are substantially complete. This property is also affected by a Unity of Title, dated 9/13/94, recorded in ORB 8426, at page 1578, Public Records of Palm Beach County. By execution and acceptance of this Release, the City releases the property from the Unity of Title and declares the property free and clear of the operation and effect of the same. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A . L~e~ood, P.E. ~~City Manager's Signature Public Works/Engineering Division Department Name City Attorney / Finance / Human Resources SABULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING THE CITY MANAGER TO 6 EXECUTE: 1) A SURETY ESCROW AGREEMENT IN THE 7 AMOUNT OF $3,710.41, FOR SITE RESTORATION FOR 8 THE LARGO POINTE SUBDIVISION, AND 2) A RELEASE 9 OF UN1TY OF TITI.E FOR LARGO POINTE; AND 10 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the purpose of the Escrow Agreement is to ensure the restoration of the 14 Largo Pointe development site to its original condition which includes such costs as road 15 repair, seeding and mulching the site and damage to other public facilities, pursuant to 16 Chapter 8, Article 6 of the land Development Regulations of the City; and 17 WHEREAS, the City of Boynton Beach approved a site plan in June, 2003 for the 18 development of a townhouse project known as Largo Pointe Villas, which property was 19 affected by a Unity of Title, dated September 13, 1994, recorded in ORB 8426, at page 1578, 20 Public Records of Palm Beach County, Florida; and 21 VqItEREAS, upon recommendation of staff, the City Commission deems it to be in 22 the best interest of the citizens and residents of the City to: 1) accept and execute an Escrow 23 Agreement between Phegley Corp., and the City of Boynton Beach, for the Largo Pointe 24 subdivision, and 2) to accept and execute a Release of Unity of Title, copies of both 25 documents being attached hereto and made a part hereof. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section I. The foregoing Whereas clauses are true and correct and are now ratified 29 and confirmed by the City Commission. 30 Section 2. The City Manager is hereby authorized and directed to execute an Escrow S:\CA\RESOV~greements\Escrow Agreement and Release of Unity of Title - Largo Pointe,doc 1 Agreement between the City of Boynton Beach and Phegley Corp., and a Release of Unity of 2 Title for Largo Pointe, copies of the documents being attached hereto and made a part hereof. 3 Section 2. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this __ day of April, 2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 12 Vice Mayor 14 15 Commissioner 16 17 18 Commissioner 2O 21 Commissioner 22 23 City Clerk 24 25 26 S:\CA\RESO~Agreements\Escrow Agreement and Release of Unity of Title - Largo Pointe.doc ESCROW AGREEMENT THIS ESCROW AGREEMENT, entered into this day of , 2004, by and between Phegley Corp., a Florida Corporation, hereinafter referred to as the DEVELOPER, located at 2001 Intracoastal Drive, Fort Lauderdale, FL 33305, with the City of Boynton Beach, a municipal corporation located at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425, existing under the laws of the state of Florida hereinafter referred to as CITY. WITNESSETH: WHEREAS, DEVELOPER proposes to plat the development under the name of Largo Pointe; and WHEREAS, the CITY requires the DEVELOPER desires to deposit in an escrow account with the CITY the funds which will serve as a restoration surety as described and defined in Chapter 8, Article 6 of the City's Land Development Regulations ("REGULATIONS"); and NOW THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated by reference. 2. Escrow Amount. DEVELOPER hereby deposits into escrow with the CITY the sum of THREE THOUSAND SEVEN HUNDRED TEN and 41/100 DOLLARS ($3,710.40) (the "Escrow Amount"). The Escrow Amount shall be deposited in an interest bearing account and all interest earned thereon shall be added to the principal and thereafter considered part of the escrow Amount. The CITY shall hold the escrow Amount and disburse the same only in accordance with the terms of this Agreement. 3. Terms of Escrow. The purpose of the Escrow Amount is to ensure the restoration of the development site to its original condition which includes such costs as road repair, seeding and mulching the site, and damage to other public facilities, ("Scope of Work"), pursuant to Chapter 8, Article 6 of ~the Land Development Regulations of the CITY. The CITY shall release and disburse the Escrow Amount as follows: a. The deposited funds shall be released to the DEVELOPER only upon written approval of the City Engineer as the authorized representative of the CITY. Such approval shall be issued by the City Engineer in accordance with the requirements of the Regulations. Upon completion of the Required Improvements in accordance with the requirements of the regulations, the CITY by the City Engineer as its authorized agent, and in accordance with the requirements of the regulations, shall approve the release to the DEVELOPER of any remainder of said funds. b. If the CITY determines that the Scope of Work has not been completed in accordance with the approved plans and the City's Land Development Regulations, the CITY shall give written notice to the DEVELOPER itemizing the portions of the Scope of Work remaining uncompleted. If the Scope of Work remains uncompleted 30 days after the City provides written notice to the Developer, the CITY shall be S:\CAXAGMTSkESCROW AGREEMENT - Largo Pointe.rtf authorized to utilize the remaining Escrow Amount as necessary to complete the Scope of Work. Release of the Escrow Amount shall be triggered by written notification by the City that the Scope of Work has not been performed. Any funds remaining in the Escrow Amount after the Scope of Work is completed by the CITY shall be returned to DEVELOPER. 4. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties thereto and their successors and assigns. 5. Notices. All notices given hereunder shall be in writing and shall be delivered to the respective parties either by hand delivery, certified U.S. mail, return receipt requested, Federal Express or other recognized overnight courier service, or by facsimile transmission with hard copy to follow. All notices shall be addressed to the parties at their addresses set forth below: DEVELOER: Phegley Corp. 2001 Intracoastal Drive Fort Lauderdale, Florida 33305 With copy to: Moraitis, Cofar & Kamey 915 Middle River Drive, Suite 506 Fort Lauderdale, Florida 33304 CITY: City of Boynton Beach Attn: Kurt Bressner, City Manager 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 With copy to: James A. Cherof, Esquire City Attorney 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 6. General Matters. This -Escrow Agreement shall he governed by and construed in accordance with the laws of the State of Florida. In the event any action, suite or proceeding is instituted as a result of any matter or thing affecting this Escrow Agreement, the parties designate Palm Beach County, Florida as the proper jurisdiction and the venue in which same is to be instituted. IN WITNESS WHEEOF, the parties hereto have set their hands and seals this __ day of ,2004. PHEGLEY CORP., a Florida corporation ATTEST: BY: Its: (Impressionable corporate seal) S:\CALAGMTSkESCROW AGREEMENT - Largo Pointe.rtf STATE OF ) COUNTY OF ) BEFORE ME personally appeared who is personally known to me, or has produced as identification, and who executed the foregoing instrument as [Vice] President of , a Florida corporation, and severally acknowledged to and before me that [he][she] executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the free act and deed of said corporation. WiTNESS my hand and official seal this day of ,2004. My commission expires: Notary Public (Seal) IN WiTNESS WHEREOF, the City of Boynton Beach, Florida City Commission has authorized its City Manager, attested to by the City Clerk to execute this Agreement this day of ,2004. CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager ATTEST: Janet Prainito, City Clerk APPROVED AS TO FORM: City Attorney (City Seal) S:\CA~kGMTSYESCROW AGREEMENT - Largo Pointe.rtf Prepared by/return to: James A.Cherof, City Attorney City of Boynton Beach P.O. Box 310 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 RELEASE OF UNITY OF TITLE THIS RELEASE is made and entered into on the ~ day of April, 2004, by the City of Boynton Beach, Florida, a political subdivision of the State of Florida. WITNESSETH: WHEREAS, Phegley Corp, a Florida Corporation, owns the following described parcel of real property (the "Property"): Lots 9 through 24 and 42 through 48 and Tract A of CHRISTIAN VILLAS PLAT NO.2, according to the Plat thereof, recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida. WHEREAS, the City of Boynton Beach has approved a site plan (June 3, 2003) for the development of a townhouse project known as Largo Pointe Villas, on the Property. Said Propertybeing affected bya certain Unity of Title agreed to by Mark Fassy in an instrument dated the 13th day of September 1994, recorded in Official Records Book 8426, Page 1578 in the Public Records of Palm Beach County, Florida (the "Unity of Title"). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach hereby releases the Property from the Unity of Title and declares the Property free and clear of the operation and effect of same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year below written. THE CITY OF BOYNTON BEACH, a political Subdivision of the State of Florida BY: Jerry Taylor, Mayor ATTEST: BY: Janet M. Prainito, City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this ~ day of April, 2004, by ., as the Mayor of the City of Boynton Beach, Florida, who did not take an oath. Notary Public Commission No. (Notary Seal) My Commission Expires: VI.-CONSENT AGEN DA ITEM C.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOmv~ Requested City Commission Da~ Final Form Must be Turned R~aeat~d City Commi.nsi~ Dat~ Final Fo~n Must be Turned in Meeting Dat~ in to City Clerk's Oflic~ Mee~ng Dates .t9 City Cle~k's..Offi~ [] April 6, 2004 Ma~ch 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noo~) [] April20,2004 April 5,2004(Noon) [] June 15,2004 May 31, 2004 (Noo~) [] May 4,2004 April 19,2004(No00) [] July6,2004 June 14, 2004(Noon) [] May 18,2004 May 3, 2004 (Noe~) [] July20,2004 JulyS, 2004(Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDAITEM [] City Monoger'sReport [] Presentation [] Consent Agenda [] Public Hearing [] Code compli~ncedLeg~ Settlements [] UnfiRished Bnsiness RECOMM]~NDATION: Motion authorizing the Mayor to execute an agreement with the South Florida Water Management District to accept a $300,000 grant for the construction of Aquifer Storage and Recovery (ASR) well EXPLANATION: In May of 2001, the Utilities Department submitted a grant application to the South Flodda Water Management District, under their Alternatiye Water Supply Funding Program, asking them to fund a portion of our costs associated with the installation of our proposed new ASR wells. We had asked for a total of $250,000.00 in grant funds. The actual award is being made for $300,000.00 PROGRAM IMPACT: The City will be installing the ASR wells as part of our alternative source/conservation efforts. The impact of this program is that a portion of the alternative source/conservation costs will now be paid for by the District. FISCAL IMPACT: The total cost of the proposed well is approximately $1.3 million dollars. Therefore, with the awarding of this grant, the District is paying approximately 25% of our costs. S:~BU]-! .KTIN~ORMg'~GENDA fi'EM REQUEST FORM. DOC . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to accept the grant from the South Florida Water Management District and pay 100% of the project costs from Utility funds. ~-~--~I~a~t Head's $ig~mi~[re ' City Manager's Signature UTILITIES Department Name City Attorney / Finance / I--l~!mn Resourc~ S:~ULLE~RMS~GENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 5 MANAGER TO EXECUTE AN AGREEMENT BETWEEN 6 THE CITY OF BOYNTON BEACH AND SOUTH FLORIDA 7 WATER MANAGEMENT DISTRICT, TO ACCEPT 'A 8 $300,000.00 GRANT FOR THE CONSTRUCTION OF 9 AQUIFER STORAGE AND RECOVERY (ASR) WELL #2; 10 AND PROVIDING AN EFFECTIVE DATE. 12 WHEREAS~ the City of Boynton Beach has been awarded a $300,000 grant for the 13 construction of Aquifer Storage and Recovery (ASR) well #2; and 14 WItEREAS, the City will be installing the ASR well as part of the alternative 15 source/conservation efforts; and 16 WHERAS, with the award of this grant, the South Florida Water Management 17 District will be paying approximately 25% of the costs. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2O 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being tree and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 25 and directs the City Manager to execute an Agreement between the City of Boynton Beach 26 and the South Florida Water Management District, a copy of which is attached hereto as 27 Exhibit "A". 28 29 Ca/reso/agreements/gmnlrd South Flodda Water Management Grant 1 2 Section 2. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this day of April, 2004. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 12 Vice Mayor 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 28 29 Ca/reso/agreements/grants/Soul~ Florida Water Management Grant OSOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 · TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · www:sf~¥md.gov ADM 28-06 Mr. Dale S. Sugerman City of Boynton Beach MAJ~ 2 2 ~.00/~ Utilities Department BOYNTON BEACH 124 E Woolbright Road UTI UTI E S Boynton Beach FL 33435 Subject: Contract No. DG040186 Boynton Beach ASR Project Dear Mr. Sugerman: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days of receipt. Please include documentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly ~ppreciated. Should there be any questions, please contact me at (561) 682-2536. Sincerely, ene~ope ~urger Associate Contract Specialist Procurement Department /jm Enclosure c: w/attachment Nestor Garrido, 4350 GOVERNING BOARD EXECUTIVE OFFICE NicolAs J. Guti&rrez, Jr., Esq., Otair Michael Collins Kevin McCarty . Henry Dean, Execul~ve Director Pamela Brooks-Thomas, Vice-Chair Hugh M. English Harkley R. Thornton Irela M. Bagu~ Lennart E. Lindahl, P.E. Trudi K. Williams, P.E. ORIGINAL 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AWS FUNDING PROGRAM AGREEMENT Recipient: City of Boynton Beach Recipient's Project Manager: Dale S. Sugerman Address: 124 E. Woolbright Road Boynton Beach, Florida 33435 Telephone No: (561) 742-6456 Fax No: (561) 742-6298 SMD Project Manager: Nestor Garrido Address: 3301 Gun Club Road West Palm Beach, Florida 33406 Telephone No: (561) 682-6908 Fax No: (561) 681-6264 Insurance: Applicable/Not Applicable: Federal Employer Identification Number: '59-60000282 Project Title: Boynton Beach ASR Project Description: Construction of two (2), 24 inch diameter finished water ASR wells. Contract DG040186 Page 1 of 9 This Agreement is entered into between "the Parties", the South Florida Water Mar~.agement District, the "District", and the undersigned Applicant, hereinafter referred to as the ."Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching fimds and final reports for all funding received by the Recipient fi.om the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "C', and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 The Recipient shall submit to the District, proof of Florida Departmen~ of Environmental Protection (FLDEP) and South Florida Water Management District permit applications prior to September 1st of the current fiscal year, to ensure timely completion of the project. 1.4 The Recipient shall submit to the District notification of complete permit applications from FLDEP and SFWMD prior to September Ist of the next fiscal year, to demonstrate proposed project readiness. Should the permitting element of an application for a construction project not be completed by the District's required deadline, the District will deem the project ineligible for funding. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement and shall continue for a period of thirty-six (36) months. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration Contract DG040186 Page 2 of 9 shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Exhibit "C." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any Of the work performed hereunder, .including but not limited to the adequacy or sufficiency of all or any part of work described in Exhibit "C". 3.3 The Recipient hereby agrees that it shall use other sources of funding for all work associated with the design and permitting aspects of the Project. District funds shall only be used for capital or infrastructure costs for the construction activities described in Exhibit "C". ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in accordance with Exhibit "C" of this Agreement. ~4.2 The Recipient's invOice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page o£ this Agreement. The ReciPient shall not submit an invoiceto any other address at' theDiStrict. 4.3 The District shall inspect all work and review final reports before, authorization of payment is made to the ReCipient. The District shall Pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required' reports or met all of the administrative requirements. 4.4 Upon award', of.the Agreement, the Recipient shall provide to the District a detailed schedule of the ProjeCt. The ReciPient sh'aI1 prOvide three (3) cOPies ofprogress reports on a. quarterly basis to the District; which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the comPletion of the tasks designated in the Work Breakdown Structure Exhibit "C", and Schedule of Tasks and Deliverables Extffbit "D", .attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with. the performance of this Agreement; other than invoices and notices, to the attention of the Project Managers for Conlxact DG040186 Page 3 of 9 attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: SoUth Florida Water Management District Attn: (Project Manager's name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 All notices required bY this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the DiStrict's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails tolfulfillits obligations under.this Agreement in a timelyand proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency.. The Recipient in"default shall then have ten (10) calendar days 'from-receipt of notice to correct the deficiency.. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration iofthe ten (10) day time period. 6.2 The District may terminate this Agreement at any .time for convenience upon thirty (30) calendar days prior written notice to the Recipient: The performance of work under this Agreement may be terminated bythe District in accordance with this clause in whole, or from. time. to lime in- part, Whenever the .District' shall, determine'I that SUch termination is in the best interest of the District AnY such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such temaination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all Payments to the ReciPient for such. work until such time as the District determines the exact amount due to the Recipient. Contract DG040186 Page 4 of 9 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the. fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to paragraph 6.2, above. 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne eqUally by the Parties. The mediation process shall be confid _ential to the extent permitted by'law: ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as fOllows: A. Maintenance. of Records. The Recipient shall maintain all financial and non,financial records andP:reports directly or indirectly related-to the negotiation .or performance of this' Agreement, including supp°rting documentation for any service rates, expenses, research or reports:.:.SuChlrecords shall be maintained and made available for inspectiOn for a period of five i(5) years fi.om completing Performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall· have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only' within five (5) years from the date of final payment under this .Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for. Legal'Disputes. In the event that the DistriCt should becOme involved'in a legal dispUte with a'third party arising from performance Under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement Until the final disposition of the legal dispute, and ail such records shall be made readily available to the District. ARTICLE 8 - sTANDARDs OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement.. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. Contract DG040186 Page 5 of 9 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and. in the Southern District of Florida for any claims which are justiciable in federal court~ 8.3 The Recipient shall allow public access to all Project documents and materials in. accordance with the provisions of Chapter 119, Florida Statutes. Should the ReCiPient assert any exemptions to the requirements of Chapter 119 and related StatuteS, the bUrden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited fi.om the expenditure .of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municiPal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. '8.6 The. Recipient.hereby assures that no person shall be excluded on the grounds of race, colOr,, creed, national, origin, handicap, age, or sex, fi.om participation in, denied the benefits of, or iS : :otherwise subjected, to .discrimination 'in anY activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEI~qIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which, is hereby acknowledged, the Recipient shall defend, indemnify, Save; and hold the District,' its agents., assigns, and employees, harmless from any and all claims or eanses ofactiOn~ including without limitation, all damages, losses, liabilities, expenses, costs, and a!tomey's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agentS, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9:2 The following shall only apply if the work is being performed on District property. Contract DG040186 Page 6 of 9 The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 10.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises fi.om fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable throu~ thc exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work Exhibit "C" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Exhiblts, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 1.3 Failures or waivers to insist on slrict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from Contract DG040186 Page 7 of 9 deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of anY other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdicti°n' such invalidity shall not affect .any. other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable andin full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states the .entire understanding and Agreement between the Parties and supersedes any. and all written or oral representations, statements,, negotiatiOns or Agreementspreviously existing between. the parties'with respectto the subject matter of ~s:Agteenient. The Recipient reCogniZeS, l.that anY: representatiOns, Statements or' negotiations .made by District. staff do not :suffice to legally bind the. District in a contractual., relatiOnship.unless: they have. been reduCed.to writing and .signed: bY an authorized District representative. This Agreement'shall inure to the benefit of and shall be binding.upon the parties, their res ~ective assigns, and successors in interest. Contract DG040186 Page 8 of 9 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Frank HaYden, Pr°{:urement Director Date: Recipient's. Legal Name: BY AuthOriZed Official: Title: ~. Date: SF~ Procurement approved: Contract DG040186 Page 9 of 9 EXHIBIT "C' STATEMENT OF WORK 1. Introduction The City of Boynton Beach operates two surficial well fields and combines production of two water treatment plants (WTPs), the East WTP and the West WTP, to generate its drinking water supply. South Florida Water Management District (the District) issued a Water Use Permit (WUP) (Permit No. 50-00499-W) for groundwater production from the City's two well fields: the East Well Field and the West Well Field. The permit allows the City to withdraw gr°undwater from the Surficial Aquifer at an average rate of 14.6 million gallons per da), (mgd),. with may~um daily withdrawal~ peaking at 20.4 mgd. EXhibit 1 provides a location map of City's' WTPs and well" fields. The City's East.Well Field contains 20 active wells completed into the Surficial Aquifer. The wells range in depth from approximately 50 to 275 feet and provide water of high quality. Because of its . proximity to the Intracoastal Water Way, this wellfield is vulnerable to saltWater intrusion. The City's East WTP,. located on Seacrest Boulevard and Woolbright Road~ treats groundwater. from the' East Well Field.using lime softening, sedimentation, filtration, and chlorination Prior to distn~oution to the. residents.. This ~'has:the 'caPacity to treat 19 :mgd;: however, the citY'limi~ P~ingfromthe East well field to prevent saltwater intrusion, so the Plant only averages approXimately 5 mgd. The City,s West Well Field'consistS ofseven operational wells and an additional four wells not yet Placed into service. The wells are completed at approximately 135 feet deep into the intermediate ZOnes Of the Surficial. Aquifer. SUch depths typiCally yield greater flows, but'produce water with higher concentrations of dissolved minerals and color. The West Well Field, because of its distance from the salt water source and proximity t° fresh water canals, is less vulnerable to salt water intrusion. Groundwater from the City's West Well Field is pumped to the West WTP located on Boynton Beach Boulevard jnst west of Military Trail. This plant uses membrane treatment to remove high concentrations of minerals and color from the groundwater. In 1.992, the City conStructed an Aquifer Storage and Recovery {ASR) well at the East WTP to meet drinking Water needs during periods' of high demands, including: drought' Conditions~ The ASR Well, placed iinto service in 1994, proved t° be a valuable resource to balance water demand and water" supply; it stores up to 230 million, gallons of treated drinking water during periods of low demand and high water availability. The water is then recovered from the well at rates of up to 2 mgd during periods of high demand or drought conditions. Currently, the City is recovering water from the ASR well to help meet drinking water demands and to reduce groundwater pumpage from the East Well Field. An additional two ASR wells are proposed for construction at the East WTP to augment the City's ASR capacity. The ASR wells will be operated in a manner similar to the existing ASR well, storing treated water during low demand periods and recovering water during high demand periods or drought. Ex.])it "C" Ag~ement No. DG040186 Page I of 6 Exlu'bit "C" Agreernenl No. DG0~0186 Page 2 of 6 Increased ASR well capacity will decrease the City's dependency on the East Well Field during dry periods when the potential for salt water intmsi°n is greatest} The City is also looking at long-range alternative water supplies and considering converting the East WTP from lime softening to membrane treatment in the future. If the City decides to implement this shift in treatment technology, it will likely convert the ASR wells to Floridan Aquifer supply wells, thus further reducing the City's dependency on the Surficial Aquifer for drinking water supply. Prior to constructing the ASR wells, groundwater modeling will be conducted to simulate and predict potential hydraulic impacts of operating a multi well ASR system. The modeling data will be. used to design an ASR wellfield confguration that will maximize recovery efficiency while accommodating the effects of hydraulic interferenCe betWeen the AsR wells. ' ' . The Iow bid well contractor will be required to: · Drill pilot holes to designated depths Ream pilot holes and, install'casings at selected depths · Cement casings in place. · Conduct geophysical logs. · Record background Water. leveIs · Collect well cutting samPles Conduct step drawdown"tests · · Conduct specific capacity tests · Collect background Water quality data · Disinfect the. completed AsR wells A'three dimensional MODFLOW re°del of the upper Floridian Aquifer'for the East WTP Site will be developed. Data from the original ASR well construction, current ASR operating data, and anticipated operation of a mufti-well ASR system will be used to. develop the model. The objectives of this model axe to: · Evaluate the water level response and well interference associated with different ASR layout configurations. . · Develop an ASR system configurati°n that Will. maximize reC°very efficiency of a multiWell .ASR system. . · · Identify and minimize any potential negative impacts a mufti-Well ASR System may have on pumping heads The model will then be cah'brated to ASR pumpage rates.and water levels'obtained from the City. A sensitivity analysis will then be performed upon the cal~rated model prior to running predictive pumpage simulations. Exln'bit '~2r" Agreement No. DG040186 Page 3 of 6 The output from MODFLOW will then be analyzed by MODMAN to determine the optimum well spacing and pumping rates based on pre-determined criteria. The results of the MODMAN simulations will be then used to develop the mufti-well ASR system configuration. The configuration will specify well separation distances and individual ASR well operating capacities that will maximize the benefit of the ASR wells to the City. Modeling data will also be used to support c°nstruction permit applications for Florida Department of Environmental Protection (FDEP) and Palm Beach County Health Department (PBCHD) construction permits for the ASR wells. The well construction design will be based on data collected during the construction of the existing City's ASR well. However, the precise depths drilled and casing setting depths will be based on actual field conditions at each well 2. Scope of Work~ The scope of work proposed for this District cost-sharing project is the construction of two new ASR wells at the East WTP. Two casings will be installed: a 34-inch outside diameter steel surface casing to approximately 400 feet and a fmal 24-inch outside diameter steel casing to approximateIy 800 feet. Upon completion, the contractor will cap each well. The total depth of the well is anticiPated to be approximately 900 feet. Exhibit 2 provides a conceptual diagram of the proposed ASR wells. 3. Work Breakdown The contractor shall construct two new ASR wells at the East WTP; as detailed below, with an estimated one year to complete construction. The drilling contractor will be required to mobilize to the site with. equipment.capable of constructing 'a 24-inch well to a depth, of. apProximatelY 900 feet belOw land Surface (bls). Once mobilization is complete, a 12-inch pilot hole will be drilled to a depth of 400 feet bls so that geophysical logs can be performed. Geophysical logging is the measurement of physical properties that can be interpreted in terms of the hydrogeologic characteristics of the strata penetrated by the. well. Logging services planned for this stage of construction include: natural, gannna ray, spontaneous potential, caliper, and dual-induction. While drilling, cutting samples will be collected and described for correlation to the geophysical logs. This information allows an. accurate picture of the subsurface slrata to be developed. FolloWing-an interpretation of the pil°t hole data, a'casing depthwill be determined and the reaming"of the pilot hole will take place. For this project, the reamed holes through the surficiat aquifer will be.42-inches in diameter and are anticipated to be drilled to approximately 400 feet bls. A 34-inch steel casing will then be installed and cemented to land surface using neat.cement. After allowing 24 hours-for the dement to cure, the cement plug at the base of the casing will be reamed out, and pilot hole drilling will resume to a depth of approximately 900 feet bls. Geophysical logs will be performed again (natural gamma ray, spontaneous potential, caliper, dual-induction, borehole compensated sonic, temperature, fluid resistivity, and fluid velocity) and will be correlated to the cutting samples and a casing depth selected as desen'bed above. Exhibit "C" Agreement No. I)G040186 Page 4of6 The pilot hole will then be reamed to approximately 34 inches in diameter, to a depth of 800 feet, before setting a bridge plug and installing and cementing the 24-inch diameter steel casing. This casing will be installed into the top of the Floridan Aquifer to isolate thb clay interval that separates the Floridan and surficial aquifers. After cementing the final casing, the bridge plug will be drilled out of the bottom of the well and the pilot hole will be reamed to a nominal 24-inch diameter to a depth of approximately 960 feet bls. Drilling below the final casing will take place using the reverse air technique, where compressed air is pumped down the inside of the drill column in a separate tubing to depth of approximately 200 feet bls. Once discharged, the compressed air will expand and rise in the drill column and create a vacuum that is able to remove the drill cuttings from around the drill bit and lift them to land surface. While drilling on reverse air in the upper Floridan Aquifer, the contractor will have to consider controlling the Aquifer's artesian nature. Additionally,.the.collection of water samples fro~ the.discharge will be required for every 30 feet ofh°le drilled;.The water Samples will be analyzed for conductance and chlorides in the field to help identify different productive zones in the open borehole. The final logs for the open hole section of the well will vary (i.e., temperature, fluid resistivity, and fluid velocity) in that some logs will be conducted while the well is being tested under flowing conditions. After the well is constructed, the well will be tested to determine its productivity. Consideration will be given to acidizing the well to help increase'productivity if necessary. Upon completion of the testing, the Well will be connected to surface piping,, which will deliver recovered water to the WTP filters for filtration and disinfeetiom 4, Location of the Project The location of the wells to be constructed is the East WTP at the southeast corner of Seacrest Boulevard and Woolbright Road in Boynton Beach, Florida. Exhibit 1 provides a location map of the project location. The physical address of the project location is 124 E. Woolbright Road, Boynton Beach, Florida. 5. FUnding Proposal The request for support shall be applied only for the payment of capital or infrastructure, costa for the construction of alternative water supply systems that provide alternative water supplies for uses within one or more water resource caution areas. The design for this project is anticipated to be completed by February 15, 2005. Exlfibit "C" Agreement No. DC:,I3~186 Page 5of6 Exl~'bit "C' Agreement No.' DG040186 Page 6of6' EXHIBIT "D' SCHEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule for each task associated with this project is set forth below. The schedule is based on a three-year period. · All deliverables submitted hereunder are subject to review by the District. · Due dates for all deliverables are based on the number of weeks from the date of contract execution. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. $ 3oo,000.00 Total Exhibit "D~ Agreement No. DG040186 Page I of I VI.-CONSENT AGENDA CITY OF BOYNTON BE/ ITEM D.! AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Ciw Clerk's Office [] April 7,2004 March 15,2004 (Noon.) [] June 1,2004 May 17,2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-065. EXPLANATION: PROJECT: Boynton Commerce Center (USAP 04-001) AGENT: Joni Brinkman, AICP, Winston Lee & Associates OWNER: Levitt Commercial Boynton Commerce Center, LLC LOCATION: 1800, 1900, 2000, 2100 Corporate Center Drive DESCRIPTION: Request to include "catering and food services" on the list of permitted uses in the Boynton Commerce Center Planned Industrial District (PID). PROGRAM IMPACT: FISCAL IMPACT: Develo~'t~nfDeP"lrt~e~t ~)irk"~tl~r ~ City Manager's Signature Pl~xi~g an~Zonig~rector City Attorney / Finance / Human Resources SSPIanning~SHARED\WP~PROJECTS~Boynton Commerce Ctr\USAP 04-001~Agenda Item Request Boynton Commerce Center USA[' 04-001 4-7-04.dot S:~BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN]~NG AND ZONING DI~/~StON MEMORANDUM NO. PZ 04-065 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf~'~~''~- Director of Planning & Zoning FROM: Ed Breese PHncipal Planner DATE: March 12, 2004 PRO.1ECT NAME/NO: Boynton Commerce Center P1~D / (USAP 04-001) RE(~UEST: Use Approval PRO~,)ECI' DES4~R.TP'I'~ON Property Owner: Levitt Commercial Boynton Commerce Center, LLC Agent: .loni Brinkman, A[CP / Winston Lee & Associates, Incorporated Location: Boynton Commerce Center P[D Existing Land Use/Zoning: Industrial (~) / Planned Industrial Development (PID) Proposed Land Use/Zoning: N/A Proposed Use: The application requests the indusion of"catedng and food services" on the list of permitted uses in this PID (see Exhibit "B"- Proposed Revision to the Approved Ust of Permitted Uses) Acreage: 48.,t5 acres AdJacent Uses: North: Developed Boynton Commerce Center Lot 3-A (Lowe's) with a Local Retail Commercial (LRC) land use designation, zoned Community Commerdal (C-3); South: Right-of-way for SW 23r~ Avenue, and further south is a piece of property containing a FP&L substation, zoned Public Usage (PU); East: Right-of-way for the C.S.X. Railroad, then farther east is right-of-way for [nterstate 95; and West: Right-of-way for the Lake Worth Drainage District (LWDD) E-4 Canal, and Boynton Commerce Center (USAP 04-001) Staff Report Memorandum No PZ 04-065 Page 2 further west is developed residential property with a Moderate Density Residential (NODE), zoned Single Family Residential (E-I-AA). BACKGROUND & ANALYSZS Ns..]oni Brinkman, agent for the owner has submitted an application for use approval in the Boynton Commerce Center Planned [ndustrial Development (P[D) (see attached location map - Exhibit"A'3. Each Planned Industrial Development (P[D) has a list of permitted uses established pursuant to Chapter2, Section 7. E, which requires all uses proposed for a PID to be specifically approved by the Planning & Development Board and City Commission. The applicant is requesting a revision to the approved use list to include "catering and food services" as an allowable use. The underlined text below indicates the applicant's proposed language to the Boynton Commerce Center PZD permitted use list. Staff analyzed the proposition and offers a brief summary and recommendation. For clarity in the staff report, staff's analysis and recommendations are italicized beneath each category. Exhibit "B" shows Ns. Bdnkman's proposed modifications to the Permitted Use List of the Boynton Commerce Center Planned Industrial Development (PID). The proposed changes are as follows (underlined): 1.. Permitted Uses, Not Requiring Environmental Review Approval. No change proposed. A. Personal Services No change proposed. B. Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from previously prepared materials from the following: 1. Cellophane. 2. Canvas. 3. Rber (i.e. wood, except that fumiture manufacturing requires environmental review). 4. Rberglass. 5. Glass. 6. Leather. 7. Textiles. 8. Yarn. 9. Uses listed under Section 8.A.l.a (6), (7), (9), (z0), (:[2-15), (18), and (21); Section 8.A.l.b. (1), & (3), & (9) of the Boynton Beach Zoning Code. Nore specifically, the following uses: Caterinq and food services. 7~Js proposed use would be compab'~ ~ the uses that are already permitted within the PXD. Typical catering/food prep operations are Iow intensity uses from the standpoint of number of employees physically on the site, number of Boynton Commerce Center (USAP 04-001) Staff Report Memorandum No PZ 04-065 Page 3 delive#es to the site and number of customers/visitors coming to the site. No food sales or consumption occurs on the premises, which prima~fly act as a commercial kitchen for p~fva~e engagement~ held at the dient'$ home or place of business. Parking would be treated as any other manufacturing/commercial services operation (1 parking space per 500 square feet of floor area) and would be cons/stent with approved plans w/thin the Boynton Commerce Center and mirror the/,!-~ regulations~ where this use is currently allowed. C. Warehouse, Distribution, Wholesale No change proposed. 1. Any manufacturing category listed above, or any use listed in Chapter 2, Section 8.A.l.c (2), (3), (4), (6), (7), (9), (1,l), and (16) of the M-1 [NDUSTRZAL DZSTI~TCT, Zoning Regulations But not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturing and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/plants wholesale and distribution Paper Plastic Me~als (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment Airplane parts and equipment Medical equipment, instruments, devices, and components Furniture Precision instruments Engraving, printing, and publishing. No change proposed 2. Retail sales are allowed for good listed under the sections specified under [.C.1., provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. No change proposed 3. Retail sales of up to 100% of sales, are allowed for goods listed under the section specified in ('Secb~n ~C. 1.) above on Lot 3B only, for up to 49% the gross floor square footage of the building, with the exception of 8.A.l.c. (14). The spedfic uses within the code sections 8.A.l.c. (2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square Boynton Commerce Center (USAP 04-001) Staff Report Memorandum No PZ 04-065 Page 4 feet. This square footage shall be located in the western area of the building and depicted on the approved site plan. This retail sales "use" is considered ancillary to the overall industrial uses approved for this lot. No d~ange propo.~! D. Operations Center - Requiring a mix of moderate warehouse and increased office use. 1. Bank Operations Center Z. Insurance Company Records Storage 3. Government Operations Facility 4. Radio / TV studio 5. Nursing Registries 6. Non-profit Trade Organization Research and Record Storage Facilities 7. Offices for contractors (work shops and outside storage). However, truck parking for contractors is specifically prohibited. No change propo.~,d E. Offices No change propo.,~. II. Uses requiring Environmental Review - See Planning Department for Application No change propose~. A. Hanufacturing, including compounding, assembling, repair, or treatment of articles or merchandise from the following previously prepared materials: No change B. Warehouse, Distribution, Wholesale. Nifo dtange propose~l. 1. Seafood (excluding Processing) Iflo d~ange pro~. 2. Principal uses for any of the manufacturing categories listed under II.A. above. No change propo..~,~. 3. Retail sales are allowed for goods listed under the sections specified under II.A.5., provided that less than 50% of the goods sold on the premises are sold at retail, with the exception of the area designated on Lot 3B as Industrial, which shall be allowed no retail sales. Boynton Commerce Center (USAP 04-001) Staff Report Memorandum No PZ 04-065 Page 5 No change proposed. C. Other uses as follows: 1. Building cleaning and janitorial services. No change proposed. All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly prohibited: 1. Fertilizer manufacturing, sale, or distribution 2. Millwork 3. Metal casting 4. Welding shop 5. Contractors' shops, storage, or truck parking 6. Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. 7. Any warehouse or wholesale use which is listed in Section 8.A. 2.b, 8.A.3.c., or Section 8.A.5.b. of the "M-:I. ZNDUSTRL~L DISTR~CT". No change proposed. PERFORMANCE STANDARDS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4. N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic Interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulaUon. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PTD district. These responses are listed as follows: A. Noise: No use shall be carded out on the property so as to create sound which is in violation of Section :t5-8 of the City Ordinances. The uses as proposed shall not produce sound in violation of Section 15-8. B. Vibrations: No use shall be carded out on the property so as to create inherently and recurrently generated ground vibrations, which are perceptible without Instruments at any point at or beyond the property line. The uses as proposed should not create ground vibrations that would be percepUble beyond the property lines of the subject Planned Zndustrial Development. Boynton Commerce Center (USAP 04-001) Staff Report Memorandum No PZ 04-065 Page 6 C. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carded out on the property so as to allow the emission of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. The proposed uses do not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. D. Odors and fumes: No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all non-industrial districts, the standards contained in this paragraph shall apply where district abuts a residential district. The proposed uses do not produce any objectionable or offensive odors or fumes that would be readily perceptible at any point at or beyond the boundary of the PID. E. Toxic or noxious matter: No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to the property or vegetation, discomfort, or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. The proposed uses do not produce any toxic or noxious matter in any concentrations that would cause or vegetation, discomfort, or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or contaminate any public waters or any groundwater. F. Fire and Explosion: No use shall be carried out in any zoning districts so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the Oty of Boynton Beach Code or Ordinances. The proposed uses do not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. G. Heat, Humidity or Glare: No use shall be carded out in any zoning district so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed uses do not produce heat, humidity or glare. Site lighting will conform to code requirements and shall not be directed toward any residential uses. H. Uquid Waste: No use shall be carded out in any zoning district so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, Boynton Commerce Center (USAP 04-001) Staff Report Memorandum No PZ 04-065 Page 7 or any applicable federal, state, or county laws or permits shall be complied with. [. Solid Waste: No use shall be carried out in any zoning districts so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. The proposed uses shall be in compliance with Chapter 10 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. .1. Electromagnetic Znterference: No use shall be carded out in any zoning districts so as to create electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and standards adopted by the :[nstJtute of Electrical and Electronics Engineers, or the Electronic Zndustries Assodation. Furthermore, no use shall be carried out on the property so as to cause electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic Interference with normal radio or television reception in any zoning district. The proposed uses shall not create electromagnetic radiation. K. Hazardous Haterials and Hazardous Waste: Items a. through d. If any business locates within the P:[D which uses, handles, stores, or displays hazardous materials or generates hazardous waste, shall comply with items a. through d. as outlined in the City's performance standards, l~n addition, Section 11.3, of the use list outlines specific uses which are prohibited in the PID and no additions or deletions to this portion of the approved list has been proposed as part of this request. The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of the performance standards listed in Chapter 2, Section 4. N of the Land Development Regulations. RECOMMENDA'F~ON Staff has carefully considered the requested amendment to the Boynton Commerce Center PID Ust of Approved Uses and finds "catering and food services" to be a compatible use. Because an Environmental Review Permit is not required within the M-1 zoning district and such establishments are required to obtain a license from the Florida Department of Professional Regulation, Hotel and Restaurant Division, which require initial and yearly inspections, staff recommends this use not be subject to City ERC review. Staff recommends that the above request for Use Approval be approved. Additional comments recommended by the Planning & Development Board or City Commission would also be induded in Exhibit "C" - Conditions of Approval. S:V~ann~g~nared~WpV'mJects\Soynt~ Comrne~e C~USAP 04-O01~taff J~.e~x~t .doc SE. 15TI I in. = 327.0 feet C3 CORPORATE DR I-9 5 LOCATION MAP BOYNTON COMMERCE CENTER PID EXHIBIT "A" / Vinston l ee . Associates, Inc. Landscape Architecture Land Planning F.S.L #LC C116 January 21, 2004 Mr. Michael Rumpf, Director of Planning & Zoning Planning & Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Boynton Commerce Center Planned Industrial Development Application for Revisions to the Approval PID Use List Our File No. 02-030.03 Dear Mr. RumpE On behalfo£Levitt Commercial Boynton Commerce Center, LLC, owners of the building currently being constructed on Lot 3 of the Boynton Commerce Center Planned Industrial Development (PID), attached please find a revised use list for the Boynton Commerce Center PID for your consideration. Please be aware that the attached use list reflects changes proposed to allow building cleaning and janitorial services in the PID currently in the approval process and assumes that those changes will be approved. Therefore, only the revisions proposed with this request are redlined and underlined. The requested revision to the use list consists of the addition of'catering and food services'. This use is currently allowed in the M1 Industrial District in the City of Boynton Beach Zoning Code (Sec. 8.A. 1.b.(9)). It is proposed to be inserted into the current use list under Section I.B.9. This use is consistent with the underlying industrial land use of the property, as well as the parking calculation method of one parking space per 500 square feet of floor area as outlined in Chapter 2, Section 11.H. 16.£(1) and the use list for Lot 3. It is requested that this use not be required to obtain an Environmental Review Permit. The justification for this request is the fact that, pursuant to Section 8.A.3.a.(6), this use is not required to obtain thi.q permit when permitted in the M-1 zoning district. In addition, as the preparation of food will be conducted on site, the tenant will be required to obtain a license from the Florida Dept. of Professional Regulation, Hotel and Restaurant Division, which requires an opening inspection and annual inspections thereafter. Any permit required for a grease trap for the business will be reviewed and approved by your own building department. Please be aware that the proposed use is of very low intensity, consistent with most industrial uses. Typically, the client will call the caterer and set up a meeting at his or her home, place oflmsiness, or at the venue the event is to take place. At that time, and during subsequent telephone 1532' Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409-5270 Tel: 561-689-4670 · Fax: 561-689-5559 · E-mail: winstonwla~aol.com Mr. Michael Rurnpf January 21, 2004 Page 2 conversations, the menu and services to be provide arc finalized. Then, on the day of the event, the caterer delivers the product to the venue. Food sales do not take place at the facility, only preparation of same. Therefore, I respect~ r~uea your consideration and recommendation for approval ofthe attached revised use list for the Boynton Commerce Center PR). To aid in your review, the addition to the list has been underlined and redlined. Please feel l~ce to call with any questions you may have regarding the attached list. Sincerely, '~o~~B '~n~ AICP Project Planner cc: Colleen Mohr, Levitt Commercial EXHIBIT "B" Proposed Revisions to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID January 21, 2004 I. Permitted Uses, Not Requiring Environmental Review Approval. A. Personal Services 1. Carpet and Upholstery Cleaning B. Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from the following previously prepared materials: 1. Cellophane 2. Canvas 3. Fiber (i.e., wood, except that furniture manufacturing requires environmental review) 4. Fiberglass 5. Glass 6. Leather 7. Textiles Yarn 9. Uses listed under Section 8.A~ 1.a.(6), (7), (9), (10), (12-15), (18) and (21); Section 8./~ 1.b.(1), & (3), & (9) of the Boynton Beach Zoning Code. C. Warehouse, Distribution, Wholesale 1. Any manufacturing category listed above, or any use listed in Sections S.A. 1.c.(2), (3), (4), (6), (7), (9), (14), and (16) ofthe "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/plants wholesale and distribution Paper Plastics Metal (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment EXHiBiT 'B' Airplane parts and equipment Medical equipment, instruments, devices and components Furniture Precision instruments Engraving, printing and publishing 2. Retail sales are allowed for g~ods listed under the sections specified in I.C.1. above, provided that less than 50% of the goods sold on the premiss are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. 3. Retail sales, of up to 100% of sales, are allowed for goods listed under the sections specified in I.C.1. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.A.l.c.(14). The specific uses within the code sections 8./Ll.c.(2), (3) and '~' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the western area of the building and depicted on the approved site plan. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. D. Operations Center - Requiring a mix of moderate warehouse and increased office llSe. 1. Bank Operations Center 2. Insurance Company Records Storage 3. Government Operations Fac'~y 4. Radio/Television Studio 5. Nursing Registries 6. Non-Profit Trade Organization Research and Record Storage Facilities 7. Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prolu'bited, however. E. Offices 1. PID Leasing Office 2. Satellite Operations lVlanage~nt Offices for any Light Industrial Use Allowed in Section 8 ofthe '~M-1 Industrial District" Zoning Regulations 3. Professional Engineering Offices II Uses requiring Environmental Review - See Planning Department for Application A. Manufiwtufing, including co .mpounding, assembling, repair, or treatment of articles Boynton Commer~ Center PID Use List Page 2 EXHIBIT "B" or merchandise from the following previously prepared materials: 1. Cosmetics 2. Drugs 3. Pharmaceutical 4. Paper 5. Plastics 6. Metal (i.e., machine shop) 7. Wire 8. Rubber 9. Electrical appliances, instniments, devices, and components 10. Auto parts and equipment 11. Boat parts and equipment 12. Airplane parts and equipment 13. Medical equipment, instruments, devices and components 14. Furniture 15. Precision instruments 16. Engraving, printing and publishing B. Warehouse, Distribution, Wholesale 1. Seafood (excluding Processing) 2. Principal uses for any of the manufacturing categories listed under H.A. above. 3. Retail sales are allowed for goods listed under Section H.A.5. above (plastics) provided that less than 50% of the goods sold on the premiss are sold at retail, excepting the eastern portion of the building on Lot 3B designated as industrial, which shah not be allowed retail sales. C. Other uses as follows: 1. Building cleaning and janitorial services HI All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly prolu~oited: 1. Fertili?er manufacturing, sale or distn"oution 2. Millwork 3. Metal casting 4. Welding shops 5. Contractor's shops, storage, or truck parking 6. Retail sales, where the value of goods sold at retail exceeds 50°,4 of the Boynton Comme~ Center PID Use List Page 3 EXHIBIT "B" total value of goods sold from the premises with the exception of the area designated on Lot 3B as industfiak which shall be allowed no mt'afl sales. 7. Any warehouse or wholesale use which is listed in Section 8.A.2..b., 8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations Parking Requirements: Warehouse, distribution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Mamffacturin~uilding cleaning and janitorial services: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). 1. Showrooms associated with the principal use are permitted as an ancillary use up to a maximum of 30°,4 of the total gross floor area devoted to such use. 2. Offices associated with the principal use are permitted as an ancillary use with a maximum of 30% ofthe total gross floor area devoted to such use. 3. Office floor area which exceeds 30% of the total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet ofthe entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be milized for Lot 3B are as follows: 1. Retail: The potential retail square footage (up to 49°/6 of the gross ground floor square footage), shall require one (1) parking space per two hundred (200) square feet. 2. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rate of one (1) parking space per five-hundt~ (500) square feet of gross floor area. 3. Me?~anlne square footage shall be limited to warehouse uses and may utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor area. Operations Center: One (1) parking space per three hundred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shall be calculat~ based on the requirement for offr. e use. Personal Services and Offices: One (1) parking spare per three hundred square feet of gross floor area. Boynton Commerce Center PID Use List Page 4 EXHIBIT "B" Boynton Commerce Center Revised Use List Request Request to Allow Catering and Food Services The applicant, Levitt Commercial Boynton Commerce Center, LLC, has submitted a request to revise the approved use list for the Boynton Beach Commerce Center. Chapter 2.5, Sec. 4.N. of the City of Boynton Beach Code requires that all uses conform to perfommnce standards outlined therein. These standards are addressed below for the proposed revisions to the approved use list. 1. Noise. No use shall be carried out in any zoning districts so as to create sound which is in violation of Section 15-8 of the City ofBoynton Beach Code of Ordinances. Response: The uses as proposed shah not produce sound in violation of Section 15-8. 2. Vibrmions. No use shall be carded out in any zoning district so as to create inherently and recurrently generated ground xa'bmtions which are perceptfole withom instnmaents at any point at or beyond the property lines of the property on which the use is located. Response: The uses as proposed shall not create ground vibrations which would be percept~le beyond the property lines of the subject Planned Industrial Development. 3. Smoke, dust, dirt, or other particulate matter. No use shall be carded out within any zoning district so as to allow the erni~ion of smoke, dust dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carded out so as to allow the eml.qsion of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. Response: The proposed uses do not produce smoke, dust, dirt or other particulate matter that would have any affect off-site of the property and shah comply with all federal, state, county, or city laws or permits pertaining to same. 4. Odors and fumes. No use shall be carded out in any industrial district so as to allow the emi.qsion of objectionable or offensive odors or fumes in such concentration as to be readily perceptt~ole at any point at or beyond the boundary ofindnstrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where district abuts any residential district. EXHIBIT "B" Response: The proposed uses do not produce any objectionable or offensive odors or fumes that would be readily percept~le at any point at or beyond the boundary of the PID. 5. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property linde of the property on which the use is located; or to contaminate any public waters or any groundwater. Response: The proposed uses do not'produce any toxic or noxious matter in any concentrations that would cause or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or contaminate any public waters or any gr°undwater. 6. Fire and explosion hazards. No use shah be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property fights-of-way, or any persons or property thereon. Furthermore, the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. Response: The proposed uses do not create a fire or explosion hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily pereept~le at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away bom any residential use which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. Response: The proposes uses do not produce heat, humidity or glare. Site lighting will conform to code requirements and shall not be directed toward any residential use. 8. Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Code of ordinances, or any applicable federal, state or county laws or permits. Response: Any applicable provisions of Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or county laws or permits shall be complied Page 2 EXHIBIT ~B" 9. Solid waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. Response: The proposed uses shall be in compliance with Chapter 10 of the City of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. 10. Electromagnetic interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and property design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission reg~!_~_ ions, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. Response: The proposed uses shall not create electromagnetic radiation. 11. Hazardous materials and hazardous waste. Items a. through d. Response: ffany businesses locate within the PID which uses, handles, stores or displays hazardous materials or generates hazardous waste, they shall comply with items a. tln'ough d. as outlined in the City's performance standards. In addition, Section]Il ofthe use list outlines specific uses which are prola'bited in the PID and no additions or deletions to this portion of the approved use list has been proposed as part of this request. Page 3 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 04-001 Reference: See Exhibit "B" - Boynton Commerce Center Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comm~mts: 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 X Comments: None Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. $:\Plannin~I\$HARED\WP\PRO.IEGTS\Boynton Gommerco GtfiLISAP 04-001\GOA.0o¢ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 7, 2004 TYPE OF RELIEF SOUGHT: Request use approval for catering and food services in the Boynton Commerce Center PID LOCATION OF PROPERTY: Boynton Commerce Center PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED~WP\PROJECTS\Boynton Commerce C~USAP 04-001\DO.doc VI'.-CONSENT AGENDA ITEM D.2. CITY OF BOYNTON BE/ AGENDA ITEM REQUEST k Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 5 to 0 (1 recnsal) vote, reconanended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-069. EXPLANATION: PROJECT: Renaissance Commons Phase I (HTEX 04-001) AGENT: Carl E. Klepper, Jr., Compson Associates OWNER: Compson Associates of Boynton, LLC LOCATION: 1500 Gateway Boulevard DESCRIPTION: Request for Height Exception of 5 feet-4 inches to allow for the hip-roofs associated with elevator mechanical rooms and stair towers to extend above the 45-feet maximum height provision in the Community Commercial (C-3) and Planned Industrial District (PID) zoning districts. PROGRAM IMPACT: FISCAL IMPAC~t ' l~eve~l~me~t De-patXa~nt ]gkector City Manager's Signature Planning'and Zot~ag Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTSLRenaissance CommonsXHTEX IM-00P, Agenda Item Request Renaissance Commons Phase I HTEX 04-001 4-7- 04 .dot S:XBULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-069 TO: Chairman and Members Planning & Development Board and City Commission THRU: Michael Rump~~1~ Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: March 11, 2004 PRO3ECT: Renaissance Commons Phase 1 / HTEX 04 - 001 REC;~UEST: Height Exception PRO.]ECT DESCR,ZPTJ;ON Property Owner: Compson Associates of Boynton Beach, LLC Applicant: Compson Associates of Boynton Beach, LLC Agent: Mr. Carl Klepper, .lr. of Compson Associates Location: 1500 Gateway Boulevard (see Exhibit "A"- Location Map) Existing Land Use / Zoning: Industrial (1) & Local Retail Commercial (LRC) / Planned Tndustrial District (P[D) & Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Construction of a mixed-use project, consisting of a 10,662 square foot commercial building, 250 multi-family units and 250 townhouse units. Acreage: 28.36-acres Adjacent Uses: North: Developed Motorola site, zoned Planned Industrial District (PTD); South: Right-of-way for the Boynton Canal (C-16), then farther south is vacant property zoned Single-family residential (R-1AA); East: Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then farther east is the Boynton Beach Community High School, zoned PTD; and West: Right-of-way .for Congress Avenue, then farther west are developed commercial properties, zoned Community Commercial (C-3). Page 2 Memorandum No. PZ 04-069 BACKGROUND On July 15, 2003, Compson Associates of Boynton, LLC, owner of the 28.36-acre parcel was approved for a large-scale mixed-use project known as Renaissance Commons (NWSP 03-007). The project consisted of a 10,662 square foot commercial building combined with eight (8) townhouse units, a 4,338 square foot stand-alone commercial building, 250 mulU-family (apartment) units and 242 fee-simple townhouse units. The Applicant has submitted a request for Height ExcepUon approval for decorative roofs over non- habitable spaces / access to mechanical appurtenances, such as stairs, elevators and NC equipment. The maximum building height in the PID & C-3 zoning districts is 45 feet. The elevaUons (see Exhibit "B" - Sheets A3.1.1 - A3.4.1) show that the buildings would be constructed utilizing a hip type roofing system. The code indicates hip and gable style roofs shall be measured at the midpoint between the eaves and the ridge. Utilizing this method of measurement places the typical roof height on the four (4) building types at 43 feet - 10 inches, just below the maximum allowable height of 45 feet. However, the roofs coveting the various mechanical spaces exceed the maximum allowable height of the zoning districts, thus the application for Height ExcepUon. ANALYSZS 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. 1 of the Land Development Regulations, no portion of any structure intended to be utilized for residential, commercial, or industrial purposes within the munidpal 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 UmitaUons and ExcepUons, also states that in considering an application for an excepUon to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relaUon 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 limitaUons, and are eligible for consideraUon of approval by the aty Commission on a case - by - case basis. The applicant has submitted a letter dated ,~anuary 15, 2004 which details the roofs on each building that covers a mechanical appurtenance and exceeds the height limitation (see Exhibit "D" - Letter of Explanation). According to the elevations (see Exhibit "B" - Sheets A3.1.1 - A 3.4.1), the roofs over the stair towers on each building are proposed to be 50 feet - four (4) inches in height to the midpoint between the eaves and the ridge, or five (5) feet - four (4) inches above the maximum building height. Similarly, the roof over the elevator mechanical rooms on each building is 47 feet - four (4) inches in height, or two (2) feet - four (4) inches above the maximum allowable without a Height Exception from the City Commission. The distances from the closest of these roofs to adjacent property lines are approximately 290 feet to the west and Congress Avenue, 900 feet to the east and the E-4 Canal, and 310 feet to the south and the C-16 Canal. Staff has determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. These roof structures provide dimension and interest along the roofline, and enhance the appearance of the buildings, while providing the necessary mechanical and access spaces. When reviewing the elevations provided herein, these structures are barely perceptible from the average roofline, since they do not protrude as far above the roof deck as they would if the roofs were fiat in nature, with a minimal parapet wall. In considering the standards for granting approval, staff agrees 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 Page 3 Memorandum No. PZ 04-069 notes that there are no occupied spaces within the proposed mechanical rooms 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 applicant. Finally, the request is in accordance with the pending Suburban Mixed Use (SMU) zoning district regulations proposed for the entire Renaissance Commons DR/, which would allow a maximum height of 55 feet by right. RECOMMENDATION Based on the analysis contained herein, staff recommends that this request for a height exception of five (5) feet - four (4) inches be approved for the various mechanical rooms of the Renaissance Commons Phase i 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~Renaissance Commons Phase IV~ITEX 04-001 ~Staff Report.doc Location Map ~×,,~,~"^' RENAISSANCE COMMONS C3 PID ~IIC PU PID R1AA T $ EXHIBIT "B" ~ EXHIBIT "B" EXHIBIT "B" ..f ~!,' ,, , EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase I File number: HTEX 04-001 Reference: Application received January 21, 2004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning~Planning Templates\Condition of Approval 2 page revised 2003 form.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc Compson Associates of Boynton, LLC VIA FACSIMILE (561) 742.-6259 8 pages January 15, 2004 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Attn: Mr. Michael Rumpf, Director of Planning and Zoning Re: Request for exception to height San Raphael at Renaissance Commons previous site plan approval #NWSP 03-007 Dear On July 15, 2003 we received approval from City Commission for the above referenced site pla~ According to chapter 2 (zoning) section 4 (Fl2) we would like to ask Staf~ Planning and the Development Board and City Commission to consider an exception to the 45' height limitation. Enclosed please find ten (10) sets of drawings for submission to the Board.' As set forth in the attach drawing there are approximately twelve (12) areas which exceed the present heights limitations. However, this exception is being requested for non habitable architectural elements for access to mechanical appurtenances (i.e. stairs, A/C Equipment and Elevator). Attached is a breakdown of the areas requesting an exception in Exhibit "A'. Accordingly, we would ask that our request for a height exception be submitted to the Planning & Development Board hearing on March 23, 2004 or sooner. Thank you in advance for your attention to this matter. ~so¢iates ofBoynton, LLC . r::..! ~-~ C E. KI Member ~ _ ._' CEK/crd Enclosures EXHIBIT "D" Compson Associates of Boynton, LLC January 15, 2004 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Attn: Mr. Michael Rumpf, Director of Planning and Zoning RE: San Raphael at Renaissance Commons Dear Mike, Please be advised that pursuant to thc plan review approval given to us by your department on July 15m, 2003 there arc twelve (12) roofs which for design, function and or safety reasons cxcccd thc height allowed in thc current zoning district. They are denoted on thc attached drawings as follows: Building 1 A Roof over stair # 1 B Roof over stair #2 C Roof over elevator 81 D Roof over elevator 82 Building 2 E Roof over stair # 1 F Roof over stair #2 G Roof over elevator 81 H Roof over elevator 82 Building 3 J Roof over stair #1 K Roof over elevator 81 Building 4 L Roof over stair #1 M Roof over elevator 81 All of these roofs arc otherwise code compliant with respect to height. Thank you in advance for your cooperation in this matter. Sincerely, C E. mopper;-lr. Moraber / CEK/¢rd Enclosures DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons Phase I APPLICANT'S AGENT: Carl E. Klepper, Jr. - Compson Associates APPLICANT'S ADDRESS: 980 N. Federal Hwy., Suite 200, Boca Raton, FI 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 7, 2004 TYPE OF RELIEF SOUGHT: Request height exception approval to allow a height of 50' - 4" for the stair towers on various buildings, an exception of 5' - 4". LOCATION OF PROPERTY: 1500 Gateway Boulevard DRAWING(S): SEE EXHIBIT "B" A'I-I'ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk VL-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20,2004 April 5,2004 (Noon) [] June 15,2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ~Z~'~c~'~'~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [--] Code compliance/Legal Settlements [] Unfinished Business ~ ~ RECOMMENDATION: Motion to approve the MARINA VILLAGE AT BOYNTON BEACH Record Plat, conditiorl~ on the approving being the certification of the plat documents by H. David Kelley, Jr., PE/PSM (City Engineer and Surveyor & Mapper) and Jeffrey R. Livergood, PE, (Director of Public Works). EXPLANATION: The record plat review for this project commenced on November 14, 2002, to which the fourth review comments were issued on March 8, 2004. Several plat preparation changes not withstanding, the format and complexity in addition to the conditions of the Mediation Agreement has caused delay in the submittal of this document. Staff believes that it is important to note to the City Commission that both staff and the developer's consulting engineer have worked diligently to arrive at this point with the plat. Staff recommends that the City Commission approve the plat as presented subject to final signature by the City Engineer and Mayor. PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. ~ ~ ' ]' ~epart~en~ He~Si~i'ature City Manager's Signature Public Works / Engineering Division Department Name City Attorney / Finance / Human Resources S:~BLILLETIN~ORMS~GENDA ITEM REQUF~T FORM.DOC · L~T/(::W PLAN (~ ~'o .~ SECTION 27, TOWNSHIP 45 SOU~'H, 'I~NGE 43 EAST I 21 22 ~ BOYNTON BEACH BLVD. ,_ 28 '~27 I~ VI.-CONSENT AGENDA CITY OF BOYNTON BEA, ITEM G. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Tumed Requested City' Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17.2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 1B, 2004 May 3. 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ~0 ~. [] Code compliance/Legal Settlements [] Unfinished Business .ag RECOMMENDATION: Return cash bond o£ $8,208.20 to Anderson-Moore Construction Corp. for the project known as the Bethesda Hospital physician's parking garage. EXPLANATION: On March 4, 2004, the Building Division sent to the Finance Department a cash bond of $8,208.20 for the completion of the permitted work for the project known as the Bethesda Hospital physician's parking garage located at 2815 S. Seacrest Blvd. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIV~ Quin st s~.. GiVe'ne, ~Developmeflt Director City h/t'anhger's Signature Development Department ~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Don Johnson, Chief Building Official City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, Fla 33415 RE: 03-050 - Bethesda Hospital Physician Parking Bond: Dear Mr. Johnson: Please let this serve as our letter of request to receive the bond posted for the landscape at Bethesda Parking Garage in the amount of $8,208.20. Sincerely, Anderson-Moore Construction Corp. EXHIBIT "A" 1568 Watertower Road, Lake Park, Florida 33403 Phone: (561) 753-7400 · Fax: (561) 84C~9779 · www. amcbuild.com CGCE04055 · CBC045594 DEPARTMENT OF DEVELOPMENT BUILDING DMSION MEMORANDUM NO. 04-050 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official DATE: March 4, 2004 SUBJECT: CASH BOND - BETItESDA PARKING GARAGE - 2815 S. SEACREST BLVD. Attached is a check for $8,208.20 from Anderson-Moore Construction Corp. This is a cash surety for Bethesda's parking garage and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and .the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Michael Champagne and check XC: Timothy K. Large, Building Code Administrator Permit File # 03-1035 EXHIBIT "B" SSDevelopmentXBUILDINGXMemos\Cash Bonds - 2004\Cash Bond - Bethesda Parking Garage 03-1035.doc CASHIER'S CHECK ~ ~ ~FIDELITY 238098 BANK &TRU$'T March 02, 2004 205 Datura Street, West Palm Beach, Florida 33401 $8,9.08.9.0 PAY ***EIGHT THOUSAND TWO HUNDRED EIGHT and 20! 100'** V CITY OF BOYNTON BEACH THE CASHIER'S CHECK OF NOT VALID 90 DAYS AFTER ISSUE DATE NON NEGOTIABLE ANDERSON-MOORE CONST. (03-1035) CUSTOMER COPY REMITFER AUthORIZED SIGNATURE PRESIDENT ,' 8:180ci8,' ~.~ ;~& ?08 ? :t. 5.o.,-'000000 l, cl l,P. h i~ 5,' CITY OF BoYNTON BEACH N~36325 Boynton Beach, Florida DEPA FoR -'~ EXHIBIT "C" Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com February 4, 2004 Harvey Woodard Anderson-Moore Construction Corp. 1568 Watertower Road Lake Park, Florida 33403 Re: Bethesda Hospital Physicians Parking File No. 352.18 Dear Harvey, I have reviewed the list of replacement plant material prepared by Grajada Farms, Inc. I find the plant quantities, unit prices and totals to be acceptable. The replacement price for the plant material is $ 7,462.00 plus ten percent equals a total cost of $8,208.20. Please call if you have any questions. Sincerely, Michael Champagne Kilday & Associates 352.18/coo~ pondance/woodard 24-04.doc EXHIBIT "D" VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM H. AGENDA ITEM REQUEST i Requested City Commission Date Final Form Must be Turned Requested CiD' Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) ~ [] May4,2004 April l9, 2004 (Noon) [] July6.2004 June l4, 2004 (Noon) ~ [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) ~ [] Administrative [] Legal cZ> NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: Approve the performance bond for the development called Serrano, PUD (a 47 S.F.R. development abutting the east property line of Village of Golf and just north of Paimland Drive and the L-28 canal). The bond is subject to approval by the city attorney and issuance of the land development permit. EXPLANATION: This $34,684.00 surety is for restoring the site should the project not be developed. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Approve with additional conditions. ~ I)~/~ Dep~m~d's~ Signature ' City Manager's Signature Depa Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC ~ond ,~.; 5008943 ALI, ~ I~Y 'I'ftBSB CI'I~, lil~ ~II ami;just sum of. . ..* .... . ..... _ .... *~irty Four ~ousand Si~ Hundred Eighty Four and 00/100 Dollars ~ ~a ~ ~~p~ ~ ~ ~Serranp _. ~~~ ~a c~pmj~~ ~.. Serrano ~ NOW, ~~ ~e c~~ of ~ oberon ~ ~h ~m ff ~e Bond Safeguard · . i Insur§nce ~C°mpanl~."= '~no~.b,a_ra, ~n ':,' 60148 Cook ~y~~~ March 29, 2004 ~ NOTARY PUBLIC, STATE OF ILI.II~IOll .owE. oF Bond feguard KNOW ALL MEN BY THESE PRESENTS, ~at BOND SAFEGUARD INSURANCE COMPANY, p~ndp~ o~e in L~bard, III1~, does hereby cons~e and ap~lnt: Lewis James Scheer, Michael J. Scheer, James I. Moore, N~ Rhea, Bonnie Km~, S~phen T. K~er, Dawn L. ~rgan, Peggy Faust, Kelly A. Jambs, Elaine Mar~s, Jennifer J. McComb i~ ~e ~ ~1Aff~ey(s)-ImFa~ to m~e, exe~te, seal ~d deliver for, and on i~ behaff as sum~, ~y ~ all ~nds, unde~kings or o~er w~fings obliga~ in ~m of a bond. Th~ a~ is ~de u~er ~ by ~e au~ of a msolufi~ which was passed by ~e ~rd of Directom of BOND SA~GUARD INSURANCE COMPANY on ~e 7~ ~y of November, 2001 ~ follows: R~ed, ~ ~e Pmside~ of ~ ~mp~y ~ hereby au~flzed to ~int ~d em~wer ~y representative of ~e Company or offier per~ or pe~ ~ ~y-ln-Fa~ to ex~e on beh~ of ~e Cbmp~y ~y ~s, unde~ngs, ~icies, ~ffa~s of indemni~ or o~er ~fln~ ~a~ in ~re ~ a ~ ~ to ex~ ~,0~.~, Rve Hu~md T~ ~1~, which ~e Company might ex~ ~h ~ ~ el~ o~em, ~ a~ ~e ~N of ~e ~p~y ~ereto. ~y ~d e~c~on of such ~u~nts by an AEomey- In-F~ ~1 be ~ bl~i~ u~n ~e ~y ~ ff ~ey ~d been dun ex~ ~ a~~ by ~e mgul~y elated o~em of ~e ~y. ~y ~o~wl~Fa~, ~ ~nt~, ~y ~ re~v~ for ~e Power of Aff~ey. Res~, ~t ~e s~m of ~e Pres~ent ~d ~e ~ of ~e C~p~y ~y ~ afflx~ by fa~imile on any ~wer of aEomey g~, ~ ~e N~m ~ ~e ~ Pre~ ~ ~ ~ of ~e ~mpany may be aF~ by ~mimile to ~y ce~ficate of ~y such ~wer ~ ~y s~ ~wer ~ ce~te being s~ ~mile ~gna~m ~d sen sh~l be v~id ~d bi~ing on the Comply. ~y such power so ex~ ~d ~ ~ ce~te ~ ex~t~ ~d seal~ shall, wi~ respect to any bond or under,rig to which E is aEached, continue to be ~ld ~ bl~lng on ~e ~m~y. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this inst~ment to be signed by its President, ~ i~ ~te Se~ to ~ a~ed ~is 7~ day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY ( ~' '~av~E~m~ell ' Presidenl On ~i~ 7~ d~y of Nowmber, ~, before me, pe~on~lly o~me David E. Oampbell Io me known, who being duly sworn, did dele ~ ~y ~8I ~ I~ ~ P~ldem of BON~ ~AFE~ INSg~NOE O0~P~NY, ~e oor~[~lion desoribed in ~nd whJ~ exeouled ~ ~ i~s~n~ ~8~ he ~ed ~id I~ment on b~ll ot ~e oo[~lion by ~u~o~ ot his offioe u~e~ ~e By-18ws ot s~id ~o~on. JANETL. COPPOCK ~ Ja~et~ NOTAI~¥ PIJBMC, STATE 0F ILLIN01S J /// Notary MY COMMISSION EXPIRES 8114105.~;%;~_.__._~;.._..._.~...;;..~.. Public CERTIFICATE I, ~e undemlgn~, Secmta~ of BOND SAFEGUARD INSURANCE COMPANY, ~ Illin~s Insum~e C~y, ~ HEREBY CE~I~ ~t ~e ~g~al Power of A~omey of wh~h ~e fom~ing is a t~ a~ corre~ c~y, ~ in ~il fome and eff~ ~ has ~t been revoked ~d ~e re~ns as set fo~ am now in fome. Signed ~ Seal~ at L~bard, Illin~s ~is 24th Day of February ~ 04 Donald D. Buchanan Secretary VI.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM AGENDA ITEM REQUEST FL Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May lB, 2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation -2- [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the "COASTAL BAY COLONY, A PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., PE/PSM (City Engineer and Survey & Mapper). EXPLANATION: The record plat review for this project commended on June 2, 2003, to which the fourth and final review was completed on March 22, 2004. Several plat preparation changes not withstanding, staffnow recommends that the City Commission approve" the plat as presented subject to final signatures by the City Engineer and Mayor. PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. ~ ~City-Manager's Signature ~5/~1ffO4-- D eP m~nt ~aXdZ~-$ignature Public Works / Engineering Division Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC II ii LOCATION MAP NOT TO SCALE VI.-CONSENT AGENDA CITY OF BOYNTON BE3 ITEM J. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] .April 6, 2004 March 15, 2004 (Noon.) [] June l, 2004 May 17, 2004 (Noon) [] April 20, 2004 .april 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 1 $, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: City Commission approval for the transfer of funds from the City Contingency Account No. 001- 1211-512-99-01 to the City Attorney's Litigation Contingency Account No. 001-1910-51431-14, which will provide the funding for the settlement in the matter of Vincent Molle vs. City of Boynton Beach, which settlement was approved on March 16, 2004. EXPLANATION: Currently, the City Attorney's office is without funding in the Litigation Contingency Account. On March 16, 2004, the City Commission approved settlement of Vincent Molle vs. City Of Boynton Beach & The Florida Department of Transportation case in the amount orS10,000. PROGRAM IMPACT: The transfer of funds into the City Attorney's Office Litigation Contingency account will provide the funding for case settlement of the above lawsuit. FISCAL IMPACT: n/a ALTERNATIVES: ~ Department Head's Signature City Manager's Signatttre Department Name ~ City Attorr~/Finance / Human Resources S :~BULLETIN~FORMSL~.GENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM K. AGENDA ITEM REQUEST Ft Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] Jul), 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Authorize the use of Community Investment Funds to Florida Trust for Historic Preservation, Inc. EXPLANATION: Commission approval for allocation of $500 of community investment funds to Florida Trust for Historic Preservation. Florida Trust is hosting its 26th Annual Conference in the City of Delray Beach May 13 - 15, 2004. This funding ~411 help defray the cost of tours of Boynton Beach and Lake Worth as part of the conference. PROGRAM IMPACT: Allocation of funds will assist the above conference. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,000 in Commumty Investment funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature CityManager s Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: March 18, 2004 Requested by Mayor/Commissioner: Mayor Jerry Taylor Amount Requested: $500 Recipient/Payee: Florida Trust for Historic Preservation Description of project, program, or activity to be funded: Co-sponsor of tour of Boynton Beach and Lake Worth. Dated: .iDc~ g'/~ City C;ler~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $1,795 has been used to date by the requesting Member, leaving a balance of available funds of $10,205. This request would bring the available amount down to $9,705. Accordingly: fi' There are funds available as requested [] There are insufficient funds available as requested. Dated: 3 Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) 'O/' The proposed expenditure of funds will not result in improvement to private property; ,d' The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach. The Florida Trust for Historic Preservation provides services in the City by providing resources related to the economic impact on historic preservation. ,d' The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated pufffose. Dated: ::31'2-%--I01-p By:['~/~,,a~ S:\City Mgr~dministration~MAYORCOM\COMMUNlTY INVESTMENT~Taylor-Florida Trust 4-7-04.doc, 3125/2004 83/8:1/2884 09:07 56:1-355-4422 CDHH:]:~SfONER HCCART¥ PAGE 03 February 18, 2004 Mayor Jerry TaylOr. City of Boyntoo Beach P.O. Box 310 Boynton Beach, FL 33425-03 ! 0 Dear Mayor Taylor: The Florida TrUst for Historic l~reServation will be hostin8 its 26~ Annual Conference in the 6ity of Delray Beach, Florida, May ]3-]$, 2004. 'Hundreds of professionals at~end this conference, including architects, pbmners, historic prescrvmionists and urban designers. We have a very positiv, e ecoaomic impact on the local commUnity ~nd the county, as our ~endees spend four days eafin~ shopping and touring Palm Beach County's historio One of'o~r to~s 0n Friday afternoon, lViay 1.4, will ~*to 2~nt0n ..~e,~c.~ andLa~ Worth. In Boyr~on, we will be visiting the Women's ClUb s~.d'we will ~iso tour mound the Boynton Beach schOOl/museum. Plex~:co~Sider ha~in8 the City ~f Boymon Beach be a co-sponsor of thi~ tour at $1000. The Ci~7 of L~ke Wo~h and the Lake Worth Chamber of Commerce ~re ~iso helpin8 to ~pons~ thi~ tour. A~ a Silver Sponsor ($1000), yom* city will be ii,ted in alt conference publications, ~d will be ~isted as a tour sponsor on that tour bu~. yOu a]~o ~et ~m invit~ion .to the lqorida Trust's Pres~dem's ViP' Party, One complimentary,registration to the conference (that includes ali tours and SPecial. events) ~md four ticke~s to th~ Florida Trust Final Gals Event. I lurve included the Silver Sponsor sheer as WeU so you.ca~ read over the'benefits. If you have ~y quosriom, ~ me ~t ~50.224,8~25. I hope that. the City of Boynton Be~ch ~an' help sponsor .our corff~ence,,*perhaps with the help of your c~ty's CRA. A copy of this letter will 80 to Doug Hutchinson as well.. Thank you for your con~lersfion. We look forward to a wondg~fui event in Palm Beach Cou ry · · . ,.... www, floridotms~,vrg 03/0]./2004 09:07 56!-355-4,422 COMMISSIONE~ MCC~T¥ ~E 04 Silver Sponsor $1,000 - 2,500 * Sponsor a~kn0wledgment in the Florida Trust's The Florida Preservationist, dislributed. stat~wide (3, 000 readership bimonthly). * Spo~a3or aeknowlexlgment ha the Florida Trust Annual Conference brochure, distributed nationally aad statowid¢ (5, 000 readership). * Sponsor a¢Icuowledg~ent in the Florida Trust A~ual Conference on.-sit¢ brochure, distributed to all conference attendees. * Sponsor information hasertcd in the Florida Trust Annual Conf~¢nce packets, distributed to all conference attendees. * Sponsor acknowledgment on publicity provided at the Florida Trust Annual Coaferenc~. * Invitation to the Florida Trust President's Reception. * One oomplimentary Full Confctrnce Registration to the Florida Trust Amaual Conference. * Four colllpllmentary tickets to the Florida Tru,~ Final Gala. Ail contributions arc tax d~ductible as allowable by law. Documentation of the sponsors gift will b¢ provided by the Florida Trust' for Historic Pre~rvation, a npnprolit oorporatio~ with 501(cX3) tax-status. Other. sponsorship benefits can be negotiated with the Florida Truat for Historic Preservation. · For mor~ information or to confmn sponsorship, please contact Katble~n Slesniek Kauffman, Ex¢¢athre Director in the Tallahaaaee Office, (850) 224-8128, or by emMl, dLrcetor~floridatrust, org. 'Post Office Box 11~06, Taltak=$see, Florida 32302-3206 l l l4g~ma~ille Koad, Tallaha~s~, Florida 32303 · Telephone: BSO-Z24-8128 ' F~ 850-Z24-8159 VI'.-CONSENT AGENDA ITEM L. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorize City staff to prepare a letter to South Florida Water Management District agreeing to include .03 acres of property in an off-site mangrove mitigation area on behalf of the Marina project. EXPLANATION: As part of the engineering plans for the Marina project, the City requested that an existing 24" vitrified clay sanitary sewer presently located in an area where the Marina condo buildings would be constructed be relocated to another alignment. The new alignment for this sanitary sewer (24" lined, ductile iron pipe) is within the extension of Marina Drive, which intersects with Boynton Beach Boulevard. Within the area of a portion of Marina Drive there is 280 sq. fi. of mangroves that will have to be mitigated off-site. The CRA is developing an off-site mangrove mitigation site at Jaycee Park to handle the mangroves impacted by the extension of Boynton Beach Boulevard. Staff has reviewed the request of the developer as confirmed by the SFWMD staff that off site mitigation of.03 acres is possible and deemed desirable by SFWMD on the Jaycee Park as an alTlrmative means of meeting the terms of the developer's permit with SFWMD. Staffhas reviewed the request of the developer and has reached the conclusion that there is public benefit served by the off-site mitigation of .03 acres for the following reasons: 1. The relocation of the sanitary sewer to Marina Drive is preferable to leaving an older line that is in danger of being damaged by building construction (pilings being installed for the building). 2. Long-term maintenance of the line in a relocated position in Marina Drive is easier and safer. 3. The material used in the relocated sanitary sewer (lined, ductile iron) is superior to the vitrified clay pipe. 4. The developer is paying for the relocation of the sanitary sewer line to Marina Drive. The developer will be responsible for the following: 1. Payment of approximately $80,000 in mitigation costs for the .03 acres, which is 1,306 sq. fi. This cost represents two times the cost of mitigation that the CRA will be paying for the public rights of way. The difference in the base price of the mitigation and the additional cost will be used for park amenities at Jaycee Park. 2. Per the SFWMD staffreport, the developer provides a preservation easement for the remaining mangrove shoreline within the Marina project by recording a conservation easement and maintaining the mangrove area on an annual basis for a period of time (usually five years), perpetual maintenance of the mangrove shoreline within the development and installation/maintenance of signs that discourage public encroachment into the mangrove area remaining on the Marina property. S:~BULLETII'&FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM A second mitigation area of .03 Acres has been identified adjacent to the above site. This area must be mitigated to allow the construction of a transformer pad for street lights so that the lines can be placed underground at this time. The exact cost sharing of the underground lines is still being discussed between the Developer and the CRA. Because the CRA will be sharing in the benefit of this mitigation, the cost of the mitigation, which is estimated to be $40,000 total, leaving a cost of $20,000 to the Developer and $20,000 for the CRA. The total financial obligation of the developer is projected to be $100,000. PROGRAbl IMPACT: There is a demonstrated public benefit for the proposed action and there is room at Jaycee Park to accommodate the .06 acres of additional mangrove mitigation without impacting the recreational functionality of the Jaycee Park property. This arrangement will allow the SFWMD to release the permit for the Marina development. Staffbelieves this to be an innovative and responsive approach. FISCAL IMPACT: None, a modest contribution by the developer to the construction budget for the recreational amenities at Jaycee Park. ALTERNATIVES: Require the developer to mitigate the mangrov~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources Excerpt ~om SFWMD StaffAnalysis on Permit and Proposed Mitigation: ..... Original Message ..... From: Barbara Conmy [mailto:bconmy@sfwrad.gov] Sent: Friday, March 19, 2004 12:44 PM To: Carlos Ross@ Cc: Ed Cronyn; Robert Robbins; jena@ibisenv.com; Craig. BrowningOkimley-horn.com Subject: Re: FW: Mangrove Mitigation for Boynton Marina Mr. Rosso-As we discussed today, if the City would be agreeable to providing additional mitigation for your project as part of their mitigation plan at Jaycee Park, the minimum amount of mitigation in the form of wetland creation required for your project would be 0.03 acres if the balance of the mitigation necessary to offset wetland impacts associated with your project was provided through another mechanism. One option would be to assign preservation credit for the remaining mangrove shoreline within your project by recording a conservation easement over the mangrove shoreline, monitoring and maintaining the mangrove area on an annual basis for a period of time (usually 5 years) and perpetual maintenance of the mangrove shoreline within your project's property boundaries. In addition, we would suggest installing preserve signs along the northern limits of the mangrove shoreline to discourage encroachment into the mangroves by the public. Let us know if this scenario would work. Barb CoD_my S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM This is a projection of mitigation costs as identified by Kimley-Hom on 3/24/04 Mitigation Area @ Jaycee Park ~j ~_~ Kimley-Horn I City of Boynton Beach I and Ass0dates, Inc. J Engineer's Opinion of Probable Construction Cost 3/24/2004 Unit Total Item No. Description Unit Cost Quantity Cost Creation of 0.3 Acres of Mitigation Area I Mobilization and Survey Layout LS $ 7,500 1 $ 7,500 2 Erosion & Sedimentation Control LS $ 4,000 1 $ 4,000 3 Cleadng and Grubbing Ac. $ 5,000 1 $ 3,000 4 Excavation of mangrove creation areas and flushing channels Cy $ 6.00 2,000 $ 12,000 5 Mangrove Plants and installation EA $ 20.00 1,500 $ 30,000 6 Upland Buffer Trees EA $ 125.00 80 $ 10,000 7 Upland Buffer Shrubs EA $ 8.00 1,000 $ 8,000 8 Stabilization of adjacent areas (Sod) SF $ 0.50 5,000 $ 2,500 Sub Total $ 77,000 Project Total $ 77,000 Project Contingency (20%) $ 16,000 Opinion of Probable Construction Cost $ 93,000 Soft Costs 0.3 Ac. (Design, Permitting and Construction Observations@15%) $ 14,000 Five Year Monitoring and Maintenance $ 60,000 Subtotal of Construction, Design, Monitoring and Maintenance $ 167,000 Mitigation Area (0.3 Acres) in Square Feet SF 13,068 Construction and soft Costs per Square Feet $ 12.78 Total Jaycee Park Land Cost $ 3,800,000 Jaycee Park Boundary, Topographic & Tree Survey Cost Allowance $ 15,000 Subtotal Jaycee Park Land & Survey Cost $ 3,815,000 Total Jaycee Park (5.0 + Acres) Area in Square Feet SF 217,800 Jaycee Land and Survey Cost per Square Foot $ 17.52 Total Opinion of Probable Construction, Soft Costs and Land Costs Per Square Foot $ 30.30 0.03 Acres of Mitigation Area SF $ 30.30 1,307 $ 40,000 I 0.06 AcmsofMiti~ationArea SF $ 30.30 2,614 $ 80,000 ~ S:~,BULLETIN~FORMSX, AGENDA ITEM REQUEST FORM.DOC VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BE/ AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal x:' ._~-< NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation -..I :~.-< [] Consent Agenda [] Public Hearing "O [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please maintain this request on the April 7, 2004 City Commission Agenda und[~ Public Hearing. The City Commission voted to table the proposed code amendments until after the Community Redevelopment Agency Board meeting on April 13, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-028. EXPLANATION: PROJECT: Mixed Use Code Review (CDRV 04-001) AGENT: City-initiated DESCRIPTION: Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: /~. ~~_ ~ Developmenl~l~epa~ne~t Director City Manager's Signature l~lanning Md Zo~i~irector City Attorney / Finance / Human Resources S:~Planning~SHARED\WPXSPECPROJ~CODE REVIEW~CDRV MU-H MU-LLStgenda Item Request Mixed Use Code Review CDRV 04-001 4-20-04.dot S:~BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPHENT DEPARTHENT PLANNZNG AND ZONI'NG DI'VZSZON HEHORANDUH NO. PZ 04-028 TO: Chairman and Members Community Redevelopment Agency Board THROUGH: Michael W. Rumpf ~,~ Director o~EJ~~and Zoning FROM: Dick Hud~;~nior Planner DATE: February 3, 2004 SUB3ECT: CODE REVIEW CDRV 04-001 Nixed Use Zoning Districts (MU-H & MU-L) PRO3ECT DESCRiPTiON Project: Proposed amendments to the Zoning Regulations for Mixed Use-High Intensity (NU-H) and Mixed Use-Low Intensity (MU-L) zoning categories. Agent: City of Boy. ton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbright Road on the south, and lying between the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. flAT,IRE OF REOUEST The regulations for the Nixed Use-High Intensity (NU-H) and Mixed Use-Low Intensity (MU-L) zoning categories were adopted on 3une 18, 2002. After eighteen months of working with these regulaUons, staff has determined that minor amendments am warranted to bring the regulaUons into doser conformance with the Intent of the Fedem/ ff/~qhway Corrfdor Communi~ Redevelopment. P/an and to aid in their administration. The specific IocaUons where these district regulaUons may be applied are generally described as lands currently designated as Nixed Use (MX) and Nixed Use-Core (MXC) on the City's Future Land Use Nap. ANALYSZS The proposed amendments to th*e Mixed Use zoning districts (see Exhibit ~A'~ include additions and changes to the following sections: Section 6.F.q-Table 6F-! Schedule of Permit~ed. Pdndoah Accessory and Conditional Uses. Uve- Work Units have been added as permitted uses In both zoning districts, while Self-storage or Page 2 CDRV 04-001 Mixed Use Zoning Districts (MU-H MU-L) Mini Warehouse use has been made a conditional use in the MU-L district. Supplemental regulations are provided for each use (6.F. 14 and 6.F. 15) to address IocaUon, design and olf~r related aspects. It should be noted that, with the proposed changes, the majority of permitted uses would be required to be Integrated Into a mixed use project. Section 6F. 5 Building and site regulations. In the N. ir~!mum Parcel Size table, NI other Uses now requires a minimum lot size of 3 acres to rezone from a single-family residential district to the MU-L district if them is no frontage on an arterial roadway. Maximum Roor Area Ratios are established for each of the Hixed Use districts, consistent with the Intensities established in the Comprehensive Plan. Section 6.F. Z6 Definitions. New definitions have-been added for Rtness/Health Club, Hotel, Extended Stay Hotel, Uve/Work Unit, and Theater. RECOMMENDAT]:ON Staff recommends that the subject text amendments, as the proposed amendments to the zoning code. [f there are changes or additions recommended by the Community Redevelopment Agency Board, they will be attached to this report as ~EXhibit B': Exhibits S:~PLANNING~SHARED\WP\SPECPRO.I\CODE REVZEW~CDRV. MU-H MU-L\CDRVSTAFFREFTO4.DOC C[LAPTER 2 ZONING Exhibit A Sec.& Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office, retail, recreational, and embled p ~....~. ,u.. ~.~.~.~ u:..,. ...... o......:,a~., within the other miscellaneous uses on ass arcels .... e, ........... e,~., ~.J ........ Communi~ Redevelopment Area. All development and redevelopment shall be guided represented by a~ approve~orresponding site plan processed concurrently with the application The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments though appropriate separation fi:om, and design ofvehicul~on'l~~ · ~ ~ maximizing compat,bility anatool~ with/e redevelopment area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected gccgraphic areas east of 1-95, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. Heights, densities and intensities of development are regulated according to the classification of the roadway determined to be the frontage of the property. A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Future Laud Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. Upon adoption of the Mixed Use-Core (MX-C) land use classification, this zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. The district allows a maximum height of one hundred-fif~ 050) feet and a residential density of 80 dwelling units per acre, provided that all 1 S:~Planning~SHARBD\WI~PBCPRO~DE REVIEV~CDRV MU-H MU-L~--x~Ie stn'ke&under2-25-04.doc new developments within this district that front on streets designated as "arterial" or "collector" roads~ways on the "Functional Classification of Roadways Map" contain a mixture of retail, office and/or residential uses arranged either vertically or horizontally. b. MU-L (Mixed-Use-Low Intensity) Zoning District. In order to complement the revitalization efforts in the City's commercial core, the MU-L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. The MU-L district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows a maximum height of seventy-five.(75) feet and a residential density of 40 dwelling units per acre for mixed use projects. Building heights between seventy-five (75) feet and one hundred (100) feet may be permitted if reviewed as a conditional use. The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new mix-e4-m~ developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" roadg-'ways.on the "Functional Classification of Roadways Map" and shall contain a mixture of retail co~lean~, ~or re~btentill~seS~l~l/~l~lr be arranged either vertically or horizon~l'iHe]~t r~_~ns a~gn~fil.~ l~e/l~he]' limited in 4. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. Uses are classified as Peamitted "P", Conditional "C" or Not Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explaim restrictions associated with the use. The Planning and Zoni_ng Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. TABLE 61'-1 Re~ldentl~ or Lodging Use Gronp . Bed and Breakfa~ C N Boutique Tnn _N_ ~ Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached t~_ N .Residential, Single Family Attached P laC_ Residential, Multi-Family p ., pa Boardiog and Rooming House N N (except where provided by state law) Accessory Unit P N 2 S:~Planning~HARED\WI~PECPROJ~-X}DE REV1EW~DRV MU-H MU-L~,ode s~'ge&under2-25-04.doc ,,USE GROUP/USE, , MUlL ~ONI~ MU-H '~,0NE Livdwork Unit pt~ p~ Community Facilities Use Group MU-L ZONE MU'H ZONE Government Office/Civic Center/Library C Recreation (outdoor) P N Museum P P House of Worship P~ H C~ Police or Fire-Rescue Station p4 p Postal Center (retail sales only) C Post Office p Public Park P P Public Parking Lot or Garage P P Office Use Group* MU-L ZONE" MU-H ~,ONE * Not encoma[~ed as a first floor use in the MU-H Zone Bank/Financial Institution C~ c9 , Ph ical'rher y ffi · Professional B,.usiness ~tie.~ · '~k ii~ It 1~ ] I P~ Vetefinar7 Office or ~ ~ ~ .~...ll- ~ N Sale~ aud Geuer~! Commercial U~e MU-L ZONE MU-H ZONE Group* * Where permitted within the MU-L Zone, only on lots fron..fing on major arterial roadways._ Alcoholic Beverage Package Store pO pO - Ammunition or Firearm Sale or Rental N N Animal Board/ng or Kennel ~o' N Animal Grooming po- p~, sales Antique Store Antique MalFFlea Market N N Arts, Chaffs, Hobby and Framing 1 Auction House N N Automotive Parts Sales N N Automobile Sales with Display Bakery, Retail pO pO Boat/Marine Sales/Rental N Boat/Marine Accessories ti~, ' pO Bookstore pO pO B. uildin~ Supplies or Materials N . . N . Bus Terminal N NC_ New Clothing, Shoes or Accessories pO pO Boutique Contractor's Office/Equipment Storal~e N N Coffee Shop pO pO Convenience Store po po 3 SAPIanning/SHARED\WP~SPECPROACODE REVIEW~DRV MU-H MU-L~xle stn3ceS~der2-2~-04.doc USE GROUP/USE MU-L ZONE MU-H ZONE Custom Home Fumishinl[s" Sales and General Commercial cont'd Cyber-ear6 pO pO Delicatessen pO pO Dive Shop and Instruction as Accessory Use pO p Drag Store or Pharmacy Pu p3 GasoFme Sales with/without Vehi({le Service C~° N Grocery Store, Supermarket P7 Florist PO 1 Hardware Store pO pO Health Food Store pO pO Home Improvement Centers N N Lumber Yard N N Marina C_ C_ Newsstand P~ P~ Outdoor Storage or ~ ~ .. ~ ~ ~ ~ N Parking Lot for Comu~a~ [~h~s '~ ~ ]~ ~ ~' ~ ~ N Parking Lot or G-a~age~iv~ ~G~ ~ip ~ .. ~ ~ ~ ~ C Personal Watercraf~ ~ ~ ~ Parts or Repair Photographic Studio and Photographic Supplies Restaurant, w/Drive Thru Restaurant, Sit-Down G,p_.O pO.. Specialty Foods and Confections pO pO Sporting Goods pO pO . Tobacco and Accessories pO pO Vehicle or Marine Customizing, Detailing, N N Service, Parts or Repair Vehicle or Marine Trailer Sales, Rentals, N N Service, Repairs and Storage Video Rental 'pO pO Wholesale/Warehouse/Distribution N N ~erviee Use Group* ' MU-L ZONE MU-H ZONE * Where pem~t~ed within the MU-L Zone, only onlo~ frontin~ on major arterial roadways. Barbershop/Beauty Salon/Day SpapO pO Dance Studio pO pO Dressmaker or Tailor pO pO Dr) cleaner pO,S pO~ Fitness/Health Club G.p_~ pO Funeral Home N N HoSPital N N Labor Po01 Establishments N Laundromat pO N 4 S:~Planning~SHARED\WP~PBCPROf~-'ODB RBVIBW~DRV MU-H MU-L~,ode sm'ke&m~ler2.25-04,doc USE GROUP/USE MU-L ZONE MU-H ZONE Nurser~, Preschool or Child Da~are p6 N Service Us,e Group cont'd MU-L ZONE i' MU-H ZONE Nursing or Convalescent Home N N Photocopy Center pO p~ Self-Storage or Mini Warehouse tq~._~~ .. N Shoe Repair pO ~o Soup Kitchens,/Substance abuse Centers/ N N Shelters/Half-way Houses Tattoo Parlor/Bod~, Piercin~ N N Entertainment Use Group* MU-L ~)NE MU-H' ZONE * Where p~mitted within the MU-L Zone, only on lots fionting on major aRerial roadways. Adult Enterta/nment N N Bar, Cocktail LoUnse C~ P~ Billiard Club/Bowling Alley/Indoor Ca pO Recreation Facility B.ingo Hall ~ ~ ~. ~ ~ · ~ N Fortune Teller ~ ] [ ~ j~ ~ ]~ J'' ~ 'N , Movie Theater ~ !~,k~ j-/ k ml ~ G~ Night Club ~ .~.--~ .~.~ ~ C ?efformin~ Arts Theater N P Private Clubs, Lodges and Fraternal C~/ Ca Organizations Accessory Use MU-L ZONE MU-H ZoNE Drive-Thru Facility (other than accessory C9 N use to financial institutions and restaurants) Restriction Notes: Must be an integral part of a mixed-use development comprising a maximum of 30 percent of the gross floor area of the entire development. 2 For those with frontage on an arterial mad, allowed as a permitted use if the ground level floor fronting the medal is devoted to office or retail uses. Otherwise, use is a conditional use. s Usc shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 squ__are feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than $,000 gross square feet, 1,500 feet. 4 Subject to setback and buffedng requirements as recommended by the Technical Review Committee. s Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the rcmaining commercial or mixed use development. 7 Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. 5 S:~Pianning~SHARED\WI~SPF_L~ROJ~CODB REVIEW~CDRV MU-H MU-L~dc ~rii0~l~nder2-25-04.doc 8 On-site drop-off and pick-up only. 9 Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Ingress/egress shall not be from/to an arterial roadway. i0 Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline or gasoline products. ~ Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). ~2 Indoor storage/display shall not exceed 10,000 square feet. 13 In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. ~4 See Section 14 for regulations. ~ See Section 15 for regulations. 5. Minimum Parcel Size' ' ' MU-L ZONE MU-H ZONE Residential Or Lodging Use Group r ote h i 3 acr * *or is part of a m/z_mi use a~i~t al~ ~ ~5 acr~.~1] · Residential, Single Family Del~he~ l N · ~.. ~ 51)01sq. ft. 1 -- .Residential, Single Family Det~he~w/A~l~s, ~J~hit - I. ~ sq. ~ -- Residential, Single Family Attached 7,500 sq:. ft.- 65,000 sq. ft. Residential, Multi-Family 15,000 scI. fc 20,000 sq. R. Community Facffity Use Group Public Park no minimum no minimum All other Uses 10:000 scI. It 10,000 ~. ft, MU-L ZONE MU'I/' ZONE Minimum Living Area ,. Single Family Detached 1,000 sq. It. -- All other Residential 750 sq. ft. 650*"sq. fi. A.cc~sor7 Apartment 750 sq. ft. -- * gi~ of all unit~ mast average 1,000 sq. it.' Minimum Lot Frontnge MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 fi. -- Residential, Single Family Attached (Duplex) 75 fl ~ Residential, Single Family Attached (Townhome) 25 ft -- Residential, Multiple-Family 100 ft. 100 It. All Other Uses 100 It. 100 It. 6 S:~Planning~SHARED\WI~SPECPROJV~DB REV1BW~DRV MU-H MU-LVT~Ie slrike&under2-25-04.doc Mu-L ZONE MU-H ZONE Maximum Hei[~ht .... Residential Or Lodging Use Group Residential, Single Family Detached 35 fi. --- Residential, Single Family Attached (Duplex) 35 f -- Residential, Single Family Attached (Townhomes) 35 fl 45 fi. Locationnl Requirements for Heigbt~ Density and Floor Area Ratio* AH Other Uses Tvoe Of Zoning Districts Roadway MU=L .ZONE [ MU-H ~NE ' Frontane "Heieht~ I DensiW, .FARz[ Heieht~ Density FARz Arterial 753-100~'4 f [ 40 du/.ac 1.5-2.0 150 f?' 80 du/ac 4.0 Collector 45-75~ f [ 20-40 d,u/ac 1-1.5 150.f.~ 80 du/ac ,4.0 Local Colleetor 45 fi -~r-~,0 du/~..u · 1.0 · ~ ~ NO Local ,NO ,B ~ t~CM I NO~,I ~B) j ~' IN~ NO ! ~' Miniature Heizh~ on any ~.t u. ' .feet. ...... ~.~,~i~ "1 ;h~ arldm, actures] z Includes all nno~abie s~:,~c- -- ,e -- _ *' Maximum height of fi:ont facade is 45 R. above which building must step back a minimum 10 fi. steplmek for eve~ each additional 50 tt. of height. 4. May increase to the maximums, subject to conditions to minimize design and land use incompatibilities. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance of, or simulate the intensity of, a minimum two (2)-story building. imcnm P RWOUS ZONE Comm ,unity Facility Use Group _. Public parlcin~ Lot or Garage -- 15% Residential Or Lodging Use Gronp Residential, Single Family Detached 40% -- Residential,' Single Family Attached 30% 30% AH Other Uses 20% 15% FRONT YARD SETBACK MU=L ZONE MU-H ZONE Residential Or Lodging Use Group ., Residential, Single Family Detached build to line 10 it.~ __ Residential, Single Family Attached build to line 10 f.! Residential, Multi-Family build to line 10 AIl Other Uses including mixed use with a single-family 0 for 10 ft~ Oflor lO15f~ attached com~nonent--build-to line 7 S:~Plar~HARED\WP~SPECPROJV2ODE REVIBW~DRV MU-H MU-L~Code s~n'ke&under2-25-04.doc ~ Porches may be placed forward of the build to line and shall maintain a minim_ um 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. 2 Projecting feature(s) such as awnings, balconies, porches and/or stoops ~?~I may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. 3 One or more projecting feature(s) such as awn_ ings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a miuimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. 4 Where intent is to widen pedestrian walkway in compliance with Section 9.rd) Landscaping (below). si E YARn M -L M -a ZONE Residential Or Lodging Use GrOuP Residential, Single Family Detached, Interior 6 ft. -- Comer 15 ft -- Residential, single Famiir, ch i I -- Residential, Multi-Family 20 ft! 0 ft: All Other Uses Adjacent to Residential Single Family Attached or 25 ft. ~ 0 ft.' Detached in the MU-L Zone Adjacent to Other Uses 0 ft. ~ 0 I plus one additional foot for each foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. REARYARD MU-L ZONE MU-II ZONE Residential Or ,Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway 25 ft. 25 ft. Residential, Single Family Detached ,7.5 ft. Residential, Single Family Attached 7.5 ft. Res.idential, Mul -Fami y 2S ft. All Other Uses Where Yard is Adjacent to Intracoastal Waterway25 ft. 0 ft.~ Where Yard is Adjacent to Residential Single Famiiy 25 ft.z' 25 ft.z Attached or Detached Where yard is Adjacent to All Ot.h. er Uses 0 ft. :, 0 ft. t subject to requirements of any permitting agency having jurisdiction over cons~ucfion abutting the lntracoastal Waterway. : plus one additional foot for each foot of height over 45 fL where within or abutting the MU-L Zone a Fifteen (15) feet abut6ng a street, 10 feet abutting an alley. $ S:~Planning~SHARED\WP~PECPROJ~ODE ~RV MU-H MU-LV~.ode strike~mnder2-25-04.doc 6. Mixed Uses. Buildings containing residential and non-residential uses are required within the MU-H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the 1VIU-L zoning district and subject to the same development standards as "all other uses." Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mix ed residential/nonresidential structures shall be evaluated for theft compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use- type, construction materials, floor plan and site layout, and other factors as determir~ed appropriate given the type of use. 7. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 8. Access. Within the MU-H and MU-L Zones, vehicular access to parking shall not a. MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. * The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. . Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utili:~,d. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. b Tree Spacing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. · Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by corner conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. S:~Planning~SHARED\WP~PECPRO~-X)DE VIEW'~DRV MU-H MU-LT_,ode s~n'k~amder2-2~-04.doc c. Tree Lrrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times. d. Sidewalks · All new construction in the MU-H District shah provide new sidewalks. · Sidewalks constructed along arterial roadwa~ shall be a minimum often (10) feet wide, measured from the rear of curb. · Sidewalks shall, where practical, be Holland-Stonepavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. e. Flower Containers · To add color and soften sidewalk a__pj_~_g ~ts, flower of new 910. Parking Requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code. Chapter 2, Section 11I shall apply only to the MU-H zoning district. a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened fi.om view from public streets, notwitlkst~d~ng other provisions of these regulations that require a specific residential automobile garage setback, and paragraplm Sd. and 8e. below, perusing understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed from the ~reet(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize bnildin~ and pede.~aSan features and d~-~mphasize parking facilities. In order to be~ achieve this objective, rear parking is preferable to ~ide yard parking. Acce,~ to parking shall be from ~ide ~treets not serving as the principal ~ucture's main frontage when po~ible in order to minimize vehicle/pedestrian conflicts along sidewallm re~ul~g from driveway crossings. b. Mixed-me developments may utilize the following parking ~xtuirements based upon shared parking with different houm of use. The tolal requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time period~: weekdays (daytime, evening), weekend~ (daytime, evening) and nighttime. For the pm'pose of calculating the requirement of the various nses for the various separate time period~, the percent of parking required shall be: 10 S:~Planning~HAREDkWI~PECPROJ~ODE REV1BW~DRV MU-H MU-L~ Sal'k~und~-25-04.d0c Weekday Weekend Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- S p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Percent) (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 5 Lodging 75 100 ~5 100 75 Restaurant 50 100 100 100 10 Entertainment 40 100 90 100 10 R~idontial 60 100 100 100 100 (Source: Urban Land Institute "Shared Parking", 1983) c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, freestanding sinffie-use parking garages shall not exceed 75 fee~t,~ not]~lve _dn'~'~~ynton Beach Bo. evard, OC n Avenue or l/ ler o dhe abu g said streets co, storefro. , floor. The intent is to border or ~go-i~a~or~e~$ an~tt~it~le floor area to a minimum depth of twenty_ (20). feet, so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, abutting on arterial roadways, are required to be developed for commercial uses to a minimum depth of twen ~ty (20} feet. Ail other visible sides of the parking structure shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated fagade designed to screen the parking area. e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parkivg facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 11.__~. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 12._.~. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. 11 S:~Phnning~HARED\WP~PECPRO~-~ODB REVIBW~CDRV MU-H MU-L~de stn~e&m~.der2-2~-04.doc 13__~. Signage. Chapter 21 shah govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. storaRe Desiun Reouirements. a. Location qfself-storage use. Self-storage uses shall only be allowed above the first floor in a mixed-use structure. b. Ground-floor retail uses required. Street frontages of thc ground floor area shall be devoted to one or more principal retail and office uses, .not related to the self-storage use, to a depth of at least twenty {20) feet. c. Access to self-storage facilities. Access to self-storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public right-of-way. d. Design of buildings. Buildings shall be designed to have the appearance of a us___q o._f er floors 15. Live/Work Unit Requirements. a_ Minimum Floor Area. Tho minimum floor area of a live/work unit shall be one thousand (1,000) square feet. b. Permitted floor Area. No more than 30°/..o. or four hundred (400) square feet, whichever is greater, of the live work unit shall be reserved for living space, including kitchen, bathroom, sleeping and storage areas. The rest of the gross. floor area of each unit shall be reserved and regularly used for working space. c. S..~aration Required. Each live/work unit shall be a separate unit from other ~ in the building. Access to each live/work unit shall be provided from common access areas, common halls or corridors., or dir ..~y from the exterior of the building. d. Parking. Each live/work unit shall be provided at least two and one half (2 ½) p. arking spaces. e. Permitted Work Activity. The Work activity in a building where live/work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety ofp. crsons who reside/n a live/work unit~ no work activity shall be perm/tted that by virtue of s/ze~ intensity~ number o.f employees or the nature of the operation~ has the potential to .create significant impacts by reason of dust, glare~ heat~ noise~ noxious gasses~ odor, smoke~ traffic, vibration or other impacts, or would be hazardous by way ofmaterials~ process~ product or wastes. 12 S:~Plarming~\WP~SPECPROACODB REVIBW~-'DRV MU-H MU-L~-.ode stn3ce&under2-25-04.doc f. OccupationalLicense Required. At least one eeeupa:~2 resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. g. No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. h. No Conversion of Units. No live/work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live/work units in a single structure to exclusively residential use shall be, where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be. permitted where the live portion of the units is the only residential use in a project. -1416. Definitions. 1 ~, only to the the Code in case of conflict. A¢cessor~ apartment: a habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling and shall in no case be more than 750 square fee~. Antique shops: any premises used for the sale or trading of articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop does not include "secondhand store". Child Care: an establishment that provides care, protection and supervision for children on a regular basis away from their primary residence for less than 24 hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for while parents or custodians are occupied on the premises or in the immediate vicinity. Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non- alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home fixmimre and decorative objects built to a buyer's specifications. Cyber caf& a coffee house that provides patrons with computer terminals for browsing the Intemet for a fee. 13 S:~PlanningkSHARED\WP~SPBCPROJ~2ODB RBVIBWACDRV MU-H MU-L~Code slrilmlamd~-25-04.doc Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fitness/Health Club: A commercial recreation and cn~t facility or private club wMch has as a PRINCIPAL USE a gymnasium, swimming pool or other sports facility and which may offer massages, whirlpool baths, steam rooms, saunas or medical facilities as ACCF_3SORY USES to the PRINCIPAL USE. Fortune-teller/Psychic: somebody Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half-way House: A residential facility used to house individuals being transitioned fxom penal or other institutional custody back into the larger society. Hotel: A building or portion thereof containing twenty ('20) or more guest rooms efficiency units or suites designed for the tempor~_ lod~ng of transient guests rented on a daily basis and occupied for less than thirty_ (30) days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area. Hotel~ Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 5% of its rooms are occupied for at least thirty (30) days and' no more than one hundred and eighty (] 80) da . Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. LivefWork Studio: A commercial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building primarily designed and used for commercial occupancy and providing, 1. adequate working spaced reserved for commercial use and regularly used for such purpose by one (1) or more persons residing i~ the studio; and, 2. living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and a full bathroom. Medical outpatient facility: an establishment where patients who are not lodged overnight are admired for examination and treatment by a group of physicians, dentists, or other health care professionals. 14 S:~Plarming~SHARED\WI~PF, CPROJ~2ODE REVIEW~CDRV MU-H MU-L~C~de ~riktAnnd~-~OLdo~ Mixed Use Development: a combination of two or more uses on a single parcel. In the Mixed Use-High zoning district this shall consist of a structure or series of structures containing ground floor retail commercial with office uses and/or housing above. In the Mixed Usc-Low Intensity zoning district, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption offthe premises. Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating Residential, Multi-Family:,~d~l~n~um~iga~ree ~l~o~l~qre owel~ units that cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low- cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing flee or very low-cost meals or distn'buting free or very low- cost pre-packaged foodstuffs to the public as part of a charitable activity, pwgram or organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. Theater: A building or outdoor structure expressly designed for the presentation of plays, operas, music concerts, motion pictures, etc. 15 S:~Planning~SHARED\WP~PECPROJ~ODE REV1EW~DRV MU-H lVlU~L~7~d¢ sUike,&tmder2-25-04.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM B. AGENDA ITEM REQUEST FC .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Pubhc Hearing. The Planning and Development Board with a 6 to 0 vote, recommended that the subject request be approved, and that condition #6 be rejected.. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-071. EXPLANATION: PROJECT: High Ridge Commerce Center II Dance Studio (COUS 04-002) AGENT: loni Brinkman, AICP, Winston Lee & Associates OWNER: Levitt Commercial High Ridge II, LLC LOCATION: Southwest comer of High Ridge Road and Miner Road DESCRIPTION: Request for Conditional Use approval to allow a Dance Studio in a M-1 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Developmentt~)~partnlient Directorx' City Manager's Signature Plannin~ and Zon~ ]J'irector City Attorney / Finance / Human Resources S:\Planning~SHARED\WPXI~ROJECTS~High Ridge Comm Clx Il CDRV 03-005 -(Southern Dance Threalxe\COUS 04-002kAgenda Item Request High Ridge Come Ctr Il Dance Studio COUS 04-002 4-7-04.dot S:~BULLETIN~ORMS'u~GENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-071 TO: Chairman and Members Planning and Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Maxime Ducoste-A.. J,-~L, Planner DATE: March 23, 2004 SUB3ECT: High Ridge Commerce Center II -COUS 04-002 Conditional Use Approval - Dance Studio PROPOSAL SUMMARY Contained herein is a description of the subject project. The proposed dance studio would be operated out of one bay of the High Ridge Commerce Center 1! building currently under construction at the southwest comer of High Ridge Road and Miner Road. The properb/comprises a 10.~acre, rectangular- shaped parcel. On December 17, 2002, the City Commission approved a site plan for two (2) buildings totaling 139,500 square-feet for office / warehouse. The applicant now is seeking conditional use approval to utilize a bay within the buildings for a dance studio. Applicant/Agent: .loni Brinkman,/LtCP / Winston Lee & Associates, !nc. Project name: High Ridge Commerce Center II- Dance Studio General description: Conditional use for dance studio. Land use/Zoning: !ndustrial/M-1 Location: Southwest corner of Miner Road and High Ridge Road (See Exhibit "A"- Location Map). Property size: Site Area: 452,798 square feet (10.4 acres) Building Area A: 75,099 square feet Building Area B: 34,250 square feet Lot Coverage: 109,350 square feet (2~,.1%) Future Mezzanine: 30,150 square feet Total Building Area: 139,500 square feet (including future mezzanine) (See Exhibit "B"- Proposed Site Plan): Surrounding land uses/zoning: North- Miner Road right-of-way; farther north is residential property in unincorporated Palm Beach County, zoned Single-family Residential (RS); High Ridge Commerce Center II (Dance Studio - COUS 04-002) Page 2 Memorandum No. PZ 04 -071 East- High Ridge Road right-of-way; farther east is developed industrial property, zoned Ught Industrial (M-l); South - (~uantum Park Lot 88, future townhouse development, zoned Planned Industrial Development (PID); and West- Undeveloped residenUal properties in unincorporated Palm Beach County, zoned Single-family ResidenUal (RS). ~I'ANDARDS FOR EVALUA'rZNG ¢ONDI'I/ONAL USES AND ANALYSZS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protecUon of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. On-site traffic circulaO'on will cons/st of two {2) points of ingress / egress on High Ridge Road, separated by approximately 590 feet. No point of access is proposed on Miner Roa~ 8otb entrances will be 25 feet in v~dth and allow for left / straight / right-turn egress. The loading areas are proposed in the front of eac~ bay. As proposed, ail veh/des (including emergency) w/II have adequate room to maneuver between the proposed bu/Id/'ngs and circulate throughout the site. Three, two-way drfve aisles 25 feet in width proWde servfce and customer access to proposed par/dng areas and the three (3) dumpsters located to the rear of the buildings. With the odg/na/ site plan approval, a traffic statement was submitted and sent to the Palm J~each County Traffic D/v/s/on for the High Ridge Commerce Center II for their reWew and approval. Sta~ received confirrnab'on from Palm 8each County's Traffic D/vision regarding standards compliance. However, subsequent to the Traffic D/Ws/on approval, this development is proposing a use, which performs differently from the indust#al uses for which this project was approved. Therefore, a new traffic study is required to evaluate the tn'p impact resul~'ng from the proposed change in use (See Exhibit "C"- Conditions of Approva/). 2. Off-street parking and loading areas where required, with particular attention to the items in subsection I above, and the economic, glare, noise, and odor effects the condiUonal use will have on adjacent and nearby properties, and the city as a whole. High Ridge Commerce Center II (Dance Studio - COUS 04-002) Page 3 Memorandum No. PZ 04 -071 A total of 27P park~'ng spaces are required based on one (1) space per 500 square feet of gross floor area. The number of parking spaces provided equals 279 including eight (8) spaces designated for hand/cap use. All spaces, except hand/cap spaces will be dimensioned n/ne (9) feet by eighteen feet. The park~'ng spaces proposed along the eastern landscape buffer were subject to an approval of a variance to allow parked vehicles to encroach two (2) feet into the required seven (7) foot buffer. As proposed, the backup d/stance of the paridng stalls and/or drive aisle/s 25 feet/n width. This deviation from the City Standard Drawing required and received approval of an administrative waiver from the Engineering D/v/sion. Parking spaces and drive a/s/es will surround all s/des of the buildings, except/n locations where loading zones are proposed. All hand/cap spaces will be located near the building entrances. D'ttie pedestrian traffic /s anticipated w/th the dance stud/o, as the majority of the patrons of this bus/ness will be dropped off before and picked up after their sessions. Due to the characteristics of the proposed use, staff requires e~Cdence that the park~'ng supply, as depicted on the approved site p/an, is adequate to support the requested dance studio use. As such, the applicant submitted a Shared Parking Study, to attest the fact that the center will supply adequate paridng for the proposed and approved uses (See Exhibit "C"- Shared Paridng Study). This Shared Parking Analysis indicates the fact that the dance studio hours of operation do not begin before 3:00 PI~I, which would reduce the need for parking during peak demand for the center. The analysis, prepared by Yvonne Z/el Traffic Consultants, Inc. following the L/L[ Shared Parking Guidelines, has determined that peak demand for the proposed 129,236 square foot of //ght-/ndustn'a/ and 5,710 square feet of dance studio/s between the hours of 10:00 AN and 11:00 AN and would require 258 parklng spaces, which/s 21 spaces less than the number provCded on site (279). Additionally, the stud/o's Saturday operation would not conflict w/th others/n the center, since typical light-industrial businesses have//m/ted or no Saturday hours. 3. Refuse and service areas, with particular reference to the items in subsection I and 2 above. The project proposed three (3) dumpster enclosures. The dumpster enclosures are located at the west property line of the site. Loading zones are proposed to be located in the front and rear of the proposed buildings fadng east and west. 8oth the dumpsters and loading zone share the same access aisle. The dumpsters are located in an area that is unobtrusive to pedestrian and vehicular b-aMc and are unnoticeable from High Ridge. The dance studio should have no detrimental effect on refuse collection. 4. Utilities, with reference to IocaUons, availability, and compaUbility. Cons/stent w/th Comprehensive Plan poi/c/es and city regulations, all utilities, including potable water and sanitary sewer are in p/ace cons/stent w/th the High Ridge Commerce Center 1[ site p/an. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed perffous or "green" area, excluding the preserve area, will be 98,206 square feet or 21.6~ of the total site. According to the landscape p/an, the site w#1 contain 96.7~ native trees and 519~ native shrubs / groundcover, b've Oak trees spaced one (1) tree for every 20 feet are proposed w/thin the front landscape buffer adjacent to High I~dge Road (the landscape code requires a m/n/mum sparing of 30 feet). The front landscape buffer will a/so contain a continuous row of Redtip Cocop/um hedges w/th dusters of Croton and Hawaiian 77e. Purple High Ridge Commerce Center II (Dance Studio - COUS 04-002) Page 4 Memorandum No. PZ 04 -071 Glory and Sabal palm trees w/th dusters of L/Hope are proposed on each side of the enb"anceways off High Ridge Road. No addiEonal landscape/s proposed in conjuncb'on with the Condib'ona/ Use app//cab'on. Being a newly approved site p/an, this project conforms with current landscaping regulaEons. 6. Signs, and proposed exterior lighUng, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The permitted wa//s/gnage area is based on one (1) square-foot of sign area for each one #near foot of building frontage. The attached "Proposed Tenant IdenEEcab'on Non-Illuminated F/at Cut Letters" show that each tenant sign will be 32 square feet/n area w/th dark green letters. Co//ecb've/y however, the maximum allowable area for all wall signs shall not exceed 830 square feet. The e/evab'ons indicate that wall signs will appear on the east and west building facades, above the entrance to each bay. The approved site includes one (1) monument sign to be located along High Ridge Road. The /ocaEon of the monument sign will be setback ten (10) feet from the east property//ne, and shrubs are to be instal/ed at the base. According to the sign detail, it w/Il be externally illuminated w/th ground//ghb'ng. A/so, the address and individual sign lettering will be green. The monument sign's proposed/ocab'on, //m/ted v/db/ilo,, and roadway design speed do not support excessive sign heights. Add/Eona//y, the project will have a non-illuminated entxance sign. No add/bona/site s/gnage /s permitted at this project, nor proposed by the applicant. 7. Required setbacks and other open spaces. The building meets or exceeds ali setback requirements required of the M] zoning d/stn'ct. The southernmost bu/'/d/ng (Building "A') /s proposed to be located 58.~t$ feet from the south (s/de), 66.35 feet from the preserve area to the rear, and 71.7g feet from the front property lines. Building "B" will be setback over 319 feet from the north (s/de) property line, 66.35 feet from the preserve area to the rear, and 71.7g feet from the front property//ne. 8. General compaUbility with adjacent property and other property in the zoning district. There will be m/n/mai on-site impact because the proposed dance studio use will be functioning at different hours of the day than the o,p/ca/ /ndustn'a/ uses ~4th/n this development. There will be little or no impact to the adjacent properb'es or to the genera/area. 9. Height of building and structures, with reference to compaUbility and harmony to adjacent and nearby properties, and the city as a whole. The proposed buildings will be one-story structures w/th the top of the Eat roof at 26 feet - slx (5) inches in height. The top of the roofline will be 31 feet - six (6) inches in height at each entzy feature. The exis~'ng building facade, as viewed from High Ridge Road, has been designed to be architecturally compaEble to this predominate/y industn'al use area. 10. Economic effects on adjacent and nearby properties, and the city as a whole. As stated in the Secb'on 2 above, the dance studio use wi//be the first such fad/lo, vWthin the M-1 zoning distn'ct. In terms of economic impact on the dO' as a who/e, the proposed dance studio use should have a m/n/ma/impact. The proposed use wi//cons~'tute add/t/bna/convenience and High Ridge Commerce Center II (Dance Studio - COUS 04-002) Page 5 Memorandum No. PZ 04 -071 choice for the res/dents who path'c/pate in this type of acb'v/ty within the City Of 8oynton Beach. It is anb'c/pated that this busines~ will conb'nue and prosper in a fac/l/bi, which offers greater amenity. However, any investment, which would help create employment opportun/b'e~, w/ii have beneficial effects for the city. :1:1. Conformance to the standards and requirements, which apply to site plans, as set forth in Chapter 19, Article [! of the City of Boynton Beach Code of Ordinances. (Part II! Chapter 4 Site Plan Review). H4th incorporab'on of staff commen~ the proposed project will comply with ali requirements of applicable sec~'on$ of city code. :12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulaUons; also, conformance to the City of Boynton Beach Noise Control Ordinance. Yvfth incorporaO'on of all cond/O'ons and staff recommendaO'ons contained here/n, the proposed dance studio use would operate in a manner that is in compliance w/th the above-referenced codes and ordinances of the City of 8oynton Beach. In parb'cu/ar, the applicant wi//have to apply for and obtain ail necessary approvals and licenses from ail applicable governing bodies. CONCLUSION With respect to the compatibility between this proposed non-industrial use and the surrounding industrial uses in this environment, dangers to children and other patrons of the proposed use should be minimal, due to the site design which should generally separate commercial traffic from available parking resources, an improved and quality roadway network in the immediate vicinity and the presence of fewer harmful industrial uses than found in typical industrial areas. Although all of the potenUal users for this site are undetermined at this time, by virtue of the units being owned rather than leased, and under the control of a condominium association, a greater policing of the end users and their manner of operation as it affects the enUre complex should be a shared concern of each individual owner, to the benefit of all. And, since the introduction of the townhouse projects in the immediate vidnity, the proposed use appears more compaUble with a lesser likelihood of adverse industrial impacts. RECOMMENDA'I~QN Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to saUsfying all condiUons of approval as contained in Exhibit "D". MR/mda S:~='Iannlng\SHARED\WI~PRO.1ECTS~High Ridge Comm Ctr I'l CDRV 03-005 -(Southem Dance Threatre\COUS 04-002\COUS Staff Report.doc Location Map EXHIBIT"A" HIGH RIDGE COMMERCE CENTER #2 M1 ARK lO00 0 1000 Feet w~ E $ EXHIBI' "!3" . ,. EXHIBIT "C" YVONNE ZIEL TRAFFIC CONSULTANTS, INC. 11440 86th St. North, West Palm Beach, Flodda 33412 Telephone (561) 624-7262 · Facsimile (561) 624-9578 February 17, 2004 Mr. Michael W. Rumpf City of Boynton.Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Southern Dance Studio Dear Mr. Rumpf: Yvonne Ziel Traffic Consultants, Inc. was retained to prepare a shared parking analysis for the proposed dance studio to be located at the High Ridge Commerce Center II site. The dance studio will consist of 5,710 square feet (SF) and the remaining use will be the light industrial use at 129,236 SF. The shared parking analysis used the preceding land use intensities and applied the City of Boynton Beach parking code rates. For the light industrial use, the hourly variations for an office were applied. For the dance studio the hourly variations for a time. ss facility were applied; these rates are based on a study prepared at an LA Fimess facility in Montclair, California (enclosed). The shared parking analysis was based on the Urban Land Institute's (ULF) Shared Parking. The dance studio operation does not start until 3:00 PM, Therefore, the hours up to that point assumed no demand for the dance studio. Light industrial projects are generally not open on Saturdays or have a minor operation on Saturdays which would not affect the parking. The ULI shared parking methodology indicates that the peak demand is for 258 spaces at 10:00 and 11.:00 AM. The shared parking analysis worksheets are enclosed, Please call me if you have any questions. Sincerely, YV, NNE ZII~,L. TANTS, INC. VOlUie ie', .~. ~ President Enclosure C:~'nyfiles~sbutherndanee. sp.wpd Traffic Engineering and Planning · S,ARED PARKING ANA,YS,S E X H IBIT "C" (USING UU SHARED PARKING) INPUT PROJECT: SOUTHERN DANCE STUDIO USE: INDUSTRIAL DANCE TOTAL SIZE (SF): 129,236 5,7'10 CODE PARKING RATIO (PER '1,000 SFIUNIT) 2.00 5.00 CODE PARKING: 258.5 28.6 287 CAPTIVE: (FROM ADJACENT OFFICES) 0 0 MONTH: 12 12 PEAK PARKING DEMAND (SPACES)**: 258 29 288 PARKING DEMAND*** WEEKDAY INDUSTRIAL DANCE TOTAL 6:00 AM 8 0 8 7:00 AM 52 0 52 8:00 AM 163 0 163 9:00 AM 240 0 240 10:00 AM 258 0 258 11:00 AM 258 0 258 12:00 NOON 233 0 233 1 '.00 PM 233 0 233 2:00 PM 251 0 251 3:00 PM 240 11 252 4:00 PM 199 18 217 5:00 PM 121 26 147 6:00 PM 59 29 88 7:00 PM 18 27 45 8:00 PM 18 26 44 9:00 PM 8 0 8 10:00 PM 8 0 8 11:00 PM 0 0 0 12:00 MIDNIGHT 0 0 0 SATURDAY INDUSTRIAL DANCE TOTAL 6:00 AM 0 0 0 7:00 AM 0 0 0 8:00 AM 0 0 0 9:00 AM 0 0 0 10:00 AM 0 29 29 11:00 AM 0 23 23 12:00 NOON 0 20 20 1:00 PM 0 18 18 2:00 PM 0 19 19 3:00 PM 0 15 15 4:00 PM 0 23 23 5:00 PM 0 22 22 6:00 PM 0 14 14 7:00 PM 0 0 0 8:00 PM 0 0 0 9:00 PM 0 0 0 10:00 PM 0 0 0 11:00 PM 0 0 0 12:00 MIDNIGHT 0 0 0 * Converting Code rates to per 1,000 SF rafio's ** Using ULI adjustment factors for month and captive market *** Using ULI adjustment facors for houdy accumulation ^ccu.uL TIO., T s usr : OFFICE/LIGHT IND FITNESS/DANCE EXHIBIT "C" WEEK WEEK SAT DAY DAY 6:00 AM 3 7:00 AM 20 8:00 AM 63 43 9:00 AM 93 45 10:00 AM 100 43 100 11:00 AM 100 32 79 12:00 NOON 90 34 70 1:00 PM 90 46 64 2:00 PM 97 39 66 3:00 PM 93 39 64 4:00 PM 77 62 79 5:00 PM 47 90 77 6:00 PM 23 100 · 48 7:00 PM 7 94 8:00 PM 7 90 9:00 PM 3 10:00 PM 3 11:00 PM - !12:00 MIDNIGHT - EXHIBIT "D" Conditions of Approval Project name: High Ridge Commerce Ctr. #2 Dance Studio File number: COUS 04-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Provide a revised traffic analysis, with particular emphasis placed upon X consideration for the installation of a northbound left turn lane into the site. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. BUILDING DIVISION Comments: 3. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 4. Indicate within the site data the occupancy type of the tenant space as X defined in 2001 FBC, Chapter 3. 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. As required by LDR, Chapter 4, Section 7, submit a floor plan drawing. The X building plans are not being reviewed for compliance with the applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan. 7. If capital facility fees (water and sewer) are 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) 8. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal 9. A floor plan of the dance studio shall be submitted for review. The floor X plan shall show all required exits, emergency light locations, exit signs, offices, and other areas of the space. Show all required fire rated partitions. 10. Indicate the occupant load and the occupancy type of this space on the plans X per 2001 FBC, Chapter 3 and Table 1003. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 11. Since the project will be developed into phases, indicate the phase under X which this use would be completed. 12. Indicate the bay where this use is proposed to be located. X I DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. Condition #6 was rejected. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning\SHARED\WPLPROJECTS~-Iigh Ridge Comm Ctr II CDRV 03-005 -(Southern Dance Threatre\COUS 04-002\COA.doc S:~Dlanning\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: High Ridge Commerce Center II - Dance Studio APPLICANT'S AGENT: Joni Brinkman, AICP / Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road Suite 106, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Conditional Use Approval - Dance Studio. LOCATION OF PROPERTY: High Ridge Commerce Center II - Southwest corner of Miner Road and High Ridge 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\WP~PROJECTS\High Ridge Corem Ctr II CDRV 03-005 -(Southern Dance Threatre\COUS 04-002\DO.doc VI'TL-PUBLTC HEARZNG ZTEPl C. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a 6 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-066. EXPLANATION: PROJECT: Chick-Fil-A (COUS 03-010) AGENT: Rachel Hall, Interplan LLC OWNER: Oriole Homes Corporation LOCATION: BJ's Outparcel: South of Boynton Beach Boulevard, West of Winchester Park Boulevard DESCRIPTION: Request for conditional use approval for a 3,972 square foot drive-thru restaurant on a 0.87-acre parcel in a Planned Coi~ii~iercial zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES:~'/~ I~ ~0/l ~'; / ~ Pl~inning a/id Zoning ~n~tor City Attorney / Finance / Human Resources S:XPIanningXSHARED\WP~ROJECTS\Chick-FiI-A~§enda Item Request Chick-Fil-A COUS 03-010 4-7-04.dot S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-066 TO: Chairman and Members Planning and Development Board -THRU: Michael Rumpf ~ ~/~',- '~'-- Director of Planning and Zoning FROM: Maxime Ducoste-A. Planner DATE: March 23, 2004 SUBJECT: Chick-FiI-A-COUS 03-010 Conditional Use and Site Plan Approval - Restaurant with drive-through. PROPOSAL SUMMARY Contained herein is a description of the subject project. The proposed project would be situated on a 0.87 acre vacant tract, zoned PCD, Planned Commercial District. This out-parcel is located on the south side of Boynton Beach Boulevard, approximately 180 feet west of Winchester Park Boulevard, on the B.l's Wholesale Club site (See Exhibit "A" - Location Map). The applicant is proposing to construct a 3,972 square foot restaurant with 100 seats and a drive-through facility. It is the drive-through feature that requires conditional use approval in addition to site plan approval. Applicant/Agent: Chick-FiI-A/Rachel Hall of Interplan Project name: Chick-Iii-A, Restaurant General description: Conditional use and site plan approval for a restaurant with drive-through. Property size: 37,730 square feet (0.87 acres). Land use: Local Retail Commercial (LRC) Current Zoning: Planned Commercial District (PCD) Location: South side of Boynton Beach Boulevard, approximately 180 feet west of Winchester Park Boulevard. Building area: (See Exhibit "B"- Proposed Site Plan): Chick-FiI-A with drive-through - 3,972 square feet Chick- FiI-A - COU$ 03-010 Page 2 Memorandum No. PZ 04-066 Surrounding land uses/zoning: North - Right-of-way of Beynton Beach Boulevard, farther north a vacant parcel designated Local Retail Commercial (LRC) land use and zoned Community Commercial East -The Southtrust Bank with a Local Retail Commercial (LRC) land use and zoned Planned Commercial District (PCD); South -The BJ's Wholesale Club with Local Retail Commercial (LRC) land use and zoned Planned Commercial District (PCD); and West -Drive aisle and parking area for B.]'s Wholesale Club PCD, farther west Applebee's restaurant with Local Retail Commercial (LRC) land use and zoned Planned Commercial District (PCD). STANDARDS FOR EVALUAT'~NG CONDTII:ONAL USES AND ANALYSTS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Beard and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or subject to the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. [n evaluating an application for conditional use approval, the Beard and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Comparable to other out-parcels located in this Planned Commercial Development Dist~ct, this project would ublize exisDhg access drives of the EJ's Wholesale Club. Current/y, the shopping center has two (2) main points of ingress / egress which are located on West 8o)mton 8each Boulevard and on Winchester Park Boulevard. The two access points would not be altered as a result of' the proposed site/rnprovements. The subject out-parcel would have two (2) ddveway openings onto an ex/sb'ng 8J's Wholesale Club internal drive aisle. One opening would allow for ingress, while the other would allow for egress. This driveway wi//provide conb'nuous b'aMc circulation to the parkJng areas around the Ch/ck-h7/-A restaurant building. 8J's Wholesale Club has a cross-access agreement that connects all out-parcels to allow for c/rcu/ab'on throughout the center. Chick- FiI-A - COUS 03-010 Page 3 Memorandum No. PZ 04-066 2. Off-street parking and loading areas where required, with particular attention to the items in subsection I above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parldng for restaurants is based upon the ratio of either one (1) parking space per 2.5 seats or one (1) parking space per 100 square feet of gross floor area, whichever is more st~'ngent. The site plan (sheet ¢-2.0) shows that ~he pro. oozed r~urant would be 3,-97) squ_~re feet in area. The floor p/an (sheet PA-l) shows that 100 seats are proposed. Therefore, the proposed restaurant would require a total of 40 parldng spaces. Parldng areas would be located on the east, the north and southwest s/des of the bu#d/ng. Vehicular circulation would be maintained throughout the enb're lot. The proposed loading zone would be located on the southwest s/de of the building. It shares space w/th the al#ye-through lane. The app#cant proposes to schedule deliveries to avoid confl/~ w/th drive-through customers. Staff supports this shared use of space. The drive-through, which b proposed as an anc#1ary use to the Ch/ck-Fil-A restaurant, would have negligible effect on nearby properO'es. Being located along the west side of the property, it ~¢11 not be highly visible from West Boynton Beach Boulevard. Adjacent to the required landscape buffer, spedflcally along the northeastern and northwestern corners of the property, staff recommends adding denser landscaping to enhance the project and screen the drive-through. In terms of economic impact on the c/bi as a who/e, the proposed Ch/¢k-F#-A restaurant should have minimal /mpa~ However, any inve~znent, which would help create employment opportun/~7'es, w#1 have beneficial effects for the city. The Chick-F#-A restaurant wi//provide an additional choice for res/dents and visitors in sea~h of cu#nary diversity. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. There is one (1) durnpster proposed on the site plan. The dumpster is located between the proposed parking area and the Southtrust bank on the east s/de of the Ch/ck-F/I-A restaurant. The dumpster will be screened and landscaped per code requirements. ,~. UUlities, with reference to locations, availability, and compaUbility Lit#/ties are ava#able and to be provided cons/stent w/th Comprehensive P/an policies and regulations. $. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed perimeter landscaping includes a JO-foot w/de buffer along the northern (front) property line; a $.$-foot w/de buffer along the western (s/de) property I/ne; and a ,t-foot w/de landscape buffer is w/thin a S-foot wide access and parking easement proposed along the eastern (s/de) property//ne. Buffer plantings include trees placed $0 feet on center and a cont~huous hedge of Red ~xora and Cocoplurn. The number of trees for perirneter landscaping exceeds code requirements. However, staff is recommending that the landscaping, which has been installed in conjunction w/th the BJ's Wholesale Club site plan be maintained and enhanced as described to further buffer the proposed drive-through window. Chick- FiI-A - COUS 03-010 Page 4 Memorandum No. PZ Extensive foundation landscaping is provided around all sides of the building. The drive-through window located on the eastern and western building eleva~7'on is buffered by a con~'nuous hedge, a small grouping ofpalm and shade trees and a row ofparking. Signs, and proposed exterior lighUng, with reference to glare, traffic safety, economic effect, and compaUbility and harmony with adjacent and nearby properties. At the ~'me of permitting, security lighting levels will be evaluated for excessive glare. It is recommended that the light levels not exceed building code maximums. One wall sign and one freestanding monument sign have been submitted for review. Chick-Fil-A restaurant will feature one (J) wall sign above the main entrance (north eleva~'on) facing West Boynton Beach Boulevard. The material for the construct/on of the freestanding monument sign will be aluminum frame w/th an opaque Plexi-g/ass painted in red and white incorporating the Chick-ITI-A logo. The proposed monument sign will be 6 feet high and 6.6 feet wide, and enhanced with colorful groundcover planD'ng. The proposed wall sign and the freestanding sign meet the allowable requirements including sign face area and height dimensions as set forth in the Land Development RegulaD'ons, Chapter 21. Required setbacks and other open spaces. The required setbacks for a PCD zoning district are ,~0 feet for the front and rear yards and 30 feet for the side yards. The proposed project exceeds these requ/rements. The peripheral greenbelt dimensions as well as the vehicular use area landscaping meet m/n/mum code requirements. The total lot coverage is approximately e/even (11) percent, well be/ow the ~t0 percent maximum set by the code. 8. General compatibility with adjacent property and other property in the zoning district. The out-parcels on the BJ's Wholesale Club and the general area consist of terra cotta and earth tones for the roofs, pale earth tones and pastels for the primary building colors and various b#ghter accent colors on building signs. In an effort to be consistent w/th Chapter 9 Community Design Plan, individual bu/Id/hgs w/th corporate or trademarked colors have been developed on the BJ's Wholesale Club site as part of the accent colors on buildings, but as long as the corporate colors do not represent extreme co/or contrast, and are #m/ted to the entrance areas and signage. The exte#or building colors of the proposed Ch/ck-F71-A restaurant,/ndud/ng body and trim colors are a composition palette from Sherwin Williams: Sand Dollar (SW 6099), Dark Grounded ($W 6089), Latte ($W 6108); the roof coping, the aluminum fabricated awnings, and light fixtures ~¢1/ be painted Bold Brick (SW 6327). In general, the proposed project is compab'ble with surrounding developments such as the Applebee's restaurant and the Southtrust Bank. 9. Height of building and structures, with reference to compaUbility and harmony to adjacent and nearby properties, and the city as a whole. The proposed building would be a one-story structure w/th the top of the main parapet (fiat roof) designed to be 20 feet- ~l inch/n height. A proposed tower feature at the entry, which funcb'ons as a focal point will stand 27 feet in height to the top of the sloped roof. This enb~, feature, Chick- FiI-A - COUS 03-010 Page 5 Memorandum No. PZ 04-066 s/mi/ar to the BJ's Wholesale Club, Southtrust Bank and App/ebee's, will have a barrel tile roof. The max/mum height allowed per code for commercial zoning districts is 45 feet. The proposed height/s compab'ble w/th nearby properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. As stated/n the Sect/on 2 above, a JO-foot landscape buffer alonq Bo. vnton Beach Boulevard.. at the northern property line, will lessen negative effects such as glare and noise. The proposed restaurant and dr/ye-through would consO'tute additional convenience and choice for the City res/dents. The proposed restaurant would front on a major artet¢al (Boynton Beach Boulevard) and /s near Congress Avenue. With /ts dose proximity to commercial and res/denb'a/ developments, the proposed site is an ideal Ioca~'on for this type of use. This store would represent the first freestanding Chick-Fil-A restaurant currently in the City Of Beynton Beach. 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article TI of the City of Boynton Beach Code of Ordinances. (Part ILt Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project w/Il comply with all requirements of applicable sec~'ons of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulaUons; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporab'on of ali conditions contained here/n, the use would operate/n a manner that/s in compliance w/th the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDAI'~ON This request is being reviewed as a conditional use due to the presence of a drive-through window, proposed as an andllary use to a Chick-FiI-A restaurant. As per staff analysis, the potential negative impacts of the proposed facility within the B.l's Wholesale Club site are well mitigated, and compatible with adjacent uses. Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved conditioned upon satisfying all conditions of approval as contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a one (1) year be required to initiate the development of this project. MR/mda Attachments S:\Planning~SHARED\WP\PRO3ECTS\Chick-RI-A~Staff Report. doc I in. = 200.0 feet . C3 C3 ,I BOYNTON. BEACH BLVD BOYNTON. EACH. BLVD EEK CIR N PU 03 PCD N lC C3 PU LOCATION MAP CHICK-FIL-A EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B':. EXHIBIT "B" _ EXHIBIT "C" Conditions of Approval Project name: Chick Fil-A File number: COUS 03-010 Reference: 2na review plans identified as a Conditional Use with a February 17, 2004 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. 2. Relocate dumpster enclosure so that gates open to the north (access through X the bank parking lot). Revise orientation on all plans accordingly. If this is not acceptable to both parties seeking a shared dumpster the bank may leave theirs in its present location and the applicant will have to provide a separate dumpster within its property. 3. Provide a minimum turning radius of 60 feet to approach the dumpster. X Provide a minimum backing clearance of 60 feet. (measured from the front edge of the dumpster pad.} (LDR, Chapter 2, Section 11.J.2.b.} 4. There may be a vertical conflict between the proposed dumpster location X and proposed landscaping (trees). Please adjust landscaping accordingly. PUBLIC WORKS- Traffic Comments: NONE X UTILITIES Comments: 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance insurance underwriters, whichever is ~eater (CODE, Section 26-16(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Depmtment 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. 7. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15 8. Utility conslruction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 11. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. 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 ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). 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. 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 14. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 15. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. If capital facility fees (water and sewer) are paid in advance 'to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: DEPARTMENTS INCLUDE REJECT [3 The full name of the project as it appears on the Development Order and the Commission-approved site plan. c~ 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) 17. Sheet C5, Detail 20 - Clearly show the dimensions of the concrete base X (width, depth, depth of concrete base below ground, depth of pole below ground, etc.) per BBA to the 2001 FBC, Section 104.2.1. 18. Sheet C7 - The design of the grease interceptor shall comply with 2001 X FBC Section 1003 and 1004. 19. Submit an irrigation plan that reflects the method of irrigation per CBBCO, X Chapter 4, Section 7(c). Note on Sheet L1 states "irrigation plan to be provided upon final site plan approval." 20. Sheet PA-1 - Clearly show the dimensions of the restrooms, the dimensions X of the toilet stalls, the wheelchair turning space in the restroom, the required fixture clearances, door width, etc., in compliance with 2001 FBC, Chapter 11. 21. The serving counter shall comply with 2001 FBC, Section 11-5. Clearly X show compliance on the plans. BBA to the 2001 FBC, Section 104.2.1. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: Existing Trees Manaeement Plan X Sheet L1 22. The Landscape Architect should review the tabular mitigation for the 364- caliper inches of existing trees proposed to remain in place, be relocated on site, or removed / replaced on site. All existing trees must be relocated rather than removed if the trees are in good health. These trees should total the 364-caliper inches of existing trees and should be shown as a separate symbol on the plan. 23. These trees should also be located along the North and West property areas X in conjunction with the approved BJ's perimeter Master Landscape plan. The trees should visually screen the Chick Fil A site parking lot from the Boynton Beach Boulevard and entrance road ri[,,hts-of-ways. Landscape Plan Sheet L-1 X 24. All shade and palm trees on the Plant list must be listed in the specifications as a minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). This includes the multi-trunk species. The height of the trees may be larger than 12'-14' to meet the 3" caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 25. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the l~roposed parkin~ lot facility from the Boynton Beach Boulevard and BJ's Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT site entrance roads rights-of-way. PLANNING AND ZONING Comments: 26. The survey must identify the Future Land Use designation for the adjacent [ XI properties (Chapter 4, Section A.3.). 27. The base of any proposed monument sign shall be enhanced with colorful X groundcover plants and a minimum of two (2) colorful shrub species (Chapter 7.5, Article II, Section 5.0.). 28. Additional landscaping in a denser planting schedule should be installed X along the west planting area to screen the drive-thru window and operation. This will strengthen the applicants' justifications for conditional use approval. 29. Staff recommends that the red trim at the top of the building and the I X I covered area match the red of the proposed awning. 30. A perpetual recorded five (5)access and parking easement on the east side I X I of the property shall be required prior issuance of building permits. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP'O?ROJECTS\Chick-FiI-A\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Chick FiI-A APPLICANT'S AGENT: Rachel Hall - InterPlan LLC APPLICANT'S ADDRESS: 933 Lee Road 1st Floor Orlando, FL 32810 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Conditional Use and Site Plan Approval - Restaurant with drive- through. LOCATION OF PROPERTY: BJ's Outparcel - South of Boynton Beach Blvd./West of Winchester Park Blvd. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of'Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\WP~PROJECTS\Chick-FiI-A\DO.doc VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACI Ic. AGENDA ITEM REQUEST FO /IR 29 10 Requested City Commission Date Final Form Must be Requested City Date Final Form Must be Meeting Dates Turned in to City Clerk's Office Commission Meeting Dates Turned in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) []! May 4, 2004 Apd119, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDAITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing Code compliance/Legal [] Settlements [] Unfinished Business RECOMMENDATION: Staff recommends that the Commission approve Resolution R04- for a Special Warranty Deed conveying title to Habitat for Humanity of South Palm Beach County, Inc. for: 1. Lot 2, Block 12, HAPPY HOME HEIGHTS. This being the real property described under tax certificate number 10873 in tax deed recorded in Official Record Book 15665, Page 1859, of the Public Records of Palm Beach County, Florida. With Habitat for Humanity returning ownership to the City of Boynton Beach the property listed below: 2. Lot 172, Block A. BOYNTON HILLS, as recorded in Plat Book 4, Page 51, of the Public Records of palm Beach County, Florida. EXPLANATION: The property in Happy Home Heights is adjacent to property currently owned by Habitat. With the addition of this lot, they will be able to construct two (2) new homes. The property in Boynton Hills will be given back to the City. This is a surplus parcel which will become part of the City's property inventory. PROGRAM IMPACT: Two new single-family dwellings will be added to a neighborhood located within the City's target area.. FISCAL IMPACT: None, as this is an even trade (see Exhibit "A"). ALTERNATIV~,~ ~_~ ~ City Manager's Signature Depi~nt 'l~l~'a(:~ SignatUre ~ Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources S:\SHRDATA\Community improvement~Agenda Requests~2004\CC4-7-04Habitat.dot EXHIBIT "A" - Owner Information t11~1~ - PCN: 08434521200020120 Name: BOYNTON BEACH CITY OF Location: 302 NE 13TH AVE ~! BOYNTON BEACH FL 33425 00~ Ad Valorem: $0. Non ad valorem: $0. $o.ool. ': ...... ' ': ......... ~' t; ..... ' : Exempt Amnt: $8, e0e0~ - Sales Information Jul-t 987 $3,00 Jul-1985 $1 oq .~. RRENTLY OWNED BY THE CZTY Lot 2, Block 12, H~PP¥ HOHE HEIGHTS. This bein~ the real property described under tax certificate number 10873 in tax deed recorded in Offida~ Record BoOk 15665, Pa~e 1859, of the Public Records of Palm Beach CountY, Florida. · ~ ~m: . i ; \- ~Owner Information ......... . ......... ~ ~. , . 3336 1.. ~ ~ .... .~~~ Asses~d Value: $8,000 .L~ ~ ~' ~ ~~~- Sales Inform. Ion . Sales Da~ Pdc~ CURRENTLY OWNED BY HAB11'AT Lot 172, Block A, BOYNTON HZLLS, as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. 1 2 3 RESOLUTION R 04- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, AUTHORIZING AND 7 DIRECTING THE CITY MANAGER TO EXECUTE: 8 1) A SPECIAL WARRANTY DEED CONVEYING 9 PROPERTY AS PART OF THE CITY'S INFIIJ. 10 CONSTRUCTION PROGRAM TO HABITAT FOR 11 HUMAN1TY OF SOUTH PALM BEACH COUNTY, 12 INC., AND 2) A WARRANTY DEED FROM 13 HABITAT FOR HUMANITY OF SOUTH PAl_aM 14 BEACH COUNTY, INC., TO THE CITY OF 15 BOYNTON BEACH, AND PROVIDING AN 16 EFFECTIVE DATE. 18 WHEREAS, staff recommends that the City Commission approve a 19 conveyance to the Habitat for Humanity of South Palm Beach County, Inc., (Habitat) 20 for a parcel of land adjacent to property currently owned by Habitat, to enable them to 21 construct two new homes; and 22 WHEREAS, Habitat will simultaneously re-convey to the City of Boynton 23 Beach a parcel of land in Boynton Hills, which parcel will be utilized in conjunction 24 with its "Heart of Boynton" development plan; and 25 WHEREAS, this exchange of properties will allow two new single-family 26 dwellings to be added to a neighborhood located within the City's target area; and 27 WItEREAS, the City Commission of the City of Boynton Beach, based upon 28 staff recommendation, finds it to be in the best interests of the community and its 29 residents to convey certain property to HABITAT FOR HUMANITY OF SOUTH 30 PALM BEACH COUNTY, INC., for the purpose of constructing two single family 31 S:\CA\RESO~J:{eal Estate~Habitat Resolution.doc 1 2 homes, and to accept a Warranty Deed back to the City for lands from Habitat for 3 Humanity of South Palm Beach County, Inc., to be utilized by the City of Boynton 4 Beach for relocation purposes to assist in the facilitation of the "Heart of Boynton" 5 development plan. 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The City Commission of the City of Boynton Beach, Horida 9 does hereby authorize and direct the City Manager to execute a Special Warranty 10 Deed conveying certain property to Habitat for Humanity of South Palm Beach 11 County. A copy of the Special Warranty Deed is attached hereto and made a part 12 hereof. 13 Section 2. That the City of Boynton Beach does hereby accept a Warranty 14 Deed from Habitat for Humanity of South Palm Beach County, Inc., for property 15 located in BOYNTON HILLS subdivision, which will be used in conjunction with its 16 "Heart of Boynton" development plan, a copy of which Warranty Deed is attached 17 hereto and made a part hereof. 18 Section3. This Resolution will become effective immediately upon 19 passage. 20 S:\CA\RESO~leal Estate\Habitat Resolution.doc 1 PASSED AND ADOPTED this __ day of April, 2004. 2 3 C1TY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 12 Commissioner 13 14 15 Commissioner 16 18 Commissioner 19 ATYEST: 20 21 City Clerk 22 23 (Corporate Seal) 24 25 26 27 28 $:\CA\RESO\Real Estate~-labitat Resolution.doc THIS INSTRUMENT WAS PREPARED BY: JAMES A. CHEROF, ESQUIRE P.O. Box 310 Boynton Beach, FL 33425 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of April, 2004, between THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC., a, whose address is 220 N. W. 2na Avenue, Suite 209, Boca Raton, FL 33431, Palm Beach County, Florida (hereinafter referred to as "Grantee"). WITNESETH: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOILARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: Lot 2, Block 12, HAPPY HOME HEIGHTS as recorded in ORB 15665, page 1859, Public Records of Palm Beach County, Florida. Grantor does hereby warrant title to the land, and will defend the same against the lawful claims of all persons claiming by, through, or under the Grantor, but against none other. GRANTEE covenants that the real property conveyed by this instrument must be used to benefit low and moderate income persons and/or families, as those terms are defined by the U.S. Department of Housing and Urban Development and Palm Beach County, for a period of twenty (20) years from the date hereof. In the event of a breach of this covenant, title shall revert to S:\CA\Departments\Community Redev\Habitat for Humanity Deed 032504.doc110602 Page 1 GRANTOR. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly authorized officer the day and year first above written. Signed, sealed and delivered in our presence: Wimesses: CITY OF BOYNTON BEACH by: Signature Kurt B ressner, City Manager (Type or print name) Approved as to Form: Signature City Attorney (Type or print name) STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this __ day of April, 2004, by Kurt Bressner, as City Manager of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, on behalf of the corporation, who is personally known to me, and who did not take an oath. My Commission Expires: NOTARY PUBLIC (Type or print name) S: \CA\Departments\Co~anunity Redev\Habitat for Humanity Deed 032504.doc110602 Page 2 PREPARED BY AND RETURN TO: James A. Cherof, Esq. City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 WARRANTY DF.F.D This Indenture made this __ day of April, 2004, between HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC., whose post office address is 220 N.W. 2"a Avenue, Suite 209, Boca Raton, FL 33431, Palm Beach County, Florida hereinafter referred to as GRANTOR, and The CITY OF BOYNTON BEACH, a municipal Corporation, whose post office address is 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435, hereinafter referred to as GRANTEE, WlTNESSETH: That said Grantor, for and in consideration of the sum of TEN AND 00/100 ($10.00) Dollars, and other good and valuable consideration to said Grantor in hand paid by said Grantee the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and the Grantee's successors and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: Lot 172, Block A, BOYNTON HIILS, as recorded in Plat Book 4, Page 51, of the Public R~ords of Palm Beach County, Florida. SUBJECT TO: Taxes for current year and subsequent years, zoning and/or restrictions and prohibitions imposed by governmental authorities, and easements and restrictions and other matters appearing on the plat and/or common to the subdivision. Together with: All the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. S:\CA\FORMS\WARRANTY DEED - to COBB from Habitat for Huroallity.doc To have and to Hold, the same in fee simple forever. And the Grantor(s) hereby covenant with said Grantee(s) that they are lawfully seized of said land in fee simple; that they have good right and lawful authority to sell and convey said land; that they hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year fn-st above written. Signed, sealed and delivered in our presence: Wimess Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of ., 19 , by ., Grantor. He/she/they are is personally known to me __ or have has .produced as identification. Notary Public My Commission Expires: S:\CA\FORMS\WARRANTY DEED - to COBB from Habitat for Humanity.doc IX. - CI'TY MANAGER'S REPORT CITY OF BOYNTON BEA( ITEM A AGENDA ITEM REQUEST FOK~v~ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: City Commission approval of a contract and addendum for purchase and sale of a 9.3 +/- acre site at the corner of Gateway Boulevard and High Ridge Roads, subject to successful completion of all due diligence on the acquisition. Approval would be by Resolution. EXPLANATION: This site is for sale on the open market, and the City was able to successfully enter into a contract for purchase and sale of the parcel. A copy of the contract is attached to this Agenda Item Request Form. The total purchase price has been set at $4,200,000. Our due diligence period is 75 days from March 18th. We have ordered two sets of appraisals, a survey and an environmental report. The due diligence work should be successfully completed well within the 75 day period. PROGRAM IMPACT: Purchase of property will allow City to proceed with construction of NE Fire Station and landbank property for future Police and Communications Faciltiy when construction revenues become available. S:'~BULLETIN~FORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Total Fire Share Balance Acres 9.3 3.0 6.3 Sq. Ft 405,108 130,680 274,428 Cost/Sq. Ft $ 10.37 $ 10.37 $ 10.37 Estimated Cost $ 4,200,970 $ 1,355,152 $ 2,845,818 Closing Costs $ 120,000 $ 40,000 $ 80,000 Estimated Cost $ 4,320,970 $ 1,395,152 $ 2,925,818 As noted above the estimated cost to the CIP Budget Fund is expected, to be $2,925,818. inclusive of closing costs. The Fire Assessment fund would be responsible for $1,395,152 based on an apportionment of 3.0 Acres of the total 9.3 Acres. Please see the agenda item for the Public Service Bond Issue options. Staff is proposing three financial alternatives for the bond issue that would take into account the purchase of this property, if authorized: 1. An $8.6 M Public Service Bond Issue with a bank loan for the purchase of the property over a 7 year period. The projected interest rate on the PS Bond is 3.155% and the bank loan is 3.592%. This option has the benefit of clearing the debt sooner. Slightly less Public Service revenue is available for new CIP projects in future years. 2. A $11.5 M Public Service Bond Issue that rolls the debt of the land purchase above into the debt service schedule (15 years) but preserves more Public Service revenue for other capital projects. The other advantage is a more favorable interest rate. 3. A $11.5 M Public Service Bond Issue that rolls the debt of the land purchase above into a split debt service schedule (15 years for the CIP project and 7 years for the land purchase) but preserves slightly less Public Service revenue for other capital projects. The other advantage is a more favorable interest rate than the bifurcated debt approach (#1 above). ALTERNATIVES: Do not authorize the purchase of this parcel and direct staff to look elsewhere for land for public safety facilities. Department Head's Signature ~ City Manager s Signature Department Name ~" ~ Attorney / Finance / Human Resources S :',BULLETIN~FORbtSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PURCHASE AND SAI.E OF REAL PROPERTY BETWEEN THE CITY OF BOYNTON BEACH AND 81 82 HIGH RIDGE DEVELOPMENT, L.L.C.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to enter into a Contract for Purchase and Sale of Real Property between the City of Boynton Beach and 81 82 High Ridge Development, L.L.C. for the purpose of a 9.3+acre parcel of land at the comer of Gateway Boulevard and High Ridge Road, subject to successful completion of all due diligence; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to execute a Contract for Purchase and Sale of Real Property between the City of Boynton Beach and 81 82 High Ridge Development, L.L. C., for the real property more particularly described in said Agreement as Exhibit "A", which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. S:\CALRESO~Reai Estate\81 82 High Ridge Purchase & Sale Agr. doc PASSED AND ADOPTED this __ day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CAhR.ESOXReal Estate\81 82 High Ridge Purchase & Sale Agr. doc AGRF. F. MF.NT FOR PlIRCglARF. AND .qAI ;~ OF RF. AI. PROPF. RTY THIS AGREEMENT is made and emered into between cITY OF BOYNTON BEACH} (hereinafter referred to as "PURCHASER"), and 81 82 HIGH RIDGE DEVELOPMENT LLC,' (hereinafter referred to as "SELLER"), W 1 TN F.R R F.T I4 In cOnsideration of the mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1: DF. FINITIc}NR, The following teTM when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 I and/Prnperty. That certain parcel of 'Land located in Boynton Beach, FlOrida, together with any improvements ther,eon. The Land is more particularly deScribed on Exhibit "A" which, is attached hereto and made "a part hereof. The Land is also sometimes referred to herein as the ".Property;" 1.2 Clr}'qin~. The 'delivery of a Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to sELLER. 1.3 Cle}~ing.l')ate. The date upon Which the closing oCCurs. 1.4 D~.. A ~rarranty Deed, which shall convey the Land fr°m SELLER to PURCHASER: . 1.5 Fame.et Mnnev The sum of Four ThOusand and no/100 Dollars ($4,000.00)~has been delivered from PURCHASER to Escrow Agent ' pursuant t° section 2.1 set forth herein. :1.6 ~F.I.II~.R'R Addre_~.q. 232 South Ocean Boulevard, Lake WOrth, Florida, ~33462 ' Pa~e 1 1.7 PlIgtT. I-IA.qF.R'R Addre.q.q. City of Boynton Beach: 100 East Boynton Beach Boulevard, P.O. BOX. 310, Boynton Beach, Florida 33425-0310, with copy to Donald J. Doody, Esquire, JOSIAS, GOREN, CHEROF, DOODY AND EzROL, P.A., 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 1.8 Other Definitirm.q. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof" and the like refer to this Agreement in its entirety and not to any specific section or subsection. Subject to the provisions of this ,Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Land, previously identified on Exhibit "A", for the total purchase price of FOUR MILLION DOLLARS and no/100 ($ 4,000;000.00) and upon and subject to the terms-and cOndifi})ns hereinafter set forth. 2.1 l~ame.qt Mnney. PURCHASER tma~deposited and placed in an escrow :account maintained by The Urban Group, Inc. monies in the amount of FOUR THOUSAND AND NO/100 ($ 4,000200) DOLLARS. The EscroTM Agent is located at: The Urban 'GrOup, Inc.- 1424 South Andrews Avenue, .Suite 200, Fort' Lauderdale, Floricla, 33316. This contract is contingent upon the Boynton Beach City COmmission appro,ing this agreement and the other cOntingencies set fOrth in Section authoriZing the apprOpriate city officials to consummate the transaction. ~This. contingency, together with any Other contingencies set forth in this Agreement, shall be fulfilled ~ Page2 or waived by Purchaser within the Inspection Period, as defined in Section 3 hereof. 2.2- Balance nf l:hlre, ha.qe Price. PURCHASER shall pay the balance of the Purchase Price to SELLER at closing by cash or by certified check, 'or by wire transfer to SELLER'S bank accom of current federal funds. 2.3 The Purchase includes all rights, title and interest, if any, of SELLER in any Land lying in the bed of any.public or private street or highway, opened or prOposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any fight, title or interest of SELLER· and (2)· for any damage to the Land. due to change of grade of anY street or highway, or .thereafter on demand, proper instruments for the conveyance of title and the assignmem and COllection of award and damages; 3'. IN,RPI~.C. TION,q. Buyer shall have until 5:00 P.M. on the date which is seventy-five (75) calendar days (the "Inspection Period") after the execution of this agreement in which to conduct SUch investigations and inspections as to, among other things, the Property, the. physical condition thereof, the environmental ConditiOn thereOf, the market value thereof, -. the Status, standing and transferability of'any licenses applicable to the Property. or any part thereof or any business operations conducted thereon, the feasibility of the purchase of the Property.for BUYer's purposes, matters ofzomng and all'other matters' with reSPect to the Property'which are in. Buyer's jud~tnnent relevant to Buyer's .determination whether .to purchase the Property or to. terminate this Agreement and, without limitation to the foregoing, within Which to obtain all necessary authorizations. Seller Shall cooperate in good faith with Buyer 'in Buyer.;s efforts to investigate the Property during the Inspection Period. To the extem permitted by law, Buyer shall indemnify Seller from-and against any loss, damage, _cost or expense incurred by _Seller as a result of Buyer's inspection of the Property, and Buyer shall, following any SUch inspections, :. promptly restore the Property to the condition existing immediately prior to such inspections. If for any reason whatsoever, in Buyer's sole discretion, Buyer determines during the Inspection period that it 'does not wish to purchase the Property and to close the transaction contemplated hereby, Buyer shall have the absolute right to terminate this Agreement by giving written, notiCe of such termination to Seller in the manner hereinafter provided for the giving of notices, prior to the expiration of the Inspection Period. Upon receipt of such.notice the Deposit shall be returned to Buyer and thereafter this Agreement shall be deemed terminated and of no further force and effect .and both parties shall be released and relieved of any liability or obligations hereunder. If Buyer does not provide notice of termination prior to the expiration of the 'ln.qpecfion Period, then it shall be presUmed conclusively 'that Buyer is satisfied with its investigation, and thereafter Buyer shall have no further right to terminate this Agreement in aCCOrdance with the provisions hereof, and, shall be obligated to close the transaction contemplated herein on the Closing Date. 4. CONDITION OF TI-IF. Pl~(~PF.R.TY; DT.qlT. I-.AIM~.~R OF 4.1 Buyer hereby expressly acknowledges and agrees that except as and to the extent expressly prOvided to the contrary in this Agreement: (a) Seller makes~and has made no' warranty or representation whatsoever as 'to the condition or suitability of any portion of the Property for Buyer's pUrpOses, (b).~_Seller makes and has made no warranty, express or implied, with regard to the accmcy of any information furnished to Buyer, and Seller shall not be bound by any statement of any broker, employee, agent or other representative of Seller, (c) Buyer will haVe made by the end of the Inspection Period a complete and 'thorough examination and inspection of all portions' of the Land~ on the basis of its insPection, Buyer is thoroughly familiar with all portions of the Property (including Without limitation, whether or not hazardous or toxic materials are or have heretofore been located on or under or generated froTM any portion of the Page 4 Property), zoning, land use restrictions, .utility availability and hook up costs (including, without limitation, whether or not septic tanks are permitted or prohibited) and all other matterS relevant to Buyer, (d) Buyer will have determined by the end of the Inspection Period that the condition of all portions of the PrOperty is satisfactory to Buyer, (e) notwithstanding the nature or extent of the inspections Buyer has made, Buyer shall purchase and accept every portion of the Property- in its "as-is" condition without requiring any action, expense or other thing or matter or matter on the part of the Seller to be paid or 'performed and, upon acceptance of the Deed at ClOsing,. BUyer shall be conclusively deemed to have accepted the Property in its ."as-is" conditiOn, (f) Buyer will have obtained by. the end of the Inspection Period all necessary apprOvals for its purchase of the Property, including, without' limitation, if the Buyer is a municipality or agency of any gOVernment, all necessary authorizations from any coUncil, commission, goveming board, and the like, together with all necessary appraisals to fulfill the-requirements of law relating to the value of the Property for purchase,' all the foregoing of which shall be deemed to have been acceptable to Seller and fully approved as required by law, and (g) Seller makes and has made no warranty, express or implied, Concerning any portion of the PrOPerty, its condition, the use to which it .may be put, any environmental matters, or any other thing or matter directly or. 'indirectly related thereto or hereto (including, without limitation, NO WARRANTY OF MERCHANTABILITY, 'OR ~S FOR ANY PARTICULAR pURPOsE OR RELATING TO THE. ABSENCE OF LATENT OR OTHER DEFECTS). In accordance With Section 161.57(2) Florida Statues, Buyer hereby waives being furnished any information by Seller related to whether ornot any portion of the Property lies seaward of any coastal construction control-line ' (as defined in Section 161.053,.Florida Statutes) and any such information Shall be compiled by Buyer, if Buyer desires, at BUyer's ·sole cost and expense. The prOvisions of this section shall survive Closing and delivery of the deed of conveyance. ' page 5 5. F. VtDFNCF, OF TIT! F.. 5.1 Title to the Land. SELLER shall convey to PURCHASER at closing~ by delivery of a Warranty Deed, regarding the subject Land, subject to all easements and restrictions of record. Within ten (10) days of the execution of this Agreement, Purchaser shall secure a title insurance commitment insuring PURCHASER'S rifle to the Land subject only to those exceptions set forth in the commitment and acceptable to PURCHASER. All costs and expenses, relative to the issuance-of a title commitment and an owner's title policy shall be borne by the PURCHASER. · PURCHASER shall have ten (10) days from the date of receiving said commitment to examine said commitment. If. PURCHASER objects to any.exception to rifle as shown in said commitment, PURCHASER shall within ten (10) days of receipt of said COmmitmem, notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to-cure, Shall be cured-by SELLER so as to enable the removal of said objection(s) from the title commitment within ten- (10) days after PuRcHASER has provided notice to SELLER. Within-two (2) days after the expiration of SELLER'S time to cure any °bjection,' SELLER shall send to PURCHASER a notice in writing (a "cure notice'') stating either-(1) that the objection has.been cured and. in such case' enclosing evidence of such Cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection, if ·SELLER shall be unable or unwilling to cure all objecti°ns within the time period set forth in the preceding Sentence, then PURCHASER may (a) terminate thi.~Agreement by written nOtice-to the SELLER within five (5) days after receipt of a cure notice· specifying an uncured objection, in which event all instruments and monies held by the Escrow-Agent shall be immediately returned to PURCHASER;.' or (b) subject to the. Provisions set' forth below, proceed to close the .transaction contemplated herein despite the ~ Page 6 ~ uncured objection. 5.2. Snrvey and I~.ga! Description During the InspectiOn Period, PURCHASER.shall order: (i) a tree, complete and reproducible tracing of a current survey map (current is defined to be certified within-fifteen (15) days 'of the date of the Agreement),- prepared by a registered Land surveyor or engineer licensed in the State of Florida showing the boundaries of the Land, and the location of any easements tliere°n and certifying the number of acres (to-the nearest one thousandth acre) of Land contained in the Land, improvements and encroachmentS; and (ii) a COrrect metes and bounds legal description of the Land which, upon approval thereof by PURCHASER and SELLER (not' to be unreasonably withheld), shall be the legal description used in the deed of COnveyance. The survey and legal description shall be prepared and certified by 'a surveyor licensed and registered in the State of Florida and shall comply with the requirementS of the survey maP established in' connection with the issuance of an owner's tire insm:ance policy on. the Land. The survey shall be certified to PURCHASER and the tire insurance company issuing the title insurance~ In the event the survey shows any material encroachments, striPs, gores, or anY portion of the Land non-COntiguous to any other portion of the Land or any other matter materially affecting the intended use or marketability, of title to the Land (any such matter is-herein called a -"survey objection" and treated as a title defec0, PURCHASER shall have- a period .of ten (10) days after receipt of the survey by PURCHASER within Which to approve or disaPProve any survey objection and to give ~notice to sELLER.. of any disapproval thereOf indicating in reasonable detail the nature, and reasons for PURCHASER'S objection: PURCHASER agrees that it will .not arbitrarily or UnreasonablY withhold'its approVal, of'any Such survey objection and. that PURCHASER. will approve anY such sUrVey objection which does not affect the marketability of title or. materiallY interfere with .PURCHASER'S use of the 'Land as a self Page 7 storage facility. In the' event PURCHASER provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shall be governed by Section 5:1 hereof such that the parties shall have the same fights and objections as though such survey objection objected to was a new exception to title Which was discOVered and objected to within the contemplation of Section 5..1. 6.0 6.1 Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until .the deed described in Paragraph 5'.1 hereof is delivered by SELLER to PURCHASER~ (a) In the event the Land, or any portion thereof, is condemned by any governmental authority under its power of eminent domain Or becomes the subject of a notice of condemnation, PURCHASER may elect to terminate this Agreement, in which event the entire deposit and interest shall be returned to PURCHASER and neither, party shall have any further claim against the other, or pURcHASER may eleCt to complete settlement hereunder, in which event SELLER shall assign to PURCHASER all of SELLER'S right, rifle' and interest in and to any condemnation awards, whether pending or already paid. 7. TRANgb-q~.R OF TITI.F..qIIR_mCT TO. The[amd shall be COnveyed subject only to those exceptions as set forth m.'paragraphs 2.3, 5.1 and 5.2 and to: (a) Water lines, sanitary seWer, drainage, gas distribution, electrical' and telephone easements of record provided that they are-used to serVice the Land. Co) Unpaid assessments payable after the date oflthe transfer of rifle. Page 8 8. A DH IRTMENTR A T CI In the event that, following the Closing, the amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax _used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate. Tiffs provision shall ~ survive the Closing. 9. CI.OSlN~ DATE AND PliACI~,, The closing wi/1 take place, at an office and time mutually agreed upon no later than (15) days subsequent to the eXPiration of the inspection period, time being of the essence. 10. DF.I~AIII:T. If-the PURCHASER shall fail or refuse to conSUmmate the transaction in accordance with the terms and provisiOns of this agreement, the deposit and interest shall be forfeited to SELLER as agreed upon liquidated damages. In the event of such default by PURCHASER, SELLER's sole and entire remedy shall be restricted to retention of the deposit plns all accrued interest, if any, and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. In addition to the other remedies which' PURCHASER may have specifically set forth in this Agreement in the event, of:SELLER'S default, PURCHASER shall be entitled to equitable .relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. 11. COSTS. SELLEK?~J~al1 be responsible relative to the costs and expenses related to the documentary, stamPs affixed to the Warranty Deed: The COsts related to. the survey', the apPraisal and. the costs and expenses incurred relating to the recording of the Warranty Deed and obtaining an Owner's Title pOlicy shall be the responsibility of the PURCHASER. 12. Sl~.IJ.~R'S-WARI~ANITIF~q. SELLER hereby acknowledges and Warrants to .the best of its knowledge that all of the lfollowing statements are tree and correct as of the date of Closing and .Shall survive the closing. .. Page 9 (a) There are no leases, letting or tenancies affecting any part of any of the Land except tenant leases and there are no written or oral promises, understandings, agreements or commitments between SELLER (or. any predecessor of SELLER) and any tenant or other person affecting the Land. (b) DELETED. (c) SELLER is not in default in any of SELLER'S obligations to any supplier of any materials or services obtained or to be used in connection with the property. All of the representations, warranties and covenants of SELLER contained in this Agreement or in any other document, delivered to PURCHASER in connection with the transaction .contemplated herein shall be true and correct in all material respects and not in default at the time of 'closing, just as though they were made at such time. 13. PlIRCI-IAgF. R'.qWARRANTIFN..-PURCHASER hereby acknowledges and. warrants to the best of its knowledge that all of the following-are tree and correct and all shall survive the closing: (a) PURCHASER has full 'power and authority to enter, into this Agreement and to assume and perform all of its obligatiOns hereunder. C0) The execution and delivery of thi.q Agreement and the performance 'by PURCHASER of the obligatiOns hereunder have been duly authorized by the-PURCHASER as. may be required, and. no further action or approVal is required.in order to constitute thi.q~ Agreement as a binding obligation of the PURCHASER. i4. I~-/ffI=IDI~(2F. AItII.IT~. If any provision in this Agreement Shall be held to be eXcessively broad, it. shall' be construed, by limiting and reducing it, to be enforceable to the eXtent compatible with applicable law.i if any proVision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this agreement. 15. COhlTING~.NICn~q. PURCHASER'S obligations under this Agreement is cOntingent upon: (a) The PURCHASER obtaining.authorization from the City Commission of BOYNTON BEACH authorizing the City officials to consummate this transaction. (b) The PURCHASER obtaining two (2) appraisals from appraisers pursuant to Section 253.025 (6)(b) of the Florida Statutes (2001). The appraisals shall show the Land to have an appraised value equal to. or exceeding the' PUrchase price as set forth in Section 2. In the' event the .appraisal value does not equal the Purchase Price, the City Commission may elect to terminate this Agreement. (c) The PURCHASER obtaining a satisfactory EnvirOnmental Phase I Audit. In the event, 'the Environmental Audit is not satisfactory, the City Commission may elect to terminate this Agreement. (d) If upon the expiration of the inspection period the City-determines that the Land is unsuitable for any intended use~ they may elect to terminate this 'agreement and receive an immediate return of the deposit. Notwithstanding anything to th~'~'~ntrary contained in this Section 15 or elsewhere in this Agreement, the foregoing contingencies shall be fulfilled or waived by Purchaser in their entirety within ~the In'qPection Period. In the event that the purchaser has not furnished Seller with written notice of terminatiOn of this Agreement during the Inspection Period in the man~er herein for prOviding notiCeS; it Shall. be conclusively presumed that any and all contingencies to .the Purchaser's. obligation to purchase the Land in accordance with the terms and conditions of this Agreement have occurred, 'been '>erformed. and/or waived'; and the Purchaser shall be obligated to purchase the Land on the closing date. 16. NO I.IAlaII,ITY. Unless this Agreement is executed by both parties within the specified time period, neither party shall be obligated to perform the covenants herein contained. 17. F. FFF. CTIVE DATF.. Unless both SELLER and PURCHASER execute this Agreement by March 5, 2004, this Agreement shall be null, void and ineffective. This Agreement shall be deemed effective as of the last date that the document is executed by either PURCHASER or SELLER~ 18. C~O_ V~.RN-mlC, I.AW. This Agreement shall be governed by the laws of the State of Florida. 19. F, NTIRF. AGRF. F. MF. NT, All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreemem. This Agreement completely eXpresses their full agreemem. 20. NC} C}R Al, ~JqANG~,, This Agreement may.not be changed or amended orally. 21, ~qlIC. C.I~,RROR,q. This Agreement shall apPly to and bind the distributees, executors, administrators, successors and assigns of SELLER and PURCHASER. 22. RADC}N GA,q: Radon is a mmrally occurring radioactive gas that, when it has accumulated in a building in sufficient quantifies; may present-health risks to persons who are exposed to it over time. Levels oI~a~lon that exceed federa1 and state gUidelines_have been found in buildings in Florida. Additional informatiOn regarding rad°n and. radOn testing may be obtained fxom yOur county health unit. 23. (-?.OIINTF. RPART.q- This Agreement may be executed in two or more counterparts, eachI of which shall be and 'shall be taken to be an original and all collectively · deemed one immanent. 24. 'The parties hereto agree that a faCSimile .copy hereof and any signatures hereto- ' Page 12 shall be conSidered for all purposes as originals. 25. [iR OffER: a) Seller represents that it has not listed the property for sale or otherwise entered into any agreement for the payment of a real estate brokerage commission regarding the sale of the propen'y with any broker or any other person entitled to be paid a brokerage commission in accordance with Florida law other than Manatee Cove Realty which shall equal two and a half (2.5%) percent of the purchase price. The Purchaser's Agent, The Urban Group, Inc. will coOperate with Manatee Cove Realty, and equallY split this Commission or (1.25%) each. b) Seller hereby indemnifies and holds Purchaser harmless from and again.qt all liability,' cost or eXpense, including reasonable attorney's fees whether trial be broughtor not, incurred by Purchaser, Manatee Cove Realty in the event the representations of Seller are false or incorrect Or in the event of any claim that is made against. Purchaser, Manatee Cove Realty bY any person who claims to be entitled to a real estate brokerage commission as a result of having entered into an express agreement with the Seller for the payment of a commission IN WITNESS-WHEREOF, the parties have executed this. Agreement as of the dates indicated below. WITNF. klS: PURCHASER: · CITY OF BOYNTON BEACH, a Florida ~ MuniciPal COrporatiOn (Print ame ?) . Page 13 SELLER: ', 81 82 HIGH RIDGE DEVELOPMENT LLC aCmt Naine~') DATE: _.~ O~Zf__ (Print Namer) ~~ (Print Namer)' DATE: ~2-26-0'/ Page 14 Exhibit A Lots 81 and 82, PLAT OF P.C.D. CENTER, according to the plat thereof, on file in thc office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 60, Page 106, said lands situate~ lying and being in Palm Beach CoUnty, Florida, LESS the following described parcel: Commence at the West Quarter corner of Section 16, ToWnShip 45 South, Range 43 East; thence run North 01° 23' 32" WeSt, along the West line of said Section 16, to the Baseline of SUrVey for the NorthweSt 22na avenue, a ~stanCe of 22.69 feet; thence South 88° 57' 47" East, a distance of 1315.16 feet along said baseline; thence South 01© 02' 13" West, a distance of 160.61 feet to the Northeast corner of said Plat-and.Point of Beginning; thence South 13° 0I ~' 41" West along the Easterly line of said Plat; said line also being the WeSterly existingright-0f-waY line for the CSX. Railroad a distance of 1188.51 feet; thence North 89° 52' 44" West, along the SOutherly line of said Plat,' a distance of 10.61 feet; thence North 11° 20~ 09" East, a distance at 1 t83.35 feet; thence SOuth 87° 02' 39" East, along the NOrtherly line of said Plat, aaid line also being the existing SoUtherly Limited Access Right-Of-Way Line for the Northwest 22"a Ave, a distance of 46.00 feet to the Point .of Beginning. MAR. 5, 21)0~ 10:30AMARNSTEIN & LEHR NO. 2756 P. 2 ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY BETWEEN 81 . 82 HIGH RIDGE DEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER") AND THE CITY OF BOYNTON BEACH ("PURCHASER") APPEARED this ~ dayof March, 2004, Seller and purChaser and hereby enter into this Addendum (,Addendum") to that certatn Agreement for Purchase and Sale:of Real Property ("Agreement") of even date herewith as follows: 1. Any conflict between the terms of the Agreement and the terms of this Addendum shall be resolved, in favor of this Addendum.· 2. The Purchase.PriCe shall'be $4,200,000,00 and the Earnest Money Deposit shall be $4,200.00. ' 3. Any reference in the Agreement to Warranty Deed shall mean Special Wmmnty Deed. I--i~,'S~l'S~'l'~ ~i~lll DIIgll gg r%,1t1'~%~1~111 i,~ hglll L.I.F. UI,,I~,~II gig ~IIi3Wll-UI I,IIg 5. In paragraph 2.2 the term "certified check" shall be deleted. 8. Prior to entering the Property, Purchaser shall provide evidence of liability Insuranceto Seller .in amounts not less than $500,000.00 per occurrence, and $1,000,000.00 aggregate. .. 7' In Section 5.1, the first sentence of the' second paragraph Shall have the ~) follO#ing added: "but in n° eve~]t"]ater than 20 days afte%,execution of this Agreement." 8, Seclion 6. l(a) shall not apply if the condemning authority is the Pumhaser or any-entity °r agencY controlled by the Purchaser. 9. In Section 12(a) the parenthetical shall be deleted. 11. In secUon 25(b), PUrchaser, sjl~!l Similarly:indemnify and hold Seller harmless as rrK)m fully described in that Section. -%~ 'MAK 5. 21)04 10'36AM ARNSTEIN & LEHR NO. 2756 P. 3 13, Purchaser acknowledges that Seller may dose on this property as part of an IRS section 1031 Tax Deferred Exchange and Purchaser. shall cooperate with all rea,.,onable-requests of Seller to execute appropriate documents prior to or at dosing in order to effectuate Seller's 1031 Exchange. IN wITNEss WHEREOF, the parties hereto set forth their hands and seals on the date firSt above written, SELLER: BUYER: ' 81q~,2 High Ridge Development, LLC City of Boynton Beach F'~lt NaF~_ ~j~j~%~[~f~.C~,~~~/ P~nt Name '. Ti . T.,. ~ ] CI~ MANAGER. . ~O~N~ON BEACR, Prrpared by and return to: . . Manuel A. Fcrnand~, F. zquire Stroock & $~roock & Lavan LL? 3160 Fi:st Union Financial Center 200 South BiscaYne Boules, etd Miami, Florida ~3131-2385 ASSIGN~NT OF P~M BEACH CO~TY gO~ ~A~ ~E C~DIT$ ~S AssIG~E~ OF p~M BEACH COU~Y RO~.I~A~ C~D~S (~e "~si~ent'9 is ~de ~d ~te~d~ ~s ~ ~y of Dec~b~, 2002, by ~d be~e~ BOY.ON ~US~ ~TY CO.OPTION, a Ddaw~ ~o~fion, whose ad&~s is ~o J.P~ Mor~ I~e~l M~agem~l Inc,, 1~1 M~ey S~eet, S~tc 313 I, Houston, Texas 77010-2~9 (her~afler refe~ed to ~ ~e "Assi~o~, ~d il-Il ~GH ~GE DE~LOP~, L.L.C., a ~lodda limited'li~ili~ ~mp~y, whose ~s i~ c/o M~aec Cove Rcalw, 232 Sou~ Oce~ Boulev~, M~ap~..Hodda 33462(h~in~er refe~ed to as the WITNESSETH: ~~, ~si~or h~ obt~ed by ~si~ent c~n road ~pact f~e c~i~ i~ued by Palm B~h Co.W, a Political subdi~don I 0. I .~ 1 of~e P~ Beach Co~ty Unified ~nd Developm~t Code ("Crc~'9; ~d ~E~AS, Assi~or is now d~iwm of~sf~g and aside a portion of~e C~di~ ~o ~si~ee. NOW, T~FO~, ~ ?~id~tioh of ~e PreSses, Assi~or h~eby ~sf~s ~d ~si~s io ~si~ee ~a~ ~on of~i~or's ~d b~efit of ~at c~n p~el of l~d more p~~ly d~fibed ~ E~~ ~'A', ~ach~ he~ '(~e "Prop~9, pwvid~ ~a ~e ~g~or's C~i~ ~d h~by shall in no =vm~ ~cg~ such ~ ~o~ ~ is now nec~ ~r a develo~t ~t g~tes ~wximately 1,890 dally e~e~l ~ps for thc u~ and benefit of~e ~~, ~S A$SIG~~ is made ~out ~y ~ent~on or w~ bY ~or. ~ ASSIGN~ is for ~ ~clusive b~e~t of ~he Pwp~y ~d ~ch a~i~ C~i~ ~all no~ be-Used for a~.~9!h~ I~d. - ~ ~ OF BORON BEA~ and P~M BEACH CO~-~e hereby autho~aed io ~f~. on. ~ek offici~ ~or~ ~e po~ion of~e Cr~i~ h~by ~i~ to ~i~ee ~d to deduc~ ~uch amour ~m ~e rema~g Cr~i~ av~l~le lo ~si~orl [REMAINDER OF PAGE INTENTIoNALLy LEFT BLANK] SSL-MIAI 30lOiidSvi IX.-CITY MANAGER'S REPORT ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City_ Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Approve Resolution authorizing the issuance by the City of not exceeding $19,000,000 in aggregate principal amount of Public Service Tax revenue Bonds, Series 2004, to finance various capital expenditures of the City and to refmance the City's Public Service Tax Refunding Revenue Bonds, Series 1993. EXPLANATION: In the City Commission's approval of the 2003/2004 Capital Improvement Program they authorized the City to issue Public Service Tax Bonds to fired several of the projects in the amount of $8.6M. The total of the bond issue will be this $8.6M as well as the balance due on the 1993 Public Service Tax Bonds which we will be refunding with a potential PV Refunding savings of $590,144. PROGRAM IMPACT: Without the bond issue funds projects would have to be scaled back or deleted from the City's Capital Projects list. FISCAL IMPACT: Current Fund balance in the Capital Improvement Fund is $4.6M. Total cost of projects approved by the City Commission is $19.6. Part of the funding source for these projects was a new PS Tax Bond issue of $8.6M ALTERNATIVES: Not move forward with Bond Issue and scale back on projects or delay projects until funding becomes available. ' Department Head's Signature ~-- 'nitrify Managt/r's Signature Finance Department Name City Attorney / Finance / Human Resources Sg~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA PUBLIC SERVICE TAX REVENUE BONDS BOND RESOLUTION ADOPTED APRIL 6, 2004 TABLE OF CONTENTS (This Table of Contents is not part of the Resolution and is for convenience of reference only.) PAGE ARTICLE I GENERAL ............................................................. 1 SECTION 1.01. Definitions ........................................... 1 SECTION 1.02. Authority for This Resolution ............................ 9 SECTION 1.03. Resolution to Constitute Contract ......................... 9 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS ...................................................................... SECTION 2.01. Authorization of Bonds ................................. 9 SECTION 2.02. Authorization, Description and Terms of Series 2004 Bonds ... 10 SECTION 2.03. Paying Agent and Registrar for Series 2004 Bonds ........... 11 SECTION 2.04. Award of the Series 2004 Bonds ......................... 11 SECTION 2.05. Official Statement for Series 2004 Bonds .................. 12 SECTION 2.06. Book Entry System for Series 2004 Bonds ................. 12 SECTION 2.07. Application of Series 2004 Bond Proceeds ................. 12 SECTION 2.08. Municipal Bond Insurance Provisions ..................... 12 SECTION 2.09. Reserve Sure _t5, Provisions .............................. 12 SECTION 2.10. Execution and Delivery of the Series 2004 Bonds ............ 12 SECTION 2.11. Insurance Commitments ............................... 13 SECTION 2.12. The Refunded Bonds and the Escrow Deposit Agreement ..... 13 SECTION 2.13. Execution of Bonds ................................... 13 SECTION 2.14. Authentication ....................................... 13 SECTION 2.15. Temporary. Bonds ..................................... 14 SECTION 2.16. Bonds Mutilated, Destroyed, Stolen or Lost ................ 14 SECTION 2.17. Negotiabili _ty, Interchangeability and Transfer ............... 14 SECTION 2.18. Form of Bonds ....................................... 15 ARTICLE III REDEMPTION OF BONDS .............................................. 23 SECTION 3.01. Privilege of Redemption ............................... 23 SECTION 3.02. Selection of Bonds to be Redeemed ...................... 23 SECTION 3.03. Notice of Redemption ................................. 23 SECTION 3.04. Redemption of Portions of Bonds ........................ 24 SECTION 3.05. Payment of Redeemed Bonds ........................... 24 -i- ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF ............................................... 25 SECTION 4.01. Bonds Not to be Indebtedness of Issuer .................... 25 SECTION 4.02. Security for Bonds .................................... 25 SECTION 4.03. Funds and Accounts ................................... 25 SECTION 4.04. Construction Fund .................................... 26 SECTION 4.05. Debt Service Fund; Reserve Fund ........................ 26 SECTION 4.06. Rebate Fund ......................................... 28 SECTION 4.07. Investments ......................................... 29 SECTION 4.08. Separate Accounts .................................... 29 ARTICLE V SUBORDiNATED INDEBTEDNESS ADDITIONAL BONDS, AND COVENANTS OF ISSUER ..................... 30 SECTION 5.01. Subordinated Indebtedness ............................. 30 SECTION 5.02. Issuance of Additional Bonds ........................... 30 SECTION 5.03. Bond Anticipation Notes ............................... 31 SECTION 5.04. Accession of Subordinated Indebtedness to Pari _ty Status with Bonds SECTION 5.05. Annual Budget ....................................... 32 SECTION 5.06. Public Service Tax and Discretionaw Communication Services Tax ............................................................... 2 SECTION 5.07. Books and Records ................................... 32 SECTION 5.08. Annual Audit ........................................ 32 SECTION 5.09. No Impairment ....................................... 33 SECTION 5.10. Special Covenants Relating to Reserve Fund Insurance Policy or Reserve Fund Letter of Credit ....................................... 33 SECTION 5.11. Covenants with Credit Banks and Insurers ................. 33 SECTION 5.12. Federal Income Tax Covenants; Taxable Bonds ............. 33 SECTION 5.13. Nonpresentment of Bonds; Disposition of Unclaimed Money .. 34 SECTION 5.14. Enforcement of Public Service Tax and Discretionary_ Communication Services Tax ........................................ 35 SECTION 5.15. Continuing Disclosure Compliance ....................... 35 ARTICLE VI DEFAULTS AND REMEDIES ............................................ 37 SECTION 6.01. Events of Default ..................................... 37 SECTION 6.02. Remedies ........................................... 37 SECTION 6.03. Directions to Trustee as to Remedial Proceedings ............ 38 SECTION 6.04. Remedies Cumulative ................................. 38 SECTION 6.05. Waiver of Default ..................................... 38 -ii- SECTION 6.06. Application of Moneys After Default ..................... 38 SECTION 6.07. Control by Insurer or Credit Bank ........................ 39 ARTICLE VII SUPPLEMENTAL RESOLUTIONS ........................................ 40 SECTION 7.01. Supplemental Resolution Without Bondholders' Consent ...... 40 SECTION 7.02. Supplemental Resolution With Bondholders', Insurer's and Credit Bank's Consent ................................................... 41 SECTION 7.03. Amendment with Consent of Insurer and/or Credit Bank Only.. 42 SECTION 7.04. Required Opinion of Bond Counsel ....................... 43 ARTICLE VIII MISCELLANEOUS ..................................................................... 4 SECTION 8.01. Defeasance .......................................... 44 SECTION 8.02. Capital Appreciation Bonds ............................. 45 SECTION 8.03. General Authori _ty .................................... 45 SECTION 8.04. No Personal Liability .................................. 45 SECTION 8.05. No Third Party Beneficiaries ............................ 46 SECTION 8.06. Sale of Bonds ........................................ 46 SECTION 8.07. Severabili[y of Invalid Provisions ........................ 46 SECTION 8.08. Repeal of Inconsistent Resolutions ....................... 46 SECTION 8.09. Table of Contents and Headings not Part Hereof ............. 46 SECTION 8.10. Holidays; Time ....................................... 46 SECTION 8.11. Effective Date ....................................... 46 o111- RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE BY THE CITY OF NOT EXCEEDING $19,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF PUBLIC SERVICE TAX REVENUE BONDS, SERIES 2004, TO FINANCE VARIOUS CAPITAL EXPENDITURES OF THE CITY AND TO REFINANCE THE CITY'S PUBLIC SERVICE TAX REFUNDING REVENUE BONDS, SERIES 1993; AUTHORIZING ADDITIONAL BONDS; PLEDGING TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS CERTAIN PLEDGED FUNDS, INCLUDING THE PUBLIC SERVICE TAX REVENUES AND THE DISCRETIONARY COMMUNICATION TAX REVENUES OF THE CITY AND MONEYS ON DEPOSIT IN AND INVESTMENTS HELD FOR THE CREDIT OF CERTAIN FUNDS CREATED HEREUNDER; SETTING FORTH A METHOD TO ESTABLISH THE PRINCIPAL AMOUNT, INTEREST RATES, MATURITY SCHEDULE AND REDEMPTION PROVISIONS FOR SUCH SERIES 2004 BONDS; AUTHORIZING CITY OFFICIALS TO AWARD THE SALE OF THE SERIES 2004 BONDS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND REGISTRAR FOR THE BONDS; PROVIDING A METHOD TO APPROVE THE FORM AND USE OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT; AUTHORIZING THE PURCHASE OF A MUNICIPAL BOND INSURANCE POLICY AND RESERVE ACCOUNT SURETY BOND FOR THE SERIES 2004 BONDS AND MAKING CERTAIN COVENANTS IN CONNECTION THEREWITH; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE OWNERS OF SUCH BONDS; PROVIDING FOR THE CREATION OF FUNDS AND ACCOUNTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: ARTICLE I GENERAL SECTION 1.01. Definitions. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal amount at its initial offering) plus the interest accrued on such Capital Appreciation Bond from the date of delivery to the original purchasers thereof to the Interest Payment Date next preceding the date of computation or the date of computation if an Interest Payment Date, plus, if such date of computation shall not be an Interest Payment Date, a portion of the difference between the Accreted Value as of the immediately preceding Interest Payment Date and the Accreted Value as of the immediately succeeding Interest Payment Date, calculated based on the assumption that Accreted Value accrues during any semiannual period in equal daily amounts. "Act" shall mean Part II, Chapter 166, Florida Statutes, Article VIII, Section 2(b), Constitution of the State of Florida, the Charter of the Issuer and other applicable provisions of law. "Additional Bonds" shall mean the obligations issued at any time under the provisions of Section 5.02 hereof. "Annual Audit" shall mean the annual audit prepared pursuant to the requirements of Section 5.08 hereof. "Annual Budget" shall mean the annual budget prepared pursuant to the requirements of Section 5.05 hereof. "Authorized Depository" shall mean a qualified public depository, as defined in Chapter 280, Florida Statutes, or any successor provision thereof. "Authorized Investments" shall mean any of the following which shall be authorized from time to time by applicable laws of the State for deposit or purchase by the Issuer for the investment of its funds: (1) Defeasance Obligations. (2) Interest-bearing time deposits or savings accounts in banks organized under the laws of the State, in national banks organized under the laws of the United States and doing business and situated in the State, in savings and loan associations which are under State supervision, or in federal savings and loan associations located in the State and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law; (3) Obligations of the federal farm credit banks; the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed by the Government National Mortgage Association; (4) Obligations of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and mortgage pass- through certificates guaranteed by the Federal National Mortgage Association; (5) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the investment Company Act of 1940, 15 U.S.C. ss. 80a- 1 et seq., as amended from time to time, provided the portfolio of such investment company or investment trust is limited to Defeasance Obligations and to repurchase agreements fully collateralized by such Defeasance Obligations and provided such investm, ent company or investment trust takes delivery of such collateral either directly or through an authorized custodian; (6) The Local Government Surplus Funds Trust Fund established pursuant to Part IV, Chapter 218, Florida Statutes; or (7) Any other investment approved in writing by each Insurer of Bonds secured by the funds being invested. "Authorized Issuer Officer" for the performance on the behalf of the Issuer of any act of the Issuer or the execution of any instrument on behalf of the Issuer shall mean the City Manager or any other person authorized by resolution of the Issuer or appointed by certificate of the Mayor to perform such act or sign such document. "Balloon Indebtedness" shall mean indebtedness 25% or more of the principal payments of which are due in a Fiscal Year and which indebtedness is not required to be paid over its term on a substantially level debt service basis on a Fiscal Year basis, and indebtedness 25% or more of the principal of which may, at the option of the holder or registered owner thereof, be redeemed in a Fiscal Year. "Beneficial Owner" means any person which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2004 Bonds (including persons holding Series 2004 Bonds through nominees, depositories or other intermediaries) or (ii) is treated as the owner of the Series 2004 Bonds for federal income tax purposes. "Bond Counsel" shall mean any attorney at law or firm of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Bond Insurance Policy" shall mean a municipal bond new issue insurance policy or policies issued by an Insurer guaranteeing the payment of the principal of and interest on any portion of the Bonds. "Bondholder" or "Holder" or "holder" shall mean any Person who shall be the registered owner of any Outstanding Bond or Bonds according to the registration books of the Issuer. "Bonds" shall mean the Series 2004 Bonds, any Additional Bonds and any Subordinated Indebtedness which accedes to the status of Bonds pursuant to Section 5.04 hereof. "Business Day" shall mean, as to any Series of Bonds, any day on which any Paying Agent for such Series is open for business. "Capital Appreciation Bonds" shall mean those Bonds so designated by Supplemental Resolution, which may be either Serial Bonds or Term Bonds and which shall bear interest payable at maturity or redemption. In the case of Capital Appreciation Bonds that are convertible to Bonds with interest payable prior to maturity or prior to redemption of such Bonds, such Bonds shall be considered Capital Appreciation Bonds only during the period of time prior to such conversion. "Clerk" shall mean the City Clerk of the Issuer or such other person as may be duly authorized by the Clerk to act on his or her behalf. "Code" shall mean the United States lntemal Revenue Code of 1986, as amended, and the regulations thereunder, whether proposed, temporary or final, promulgated by the Department of the Treasury, Internal Revenue Service. "Construction Fund" shall mean the Construction Fund established pursuant to Section 4.03 hereof. "Cost" when used in connection with a Project, shall mean all amounts permitted to be paid by State law, including costs of issuance of Bonds. "Credit Bank" shall mean as to any particular Series of Bonds, the Person providing a Credit Facilityas designated in the Supplemental Resolution providing for the issuance of such Bonds. Any Credit Bank must be rated in the highest short-term or long-term rating category assigned by Moody's and S&P. "Credit Facility" shall mean as to any particular Series of Bonds, a letter of credit, a line of credit or another credit or liquidity enhancement facility (other than insurance policies issued by an Insurer, Reserve Fund Insurance Policies or Reserve Fund Letters of Credit), as approved in the Supplemental Resolution providing for the issuance of such Bonds. "Debt Service Fund" shall mean the Debt Service Fund established pursuant to Section 4.03 hereof. "Debt Service Requirement" for any Fiscal Year shall mean the sum of: (1) The aggregate amount of interest becoming due on the Bonds, other than Capital Appreciation Bonds, during such Fiscal Year. Except as otherwise specified in this Resolution, for purposes of this definition, the interest due on any Variable Rate Bonds shall be assumed to be the greater of (a) 110% of the daily average interest rate on such Variable Rate Bonds during the 12 months ending with the month preceding the date of calculation, or such shorter period that such Bonds shall have been outstanding, or (b) the actual rate of interest borne by such Variable Rate Bonds on the date of calculation. (2) The aggregate amount of principal becoming due on the Bonds, other than Capital Appreciation Bonds, for such Fiscal Year, whether by reason of maturity or mandatory redemption. (3) The aggregate amount of Accreted Value due on any Capital Appreciation Bonds maturing in such Fiscal Year. 4 In determining the amount of principal and interest becoming due on Bonds in any Fiscal Year, the following rules shall apply: (a) With respect to Balloon Indebtedness, the principal and interest becoming due on the Bonds shall be calculated based upon the assumption that the amount of principal and interest which will be payable in a given period is equal to the amount which would be payable on such Balloon Indebtedness if such Balloon Indebtedness were amortized (i) from the date of such calculation over a period equal to twenty (20) years, if such Balloon Indebtedness matures twenty (20) years or more from the date of such calculation, or (ii) if the period from the date of such calculation to the final maturity of such Balloon Indebtedness is less than twenty (20) years, then the actual number of years to maturity shall be used, on a level almual debt service basis calculated on a Fiscal Year basis, at an interest rate, if such Balloon Indebtedness bears interest at a fixed interest rate for its entire term, equal to the actual interest rate on such Balloon Indebtedness, and if such Balloon Indebtedness does not bear interest at a fixed rate for its entire term, bearing interest at a rate calculated in accordance with the methodology established above for Variable Rate Bonds. "Defeasance Obligations" shall mean: (i) direct obligations of, or obligations the timely payment of the principal of and interest on which are unconditionally guaranteed by, the United States of America and which are not redeemable or subject to prepayment prior to the stated maturity thereof by or at the direction of the obligor thereon, and including Separately Trading of Registered Interests and Principal U.S. Treasury of Securities ("Strips") and the interest component of obligations of the Resolution Funding Corporation which have been stripped by the Federal Reserve Bank of New York, to the extent such instruments are backed by the full and credit of the United States of America; (ii) to the extent not subject to redemption prior to their maturity at the option of the obligor thereon and to the extent rated at the time of investment in one of the two the highest rating categories, without regard to any refinement or gradation of such rating, by S&P, Moody's or Fitch, an obligation of any state of the United States of America or any political subdivision thereof or any agency, instrumentality or local government unit of any such state or political subdivision; (iii)investment agreements (A) with any bank, insurance company or other financial institution organized under the laws of the United States or any State (a "Qualified Bank"), (I) having capital and surplus in excess of $5.0 billion and whose unsecured, unenhanced long term debt is rated at least"AA-" or"Aa3" byat least two Rating Agencies; or (II) whose obligations under the investment agreement are guaranteed by an entity which has capital and surplus in excess of $5 billion and whose unsecured, unenhanced long term debt is rated at least "AA-" or "Aa3" by at least two Rating Agencies; and (B) which provides that in the event the provider's or the guarantor's unsecured and unenhanced long term debt is downgraded below "Aa3" or "AA-" by two of such Rating Agencies (if three Rating Agencies rate such debt) or by one of two Rating Agencies (if only one or only two Rating Agencies rate the debt), then, within 14 business days from the date of the last applicable downgrade, the provider or guarantor will do one of the following: (i) collateralize the investment agreement with securities described in clauses (i) or (ii) of this definition, such that the value of the collateral pledged is not less than 105% of the principal balance, marked to market not less frequently than weekly, and the collateral is required to be held, free and clear of any lien, by the Issuer or an independent third party acting solely as agent for the Issuer; (ii) obtain a guaranty from an entity whose long term unsecured debt is rated at least "AA-" or "Aa3" by one or more Rating Agencies, or (iii) assign the investment agreement to a Qualified Bank which has capital and surplus in excess of $5.0 billion and whose unsecured, unenhanced long term debt is rated at least "AA-" or "Aa3" by one or more Rating Agencies. "Discretionary Communications Services Tax Revenues" means all amounts received by the Issuer from the tax (the "Discretionary Communication Services Tax") levied by the Issuer pursuant to the authority of Section 202.19, Florida Statutes, or any successor provision of law, on communications services. "Escrow Agent" means Wachovia Bank, National Association. "Escrow Deposit Agreement" means the Escrow Deposit Agreement, dated the date of delivery of the Series 2004 Bonds, between the Issuer and the Escrow Agent, in the form attached hereto as Exhibit F, with such changes as authorized hereby. "Event of Default" shall mean the occurrence of any event designated as such pursuant to Section 6.01 hereof. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year of the Issuer. "Fitch" means Fitch Ratings, the nationally recognized securities rating firm, and any successor or successors thereto; and if such corporation shall be dissolved or liquidated or shall no longer perform securities rating functions, shall mean any other nationally recognized securities rating finn designated by the Issuer and approved by the Insurer and/or the Credit Bank, as applicable. "Governing Body" shall mean the City Commission of the Issuer or its successor in function. "Insurer" shall mean such Person as shall be in the business of insuring or guaranteeing the payment of principal of and interest on municipal securities and with respect to any Series of Bonds, which shall have insured or guaranteed payment of the principal of or interest on such Bonds, and as to the Series 2004 Bonds, means "Interest Payment Date" shall be such date or dates for the payment of interest on a Series of Bonds as shall be provided by Section 2.02 hereof or by Supplemental Resolution. "Issuer" shall mean the City of Boynton Beach, Florida. "Maximum Debt Service Requirement" shall mean, as of any particular date of calculation, the greatest annual Debt Service Requirement for the Bonds for the then current or any future Fiscal Year. 6 "Maximum Interest Rate" shall mean, with respect to any particular Variable Rate Bonds, a numerical rate of interest, which shall be set forth in the Supplemental Resolution delineating the details of such Bonds, that shall be the maximum rate of interest such Bonds may at any time bear in the future in accordance with the terms of such Supplemental Resolution. "Mayor" shall mean the Mayor of the Issuer or such other person as may be duly authorized by the Issuer to act on his or her behalf. "Moody's" shall mean Moody's Investors Service, Inc., a Delaware corporation, the nationally recognized securities rating firm, and any successor or successors thereto; and if such corporation shall be dissolved or liquidated or shall no longer perform securities rating functions, shall mean any other nationally recognized securities rating firm designated by the Issuer and approved by the Insurer and/or the Credit Bank, as applicable. "Outstanding" shall mean all Bonds which have been authenticated and ddivered under this Resolution except, (1) Bonds for which irrevocable (including revocable notice which shall have become irrevocable) notice of redemption has been given and for which moneys have been deposited with any Paying Agent(s) solely for the payment of such Bonds, (2) any Bond surrendered by the Holder thereof in exchange for another Bond or other Bonds under Sections 2.15, 2.16 or 2.17 hereof, (3) Bonds deemed to have been paid pursuant to Section 8.01 hereof, and (4) Bonds cancelled after purchase in the open market or because of payment at or redemption prior to maturity. "Paying Agent" shall mean any paying agent for Bonds appointed by or pursuant to resolution of the Governing Body, and its successors or assigns, and any other Person which may at any time be substituted in its place pursuant to resolution of the Governing Body. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization or governmental entity. "Pledged Accounts" shall mean, until applied in accordance with the provisions of this Resolution, all moneys, including investments thereof, in the funds and accounts established hereunder, except (i) moneys in any account of the Rebate Fund, and (ii) to the extent moneys on deposit in a subaccount of the Reserve Fund and/or an account of the Construction Fund are pledged solely for the payment of the Series of Bonds for which such account was established in accordance with the provisions hereof. "Pledged Funds" shall mean the Public Service Tax Revenues, the Discretionary Communication Services Tax Revenues and the Pledged Accounts. "Project" shall mean any undertaking of the Issuer the cost of which is to be paid, in whole or in part, from amounts in the Construction Fund. "Public Service Tax Revenues" shall mean all amounts received by the Issuer pursuant to the tax (the "Public Service Tax") levied on the purchase within the geographic jurisdiction of the Issuer of electricity, metered natural gas, liquified petroleum gas either metered or bottled, manufactured 7 gas either metered or bottled, water service and services competitive with the foregoing, pursuant to Section 166.231, Florida Statutes or any successor provision thereofi "Rating Agency" means any of Fitch, Moody's and S&P. "Rebate Fund" shall mean the Rebate Fund established pursuant to Section 4.06 hereof. "Refunded Bonds" means the Issuer's Public Service Tax Refunding Revenue Bonds, Series 1993 as shall be outstanding on the date of issuance of the Series 2004 Bonds. "Registrar" shall mean any registrar for the Bonds appointed by or pursuant to resolution of the Governing Body and its successors and assigns, and any other Person which may at any time be substituted in its place pursuant to resolution of the Governing Body. "Reserve Fund" shall mean the fund of that name established pursuant to Section 4.03 hereof. "Reserve Fund Insurance Policy" shall mean an insurance policy deposited in the Reserve Fund in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05(B). "Reserve Fund Letter of Credit" shall mean a Credit Facility (other than a Reserve Fund Insurance Policy) issued by any bank or national banking association, insurance company or other financial institution and then on deposit in the Reserve Fund in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05(B) hereof. "Reserve Fund Requirement" shall mean, for a subaccount in the Reserve Fund, unless otherwise provided with respect to a Series of Bonds by Supplemental Resolution adopted prior to issuance of such Series, as of any date of calculation, an amount of money equal to the lesser of(l) the Maximum Debt Service Requirement for all Series of Bonds to which such subaccount relates, (2) 125% of the average annual Debt Service Requirement for all Series of Bonds to which such subaccount relates calculated on a Fiscal Year basis as of the date of issuance of the most recently issued Series secured by such subaccount, or (3) the sum of 10% of the aggregate initial principal amount of each Series of Bonds to which such subaccount relates (unless the Code requires issue price to be used instead of initial principal amount, in which case, issue price shall be used). In computing the Reserve Fund Requirement, the interest rate on Variable Rate Bonds shall be assumed to be the lesser of(a) the 30-year Revenue Bond Index most recently published by The Bond Buyer but in no event published more than two weeks prior to the date of issuance of such Variable Rate Bonds or (b) the Maximum Interest Rate. "Resolution" and "this Resolution" shall mean this instrument, as the same may from time to time be amended, modified or supplemented by any and all Supplemental Resolutions. "Serial Bonds" shall mean all of the Bonds other than the Term Bonds. "Series" shall mean all the Bonds delivered on original issuance in a simultaneous transaction and identified pursuant to Sections 2.01 or 2.02 hereof or in a Supplemental Resolution authorizing the issuance by the Issuer of such Bonds as a separate Series, regardless of variations in maturity, interest rate or other provisions. "Series 2004 Bonds" shall mean the Issuer's Public Service Tax Revenue Bonds, Series 2004, authorized pursuant to Section 2.02 hereof. "Series 2004 Project" means various capital projects of the City described in the capital improvement plan of the City as may be approved by the Governing Body from time to time. "S&P" shall mean Standard and Poor's Ratings Services, the nationally recognized securities rating firm, and any successor or successors thereto; and if such corporation shall be dissolved or liquidated or shall no longer perform securities rating functions, shall mean any other nationally recognized securities rating firm designated by the Issuer and approved by the Insurer and/or the Credit Bank, as applicable. "State" shall mean the State of Florida. "Subordinated Indebtedness" shall mean any indebtedness of the Issuer, subordinate and junior to the Bonds, issued in accordance with the provisions of Section 5.01 hereof, and any Variable Rate Bonds which become Subordinated Indebtedness in accordance with Section 5.02(F) hereof. "Supplemental Resolution" shall mean any resolution of the Issuer amending or supplementing this Resolution, adopted and becoming effective prior to the issuance of the Series 2004 Bonds or in accordance with the terms of Article VII hereof. "Taxable Bond" shall mean any Bond which states, in the body thereof, that the interest income thereon is includable in the gross income of the Holder thereof for federal income taxation purposes or that such interest is subject to federal income taxation. "Term Bonds" shall mean those Bonds which shall be designated as Term Bonds hereby or by Supplemental Resolution. "Variable Rate Bonds" shall mean Bonds issued with a variable, adjustable, convertible or other interest rate which at the date of issue is not fixed as one or more stated percentages for the entire term of such Bonds. The terms herein, "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the singular number include the plural number, and vice versa. SECTION 1.02. Authority for This Resolution. This Resolution is adopted pursuant to the provisions of the Act. SECTION 1.03. Resolution to Constitute Contract. In consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold the same fi:om time to time, the provisions of this Resolution shall be deemed to be and shall constitute a contract between the Issuer and the Holders fi:om time to time of the Bonds and shall be a part of the contract of the Issuer with any Credit Bank and any Insurer. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Holders of any and all of the Bonds and for the benefit, protection and security of any Credit Bank and any Insurer. All of the Bonds, regardless of the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof except as expressly provided in or pursuant to this Resolution. [End of Article I] ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. Authorization of Bonds. The Issuer herebyauthorizes the issuance of Bonds of the Issuer to be designated as "City of Boynton Beach, Florida, Public Service Tax Revenue Bonds," which may be issued in one or more Series as hereinafter provided. The aggregate principal amount of the Bonds which may be executed and delivered under this Resolution is not limited except as may hereafter be provided by Supplemental Resolution or as limited by the Act or by other applicable law. The Bonds may, if and when authorized by the Issuer pursuant to this Resolution or Supplemental Resolution, be issued in one or more Series, with such further appropriate particular designations added to or incorporated in such title for the Bonds of any particular Series as the Issuer may determine and as may be necessary to distinguish such Bonds fi:om the Bonds of any other Series. Each Bond shall bear upon its face the designation so determined for the Series to which it belongs. The Bonds shall be issued for such purpose or purposes; shall bear interest at such rate or rates not exceeding the maximum rate permitted by law; and shall be payable in lawful money of the United States of America on such dates; all as determined by this Resolution and by Supplemental Resolution. The Bonds shall be issued in such denomination or denominations and such form, whether coupon or registered; shall be dated such date or dates; shall bear such numbers; shall be payable at such place or places; shall contain such redemption provisions; shall have such Paying Agent(s) and Registrar(s); shall mature on such date or dates in such years and amounts; and the proceeds shall be used in such manner all as determined by this Resolution and by Supplemental Resolution. The Issuer may issue Bonds which may be secured by a Credit Facility or by a Bond Insurance Policy all as shall be determined by this Resolution or by Supplemental Resolution. 10 SECTION 2.02. Authorization, Description and Terms of Series 2004 Bonds. A Series of Bonds entitled to the benefit, protection and security of this Resolution is hereby authorized in an aggregate principal amount not to exceed $19,000,000 for the principal purpose of paying the cost of the Series 2004 Project and refinancing the Refunded Bonds. Such Series shall be designated as, and shall be distinguished fi.om the Bonds of all other Series by the title "City of Boynton Beach, Florida, Public Service Tax Revenue Bonds, Series 2004." The Series 2004 Bonds shall be issued as fully registered Bonds; shall be numbered consecutively from one upward in order of maturity preceded by the letter R; shall be in denominations of $5,000 and integral multiples thereof shall be dated, shall be issued in the aggregate principal amounts, shall bear interest at the rates per annum, computed on the basis ora 360-day year consisting of twelve thirty (30) day months, payable semi-annually on the 1st day of May and November of each year (the "Interest Payment Dates"), commencing November 1, 2004, shall have such redemption provisions and shall mature on September 1 of the years and in the amounts, as set forth in a certificate in the form attached hereto as Exhibit A signed by the Mayor or Vice-Mayor, and in the absence of the Mayor or Vice-Mayor, any other member of the City Commission or the City Manager, provided, however, that the arbitrage yield on the Series 2004 Bonds, as calculated for purposes of the Code, shall not exceed__%, the first optional redemption date for the Series 2004 Bonds shall not be later than November 1, 2004, and the maximum redemption price of the Series 2004 Bonds shall not exceed 102% of the principal amount thereof. The Mayor or the Vice-Mayor and in the absence of the Mayor or Vice-Mayor, any other member of the City Commission or the City Manager are jointly and severally authorized to determine the details of the Series 2004 Bonds within the parameters set forth above, and upon such determination to execute a certificate it the form attached hereto as Exhibit A completed with the details of the Series 2004 Bonds, thereby establishing such details. The principal of and premium, if applicable, on the Series 2004 Bonds are payable when due upon presentation and surrender of the Series 2004 Bonds at the office of the Paying Agent. Interest payable on any Series 2004 Bond on any Interest Payment Date will be paid by check or draft of the Paying Agent mailed on the Interest Payment Date to the Holder in whose name such Bond shall be registered at the close of business on the 15th day (whether or not a Business Day) of the calendar month next preceding such Interest Payment Date, or, unless otherwise provided by Supplemental Resolution, at the written request and expense of any Holder of at least $500,000 in principal amount of Series 2004 Bonds (or of all Series 2004 Bonds if less than $500,000 shall be unpaid), by bank wire transfer for the account of such Holder. In the event the interest payable on any Series 2004 Bond is not punctually paid or duly provided for by the Issuer on such Interest Payment Date, such defaulted interest will be paid to the Holder in whose name such Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest as established by notice sent by the Issuer to such Holder not less than ten (10) days preceding such special record date. All payments of principal of, premium, if any, and interest on the Series 2004 Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. 11 SECTION 2.03. Paying Agent and Registrar for Series 2004 Bonds. The Issuer hereby appoints Wachovia Bank, National Association as the Paying Agent and Registrar with respect to the Series 2004 Bonds, and authorizes the Mayor or Vice-Mayor to execute a paying agent and registrar agreement between Wachovia Bank, National Association and the Issuer. SECTION 2.04. Award of the Series 2004 Bonds. The Issuer hereby determines that a negotiated sale of the Series 2004 Bonds is in the best interest of the Issuer and the citizens and inhabitants of the Issuer by reason of the volatility of the market for tax-exempt bonds. Attached hereto as Exhibit B is a draft form of Bond Purchase Contract (the "Bond Purchase Contract") between the Issuer and Raymond James & Associates, Inc. (the "Original Purchaser"). Prior to execution of the Bond Purchase Contract, the Original Purchaser shall file with the Issuer the disclosures required by Section 218.385, Florida Statutes and competitive bidding for the Series 2004 Bonds is hereby waived pursuant to the authority of Section 218.385, Florida Statutes. Upon establishment of the terms of the Series 2004 Bonds, as described in Section 2.02 hereof, the Mayor or the Vice-Mayor, or in the absence of the Mayor or Vice-Mayor, any other member of the City Commission or the City Manager, are, jointly and severally, authorized to award the Series 2004 Bonds to the Original Purchaser at a price of not less than % of the par amount thereof, exclusive of any original issue discount. The Issuer approves the form of the Bond Purchase Contract and upon award of the Series 2004 Bonds, the Mayor or Vice-Mayor or in the absence of the Mayor or Vice-Mayor, any other member of the City Commission or the City Manager, are hereby jointly and severally authorized and directed for and in the name of the Issuer to execute and deliver the Bond Purchase Contract with such changes, alterations or corrections thereto as shall be approved by the Mayor or Vice-Mayor or in the absence of the Mayor or Vice-Mayor, any other member of the City Commission or the City Manager, executing the same, such execution to constitute conclusive evidence of such approval. SECTION 2.05. Official Statement for Series 2004 Bonds. The Issuerhereby approves the form and content of the draft Preliminary Official Statement relating to the Series 2004 Bonds attached hereto as Exhibit C, with such alterations as may be approved by the Mayor, the Vice- Mayor or the City Manager, and authorizes its use in connection with the sale of the Series 2004 Bonds. The Mayor, the Vice-Mayor or the City Manager are authorized to "deem final" the Preliminary Official Statement for purposes of Securities and Exchange Commission Rule 15c2-12. The preparation of a final Official Statement for the Series 2004 Bonds, which shall be in substantially the form of the Preliminary Official Statement, changed to reflect the terms of the Series 2004 Bonds and with such other changes, alterations and corrections therein as may be approved by the Mayor or Vice-Mayor, such approval to be conclusively established by such execution, is hereby authorized, and upon preparation thereof the Mayor, the Vice-Mayor or City Manager are jointly and severally authorized and directed for and in the name of the Issuer to execute and deliver the Official Statement, as hereby approved. SECTION 2.06. Book Entry SYstem for Series 2004 Bonds. The Series 2004 Bonds shall be initially registered in the name of Cede & Co. ("Cede"), as nominee of The Depository Trust Company ("DTC"). Beneficial owners of the Series 2004 Bonds will not receive physical delivery 12 of Series 2004 Bond certificates nor will they have a right to receive a certificate during the period that the Series 2004 Bonds are immobilized in the custody of DTC. SECTION 2.07. Application of Series 2004 Bond Proceeds. Proceeds from the sale of the Series 2004 Bonds, including accrued interest, but excluding the cost of the bond insurance policy and reserve surety for the Series 2004 Bonds, which shall be paid by the Original Purchaser directly to the Insurer, shall be applied as follows: (a) An amount sufficient, together with other funds available for such purpose, to provide for the refinancing of the Refunded Bonds shall be deposited into the escrow deposit trust fund under the Escrow Agreement; and (b) The remaining amount received upon the sale of the Series 2004 bonds shall be deposited in the Series 2004 Account of the Construction Fund. SECTION 2.08. Municipal Bond Insurance Provisions. Notwithstanding any provision to the contrary contained herein, the following provisions shall apply with respect to any Bonds as to which has issued a Municipal Bond Insurance Policy (as such terms are hereinafter defined): SECTION 2.09. Reserve Surety Provisions. Notwithstanding any provision to the contrary contained herein, the following provisions shall apply while has issued a surety bond in order to fund all or a portion of the Reserve Account Requirement for any Bonds: SECTION 2.10. Execution and Delivery_ of the Series 2004 Bonds. The Mayor and Clerk are hereby authorized and directed on behalf of the Issuer to execute the Series 2004 Bonds as provided herein, and such officials are hereby authorized and directed upon the execution of the Series 2004 Bonds in the form and manner set forth herein to deliver the Series 2004 Bonds in the amount authorized to be issued hereunder to the Registrar for authentication and delivery to or upon the order of the Original Purchaser upon payment of the purchase price set forth herein. SECTION 2.11. Insurance Commitments. The Issuer accepts the Commitment for Municipal Bond Insurance and the Commitment for Surety Bond, both dated __ ., 2004, of (" ") attached hereto as Exhibits D and E, respectively. The Mayor, the Vice-Mayor and City Manager arej ointly and severally authorized to execute, on behalf of the Issuer, the Guaranty Agreement attached to the Commitment for Surety Bond. SECTION 2.12. The Refunded Bonds and the Escrow Deposit Agreement. The Mayor, the Vice-Mayor and City Manager are jointly and severally authorized and directed for and in the name of the Issuer to execute and deliver the Escrow Deposit Agreement, in such form as shall be approved by the official executing the same consistent with this Resolution, such execution to constitute conclusive evidence of such approval. 13 The Issuer hereby irrevocably elects, effective upon and only upon the issuance of the Series 2004 Bonds, that the Refunded Bonds shall be called for redemption on __, 2004, or such other date as provided in the Escrow Deposit Agreement, at a price of 102% of par, plus accrued interest to the redemption date. The Issuer hereby appoints as the independent certified public accountant to verify the calculations of the sufficiency of amounts to be deposited pursuant to the Escrow Deposit Agreement to pay the principal, premium and interest on the Refunded Bonds and to verify the calculations of the yield on the amounts invested pursuant to the Escrow Deposit Agreement, on the Refunded Bonds and on the Series 2004 Bonds SECTION 2.13. Execution of Bonds. The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Mayor and the official seal (or a facsimile thereof) of the Issuer shall be impressed or imprinted thereon, attested and countersigned with the manual or facsimile signature of the Clerk. In case any one or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although at the date of such Bond such person may not have held such office or may not have been so authorized. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after the date of the adoption of this Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.14. Authentication. No Bond of any Series shall be secured hereunder or entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there shall be manually endorsed on such Bond a certificate of authentication by the Registrar or such other entity as may be approved by the Issuer for such purpose. Such certificate on any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The form of such certificate shall be substantially in the form provided in Section 2.18 hereof. SECTION 2.15. Temporary_ Bonds. Until the definitive Bonds of any Series are prepared, the Issuer may execute, in the same manner as is provided in Section 2.13, and deliver, upon authentication by the Registrar pursuant to Section 2.14 hereof, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except as to the denominations thereof, one or more temporary Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominations authorized by the Issuer by resolution of the Governing Body, and with such omissions, insertions and variations as may be appropriate to temporary Bonds. The Issuer, at its own expense, shall prepare and execute definitive Bonds, which shall be authenticated by the Registrar. Upon the surrender of such temporary Bonds for exchange, the Registrar, without charge to the Holder thereof, shall deliver in exchange therefor definitive Bonds, of the same aggregate principal amount and Series and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Resolution. 14 All temporary Bonds surrendered in exchange for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar. SECTION 2.16. Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in its discretion, issue and deliver, and the Registrar shall authenticate, a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer and the Registrar proof of such Holder's ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer or the Registrar may prescribe and paying such expenses as the Issuer and the Registrar may incur. All Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. If any of the Bonds shall have matured or been called for redemption or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.16 shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights as to lien on the Pledged Funds to the same extent as all other Bonds issued hereunder and shall be entitled to the same benefits and security as the Bond so lost, stolen or destroyed. SECTION 2.17. Negotiabili _ty, Interchangeabili _ty and Transfer. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida, subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Registrar shall keep on behalf of the Issuer books for the registration and transfer of the Bonds. Upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or such Holder's attorney-in-fact duly authorized in writing, Bonds may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same Series and maturity of any other authorized denominations. Each Bond shall be transferable only upon the books of the Issuer, at the office of the Registrar, under such reasonable regulations as the Issuer may prescribe, by the Holder thereof in person or by such Holder's attorney-in-fact duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or such Holder's duly authorized attorney-in-fact. Upon the transfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and Series and maturity as the surrendered Bond. The Issuer, the Registrar and any Paying Agent or fiduciary of the Issuer shall deem and treat the Person in whose name any Outstanding Bond shall be registered upon the books of the Issuer as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of 15 receiving payment of, or on account of, the principal, premium, if any, and interest on such Bond and for all otherpurposes, and all such payments so made to any such Holder or upon such Holder's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid and neither the Issuer nor the Registrar nor any Paying Agent or other fiduciary of the Issuer shall be affected by any notice to the contrary. The Registrar, in any case where it is not also the Paying Agent in respect to any Series of Bonds, shall forthwith (a) following the 15th day of the calendar month next preceding an Interest Payment Date for such Series, (b) following the 15th day next preceding the date of first mailing of notice of redemption of any Bonds of such Series, and (c) at any other time as reasonably requested by the Paying Agent of such Series, certify and furnish to such Paying Agent the names, addresses and holdings of Bondholders and any other relevant information reflected in the registration books. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Issuer shall execute and the Registrar shall authenticate and deliver such Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the Mayor and the Clerk for purposes of exchanging, replacing or transferring Bonds may occur at the time of the original delivery of the Series of which such Bonds are a part. All Bonds surrendered in any such exchanges or transfers shall be cancelled by the Registrar. For every such exchange or transfer of Bonds, the Issuer or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The Issuer and the Registrar shall not be obligated to make any such exchange or transfer of any Bonds which shall have been selected for redemption or, in the case of any proposed redemption of Bonds, during the fifteen (15) days next preceding the date of selection of Bonds to be redeemed. SECTION 2.18. Form of Bonds. Except for Capital Appreciation Bonds and Variable Rate Bonds, the form of which shall be provided by Supplemental Resolution, the Bonds shall be in substantially the following form with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Mayor prior to the issuance thereof(which necessity and/or desirability and approval shall be evidenced conclusively by the Issuer's delivery of the Bonds to the purchaser or purchasers thereof): [This space intentionally blank] 16 No. R UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF BOYNTON BEACH, FLORIDA PUBLIC SERVICE TAX REVENUE BOND, SERIES __ Date of Interest Rate Maturity Date Original Issue CUSIP Registered Holder: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that the City of Boynton Beach, Florida (the "Issuer"), a municipal corporation and political subdivision created and existing under and by virtue of the laws of the State of Florida, for value received, hereby promises to pay, solely from the sources of payment hereinafter described, to the Registered Holder identified above, or registered assigns as hereinafter provided, the Principal Amount identified above on the Maturity Date identified above, subject to prior redemption as hereinafter provided, together with interest on such Principal Amount from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid, at the Interest Rate per annum (calculated on the basis of a 360-day year of twelve 30-day months) identified above on __ and of each year commencing . , __ until such Principal Amount shall have been paid or provided for. Such Principal Amount and interest and the premium, if any, on this bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. Such Principal Amount and the premium, if any, on this bond, are payable when due upon presentation and surrender hereof at the principal office of , , , as paying agent, or such other paying agent as the Issuer shall hereafter duly appoint (the "Paying Agent"). Payment of each installment of interest shall be made to the person in whose name this bond shall be registered on the regislxation books of the Issuer maintained by ...... , as registrar, or such other registrar as the Issuer shall hereafter duly appoint (the "Registrar"), at the close of business on the date which shall be the ! 5th day (whether or not a Business Day) of the calendar month next preceding each interest payment date and shall be paid by a check or draft of the Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, in the case of a Holder of at least $500,000 principal amount of Bonds (or of all Bonds if less than $500,000 shall be unpaid), and at the written request and expense of such Registered Holder, by bank wire transfer for the account of such Holder. In the event interest payable on this bond is not punctually paid or duly provided for by the Issuer on such interest payment date, payment of each installment of such defaulted interest shall be made to the person in whose name this bond shall be registered at the close 17 of business on a special record date for the payment of such defaulted interest as established by notice sent by the Issuer to such Registered Holder not less than ten (10) days preceding such special record date. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PROVISION S SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH IN THIS PLACE. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been manually signed by the Registrar. IN WITNESS WHEREOF, the City of Boynton Beach, Florida, has issued this bond and has caused the same to be executed by the manual or facsimile signature of its Mayor and attested and countersigned by the manual or facsimile signature of its Clerk and its official seal or a facsimile thereof to be affixed or reproduced hereon, all as of the __ day of__, 20_ CITY OF BOYNTON BEACH, FLORIDA (SEAL) ' By. Mayor ATTESTED AND COUNTERSIGNED: Clerk 18 CERTIFICATE OF AUTHENTICATION This bond is one of the Bonds of the issue described in the within-mentioned Resolution. DATE OF AUTHENTICATION: Registrar By: Authorized Officer (Provisions on Reverse Side of Bond) This bond is one of an authorized issue of bonds of the Issuer in the aggregate principal amount of $ (the "Bonds") of like date, tenor and effect, except as to maturity date, interest rate, denomination and number, issued under the authority of and in full compliance with the Constitution and laws of the State of Florida, particularly Chapter 166, Part II, Florida Statutes, Article VIII, Section 2 of the Constitution of the State of Florida, the Charter of the Issuer, and other applicable provisions of law (the "Act"), and a resolution duly adopted by the City Commission of the Issuer on ._ ,2004, as amended and supplemented (the "Resolution"), and is subject to all the terms and conditions of the Resolution. The principal of, a premium, if any, and interest on this bond are payable solely from and secured by a pledge of the Pledged Funds, as defined in and in the manner and to the extent described in the Resolution. It is expressly agreed by the registered Holder of this bond that the full faith and credit of the Issuer is not pledged to the payment of the principal of, premium, if any, of and interest on this bond and that the registered Holder shall never have the fight to require or compel the exercise of the ad valorem taxing power of the Issuer to the payment of such principal and interest. This bond and the obligation evidenced hereby shall not constitute a lien upon any property of the Issuer, except the Pledged Funds, and shall be payable solely from the Pledged Funds in accordance with the terms of the Resolution. 19 (INSERT REDEMPTION PROVISIONS) Notice of redemption, unless waived, is to be given by the Registrar by mailing an official redemption notice by first class mail, postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to the registered holders of the Bonds to be redeemed at such holders' addresses shown on the registration books maintained by the Registrar or at such other addresses as shall be furnished in writing by such registered holders to the Registrar; provided, however, that no defect in any such notice to any registered holder of Bonds to be redeemed nor failure to give such notice to any such registered holder shall in any manner defeat the effectiveness of a call for redemption as to all other registered holders of Bonds to be redeemed. Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Any notice of redemption prepared and mailed as provided in the Resolution shall be conclusively presumed to have been duly given, whether or not the registered Holder receives the notice. This bond is transferable in accordance with the terms of the Resolution only upon the books of the Issuer kept for that purpose at the office of the Registrar upon the surrender of this bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the Registered Holder or such Holder's attomey duly authorized in writing, and thereupon a new bond or bonds in the same aggregate principal amount shall be issued to the transferee in exchange therefor, and upon the payment of the charges, if any, prescribed in the Resolution. The Issuer, the Registrar and any Paying Agent shall treat the Registered Holder of this bond as the absolute owner hereof for all purposes, whether or not this bond shall be overdue, and shall not be affected by any notice to the contrary. The Issuer and the Registrar shall not be obligated to make any exchange or transfer of Bonds during the fifteen (I 5) days next preceding the date of selection of Bonds to be redeemed, or to make any exchange or transfer of Bonds selected for redemption. It is hereby certified and recited that all acts, conditions and prerequisites required to exist, to happen and to be performed precedent to and in connection with the issuance of this bond, exist, have happened and have been performed, in regular and due form and time as required by the Constitution and laws of the State of Florida applicable thereto, and that the issuance of the Bonds does not violate any constitutional or statutory limitations or provisions. 20 LEGAL OPINION [Insert appropriate approving opinion of bond counsel.] The following abbreviations, when used in the inscription on the face of the within bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- (Cust.) Custodian for under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. 21 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Insert Social Security or Other Identifying Number of Assignee (Name and Address of Assignee) the within bond and does hereby irrevocably constitute and appoint , as attorneys to register the transfer of the said bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the STAMP, SEMP or MSP signature guaranty medallion program. NOTICE: The signature to this assignment must correspond with the name of the Registered Holder as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever and the Social Security or other identifying number of such assignee must be supplied. [End of Article II] 22 ARTICLE III REDEMPTION OF BONDS SECTION 3.01. Privilege of Redemption. Any Series of Bonds may be subject to redemption prior to maturity in the manner and on such date or dates as specified hereby or by a Supplemental Resolution adopted prior to the issuance of such Series of Bonds. The terms of this Article Ill shall apply to the redemption of Bonds to the extent not modified as to such Bonds by Supplemental Resolution. SECTION 3.02. Selection of Bonds to be Redeemed. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. For purposes of any optional redemption of less than all of the Outstanding Bonds of a Series, the amounts of the particular maturity or maturities to be redeemed shall be selected by the Issuer. For purposes of any redemption of less than ali of the Outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by the Registrar by such method as the Registrar shall deem fair and appropriate and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral multiples thereof. If less than all of the Outstanding Bonds of a single maturity are to be redeemed, the Registrar shall promptly notify the Issuer and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. SECTION 3.03. Notice of Redemption. Unless waived by any Holder of Bonds to be redeemed, notice of any redemption of Bonds shall be given by the Registrar on behalf of the Issuer by mailing a copy of an official redemption notice by first class mail, postage prepaid, at least thirty (30) days and not more than sixty (60) days prior to the date fixed for redemption to each Holder of Bonds to be redeemed at the address of such Holder shown on the registration books maintained by the Registrar. Every official notice of redemption shall be filed by the Registrar with the Paying Agent and shall be dated and shall state: (1) the redemption date, (2) the redemption price, (3) if less than all outstanding Bonds for a maturity are to be redeemed, the number (and, in the case of a partial redemption of any Bond, the principal amount) of each Bond of such maturity to be redeemed, (4) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and 23 (5) that such Bonds to be redeemed, whether as a whole or in part, are to be surrendered for payment of the redemption price plus accrued interest at the office of the Paying Agent. A notice of redemption may be conditioned upon the availability of funds to pay the redemption price of the Bonds to be redeemed on the redemption date, and in such event, the notice of redemption shall expressly state that it is subject to such condition. In the event that a conditional notice of redemption is given and in the event that funds are not available to pay the redemption price of the Bonds so called for redemption, such Bonds shall continue to be Outstanding as if such notice had not been given. Provided, however, that in such event the Registrar shall on behalf of the Issuer mail a notice to the Holders of the Bonds subject to such conditional notice stating that the condition to the call was not satisfied and that the Bonds shall remain outstanding. Prior to any redemption date, the Issuer shall deposit with the Paying Agent an amount of money sufficient to pay the principal, premium, if any, and interest on all the Bonds or portions of Bonds which are to be redeemed on that date. The failure to give any notice of redemption, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Bond with respect to which no such failure or defect has occurred. Any notice prepared and mailed as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. SECTION 3.04. Redemption of Portions of Bonds. Any Bond which is to be redeemed only in part shall be surrendered at any place of payment specified in the notice of redemption (with due endorsement by, or written instrument of transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or such Holder's attorney-in-fact duly authorized in writing) and the Issuer shall execute and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bonds so surrendered. SECTION 3.05. Payment of Redeemed Bonds. Official notice of redemption having been given substantially as aforesaid, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate redemption price, plus accrued interest. Each check or other transfer of funds issued by the Registrar and/or Paying Agent for the purpose of the payment of the redemption price of Bonds being redeemed shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. [End of Article Ill] 24 ARTICLE 1V SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. Bonds Not to be Indebtedness of Issuer. The Bonds shall not be or constitute general obligations or indebtedness of the Issuer within the meaning of any constitutional or statutory provision, but shall be special obligations of the Issuer, payable solely from and secured by a pledge of the Pledged Funds in accordance with the terms of this Resolution. The Issuer may cause any Series of Bonds to be payable from and secured by a Credit Facility or a Bond Insurance Policy not applicable to any one or more other Series of Bonds. The Issuer may, as further provided herein, cause one or more Series of Bonds to be payable from one or more subaccounts in the Reserve Fund, or to not be secured by any subaccount in the Reserve Fund. No Holder of any Bond or any Credit Bank or any Insurer shall ever have the right to compel the exercise of the ad valorem taxing power of the Issuer to pay such Bond or be entitled to payment of such Bond from any moneys of the Issuer except the Pledged Funds, in the manner provided herein. SECTION 4.02. Security for Bonds. The payment of the principal of and interest on the Bonds shall be secured forthwith equally and ratably by a pledge of the Pledged Funds; provided, however, a Series of Bonds may be further secured by a Credit Facility or any Bond Insurance Policy not applicable to any one or more other Series of Bonds, as shall be provided by Supplemental Resolution, in addition to the security provided herein. The Issuer does hereby irrevocably pledge the Pledged Funds in the manner provided in this Resolution to the payment of the principal of, premium, if any, and interest on the Bonds. Provided that if the Issuer is not in default in the performance of its obligations hereunder, the Issuer may use any Public Service Tax Revenues or Discretionary Communication Services Tax Revenues in excess of the amount necessary to be used to satisfy the Issuer's obligations hereunder for any lawful purpose of the Issuer. SECTION 4.03. Funds and Accounts. The Issuer covenants and agrees to establish with one or more Authorized Depositories the following separate funds: (1) "Construction Fund" (the "Construction Fund"), (2) "Debt Service Fund" (the "Debt Service Fund"), and (3) "Reserve Fund" (the "Reserve Fund"), and therein, a "2004 Subaccount" which shall jointly secure all Series of Bonds, unless under the provisions of the Supplemental Resolution(s) authorizing one or more Series of Bonds, such Series of Bonds is or are not to be secured by a subaccount in the Reserve Fund or is or are to be separately secured by a separate subaccount in the Reserve Fund, in which case a separate subaccount in the Reserve Fund may secure only such Series of Bonds. The Issuer shall at any time and from time to time appoint one or more Authorized Depositaries to hold, for the benefit of the Issuer and/or the Bondholders, any one or more of the funds and accounts established hereby. Such depositary or depositaries shall perform at the direction of the Issuer the duties of the Issuer in depositing, transferring and disbursing moneys to and from 25 each of such funds and accounts as herein set forth, and all records of such depositary in performing such duties shall be open at all reasonable times to inspection by the Issuer and its agents and employees. SECTION 4.04. Construction Fund. The Issuer shall establish within the Construction Fund a separate account for each Series of Bonds the proceeds of which are to be deposited in whole or in part in the Construction Fund. Moneys in each account of the Construction Fund, until applied in payment of any item of the Cost of a Project, shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders of the Series of Bonds the proceeds of which were deposited in such account and held for the further security of such Holders. There shall be paid into the Construction Fund the amounts required to be so paid by the provisions of this Resolution or Supplemental Resolution, and there may be paid into the Construction Fund, at the option of the Issuer, any moneys received for or in connection with a Project by the Issuer from any other source. The Issuer maymake disbursements or payments from the Construction Fund to pay the Cost of a Project. Promptly after the date of the completion of a Project, and after paying or making provisions for the payment of all unpaid items of the Cost of such Project, the Issuer shall deposit in the following order of priority any balance of moneys remaining in the applicable account of the Construction Fund in (1) another account of the Construction Fund established in connection with another Series of Bonds for which the Authorized Issuer Officer has stated that there are insufficient moneys present to pay the Cost of the related Project, (2) one or more subaccounts in the Reserve Fund, to the extent of a deficiency therein, and (3) (i) the Debt Service Fund or (ii) such other fund or account of the Issuer, including those established hereunder, as shall be determined by the Governing Body, provided the Issuer has received an opinion of Bond Counsel to the effect that such transfer to such other fund or account shall not adversely affect the exclusion, if any, of interest on the Bonds from gross income for federal income tax purposes. SECTION 4.05. Debt Service Fund; Reserve Fund. (A) Subject to Sections 4.01 and 4.02 hereof, the Issuer shall deposit into or credit to the Debt Service Fund amounts sufficient to provide for the payment of principal and interest due on the Bonds as the same shall become due and payable. Moneys in the Debt Service Fund shall be applied by the Issuer to pay the principal of and interest on the Bonds as and when the same shall become due and payable, or to reimburse a Credit Bank for amounts drawn for such purpose, and for no other purpose. Subject to Sections 4.01 and 4.02 hereof, the Issuer shall adjust the amount on deposit in the Debt Service Fund no later than the fifth (5th) day preceding any Interest Payment Date or principal payment date so as to provide sufficient moneys in the Debt Service Fund to pay the debt service on the Bonds becoming due on such Interest Payment Date or principal payment date. (B) If for any reason there shall be a deficiency in any subaccount of the Reserve Fund, subject to Section 4.01, 4.02 and 4.05(A) hereof, the Issuer shall deposit into or credit to each subaccount of the Reserve Fund such sum, if any, as will be sufficient to restore in not more than 12 months the funds on deposit therein to an amount equal to the Reserve Fund Requirement therefor, including the reinstatement of any Reserve Fund Insurance Policy or Reserve Fund Letter of Credit on deposit therein or the cash replacement thereof. In the event the amounts available for such 26 purpose shall be insufficient to make all payments required by the preceding sentence, the available amount shall be prorated among the various subaccounts in the Reserve Fund in the same proportion that the Reserve Fund Requirement for each subaccount bears to the total Reserve Fund Requirement for all such subaccounts. On or prior to each principal payment date and Interest Payment Date for the Bonds, moneys in each subaccount of the Reserve Fund shall be applied by the Issuer to the payment of the principal of and interest on the Series of Bonds to which such subaccount relates to the extent moneys in the Debt Service Fund shall be insufficient for such purpose. Whenever upon valuation (see Section 4.07) of any subaccount of the Reserve Fund there shall be moneys in any subaccount of the Reserve Fund in excess of the Reserve Fund Requirement therefor, such excess moneys shall be deposited by the Issuer into the Debt Service Fund. Upon the issuance of any Series of Bonds, under the terms, limitations and conditions as herein provided, the Issuer shall provide for the funding of a subaccount in the Reserve Fund in an amount equal to the Reserve Fund Requirement, if any, for such Series. Whenever moneys on deposit in a subaccount of the Reserve Fund, together with the available amounts in the Debt Service Fund, are sufficient to fully pay all Outstanding Bonds (including principal and interest thereon) of the Series secured by such subaccount in accordance with their terms, the funds on deposit in such subaccount may be applied to the payment of such Series of Bonds. Notwithstanding the foregoing provisions, with the written consent of each Insurer, if any, of the Series of Bonds secured thereby, in lieu of the required deposits into a subaccount of the Reserve Fund, and/or in substitution for money on deposit in a subaccount of the Reserve Fund, the Issuer may, at its sole option and discretion, cause to be deposited a Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit in an amount equal to the difference between the Reserve Fund Requirement applicable thereto and the sums then on deposit in such subaccount of the Reserve Fund, if any, and, in the case of a substitution of a Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit for money on deposit in such subaccount of the Reserve Fund, the Issuer may withdraw money from such subaccount of the Reserve Fund in excess of the Reserve Fund Requirement and may use such money for any lawful purpose provided the Issuer first obtains an opinion of Bond Counsel that such use is permitted and will not, in and of itself, adversely affect the exclusion from gross income of interest on any Bonds other than any Taxable Bonds. Such Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit shall be payable to the Paying Agent for such Series (upon the giving of notice as required thereunder) on any interest payment or redemption date on which a deficiency exists which cannot be cured by funds in any other fund or account held pursuant to this Resolution and available for such purpose. If five (5) days prior to an Interest Payment Date or principal payment date, the Issuer shall determine that a deficiency exists in the amount of moneys available to pay in accordance with the terms hereof interest and/or principal due on Bonds on such date, the Issuer shall immediately notify (a) the issuer of the applicable Reserve Fund Insurance Policy and/or the issuer of the Reserve Fund Letter of Credit, and Co) the Insurer, if any, of the amount of such deficiency and the date on which such payment is due, and shall take all action to cause such issuer or Insurer to provide moneys sufficient to pay all amounts due on such interest payment or redemption date. 27 Ifa disbursement is made from a Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit provided pursuant to this Section 4.05(B), the Issuer shall reinstate the maximum limits of such Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit following such disbursement from moneys becoming available in the applicable subaccount of the Reserve Fund, by depositing funds in the amount of the disbursement made under such instrument with the issuer thereof. In addition, after the amount on deposit in the applicable subaccount of the Reserve Fund equals the Reserve Fund Requirement therefor, the Issuer shall reimburse the issuer of the Reserve Fund Insurance Policy and/or the issuer of the Reserve Fund Letter of Credit for interest and all reasonable expenses incurred by such issuer in connection with the draw on such Reserve Fund Insurance Policy or the Reserve Fund Letter of Credit, as the case may be, if the Issuer is so obligated under the terms of the Reserve Fund Insurance Policy, or Reserve Fund Letter of Credit. The Issuer may evidence its obligation to reimburse the issuer of any Reserve Fund Letter of Credit or Reserve Fund Insurance Policy by executing and delivering to such issuer a promissory note or other written evidence thereof, provided, however, any such note or written evidence (a) shall not be a general obligation of the Issuer the payment of which is secured by the full faith and credit or taxing power of the Issuer, and (b) shall be payable solely from moneys available in the applicable subaccount of the Reserve Fund in accordance with the provisions of this Section 4.05(B). SECTION 4.06. Rebate Fund. There is hereby ordered established with an authorized depository a fund to be known as the "Rebate Fund" and therein an account to be known as the "Series 2004 Account." If so provided by Supplemental Resolution with respect to any Series of Bonds, the Issuer may establish a separate account in the Rebate Fund. Amounts on deposit in any account the Rebate Fund shall be held in Imst by the Issuer and used solely to make required payments to the United States Treasury (except to the extent the same may be transferred to the Debt Service Fund) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. The Issuer agrees to undertake all actions required of it pursuant to Section 5.15 hereof, including, but not limited to: (1) making a determination in accordance with the Code of the amount necessary to be deposited in the Rebate Fund; (2) depositing into the Rebate Fund from Pledged Funds or from other moneys of the Issuer legally available for such purpose the amount determined in clause (1) above; (3) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (4) keeping such records of the determinations made pursuant to this Section 4.06 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds of the Series of which such accounts were created. If at any time the Issuer shall determine that the amount on deposit in the Rebate Fund exceeds the amount necessary to be on deposit therein to satisfy the foregoing covenants of the 28 Issuer, the Issuer may use all or a portion of the amount on deposit in the Rebate Fund for any lawful purpose of the Issuer. SECTION 4.07. Investments. All funds and accounts hereunder shall be continuously secured in the manner bywhich the deposit of public funds are authorized and required to be secured by the laws of the State. Moneys on deposit in the Reserve Fund, Construction Fund, the Rebate Fund and the Debt Service Fund may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed. Any and all income received by the Issuer from the investment of moneys in the funds and accounts established pursuant to this Resolution shall be retained in such respective fund or account unless otherwise required by applicable law, provided that income received by the Issuer from the investment of moneys in any subaccount of the Reserve Fund to the extent the amount therein is greater than the Reserve Fund Requirement shall be deposited in the Debt Service Fund. Nothing contained in this Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book-entry form on the books of the Department of the Treasury of the United States. All investments shall be valued at their fair market values. Amounts in the Reserve Fund shall be valued on each Interest Payment Date after the payments due on the Bonds on such date shall have been made. SECTION 4.08. Separate Accounts. The moneys required to be accounted for in each of the foregoing funds and accounts established herein may be deposited in a single bank account, and funds allocated to the various funds and accounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds and accounts as herein provided. The designation and establishment of the various funds and accounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self- balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. [End of Article IV] 29 ARTICLE V SUBORDINATED INDEBTEDNESS ADDITIONAL BONDS, AND COVENANTS OF ISSUER SECTION 5.01. Subordinated Indebtedness. The Issuer will not issue any other obligations, except under the conditions and in the manner provided herein, payable from the Pledged Funds or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of the Bonds and the interest thereon. The Issuer may at any time or from time to time issue evidences of indebtedness that are not Additional Bonds and that are payable in whole or in part out of the Pledged Funds and which maybe secured by a pledge of the Pledged Funds; provided, however, that such pledge shall be, and shall be expressed to be, subordinated in all respects to the pledge of the Pledged Funds created by this Resolution. The Issuer shall have the right to covenant with the holders from time to time of any Subordinated Indebtedness to add to the conditions, limitations and restrictions under which any Additional Bonds may be issued pursuant to Section 5.02 hereof. SECTION 5.02. Issuance of Additional Bonds. No Additional Bonds, payable from the Pledged Funds on a parity with the Bonds then Outstanding pursuant to this Resolution, shall be issued except upon the conditions and in the manner herein provided. The Issuer may issue one or more Series of Additional Bonds for any purpose permitted by law. No Additional Bonds shall be issued or incurred unless the following conditions are complied with: (A) The Issuer shall certify that it is current in all deposits into the various funds and accounts established hereby and all payments theretofore required to have been deposited or made by it under the provisions of this Resolution and has complied with the covenants and agreements of this Resolution. (B) The Issuer shall certify that the amount of Public Service Tax Revenues and Discretionary Communication Services Tax Revenues adjusted as provided in Section 5.02(E) hereof for the immediately preceding Fiscal Year or any twelve (12) consecutive months selected by the Issuer of the eighteen (18) months immediately preceding the issuance of such Additional Bonds, as the case may be, equals at least 1.25 times the Maximum Debt Service Requirement for all Outstanding Bonds and such Additional Bonds then proposed to be issued, and that no Event of Default was disclosed in the report of the most recent Annual Audit, or if an Event of Default was so disclosed, that it shall have been cured. (C) In computing the Maximum Debt Service Requirement for purposes of this Section 5.02, the interest rate on outstanding Variable Rate Bonds, and on any additional parity Variable Rate Bonds then proposed to be issued, shall be deemed to be the lesser of the Maximum Interest Rate applicable thereto and the average of The Bond Buyer 20 Revenue Bond Index for a period of 52 consecutive weeks selected by the Issuer ending not more than sixty days prior to the date of issuance of such Variable Rate Bonds. In addition, in connection with the issuance of any Variable 30 Rate Bonds, at the time of issuance of such Variable Rate Bonds, the Maximum Interest Rate applicable thereto shall be established. (D) For the purposes of this Section 5.02, the phrase "immediately preceding Fiscal Year or any twelve (12) consecutive months selected by the Issuer of the eighteen (18) months immediately preceding the issuance of such Additional Bonds" shall be sometimes referred to as "twelve consecutive months." (E) If the Issuer, prior to the issuance of the proposed Additional Bonds but not prior to the beginning of such twelve consecutive months, shall have increased the rate at which the Public Service Tax and/or Discretionary Communication Services Tax shall be imposed, shall have expanded the geographic boundaries of the Issuer or shall have expanded the scope of purchases subject to the tax, the Public Service Tax Revenues and Discretionary Communication Services Tax, as applicable, for the twelve consecutive months shall be adjusted to show the Public Service Tax Revenues and Discretionary Communication Services Tax which would have been derived in such twelve consecutive months if such increased rate, expanded boundary or expanded scope had been in effect during all of such twelve consecutive months. (F) Except as otherwise provided herein, Additional Bonds shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and all of the other covenants and other provisions of this Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and security of the Holders of all Bonds issued pursuant to this Resolution; provided, however, any Supplemental Resolution authorizing the issuance of Additional Bonds may provide that any of the covenants herein contained will not be applicable to such Additional Bonds, provided that such provision shall not, in the opinion of Bond Counsel, adversely affect the rights of any Bonds which shall then be Outstanding. Except as expresslyprovided herein or in a Supplemental Resolution, all Bonds, regardless of the time or times of their issuance, shall rank equally with respect to their lien on the Pledged Funds and their sources and security for payment therefrom without preference of any Bonds over any other; provided, however, that the Issuer shall include a provision in any Supplemental Resolution authorizing the issuance of Variable Rate Bonds pursuant to this Section 5.02 that in the event the principal thereof is accelerated due to such Bonds being held by the issuer of a Credit Facility, the lien of such Bonds on the Pledged Funds shall be subordinate in all respects to the pledge of the Pledged Funds created by this Resolution. (G) In the event any Additional Bonds are issued in whole or in part for the purpose of refunding any Bonds then Outstanding, the conditions of Section 5.02(B) shall not apply, provided that the issuance of such Additional Bonds shall not result in an increase in the aggregate amount of principal of and interest on the Outstanding Bonds becoming due in the current Fiscal Year or any subsequent Fiscal Years. The conditions of Section 5.02(B) hereof shall apply to Additional Bonds issued to refund Subordinated Indebtedness and to Additional Bonds issued for refunding purposes which cannot meet the conditions of this paragraph. SECTION 5.03. Bond Anticipation Notes. The Issuer may issue notes in anticipation of the issuance of Bonds which shall have such terms and details and be secured in such manner, not inconsistent with this Resolution, as shall be provided by resolution of the Issuer. 31 SECTION 5.04. Accession of Subordinated Indebtedness to Parity Status with Bonds. The Issuer may provide for the accession of Subordinated Indebtedness to the status of complete parity with the Bonds, if the Issuer shall meet all the requirements imposed upon the issuance of Additional Bonds by Section 5.02 hereof, assuming, for purposes of said requirements, that such Subordinated Indebtedness shall be Additional Bonds. If the aforementioned conditions are satisfied, the Subordinated Indebtedness shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and such Subordinated Indebtedness shall be considered Bonds for all purposes provided in this Resolution. SECTION 5.05. Annual Budget. The Issuer shall annually prepare and adopt an Annual Budget in accordance with applicable law. The Issuer shall mail copies of such Annual Budgets and amended Annual Budgets to any Holder who shall file an address with the Clerk and request in writing that copies of all such Annual Budgets be furnished to such Holder. The Issuer shall be permitted to make a reasonable charge for furnishing to any Holder such Annual Budgets. SECTION 5.06. Public Service Tax and Discretionary_ Communication Services Tax. The Issuer covenants to continue to impose the Public Service Tax and Discretionary Communication Services Tax while any of the Bonds shall be outstanding and that it will not take any action or fail to take any action that might result in a suspension or termination of the receipt of the Public Service Tax Revenues or Discretionary Communication Services Tax; that it will take all appropriate action to keep and maintain the Public Service Tax Revenues and Discretionary Communication Services Tax Revenues at levels sufficient to enable it to perform its obligations hereunder and, to the extent necessary, to levy and impose a Public Service Tax and Discretionary Communication Services Tax at a rate, up to the maximum lawful rate, on all or such purchases as shall be permitted by law, in order to enable the Issuer to fulfill its obligations hereunder. SECTION 5.07. Books and Records. The Issuer will keep books, records and accounts of the receipt of the Pledged Funds in accordance with generally accepted accounting principles, and any Credit Bank, Insurer, or Holder of any Bonds Outstanding or the duly authorized representatives thereof shall have the right at all reasonable times to inspect all books, records and accounts of the Issuer relating thereto. The Issuer covenants that within one year after the close of each Fiscal Year it will cause to be prepared and flied with the Clerk and mailed to all Credit Banks, Insurers and Holders who shall have filed their names and addresses with the Clerk for such purpose a statement setting forth in respect of the preceding Fiscal Year: (A) the amount of the Pledged Funds received in the preceding Fiscal Year; (B) the total amounts deposited to the credit of each fund and account created under the provisions of this Resolution; (C) the principal amount of all Bonds issued, paid, purchased or redeemed; and (D) the mounts on deposit at the end of such Fiscal Year to the credit of each such fund or account. SECTION 5.08. Annual Audit. The Issuer shall, within one year after the close of each Fiscal Year, cause the financial statements of the Issuer to be properly audited by a recognized independent firm ofcertifiedpublic accountants, and shall require such accountants to complete their report of such Annual Audit in accordance with applicable law. A copy of each Annual Audit shall regularly be furnished to any Credit Bank, to any Insurer and to any Holder who shall have furnished 32 an address to the Clerk and requested in writing that the same be fumished to such Holder. The Issuer shall be permitted to make a reasonable charge for furnishing to any Holder such Annual Audit. SECTION 5.09. No Impairment. The pledging of the Pledged Funds in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution or other proceedings of the Governing Body. This provision shall not, however, be deemed to prohibit the reduction or revision of the Public Service Tax and/or Discretionary Communication Services Tax if such reduction or revision will not result in a violation of Section 5.06 hereof. SECTION 5.10. Special Covenants Relating to Reserve Fund Insurance Policy or Reserve Fund Letter of Credit. (A) The Issuer shall annually submit to the issuer of the Reserve Fund Insurance Policy and/or the Reserve Fnnd Letter of Credit, records of withdrawals on such Reserve Fund Insurance Policy or such Reserve Fund Letter of Credit, as the case may be, received by the Paying Agent and remaining unreimbursed, the respective dates of such withdrawals, the interest accrued on such withdrawals and the aggregate amount of interest due by the Issuer to the issuer of such Reserve Fund Insurance Policy or such Reserve Fund Letter of Credit, as the case may be. (B) The Issuer hereby acknowledges that the issuer of the Reserve Fund Insurance Policy and/or the Reserve Fund Letter of Credit shall be deemed a third-party beneficiary of this Resolution, but not on a parity with the Bondholders, for the purpose of enforcing the terms, conditions and obligations of the Resolution which benefit the issuer of such Reserve Fund Insurance Policy or such Reserve Fund Letter of Credit, as the case may be. SECTION 5.11. Covenants with Credit Banks and Insurers. The Issuer may make such covenants as it may in its sole discretion, determine to be appropriate with any Insurer, Credit Bank or other financial institution that shall agree to insure or to provide for Bonds of any one or more Series credit or liquidity support that shall enhance the security or the value of such Bonds. Such covenants may be set forth in the applicable Supplemental Resolution and shall be binding on the Issuer, the Registrar, the Paying Agent and all the Holders of Bonds the same as if such covenants were set forth in full in this Resolution. SECTION 5.12. Federal Income Tax Covenants; Taxable Bonds. (A) The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds), that it shall not use the proceeds of such Series of Bonds in any manner which would cause the interest on such Series of Bonds to be or become includable in the gross income of the Holder thereof for federal income tax purposes. (B) The Issuer covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that neither the Issuer nor any Person under its control or direction will knowingly make any use of the proceeds of such Series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such Series of Bonds to be arbitrage bonds within the meaning of 33 Section 148 of the Code, and neither the Issuer nor any such other Person shall knowingly do any act or fail to do any act which would cause the interest on such Series of Bonds to become includable in the gross income of the Holder thereof for federal income tax purposes. Specifically, without intending to limit in any way the generality of the foregoing, the Issuer covenants and agrees: (1) to pay to the United States of America from amounts in the Rebate Fund and from any other legally available funds, at the times required pursuant to Section 148(f) of the Code, the excess of the amount eamed on all non-purpose investments (as defined in Section 148(0(6) of the Code) (other than investments attributed to an excess described in this sentence) over the amount which would have been earned if such non-purpose investments were invested at a rate equal to the yield on the Bonds, plus any income attributable to such excess (the "Rebate Amount"); (2) to maintain and retain all records pertaining to and to be responsible for making or causing to be made all determinations and calculations of the Rebate Amount and required payments of the Rebate Amount as shall be necessary to comply with the Code; (3) to refrain from using proceeds from the Bonds in a manner that would cause the Bonds or any of them, to be classified as private activity bonds under Section 141 (a) of the Code; and (4) to take any action that would prevent, and to refrain from taking any action that would cause, the Bonds, or any of them, to become arbitrage bonds under Section 103(b) and Section 148 of the Code. The Issuer understands that the foregoing covenants impose continuing obligations on the Issuer to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of the Code so long as such requirements are applicable. Unless otherwise specified in a Supplemental Resolution, the Issuer shall designate a certified public accountant, Bond Counsel, or other professional consultant having the skill and expertise necessary (the "Rebate Analyst") to make any and all calculations required pursuant to this Section regarding the Rebate Amount. Such calculation shall be made in the manner and at such times as specified in the Code. The Issuer shall engage and shall be responsible for paying the fees and expenses of the Rebate Analyst. (C) The Issuer may, if it so elects, issue one or more Series of Taxable Bonds the interest on which is includible in the gross income of the Holder thereof for federal income taxation purposes, so long as each Bond of such Series states in the body thereof that interest payable thereon is subject to federal income taxation and provided that the issuance thereof will not cause the interest on any other Bonds theretofore issued hereunder to be or become includable in the gross income of the Holder thereof for federal income tax purposes. The covenants set forth in subsections (A) and 03) of this Section 5.12 shall not apply to any Taxable Bonds. SECTION 5.13. Nonpresentment of Bonds; Disposition of Unclaimed Money. In the event any Bond shall not be presented for payment when the principal thereof becomes due, either 34 at maturity, or otherwise, if funds sufficient to pay any such Bond shall have been made available to any Paying Agent for the benefit of the Holder thereof, all liability of the Issuer to the Holder thereof for the payment of such Bond shall forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of such Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the Holder of such Bond, who shall thereafter be restricted exclusively to such fimds for any claim of whatever nature on the part of such Holder under this Resolution or on, or with respect to, such Bond. Any moneys so deposited with and held by such Paying Agent for the payment of Bonds not so claimed within seven years after the date the payment of such Bonds shall have become due, whether at maturity or otherwise, shall be presumed abandoned and shall be returned to the Issuer, and the Issuer shall comply with the provisions of Chapter 717, Florida Statutes, or any successor thereof, in respect of such moneys. SECTION 5.14. Enforcement of Public Service Tax and Discretionary Communication Services Tax. The Issuer shall compel the prompt payment of the Public Service Tax and Discretionary Communication Services Tax and will vigorously enforce all of the provisions of any ordinance or resolution of the Issuer relating to the Public Service Tax and Discretionary Communication Services Tax. SECTION 5.15. Continuing Disclosure Compliance. The Issuer hereby covenants and agrees that, so long as any of the Series 2004 Bonds remain outstanding, it will provide, in a manner consistent with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") (a) to each nationally recognized municipal securities information repository CNRMSIR") and to the appropriate depository designated by the State of Florida ("SID") if any, (i) on or before one year after each fiscal year end, financial information and operating data of the Issuer for such fiscal year of the type included in the Official Statement for the Series 2004 Bonds, including, but not necessarily limited to the operating data contained under the caption "The Public Service Tax and the Discretionary Communication Services Tax" and (ii) if not submitted as part of the annual financial information pursuant to (i), then, when and if available, audited financial statements of the Issuer prepared in accordance with generally accepted accounting principles; (b) in a timely manner, to each NRMSIR or the Municipal Securities Rulemaking Board ("MSRB"), and to the appropriate SID, if any, written notice of the occurrence of any of the following events with respect to the Series 2004 Bonds, if material: (i) principal and interest payment delinquencies; (ii) non-payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) adverse tax opinions, or events affecting the tax-exempt status of the security; (vi) modifications to rights of security holders; (vii) any call of the Series 2004 Bonds for redemption other than mandatory sinking fund redemptions of Term Bonds; (viii)defeasances; (ix)release, substitution, or sale of property securing the repayment of the securities; (x) substitution of credit or liquidity providers, or their failure to perform; (xi) rating changes; (xii) any change in the fiscal year of the Issuer, (c) in a timely manner, to each NRMSIR or the MSRB, and to the appropriate SID, if any, written notice of a failure of the Issuer to provide the financial information described in (a)(i) above, on or before the date specified above, and (d) any other information required to be disclosed to any person to whom it is required to be disclosed by the Rule. The Issuer also covenants to promptlyprovide a copy of the above information to the Paying Agent, each Insurer and the Original Purchaser of the Series 2004 Bonds. The Paying Agent shall 35 provide such information to any requesting Bondholder of the Series 2004 Bonds and anyrequesting Beneficial Owners, provided that the Paying Agent shall be entitled to charge such requesting Bondholder or Beneficial Owner an amount sufficient to reimburse the itself for costs incurred for copying and shipping such information. The foregoing covenants shall run to the benefit of the Series 2004 Bondholders and the Beneficial Owners. However, failure to meet the covenants set forth in this Section 5.15 shall not be deemed to constitute an event of default or a breach of any other covenant under this resolution or any Supplemental Resolution and the sole remedy for such a default or breach shall be as described in the next paragraph. The Bondholder of any Series 2004 Bond or any Beneficial Owner may either at law or in equity, by suit, action, mandamus or other proceeding in any court or competent jurisdiction, protect and enforce any and all rights granted or contained in this Section 5.15 and may enforce any compel the performance of all duties required hereby to be performed by the Issuer or by any officers thereof. Notwithstanding the foregoing, the enforcement of the covenants contemplated hereby shall not affect the validity or enforceability of the Series 2004 bonds. Notwithstanding any other provision of this Resolution, this Section 5.15 may be amended only as follows: (a) the amendment mayonlybe made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Issuer or the type of business conducted by the Issuer; (b) the provisions of this Section 5.15, as amended, would have complied with the requirements of Rule 15c2-12 of the Securities and Exchange Commission as in effect as of the date of issuance of the Series 2004 Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the amendment does not materiallyimpair the interest of the Series 2004 Bondholders and/or Beneficial Owners as determined by an opinion of Bond Counsel delivered to the Issuer, or by approving vote of the Beneficial Owners of the Series 2004 Bonds at the time of the amendment. In the event of any amendment hereto, the annual financial information provided subsequent to such amendment shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided by the Issuer. If the amendment affects the accounting principles to be followed in preparing financial statements of the Issuer, the annual financial information for the year in which the change is made must present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison must include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the Issuer to meet its obligations. To the extent reasonably feasible, the comparison should also be quantitative. A notice of the change in the accounting principles must be sent to each NRMSIR or the MSRB and the appropriate SID, if any. [End of Article V] 36 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. Events of Default. The following events shall each constitute an Event of Default hereunder: (A) Default shall be made in the payment of the principal of or interest on any Bond when due. (B) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. (C) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the part of the Issuer to be performed, other than Section 5.15 hereof, and such default shall continue for a period of thirty (30) days after written notice of such default shall have been received from any Insurer or the Holders of not less than twenty-five percent (25%) of the aggregate principal amount of Bonds Outstanding or any Credit Bank. Notwithstanding the foregoing, the Issuer shall not be deemed in default hereunder if such default cannot be cured within such thirty (30) days, but can be cured within a reasonable period of time, if the Issuer in good faith institutes curative action and diligently pursues such action until the default has been corrected. SECTION 6.02. Remedies. Any Holder of Bonds issued under the provisions of this Resolution or any trustee or receiver acting for such Bondholders may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all fights under the laws of the State, or granted and contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the Issuer or by any officer thereof. This paragraph shall not be deemed to be a waiver by the Issuer of its venue rights. Subject to Section 6.07 hereof, upon the occurrence of an Event of Default, the Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding mayby written notice to the Issuer declare the principal of the Bonds to be immediately due and payable, whereupon that portion of the principal of the Bonds thereby coming due and the interest thereon accrued to the date of payment shall, without further action, become and be immediately due and payable. The Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding may bya duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with authority to represent such Bondholders in any legal 37 proceedings for the enforcement and protection of the rights of such Bondholders and such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the office of the Clerk. Notice of such appointment, together with evidence of the requisite signatures of the Holders of not less than a majority in aggregate principal amount of Bonds Outstanding and the trust instrument under which the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and notice of appointment shall be given to all Holders of Bonds in the same manner as notices of redemption are given hereunder. The Holders of not less than a majority in aggregate principal amount of all the Bonds then Outstanding may remove the trustee initially appointed and appoint a successor and subsequent successors at any time. SECTION 6.03. Directions to Trustee as to Remedial Proceedings. The Holders of a majority in principal amount of the Bonds then Outstanding (or any Insurer insuring, or any Credit Bank providing a Credit Facility for, any then Outstanding Bonds) have the right, by an instrument or concurrent instruments in writing executed and delivered to any trustee appointed pursuant to Section 6.02 hereof, to direct the method and place of conducting all remedial proceedings to be taken by any trustee hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions hereof, and that such trustee shall have the right to decline to follow any such direction which in the opinion of such trustee would be unjustly prejudicial to Holders of Bonds not parties to such direction. SECTION 6.04. Remedies Cumulative. No remedy herein conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 6.05. Waiver of Default. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by Section 6.02 of this Resolution to the Bondholders may be exerdsed from time to time, and as often as may be deemed expedient. SECTION 6.06. Application of Moneys After Default. If an Event of Default described in Section 6.01(A) or (B) shall happen and shall not have been remedied, the Issuer or a court-appointed trustee or receiver shall apply all Pledged Funds as follows and in the following order: (A) To the payment of the reasonable and proper charges, expenses and liabilities of the trustee or receiver, Registrar and Paying Agent (if not the Issuer) hereunder; and (B) To the payment of the principal of, premium, if any, and interest then due on the Bonds, as follows: (1) Unless the principal of all the Bonds shall have become due and payable, all such moneys shall be applied: 38 FIRST: to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; SECOND: to the payment to the Persons entitled thereto of the unpaid principal of any of the Bonds which shall have become due at maturity or upon mandatory redemption prior to maturity (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of Section 8.01 of this Resolution), in the order of their due dates, with interest upon such Bonds from the respective dates upon which theybecame due, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons entitled thereto without any discrimination or preference; and THIRD: to the payment of the principal of and premium, if any, of any Bonds called for optional redemption pursuant to the provisions of this Resolution. (2) If the principal of all the Bonds shall have become due and payable, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Persons entitled thereto without any discrimination or preference. SECTION 6.07. Control by Insurer or Credit Bank. Upon the occurrence and continuance of an Event of Default, each Insurer or Credit Bank, if such Insurer or Credit Bank shall have honored all of its commitments under its Bond Insurance Policy or its Credit Facility, as the case may be, shall be entitled to direct and control the enforcement of all rights and remedies with respect to the Bonds it shall insure or for which such Credit Facility is provided. [End of Article VI] 39 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. Supplemental Resolution Without Bondholders' Consent. Except as provided herein, subsequent to the issuance of Bonds, no amendment, revision or revocation of this Resolution shall be enacted by the Issuer. The Issuer, from time to time and at any time, may adopt such Supplemental Resolutions without the consent of the Bondholders (which Supplemental Resolution shall thereafter form a part hereof) for any of the following purposes: (A) To cure any ambiguity or formal defect or omission or to correct any inconsistent provisions in this Resolution or to clarify any matters or questions arising hereunder. (B) To grant to or confer upon the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders. (C) To add to the conditions, limitations and restrictions on the issuance of Bonds under the provisions of this Resolution other conditions, limitations and restrictions thereafter to be observed. (D) To add to the covenants and agreements of the Issuer in this Resolution other covenants and agreements thereafter to be observed by the Issuer or to surrender any right or power herein reserved to or conferred upon the Issuer. (E) To specify and determine at any time prior to the first delivery of any Series of Bonds any matters and things relative to such Bonds which are not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any such authorization, specification or determination. (F) To authorize Projects or to change or modify the description of any Project. (G) To specify and determine matters necessary or desirable for the issuance of Capital Appreciation Bonds or Variable Rate Bonds. (H) To authorize Additional Bonds or Subordinated Indebtedness. (I) To maintain or obtain a rating on any Bonds, to implement or discontinue, if necessary, a book-entry system of registration of Bonds or to preserve the tax-exempt status of Bonds. (J) To make amendments permitted by Section 5.15 hereof. (K) To make any other change that, in the opinion of Bond Counsel, would not materially adversely affect the security for the Bonds. In making such determination, Bond Counsel shall not take into consideration any Bond Insurance Policy. 40 Except Supplemental Resolutions described in subsections (E), (F), (H) and (J) of this Section 7.01 and Supplemental Resolutions adopted for the purpose of authorizing Additional Bonds in compliance with all applicable provisions hereof, no Supplemental Resolution adopted pursuant to this Article VII shall become effective unless approved by every Insurer; and the Issuer covenants and agrees to furnish to each Insurer an executed original transcript of the Issuer's proceedings with respect to the adoption of each Supplemental Resolution. SECTION 7.02. Supplemental Resolution With Bondholders', Insurer's and Credit Bank's Consent. Except as otherwise provided in Section 7.03 hereof, subject only to the terms and provisions contained in Section 5.15 hereof and in this Section 7.02, the Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, to consent to and approve the adoption of such Supplemental Resolution or Resolutions hereto as shall be deemed necessary or desirable by the Issuer for the purpose of supplementing, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Resolution; provided, however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any specified Series or maturity remain Outstanding, the consent of the Holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section 7.02. Any Supplemental Resolution which is adopted in accordance with the provisions of this Section 7.02 shall also require the written consent of the Insurer of, or any Credit Bank providing a Credit Facility for, any Bonds which are Outstanding at the time such Supplemental Resolution shall take effect. Except with the consent of the Holders of all Bonds Outstanding so affected by such Supplemental Resolution, no Supplemental Resolution maybe approved or adopted which shall permit or require (A) an extension of the maturity of the principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in the principal amount of any Bond or any redemption premium or the rate of interest thereon, (C) the creation of a lien upon or a pledge of the Pledged Funds which adversely affects the rights granted by the Bonds or this Resolution in favor of any Bondholders, (D) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (E) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Resolution. If at any time the Issuer shall determine that it is necessary or desirable to adopt any Supplemental Resolution pursuant to this Section 7.02, the Clerk shall cause the Registrar to give notice of the proposed adoption of such Supplemental Resolution and the form of consent to such adoption to be mailed, postage prepaid, to all Bondholders at their addresses as they appear on the registration books and to all Insurers of, and Credit Banks providing a Credit Facility for, Bonds Outstanding. Such notice shall briefly set forth the nature of the proposed Supplemental Resolution and shall state that copies thereof are on file at the offices of the Clerk and the Registrar for inspection by all Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholder by reason of its failure to cause the notice required by this Section 7.02 to be mailed and any such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided in this Section 7.02. Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing purporting to be executed by the Holders of not less than the required percentage in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the 41 proposed Supplemental Resolution described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. If the Holders of not less than the required percentage in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Issuer from adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 7.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. SECTION 7.03. Amendment with Consent of Insurer and/or Credit Bank Only. If all of a Series of Bonds Outstanding hereunder are insured or secured as to payment of principal and interest by an Insurer or Insurers and/or by a Credit Facility provided by a Credit Bank or Credit Banks, and the Insurer or Insurers and/or the Credit Bank or Credit Banks, as applicable, are not in default, the Issuer may enact one or more Supplemental Resolutions amending all or any part of Articles I, IV, V, VI and VIII hereof with the written consent of said Insurer or Insurers and/or said Credit Bank or Credit Banks, as applicable, and the acknowledgment by said Insurer or Insurers and/or said Credit Bank or Credit Banks that its Bond Insurance Policy or its Credit Facility, as the case may be, will remain in full force and effect. The consent of the Holders of any Bonds shall not be necessary. The foregoing right of amendment, however, does not apply to any amendment to Section 5.12 hereof with respect to the exclusion, if applicable, of interest on said Bonds from the gross income of the Holders thereof for federal income tax purposes nor may any such amendment deprive the Holders of any Bond of right to payment of the Bonds from, and their lien on, the Pledged Funds and any additional security pledged hereunder. Upon filing with the Clerk of evidence of such consent of the Insurer or Insurers and/or the Credit Bank or Credit Banks as aforesaid, the Issuer may adopt such Supplemental Resolution. After the adoption by the Issuer of such Supplemental Resolution, notice thereof shall be mailed in the same manner as notice of an amendment under Section 7.02 hereof. 42 SECTION 7.04. Required Opinion of Bond Counsel. The Issuer shall not adopt a Supplemental Resolution unless the Issuer shall have received an opinion of Bond Counsel to the effect that such action is permitted hereunder and will not impair the exclusion of the interest on any Bonds (other than Taxable Bonds) from gross income for federal income tax purtx)ses. [End of Article VII] 43 ARTICLE VIII MISCELLANEOUS SECTION 8.01. Defeasance. If the Issuer shall pay or cause to be paid or there shall otherwise be paid to the Holders of all Bonds the principal, premium, if any, and interest due or to become due thereon, at the times and in the manner stipulated therein and in this Resolution, then the pledge of the Pledged Funds and any additional security pledged hereunder, and all covenants, agreements and other obligations of the Issuer to the Bondholders, shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Paying Agents shall pay over or deliver to the Issuer all money or securities held by them pursuant to the Resolution which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. Any Bonds or interest installments appertaining thereto, whether at or prior to the maturity or redemption date of such Bonds, shall be deemed to have been paid within the meaning of this Section 8.01 if (A) in case any such Bonds are to be redeemed prior to the maturity thereof, there shall have been taken all action necessary to irrevocably call such Bonds for redemption and notice of such redemption shall have been duly given or irrevocable provision shall have been made for the giving of such notice, and (B) there shall have been deposited in irrevocable trust with a banking institution or trust company by or on behalf of the Issuer either moneys in an amount which shall be sufficient, or non-callable Defeasance Obligations the principal of and the interest on which when due will provide moneys which, together with the moneys, if any, deposited with such bank or trust company at the same time shall be sufficient, to pay the principal of or Redemption Price, if applicable, and interest due and to become due on said Bonds on and prior to the redemption date or maturity date thereof, as the case may be. Neither the Defeasance Obligations nor any moneys so deposited with such bank or trust company nor any moneys received by such bank or trust company on account of principal of, premium, if any, or interest on said Defeasance Obligations shall be withdrawn or used for any purpose other than, and all such moneys shall be held in trust for and be applied to, the payment, when due, of the principal of and, premium, if any, of the Bonds for the payment or redemption of which they were deposited and the interest accruing thereon to the date of maturity or redemption thereof; provided, however, the Issuer may substitute new Defeasance Obligations and moneys for the deposited Defeasance Obligations and moneys if the new Defeasance Obligations and moneys are sufficient to pay the principal of, premium, if any, and interest on such Bonds, and any trust agreement goveming the deposit of such Defeasance Obligations and moneys may provide for the investment of moneys unclaimed by Bondholders and for the payment to the Issuer of such unclaimed moneys and the investment earnings thereon. For purposes of determining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or the redemption date thereof, as the case may be, by the deposit of moneys, or specified Defeasance Obligations and moneys, if any, in accordance with this Section 8.01, the interest to come due on such Variable Rate Bonds on or prior to the maturity or redemption date thereof, as the case maybe, shall be calculated at the Maximum Interest Rate; provided, however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less than the Maximum Interest Rate for any period, the total amount of moneys and specified Defeasance Obligations on deposit for the payment of interest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited on such date in respect of such Variable Rate Bonds in order to satisfy this 44 Section 8.01, such excess shall be paid to the Issuer free and clear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing under this Resolution. In the event the Bonds for which moneys are to be deposited for the payment thereof in accordance with this Section 8.01 are not by their terms subject to redemption within the next succeeding sixty (60) days, the Issuer shall cause the Registrar to mail anotice to the Holders of such Bonds that the deposit required by this Section 8.01 of moneys or Defeasance Obligations has been made and said Bonds are deemed to be paid in accordance with the provisions of this Section 8.01 and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of, premium, if any, and interest on said Bonds, provided, however, that a failure to mail such notice shall not prevent the defeasance of such Bonds. Nothing herein shall be deemed to require the Issuer to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Issuer in determining whether to exercise any such option for early redemption, but the Issuer may waive these rights by Supplemental Resolution. In the event that the principal of, premium, if any, and interest due on the Bonds or any portion thereof shall be paid by an Insurer or Insurers, a Credit Bank or Credit Banks and/or the issuer of a Reserve Fund Letter of Credit or Reserve Fund Insurance Policy and such Insurer, Credit Bank and/or issuer shall not have been reimbursed by the Issuer, such Bonds or any portion thereof shall remain Outstanding, shall not be defeased and shall not be considered paid by the Issuer, and the pledge of the Pledged Funds and any additional security pledged hereunder, and all covenants, agreements and other obligations of the Issuer to the Bondholders shall continue to exist and such Insurer or Insurers, such Credit Bank or Credit Banks and such issuer shall be subrogated to the rights of such Bondholders. SECTION 8.02. Capital Appreciation Bonds. For the purposes of (A) receiving payment of the redemption price if a Capital Appreciation Bond is redeemed prior to maturity, or (B) receiving payment of a Capital Appreciation Bond if the principal of all Bonds becomes due and payable under the provisions of this Resolution, or (C) computing the amount of Bonds held by the Holder of a Capital Appreciation Bond in giving to the Issuer or any trustee or receiver appointed to represent the Bondholders any notice, consent, request or demand pursuant to this Resolution for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 8.03. General Authority. The members of the Governing Body and the Issuer's officers, attorneys and other agents and employees are hereby authorized to do all acts and things required of them by this Resolution or desirable or consistent with the requirements hereof for the full, punctual and complete performance of all of the terms, covenants and agreements contained in the Bonds and this Resolution, and they are hereby authorized to execute and deliver all documents which shall be required by Bond Counsel or the initial purchasers of the Bonds to effectuate the sale of the Bonds to said initial purchasers. SECTION 8.04. No Personal Liability. No representation, statement, covenant, warranty, stipulation, obligation or agreement herein contained, or contained in the Bonds, or in any 45 certificate or other instrument to be executed on behalf of the Issuer in connection with the issuance of the Bonds, shall be deemed to be a representation, statement, covenant, warranty, stipulation, obligation or agreement of any member of the Governing Body, officer, employee or agent of the Issuer in his or her individual capacity, and none of the foregoing persons nor any officer of the Issuer executing the Bonds or any certificate or other instrument to be executed in connection with the issuance of the Bonds, shall be liable personally thereon or be subject to any personal liability or accountability by reason of the execution or delivery thereof. SECTION 8.05. No Third Party Beneficiaries. Except such other Persons as may be expressly described herein or in the Bonds, nothing in this Resolution, or in the Bonds, expressed or implied, is intended or shall be construed to confer upon any Person other than the Issuer, any Insurer, any Credit Bank and the Holders any right, remedy or claim, legal or equitable, under and by reason of this Resolution or any provision hereof, or of the Bonds, all provision hereof and thereof being intended to be and being for the sole and exclusive benefit of the Issuer, any Insurer, any Credit Bank and the Persons who shall bom time to time be the Holders. SECTION 8.06. Sale of Bonds. The Bonds shall be issued and sold at public or private sale at one time or in installments from time to time and at such price or prices as shall be consistent with the provisions of the Act, the requirements of this Resolution and other applicable provisions of law. SECTION 8.07. Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued hereunder. SECTION 8.08. Repeal of Inconsistent Resolutions. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 8.09. Table of Contents and Headings not Part Hereof. The Table of Contents preceding the body of this Resolution and the headings preceding the several articles and sections hereof shall be solely for convenience of reference and shall not constitute a part of this Resolution or affect its meaning, construction or effect. SECTION 8.10. Holidays; Time. In any case where the date of maturity of interest on or principal of the Bonds or the date fixed for redemption of any Bonds is not a Business Day, then payment of principal, premium, if any, or interest need not be made on such date but may be made on the next succeeding Business Day, with the same force and effect as if made on the date of maturity or the date fixed for redemption. All references to specified times of day shall be deemed to refer to the then prevailing time within the jurisdiction of the Issuer. SECTION 8.11. Effective Date. This Resolution shall become effective immediately upon its passage. 46 PASSED AND ADOPTED THIS __ DAY OF ., 2004. (SEAL) ATTEST: CItY OF BOYNTON BEACH, FLOmDA By:. By: City Clerk Mayor Vice-Mayor Commissioner Commissioner Commissioner APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:, City Atmmey 47 EXHIBIT A Terms of the Series 2004 Bonds (a) Dated Date: (b) Amounts, Maturities and Interest Rates: Maturity Amount ( 1) Interest Rate $ % (c) Optional Redemption. The Series 2004 Bonds maturing prior to 1, __ are not subject to optional redemption prior to maturity. The Series 2004 Bonds maturing on or after 1, are subject to redemption prior to maturity, at the option of the City, from any funds legally available for such purpose, on or after 1 .... in whole or in part on any date, and if in part in any order of maturity selected by the City, and by lot within a maturity if less than an entire maturity is to be redeemed, at the redemption prices (expressed as percentages of the principal amount of the Series 2004 Bonds to be redeemed) set forth in the table below, plus accrued interest to the redemption date: Redemption Dates Redemption (Inclusive) Prices 1, __ through ., __ % 1, __ through , __ __ % , __ and thereafter % (d) Mandato _ry Redemption. The Series 2004 Bonds maturing on 1, __ (the " Term Bonds") are subject to mandatory redemption in part, on 1, __, and on each thereafter in the years and in the amounts set forth below (except for the final amount due at maturity, which shall not be a redemption), at a price equal to 100% of the principal amount of the Series 2004 Bonds being redeemed, plus accrued interest to the redemption date: A-1 TERM BONDS Year Amount (Maturity) The Series 2004 Bonds maturing on 1, __ (the" Term Bonds") are subject to mandatory redemption in part, on 1, , and on each October__ thereafter in the years and in the amounts set forth below (except for the final amount due at maturity, which shall not be a redemption), at a price equal to 100% of the principal amount of the Series 2004 Bonds being redeemed, plus accrued interest to the redemption date: TERM BONDS Year Amount (Maturity) If prior to any 1 the City shall purchase for cancellation or redeem ~ Term Bonds or__ Terms Bonds in excess of the aggregate mandatory redemption requirement for such __ Term Bonds or __ Terms Bonds to but not including such , such excess of Term Bonds so purchased or redeemed and not previously applied as a credit pursuant to this paragraph shall be credited over such of the remaining mandatory redemption dates for such __ Term Bonds as the Issuer shall determine, and shall reduce the amount of Term Bonds or__ Terms Bonds otherwise subject to redemption and due, respectively, on such date(s). Provided, however, that no such excess shall be credited to the amount of__ Term Bonds or __ Terms Bonds subject to mandatory redemption on a particular 1 after the selection of__ Term Bonds or Terms Bonds to be redeemed on such date has been made. A-2 The above-terms of the City of Boynton Beach Public Service Tax Revenue Refunding Bonds, Series 2004 are hereby approved pursuant to Resolution No. of the City Commission. City of Boynton Beach, Florida By: Its Date: A-3 EXHIBIT B BOND PURCHASE CONTRACT B-1 EXHIBIT C PRELIMINARY OFFICIAL STATEMENT C-1 EXHIBIT D COMMITMENT FOR MUNICIPAL BOND INSURANCE D-1 EXHIBIT E COMMITMENT FOR SURETY BOND E-1 EXHIBIT F ESCROW DEPOSIT AGREEMENT G:\02345,34\Bond Res (2).wpd F- 1 - C 'TY MANAGER'S REPORT CITY OF BOYNTON BEA ITEM C AGENDA ITEM REQUEST F .. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Review and discuss staffreport on Storm~vater ERU fee. Commission has asked staffto explore reduction from $5.00 to $4.00 at this time. EXPLANATION: City Commission requested staffprepare a review of the Stormwater ERU as to the sufficiency of the current rate structure with a view toward the possibility of a further reduction of the fee from $5.00/month to $4.00/month. In May 2000, the City Commission increased the Stormwater ERU fee from $ 1.00 to $6.00, in 2002, the Commission made a reduction from $6.00 to $5.00. This is the current rate. At present ($5.00) the Stormwater ERU raises $3,200,000 a year. A reduction to $4.00 would mean a revenue stream of approximately $2,550,000. Since 1997, the City has committed to $15.7 M in stormwater projects. The total revenues received from stormwater ERU fees from 1997 to the present are: $13.9 M. The balance of the revenue shortfall for stormwater projects has been made up from either grants (Lake Worth Lagoon and SFWMD Grants) or operating revenues from the Utilities Fund. Of the $15.7 M in projects listed in Exhibit A, a total of $4.97M has been completed to date. PROGRAM IMPACT: Please see attached report. Staff believes reduction of the ERU to $4.00 will have a detrimental impact of project delivery in the future. FISCAL IMPACT: At present ($5.00) the Stormwater ERU raises $3,200,000 a year. A reduction to $4.00 would mean a revenue stream of approximately $2,550,000. Please see the historic revenue from the Stormwater fee from 1997 to present: Stormwater Revenues: 1997/98 $ 570,458 1998/99 $ 581,061 1999~00 $ 1,016,724 2000/01 $ 3,606,131 2001/02 $ 3,406,275 2002/03 $ 3,144,092 2003/04 $ 1,585,225 (Thru 03/25/04) S:kBULLETINWORMS'xAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Retain Storm~vater ERU at $5.00 for balance of fiscal year and re-evaluate at that time based on project priorities. ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIlC, FORMS'~AGENDA ITEM REQUEST FORM.DOC Stormwater Rate Report April 7, 2004 Introduction Our environment is a precious thing. Growing public awareness and concern for controlling water pollution led to enactment of the Federal Clean Water Act in 1977. The Act established the basic structure for regulating discharges of pollutants into the waters of the United States. It gave the federal Environmental Protection Agency (and in the State of Florida the Department of Environmental Protection) the authority to implement pollution control programs. The Clean Water Act sets water quality standards for a variety of contaminants discharged to surface waters. The Act made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions. It also funded the construction of sewage treatment plants under the construction grants program and recognized the need for planning to address the critical problems posed by nonpoint source pollution. The Clean Water Act is the cornerstone of surface water quality protection in the United States, although interestingly, the Act does not deal directly with ground water nor with water quantity issues. The statute employs a vadety of regulatory and nonregulatory tools to sharply reduce direct pollutant discharges into waterways, finance municipal wastewater treatment facilities, and manage polluted runoff. These tools are employed to achieve the broader goal of restoring and maintaining the chemical, physical, and biological integrity of the nation's waters so that they can support the protection and propagation of fish, shellfish, wildlife and recreation in and on the water. Stormwater, and the runoff that it produces, is regulated under the Clean Water Act through the National Pollutant Discharge Elimination System (NPDES) Permitting Program. The NPDES program is not a voluntary program- it is a federally mandated compliance program for communities such as Boynton Beach. Since we operate both a stormwater system and a wastewater system, we are regulated under the provisions of the NPDES program. Florida is both blessed and cursed with abundant rainfall dudng most years. Abundant rainfall provides natural irrigation for urban lawns and agricultural activities, replenishes ponds and lakes, provides essential hydro-period fluctuations in our wetland systems and is essential to the recharge of our regional surflcial aquifer system. However, this same stormwater is a curse because frequent small storms cause pollutants from cars, fertilizers, pesticides and herbicides to enter waterways, and high rainfall intensities and/or large storm event volumes combined with under-designed or poorly maintained drainage systems produce flooding and severe erosion. It is this duality that creates stormwater management challenges for cities (especially coastal cities) such. as the City of Boynton Beach. It is the main reason why the City Commission authorized the 1992 Stormwater Master Plan, which helped to identify the chronic problem areas, and why they took the further step to establish a formal Stormwater Utility rate of $1.00 per ERU in 1993. C:~cumcnts and SettingsXconboy.000~.x)eal Settings\Temporary Internet Files\OLK31 ~Stormwater Report 4-07-04.doc 2 The City of Boynton Beach Stormwater Utility When the first stormwater rate was established in 1993 at $1.00 per ERU it raised approximately $400,000 per year and was used to cover the expenses of a small crew and a few pieces of equipment in an attempt to maintain some of the stormwater control devices located within the City limits. The initial rate also helped to fund the City's participation in the countywide stormwater monitoring, reporting and permitting activities. In the beginning, we managed to just get by in maintaining some of the catch basins, inlets and conveyance pipes. But we were · experiencing flooding in a number of sections of the City, and when there were heavy rains, many streets were filled with water for days on end. Some pdvate properties experienced damage due to the flooding. In January of 1999 the Utilities Department staff held a Stormwater Utility Workshop with the City Commission. The workshop included a recommended plan for formally tackling the recurring stormwater problems in the City, along with a full outline of our goals for insuring that the City would be in compliance with the NPDES requirements of the federal and state governments. Based upon that workshop, the City Commission authorized a Stormwater Master Plan Update and further authorized the completion of a cost-of-service rate study to support the implementation of the Stormwater Master Plan. The Stormwater Master Plan The stormwater Master Plan (for the downtown watershed) was completed in August of 1998 and a Master Plan for Swale Improvements was completed in C:~Documeats and Settings~eonboy.000~Local Settings\Temporary lnternet Files\OLK3 l\Stormwater Report 4-07-04.doc 3 October of 1999. The Rate Study to support the revenues needed to undertake all of the recommended improvements was completed in January of 2000. That Rate Study helped to establish a priority list of the stormwater improvements that needed to be made and recommended an adjustment of the stormwater rate from $1.00 per ERU to $6.00.per ERU. The City Commission formally adopted the pdority list of improvements in May of 2001 and further authorized the stormwater ERU rate to be set at $6.00 per ERU effective with the first billing in Octbber o}' 2001. A $6.00 per~ERU rate raises approximately $3,850,000 per year. In April of 2002, the City Commission lowered the ERU rate from $6.00 per $5.00, reducing the annual collections by about $650,000 per year. A Combined Utility System Although the City has a distinct rate for water services, wastewater services and stormwater services, we have a combined utility system (as per a determination made by the City Commission in Resolution R92-96, in particular under the definition of revenues and Section 504 of the 1992 bond indenture.) In essence, this means that although we collect separate charges for each of the three utilities, the City Commission has authorized the combining of revenues from any or all of the three utilities, in order to support the on-going operations of the entire system. The Stormwater Improvement Plan Attached to this report, as Exhibit "A", is an accounting of the stormwater improvements undertaken from 1997 to 2003. You will notice that we have C:XDocuments and SettingsXconboy.000~Local Settings\Temporary Intemet Files\OLK3 l~Stormwater Report 4-07-04.doc 4 completed, or have currently underway (dollars that have been formally committed) nearly $15.7 million dollars worth of stormwater improvement projects. While we have committed to $15.7 million dollars worth of projects in the last six years, we have not actually collected that much money through the stormwater ERU rate. The difference has been made up either in grant funds (particularly for the downtown stormwater pond at Mangrove Walk) or through cash support coming out of the water and wastewater revenue streams. Going forward, there is still approximately $16.4 million dollars worth of stormwater improvements yet to be made to complete the citywide Stormwater Master Plan (which will be compete in 2007). In addition, there are on-going annual operations and maintenance expenses of approximately $750,000 per year which help us to stay in compliance with our NPDES permit. Exhibit "B" is an outline of the capital improvements to be made and the annual operations and maintenance expenses through FY 2009/2010. Exhibit "C" shows how the cash flow from the $5.00 ERU rate currently supports the funding of those projectS. Exhibit "D" shows how the cash flow from a $6.00 ERU would have supported the funding of those projects if it had been kept in place. Exhibit "E" shows how a $4.00 ERU rate will support the funding of those projects going forward. The Flow of Cash to Support Stormwater Improvement Projects As can be seen from the attached exhibits, under all three scenarios, the flow of cash from the stormwater ERU revenues remains negative throughout the balance of the completion of the Stormwater Master Plan improvements. Under C:~Documents and Settings~conboy.000~ocal Settings\Temporary Internet Files\OLK31 \Stormwater Report 4-07-04.doc 5 the $5.00 ERU rate structure, stormwater revenues do not cover capital and operations and maintenance (O&M) expenses until FY 2009/2010. Had the City Commission kept the $6.00 ERU rate, stormwater revenues would have covered capital and O&M expenses a bit earlier, but not until FY 2008/2009. If the City Commission lowers the ERU rate down to $4.00, stormwater revenues will not cover stormwater capital and O&M expenses until FY 2010/2011. The shortfall in the revenues needed for the stormwater capital improvements and the annual O&M expenses are being made up by the revenues from the water and wastewater rates. Thank you for giving me the opportunity to present this report. I want to thank the members of the Water Resources Leadership Team (WRLT) for their review, comments and statistical tables, which are a large part of the information contained herein. Without their help, this report would not have been possible. Dale S. Sugerman Assistant City Manager Boynton Beach, Flodda March 26, 2004 C:'~Documents and Settings~eonboy.000'da3cal Settings\Temporary Intcrnet Files\OLK3 l~Stormwater Report 4-07-04.doc 6 Exhibit A Exhibit B Exhibit ¢ Exhibit D m m m m m m m Exhibit E Ill Z CZ I11 0 Z Ill Z Z Ill X Z Ill IX. - CITY MANAGER'S CITY OF BOYNTON BE, REPORT AGENDA ITEM REQUEST ITEM O Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] Max., 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business --' AGENDA ITEM [] City Manager's Report [] Presentation :~:~ [] Consent Agenda FI Public Hearing ~ ~.~ [] Code compliance/Legal Settlements [] Unf'mished Business -o ..~ RECOMMENDATION: Motion to accept the proposal from Post, Buckley, Schuh & Jemigan, Inc. (PBS&3')'~ the amount of $16,655 to prepare a condition assessment report of the Woman's Club. EXPLANATION: On May 7, 2002, the Commission approved staff recommendation to enter into negotiations xvith the Woman's Club towards developing a long-range lease agreement that will allow the City to manage and operate the building. Prior to ratifying the agreement, a condition assessment of the building is necessary. PBS&J is currently under contract with the City. to provide General Consulting and Engineering Services. They are on the nation's largest multidisciplinary firms, and have staffwith expertise in the field of architectural and historic preservation. PROGRAM IMPACT: Considering the ramifications of entering into a long-term agreement, it is essential that a qualified agency assess the condition of the architectural, structural, mechanical, electrical and plumbing systems. This ~vill include evaluation of any ADA related issues, an environmental assessment for the presence of asbestos, lead, and mold, and recommendations related to historic preservation needs. FISCAL IMPACT: The proposed fee for this project is $16,655. The City Commission Contingency Fund would have to be used for the project (001-1211-512-99-01). Current balance in this fund is $127,795. ALTERNATIVES: Do not conduct the condition assessment. ep~-t~ Cit~ Manager's Signature RECREATION & PARKS Department Name City Attorney / Finance / Human Resources S 5BULLETIN'WORMSL~GENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF THE 5 PROPOSAL FROM POST, BUCKI.EY, SCHUH & 6 IERNIGAN, INC., IN THE AMOUNT OF $16,655 TO 7 PREPARE A CONDITION ASSESSMENT REPORT OF 8 THE WOMAN' S CLUB; AND PROVIDING AN 9 EFFECTIVE DATE. lo 11 WHEREAS, on May 7, 2002, the Commission approved the recommendation f staff 12 to enter into negotiations with the Woman's Club, toward developing a long-range lease 13 agreement that will allow the City to manage and operate the building; and 14 WHEREAS, prior to ratifying the agreement, a condition assessment of the building 15 is necessary and (PBS&J) is currently under contract with the City to provide General 16 Consulting and Engineering Services, and have staff with expertise in the field of 17 architectural and historic preservation; and 18 WHEREAS, the City Commission deems it appropriate and in the best interests of 10 the citizens and residents of the City to accept the proposal from Post, Buckley, Schuh & 20 Jemigan, Inc., to prepare a condition assessment report of the Woman's Club; 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Thc foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the approval and execution of the proposal from Post, Buckley, 28 Schuh & Jemigan, Inc., in the amount of $16,655 to prepare a condition assessment report of S:\CA~ESOV~greements\Task - Change Orders'J~BS&J Proposal - Woman's Club Assessment.doc the Woman's Club. 2 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of April, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 S:\CA~ESOV~,greernents',Task - Change Ordors~PBS&J ProposaJ - Woman's Club Assessment.doc An employee-owned company January 24, 2004 Mr. Wally Majors, Director Recreation & Parks Department City of Boynton Beach, Flodda P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Professional Engineering Services for Condition Assessment of Boynton Beach Women's Club Fee Proposal Dear Mr. Majors: PBS&J proposes to prepare a Condition Assessment Report of the Boynton Beach Women's Club located at 1010 South Federal Highway to aid the City in their decision to accept responsibility for operation and maintenance of the building. Our understanding is that the building was designed by Addison Mizner and was constructed in 1925. The 16,000-SF, two story building sits on a 1.04-acre lot and is listed on the National Register of Historic Places. Our report will assess the condition of the architectural, structural, mechanical, electrical, and plumbing systems. A limited environmental assessment will also be conducted to include the presence of asbestos, lead, and mold. We can also provide a Phase I Environmental Site Assessment if desired. Furthermore, we will consider the historic preservation needs of the facility. These services will be provided through our General Consulting and Engineering Services Contract with the City. PBS&J will manage the work of our staff and our consultants. We will enlist the services of MACTEC Engineering and Consulting for the assessment of the building systems and the environmental issues. PBS&J's historic preservation architect, Rebecca Spain Schwarz, will inspect the building and make recommendations on the historic preservation needs. PBS&J will compile the final assessment report and present it to the City. Attached is a copy of MACTEC's proposed scope of work which more fully describes the conditions and limits of the assessment. I am also including a resume for Rebecca Schwarz for your review. Pdor to proceeding with the assessment we will need the following information: 1. Legal description of the property 2. Street address of the property and names and phone numbers of on-site individuals whom we should contact to schedule the fieldwork. A site location map would also be 2001 Northwest 107th Avenue, Miami, Florida 33172-2507 · Telephone (305) 592-7275 · www. pbsj.com Boynton Beach Women's Club January 24, 2004 Page 2 helpful. 3. A letter of introduction from you explaining why PBS&J and MACTEC will be on site, and giving a name and telephone number whom the on site individuals should contact if they should have questions. This letter should also state that PBS&J and MACTEC are authorized to review any available building plans while we are on site. BASIS OF FEE: Description Hours Rate Total Principal 2 $190/Hr. $380.00 Project Manager 32 $100/Hr. $3,200.00 Historic Preservation Architect 40 $110/Hr. $4,400.00 Cledcal 8 $50/Hr. $400.00 MACTEC (excluding Task 3) $7,775.00 Expenses $500.00 Total $16,655.00 The above fee does not include the Task 3, Phase I Environmental Site Assessment described in MACTEC's proposal. If the City should desire this work to be done, the fee would be an additional $2,900.00 for MACTEC and $300.00 for PBS&J. Based on the understanding that the building has occupied the site since 1925 and that the City should already be aware of any site environmental issues in the area, we don't believe that this investigation is needed. If this proposal is acceptable, please prepare a Work Order so that we can schedule the work. It will take approximately three weeks for the assessment and initial reports to be prepared with another two weeks needed finalize everything and submit to the City. If you have any questions, please let me know. Sincyr~ly, William M. Brown AIA Director of Amhitecture - South Florida JAN 16 2004 17:29 FR LAW COMPANIES 305 826 1799 TO 3055948616 P.O2x13 MACTEC 2004 Mr. Bill Brown 2007 Northw~0t Iff/~ Avmuo Photo:: 305-541-3752 Miami, Florida 33171.-25ff7 Fax: 305-5948616 MACTEC E&'C Proposal No.. P. ROP04MIAM Task ~ 1 M~C-rsc P-al~s ami coma~ ;inc. (MA. CTEC .F~C), ~ I~ m~,px to LaW ~y Conditi~ .surl~, I.imil~d ~ L~d Ps.i~L, and S~p~t. Mold' SIII'v~, ~ I l~nv/rtmm~tal Site A .ssc~mmt to PB$&J for the Buildin~ locatod at 101 South Federal Included. in this proposal are m our, line 0f the. back,round infm'mation, our proposed scope of 'serVices; fee. estinuee, ~d. schedule. Thc rc~mlts of the services'performed- will be for tl~ excl .mivo'usc of P~$~J. Th~ us~ of our resu~, by ~h~ a third ~ s~ch ss a reel esUue lem~ ... S.ecamtA~... Client A ..~,sm~t, Fo~ 'your r~m:nce, we a~ ~tachins a copy of thc' fo~n: ~'a. O~..CT ~~ON S~ct:iMold Shnvey, .~md.a Phase I N,w~xmummd Site .Assessmeut (Phase I), fo~ the ~g:c, Oustmo~ in tt~ ~o's that is On ~he mr, oric ~gi~y. Ti~ ~,,~a~ is appmximaady 'JAN 16 2004 17:30 FR LAW COMPANIES 305 826 1799 TO 3055948616 P.0~?13 Boynton Bgach [P'omgn's Club, ] O J Souls Fedvral High~,ay, Be~on Bead~ Januar~ ]6, 2004 M,~ C'~C ~gt~eering and Con.miring, l~c. Proposal l~o, PR OPO4MIdM Ta~ 31 SCOPE OF ~ERVICE8 TA~_I ~ prowls' CON~rrton ~~ Co--on ~~: B~e ~ ~'~ .~~ ~. ~ ~ of ~ ~S ~ ~ o~ ~ ~ m ~e ~tmt f~b[c ~fl ~y ~b~, ~ ~ ph~ ~~ of ~C~C ~C ~ ~ &e n~ ~~ ~d ~cl to ~t~ d~s ~or ~fion ~i~ ~ ~ ~p~ ~g ~~ts ~ ~ ~ ~~ ~ ~ is not ~i~ to ~ ~e ~t~ i~s or ~ ~1~ ~~g c~atio~ ~ v~ti~ of &e ~ of~ ~nl ~. ~ ~c clots of o~ fi~d.~~ ~B ~ ~ ~llow~ ~ ~ ~ fo~~ a 'w~~' of~ ~~f~s..We~~t you~~~~~ ~ ~~ ~ ~ ~ ~ ~ ~. We w~d ~f~ ~ a ~~ ~ who ~ k~ ~d a ~ (~n~), ~y ~, ~ ~ ~ ~.tbe~ ~c~ ~ not ~1~ o~ ~ ~ ~ ~ ~~y. At .~ ~~ of ~ fi~ ~c~ ~ ~ ~ ~ ~ you ~ a ~ o~~ a ~ of ~ o~~ ~ ~ ~ ~, ~ ~ .2 JAN 16 2004 17:51FR LAW COMPANIES 305 826 1799 TO ~055948616 P.04/13 Boynton B~aa~ ~o~e# '~ Clul~ 101 ~outh F~d~a! Htg~way, ~oy~tos~ Beach J~ry i ~ 2004 MACT£C Engineerlag and Cottsuldng~ In,, Proposal No, PROPO4MIAM Tad~ 3] lnfoFmation Needed'FFom ofthe pr , Stx~t address of the lgotggty and the ~m~s and phone n~ of.cm-s/t~ /nd/viduals whum we ~hould contact to schedule our fieldw~,- 'iA s/re loc~im m~sp would slso be helpf~ ff mmlhbl~ 'A letter of introduc~o~ from you as:our cli~t in~xoducin~ MACTE~ of' our client comact (or the owner's repros_ ~vc) whan the On-site state ~ ~ i~C is author/zed-to r~vi~'w P!~s wbfl= w~ ~ on site. ~AN 16 2004 17:~1FR LA~ COMPANIES ~$ 8~6 17~9 TO ~055948616 P.O~/1S Boynton Beach Womr. n',v Club, 101 ,gouth Federal Highway, Bo_vnton Beach January 16, 2004 MACTEC Engineering and Con.miring, Inc. Proposal No. PROPO4MI~IM Task $1 by MACTBC F~-C with a temporary patch. Du~ to waterproofing and warranty considerations, roof samples will not be obtained unless specifically requested by tha client. Roof warrantics can be voided ff roof penetrations caused by san~ling are repaired by unqualif~d contractors. The US.EPA ha~ dgveloped guide~ f~ acquiring aamplga and these guidelines will be adh~'~ to and E[eakh.Ad_mini~ration'a (OSHA'0 ~on Standard for Aabeztoa. MACTEC E&C will collect and analyze ap to 10 zamplez for this effort. TI~ USEPA.mat~ted meth~ of ~o~)y~ to dem~i-~ asbe~s typ~ and cont~at in bulk material - samples is Polati~ Light Mictoacopy (PLM). Th~ co~ samples will b~ adhea'c to D-SEPA and nationally rcco?~!__ laboratory protocola in pefformlnE the analyses. After homogcaetnas areas of major ACM are delarmi,,ed, an opinion of cos~ will be provided fca' removal, ifwa-/aatcd, or for managcmmt-in-pl~ce, if tbat i~ the recommended course of Task 2B, ~ ~imlted Lead Ba~! Paint S,~j'vev MACTEC E&C will grovi~: a ~imited lead paint survey of th~ ~6ating ~ The Iimittxl survey for lead paint wilt begin with a revi~v of thc ~vious aun~ made av~i~.hle to aa, and a visual obseawation of the access'bio areas of the stmcturcs. Afle~ the ritual obit, ration is complvtexL areas t~t have suspect materials (the materials that may ~antain lead paiu~ Thc ncxt step is thc sclcc, tion of sample ~rcas aud .~..mplin~ locations. Thc procc~ will begin with thc delineation of s~le areas. A sm~. le area i~ defined as a homog~mous ~ura of ~pect'paint coating which is of thc san~.typc 0~-.~, color, a,,a type) and which was applied dm'ing thc same ~ period of thne. Wc will rcpozt thc condition of observed suspect lead p~at as good, ~stiv~ lead l~tint bulk..l~int chip ~mple~ will b~ c~ll~ from ~ch area of su~l~ct lead u.s..oe~,m~t of ~o,~i~?x~t Vrb~ z~-w, tOl~.~t (h'Vo) or ~A k~d paint ~ or rt~,ulati .ohs. We ~wvey wBI !~. limited to a total of lO lead Print bulk maPle~ per ~,. Samples will b~ obtainea:l in readily acx:~z~l, ar~s only. We will not pedom destr~tive · '~V.'~ for,'_,?b~is, rh~ ~ may~ ~ ~ ~o~V~ not found ~ our survw. turnaround ti,me for lead-pa.'.~..~..a~yr, is data is alaxoximamly 10 working days. JAN 16 2004 19:32 FR LAW COMPANIES 3~5 826 1999 TO 3055948616 P.06/13 Boynton Bea~ F/onten '~ Club, 101 South Federal Highway, Boynton Beach Jtt~t#ttry 16, 2004 M~ CTEC Engine#r~ng and Conntlting, Inc. Proposal No. PROPO4MI~M Task 31 T_~k 2C ~ lJmit~! V~s~lM_Survm, for Sus~ MoM ~ ~ of o~ ~ of ~ f~ ~ ~j~ ~C~C ~C ~ ~~ o~ ~ ~s ~g ~e ~ of ~ mo~ ~ at ~ ~ ~d ~1 l~k f~ ~&~o~ of ~~t ~ ~ ~d ~ible ~ ~ ~. ~ ~11 ~1~ oberon of a~b~ ~ o~y ~ ~ not ~I~ ~ive ~ ~ ~dd~ ~~ ~h'~ h~.~y! ~1 ~v~ ~ ~ ~ a ~~ mold TASk3 - pHAss ~ ]~NVmONSm~nL srr~ Assess .stupor MACTEC F.~C pmpoa~' to pm'form the Pha,~ I ~nviroameatal Site ./L~essmm~ in general ~.~ ..with tho Ameri~m Society of ~ a~d Mztaials (.ASTM). m~27.0o ~ fon~.' s.~ tl~ maj~ poaions ofaic We~~a~~~~ m~r~o~~ we:. ~.~ ~u.~ ~-~.~~-'f~ ~ ~~ to ~!~ ~ ~. ... ~ > . :.-- ' ': ..$ . L " . : -: ~ ' . . .:': .... ' ..' .. ...... !' ..~.. '":'~ ::':"""'~'"" . ..' ' :': ~''"' "'.-h ~::::.:' ' ' :' 2' . : -.!::' '. ............. JAN 16 ~004 i?:G~ FR LAW COMPANIES ~05 8~G l?gg TO ~055g~861G P.07/13 Boynton Beach 14'omen's Club, 101 South Federal Highway, Boynton B~ January 16, 2004 M,4 E'l'E C Engin~ring and Consulting, ]nc. Proposal No. PR OPO4 ML4M Task 31 In addition, wc will m-view up to five local n:gulatory filcs for tha site (if any) and for nearby ~ facilities with a sigaificant potential for impacting the si~e, as dec, at approtai~c, Should additional reviews be prudent, we will contact you for approval for an in~as~ in our ~ of aetwicea and fees. · We will pcrfonn a vehicular rcconnaissance of the accessible PrOlx~tlcs in the vicinity of th~ (approximately l/4-mile radius), of the site. Thc propose of the reconnaissance is to verify th~ location of listed solid waste, ha,ardous matefial/wa~ and peu-olcum h_~.,,tlln~ facilities. This will help asscss whether neaxby l~d use has an obvious potcntial to have had an mvironmcntal impact on · ' W© will revi~ other selected, readily available backlp'ound and historical Sanborn Insurance Maps, and provided geotechnical rgx~. Wc will rvwlcw readily available historical information to' .evaluate the obvious usc of the subject sim dating .back to at least 1940. Wv will also review t~h,.'s informalion for obvious uses of the adjacent prolna'ges. If made available to us, we will review reports of previous environmental serviccs Inrformcd for the property. Wc request that any such documenrz which real, assist us in evaluating past or present . land use be furnished to us. · If provided to us. wc will ~-vicw a- ~ chain of ownership documcat for indications of past and present on_silo operatiollal ixzctices. Wc ca~ ~ thls doculllellt for all additional fee. This doclllmmt wotlld be obt. sined as part ofotlr serviccs' for informational purposes, only and we would not warrant the ~. ~ of the document Upon complcti~a of the authoriz~ SCOld'of re'vices writtm repc~ (2 COl,ica of each ~port) of our findings, conclusions, ired rccom,~adations will bei.-zued. As aa option, a draft copy of the ~x~rt can-lc initially lxovided for your review..Followiug'· your review and our receipt of one set .of supplemea~ a~,scismcn~s' ar~ wammaid, this wouldlbc addrmsed in Our report. ~ OTWgli AV.iIIABI.g SERVICe3 : Although not included in thc pfogoscd scope of Serviccs, for a~ additional fee, w~ can provide sampling and laboratory testing of soil aad' .8mua.dwatc~. MACTBC B&C rccommm~' non- ASTM :amwicea on occasi~t for both dev,. oped and undeveloped acquisition sites. Typical ~loped ~~ could, watraat threatea~ ~r ~ada~Scr~d species, wctlmd, .arclu~lo~!, ~eoiosicai, noise, and eaviroameatal ~ sa-vices. Ik, vel~. properties in some compliance audits, and lead in drlnirlnl~ water sampl'.mg and analysis. JAN 16 ~004 17:~ FR LAW COMPANIES 505 8~6 l?gg TO 3055948616 P.08,'1~ Boynton Betwb ~om~n '~ Club. I O l South Federal Highway. Boynton B~ach January 16, 2004 M~4CTEC Enginetriag and Consuit~ngo In~ Proposal No. PROPO4MIAM Trak 31 BROBOSED FEE Ta~k 1 Proper~ Condition Surve~ Lump Sum ....................................................................................................................... S4~00 Task 2 Limitmi Asbestos, Icad Paint and Suspect Mold Snl-Wy Lmnp Sum .......................................................... ~ .......................................................... $3,275 Task 3 Phase X gnviro,_.m..ental Site Assessment Lump Sum ....................................................................................................................... $2.900 ToU],F 0sed Fee .... ....................................... SI0 ?S Our fee includes two report copies for each Task. Should you want to include the "draft report". .chn/n.-of-titlC docummt for the Phase I Environmmtnl Site Asseaanent, you would be invoiced th= actual. . cost, ptus a 25% mark-up, supplcaxaml c~nsultation as a result of our'findings and- conchuimm is not included as part of our scope of aa-vices descflt~ed herein. Should you desire. this, ~vtt wflI ho clmracd at thc following rates: Pt/nc/pal Prof_~__!_~_-_~]_ ............................................................................................... $130/hour .. Scni~.Yrofuuional ................................... ~ .................................................................. $110/hour Project Prof~.'onaJ .................................................................................................... $ 9S/hour S~ .fessim~ ......................................................................................................... $ 80/hour ~eehaician .................................................................................................. $ 45/hoUr. Cl~cal .......................................................................................................................... $. 35/hour · At the completion of our services, a ~ invo'.w~.will be issued. If unforcacen ~. deJay complcti0n of Our ~ for greater thn~ 30 days, .we will issu~ an invoice for services compS. cvcry./'ourw.oeks. Payment of the invoice is due :ulxnt reee/pt of our report. Uponlwmple//on of the a .uthori~ sco~ of ~ we will i.r~ wr/ttcn rcpofls.of our Repo/ts..should be available .within three wecb~ after our receipt of your wriam nuthm/zafi~. .not m~eet your.- needs,, p!ease'eontaet us so we may'aCCO--,~odate your se .hedule,.....We.will rdy on you to' o.btain'.the'nccumry clcaranccs:to!provide access to us. Nommlly; the properly ~l- · · '' ". - .' ":'i.: '.: ",'. !:..' ' .i ' · ' ' ' '~... .:'.' . .... :.. ~-. :.t .~ .'. JAN 16 2004 19:54 FR LAW COMPANIES 305 826 1999 TO 5055948616 P.09/15 Boyntoa B~ach 14zon~n '~ Clt~b, 10] South Fe~te.,-ai tligtnv~y, $oy~on ~eaelt darmary 16, 2004 M4CTEC Engi~e~.rmg ami Cor,.~/~g. Inc. Proposal No. PROPO4MIAM Trak 31 AUTHOI~r..q, TION To ~ccept this proposal, plcnse sign and return ~hect (I~,VAS). (Our ~ ~v_m__.l:,cr i~ 305-826-1799), This Proposal, with the Terms nnd Conditions rc~iw to this Proposnl should be Listed sad initial~ on the PWAS. Sinc~ely, MJ~C F_.~O~~ Am) coNstm'r~c~ I~c. Brian J. DuChene, P~E. ~i~on.: Addrer,,~ (2) JAN 16 2004 17:34 FR LAW COMPANIES 305 8~6 1799 TO ~055948616 P.10/i~ ~I~L~CTEC PROPOSAl/WORK ACCEPTANCE SHEET f~ Eu~e~ Si~ As~smen~ ~r ~~ Con~Uou Su~ T~S ~ CO~O~S ! of 4 JAN IG 2004 17:55 FR LAW COMPANIES ~5 826 1799 TO 5055948616 P.11/13 , pmposui No. PROPO4MIAM - TASK 31 Claim shall be scttlcd in 8ccordsnc~ with the Arbitr*~=~n Rules which ar~ most applicable to thc Se~cc~ and ~on~tent with.thc tcmu of this Agrecm~t Th~ m~n-amr will be so[~:~l by nmmal alp~trfnt of Ibe p~; provided, ~, that if thc lin'tics cannot a~rce on the ~iccfion of an arbitr~r, n party may d__~,u,_~d that th~ mbiMttor be r~lectod in a~Gordanct with the Arbiuution Rules; p~vidM, thst tl~ mbitzator flMst be knowlcdSubb of and well vtTJ~d in th~ $~Mces which are in dispute. F. acb IMKY will ~ its own corn of tAt m~oitxst~on, in~indinS i~ otmmc~' fc~ pmvlded, how,~-r, taut ~ loins pafly sbell r~iuirnd to pay one h~dredj~rcem (! 00%) of tho arbitrator's rise. The arbitrator may not ~ any s~-~ly that a eoufl hnvins jurimii~tlon over tbe Claim could not awmf. The arbjtrnmr will apply thc 90vcrning law s~ forth in Section 20. as it c~sts on thc d~tc on which thc Claim m~e. The mbitmtion shall be go~'n~d, by th~ Uni~l States Arbim~tion AGt, 9. U.S.C. § I ct seq. and shall bo cntn~ an ~ final nmi binding judgmmt. Th~ pla~ ofth~ mbitration shall be Atlanta, .~, NOTI~ REGARDING CLIENT'S A~ON OF Rt~K A~D ADDITIONAL SERVICF. S OPTION& Sim~ a P~m~ l BSA and a ~S is surly and no1 sn ~asiv~ inv~fign6o~ and a Pha~ XI E~A is n minimally inv~w invr~tigstion tlat o~Ji~ commonly ~ e~plomion ~ (r..B. d~lling. ~x;urfimc sampling} to tnJ~ poundwuftr, ~il ~ ~ I~mpl~ only in limited areas whe~ fbe pre. nee ot-,.Afltnm~ _a~m iS ~, CLIENT understands there is n risk that 0) ceflnin past and prem~t conditions, blent and otherwise, misht not be delec2d and t~-ported by MACT~C and (ii) contamination of previously uncontomin__m~__ soils and/or wutur, including wn2r-benring ~ whh:b are c~able of spreading ConMninants off-site, as well ns on.~ites might occur ~*ven iflh~ S~'viccs are perfom~d in m:~ol~danco with tl~ Stemiard of ~ Such conditions inc~ndc, tnt ar~ not limited to, dm irenanca of UST's ~ nmy have been installed und/or tunowd prior to performing a Phme 1 or Plmse I11~SA, shofl-t~rm u~c8 (Senerdly less thnn I 0 M) that may not be mflectM in n~Lul photoSraphs or other information that is readily available at tbe limc a Phase I ESA is j~'formed. ~be presen,-- of comamJ~ation in u'cas where it was not susi~xg~ at Ihe time a Phasu H is l~rformed, or conditions in roofs, buildinp aM o~'~r ~meturer., and vatiou~ components thereof, ~ given ~ non-in~unive n0mm of the Services and/or limited vis~Uty or ncms~oility, n~ not ruddy obso-vable nt the tirnc ~ PCS is preformed. ~.n:NT und~mmdA that a PCS is normally imrfurm~ by a person who possesses a Sanernl knowledge of multiple buJldin$ sys~ms, but is not a spe~-ialist tn any one offlxxse sysmms. If CLIENT wjsl~s m have one o~ mom systems ~ by mo~ cxpcricnGcd lxnsonne], O..IENT has tl~ ol~ion to request MACrBc to po. form a mor~ cxtcmi~ PCS, as ~o~J~ Servieas, with u ~_-;- ~g ~ in eO~.__.~.'_ b~ing pa~.ble to MA~. AIM. n f'n.,~., invnnive, and other sp0cial hgspectJo~8) can be pe~fornsf fur ~o~s, ~ m~d oth.r ~ ,md ~ ~ ff~'eo~, ia Lieu of a visual survey as sdditJond Service~ with a im:n~ase in compemstion 1x~g jmyable to MACTEC. If CLIEXT does not rt~quest such addltiomd Services, ~ nsreas that MACT]~ is in no way liable for nny Clnlm ~r Liability for a ~ondifion whinh such additional Smvlces mlghibeve deloc~d. CLIt~q4'T agt~-s thut MACT~CIn notnn insurer or ~ulntor ofth~ p~pe~ tha~ is ~he mh~ect of the Strvle~ or tl~ ~alu~ thief. 6. DAMAGES AND I2M/TAT[ON OF L~KBILFI'Y. ~ INCLUSION OF A LIMITATION OF LIABILITY PROV~ION IN THIS AGREEMENT l.f~D~ TI~ TgRMS SET FORTH Bg~OW iS A MATE]HAL CONSIDERATION FOR MACTEC'S WILLINGN~' TO ~ Ti~ ~ERVI~. ~ H~.,B¥ EXPRESSLY AGREES THAT TE~ LI[ABK.ITY OF MACTE~ IT~ PARENT, SUB~IDL4~.IE~, AFIqL[ATES AND ~UCC~OBS AND A~S~GN~, FOR ANY AND M.L CAU~t~ Olr ACTION WHA~~ ~qtS~NG OUT Oft OR IN ~O~ WITH THIS A(':u~'Al]l~N'*r, A]qD/OR ~ S]I~V/CI~ PER]N~'D AND WORK PRODUCT DEVELOPF, D PffRSi./AN'r TO ~ AORF, EMENT, ff FOR THOSE C.A~ O17 A~FION P*OR BODILY INJURY (INC*LUDING DF.,ATH) ANEI~OR P~tOI*~,RT~ DAMACI~ FROM AN ~C*K C.4kUSED BY MAt3'E~ DURING THK PERFORMANCE OF ITS FIY.,LD OPEHA33ONS. SHALL BE LIMITED TO TH~ AGGJLF.~ATE SUM, IN(X.USIVE OF AMOUNTS PAID TO SECONI)A~tY (X.i]tNTS, IF ANY, TO WHOM WORK PRODUL'F IS UNDER A ~..CONDAR¥ ~ AG3tKEMENT WITR MACTEC AND TO ANY OTHER THIRD PAJRTES, INCq_.LVDING ATroRNEYS' FEES AND ALL OTHER LITIGATION COSTS AND EXPENSES, IF ANY, TIlA'f MACTEC IS OBLIGATED TO PAY, OF $2~,000 OR Tf~ TOTAL FEF. S PAID TO MACTE~ BY CLJEN'F UNDER THIS AG~, WRICTIEVKR IS GREATER. ALL THIRD PARTY BgNEItlCIARIES TO THIS AGPElZM~NT, IF ANY. ARE INTENDED TO SE AND HEREDY A~qE ~OUND BY THE TERMS OF THIS LlldlTATIOtNi OF LIABILITY AND THE AC~RF.~AT1E LIAHTATION OF IAABILITY CONTAINED HEREIN. ~ DETERMINATION OF DAMAGES FOR WHI(3t MACTEC MAY BE LIADLE IS SET FORTH LMMEMATEL¥ BELOW, nUT IN NO EVENT SHALL f;XA~EF, D THE LIMITATION OF LIABLITY SET FORTH'AJ~VF- In the event What MACTEC fails to. pufonn in acconiance with the Standaflt of C~re which is npplieable to the ServieR, CLIENT a~ee~ tl~t the danmScs for which MACI~¢ shall be liabts shaft be limited to tht proportion of damages whi ..~. i,s aun~mtablc to MACTRC's . _lpgconut~e of fimlt. Further, in the event What MAL-'TE~ fm'ls, in ~ am.ESA o~.a ~ tQ diseover n~t rclMrt, or d~scovc~ but mis-rCl~rt~ a deficlcnt condition in violation of the applicable Standmi of ~ Ibc JjnbilJt~ of MACTEC, and ~,]]~IT's exclusive remedy, For any mad sd] dmm~cs which result thefc~ is lim~:d to th~ q~st ~ ~iths~ Jt'm~dy dJc ~,d~vered condi~onot to plnoc ~he prope~ or applicablc portion thexeofin the c~ndition that wus mis-relnCSm~ted in MACTEC's ~ ns npplieable, but in no event ,k, dJ MAC'/T~ 1~ linblc for the entire erst of rcptm~nS thc pmptn'ly or portion thucof thst is eui~cct to tb~ dc~icnt cond]tlon; provided, in the event that MACTEC has p~rformed nn ESA in violmian of the npplieable Standard of C~fc and a~ sttch deficient condition c~dt bo remedied for a rusonable cost, ~h~ sA2tu~i linbflity of MA~ will b~ limiind ~o th~ read,mt diminution in wlu~ of~ M'oP~ oa which U~c ESA was lx:n~mnM that is m:tanlly r~sliznd by ~ in nn 8rr~ lf2~th disposition of such properS, ~ lxovidf~ in the e~nt tlutt MACTEC hns perf~rm~ n PCS in vjolnttoR of ~e applicable Stmdard of Cme and the property or portion th~cof~hut is subject to the deffci~nt ~ndition ~Anot be repslred for a renmtuble e~ bm must be rcpbccd p~or to th~ cnd of it~ rueful life, sR ils useful life w~ rel~eemt~ by MACTEC. she ~ liability of MACTEC will be limited to the mlno of ~he ulefld life of ~e ~ or poflion tberoof for wbi~ ~ did not receive thC benefit of'its rL-lnu~ntcd umsful life. This valu~ ebdl b~ un amount oqud to the full ~ ms* of pmparty or portion ~-reof, if and whan rqdaced, multiplied by n fraction, ~ nuntm~or of which is thc amount of said useful lib which was lost by i~un~b~ rcplnccment trna the denominator of which is tho usc~ life. n~ reMmcntM by MACIT~, of thc r~plac~ ~ or portilm tbemofthat was ended premmurely. 7. IND~ DAMAGF.~. ~ PAgrY SHALL BE RF. SPON~.BI~ TO THE OTHER on. TO ANY TillM) PARTY FOR ANY F. CONOMIC, CO]q~SEQUENTIAL OR mC3~)]ChTAJ~ DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFITS, FINANCING OR REPUTATIOP0 ARISING OUT OF OR RItI~TINC TO Tiffs AGRKEMtNT OR THE PRP. FO[tMANC~ OF THt SERVI~ItS. MA~fEC's sole pruperty, as -,*h,,r md owner, and MACTF~ hen:by rcsm~s and shall main all ~mnnon law, smtutmy and mb~ rights there~ inotudi~s cop~ MAL"13~ may retain ~pic0 of any or all Work Prodm:t and Ct. llR~-pmvtd~l docmm~ ¢~ ngm~ tim ali Work lquduct ftwnished CL1]~ or in nlpml~ or dni~no~s, if not l:f~d f~r or ifimpmperly Used, will be nmtmed upon 0~ ~ ~1 ~ be U~ ~ ~ ~ ~. 2 of 4 JAN - Proposal No. PROP04MIAM - TASK 31 CLIENT ~.imowi~daes th~ ~ Wo~ ~u~ ~s in~ ~r th~ ~au~ ~ ~ b~t of, ~ ~sF ~ ~lJ~ ~u o~ ~. ~. CLOT d~ no~ ~ ~'s ~ ~ ~ ~ of ~ Wo~ P~ or ~r di~o~ of ~ W~P~ ~t ~ ~ ~ ~l~ If ~ ~ ~ .~ ~ be ~ ~ or ~ng C~ ~ ~ ~ ~. ~~m~~m~i~of~Wo~M~~~'sp~. ~ ~~,~~ld U~ ~'s ~ W~ ~du~ ~ ~ p~ on ~e ~ how~, ~ ~ ~ ~n~ ~ ~ ~1 ~ ~e offi~ ~L ~C ~ ~ ~ ~p~ of~ ~ ~1 ~e ~in~ ~ ~ ~ ~ ~~~ ~ 1~ If ~n[ is ~ ~ ~ ~! ~ ~d~ ~ C~' or ~ ~'~C ~n ~ ~ of ~ ~ at ~s do m ~ ~ ~ of~i~n of~ ~ ~ ~1y i~ ~ ~ ~ 0~ S~ ~ ~1 ~ ~ ~ ~ m~ d~ m ~ ~ ~ ~igy~ ~ ~i~ ~C. ~ n~y~lo fi~ ~ ~ ~~ ~, ~ ~fi~tm~~of~l~ ~ ~~ ~ ~ ~ ~ ~ ~1~ or W~ ~n ~~a. ~C w~ m~ (i) ~ ~ S~ ~ W~s ~ ~ ~ ~ ~ ~ (ii) u~g a ~r. At ~ fi~ ~!1 ~ ~ i~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ all ~.~ ~ ~ ~ ~ ~ ~ n~ ~ ~1 of or ~~ ~ ~ Si~ or ~ ~) ~ ~ of ~ Si~ or ~~ ~ ~ ~ m~ ~~ or 3 o~4 JAN 16 2004 19:59 FR LAW COMPANIES 3~35 8P6 1999 TO 3055948616 ~ ~ N~. PRO~M~M - T~SK 3 I ~6. ~CUS~E D~Y- ~ ~ m ~ ~ ~ of ~ A~ ~ li~lc ~ ~ due m dc~ or ~1~ ~ PA~ ~. ~ ~ m ~ ~ ~ ~ ~e of ~'s ~i~ ~n ~ ~ ~ ~fi~ ~ ~ ~ ~n 10 ~ ~m ~ ~ ~ ~iM of ~'s ~i~ ~ ~ ~r ~c o~on, ~ ~ ~ of ~'s ~i~, ~ ~ ~ ~ ~ ~ A~ ~ ~Js A~t ~ ~ ~ ~ ~ ~y ~m one ~ 21. O~ ~ ~, ~ i~ ~ ~ ~ ~ ~ ~ ~n~ ~ for ~1~ of m~ ~. ~~ ~1 of~s o~i~om ~ ~ifi~ ~i~. ~ ~t IJ~ ~. i~ i~i~fiou obli~ ~. ~~. ~ ~t ~ ~ ~ ~ ~ ~ ~ ~t ~ ~or ~ ~n of ~e 27. A~Y A~O~. ~ ~ b ~ ~ ~ ~'s ~, ~.,~ ~1 ~ ~ ~ ~ Print. Nlune trod Title Pt4nf Nnme an~ Title >wu TOTf~_ F~qGE. 1~ l'X. - CI'TY MANAGER'S REPORT CITY OF BOYNTON B I'TEM E AGENDA ITEM REQUES. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)C:> [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon)..~TM [] May4,2004 April 19,2004(Noon) [] July6,2004 June 14, 2004 (Noon)t,.~O [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) ~ o [] Administrative [] Legal co NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Review of Arts Commission recruitment program and direct City staffby motion to market availability of volunteer opportunities with the Boynton Beach Arts Commission. (Ordinance 01- 64 is attached) EXPLANATION: An Arts Commission was established by the City Commission pursuant to Ordinance 01-64 on January 2, 2002. The Commission was not activated due to other prioritied of the City. In order to benefit fi°om the services that an Arts Commission may provide, it may be necessary for the duties and functions of the Arts Commission be "marketed" to interested prospective members in the Community. The Arts Commission consists of seven regular and two alternate members who are citizens or business owners preferably with backgrounds as artist, art volunteer, planner, private developer, architect, neighborhood association member and interested citizens. PROGRAM IMPACT: Establishment of the Arts Commission may serve as inputus for new public art and sculpture in the community, especially in the downtown area, Martin Luther King Boulevard and other developent corridors. FISCAL IMPACT: Not known at this time. The Arts Commission may develop a proposal for an development impact fee similar to the Parks and Recreation Fee to be used to fund public art in new development projects. ALTERNATIVES: Status quo and leave the Arts Commission Dormarl{. Department Head's Signature City Manager'~Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN',FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY 'OF BO. YNTON BEAch, FLORIDA, AMENDING CHAPTER 2, CREATING A .NEW ARTICLE IX~ OF THE CODE OF ORDINANCES TO PROVIDE FOR 'THE CREATION AND ESTA'BLISHMENT OF THE BOYNT.ON BEACH ARTS coMMiSsION; PROVIDING FOR THE PURPOSE AND .DUTIES O'F THE ARTS C..QMM/SSIO N; PROVIDING FOR 'THE ORGAN]ZATION 'OF .THE ARTS COMMISSION; PR:DVIDING FOR MEETINGS OF THE ARTS CQMMISSiQN; PROVI'D~tNG FOR THE. POW:ERS; P~QV!:.DING FOR cONfLICTS, SEVERABILITY, CO:Di FICATIO N AN D .AN:;EFFECTiVE DATE. W.HEREAS, a Strategic' Initiative Team has advised that establishing an Arts Commission would asSist 'in the development of a Community Identity of the City; and WHEREAS, the City' Commission of the City of Boynton Beach deems it to' be in. the best interests of the general welfare of the citizens, of Boynton Beach to: provide this public service to the community. NOW,.'THEREFORE,.'BE IT .ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON :BEACH, FLORIDA, 'THAT: Section 1. That Part I, ChaPter 2,. Article IX, is hereby created as folloWs: ARTICLE IX. BOY-NTON BEACH ARTS COMMISSION Sec, 2'-154 CreatiOn of Commission. The city commission, in accordance with the powers vested in .it, herebY creates and' establishes the Boynton Beach Arts :COmmission, hereinafter referred to as the "arts Commission,,. Sec. 2~155 Purpose and Duties (a) The. PUrPOse of the' arts commission is to advise the City Commission on ~ma'tters related. .to.the arts, tOdeVelop a plan ..and:programs. to .prOmote .'and support art 'in public Places, and to. recommend guidelines and funding, forimPlementation. {b) It shall be the duty of the:.arts .commission to act as an AdVisory ..Boai;d: to' the CitY. Commission..in. Providing' advice, on' matters::!relating to the .ViSuai".arts. · (c) The arts commission may develOp a public art plan and program fOr the city: (d) The arts commission may recommend funding sources including private sources and grant funds; enco.urage public 'and. private partnerships in the; arts; review and make recommendations· on: Proposals for art Work for public buildings and pUblic-spaceS; encourage, the flow of art into the city; stimulate art.':related activities and events; study issues related to art and implement .art programs' as delegated to it by the City CommisSion from time to time. (e) The arts commission shall .periodically advise the city cOmmission of its findi'ngs: or propOsals with respect to the foregoing issues, and make recommendations tO the city commission 'on any matter referred to it within as much time prescribed :by the city' commission. Sec. 2-156 Organization. (a) The Arts Commission shall consist of seven (7) regular members and .two (2) alternate members and serve at the pleasure of the City Commission. (b) All members of the Arts Commission shall be appointed by the City Commission for three-year staggered terms. The two. (2) alternate members shall be. appointed to one-year terms. All. members may be reappointed at the pleasure of the city commission at the termination of their appointment, with. no: limit as to the number of terms they may serve. (c) ApPointees to the Arts Commission shall be citizens or. business owners preferably with the following background: Artist, art volunteerJactivist; planner; private develOper; architect; neighborhood association member; interested· citizen.' (d) At.. the organizational meeting of the arts · cOmmisSion a.chairperson and. viCe,chairperson Shall be selected by :maj°rity vote of the arts commission. The.chairperson and 'viCe',ch.a.irperson. shall :be .selected annua!lYat the anniversary of the'~ firs~:.':meet[ng: of thel. ar'cs commission, O'r at: the NOvember meeting, of the. arts commission Sec,.. 2-'157 ' Meetings. The .Arts 'Commission shall meet at an appropriate place and shall arrange a time for hOlding: regular meetings of the arts commission, iand. for such other meetings as shall be necessary, and it .may add 'to such rules of organization, regulation and procedure as.it may deem necessary and determine the duties of its members and officers. Other sPecifications· for conducting meetings'~ :such as~the number needed 'for a quorum, shall, be in conformance with SectiOn i 66.041.(4), Florida ·Statutes. Sec. 2-1.58 Powers. Nothing in this article shall be construed as restricting or curtailing any of the powers of the city commission, 'or as a delegation, to the arts commission of any of the authority or discretiOnarY poWers vested and imPosed by law in the city cOmmission. The city commission declares that public interest, convenience and Welfare required the appointment of the arts commission t° act in a purely advisory .caPacity to the city commission, for the purposes :set forth in this article. Any power delegated here to the arts commission to adopt rules and regulations Shall .not be construed as a .delegation of legislative authority, but .'purely a delegation of legislative =authority. Section 2, All ordinances or parts of ordinances in conflict herewith and the same are hereby repealed. Co~-rim~i~ 0~1 rovl21OO!.doc. 3 Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction· to be invalid, such deciSion shall not affeCt the remainder of .this ordinance. Section 4. Authority is hereby granted to codify said ordinance. · Section:f5:.. Th·is ··ordinance shall·. become· effeCt:ive :immediately upon pass·age·. FIRST READING this ~8. day 'of ~~.~001. SECOND, 'FINAL READING' AND .PASSAGE this ~ day of Jo~Ua't'.~' , 2002. Cl~ 0 BOY ~o B CH, FLORIDA ATTEST: · ~mmi~sio'ner commms~o:ner ~. _. ; :",C..A.\~'dinaaces~ :-i~tJ'~'~.-t s Co-~',~ O~d m,¢12~001 .doc 4 XII. - LEGAL ITEM A.1 CITY OF BOYNTON BE AGENDA ITEM REQUEST l 'Ol avl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May ! 8, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business .-a ~.-< AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business --- RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request on March 16, 2004 under Public Hearing and Legal, Ordinance - First Reading, with changes regarding height exceptions and open space. Appropriate changes will be incorporated into the ordinance for final reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-045. EXPLANATION: PROJECT: Suburban Mixed Use Zoning District (CDRV 04-002) AGENT: City-Initiated DESCRIPTION: Request to amend Chapter 2, Zoning to establish a Suburban Mixed Use (SMU) zoning district to support and enhance development and redevelopment opportunities in suburban areas outside of the downtown redevelopment area. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES:~ ~ Developrd~t Department Direbt~r City Manager's Signature Planning and Zo~ctor City Attorney / Finance / Human Resources S:~Ianning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV-SMUXAgenda Item Request Suburban Mixed Use Zoning Dist. CDRV 04-002 4-6-04.dot SABULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNZNG AND ZON~'NG DI'V];S~'ON MEMORANDUM NO. PZ 04-045 TO: Chairman and Members Planning ~~:~nent 8oard FROM Dick Huds~, ~A[CP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 17, 2004 SUB.1ECT: Suburban Mixed Use Zoning District (CDRV 04-002) NATURE OF REOUEST Staff is proposing the addition of a SMU-Suburban Hixed Use Zoning District to support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area. BACKGROUND Compson Associates requested the consideration of a mixed use zoning district for use in the Renaissance Commons (fka Motorola) Development of Regional [mpact; however, staff proposes the district as an alternative to the development of this and other large parcels of land under the existing C-3 Community Commercial zoning regulations. Under the C-3 regulations, portions of a site may be developed for residential use; however, the regulations do not encourage a true integration of commercial and residential uses, and basically perpetuate the suburban "strip centers" that offer little or no connectivity, allow large parking lots adjacent to major roadways and do not yield large projects with unified designs. ANALYSt'S The accompanying drat~ ordinance is comprehensive in that it Includes provisions for all aspects of development, including permitted, conditional and prohibited uses, minimum lot sizes, frontages, setbacks and coverages, as well as supplemental landscaping requirements. This analysis describes only selected aspects of the proposed ordinance. A rezoning to the SMU district must be accompanied by a master plan to guide the development and cleady show conformance with all applicable design requirements. A maximum density of 20 dwelling units per acre and an intensity of 1.0 floor area ratio are possible. Haximum structure height is proposedat fifty-five (55) feet, with an increase as a conditional use, to a maximum of seventy-five (75) feet indusive of all architectural details and provided that the structure is separated from the property line by another building with a height between thirty-seven (37) and fifty (50) feet in height (1/2 to 2/3 of the 75 feet). A minimum height of thirty-five (35) feet is also proposed for buildings fronting on arterial roadways, to create the appearance of two- story buildings. Page 2 CDRV 04-002 Suburban Mixed Use The list of permitted uses is basically taken from the uses allowed in the existing C-:t, C-2 and C- 3 Commercial zoning districts. As with the urban mixed use districts, a majority of the uses are required to be integrated into mixed-use structures. While the proposed regulations allow some uses that fall into the "big box" category, a size restriction is proposed, along with requirements for design elements, such as articulation, varied rooflines, columns and other decorative features, to break up large wall expanses. The maximum front setback along arterial roadways is proposed at ninety (90) feet, including a mandatory twenty-five (25) foot buffer and landscaped berm. This will limit the amount of parking between buildings and adjacent to major roadways, and would also soften their effect. Landscaping requirements, in addition to those in Chapter 21, are aimed at creating pedestrian- friendly streetscapes and encouraging the use of more mature plant materials. Variety in spacing of trees is encouraged, to create vistas, where appropriate. Rnally, procedures are included for master plan approval at the time of rezoning, as well as for master plan modifications. RECOMMENDA'I'~ON Staff recommends that the proposed amendments to the Land Development Regulations, Chapter 2 - Zoning, to add the Suburban Mixed Use zoning district and related regulations be approved. [f there are changes or additions recommended by the Planning and Development Board, they will be included as Exhibit "B': Exhibits S:\PLANN]~N~D\WP~SPECPRO3\CODE REV]EW~CDRV-SMU~CDRVSTAFFREFT. DOC Chapter 2, Zoning, Section 6. G. SMU-Suburban Mixed Use Zoning District 1. Intent and Purpose. The Suburban Mixed Use zoning district, which shall only be applicable to lands located west of 1-95, allows for a diversity of land uses and accommodates and encourages a mixture of residential, office, retail, recreational, and other miscellaneous uses, which may be arranged either vertically or horizontally on assembled parcels along major arterials outside of the downtown redevelopment district. All development and redevelopment shall be guided by an approved plan through the use of the SMU master plan, planned unit development, conditional use, or other site plan review processes. The objectives of the Suburban Mixed Use zoning district is as follows: a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area; b. Cr~or l~l~xed-usl~ are~tions with appropriate densities, hei~ts,~d.l~Xtt~s of~; I 1 c. Crealatt~ti,~'l~stri~_~ro~ts thrlgh appropriate separation from and des~~lar~tio~re~l ' _.8._ d. Provide public plazas and gathering places that are both well- designed and integrated into the overall design of the development; e. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development; f. Create higher quality environments for residents, businesses, employees, and visitors; and g. Encourage innovative design that achieves vertical and horizontal integration of uses. 2 SMU (Suburban Mixed Use) Zoning District ~,~t t ~'~..*....~.,... ~,[1..~.~ t T,-,~'~ '7.-,.,..;.,..,... t~;~+~;,.,+ In order to complement the redevelopment and envisioned ~rowth of the suburban area, the SMU zonin~ district shall only be applied to lands west of 1-95 classified ~ Development Regional Impact (DR0 or other land use classifications subsequently established on the b. The SMU district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows a maximum height of fifty-five (55) feet and a residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55 feet and up to 75 feet to the peak of the structure. or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use), if approved as a conditional use. The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new suburban mixed-use $:~Planning~D~WP~PECPROJ~CODE RE~V-SMU~uburlmn ldixed Use text 2-25-04.DOC developments within this district shall front on a major arterial and contain a mixture of retail commercial, office and residential uses. 3. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified as Permitted "P", Conditional "C" or Not Permitted "N:'. Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted. TABLE 6G-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES Residentia~r.l~dg~( ~kG~up ~. ~ Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family P Temporary Sales Office P Temporary Model Residences P Boarding and Rooming House N (except where provided by state law) Accessory Unit P Government Office/Civic Center/Library P Recreation (outdoor) C Museum P House of Worship . P~ Police or Fire-Rescue Station P Postal Center (retail sales only) p2 Post Office P Public Park P Public Parking Lot or Garal~e P S:'~Iannin~SHARED~Wla~PBC~ROhCODE REVIB'~'DR¥ -SMU~ ulmflxm Mix~t IJs~ text 2-25-04.DOC 2 USE GROUP/USE SMU ZONE Office Use Group SMU ZONE Banks, Financial Insttufions p2, Medical or Dental Clinic Medical or Dental Office 1 Physical Therapy Clinic p2 Professional Business Office p2 Real Estate Office p2 Veterinary Office or Clinic p~- Sales and General Commercial Use Group SMU ZONE Alcoholic Beverage Package Store p2 Ammunition or Firearm Sale or Rental N Animal Boarding ~ ~el-(~ K only)~ Animal Grooming I I t I ·! 3 l J~" I 1'2 Animal Sales/Pet S~psl W~ffi I1~ F~i ~s I ] I P2 Antique Mall/Flea~lm'l~'t~ ~ .l~ ~l ~ N Arts, Crafts, Hobby and Framing p2 Auction House N Automotive Parts Sales w/out Service p2 Automobile Sales with Display N Bakery, Retail p2 Bicycle Shop Boat/Marine Sales/Rental N Boat/Marine Accessories p2 Bookstore Building Supplies or Materials N Bus Terminal N Camera and Audio Video Equipment P~ Contractor's Office/Equipment Storage N Coffee Shop Convenience Store p~- Custom Furnishings and Antique Stores p2 Cyber-caf~ p2 Delicatessen p~- Department Store <80,000 s.f. P Department Store >80,000 s.f. C7 Dive shop and InstruCtion as Accessory Use Drug Store or Pharmacy pO, Gasoline Sales with/without Vehicle Service N Grocery Store, Supermarket P~ Fitness Center p2 S APlanning~SHARED~WI~SPEC~ROJ~CODE REVIEW~DRV-SMU~ulxn'Ixm Mixed Use ~xt 2-25-04.DOC USE GROUP/USE SMU ZONE Sales and General Commercial Use Group SMU ZONE Florist 1>2 Furniture Store p2 Hardware Store , p2 Health Food Store p2 Home Improvement Centers C7 Household Appliances and Parts p2 Jewelry or Cosmetics Store p2 Linen and Household Goods p2 Luggage, Purses and Personal Gear p2 Lumber Yard N Membership Club C7 Music Store New Clothing, Shol orl ~x~or~ Newsstand I [ ··k ~ k I I I p2 Office Supplies ~ ~ l~ ..l~. ~ ~ p2 Outdoor Storage or Display N Parking Lot for Commercial Vehicles N Parking Lot or Garage, Private Ownership P Personal Watercraft Sales, Rental, Service, Parts orp2 Repair Photographic Studio and Photographic Supplies p2 Restaurant, w/Drive Thru C5 Restaurant; Sit-Down P Specialty Foods and Confections p2 Sporting Goods p2 Television, Radio, Video and Stereo Equipment pZ Tobacco Accessories p2 Toy Store p2 Vehicle or Marine Customizing, Detailing, Service, N Parts or Repair Video Rental p2 Wholesale/Warehouse/Distribution N Service Use Group SMU ZONE Barbershop/Beauty Salon/Day Spa p2 Dance/Martial Arts Studio p2 Dressmaker or Tailor p2 Drycleaner p2,4 Fitness Club p2 Funeral Home N Hospital N Labor Pool Establishments N S:~Planning~ HAREDX. WI~PECI'RO.~-'ODE REVIEW~X)RV-SMU~ulmrban Mixed Use text 2-25-04.DOC 4 USE GROUP/USE SMU ZONE Service Use Group cont'd SMU ZONE Laundromat p~ Medical Outpatient Facility C Nursery, Preschool or Child Daycare P Nursing or Convalescent Home N Photocopy Center pZ Self-Storage or Mini Warehouse C Shoe Repair p2 Tattoo Parlor/Body Piercing N Soup Kitchens/Substance abuse. Centers/ N Shelters/Half-way Houses Entertainment Use Group SMU ZONE Adult Entertainmcnll~-~ '!'~, · -I'.~. ~ Bar, CocktailLounl I I ! I Billiard Club/Bowl~g A~l~y~ ~--~ 1 ~ IP Recreation Facility~ ~ Bingo Hall N Fortune Teller N Movie Theater pZ Night Club C Performing Arts Theater P Private Clubs, Lodges and Fraternal Cz Or~lanizations Accessor~ Use SMU ZONE Drive-Thru Facility (other than accessory Cz use to financial institutions, pharmacies and restaurants) Restriction Notes: Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. Must be integrated into a commercial or mixed use development and for any single business, not exceed 30 percent of the gross floor area of the mixed-use development. Gross floor area of grocery store must be a minimum of 20,000 square feet and a maximum of 80,000 square feet. On-site drop-off and pick-up only. Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Indoor storage/display shall not exceed 20,000 square feet. S:'~Planning~HARF_,I~W~SPECPROJ~CODE REVIEW~RV-SMLI~uborban Mixed Use tex~ 2-25-04.DOC 5 7 Maximum footprint is 120,000 s.f. Elevations to be enhanced with appropriate design elements to break up large wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 4. Building and site regulations. Minimum Parcel Size sMu ZONE Residential or Lodging Use Group Hotel 3 acres1 Residential, single Family Detached 5,000 sq. ft. Residential, Single Family Detached w/Accessory 7,500 sq. ft. Unit Residential, Single Family Attached 2,500q. ft. Residential, Multi'Ill~ l'~ ~ ~k 'l' .'~ ~ sq. ft. Commun~ Fllli~ ~Gro/[i~ l' I ! Public Park ~ ~l. ~ lk~ lk I ' aiminimum All other Use 10,000 sq. ft. Minimum Living Area SMU ZONE Single Family Detached 1,200 sq. ft. All other Residential 750 sq. ft. Accessory Apartment 750 sq. ft. Minimum Lot Frontage SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. Residential, Single Family Attached (Duplex) 75 ft. Residential, Single Family Attached (Townhome) 20 ft. Residential, Multiple-Family 100 ft. All Other Uses 100 ft. Maximum Height SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. Residential, Single Family Attached (Duplex) 35 ft. Residential, Single Family Attached (Townhomes) 45 ft. Residential, Multi-Family 55 ft.2 S:~'Innning~.SHARED~W'P~PECPROJ~CODE ~RV-SMU~ulx~I~n Mixed Use text 2--25-04.DOC Maximum Height, continued SMU ZONE All Other Uses 55 ft.2 Minimum Height 35ft.3 (25 ft)n Maximum F.A.R (excluding parking structures) 1.0 Maximum Density 20 du/ac Or part of a mixed use project at least 3-acres in size 2 Maximum of 75 feet to peak of the structure or any architectural details, with conditional use approval. Setback from property boundary is a minimum of 225 feet, and building shall be separated from property line by another project building of at least 35 to 50 feet in height. Applies to any fagade with "arterial roadway" frontage. Multiple story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance, or s~e~i~ of, a ~nim~~uil~g. 4 Co~di~o~al~ bas n e truc s pro l~ctlo e 55 fl minimum. MINIMUM P ZONE Residential, Single Family Detached 40% Residential, Single Family Attached 30% 'All Other Uses 20% FRONT YARD SETBACK SMU ZONE Residential Or Lodging Use Group: Residential, Single Family Detached build to line 10 ft.~ Residential, Single Family Attached build to line 10 ft.~ Residential, Multi-Family build to line 10 ft.~-' n All Other Uses including mixed use with a residential 10 ftfi' n component - build-to line Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. Where less than 20 feet, garage access required from side or rear. Projecting feature(s) such as awnings, balconies, porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. Front yard build to line_along major arterial roads, a maximum of 90 feet inclusive of a 25-foot landscape buffer. S:'~Planning'~SHARBD~WP~PF-.CI~R~DII RI~RV-SMI.~ulmrban Mixed Usc t~xt 2-25-04.DOC 7 SIDE YARD SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 7 ½ ft. or 0/10 ft Corner 15 ft. End 10 ft. Residential, Single Family Attached (Duplex) Comer 15 ft. Residential, Single Family Attached (Townhomes) End 10 ft. Comer 15 ft. Residential, Multi-Family 10 ft.~ All Other Uses 0 ft. All Other Uses Adjacent to Residential Single FamilyI 25 ft.1 Attached or D_~etac ~ SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 7.5 ft. Residential, Single Family Attached 7.5 ft. Residential, Multi-Family 15 ft. All Other Uses Where Yard is Adjacent to Residential Single Family 25 ft. Attached or Detached Where yard is Adjacent to All Other Uses 0 ft. 5. Mixed Uses. Buildings containing residential and non-residential uses are encouraged within the SMU zoning district and subject to the same development. standards as "all other uses". Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined appropriate given the type of use. S:W lanni~gX~HARF..I~WI~P E(~ RO,I~L-'O DE REVIEW~CDRV-SMU~ ~ Uae. 6. Landscaping. The landscaping requirements for the SMU District are supplementary to those requirements set forth in Chapter 21 of the Boynton Beach Land Development Code. a. SMU District. · Trees. All new construction in the SMU District shall provide shade trees in the streetscape. · The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimum four (4) inch caliper measure at DBH. In addition, there shall be no branches below four (4) feet for visibility. · In instances where ca. nop~es of overhangs make it infeasible sl~w~ sl~~fili~l~ l~ ~ ~fll~~,.ll lptanted_l_der overhead utility lines. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. b. Tree Spacing · Trees along all street rights-of-way are required and shall be regularly spaced. The spacing of the trees shall be a minimum of 30 feet on center for trees meeting only the minimum caliper · requirement. The City Forester shall approve any increase in spacing for trees exceeding the minimum caliper. · Spacing may be modified to allow for the creation of vistas, where appropriate, or by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. c. Tree Irrigation. · Low volume design irrigation systems shall be installed to service all trees with bubblers and other landscape materials with sub-irrigation design. · Irrigation systems shall be in operable condition at all times. d. Sidewalks · Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrianways of mixed-use deyelopment areas only. S:tPhnn~SHARFA~WP',SPF, CPROACODE REVIBW~CDRV-SMU~Subwlxm Mixed Usc text 2-2.5-04.DOC 9 e. Flower Containers · To add color and soften internal sidewalk paving with plants, flower containers containing blooming annuals or perennials are encouraged to be planted and maintained along facades of all central mixed-use areas in the SMU District. f. Perimeter Buffer · A minimum perimeter buffer 25 feet in width shall be provided surrounding the project. All buffers abutting the fight- of-way of arterial roadways shall include a landscaped berm. 7. Parking Requirements. Parking requirements for the SMU zoning district shall be set forth by Chapter 2, Section 11 H, of the Boynton Beach Land Development Code. a. Par~i~n~ ~se Aop~mTlze shared parking ratios, consistent with ~l~ Il[afl Lan~lnstitute' Supporting documentation from thi~lS'g[I'Be ~-6~with a s--gh-ared parking analysis at the time of technical site plan approval. b. Freestanding parking garages as part of a multi-family residential or mixed-use development are permitted within the SMU Zone. Within the SMU Zone, freestanding parking garages shall not have direct frontage on major roadways unless a portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses, or residential uses on the first floor. The intent is to attempt, where possible, to border or wrap the garage in storefronts and other permitted habitable floor area so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure or adjacent buildings. Portions of freestanding parking garages that are not screened with habitable space and are in view from the general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to sot'ten their impact. c. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the SMU Zone. Understory parking is permitted throughout the SMU Zone for multiple-floor buildings. Such parking areas shall be screened from view by landscaping, buildings, and/or architecturally artiCUlated fagade designed to screen the parking area. d. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. S:~Planning~SHAEED~WI~SPECPROJ~CODE ~RV-SlvlU~Suburban Ivlixed Use text 2-~5-04.DO~ ~o 8. Dumpster Location. Dumpsters shall be adequately screened from view in accordance with the provisions of the Land Development Regulations, or compatible with the surrounding environment if located out of view from the general public. 9. Signage. Chapter 21, Signs, shall govern signage along the major arterials, except as otherwise approved within a master signage program for the SMU development project. 10. Minimum Project Size. A minimum of 10 acres shall be required for any project developed under the provisions of the SMU regulations. 11. Master Plans for Phased Projects. The procedures for zoning of land to SMU district shall be the same as for planned zoning districts. To promote and encourage development in this form where uses may be integrated horizontally and vertically within stmcmr~~unitsl~kSM~cluding multi-year phases, shall be submitter d ala . 'me lez°ning t° SmJ. a. In a'd'dlWdh to'ffi'b"in~o~ffi for a~afion for zoning generally, the applicant shall submit a SMU master plan containing the following materials or data: 1. The title of the project and the names of the professional project planner and the developer; 2. Scale, date, north arrow and general location map; 3. A current survey, sealed, that includes the boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the project; 4. Master plan locations of the different uses proposed, including open space or common areas, recreational facilities, residential areas, commercial uses, office uses, other permitted uses, and areas to be developed with integrated mixed-use structures; 5. Master plan generally showing access and traffic flow to each parcel; 6. Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several land use types, 7. Tabulations demonstrating the proposed~ numbers of dwelling units, square footage of commercial, office and other uses, and, 8. Architectural design standards showing the following: design themes to be followed, building colors and color pallet options, maximum building heights, and color elevation renderings depicting representative design concepts. subject to changes in use category at time of technical site plan approval S:~Pha~/n~S~WI~PltCI'RO~CODB ~RV-SMU~uha/~m Mixed U~c tc~ 2-25-04.DOC b. Procedures. On application of master plan approval for a SMU project, the planning and development board and City Commission shall proceed in general as for other applications for planned zoning districts. 13. Master plan modification. Following approval of a master plan for a SMU, subsequent modifications may be processed by the TRC portion of the site plan review process as long as the proposed changes do not increase or decrease the total square footage for office or retail uses, or dwelling units by more than 30%, do not require a Notice of Proposed Change to a Development of Regional Impact as defined in Florida Law, or lower the overall standard of the master plan as defined by public plazas and open space, architectural design characteristics, building placement and massing, or location of land uses. Non-substantial modifications will not extend time limitations for development of pr°perty as stipulated in~agDecti~ P~ T 14. Site Plans. SilPl~]~folfl~op~a~lalz&ned SIU shall be processed in accordance with proee~re~s~e~ln~e Ol~'~d D~ment Regulations. The site plan application data shall be in substantial compliance with the Master Plan submitted as a part of the application for zoning to SMU. In addition to the requirements of the Land Development regulations determined to be applicable, the following information shall be provided: a. BUILDING LOCATIONS AND ARCHITECTURAL ELEVATIONS of all structures proposed except for single-family detached homes which are a part of the project shall be depicted on the site plan or and the supplementary materials required. b. LANDSCAPE plan depicting existing and proposed vegetation and locations thereof on the site, consistent with the requirements of Chapter 4 of the City's Land Development Regulations. c. FENCE, WALL AND PLANTING SCREEN locations, heights and materials. d. TABULATIONS analyzing the number of total gross acres in the project and the percentages thereof proposed to be devoted to the dwelling types, nonresidential uses, other accessory structures, off-street parking and off-street loading, streets, recreation areas, parks, schools and other reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units. Tabulations of floor area of nonresidential uses and the overall project intensity. Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment, stairwells and towers, and the like; and requirements deriving from floor areas shall include such floor area. S:~Plnnning~SHARED'~WP~PECPROJ~CODE REVIE~t'DRV-SMU~ubudmn Mixed Use text 2-25-04.DOC 12 machinery, heating or air conditioning equipment, stairwells and towers, and the like; and requirements deriving from floor areas shall include such floor area. e. COMMON AREAS. Once a master plan and boundary plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined to be applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developer shall file, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas, plazas and open space and recreation facilities; or ho shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subject to the reasonable approval of the city attorney. 15. Once a m~ h'll~ appr~ied i~~ the designated3ra parcels ma}lc plte~lk~oun~kplat l~e pu~se of a sale to a party purehler.~ael~a~t~tt~dll be ~ject to technical site plan appro~l~"~proXg'~d it~lt'/YCity"g"c~'~. This'l~l~dary plat may be processed simultaneously with the SMU master plan or a SMU master plan modification. The definition of "mixed use development" contained in Chapter 2, Zoning, Section 6.F. 13 is hereby revised to read: Mixed Use Development: a combination of two or more uses on a single parcel, tract or development pod. In the Urban Mixed Use-Low Intensity and the Suburban Mixed Use zoning districts, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. S:~'Ianning~HARED~WP~PECPRO~CODE It_EVI~W'.,CDRV-SMU~uburban Mixed Use teat 2-2~-04.DOC 13 1 .ORDINANCE NO. 60 ¢(9 / / 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING LAND 5 DEVELOPMENT REGULATIONS, CHAPTER 2 6 ZONING, SECTION 6. CREATING A NEW 7 SUBSECTION "G" ESTABLISHING A SUBURBAN 8 MIXED USE ZONING DISTRICT FOR THE PURPOSE 9 OF ENCOURAGING THE INTEGRATION OF USES 10 WITHIN MIXED USE PROJECTS 'ALONG SELECTED 11 ROADWAY CORRIDORS WEST OF 1-95; PROVIDING 12 FOR CONFLICTS, SEVERABILITY, CODIFICATION 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, the proposed addition of a Suburban Mixed Use zoning district to 16 'art III of the City of Boynton Beach Code of Ordinances is a staff-initiated 17 tmendment to the Land Development Regulations; and 18 WHEREAS, the City Commission deems the adoption of this Ordinance to be 19 n the best interests of the citizens and residents of the City of Boynton Beach, 20 Florida; 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 22 DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now 24 ratified and confirmed by the City Commission. 25 Section 2. That Chapter 2, Zoning, Section 6. "G" is hereby amended by 26 idding the words and figures as follows: 27 28 3. SMU - Suburban Mixed Use Zoning District 29 1. Intent and Purpose. The Suburban Mixed Use zoning district, which 30 ;hall only be applicable to lands located west of 1-95, allows for a diversity of land 31 uses and accommodates and encourages a mixture of residential, office, retail, 32 recreational, and other miscellaneous uses, which may be arranged either vertically or 3:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 1 1 horizontally on assembled parcels along major arterials outside of the downtown 2 redevelopment district. All development and redevelopment shall be guided by an 3 approved plan through the use of the SMU master plan, planned unit development, 4 :onditional use, or other site plan review processes. 5 6 The objectives of the Suburban Mixed Use zoning district is as follows: 7 a. Support and enhance development and redevelopment efforts in 8 ~uburban areas outside of the downtown redevelopment area; 9 b. Create major new mixed-use areas in planned locations with 10 appropriate densities, heights, and mixtures of uses; 11 c. Create attractive pedestrian environments through appropriate 12 geparation from and design of vehicular circulation areas; 13 d. Provide public plazas and gathering places that are both well- 14 :lesigned and integrated into the overall design of the development; 15 e. Allow flexibility in architectural design and building bulk; while 16 maximizing compatibility and harmony with adjoining development; 17 f. Create higher quality environments for residents, businesses, 18 employees, and visitors; and 19 g. Encourage innovative design that achieves vertical and horizontal 20 integration of uses. 21 22 2. SMU - Suburban Mixed-Use Zoning District. 23 24 a. In order to complement the redevelopment and envisioned 25 rowth of the suburban area, the SMU zoning district shall only be applied to lands 26 west of 1-95 classified as Development Regional Impact (DRI) or other land use 27 classifications subsequently established on the Future Land Use Map. 28 29 b. The SMU district is appropriate for low- to mid-rise 30 developments that provide for medium density residential uses. The district allows a 31 maximum height of fifty-five (55) feet and a residential density of 20 dwelling units 32 per acre for mixed-use projects. Building heights between 55 feet and up to 75 feet to 33 the peak of the structure or any architectural details may be allowed only for interior 34 buildings (those buildings separated from property line by another project building or 35 use), if approved as a conditional use. The review of these applications will 36 emphasize aesthetics and design quality, and physical compatibility with adjacent 37 land uses. All new suburban mixed-use developments within this district shall front 38 an a major arterial and contain a mixture of retail commercial, office and residential 39 uses. 40 41 3. Permitted Uses. The following table identifies the permitted, restricted 42 and prohibited uses within the Suburban Mixed Use Zoning District. Uses are 43 classified as Permitted "P", Conditional "C" or Not Permitted "N". Uses permitted 44 with restrictions are followed by a numeral that corresponds to a footnote below the 45 table. Each footnote explains restrictions associated with the use. The Planning and S:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 2 1 Zoning Director or designee shall have the discretion to approve uses that are not 2 ;pecifically listed but are similar to uses that are expressly permitted. 3 :\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 3 1 TABLE 6G-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE SMU ZONE Residential or Lodging Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family P Temporary Sales Office P Temporary Model Residences P Boarding and Rooming House N (except where provided by state law) Accessory Unit P Government Office/Civic Center/Library _P Recreation (outdoor) C Museum P House of Worship P_~ Police or Fire-Rescue Station P Postal Center (retail sales only) p2 Post Office P Public Park P Public Parking Lot or Garage P 2 Office Use Group SMU ZONE Banks, Financial Institutions p2, ~ Medical or Dental Clinic p2 Medical or Dental Office 132 Physical Therapy Clinic p2 Professional Business Office p2 Real Estate Office I>2 Veterinary Office or Clinic p2 Sales and General Commercial Use Group SMU ZONE Alcoholic Beverage Package Store p2 Ammunition or Firearm Sale or Rental N Animal Boarding or Kennel (indoor only) 1>2 Animal Grooming p2 linances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 4 USE GROUP/USE SMU ZONE Sales and General Commercial Use Group SMU ZONE Animal Sales/Pet Shops w/Veterinary Facilities 1>2 Antique Mall/Flea Mark.e..t N Arts, Crafts, Hobby and Framing 1>2 Auction House N Automotive Parts Sales w/out Service p2 Automobile Sales with Display N Bakery, Retail. p2 Bicycle Shop p2 Boat/Marine Sales/Rental N Boat/Marine Accessories p2 Bookstore p2 Building Supplies-or Materials N Bus Terminal N Camera and Audio Video Equipment p2 Contractor's Office/Equipment Storage N Coffee Shop p2 Convenience Store p2 Custom Furnishings and Antique Stores p2 Cyber_caf6 P~ Delicatessen p2 Department Store <80,000 s.f. P Department Store >80,000 s.f. C7 Dive shop and Instruction as Accessory Use_P2 Drug Store or Pharmacy p6, 2 Gasoline Sales with/without Vehicle Service N Grocery Store, Supermarket p3 Fitness Center 1>2 Florist p2 Furniture Store p2 Hardware Store p2 Health Food Store p2 Home Improvement Centers C__~~ Household Appliances and Parts 1>2 Jewelry or Cosmetics Store 1:'2 Linen and Household Goods 1>2 Luggage, Purses and Personal Gear p2 Lumber Yard N Membership Club C_._~~ Music Store 1:'2 New Clothing, Shoes or Accessories p2 Newsstand P~ ~:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 5 USE GROUP/USE SMU ZONE Sales and General Commercial Use Group SMU ZONE Office Supplies p2 Outdoor Storage or Display N Parking Lot for Commercial Vehicles N Parking Lot or Garage, Private Ownership P Personal Watercraft Sales, Rental, Service, Parts or1:'2 Repair Photographic Studio and Photographic Supplies p2 Restaurant, w/Drive Thru C.~~ Restaurant; Sit-Down P Specialty Foods and Confections p2 Sporting Goods p2 Television, Radio, Video and Stereo Equipment p2 Tobacco Accessories p2 Toy Store 1>2 Vehicle or Marine Customizing, Detailing, Service, N Parts or Repair Video Rental - p2 Wholesale/Warehouse/Distribution N Service Use Group SMU ZONE Barbershop/Beauty Salon/Day Spa p2 Dance/Martial Arts Studio p2 Dressmaker or Tailor 1:'2 D~cleaner p2,4 Fitness Club p2 Funeral Home N Hospital N Labor Pool Establishments N Service Use Group cont'd SMU ZONE Laundromat p2 Medical Outpatient Facility C Nursery, Preschool or Child Daycare P Nursing or Convalescent Home N Photocopy Center p2 Self-Storage or Mini Warehouse C Shoe Repair 1:'2 Tattoo Parlor/Body Piercing N Soup Kitchens/Substance abuse Centers/ N Shelters/Half-way Houses 1 :\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 6 1 USE GROUP/USE SMU ZONE Entertainment Use Group SMU ZONE Adult Entertainment N Bar, Cocktail Lounge p2 Billiard Club/Bowling Alley/Indoor P Recreation Facility Bingo Hall N Fortune Teller N Movie Theater p2 Night Club C Performing Arts Theater P Private Clubs, Lodges and Fraternal C2 Organizations Accessory Use SMU ZONE Drive-Thru Facility (other than accessory C__~~ use to financial institutions, pharmacies and restaurants) 2 3 Notes: 4 Use shall be subject to the following distance separation requirements from similar 5 uses, measured in a straight line, using the shortest distance between property lines: 6 For uses with less than 5,000 square feet of gross floor area, 750 feet. 7 For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 8 feet. 9 Must be integrated into a commercial or mixed use development and for any single 10 business, not exceed 30 percent of the gross floor area of the mixed-use development. 11 Gross floor area of grocery store must be a minimum of 20,000 square feet and a 12 maximum of 80,000 square feet. 13 On-site drop-off and pick-up only. 14 Drive-thru facility, including stacking lanes, must be screened from public right-of- 15 way and requires conditional use approval. 16 Indoor storage/display shall not exceed 20,000 square feet. 17 Maximum footprint is 120,000 s.f. Elevations to be enhanced with appropriate 18 design elements to break up large wall expanses (i.e. articulation, windows, columns, 19 varied rooflines, etc.). 20 21 4. Building and site regulations. 22 Minimum Parcel Size SMU ZONE Residential or Lodging Use Group Hotel 3 acres] Residential, single Family Detached 5,000 sq. ft... Residential, Single Family Detached w/Accessory 7,500 sq. ft. Unit ;:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04. DOC 7 Residential, Single Family Attached 2,500q. ft. Residential, Multi-Family 15,000 sq. ft. Community Facility Use Group Public Park no minimum All other Use 10,000 sq. ft. Minimum Living Area SMU ZONE Single Family Detached 1,200 sq. ft. All other Residential 750 sq. ft. Accessory Apartment 750 sq. ft. Minimum Lot Frontage SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. Residential, Single Family Attached (Duplex) 75 ft. Residential, Single Family Attached (Townhome) 20 ft. Residential, Multiple-Family 100 ft. All Other Uses 100 ft. Maximum Height SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. Residential, Single Family Attached (Duplex) 35 ft. Residential, Single Family Attached (Townhomes) 45 ft. Residential, Multi-Family 55 ft.2 1 2 S:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 8 1 Maximum Height, continued SMU ZONE AllOther Uses 55 ft.2 Minimum Height 35ft.~ (25 ft)4 Maximum F.A.R (excluding parking structures) 1.0 Maximum Density 20 du/ac 2 ~ Or part of a mixed use project at least 3-acres in size 3 2 Maximum of 75 feet to peak of the structure or any architectural details, with 4 conditional use approval. Setback from property boundary_ is a minimum of 225 5 feet, and building shall be separated from property line by another project building 6 of at least 35 to 50 feet in height. 7 3 Applies to any faqade with "arterial roadway" frontage. Multiple story buildings are 8 encouraged along arterial roadways. The intent of this provision is to create the 9 appearance, or simulate the intensity of, a minimum two (2)-story building. 10 4 Conditional, based on percentage of structures proposed below the 35 ft minimum. 11 MINIMUM PREVIOUS AREA SMU ZONE Residential, Single Family Detached 40% Residential, Single Family Attached 30% All Other Uses 20% 12 FRONT YARD SETBACK SMU ZONE Residential Or Lodging Use Group: Residential, Single Family Detached build to line 10 ft. Residential, Single Family Attached build to line 10 Residential, Multi-Family build to line 10 ft.2' 4 All Other Uses including mixed use with a residential 10 ft.~' 4 component - build-to line 13 14 Porches may be placed forward of the build to line and shall maintain a minimum 2 15 foot setback from any public sidewalk. Porches shall be placed outside of clear sight 16 triangle. Minimum setback for a garage facing or accessing the street is 20 feet. 17 Where less than 20 feet, garage access required from side or rear. 18 Projecting feature(s) such as awnings, balconies, porches and/or stoops may be placed 19 forward of the build-to line and shall maintain a minimum 2-foot setback from any 20 public sidewalk. 21 One or more projecting feature(s) such as awnings, balconies, colonnades porches 22 and/or stoops required forward of the build-to line and shall maintain a minimum 5- 23 foot clearance from any vehicular use area. Elements projecting over a pedestrian 24 walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal 25 pedestrian clearance. 26 Front yard build to line along major arterial roads, a maximum of 90 feet inclusive of 27 a 25-foot landscape buffer. 28 ;:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 9 1 SIDE YARD SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 7 V2 ft. or 0/10 fl Comer 15 ft. End 10 ft. Residential, Single Family Attached (Duplex) Comer 15 ft. Residential, Single Family Attached (Townhomes) End 10 ft. Comer 15 fl. Residential, Multi-Family 10 ft. ] All Other Uses 0 ft. All Other Uses Adjacent to Residential Single Family 25 ft.~ Attached or Detached in the SMU Zone 2 REAR YARD SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 7.5 ft. Residential, Single Family Attached 7.5 ft. Residential, Multi-Family 15 ft. All Other Uses Where Yard is Adjacent to Residential Single Family 25 ft. Attached or Detached Where yard is Adjacent to All Other Uses 0 fi. 3 4 5. Mixed Uses. Buildings containing residential and non-residential uses 5 encouraged within the SMU zoning district and subject to the same development 6 ;tandards as "all other uses". Residential uses within mixed-use structures, with the 7 of designated live/work units, are encouraged not to be located on the 8 floor, which shall be reserved for nonresidential uses. 9 10 uses within mixed residential/nonresidential structures shall be 11 for their compatibility with residential uses located on upper floors, and 12 ;hall demonstrate compatibility based upon use-type, construction materials, floor 13 and site layout, and other reasonable factors as determined appropriate given the 14 of use. 15 16 6. Landscaping. The landscaping requirements for the SMU District are 17 to those requirements set forth in Chapter 21 of the Boynton Beach 18 Development Code. 19 20 ~:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 10 1 a. SMU District. 2 · Trees. All new construction in the SMU District shall 3 provide shade trees in the streetscape. 4 · The trees selected shall be consistent with the established 5 theme of the street, where appropriate. The City Forester will 6 provide consultation on appropriate species. 7 · Trunks shall be a minimum four (4) inch caliper measure 8 at DBH. In addition, there shall be no branches below four 9 (4) feet for visibility. 10 · In instances where canopies of overhangs make it 11 infeasible to plant trees, alternative means of providing 12 landscaping for the sidewalk shall be utilized. 13 · Small flowering trees shall be planted under overhead 14 utility lines. 15 · Upon inspection by the City Forester, any trees found to 16 be in declining condition shall be replaced within thirty (30) 17 days. 18 19 b. Tree Spacing 20 · Trees along all street rights-of-way are required and shall 21 be regularly spaced. The spacing of the trees shall be a 22 minimum of 30 feet on center for trees meeting only the 23 minimum caliper requirement. The City Forester shall 24 approve any increase in spacing for trees exceeding the 25 minimum caliper. 26 · Spacing may be modified to allow for the creation of 27 vistas, where appropriate, or by factors such as the placement 28 of utilities, by property access points, sight lines at comers or 29 by comer conditions. 30 · Tree placement shall match the existing pattern, where 31 appropriate. 32 33 c. Tree Irrigation. 34 · Low volume design irrigation systems shall be installed to 35 service all trees with bubblers and other landscape materials 36 with sub-irrigation design. 37 · Irrigation systems shall be in operable condition at all 38 times. 39 40 d. Sidewalks 41 · Sidewalk accents via pavers or stamped colored concrete 42 shall be utilized in all central pedestrianways of mixed-use 43 development areas only. 44 ;:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 11 1 e. Flower Containers 2 · To add color and soften internal sidewalk paving with 3 plants, flower containers containing blooming annuals or 4 perennials are encouraged to be planted and maintained along 5 facades of all central mixed-use areas in the SMU District. 6 7 f. Perimeter Buffer 8 · A minimum perimeter buffer 25 feet in width shall be 9 provided surrounding the project. All buffers abutting the 10 right-of-way of arterial roadways shall include a landscaped 11 berm. 12 13 7. Parking Requirements. Parking requirements for the SMU zoning 14 tistrict shall be set forth by Chapter 2, Section 11H, of the Boynton Beach Land 15 Development Code. 16 17 a. Parking for mixed-use developments may utilize shared parking 18 :atios, consistent with those prepared by ULI- the Urban Land Institute. Supporting 19 tocumentation from this standard book shall be presented with a shared parking 20 inalysis at the time of technical site plan approval. 21 22 b. Freestanding parking garages as part of a multi-family residential 23 )r mixed-use development are permitted within the SMU Zone. Within the SMU 24 Z~one, freestanding parking garages shall not have direct frontage on major roadways 25 ~nless a portion of the garage abutting said streets contains storefronts, restaurants or 26 )ther permitted nonresidential uses, or residential uses on the first floor. The intent is 27 :o attempt, where possible, to border or wrap the garage in storefronts and other 28 )ermitted habitable floor area so as to disguise the garage and create continuity in 29 ;treet-level activity by maintaining interest for pedestrians and passing automobile 30 raffic. Principal structures that include parking garages shall be designed to blend the 31 trchitecture of the garage with the remainder of the structure or adjacent buildings. 32 >orfions of freestanding parking garages that are not screened with habitable space 33 tnd are in view from the general public shall utilize design measures such as shutters, 34 )lanter boxes, tall landscaping, etc. to soften their impact. 35 36 c. Parking garages that are incorporated into the same structure as a 37 >fincipal building, including structures providing parking on lower floors and 38 ~abitable space on upper floors, are permitted within the SMU Zone. Understory 39 >arking is permitted throughout the SMU Zone for multiple-floor buildings. Such 40 )arking areas shall be screened from view by landscaping, buildings, and/or 41 trchitectnrally articulated faqade designed to screen the parking area. 42 43 d. In order to increase the efficiency of parking provision and 44 vehicle circulation, parking facilities shall be interconnected whenever possible. 45 3:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 12 1 8. Dumpster Location. Dumpsters shall be adequately screened from view 2 accordance with the provisions of the Land Development Regulations, or 3 with the surrounding environment if located out of view from the general 4 5 6 9. Signage. Chapter 21, Signs, shall govern signage along the major 7 as otherwise approved within a master signage program for the SMU 8 9 10 10. Minimum Project Size. A minimum of 10 acres shall be required for 11 'ect developed under the provisions of the SMU regulations. 12 13 11. Master Plans for Phased Projects. The procedures for zoning of land to 14 ;MU district shall be the same as for planned zoning districts. To promote and 15 in this form where uses may be integrated horizontally and 16 ~, within structures as coordinated units, a SMU master plan, including multi- 17 shall be submitted and reviewed for approval at the time of rezoning to 18 19 20 a. In addition to the information required for application for zoning 21 shall submit a SMU master plan containing the following 22 or data: 23 24 1. The title of the project and the names of the professional project 25 planner and the developer; 26 2. Scale, date, north arrow and general location map; 27 3. A current survey, sealed, that includes the boundaries of the 28 property involved, all existing streets, buildings, water courses, 29 easements, section lines and other existing important physical 30 features in and adjoining the project; 31 4. Master plan locations of the different uses proposed, including 32 open space or common areas, recreational facilities, residential 33 areas, commercial uses, office uses, other permitted uses, and 34 areas to be developed with integrated mixed-use structures; 35 5. Master plan generally showing access and traffic flow to each 36 parcel; 37 6. Tabulations of total gross acreage in the development and the 38 percentages thereof proposed to be devoted to the several land 39 use types, 40 7. Tabulations demonstrating the proposed~ numbers of dwelling 41 units, square footage of commercial, office and other uses, and, 42 8. Architectural design standards showing the following: design 43 themes to be followed, building colors and color pallet options, 1 maximum building heights, and color elevation renderings 2 depicting representative design concepts. 3 4 b. Procedures. On application of master plan approval for a SMU 5 >roiect, the planning and development board and City Commission shall proceed in 6 eneral as for other applications for planned zoning districts. 7 13. Master plan modification. Following approval of a master plan for a 8 SMU, subsequent modifications may be processed by the TRC portion of the site plan 9 review process as long as the proposed changes do not increase or decrease the total 10 square footage for office or retail uses, or dwelling units by more than 30%, do not 11 require a Notice of Proposed Change to a Development of Regional Impact as defined 12 in Florida Law, or lower the overall standard of the master plan as defined by public 13 ,lazas and open space, architectural design characteristics, building placement and 14 nassing, or location of land uses. 15 Non-substantial modifications will not extend time limitations for development 16 of property as stipulated in LDR Chapter 2, Section 9, paragraph C13. 17 18 14. Site Plans. Site plans for development of land zoned SMU shall be 19 processed in accordance with procedures established in the City's Land Development 20 Regulations. The site plan application data shall be in substantial compliance with the 21 Vlaster Plan submitted as a part of the application for zoning to SMU. In addition to 22 he requirements of the Land Development regulations determined to be applicable, 23 the following information shall be provided: 24 25 a. BUILDING LOCATIONS AND ARCHITECTURAL 26 ELEVATIONS of all structures proposed except for single-family detached homes 27 vhich are a part of the project shall be depicted on the site plan or and the 28 supplementary materials required. 29 30 b. LANDSCAPE plan depicting existing and proposed vegetation 31 tnd locations thereof on the site, consistent with the requirements of Chapter 4 of the 32 City's Land Development Regulations. 33 34 c. FENCE, WAIJ. AND PLANTING SCREEN locations, heights 35 md materials. 36 37 d. TABULATIONS analyzing the number of total gross acres in the 38 >roject and the percentages thereof proposed to be devoted to the dwelling types, 39 nonresidential uses, other accessory structures, off-street parking and off-street 40 loading, streets, recreation areas, parks, schools and other reservations. Tabulations 41 ,f total number of dwelling units in the project by types and the overall project 42 density in dwelling units. Tabulations of floor area of nonresidential uses and the 43 overall project intensity. Floor area as computed from FAR, shall include the floor S:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 14 1 ~rea of all permitted principal or accessory uses except areas for parking, storage, 2 fievator hoist equipment or machinery, heating or air conditioning equipment, 3 ~tairwells and towers, and the like; and requirements deriving from floor areas shall 4 include such floor area. 5 6 e. COMMON AREAS. Once a master plan and boundary plat 7 approval has been obtained the applicant shall proceed in accordance with the 8 requirements of the subdivision regulations, determined to be applicable. In addition 9 to the plat certificates specified in the city subdivision regulations and prior to 10 recording a final plat, the developer shall file~ a legally constituted maintenance 11 association agreement for improving, perpetually operating, and maintaining the 12 common facilities; including streets, drives, parking areas, plazas and open space and 13 recreation facilities; or t~ shall file such documents as are necessary to show how the 14 said common areas are to be improved, operated or maintained. Such documents 15 shall be subject to the reasonable approval of the city attorney. 16 17 15. Once a master plan has been approved in a SMU district, the designated 18 parcels may be platted as a boundary plat for the purpose of a sale to a 19 3rd party purchaser. Each parcel that is platted will be subject to 20 technical site plan approval as provided in the City's code. This 21 boundary plat may be processed simultaneously with the SMU master 22 plan or a SMU master plan modification. 23 24 Section 3. The definition of "mixed use development" contained in Chapter 25 2, Zoning, Section 6.F. 13 is hereby revised to read: 26 27 Mixed Use Development: a combination of two or more uses on a single parcel, tract 28 or development po..d. In the Urban Mixed Use-Low Intensity and the Suburban Mixed 29 Use zoning districts, mixed-use can refer not only to uses within single buildings, but 30 to different uses mixed in close proximity in a single development. 31 32 Section4. Each and every other provision of the Land Development 33 Regulations not herein specifically amended, shall remain in full force and effect as 34 originally adopted. 35 Section 5. All laws and ordinances applying to the City of Boynton Beach 36 in conflict with any provisions of this ordinance are hereby repealed. S:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 15 1 Section 6. Should any section or provision of this Ordinance or any portion 2 :hereof be declared by a court of competent jurisdiction to be invalid, such decision 3 ;hall not affect the remainder of this Ordinance. 4 Section 7. Authority is hereby given to codify this Ordinance. 5 Section 8. This Ordinance shall become effective immediately. 6 .;IRST READING this / ~ day of ]~q ~ir'c_~ ,2004. 7 SECOND, FINAL READING AND PASSAGE this __ day of , 8 2004. 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 17 Vice Mayor 18 19 20 21 Commissioner 22 23 24 25 ~TTEST: Commissioner 26 27 28 29 City Clerk Commissioner 30 ~:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 16 XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEA AGENDA ITEM REQUEST F Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Orifice [] April 7, 2004 March 15, 2004 (Noon.) [] June I, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this request under Public Hearing, and Legal, Ordinance - First Reading on March 16, 2004. Please note that the ordinance has been revised to reflect the current supportive position of the Regional Planning Council, which was received following First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-042. EXPLANATION: PROJECT: Renaissance Commons (DRIA 03-001) AGENT: Klm Glas-Castro, AICP, Ruden McClosky OWNER: Compson Associates of Boynton II, LLC LOCATION: Congress Avenue south of Gateway Boulevard DESCRIPTION: Request for Development of Regional Impact Amendment (DRIA) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DRI project from Motorola to Renaissance Commons. PROGRAM IMPACT: FISCAL IMPACT: ~ Develop~nt l~epa~e~t Director" City Manager's Signature Planning and Zoni~ector S:~PlanningXSHARED\WPXPROJECTSXRenaissance CommonsXDR1A 03-001~genda Ifem Request Renaissance Commons DRIA 03-001) 4-6-04.dot S:XBULLETIN~ORMS~AGENDA 1TEM REQUEST FORM.IX)C 1 oRDINANCE NO. 04- 0/-5 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AMENDING ORDINANCE NO. 02-061 OF THE 4 CITY OF BOYNTON BEACH BY ADOPTING AN 5 AMENDMENT TO THE RENAISSANCE COMMONS 6 DEVELOPMENT OF REGIONAL IMPACT, FORMERLY 7 KNOWN AS THE MOTOROLA DEVELOPMENT ORDER; 8 PROVIDING FOR A SAVINGS CLAUSE, REPEALING 9 PROVISION, AND PROVIDING AN EFFECTIVE DATE. 10 12 WHEREAS, on October 1, 1979, MOTOROLA, INC., ("Motorola") filed a 13 Development of Regional Impact Application for Development Approval ("Application") 14 with the Treasure Coast Regional Planning Council ("TCRPC") in accordance with Section 15 380.06, Florida Statutes; and, 16 WHEREAS, Motorola proposed to develop a manufacturing development and 17 administrative facility on approximately 90 acres, constituting a Comprehensive (Industrial 18 and Office) Development of Regional Impact on the following described real property 19 located in Palm Beach County, Florida, described in Exhibit "A". 20 ~VHEREAS, the City Commission of the City of Boynton Beach approved the 21 Motorola Development of Regional Impact on June 3, 1975 by Ordinance No. 75-19, and 22 subsequently amended by Ordinance 79-36, dated January 7, 1980; and 23 WHEREAS, on December 17, 2002, the City Commission approved an amended 24 DRI Development Order by Ordinance No. 02-061, requested by the then-owner of the 25 Property, Maury L. Carter & Associates, Inc., to develop a mixed residential and supporting 26 commercial use project on the vacant portion of the Property; and 27 WHEREAS, on November 11, 2003, the new owner of the Property, Compson 28 Associates of Boynton Il, LLC ("Master Developer") filed a Notice of Proposed Change to 29 the Motorola Development of Regional Impact with the City of Boynton Beach, the TCRPC H:\900182.bb~ord\DRI Amd - Renaissance Commons.doc Page 1 1 and the Florida Department of Community Affairs in accordance with Section 380.06, 2 Florida Statutes; and 3 WHEREAS, said Master Developer proposes to redevelop the Property with a 4 mixed-use project to complement the approved residential uses, and to rename the project as 5 "Renaissance Commons DRI; and 6 WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter 7 City Commission), the goveming body of the local government having jurisdiction, pursuant 8 to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider 9 Notices of Proposed Change; and 10 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and 11 Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the 12 Division of Community Affairs and the TCRPC; and 13 WHEREAS, this City Commission has on March 16, 2004 and on April 7,2004, held 14 a duly noticed public hearing on the Application and has heard and considered the testimony 15 taken thereat; and 16 WHEREAS, the Treasure Coast Regional Planning Council has informed City staff 17 that the TCRPC has no comments or issues with respect to the Application; and 18 WHEREAS, this City Commission has received and considered the report and 19 recommendations of the Technical Review Committee and the Planning and Development 20 Board of the City of Boynton Beach; and 21 WHEREAS, this City Commission has made the following FINDINGS OF FACT 22 AND CONCLUSIONS OF LAW with regard to the Application for Development Approval. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: H:\900182.bb\ord~DRI Amd - Renaissance Commons.doc Page 2 1 Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by 2 this reference. 3 Section 2. That the City Commission of the City of Boynton Beach, Florida makes the 4 following findings of fact regarding the Notice of Proposed Change submitted by Compson 5 Associates of Boynton 1I, LLC, the "Master Developer" related to the Renaissance Commons 6 Development of Regional Impact, formerly known as the Motorola Development of Regional 7 Impact, previously approved by Ordinance No. 75-19, as amended by Ordinance Nos. 79-36 8 and 02-061: 9 FINDINGS OF FACT 10 A. The proposed development is not in an area of critical state concern 11 designated pursuant to the provisions of Section 380.05, Florida 12 Statutes; 13 B. A State Comprehensive Planning Document has been recognized by 14 the legislature as an advisory policy document for the entire State of 15 Florida, and the proposed development does not unreasonably interfere 16 with the achievement of the objective of this advisory policy 17 document; 18 C. The proposed amendment to the Dovelopment of Regional Impact 19 Order (DRI) Development Order will be consistent with the 20 corresponding amendment of the adopted comprehensive plan for the 21 City of Boynton Beach and are, or will be, consistent with the local 22 land development regulations, subject to conditions outlined herein 23 and Part III, Land Development Regulations of the City of the Boynton 24 Beach Code of Ordinances; and H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 3 1 D. The proposed development will be consistent with the submitted and 2 reviewed by the Treasure Coast Regional Planning Council pursuant to 3 Section 380.06(8), Florida Statutes. 4 5 CONCLUSIONS OF LAW 6 It is hereby determined by the City Commission of the City of Boynton Beach, 7 Florida, in a public meeting, duly constituted and assembled this 7th day of April, 2004, that 8 the Notice of Proposed Change to the Renaissance Commons Development of Regional 9 Impact submitted by the Master Developer is hereby ordered Approved, subject to the ~l 0 following provisions of this Ordinance and the Conditions of Approval attached hereto as ~l ~ Exhibit "C", and incorporated herein by reference. 'l 2 1. That this amended DRI Development Order shall constitute the Development Order '13 of this Commission issued in response to the Notice of Proposed Change for the ~ 4 Renaissance Commons DRI filed by the Master Developer. 15 2. That the defmitions found in Chapter 380, Florida Statutes shall apply to this ~ 6 amended DRI Development Order. 17 3. The Development Order shall be amended to include the following provisions: 18 Conversion of industrial and office land use entitlements to: 19 20 1,551 multi-family residential units 21 213,000 square feet of retail use 22 247,800 square feet of office use 23 24 Master Site Development Plan Amendment No. 2, as submitted to the City, a 25 copy of which is attached hereto and made a part hereof as Exhibit "B", 26 replaces and supersedes the Master Site Development Plan currently approved 27 in the Development Order. 28 29 3O 3~ H:\900'182.bb\ord\DRl Amd - Renaissanco Commons.do~ Page 4 1 2 3 Establishment of a Use Conversion Matrix: 4 5 Office Multi-Family] Commercial 6 1,000 sfoffice ....... 2.39 du 387 sf 7 8 1 multi-family du 365 sf ......... 142 sf @ 10 1,000 sf commercial 2,582 sf 6.16 du ........ 12 Uses approved by the DRI Development Order may be changed pursuant to 13 the conversion factors contained in the Use Conversion Matrix, subject to 14 limitation of 30%, increase or decrease, from the approved use intensity, 15 without the need for modification to the DRI Development Order. Use 16 conversions shall be reported each year in the Renaissance Commons DRI 17 Annual Report. 19 4. That this amended DRI Development Order shall be binding upon the Developer and 20 its assignees or successors in interest. It is understood that any reference herein to any 21 governmental agency shall be construed to mean any future instrumentality which 22 may be created and designated as successor in interest to, or which otherwise 23 possesses any of the powers and duties of any referenced governmental agency in 24 existence on the effective date of this amended DRI Development Order. 25 5. That in any event that any portion of section of this amended DRI Development Order 26 is determined to be invalid, illegal or unconstitutional by a court of competent 27 jurisdiction, such decision shall in no manner affect the remaining portions or sections 28 of this amended DRI Development Order, which shall remain in full force and effect. 29 6. That the approval granted by this amended DRI Development Order is conditional. 30 Such approval shall not be construed to obviate the duty of the Master Developer to 31 comply with all other applicable local or state permitting procedures. ~ Conversion to or from residential use is based on P.M. peak hour trip generation rates for apartments or townhouse/condos, whichever is the more restrictive conversion factor. H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 5 1 7. The amendments proposed by the Master Developer do not create any additional 2 impacts and therefore do not constitute a substantial deviation under Chapter 380.06, 3 Florida Statutes. 4 8. That this amended Development Order shall remain in effect for a period of 30 years 5 from the date of its rendition, up to and including January 7, 2010, provided that this 6 effective period be extended by this Commission upon a finding of excusable delay in 7 any proposed development activity and that conditions have not changed sufficiently 8 to warrant fmrther consideration of the development. In the event the Master 9 Developer fails to commence significant physical development within four years from 10 the date of rendition of this amended DRI Development Order, development approval 11 shall terminate and the development shall be subject to further consideration. 12 Significant physical development shall mean site clearing and foundations for the 13 facility. 14 9. Actual development phasing will depend upon economic circumstances and Master 15 Developer's intemal business growth. The proposed development as described in 16 the Notice of Proposed Change to the Renaissance Commons DRI are for planning 17 purposes only and the actual development schedule may vary therefrom. 18 10. The amended DRI Development Order set forth in Section 1 hereof shall become 19 effective upon adoption as a part of the Ordinance rezoning a portion of the subject 20 property from Planned Industrial Development (PID) and Community Commercial 21 (C-3) to Suburban Mixed Use District (SMU) and amending the land use designation 22 for a portion of the subject property fi'om Industrial and Local Retail Commercial to 23 Development of Regional Impact (provided such date shall be extended until H:\900182.bb\ord~DRI Amd - Renaissance Commons.doc Page 6 I completion of appellate procedures, if any, relating to the issuance of this amended 2 DRI Development Order. 3 11. Copies of this Ordinance incorporating the amended DRI Development Order, 4 rezoning a portion of the subject property to Suburban Mixed Use District (SMU) 5 and amending the land use designation of the subject property to Development of 6 Regional Impact shall be transmitted immediately by certified mail to the Division of 7 Community Planning, the Treasure Coast Regional Planning Council and the Master 8 Developer. 9 12. Except as otherwise amended herein, the Development Order shall remain in full 10 force and effect. 11 Section 3. That the subject Property located in the City of Boynton Beach, Florida, 12 (approximately 85.554 acres) is subject to the successful Rezoning, which is contingent on 13 the review and approval of the DRI-related Land Use Plan Amendment by the State of 14 Florida Department of Community Affairs. 15 Section 4. Except as provided herein, the Master Developer shall proceed in strict 16 accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its ~ 7 building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and 18 regulations of the State of Florida Department of Environmental Protection. ' 19 Section 5. That should any section or provision of this Ordinance or any portion thereof 20 be declared by a Court of competent jurisdiction to be invahd, such decision shall not affect 21 the remainder of this Ordinance. 22 Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 23 Section 7. This ordinance shall become effective immediately upon its passage. 24 H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 7 1 3 SECOND READING and FINAL PASSAGE this __ day of ,2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 7 Mayor 8 10 Vice Mayor 13 Commissioner 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 24 City Clerk 25 H:\900182.bb\ord~DRI Amd - Renaissance Commons.doc Page 8 EXHIBIT "A' Motorola DRI LEGAL DESCRIPTION ALL THAT PART OF THE PLAT OF MOTOROLA, A pLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 oF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. ALL. OF TRACTS 94 THROUGH 107, S~CTION 20, OF SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORD~ OF PALM BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED IN SECTION 20,-TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20; PALM BEACH COUNTY RECORDS; ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING FROM CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED OF SUBDMSION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO 102 ON THE EAST AND LOST 94, 95 AND 103 THROUGH 107 ON THE WEST IN SAID SUBDIVISION. ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-WAY OF THE LAKE WORTH- DRAINAGE DISTRICT EQUALIZING CANAL E-4, EXCEPTING THAT PORTION OF TRACTS 94, 95, 103, 104, 105, 106 AND 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND'20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH LIES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20. ALSO, ALL THAT PART OF THE SW 'A OF SECTION 17 AND THE NW 'A .OF SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 22ND AVENUE .AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM BEACH' COUNTY, FLORIDA, AND NORTH OF THE SUBDMSION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOWI~, RANGE 43 EAST, RECORDED IN PLAT BOOK 7, PAGE :20,. HEREINABOVE DESCRIBED, AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS AVE31UE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4. EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF-WAY OF CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND RIGHT-OF-WAY OF CANAL C-16 FORMERLY BOYNTON CANAL. 10 WPB:166567:2 EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons (fka Motorola) DRIA File number: DRIA 03-001 Reference: 2~a review plans identified as a Development of Regional Impact Amendment Master Plan with a January 27, 2004 Planning & Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the project. 2. Justify the water and sewer values used in the conversion matrix. Those X numbers should ~elate to what actually has been purchased to date. Provide specific justification for the hi~,h values applied to office and industrial uses 3. Based upon the applicant's conversion matrix (which we do not accept), the X site exhibits an increase from the current use of 2161.66 dwelling units (equivalent) to 3281.01 dwelling units (equivalent) with the proposed change. A change of this magnitude would require the applicant to fund a re-study of the Utilities Master Plan for water and wastewater in the affected area. Any cost for utility upgrades as a result of impacts from this project shall be borne by the applicant. Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Provide a master storm water management plan in accordance with the X LDR, Chapter 3, Article IV, Section 3.T. BUILDING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 5. Provide a letter from the South Florida Water Management District X regarding impacts to ground and surface water as a result of the proposed change, prior to issuance of any building permits. 6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 7. Indicate the width of all access points to ensure their compliance with City X code. Also show the access points to collector and arterial streets indicating their compliance with access requirements within the code. 8. The approval of NOPC #2 is contingent upon the approval of the Land Use X Amendment to Development of Regional Impact (DRI) and Rezoning to Suburban Mixed Use (SMLr). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SAPIanning~SHARED\WI~ROJECTS~Renaissance Commons~DRIA 03-001/MPMD 03402\COA.doc DEPARTMENT Of DEVELOPMENT MEMORANDUM NO. PZ 04-042 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: February 17, 2004 (Amended) March 23, 2004 SUBJECT: Renaissance Commons (fka Motorola) - DRIA 03-001/MPMD 03-002 NOPC Amendment #2 NATURE OF REQUEST Renaissance Commons (fka Motorola) is a partially built-out Development of Regional Impact (DRI) comprised of 87.4 - acres, zoned Planned Industrial Development (PID) and Community Commercial (C-3). It is located on the southeast corner of Gateway Boulevard and Congress Avenue (See attached Exhibit "A' - Location Map). The applicant, Compson Associates of Boynton II, LLC, is requesting a second amendment to the Motorola DRI Development Order (D.O.) adopted January 7, 1980 by Ordinance No. 79-36. Amendment #2 proposes to change the Motorola DRI entitlements by the conversion of 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space to a mix of uses, including 1,551 multi-family residential units, 213,000 square feet of commercial space and 247,800 square feet of office use. The request also proposes to change the name of the DRI from Motorola to Renaissance Commons. There are no changes proposed to the DRI phasing, commencement date or build-out date of 2010, and no lands are being added to the DRI boundaries (see attached Exhibit ~B' - Substantial Deviation Determination Chart). BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19)- Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City review the NOPC. The DCA and the TCRPC review the proposed NOPC and provide comments following the procedures outlined in Chapter 380.06 (19). The Regional Planning Council has verbally expressed little concern over this NOPC, as they have had several meetings with the applicant and understand the project is a mixed-use concept, closely following that of NOPC #1 which they reviewed in 2002, and that they do not intend to formally respond in writing. The adopting Ordinance has been amended and updated to reflect that the TCRPC has no comments on NOPC #2 and that a written response will not be Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 forthcoming. The major changes involve a transfer of allotted square footages between the approved uses and a use conversion matrix which allows up to a thirty (30)% change in intensity, while remaining within the approved average daily trips (ADT) and peak hour trips approved with the original DRI. A letter from the Florida Department of Transportation (FDOT) was forwarded to the TCRPC delineating their concems with the traffic methodology utilized by the applicant. These issues are discussed below in the section entitled "Regional Impacts". The traffic consultant for Renaissance Commons has prepared a response to FDOT comments. As of this staff report, FDOT has not had ample time to respond to the new data. Additionally, several conversations have been conducted with DCA. They have indicated that they have no objection to the proposed change, but will subsequently be reviewing the associated Comprehensive Plan amendments for consistency, once received. The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Motorola DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation, they may take action to approve or deny the requested change. The original DRI Development Order adopted a Three-Phase Master Plan (see Exhibit "C" - Motorola Conceptual Master Plan ADA 1979). The first amendment to the DRI was approved by the City Commission on December 17, 2002, converting the Motorola entitlements from 825,000 square feet of industrial and office use to 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. The review of the DRI amendment also constitutes a review of the changes to the Master Plan for Motorola. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on January 27, 2004. ANALYSIS Notice of Proposed Chan~e (NOPC) - Substantial Deviation The cdteda for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that one of the criteda apply to the proposed changes to the Motorola DRI. These cdteda, which are applicable for review of the proposed changes is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous Increases and decreases of at least two of the uses within an authorized multi-use development of regional Impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. 2 Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 As part of the NOPC application, the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart (see Exhibit "B"). Amendment #2 involves changes to all of the use categories approved in Amendment #1: residential, commercial, office, and warehouse (storage & distribution). This proposal will eliminate the warehouse component while adding 1,001 multi-family residential units, adding 149,500 square feet of commercial while simultaneously reducing the office component by 202,200 square feet. The proposed increases and decreases in square footages are presumed to maintain the vested traffic generation level of 13,020 average daily trips (ADT). Conclusion The proposed changes delineated in Amendment #2 are presumed to be a substantial deviation per Chapter 380.06 (19) of the Flodda Statutes. The applicant has provided the Substantial Deviation Determination Chart and a traffic study for review. Palm Beach County Traffic Engineering determined in a December 30, 2003 letter that NOPC #2 is projected to generate less peak hour trips than what was previously approved, and therefore meets the Traffic Performance Standards of Palm Beach County. Master Plan Modification This is the second amendment proposed for the Motorola DRI adopted in early 1980. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". These changing market conditions are evident in the history of this DRI, which was planned and developed by Motorola for their exclusive use. Motorola began scaling back its operations at the existing facility in 2001. In October of 2002, Motorola sold the property, and it has since been purchased by the current applicant. The Motorola site is zoned Planned Industrial Development (PID) and Community Commercial (C-3). The applicant proposes to create 41.24 acres of Mixed Use designation and 45.74 acres of Multi-family residential. The Mixed Use is proposed along the Congress Avenue corridor, wrapping around the comer along the Gateway Boulevard corddor and southward through the center of the development. The Multi-family residential development is proposed along the Lake Worth Drainage District (LWDD) E-4 Canal and the Boynton Canal (C-16), as well as between the Mixed Use along Congress Avenue and the Mixed Use running through the heart of the development. Two additional access points are proposed along Congress Avenue (see Exhibit "D" - Renaissance Commons (fka Motorola) DRI NOPC #2 Master Development Plan). Impacts The proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Motorola- DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Re.qional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Motorola DRI the major issue is whether there will be an increase in traffic beyond what was originally approved (13,020 average daily tdps and 1,634 peak hour trips) resulting from the requested land use changes. The applicant prepared a traffic study that was transmitted to the Palm Beach County Traffic Division for their customary review and approval regarding concurrency. The County formally responded to the study in writing, indicating compliance with the Traffic Performance Standards of Palm Beach County. As mentioned earlier, FDOT has indicated that the traffic analysis submitted for the NOPC was insufficient in the areas of trip distribution, calculation of pass-by trip reduction, clar'~cation of the residential component of the conversion matrix and intersection & driveway analyses. The applicant's traffic consultant has prepared the information and gathered the data requested by FDOT and forwarded it to each review body. All agencies will review the new information and provide comments as soon as possible. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. Typical areas identified for review regarding potential local impacts are discussed below: Traffic - The traffic study methodology is a local concern as well. Palm Beach County has determined there are no additional local impacts associated with NOPC ~2. The Master Plan proposes two additional entrances on Congress Avenue. Permits from Palm Beach County are required for these entrances. Turning movements and signalization issues will be evaluated and addressed at the site plan stage. Utilities - Based on the original Motorola Application for Development Approval the DRI is vested for 127,000 gallons per day (gpd) for both water and sewer. The City projected demand for the proposed development in NOPC #1 at 294,215 gpd for water and 255,865 gpd for sewer. This calculation is based on the formula in Chapter 26 of the Code of Ordinances. For NOPC #2, demand is projected to be 674,967 gpd for water and 560,193 gpd for sewer. Due to the magnitude of the increase above the prior approval, the Utilities Department is requiring that an evaluation of the off-site water and sewer service be conducted by the City at the applicant's expense. Any required improvements to the water and sewer systems and related levels of service will be borne by the developer. Additionally, the Utilities Department is continuing to refine the conversion matrix figures for each use proposed by the applicant and will have the final say on the exact numbers for each. These recommendations are addressed in Exhibit 'E" - Conditions of Approval. Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Draina,qe - Drainage will also be reviewed in detail as part of the site plan approvals, and must satisfy all requirements of the city and local drainage permitting authorities. The applicant submitted a copy of the current South Florida Water Management permit for the existing site. This permit will require modification based on the proposed development plan for the site. Environmental - The City's Forester/Environmentalist indicated in NOPC #1 that there were existing Burrowing Owl nests located on the Motorola property in the area of the proposed change. The applicant submitted a Migratory Bird Nest Removal Application with the State of Florida Fish and Wildlife Conservation Commission (FFWCC), as required, and a permit for Nest Burrow Removal was issued by the agency. A 100% site survey was conducted and three nest burrows were identified and excavated on January 14, 2004, in accordance with the permit. The City is in receipt of the Final Report from the FFWCC indicating that each of the burrows were determined to be "inactive", containing no eggs or flightless young. School Concurrency - The NOPC includes a request for 1,551 dwelling units, an increase of 1,001 from NOPC #1. This requires concurrency approval from the School Distdct of Palm Beach County. The applicant submitted a concurrency application to the School District and was approved for concurrency. A copy of the approval form was submitted to the Planning and Zoning Division. Parks and Recreation - Residential units are also subject to the city's park and recreation impact fee. The fee will be calculated based on the type of units constructed and will be due at the time the first building permit is issued for the residential portion of the proposed development. The City required that the applicant provide a greenway/pathway easement along the LWDD E-4 Canal to the east and the Boynton Canal C-16 to the south when Phase I of the Renaissance Commons site plan was approved. Consistency and Compatibility with City Policies In order for the proposed development to go forward the land use and zoning are being simultaneously changed on the site. The applicant proposes to change the land use from Industrial (I) and Local Retail Commercial (LRC) to a new category, Development of Regional Impact (DRI) and change the zoning from Planned Industrial District (PID) and C-3 (Community Commercial) to a new category, Suburban Mixed Use (SMU). The applicable Comprehensive Plan policies in support of the proposed amendment are: Objective 1.15 of the Future Land Use Element and its policies provide the basis for approval of mixed use development in the city, as follows: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development." City staff is proposing an amendment to the Land Development Regulations for a Suburban Mixed Use zoning district, to be utilized for this and other similar-sized mixed-use projects that Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 will not be located in the City's adopted Community Redevelopment Area. In addition, the creation of a Development of Regional Impact land use classification, and the companion Comprehensive Plan text amendment, will provide site-specific ranges and intensities of uses allowed. Policy t.19.2 provides the directions for re-designation of lands classified as "Industrial" on the Future Land Use Map: "The City shall provide continued effort to allow for industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis." The proposed development for the site is consistent with the cited policy in that it will provide both commercial and residential development, is expected to generate employment opportunities and provide goods and services, as well as add to the range of housing opportunities in the City. The adoption of Motorola NOPC Amendment #2 is conditioned upon the approval of the land use amendment and rezoning request (see Exhibit "E" - Conditions of Approval). Conclusion The only regional issue of significance is traffic. It is a significant issue on which both the Substantial Deviation determination and concurrency approval are based. Palm Beach County Traffic Engineering has already determined NOPC ~2 would comply with the Traffic Performance Standards of Palm Beach County. Staff believes the additional data and analyses provided by the traffic consultant will help resolve any outstanding issues. Local impacts will be addressed in the Conditions of Approval for the NOPC #2. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Resolution of any traffic issues will be required to be resolved before any permits will be issued. Therefore, staff recommends approval of DRIA 03-001 subject to the Conditions of Approval attached in Exhibit Regarding the proposed modifications to the Motorola Master Plan staff recommends approval subject to the Conditions of Approval attached in Exhibit "E". EXHIBIT TYPE OF LAND CHANGE PROPOSED ORIGINAL PREVIOUS USE CATEGORY. PLAN PLAN D.O. CHANGE & DATE OF CHANGE #~o. "'1 ....... I1"., 8it~ loc~omd ~, l~OW, Extem~ Vehicle -'- ") Trip, - ~.o. ~o~o~ .:$, ~,11 "" ~,.,,- '" ADA Representations " ' i"'~ .... ~' I " Terminal '(.gro~s . square Apron Area - f~) WPB:164987'.3 EXHIBIT Site locational Airpor{ Acreage, including drainage, ROW, ' . casements, etc. I ' NA Vehicle Trips- Airporls' (cont.) ! D.O. Conditl~[m 'I ,, Ii' ,,;. ~'"' · . representations l#~s~-~... :il , II .... Building (gro~s square feet) Site locafional changes ,, , :, ,, ;,~ ...... .: Acreage, including .. dra/nage, POW, Hospitals easements, etc. External Vehicle Trips D'°'c°n~°~ I. .... '11" ,:- ADA -, representations WPB:164987:3 EXHIBIT "B" - Acreage, 0 acres 10.3 acres including drainnge, ROW, $7 acres (Ord. 02-061) · esg¢Inents, etc. ** could be 128,000 s.f. Building (gross introduced into 850,000 s.f. (Ord/02-061) square feet)' mixed-us, 12/1'//02 .Industrial' development ~on of Use. ii Employees chemical storage (barrels and pounds) ~ Site locational # External vehicle Ups Industrial (cont.) D.O. Condition, . ADA Mixed-Use Indush'ial Multiple Use representations Project Park Project 1Vl~nlng Operations Acreage mined vear) Water withdrawal (gaVdar) Size of mine (acres), including NA drainage, ROW, easements, etc. Site locational WPB:164987:3 # External vehicle ADA representations .. ' ' Acreage, . 29.0 acres ' includi~ 41.24 acres of 0 acres (Ord. 02-061) drainage, R0~r, mixed'use 12/1 7/02 easements, e~. . ,,! , , , ~.i ~,' · ~ 450,000 s.f. Building ~,~,ss '247,s00 s.f. 0 s.£. * (ora. 02-0~1) square fee0' .. Sit~ locational Chang~ # External vehicle I .0 Con&tiom aD^ .I Office (cont.) representations me within industrial use Petroleum/Chemical Storage Capacity · Storage (barrel-q and/or .. pounds) .. Distance Navigable Waters . (feet): Sim locations changes WPB:164987:3 EXHIBIT "B': Facility Acreage, ! ~' including NA drainage, ROW, easemell~s, eic. # Bxtemal vehicle ips ADA repreSentatiOns # Boats, wet NA storage · ' # Boats, dry storage. Dredge and fill (ca yds.) Petroleum storage site ~oCational changes Ports (Marinas). Port Acreage, includln~ drainage, ROW, easemellts~ etc. # External vehicle ADA · - representations WPB:164987:3 ~- 500 MF du's # Dwelling units.1551 MF du's 0 (Ord. 02-061) 12/1'7/02 Type ofdwelling Multi-family NA ~ ' (Ord. 02~.061) Residential Acreage, drainage,including RO~i,' 45.74 acres 0 (Ord~ 02'061) ,~.. 1 2/17/02 Site locational changes # External vehicle trips .. Acreage, .29.0 acres including 41.24 acres of . 0 acres (Ord. 02-061) drainage, ROW, mixed:use 12/17/02 Floor Space 63,500 s.f. (gross square 2!3,000 s.f. 0 s.f. (Ord. 02-061) feet) 1 2/17/02 Wholesale, Retail, ' " ' .... Site locational changes # External vehicle trips' ADA repre~¢ntafiom · WPB',164.987,~3 .ExHIBIT"B". Floor space (gross square # ParMng Places i~e~,o'~ "11 II., .... II ,,,,'"' Site locationai Hotel/Motel , · Acreage,' · . includ!n~ NA drainage, ROW, casements, etc. # External vehicle trips representatiom. Acreage, including NA drainage, ROW, casements, crc. I#~;~ Buildin~ (gro.ss ~u~ feet) ~v.~ :.m~,o~;' II "1I" Site locational chases # External vehicle trips ~.o.~o~o~ I1' ADA representations WPB:164987:~ EXHiBiT -fi,' Site locational - changes Open Space (All ,,,,, ~ ~,,~ ,,~, ' natural and vegetated Type of open nOn, impervious space .. surfaces) .......... L,/, ....... : ......... ' .... . "'~ , "" " D.O. Conditions ADA - Acreage , ,I NA '- Site locational changes PreservatiOn, Buffer or " -." : ' SpecialProtecfion Development of - Areas site prop0s~d ADA representafion~ WPB:164987:.3 , :~.~T "c- , , , ~ ........ : ............... '._' .......... ~1_'.! ........ t . CONCEPTUAL MASTER PLAN PHASE I LEGEND ,, d CONCEPTUAL MASTER 'PLAN PHASE Iil LEGEND 8OYT(3N 8EACH. PAUM BEACH CC"dI,,qTY. Ft.DRtC)~ OIGIUUAN. ~PE1J. ACY. & MEYER E)(HI~T "C" CONCEPTUAL MASTER PLAN PHASE II LEGEND O~l I.~4t U44 & Recreatlonet MOTOROLA (DRIA 03-t~01)-EXHIBIT Location Map PUD C3 SITE Q PARK C3 EXHIBIT"D" EXHIBIT "E" Conditions of Approval Project name: Renaissance Commons (fka Motorola) DRIA File number: DRIA 03-001 Reference: 2~a review plans identified as a Development of RegionaI Impact Amendment Master Plan with a ~ 27, 2004 : & DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the project. 2. Justify the water and sewer values used in the conversion matrix. Those X numbers should relate to what actually has been purchased to date. Provide .specific justification for the high values applied to office and industrial uses 3. Based upon the applicant's conversion matrix (which we do not accept), the X site exhibits an increase from the current use of 2161.66 dwelling units (equivalent) to 3281.01 dwelling units (equivalent) with the proposed change. A change of this magnitude would require the applicant to fund a re-study of the Utilities Master Plan for water and wastewater in the affected area. Any cost for utility upgrades as a result of impacts from this project shall be borne by the applicant. Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: 4. Provide a master storm water management plan in accordance with the X LDR, Chapter 3, Article IV, Section 3.T. BUILDING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 5. Provide a letter from the South Florida Water Management District X regarding impacts to ground and surface water as a result of the proposed change, prior to issuance of any building permits. 6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 7. Indicate the width of all access points to ensure their compliance with City X code. Also show the access points to collector and arterial streets indicating their compliance with access requirements within the code. 8. The approval of NOPC #2 is contingent upon the approval of the Land Use X Amendment to Development of Regional/mpact (DRI) and Rezoning to Suburban Mixed Use (SMU). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:kPlanning~SHARED\WP~PROJECTS~Renaissance Commons~DRIA 03-001/MPMD 03-002~2OA.doc XII. - LEGAL CITY OF BOYNTON BEAC ITEM A.3 AGENDA ITEM REQUEST F( Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June I, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business "o AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved the subject request under Legal, Ordinance - First Reading on March 16, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-027. EXPLANATION: PROJECT: 503 North Seacrest (LUAR 03-010) AGENT: Don Stacks OWNER: Edward Eatman III LOCATION: 503 North Seacrcst DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre. Proposed use is single family residence. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Develo~e Dep~hrtm3nt ire"e~tor City Manager's Signature Planning and Z~mj~tDirector City Attorney / Finance / Human Resources S:kPlanningKSHARED\WPkPROJECTSXS03 N. Seacrest BlvdkLUAR 03-010kAgenda Item Request 503 North Seacrest LUAR 03-010 Amend 2nd reading4- 6-04.dot S:SBULLETIN~ORMSSAGENDA ITEM REQUEST FORM.DOC :1 ORDINANCE NO. 04- 0 [ 6 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 CONSISTING OF APPROXIMATELY 0.11 ACRES 6 AND LOCATED AT 503 NORTH SEACREST 7 BOULEVARD; AMENDING ORDINANCE 89-38 BY 8 AMENDING THE FUTURE LAND USE ELEMENT 9 OF THE COMPREHENSIVE PLAN OF THE CITY 10 FOR THE PROPERTY MORE PARTICULARLY 11 DESCRIBED HEREIN; THE LAND USE 12 DESIGNATION IS BEING CHANGED FROM LOCAL 13 'RETAIL COMMERCIAL (LRC) TO LOW DENSITY 14 RESDENTIAL (LDR); PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 16 DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Element by Ordinance No. 89-38 in accordance with the Local Government 21 Planning Act; and 22 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Plan as set forth in Chapter 163, Florida Statutes, has been followed; 24 2 5 WHEREAS, after public hearing and study, the City Commission deems it in the 2 6 interest of the inhabitants of said City to amend the aforesaid Element of the 2 7 Plan as adopted by the City herein. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 9 CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and 31 by this reference. :\CA\Ordinances\Planning\Land Use\503 North Seacrest.doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 g: 3 That the Future Land Use of the following described land shall be designated as 4 Density Residential (LDR). Said land is more particularly described as follows: 5 Lot 147, Block B, BOYNTON HILLS, according to the Plat 6 thereof, as recorded in Plat Book 4, Page 51, of the Public ? Records of. PALM BEACH County, Florida. 8 9 Section 3: That any maps adopted in accordance with the Future Land Use Element 10 be amended accordingly. 11 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 12 13 Section 5: Should any section or provision of this Ordinance or any portion thereof 14 declared by a court of competent jurisdiction to be invalid, such decision shall not affect 15 remainder of this Ordinance. 16 Section 6: This Ordinance shall take effect on adoption, subject to the review, 17 or appeal provisions provided by the Florida Local Government Comprehensive 18 and Land Development Regulation Act. No party shall be vested of any right by 19 all statutory required review is complete and all 2 0 legal challenges, including appeals, are exhausted. In the event that the effective date is 21 by state law or special act, the provisions of state act shall control. 22 FIRST READING this ] day of ,/~q~ V"C.~. ,2004. :\CA\Ordinances\Planning\Land Use\503 North Seacrest.doc 1 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 17 Commissioner 19 2O 21 Clerk 22 2 3 Seal) 24 :\CA\Ordinances\Planning\Land Use\503 North Seacrest.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. FE 04-027 TO: Chairman and Members Commtmity Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Miohael W. Rumpf Direotor of Planning and Zooing DATE: February 2, 2004 PRO,IECT DESCRIFFION Proj]eet/Appllcant~ 503 North Seactest Blvd/Don Stacks Agent: Don Staoks Location: 503 North Seacrest Bird ..... File No: LUAR 03-010 Property Description: Developed property consisting of approximately 0.11 acre, classified Commercial (see Exl~t "A') lh-oposed change/use: To reclassify from Local Retail Commetdal (IRC) ~o Low Density R-I-A ~ingle Family Resident/aL The applicant is ~ land use and zoning consi~-nt with ~he current use of the property, i.e. ~le family home. Adjacent Land Use~ and Zoning: · North: Developed single family home~ designated Low Density Residential (LDR, 4.84 dwellings per a~'e) and zoned R-l-A, Single Family Residential. South: Right-of-way NW 4~' Street, then property developed for the First Baptist Clmrch designated Local Retail Coa~porcial (LRC) and zoned C-2; farther west, devdoped single family homes designated Low Densi~ Residential (LDR, '4.84 dwe~tin~ per acre) and zoned R-l-A, Single Family Residential. East: Right0of-way of Seaorest Boulevard, then developed duplexes and single fatm'ly zoned R-2, Single- and Two-Family-Dwelling District West: Developed .single family homes designated Low Density Residential (LDP,, 4.84 dwellin$s per sore) and zoned R-l-A, Singe Family Resin. Page2 File Numbs. LUAR 03-010 503 North Seaorest ~ACKOROOND The ctment use of the subject property, a single family home, is a non-oonforming use under the current zoning district - C-2, Ne/ghborhood Commercial. However, since the value of tmlxovements on the property is le~s than $60,000, purnnnt to the Land Development Regulations, Chapter 2, Section 11.1.C.8, the single-family home cannot be converted to a commeroial use without a variance. . The lot appears to exist as was originally platted in 1925, whioh does not meet the ~ninlraum lot standards for the C-2 zoning district Therefore, the current us~ is ~bjeot lo all provisions · resmding reconstmotion and/or expansion of non-~nforming uses. PRO~ ANALYSIS The subject parccl totals :L-O. 11 acre. Bc~,ause of the size of the propert~ under consideration, thc Florida l~t of Commtmity Affairs classifies this amendment as a "small soale' amenchnent. A "small~oale" amendment is adopted prior to forwarding to the Florida De~t of Community Affairs and is not reviewed for oompliance with the state and regional 2, Section 9, ~ldmintstrat/on and 2~q?orce~nt, Item C. Comprehensive Plan .dmendmenU: ' inoludes an amendment to the Comprehensive Plan Future Land Use Map. The oriteria used to review Compreh~ Plan amendments md rezonings are listed in Chapter 2,' Section 9, Administration and F, nforcement, Item C. Comprehensive Plan Amendm~: Pa~zoning~r, of fhe Code. As per ~is requirement, the following criteria are applied in the analysis of the proposed rezoning: tt IFhether the proposed rezontng would be consistent with applicable comprehensive plan policie~ #tcludtng but not limited to, a prohibition against any Increase in dwelling unit density exce~d~g $0 in the Autricane evacuation zone without written approval of the Pahn Beach County l~mergency Planning Division and the City's risk manager. The planning department shall also recommend limitaaons or requirements, wldch would have to be imposed on ~bsequent development of the property, In order to comply with poltctes contained in the comprehenslve plan. The proposed rezoning is consistent with all applicable ~nnprehensive plan polioies. In partioular, it is consistent with polioies under ObjectiVe 1.9 ofgae Land Use Element: Object'ye 1.9 The City ~hall el#ntnate bligl~ed restdenaal neighborhoods and business dtsOqc~ through the adoption and Onplementatlon of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management F, lement to guide development and redevelopment along the Boynton Beach Boulevard and Ocean .~venue corrltlor~, within the commercial and residential Community Redevelopment .4reas, and within the vicinity orES. I and Marttn luther ICing Boulevard. Page3 File Number: LUAR 03-010 503 North Senorest The ta'operty is located within the Heart of Boynton C. ommmlity Redevelopment Area and thus the subject of a reeentty adopted redevelopment plan. Contrary to current land use and zoning designations on the property, the recordations of the redevelopment plan support residential use along the west side of Seam'east Boulevard, which is the location of the above-referenced propmy. The proposed rezoning does not affect density, neither is the property located within the hurricane evacontion zone. b. ~P~te.t~ the proposed re~ontng would be co~aty to tl~ e.~tablt~hed land use pattern, or would create an t~olated ~ unrelated to adjacent and nearby dtstr~, or would constitute a grant of ~ privilege to an Individual property owner as contra~ted with the protection of the publtc welfare. The proposed rezonln~ would be consistent with flae established residential land uses and will not family homes, as are lots south-west of gae property, nnd across NW 4a Avenue. Lots to the east of the property, across North ,qeacrest Boulennmt, are developed with a mix of single family homes and duplexes. c. 8zhether changed or changing conditions make the proposed rezoning desirable. The rovent adoption of the Heart of Boynton Redevel~t Plan and its ~datiom tezonlng de~kable. The recommendation in to reclassify ~ ~aid propertie~, fronting Sea,est Boulevard on the west ~ide betwem, appro~ly, NE 3 Avenue aad NE 7a Avenue, from Neighborhood Couaiaeroial lo R-1-A Single Family Rezi~. There are ~m-eatly no oommercial us~. in this area, indicating that, in lhe past, the mark~ ha~ not mppor~ commeroial d~ tVtw~er the proposed use would be compatible with utility systems, roadways, and other publlc factlittes. The proposed rezoning will not ~ any changez with reagect to demand for publio ~ Whether the proposed rezoning would be compa~le with the current and future use of a~acent and nearby propen~, or would a~ect the property values of adjacent or nearby propert~. use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby f. ~7~et~ the property is physically and economically developable under the existing zoning. The eom, er~on of ~h~ subjeot pwpmy to a ~ use may be physically and eoonomioally feas~ole some time in fl~e fuhwe. Az ~ated above, the marl~ lure not.mpported oommeroial Page 4 File Numbs. LUAR 03-010 503 North Seaorest developmmt in this loc~tion in the past. Moreover, pursusnt to fl~z Land Development Regulations, the property cannot be ~hanged to a conunerc~ use without a variance. g. ;Vhether the proposed rezontng is of a scale which is reaso~ related to the needs of the neighborhood and the city as a whole. The proposed rezo_n_/ng will hnve neglig~ole impact on the city as a whole. As stated above, the request is consistent with'recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. /~ ~ether there are adequate ~ites elsewhere in the city for the proposed use, in districts where ~uch u~e is already alloweA There are nlternafr~ sites fln'o~ the city for a single fanffly home use and developtmnt However, as documented above, ~i_s proposed boundary adju~iment is minor and compa~'ble with CONCLUSIONS/RECO~ATIONS · As indic, nted herein, this request is consistent with the intent of the Compre~ Plan, will not Moreover, given the lot characteristics and conflict with ~ zoning regulations, the request represents the most logical action. Lastly, it'is consistent with the Heart of Boynton ' conditions of approval are recommended ~ the Plannin~ and Development Board Or mluired by ATTACHMENTS LUnA I-IUN MAP EXHIBIT"A',' 503 N. SEACREST BLVD. 'z MeDR -' NW 4TH-AVE ~.- 11~.4'rH. AVE LRC '~ ~ 012.~$ 50'~6' · - _ ln~eet XII. - LEGAL CITY OF BOYNTON BE3 rrEM A.4 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] April7,2004 March l5, 2004 (Noon.) [] Junel,2004 / May l7, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) C3 [] May18,2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 200n (Noon) 'g:- .-..~"~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business "~ ~::~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing "- [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved the subject request under Legal, Ordinance - First Reading on March 16, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-027. EXPLANATION: PROJECT: 503 North Seacrest (LUAR 03-010) AGENT: Don Stacks OWNER: Edward Eatman III LOCATION: 503 North Seacrest DESCRIPTION: Request to rezone from C-2 Neighborhood Commercial to R-1-A Single Family Residential. Proposed use is single family residence. PROGRAM IMPACT: FISCAL IMPACT: Develop~ epar~ent Director ! C~t~ Manager's Signature Planning and Zo~tm'~ Director City Attorney / Finance / Human Resources J:'~SHRDATA~Ianning~SHARED\WPLPROJECTS\503 N. Seacrest Blvd\LUAR 03-010\Agenda Item Request 503 North Seacrest LUAR 030010 Rezone 2nd reading4-6-O4.dot S:'xBULLETIN~ORMS'xAGEBIDA ITEM REQUEST FORM.DOC 3- ORDINANCE NO. 04-0 / 7 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 EDWARD EATMAN ]]1, AMENDING 6 ORDINANCE 02-013 OF SAID CITY BY 7 REZONING A PARCEL OF LAND MORE a PARTICULARLY DESCRmED HERErN, 9 FROM C-2 (NEIO~ORHOOD 3-0 COM~RC~,L) TO R-1-A (SINOLE 3-3- FAMILY RESIDENT~L); PROVIDINO 3-~. FOR CONFLICTS, SEVER,~mrrY AND 3-3 AN E~VECTWE DATE. 3_4 3- 5 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 3_6 tdopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 3-'7 Zity; and la WHEREAS, Edward Eatman 1II owner of the property more particularly 3-9 lescribed hereinafter, has heretofore filed a Petition, through his agent, Don Stacks, 2 0 mrsuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of 2 3- {oynton Beach, Florida, for the purpose of rezoning a tract of land consisting of 22 tpproximately 0.11 acres, said land being more particularly described hereinafter, 23 'rom C-2 (Neighborhood Commercial) to R-1-A (Single Family Residential); and 24 WHEREAS, the City Commission conducted a public hearing and heard 25 estimony and received evidence which the Commission finds supports a rezoning for 2 6 he property hereinafter described; and 27 WHEREAS, the City Commission finds that the proposed rezoning is 28 :onsistent with an amendment to the Land Use which was contemporaneously 29 zonsidered and approved at the public hearing heretofore referenced; and g:\CA\OrdinancesXPlanningLRezoningLRezoning - 503 North Seacrestdoc 1 WHEREAS, the City Commission deems it in the best interests of the 2 .nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 3 get forth. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 5 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing Whereas clauses are true and correct and ? ncorporated herein by this reference. 8 ~ection 2. The following described land, located in the City of Boynton Beach, 1 9 ~lorida as set forth as follows: 10 11 Lot '147, Block B, BOYNTON HILLS, according to the Plat 12 thereof, as recorded in Plat Book 4, Page 51, of the Public 13 Records of PALM BEACH County, Florida. 1,I 15 16 and the same is hereby rezoned from c-2 (Neighborhood Commercial) to R-1-A (Single 17 ~ Residential). A location map is attached hereto as Exhibit "A" and made a part of 18 Ordinance by reference. :1_9 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 20 2:1_ Section 4: All ordinances or parts of ordinances in conflict herewith are 22 23 Section 6: Should any section or provision of this Ordinance or any portion 24 ~ereof be declared by a court of competent jurisdiction to be invalid, such decision shall 25 affect the remainder of this Ordinance. 26 Section 7. This ordinance shall become effective immediately upon passage. g:\CA\OrdinancesXPlanningXRezoningXRezoning- 503 North SeacresLdoc 2 SECOND, FINAL READING and PASSAGE this __ day of ., 2004. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 9 Vice Mayor 10 11 :1_2 Commissioner 13 ]_4 ]_ 5 Commissioner ]_6 ]_7 ]_ 8 Commissioner ]_ 9 ATTEST: 20 21 22 City Clerk 23 2 4 (Corporate Seal) S:\CA\OrdinancesXPlanningXRezoningkRezoning - 503 North Seacrest.doc -.-vv~-~ ! I¥11 '~1/'~1-- EXHIBiT"A" 503 N. SEACREST BLVD. DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. I)Z 04-027 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUOH: Miohael W. Rumpf Director of Planning and Zoning DATE: Felmmry 2, 2004 PROJECT DESCRIF~ON Project/Applicant: 503 North Seacrest Blvd/Don Stacks Agent: Don Stacks Location: 503 North Seacrest Bird File No: LUAR 03-010 ' Property Description: Developed property consisting of approximately 0.11 acre, clnssified Commercial (see axl~t l'roposed change/use: To reclassify from Local Retail ~ (LRC) te Low Density Residenfinl (LDR) nnd to rezone from C-2 Neighborhood Commercial to R-I-A Single Family Residential. The applicant is reque~i~ land use and zon/ng consistent with the current use of the property, i.e. single family home. Adjacent Land Uses and Zoning: North: Developed single femily homes designated Low Density Residential (LDI% 4.84 dwellings per acre) a~d zoned R-l-A, Single Family Resideatial. South: Right-of-way lqW 4~ Street, then property developed for ~ First Baptist Clmr~h designated Looal Retail Commercial (LRC) and zoned C-2; farther west, developed single family homes designated Low Demity Residential (LDR,'4.84 dwellin~ per acre) and zoned R- l-A, ~ingle Family Residential. East: Right0of-way of Seaexest Boulevard, then developed duplexes and single family homes designa~l Medium Density Re~i~ (MeDR, 9.68 dwellings per acre) and zoned R-2, Single- and Two-Family-Dwelting Dh~v't. West: Developed .~gle family homes des/gnated Low Density Resident/al (LDR, 4.84 dwellings per aero and zoned R-I -A, 5ingle Fan/l¥ Rest~. Page 2 . File Numbe~. LUAR 03-010 503 North Seaorest BACKGROUND The current use of the subject property, a single family home, is a non-conforming use under the current zoning district - C-2, Neighborhood ~al. However, since the value of improvements on the property is less thnn $60,000, pursuant to the Land Development Regulations, Chnpter 2, Section 11.1.C.8, the single-family home cannot be oonverted to a co_~,~x~ial uae without a variance. , The lot appears to exist as was originally platted in 1925, whioh does not meet the minimum lot standnrds for the C-2 zoning district, Therefore, the ourrent uae is subject to aH provisions · . regnrding reconstruction and/or expamion of non-oonforming uses. I'RO~CT At~ALYStS The subject tmrcel totals :~0.! 1 acre. Beeauae of the size of the property under consideration, the Florida Dep~u~ent of Community Affairs classifies this amendment u a "small scale" Department of Comanmity Affairs and is not t~viewed for compliance with the sta~ and regional 2, Section 9, Adm~tstrat~on and En£orcement, Iran C. Comprehensive Plan Amendments: 2,' ,~ion 9, Administra#on and Enforcemeat, Item C. Con~prehensgve Plan Amendments: Rez. on~g~, of ~e Code. As per this ~t, the following criteria are applied in the analysis - o£the propoa~ t~tin~: a. fl~her the proposed rezoning would be consist~ w~th applicable comprehensive plan polk:les Including but not I~nited to, a prohtbtt~on against any increase In darling unit density ~,ceeding ~0 tn the htwrlcane emcua~n zone without approval of the Palm Bea~ County Emergency Planning D~s~on and the City's manager. The placing ~ shall also re~mme~ l~mitattons or retirements, which would lucre to be ~osed on subsequent devel~ment of the properly, ~n order to comply with poltdes contained tn the comprehensive plan. The proposed rezoning is consistent with aH appli~ble comprehen~ve plan policies. In particular, it is consisl~t with policies under Objective 1.9 of ~e Land Use Element: Object~ 1.9 The Cay shall eliminate blighied res~lentlal neighborhoods and business districts through the adoption and lmplementat~n of Conununlty Redevelopment Plans Inc. luding the Boj~on Beach 20/20 Redevelopment Master Plan and the Coastal Manageme~ E~meat to gutde develop~ and redev~opment along the Boynton Beach Boulemrd and Ocean Avenue corridors, within the commerc~ and r~ Commun~ Redevelopment Areas, and within the vicinity oft/.8. 1 and Ma~ttn l, uther l~g Boulevard. Page 3 File Number:. LUAR 03-010 503 North Seacrest The property is loca~ within ~te Heart of Boynton Community Redevelopment Area and thus ~ subject of a recently adop~ redevelopn~t plan. Contrary ~o current laud use and zoning designations on the property, the recommendations of the redevelopment plan support residential use along the west side of 5eacreast Boul~,ard, which is ~he location of the above-referenced The proposed rezoning does not affect density, neither is the property located within the hurriesne evacuation zone. b. Witether the proposed rezontng would be contrary to the established land use pattern, or would create an tsolated dtswict unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an lndivtth~ property owner as contrasted with the protection of the publtc welfare. The proposed rezon/n~ would be consis~mt with the established re~idzntial land uses sad will not family homes, as sre lots soutlpwest of the property, and across NW 4~ Avenue. Lots to the east of the property, across North 8e~rest Boulevard, sre developed with ~ mix of sln~e fami~ c. FlUb'ether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Redevelopment Plan ,nd its recommendations rezon/ng desirsble. The recommendation is to reclassify ~ said properties, _fi0ntin___g S~crest Boulevard on the west side between, approximately, NE 3' Avenue and HE 7~ Avenue, from Local Retail Commercial to Low Density Residential, ~nd rezone them from the current C-2 Neighborhood Commercial lo R-1-A Single Family Residential. Tlmre are cmremtly no development. ~ rehether the proposed use would be compatible with utility systems, roads~s, and other public facagaes. The proposed rezonin~ will not ~ any clmnges with respect to demand for public facilities. ~ ~Vhether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, ~he proposed use of the property will be compaU'ble with the current and future use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby f. Whether the property is physically and economic~y developable under the existing zoning. The conversion of ~e subject property ~o a commeroial use may be plosically and economically feam~ole some time in the futme. As stated above, the market has not.supported comme~al Page 4 File Numbs. LUAR 03-010 503 North 5eao~t development in thi~ location in the past. Moreover, pursuant to the Land Development g. Whether the proposed resoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezon/ng will have neglig~ole impact on the city as a whole. As stated above, the request is consistent with'recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. N,'hether there are adequate ~ites elsewhere in the city for the proposed us~ in districts where such use ts already allowed. The~ are alternative ~itea throughout the city for a aingle family home uae and development. However, aa documented above, this propoaed boundary adjustment ia minor and compatible with create additional impa. c~s on in~ and w~l be oompatible with adjacent land u~e~. Moreover, given the lot ~ca and conflict with ~ zonin~ wgulations, the requ~ represents the most logical aotion. Lastly, it'i~ ~t with the Heart of Boyn~ · conditions of approval are tn~am~led 5y the Planning and Devcl~t Board Or required by the City Commission, they vn~ll be included as Exlffbit "B'. A'I'FACndMENTS LUriA IIUN MAP EXHIBIT"A" 503 N, SEACREST BLVD. - MeDR Z , ! NW 4TH..AVE - ~.-I I~ .4TH. AVE LRC~ ~ '" L[~ CITY OF BOYNTON BEAt xii.- LEGAL AGENDA i_5 , QUEST ITEM A.5 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December i, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 janizary 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business :~ AGENDA ITEM [] City Manager's Report [] Presentation ~ [] COnsent Agenda [] Public Hearing ~ [] Code compliance/Legal Settlements [] Unfimshed Business ~: RECOMMENDATION: Approval of Ordinancq am_epdi~_ g Chapte~r 20, Se_etlon 8, Subsection C.2 of the Land Development Regulations and- Chapter 15 Section 15-16 of the City of Boynton Beach Code of Ordinances providing more specific criteria for exterior identification/nUmbering. EXPLANATION': A Building Identification Team was formed under the direction of the City Manager and_coordinated by Fire Chief, William Bingham, to devise ways to improve the identification nUmbering for all buildings-in the City. The team's objective was to ensure citywide compliance with existing code requirements regarding proper and visible address numbers on all bUildings. This project has universal benefits to the City, but is especially important to police and fire rescue emergency services. PROGRAM IMPACT: None FISCAL IMPACT: None Quintus I~r~ne, ]~p~ne"~t D~eCtor :it~ Manager'~ signature D~velopment Department City 2(t~me~ / Finance / Human Resources SABULLETIN~oRMs'~AGENDA ITEM REQuEsT FORM.DOC I ORDINANCE NO. 04-0 / ~7/ 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAtYFER 20 BUILDINGS, HOUSING & 6 GENERAL CONSTRUCTION, SECTION 8. SUBSECTION 7 C.2, AND CHAPTER 15 OF THE CODE OF ORDINANCES, 8 SECTION 15-16; PROVIDING MORE SPECIFIC CRITERIA 9 FOR EXTERIOR IDENTIFICATION/NUMBERING; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission, upon recommendation of staff, deems it 14 tecessary and in the best interests of the citizens and residents of the City of Boynton Beach, 15 amend the Code of Ordinances and the Land Development Regulations to add more 16 criteria for exterior identification/numbering of all existing single family and multi- 17 units and commercial structures. 18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing whereas clause is true and correct and is now ratified and 21 y the City Commission. 22 Section 2. That Chapter 20. Section 8., of the Land Development Regulations of 23 City of Boynton Beach Code of Ordinances is hereby amended by adding the words and 24 in underlined type, as follows: 25 Sec. 8. Building security code. 26 ... 27 C. Administration: 28 ... 29 2. Applicability. This code applies to the construction, alteration, repair, change of 30 occupancy classification or relocation of every building or structure or any 31 appurtenances connected or attached to such buildings or structures occupied for 32 commercial or residential purposes. All existing single family and nmlti-family units 33 and commercial structures shall have exterior identification/numbering as set forth in 34 subsections E.16 and F.13 of this section. 35 Section 3. That Chapter 15 of the Code of Ordinances of the City of Boynton 36 Beach, Section 15-16. is hereby amended by adding the words and figures in 37 underlined type, as follows: 38 Section 15-16. Mandatory street numbers on all buildings. :\CA\Ordinances'J-.DR ChangesLMndending LDR - Chapter 20 house numbering.doc 1 (a) The owners and/or occupants of all properties having a building within the 2 limits shall install and maintain in a conspicuous place a correct street number of 3 size, shape and character, to be visible and readable from the adjacent street. Al__~l 4 family and multi-family units and commercial structures shall have exterior 5 dentification/numbering as set forth in subsections E.16 ahd F.13 of the Land Development 6 ulations of the City of Bovnton Beach, Chapter 20. Section 8. subsections E. 16 and F. 13. 7 Section 4. Each and every other provision of the Land Development Regulations 8 Code of Ordinances not herein specifically amended, shall remain in full force and effect 9 originally adopted. 10 Section 5. All laws and ordinances applying to the City of Boynton Beach in 11 with any provisions of this ordinance are hereby repealed. 12 Section 6. Should any section or provision of this Ordinance or any portion 13 declared by a court of competent jurisdiction to be invalid, such decision shall not 14 the remainder of this Ordinance. 15 Section 7. Authority is hereby given to codify this Ordinance. 16 Section 8. This Ordinance shall become effective immediately. 17 FIRST READING this __ day of ,2004. 18 SECOND, FINAL READING AND PASSAGE this __ day of 19 2004. 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 23 Mayor 24 25 26 Vice Mayor 27 28 29 Commissioner 30 31 32 Commissioner 33 34 35 Commissioner 37 38 39 t Clerk 40 41 ~:\CA\Ordinances~LDR ChangesXAmdending LDR - Chapter 20 house numbering.doc XII. - LEGAL CITY OF BOYNTON BE, ITEM B.1 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - First Reading. On January 6, 2004, the City Commission with a unanimous vote approved the transmittal of the corresponding Land Use Amendment request to the Florida Depai-tment of Community Affairs (DCA). The correspondin~ item has returned from the DCA and is now ready for ordinance processing. For further details pertaining to the attached Department of Development Memorandum No. PZ 03-302. EXPLANATION: PROJECT: Bermuda Bay (ANNEX 03-002) AGENT: Michael J. Covelli, Caulfield & Wheeler, Inc. OWNER: National Land Company, Inc. LOCATION: East ofi-95, north of Lake Ida Road and south of Diane Drive On DESCRIPTION: Request to annex 17. 12-acres of unincorporated land to be concurrently reclassified and rezoned for 17 single-family homes. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVE~~ Develo~nt ~epalrlment Director ~ City Manager's Signature ~ '~ ~ecto~ City Attomey / Finance / Human Resources / Planning and Zoning S:~Planning~SHARED\WP~PROJECTS~Bermuda Bay~aNEX 03-002Lttgenda Item Request Bermuda Bay Ist reading Annex 03-002 4-7-04.dot S:XBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 03- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORDA, ANNEXING 17.12 ACRES OF 5 LAND THAT IS CONTIGUOUS TO THE CITY LIMITS 6 WITHIN PALM BEACH COUNTY AND THAT WILL, 7 UPON ANNEXATION, CONSTITUTE A 8 REASONABLY COMPACT ADDITION TO THE CITY 9 TERRITORY, PURSUANT TO ARTICLE I, SECTION 7 10 (32) OF THE CHARTER OF THE CITY OF BOYNTON 11 BEACH, FLORIDA, AND SECTIONS 171.044, AND 12 171.062(2), FLORIDA STATUTES; PROVIDING THAT 13 THE PROPER LAND USE DESIGNATION AND 14 PROPER ZONING OF THE PROPERTY SHAIJ~ BE 15 REFLECTED IN SEPARATE ORDINANCES TO BE 16 PASSED SIMULTANEOUSLY HEREWITH; 17 PROVIDING FOR CONFLICTS, SEVERABILITY, 18 CODIFICATION AND AN EFFECTIVE DATE; 3.9 PROVIDING THAT THIS ORDINANCE SHAIJ~ BE 2 0 FII.ED WlTH THE CLERK OF THE CIRCUIT COURT 21 OF PALM BEACH COUNTY, FLORIDA, UPON 2 2 ADOPTION. 23 2 4 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 2 5 development of an Annexation Program; and 26 WHEREAS, National Land Company, Inc., through its agents, Michael J. 2 7 Covelli, Caulfield & Wheeler, Inc., as owner of the property more particularly described 2 8 hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, 2 9 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing 3 0 a certain tract of land consisting of approximately +17.12 acres; and 31 WItEREAS, the City of Boynton Beach hereby exercises its option to annex the 32 following tract of land as hereinafter described, in accordance with Article I, Section 7 33 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 34 and 3 5 VqI-IEREAS, said tract of land lying and being within Palm Beach County is S: \CA\Ordinances\Plannin~I\Annexations\Annexati°n - Bermuda Bay.doc l contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 2 annexation, constitute a reasonably compact addition to the City territory. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 4 OF TItE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. That each and every Whereas clause is tree and correct. 6 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 8 unincorporated and contiguous tract of land situated and lying and being in the County 9 of Palm Beach, Florida, to wit: 10 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 11 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE 12 PARTICULARLY DESCRIBED AS FOIJ.OWS: 13 14 BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY OF STATE ROAD 9 (I- 15 95) INTERSECTS THE NORTH LINE OF THE SOUTH ~A OF THE SOUTH ½ OF SAID 16 SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS MEASURED ALONG SAID 17 EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST CORNER OF LOT 1, 3.8 BLOCK 1, "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32, PAGES 53 19 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 20 THENCE ALONG SAID RIGHT-OF-WAY I]NE S18°31'15"W (ASSUMED). A 23. DISTANCE OF 950.91 FEET THENCE N 65°52"48"E, A DISTANCE OF 90.85 FEET TO 2 2 A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, 23 CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND A 24 CENTRAL ANGLE OF 53°41'47'' A DISTANCE OF 99.58 FEET; THENCE S59°34'14"E 2 5 A DISTANCE OF 99.58 FEET; THENCE S 59034, 14"E, A DISTANCE OF 93.09 FEF. T; 26 THENCE N30°25'46"E, A DISTANCE OF 137.40 FEET; THENCE S89°34'14"E, A 27 DISTANCE OF 275.96 FEET; THENCE N01°39'45"E, A DISTANCE OF 125.40 FEET; 28 THENCE N37°41'35"E, A DISTANCE OF 88.34 FEET; THENCE N00°52'00"E, A 29 DISTANCE OF 5.28 FEET TO THE INTERSECTION OF THE WESTERLY IJNE OF 3 0 BLOCK 1, "LAKE EDEN SUBDMSION PLAT NO.2", AS RECORDED IN PLAT BOOK 31 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 32 N21°14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 803.98 3 3 FEET TO THE MOST WESTERLY CORNER OF LOT 1 OF SAID BLOCK 1 OF "LAKE 3 4 EDEN SUBDIVISION PLAT NO. 2"; THENCE N18°30'15,'E ALONG THE 3 5 NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 FEET 3 6 TO THE SOUTHEAST CORNER OF PARCI~J A, AS SHOWN ON THE PLAT OF 3 7 "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 53 AND 54, 38 PUBLIC RECORDS OF PAIJM BEACH COUNTY, FLORIDA; THENCE N71°28'45"W S: \CA\Ordinances\Planning\Annexations\Annexation - Bermuda Bay.doc 3. ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 199.88 FEET TO 2 THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE N18°31'15"E ALONG 3 THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE 4 SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF "LAKE VIEW 5 HAVEN"; THENCE N71°28'45"W ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 6 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, 7 BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 9 (I-95); 8 THENCE S18°31'15"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE , A 9 DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. 3.0 3.1 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. 3.2 CONTAINING 745,806 SQUARE FEET/17.121 ACRES MORE OR I.ESS. 3.3 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND 14 RIGHTS-OF-WAY OF RECORD. 3_ 6 CONTAINING APPROXIMATELY +17.12 ACRES OF LAND 3_7 3_ 8 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 3_ 9 be and become part of the City with the same force and effect as though the same had 2 0 been originally incorporated in the territorial boundaries thereof. 2 3_ Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 22 is hereby amended to reflect the annexation of said tract of land more particularly 23 Section 1 of this Ordinance. 24 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 25 designation and Land Use category is being determined as contemplated in Section 26 171.162(2), Florida Statutes. 27 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 28 29 Section 5: Should any section or provision of this Ordinance or any portion thereof 30 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 33_ of this Ordinance. 32 Section 6: This Ordinance shall not be passed until the same has been advertised S:\CA\Ordinances\Planning\Annexations\Annexation - Bermuda Bay.doc 1 two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 2 Florida, as required by the City Charter and Section 171.044, Florida Statutes. 3 Section 7. This ordinance shall become effective immediately upon passage. 4 Section 8. Specific authority is hereby given to codify this Ordinance. 5 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 6 Circuit Court of Palm Beach County, Florida. 7 FIRST READING this ~ day of ,2004. $ SECOND, FINAL READING and PASSAGE this ~ day of ,2004. 9 CITY OF BOYNTON BEACH, FLORIDA 10 12 Mayor 3-4 15 Vice Mayor 3-6 17 3- 8 Commissioner 3_9 2O 2 3- Commissioner 22 2 3 ATTEST: 24 Commissioner 25 26 City Clerk 27 28 S:\CA\Ordinances\Planning\Annexations\Annexation - Bermuda Bay.doc DEVELOPMENT DEPARTMENT PLANNZNG & ZONI'NG DZVZS[ON MEMORANDUM NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and City~,~ssion FROM: Dick Hu~I~AICP Senior Planner THROUGH: Michael W. Rumpf-'~'~- Director of Planning and Zoning DATE: December 2, 2003 PRO3ECT NAME/NUMBER: Bermuda Bay/ANEX 03-002, LUAR 03-007 REQUEST: To annex the property, reclassify from MR-5 Residential and Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) and rezone from IL-Industrial, CG-General Commerdal and RS-Residential (Palm Beach County) to R-1-AAB. PROTECT DESCRZPTZON Property Owner: National Land Company, ;[nc. Applicant/Agent: Caulfield & Wheeler, Inc./Michael .1. Covelli Location: Adjacent to the east side of [-95, south of Diane Drive and west of Lake Drive. (Exhibits ~A & B") Parcel Size: +17.12:1 acres (induding +8.595 acres of submerged land) Existing Land Use: MR-5 Residential and Industrial (Palm Beach County) Existing Zoning: CG-Commerdal, IL-Industrial and RS-Residential (Palm Beach County) Proposed Land Use: Low Density Residential (4.84 du/ac) Proposed Zoning: R-~tAAB-Single Family Residential Proposed Use: :t7 single family residential lots Page 2 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay AdJacent Uses: North: Northwest, single family homes (Lake View Haven) designated Low Density Residential (4.84 du/ac) and zoned R-Z-ARB Single Family Residential; northeast, right-of-way of Diane Drive. South: Industrial building (formerly B E Aerospace) remaining in unincorporated Palm Beach County, designated [ND-];ndustrial and zoned [L-Ught ];ndustrial East: Single family residential (Lake Eden) designated Low Density Residential (4.84 du/ac) and zoned R-[-AAB Single Family Residential West: Right-of-way of ];-95 PRO3ECT ANALYSZS The parcel, which is the subject of this annexation, land use amendment and rezoning, totals +17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and Ob/Commission public headng, a ~large-scale' amendment is transmitted to the Flodda Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, RecommendaUons and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Rodda Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cydes each calendar year. This amendment request is a part of the Ist round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). ARer transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. Subsequent to approval of the annexation, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreaUon areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designaUon for properties to be annexed within this vidnity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexaUon program and service capability consistent with Policy 8.10.5 of the ];ntergovernmental Coordination Element of the Comprehensive Plan. Page 3 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Policy 1.16.3 of the Future Land Use Element states: "The C, Jty shall continue to enforce and implement the polides that regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities are hereby incorporated by reference into the Goals, ObJectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the Problems and Opportunities section are, as follows: "4.1. Unincorporated Parcels in Vidnlty of Lake [da Those parcels on the west side of Lake [da, north of the L.W.D.D. L-30 Canal and the adjacent right-of-way for [nterstate 95 should be annexed. The existing industrial parcel along ~[nterstate 95 should be annexed as a nonconforming use in a Low Density Residential land use category and an R-1AAB zoning district, since this is an inappropriate location for industrial uses. Those parcels to the north and south of the existing industrial parcel should also be placed in a Iow-density residential category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdivision should also be annexed and placed in the same land use and zoning categories as the adjacent incorporated properties." The requested annexation will reduce the existing enclave by approximately one-half, leaving approximately 19.37 acres, induding 7 acres owned by Palm Beach County. Staff will continue to encourage the property owner to annex the remaining portion, consistent with the dted directions from the Problems and Opportunities section. [n connection with previous annexation studies, departments most affected by annexations (e.g. Police, Rre, and Public Works), have been surveyed for Issues related to service capability and costs. NI opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The endaves are all immediately adjacent to areas within the db/that currently receive urban services; 2) Ample service capadty exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Rte/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that no Traffic Study was warranted due to the dernlnirnus nature of the land use and zoning changes. While the continued presence of the existing industrial use on adjacent lands, coupled with the development of the property for residential use could be viewed as intensifYing the traffic impacts on local streets, the incompatibility of the two uses will encourage the demise of the industrial use. Additionally, since the proposed development of the property is consistent with recommendations of the Comprehensive Plan, it should be considered as incremental implementation of the plan, which will lead ultimately to the similar conversion of the industrial use, as well. Page 4 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay The Palm Beach County School District has provided a concurrency determination for the project for 17 single-family homes. Since there are no existing potable water demands for the property, and the proposed 17 units are estimated to require 522 Gallons per Day (GPD) per unit, the increased demand is estimated at 8,875 GPD. Ukewise, wastewater discharge will increase by an estimated 235 GPD per unit, or a total of 3,995 GPD. CONCLUS]:ONS I RECOMMENDATZONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compaUble with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as an additional attachment (Exhibit ATTACHMENTS 1 in. = 500.0 feet BERMUDA BAY EXHIBIT "A" XII. - LEGAL CITY OF BOYNTON BEA;TEM Bm2 AGENDA ITEM REQUEST F Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - First Reading. On January 6, 2004, the City Commission with a unanimous vote approved the transmittal to the Florida Department of Community Affairs (DCA). This item has returned from DCA and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-302· EXPLANATION: PROJECT: Bermuda Bay (LUAR 03-007) AGENT: Michael J. Covelli, Caulfield & Wheeler, Inc. OWNER: National Land Company, Inc. LOCATION: East of 1-95, north of Lake Ida Road and south of Diane Drive DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 17.12- acres from MR-5 Residential (Palm Beach County) to Low Density Residential (4.84 du/ac). Proposed use is for 17 single-family residential lots. PROGRAM IMPACT: FISCAL IMPACT: ~ ALTERNA 5~~TIVES~ Cit~ Manager's Signature · g g Director City Attorney / Finance / Human Resources S:~PIanningkSHARED\WP~PROJECTS~Bermuda Bay~LUAR 03-007~Agenda Item Request Bermuda Bay I st reading LUAR 03-007 4-7-04.dot S:kBULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, REGARDING PROPERTY 6 CONSISTING OF APPROXIMATELY 17.12 ACRES 7 AND MORE PARTICULARLY DESCRIBED HEREIN; 8 AMENDING ORDINANCE 89-38 BY AMENDING 9 THE FUTURE LAND USE ELEMENT OF THE 10 COMPREHENSIVE PLAN OF THE CITY FOR THE 3_ 1 SUBJECT PROPERTY THE LAND USE 3-2 DESIGNATION IS BEING CHANGED FROM MR-5 13 RESIDENTIAL (PALM BEACH COUNTY) TO LOW 14 DENSITY RESIDENTIAL; PROVIDING FOR 3- 5 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 16 DATE. 17 3- 8 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 3- 9 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Use Element by Ordinance No. 89-38 in accordance with the Local Government 21 Comprehensive Planning Act; and 22 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 24 and 2 5 WHEREAS, after public hearing and study, the City Commission deems it in the 2 6 best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as adopted by the City herein. 2 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 9 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 0 Section 1: The foregoing WHEREAS clauses are true and correct and 31 incorporated herein by this reference. S:\CA\Ordinances\Planning\Land Use\Bermuda Bay.doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land shall be designated as 4 Low Density Residential (LDR). Said land is more particularly described as follows: 5 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 6 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE ? PARTICULARLY DESCRIBED AS FOLLOWS: 8 9 BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY OF STATE ROAD 10 9 (I-95) INTERSECTS THE NORTH LINE OF THE SOUTH 3A OF THE SOUTH 1~ 11 OF SAID SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS MEASURED 12 ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST 13 CORNER OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN", AS RECORDED IN PLAT 14 BOOK 32, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH 15 COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE S18O31'15"W 16 (ASSUMED). A DISTANCE OF 950.91 FEET THENCE N 65°52"48"E, A 17 DISTANCE OF 90.85 FEET TO A POINT OF CURVATURE; THENCE 18 NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST 19 HAVING A RADIUS OF 106.26 FEET AND A CENTRAL ANGLE OF 53°41'47" A :20 DISTANCE OF 99.58 FEET; THENCE S59°34'14'E A DISTANCE OF 99.58 FEET; 21 THENCE S 59°34'14"E, A DISTANCE OF 93.09 FEET; THENCE N30°25'46"E, A 22. DISTANCE OF 137.40 FEET; THENCE S89°34'14"E, A DISTANCE OF 275.96 23 FEET; THENCE N01°39'45"E, A DISTANCE OF 125.40 FEET; THENCE 24 N37°41'35"E, A DISTANCE OF 88.34 FEET; THENCE N00°52'00"E, A DISTANCE 25 OF 5.28 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, 2 6 "LAKE EDEN SUBDIVISION PLAT NO.2', AS RECORDED IN PLAT BOOK 29, 2? PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 28 N21°14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 2 9 803.98 FEET TO THE MOST WESTERLY CORNER OF LOT 1 OF SAID BLOCK 1 :3 0 OF "LAKE EDEN SUBDIVISION PLAT NO. 2"; THENCE N18o30'15"E ALONG THE 31 NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 32 FEET TO THE SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE 33 PLAT OF "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 34 53 AND 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 3 5 N71°28'45"W ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 3 6 199.88 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE 37 N18°31'15"E ALONG THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 38 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID 39 PLAT OF "LAKE VIEW HAVEN"; THENCE N71°28'45"W ALONG THE SOUTH 40 LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 110.00 FEET TO THE 41 SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY RIGHT- S:\CA\Ordinances\Planning\Land Use\Bermuda Bay.doc OF-WAY LINE OF STATE ROAD 9 (I-95); THENCE S18°31'15"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE , A DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 745,806 SQUARE FEET/17.121 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD. Section 3: That an), maps adopted in accordance with the Future Land Use F]emcnt shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this __ day of ., 2004. $:\CA\Ordlnance$\Planning\Land Use\Bermuda Bay.doc 1 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 Commissioner 18 ATTEST: 15 2O 21 City Clerk 22 23 (Corporate Seal) 24 S:\CA\Ordinances\Planning\band Use\Bermuda Bay.doc ] in. = ~00.0 f~t BERMUDA BAY EXHIBIT "A" DEVELOPMENT DEPARTMENT PLANNZNG & ZONZNG DlrV]:S[ON HEHORANDUH NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and City~~_ssion FROM: Dick Hu~l~ A[CP Senior Planner THROUGH: Michael W. Rumpf-'~~- Director of Planning and Zoning DATE: December 2, 2003 PRO.]ECT NAME/NUMBER: Bermuda Bay/ANEX 03-002, LUAR 03-007 REQUEST: To annex the property, reclassify from MR-5 Residential and Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) and rezone from [L-[ndustdal, CG-General Commerdal and RS-Residential (Palm Beach County) to R-1-AAB. PRO3ECT DESCRZPI'~ON Property Owner: National Land Company, Inc. Applicant/Agent: Caulfield & Wheeler, Inc./Michael .l. Covelli Location: Adjacent to the east side of 1-95, south of Diane Ddve and west of Lake Dflve. (Exhibits "A & B") Parcel Size: _+17.121 acres (induding _+8.595 acres of submerged land) Existing Land Use: MR-5 Residential and Industrial (Palm Beach County) Existing Zoning: CG-Commercial, IL-Industrial and RS-Residential (Palm Beach County) Proposed Land Use: Low Density Residential (4,84 du/ac) Proposed Zoning: R-ZAAB-Single Family Residential Proposed Use: 17 single family residential lots ' Page 2 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay AdJacent Uses: North: Northwest, single family homes (Lake View Haven) designated Low Density ResidenUal (4.84 du/ac) and zoned R-1-AAB Single Family Residential; northeast, Hght-of-way of Diane Drive. South: Industrial building (formerly B E Aerospace) remaining in unincorporated Palm Beach County, designated [ND-Industrial and zoned ~[L-Ught Industrial East: Single family residential (Lake Eden) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family Residential West: Right-of-way of 1-95 PRO3ECT ANALYSZS The parcel, which is the subject of this annexation, land use amendment and rezoning, totals ±17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and Ob/Commission public hearing, a ~large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adopUon. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, RecommendaUons and Comments (ORC) Report". The Oty then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1~ round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Rorida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. Subsequent to approval of the annexation, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreation areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteda by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the dty's Comprehensive Plan Future Land Use Hap designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the dty's annexation program and service capability consistent with Policy 8.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan. Page 3 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Policy 1.16.3 of the Future Land Use Element states: "The City shall conUnue to enforce and Implement the policies that regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the Problems and .Opportunities section are, as follows: ~4.1. Unincorporated Parcels in Vicinity of Lake ~[da Those parcels on the west side of Lake ;[da, north of the L.W.D.D. L-30 Canal and the adjacent right-of-way for Interstate 95 should be annexed. The existing Industrial parcel along ];nterstate 95 should be annexed as a nonconforming use in a Low Density ResidenUal land use category and an R-1A4B zoning district, since this is an inappropriate location for industrial uses. Those parcels to the north and south of the existing industrial parcel should also be placed in a Iow-density residenUal category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdivision should also be annexed and placed in the same land use and zoning categories as the adjacent incorporated properties." The requested annexation will reduce the existing enclave by approximately one-half, leaving approximately 19.37 acres, including 7 acres owned by Palm Beach County. Staff will continue to encourage the properly owner to annex the remaining portion, consistent with the dted directions from the Problems .and Opportunities section. ];n connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the dty that currenUy receive urban services; 2) Ample service capadty exists to serve adjacent unincorporated properties; and. 3) Most enclaves currenUy receive service from the city via the mutual aid agreement (Police and Rte/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that no Traffic Study was warranted due to the ~fern/n/rnz/s nature of the land use and zoning changes. While the continued presence of the existing industrial use on adjacent lands, coupled with the development of the property for residenUal use could be viewed as Intensifying the traffic impacts on local streets, the Incompatibility of the two uses will encourage the demise of the Industrial use. AddiUonaily, since the proposed development of the property is consistent with recommendations of the Comprehensive Plan, it should be considered as Incremental implementaUon of the plan, which will lead ulUmately to the similar conversion of the Industrial use, as well. Page 4 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay The Palm Beach County School District has provided a concurrency determination for the project for 17 single-family homes. Since there are no existing potable water demands for the property, and the proposed 17 units are estimated to require 522 Gallons per Day (GPD) per unit, the increased demand is estimated at 8,875 GPD. Ukewise, wastewater discharge will increase by an estimated 235 GPD per unit, or a total of 3,995 GPD. CONCLUC~ONS / J~ECOHHENDAT~ONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in .the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be induded as an additional attachment (Exhibit A'I'FACHMENTS BERMUDA BAY EXHIBIT "A" XII.- LEGAL CITY OF BOYNTON BEA ITEM B.3 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4,2004 April 19,200ri(Noon) [] July6,2004 June 14, 2004 (Noon) ~ C'~-"~ [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - First Reading. On Januaxy 6, 2004, the City Commission with a unanimous vote approved the transmittal of the corresponding Land Use Amendment request to the Florida Department of Community Affairs (DCA). The corresponding item has returned from the DCA and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-260. EXPLANATION: PROJECT: Bermuda Bay (LUAR 03-007) AGENT: Michael J. Covelli, Caulfield & Wheeler, Inc. OWNER: National Land Company, Inc. LOCATION: East ofi-95, north of Lake Ida Road and south of Diane Drive DESCRIPTION: Request to rezone 17.12-acres from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm Beach County) to R1-AAB Single Family Residential. Proposed use is for 17 single-family residential lots. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: A~ Develop~l~nt l~nt ~irect~r City Manager's Signature Planning and Zo~ai~g Director City Attorney / Finance / Human Resources S:XPlanningXSHARED\WP~PROJECTSXBermuda Bay~LUAR 03-007~Agenda Item Request Bermuda Bay 1st reading Rezone LUAR 03-007 4-7-O4.dot S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 04- 2 AN ORDINANCE OF THE C1TY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 NATIONAL LAND COMPANY, INC., 6 AMENDING ORDINANCE 02-013 OF SAID 7 CITY BY REZONING A PARCEL OF LAND 8 MORE PARTICULARLY DESCRIBED 9 HEREIN, FROM GC-GENERAL 10 COMMERCE, AR-AGRICULTURAL 11 RESIDENTIAL, RS-RESIDENTIAL (PALM ~.2 BEACH COUNTY) TO RI-AAB SINGI.E 13 FAMII.Y RESIDENTIAL; PROVDING FOR :1.4 CONFLICTS, SEVERABIIJTY AND AN 3- 5 EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 3_ 9 City; and 20 WHEREAS, National Land Company, Inc., owner of the property more 2 3_ particularly described hereinafter, and known as Bermuda Bay, has heretofore filed a 2 2 Petition, through his agent, Michael J. Covelli, Caulfield & Wheeler, Inc., pursuant 2 3 to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 24 Beach, Florida, for the purpose of rezoning a tract of land consisting of 25 approximately 17.12 acres, said land being more particularly described hereinafter, 26 from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm 27 Beach County) to R-1-AAB (Single Family Residential); and 2 8 WHEREAS, the City Commission conducted a public hearing and heard 2 9 testimony and received evidence which the Commission finds supports a rezoning for 3 0 the property hereinafter described; and S:\CA\Ordinances\Planning~Rezoning~Rezoning - Bermuda Bay. doc i WHEREAS, the City Commission finds that the proposed rezoning is 2 consistent with an amendment to the Land Use which was contemporaneously 3 considered and approved at the public heating heretofore referenced; and 4 WHEREAS, the City Commission deems it in the best interests of the 5 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 6 set forth. 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 8 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are true and correct and ]. 0 incorporated herein by this reference. 11 Section 2. The following described land, located in the City of Boynton Beach, 12 Florida as set forth as follows: 13 14 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 15 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE 16 PARTICULARLY DESCRIBED AS FOLLOWS: 18 BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY OF STATE 19 ROAD 9 (I-95) INTERSECTS THE NORTH LINE OF THE SOUTH aA OF THE 2 0 SOUTH ~ OF SAID SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS 21 MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE 22 SOUTHWEST CORNER OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN", AS 23 RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIC 24 RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID 25 RIGHT-OF-WAY LINE S18°31'15"W (ASSUMED). A DISTANCE OF 950.91 2 6 FEET THENCE N 65°52'48'E, A DISTANCE OF 90.85 FEET TO A POINT OF 2? CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, 28 CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND 29 A CENTRAL ANGLE OF 53041'47'' A DISTANCE OF 99.58 FEET; THENCE 30 S59°34'14"E A DISTANCE OF 99.58 FEET; THENCE S 59°34'14"E, A 31 DISTANCE OF 93.09 FEET; THENCE N30°25'46"E, A DISTANCE OF 137.40 32 FEET; THENCE S89°34'14"E, A DISTANCE OF 275.96 FEET; THENCE 33 N01°39'45"E, A DISTANCE OF 125.40 FEET; THENCE N37°41'35"E, A 34 DISTANCE OF 88.34 FEET; THENCE N00°52'00"E, A DISTANCE OF 5.28 S:\CA\Ordinances'~Plannlng'uRezoningLRczoning - Bermuda Bay.doc 1 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, 2 "LAKE EDEN SUBDIVISION PLAT NO.2", AS RECORDED IN PLAT BOOK 29, 3 PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 4 THENCE N21°14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A 5 DISTANCE OF 803.98 FEET TO THE MOST WESTERLY CORNER OF LOT 1 6 OF SAID BLOCK 1 OF "LAKE EDEN SUBDIVISION PLAT NO. 2"; THENCE ? N18°30'15"E ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 8 1, A DISTANCE OF 101.11 FEET TO THE SOUTHEAST CORNER OF PARCEL 9 A, AS SHOWN ON THE PLAT OF "LAKE VIEW HAVEN", AS RECORDED IN l0 PLAT BOOK 32 ON PAGES 53 AND 54, PUBLIC RECORDS OF PALM BEACH ll COUNTY, FLORIDA; THENCE N71°28'45"W ALONG THE SOUTH LINE OF 12 SAID PARCEL A, A DISTANCE OF 199.88 FEET TO THE SOUTHWEST 13 CORNER OF SAID PARCEL A; THENCE N18°31'15"E ALONG THE WEST 14 LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE 15 SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF "LAKE 16 VIEW HAVEN"; THENCE N71°28'45"W ALONG THE SOUTH LINE OF SAID l? LOT 1, BLOCK 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST 18 CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY 19 LINE OF STATE ROAD 9 (I-95); THENCE S18°31'15"W ALONG SAID 20 EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 387.38 FEET TO THE 21 POINT OF BEGINNING AFOREDESCRIBED. 22 23 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. 2z~ CONTAINING 745,806 SQUARE FEET/17.121 ACRES MORE OR LESS. 25 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS :26 AND RIGHTS-OF-WAY OF RECORD. 2? 28 29 and the same is hereby rezoned from OC-deneral Commerce, AR-Agricultural 30 RS-Residential (Palm Beach County) to R1-AAB Single Family Residential. 31 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 32 33 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 34 accordingly. 35 Section 4: All ordinances or parts of ordinances in conflict herewith are 36 hereby repealed. 37 Section 6: Should any section or provision of this Ordinance or any portion S:\CA\OrdinanceskPlanningkRezoning'~Rezoning - Bermuda Bay.doc 1 be declared by a court of competent jurisdiction to be invalid, such decision shall 2 affect the remainder of this Ordinance. 3 Section 7. This ordinance shall become effective immediately upon passage. 4 FIRST READING this ~ day of ,2004. 5 SECOND, FINAL READING and PASSAGE this day of ,2004. 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 :1. 2 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATrEST: 23 24 2 5 City Clerk 26 27 (Corporate Seal) S:\CA\Ordinances~PlanningXRezoningXRezoning - Bermuda Bay.doc t in. = 500.0 feet BERMUDA BAY EXHIBIT "A" DEVELOPMENT DEPARTMENT PLANNTNG & ZON:[NG DI'V]:S]:ON MEMORANDUH NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and Ci~.~~sion FROM: Dick Hu~I~AICP Senior Planner THROUGH: Michael W. Rumpf-~v~~ Director of Planning and Zoning DATE: December 2, 2003 PRO3ECT NAME/NUMBER: Bermuda Bay/ANEX 03-002, LUAR 03-007 REQUEST: To annex the property, reclassify from MR-5 Residential and Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) and rezone from [L-];ndustrial, CG-General Commerdal and RS-Residential (Palm Beach County) to R-1-AAB. PRO3ECT DESClttPTZON Property Owner: National Land Company, ]~nc. Applicant/Agent: Caulfield & Wheeler, Inc./Michael 3. Corelli Location: AdJacent to the east side of ]-95, south of Diane Drive and west of Lake Drive. (Exhibits "A & B") Parcel Size: ±17.121 acres (induding ±8.595 acres of submerged land) Existing Land Use: MR-5 Residential and Industrial (Palm Beach County) Existing Zoning: CG-Commercial, IL-Industrial and RS-Residential (Palm Beach County) Proposed Land Use: Low Density Residential (4.84 du/ac) Proposed Zoning: R-1AAB-Single Family Residential Proposed Use: 17 single family residential lots Page 2 Rle Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Adjacent Uses: North: Northwest, single family homes (Lake View Haven) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family Residential; northeast, right-of-way of Diane Drive. South: Industrial building (formerly B E Aerospace) remaining in unincorporated Palm Beach County, designated [ND-Industrial and zoned [L-Ught Industrial East: Single family residential (Lake Eden) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family P~esidentlal West: Right-of-way of 1-95 PRO3ECT ANALYSIS The parcel, which is the subject of this annexation, land use amendment and rezoning, totals +17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public headng, a "large-scale" amendment is transmitted to the Rorida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (OP, C) Report". The C~y then has 60 .days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the OP, C report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Rodda Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the Ist round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. Subsequent to approval of the annexation, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreation areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the dty's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. ~[nstead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability consistent with Policy 8.10.5 of the [ntergovemmental Coordination Element of the Comprehensive Plan. Page 3 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Policy 1.16.3 of the Future Land Use Element states: ~The City shall conUnue to enforce and Implement the policies that regulate the use and intensity, and other characteristics for the development of spedflc areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities are hereby incorporated by reference into the Goals, ObJectives, and Polities of this Plan. By 2004, the Problems and OpportuniUes section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the problems and ...Opportunities section are, as follows: "4.1. Unincorporated Parcels in Vicinity of Lake [da Those parcels on the west side of Lake ;[da, north of the L.W.D.D. L-30 Canal and the adjacent right-of-way for Interstate 95 should be annexed. The existing industrial parcel along [nterstate 95 should be annexed as a nonconforming use in a Low Density Residential land use category and an R-1/La, B zoning district, since this is an inappropriate location for industrial uses. Those parcels to the north and south of the existing industrial parcel should also be placed in a Iow-density residential category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdivision should also be annexed and placed in the same land use and zoning categories as the adjacent incorporated properties." The requested annexation will reduce the existing enclave by approximately one-half, leaving approximately 19.37 acres, including 7 acres owned by Palm Beach County. Staff will continue to encourage the property owner to annex the remaining portion, consistent with the dted directions from the Problems and Opportunities section. In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Rte, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The endaves are all Immediately adjacent to areas within the db/that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Rre/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that no Traffic Study was warranted due to the dern/nirnu$ nature of the land use and zoning changes. While the continued presence of the existing industrial use on adjacent lands, coupled with the development of the property for residential use could be viewed as intensifying the traffic impacts on local streets, the incompatibility of the two uses will encourage the demise of the Industrial use. Additionally, since the proposed development of the property is consistent with recommendations of the Comprehensive Plan, it should be considered as incremental implementation of the plan, which will lead ultimately to the similar conversion of the Industrial use, as well. Page 4 Rle Number: ANEX 03-002, LUAR 03-007 Bermuda Bay The Palm Beach County School District has provided a concurrency determination for the project for 17 single-family homes. Since there are no existing potable water demands for the property, and the proposed 17 units are estimated to require 522 Gallons per Day (GPD) per unit, the increased demand is estimated at 8,875 GPD. Ukewise, wastewater discharge will increase by an estimated 235 GPD per unit, or a total of 3,995 GPD. CONCLUS]:ONSI RECOMMENDATI:ON$ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in .the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. ~[f the Planning and Development Board or the Qty Commission recommends conditions, they will be induded as an additional attachment (Exhibit"C"). ATTACHMENTS BI-I-~MUDA BAY EXHIBIT "A" XII. - LEGAL ITEM B.4 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business "~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - First Reading. On January 6, 2004, the City Commission with a unanimous vote approved the transmittal to the Florida Department of Community Affairs (DCA). This item has returned from DCA and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-303. EXPLANATION: PROJECT: Anderson PUD (LUAR 03-006) AGENT: Julian Bryan & Associates, Inc. OWNER: D.R. Horton Homes LOCATION: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 18.32-acres from Agricultuxe (A) to Low Density Residential (4.84 du/ac). Proposed use is for 88 single-family detached residences. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES:/~./~~ ~Ci~~~e Devel~fit Delttu'~ent-Dir~etor Planning and Z~irector City Attorney / Finance / Human Resources S:XPlanning~SHARED\WP~ROJECTSLa~nderson PUD~LUAR 034)06L&genda Item Request Anderson PUD I st reading amend LUAR 034)06 4-7-04.dot S:~BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, REGARDING PROPERTY 6 CONSISTING OF APPROXIMATELY 18.32 ACRES 7 AND MORE PARTICULARLY DESCRIBED HEREIN; 8 AMENDING ORDINANCE 89-38 BY AMENDING 9 THE FUTURE LAND USE EI.EMENT OF THE 10 COMPREHENSIVE PLAN OF THE C1TY FOR THE 11 SUBJECT PROPERTY THE LAND USE 12 DESIGNATION IS BEING CHANGED FROM 13 AGRICULTURE (A) TO LOW DENSITY 14 RESIDENTIAL; PROVIDING FOR CONFLICTS, 15 SEVERABIL1TY, AND AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 19 Use Element by Ordinance No. 89-38 in accordance with the Local Government 2 0 Comprehensive Planning Act; and 21 WHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 23 and 2 4 WHEREAS, after public hearing and study, the City Commission deems it in the 2 5 best interest of the inhabitants of said City to amend the aforesaid Element of the 2 6 Comprehensive Plan as adopted by the City herein. 2 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section I: The foregoing WHEREAS clauses are tree and correct and 3 0 incorporated herein by this reference. 31 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S: \CA\Ordinamces\Plannin~\Land U~e\Ande~son PUD.doc 1 following: 2 That the Future Land Use of the following described land shall be designated as 3 Low Density Residential (LDR). Said land is more particularly described as follows: 4 The East 643.18 feet, as measured at right angles to 5 the East Line thereof, of Tracts 9 and 16, Northeast 6 One-Quarter (NE ~A) of Section 12, as shown on the 7 AMENDED PLAT Of SECTION 12, TOWHSHIP 45 8 SOUTH, RANGE 42 EAST, MARY A. LYMAN ET AL, S) as recorded in Plat Book 9, at page 74, in and for the 10 Public Records of Palm Beach County, Florida: 1l 12 Said lands contain 18.3194 Acres, or 797,995 square 13 feet more or less. 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element 16 shall be amended accordingly. 17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 18 repealed. 19 Section 5: Should any section or provision of this Ordinance or any portion thereof 20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 21 the remainder of this Ordinance. 22 Section 6: This Ordinance shall take effect on adoption, subject to the review, 23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 24 Planning and Land Development Regulation Act. No party shall be vested of any fight by 25 virtue of the adoption of this Ordinance until all statutory required review is complete and all 26 legal challenges, including appeals, are exhausted. In the event that the effective date is 27 established by state law or special act, the provisions of state act shall control. 213 FIRST READING this day of ., 2004. 29 S: \CA\Ordlnances\Plannin~\Land Use\Anderson PUD.doc i SECOND, FINAL READING and PASSAGE this __ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 Commissioner 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 24 S:\CA\Ordlnance$\Planning\Land Use\Anderson PUD.doc DEVELOPMENT DEPARTMENT PLANNING & ZONZNG D~/~.S~'ON MEMORANDUM NO. PZ 03-303 TO: Chairman and Members Plannin~velOpment Board and City Commission FROM: Dick Hud~rf,-A[CP Senior PlSnner THROUGH: Michael W. Rumpf~~x' Director of Planning and Zoning DATE: December 2, 2003 PRO3ECT HAME/NUMBER: Anderson PUD (LUAR 03-006) REQUEST: To amend the future land use designaUon from Agriculture (A) to Low Density Residential (LDR) and rezone from Agriculture (AG) to Planned Unit Development (PUD) pRO.1ECT DESCREP'ITON Property Owner: H. Loy Anderson Applicant/Agent: D.R. Horton Homes/Julian Bryan & Associates, ];nc. 'Location: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road (Exhibit "A") Parcel Size: +18.32 acres Existing Land Use: Agriculture (A) Existing Zoning: Agriculture (AG) Proposed Land Use: Low Density Residential (LDR) at 4.84 dwelling units per acre (du/ac) Proposed Zoning: Planned Unit Development (PUD) Proposed Use: 88 single family detached homes AdJacent Uses: North: Property located in unincorporatecl Palm Beach County designated MR5 ResidenUal (5 du/ac) and zoned PUD (Palmyra), currently being developed by the applicant. Page 2 Rle Number: LUAR 03-006 Anderson PUD South: Developed property (Manor Forest) in unincorporated Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. East: Right-of-way of Lawrence Road, then developed property (Nautica Sound) within the City of Boynton Beach designated Low Density Residential (LDR-5 du/ac) and zoned PUD-Planned Unit Development. West: Developed property (Homes at Lawrence) in unincorporated Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. PRO.1ECT ANALYSZS The parcel, which is the subject of this land use amendment, is 18,32 acres in size; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public hearing, a ~large-scale' amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review pedod of approximately 60 days, DCA-provides the Ob/ with a report of their findings in an ~Objecflons, Recommendations and Comments (ORC) Report'. The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and Inform DCA of that decision. According to Rodda Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cydes each calendar year. This amendment reques~ is a part of the 1~ round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Rodda Department of Community Affairs (DCA). AVer transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, 'Chapter 2, Section 9, Administration and Enforcement; Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when b~e proposed change indudes an amendment to the Comprehensive Plan Future Land Use Map. Zn this ins~ance, however, the requested land use is consistent with an annexation agreement between the Qty. of~Bo.vnton I~ch and _the p.m_pe..rty nwRer, H. ~T' Anderson and referenced in the annexation ordinance (0094-32) dated October 18, 1994 and quoted as follows: "... a certain CTty zoning designation and Land Use category is b~'ng adoted~ provided however, the ~h/ has determfned that it is in t~e best interest of b~e pub/[G that upon receipt of wrftten notice from the property owner, the O'ty will immediately p~ process a Iand use plan amendment for/ow density residential and a rezoning to RIAAB · alias contemplatedin Section 171.062(2) iqodda 51atutes.'(Exhibit Page 3 Rle Number: LUAR 03-006 Anderson PUD Prior to annexation in the City, the land use designaUon for this property was MR-5. The Palm Beach County land use category has a maximum density of 5 du/ac for land developed as a Planned Unit Development (PUD) and 4 du/ac for regular subdMslon development and the zoning was AR-SE Agricultural residential with a special exception for citrus. It would be ' assumed that the future demands on dty services were considered at the time the annexation agreement was approved by the City. The Palm Beach County Traffic Division has reviewed the traffic study for the plan amendment and ~has determined that the proposed change in land use meets the traffic-related criteria established in the Palm Beach County Land Development Code." Staff has not received notice of School Concurrency from the Palm Beach County School District. The applicant is requesting a rezoning to PUD Planned Unit Development with a densit~ of 4.80 du/ac; rather than the R-1-AAB Single-Family Residential stated in the annexaUon agreement. The maximum density allowed by the R-1-AAB zoning is 4.84 du/ac; however, the setback requirements for this district do not consider a zero lot line residential development pattern, which would be possible with PUD zoning. Zero lot line development on this site is consistent with the development pattem found in the Nautica Sound PUD to the east and the Palmyra PUD to the north. For this reason, staff considers the request for PUD zoning to be reasonable. Because of the time required for the large-scale amendment process, compared to the time required for site plan approval, the applicant has submitted only a ~bubble diagram" (Exhibit "C") as a mast~ plan. This master plan is suffident only as a show of Intended development and for transmittal of the application to DC4. Simultaneous to approval of the requested land use amendment and re. zoning to PUD, the applicant will be required obtain site plan approval, as required by the Land Development Regulations, and which will also be reviewed for fulfillment of the master plan requirements of the PUD. CON~LU$~[ON~/RECOM14ENDAl'XONS As Indicated herein, this request is consistent with an agreement between the Ob/and the property .owner as stated in Ordinance 094-32 by which the property was annexed into the Qty. [n addition, approval of the request will not create additional impacts on infrastructure' that have not been antidpated In the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall 'economic development of the Ob/. Therefore, staff recommends that the su~ect request be approved. If the Planning and Development Board or the Ob/Commission recommends conditions, they will be attached as Exhibi~'D". A~I'ACHHENTS 1 in. = 765,6 feet NIC · IiC " ANDERSON PUD EXHIBIT "A" ' ~ r~,~ ~ 'EXHIBIT "B" ':' "'. .. -.. ~.-o~~s 0~. ~-cz~ *c~s~ou o~. '" -- · (.~$~ .~s~' OF ..~~2 20~,. ~~.~ '." '-. :. -. ..... '-~PROX~~" '.;Z,300. "~"--'. ~ ,' OF--.. .. --. · .. ..'~0~~ ~ 0~.'.~ ~ ms .~. · :~ .. .S~- 'C~ ~ .~ ~,- ~. :~s .;.' · :' - .... ~.'.. ~~ ' ~ esz ~~~:.- ~ .. " ....~~ ~..~ -sap~--o~~as .~. ~. --- ~-; ~. ~F~~- ~, -P~Z~ 'ma ' .- ' ' --' " : . ..~~S~, ~o~~.. ~.--.'~s '*-~. ' ~~*~. ~:.BS FZL~'. ~. ~ C~ ~:':~' CZar' CO~ 0~.. ~. ~ .~ .. ~~,..F~O~, ~N ~ZON*.'* ~ac~ r~ires the d~eto~t Of ~ ~~t.ion Pro~; '' ~' .. .~, ~the 'City of ..~on - Bea~, ~oUgh.. t-he ~ ~. "~ ~~ti~ "~~, '~s .id~ti~ied adjacent DroD~ties.'~t L. L . -. "7 ,~.' ~e. the s~j~tS:.of a~6~ts for ~ter se~ice. ~th ..... '~ said-a~e~ts f~'. ter. se~ ~re' also -.' '~ Derision. for ~~tio~ b~s~t to " ... -. .~.:at-:~ ,%~,pU~ ~=ies: are 'eli~le. ~0: ~~tion "-' .. *' ~, the 'City Of B~eon-Beach here~ ~erciSes. its .* * .option ~o .*~ bhe':f~ll~n~ tract Of-~l~4'.as here~f.~er : ' '* :: ~s~i~d,. ~ adco~be ~ .~i~e' .i, '*sect~ 7 (32)* o: the" *'* charter of .t. he City. ~d Sec6ion 'i71,04~,. *~d 17,1..062(2) ~' ** ' ~~' sai~ ~ract of l~d lying ~d berg within Pa~ "'- Beach C~ iS conti~us, t6 the '~st.ing City '-l~ts 'o{ t~e · and bel. hg in' the Co~ty'°f' P~l~,:Beaeh,..Florida, t~ ~t :' . - .~e.'~ast 6~3.18 feet, a~' meas~ed"'a~- '.' .. .. ri~h~:.~gles, t0 the'E~st ~i~ne 'thereof, of: . .~a~s 9. ~d :16, Nor~east .1/.~--of' seo~i~ - . · .$2, ~ ~shiD( 45 South,- ~nge - ~2 - East,,.. '-' : '~ '~ .L~ et 'al, as. re,or, d in:'Plat...- '" Book :'9,....at..page.. 74 -ac~ordin~ ~o 'the ' "'~1.$c. Records" of Palm Beaoh.. Co~ty, -- -. ' '. . : F~6~ida'.' -~c.e~t any: an~. all legal- ' ~.. ' ~ights~of-~yi Eas~en~s. or Rese~a~ions .... ~ ... -of ~=o~d. '- .. " '~ "'' " :' Co~t~i.~ing 19 ;77 a~res ~re 'or '.. Together. with .L.W.D.D. L-~9 C~al R/~ -. adjacent Sou~h of .Dr~e~ty. .' :) .'.PC~ 00-~2'45-12-02-009-0020- ' "' "': is' .here~ :a~ed to'the' City of ~t0n.-B~a~, Fl'orig.:" ~d :' . ~ .' the .s~e.'..force "and-~ effect', as 'thoUgh- the s~ 'Ad ~be~ . '?. :~' O~i~inal!~: i~co~a~ed i~ ~he territorial~.~~ries-.ther~f. ? "'~'.. ~t Section 6 ~d 6(a). of'' the '~rt~r of the :-~ city 0f 'B~t0n 'Beach,' Flori~, is he~e~:-~nded.' t6 'reftect ~ the "-. ~~tion of: said-' tract .of .:!~d ~re '~rticulariy ~ 'in '.Seer!on '1.0f. this. or~n~6e.' _. ~ ' -' . '~e -~ -Ordin~c~. '~~ ~ .... -.' .__ _..___~r~, "''- ' ' ' ~ :'- '""'' :- '' " -. "~--~- ~0~* Ci~ ~0--~ - ~~g~"-~d ~ U~ ~- -~; . . .. '.. . . - · .-.,_ .. - . := -. . _g - . . . :.... :,, . = .: . ...... } - '-- ' I .... · ... ~' ' 1" . 'or .. ~.. o~ [n~c~s or Darts of dlnances .in '" airculation' in the CiBy of ~oynton. Beach,' newspaDer' of ~en~al '.'"" . :.. " .~ -~lori~ as r.'~red:b~.~ the City Charter .and.. Section '171.044, .. Fl. ori.da' ' Se~6t~.. ..- -<-Th..e effective dace of} chis Or~ '.nance .s'.hal]l .be '; ':"' the'-date a "final 'or. der.. is issued'"by the Dep'artment" Of'' '- C0n~nunity Affairs .'finding' the. C.0rre~ponding' ..amendment' to the'" 'i-' .Comprehensive P~a~ to' be'-in c0~p..itan, ce 'in accordance' wi.th · Chapter 163'.-3t'84., F.S.,; 'or the date a' fina[~ order' is issued' -. : ..- 'by 'the. Adz~i..ni~tr&tion commission-f£.~ding ~he .corresDondi~g · .. :" 'am'endm~t' t,o.-.be in cO.mDliance in a. ccordan..ce with :-Chapter. .:; "-i" 1~3.318~-, F.'S;' ~.e notice.of cc~pl~.ezi~e .becc~es a final order 'J' 21 day~ .following' the. iseuance'.o'f ~he :no~ice' of compliance i~ .. [ " during the.-2'~?day ~eriOd' no P~titio~s' are' -: filed cha-~l'.eng4.'ng'. ' J' -- ~he. co~respondin, g-~'Pta~ "amendment. Ond~ 'issued,.. . the'-Notice. ~f ' 'Intent shall be.&tt&ch.ed hereto a's-E~ibit..-A"}and .made a p~rt i .- of this o. rd~nance bY reference. - ' ' ~ ..~e¢i~:i.c authority ~s here~ given tO Codify' I~..'al~ · . .... · .- . : . " -Thi~ Ordinance, -after-~ao. Peion,".~,hal.l:. . he' "-~ :fi'led with the Clerk:of the. Ci~u~e' '-Cou~c .of. Palm B'ea'ch '" .. :. ~-~. · -':~-.' . .... · . "-" ' .c~ o~' ~om~-~ ~ ..--. -- .. I~Y.Or l:~-~ XII.- LEGAL CITY OF BOYNTON BEA( ITEM B.5 AGENDA ITEM REQUEST FL Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ar' [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlemems [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Comrmsslon Agenda under L_.g, gal,~.~a~ Ordinance - First Reading. On January 6, 2004, the City Commission with a unanimous vote approved the transmifthl of~ corresponding Land Use Amendment request to the Florida Department of Community Affairs (DCA). The corres~ndk~o item has returned from the DCA and is now ready for ordinance processing. For further details pertaining to the request, see~ attached Deparlment of Development Memorandum No. PZ 03-303. EXPLANATION: PROJECT: Anderson PUD (LUAR 03-006) AGENT: Julian Bryan & Associates, Inc. OWNER: D.R. Horton Homes LOCATION: West side of Lawrence Road approximately 1,500 feeet south of Hypoluxo Road DESCRIPTION: Request to rezone 18.32-acres from AG-Agriculture to PUD-Planned Unit Development. Proposed use is for 88 single-family detached residences. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES~" ~ ]5~ep .aln~neh ~ Develop ~~r City Manager's Signature l~n~hg and Zor~f)~ector City Attorney / Finance / Human Resources S:XPianningXSHARED\WP~PROJECTSX3mderson PUDXLUAR 03-006~genda Item Request Anderson PUD I st reading rezone LUAR 03-006 4-7-04.dot S:XBULLETINkFORMSXAGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 D.R.HORTON HOMES, AMENDING 6 ORDINANCE 02-013 OF SAID CITY BY 7 REZONING A PARCEL OF LAND 8 CONSISTING OF A APPROXIMATELY 9 18.32 ACRES AND MORE PARTICULARLY 10 DESCRIBED HEREIN, FROM AG- 11 AGRICULTURE TO PUD-PLANNED UNIT 12 DEVELOPMENT; PROVIDING FOR 13 CONFLICTS, SEVERABII.1TY AND AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 18 City; and 19 WHEREAS, D.R. Horton Homes, owner of the property more particularly 2 0 described hereinafter, and known as Anderson PUD (LUAR 03-006), has heretofore 21 filed a Petition, through his agent, Julian Bryan & Associates, Inc., pursuant to 2 2 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, 2 3 Florida, for the purpose of rezoning a tract of land consisting of approximately 18.32 2 4 acres, said land being more particularly described hereinafter, from AG-Agriculture 2 5 to PUD-Planned Unit Development; and 2 6 WHEREAS, the City Commission conducted a public hearing and heard 2 7 testimony and received evidence which the Commission finds supports a rezoning for 2 8 the property hereinafter described; and 29 WHEREAS, the City Commission finds that the proposed rezoning is S:\CA\Ordinances\PlanningkRezoningXRezoning - Anderson PUD.doc 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public heating heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the 4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 5 set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The following described land, located in the City of Boynton Beach, 11 Florida as set forth as follows: 12 13 The East 643.18 feet, as measured at right angles to the East Line l Zl thereof, of Tracts 9 and 16, Northeast One-Quarter (NE IA) of :1.5 Section 12, as shown on the AMENDED PLAT OF SECTION 12, 16 TOWHSHIP 45 SOUTH, RANGE 42 EAST, MARY A. LYMAN :1.7 ET AL, as recorded in Plat Book 9, at page 74, in and for the 15 Public Records of Palm Beach County, Florida: 19 20 Said lands contain 18.3194 Acres, or 797,995 square feet more or 21 less. 22 23 2zl and the same is hereby rezoned from AG-Agriculture to PUD-Planned Unit 2 5 A location map is attached hereto as Exhibit "A" and made a part of this 2 6 Ordinance by reference. 27 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 2 8 accordingly. 29 Section 4: All ordinances or parts of ordinances in conflict herewith are S:\CA\Ordinances~PlanningXRezoningLRezoning - Anderson PUD.doc i hereby repealed. 2 Section 6: Should any section or provision of this Ordinance or any portion 3 be declared by a court of competent jurisdiction to be invalid, such decision shall 4 affect the remainder of this Ordinance. 5 Section 7. This ordinance shall become effective immediately upon passage. 6 FIRST READING this __ day of ,2004. 7 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 q zl Vice Mayor 15 16 17 Commissioner 18 3.9 2 0 Commissioner 21 22 2 3 Commissioner 2 zl ATFEST: 25 26 2 7 City Clerk 28 2 9 (Corporate Seal) S:\CA\Ordinances~PlanninghRezoning'tRezoning - Anderson P1JD.doc In. -- 765.6 feet NlC ~:' ..... ' ANDERSON PUD EXHIBIT "A" DEVELOPMENT DEPARTMENT PLANNI'NG & ZONI'NG DI'V'r. SI'ON MEMORANDUM NO. PZ 03-303 TO: Chairman and Members Plannlng~l~velOpment Board and City Commission FROM: Dick Huc~rf;A[CP Senior Planner THROUGH: Michael W. Rumpf-'~~'x' Director of Planning and Zoning DATE: December 2, 2003 PRO.1ECT NAME/NUMBER: Anderson PUD (LUAR 03-006) REQUEST: To amend the future land use designation from Agriculture (A) to Low Density Residential O-DR) and rezone from Agriculture (AG) to Planned Unit Development (PUD) pRO3ECT DESCR.TlrrJ:ON Property Owner: N. Loy Anderson Applicant/Agent: D.R. Horton Homes/3ulian Bryan & Associates, ]nc. Location: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road (Exhibit ~A") Parcel Size: +18.32 acres EHsting Land Use: Agriculture (A) Existing Zoning: Agriculture (AG) Proposed Land Use: Low Dens'P,y Residential (LDR) at 4.84 dwelling units per acre (du/ac) Proposed Zoning: Planned Unit Development (PUD) Proposed Use: 88 single family detached homes Adjacent Uses: North: Property located in unincorporated Palm Beach County designated MR5 Residential (5 du/ac) and zoned PUD (Palmyra), currently being developed by the applicant. Page 2 Rle Number: LUAR 03-006 Anderson PUD South: Developed property (Hanor Forest) in unlncorporatecl Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. East: Right-of-way of Lawrence Road, then developed property (Nautica Sound) within the City of Boynton Beach designated Low Density Residential (LDR-5 du/ac) and zoned PUD-Planned Unit Development. West: Developed property (Homes at Lawrence) in unincorporat~ Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. PRO.1ECT ANALYSI'$ The parcel, which is the subject of this land use amendment, is 18,32 acres in size; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and Oty Commission public headng, a ~large-scale" amendment is transmitted to the florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA-Provides the Qty with a report of their findings in an ~3bJecUons, Recommendations and Comments (ORC) Report". The City then has 60 days to either (:[) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that dedsion. According to Rodda S~attfo~ Chapter :[63, large-scale amendments may only be adopt~l during two amendment o/des each calendar year. This amendment request is a part of the 1~ round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Rodda Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, 'Chapter 2, Section 9, ,4dm/nistratfon and Enforcement, [tem C. Comprehendve P/an Amendments: Rezon/ngs. These criteda are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. In this instence, however, the requested land use is consistent with an annexation agreement between the City. of Boynton BeacJ~ and ~e ?.m_pe..~¥ o.~..-.er, H. Loy Anderson and referenced in the annexation ordinance (O09~32) dated October :[8, :[99~ and quoted as follows: "o.. a c~rta/n Ob/zon/ng de$/gnab'on and Land Use category is be/ng adored, provided however, b~e CEy has determ/r~f b~at it is/n b~e best in~re~ of b~e pub#c, b~at upon receipt of writ~n nobl~e from t~e property owner, tf~ CEy will/mmediatP, Jy proceed to process a/and use p/an amendment for/ow density reddenb'a/ and a rezoning to RZ4AB · a//as contemplated in Sect/on I?;l.062(2) Rorida Statutes. '(Exhibit 'B") Page 3 File Number: LUAR 03-006 Anderson PUD Pdor to annexation in the City, the land use designation for this property was MR-5. The Palm Beach County land use category has a maximum density of 5 du/ac for land developed as a Planned Unit Development (PUD) and 4 du/ac for regular subdivision development and the zoning was AR-SE Agricultural residential with a special exception for dtrus. [t would be assumed that the future demands on dty services were considered at the time the annexation agreement was approved by the City. The Palm Beach County Traffic Division has reviewed the traffic study for the plan amendment and ~has determined that the proposed change in land use meets the traffic-related cdteda established in the Palm Beach County Land Development Code." Staff has not received notice of School Concurrency from the Palm Beach County School District. The applicant is requesting a rezoning to PUD Planned Unit Development with a density of ~t.80 du/ac; rather than the R-1-AAB Single-Family Residential stated in the annexation agreement. The maximum density allowed by the R-1-AAB zoning is 4.84 du/ac; however, the setback requirements for this district do not consider a zero lot line residential development pattem, which would be possible with PUD zoning. Zero lot line development on this site is consistent with the development pattem found in the Nautica Sound PUD to the east and the Palmyra PUD to the north. For this reason, staff considers the request for PUD zoning Ix) be reasonable. Because of the time required for the large-scale amendment process, compared to the time required for site plan approval, the applicant has submitted only a ~bubble diagram" (Exhibit "C") as a master plan. This master plan is suffident only as a show of Intended development and for transmittal of the application to DCA. Simultaneous to approval of the requested land use amendment and rezoning to PUD, the applicant will be required obtain site plan approval, as required by the Land Development Regulations, and which will also be reviewed for fulfillment of the master plan requirements of the PUD. CONCLUSt'ONSIRECOMHENDAI']:ONS As Indicated herein, this request is consistent with an agreement between the City and the property owner as stated in Ordinance 094-32 by which the property was annexed into the Qty. [n addiUon, approval of the request will not create additional Impacts on Infrastructure that have not bccn anfidpated in the ComprehensNe Plan; will be compaUble with adjacent land uses and will contribute to the overall 'economic development of the City. Therefore, staff recommends that the subject request be approved. [f the Planning and Development Board or the City Commission recommends conditions, they will be attached as Exhibit 'D". ATTACHHENTS 1 in, = 765.6 feet ANDERSON PUD EXHIBIT "A" .. -.., ~ ~ 'EXHIBIT "B" -- o~~cg ~'. o~ .. * ~ o~~c~ OF. ~. C~ 'C~:sS~ON .. -..* ..' OF. '*** '.. :... '. "~~~': '.;~, SOo. '-~".-'. so~ ,' o~-... : · ~~0~..~ · ~x~: - .~'. ' C~~ " '.. -.. '..'~Oa~~ ~ o~.'.~ ~ zs ':~ .. .~- 'co~ ~ .~'~,- n~a- :~s .:' t : . 'C~¢~ .~nz~zoa'~ ~ cz~ ~[~RY, ..... ~ "' ~~;.'~ ~ ?s~.~zoa :~ '~-.. ~' o~ '" ~ .~. ~Tzc~ z, S~oa ~ .('3~ ~' o~.. ,-.. '~; ..-~/~~ o~. ~ '.czw. O~ m~. """- - -~~t ~ s~zo~. ~z..044,. ~. -" " ' 1~'I-.:~ (~.)' ~ ..-~oe~ .s~x~s~ ~o~ -' I .:' -~.'.. ~~ '~ eSz ~s~~:.- ~ . "- - . ~~ :.~P~ 0~..~ ~~ S~- ~" ' .' ..... ~~: .m 'sz~~--o~~~ .~. ~. --' .. -. qooz z z a. ' ' . : .-~'S~, ~o~~.. ~..'-'~s '.':: .. ~~~. ~: .-~ ~z~t ~. ~ C~ ' .. .... ... ~. ~~, ~a ~z0N."' " .- "'-.~;. c~e:c~~a[ve ~' ~0r c~e C[c~ o~ ~on... ~ .. ~~,. it~e 'city o~ ..~0n - ~ea~, ~oug~.-c-~e ; ~ "~ ~~Ci~ ~ro~, '~s .id~Ct~i~ adJae~C ~roperciea ~..2': . a~e..the ~j~t8 .of a~6~ts ' for ~ter se~ce. ~ith th~ ' , ", . - .... ~ .- . > .? -.]. -. .. . - . .- -. - -. '~.~ -~.~. _. .. . · . . · . '~'~:t~l~t~ ~eti~ion~.. for ~~ti~n ~ursub~t to .. .... ~.*~-~q~.;. · ..... . . . .- .~&:~t-~ ~.~ch ~~ies ~re 'e~f~fble. for .' .. ' .. . ~, C~e 'City 0f ~on 'se~ch bere~ ~erciSes. " .: ~Scz$~,. ~ ~eco~ee ~ .~i-~e' .z, "~eqt~ v '~)' o~' ~e " ~~' said tract, of land lying ~d berg ~Chin Palm "- ~ach CO~ ~S c~ti~us, tO the '~ist-ing City '-l~ts 'of t~e '.. 'a~d in the Coun%7*of . ' ~ .-~e.' E~s[ 643.t8 feet, aS' meas~ed"'afi. '.' .. right :.~gles. t0 the '~st :i~ne 'thereof; of: .~.~s .9. ~ '!6-, No~eas~ .1/~-.of' S~o~ - .. ~2, ~T~sh~D'- ~5 Sou~h,. ~nge .~2-'E~st,,.- ---' -' : " '~ '~ .L~ et 'al, as. recor~d i~ 'Plat'. · * BoOk : 9,....at. page.. ?& .accordi~ ~o *the · *.'~l&c. Records" of Pa~ Beach.. Co~y, .. '~ .... ' ConCii-~in, 19;'77 ~Cres ~re 'or .ies~.' · .. -.. -- ~gecher ~eh .L.w.D[D. L-19 .C~al .*. ... adZe. cent Sou~.h of .Dr~erty. . " ' is' 'here~ :~~ to *the C'i2y of ~ton-.~a~, . *~:'[ :~' ~nCo~ted in ~he ce~Corial[.~~ies..CherYl. : ~t Section 6 ~d 6(a). of' ~e '~ber o~ the. :. ~ Cit~ ~f B~t0~ 'Beach,' Flor~, iS her~ "-~e~--~0 'reflect : * the ~~t~ of: sa~d" trac~ -of -:!~d ~re '~articul~iy . ~ * ; _~ described 'in '-~ction' 1-0f. this. Or~~; _ " . . ~__,_ ..-. ,...~. . ~ ~ . . ~ . ... .,.,,.., .. ........ :~'~*~.. = ~'~: d~~d -~ ':.~-~~'. 2~o~~"' '.' ,. . =~:-' _:~. '" la .is ~ the' :be~t...int-e~t- of,. ~h~' [:: ' ~ ~l"erd [~ces or pares . of 'ordin~ces . · '" . ''- t9,~1. Pe ~ ' " .newsPaper' of ~eneral Circulat~0n' in the City of ~rnto~ BeaCh, ":'~ '. ' ~iori~ ..as =egui".red:b~.~ the City Charter .and.. SectiOn i71.0A4, ~:--Th.e effective date of} this O~nance shall .be "the'. date a · is issued'.'by the DePartment-' Of- community Affairs' 'finding'the C.0rreSponding'.amendment".~o the" -- -' Comp .rehensive Pla~ to' be in c0~p..lian, ce in accordance' with Chapter 163'..3t'84., F.S.,; or the date a' finatl order is issued' : .-- 'by 'the..A~mi~.'iatration Commission-fi.~ding the .corresponding .. :" 'am'endme~t :" to .be in compliance in aCcorda~'ce with :-cha..Dter. : ".i ' 163.318-4-, F.S;' The notice.of core, Ii,ce becomes a final order- .'] 21 .~.ys .fo!lowlng the. issuance .o'f the :~otice' of C'.om~liaAce if .. .... during the.-2'~.-day period no Petitior~s' are' -; filed cha-i~.eng~ng'. ".. -- the CorresDondiqg] P1an 'amendment': On6e i.ssued,, the'.Notice. ~f .. Intent shall be .attached hereto a's-~bit.."A"'_.and .made a i of this bY reference. " ~ Specific aUthority is here~Y 'given to Codify' L .... '- fi-led with the cie=k: of ~he. Ci~=u~'~' '.cou=~ .'of. ~alm Baa'ch XII. - LEGAL ITEM B.6 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to Cit3, Clerk's Office Meeting Dates in to Ci~ Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal -_1 NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ---' [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - First Reading. On January 6, 2004, the City Commission with a unanimous vote approved the transmittal to the Florid Department of Community Affairs (DCA). This item has returned from DCA and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-291. EXPLANATION: PROJECT: Urban Central Business District (CPTA 04-001) Text Amendments to Comprehensive Plan AGENT: City-Initiated DESCRIPTION: Request to amend the Comprehensive Plan to add one (1) objective and three (3) policies to the Future Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central Business District PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ ~ Development Department Dnrector City Manager's Signature 151an ' g and Zon~ Director City Attorney / Finance / Human Resources S:XPIanningXSHARED\WP~SPECPROJ~CPTA\Urban CBD 04-001~Agenda Item Request Urban Central Bus.Dist. CPTA 04-001 04-7-04.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, AMENDING THE FUTURE LAND 7 USE ELEMENT OF THE COMPREHENSIVE PLAN TO 8 ADD ONE OBJECTIVE AND THREE POLICIES TO 9 ADD DEVELOPMENT THRESHOLDS APPLICABLE 10 TO THE URBAN CENTRAL BUSINESS DISTRICT; 11 PROVIDING FOR CONFLICTS, SEVERABIL1TY, AND 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City") 16 has adopted a comprehensive plan, pursuant to Ordinance 89-38 in accordance with the 17 Local Government Comprehensive Planning Act; and 18 WHEREAS, after public hearing and study, the City Commission deems it to be 19 in the best interest of the inhabitants of the City to amend the text of the City's 20 Comprehensive Plan by the creation of Objective 1.23, designating the downtown as an 21 Urban Central Business District for the purpose of increasing the DRI thresholds in the 22 Future Land Use Element and Future Land Use Map; and 23 WHEREAS, it is the recommendation of staff that the proposed text amendments 24 to the Comprehensive Plan designating the downtown as an Urban Central Business 25 District for the purpose of increasing DRI thresholds are consistent with the requirements 26 of Rule 28-24.014(a), FAC and will enable projects of a scale that will make a positive 27 impact on the central business district, and will further implement development 28 recommendations of the adopted Federal Highway Corridor Community Redevelopment 29 Plan. 3O S:\CA\Ordinances\CPTA 04-001 Urban Central Business District.doc 1 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. That Objective 1.23 of the City of Boynton Beach Comprehensive 5 Plan is hereby created, as follows: 6 7 Objective 1.23 As a part of Urban Infill and redevelopment strategies, higher densities 8 and intensities will be encouraged in the Urban Core. Pursuant to , 9 Section 380.06(2)(e), Florida Statutes and Rule 28-24.014(1), F. A. C., 10 the Urban Central Business District, as depicted on the Future l_and 11 Use Map Rule 28-24.014(1), F. A. C., the Urban Central Business 12 District, as depicted on the Future Land Use Map, is hereby established 13 tO increase the development of regional impact guidelines and 14 standards. These increased thresholds shall apply only to those 15 developments approved after the effective date of the implementing 16 ordinance (Ordinance 03-039). 17 18 Policy 1.23.1 For residential, hotel, office or retail developments, the applicable 19 guidelines and standards shall increase by 50 percent. 20 21 Policy 1.23.2 The applicable multi-use guidelines and standards shall increase by 22 100%, provided that one land use of the multi-use development is 23 residential, and that residential development amounts to not less than 24 35 percent of the ci[y' s applicable residential threshold. 25 26 Policy 1.23.3 If any portion of a proposed development is located outside the 27 delineated Urban Central Business District, the increased guidelines 28 and standards of Rule 28-24.014(10), F. A. C., shall not apply. 29 30 31 Section 2. All laws and ordinances applying to the City of Boynton Beach in 32 conflict with any provisions of this ordinance are hereby repealed. 33 Section 3. Should any section or provision of this Ordinance or any portion 34 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 35 not affect the remainder of this Ordinance. 36 Section 4. This Ordinance shall become effective immediately. 37 S:\CA\Ordinances\CPTA 04-001 Urban Central Business District.doc 2 FIRST READING this __ day of ,2004. 3 4 SECOND, FINAL READING AND PASSAGE this __ day of 5 6 ,2004. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 30 31 S:\CA\Ordinances\CPTA 04-001 Urban Central Business District.doc DEVELOPHENT DEPARTMENT PLANNZNG & ZONt'NG DI'V'~StON HEHORANDUH NO. PZ 03-291 TO: Chairman and Members Planning and Development Board Commu~~.~elopment__ Agency Board FROM: Dick HuJ3~r~, Senior Planner 1-' THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: December 1, 2003 SUEDECT: Urban Central Business District (CPTA 04-001) Comprehensive Plan Text Amendment ;[NTRODUCI'I:ON It has become very evident that a single mixed-use project in the downtown could easily cross the intensity and density thresholds to be classified as a Development of Regional Impact (DR[). While there are certain advantages of a project developing as a DR[, offcen the amount of time required for final approval at all levels overshadows those advantages. Both Chapter 380 of the Rorida Statutes (FS) and Rule 28-24 of the Florida Administrative Code (FAC) make provisions for increasing those DR[ thresholds, under certain specific circumstances. One such increase is reserved for a recognized Urban Central Business District wherein, for certain single use projects the thresholds increase by 50% and for multi-use projects with residential components the thresholds increase by 100%. PROCEDURE The procedure for designation of an Urban CBD is outlined in subsection 28-24.014(10)(a), FAC: "In order to expedite the use of these guidelines and standards, a local government may submit to the Department of Community Affairs, a proposed ordinance specifically delineating the boundaries of an urban central business district or a regional activity center encompassing the development, consistent with the cdteria of this rule. Within thirty (30) days of receipt of the proposed ordinance, the Department of Community Affairs shall determine whether or not the proposed ordinance is consistent with the criteda of this rule. If the proposed ordinance is determined by the Department of Community Affairs to be consistent with the criteria of this rule, then the guidelines and standards for developments within the designated urban central business district or regional activity center shall take. effect upon adoption of the ordinance by the local government. The local government shall Page 2 File Number: CPTA 04-001 Urban CBD subsequently adopt the ordinance designation by an amendment to the local government - comprehensive plan at the next opportunity for amendment." PROCEDURE On September 16, 2003 the City Commission passed, on first reading, a proposed ordinance establishing an Urban Central Business District (UCBD) for the downtown of the City of Boynton Beach. Pursuant to the requirements of Rule 28-24.014(10)(a), FAC, the proposed ordinance was reviewed by the Florida Department of Community Affairs (DCA) for sufficiency prior to final adoption by the City Commission. In addition, the Rule requires the City to "subsequently adopt the UCBD ordinance by an amendment to the Comprehensive Plan at the next opportunity for amendment." The proposed amendment will add one objective and three polides to the existing Future Land Use Element and include a location map with the text. All text amendments to the Comprehensive Plan are considered "Large-Scale" and therefore are limited to adoption in only two cycles annually. This proposed amendment is a part of the first amendment cycle for the 2004 calendar year. Following approval by the City Commission, the amendment will be transmitted to DCA for review. Final adoption by the City is tentatively scheduled for Hay 2004. PROPOSED TEXT (with proposed changes shown in underlined text) Objective 1.23 As a ~art of Urban Znflll and redevelooment strate=ies, hieher densiUes and intensives will be encouraqed lit the Urban Core. Pursuant to Rule 28-24.014(1), F. A. C., the Urban Central Busines~ District, as deoicted on the Future Land Use Ha=, is hereby established to increase the develooment of re=ional imnact auidelines and standards. These increased thresholds shall aD=Iv only to those develonments am)roved after the effective date of the inmlementina ordinance (Ordinance 03-039L Policy 1.23.1 For residential, hotel, office or retail develoDments, the aDDIicable guidelines and standards shall increase bv 50 percent. Policy 1.23.2 The aOolicable multi-use quidelines and standards shall increase by 100%, provided that one land use of the multi-use development is residential, and that residential development amounts to not less than 35 Dercent of the city's aoolicable residential threshold. Policy 1.23.3 If any portion of a proposed develooment is located outside the delineated Urban Central Business District, the increased guidelines and standards of Rule 28-24,014(10), F. A. C., shall not aDDIV. Page 3 File Number: CPTA 04-001 Urban CBD RECOHNENDATZON The proposed text amendments to the Comprehensive Plan designating the downtown as an Urban Central Business District for the purpose of increasing DRI thresholds, are consistent with the requirements of Rule 28-24.014(10), FAC; will enable projects of a scale that will make a positive impact on the central business district, and will further implement redevelopment recommendations of the adopted Federa/H/qhway Corridor Commun/ty Redevelopment P/an. Therefore, staff recommends approval of the amendments. AI-I'ACHMENTS XII. - LEGAL ITEM B.7 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Requeste~l City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal -.a ~-< NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing '7' -'~ -. [] Code compliance/Legal Settlements [] Unfinished Business ..-- RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - First Reading. On January 6, 2004, the City Commission with a unanimous vote approved the transmittal to the Florida Department of Community Affairs (DCA). This item has returned from DCA and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-260. EXPLANATION: PROJECT: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) AGENT: City of Boynton Beach LOCATION: Area bounded by NE 4'~ Avenue on the north, NE 2na Avenue on the south, the Intracoastal Waterway on the east and the parcel fronting North Federal Highway on the west. DESCRIPTION: Request to reclassify multiple properties totaling _+15.036 acres from Mixed Use {MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVE~~.. DeveltYpme~lt Dc~p2nt~Dk tor ~~ Planning and Zon~ Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTShMIXED USE CORE ADD1TIONL~genda Item Request Mixed Use Core Addition I_and Use Amend LUAR 03-008 4-7-04.dot S:~BULLETIN~ORMSXokGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING SIX PARCELS 5 TOTALING APPROXIMATELY + 15.036 ACRES, 6 AND MORE PARTICULARLY DESCBRIBED 7 HEREIN; AMENDING ORDINANCE 89-38 BY 8 AMENDING THE FUTURE LAND USE ELEMENT 9 OF THE COMPREHENSIVE PLAN OF THE CITY 10 FOR THE PROPERTY; THE LAND USE 11 DESIGNATION IS BEING CHANGED FROM MIXED '12 USE (MX) TO MIXED USE-CORE (MX-C), 13 RETAINING THE EXISTING CONSERVATION .14 OVERLAY; PROVIDING FOR CONFLICTS, .15 SEVERABIL1TY, AND AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has .18 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land .19 Use Element by Ordinance No. 89-38 in accordance with the Local Government 2 0 Comprehensive Planning Act; and 21 WHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 23 and 2 4 WHEREAS, after public hearing and study, the City Commission deems it in the 2 5 best interest of the inhabitants of said City to amend the aforesaid Element of the 2 6 Comprehensive Plan as adopted by the City herein. 2 ? NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1: The foregoing WHEREAS clauses are true and correct and 3 0 incorporated herein by this reference. 3 '1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the Ct\Documents and Settings\lan~-~nar. ClTY\Local ~ettings\Te~orary Interact Files\OLK120\Mixed Use Core -03-008 Land 1 following: 2 That the Future Land Use of the following described land shall be designated as 3 Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. Said land is 4 more particularly described as follows: 5 That portion of land situated in Range 43 East, Township 45 South, Section 22, in the 6 City of Boynton Beach, more particularly described as follows: Lots 21, 22, 23, East 7 8 feet of North 98 feet of lot 24, lot 26 less South 45 feet thereof, lots 27, 28 and 29 8 of the DEWEY SUBDIVISION as recorded in Plat Book 1, Page 37 of the Public 9 Records, Palm Beach County, Florida. 10 11 12 Section 3: That any maps adopted in accordance with the Future Land Use Element 13 shall be amended accordingly. 14 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 15 repealed. 16 Section 5: Should any section or provision of this Ordinance or any portion thereof 1 ? be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 18 the remainder of this Ordinance. 19 Section 6: This Ordinance shall take effect on adoption, subject to the review, 2 0 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 21 Planning and Land Development Regulation Act. No party shall be vested of any right by 2 2 virtue of the adoption of this Ordinance until all statutory required review is complete and all 2 3 legal challenges, including appeals, are exhausted. In the e~ent that the effective date is 2 4 established by state law or special act, the provisions of state act shall control. 2 5 FIRST READING this __. day of ,2004. 26 S:\CA\Ordlnances\Planning\Land Use\Mixed Use Core -03-008 Land Use.doc i SECOND, FINAL READING and PASSAGE this __ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 Commissioner 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 2,1 S:\CA\Ordinances\Plannlng\Land Use\Mixed Use Core -03-008 Land Use.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 03-260 TO: Chairman and Members, Community Redevelopment Agency Board FROM: Hanna Matras, Economic Plarmer THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November 19, 2003 PROJECT DESCRIPTION Project: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) Agent: City of Boynton Beach Location: Area bounded by NE 4th Avenue on the north, NE 2nd Avenue on the south, the Intracoastal Waterway on the east and the parcel fronting North Federal Highway on the west. File No: Land Use Amendment (LUAR 03-008) Property Description: Six parcels totaling :t:15.036 acres shown on the accompanying location map (see Exhibit A), classified Mixed Use (MX). Most of the property is subject to requirements of the Conservation Overlay, which extends east from the city's retention pond (the Mangrove Park at the Marina) through the Mangrove Nature Park to the Intracoastal Waterway. Proposed change/use: To reclassify the subject properties described above from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. Adjacent Land Uses and Zoning: North: Right-of-way of NE 4th Avenue, then developed property (St. Mark's Church and Campus) designal~ed Mixed Use (MX) and zoned Central Business District (CBD). The eastern part of theProperty is subject to the Conservation Overlay. South: . Right-of-way for the proposed Boynton Beach Promenade, further south vacant properties designated Mixed Use-Core (MX-C) and zoned, from east to west, Mixed Use-High Intensity (MU-H) and then Central Business District (CBD). East: The Intracoastal Waterway West: Developed property (the Boynton Beach Plaza commercial center) designated Mixed Use- Core (MX-C) and zoned Central Business District (CBD). Page 2 Mixed Use Core Addition Land Use Amendment File Number: LUAR 03-008 BACKGROUND In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Boynton Beach 20/20 Redevelopment Master Plan. The City Commission adopted the first of those redevelopment plans, the Federal Highway Corridor Community Redevelopment Plan, on May 15, 2001. The implementation process of this plan was initiated by the City Commission approval, in June 2002, of the addition of two Mixed Use zoning districts, Mixed Use-High and Mixed Use-Low, to Part 11I of the City's Code of Ordinances. This amendment made the Mixed Use-High and Mixed Use-Low zoning districts available per request to developers who want to take advantage of benefits offered by the new regulations. The Mixed Use-High district, which allows residential densities up to 80 units per acre, necessitated the addition of a new land use category, the Mixed Use-Core (MX-C), to accommodate the higher density. The objective was to strengthen the incentives for redevelopment and inflll development in the downtown area by creating a possibility for a higher "critical mass" in terms of use synergies. In June 2003, the City Commission approved a Comprehensive Plan text amendment creating the said MX-C land use designation~ The concurr, ently approved land use amendment reclassified the area of Federal Highway Corridor segment bounded by NE 4th Avenue, East Ocean Avenue, Federal Highway and the Intracoastal Waterway from "Mixed Use" to "Mixed Use-Core". The Conservation Overlay area (mangroves) and the city-owned property lying between NE 2nd Street and NE 4th Street (Mangrove Park at the Marina) were excluded from the amendment. In a separate land use amendment, The Arches development was approved under the MX-C designation. To allow for the more intensive development within the MX-C district, the Floor Area Ratio (FAR) ceiling has been set at 4.0 (exclusive of parking structures) for all uses, with the residential density up to 80 units per acre, as compared to the FAR of 1.5 to 2.0 (depending on location) and the residential density of 40 units per acre in the Mixed Use (MX) category. However, the Comprehensive Plan makes different provisions for residential densities in the Mixed Use-Core areas located east and west of Federal Highway. Developments in both areas may reach densities up to 80 units per acre, but the overall density in the Mixed Use-Core area east of Federal Highway must not exceed 40 units per acre, since it ,is wi~ the Hurricane Evacuation Zone (Coastal High Hazard Area (CHH)). The Comprehensive Plan language explicitly limits the overall density within the CHI-IA to 40 units per acre. However, in its review of the Mixed Use-Core amendment, the Department of Community AffairS(DCA) expressed an ongoing concern about the increased density within the CHItA. After discussions with staff, DCA communicated requirements regarding the addition of certain properties to the Mixed Use-Core land use category. This amendment is proposed in response to the DCA requirements. It will add six (6) properties to that area under the Mixed Use-Core land use designation. Due to the requirements of the Conservation Overlay, potential development of subject properties is severely curtailed. Page 3 Mixed Use Core Addition Land Use Amendment File Number: LUAR 03-008 Consequently, even though individual lots within the entire MX-C-designated area can develop with the density of 80 units per acre, given the restrictions within the Conservation Overlay, and the density of the approved and proposed projects, the development of the MX-C area lying in the Coastal High Hazard Area will maintain the overall density of 40 units per acre as required by the Comprehensive Plan. The proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S.. Following local board review and City Commission public heating, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as tran~mu'tted, (2) adopt the amendment with changes in response to the ORC report, or O) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1st round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is in response to the requirement put forth by DCA. Therefore, staff recommends that the subject request be approved. ATTACHMENTS EXHIBIT "A' LOCATION MAP . MX ~ith Conservation Overlay j---. lq THE MIXED USE-CORE AREA XII. - LEGAL CITY OF BOYNTON BEA ITEM B.8 AGENDA ITEM REQUEST [ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ar- ~-'~ NATURE OF [] Announcement [] New Business ~ r-- AGENDA ITEM [] City Manager's Report [] Presentation I mid [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ~, RECOMMENDATION: Please place on the April 6, 2004 City Commission Agenda under Legal, Ordinance FiI~e~ Ordinance 04- __ amending Section 13-25, "BUSINESSES THAT HANDLE HAZARDOUS MATERIALS O11 WASTE", Chapter 1, GENERAL PROVISIONS, Article VII "APPEALS Section 1.D of the Land Development Regulations~' removing the Environmental Review Permits from the City Commission appeal process; Amending Chapter 2, ZONING, Sections 4.N, 5,6,7 and 8 of the Land Development Regulations, providing for Fire Department Hazardous Material Disclosure Toxic Substance Permits in accordance with Part Il, Section 9-71 of its code with respect to various uses within each zoning district; deleting Section I 1.1.1, and deleting Section 11.3, removing the use of the Environmental Review Committee from the Environmental Review Permit approval process.. EXPLANATION: The Department of Development, in coordination with the Fire Department Fire and Life Safety Division, have determined that the fimction, purpose and enforcement of the Environmental Review Committee are best served through a staff review process, rather than a review-by-committee process. In addition, the recommended changes to Chapter 9, Chapter 13 and the Land Development Regulations will clarify and simplify the process by which businesses must comply with the Hazardous Material Disclosure and Toxic Substance requirements of the Fire and Life Safety Division. PROGRAM IMPACT: Improved permitting, oversight and management of businesses utilizing or storing hazardous materials and toxic substance within the City through the office of the City's Fire Marshall. Streamlined review process and reduced application costs for businesses existing and wishing to establish in the City. FISCAL IMPACT: Current environmental review permit fees consist of a one-time $250 application fee and a $250 permit fee. An annual $25 Hazardous Waste/Toxic Substance Permit fee'charged to all applicable businesses will offset the current average annual revenue of approximately $15,000. ALTERNATIVES: ~ lQ William K~B~'~ector of Fire Services City Attorney / Finance / Human Resources S:\BULLETIN\FORMS~GENDA 1TEM REQUEST FORM.DOC ORDINANCE NO. O 04- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13, "LICENSES," ARTICLE I, "OCCUPATIONAL LICENSES" OF THE CODE OF ORDINANCES TO AMEND SECTION 13-7, "APPLICATION AND REAPPLICATION FEES," PROVIDING FOR ADDITIONAL INSPECTION FEES IF ADDITIONAL INSPECTIONS WARRANTED BY THE APPLICANT'S PROPOSED USE OF PROPERTY; AMENDING SECTION 13-25, "BUSINESSES THAT HANDLE HAZARDOUS MATERIALS OR WASTE" OF THE CODE OF ORDINANCES, PROVIDING FOR DEFINITIONS AND PERMITTING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is in the process of reviewing and revising Chapter 9 of its Code of Ordinances pertaining to the inspection of land uses associated with. toxic and hazardous substances; and WHEREAS, the City is also reviewing and revising its Land Development Regulations regarding the environmental review and inspection of land uses situated within the corporate boundaries of the City of Boynton Beach; and WHEREAS, in conjunction with the revisions proposed to Chapter 9 of the Code of Ordinances and to the Land Development Regulations, it is necessary to revise Section 13-7 of the Code of Ordinances to provide for inspection fees when disciplines and expertise outside of occupational licensing is required to review a proposed use, and to provide for the annual inspections of businesses engaged in the use, handling, generation, storage, or display of hazardous materials, hazardous waste, or toxic substances; and Page 1 WHEREAS, Section 13-25 of the Code of Ordinances also requires amendment to require an annual Hazardous Material Disclosure Toxic Substance Permit, rather than successful completion of the process of environmental review, for all businesses that use, handle, store, generate, or display hazardous materials, hazardous waste, or toxic substances; and WHEREAS, in order to cover the costs of necessary annual inspections and administrative review of businesses and occupations required to secure a Hazardous Material Disclosure Toxic Substance Permit, city staff recommends that an annual inspection fee of $25.00 be charged to such businesses or occupations, this fee having been found to presently cover the cost of such inspections and administration of toxic substance permit program; and WHEREAS, at its meeting of March 23, 2004, the City of Boynton Beach Planning and Development Board approved the abolition of the Environmental Review Committee and the process thereunder in favor of a City staff-level review of the various disciplines and approved the concepts provided for in this Ordinance; and WHEREAS, the City Commission of the City of Boynton Beach, Florida upon recommendation of staff and the Planning and Development Board, has determined that it is in the best interests of the citizens and residents of the City to amend the Code to remove the Environmental Review Committee from the development approval process without compromising the necessity or the requirement of City staff review. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 13, "Licenses," Section 13-7, "Application and reapplication fees," of the Code of Ordinances of the City of Boynton Beach is hereby amended to state as Page 2 follows: Sec. 13-7. Application and reapplication fees. (a) Prior to the issuance of an occupational license a person shall file an application with the city. The application shall be on a form prescribed by the city and shall be filed together with such other documentation as hereinafter set or as required by state law. The form shall require disclosure of the Federal Identification Number or Social Security number of the person to be licensed. (b) Each new application for an occupational license shall be accompanied by an application filing fee in the amount of forty dollars ($40.00), which shall cover the occupational license inspections and review to be undertaken by the city zoning and license manager. Should additional inspections for environmental, fire, or otherwise, be necessary due to the proposed use, the applicant shall pay for such inspections at a rate of twenty-five dollars per hour ($25.00Paour) per discipline, not exceeding a total of two hundred dollars ($200.00). In the event an application is denied due to failed inspections, the application may, upon payment of a reinspection fee of ten dollars ($10.00) per reinspection, be reconsidered. Section2. That Chapter 13, "Licenses," Section 13-25, "Businesses that handle hazardous materials or waste," of the Code of Ordinances of the City of Boynton Beach is hereby amended to state as follows: Sec. 13-25. Businesses that handle hazardOus materials or waste. All businesses which would be located within the city shall state, as part of the occupational license application, whether the business would use, handle, store, generate, or display hazardous materials~ or-geuaemm hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261~; or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, in which case the City ~-'~ ...... .n~ ~> ~,,~ .... partm ~'-~;~,~o...vo~ ..... ~...,..~'n" require a ................... . . v,, Fire De ent Hazardous Material Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code. Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Page 3 Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ., 2004. SECOND, FINAL READING AND PASSAGE this day of , 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATrEST: Commissioner City Clerk Commissioner (CORPORATE SEAL) s:ca~Ord~:RC Ord- Clmp~ 13.doc H:\1990L~0182.bbknd~ERC Ord- ~ 13.doc Rev. 03-29-04 Page 4 X[[. - LEGAL CITY OF BOYNTON BE/ ITEM B.9 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ~ -~"< NATURE OF [] Announcement [] New Business ~ c'~"r~ AGENDA ITEM [] City Manager's Report [] Presentation l: rnc:~ [] Consent Agenda [] Public Hearing ~ [] Code compliance/Legal Settlements [] Unfinished Business ~ RECOMMENDATION: Please place on the April 6, 2004 City Commission Agenda under Legal, Ordinance Firf~e~ Ordinance 04- amending Section 13-25, "'BUSINESSES THAT HANDLE HAZARDOUS MATERIALS gilt' WASTE", Chapter 1, GENERAL PROVISIONS, Article VII "APPEALS Section 1.D of the Land Development Regulations'7 removing the Environmental Review Permits from the City Commission appeal process; Amending Chapter 2, ZONING, Sections 4.N, 5,6,7 and 8 of the Land Development Regulations, providing for Fire Department Hazardous Material Disclosure Toxic Substance Permits in accordance with Part II, Section 9-71 of its code with respect to various uses within each zoning district; deleting Section 11.1.I, and deleting Section 11.3, removing the use of the Environmental Review Committee from the Environmental Review Permit approval process.. EXPLANATION: The Department of Development, in coordination with the Fire Department Fire and Life Safety Division, have determined that the function, purpose and enforcement of the Environmental Review Committee are best served through a staff review process, rather than a review-by-committee process. In addition, the recommended changes to Chapter 9, Chapter 13 and the Land Development Regulations will clarify and simplify the process by which businesses must comply with the Hazardous Material Disclosure and Toxic Substance requirements of the Fire and Life Safety Division. PROGRAM IMPACT: Improved permitting, oversight and management of businesses utilizing or storing hazardous materials and toxic substance within the City through the office of the City's Fire Marshall. Streamlined review process and reduced application costs for businesses existing and wishing to establish in the City. FISCAL IMPACT: · Current environmental review permit fees consist of a one-time $250 application fee and a $250 permit fee. An annual $25 Hazardous Waste/Toxic Substance Permit fee'charged to all applicable businesses will offset the current average annual revenue of approximately $15,000. ALTERNATIVES: ~t ~~~r ~f Develop~aent ' City Manager's Signature William ~/K.,~Bingham, Director of Fire Services City Attorney / Finance / Human Resources S:\BULLETINAFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 04- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS," ARTICLE VII, "APPEALS," SECTION 1.D OF THE LAND DEVELOPMENT REGULATIONS, REMOVING ENVIRONMENTAL REVIEW PERMITS FROM THE CITY COMMISSION APPEAL PROCESS; AMENDING CHAPTER 2, "ZONING," SECTIONS 4.N, 5, 6, 7, AND 8 OF THE LAND DEVELOPMENT REGULATIONS, PROVIDING FOR FIRE DEPARTMENT HAZARDOUS MATERIAL DISCLOSURE TOXIC SUBSTANCE PERMITS IN ACCORDANCE WITH PART II, SECTION 9-71 OF THIS CODE WITH RESPECT TO VARIOUS USES WITHIN EACH ZONING DISTRICT; DELETING SECTION 11.1.I; DELETING SECTION 11.3, REMOVING THE USE OF THE ENVIRONMENTAL REVIEW COMMITTEE FROM THE ENVIRONMENTAL REVIEW PERMIT APPROVAL PROCESS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Environmental Review Committee ("Committee") is a committee created by ordinance and composed of various staff members for the purpose of coordinating, in a committee environment, technical advice and expertise to assure compliance with the City of Boynton Beach Code of Ordinances and Land Development Regulations; and WHEREAS, it has been determined that the function and purpose of this Committee are best served through a staff review process, rather than a review-by-committee process; and WHEREAS, to implement the staff review, additional procedural direction and clarification to the environmental review process is required; and WHEREAS, amending the City's Land Development Regulations in this manner will serve to clarify and simplify the environmental review process, reducing the impact and cost on Page 1 of 16 the business community while at the same time assuring that environmental concerns are addressed in an efficient and thorough manner through the Hazardous Material/Toxic Substance Disclosure process; and WItEREAS, at its meeting of March 23, 2004, the City of Boynton Beach Planning and Development Board approved the abolition of the Environmental Review Committee in favor of a City staff-level review of the various disciplines and approved the concepts provided for in this Ordinance; and WHEREAS, the City Commission of the City of Boynton Beach, Florida upon recommendation of staff and the Planning and Development Board, has determined that it is in the best interests of the citizens and residents of the City to amend the Code to remove the Environmental Review Committee from the development approval process without compromising the necessity or the requirement of City staff review. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 1, "General Provisions," Article VII, "Appeals," Section 1, "Appeals from decisions of an administrative official," subsection D, "Assignment of Appeals," of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 1. Appeals from decisions of an administrative official. D. ASSIGNMENT OF APPEALS. The City of Boynton Beach has several boards/commissions which deal with a variety of appeals, variance, exemptions, exceptions, etc., as follows: Page 2 of 16 1. The building board of adjustment and appeals will hear and decide appeals of administrative decisions or detenmnations made in the enforcement and administration of LDR Chapter 20, Building, Housing and Construction Regulations and the various building codes and ordinances adopted by the City. See LDR Chapter 20, Article VII, Section 2D for detailed information. 2. The City Commission will hear and decide appeals of administrative decisions or determinations in the enforcement or administration of environmental excavation, dredging and/or fill permits; major/minor site plan or master plan modifications and height exceptions. 3. The concurrency review board will hear and decide appeals of administrative decisions denying a certification of concurrency and/or conditional certification of concurrency. Section 2. That Chapter 2, "Zoning," Section 4.N, "Performance Standards" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 4. General provisions. N. PERFORMANCE STANDARDS. 11. Hazardous materials= and hazardous waste, and toxic substances. a. Prior to the issuance or renewal of an occupational license in the city, the operator of any use that uses, handles, stores, o~ displays, or generates hazardous materials~ '-" '~'-~ ...... ~'~" hazardous waste~ or a toxic substance, as the same are defined in 40 Code of Federal Regulations, Part 261~ or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state or federal agency, shall be required to file a pe~-xx-Jt in accordance ,,vi*~ Sec*2en !!.2, En¥':rorcnentn2 Pem~.':ts Fire Department Hazardous Material Disclosure Form in accordance with Part II, Section 9-71 of this code. Page 3 of 16 d. Those using, storing, displaying, or generating l:,tsor-s-of hazardous materials~ .~... g ............ hazardous waste, or toxic substances shall develop hazardous materials response plans prior to the operation of such uses, which shall require the approval of the .... ~ ...... '"1 .... e, ~-~'-~'~"'~-~ Fire Marshal. This plan shall identify appropriate measures for contamination response including, but not limited to: (6) A copy of the permit issued by or application for permit to the governmental agency or agencies responsible for permitting the handling, storage, display, or generation of the particular hazardous materials, o~ hazardous wastes, or toxic substances. Where only periodic reports are required to be supplied to such agencies, copies of these reports shall be provided to the .... : ...... ,.,~ ~v;.~w ........... Fire Marshal. Section 3. That Chapter 2, "Zoning," Section 5, "Residential district regulations and use provisions" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 5. Residential district regulations and use provisions. H. AG AGRICULTURAL DISTRICT. These district regulations are intended to apply to those areas of Boynton Beach, the present use of which is primarily agricultural or the future use of which is uncertain. ~ Any use listed under 5.H. 1 lA. T"[ ........ ~,4 ...... above which uses, handles, stores, o~ displays, or generates hazardous materials, ~ .... "~"" ..... "-- hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261;. or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, .... ~ ...... '~' - -': ......" ;* hazardous material review in shall require a~ accordance with Sec'don 11.2 the Fire Department Hazardous Material Disclosure requirements of Part 11, Section 9-71 of this code. Page 4 of 16 I. REC RECREATION DISTRICT. These district regulations are intended to apply to those existing and proposed recreational areas not located in planned unit developments. Included in these areas are both public and private recreational tracts and the waters of Lake Worth and the IntracoastaI Waterway. It is the specific intent of these regulations to preserve recreational areas for current use and for the future, consisten with the comprehensive plan and with the subdivision regulations. Any use listed under 5.1.1. which uses, handles, stores, o~ displays, or generates hazardous materials, o~ ..,h:r~h ...... ~'~ hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shill require aa .... ; ...... *"~ .... ; ....... :'- hazardous material review in accordance with ~ Fire Department Hazardous Material Disclosure requirements of Part II, Section 9-71 of this code. J. PU PUBLIC USAGE DISTRICT. These district regulations are intended to apply to those areas within the city whose ownership and/or operation is public or whose use is largely publicly or institutionally oriented, exclusive of those areas whose use is primarily recreational. lA. TT ........ :~4 ...... ; ......~.~ ,n~.,~ ..~,..,~ ....... .. :* Any use listed under 5.J. 1. above which uses, handles, stores, o~ displays, or generates hazardous materials, ^ .... ~':~' ...... *'~ hazardous waste, or toxic substance, as such may be defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require a~ .... : ...... *n~ .... ~ ...... ~' hazardous material review in accordance with $eecfioa~4~ the Fire Department Hazardous Material Disclosure requirements of Part II, Section 9-71 of this code. Section 4. That Chapter 2, "Zoning," Section 6, "Commercial district regulations and Page 5 of 16 use provisions" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 6. Commercial district regulations and use provisions. A. C-I OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such services for all. 1. Uses permitted. Within any C-1 office and professional zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered or used, in whole or in part, except for one (1) or more of the following specified uses (single-family occupancy when incidental and necessary to main use is permitted). Those uses, however, which are listed in lA. below shall require conditional use approval,....."-"~ '~.~se. prior to the establishment of these uses: q. Copying service. Print shops shall be allowed subject to obtaining aa .... : ...... ,-~ .... ~ ....... :* hazardous material or toxic substance review in accordance with ,geelion4t-3 Part II, Section 9-71 of this code. lB. ~""~ ...... *'~ .~;';~;;' Fire Department Hazardous Material Disclosure required. Any use listed under 6.A.1. or 6.A.1A. above which uses, handles~ stores~ o~ displays, or generates hazardous materials, hazardous waste, or a toxic substance as the same are defined by 40 Code of Federal Regulations, Part 261,. or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require an ~,--,:~ ..... *~~-,: ..... -, :* Fire Department Hazardous Material Disclosure in accordance with Sec~c,n !!.3 Part II, Section 9-71 of this code. B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to sevice individual residential neighborhodds. Generally, the desired locations for these facilities are near or about the geocenter or other planned nucleus of the neighborhood, conforming to the general development plan. 1. Uses permitted. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected altered, Page 6 of 16 or used, in whole or in part, except for one (1) or more of the following specified uses. Those uses, however, which are indicated in lA. below shall require conditional use approval, and ~u~.,..o.. ........... u~,~o .,...U~cU.. ~,.~ ~,~'~*~a ..~a~.~..~ lB. ~.~ ..... ~.~,~ ..... ~ .........~ ...... . .., ,~..*~' .... .~ ~ .......~* prior to the establishment of these uses: All stores and shops in the C-2 district shall be limited to retial sales. a. Any use permitted in C-1 district. qq. Drive-up, dive-through or drive-in service for any of the ratail uses of personal services listed under 1.ii through 1.pp above. * Drive-up and drive-through facilities for financial institutions shall be a permitted use, however. rr. Automotive service stations, subject to the provisions of 1.cc. above. ss. Print shops. tt. Drycleaning on premises, limited to handling goods that are brought to the premises by retail customers. uu. A single-family residence, incidental to a permitted, commercial use, located on the same lot as the commercial use. Such residence shall have a minimum living area of seven hundred fifty (750) square feet and shall be limited to occupancy by the property owner or business owner/operator. All uses listed under 1.c through -hqq 1.tt above shall specify the gross floor area on the application for an occupational license. Each retail store and adjacent stores or bays under the same ownership or control that are of a similar or related use shall be considered to be a single store for the purpose of computing floor area. lA.Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. Page 7 of 16 d-.Any use listed under 6.B.1 or 6.B.1A, which uses, handles, stores, o~: displays, or generates hazardous materials,,.,.~ .... .....~,.u:~'- e,--,,-,--,,-,o'~'o hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261;. or the Horida Substance List as set forth in Rule 4A-62.004, Hofida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part 1I, Section 9-71 of this code. 2. Prohibited uses. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. Page 8 of 16 e:--. Any use listed under 6.C.1 or 6.C.1A, which uses, ~ handles, pl stores, Ol: dis ays, or generates hazardous materials, o- hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261; or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-"/1 of this code. 2. Prohibited uses. Within any C-3 community commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or uses, in whole or in part, for any of the following uses: D. C4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in projecting desirable uses and pattens along the development corridors that will be located at points along major trafficways. The ultimate desired results are to group highway uses, keep accesses to a minimum, and combine accesses, so as to limit the drive out interruptions. In addition, these regulations can help expedite, facilitate, and ease traffic on and off the major trafficways and allow sufficient frontage for safe ingress and egress and yet again, not erode the design capacities for our highways. Page 9 of 16 lB. Use~ requmng digtNct. e,--. Any use listed under 6.D.1 or 6.D.1A, which uses, handles, stores, displays, or generates hazardous materials, or whicLe,,~..~----~+~o hazardous waste, or a toxic substance.., as the same may be defined by 40 Code of Federal Regulations, Part 2617 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part Section 9-71 of this code. E. CBD CENTRAL BUSINESS DISTRICT. The intent of this district is to provide a highly visible community focal point integrating business, retail, and recreational and residential activities. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. ""'"" * c, ectu~d in Page 10 of 16 b. Any use listed under 6.E. 1, which uses, handles, stores, o~ displays, or generates hazardous materials, ^... .... .,.--,--.k:"k ~,"--"'"'"°*~ hazardous waste, or a toxic substance, as the same may be defined by 40 Code of Federal Regulations, Part 261~ or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this code. 2. Uses prohibited. Within the central business district, no building, structure, land, or water, or portion thereof, shall be used for any of the following uses: G. PLANNED COMMERCIAL DEVEI.OPMENT DISTRICT. 5. Uses permitted, conditional uses, uses requiring .... : ...... .n~ .... ; ....... :, Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of. this code. a. All uses listed in Section 6.C.1 of these zoning regulations provided however, that uses listed as conditional will not be required to secure conditional use approval if shown on the master plan required as a part of this submission, and uses will not be subject to the minimum acreage requirements of Section 6.C.1. if the site meets the minimum acreage requirement for rezoning to PCD and all portions of any building dedicated to such use are separated from residentially zoned property by a ~t~lA'~IC~fll/4 ~1,~. /,~r~ ~'~lAa,~A A"~ 1:;'~."1~.1 D~.I.+i~ D~.4' Og! ~h~11 . .... .l~ ~ Page 11 of 16 b. Uses ancillary to permitted uses; and c. Commercial uses not listed in Section 6.C. 1, but approved by the planning and development board. d. Any use listed under 6.E. 1, which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same may be defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part 1I, Section 9-71 of this code. Section 5. That Chapter 2, "Zoning," Section 7, "Planned industrial development district" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 7. Planned industrial development district· E. USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment in accordance with section 11.M, recreational and attractions as defined for the industrial land use classification, multi-family residential, and mixed use residentialIcommercial uses in PID's totaling a minimum of 500 acres or industrial use provided that such use or uses is/are approved by the planning and development board. In approving uses in the PID, ... Any use approved by the planning and development board for a particular PID which uses, handles, stores, o~ displays, or generates hazardous materials, o~ ~ hazardous waste, or a toxic substances, as the same may be defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance Page 12 of 16 List as set forth in Rule 4A-62.004, Florida Administrative Code, shall also require a~ .... ; ...... *-~ .... ; ....... ~* Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this code ~ Section 6. That Chapter 2, "Zoning," Section 8, "M-1 industrial district regulations and use provisions" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: A. M-1 INDUSTRIAL DISTRICT. 1. Permitted uses, no distance requirement. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., woul~ ld q conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: 2. Permitted uses subject to distance requirement. Within any M-1 industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part for any of the following uses, unless a minimum distance of three hundred (300) feet is maintained between the use and residential-zoned property. Said distance shall be measured along a straight airline route from the property line of residential-zoned property to the building or portion of the lot where the specified use is located, except that those portions of the lot or structure which are located within the minimum distance may be used for lawful uses other than the uses listed below, subject to district building and site regulations. Any use or process that woul~ require an envlrc, nment~ review penrr'.-;t '.:n~er S~io~hA-.~., would require conditional use approval under Section 8.A.4.; or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: Page 13 of 16 (1) Plastic products, limited to forming of plastics materials, including compounding of resins. (2) Rubber products, li~ted to fo~ng of mb~r matefi~s; exclu~ng tire and inne~ube manuhcmfing and mb~r reciting. Egt-~lis~ent cf (3) Machine shops, wel~ng and metalworhng shops, tins~ths, sheet metal hbdcation, blacks~th shops; machi~ng, stmping, cutting, joining, for~ng, ~awing, ben~ng, or o~er fo~ng of metes as eider pu Jp s-~nc;-a b. O~e~ uses as (1) Asph~t paving, patchng, roofing, ~d sealcoafing, excluffing ~ph~t ~d t~ pl~ts. (2) Buil~ng clemng and j~itofi~ se~ices; swi~ng pool m~ntenance (6) Con.actors, o~rafive builders, ~d ~ade con.actors shops ~d storage ..... , ..... vF ....... use w c uses, hanses, stores, ~splays, or generates h~dous matefi~s, h~dous w~te, or a to~c subs~ce, ~ ~e sine ~e defined by 40 C~e of Federfl Re~lafions, P~ 261 or ~e ~ofida Subs~ce ~st ~ set fo~ in Rule 4A- 62.~4, ~ofida A~ffis~afive C~e, sh~l r~uire Fire Dep~ent Page 14 of 16 Hazardous Material Disclosure in accordance with Part 1I, Section 9-71 of this code. a. Manufacturing, fabrication, and processing, as follows: (1) Dairy products. 4. Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the following uses, unless a conditional use approval is secured according to the standards and procedures set forth in Section 11.2 of these zoning regulations; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2.; be prohibited under Section 8.A.5., shall fully comply with the provisions of those sections, where applicable. Section 7. That Subsection I, "Status of Existing Uses Requiring Environmental Review Permits," of Section 11.1, "Nonconforming uses and structures," Chapter 2, "Zoning," of the Land Development Regulations of the City of Boynton Beach is hereby deleted in its entirety. Section 8. That Chapter 2, "Zoning," Section 11.3, "Environmental review permits" of the Land Development Regulations of the City of Boynton Beach is hereby deleted in its entirety. Section 9. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 10. Authority is hereby granted to codify said ordinance. Page 15 of 16 Section 11. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ,2004. SECOND, FINAL READING AND PASSAGE this . day of , 2004. C1TY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner (CORPORATE SEAL) 5:ca~li~aeea~RC O~d -LDILdoe H:\I990~900182.bb~d~ERC O~d - 1.DR.doe R~. 0~-29q)4 Page 16 of 16 XII. - LEGAL CITY OF BOYNTON ITEM B.10 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ~ NATURE OF [] Announcement [] New Business I rv~c~ AGENDA ITEM [] City Manager's Report [] Presentation ,,O :~..< [] Consent Agenda [] Public Hearing ~ c:~- [] Code compliance/Legal Settlements [] Unfinished Business ~ .~ RECOMMENDATION: Please place on the April 6, 2004 City Commission Agenda under Legal, Ordinance lr~i:~t r~--~ Reading, Ordinance 04- __ to amend the Code of Ordinances Chapter 9, "FIRE PROTECTION AND PREVENTION'~:: Section 9-30 DUTIES OF OFFICERS, authorizing officers of the Fire and Life Safety Division to enforce all laws concerning toxic substances; Amending Section 9-71, Code of Ordinances, requiring a Hazardous material Disclosure/Toxic Substance Permit for businesses using, handling, storing, or displaying hazardous or toxic substances. EXPLANATION: The Fire Department Fire and Life Safety Division, in coordination with the Department of Development, have determined that the function, purpose and enforcement of the Environmental Review Committee are best served through a staff review process, rather than a review-by-committee process. In addition, the recommended changes to Chapter 9, Chapter 13 and the Land Development Regulations will clarify and simplify the process by which businesses must comply with the Hazardous Material Disclosure and Toxic Substance requirements of the Fire and Life Safety Division. PROGRAM IMPACT: Improved permitting, oversight and management of businesses utilizing or storing hazardous materials and toxic substance within the City through the office of the City's Fire Marshall. Streamlined review process and reduced application costs for businesses existing and wishing to establish in the City. FISCAL IMPACT: Current environmental review permit fees consist of a one-time $250 application fee and a $250 permit fee. An annual $25 Hazardous Waste/Toxic Substance Permit fee charged to all applicable businesses will offset the current average annual revenue of $15,000. ALTERNATIVES: William L.~ing~ra~,,Director of Fire Services City Manager's Signature Quintus ~ree~e, ]~ir~~elopment City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLn_GENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. O 04- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 CHAPTER 9, "FIRE PROTECTION AND PREVENTION," 6 AMENDING SECTION 9-30, "DUTIES OF OFFICERS" OF 7 THE CODE OF ORDINANCES, AUTHORIZING OFFICERS 8 OF THE FIRE AND LIFE SAFETY DIVISION TO 9 ENFORCE ALL LAWS CONCERNING TOXIC lo SUBSTANCES; AMENDING SECTION 9-71, 11 "DISCLOSURE AND SAFETY REQUIREMENTS," OF THE 12 CODE OF ORDINANCES, REQUIRING A HAZARDOUS 13 MATERIAL DISCLOSURE/TOXIC SUBSTANCE PERMIT 14 FOR ALL BUSINESSES, NEW AND EXISTING, USING, 15 HANDLING, STORING, OR DISPLAYING HAZARDOUS 16 OR TOXIC SUBSTANCES; PROVIDING FOR CONFLICTS, 17 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 18 DATE. 19 20 WHEREAS, the Code of Federal Regulations and the Florida Administrative Code 21 contain rules and regulations governing the use, handling, storage, and display of hazardous 22 materials, hazardous waste, and toxic substances; and 23 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined 24 that it is necessary to clarify Chapter 9 of the City's Code of Ordinances to specify that the use, 25 handling, storage, and display of hazardous materials, hazardous waste, and toxic substances are 26 included within the duties of the division and are to be considered by the City when reviewing 27 applications for Occupational Licenses, Site Plans, Building Permits, and when performing 28 annual inspections on businesses engaged in the use, handling, storage, and display of hazardous 29 materials, hazardous waste, and toxic substances; and 30 WHEREAS, the City Commission has determined that it is necessary to amend Chapter 31 9 of the Code of Ordinances to authorize officers of the Fire and Life Safety Division to enforce Page 1 of 10 I all laws, rules, and ordinances pertaining to toxic substances, in addition to hazardous materials 2 and hazardous waste; and 3 WHEREAS, hazardous materials, hazardous waste, and toxic substances have potentially 4 adverse and lasting effects on humans and on the environment if such substances are not stored, 5 used, or handled properly; 6 WHEREAS, under an annual inspection program, the Fire-Rescue Division of the City 7 will monitor businesses and sites where the use, handhng, storage, or display of hazardous 8 materials, hazardous waste, or toxic substances occurs to assure compliance with the City's Code 9 of Ordinances and Land Development Regulations and applicable state and federal regulations; 10 and l l WHEREAS, an annual inspection program will assist in protecting the citizens of 12 Boynton Beach and the environment from long-term, lasting effects, which have the potential of 13 adversely affecting the quality of life within the municipal limits of the City of Boynton Beach; 14 and 15 WHEREAS, it is the desire of the City Commission to ensure that the use, handling, 16 storage, and display of toxic sUbstances is reviewed by the City in connection with annual 17 inspections and reinspections of businesses required to secure and maintain such a permit; and 18 WItEREAS, the City Commission of the City of Boynton Beach, Florida upon 19 recommendation of staff, has determined that it is in the best interests of the citizens and 20 residents of the City to amend Chapter 9 regarding the regulation of the use, handling, storage, 21 and display of hazardous materials, hazardous waste, and toxic substances. 22 Page 2 of 10 ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 2 CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 4 Section 1. That Chapter 9, "Fire Protection and Prevention," Article llI," Fire and 5 Life Safety Division," Section 9-30, "Duties of officers," of the Code of Ordinances of the City 6 of Boynton Beach is hereby amended to state as follows: 7 ARTICLE III. FIRE AND LIFE SAFETY DIVISION 8 10 11 Sec. 9-30. Duties of officers. 12 13 It shall be the duty of the officers of the Fire and Life Safety Division, identified 14 in Section 9-29, to enforce all laws and ordinances concerning the following: 15 16 (a) The prevention of fires. 17 18 (1) Inspection. 19 (2) Plan review. 20 (3) Public education. 21 (4) Enforcement. 22 23 CO) The storage and use of explosive, flammable, and hazardous materials, and 24 toxic substances. 25 26 ... 27 28 29 30 31 Section 2. That Chapter 9, "Fire Protection and Prevention," Article VIII, "Hazardous 32 Materials," Section 9-71, "Disclosure and safety requirements," of the Code of Ordinances of the 33 City of Boynton Beach is hereby amended to state as follows: Page 3 of 10 I ARTICLE VIII. HAZARDOUS MATERIALS AND TOXIC SUBSTANCES 2 3 Sec. 9-71. Disclosure and safety requirements. 4 5 (a) Definitions. For the purpose of this section, the terms listed below shall be 6 defined as follows, provided however, references to statutes or regulations in existence at 7 the time this section is adopted shall also include references to such statures or 8 regulations as they maybe amended from time to time: 9 10 (1) Carcinogen: refers to a substance which causes cancer. For purposes of 11 this section, carcinogens are those substances specified on the list 12 developed by the United States Department of Health and Human Services 13 in its Annual Reports on Carcinogens. 14 15 (2) CAS Number: the unique identification name as assigned by the Chemical 16 Abstracts Services to specific chemical substances. 17 18 (3) Chemical name: the specific designation of a substance in accordance 19 with the International union of Pure and Applied Chemistry of the system 20 developed by the Chemical Abstracts Services. 21 22 (4) Common name: a designation of identification such as code name, code 23 number, trade name or brand name used to identify a substance other than 24 by its chemical name. 25 26 (5) Disclosure: All businesses which would be located within the city shall 27 state, as part of the occupational license application, building permit 28 application or site plan application, whether the business would use, 29 handle, store or display hazardous materials or generate hazardous waste, 30 as defined by 40 Code of Federal Regulations, Part 261, in which case the 31 business shall be required to submit a Disclosure Form. 32 33 (6) Disclosure Form: The form that provides a list of materials and substances 34 located at the facility that requires MSDS. The information must also 35 include the quantities and storage methods. 36 37 (7) Handle: to generate, treat, use, or dispose of a hazardous material or toxic 38 substance in any fashion. 39 40 (8) Handler: any person who handles a hazardous material or toxic substance. 41 42 (9) Hazardous Material: any substance or product for which the manufacturer 43 or producer is required to prepare a Material Safety Data Sheet 0VISDS) Page 4 of 10 1 for the substance or product pursuant to the Superfund. 2 3 Amendments and Reauthorization Act (SARA) Title lll, October, 1986 4 and/or Chapter 252, Florida Statutes, the Florida Hazardous Materials 5 Emergency Response and Community Right-to-Know Act, July 1988, 6 provided that a substance may additionally be deemed hazardous material 7 or hazardous waste upon a finding by the Fire Chief that the substance, 8 because of its quantity, concentration or physical or chemical 9 characteristics, poses a significant potential hazard to human health and 10 safety or to the environment if released into the community. Should the 11 Fire Chief at any time determine that otherwise exempted materials should 12 be subject to disclosure the Fire Chief may require the submission of a 13 disclosure form. 14 15 (10) Hazardous waste: any material that is identified in the Code of Federal 16 Regulations, Title 40, Sections 261.31 - 261.33. 17 18 (11) Health official: the Health Officer with authority in the City of Boynton 19 Beach, Florida. 20 21 (12) MSDS: A Material Safety Data Sheet prepared pursuant to regulations 22 indicated in paragraph (8) above. 23 24 (13) Person: an individual, trust, firm, joint stock company, corporation, 25 partnership, or association. 26 27 (14) Physician: any person recognized as a physician under Florida law. 28 29 (15) SIC Code: the identification number assigned by the Standard Industrial 30 Classification Code to specific types of businesses. 31 32 (16) Recovery: as defined in Palm Beach County Regional Hazardous 33 Materials Response Plan. 34 35 (17) Storage or storing the containment of substances or materials in such a 36 manner as not to constitute disposal of such substances or materials. 37 38 (18) Use: includes the handling, processing, or storage of a hazardous material 39 or toxic substance. 40 41 (19) User: any person who uses or handles a hazardous substance~ or-hamt~ 42 hazardous waste, or toxic substance. 43 Page 5 of 10 1 (20) Toxic Substance: Any substance listed in the Florida Substance List, as 2 set forth Rule 4A-62-004, Florida Administrative Code. 3 4 (b) Filing of a Hazardous Matcvlal Disclosure Form. 5 8 ,~ ,~.~ o~.-,..., r~n.~..... ~X::~-- ~O~ ...... ~-,~.*~., Any person applying for 9 site plan review, building permit or occupational license shall disclose on 10 the application whether hazardous material, hazardous waste, or toxic 1 ~ substances will be used, stored, displayed, generated, or handled, and if so, 12 a disclosure form must be completed and filed with the Boynton Beach 13 Fire Rescue Department. 14 15 (2) Any person who, during the calendar year, for the first time becomes a 16 user or handler of any hazardous material or toxic substance must submit a 17 completed disclosure form to the Boynton Beach Fire Rescue Department 18 within fifteen (15) days of becoming a user or handler. Thereafter, any 19 such user or handler shall comply with the provisions of Subsection (b)(1) 20 above. 21 22 (3) The City of Boynton Beach Fire Rescue Department may, upon written 23 notice, require the submittal of a disclosure form of any user or handler. 24 The user or handler shall submit a completed disclosure form within 25 fifteen (15) days. 26 27 (4) Any person required to submit a disclosure form pursuant to this Section 28 shall file with the Boynton Beach Fire Rescue Department and updated 29 disclosure form on an annual basis at the same time as any occupational 30 license renewal or within fifteen (15) days of any of the following: 31 32 a. A change in business address. 33 34 b. A change in business ownership. 35 36 c. A change in business name. 37 38 d. Cessation of business operations. 39 40 e. The use or handling of a previously undisclosed hazardous material 41 or toxic substance. 42 43 f. A significant change in the use, handling, or manufacturing of a Page 6 of 10 1 hazardous material or toxic substance for which disclosure has 2 been previously made. 3 4 g. The hazardous characteristics of every hazardous material or toxic 5 substance disclosed, including but not limited to, toxicity, 6 flammability, reactivity, and corrosivity as may be required by the 7 Fire Rescue Department. 8 9 (5) Upon request, all users must provide the following information: 10 11 a. To the Fire Rescue Department, any information determined by the 12 Department to be necessary to protect the public health, safety, or 13 environment. 14 15 b. To any physician, where the physician determines that such 16 information is necessary to protect the public health, safety, or the 17 environment. 18 19 (c) Exemptions from Disclosure. The following materials or persons are 20 exempt for disclosure requirements: 21 22 (1) Hazardous materials or substances contained in food, drag, 23 cosmetic, or tobacco products. 24 25 (2) Hazardous materials or toxic substances contained solely in 26 consumer products packaged for use and by and distributed to the general 27 public unless the product is repackaged or altered in any way; provided, 28 however, the manufacture and distribution of these products are not 29 exempt. However, pesticides, herbicides, and ammonium nitrate 30 fertilizers over the required disclosure amounts are not exempt from 31 disclosure. 32 33 (3) Any person, while engaged in the transportation or storage 34 of hazardous materials, within the provisions of Title 49 of the Code of 35 Federal Regulations, Subchapter c, as exists or as hereafter amended or 36 changed. 37 38 (4) Infectious waste generated by hospitals, medical centers, 39 clinics, and other health care facilities. 40 41 (d) Identification of Areas; keyed lock box: identification placards. 42 43 (1) When required by the Fire Rescue Department, any person Page 7 of 10 1 submitting a disclosure form may be required to install an approved keyed 2 lock box to store safety data sheets, floor plans, site plans, and building 3 access keys for authorized use in the case of an emergency. If required by 4 the Fire Rescue Department, the approved keyed lock box must be 5 installed within ninety (90) days of receipt of a written notice from the Fire 6 Rescue Department. The specifications and location of the required keyed 7 lock box shall be as designated by the Fire Rescue Department. The 8 National Fire Protection Association (NFPA) Standard 704m, Standard 9 System for Identification of the Fire Hazards of Materials, shall be 10 incorporated with the application of the keyed lock box to provide exterior 11 warning symbols for emergency responders. Hazardous materials 12 identification placard(s) shall be installed in accordance with NFPA 13 Standard 704. 14 15 (2) The Fire Rescue Department may direct that the items 16 specified above be revised or reinstalled at any time. The City shall bear 17 no expense for initial or subsequent work required of a user under this · i 8 section. 19 20 (e) Record keeping; exemption from public disclosure. 21 22 (1) Upon receipt of a disclosure form, the Fire Rescue 23 Department shall maintain files of all disclosure forms received. 24 25 (2) Under the provision of 252.88(3), Florida Statutes, any and 26 all information, including but not limited to, site plans and specific 27 location information on hazardous materials or toxic substances furnished 28 to the Fire Rescue Department pursuant to this section shall be 29 confidential and exempt from the provisions of Section 119.07(1), Florida 30 Statutes. 31 32 (f) Enforcement. The Fire Chief or designee is authorized and empowered to 33 enforce the provisions of this Chapter. The enforcement may include the inspection of 34 hazardous materials or toxic substances in use, storage, or disposal, review of hazardous 35 materials records, the sampling and testing of hazardous materials and other activities 36 directly related to the enforcement of this section. No person shall obstruct or interfere 37 with the Fire Chief or designee in the performance of these duties. 38 39 (g) Violations. In addition to the penalties and remedies provided in Section 40 252.66, Florida Statutes, any violations of the provisions of this section shall be 41 punishable as provided for in Section 2-91 and 9-61 of the City of Boynton Beach Code 42 of Ordinances. 43 Page 8 of 10 1 Section 3. Should any section or provision of this ordinance or portion hereof, any 2 paragraph, sentence or word be declared, by a court of competent jurisdiction to be invalid, such 3 decision shall not affect the remainder of this ordinance. 4 Section 4. Authority is hereby granted to codify said ordinance. 5 6 Section 5. This ordinance shall become effective immediately upon passage. 7 8 9 FIRST READING this __ day of ,2004. 10 11 SECOND, FINAL READING AND PASSAGE this _ day of , 12 2004. 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 17 Mayor 18 19 2O 21 Vice Mayor 22 23 24 25 Commissioner 26 27 28 29 ATTEST: Commissioner 30 31 32 33 City Clerk Commissioner 34 35 (CORPORATE SEAL) 36 37 H:\1990Lo00182.BB\ORD\ERC Ord- Chapter 9.doc 38 s:~caXordinances'~ERC Ord- Chapter 9.doc 39 Rev, 03-29-03 Page 9 of 10