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Agenda 12-05-06 The City of B'Q' 'Y" "'n' "t"Q" ,n""'" B', jar ,ai' ,'c,"'h,'/" ;....'..".~ '"",.' /' / ,JJ i;! '/'/', '=! " ,,': . 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA December 5, 2006 Jerry Taylor Mayor - At Large Bob Ensler Vice Mayor - District I Mack McCray Commissioner - District II ) Jose Rodriguez Commissioner - District III Carl McKoy Commissioner - District IV Kurt Bressner City Manager James Cherot City Attorney DISTRI T I Janet M. Prainito City Clerk www,boynton-beach,org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting 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. GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS o Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. o Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. o Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. o Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings. " o Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. o 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. o ADDRESSING THE COMMISSION: 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 December 5, 2006 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Chaplain Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Rodriguez D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. B. Community and Special Events: 1 Holiday Extravaganza featuring the 4th annual Medieval Faire, Holiday Parade and Holiday Tree Lighting will be held on December 9th and 10th. o Saturday & Sunday, 11 a.m.-5 p.m. each day. Medieval Faire at Intracoastal Park. Advance general admission tickets $5 at Boynton Cinema, Old Boynton Rd. & Military Tr., and City Hall in the Mall, Boynton Beach Mall next to Macy's. Gate general admission $7. Children 3-10 and seniors 65+ $5. o Saturday, Dee. 9, 5 p.m. Holiday Parade steps off south along Federal Hwy. from Ocean Ave. to S.E. 1th Ave. FREE. Agenda Regular City Commission Boynton Beach, FL December 5, 2006 o Saturday, Dec. 9, 6:30 p.m. Tree Lighting. - 100 block of E. Ocean Ave. at Schoolhouse Children's Museum. FREE. o Saturday, Dec. 9, 7 p.m., Concert. Featuring Crystal Gayle and the Gatlin Bros. - 100 block of E. Ocean Ave. FREE. C. Presentations: 1. Proclamations None IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> XIII. UNFINISHED BUSINESS: B. Follow-up discussion on site plan for Ocean 95 Industrial Project (This item was moved up on the agenda by consensus of the Commission) V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Exoiration Date II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2) III Rodriguez Cemetery Board Alt 1 yr term to 4/07 Ensler Code Compliance Board Alt 1 yr term to 4/07 Tabled (2) IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Community Relations Board Reg 3 yr term to 4/08 II McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 III Rodriguez Education and Youth Advisory Board Alt 1 yr term to 4/07 III Rodriguez Library Board Alt 1 yr term to 4/07 II McCray Library Board Alt 1 yr term to 4/07 Tabled (2) I Ensler Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/07 Tabled (3) II McCray Recreation & Parks Board Reg 3 yr term to 4/08 IV McKoy Senior Advisory Board Reg 2 yr term to 4/07 2 Agenda Regular City Commission Boynton Beach, FL December 5, 2006 VI. 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. Regular City Commission - November 8, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve a piggyback to the GSA Contract #GS-07F-9491 with Godwin Pumps of America, Inc. for the purchase of (1) New 12" Bypass Pump at a purchase price of $89,972. 2. Award the "ANNUAL SUPPLY OF SULFURIC ACID" Bid #009-2821-07/JA, to SATCO, (Sulphuric Acid Trading Company, Inc.) of Tampa, FL for an annual expenditure of $160,000. 3. Approve a piggyback with Charles S. Whiteside, Inc. in the amount of $418,442.50 for construction of the Southeast Neighborhood Park based on a contract with Palm Beach County "Annual Pathway and Minor Construction Contract, Project No. 2007052". The budgeted project amount is $645,370.50 with $226,937 allotted for other contractors and $34,621 to be used as contingency. C. Resolutions 1. Proposed Resolution No. R06-202 RE: Approving and authorizing execution of Task Order No. U06-5-01 with CH2MHill for development of a testing plan, and contracting for testing services to conduct a mechanical integrity test on the reject water injection well, located at the West Water Plant for $89,958. 2. Proposed Resolution No. R06-203 RE: Approving and authorizing execution of an Assignment and Assumption Agreement as an addendum to the contract approved on June 20, 2006 among BellSouth Telecommunications, Inc., the City of Boynton Beach and Palm Beach County to install a secondary E9-1-1 PSAP to relocate 9-1-1 Communications for a cost of $60,831. D. Approve the 'HIGH RIDGE PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper) 3 Agenda Regular City Commission Boynton Beach, FL December 5, 2006 E. Approve full release of surety for the project known as Carriage Pointe, in the amount of $23,861.15 and to refund the cash payment in this amount to the project developer, Lennar Homes. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Description: c. Project: Agent: Description: D. Project: Agent: Owner: Location: Description: Arches (SPTE 06-011) Bonnie L. Miskel, Esq. Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for a 12 month site plan time extension for site plan approval granted on September 6, 2005 to extend site plan approval from September 6, 2006 to September 6, 2007. Denmar Building (NWSP 06-024) George Brewer, Brewer Architecture, Inc. Mary Ann Monnin 615 NE 3rd Street Request for new site plan approval to construct a 3,433 square foot commercial retail and contractor office/warehouse building and related site improvements on 0.34 acre in the C-4 (General Commercial) zoning district. Evaluation and Appraisal Report (EAR) Staff-initiated Request to review the revised EAR which addresses the deficiencies identified by the Department of Community Affairs in the original EAR report. (Proposed Resolution No.R06-204) Miraflor (ANEX 06-009) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road Request to annex the subject property (3.87 acres).(lst Reading Proposed Ordinance No. 06-093) (To be tabled to January 2, 2007) 4 Agenda Regular City Commission Boynton Beach, FL December 5, 2006 E. Project: Agent: Owner: Location: Description: Miraflor (LUAR 06-022) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Sea crest Boulevard across from Mentone Road Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dujac) (1st Reading Proposed Ordinance No. 06-094) (To be tabled to January 2, 2007) Request to rezone from Residential, Multi-family (PBC RM to Multi- family Residential (R-3) (Proposed Ordinance No. 06-095) (1st Reading Proposed Ordinance No. 06-095) (To be tabled to January 2, 2007) Proposed use: Residential development consisting of 40 multi-family town home units. F. Project: Agent: Owner: Location: Description: G. Project: Agent: Owner: Location: Description: H. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Ine. West side of North Seacrest Boulevard across from Mentone Road Request for new site plan approval to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi- family Residential zoning district. Pylon Interstate Plaza (ZNCV 06-010) Jason Mankoff, Weiner & Aronson, P.A. Chambers Properties, LLC and Pylon Plaza, LLC 1501 Corporate Drive Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, H.16.d(19) for a variance of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent of the office space, within the C-1 Office and Professional Commercial zoning district. High Ridge New Urban PUD (SPTE 06-013) Jeffrey Costello, Director of Planning for New Urban Communities New Urban High Ridge, LLC High Ridge Road and Miner Road Request for a 12-month site plan time extension for site plan approval granted on September 20, 2005, to extend site plan approval from September 20, 2006 to September 20,2007. 5 Agenda Regular City Commission Boynton Beach, FL December 5, 2006 IX. CITY MANAGER'S REPORT: X. E. F. A. Review of Utilities Capital Improvement Plan B. New Space for the Police Department c. Report and Recommendation on Implementation Strategy for Boynton Beach Assembly Project. D. Report on 2007 State Appropriation Requests. FUTURE AGENDA ITEMS: A. Review by Recreation & Parks and Arts Administrator of possible pocket park next to Sunshine Square (January 2, 2007) B. Review of Art in Public Places (January 2, 2007) c. Review of Appointment of Chairs and Vice-Chairs of Quasi-Judicial Boards (January 2, 2007) D. Possible change of board reappointments to after November election (January 2, 2007) Feasibility of Saturday hours for the Building Division (March 2007) Schedule of all development fees and when payment is due (TBD) XI. NEW BUSINESS: None. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING (Continued on next page) 6 Agenda Regular City Commission Boynton Beach, FL December 5, 2006 Large Scale Amendments 1. Proposed Ordinance No. 06-063 RE: Amending the Future Land Use Element of the Comprehensive Plan for a parcel owned by Sunshine Square Corp, LLC., and located at the southwest corner of Woolbright Road and South Federal Highway; changing the land use designation from Local Retail Commercial (LRC) to Mixed Use (MX).(E//ipse - Sunshine Square WAR 06-016) 2. Proposed Ordinance No. 06-065 RE: Amending Ordinance 89-38 by amending the future land use element of the Comprehensive Plan for two (2) parcels of property; parcel one is bounded by the C-16 canal on the north, Mariner's Way on the south, West Road on the west, and the Intracoastal Waterway on the east; parcel two is bounded by Martin Luther King, Jr., Blvd. on the north, NE 6th Court on the South, the Intracoastal Waterway on the east and Alley east of and parallel to US Highway 1 on the west; changing the land use designation from Mixed Use to Low Density Residential. (In/et Cove Associat/on LUAR 06-019) 3. Proposed Ordinance No. 06-072 RE: Amending Policy 1.9.5 and Policy 1.16.1 of the Future Land Use element of the Comprehensive Plan in support of a corridor study along Woolbright Road between the Florida East Coast Railroad Right-of-way and I-95 and to allow for residential densities of up to twenty (20) dwelling units per acre in areas outside the Federal Highway Corridor Redevelopment Area for the development of affordable housing. (Comprehens/ve Plan Po/Ice 1.9.S and 1.16.1) 4. Proposed Ordinance No. 06-088 RE: Amending Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts for conversion of Mixed Use-Low (MU-L) to Mixed Use-Low 1 (MU-U), amendment of Mixed Use-High (MU-H) and establishment of the Mixed Use-Low 2 (MU- L2) and Mixed Use-Low 3 (MU-L3) zoning districts. (Continued on next page) 7 Agenda Regular City Commission Boynton Beach, FL December 5, 2006 The Office @ Bamboo Lane 5. Proposed Ordinance No. 06-089 acre parcel. RE: Annexing the 0.265- 6. Proposed Ordinance No. 06-090 RE: Amending the Comprehensive Plan Future Land use Map from Commercial High with underlying Medium Density Residential (PBC CH/5) to Local Retail Commercial (LRC). 7. Proposed Ordinance No. 06-091 RE: Rezoning from Commercial, General (PBC CG) to Community Commercial (C-3). 8. The Office @ Bamboo Lane (ZNCV 06-011) Request relief from Chapter 2. Section 6.C.3 of the Land Development Regulations, requiring a minimum lot area of 15,000 square feet in the Community Commercial (C-3) zoning district, to allow development of a lot of 11,578 square feet, representing a variance of 3,422 square feet. (Tabled to December S, 2006) 9. The Office @ Bamboo Lane (NWSP 06-023) Request for New Site Plan approval to construct a 7,497 square foot professional business office building and related site improvements on 0.265 acre zoned C-3 (Community Commercial). (Tabled to December S, 2006) Ellipse (Sunshine Square) 10. Proposed Ordinance No. 06-064 RE: Rezoning from Community Commercial (C-3) to Mixed Use-Low Intensity 3 (MU-L3) for a proposed mixed use project on 14.41 acres. 11. Ellipse (Sunshine Square) (HTEX 07-001) RE: Request for height exception of 19 feet to allow for a total height of 94 feet to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles to exceed the maximum building height of 75 feet on the MU-L3 zoning district. (Tabled to December S, 2006) 12. Ellipse (Sunshine Square) (NWSP 05-031) RE: Request for new site plan approval to construct a mixed use (residential/office/retail) complex on a 14.43-acre parcel in the Mixed Use-Low Intensity 3 (MU-L3) zoning district. (Tabled to December S, 2006) 8 Agenda Regular City Commission Boynton Beach, FL December 5, 2006 B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING 1. Proposed Ordinance No. 06-092 RE: Approving creation of Section 18-180.2 of the Boynton Beach Code of Ordinances providing for a 2% automatic annual delayed COLA for the Firefighter Pension Fund; and amending Section 18-186 to provide for 12% member contributions into the Firefighter Pension Fund. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-096 RE: Amending the City of Boynton Beach's Code of Ordinance to replace the term Occupational License with Business Tax or Business Tax Receipt. 2. Proposed Ordinance No. 06-097 RE: Amending the Land Development Regulations of the City of Boynton Beach, Revising Chapter 4, "Site Plan Review" Section 5 to increase the initial approval period for site plans from twelve months to eighteen months. 3. Proposed Ordinance No. 06-098 RE: Amending Part III, "Land Development Regulations", Article III "Special Conditions" of Chapter 21; providing for additional time that special signs can be maintained. D. Resolutions: None E. Other: 1. Closed door Executive Session to discuss pending litigation in the following case: Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell L. Miller, individually and Sir Electric, Inc., a FL corporation vs. The City of Boynton Beach - Case No. CA 02-01704 AN (Tabled to January 2, 2007) XIII. UNFINISHED BUSINESS: A. Continued discussion of Community Redevelopment Agency Board. (Tabled to January 2, 2007) B. Follow-up discussion on site plan for Ocean 95 Industrial Project (This item will be discussed following Iv. Public Audience) 9 Agenda Regular City Commission Boynton Beach, FL December 5, 2006 XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATIER CONSIDERED AT THIS MEETING, 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 em SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACT1VlTY IN OROER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 12/01/06 4:00 p.m. s: \CC\ WP\CCAGENDA \AGENDAS\year 2006\120S06.doc 10 - 1~, ", ~~ v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI lll.-ANNOUNCEMENTS &. PRESENTATIONS Item 8.1 Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetine Dates in to City Clerk's Office Meetine. Dates in to City Clerk's Office ~ December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5. 2~.rNoon) 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16,2007 January 2. 2007 (Noon) 0 March 20. 2007 Marcb 5, 2007 (Noon) 0 February 6, 2007 January 16.2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) ~ AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Permit announcement EXPLANATION: On December 9-10, 2006, the City will present its Holiday Extravaganza, featuring the 4th annual Medieval Faire, Holiday Parade, Holiday Tree Lighting and Concert, The schedule is as follows: . Saturday & Sunday, Dec. 9, I I a,m.-5 p.m. each day. Medieval Faire at Intracoastal Park. Advance general admission tickets $5 at Boynton Cinema, Old Boynton Rd. & Military Tr., and City Hall in the Mall, Boynton Beach Mall next to Macy's. Gate general admission $7, Children 3-10 and seniors 65+ $5. . Saturday, Dec. 9, 5 p.m. Holiday Parade steps off south along Federal Hwy. from Ocean Ave, to S,E. 12th Ave. FREE. . Saturday, Dec. 9, 6:30 p,m. Tree Lighting. 100 block ofE. Ocean Ave, at Schoolhouse Children's Museum, FREE, . Saturday, Dec. 9, 7 p.m., Concert, Featuring Crystal Gayle and the Gatlin Bros. 100 block E. Ocean Ave. FREE, PROGRAM IMPACT: Will serve to increase public awareness of these events. FISCAL IMPACT: None J~/. ~.4~d Dep nt He's Signature AL TERNA TIVES: Not permit announcement Public Affairs Ity Manager's Signature Assistant to City Manager (~ Department Name City Attorney / Finance S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM DOC V.ADMINISTRATIVE ITEM A. APPLICANTS ELIGIBLE FOR APPOINTMENT 12/05/06 .". LAST NAME FIRST NAME 151 CHOICE 2na CHOICE 3'" CHOICE APPUCATION SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Aaencv Board Buchanan James (Buck) Community Redev. 7/10/06 Aaencv Board "C(( 1'/ VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must he Turned Meetlne: Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office fZI December 5, 2006 November 20, 2006 (Noon.) 0 February 20. 2007 February 5,2007 (Noon) 0 January 2, 2007 December 18. 2006 (Noon) 0 March 6. 2007 February 20, 2007 (Noon) 0 January 16. 2007 January 2. 2007 (Noon) 0 Marcb 20, 2007 March 5. 2007 (Noon) 0 February 6. 2007 January 16, 2007 (Noon) 0 April 3, 2007 March 19. 2007 (Noon) 0 ArmouncementsIPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to "piggy-back" off of the GSA Contract #GS-07F-949I with Godwin Pumps of America Inc. for the purchase of (I) New 12" Bypass Pump at a purchase price of$89,972.00. EXPLANATION: Procurement Services Division received a request from the Utilities Department to utilize GSA Contract #GS-07F-9I94 with Godwin Pumps of America Inc. for the purchase of (I) New 12" Emergency Bypass Pump. PROGRAM IMP ACT: The City's portable pumps have been primarily Godwin Pumps. Their perfonnance and l'CI"'ic~ been exceptional. The Godwin Pumps offer options that most manufactures cannot. These options are needed by ta& :::;::1 Wastewater Pumping Division in the event of an emergency. The pump will be used in an emergency situation wh{$thenNP a problem at one of the master lift stations and or scheduled maintenance to a station where bypass pumping must be'ins~ N f"'\'10 FISCAL IMPACT: Funds are allocated in the FY 2006/2007 budget as follows: 0 ~~ ::- ui~ ::c o~ CO ..." .. .."co -ITI ..- C')> W ITIn ::%: Account Descrintion Machinery & Equipment AccOlmt Number 401 -28 I 6-536-64-02 Amount $ 89,972.00 ALTERNATIVES: Not to purchase the Bypass Pump and not have adequate -x3~, Procurement Services Cf11L Department Name City ltomey / inance S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #06-186 TO: FROM: Bobby Jenkins Assistant Finance ~ector firKofi Boateng, P.E. ~~;{ ;,/,/,;. Utilities Director \9-~ ,<\,-,\Ol.. November 1, 2006 DATE: SUBJECT: Piggy-back GSA Contract #GS-07F-9491 Godwin Pumps of America Inc. (1) New 12" Bypass Pump Agenda Item - Capital Outlay In the 2006/07 budget. the Utilities Department requested and received approval to purchase one (1) 12" emergency bypass pump. Godwin Purnps of America Inc, is an authorized vendor under the GSA contract. The Utilities Department would like to piggyback the GSA contract with Godwin Pumps for the purchase of a 12" bypass pump. The City's portable pumps have been primarily Godwin Pumps. Their performance and service has been exceptional. Godwin Purnps offer options that most manufacturers cannot offer. For example, their maximum flows of 5000 to 6000 gprn. solids handling capacity of 3", total dynamic head (TDH) as high as 180 ft, "dry prime" patent prirning system and 24 hour parts and service. These oPllons are needed by the Wastewater Pumping Division in the event of an ernergency. This purnp will be used in an emergency situation when there is a problem at one of the Master Lift Stations and or scheduled maintenance to a station where bypass purnping must be installed. The cost for the 12" bypass pump is $89,972.00. Godwin Purnp has offered to extend this price to the Utilities Department based on their contract with GSA. Attached is the proposal outlining specification, pricing and the GSA contract. Funds are available in account #401-2816-536-64.02. Please present this at the next Commission meeting for Comrnission approval. If additional information is needed, please contact Dan Spooner at ext. 6437 or Tony Lornbardi at ext. 6421, TU Attachments Xc: Michael Low Dan Spooner Tony Lombardi George Peck Barb Conboy File Jedwin pumps. 3007 N. 50th Street Tam~, fl 33519 Tel: (813) 740-0331 Fax: (813) 740-0332 !rFAXEDF l~ October 22, 2006 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Attention: Mr. Tony Lombardi Phone: (561)742-6317 FllX: (561)742-6316 RE: Godwin Dri-Prime@ Model CD300M, 12" Critically Silenced Automatic SelHriming Diesel Pumpset Revised Sale Quote KA2920.0l Dear Mr. Lombardi: Godwin Pumps of America, Inc. is pleased to provide the attached sale Quotation as discussed. We have quoted Godwin Sale Pricing as well as GSA pricing for our Godwin Dri-Prime~ Model CD300M, 12" Critically Silenced Automatic Self-Priming Diesel Pumpset, As per your request, the unit will be skid mounted, so that you may utilize your awn trailers for each unit. Ifwe can provide additional infonnation or assistance, please do not hesitate to contact us at . (813)-740-0331, mobile at (813)-363-5962 or via e-mall at tAmoalall!OdwinDWllIlS.com. Kevin bematly Sales E . ecr ~ /tla HOII1t Office, One Floodgate Road, 8ridgeport, NJ 08014 . www.godwlnp~,.com . (85&) 4&7-363& . Fax: (855) 457-4841 ! h!~ ::;NC Orange. Think Godwin. Great ;,VJn~ ~ !Mn:dat P\iJ~hC': 7.1 Q007 'U 11" October 17, 2006 City of Boynton Beach Attention: Mr. Tony Lombardi Sale Quotation #KA2920 Page 2 of2 ~_n~~~ ITEM QTY A 1 .* SALE QUOTATION ** DESCRIPTION UNIT PRICE God...l. Dri-PnmeQII Model CD300M Critically Silenced Automatic Self- Priming (to 28 r....t) Diesel Pump$et. . 12" Flange Suction ana 12" Flange Djschar~e Connection. . Solid$ hllllaIing to 3-3/4". . Dry Running Oil Bath Double Meohanical Seal. . Driven by Caterpillar C-9, 275 HP @ 1800 lU'M, waler cooled aiesel engine, . Skid mOlll1ted on Wit.'l integral 2SD-gallon fuel tank and lifting braoket. . Average wel cOll$umption I I.I OPR @ 1800 RPM. . Entire pump and ..,gine aosembly shall be completely enclosed with sound AlUlluated panels. . NolseIevel: 69d1l~~ R'ltimated Sale Total: $111,680,00 GSA Pricing: $89,972.00 ---:B- F.O.B. - Bridgeport, NJ Delivery: Non- GSA $2,000.00 GSA- No Freight Lead-time: 8-10 Wee\r.$ ARO SALE TOTAL $111,680.00 $89,972.00 !S116. 788. 00 srJ'i08o.00 ~ This prking {nf0m7.1ion it; for your intomaJ use OII/y, W5 os/< 1M! lhHs itdm. and wrm. ". kep/confidentiol AD appllc8bhllm and fmght charge. wHI b. .rfded 1O InvoicH. AD quolOOOns e,. S"~ to _ apptOVal. All q~lfoM .... valid for 90 <lSY'. All prfopo~""Jfftc/ in fIe: f'lto./tot'$, See attached Terms and D9flnttiona which am parl if.....'. -..."- Gd meN SdVind moon V~dOO: I 900CCG ETIMATED SALE TOTAL GSA. TOTAL O~ lJJ OCT. 26. 2006 2: 29PM GODWIN PUMPS NO, 996 P. 1/3 gedwin pumps GENERAL SERVICES ADMINISTRATION FEDERAL SUpPLY SERVICE AUTHORIZED FEDERAL SUPPlY SCHEDULE PRICEllST On-lin access to contract ordering information, terms and condltions. up-to-date pricing, and the option to ere te an electronic delivefY order are available through GSA AdVanlagel'lU, a menu-driven database syste . The INTERNET address for GSA Advantage!.... is: httD:I/www.fss osa.oov. Fed ral Supply Schedule 084 - TOIaI Solutions for Law Enforoernent, Security Facilities Management, Fire, Rescue, Clothing, Marine Craft and EmergencylDisaster Response Firelighlin9 and Rescue Equipment FSC Class: 42 Contract Number: GS.()7F-9491 For more information on ordering from Federal Suppiy Schedules, click on the FSS Schedules button 1II hItp:www,fss.gsa.gov . Contract Period: 03110/97 through 03/31/07 co RACTOR: GodWin Pumps , Floodgate Rd Bridgeport, NJ 08014 Ph: 856-467-3636 Fax: 856-467-4428 ORMATION: arded special Item Number(s): Business Size: SmalVMfg Contract Administration: Nadia Redder Fire Extinguishing/Suppressing Produots, Retardant, Foams & Equipment 1 b. OWest Priced Model Number for each Awarded Speeialltem Number(s): CD75MA5 CD225M HL.5MS HS80 unit CDBOD CD250M HL.5M HS100 unit CDSOM CD300M HL6M HS150 unit C0100M DPC300 HL6ffS2 HS200 unit C0150M HlBOM HL225M HS250 unit 10. the Contractor is proposing hourly rates, a description of all corresponding commeroial job tilles experience, functional responsibility and education for those types of employees or subc ntractors who will perform services shall be provided. Not applicable MUM ORDER ClUIDELINE: $100,000 per SIN/per Order This aximum order is a doDar amount at which it is suggested that the ordering agenoy request higher disco nts from the contractor before issuing the order. The contractor may: 1) Offer a new lower price, 2) er the lowest price avanable under the con!l'llCl, or 3) Decline the order within five (5) daY!'- In aoco nee with the Maximum Order provisions contained in the Schedule, a delivefY order may be place against the Schedule contract even though it exceeds the maximum order. OCT. 26. 2006 2:29PM GODWIN PUMPS NO.9 9 6 P 2/3 3. MI /MUM ORDER LIMITATION: $100.00 GRAPHIC COVERAGE: 50 Unned Slates and Washington DC. and U.S. Territories Net 30 Days. VERNMENT PURCHASE CARDS ARE ACCEPTED. 9b. TIFICATION WHETHER GOVERNMENT PURCHASE CARDS ARE ACCEPTED OR NOT ACC PTED ABOVE THE MICROPURCHASE THRESHOLD, Yes 6. B IC DISCOUNT: The oustomer deduClS a 20.8% basic discount from the approved price list. then adds t e prevailing IFF rate to the disoounted plice. Currently the IFF rate is .75%. 10. F REIGN ITEMS: All items manufactured in the United States 11a. 11b. PEDITED DELIVERY: 24 hours if in stook. Contact contractor for availability He. VERNIGHTI2.DAY DELIVERY: Consun with Contraolor 11d. RGENT REQUIREMENTS: Consu~ wrth Contractor 12. F B POINT, FOB Destination for all areas except Alaska, Hawaii, Puerto Rico. and U.S. Terrnories. The locations are FOB inland carrier, port of exportation. 13a. RDERING ADDRESS: same as contractor's address 13b. HDERING PROCEDURES: For supplies and SeMellS, the ordering procedures. information on Blank t Purchase Agreements (BPA's), and a sample BPA can be found at the GSAlFSS Schedules Horn age - www.fss.asa.oov/sohedules. 14. YMENT ADDRI!SS: Same as ordering address 15. ARRANTY PROVISIONS: Standard Commercial Warranty 16. E PORT PACKING CHARGES, IF APPLICABLE: NlA S AND CONDI'TIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: None 18. T RIIS AND CONDITIONS OF GOVIiRNIIENT PURCHASE CARD ACCEPTANCE (ANY THR HOLDS ABOVE THE MICROPURCHASE LEVEL): None RIIS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): None 20. AIlS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS D ANY DISCOUNTS FROM LIST PRICES (IF APPLICABLE): None 21. OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): See Attached List 22. T OF PARTICIPATING DEALERS (IF APPLICABLE): None OCT. 26, 2006 2:30PM GODWIN PUMPS NO.9 9 6 p, 3/3 23. P EVENTlVE MAINTENANCE (IF APPLICABLE): None 24&. NVIRONMENTAL ATTmBUTIiS (E.G., RECYCLED CONTENT, ENERGY EFFICIENCY, ANDI R REDUCED POLLUTANTS): None 24b. EC110N 508 ELECTRONIC AND INFORMATION TECHNOLOGY (EI1) STANDARDS CAN BE FOU D AT: www.8emlonS/J8.QoY. IF APPLICABLE, CONTRACTOR SECTION 508 COMPLIANCE INFO MATION IS AVAILABLE ON EIT SUPPLIES AND SERVICES AT THE FOLLOWING LOC :nON: Not Applicable. 25. TA UNIVERSAL NUMBER SYSTEM (DUNS) NUMBER: 083244269 26. T1F1CATlON REGARDING REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION (CCR DATABASE: Registered Seq Freeform n Code Information 1, ea 9356 12" DIESEL DRIVEN DRY-PRIM PORTABLE BYPASS PUMP 2, ee 93513 S/HOSES AND ACCESSOR IES 8 ge,aSS ~( \ , f- . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.2 Requested City Commission Date Final Form Must be Turned Requested City Cotmnission Date Final Form Must be Turned Meetin!! Dates in to City Clerk's Office Meetin2 Dates in to City Clerk's Office 1:8:1 December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 February 20. 2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5. 2007 (Noon) 0 February 6, 2007 January 16, 2007 (Noon) 0 April 3. 2007 March 19.2007 (Noon) 0 AnnouncementsIPresentations 0 City Manager's Report NATIJRE OF 0 Administrative 0 New Business AGENDA ITEM 1:8:1 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: A motion to award the "ANNUAL SUPPLY OF SULFURIC ACID" Bid # 009-2821-07/JA, to SA TCO, (SuIphuric Acid Trading Company, 1nc.), of Tampa, Florida, for an annual expenditure of $160,000.00. EXPLANATION: On October 24, 2006, Procurement Services opened and tabulated two (2) bids. All bids were reviewed by the Utilities Department and it was determined that Satco, of Tampa, Florida, was the lowest, most responsive, responsible bidder who met all specifications. Kofi Boateng, Utilities Director, concurs with this recommendation (see attached memo# 06-184). The provisions of this bid award will allow for a one (I) year extension at the same terms, conditions, and prices subject to vendor acceptauce, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The pnrpose of this bid is to obtain a firm price for a one (I) year period for the purchase of sulfuric acid. The West Water Treatment Plant uses 93% sulfuric acid to lower PH of the feed water to prevent calcium carbonate (CaC03) from precipitating onto the membrane surface during the water treatment process. The West Water Treatment Plant anticipates using 5,300,000 pounds per one (1) year period. FISCAL IMPACT: BUDGET ACCOUNT NUMBER: BUDGETED AMOUNT: 401-2811-536-52-35 $160,000.00 ALTERNATIVES: Continue to use tbe 98% sulfuric acid blend which has a negative impact on the acid feed system. The Unit Price Per LB for the 93% Sulfuric Acid is $0.0302 compared to the Unit Price Per LB for the 98% is $0.0353. 32,600.00 2005-2006 Unit Price for 98% Sulfu . A~ City Manager's Signature Assistant to C ger C~ Department Name S,IBULLE1lN\FORMSIAGENDA ITEM REQUEST FORM,DOC MEMORANDUM UTILITIES # 06-184 To: Bobby Jenkins Assistant Finance Director From: Kofi Boateng ~ fi \Y \ Utilities Director V\(.-~ \'\' V--'S ,,\\'S \\1."" Date: October 31, 2006 Subject: Purchase of Sulfuric Acid Sulfuric Acid is used at the West Water Treatment Plant to lower the PH of the feed water to prevent calcium carbonate (CaC03) from precipitating onto the membrane surface during the treatment process, The current bid with Shrieve Chemical Company for the purchase of sulfuric acid, has expired and can no longer be extended, Several years ago we could no longer purchase 93% sulfuric acid so we had to use 98% sulfuric acid, 98 % sulfuric acid is stronger and has caused problems with our acid feed system, Now 93% sulfuric acid is available again so we received bids on both the 93% and 98% sulfuric acid, The bids for sulfuric acid (Bid # 009-2821-07/JA) were open October 24,2006, Shrieve Chemical Company was the lowest bidder for 98% sulfuric acid and Sulfuric Acid Trading Company (SATCO) was the lowest bidder for 93% sulfuric acid, We are recommending returning to the 93% sulfuric acid it is better for our acid feed system. Therefore we recommend awarding the bid to purchase 93% sulfuric acid for $160,000 from Sulfuric Acid Trading Company (SATCO). We anticipate using 5,300,000 pounds of 93% sulfuric acid per year. Please place this item on the next city commission agenda to approve the bid. These funds are available in account number 401-2811-536-52-35 in the 2006/2007 budget. If you have any questions, please contact Michael Low at 742-6403 or Dave Ailstock at 742-6953, Attachments KB/me bc: Dave Ailstock xc: Michael Low Barbara Conboy File " 0 .., <<l " Q) P- O """' ..... ,., "'" u . '" ~ I m Q) .,.., .., .,.., r-i .,.., .., ~ . . ... . c u 0; ,~ 0 0 'E $ .., ~ " :Q c m 8 ~ " r-i ~ . . .... E . . <ll " 5 ~ ~ Q) ~ c B c " . ~ . B . 0; c Q ~ 8- ~ ~ . a: .8 ~ ~ ~ ,0 ~ . " ~ 0 E " " '5 E c . . D > " . ~ . ~ E 0; ~ E ~ ~ ,g j 0; . 0; ~ '" .~ 15 P <( m Q) u .,.., J> " Q) tJ> r-i <<l .... 0 .; 0 <C r.< 0 "" 0:: ',Q " ;:) 0 u. .., ....I u ;:) Q) " en .,.., u. 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W 0 ->C ::;; 0 u..o:: ::;; Z Zo W 8~ 0 > U <D 9 '0 " , 'co " - :; (j) a; Q) .c (f) BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Telephone: (561) 742-6322 Bid Title: "ANNUAL SUPPLY OF SULFURIC ACID" Bid Number: 009-2821-07/JA Bid Received By: OCTOBER 24, 2006, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: October 24, 2006, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Sulphuric Acid Trading Company, Inc. Federal LD. Number: 59-3424337 A Corporation of the State of: Florida Area Code: 813 Telephone Number: 225-2000 Area Code: 813 FAX Number: 225-1001 Mailing Address: 5802 Breckenridge Parkway, Suite 200 City/State/Zip: Tampa, Florida 33610-4299 Vendor Mailing Date: 10/23/06 James C. Wilson o cd ~a%:!. . yped 15 TmS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To AI! Bidders: Date: October 23, 2006 The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product called for. When submitting more than one bid proposal price for this product, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. Anticipated annual volume is 5.000.000 pounds per year. Product Brand: Sulfuric Acid - 98% Grade - Liquid Product Brand: Sulfuric Acid - 93% Grade - Liquid. The undersigned proposes to deliver the product in accordance with the specifications for the sum of: SULFURIC ACID $ 0.0353 Unit Price Per Pound / 98% $ 0.0302 Unit Price Per Pound / 93% ALL PRICES F.O.B. BOYNTON BEACH Unit price per pound shall be firm through the contract period. It is further agreed that the product will be delivered wiiliin one calendar days from ilie date ofilie Purchase Order from ilie City. Number of Bid Proposals submitted Onf: 16 TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Specification "check-off' sheets (Pages 3-4) submitted Yes Yes/No Certificate of Compliance Enclosed Yes Yes/No Certified Analysis of Product Composition Enclosed Yes Yes/No Sulphuric Acid Trading Company, Inc. COMPANY NAME " James C. Wilson PRINTED NAME ( 813) 225-2000 TELEPHONE NUMBER General Manager TITLE 17 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATEOFFLORlDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: (: U),d- - SIGNATURE Sworn and subscribed before me this 16th day of October ,2006_ Printed Information: James c. Wilson NAME I~-' ~TPL ( N ARY PUBLIC, State of Florida at Large ',' General Manager TITLE ~. "., .. Sulphuric Acid Trading Company, Inc. COMPANY PATIlICIA T. DEWITT < MY COMMISS1OO # DO 575611 EXPIRES: August 15, 2010 BmdlId nw Nclary PubIc IJnderwriIers "OFFICIAL NOTARY SEAL" STAMP 18 TffiS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFffiMATION OF MINORITY OWNED BUSINESS N/A A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. () AMERICAN INDIAN () ASIAN () BLACK ( ) HISPANIC () WOMEN () OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO lfYES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification 19 TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Wbenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifYing the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4) In the statement specified in subsection (I), notifY the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notifY the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction, 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 20 TillS PAGE TO BE SUBMITTED ALON PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE . c..4.-- Vendor's Signature flOf?1 SPECIFICATIONS FOR ANNUAL SUPPLY OF SULFURIC ACID The City of Boynton Beach Utilities Department is seeking a firm price per pound for one (1) year for the purchase of Sulfuric Acid to be used at the West Water Treatment Plant, located at: 5469 W. Boynton Beach Boulevard, Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (pages 3-4) with the proposal sheet in order for a bid to be considered. For your own records, it is suggested that you make and keep a copy of the specifications. ---1L- Acceptable Standard: 98% Grade Sulfuric Acid ~ Acceptable Standard: 93% Grade Sulfuric Acid --1L- Sulfuric Acid will be shipped as Liquid Sulfuric Acid ~ Delivery will be a twenty-three (23) ton minimum load (3,000 gallons) --1L- Total Anticipated Annual Volume (not guaranteed) is 5,000,000 lbs (350,000 gallons) ---1L- The bidder must submit a certificate of compliance and a certified analysis, as to the composition of the product with the bid ~ The successful bidder's shipper is responsible for matching our receiving tank equipment with the proper tank truck discharge system ---1L- The successful bidder must supply M.S.D.S. (Material Safety Data Sheets) on the product and conduct a one (1) hour safety seminar on site for staff who will handle this material ~ The successful bidder will provide a representative to visit the plant a minimum of two (2) times per year to coordinate shipping, safety, unloading, and to inspect the results of the product on the feed system ~ The successful bidder will supply copies of the manufacturer's shipping and handling safety procedures 3 Tms PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued.... -1L- Deliveries will be between the business hours of7:00 A.M. and 3:00 P.M., Monday through Friday with the exception of Holidays. F.O.B. Boynton Beach, Florida -1L- The City's Laboratory may randomly sample product delivery and if material does not meet specification(s), the product will be rejected and may be returned to manufacturer at no cost to the City Of Boynton Beach ~ Sulfuric Acid (Liquid) 98% Grade Specifications, as specified in chart below ~ Sulfuric Acid (Liquid) 93% Grade Specifications, as specified in chart below SULFURIC ACID 98% GRADE AND 93% GRADE SPECIFIC GRAVITY @ 600 F FREEZING POINT ARSENIC (As) AMMONIA ANTIMONY (Bb) BARIUM (Ba) CADIUM (Cd) CHROMIUM (Cr) CHLORIDE COPPER (Cu) HARDNESS AS CaC03 IRON (Fe) LEAD (Pb) MANGANESE (Mu) MERCURY (Hg) NICKEL (Nl) NITRA TEES SELENIUM (Se) SILVER (Ag) SPECIFICATION 1.835 -290 F <0.02 PPM <0.01 PPM <0.5 PPM <0.4 PPM <.025 PPM <.33 PPM <0.2 PPM <0.07 PPM <5 PPM <18 PPM <0.2 PPM <0.2 PPM <0.002 PPM <0.18 PPM <5 PPM <0.01 PPM <0.05 PPM 4 TIDS PAGE TO BE SUBMITIED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 102 W. WMing Street, Suite soo Tampa, FL 33602 Telephone (813) 225-2000 Facsimile (813) 225-1001 SA/CO Sulphuric '<'\cid Trading Compnny, Inc The City of Boynton Beach Annual Supply of Sulphuric Acid Bid #009-2821-07/JA Opening October 24, 2006 EXCEPTION TO THE SPECIFICATIONS Page 3 - The minimum tank truck load is 24 tons (3,137 gallons prox). SA/CO 1 D2 W. Whiting Street, Suite f Tampa. FL 336, Telephone (813) 225-2000 Facsimile (813) 225-1 ()()1 Sulphuric Acid Tradin~~ Company, !rlC Certificate ot Compliance Sulphuric Acid Trading Company, Inc. (SATCO) As exhibited by the attached copies, the sulphuric acid represented by this bid will be sourced from TECO Polk Power Plant in Mulberry, Florida, for which SATCO is the exclusive marketing agent, or SATCO's Terminal in Tampa; both entities are certified by ANSI/NSF Standard 60, the NSF Drinking Water Additives Certification Program. This Certification represents that this product conforms to all applicable requirements of NSF Standard 60 and all applicable program policies. SATCO is also ISO 9001:2000 Certified. (\ ) l., Signed by: .~: V/~ Ja ~C. Wilson, General Manager Date: October 23, 2006 SA/CO Sulphuric Acid Trading Company, inc Strength Specific Gravity @ 600 F Freezing Point Arsenic (As) Ammonia Antimony (Bb) Barium (Ba) Cadmium (Cd) Chromium (Cr) Chloride (CI) Copper (Cu) Hardness as CaC03 Iron (Fe) Lead (Pb) Manganese (Mn) Mercury (Hg) Nickel (NI) Nitrates Selenium (Se) Silver (Ag) 5802 Breckenridge Parkway, Suite 200 Tampa, FL 33610 Telephone (813) 225-2000 Facsimile (813) 225-1001 93% Sulphuric Acid Typical Analysis 93.50% 1.8354 -290 F <0.02 PPM <0.01 PPM <0.01 PPM <0.4 PPM <0.02 PPM <0.25 PPM <0.2 PPM <0.05 PPM <5 PPM <15 PPM <0.2 PPM <0.15 PPM <0.001 PPM <0.15 PPM <5 PPM <0,01 PPM <0.05 PPM SULPHURIC ACID SPECIFICATIONS Actual Composite Sample Chemical Parameter 98% H,SO. Sulphuric Acid 98.82% Iron (Fe) 12.7 ppm Lead (Pb) 0.1 ppm Antimony (Sb) <1.0 ppm Copper (Cu) <0.25 ppm Zinc (Zn) <0.5 ppm Mercury (Hg) <0.001 ppm Arsenic (As) <0.05 ppm Selenium (Se) <0.05 ppm Platinum (Pt) <1.0 ppm Sulfur Dioxide (S02) 15.0 ppm Nitrates (N03) <5.0 ppm Chloride (CI) <0.2 ppm Barium (Ba) <0.5 ppm Cadmium (Cd) <0.1 ppm Chromium (Cr) <0.25 ppm Oxidizable Impurities, ml of 0.2 N KMnO./25ml acid 0.3 ml Total Organics <1.0 ppm NSF Certified Products - Public Water Supply Treatment Chemicals Page I of2 ~ - NSF ,,-I I NSF Product and Service Listings These Listings were Last Updated on Monday, October 23,2006 at 4:I5 AM Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Warning: NSF is concerned about fraudulent downloading and manipulation of web site text. If you have received this listing in hard copy, always confirm this certificationlJisting information by going directly to http://www.nsf.orglCertifiedlPwsChemicalslListings.alijl ? CompanyName=SuIp&ChemicaIName=SulfuriC+Acid&PlantState=F1orida+FL& for the latest most accurate information. NSF/ANSI STANDARD 60 Drinking Water Treatment Chemicals - Health Effects SULPHURIC ACID TRADING COMPANY, INe. (SATCO) 5802 BRECKENRIDGE PARKWAY SUITE 200 TAMPA, FL 33610 800-633-1358 813-225-2000 Facility: MULBERRY, FL Sulfuric Acid Trade Designation Sulphuric Acid Product Function Corrosion & Scale Control pH Adjustment Max Use 50mgIL Facility: TAMPA, FL Sulfuric Acid Trade Designation Sulphuric Acid Product Function Corrosion & Scale Control pH Adjustment Max Use 50mgIL http://www .nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Sulp&TradeN... 10/23/2006 NSF Certified Products - Public Water Supply Treatment Chemicals Page 2 of2 Number of matching Manufacturers is I Number of matching Products is 2 Processing time was 0 seconds 0 Search_Listings 0 News Room I 0 About NSF I 0 Careers I 0 NSF Mark I 0 Client Log-In o Privacy Policy o Site Map I o Request Info I o Contact Us I o Copyright <1;J 2004 NSF Intemational. http://www.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=SuIp&TradeN ... 10/23/2006 SA Teo Sulphuric Acid Trading Company, Inc. 5802 Breckenridge Parkway, Suite 200, Tampa, FL 33610 PH: 800-633-1358 FX: 813-225-1001 SULPHURIC ACID MSDS MATERIAL SAFETY DATA SHEET IN CASE OF EMERGENCY, CALL CHEMTREC@ 1-800-424-9300 -Revision Date: Januarv 16, 2006- I. PRODUCT IDENTIFICATION PROOUCT NAME - SULPHURIC ACID. Concentrated CHEMICAL FAMILY- Inorganic Acid CHEMICAL NAME - Sulfuric Acid SYNONYMS - 011 of Vitriol. Battery Acid CAS NO. - 7664-93-9 MOLECULAR WGT - 98 FORMULA - H,sO. DOT CLASS - Corrosive Material, UN 1830 II. COMPOSITION HAZAROOUS INGREOIENTS: Sulphuric Acid....................... .............................................. % CAS NO. 7664-93-9 93-98 OTHER INGREDIENTS: Water, approximate................,................. '........................... 2-7 7732-28-5 NOTE: Contains sulphuric acid. which Is subject to the reporting requirements of Section 313 of the Emergency Planning and Community Right- To- Know Act of 1986 and of 40 CFR Part 372. Ill. PHYSICAL DATA eOILlNG POINT - 535 to 586"F ~POR PRESSURE, mm Hg, 770F - Less than 1 _OLUBILITY IN WATER - Complete APPEARANCE AND ODOR - Clear, colorless, odorless oily liquid. SPECIFIC GRAVITY (H,D=1) - 1.84 PERCENTVOLATILE- Oat770F pH, 1 % SOLUTION - Approximately 1 IV. FIRE AND EXPLOSION HAZARD DATA FLASH POINT - Does not bum. FLAMMABLE LIMITS _ Not applicable REACTS with many metals to fonn flammable and explosive hydrogen gas. Reacts violently with water and many organic materials. Contact with water causes evolution of heat, and may cause spattering. Heat of a fire rould cause evoiution of sulphurlc acid mist or sulphur trioxide. USE water spray to cool sulphuric acid containers to prevent rupture. Firefighters and emergency personnel should use self-contained breathing apparallls and full acid-resistant clothing. V. REACTIVITY DATA STABILITY - Sulphurlc acid Is stable under nonnal conditions. HAZARDOUS POLYMERIZATION will not occur. INCOMPATIBILITY (Materials to avoid) - Reaction with many metals may cause evolution of flammable and explosive hydrogen gas. Contact with strong alkalis. strong oxidizers, or combustible materials may cause spattering of the acid and llberatioo of heat Contact with sul1ldes or cyanides may cause release of toxic gases. HAZARDOUS DECOMPOSITION PRODUCTS - At very high temperalllres may release sulphur dioxide or sulphur trioxide. VI. HEALTH HAZARD DATA OSHA Pennisslble Exposure Umlt and ACGIH TLV is a time-welghted-average of 1 mglm'. The ACGIH Short Tenn Exposure Limit (STEL) Is 3 mg/m'. Sulphuric acid is not considered to be a cancer-causing material by OSHA, NIOSH, or IARC. fWUTES OF ENTRY - Lungs (breathing), ingestion (swallowing), skin contact. EFFECTS OF OVEREXPOSURE: INGESTION: MODERATELY TOXIC. Corrosive to the mouth. teeth, throat and stomach. Human oral LDL0=135 mglkg, May cause gastrointestinal disturbances Symptoms may incJude salivation, Irritation, throat bums. nausea, abdominal pain, vomiting and diarrhea. SKIN: EXTREMELY IRRITATING AND CORROSIVE. Contact may cause reddening. Itching, Inflammation, blistering and tissue damage. Extent of bums may not become apparent for several hours after contact 'E: EXTREMELY IRRITATING AND CORROSIVE. Direct contact may cause conjunctivitis, corneal ulceration and permanent injury. INHALA nON: HIGHLY TOXIC. Mouse LC50=320 ppm/2 hrs. May cause respiratory tract Irritation. throat bums. constriction of the windpipe, severe pulmonary edema and death. May also cause Inflammation of the stomach, bronchitis, and tooth erosion, Exposure may cause symptoms similar to those listed under .'NGESTION". SPECIAL TOXIC EFFECTS: No Oata. Sulphuric Acid Page 2 Of 2 VII, FIRST AID INGESTION: DO NOT INDUCE VOMITING. If victim is conscious. give 1-3 glasses of water or milk to dilute stomach contents, Get Immediate medical attention. SKIN CONTACT: REMOVE contaminated clothing immediately and flush area of contactwtth copious water for at least 15 minutes. Wash area of contact thoroughly with soap and water. Place contaminated clothing in closed container for storage until discarded. Get immediate medical attention. EYE CONTACT: FLUSH immediately with large amounts of water for at least 15 minutes. Eyelids should be held away from the eyeball to ensure thorough rinsing. Do not walt for symptoms to develop. Get immediate medical attention. INHALATION: REMOVE affected person from source of exposure. If not breathing. Institute cardiopulmonary resuscilation (CPR). If breathing Is dlfficulL give oxygen. Keep affected person warm and at resl Get immediate medical attention. NOTE TO PHYSICIAN: If Inhalation exposure has occurred, patient should be observed for latent pulmonary edema for at least 30 hours. VIII. PERSONAl PROTECTION INFORMATION EYE PROTECTION: WEAR chemical safety goggles and face shield. Do not wear contact lenses when working with this substance. Have eye baths readily available where eye contact can occur. SKIN PROTECTION: WEAR impervious gloves and protective clothing to prevent skin contact PVC or neoprene gloves and clothing are recommended. Skin contact should be avoided at all times. Provide safety showers at locations where skin contact can occur. RESPIRATORY PROTECTION: USE NIOSH approved respirator when airborne exposure limits are exceeded and when required for non-routine and emergency use. Ventilation may be used to control or reduce airbome concentrations. IV. ENVIRONMENTAl INFORMATION EMERGENCY ACTION: Slay upwind of spills and keep out of low areas. Isolate hazard area and keep unnecessary people away, Also see Personal Protection lnfonnatlon section. SPILL OR RELEASE TO THE ENVIRONMENT: If your facility or operation has a "Hazardous Substance Contingency Plan", activate procedures as outlined. Caution should be exercised regarding personnel safety and exposure to the spilled material. 'Take immediate steps to stop and contain the spill. For technical advice and assislance related to chemicals. conlact CHEMTREC (BOO) 424-9300 and your local fire departmenl NOTIFICATION: The reportable quantity for this material is 1.000 pounds. Any spill or other release of this material to the air, water or land (unless entirely conlained to the workplace) equal to or In excess of the reportable quantity must be reported Immediately to the National Response Center (BOO) 424-8802 as required by U.S. Federat taw. Similariy. any release of a reportable quantity or greater of this material must also be reported Immediately to the Community Emergency Coordinafor for the Local Emergency Planning Committee and to the Slate Emergency Response Commission. Failure to properly report spillS or releases may result in civil and criminal penalties. SPILL OR LEAK PROCEDURE: 00 not apply water unless directed to do so. 00 not get water Inside container. Use water sprays to reduce vapors but do not put water on leak area. Do not touch spilled malerial. Stop leak only W It can be done without risk. Keep combustibles (wood, paper. 011. etc.) away from spilled material. Dike spill for later disposal. Clean.up only under supervision of an expert. Hydrated lime may be used to neutralize residue. WASTE DISPOSAL: Sulphuric acid, when discarded or disposed of. Is not specifically listed as a hazardous waste In Federal regulations. However, sulphuric acid and mixtures containing It having a pH of 2 or less are considered corrosive, and are assigned EPA Hazardous Waste Number 0002, (See 40 CFR 261.) AddftIonally. this material could be designated as hazardous according to slate regulations and/or could become a hazardous waste if it is mixed with or comes in conlact with a hazardous waste. If such conlact or mixing has occurred, check 40 CFR 261 and 262. 263 and 264 to determine what, If any, disposal requirements apply. The transportation, storage, treatment and disposal of waste material must be conducted in compliance with all applicable Federal, Slate and local regulallons. ADDITIONAL ENVIRONMENTAL REGULATORY INFORMATION: There may be specific regulations at the local, regional or state level that pertain to this material. HANDLING/STORAGE: Store In tightiy closed containers in cool, dry, isolated. well-ventilated area away from heat, sources of ignition and incompatibles, Do not eat. drink or smoke In areas of use or storage. Empty containers may contain toxic and corrosive residue or vapors. Do not cut, grind, drill, weld or reuse containers unless adequate precautions are taken. X. TRANSPORTATION REQUIREMENTS D.O.T. HAZAROCLASS (49 CFR 172.101): 8 D.O.T. PROPER SHIPPING NAME (49 CFR 172.101): Sulfuric Acid D.O.T. LABELS REQUIRED (49CFR 172.101): Corrosive BILL OF LADING DESCRIPTION: Sulfuric Acid. 8, UN 1830, PG II, RQ D.O.T. PLACARDS REQUIRED: Corrosive UN/NA CODE: UN 1830 The information, data, and recommendations contained herein are believed to be accurate. SulphuricAcid Trading Company, Inc. (SATCQ) makes no warranty of any kind whatever with respect thereto and disclaims all liability from reliance thereon. 00028 MSDS Sulphuric Acid Rev 1 Submit Bids To: Bid Title: Bid Number: Bid Received By: BIDDER ACKNOWLEDGEMENT PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Telephone: (561) 742-6322 "ANNUAL SUPPLY OF SULFURIC ACID" -:, 009-2821-07/JA OCTOBER 24, 2006, NO LA TER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: October 24, 2006, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: SHRIEVE CHEMICAL COMPANY 74~1994881 A Corporation of the State of: Area Code: (281) Area Code: (281) Mailing Address: City/State/Zip: Vendor Mailing Date: TEXAS 'Ii: ;. Telephone Number: 367-4226 FAX Number: 292-2014 1755 WOODSTEAD COURT THE WOODLANDS, TX 77380 10/23/06 ~~~L' Authorized Si ature TRACY SHRIEVE Name Typed 15 THIS PAGE TO BE SUBMITfED AWNG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 10/23/06 The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product called for. When submitting more than one bid proposal price for this product, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. Anticipated annual volume is 5,000.000 pounds per year. Product Brand: Sulfuric Acid - 98% Grade - Liquid Product Brand: Sulfuric Acid - 93% Grade - Liquid. The undersigned proposes to deliver the product in accordance with the specifications for the sum of: SULFURIC ACID $ 0.0349 , Unit Price Per Pound / 98% $ 0.0349 Unit Price Per Pound /93% ALL PRICES F.O.B. BOYNTON BEACH Unit price per pound shall be firm through the contract period. It is further agreed that the product will be delivered within ~ calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted --L..- 16 THIS PAGE TO BE SUBMlTfED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Specification "check-off' sheets (Pages 3-4) submitted 'I Yes/No Certificate of Compliance Enclosed 'I Yes/No Certified Analysis of Product Composition Enclosed l/No SHRIEVE CHEMICAL COMPANY COMPANY NAME ~i .~ ~A~ TRACY SHRIEVE PRINlED NAME ~) 367-4226 TELEPHONE NUMBER VP-ADMINISTRATION TITLE .~ 17 TIllS PAGE TO BE SUBMITfED AWNG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. ~~ NAME - S~TuRE By: Sworn and subscribed before me this 23RD day of OCTOBER ,2006 Printed Information: TRACY SHRIEVE NAME J' VP-ADMINISTRATION TITLE ~ O. 7--tAUtJ~ NOTARY PUBLIC, State of-FI9FiQa TEXAS at Large SHRIEVE CHEMICAL COMPANY COMPANY e AVIS A. FULLER IIOIMYllIUClTAlECFI8AI ~~ CO..IIIIO. EXPIRES: ~~~ FEBRUARY 19.2008 "OFFICIAL NOTARY SEAL" STAMP 18 THIS PAGE TO BE SUBMITfED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMA TION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. () AMERICAN INDIAN () ASIAN () BLACK () HISPANIC () WOMEN () OTHER IV/A (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? .1- YES NO L If YES. name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification 19 THIS PAGE TO BE SUBMITfED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMA TION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4) In the statement specified in subsection (I), notify the employee that, as a condition of working on the commodities or cOI1!Tactual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (S) days after such conviction. S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully _....bo~R_... ~ ~ Vendor's Signature 20 TillS PAGE TO BE SUBMITfED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this fo PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynto Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. , Failure to respond may result in deletion bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to d on your Bid #O09-2821-07/JA for "ANNUAL SUPPLY OF SULFURIC ACID" b ause of the following reasons: Specifications to "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient Ime to respond to the Invitation to Bid We do ot offer this product ol".an equivalent Ou roduct schedule would not permit us to perform nable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) 21 THIS PAGE TO BE SUBMfITED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Shrieve Chemical Company 1755 Woodstead Court The Woodlands, Texas 77380 (281) 367-4226 Fax: (281) 292-2014 AFFIDAVIT OF COMPLIANCE Shrieve Chemical Company guarantees the supply of sulfuric acid meets or exceeds all requirements for water and wastewater treatments to be performed by The City of Boynton Beach. Typical analysis with specifications for drinking water treatment standards has been provided with this Bid #009-2821-07/JA. As a representative of Shrieve Chemical Company: Ted Threadgill Printed Name of Agent _U~~ Signature of Agent .~~ SPECIFICA TIONS FOR ANNUAL SUPPLY OF SULFURIC ACID The City of Boynton Beach Utilities Department is seeking a firm price per pound for one (1) year for the purchase of Sulfuric Acid to be used at the West Water Treatment Plant, located at: 5469 W. Boynton Beach Boulevard, Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (pages 3-4) with the proposal sheet in order for a bid to be considered. For your own records, it is suggested that you make and keep a copy of the specifications. ~ Acceptable Standard: 98% Grade Sulfuric Acid ~ Acceptable Standard: 93% Grade Sulfuric Acid ~ Sulfuric Acid will be shipped as Liquid Sulfuric Acid ~ Delivery will be a twenty-three (23) ton minimum load (3,000 gallons) ~ Total Anticipated Annual Volume (not guaranteed) is 5,000,000 Ibs (350,000 gallons) --1L- The bidder must submit a certiqcate of compliance and a certified analysis, as to the composition of the produtt with the bid --..rL.- The successful bidder's shipper is responsible for matching our receiving tank equipment with the proper tank truck discharge system ~ The successful bidder must supply M.S.D.S. (Material Safety Data Sheets) on the product and conduct a one (1) hour safety seminar on site for staff who will handle this material -L The successful bidder will provide a representative to visit the plant a minimum of two (2) times per year to coordinate shipping, safety, unloading, and to inspect the results of the product on the feed system ~ The successful bidder will supply copies of the manufacturer's shipping and handling safety procedures 3 TIllS PAGE TO BE SUBMITrED AWNG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued. ' .. -LL- Deliveries will be between the business hours of7:00 A.M. and 3:00 P.M., Monday through Friday with the exception of Holidays. EO.B. Boynton Beach, Florida ~ The City's Laboratory may randomly sample product delivery and if material does not meet specification(s), the product will be rejected and may be returned to manufacturer at no cost to the City Of Boynton Beach ~ Sulfuric Acid (Liquid) 98% Grade Specifications, as specified in chart below ~ Sulfuric Acid (Liquid) 93% Grade Specifications, as specified in chart below SULFURIC ACID 98% GRADE AND 93% GRADE SPECIFIC GRAVITY @ 600 F FREEZING POINT ARSENIC (As) AMMONIA ANTIMONY (Bb) BARIUM (Ba) CADIUM (Cd) CHROMIUM (Cr) CHLORIDE 'it, COPPER (Cu);' HARDNESS AS CaC03 IRON (Fe) LEAD (Pb) MANGANESE (Mn) MERCURY (Hg) NICKEL (N!) NITRATEES SELENIUM (Se) SILVER (Ag) SPECIFICA nON 1.835 _290 F <0.02 PPM <O.OlPPM <0.5 PPM <0.4 PPM <.025 PPM <.33 PPM <0.2 PPM <0.07 PPM <5 PPM <18 PPM <0.2 PPM <0.2 PPM <0.002 PPM <0.18 PPM <5 PPM <0.01 PPM <0.05 PPM 4 TIllS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE --"'- 8813 HIGHWAY 41 SOUTH RIVERVIEW. FLORIDA 33569 , 93 % SULFURIC ACID TYPICAL AVERAGE PRODUCTION SPECIFICATIONS Sulfuric Acid (H2S04) Iron (Fe) Reducing Substances as S02 Nitrates as N03 Chlorides as CI Ammonium as NH/ Heavy M~tals as Pb Aluminum (AI) Antimony (Sb) Arsenic (As) Cadmium (Cd) Chromium (Cr) Copper (Cu) Lead (Pb) Manganese (Mn) Mercury (Hg) Nickel (Ni) Platinum (pt) Potassium (K) Selenium (Se) Zinc (Zn) Fixed Residue Organic Matter Color Turbidity (NTU) '-~: 93.0 - 94.5% < 20 ppm <20 ppm <10 ppm <5ppm <lppm < 1 ppm < 0.5 ppm < 0.5 ppm < 1.0 ppm < 0.5 ppm < 1 ppm < 0.5 ppm < 1 ppm < 0.5 ppm < 20 ppb < 0.5 ppm < 0.5 ppm <lppm < 0.5 ppm < 0.5 ppm 110 ppm < 10 ppm 30 <1 iSECTION I TRADE NAME: COMMON NAME: HMIS RATING: C.A.S. NUMBER: CHEMICAL FAMilY: SECTION 1/ FORMULA: COMPOSITION: SECTION 11/ CLASSIFICATION: EMERGENCY CONCERNS: PRECAUTIONARY MEASURE: OVEREXPOSURE CONDITIONS: ,_. I I I ll1t*ic. 8813 HIGHWAY 41 SOUTH RIVERVIEW, FLORIDA 33S69 EMERGENCY TELEPHONE - CHEMTREC 1-800-424-9300 MATERIAL SAFETY DATA SHEET Revised 11/10/03 PRODUCT INFORMATION Sulfuric Acid Oil of Vitriol Health Hazard-2 Fire Hazard-1 Reactivity Hazard-3 Specific Hazard-Use No Water 7664-93-9 Inorganic Acids INGREDIENTS H2S04 .~ Sulfuric Acid....... ,.....,.......,93,0 - 98.0% Water.,.... ,............................ ....7,0 - 2.0% HAZARD IDENTIFICATION Corrosive ID No, 1830 None Established Avoid breathing mist or vapors, The International Agency for Research for Cancer ("IARC") Monographs on the Evaluation of Carcinogen risk to Humans at 1 06 (Vol. 54, 1992) lists strong inorganic acid mists containing sulfuric acid as a suspected carcinogen, The National Toxicology Program ("NTP") lists strong inorganic acid mists containing sulfuric acid as a known carcinogen in the 9th Report on Carcinogens (9th RoC. May 15,2000). This applies to inorganic acid mists containing sulfuric acid and does not apply to sulfuric acid or sulfuric acid solutions, Avoid ingestion Avoid contact with eyes or skin Wash thoroughly after handling Use in adequate ventilation Acute: Contact with the body results in rapid destruction of tissue, causing severe bums, Mist or vapor also causes severe irr~ation to the lungs, nose and throat If swallowed, it can cause severe damage to throat and stomach, Chronic: Repeated contact with dilute solutions can cause dermatitis and prolonged exposure to vapor mist can cause and inflammation of the upper respiratory tract leading to chronic bronchitis. Erosion of the teeth may also occur upon exposure. Pre-existing respiratory diseases, including asthma and emphysema, skin disorders and eye problems may also be aggravated, SECTION IV FIRST AID MEASURES IMMEDIATE TREA TMENT: FIRST AID TREA TMENT: A NOTE TO PHYSICIAN: 'SECTION V FLASH POINT: FIRE FIGHTING HAZARDS: If in eyes: Immediately flush with plenty of water for at least 15 minutes. Get medical attention immediately, If on skin: Immediately flush with plenty of water. Remove contaminated clothing. Discard contaminated clothing properly If inhaled: Move to fresh air. Treat symptomatically, Get medical attention promptly. If ingested: Give large quantities of water to patient if conscious, Do Not induce vomiting. Seek medical attention as soon as possible, '" Same as above, Not applicable FIRE FIGHTING MEASURES APPROPRIATE EXTINGUISHING MEDIA: SPECIFIC PROTECTIVE EQUIPMENT: Not applicable .It is a strong oxidant and in contact with some organic materials may cause fires and explosions. Will react with water or steam. May generate hydrogen gas when in contact with some metals, Small fires: Water spray, dry chemical or CO 2, Large fires: Water spray, dry chemical or CO2, Wear self-contained breathing apparatus with full protective clothing. ,t '" iSECTION VI ACCIDENTAL RELEASE MEASURES CONTROLLING Small spills: Contain spill and stop leak if it can be done without risk. Use SPILLS: sand or noncombustible absorbent material to soak up material. Place in container and dispose of properly. Large spills: Use same procedure as above. Prevent discharge into waterways and sewers. Material may be neutralized with sodium carbonate or' a mixture of soda ash and slaked lime. Sulfuric acid and soda ash or lime reacts vigorously. Add slowly and be careful of spattering. Contact proper local. state. or federal rElgulatory agency (ies) to ascertain proper disposal techniques and procedures. PPE: Wear respiratory equipment to avoid breathing mist. Wear protective clothing, ,SECTION VII HANDLING AND STORAGE STORAGE CONDITIONS: HANDLING PROCtDURES: None established Avoid contact with eyes, skin, and clothing. Wash thoroughly after handling. Maintain proper hygiene practices when handling this product, EXPOSURE LIMITS: iSECTION VIII EXPOSURE CONTROLS I PPE OSHA Permissible Exposure Limits (PEL): 1 mg/m 3 PPE: ENGINEERING CONTROLS: ACGIH Threshold Limit Value (TL V): 1 mg/m 3 Respiratory Protection: Use full-face respirator, certified for acid, acid mist or vapor if TL V is exceeded, Skin Protection, Acid proof gloves, head gear, and clothing should be wom to prevent contact Eye Protection: Splash proof goggles and full-face shield should be worn at all times, Eye wash and shower stations should be available in areas where acid is being handled. SECTION IX PHYSICAL AND CHEMICAL PROPERTIES APPEARANCE/ODOR/ COLOR: BOILING POINT(OF): MELTING POINT (OF): VAPOR PRESSURE (mmHg): SPECIFIC GRAVITY (H20 = 1): % VOLA TILE BY VOLUME: VAPOR DENSITY: SOLUBILITY IN WATER: EVAPORATION RATE (BUTYL ACETATE = 1): MOLECULAR WEIGHT: PHYSICAL STATE: DENSITY - BULK: pH: SECTION X Colorless, oily and odorless liquid, 530 50,6 ,001 1.83 - 1,84 Not applicable 3.4 Complete Notapplicable 98.08 Liquid 15,3Ibs.lgal- 15.4 Ibs/gal (@600F) (1% Normal SoL) 0,3 '. STABILITY AND REACTIVITY STABILITY: HAZARDOUS POLYMERIZA TlON: CONDITIONS AND MATERIALS TO AVOID: Stable Will not occur Avoid contact with metals that will produce hydrogen, a flammable and explosive gas, Avoid contact with combustible materials, water, bases. organic materials. nitrates, carbides. chlorates, cyanides, metallic sulfides, other acids, halogens, and metals. Toxic fumes of sulfur. Will react with water or steam to produce toxic and corrosive fumes. HAZARDOUS DECOMPOSITION PRODUCTS: :SECTION XI TOXICOLOGY INFORMATION Mammalian: Oral LD50: 2,140 -> 5,000 mg/kg Inhalation LCjo (rat, guinea pig): 18 - 420 mg/m'. found to be toxic by oral exposure as defined by OSHA as defined by OSHA SECTION XII ECOLOGICAL INFORMATION PRODUCT TOXICOLOGICAL DATA: Not Highly toxic by inhalation ECOTOXICOLOGY: Aquatic: Fish 96 hour LCso: 42-500 mg/L Algae: 10mg/L Daphnia 24 hour ECso: 29-88 mg/L Slightly toxic to aquatic organisms as defined by USEPA, 'SECTION XIII DISPOSAL CONSIDERATIONS WASTE DISPOSAL CONSIDERATIONS 'SECTION XIV TRANSPORT INFORMATION SHIPPING NAME: HAZARD CLASS: D.O.T. NUMBER: :SECTION XV REPORTABLE QUANTITIES: HAZ WASTE NO: EPA REGISTER NO: Sulfuric Acid Class 8 (corrosive) UN1830 REGULA TORY INFORMATION IOOOlbs , None established None established SECTION XVI OTHER INFORMATION NONE LISTED REFERENCES: Sax and Lewis, Dangerous Propetti8s oflndus/ria/ Materia/& seventh edition, Van Nostrand Reinhold Co" N.Y., 1989. DISCLAIMER: The information and recommendations herein are taken from data contained in independent. industry recognized references, including NJOSH, OSHA, ANSI, and NFPA Cargill Fertilizer makes no guarantee, warranty, or other representation concerning this substance because the concUtions of its use are beyond the control of Cargill FertRizer. C::_~~9i_"_F~r:til~_~rdj~~imfS~Jlyl!~I>i.I~_~rl~s ()r,d"'_rl'I_CJgei~C::lJ_rrec:fin c::()n~i()n~ith.t.~E! u~_E!_or lllisu_~of.thi~,~lJb~t2:lrl~' _......_.__m___......_..___n__._......____._...u..._____.-.......__..___n_u.........m__._..........m..__m.....__._m__._n---..nn.--.-;J--.n..-.m-._....._m.__.. .. _ _ _ _._ _ _ _0' _ _ "m .' 'Qr , (- , CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.3. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meetin!! Dates in to City Oerk's Office IZI December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16. 2007 January 2. 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January] 6, 2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) NATURE OF AGENDA ITEM o o Administrative IZI Consent Agenda o Code Compliance & Legal Settlements o Legal Unfinished Business ,.., n=t =i-< -<40 ('~') .." 'Q] "'0 :t)-< ::>:::z: ~ <Ii...,. -. Q f\) ~:z: RECOMMENDATION: Motion to approve a piggyback with Charles S, Whiteside, Inc. in the amount of$41l.i42~r construction of the Southeast Neighborhood Park based on a contract with Palm Beach County "Annual Pathw","""dii~r Construction Contract, Project No, 2007052. " :x: AnnouncementslPresentations o o o o o City Manager's Report New Business c::> CT\ ~ <: f\) Public Hearing EXPLANATION: As part of the FY 06-07 Capital Improvement Program CIP), the City plans to construct the Southeast Neighborhood Park. This park is located on S. E. 2"' St. and used to be a mango farm. The mango farm owner approached the City with the offer to sell the City one half of the farm, or 2.3 acres. 'The property was purchased and the design was developed through a series of meetings with the surrounding neighbors, The park will consist of a picnic shelter, picnic areas, a junior basketball court, a full size basketball court, play equipment, walking trail, small parking area, landscaping and irrigation, Charles S. Whiteside, Inc, will provide construction services for the park with the exception of the picnic shelter, tables, benches, play equipment, underground utilities and landscaping. A copy of the site plan and location map are attached. PROGRAM IMPACT: The park will not require programmatic staff. Existing park staff will maintain the park so that the cost of maintenance will be minimal. The development will be an enhancement for the surrounding neighborhood which currently has no access to a neighborhood park, FISCAL IMPACT: The CIP includes funding in the amount of$680,ooO for development of the park in account number 302-4298-580-63-05, The cost of the work to be perfonned by Charles S. Whiteside, Inc. is $418,442.50, AL TERNA TIVES: Not to Department Name Recreation and Parks S:IBULLETJN\FORMSIAGENDA ITEM REQUEST FORM,DOC llIL~/~~~~ ~(;O~ OO.l~'+I.lj~Jl vnHKL~~ ~ Wn.lI~0~U~ r'M\.;l(;' '.Jl CHARLES S. WHITESIDE, INC. ~~~"':':'~-""---=-~:'!,=:'~.;.';:" Gnding, Storm Droinli< 6l P"ring 250 Truck & Trailer Way, West Palm Beach, Fl. 33413 -> Telephone 471-7696 . 471.7699 -:- Fax: 561 471-9351 FACSIMILE COVER LETTER PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: j06u ~ IVe.rs \ n FIRM: C! \~ 01= CtlY"Tt>>l. 'B......,. H- FAX NUMBER: 51..\ "I~-::l../,,~~~ FROM: JI)"~ ~ve;ltE.if WE ARE TRANSMITTING IF TRANSMISSION IS NOT PLEASE CALL: ~ PAGES (INCLUDING THIS COVER LETTER) COMPLETE OR THERE ARE ANY OTHER PROBLEMS, OPERATOR I S NAME Qnc.l:ST TELEPHONE # FAX # (561) 471-7696 (5&1) 47l-9351 COM.MENTS_""KrVI~'" ~sa"-: ~E'''-''MR''''''''n ../>-.u.. DATE: II. .l1n. bLD TIME:~Ei:;l.AA.4 , 'LOt Lt.:.!OC:' 0(;:11:) ::IO.L-'" !J.'::I-:'Ol '-'n.....r<;:Lc.:::. .::;. wn.J. 1~.;:'.'.J.'c. Page No. I ;'-""',,;,\"\- proposal 01 ;;).. Pago. ~') 'I I i = . I 6.0 Each .. ..:_.IVh,.."~..~!="P ~...... .JI::c.k0 . ..,., ... ..... ..... .. ..j!..... .?~,.O'Q"... ......15.0.. QO,(' I . F.. n......' "", ...~.... : Traffic Markings (Paint) J-J Aj """"",".. .... .. .." I I 448.0 S.Il. @ 15.00 6,720.00 / Dr 'rllJ/lISt her.by to lurnish material and lab", - complate in aocordanee with above speoifieatlons, for the sum of: : dolors ($ ). il Paymonl to be mooe as ioflowe: . 'II tTlat&rlllt t$ Q\I;a"",eed 10 tll! '" ~. AU worIo; ~ tMr complell'ld in a workmanllkn AUtl'lO,i::il:ed !Nnn9l' m:oordna 14 $t,andaro prlilclb:l$. M'j Blterlillloh or devietiOll "om Illbo~ SPkit\c3ilo'lS , lI'l\lMoil'lg 8Xft1' e~ .....i1t be !lJlK4.Jtcld only upon wrIt1o."1 ~rder.. and Will bflCClme tin [lxtra Signatul'Q I W'1t over and abooY4I fll. ntIm.,.. All <r9rVtmBntl OOODl'9Jn1 lIPOn ~ ."llX~ Note: lhi3 !)rOposel may be Or dI3I<cys bsyond our Ct)r'l1rol Owner 10 c:tury fife. lorn,do and OIh.r nllCBH'~' 1\$1,l11l"'tClt'. dayo. ,,!. ~ Our wori(llJr.!I are luly C0\i8l'OCl by Workrren's CotI'lpenaallon Ir,!,;IiI'MC'. withdrawn bv U8 If not accaptad WIthIn '" 1 I, 10'- 1 Ilax: 742-6233 i ~I ".~;~o.;~;"~:;:~fI~U~:;:~;~;;:: ..dig "'''.. ... ....... ......@c...J HS.~P . $2J~250'PO",~Ji ~~,lOO.O C.Y. Embankment!!.(:L @ 9.0027~.9.?O..~.~~<..",1 "815~os;Y;6;"B;';:$"" .....- @ 12.00 9,780.00/" I '7-~3,.O"'h y,- . 4'LSlde.....lk'" 4fJ.:'.2", ......" '" .'@"....4z~OO 31, '6'2t;-;'00;7" . l-~~'~:;: ..~: :::: .!11.,....@.12'OO",... ...1~:~~~:~~";1' II' 'J6C:O'-S;Y;':-'''S"Base-''''. .....-IFf : ~::~~....5;.054:00...7'--..1 ' "".98~ 5, T~ll8 . ."""'M1'!le""A8~hal't. .1J;.W., , ..... "'''. '@''''l'1'5.'oO''''--'''U.'J27';S'O'''''/''-'''j .1; .;~:;~;:-' .::~~;;"""" ~t ..-: ..;::::. '1':'6~-"8;O~OOO"'''0;Ooi:~..:1 "'400:65;'1';' : ...4'~'Con"iei:e"'" .'.jfii;......... @."2:'00' ,,1 'TypltC'inle-e',. ..... --JbiIO--.... ........"......,...'@...4-;5tlO.;OO,.'. ......."'"4,'5oo;oO...........!1 ~;::..~~~:t._, ,t:,~Lq.,.. ..:~ Jo;~:~~..J.s~~~~~~~~,. i .,. f'i"'Fr;j;nchDra'in' ... ..... ....;tj liff ......."'.,. @. 125':00 ' "'.'-'10;000:00"'" .. .----1 . <EQ;6''''fh'ehainr:.ink'Fe-n"...~le,:k__. '~''''2'00'' "''"7f,37S;Il0',.,'--.--.JI I Jody Rivers 1 j:loqopOSAl. SUBt.tIITIOl;J TO I City of Boynton B~ach ST",,'" I, 100 E. Boynton :Beach Boulevard I CrTV.SlATEllndZIPCODE Boyncon Beach, Fl. 33425 . A.f\OHITECT ! O^T' o~ ~Lt.NS CHARLES S. WHITESIDE, INC. 250 TRUCK & TRAILER WAY WEST PALM BEACH. FLORIDA 33413-1605 (511) 471-71195 471-7699 Fax: 471.9351 F'HONE 561 742-6226 ID~:vember 17, 2006 JOB '\IAt>4e S.E. Nei borhood Park JOe LOCl\TtQN Boy~tDn Beach, Fl. 1/........... ;.~;:.~;: ..., 16.0 L.F. . .---SO :c F':'" ,l",hIH~.O"'J,.,F,,, -.. DatA of Aoceptani;~: SignBture ___ '\-.- 1 ~ j;:P' Attrpfantt of 'ropollul- The above price., .oecitieatio", I and conditions t'lrl! MtisfaCtory !nd ill,. hereby 21ccepted. 'lbu are i)utl'loriT.~d SIgnature ' m do the wOl"k as $pecified. Payment will be made: liS ouUned abow ..fI!iifiL. T.~ lr~ I' I I Jody Rivars I' PROPOSAl. SUBMITTED TO CHi' of Bo ton , STAI:ET too E. lloynton CITY, STATe MdZlI" CODe I~]lnton Jlea<:h, I ARCJ.tl'Tecrr I CHARL[~-; 'roposal ~~ G,iHl E=-'-'=;U1t. page No. i--'Ab~ i~1 ~J i 1; ~~'2}/ 200b O!:8U 8'01 ~4 il ':f351 z Of 2 Peg., - .. ...., ~, CHARLES S. WHITESIDE, INC. 250 TRUCK & TRAILER WAY WEST PALM BEACH, FlORIDA 33413.1605 (561) 471,7696 471.7699 Fe.: 471-9351 Beach 1 PHONj; -~._-_. , 561 742-6226 : D_~TE I No\'ember 17, 2006 __u.__~ j ,------.J I 1 I , JOe NA~ Ilea<:h lloulevard S. E. Nieghborhood Park JOB lOCAT:OI-J Fl. 33425 1 DATE OF PUNS I Boynton B~ach,. 111~: 742-6233 Fl./ ! ,lOB PHONE' I W. hAroby !lubm~ (tpeelll~lfonl!l and P!dlm"tC! for; i;0.1.3;'.... ..1:l1"I'Jllol'laotj,c ~..,r.ki.t>g.~... .k~/\. Irrigation System .j 1+1, Pro:Y1d~.HDDk;;pfDr .Irr:Cgaiion"",./J'/{;O "">I;djustvalve"boxes .... ;F-'(pt;;. -*:iJ 1,500.00 ..,~~.,Q"~,~, 3,520.0 L.F. ~~~.._~_~_y_~_~,~_...,,_." h_' @ $ @ @ @ @ ~Q.Qo 25.00 ....t },180.Po ./ 88.000.00 / 1,500.00 , ..90f) ,00 ./ .. ~~~h6QQ~Qg.< ,I II " I I ",.1 II I :\ i ".'.h(},Eaob, 60.0 L.F. 3QI};OO. ?O.QO , i ,p~~~~~~,~~g. NOTES Above prici~ ..in. ".""o:rdauce ~l:~..1'...lm Jleach~"l1n,t}' Contract No. Picnic shelter, play structures, picnic tables-Not Included. Lanasc"apl"iiij ;..periiiItB "ari,l"l'iiiiiiIE Cosi:s':'Not" inc il.iCiiid. I',x:im..."yEl"c,tr;icEll"_~i~..s-N"~,-:tne'luded,,., """. S.i.l:eLi8.~t~?,,'l:l-I"l: Il1"ll1d~d.., Rubber Surfacing-Not Included. I Add 2", IfB6n<l requIreii;" I I. II Ii 2007052. II pj' i .1' I IIIr 'UP-Olt hereby tc furnish material and labor - complete in accordance with above specifical/on., for the sum of: Four Hundred Eighteen Thousand Pour Hundred FOrty Two and 50/100 dollllt$($ 418,442.50 ). Payment tel be made M iOIlows: , Ii I PI I I, -~j ...-J/ ~ 11 All materl8l i$ /;l~"nwod to bfil. u speclft.d All wol'll: to be oompleted ~ 1,1 wl)l'kl'f\~lke menner Bccordlng 10 Jtand:ltd craeticeJ.. Any aher.ton Qr dcMBIion from above ~on~ irNcl'llng et:.ra em MI ". ~:tltCut.d only upon wralon Orde19. and wll becOl'l'lI'l ., l}~tl'l't ehArge OWlf BrIel aI:IClVe ~ l!I~\im~e, All agreemenm conltn.~_ upon 5trlkes, aockl8nl!: I :)r' d~ ~yornf our control. OwmIr to t>ilrry IIN, 1oo18DD ,lJnd O1Mr M':lE81BfY Immrtnm I Our w~ oW fully COYllroo by WO'~rn;m'.. Cotrrpeneatlon In>>tt~ ~ - (( "rrtplanrt of 'ropollal - The alxM! ,nc,., 500em'"tlons I( i:l~d conditions arc $~tl~fOlctC'lry i}no are hereby accepted 'rbu are authorized l:to do ttle .....rorl( as 3Cl~c::ifi@d PllIY1Tifmt Will be nl!lde as outlined .'lbove Dal~ of Acceptance ~ Autborizec Signa",. John Everett Note: Th~ Pf'OPOM.! may be wl!l:'Idrawn b~i U'lI if not accept,d within ___. Si(jne,ture Signll.fure " .__.~-~.// ..t!iii!iiJ To_ 11!2~!2BB5 10:35 551-471 g351 CHARLES S WH1 rESIDE t-'Atlt. t::.Il CHARLES S. WHITESIDE, INC. "'~~,,::"~---""""'~:-;":~'.'. Gndinf. $'orm Dr';"'" 8l Pilling 250 Truck & Trailer Way, West Palm Baach, Fl. 33413 -,- TelephODe .71-7696 . 471-7699 -:. Fri: 561 471-9351 FACSIMILE COVER LETTER PLEASE DELIVER THE FOLLOWING PAGES TO. NAME. j~ ""R\V~ F.IRM~ 0 ny 0,. e~JoITr.N -:R.:o..v U FAX.NllM!lER~..!1l-\a-l..a.3'3 FROM: () V'I L t. E'1t'"' WE ARE TRANSMITTtNG~PAGES (INCLUDING THIS COVER LETTER) IF TRANSMISSION IS NOT COMPLETE OR THERE ARE ANY OTHER PROBLEMS, PLEASE CALL: 'OPERATOR'S NAME TELEPHONE j/ FAX j/ (561) 471-7696 (561) 471-9351 COMMENTS_Kcr.: (:\innual.- ~WAt ~ M,NOR Q0AJ5T. (lnrrrRac:., -pee. ~Pr.r 1\10. a.D()I1D6~ DATE: ---.11. ",0. /1)1o TIME: ID'. 4-0 A.. M . , l~tLUiLU~~ 11:~~ o~en'of~~n~ and Public WeD!! Fa Box. :l\229 West Palm 8f'aeh, fI, 33416-1229 (561) 684-4000 ww'f'l!.pbcgO"J.com . 'Paint ...ch County _ of ""0"" COmMiasiMIerA Addie L. Greene. Vice Chairperson 'l{.aren T. Matc'!s jeff Koons \\fatten H. New~U M9ty MeCarty BurtA.a.n:mS(.n COllttt;y Adlnlnilllit:nUOf R.obert WeiStt\afl '/In F.q'If.tf r;ppnrt1Mity IlJr'nl'1ahv~ .Action F:m,.!toy~r. ~ nr/..fNi ".n fW:~d"~"o' ~ol-<.j {l ~.::i::tl t.-,HH~LL=' _, V~M1IC,j.LL)r:. r....<J,~ November 7,2006 Charles S. Whiteside, Inc. 250 True!< and Trailer Way West Palm Beach, FL 33413-1605 ATTN: Mr. John M, Everett, President RE: NOTICE OF INTENT TO AWARD ANNUAL PATHWAY&. MINOR CONSTRUCTION CONTRACT PALM BEACH COUNTY PROJECT' NO. 2001052 Dear Mr. Everett You are hereby advised that you are the apparent lowest responsive, responsible bidder for the construction of Annual Pathway & Minor ConstrJction Contract, Palm Beach County, Florida, resulting from a bid of $5,917,850, submitted by you to the Board of County Commissioners on August 22, 2006, Please be further advised that this notice of intent to award in no way obligates the. County and, until approved by the Board of County Commissioners through fom1al resolution, this intent shall not be binding nor create any legal remedies on behalf of your comp-any. Also, in accordance with page "A" of the specification, the Contractor shall perform, with his own organization, a minimum of 50% of the total contract amount, less spedalty work. Specialty work is further outline in Section 8-1.2 of the FDOT Standard Specifications for Road and Bridge Construction. Attached are two copies of the Contract Documents for your execution. Each contains a Contract and Contract Bond which should not be removed !'rom the folders- Execute both copies of the Contract and Contract Bond making sure all blanks and signatures are filled in. )j! . * * * * * * * * * * * * * * ** * ~ * * * * * * * :f; * * ** * * *:If * YOU ARE TO SUBMIT THE CERTIFICATE OF INSURANCe FORM IN ACCORDANCE WITH FORM Cl-t, INCLUDING, THEREON POUCY NUMBERS, EXPIRATION DATES AND A THIRTY (30) DAY CANCELLATION NOTICE. **********.************.******* *****~ upon completion, return both copies to the Engineering SerVices DIVision for final execution by the Baird of County CommiSSIoners. ~~- OIfI'ering S"1l:e COnditIonS Zoning/CDdeIOfdlnance OIanges EITI!I'SIOmlssions/ln Design CHANGE ORDER _ Quantity QvemmslUndemJns ~ RequeSt By Another Agency/OUtsIde Party _ Reimbursable Non-Reimbursabfe _ Other' PROJECT! Annual ~ and MinD!' ,.~ CHANGE ORDER NO: 6 lDUNTY PROJECT NO: 2006052 CONTAACT DATE: NlM!rnber 1. 2005 RESOLUTION NO: R-2005-2146 DlSTlUCT: rnllnNwlde TO: Dt...... S. Whll ....... In~ (CONTRACTOR) You !Ire dil"ected to make tI1e foI1owll'l9 changes in this Contract: EXTEND ANNUAL PATHWAY AND MINOR CONSTRUCTION CONTRACT FOR 1WO (2) CALENDAR MONTHS, BI!:G1NNING NOVEMBER 1,2006 THROUGH.1ANUAAY 1, '2I1Jl. INCREASE OVERALL AlJ'nIDIU2ED CON11W:T AMOUNT OF $5.429.361.50 f!( $-10,000.00 AS REQUESTEO BY PARKS AND RECREATION DEPARTMENT PER EMAlL DATED 10125/06 (ATTACHED). ===============:=-~:==~.~~=~======.=~.====~==~ Ortgil\al Corrt:ract &.dn...u..~............u",,,,,'''''.'''''.''"'"ln..................... ........ $ 5.1,)O.{)()().OO Net change by previous COntract Change Orders...................................... $ 309_~1.50 COI1tract: StJm prior to ttis OlarJge Order......................"............................. $ 5.429.~1.50 COnt\'lI(;tSum wiD be I/)CrUSed by lhIs OIange order,............................... $. <<l.000.00 Contnltt Naw SUm Including this Qwlnge Order will be.............................. $ 5.469.361.50 Contract 11Ine will be changed by ..6L Days Days for Completion as of the date of this OIange Order tllerefore Is: Januarv 1. 2001 == 1% = = == := D s: ::: = = :0:: = = =: ,. . . = ::I = ~ :2 = =::: == = ;e ~ = ;;; ~ a :I; = = · =: = == ~ = =:;:::==== Charles S. WhIleslde. Inc. (Collbad:or) PBC Rnllrri of c.ountv Commissioners (Owner) P.O. - ~1229 sr: BY: TInE: , PresIdent /4 ;.:r/~ I I l~"---.__.,;-'_.'"--- ".'-'''---- . I.PPRCIJEO 51' THi'. ~ME: CONTRACT REV!EW COMMiTTEE: ____..___,__"_.___.._...~...~_.nn.e: Cu.,bm.! Re\'Iew Committee E: John M. E\Illrett DATE: DATE: I J/ /1 r/b PALM BEACH COUNTY ENGINEERING AND PUBUC.WORJ(S ",___~~EX1IHDalIIl1lACT_ ~~'LU'LVV~ ~L.~~ -,UJ.. ... (..I. ..J-'~'~ ,_" 'H.....L..-L._.' ~, 'O" ,... 'L...J~"...''--- Notice of Intent to Award Palm Beach County Project No. 2007052- November 7, 2006 Page 2. Your attention is directed to the provision whereby your proposal guarllnty may be forfeited in the event the COntract and Contract Bond are not executed, returned and received by Palm Beach County within fourteen (14) consecutive working days. Sincerely, ~/L, MarkA. Sinkhorn, P.E. Engineering Services Division MAS:vhj Enclosure: 2. COpies of COntract Documents cc: George T. Webb, P.E., County Engineer Tanya N. McConnel!, P.E., Deputy COunty Engineer Charles W. Rich, P.E., Director, Engineering Services Richard Farquhar, Director, Administrative Services Division Ellis Ross, Director, Construction Coo'dinatlon DMsion Marlene Everitt, Esq., Assistant County Attorney Kathleen M. Scarlett, Director, Purchasing Department F:\ENG_SE~\2007052.p"t\'IwaY\lNT 'LT~" WhlteSlde.doc 11!2~!2~~6 ~1:21 551--471g351 CHARLE~ S WH11~SlU~ I-'A/::il:.. t:lo PROPOSAL FORM CHARLES S. WHITESIDE. INC. (COMPANY NAME) 250 TRUCK ANQ }lWLER WAY WEST PALM BEACH, Fl (COMPANY ADDRESS) 33413-1605 ZIP CODE 561/471-7696 PHONE NUMBER 561/471--9351 FACSIMILE NUMBER 59-1968075 Federal Tax 10# DATE SUBMITTED: AUGUST 22. 2006. FOR THE CONSTRUCTION OF: ANNUAL PATHWAY & MINOR CONSTRUCTION CONTRACT PALM BEACH COUNTY PROJECr NO. 2007052 TO: ll1E BOARD OF COUNn' COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA: We, the undersigned, hereby declare that no person or persons, firm or corporation. other than the undersigned, are interested In this proposal as principals, and that this proposal is made without collusion with any person, firm, or corporation, and we have carefully and to our full satlsfactlon examined the Contract Documents, and that we have made a full examination of the location ofthe proposed work and the source of supply of materials, and we hereby agree to furnish and pay for all necessary labor, equipment, materials and servIces, fully understanding that the quantities shown herein are approximate only and that we will fully complete all necessary work in accordance with the Contract Documents and the requirements under them of the Engineer, within the time limit specified in this proposal for the following unit prices, to wit: P-l 11!2J!20B~ 11:21 5bl '-4719351 CHARL.ES S L'JHITESI DE PROJECT NAME: ANNUAL PATHWAY AND MINOR CONSTRUCTION CONTRACT PROJECT NUMBER, 2001052 PROPOSAL ITEM ALL ITEM PR I L RING & GRUBBING 2 MP OV~ 3 Ii OVAl. 4 ITREE CA 5 M"II. R S R!EM 7 Ri 8 ~S51 ASPH~ T (FULL OEPl HI , I """()l\ LESS I I.LIN(f\ (!lEi NOTESI , lC ~ ~ 13 14 1 AT K p rrt.BIL rlON C ^ -- PI:. 17 '" 8 ~ -; 8 :-:! , '" ~ ii 25 4 Z!I c rc p p,t; .110 'AY 4" 31 :i2 3 C, 34 CONe 'l' T T T T 8E 1\ N ~ C :l8 ~9 e4 4 OR CJRMTEP. . SS--wroR GR R c FACE Ii 8 I iAC .51 . ~KCO'" N ) T OK CO... VAl. 8) iT B R "Iii" UTI : 'T'I'I'E " 2'" OVAl. U rYPii " c (l 1ST! 14" 6" AY AY F U i 48 P [1;40 49 1 CP 5< lrRCP 5' 24" 5 f5"S 53 18"S 54 wac ~ GU n. 56G L ANC Ii S EN HO E CJ~nAN 59 D I.END^" 0 DARDI G STALU!'1lI BL Y l'E~MEL nCOMPl..ETE\ LY T 2COO sLY Pi -350 E ["(TYpe P.2 QUANTIT't UNITS UNIT PRICE or 100 AC 100 !'A 200 EA 100 1.000 EA 9,000 BY 3.000 f>Y 9,000 CY 7,000 CY 5,000 SY 551000 SY 3,000 SY ~ ~~ 9 000 BY ~ ~~ ~ TN 21l5OO TN .=l l!!!V ~ F ',000 F 11,000 BY.... 1,600 ,... ~ ~ ~* ~LI' 21000 LF I ~F ~ :KJO 50 i i 2 ill 20 1 15 2S S17!5.00 S1n. S10G; $10 . ~ i5it- .1. 1t.00 8a.7 112. '1 $1 .11 $1 '0 ;001 ..00 1 .8 111. '1 A ,1 F 1 LI' LI' n. LF L '- .... .1llI1 $ .00 8,80. Cl.. I.. Ii TI OC~INCL. PRIME COAT) aPE 114"f ~(..i OR s . ~;fof 11 L. ",'11112'")11' .6"S EA PACi!-:- TOTAL S1~~ $17.500.00 '130,110O.00 $10.0llOJlO "'~l;i S1Z~ 176 813 $ . ,00 ,00 BlllI.O ,710.0 ,10 50. 110. 1 .GO 7, 17 .0 $1 .00 o .u . .00 7 .00 00 131 1llI .GO 10 S1 ... .DO $ .11II S 100 1 .lID S11 $ 1 00. 1llI SZI 0 $31.500.00 PUIOOW S1"7&'~ ll/~~iLU~b 11:Ll !Jbl-q. ; 1 'j::l~l t....:HAHLt.~ ~ WHl I t::=,lLJt.. !,",,!-j'.:Il:.. tJf PROJIC'r NAME: "'NNUAL PAnlWAY AND MINOR CONSTRUC110N CONTRACT PROJECT NUMBER: 2007052 PROPOSAL L G) SE NOTES JoY 0"' 25 1 E" L IlAII ... . Oenotas corrICled figure P.3 11/20/2806 11:21 551-471 9351 I~HARLES ,- ~\)HITES':'DF PRoJ~CT NAME: ANNUAL PATHWA)' AND IWNOR CONSTRUCTION CONTRACT PROJ&c:1' NUMBER: 20070/12 PROPOSAL ITeM i-I6 ER 7 101 CY RES YR CYR ION II TE RiT 4" C S" 6 6' ~ PI 87 P 9 N cc C eu Eli 97 98 CR c c 101 Ie 102 103 104 o LET INL I INL I 81 107 C 109 IN 11 eH 11Tl?!URB if~ it~ -,' eu To C 117 118 11 1 121 1 CONTlNlIEIlCY 1Tl!TiB . LESS THAN e HOU~ ,8H .HOU .2oIH 72 TION G W "y. 10 .10 S WAY A - AY A - HAND CO OF 'OF PUM MAc I ARA "l"I'IIEI1 MATOR "'Yl'l< III /IN< V IIiN '11'4. RAF RCU 1\1. MOUN 101 iG 81 BMOVI\I. F 2 I1'tlOT I 3 FOOT I ''T""E4 F D "T'lPi 5 '1lOI' TAND liT D DI LE I\I.L 1 ST TST lIT ST TST S T IT 'Li L'" :t,F N e D .- D , :-c- , P Ref' 2'R II'R 15' trco Tit 2" -ffi" 12 . 30 4 131 132 1 I 4 41l" T3511 cc eMP I TEMI T iNO :TION 110N CT ER E I 8i RiD ECll ED END sec ION MAN OLE E. 35SY !WI R : ITE!!:!E1I5 IEI.GRATE "E: m .laMl5 P-4 :Jf'/;:;':_ QUAHTIr< UNITS UNIT PRICE TOTAL -C' 4 5 12 10 1 --......;; 1 1 5 5 :i: 100 100 '--=i ,00 2IJO lOll tlJ) ,Ill ..~_....- 2 2 2 2 2 2 --,- 2 \0 10 6 2 2 2 ? 2 2 Z 2 5 80 80 __, 4C 4C -~ 2 2 2 2 2 z RIl' 80 .0 40 2 EA EA lEA HR v y' Y 001 .00 1,ooa. 117. 1 r ;A " 110 ~ SY ff( 1I' LF lr LF lEA lOA EA lEA Ell 110 518.00 sua ..- 4."'-- .10 ICIO. 2110. 1141 EA EA lOA lOA EA L L L LF I!A , $1 EA EA EA iA Ell EA 5110 18.110O 51 8 .III .08 7110 1GO.OO 510 F LF EA '1 1171 ,01 SI,SVQ,uol S 10,000.00 $12,000 _ $12.0 $1 " .01 1, 114~ .. .. o $1, 00 00 sa 00 00 .--.... 00 $I 00 $ .00 .00 . $ . I $1 ....4'.... .00 .1 000. &11. " $13 .10 $:10 .GO , .00 o . 0.10 IMIG. o .0 8 .00 7 .00 OIl 110 $1 .00 1.00 . S3~~ _J..1/St?/LtltJb 11::':::1 8b.i -/.t {l ~,j:tl '-,HHr<-Lt..~ ~, ,VH11 t.:::O.LL't:. ,,...,\:1[:. tJ:J PROJeCT MAllIE: AIl"'UAL PATHWAY AIlD MIIlOR CONSTRUCTION CONTRACT PROJECT IIUMSER: 2007082 PROPOSAL 2 100 Y 2 Cy 80 l 80 LF eo l eo N'T 1 150 5 , EA Z EA 100 l 200 F 1, 0 L ........ . Denatu con_ligule P-5 iJ.1 LiJl L<:JtJb .L.l;":J. ::)bJ.-q i J. ':I,;:I::)J. ~-,HHKLt-:) ::;. WM.i I t'_Jl.J,}C_ ,<~"2'::_ PROJECT NAME, IoNNUAL. PATHWAY AND MINOR CONSTRUCTION CONTRACT PROJECT HUMBER: 20070$2 PROPOS"L QUANTITY UNITS UNIT PRICE TOTAL ITEM NOTES: 1, m::M i . See Ciea;rlng and GrubbinQSl'6dfk::BtiOl"t& for valiOU$ processes reQuired under thia It!!il;m. 2 ITEM 6 .Includo. all equipment. label', ele,. for cornplate rem",",la"" e1i$pesol of e.,.Ung a$pha~ p....",.nt rnalOrlal, Unit Prtee shall be based upon 0 I' depth of mlRina, Tht Ctln~act priOO lor Remov. E>i81ing AsPhalt (Full ~Ih) wll be adjLlad In 'A" Increments for mlting other depths. a. ITEM 7 .Includ.. use 01 mIIing ",acl1lno. blQOOl trBClor. and olller squlp,..."t.S requlrod, ttanapo1llUon of equipment to ond from \he work oite. .11 labor for ac\JoI miRing and oIe.n.yp slid sati.factorY disposal 01 milled material. Pay",...t shal bO based upon the aqua.. y.ldogo areo of pav....nt .cIu.lly milled. Prepar.tlon of a..o.1ll be milled, cIelln.up ",,01 disposal of ",'Rod ",olorta' sholl.o """"leIored Incidental 10 the p.r .quo.. yard unR p~eo tor Romovo Exiotina Atp~oll. 1 W or loss (MillIng). 4, ITEM t5 .Induda. all.bor. equlp....nl alld .a..roel< maleriol ,ufII~ant to 10\181, liJlhtly grada and oompaCltM exloting ro<l: ba,. pr1<Jr to applcotlon of pr1me coat 5. ITEMS 31. 32 and 33 .Includa. .urla'" co......, klctlOn coursea and other m_llonooU' a.phall... required. 6. ITEM 35r Include. ttrnoval r:J. b3Hl materiel or an)" other metet\el unsultablo ror plantl"g which may be ~d Illtht traffic "Plralar am, 7. ITEM 36. Concrete ClJ'b Ty~e.D. ,halllndude Alhlellc Field Backstop Curt>nQ. e. ITEM 66 _ I"dudes eU tlbor. equipment end me1efle,11 requittd for removal of wheel stopS and re-b8r Of otnar matlodl of atfachmtnl. s.tockplling and ~g whHls H)p$ and aoce&SOrles InCl re_lnstIllalicn of wt'Ii.., stops by en accepta~ atlllcl1mont m.thod. FU'n1lhlnt .ncIl....IQng repleoomanl wt\HI.topa and/or atlllo;llm<ml deviea. wI1io;ll have bean "~ during remove1 or.1OI'*.IO shon be cona;dorld IncldenlOl to ti,. pay Item, 9. ITEMS 6lond 68. Include. 0111-. eql.lpment. tnatorlalo, ete, NlIluirod !\Irnlsh and Install ~all8manl marking in parKing IOISInc1 oIhor .._. An ltem..lncludln; perldnQ spice marking., Iane1lnBs. stop bars. hlndlclpPod symbol&. dlre<l1onal arrawl and mlpaQt$,ln any 01 III cokn. shalf be mNlured 01'1 IsqU.t. foot b:aaiS rer payment under lhe&e Rem,. 10. l,eMS 82 ,HROI)GH 85. T11e..l\ems shan includo ,II matoriBlO, labor and oqulpm..\' 11, ITli.MS &BAND 87. TheM ltems.s~." lndude GII equ~fMinl :and labor requIred for placernenlaf ocnaateil'!,GW'US not a""",.iI>lo by .onvant1onai concrale!rUCk (....mod 1'1""'0 cI1ute). olthar by hond or by pumplna. Md shall be In add1\iOn to Ihe per ,quare Yl'rd prlOe for 4" and 6. conctatt i'.ama. '\2. ITI!M 88 _ ThisltDm represents. surdla,O' to 1I1e per square yard prl~ fer 4" and S. concrete items to cover coste tor spacial adMt)l:ture.. ,tc. requtred for purnplng concrete under ttwmS as and 87, 13. ITEM 158. in~ud.. a' _10 80.001- wilh Installation of Irriga"on line' un<ltr pMmant, eKno' between modlan. or from oul$ldt lha mdway shoulder 10' mldlan. A11labol .nd materlo1$, including ,.sioral'" oHhe ar.., are Ineidon1al1O !hI. Ilem. 14. ITEM 159- irloIude. tho COlt forin.lalllltlon 01 ail imgation IInesolhlr tl'llnlhote covatOd undorl..m 1$8. Joel< slid Bore irriga'\ion Un.'. .AlllabOt and mlter\all. 'nduding restoreUon afthe Ilr18, l\rEi Incidental to this Item. 1~. 'TEM 160 _ This Item ncludn all costs ealiOclatecl witl1 hooking the proposed install:.l.Uon 9Y15temto a source ofwate:rs$ diradBd ~y lho Engin.... pooslblo hookup ecenariOS may ,"cluds, but nO! ballmilad to, oonnactlon to on oxlotl"9 irrigation syslom rne18r1n~ III a potable w_ snt or '"oIlmng . pump ond ...0cia18d pump hoUse, POW0l1upply. ale.. fOf obtaining waler frOnllln adji.Oll'lt water body. 16. 1rEM 161 ~ InelUdes the wn of!tbor. as we' as all parts, such at pipe. MeO& and. ~tti~s. 17_ Thtt CQt>t 1:0 COl'lstl\lct curb pads .sh.lI be Incl",l;k!d In tl'Ie unit prloe fer each tesp.ctlvto CUrb Uern. P-6 11!20/200b 11:~1 8bl-4!1~~Sl I....:HA~<Lt.'::, ::: INH11 t:~l,Ut_ t-'/-\I.,)t:,. .:..1. ANNUAL PATHWAY & MINOR CONSTRUCTION CONTRACT BID NO. 2007052 TOTAl AMOUNT OF BASE BID: $ $5.917.850.00 (In Figures) NOTES: L This contract shall be awarded for twelve months and shall commence with the date when the contract is executed by the Board of County Commissioners. 2. Palm Beach County reserves the right to Increase or decrease the total quantities as necessary to meet actual requirements. * PLEASE AFFIX SIGNATURE WHERE INDICATED (FI+ILUR! TO DO SO SHALL BI! CAUS! POR REJECTION OF YOUR BID) NAME OF FIRM: .~ IDE, INC. / * SIGNATURE: l/ CSlDf\ on<l ClIo) John M. Everett (Prlnl!ilgt'lalDry'. Name) ADDRESS: 250 Truck and Trailer Way CITY, STATE AND ZIP: We-at Palm Beach, Flodda 33413-1695 T8..EPHONE: (561) 471-7696 STATE UCENSE # CG C008567 COUNTY UCENSE # 86-00902 CITY UCENSE # n/ a UCENSE TYPE: General Cont:ractor P-7 Southeast Neighborhood Park ,~~,,"' \ I" " I'll I,', ...' ...., , 71[[1/)_,: CU<'<) uJ L"<,,IT_-- LLJ r '~[-" I '--"",! IT' '~', r , '~; L:..,Jjg'~l'j---. . it, , ", I,'. '--'R i I I J_L-- ---~. ~_~r-j _'!5]'\,S-~,_\5:~\::~\~' t--~. , , ", \ \>'\J.IJv fBl - .~_"',.,. I . \, -"'_c d;t,,\,cl.c wilIlJ , ,J)<n:J' ,'T, I~ ""\~'\"'-'_ "NL' LL" J,I, "">\5> ttJ~ti3 L--..-.-__ , 'I' "" l>uJ'EJI ",:l'Dl'tI' '''.;';!\ 'fLL.' 'tr, I.u ,...,J', I ' 'WI I,' ,,~)D:]OJd]rnt38 <iJ(rrIUJG~i[DtilS6 ---..........-- ,.----..."",.--- I I / -"-...~r ~ ~ _J'"'" Cl1y locatio.. IIa,. ,- Sour..: P.,.. S...h Cou.', 0,,11., 0.,. 2000.2003 Copyright Pal'" Beach CD"nty. Fiori". 2000-2001 All 'Ugh" "...,,,-.:1 . Sublett 10. LlcD".. AD.......nt ~ ~~ "J._ Date February 18, 2004 Logend ~YBnund.ry "canal' . Wale' Bnund"ne. Ip""",," Parks GtSt:'flijadl,arldll8lllll~ NBiJlth ~ ~;J PaIt.. _CiI)'PaI1<S . County Pal1<s . Prese'vcAlea _FllH""P.rk. ~fdH I , I I I , I , I , I ~. . ~J,. . p,~li <=l o 1-<:iD. CIl~ - i "':01, ""1Xl ::Q:Il , 1-<" ;:>- I Opil , CIlZ, ~! ~ . I I 1 , 1 , I I , I , I I , I , \,r' ') ..... ~ . '~ ~'\'"' : .~]L-.:.. " '.' ,IC..<~~ / ,,; IF.... ~ .",'," '-.~ : ~ HATOlERH.VlGlJ .......'DlP!.AYGRIlUHD S~I z~l ~~I ll~1 ~j! 1:i' U' ! , 1 I TOT PlAYGIlOl.UI, 1 1 IllCtlMCJ<: , GIloUS p"'VEI!SI , D<<D<<i~"'IH(TYP) PICNICSHEl.tDt , SIIlNGS DfTIlYGAT[CTYr) ~~ p., 0\ ., .... en ~ I , 1 , 51 LEGEND !/ ~,. ~I ">, ;:;, ~I ~' '"I C!KRCt[ SIit'JAIJ( ~ LIVE OAK @9 PARADISE TREE o CINNECORD o ,WAX MYRTLE o WILD COFFEE * SABAL PALM o SHILLINGS DWARF . FISHTAIL FERN . COON TIE @ SIMPSON STOPPER 1M PICNIC TABLE 1M BENCH . I I '1:1 HigZ'""3's- OPeN GIf.4SsrDpt...YP.. .~lD' , 'f , I , I , J , I I , ---j---- , I , I , I i . . I I -"':.-::~;":,..~ i . ; ,MHiJ r ~ ,r'! ":.' ....,9 ,,( L 0" l.\ I'" .t',' jU "V;<.i ;~<'~:<';;~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlh vr.-CONSENT AGENDA ITEM C.l. Requested City Commission Date Final Form Must be Turned Requested City Commission Meetin!:! Dates in to City Clerk's Office Meetine: Dates ~ December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 1007 0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 0 Janua!)' 16,2007 January 2. 2007 (Noon) 0 March 20, 2007 0 February 6. 2007 January 16, 2007 (Noon) 0 April 3, 2007 Date Final Form Must be Turned in to City Clerk's Office February 5. 2007 (Noon) February 20, 2007 (Noon) March 5. 2007 (Noon) March 19. 2007 (Noon) n Cl n:::; en :::;-< :z: -<0 0 0""" <: r"" 0'> Me> ~-< .2: -U (J)~ X 0 0"" <a """"" I'.) ~fT1 OJ> W .....0 :x: 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve and authorize the City Manager to sign task order No. U06-5-0] with CH2MHiII for development of a testing plan, and contracting for testing services to conduct a mechanical integrity test on the reject water injection well, located at the West Water Plant. EXPLANATION: The permit issued by the Florida Department of Environmental Protection (DEP) for the reject water injection well requires the City to conduct a full mechanical integrity test on that well at 5-year intervals. Prior to conducting tests on the well, the engineer will develop a test plan for approval by the DEP. This task order also requires the consultant to contract directly with a firm capable of testing the well according to the DEP's requirements. Although that sub- task is estimated at $60,500 based upon past experience, the actual cost of the testing will be dependent in part upon the conditions of approval mandated by DEP after their review of the test plan. Acquiring testing services in this manner allows the City the necessary nexibility to respond to conditions or changes imposed by the DEP. PROGRAM IMPACT: Required for continued operation of the injection well and consequently the West Water Treatment Plant. FISCAL IMPACT: $89,958.00 to be fnnded from account 401-282]-536.3]-90. 4RN~_ Department:~ ~""".." Assistant to City Manager ~ UTILITIES Department Name City Attorney I Finance S,IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC i(j( . \ '. y" ,.. . ,,~ , v,,, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM xc: /Jr[eter Mazzella (w/attachments) Barbara Conboy " Michael Low Procurement City Attorney File S:\BUIJ,ETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 5 MANAGER TO EXECUTE TASK ORDER NO. U06-5-01 6 WITH CH2M HILL FOR DEVELOPMENT OF A 7 TESTING PLAN AND CONTRACTING FOR TESTING 8 SERVICES IN THE AMOUNT OF $89,958.00; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the permit issued by the Florida Department of Environmental Protection 13 (DEP) for the reject water injection well requires the City to Conduct a full mechanical integrity 14 test on that well at 5-year intervals; and 15 WHEREAS, prior to conducting tests on the well, the engineer will develop a test plan 16 for approval by the DEP; and 17 WHEREAS, staff is recommending that the City Commission approve and award Task 18 Order U06-5-0I with CH2M-HILL for development of a testing plan, and contracting for 19 testing services to conduct a mechanical integrity test on the reject water injection well located 20 at the West Water Plant in the amount of$89,958.00. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section I. The 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 hereby 27 authorize and direct the approval and execution by the City Manager of Task Order No. U06-5- 28 01 with CH2M-HILL for development of a testing plan, and contracting for testing services to S:\CA\RESO\Agreemenls\Task - Change Orders\CH2M Hill Task Order- U06-s.o1 .doc 11 1 conduct a mechanical integrity test on the reject water injection well located at the West Water 2 II Plant in the amount of $89,958.00, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. 3 4 PASSED AND ADOPTED this _ day of December, 2006. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CA\RESO\Agreements\Task - Change OrderslCH2M Hill Task Order U06-5-01.doc Task Order No. U06-5-01 Contract and Testing Services for 5.Year Mechanical Integrity Testing of IW.1 at the West Water Treatment Plant A. Background In 2002, the City of Boynton Beach (City) discovered that the steel liner in injection well IW-1 was severely corroded and would need to be rehabilitated. To rehabilitate the well, an FRP liner was proposed and ultimately installed inside the 16-inch diameter finaI casing. It was determined that the liner would be cemented from the base of the liner to land surface in lieu of using a tubing and packer assembly. A mechanical integrity test (MI1) was last conducted upon the completion of the liner installation on March 14, 2002. The Florida Department of Environmental Protection (FDEP) considered this liner installation to be an alternative design and as a result, required an interim mechanical integrity test (MIT) be conducted at the midpoint of the 5 year operating permit. In accordance with FDEP and the U.S. Environmental Protection Agency (EPA) all injection wells are required to demonstrate mechanical integrity (MI) every 5 years. In Florida, Class I injection wells are required to demonstrate internal MI by verifying that there are no leaks in the injection well casing as specified in Chapter 62-528.300(6)(a)(1), F AC. Likewise, these wells must also demonstrate external MI by confirming that there is no vertical fluid movement adjacent to the injection well bore, as cited in Chapter 62- 528.300(6)(a)(2), FAC. The deadline to complete this testing for the current 5 year period is March 13, 2007. The City has requested that CH2M HILL conduct the 5 year MIT including provision for the specialized testing services to be subcontracted directly with CH2M HILL. In summary, CH2M HILL will provide engineering services that include: preparation of a testing plan and specifications, conduct bid phase services, subcontract testing services, conduct onsite resident observation during testing and prepare an engineering report. Task Order U06-01 will consist of four tasks that are defined in Section B. B. Scope of Services Task 1 - Testing Plan, Permitting and FDEP Coordination CH2M HILL will prepare a testing plan and schedule for the internal and external MI testing of the IW-1 at the Boynton West WTP. The testing plan will include the use of a Radioactive Tracer Survey (RTS) for the external MI testing and mechanical packer pressure testing, temperature geophysical logging and downhole video logging for the internal MI testing. The plan will be deveIoped in suitable format for submittal to the FDEP Underground Injection Control (VIC) Technical Advisory Committee (T AC) for approval of the proposed MI testing plan. If required, CH2M HILL will coordinate and attend FDEP Mil SCOPE_102706JINAl TO CUENT_GNV310133637741063000014 TASK ORDER NO_U06-01 meetings and prepare necessary communication to finalize and approve the testing plan. Based on CH2M HILL's experience on similar projects, it is assumed that no permits or permit modifications will be required to complete this work. CH2M HILL will provide the CITY with two (2) draft and three (3) final copies of the MIT plan and all other correspondence with FDEP. CH2M HILL will submit the testing plan to FDEP and other regulatory agencies as appropriate upon receipt of the CITY's comments on the draft testing plan. Task 2 - Contracting CH2M HILL will prepare specifications and contract documents for the mechanical packer pressure test and RTS methodology to demonstrate MI for the injection well. . The CITY will be provided with two (2) draft copies for review, and three (3) final copies of the bid package for distribution to CITY staff. CH2M HILL will provide any copies of the contract documents required for submittal to the FDEP. . CH2M Hill will submit the final bid package to up to three (3) qualified well drilling contractors and evaluate the proposals of the respondents. Upon evaluation, CH2M HILL will award the contract to most qualified bidder. The award will also consider price and the Contractor's ability to meet the project schedule. CH2M HILL will subcontract with the selected Contractor to conduct the mechanical packer pressure test, video logging and the RTS survey and any other related services deemed necessary to complete the MI demonstration. It is assumed that these services will be included in a single contract. Task 3 - Services During Construction CH2M HILL will provide resident observation during field activities to observe all testing activities. The resident observer will be supported by a senior engineer for the duration of field activities. The resident observer will prepare daily reports for each day of resident observation provided. The CITY will receive copies of the daily reports documenting the testing activities in the final report for the MIT activities. For the purpose of this proposal, it is assumed that the resident observer will be on site for up to 60 hours. Field services extending beyond 60 hours will be provided with additional authorization from the City. Task 4 - Preparation of Summary Report Upon completion of the testing activities, CH2M HILL will prepare an engineering report documenting the MIT activities. The report will include an analysis of the data and results, and will provide applicable recommendations for follow-up work (if necessary). In addition to the results and summary of the testing activities, FDEP requires that information collected by the CITY and reported to FDEP in the Monthly Operating Reports (MORs) be included in tabular and graphical formats, along with analysis of the data. CH2M HILL will compile, tabulate, graph and analyze the data. The CITY will receive one (1) draft report and three (3) final signed and sealed copies of the engineering report and associated geophysical logs. CH2M HILL will also submit the engineering report and associated geophysical logs to the FDEP UIC TAC. Mil SCQPE_t02706JINAL TO CLlENT..GNV31013363774DOC/063000014 2 TASK ORDER NO.U06-01 C. Assumptions · CITY representatives will attend the pre-construction conference. . CH2M HILL will coordinate with the CITY and the drilling subcontractor to allow access to the injection well (IW-1). . Compensation for this task order is based on typical MIT testing services. Additional testing or field evaluations are not included as part of this task order. · No permits are anticipated and permitting services are not included in this task order. · The City will compIete their review of the draft final report within one week of submittal. . The costs associated with the drilling subcontractor has been estimated by CH2M HILL based on previous MIT projects. Should the costs exceed the estimate, additional funding will be required. If the costs for the drilling subcontractor is beIow the estimate, the balance of the estimated costs will be unused. The fee estimate for testing services includes a 10% mark-up to cover administrative costs associated with managing the subcontracted services. D. Contract Reference This Task Order will be performed under the terms and conditions described in the Agreement for General Engineering Consulting Services dated November 2005, between the City of Boynton Beach and CH2M HILL, Inc. E. Compensation Compensation by the CITY to CH2M HILL will be on a time and materials basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order is $89,958 as shown in Table 1. TABLE 1 West WTP IW.1 5- Year MIT Labor Labor Expense Subcontractor Hours Cost Cost Cost Total Task 1 - Testing Plan, 55 $5,350 $200 $0 $5,550 Penmilting & FDEP Coordination Task 2 - Contracting 45 $4,800 $250 $0 $5.050 Task 3 - Services during 96 $9.648 $ 700 $60,500 $70,848 Construction Task 4 - Preparation of 75 $7.760 $750 $0 $8,510 Summary Report TOTAL 271 $27,558 $1 ,900 $60,500 $89,958 MIT SCOPE_l02706~FINAL TO CLIENT _GNV31013363774.00CJ063000014 3 TASK ORDER NO,U06-01 F. Schedule CH2M HILL will commence the services described above upon receipt of written authorization and will complete the work according to the table below. Testing Plan, Permitting. Project Design. and Notice to Proceed (NTP) Bidding and Subcontracting of Testing Services Complete Task 1 - 2 wks following NTP Complete Task 2 - 8 wks following NTP Services During Construction I Resident Task 3 Observation I Engineering Support Begin Testing - no later than March 1. 2007Complete Testing - no later than March 13, 2007 Submit Summary Report Task 4 - 1 month following completion of testing. G. Authorization APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this _day of ---,2006. SUBMITTED BY: CH2M HILL, INe. By: ~~ Wendy N Vice President, Area Manager Dated this J 7 day of Oclv~ .2006 MIT SCOPE_102706_FINAl TO CLIENT _GNV31013363774.DOC/063000014 ((7 '\ (- VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetina: Dates in to City Clerk's Office MeetilUl Dates in to Citv Clerk's Office t8l December 5. 2006 November 20.2006 (Noon.) D February 20. 2007 February 5. 2007 (Noon) D January 2. 2007 December 18, 2006 (Noon) D March 6. 2007 February 20. 2007 (Noon) D January 16. 2007 January 2. 2007 (Noon) D March 20. 2007 March 5. 2007 (Noon) D February 6. 2007 January 16.2007 (Noou) D April 3. 2007 March 19.2007 (Noon) D AnnOlIDcementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM t8l Consent Agenda D Legal D Code Compli8llce & Lcgal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Staff request approval of an addendum to the Contract approved on June 20, 2006 to resolution granting the May,or authority to sign this Assignment and Assumption Agreement (Assignment and Assumption') is made by and among BellSouth Telecommunications, Inc. ("Bensouth"), City of Boynton Beach, Florida ("Assignor") and Palm Beach County, Florida its successors and assigns ("Assignee") EXPLANATION: The agreement authorizes BeJlSouth to install a secondary E 9-1-1 PSAP for the purpose of complying with the State of Florida requirements, that all Public Safety Entities provide an alternate site In ease of a Disaster Emergency Evacuation. Bensouth is adding equipment that was not listed In the original contract for six Instant Replay Recordings (IRR'S) and one Geographical Information System (GIS) for mapping. The addendnm to the original contract will provide immediate access to these features and other components necessary for upgrades when needed. See Attachments: A-BeIlSouth USOC Unit Prlcings B-BellSouth Summary of proposed rates C-Addendum Agreement PROGRAM IMPACT: This Instant Recall Recorder (IRR) eqnlpment is a device that holds 8-10 minutes of calls. This is an Important part of the phone system that is needed and utilized for instant playbaek, to clarify information provided by the callers. The Geographical Information System (GIS) wID assist with developing the Latitnde and Longitude for ceO phone callers. These components utend the opportunity to verify the caller's Information In an emergency situation. Not adding these features poses a potential liability to the City of Boynton Beach. FISCAL IMPACT: Tbese items have been budgeted for 200612007. The original amount in the resolution was for the one time costll and monthly fees totaling 48,429.00, however this amount has Increased to SSIl,83O.00 dne to adding on the (6) lRR's which has a one time cost of $186.00 and a monthly charge of $210.00 I 12= $2,520.00 I year; one GIS position for mapping, a one time charge$23.00 and monthly charge of $329.00 I 12 =$3,948.00 I year. One time Installation Cost Total yearly reoccurring cost $ 4,651.00 $58.380.00 $63,031.00 Fuods provided by PBCounty 911 $ 2.200.00- $60,831.00 S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM From account # 001-2220-525-41-10- From account # 001-2220-525-64-16- Total Cost $57,510.00 $ 3.321.00 $60,831.00 ALTERNATIVES: No alternative. This wiD need approval to complete the EOC I East Water Plant project at the earliest, the end of2006 or at the latest, January 2007. ~- Assistant to City Manager _ ~ City Attorney I Finance Department Name Communications S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMJX)C 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF AN 5 ADDENDUM TO AGREEMENT WITH BELLSOUTH 6 TELECOMMUNICATIONS, INC.; AND PROVIDING 7 AN EFFECTIVE DATE. 8 9 WHEREAS, On June 20, 2006, the City Commission vIa Resolution R06-I09 10 authorized the Assignment and Assumption Agreement with Bellsouth Telecommunications, 11 Inc., to install a secondary E 9-1-1 Public Safety Answer Point (PSAP) for the purpose of 12 complying with the recommendations to relocate 9-1-1 Communications Department in the 13 event of an emergency evacuation; and 14 WHEREAS, this addendum will provide immediate access to these features and 15 other components necessary for upgrades when needed; and 16 WHEREAS, staff recommends that it is in the best interest of the citizens and 17 residents of the City of Boynton Beach for the City Commission to approve the Addendum 18 to the Assignment and Assumption Agreement with Bellsouth to provide immediate access 19 to these features and other components necessary for upgrades when needed. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section I. 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. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby authorize the approval of and direct the Mayor and City Clerk to execute the 27 Addendum to Agreement with Bellsouth Telecommunications, Inc., to provide immediate S:\CA\RESO\Agreements\Addendum to Bellsouth.doc 1 access to these features and other components necessary for upgrades when needed, a copy of 2 which has been attached hereto as Exhibit "A". 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of December, 2006. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 27 28 City Clerk 29 30 31 (Corporate Seal) 32 33 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CA\RESO\Agreements\Addendum to Bellsouth.doc ... ~ 10 " ~ " B~ ~>> ~...s:: :;:; ~~ ~- :tGl "'''' ~~B~ QQQQQ C>>X:EC-I :;:;:;:;:;:;:;:; ........................................... C5QC5<5QQ~Q D03:?\Irn 0:0 :;:;:;:;:;:; ...........-0................. Q;5,;:;;:;;:;; ",,J.;. ;1I\C_ G>)> c: .. o n .. 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D.. 0 "j .. 11 - . fl ~o~i~ IDE.all! :2lJ~-58 ~-sJ!fl.. ::J ..0 0 C c : 1ll!d---: .gfl-='5~ :aJ~s :cD....2.1 ~i f~g ~~!ii~ 8 o ~ ~ - ~ ~ i .. c CD '0 ~ o (,) .c .. ,. o ~ .. lD ADDENDUM AGREEMENT Case Number FL06-KI99-00 THE UNDERSIGNED PARTIES, BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and BOYNTON BEACH CITY OF ("Customer or Subscriber"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Special Service Arrangement (SSA) Agreement FL06-676I-02. This Addendum Agreement is based upon the following tenns and conditions as well as any Attachment( s) afI"lXed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. Offer Expiration: This offer shall expire on: 2/912007, 1. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions. Subscriber further agrees that this Agreement, and any orders, constitute the complete and exclusive statement of the Agreement between the parties, superseding all proposals, representations, andlor prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. 2. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 3. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they bave the authority to bind Subscn'ber and Company to this Agreement. PRlVATElPROPRlETARV CONf A1NS PRIVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OlITSIDE TIlE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WIUTI'EN AGREEMENT Page I of 13 ADDENDUM AGREEMENT Case Number FL06-KI99-00 IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: BOYNTON BEACH CITY OF By: Authorized Signature Printed Name: Title: Date: Company: BelISouth Telecommunications, Inc. By: BelISouth Business Systems, Inc. By: Authorized Signature Printed Name: Title: Date: PRN A TElPROPRIET ARY CONTAINS PRJV ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OIJfSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT Page 2 of 13 ADDENDUM AGREEMENT Case Number FL06-K 199-00 Option 1 of I Service description: This Addendum Agreement provides rates and charges for equipment added to the Customer's existing E9! I Public Safety Answering Position (PSAP) system provided by InterAct. All terms and conditions of Special Service Arrangement Agreement FL06-676 I -02 apply to this Addendum Agreement unless modified herein. PRlV A TElPROPRIET AR Y CONTAINS PRIV AlE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUlH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 3 of 13 ADDENDUM AGREEMENT Case Number FL06-KI99-00 Option I of ] RATES AND CHARGES Rate Elements Non-Recurring Monthlv Rate USOC interAct $3,905.00 $69.00 WIIA2 Vertical Software Modules, Standalone Geo -Each (Addendum to FL06-676 1-02. Add rate element.) 2 interAct $194.00 $60.00 WIIAN Workstation, Remote Monitoring System (RMS) -Each (Addendum to FL06-6761-02. Add rate element.) 3 interAct $73.00 $32.00 WIIAS Monitor, 17 inch (/7 inch viewable LCD) -Each (Addendum to FL06-6761-02. Add rate element.) 4 InterAct $86.00 $63.00 WIIAU Monitor, 24 inch (20.1 inch viewable LCD) -Each (Addendum to FL06-676 1-02. Add rate element.) 5 interAct $.00 $11.00 WIIAV Workstation, Operating system -Each (Addendum to FL06-6761-02. Add rate element.) 6 interAct $.00 $45.00 WIlAW Vertical Software Modules, 911 Interface -Each (Addendum to FL06-676 1-02. Add rate element.) 7 InterAct $.00 $64.00 WIlB3 Vertical Software Modules, ESRl Arcview 3.2 -Each PRlVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION, MA YNOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITJ'EN AGREEMENT Page 4 oft3 ADDENDUM AGREEMENT Case Number FL06-KI99-00 Option ] of] RATES AND CHARGES (Addendum to FL06-676]-02. Add rate element.) 8 InterAct $92.00 $185.00 WIIB4 Monitor, 2] inch (20.1 inch viewable Touchscreen LCD) -Each (Addendum to FL06-676]-02. Add rate element.) 9 InterAct $7.00 $27.00 W]1B9 Card, Quad Video -Each (Addendum to FL06-676]-02. Add rate e]ement.) ]0 InterAct $44.00 $13.00 WllF4 Module, Line Expansion, ] 0 Line -Each (Addendum to FL06-676]-02. Add rate element.) II interAct $44.00 $10.00 WI Module, Speed Dial Expansion, 20 button blocks -Each (Addendum to FL06-6761-02. Add rate element.) 12 interAct $334.00 $524.00 WlIFB CT!, Interceptor, First Position, Without Monitor -Each (Addendum to FL06-6761-02. Add rate element.) 13 InterAct $189.00 $393.00 WllFC CT!, Interceptor, Additional Positions, Without Monitor -Each (Addendum to FL06-6761-02. Add rate element.) PRN ATEIPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION_ MAY NOT BE USED OR DISCLOSED OUTSIDE TIffi BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITfEN AGREEMENT rage 5 of 13 ADDENDUM AGREEMENT Case Number FL06-K I 99-00 Option I of I RATES AND CHARGES 14 interAct $90.00 $84.00 WIIFD Card, Secondary Station Shelf for Interceptor -Each (Addendum to FL06-6761-02. Add rate element.) 15 interAct $12.00 $37.00 WllFE Card, Secondary Station -Each (Addendum to FL06-6761-02. Add rate element.) 16 interAct $122.00 $83.00 WIIFF Card, Line Card Shelf (holds 10 line cards or 911 trunk cards), -Each (Addendum to FL06-6761-02. Add rate element.) 17 interAct $12.00 $15.00 WIIFH AC SignaIlLamp/Ring Supply -Each (Addendum to FL06-6761-02. Add rate element.) 18 interAct $45.00 $9.00 WIIFL Card, Basic Line -Each (Addendum to FL06-6761-02. Add rate element.) 19 interAct $62.00 $6.00 WllFP Cable and Block for Additonal 25 lines -Each (Addendum to FL06-6761-02. Add rate element.) 20 interAct $496.00 $66.00 WllFR 83 inch high Floor Cabinet enclosure with shelves and Power strips a) each (Addendum to FL06-6761-02. Add rate element.) PRNATElPROPRlETARY CONTAINS PRN ATE AND/OR PROPRIETARY INFORMATION. MA YNOT BE USED OR DISCWSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITI'EN AGREEMENT. Page 6 of 13 ADDENDUM AGREEMENT Case Number FL06-KI99-00 Option I of I RATES AND CHARGES 21 22 23 24 25 26 27 InterAct Training Interceptor - Setup Fee - Customer location (Note: If training at InterAct, Setup Fee will not apply.) a) each (Addendum to FL06-676 1-02. Add rate element.) $1,787.00 $.00 WllFV InterAct Training Interceptor - User a) each (Addendum to FL06-6 7 61-02. Add rate element.) $336.00 $.00 W1IFW InterAct Training Interceptor - Supervisor a) each (Addendum to FL06-6761-02. Add rate element.) $357.00 $.00 WIIFX InterAct Training Interceptor - MIS System - User a) each (Addendum to FL06-6761-02. Add rate element.) $511.00 $.00 WIJP7 InterAct S3200 Operator Manual (Addendum to FL06-6761-02. Add rate element.) $80.00 $.00 WIIGI InterAct Card, Basic Line, Spare, -Each (Addendum to FL06-6761-02. Add rate element.) $44.00 $7.00 WlIG7 InterAct Telephone Radio Headset Interface -Each (Addendum to FL06-676 1-02. Add rate element.) $75.00 $18.00 WIIGB PRIV A TElPROPRIET AR Y CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 7 of 13 ADDENDUM AGREEMENT Case Number FL06-K 199-00 Option I of I RATES AND CHARGES 28 InterAct $28.00 $1.00 WIlGD Handset with Cord -Each (Addendum to FL06-6761-02. Add rate element.) 29 InterAct $40.00 $2.00 WIlGF Handset Cradle with Hookswitch -Each (Addendum to FL06-676 1-02. Add rate element.) 30 InterAct $28.00 $1.00 WllGG Handset Cradle with out Hookswitch -Each (Addendum to FL06-676 1-02. Add rate element.) 31 InterAct $31.00 $35.00 WIIGP Phone, Instant Recall Recorder feature, Button based -Each (Addendum to FL06-6761-02. Add rate element.) 32 InterAct $49.00 $27.00 WllHA Card, Secondary Station, Spare -Each (Addendum to FL06-676 1-02. Add rate element.) 33 InterAct $69.00 $.00 WIIHC S3200 Program Manual a) each (Addendum to FL06-676 1-02. Add rate element.) 34 InterAct $79.00 $.00 WIUID S3200 Installation Manual a) each (Addendum to FL06-676 1-02. Add rate element.) 35 InterAct $30.00 $.00 WIlHE PRNATElPROPRIETARY CONTAINS PRN ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE TIlE BELLSOUTI/ COMPANIES EXCEPT PURSUANT 1'0 A WRJITEN AGREEMENT. Page 8 of 13 ADDENDUM AGREEMENT Case Number FL06-K 199-00 Option J of J RATES AND CHARGES Manual, S3200-P Program -Each (Addendum to FL06-6761-02. Add rate element.) 36 InterAct $60.00 $.00 WIIHF Manual, S3200-P Installation -Each (Addendum to FL06-6761-02. Add rate element.) 37 InterAct $74.00 $62.00 WIIHH IRR for Telephone and Radio (non CTI) -Each (Addendum to FL06-676 1-02. Add rate element.) 38 InterAct $12.00 $33.00 WIlHJ AC Talk Supply -Each (Addendum to FL06-676 1-02. Add rate element.) 39 InterAct $18.00 $83.00 wIn"" Tnmk Interface Unit, per 911 trunk, Spare -Each (Addendum to FL06-6761-02. Add rate element.) 40 InterAct $75.00 $106.00 W22NX Monitor, 18 inch viewable Touchscreen LCD -Each (Addendum to FL06-676J-02. Add rate element.) 41 InterAct $137.00 $166.00 W2209 Printer, Laser, Color Networked, 10ppm -Each (Addendum to FL06-676I-02. Add rate element.) 42 InterAct $85.00 $26.00 W220A Printer, MIS DesignJet, PRlVATElPROPRlETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSO\JfH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 9 of J3 ADDENDUM AGREEMENT Case Number FL06-K 199-00 Option I of I RATES AND CHARGES Color -Each (Addendum to FL06-676 1-02. Add rate element.) 43 InterAct $68.00 $121.00 W220B Monitor, IU Server, with Keyboard tray -Each (Addendum to FL06-6761-02. Add rate element.) 44 InterAct $75.00 $46.00 W220C Monitor, 19 inch LCD -Each (Addendum to FL06-676I-02. Add rate element.) 45 InterAct $1,259.00 $.00 W220S Training Option, Zetron Administrator -Each (Addendum to FL06-676 1-02. Add rate element.) 46 InterAct $1,054.00 $202.00 W22P9 Backup External tape drive -Each (Addendum to FL06-6761-02. Add rate element.) 47 InterAct $488.00 $.00 W22PE Staging, GIS position (Addendum to FL06-6761-02. Add rate element.) -Each 48 InterAct $83.00 $21.00 W22R4 Interceptor MIS Collection License -Each (Addendum to FL06-676 1-02. Add rate element.) 49 InterAct $83.00 $24.00 W22R5 Interceptor MIS User License -Each PRIV A lEIPROPRIET ARY CONTAlNS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OurslDE TIlE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRI1TEN AGREEMENT Page 10 of 13 ADDENDUM AGREEMENT Case Number FL06-K 199-00 Option 1 of 1 RATES AND CHARGES (Addendum to FL06-6761-02. Add rate element.) 50 InterAct $1,877.00 $.00 W22R9 Training Options, Setup fee, All Software training -Each (Addendum to FL06-6761-02. Add rate element.) 51 InterAct $944.00 $.00 W22RO Training Options, MIS Administrator -Each (Addendum to FL06-6761-02. Add rate element.) 52 InterAct $807.00 $.00 W22RQ Training Options, MIS Enterprise user -Each (Addendum to FL06-6761-02. Add rate element.) 53 InterAct $554.00 $.00 W22k. r Dual Video card -Each (Addendum to FL06-6761-02. Add rate element. ) 54 InterAct $163.00 $54.00 W22S2 IRR Radioffelephone cn -Each (Addendum to FL06-676 1-02. Add rate element.) 55 InterAct $165.00 $.00 W22Z9 Vendor supplied labor -per hour (Addendum to FL06-6761-02. Add rate element.) PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSlDE THE BElJ..SOUTH COMPANIES EXCEPT PURSUANT TO A WRmEN AGREEMENT. Page II oft3 ADDENDUM AGREEMENT Case Number FL06-K I 99-00 Option I of I RATES AND CHARGES PRlVATElPROPRlETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSlDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 12 of 13 ADDENDUM AGREEMENT Case Number FL06-KI99-00 Option I of I RATES AND CHARGES NOTES: There are no other additions, deletions or changes to Special Service Arrangement Agreement FL06-6761- 02 included in this Addendum Agreement. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force. END OF ARRANGEMENT AGREEMENT OPTION 1 PRlVATElPROPRlETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSlDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 13 of 13 .'~.'."r' . ~ . ~,. -, , CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlV. VI.-CONSENT AGENDA ITEM D.. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final FOffil Must be Turned Meetinl! Dates in to City Clerk's Office Meetin2 Dates in to City Clerk's Office IZ:l December 5, 2006 November 20. 2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 D~ember 18, 2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16,2007 January 2, 2007 (Noon) 0 Man:h 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM IZ:l Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the "HIGH RIDGE PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Ir., (City Engineer and Survey and mapper). EXPLANATION: The record plat reviews for this project commenced on December 15, 2005, to which the fourth and fifth and final review is currently being completed. Several plat preparation changes not withstanding, staff now recommends that the City Commission approve the plat as presented subject to final signatures by the City Engineer and Mayor. This record plat is the next step in the process of developing that vacant tract on the north side on Miner Road, and on the west side of High Ridge Road. The record plat preparer has stated that all minor changes necessary to this instrument are in compliance with those comments noted in the last review letter from the City Engineer. 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 Pennit (LDP) caunot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction pennitting 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 .="'.., '"~ ""; ~-_..~""'" -~,' '.-1 .- ~lJfL~ ti'M~""_~ . Assistant to City Manager ~ Public Works / Engineering Division Department Name City Attorney I Finance S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.ODe LUXO ROAD ~ a: w ~ c - a: :c ~ PLAT X LOCAnON MINER ROAD SECTION 8, TOWNSHIP 455, RANGE'43E N.T.S. ~~} TO ,\l ,.,;," VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 0 Announcements/Presentations 0 NATURE OF 0 Administrative 0 AGENDA ITEM IZ:l Consent Agenda 0 0 Code Compliance & Legal Settlements 0 0 Public Hearing 0 Requested City Commission Date Final Form Must be Turned Meetine Dates in to Citv Clerk's Office IZ:l December 5, 2006 November 20, 2006 (Noon.) 0 0 Janua!)' 2, 2007 December 18,2006 (Noon) 0 0 January 16. 2007 January 2, 2007 (Noon) 0 0 February 6. 2007 January 16.2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6. 2007 February 20, 2007 (Noon) March 20. 2007 March 5, 2007 (Noon) o 0' March 19,2007 (Noonl.:z: c::> < I 0) "'" c-H ::;-< -<0 0.... 'CD mo ::0-< ;>:;X ui-"!4 o 0% -"CIIJ ~'"" O~ '""~ :%: t April 3, 2007 City Manager's Report New Business "0 ::JI: Legal Unfinished Business - .. w RECOMMENDATION: Motion to approve full release of surety for the project known as Carriage Pointe, iu the amount of $23,861.15, and to refund the cash payment in this amount to the project developer, Lennar Homes. EXPLANATION: Lennar Homes, Inc., the developer of this project, established a cash surety with the City to guarantee the satisfactory operation of the water and sewer systems serving the project. All of these utilities have been installed and have operated as expected throughout the one-year warranty period. The surety may therefore be returued to the developer (Lennar Homes, Inc., 1013 N. State Road 7, Royal Palm Beach, FL 33411, Attn: Jeff Brown, Vice President). PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None ~4d' I/-. k /.~< Department Head's Signature ' /,h/06 Ui. i Her Department Name XC: Peter Mazzella (w/attachments) Chris Roschek Mary Munro, Finance Dept. City Attorney " File S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC EXHIBIT "N-2" (LDR, Chap. 7, Art. I, Sec. 3.B.) CASH BOND KNOW ALL MEN BY THESE PRESENTS: That [I] [we], Lennar Homes hereinafter called PRINCIPAL, tenders unto the City ofBo~ton Beacl\....lI.:,p,o~tic~\i.sl!gdiv~sionu~ftg!l State~tFlorida, hereinafter called CITY, the full and Just sum omllRl3:f~d Sl.X~Y -t1He ~ 't57 t'ilUJ. S. Dollars ($ 23, 861.1~, lawful money of the United States of America, to which payment well and truly made, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision plat known as Carr iaae Painte ,and such recording is prior to completion of construction of the Required hnprovements as prescribed by the Subdivision, Platting and Required hnprovements Regulations, Chapters 2.5, 5 and 6 respectively ofthe Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision;] or [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction ofa certain project known as carriaae pointe, and such project shall construct and install the required public improvements to support the Project pursuant to the terms of the Permit,] and WHEREAS, PRINCIPAL has been issued that certain r Permit] [Land Development Permit] Number , hereinafter the PERMIT, for construction of said Required hnprovements, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shall in every respect fulfill [its][his][her][their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, to be and remain in full force and effect. The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS. Page 1 of3 pages The PRINCIPAL unconditionally convenants and agrees that if the PRINCIPAL fails to perform within the time specified by the PERMIT, all or any part of [its][his][her][their] obligation established by said PERMIT and the REGULATIONS, the CITY, upon thirty (30) days written notice from the CITY or its authorized agent to the PRINCIPAL or its authorized agent or officer, shall, at CITY'S option, have the right to complete the PRINCIPAL'S obligation or, pursuant to public advertisement and receipt of bids, cause to be completed these aforesaid improvements in the case the PRINCIPAL should fail to or refuse to do so in accordance with the terms of the PERMIT. In the event the CITY should exercise and giye effect to such right, the PRINCIPAL shall be liable and the monies tendered hereby shall be used to reimburse the CITY the total cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all the terms and provisions of the PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed thes.e presents this ~ day of October ,2005. (CORPORATE SEAL) Lennar Homes, Inc. [a Floridacorporation][a Floril0qloration, licensed todob . sinFIo' ] Jeff Brown. Vice President ATTEST: Jim (Impressionable corporate seal) ADDRESS: 1013 N. State Road 7 Royal Palm Beach. FL 33411 STATE OF COUNTY OF Florida Palm Beach ) ) BEFORE ME personally appeared Jeff Brown who is personally known to me, =hltS"J'TOdtteed nl a as identification, and who executed the foregoing instrument as [Vice] President of Lennar Homes, a 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 Page 2 of3 pages 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 21 ,2005. My commis~.w.II)!!/~. ,s.' .~:i\\Cl1boJIiI, ~ r...'t-" ........ ((".L')~ ~ -,J..~v.\SSION;.;~.'r ~ ~ .'~N "'erJ"-l';c)'. ~ ~ ..::....r;:r~,,~\J '~~'. 'S .::: :~~ ~~~::; =*: -.- :*= -:. .. .. = --' #0 . - ~15', D 234822 :~::::: ~::;.>..~ .'l?:!!:: ~~'.. ~~~.tt~ ~.'r .. ~~;..:~~ ~;:08;/"''''~'()<( ~~ ",,' C, ST~\- \", ''''''11111\\\\1 (Seal) -OR- (INDIVIDUAL PRINCIPAL) WITNESS: BY: ADDRESS: ) ) STATE OF COUNTY OF BEFORE ME personally appeared who [is][are] personally known to me or [has][have] produced [and ,respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he][she][they] executed said instrument for the purpose expressed therein. WITNESS my hand and official seal this day of ,20_. My commission expires: Notary Public (Seal) Page 3 of3 pages ... Cl:I llJ ~ ~ So ~ CD ... -- CO) !>> r 1I1 n.J ..... ..c D:J r ... .. - - r o o o o - ..c .. o o - lr' r - o o n.J o lr' n.J ... U RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please lssue a check In the amount $ 23,861.15 . TO: Lennar Homes, Inc. 1013 N. State Road 7 Royal Palm Beach, FL 33411 Attn: Jeff Brown, Vice President FOR: Release of cash surety for the project known as Carriage Pointe Commission Approval: Requested By: Peler Mazzella, Deputy Utilities Director Date: November 6,2006 Approvals: Finance Dept. FUND DEPT BASIC ELE OBJ AMOUNT 401 0000 220 99 00 23,861.15 23,861.15 Div Head ~4d.-/ Kftt'r-; City Manager ((( ~.. y VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetim! Dates in to City Clerk's Office IZ:l December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 0 January 16, 2007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16, 2007 (Noon) 0 Requested City Connnission Date Final Fonn Must be Turned Meeting: Dates in to City Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) March 20, 2007 March 5, 2007 (Noon) April 3, 2007 March 19,2007 (Noon) NATURE OF AGENDA ITEM o AnnouncementslPresentations o o o IZ:l City Manager's Report Consent Agenda o o New Business o o o Legal UnfInished Business Administrative EXPLANATION: PROJECf: AGENT: o o 0::4 (T\ ::;-< ~ -<0 RECOMMENDATION: Please place this request on the December 5,2006 City Connnission Agenda ~r "...... Public Hearing. The Connmmity Redevelopment Agency Board on November 14, 2006, recommended that this reqw:st """'~ approved. For further details pertaining to the request, see attached Department Memorandum No. 06-180. CJ\ 5l~ -.... <./>0 0% ......0;1 :2,.., CJ\ C">:J>' o me"> :t: Code Compliance & Legal Settlements Public Hearing ?i C5 .. OWNERS: LOCATION: DESCRIPTION: Arches (SPTE 06-0 ll) Bonnie L. Miskel, Esq., Kim Glas-Castro, AlCP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Boynton Ventures I, LLC Southwest comer of Ocean A venue and Federal Highway Request for a I2 month site plan time extension for site plan approval granted on September 6, 2005 to extend site plan approval from September 6, 2006 to September 6, 2007. PROGRAM IMPACT: N/A fiSCAL IMPACT: N/A ALTERNATIVES: N/A 2/6J-U ~ ~ Development Departm~t irectV ~ City Manager's Signature PILOd~ C. among an 0 Ifector Ity Attorney / Fmance S:\Planning\SHARED\WP\PROJECTS\ARCHES@BB\SPTE06_011\Agenda Item Request Arches SPTE 06-01 I 12-5-06.doc Assistant to City Manager C/J1V S,IBUlJ..ETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-180 FROM: Chair and Members Community Redevelopment Agency Board Michael R~1.2----" Director of Planning and Zoning Gabriel Wuebben If W Planner '1 TO: THRU: DATE: September 8, 2006 PROJECT: The Arches / SPTE 06-011 REQUEST: Site Plan lime Extension PROJECT DESCRIPTION Property Owner: Boynton Ventures I, LLC Applicant / Agent: Ms. Bonnie Miskel with Ruden McClosky Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "AU) Existing Land Use! Zoning: Mixed Use Core (MX-C) ! Mixed Use High (MU-H) Proposed Uses: Request site plan time extension approval for a mixed use project consisting of 40,596 square feet of retail space and 378 condominium units on 4.688 acres. Acreage: 4.688 acres Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); Right-of-way for Southeast 2nd Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); South: East: Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and Right-of-way for Southeast 4th Street and still farther west is developed commercial properties zoned CBD. West: Page 2 Memorandum No. PZ 06-180 BACKGROUND Ms. Bonnie Miskel, agent for Boynton Ventures I, LLC, is requesting a one (1) year time extension for the Arches Site Plan and Height Exception development orders (MSPM 05-008 and HTEX 05-006), which were approved by the City Commission on September 6,2005. These approvals are valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extensions were approved, the expiration date, including concurrency certification, would be extended to September 6, 2007. According to the site plan staff report, The Arches was approved to construct a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and restaurant space). The height exception request was for certain rooftop elements that conceal mechanical equipment, elevator shafts and stairwells at a height of 167 feet, or 17 feet above the maximum height threshold of 150 feet. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request August 17, 2006 _ approximately three (3) weeks prior to the expiration of the site plan and height exception. According to the time extension application, Ms. Miskel indicates that they have completed a full set of plans and specifications for the project, at a cost of over $800,000, which has been delivered to the City for courtesy review. They have also performed the demolition and site clearing, completed a re-plat of the project which has been submitted to the City for review, and paid multiple fees associated with development including the following: the courtesy review fee; water/sewer capacity fees (approximately $350,000); BellSouth permit fee; demolition fees; and the fence permit fee. The project has been delayed by a series of apparently inevitable and unpredictable obstacles, resulting in previous site plan time extension applications and a major site plan modification. The latest pitfall, which has resulted in this application, is the delayed FPL review of the project and the relocation of its facilities. The applicant states this delay is a result of the hurricanes last year,and FPL's backlog has prevented a timely review of the Project. The applicant also has indicated that a major BellSouth utility was Identified on the site, and moving the utility would be extremely time consuming and financially unfeasible. Therefore, alterations to the project are necessary to move elevators, thus creating a delay of over 5 months. As such, they are requesting a one (1) year time extension to gain the necessary permits and begin construction. Although this project has been awarded two (2) previous site plan time extensions, the subsequent Major Site Plan Modification in effect resets the entire development clock and marks a departure point for what is essentially a new approval procedure. In this respect, this is the first site plan extension request for the revised project in accordance with the City of Boynton Beach Code of Ordinances. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. This project's traffic stUdy was sent to Palm Beach County Traffic Division for their review and approval. The Traffic Division determined that the proposed mixed-use project is located within the designated Boynton Beach Traffic Concurrency Exc;eption Area (TCEA), and therefore meets the Traffic 'erformance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the city after the build-out date of 2010. Since the applicant has what would appear to be adequate time remaining on the applicant's traffic concurrency, nothing further in this regard is needed at this time. The Page 3 Memorandum No. PZ 06-180 site plan time extension would still be subject to the original conditions of site plan and height exception approvals. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060 RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006). If these requests for extension were approved, the expiration date of both applications, including concurrency certification would be extended to September 6, 2007, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\ARCHES@ BB\SPTE 06-011\Arches SPTE 06-011 Staff Report.doc Exhibit nAn - THE ARCHES Location Map ((7 , y..- 110 55 0 ~-- 110 220 330 440 'Feet N w+. s EXHIBIT B __I Ruden ~I McClosky 200 EAST BROWARO BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDAlE, FLORIDA 33302 (954) 527-2475 FAX: (9S4) 333-4075 BONNIE.MISKEL@RUDEN.COM \o)r[ ~ ~ ~ :lrnl l~1 ~UG' ~~ L----- OEIP'AR-TMENI o~ (.E'JELOPMENl August 16,2006 VIA E-MAIL, FACSIMILE AND u.S. MAIL Mr. Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: The Arches (MSPM 05-008) Dear Mr. RlUllpf; The purpose of this letter is to request a one year time extension for the above referenced project. The date of the Development Order approval was September 6, 2005. The applicant is requesting the time extension because of unforeseen delays in the development process including the relocation ofFPL and project modifications required as a result of Bell South utility lines. The Developer had anticipated that it would take FPL several months to review the Project and the relocation of its facilities. Instead, as a consequence of the aftermath of the hurricanes last year, 500 Ocean Plaza formerly known as the Arches was caught in a backlog of projects requiring FPL signoff. Only recently, after a six month delay, has FPL signed off on the relocation of its facilities. In addition to the FPL relocation, the Developer has also been required to address the relocation of a major BellSouth fiber optic trunkline serving a substantial portion of the City of Boynton Beach. Since relocation was not economically feasible and would delay the project and inordinate amount of time, the Developer was required to substantially modify the plans and relocate the elevator banks to accommodate the BellSouth optic fiber trunkline without relocation. The process of identifying the BellSouth facilities, evaluating the ability to relocate same and the redesign of the Project to accommodate the BellSouth fiber optic tnmkline has delayed the Project more than five months. The Developer has completed a full set of plans and specifications for the Project which has cost the Developer more than $800,000.00 to prepare and has submitted same to the City for courtesy review. Additionally, issues were raised regarding the need to replat the Project. The Developer had its engineers prepare a replat of the Project which has been submitted to the City FTL:1885170:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH ~r. ~ichaelFlumpf City of Boynton Beach August 16,2006 Page 2 for review. The applicant has paid multiple fees associated with the development of this project including: the courtesy review fee; water/sewer capacity fees (approximately $350,000.00); BellSouth permit fee; fees to demolish existing structure on the site; and the fence permit fee. As significant unforeseen difficulties have arisen, a one year time extension is reasonable. Should you have any questions or concerns related to this letter, please feel free to calI me. BLMlbab Sincerely, \~~ck~ ~/4L Bonnie 1. ~iskel {bA.. b ) FTL:1885170:1 C4.RACAS . n.LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT S1.LUClE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. EXHIBIT "e" Conditions of Approval Project name: 500 Ocean (fka The Arches) File number: SPTE 06-011 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Geoeral 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: .~--~_._--~._--- I. The time extension is subject to the original Conditions of Approval. X .--" 500 Ocean (lka The Arches) SPTE 06-0 II Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Commenls: To be detennined. S:IPlanningISHAREDlWPIPROJECTSIARCHES @ BBISPTE 06-011\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 500 Ocean (fka The Arches) APPLICANT: Boynton Ventures I, LLC APPLICANT'S AGENT: Bonnie Miskel with Ruden McClosky AGENT'S ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2006 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the major site plan modificalion (MSPM 05-008) and height exception (HTEX 05-006) to September 6, 2007 LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO 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 Ihe 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:IPlanningISHAREOIWPIPROJECTSlARCHES @ BBISPTE 06-011 100.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 14, 2006 Motion Ms. Horenburger moved approval of the height exception for a height of 19 feet to allow for a total height of 94 feet to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles, to exceed the maximum building height of 75 feet on the MU-L3 zoning district. Ms. Heavilin seconded the motion that passed 5-2, Vice Chair Norem and Mr. Myott dissenting. C. Site Plan Time Extension 1. Project: Agent: Owner: Location: Arches (SPTE 06-011) Ruden McClosky, Smith, Schuster & Russell, P.A. Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for a 12-month site plan time extension for site plan approval granted on September 6, 2005, to extend site plan approval from September 6, 2006 to September 6, 2007. Description: Gabriel Webb, Planner, reported Boynton Ventures LLC was requesting a one year site plan time extension for The Arches site plan and height exception development orders, which were approved by the City Commission on September 6, 2005. The project had been delayed by a series of apparently inevitable and unpredictable obstacles, resulting in previous site plan time extension applications and a major site plan modification. However, the developer had completed a full set of plans and specifications for the project at a cost of over $800K, which had been delivered to the City for a courtesy review. They performed demolition and site clearing, completed a replat of the project, which was also submitted to the City for review and paid multiple fees associated with the development. Although it had been awarded two previous site plan time extensions, the major site plan modification in effect begins an entirely new development clock and marks a new departure pOint for which is, essentially, a new approval procedure. In this respect, this is essentially the first site plan time extension for this project. Traffic concurrency was not a problem. They should have adequate time to complete the project in the given time. No new land development regulations were now in place against which the project should be reviewed or modified. Regarding the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060. Staff recommended approval of the major site plan modification 'and height exception. Bonnie Miskel appeared on behalf of the applicant. Shortly after the project received approval, they began preparing construction drawings for the Building Department. During that submittal, they had to obtain certain approvals through FPL and Bell South. At the time they approached Bell South, Bell South advised them of utilities that had not been previously identified either by their surveyor or the City. They learned of a major, massive trunk line that would either need to be relocated or they would have to work out a way to get around it. The costs of the relocation were incredible, beyond feasibly economically, so they commenced to retrofit their site in order to work around it. Hence, the permit drawings were held up. All that had been done and they had submitted for courtesy review, from which they should get comments shortly. Also during the permitting process a new comment arose through the Engineering Department requiring them to replat, notwithstanding that the Code did not require it nor was that a condition to the site plan approval. They were forced to go back and prepare 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 14, 2006 a plat mylar, which they had done and submitted to the City. They had gotten comments back and it was now in their court to make revisions. This had all cost them time they could not have anticipated nor could they have afforded. Chair Tillman opened the floor to the public for comments, closing it when no one wished to speak. Ms. Heavilin asked what the timeframe was for building now. Ms. Miskel stated the plans had been submitted and when they were permitted, it was the developer's intention to commence. There was no intention to delay, even though the market was weak. Ms. Heavilin asked when they would be opening the sales office. Ms. Miskel responded the trailer had been located on the site, but she did not know the answer to that question. Ms. Bright commented 500 Ocean Avenue Plaza was open and she would try to arrange a tour for the board. Motion Vice Chair Norem moved to approve the request for a 12-month site plan time extension for site plan approval granted on September 6, 2005, to extend site plan approval from September 6, 2006 to September 6,2007. Mr. Myott seconded the motion that passed 7-0. VIII. Pulled Consent Agenda Items A. Aporoval of the Minutes - CRA Board Meetina - October 25. 2006 Attorney Spillias suggested a correction to page 26 in the second paragraph, third line, where the attorney's name should be "Worsham." On page 30, third paragraph, first line, the same correction should be made. On page 34, the name of the church should be Jesus House of Worship. Motion Vice Chair Norem moved to accept the minutes with the listed changes. Ms. Horenburger seconded the motion that passed 7-0. C. ADDroval of Budaet Amendments Mr. Sims inquired whether the salary adjustments were retroactive. Ms. Susan Harris, Financial Assistant and H.R. Administrator, stated it would be retroactive back to October 1, which was the beginning of the budget year. Motion Ms. Horenburger moved to approve Consent Agenda Item C. Vice Chair Norem seconded the motion that passed 7-0. E. Uodate on CRA Boundaries Ms. Brooks stated the CRA boundaries had not been amended as projects in the south end of the CRA area had been annexed into the City. This was informational. No action was required. Staff would send its findings to the City with a list of identified projects. The City would have to do a CRA boundary amendment, which only they could do. It would then go to the property Appraiser so those properties would then put revenue back into the CRA. 16 .. ...cr . y VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Corrunission Date Final Form Must be Turned Mcetine: Dates in to City Clerk's Office MeetinlZ Dates in to City Clerk's Office IZ:l December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, Z007 (Noon) 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) 0 February 6, 2007 January 16, 2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business IZ:l Public Hearing 0 EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: RECOMMENDATION: Please place this request on the December 5, 2006 City COImnission Agenda under Public Hearing. The Community Redevelopment Agency Board on November 14,2006 recommended that this r~uest he approved. For further details pertaining to the request, see attached Department Memorandum No. 06-195. 0"' ~~ :z: -<0 <::) (") "Tl <<: rl;D mC) Ul ;:0-< ;:>;;:z: ';.0. ui-4 :x 0 0% Mary Ann Monnin C? :::la> 615 NE 3" Street ~ (")~ Request for a new site plan approval to construct a 3,433 square foot commercIal re~ and contractor office/warehouse building and related site improvements on 0.34 acre in the C-4 (General Commercial) zoning district. Denmar Building (NWSP 06-024) George Brewer, Brewer Architecture, Inc. PROGRAM IMPACT: NfA FISCAL IMPACT: NfA ALTERNATIVES: NfA Z:v 60/- ~ Development Departme Irector ~- Assistant to City Manager ~ ;;L.v ~ Planning and Zoning irector City Attorney f Finance S:\Planning\SHARED\WP\PROJECTS\DenmaT Bldg (fka Boynton Retail)\NWSP 06-024\Agenda Item Request Denmar Bldg NWSP 06-024 12.5-06.doc S.IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-195 STAFF REPORT Chair and Members of the Community Redevelopment Agency Board and City Commission Michael Rump~ Planning and Zoning Director Kathleen Zeitler t"0 Planner November 7,2006 Denmar Building / NWSP 06-024 New Site Plan Property Owner: Agent/ Applicant: Location: PROJECT DESCRIPTION Mary Ann Monnin George Brewer of Brewer Architecture, Inc. / Mary Ann Monnin 617 NE 3'd Street (see Exhibit "A" - Location Map) Existing Land Use/Zoning: General Commercial (GC) / General Commercial (C-4) Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: No change Request new site plan approval to construct a 3,433 square foot building for retail showrooms, contractor offices, and indoor storage 0.34-acre (14,975 square feet) Two developed commercial parcels (Paper Roll Products) classified General Commercial (GC) and zoned General Commercial (C-4); A developed 7,500 square foot parcel classified General Commercial (GC) and zoned General Commercial (C-4) with a residence; Right-of-way for NE 3'd Street, and farther east a vacant 0.43-acre parcel classified General Commercial (GC) and zoned General Commercial (C-4); and, A vacant 8,302 square foot parcel classified General Commercial (GC) and zoned General Commercial (C-4). Slaff Report - Denmar Building (NWSP 06-024) Memorandum No PZ 06-195 Page 2 Site: According to the survey, the subject site consists of lots 71 and 72 of Arden Park which have been combined into a 0.34-acre parcel. The subject property is described as a vacant, undeveloped commercial parcel. The survey indicates that a portion of road right-of-way, which traversed in a southwesterly direction adjacent to NE 3rd Street, was abandoned by the City pursuant to Ordinance No. 294 in April, 1957 according to the plat of Arden Park (Plat Book 2, Page 96). In May, 2006 the Applicant petitioned the City to abandon a lO-foot wide unimproved alley located adjacent to the north property line of the subject property (ABAN 06-006). The alley was abandoned, conditioned upon the dedication of a 5-foot utility easement. The current survey indicates a 5-foot wide utility easement runs in an east-west direction along the north property line. This utility easement would not be altered by the proposed development and would remain in its current state. Proposal: Concurrency: Traffic: School: Police I Fire: Utilities: BACKGROUND The Applicant is requesting new site plan approval for the construction of a one- story 3,433 square foot commercial building (to include a retail showroom, and contractor offices with indoor storage) on the 0.34-acre parcel. The interior of the proposed building will be divided into four (4) business suites, each ranging from 810 to 1,000 square feet. ANALYSIS A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated August 14, 2006, Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards. The project is estimated to generate 161 new daily trips and has a build-out date of 2007. School concurrency is not required for this type of project. Staff reviewed the site plan and determined that current staffing ievels would be sufficient to meet the expected demand for services. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending on the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Staff Report - Denmar Building (NWSP 06-024) Memorandum No PZ 06-195 Page 3 Drainage: Driveways: Parking: Landscaping: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). The site plan (sheet SP-1) shows one (1) point of access is proposed from NE 3cd Street. The proposed driveway would be 25 feet in width and provide ingress and egress. According to the Land Development Regulations, parking space requirements shall be computed separately for each principal use. Suites 1-2 are proposed as retail use and would require one (1) parking space per 200 square feet, or eight (8) spaces based on 1,620 square feet. Suites 3-4 are proposed as warehouse use for contractors and would require one (1) parking space per 800 square feet, or four (4) spaces based on 1,813 square feet. The site plan (Sheet SP-1) data indicates a total of 12 parking spaces are required on site for the uses proposed. The site plan depicts a total of 12 parking spaces, including one (1) space designated for handicap use. A 12 foot by 35 foot loading space has also been provided at the west end of the proposed building. All parking spaces, excluding the handicap space and the loading zone, would be dimensioned nine (9) feet in width and 18 feet in length. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. The entire parking lot, including the handicap space and loading zone is proposed as brick pavers set in sand in a herringbone pattern. A walkway of brick pavers would also be located along the sides and rear of the building, providing pedestrian circulation as well as handicap accessibility. The use of brick pavers for all these areas is understood to be the proposed contribution to the requirement for Art in Public Places. The proposed open space or "pervious" area would be 3,968 square feet, or 26.5% of the total lot. The perimeter landscape buffer adjacent to the right-of-way of NE 3rt! Street would be approximately seven (7) feet wide. The landscape plan (sheet L-1) shows that this buffer would contain four (4) Purple Glory Trees, 12 to 14 feet in height. These signature trees would require six (6) feet of clear trunk when installed within the safe-sight triangle, as noted on the landscape plan. The right- of-way landscape buffer would also contain a row of Redtip Cocoplum hedges and Lilly Turf shrubs planted in groups. The western perimeter buffer would be two and one-half (2 Y2) feet in width and would include Live Oak shade trees and clusters of Sabal palm trees with a row of Redtip Cocoplum hedges installed at the base. The northern perimeter buffer is the same width and would contain the same plant material as the western perimeter buffer. The southern perimeter buffer would be two and one-half (2 112) feet in width and would contain a row of Redtip Cocoplum hedges. Foundation landscaping around the building would include Lady Palms, Pinwheel Jasmine, Cocoplum, and Lilly Turf. Enclosed areas for roll out carts, storage bins, Staff Report - Denmar Building (NWSP 06-024) Memorandum No PZ 06-195 Page 4 and recycle bins located at the southwest corner of the site would be screened by landscaping through a combination of perimeter landscape buffers and landscape islands within the parking lot. All landscaping on site would be irrigated with an approved system connected to a non-potable water source. An existing five (5) foot chain link fence along the north, west, and south property lines will remain. Building and Site: The proposed building location on site complies with minimum setback requirements (25 feet front, 20 feet rear, and 15 feet side) of the C-4 zoning district. The proposed building is 3,433 square feet with a 23% lot coverage, which complies with the maximum lot coverage (40%) allowed in the C-4 zoning district. The proposed building has been designed as a one (1)-story structure. The elevations (sheet A- 3) show the top of the parapet wall at 20 feet in height, well below the maximum of 45 feet allowed in the C-4 zoning district. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The floor plan for the building (sheet A-1) shows that the building would be divided into four (4) separate interior spaces for tenants, with bay sizes ranging from 810 to 1,000 square feet in area. Suites 1 and 2 are proposed as retail uses and include large storefront windows under a steel-framed awning. Suites 3 and 4 are proposed as contractor warehouse storage and include garage doors under a steel-framed awning. Each suite has a separate entry door in front and a separate rear door which is handicap accessible. Windows in the rear of the building are glass block. The exterior building design is compatible with the surrounding built environment in compliance with the Community Design Plan guidelines. The building entrances are enhanced by parapet roofs, large windows with fabric awnings, and these same features are mirrored on the east side of the building near NE 3rd Street. Visual interest has been added to the proposed building through the use of architectural details such stucco walis, scoring lines, and a decorative parapet roof. Building colors are neutral and include Sherwin William colors. According to the exterior finish color schedule, the main body color of the building would be light beige: "Ivoire" (SW 6127). The secondary wall color is proposed as a green: "Alchemy" (SW 6395). The front and side elevations (south and east) are depicted with canvas awnings over the doors and windows. These awnings are proposed as a black and tan striped fabric material. The neutral color palette proposed will be harmonious with surrounding developments. Lighting: The photometric plan (sheet LP-1) proposes freestanding lighting fixtures, as well as wall mounted lighting fixtures. The freestanding pole fixtures would be 16 feet in height and would be located at the access point and in the parking area. The freestanding lights would be silver fiberglass poles designed for a windload of 140 miles per hour. The front and rear of the building would include decorative wall- mounted lights near each door, as well as wall packs for security lighting. All proposed lighting will be shielded to direct light down and away from adjacent properties and rights-of-way. Staff Report - Denmar Building (NWSP 06-024) Memorandum No PZ 06-195 Page 5 Signage: No freestanding or wall signs are proposed at this time. Art: In compliance with the newly adopted requirement for developments to provide public art work, the applicant proposes the art to be the entire parking lot. The applicant is the owner of a brick paver business and proposes to design a parking lot of pavers, in an interesting pattern with different paver types and colors. This artwork will enhance the ambiance of the proposed development. Ultimate review and approval of the artist and artwork is still pending by the Arts Commission. RECOMMENDATION: The Technical Advisory Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\NE 3'" ST\NWSP\Staff Report.doc Exhibit "A" - Denmar Building Location Map ij~'k>: ., " , :- ~l -I l I ". .. "",',' ..',. . ... .l:; 0) -- D[i] 1If-] CIl E E o (;) (f) 130 65 0 r"\.a-_ 130 260 390 520 'Feet N w+" s '~Ii \ ~;ll.i !I!~ i Hur, ~ ~I~ i un f~s 1:; ~ ' ,;.!l ;llq ~J tAl I;il I' i i~ I!~ 1101 ~ .pq g ~x!~11 a ;'q1 ~lllla npl ~. J ~ J . ~ I~I~ DI!G !:iilijB ~!. 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BUIlDING I 617 N.E. 3RD STREET BOYNTON BEACH. Fl 33455 u; ~I Ui II -I ~I ~I ~ Z : ~ =. 0 ' lqIj ~:;:tl i ~> :1 >-3 ~ ~ !, .. ~ ! ~ ,li I:~, z t'b<}(il,t'ih/ ~ " ~ I';)i:;j;;':;'!:l'; ~ Ii \ Ii ! ~~ >-:l tn' ~ <' ~ ~ Ii ~I ; ~I , , II " " ' , I: ~ ',/ , , , , ~III I ' , II IIi / "" ' , , , , , , ij " .. : I i ' , , , , , I ' , , , , , , , , ! I ~ I I , , ~ ~I , II I f ~I R (I i ~I ~ \ 1 ~~, I , , ~ 1 ~ flU I 6J if If I ~: In Ui -I EXHIBIT "S ~C/) ~O ~~ .tn ~ ~ ~ ~I II ~I , I Ii ~i . ~tl:.~Mf ." "";1," ;:;;~>r " .. . .~.. <.1':~l~ I; H " f i II I H Ii i II' ~ . M., ..1. "...... . ,..' .,.... " .'~ . "'.. / .:.,~ '.:.1 .... ., r...' ,",. " 1 /~-':?~.':~.<;:' >~::.: . R (! ~I ~ i (I i ~U! , ~ DENMAR BUILDING I OFFlCll/RETAIlIWARI!HOUSEBUlLDING I 617 N.E. 3RD STRIET BOYNTON BEACH. Fl 33455 '-II: I.S II~ I=~ EXHIBIT "B 111m il~1 II:~~ III! III "I. lilla !Iua III glU ~!a li~ i!li ,b iil I Ii ~ - f a ~ 'II ts lu ~I II I I I~I .i. I' I! j I .d....'~ lpnnl iii1iijl! 11,'lIs !~I PPlIlI I' IS IS l'l! I ~! I ....JUI I' P1hHi ~I~I ;'11&=_ Ii I I i~: ~iiI m; I DENMAR BUILDING li;~ III 10000000/RID'AIUWARBHOUSBBUlLDING I 617NE JRDSTREET BOYNTON BEACH. Fl 33'\35 EXHIBIT "C" - CONDITIONS OF APPROVAL New Site Plan Project name: Denmar Building File number: NWSP 06-024 Reference: 2nd review plans identified as a New Site Plan wiIh an October 17. 2006 Planning and Zoning Department date stamu marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS -Solid Waste Comments: None X . PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 1. All utility easements and utility lines shall be shown on the landscape plans X so that we may determine which appurtenances, trees or shrubbery may interfere with ulilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18. I gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 4. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to Ihe City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. CONDITIONS OF APPROVAL DENMAR BUILDING NWSP 06-024 PAGE 2 I I DEPARTMENTS INCLUDE REJECT 5. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. Utility construction details will not be reviewed for construction acceptability X 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) and will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 7. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 8. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure thaI additional comments may not be generated by the Commission and at permit review. 9. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required and reviewed at the time of permitting. 10. 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. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: CONDITIONS OF APPROVAL DENMAR BUILDING NWSP 06-024 PAGE 3 DEPARTMENTS INCLUDE REJECT I I. 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 2004 FBC, Section 1609 (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. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. Add 10 the building that is depicted on the drawing titled site plan and floor X plan a labeled symbol that identifies the location of the handicap-accessible entrance doors 10 each tenant space. 2004 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 14. IdentifY wilhin the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. VerifY that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: . The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." . From the FIRM map, identifY in the site data the title of the flood zone that the building is located within. Where applicable, specifY the base flood elevation. If there is no base flood elevation, indicate that on the plans. 15. Add to the submittal a partial elevation view drawing of the proposed X perimeter fence. IdentifY the type of fence material and. the type of material that supports the fence, including the typical distance between supports. Also, provide a typical section view drawing of the fence that includes the depth Ihat the fence supports are below finish grade and the height that the fence is above finish grade. The location and height of the fence shall comply with the fence regulations specified in the Zoning Code. 16. 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. 17. A water-use permit from SFWMD is required for an irrigation system that X utilizes waler 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. 18. 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 proyided at the time of build in I( permit application: CONDITIONS OF APPROY AL DENMAR BUILDING NWSP 06-024 PAGE 4 I I DEPARTMENTS INCLUDE REJECT 0 The full name of the project as it appears on the Development Order and the Cornnrission-approved site plan. 0 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) 19. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 20. Pursuant to approval by the City Cornnrission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 21. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. 0 Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald ~ 561-233-5013) 0 United States Post Office, Boynton Beach (Michelle Bullard ~ 561-734-0872) 22. Drinking fountains are required in each bay per the 2004 FBC, Plumbing, X Table 403.1. Drinking fountains shall be handicap accessible. 23. This is a mixed occupancy building. Occupancy separation shall be required X per 2004 FBC, Table 302.3.2, Footnote #B. PARKS AND RECREATION -- Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING -- Comments: CONDITIONS OF APPROVAL DENMAR BUILDING NWSP 06-024 PAGE 5 DEPARTMENTS INCLUDE REJECT 24. Revise building elevations to include colors and materials proposed for X building walls, trim, roof, awnings, garage doors, etc. with paint manufacturer, name color of paint and paint code (i.e. Sherwin Williams "Ivoire SW 6127") . COMMUNITY REDEVELOPMENT AGENCY STAFF COMMENTS Commenls: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: None X ADDITIONAL CITY COMMISSION COMMENTS Comments: To be determined. MWR/k:z S:IPlanningISHAREDlWPIPROJECTSINE 3rd Street INWSP 06-024ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Denmar Building APPLICANT: Mary Ann Monnin APPLICANT'S AGENT: George Brewer, Brewer Architecture, Inc. AGENT'S ADDRESS: 85 SE 4th Ave, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 3,433 square foot commercial building on a O.34-acre parcel in the General Commercial (C-4) zoning district. LOCATION OF PROPERTY: 617 NE 3rd Street (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 suggesled 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\NE 3'" SI\NWSP\DOdoc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 14, 2006 Attorney Spillias explained the quasi-judicial public hearing procedures .and swore in those who might speak at the meeting. C. Denmar Buildina - New Site Plan 1. Project: Agent: Owner: Location: Description: Denman Building (NWSP 06-024) George Brewer, Brewer Architecture, Inc. Mary Ann Monnin 615 N.E. 3rd Street Request for a new site plan approval to construct a 3,433 square foot commercial retail and contractor office/warehouse building and related site improvements on 0.34 acre in the C-4, General Commercial, zoning district. Kathleen Zeitler, Planner, displayed the site plan. The project was a single story building divided into four bays to include a retail showroom and contractor offices with indoor storage. The bay doors would not be facing the street. A thorough staff review found the project complied with all Land Development regulations. Staff recommended approval with 24 conditions of approval. George Brewer, Brewer Architecture, Inc., declared they were in agreement with all conditions of approval. Chair Tillman opened the floor to the public to speak on this item, closing it when no one came forward. Motion Ms. Horenburger moved approval of Item C with all conditions attached. Vice Chair Norem seconded the motion that passed 7-0. B. Rezonina 1. Project: Agent: Ellipse (Sunshine Square)(REZN 06-008) Bonnie Miskel, Esq. And Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Southwest corner of Federal Highway and Woolbright Road Request to rezone from Community Commercial (C- 3) to Mixed Use Low Intensity 3 (MU-L3) for a proposed mixed-use project on 14.43 acres. Owner: Location: Description: New Site Plan 2. Project: Agent: Ellipse (Sunshine Square) (NWSP 06-021) Bonnie Miskel, Esq. and Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Owner: 6 ..cr CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORln VIII.-PUBLIC HEARING ITEM C. Requested City Commission Date Final Form Must be Turned Meetinll Dates in to Citv Clerk's Office IZ:l December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 0 January 16.2007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16, 2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meetinll Dates in to Citv ~erk's Office February 20, 2007 February 5, 2007 (Noon) March 6, 2007 February 20,2007 (Noon) NATURE OF AGENDA ITEM o o o o IZ:l AnnouncementslPresentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business o ." :x rs; I'\,) W (") 0::; .::;-< -<0 0"'" .~co mo ~-< .2 (J) -; 00 ..,.,z ....00 -rn ~.;b <"> ::r March 20, 1007 March 5, 2007 (Noon) ~ ::!: March 19,2007 (Noon) ~ I'\,) \J:) April 3, 2007 RECOMMENDATION: Please place this request on the December 5, 2006 City Conunission Agenqa under Public Hearing. The Community Redevelopment Agency Board on November 14, 2006, recommended that this request be approved and the Planning and Development Board on November 28th, recommended that this request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-198. EXPLANATION: The Evaluation and Approved report (EAR) was approved by the City and transmitted to the DCA in December of2005. Various deficiencies were identified by the State, which have been addressed and the report has been enhanced accordingly, including the addition of affordable housing as an issue and insertion of the corresponding analysis. Since receiving feedback from the DCA, staff has communicated regularly with state reviewers to clatil)' state comments and confirm staff direction to address all noted deficiencies. Staff respectfully requests the expeditious processing of this item to facilitate its approval and return to the DCA within the current calendar year. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ N/A 'ffJJ4 Developml:1lt ep rtment Director ~ - City Manager's Signature Assistant to City Manager (;/JI(/ ~~~~irector S:\Planning\HUDSON\EAR Il\Agenda Item Request EAR Report Revision 12-5-06.doc City Attomey / Finance So\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT Planning & Zoning Division Memorandum No. PZ 06-198 TO: Chair and Members Planning and Development Board Community Redevelopment Agency Board and Mayor and City Commission \. FROM: Hanna Matras Economic Pla~ner \~ Michael W. RU~ Director of Planning and Zoning THROUGH: DATE: November 1, 2006 SUBJECT: Revised Evaluation and Appraisal Report Every seven years, the State requires that each local government complete a review of its Comprehensive Plan. You may recall that in 2004 City staff held "seoping" workshops with you to identify any growth management issues affecting the City of Boynton Beach as a prelude to developing the Evaluation and Appraisal Report. The EAR report was adopted and transmitted to the Department of Community Affairs in December of 2005. DCA completed the review of the report in March of 2006 and, based on criteria set forth in Chapter 163, Part II, Section 3191(6), Florida Statutes, determined it to be "insufficient". The DCA letter dated March 14, 2006, identifies several deficiencies, including: . Lack of financial feasibility analysis for the Comprehensive Plan-determined improvements necessary to maintain adopted LOS standards; . Lack of review of changes to statutes, rules and Strategic Policy Plan and their relevance upon the City's Plan; and . Lack of analysis of successes and shortcomings of each Plan's element. Moreover, DCA was critical of the process that led to the identification of sanitary sewer capacity as the only "Major Issue" that would receive special attention through the evaluation process. Attached you will find the final draft of the revised Evaluation and Appraisal Report, which addresses these deficiencies. In particular, the shortage of workforce housing has been recognized as the other "Major Issue" facing the city. As per an agreement between staff and DCA, over the past few months DCA conducted a prelimin.ary courtesy review, and, based on verbal communications, no deficiencies have been found to date. It is possible however, that after the boards' review and prior to the City Commission public hearing on December 5,2006, minor changes will have to be made to the report. It is not anticipated that any such changes would have a significant effect oob~~ ~ The statutes allow for adoption of the EAR by either resolution or ordinance. Since a resolution requires only a single public hearing for adoption, we are requesting that in the interest of time, the report be adopted by resolution. Once the EAR is adopted by the City it will be transmitted to DCA for their formal "sufficiency" review. The DCA has 60 days to complete the review and issue preliminary comments regarding the finding of sufficiency. The final Finding of Sufficiency will be issued approximately 30 days later, or 90 days after they receive the adopted report. The final step in the process will be revisions to the Comprehensive Plan, based on findings and recommendations in the EAR. These are due 12 months after the finding of sufficiency. Should we not, for some reason, adopt and transmit the revised Evaluation and Appraisal Report, the State will refuse to accept any Comprehensive Plan amendments, either small scale or large scale, until the report is adopted and transmitted. S:\Plannlng\HUDSON\EAR lI\Adoptjon Tral'lSmltta1 Memo 2006.doc 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 '\ Kurt Bressner, City Manager Quintus Greene, Development Director Michael Rumpf, Planning and Zoning Director Table of Contents Table of Contents .......... .......................................................... ....................... ........... i Map Appendix ............ ....................................... ................................... ....... ............. Hi List of Tables.......... ............. ........ .... .................................. ....................... ::".. .......... iv Chapter 1- INTRODUmON AND IDENTIFICATION OF MAJOR ISSUES 1. Introduction ........................................................................................... 1-1 2. Public Participation Process .....................................................................1-2 3. Identification of Major Issues ................................................................. 1-3 Chapter 2 - CONSISTENCY WITH STATE AND REGIONAL PLANS 1. Consistency requirements ....................................................................... 2-1 2. State Comprehensive Plan....................................................................... 2-1 3. Treasure Coast Strategic Regional Policy Plan........................................... 2-2 4. Chapter 163, F.5. and Rule 9]-5, F.A.C. ................................................... 2-2 Chapter 3 - LAND USE AND POPULATION ANALYSIS 1. Population Analysis .................................................................................3-1 2. Land Use Analysis...................................................................................3-4 Chapter 4 - Assessment of Plan Elements 1. Future Land Use Element........................................................................ 4-1 2. Transportation Element.. ......... ............................................... .......... ....... 4-7 3. Utilities Element ...................................................................................4-12 Sanitary Sewer Sub-Element ............................................................ 4-12 Stormwater Sub-Element ..... .................... ............... ......... ........... ..... 4-14 Potable Water Sub-Element.............................................................. 4-15 Natural Groundwater Aquifer Recharge Sub-Element......................... 4-16 Solid Waste Sub-Element .................................................................4-16 Conservation Element ....... ................................... .......... .......... ........ ......... 4-17 Recreation and Open Space Element ......................................................... 4-19 Housing Element..................;................................................................... 4-21 Coastal Management Element ...................................................................4-25 Intergovernmental Coordination Element ................................................... 4-29 Capital Improvements Element.......... ........... ...... ........... ..... ...... .... ............. 4-34 Public School Facilities Element ................................................................. 4-41 Chapter 5 - SPECIAL TOPICS 1. Demands of Growth: Concurrency Management and Financial Feasibility of Providing Needed Infrastructure .......................................... 5-1 2. Long-Term Water Supply and Comprehensive Plan .................................5-12 3. Redevelopment in High Hazard Coastal Areas......................................... 5-14 City of Boynton Beach December 5,2006 Evaluation and Appraisal Report 4. School Concurrency and Planning. ......................................................... 5-15 5. Implementation of TCEA. .....................................................................; 5-15 6. Trafficlmpact Methodology ..................................................................5-15 '\ City of Boynton Beach December 5, 2006 ii Evaluation and Appraisal Report APPENDIX 1. MAP A: Future Land Use Map with TCEA 2. MAP B: Vacant Parcels 3. MAP C: Residential and Mixed Use Projects Approved on Sites Intended for Industrial Uses 4. MAP D: Development and Redevelopment Activity Along US-l Corr~r City of Boynton Beach December 5, 2006 iii Evaluation and Appraisal Report List of Tables Table 1 Changes to Chapter 163, F.5., 1997-2005...........................................2-3 Table 2 Changes to Rule 9J-5, F.A.C. ............................................................ 2-27 Table 3 Average Annual Growth Rates, 1960-2005, with chart ......................... 3-1 Table 4 Pop~lati~n Growt;h, 2~0~ Census and 20?1-2005 Estimates, Wi~hart. 3-1 Table 5 Residential Permit ActiVity 1991-2005, with chart ................................ 3-2 Table 6 Population Projections vs. Revised Estimates, with chart...................... 3-3 Table 7 Existing Land Uses on Developed Parcels............................................ 3-5 Table 8 Vacant Developable Land by Land Use Category, 2005........................ 3-6 City of Boynton Beach December 5,2006 iv Evaluation and Appraisal Report "\. The City of Boynton Beach is located in southern Palm Beach County, with the Town of HYPo/uxo to the north, the City of Delray Beach to the south and the towns of Ocean Ridge and Briny Breezes to the east. Lands to the west oL the. City are in . unincorporated Palm Beach County. It is the third largest city in Palm ~ch County and has a number of location advantages which contribute significantly to its overall economic potential. · The city is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida's rapidly growing tri-county Dade/Broward/Pa/m Beach metropolitan areas. · The city has direct access to the Intracoastal Waterway and both Interstate 95 and the Florida Turnpike. It also has a market of over 6.5 million people within a 100 mile radius of the city and ready access to three international airports, three major seaports, two major rail lines as well as the Tri-Rail commuter rail system. The original plan for the City was recorded on September 3, 1898, and contained 160 acres, although the town was not incorporated until 1920. TocIay the land area of the incorporated City is approximately 16.4 square miles; the city Utilities Department, however, provides water and sewer services to an additional land area of approximately 33,000 acres. The City's 2004 population is estimated at 65,208 permanent residents, with a seasonal population estimated at 5,299 persons. The City was traditionally considered a low-density, low-rise community; however, in recent years Boynton Beach has focused on encouraging the redevelopment of the City's coastal area and in the Community Redevelopment Area. Mixed use regulations drafted to implement the City's vision, which began with the 20/20 Redevelopment Master Plan in 1998, have dramatically increased the allowable densities and intensities of development in these areas. In addition, the City has provided similar incentives to encourage mixed use development and redevelopment in more suburban areas of the City, to offset the patterns of sprawl that had been previously embraced. The City of Boynton Beach adopted- its first Comprehensive Plan in 1962. Updated Comprehensive Plans were adopted in 1972, 1977. In 1986, the City prepared an Evaluation and Appraisal Report (EAR) of the 1977 Plan, pursuant to the State of Florida Local Government Comorehensive Plannina act of 1975 as amended. The 1989 City of Bovnton Beach Comorehensive Plan was adopted partly in response to the 1986 EAR and also to meet the State's minimum criteria for comprehensive plans found in Rule 93-5 F.A.C. as adopted in 1986. Pursuant to the requirements of the same Rule, as amended, the previous Evaluation and Appraisal Report of the 1989 Comprehensive Plan was adopted in 1996 and updating amendments to the Comprehensive Plan resulting from that report were adopted in 2000. Oty of Boynton Beach December 5, 2006 1-1 Evaluation and Appraisal Report Introduction and Identification of Major Issues The Evaluation and Appraisal Report of the 2000 Comprehensive Plan was adopted in December of 2005 and subsequently submitted to the Department of Community Affairs for sufficiency review. On February, 2006, the City received the preliminary Sufficiency Determination letter from the Department, concluding that its EAR report is insufficient. Final Sufficiency Determination letter was received on March 14, 2006. , This EAR report has been revised and addresses the indicated deficiencies. it- has been prepared to meet the requirements of Section 163.3191, F.5., that were adopted "to ensure the comprehensive plan is modified to reflect changes in the law, to respond to unanticipated problems and opportunities within . . .(the) . . . community and to address any major issues recognized by . . . citizens and government officials." In accordance with Section 163,3191(2)0), F.S., the City of Boynton Beach was required to submit a summary of the public participation activities involved in the preparation of the Evaluation and Appraisal Report. The table on the following page outlines the workshops and public hearings that were involved in the identification of the major issue and the preparation of the EAR. TABLE 1. Pu c Particination Process Date Activitv Notice June 1. 2004 Plannino staff "seopino" meetino In-house meetino June 14,2004 Staff meeting (including department In-house meeting directors) on preliminary list of major Issues June 17, 2004 Public Workshop including Community Advertised in local section of Redevelopment Agency Board and newspaper Planning and Development Board: identification of major issues August 9,2004 Public Workshop Including City Advertised in local section of Commission and both advisory boards newspaper (CRA and P&D): identification of major issues November 22, Planning and Development Board public Meeting notice posted 2005 hearina on draft EAR November 29, Community Redevelopment Agency Board Meeting notice posted 2005 Dubllc hearina on draft EAR December 9, City Commission adoption public hearing Advertised in local section of 2005 on EAR newsDaoer bit No scoping meeting with state, regional or local agencies were held. City of Boynton Beach December 5, 2006 1-2 Evaluation and Appraisal Report Introduction and Identification of Major Issues ISSUE I: Wastewater Treatment CaDac~ Issue Framework ." The City of Boynton Beach owns, operates and maintains a wastewater collection and conveyance system to serve its customers. Wastewater treatment is a joint effort carried out under an interlocal agreement with the City of Delray Beach with each city sharing equally in treatment capacity and costs of operation. Forecast population increases within the City's service area will result in increased capacity demands, beyond the City's allocation of the treatment capacity. A portion of this increased capacity demand is caused by groundwater Infiltration and inflow into the collection and conveyance system as evidenced by the fact that the City's peak monthly flow to the plant was during September 2004 when there were 2 hurricane occurrences in our area and the rainfall for the month was 25 inches. Short- and Long-Term Implications of This Issue The Regional Wastewater Treatment Facility has V4 its total capacity available to meet the demands of both the City of Boynton Beach and the City of Delray Beach for the 10- year planning horizon, but this may not be sufficient for buildout. Sufficient land is available within the existing site to expand the treatment facility, which may be necessary to meet the capacity demands at buildout. Alternatives to Address the Issue Increased demands for wastewater system capacity may be addressed by the City of Boynton Beach through a combination of reducing groundwater infiltration and inflow into the gravity sewer component of the system and securing an increase in treatment capacity from the South Central Regional Wastewater Treatment and Disposal Facility, The Boynton Beach Utilities Department is prepared to proceed with a sanitary sewer rehabilitation program in the near fUture that will address that component of ground water infiltration and inflow determined to be cost-effective to eliminate. Upon determining the ultimate additional capacity made available as a result of implementing the sanitary sewer rehabilitation program, an estimate of additional treatment capacity needed from the South Central Facility may be determined and secured. This additional treatment capacity will be determined as a result of population projections provided by the City's Planning and Zoning Department. City of Boynton Beach December 5, 2006 1-3 Evaluation and Appraisal Report Introduction and Identification of Major Issues ISSUE II: Workforce Housina Issue Framework Until fairly recently, the City of Boynton Beach housing market offered all types of units at prices significantly lower than those of many Palm Beach County m~icipalities. Market rents in apartment developments were affordable to middle class and'the rental stock continued to grow. In fact, EAR scoping meetings that took place in 2004 failed to recognize workforce housing shortage as a "major issue" for the city. The 2004 existing home sales data for the city shows a $200,000 median price for a single family home; the median prices were $163,000 and $113,000 for townhomes and condominiums, respectively. These numbers still indicated median price increases of over 100%, while the wages in the area remained largely flat. Moreover, condo conversions depleted the city's rental stock. The prices of existing homes rose sharply, again, in 2005. The new units are priced significantly higher than the existing homes, and some 7,000 units are approved or under construction as of April of 2006. Although the market turndown is already affecting pricing, there are no expectations of significant and lasting price decreases. In December 2005 the city's Community Redevelopment Agency Board voted to hire a consultant for a housing needs assessment study, which ultimately included the entire city. The draft report submitted in April of 2006 shows varying affordabilitygaps for selected markets and concludes that the demand for workforce housing will necessitate provision of about 7,293 affordable units by the year 2025, averaging about 107 units per year. Short- and Long-Term Implications of This Issue Short term implications are unclear. However, if the issue is not addressed in the long term framework, negative impacts will start to accumulate. First, the traffic will be affected, as people who get jobs in the City but cannot afford housing close to their workplace are forced to commute long distances. Additional and longer trips will exacerbate the traffic situation, steadily worsening as redevelopment proceeds and densities in many locations increase. Second, affordable housing shortage will affect the city's future business mix, since some businesses will choose to open facilities in alternative locations where their workforce can find more attainable housing. Finally, failure to address the issue now will mean lost opportunities, as vacant land is no longer available and the number of potential redevelopment sites declines. City of Boynton Beach December 5, 2006 1-4 Evaluation and Appraisal Report Introduction and Identification of Major Issues Alternative strategies to Address the Issue The City has pursued its affordable housing goals through the state:s S!"fIP program . (purchase and rehabilitation of units) and the allocation of the CDBG"\!rants (for rehabilitation only). There are no programs which would facilitate provision of rental housing, or provide funding for rehabilitation of rental units. The demand for available funds far exceeds supply, and the dramatic price increases have significantly increased the average purchase assistance. During the 2004/2005 fiscal year, 10 families received purchase assistance averaging $20,686, while the assistance for 10 families in 2005/2006 fiscal year averaged $43,170. For consistency with the county's program, the city set the maximum affordable housing threshold at $280,462 for purchases of both new and existing units. In addition to the above program, the City must meet affordable housing conditions as part of its TCEA and CRALLS programs. . The TCEA requires that 5% of new or rehabilitated housing within the TCEA area (encompassing the majority of the CRA area) is available for occupancy by very low, low and moderate income households. In addition, CRA. has an "affordable access" component in its Direct Incentive Program, which is currently under review. Affordable housing program may necessitate creation of the Real Estate Trust. . CRALLS program requires that developers of Proposed redevelopment sites along or in the proximity to the Congress Avenue corridor to set aside 10% of their residential units for very low, low and moderate income households, or pay a fee in-lieu. The City is currently reviewing the Housing Needs Assessment study. The programs that may be chosen to address the issue include mandatory inclusionary zoning or density bonus for developers who VOluntarily set aside some units within the affordable pricing range. In preparation for these program, the City is processing Comprehensive Plan Text Amendment (currently under DCA review) to allow Special High Density land use classification, currently allowed only within the coastal area, to be applied city-wide. The City has also created a new revenue source through (pending) implementation of the share equity program, whereby the beneficiaries of the SHIP program will be required to pay a percentage of the property appreciation amount at the time of resale, if the resale occurs prior to the 30 year mortgage repayment period. City of Boynton BeachaDecember 5, 2006 1-5 Evaluation and Appraisal Report Introduction and Identification of Major Issues Other Issues ConcerninG the Plan The following are the most pertinent issues concerning the current Comprehensive Plan: . The objectives and policies of the Comprehensive Plan do not have <;Iearly stated short-term or long-term planning horizon, in cases when it is approp~te. . Capital Improvement Element has been amended twice since 1989; however, the requirement of the Policy 9E.1.2 obligating the city to monitor and evaluate the CIE on an annual basis has not been fully met. Moreover, the City has not complied with the requirement to submit the adopted annual update of the Five Year Capital Improvement Schedule to the Department of Community Affairs. . The comprehensive plan currently does not determine intensity standards for the Public & Private Governmental/Institutional (PPG), Recreational (R) and Conservation (CON) land uses. These shortcomings need to be addressed in the EAR-based plan amendments. Thereafter, the City will carry out annual updates of the CIS and annual evaluations of CIE. City of Boynton Beach December 5, 2006 1-6 Evaluation and Appraisal Report Introduction and Identification of Major Issues '-t. Chapter 163.3191 (2)(f) F. S. requires that the Evaluation and Appraisal Report (EAR) contain an evaluation and assessment of relevant changes to the state comprehensive plan (187.201, F.S.), Chapter 163, F.5. Rule 9J-5 and the Treasure Coast Regional Planning Council's Strategic Regional Policy Plan, since adoption of the last ~R update amendments. This analysis was conducted utilizing all of the changes that have occurred to these documents since 1996, when the City of Boynton Beach adopted its most recent EAR. When an inconsistency was identified, such as a requirement not currently addressed in the City of Boynton Beach Comprehensive Plan, the appropriate element is identified for update. The sections containing the assessment of changes to Chapter 163, F.5. and Rule 9J-5, F.A.C. are presented in Tables 2 and 3. The State Comprehensive Plan was amended in 1999 by Chapter 99-378 to include policies related to urban policy in the State Comprehensive Plan. Goal 17 identified as Downtown Revitalization was amended and entitled Urban and Downtown Revitalization. The goal was modified to state that "In recognition of the importance of Florida's vital urban centers and of the need to develop and redevelop downtowns to the state's ability to use..." The following policies were added: }> Promote and encourage communities to engage in a redesign step to include publiC participation of members of the community in envisioning redevelopment goals and design of the community core before redevelopment. }> Ensure that local governments have adequate flexibility to determine and address their urban priorities within the state urban policy. }> Enhance the linkages between land use, water use, and transportation planning in state, regional, and local plans for current and future designated urban areas. }> Develop concurrency requirements that do not compromise public health and safety for urban areas that promote redevelopment efforts. }> Promote processes for the State, general purpose local governments, school boards and local community colleges to coordinate and cooperate regarding education facilities in urban areas, including planning functions, the development of joint facilities and the reuse of existing buildings. }> Encourage the development of mass transit systems for urban centers, including multimodal transportation feeder systems, as a priority of local, metropolitan, regional and state transportation planning. }> Locate appropriate publiC facilities within urban centers to demonstrate public commitment to the centers and to encourage the private sector development. City of Boynton Beach December 5,2006 2-1 Evaluation and Appraisal Report Consistency with State and Regional Plans ~ Integrate state programs that have been developed to promote economic development and neighborhood revitalization through incentives to promote the development of designated urban infill areas. ~ Promote infill development and redevelopment as an important mechanism to revitalize and sustain urban centers. '\ Although the Comprehensive Plan was not revised to address these Provisions, they are already addressed through existing adopted provisions, which emphasize urban infill and redevelopment and the promotion of transit to the extent possible. The Boynton Beach Comprehensive Plan is consistent with State Comprehensive Plan in Chapter 187.F.S. The EAR based amendments may include some refinements to the goals, objectives, and policies of the City's Comprehensive Plan that further its consistency with these added state Comprehensive Plan policies. Chapter 186, F.S. governs the adoption and revision of the Strategic Regional Policy Plans (SRPP) by Regional Planning Councils. Based on the 1996 Evaluation and Appraisal Report, the City of Boynton Beach's Comprehensive Plan remains consistent with the Treasure Coast Strategic Regional Policy Plan (TCSRPP), which was adopted on December is, 1995 and was reviewed during the TCRPC EAR process in 2000. After final adoption of the TCSRPP update in 2007, the City of Boynton Beach will evaluate the consistency of the Comprehensive Plan and address inconsistencies in the City's EAR- based amendments. Tables 2 and 3 provide analyses of all the changes made to Chapter 163, F.5. and Rule 9J-5, FAC, since the time of adoption of the City of Boynton Beach's previous EAR (1996). The changes are summarized by year and include the corresponding citations. The tables, which provide a determination of consistency with the Boynton Beach Comprehensive Plan, indicate which of the new citations have been addressed in the Plan, which will require future comprehensive plan amendments and which are not applicable. City of Boynton Beach December 5, 2006 2-2 Evaluation and Appraisal Report Consistency with State and Regional Plans on ro -. n~ ro 0 3.." li6g' ...-< 111:J , ..... NO o:J gg' '" n ::T IV , w !2. [J;1 ~. ~ c 8 :I> ro $' 0' $' !:J' ~ ID 6t ~wcD:J o~.o;:\-.o :S'ID 3 0"5'w$'!!!.lE f+~.::T~.n '" m= Nft)~tDU1""~""tp-o:> =(/)n~o. 0.. robjrDQI . 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VI O:J l/) , m a' ;:+{tSVi" w ., .j>. <D <D <D \Q '-' '-' '-' .... , , , . ~ V1 V1 0 III 0 0 - ~ ~ ~ ." <D <D <D i> ~ ~ ~ .j>. oJ> w i"l ~ ~ ~ ~ n ~ n s: ~ o' = ~ ~ ~ ~ III ~ (1) ~ b> "l:I :i' :J ~ -n Vi' 11I0 .... = 3 m :Jm "tl .Q~ ~ ~i: ::r -'" (1) ::fa. = lJlo ~ S~ ~. !if:J a. ~{J :J2 :J2 :J2 z;a:.~ mo m 0 m 0 a." m", m ~ m ~ !3;a ,;:::a iil ~3 ~3 ~3 (1) I ~ -. a.m a.m a.m !tag- -.Ill :J :J :J ~l 0_ a. a. a. :J~ 3 3 3 !!!.m m m m = ,,"tl :J :J :J ~"l:I -0 .... .... .... ii ~;:+ = ~ '\ Permanent Population Growth Boynton Beach is the third largest city in Palm Beach County, with the estimated 2004 population of 65,208. After a very high growth period between 1960 and 1980, when the average annual growth was 6.3% and the city's population more than tripled, Boynton's population continued to increase at a still high 2.7% annually until the year 2000. During the last four years (2000-2005), the growth rate tapered off to about 1.7% per year. . Boynton Beach rJ Palm Beach Cpt! . . Population Source: us Census and University of Florida Bureau of Economic and Business Analysls (BEBR). City of Boynton Beach December 5, 2006 3-1 Evaluation and Appraisal Report Land Use and Population Analysis Both the authors of the 1996 EAR report and BEBR greatly underestimated. the projected population growth rate for the 1990-2000 decade; the actual growth rate during the 1995-2000 period was probably at least twice the 1.9% assumed in the report. The 2000 Census showed the city's population to be 60,389, as opposed to the. EAR projection of 53,994 and BEBR projection of 56,619. The EAR projecqon for 2005 was 59,393 persons; since the BEBR estimate for 2004 was 65,208 persons, the 2005 estimate will likely exceed that projection by at least 11 %. The fast growth in the mid-and late 1990's was fueled by the long lasting economic boom. Recovered from the prolonged impact of the early 1990's recession, the development activities in the city surged, as demonstrated by the following residential permit activity table: . 1991-2004 . Permits Issued 634 Source: City of Boynton Beach Building Department An average of 770 units per year were permitted since 1995. Although the recession of 2001-2002 had some temporary negative impact on residential permit activity, there are other factors that have helped to sustain high levels of residential development in recent years, including low mortgage rates and a steady influx of population into South Florida. The residential development boom in the city mirrored the market conditions across the region; moreover, Boynton Beach lagged behind neighboring municipalities in redevelopment and real estate inflation, and offered attractive opportunities to developers. These opportunities still exists, even though a sharp market downturn has City of Boynton Beach December 5, 2006 3-2 Evaluation and Appraisal Report land Use and PoPUlation Analysis already affected the city. There have been considerable delays of construction starts for already approved projects. Population Projections Boynton Beach's supply of vacant land designated for residential develJpment has dwindled. While small scattered vacant residential lots exist throughout the city, practically no larger parcels (2 acres or more) remain. As a result, the City has witnessed two trends: 1) the conversion of vacant land designated for other uses to residential use; 2) the redevelopment of previously developed property that may also include a conversion in use or an increase in residential density and, to a lesser extent, 3) the annexation of property, either developed or undeveloped, for residential development. TABLE 6. BOYNTON BEACH POPULATION PROJECTIONS VS. REVISED ESTIMATES 90,000 85,000 80,000 75,000 70,000 65,000 60,000 ,- ,- 55,000 ,- .. 50,000 2000 2005 2010 2015 2020 2025 .tJ. Palm Beach County's 60,389 64,296 66,952 70.509 72.918 73.590 Projections 2001 .-- -.--- --0- County's Revised Estimates 60,389 65,999 70,649 75.025 80,113 85,138 2004 County's Revisions 2005 60,389 66,138 73,835 81,517 - - K- . .1989 Boynton Beach 63,373 70,802 78.232 Comprehenswe Plan -- - +- . 1996 EAR report 53,994 59,393 65,332 71,865 City of Boynton Beach December 5, 2006 3-3 Evaluation and Appraisal Report Land Use and Population Analysis As the chart above demonstrates, these trends add a challenge to population projections. The 2001 forecast produced by Palm Beach County in collaboration with BEBR was revised upwards in 2004, and again in 2005; further upwards revisions are likely. The 2005 revisions have been extended only to the year 2016, when the population is projected to reach 83,115. Recent projections for the OtyprQdvced by the Florida International University Metropolitan Center show a 2015 medium scenario estimate at 84.084. The chart also shows that the initial 1989 Comprehensive Plan population projections were more in tune with actual trends than the subsequent sharply decreased projections of the EAR Report. The revised 2025 estimate exceeds the 2001 forecast by about 16%. Future revisions will be fuelled largely by population growth downtown; the City in collaboration with the Community Redevelopment Agency has embarked on the implementation of the redevelopment plan for the downtown and surrounding areas located east of Interstate 95. The recent market downturn will prObably level the population growth over the next few years, but it is unlikely to affect long term projections. Seasonal Population The decade of 1990-2000 brought only a slight increase in the number of housing units used for seasonal and recreational purpose, from 2,762 units in 1990 to 2,944 in 2000; their share of total housing stock dropped from 10.8% to 9.6%. Assuming the average seasonal household size of 1.8 persons (the average for the city is 2.26), seasonal population for the city in 2000 was 5,299 persons. The 1996 EAR report projected that number to be 9,213, basing its forecast on the original assumptions of the 1989 Comprehensive Plan and presumably anticipating the relative increase in the second homes in the total number of units. Two other factors contributed to the disparity of these numbers: the 1996 EAR seasonal population projections included visitors in hotels/motels (not incorporated into this report's estimate), and the calculations were based on the overestimated household size for seasonal households, which generally tend to be smaller. It is pOSSible that the increasing stock of new, upscale housing units, priced on the average twice as high as the existing units, will contain a larger percentage of second homes. However, the affluent buyers may also be making investment in rental properties. The City of Boynton Beach currently encompasses 16.4 square miles, about 1.2 square mile more than shown in 1989 Comprehensive Plan land use table, based on 1987 data. City of Boynton Beach December S, 2006 3-4 Evaluation and Appraisal Report land Use and Population Analysis Changes in Land Area: Annexations The 1996 EAR report correctly anticipated a reduction in annexations for \:!1e remainder of the decade. Since 1995, only 84 acres of land were annexed into the CIty, about 9 acres per year. The pace of annexation slowed down considerably - between 1990 and 1995 over 356 acres were annexed, averaging about 59 acres per year. The annexations were consistent with the Comprehensive Plan's Intergovernmental Coordination Element Policies 8.10.4 and 8.10.5, eliminating enclaves and eliminating or reducing pockets or other undesirable land configurations. Currently, there are 19 enclaves/pockets left, for a total of about 360 acres. Existing Land Uses, 2005 When the 1989 Comprehensive Plan was adopted, the Support Documents for the Future Land Use Element (Table 1) provided a table of land use distribution; however, the Mixed Use (MX) land use category was not recognized, even though the adopted Future Land Use Map showed an area of land designated Mixed Use. The EAR, completed in 1996, also did not acknowledge the Mixed Use land use category. It has been determined that the Mixed Use land area was converted from lands that were designated Low Density Residential (LOR), High Density. Residential (HDR) and Local Retail Commercial (LRC) prior to 1989. The table has now been updated to show the Future Land Use Distribution based on this information (see also the Future Land Uses on Map A in APPENDIX). Table 7. Existing Land Uses* on Developed Parcels Existing Land Use Acreage Residential 4,160 Single Family 2,593 Multi-Family 1 ,460 Mobil Homes 107 Commercial 772 industrIal 388 institutional 452 Recreation 920 UtllityfTransportation 62 TOTAL 6,754 · Excludes all vacant parcels, conservation areas, water bodies and right-of-ways The total acreage for the City is currently 10,518, 40% of which is occupied by built-out residential uses. City of Boynton Beach December 5,2006 3-5 Evaluation and Appraisal Report land Use and Population Analysis The Extent of Vacant and Developable Land Map B in the appendix shows remaining vacant parcels in Boynton Beach. The high. growth rates that the City experienced over the last two decades caused Cl'{apid decline of the vacant land use inventory. The 1987 Comprehensive Plan land use mble shows 2,472 acres of vacant land; the EAR report (1995) - 1,659 acres; the current inventory is 275 acres. The latter figure includes only vacant developable land; excluded are parcels under conservation land use or conservation overlay, and those not developable because of shape, access or other problems. Table 8. Vacant* Developable Land by Land Use Category, 2005 Number of parcels Area In acres land Use under 2 acres 2 acres & over TOTAL under 2 acres 2 acres & over TOTAL Residential 346 5 351 72 82 154 Commercial 87 6 93 30 34 64 Industrial 10 3 13 11 32 42 MIxed Use 0 1 1 0 15 15 TOTAL 443 15 458 113 163 275 "Excludes vacant parcels WIth deveIopment orders and those on approval process. The above numbers suggest that Boynton Beach is fast approaching build-out. Development Patterns since 2000 Development and redevelopment activities since the year 2000 were driven by the most extensive real estate boom in decades. Generally, availability of urban services was not a factor for development patterns, since the services are provided throughout the city. However, an especially strong market demand for residential uses throughout the period under consideration caused a significant number of unanticipated conversions from the industrial and commercial to residential land use designations, or allowed residential uses in the Planned Industrial Development (see Map C in APPENDIX). Map B illustrates these unanticipated development patterns: . The City's largest Planned Industrial Development, Quantum Park, has at present about 1,000 residential units (most of them completed) as well as a considerable square footage of retail commercial uses as part of two mixed use developments. Residential and mixed use sections in Quantum Park still carry industrial land use designation. City of Boynton Beach December 5, 2006 3-6 Evaluation and Appraisal Report land Use and PopUlation Analysis . An 87 acre industrial parcel previously owned by Motorola has been reclassified to DR! (a new land use category adopted in 2004). The mixed use development approved for the property includes 1,691 residential units. . Two large industrial parcels in the south-west quadrant of th~e city were reclassified from industrial to high density residential and appro~d for 472 residential units. Another unanticipated change in response to market trends was the establishment of the suburban mixed use land category. The above mentioned 87-acre parcel was reclassified to suburban mixed use, as was an 82-acre section of the parcel immediately south of the above. The mixed use project approved for the latter property includes 1,120 residential units. The remaining development patterns generally conformed to FLU designations and vacant parcel distribution. In particular, significant amount of development and redevelopment - as anticipated - occurred along the US 1 corridor (see Map D in APPENDIX). The 2000 EAR-based amendments directed the city to implement the Boynton Beach 20/20 Redevelopment Masterplan; the city subsequently established Target Areas for future studies, of which The Federal Highway Corridor Community Redevelopment Plan was the first. The study included proposed locations for both mixed use land use designations (Mixed Use and Mixed Use Core). Developments shown on Map B followed these recommendations. Oty of Boynton Beach December 5, 2006 3-7 Evaluation and Appraisal Report land Use and Population Analysis '\ .. Element Overview The Future Land Use Element forms the nucleus of the City's Comprehensive Plan and provides the framework for the management of the future growth and deve1t!pment of the City. Nevertheless, the Comprehensive Plan can only function at its optimum level when all of the individual elements are considered in concert. Future Land Use Element Assessment Listed below are objectives of the Land Use Element which either (i) have been (or continue to be) most successfully implemented and have had significant impact on development; or (Ii) have not been implemented, or contain policies that have not been applied, for reason(s) that are subsequently explained. Objectives successfullv imolemented with the areatest imoacts: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of U.S. 1 and Martin Luther King Boulevard. Objective 1.15 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. Objective 1.22 In keeping with the "New Urbanism" principles established as guidelines for development; the City shall incorporate the following policies in its redevelopment and neighborhood planning activities in keeping with the Visions 20/20 recommendations. In 1996, when the previous EAR was developed, the City of Boynton Beach still had 1,659 acres of land vacant for development. As discussed earlier, the City is rapidly reaching the point that all vacant lands will have been developed to some extent, thereby shifting emphasis to redevelopment of previously developed and underutilized lands in the City. City of Boynton Beach December 5, 2006 4-1 Evaluation and Appraisal Report Assessment of Plan Elements The redevelopment efforts are focused on neighborhoods located east of Interstate 1- 95, particularly in the "downtown" area. Historically, the city did not develop' a "downtown" in its core, defined as an area of highest commercial and pedestrian activity usually centered around the main street. Therefore, a new downtown will be created, different in character from the suburban mall and big box .rE;ltailarea located along Congress Avenue. The first plan which explicitly addressed the comm~ity desire to create one was the Boynton Beach Vision 20/20 Redevelopment Plan. The City adopted the Boynton Beach 20/20 Redevelopment Master Plan (20/20 Plan) in 1998, following the completion of the previous EAR and prior to adoption of the subsequent Comprehensive Plan amendment in 2000. The 20/20 Plan was intended as an update of Community Redevelopment Plans for portions of the Coastal area of the City that were adopted in 1982 and 1987 and had basically been dormant since their adoption. The EAR-based amendments did acknowledge the 20/20 plan in Objective 1.9 and its related policies. The 20/20 Plan also proposed future study areas and those were addressed as "primary target areas" in Policy 1.16.1. The subsequent development of studies, as required under the cited policy has formed the basis for redevelopment activities in this area. These studies include: "The Federal Highway Corridor Community Redevelopment Plan", "The Heart of Boynton Neighborhood Redevelopment Plan", and the "Boynton Beach Boulevard Corridor Plan". These plans are currently being combined into a unified redevelopment plan and a companion study providing Urban Design Guidelines will be prepared under the auspices of the City's Community Redevelopment Agency (CRA). As shown by Map "B", a large number of new developments have been approved along US 1, a majority of these following recommendations of the first of the studies. The implementation of the two latter plans should commence shortly. The City has also taken other steps to encourage the development of a true urban core in the traditional "downtown", lying along Federal Highway between NE 6th Avenue and SE 2nd Avenue. This area was established in the Future Land Use Element as an "Urban Central Business District", pursuant to Section 380.06(2)(c), Florida Statutes. This act increases the Development of Regional Impact (DR!) guidelines and standards, thereby allowing higher densities and intensities of uses without entering the DR! review process. Implementing recommendations from the three above listed objectives, the city developed two mixed-use zoning districts. Currently, the areas eligible for the mixed _ use districts are being expanded and the district regulations amended to accommodate market trends as well as to strengthen the urban environment downtown and continue to protect residential neighborhoods abutting mixed use districts. Objective 1.15 acknowledged two types of mixed-use developments, those combining Commercial and Residential uses and those combining Industrial and Commercial uses; however, the related policies did not actively encourage their use. The EAR-based City of Boynton Beach December 5, 2006 4-2 Evaluation and Appraisal Report Assessment of Plan Elements amendment to this objective should accommodate new market trends underpinned by the upcoming arrival of the Scripps Institute. The arrival of the Scripps spin-offs will require a review of the use mix in industrial and commercial land uses. New land use categories have been added to the Future Land Use Map and. are defined in Policy 1.16.1. These include: "Conservation (CON)", "Mixed Use C~ (MXC)", "Suburban Mixed Use (MXS)", and "Development of Regional Impact (DRI)". Obiectives with implementation issues: Objective 1.10 The City, by the Year 2002, shall complete a study of all nonconforming uses to determine magnitude, type, and value for the City Commission to review and to take action to eliminate nonconforming commercial and industrial uses which are located in residential zoning districts, and all uses which create a significant nuisance or risk of fire, explosion, toxic, or other hazard to existing or future dwellings located in residential land use categories on the Future Land Use Map. The study has never been completed. Increased emphasis on private property rights in recent years makes elimination of such legal nonconforming uses very difficult. However, increased attention is being paid to protection of residential neighborhoods in redevelopment plans and in the city code. As a part of this effort, a M-1 Industrial District zoning study has been completed in February of 2006 and includes recommendations that address, among other issues, compatibility with adjacent residential neighborhoods and non-conforming site characteristics. The City subsequently issued a RFP for consultants interested in preparing the code amendments as recommended in the study and proposals are being reviewed. The similar issue arose with Objective 1.21 regarding non-conforming signs and billboards. The amortization program for signs was never implemented due to the issues related to impact on businesses and legal defensibility. However, the City, following the recent hurricanes, identified the non-conforming signs damaged beyond the limit set by the City's regulations and notified the owners accordingly. Objective 1.11 Land development and future land uses shall include provisions for the protection of native habitat, preservation of existing trees (other than undesirable exotic vegetation), minimizing surface and groundwater pollution, minimizing air pollution, preserving of wetlands, and preserving archaeological resources and historic buildings through implementation of the policies below. The historic building inventory has been created, but the city does not have historic preservation ordinance. There is potentially a lack of interest from the community to support the ordinance and its subsequent implementation. Traditionally, historical City of Boynton Beach December 5, 2006 4-3 Evaluation and Appraisal Report Assessment of Plan Elements societies or other civic organizations interested in preservation take the lead in ~l,Jch actions. Objective 1.12 Coastal area population densities shall not be increased above the number that can be accommodated by streets and rQads in the event that hurricane evacuation is necessary and shall be Iimite~to those areas that are planned to accommodate such development through the provision of adequate public facilities and services. Such development must meet minimum standards for High Velocity Hurricane Zones as required by the Florida BUilding Code. The is no regionally endorsed methodology to assess the impact of population increase on hurricane evacuation time and overall efficiency. Both policies under Objective 1.12 have been amended to require residential developments in the Hurricane Evacuation Zone to provide hurricane evacuation information or formulate hurricane preparedness plan (depending on a number of units). These poliCies will be reviewed and likely amended to require that hurricane evacuation information be distributed to residents of all developments of 50 or more units. Objective 1.19 The City shall evaluate and allow a range of land uses for which the area, location, and intensity of these uses provide a full range of housing choices, commercial uses to ultimately increase tax. base, employment opportunities, recreation and open space opportunities, and public uses including school sites for both existing and projected populations, provided that all other comprehensive plan policies are complied with. The provision for affordable housing for very low, low- and moderate income households has been limited by the unprecedented rise of housing prices in recent years. It is one of the two major issues facing the city. The situation has been confounded by numerous apartment-to-condo conversions and redevelopment of mobil home parks, Whereby affordable mobil homes were replaced by high-end townhomes and condos. The "appropriate" amount of the commercial and industrial land has been determined by the demand projected in 1989. Since the projections are clearly outdated, and the city is nearing buildout, this objective needs to undergo major revision. The 2003 amendments to one of its policies allowed land designated "Industrial" on the Future Land Use Map to convert to commercial or residential designations under certain conditions. Since adoption of these amendments, 137 acres of industrially-designated land have been converted to residential uses and 85 acres to other uses, including mixed use. oty of Boynton Beach December 5,2006 4-4 Evaluation and Appraisal Report Assessment of Plan Elements These numbers include the city's largest PID, The Quantum Park DR! (see Map A). The Park has always been shown on the Future Land Use Map with an "Industrial" designation. Until 2000, this was not problematic, since most of the permitted uses were allowed under the "Industrial" designation; however, in 2000, the City allowed the conversion of a portion of the Park to residential uses following the building of the Boynton Beach High School on a portion of the Park's lands. Additiol'\illly, retail commercial uses have also been allowed. In an effort to give a truer picture of land use distribution, a separate map is being developed for Quantum Park. Ultimately, the Future Land Use Map should be amended to reflect a more accurate picture of the uses allowed in the Park. Impacts of Issues on the Future Land Use Element An assessment of the Element's objectives has been completed to determine whether their achievement or failure relates or may relate in the future to the identified major issues. ISSUE I: Wastewater Treatment Capacity Objective 1.5 Land development and future land uses shall be coordinated with the provision of sanitary sewer facilities in order to ensure that the levels of service established in the Sanitary Sewer Sub-Element are met. It is clear that any shortfalls in the wastewater treatment capacity would impact future development and thus would also affect a number of other objectives. While it is anticipated that the wastewater treatment facility capacity is not an issue for the 10- year planning horizon, particularly in light of the measures the City has proposed to address the issue, the City's ongoing monitoring program will indicate whether increases to the facility's overall capacity are necessary. ISSUE II: Workforce Housina The issue is linked to the unsuccessful implementation of Policy 1.19.1 of Objective 1.19. POlicy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements, including the provision of adequate sites for housing very-low, low-, and moderate income households and for mobile homes. City of Boynton Beach December 5, 2006 4-5 Evaluation and Appraisal Report Assessment of Plan Elements The city is currently processing an amendment to the Land Use Element's Objecti~e 1.16 which contains definitions; the amendment would allow the "Special High Density Residential" land use classification, currently constrained to specific areas east of Interstate 1-95, to be applied throughout the city for developments that provide affordable housing. Further amendments facilitating the affordable bOU:iing density bonus may be considered. At present, TCEA and CRALLS programs have\effordable housing components. TCEA requires that 5% of new or rehabilitated housing within TCEA-designated area is affordable; CRALLS requires that affordable housing be built or fee-in:'lieu paid in by future developers of properties which are allowed to use additional capacity as determined by CRALLS. Conclusions and Recommendations The Land Use Element has been successful in guiding development and redevelopment within the city. The following changes should be made to the element as part of the EAR-based Plan amendments: . Introduction of intensity standards for the Public & Private Governmental/Institutional (PPG), Recreational (R) and Conservation (CON) land uses as required by state statutes. . Reclassification of Quantum Planned Industrial Park from Industrial to DRI land use, in a manner consistent with Renaissance Commons (fka Motorola). The reclassification should also be applied to the Boynton Mall, in anticipation of its future redevelopment. This will require a policy addition to Objective 1.24, which requires all Developments of Regional Impact to be governed by specific policies. . Elimination of Objective 1.15. Its goals have been reached, and its polices superseded by others. . Changes to Definitions contained in Objective 1.16: o Elimination of the "Agriculture" land use. There are no longer properties with this land use designation, and no opportunities within the city for agricultural uses in the future. o Addition of "DRI" to definitions. The description of the Renaissance Commons DRI is currently contained in Objective 1.24. o Review of uses permitted in Industrial and General Commercial classifications. City of Boynton Beach December 5, 2006 4-6 Evaluation and Appraisal Report Assessment of Plan Elements Element Overview: Originally adopted as the "Traffic Circulation Element", the elementincludeq objectives and policies addressing mass transit and bikeways in addition to objectives al1d poliCies concerned with the roadway network. The element was updated and renamed the "Transportation Element" with the adoption of the EAR-based amendments in 2000. In 2005, the element was rewritten and expanded to support the adoption of a Transportation Concurrency Exception Area (TCEA) for a portion of the Community Redevelopment Area (eRA) and to make provisions for the future designation of any constrained roadways at lower levels of service (CRALLS). These most recent amendments added a number of objectives and policies to recognize the increased significance of multimodal transportation options, such as walking, bicycling, and transit in relationship to the single-occupant motor vehicle. Transportation Element Assessment: This section evaluates the objectives of the element. Since a number of objectives were either added or rewritten as a part of the TCEA amendment and thus have been in effect for only about a year and a half, in many instances there has not been sufficient time to implement them or evaluate the outcomes of their policies. This applies, in particular, to the TCEA-related objectives because, although a large number of projects have been approved within the TCEA area, none have been completed. Objective 2.1 The City shall continue to provide a motor vehicle transportation network based on the following minimum level of service standards, except within the transportation concurrency exception area (TCEA) and designated constrained roadways at a lower level of service (CRALLS): . Level of Service "D" or better and peak hour conditions on all unspecified City and collector highway facilities. . Level of Service "D" for peak season peak hour conditions on all unspecified arterial facilities. . Level of Service "D" for 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and Boynton Beach Boulevard east of 1-95. City of Boynton Beach December 5,2006 4-7 Evaluation and Appraisal Report Assessment of Plan Elements The City of Boynton Beach operates under the Palm Beach County Traffic Performance Standards Ordinance. The County's responsibility for countywide transportation concurrency is mandated through its Charter. All development orders require traffic study or a traffic statement to be reviewed for concurrency by County's staff. Therefore, there is a continuous monitoring of the LOS levels for the roadways impacted by development and redevelopment activities. The City's cooperation with the 1%>unty has been very successful. Two "Special Transportation Areas" were established during the period under consideration: Transportation Concurrency Exception Area (TCEA) and Constrained Roadways at a lower level of Service (CRALLS), both in 2005. The TCEA encompasses the major focus of the City's Community Redevelopment Area and includes the traditional Central Business District as well as commercial and residential portions of the City's historic African-American neighborhood. The TCEA allowed a number of mixed- use redevelopment projects to be approved in the downtown area; none are yet completed. CRALLS accommodated the mixed use development of a 100 acre parcel along the Congress Avenue corridor. Objective 2.2 The City shall continue to implement the future Transportation Plan on a priority basis and shall coordinate same with the City's Future Land Use Plan, Housing Element, and Coastal Management Element. The City's has no major roadway improvement plan. Rather, all roadway work is for surface maintenance only. The transportation-related capital improvements in the Capital Improvement Plan are traffic signals and sidewalk construction; funds are allocated to resurfacing on an "as needed" basis. The City continues to coordinate with the County and the Florida Department of Transportation for improvements that are coincidental to specific projects, trying to secure county's funds and negotiating developer-funded improvements. The recent examples are developer-funded widening of Gateway Boulevard and a bridge on Old Boynton Road, for which county's money is sought. Furthermore, staff coordinated traffic safety improvements on Boynton Beach Boulevard west of Federal Highway, as part of a FOOT project. The City is also coordinating transportation-related improvement projects with its CRA. The CRA-funded extension to Boynton Beach Boulevard has recently been completed. Objective 2.3 Within three years of Plan adoption, neighborhood circulation patterns shall be monitored to assess local operating conditions and address them for any capacity or traffic calming/safety-related road improvements on an as needed basis. Oty of Boynton Beach December 5, 2006 4-8 Evaluation and Appraisal Report Assessment of Plan Elements This objective has not been implemented: its only policy recommends those studies on an "as needed" basis. All studies performed by the City are speed, rather than volUme related. The City does receive occasional public complaints about excessive traffic volume on streets maintained by the City, but no need for traffic calming/safety related road improvements has been established based on the City's traffic engineering analysis. Such studies and improvements may be needed in the future, 'w,hen many approved projects are completed. " Objective 2.4 The City shall develop and maintain a safe, convenient, multi-modal transportation system, including walking, bicycling, and public transit, which will meet future as well as current transportation needs, particularly within the TCEA and the CRA. Most of the policies included under this element have been successfully implemented. The City continues to support the construction of sidewalks, particularly around elementary schools (as indicated by new applicable development regulations, adopted in this review period); the sidewalk inventory has been completed and placed in the Geographic Information System (GIS). The City Code and the CRA-generated Urban Design Guidelines emphasize pedestrian-oriented project design and transit enhancement. The publiC transit system includes Shopper Hopper bus (operated by the City) and a trolley, introduced in 2005 by the CRA. The two lines currently operating are the Cross Town route which runs from Ocean Avenue to Congress Avenue and the Ocean route which runs from Ocean Avenue to the City Oceanfront Park. The CRA is currently planning to add a route for Federal Highway in fiscal year 06/07. Current ridership is approximately 5,968 passengers per month. Moreover, the City is cooperating with the South Florida Regional Planning Council on the potential Transit Oriented Development (TOO) to be located at the vicinity of the Gateway Boulevard Tri-Rail Station. On the other hand, the bikeway classification system consistent with the Palm Beach County Bikeway Plan has not been implemented (Policy 2.4.6). Objectives 2.5 and 2.6 have been implemented. The requirements included in Objective 2.5 regarding protection of public right-Of-way, driveway locations, traffic circulation and parking have been codified and constitute a part of a standard development review process. As specified in Objective 2.6, the City encourages private sector contributions towards transportation improvements. Objective 2.7 In order to maximize highway system performance, the City shall support alternative Transportation Demand Management strategies wherever feasible in lieu of, or in conjunction with, more expensive supply side capital improvements. City of Boynton Beach December 5, 2006 4-9 Evaluation and Appraisal Report Assessment of Plan Elements Objective 2.8 The City shall strive to reduce overall energy consumption due to transportation via regulatory measures such as trip reduction ordinances and incentives. Generally, objectives 2.7 and 2.8 have not been implemented. No TMI (Transportation Management Initiative) has been created to mitigate peak hour impacts tfuijJgh policy measures such as flexible work hours, car pooling, ride sharing etc. and ho public- private partnership have been pursued for this purpose. There are no code requirements addressing these issues. The City may introduce such mitigation measures as projects are completed and begin to significantly impact peak hour traffic. The City does, however, cooperate with the County and the FOOT on projects improving highway system performance (Policies 2.7.1, 2.7.2, and 2.8.1). FOOT is currently repaving Boynton Beach Boulevard between Federal Highway and 8th Street and, with the City's support, will close a number of median openings to enhance safety and improve capacity. It is also modifying traffic signal construction on Boynton Beach Boulevard and 8th Street to accommodate additional lanes on the north approach in the future. Similar design work is also underway on Federal Highway north of the C-16 Canal. Objective 2.9 The City shall continue to provide local transportation facilities that are visually and functionally pleasing and that conform to City guidelines. The objective is being implemented. The City is in its 1st year of a 4-year program of replacing old street markers with a new, attractive design. Gateway treatments at the entrances to the City have been installed, and the Neighborhood Assistance Program provides funding for such facilities at the entrances to neighborhoods (about 10 installed). The CRA is providing street designs for selected roadways; the designs will be implemented mostly by the private sector as redevelopment proceeds. Objective 2.10 The City shall continue to participate in the Palm Beach County Metropolitan Planning Organization's long range planning process and utilize the resulting plans to update the City's Transportation Element as appropriate. The City has been working closely with the MPO staff to proVide data for the long range transportation model. It also participates in the MPO's monthly Technical Advisory Committee meetings providing input into the MPO's Five-Year Transportation Improvement Program. , City of Boynton Beach December 5, 2006 4-10 Evaluation and Appraisal Report Assessment of Plan Elements Objective 2.11 The City shall continue to assist Palm Tran in prQyicii"g efficient public transit services based on existing and future trip generators and attractors and also provide local public transit road and terminal areas which are safe for transit users. Several policies were added to this objective concurrent with TCEA amen~ents. The city has not work previously with Palm Tran; however, City's staff is participating on the steering committee for the 2006-2016 Palm Tran Transit Development Plan. Further involvement should increase as several large approved projects are completed. These projects will be significant trip generators as well as attractors, and may require realignments in bus routes and schedules in the future. At that point, the City and CRA may embark on the evaluation of the transit services as recommended by Policy 2.11.5. The City supports transit shelters and has been working with vendors; funds for installation come from the private sector which uses shelters for advertising. It also encourages private developers to provide bus shelter at new projects. Objective 2.12 Promote a pedestrian- and bicycle-friendly environment by providing adequate facilities, such as wider sidewalks, buffers from travel lanes, shade trees, shorter crossing distances, lighting, refuges in large intersections, bike lanes, and bicycle parking, for pedestrians and bicyclists. This is an objective added as part of the TCEA amendment. All of the above recommendations have been incorporated either in the City Code or in the Urban Design Guidelines, or both. As stated earlier, the CRA is providing street designs for selected roadways; the designs will be implemented mostly by the private sector as redevelopment proceeds. Presently, marked bike lanes exist on US 1 and on a small segment of E. Ocean Blvd, between US 1 and the Intracoastal Bridge. In 2004, Greenway and Bikeway Master Plan was developed and subsequently incorporated into the 10-year Parks and Recreation Strategic Plan for the City. There are no funds for the Master Plan implementation over the first five years of the Strategic Plan. Moreover, staff is currently reviewing its recommendations. Impacts of Issues on the Transportation Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. There are no identified correlations between the issue of the wastewater treatment capacity and objectives in the element. However, if the shortage of affordable housing (identified as Major Issue II) persists, it certainly could, over the long period, impact several objectives of the Transportation Element. People who will City of Boynton Beach December 5,2006 4-11 Evaluation and Appraisal Report Assessment of Plan Elements work in the City but will not be able to afford to live here will be forced to commute long distances, possibly contributing to the increase of the peak hour traffic on several already strained roadways and intersections and making it more difficult to maintain LOS of these facilities. Some of these trips would not be generated at all if dwellings close to the workplace were readily available. Future transit routes may" have to be reconsidered to accommodate changing commuting patterns. '\ Element Overview: The Utilities Element, as adopted, contains five sub-elements: Sanitary Sewer, Stormwater Management, Potable Water, Natural Groundwater Aquifer Recharge, and Solid Waste, as required by ~163.3177 F.S. Four of the sub-elements contain adopted level of service standards, with the Aquifer Recharge sub-element being the exception. Utilities Element Assessment by Sub-Elements: Sanitarv Sewer Sub-Element The City of Boynton Beach is served by the South Central. Regional Wastewater Treatment Facility, of which it is co-owner with the City of Delray Beach. The total plant capacity is 24 million gallons per day (MGD) annual average daily flow, which is apportioned as needed to the two cities. Wastewater treatment capacity has been determined to be a Major Issue for the city. The issue may arise at build out if the population projections at a hIgh-level scenario are realized and generate demands beyond the city's allocation of the treatment capacity. Objective 3A.l Adequate Treatment and Disposal Capacity. Under the auspices of the interlocal agreement, the City of Boynton Beach will seek to secure reserve capacity at the South Central Regional Wastewater Treatment and Disposal Facilities that is adequate to eliminate existing deficiencies and to serve the City's needs through build out. Build-out flows are estimated to be 16.8 million gallons per day, measured on a MMDF basis. Currently, the South Central Wastewater Treatment and Disposal Facility is functioning sufficiently. The City is maintaining adopted Levels of Service and there are no deficiendes. However, the City will use the recently reviewed population projection to adjust the estimates of build-out flows. The upward adjustment of the build-out flows will likely mean that the facility will need to be expanded before build out unless the oty of Boynton Beach December 5,2006 4-12 Evaluation and Appraisal Report Assessment of Plan Elements City of Delray Beach makes a downward adjustment of its the capacity demand at build-out. Policy 3A.1.2 requires continued coordination and renegotiation of the existing agreement with the South Central Regional Wastewater Treatment and. Disl20sal Board to secure wastewater treatment and disposal capacity equal to the flows e~ated in the City's wastewater master plan every 5 years, or as often as necessary, providing a mechanism to increase the City's share of treatment capacity, should it become necessary. The City's flow to the plant has only approached its maximum share of usage once, and that was because of unusually heavy rains resulting from two hurricane events in September 2004 and infiltration attending those storms. Objective 3A.3 Minimize Wastewater Influent and the Disposal of Effluent. The City of Boynton Beach Will Minimize Wastewater influent resulting from infiltration and inflow; and will conserve potable water by utilizing effluent where possible. The City has yet to implement a system of reducing the amount of potable water used for irrigation and other unnecessary purposes through the use of treated wastewater effluent. Such efforts are currently in the planning stages. The Phase I area study now in progress could replace approximately 0.5 MGD of potable water usage with treated wastewater effluent, if constructed. The City has determined that infiltration resulting from the two storms events in 2004 caused the increased peak monthly flow to the treatment facility, and is currently prepared to proceed with a rehabilitation program that will address that component of groundwater infiltration and inflow determined to be cost effective. Objective 3A.4 Financing of System Improvements and Operations. The City of Boynton Beach will fund sanitary sewer system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that these costs are borne by customers of the system on the basis of the cost-of-service. Currently, the costs associated with sanitary sewer system maintenance and operations are borne by the customers of the system on the basis of the cost-of-service. However, the rate-schedule for sanitary sewer service (unaltered since 1998) is not adequate to meet current capital improvement demands. Capital expenditures are currently funded through the Department of Utilities cash reserves. Moreover, depleting reserves means that the Policy 3A.4.3, calling for the reserve fund to be maintained at a level equal to 120% of the previous year's expenditures or the level required by bond covenants, is not being implemented. A rate review will be conducted during the latter part of 2006. City of Boynton Beach December 5, 2006 4-13 Evaluation and Appraisal Report Assessment of Plan Elements Objective 3A.6 The program to eliminate existing deficiencies accordi1'l9Jo the schedule presented in the Capital Improvements Element shall be maintained. The CIP delineates funding for pipes, pump stations, and other infrastructur~ but is not adequately funded to achieve these goals. Currently, only 1 year of expen~ures are funded. Stormwater Sub-Element Objective 3B.l Adequate Facilities. The City of Boynton Beach will continue to require and enforce standards of the South Florida Water Management District and the Lake Worth Drainage District such that sufficient stormwater drainage facilities to address existing deficiencies, minimize damage to public and private property, protect surface and groundwater quality and quantity, and meet future needs are constructed and maintained in the City limits. The City continues to employ the water quality treatment methods required by the South Florida Water Management District on all new construction projects, and also on projects which re-develop existing areas. In addition, the City has improved several of its outfall structures with devices that will remove particulate matter or oils and greases prior to discharge into the receiving surface waters. The City has also constructed two entirely new regional drainage systems in the past 5 years, and is currently constructing a third such system, all of which are designed to improve the quality of the final discharge to surface waters. However, the City is not able to completely address deficiencies in stormwater drainage facilities, which are lacking in some areas. Policy 3B.l.4 The City shall continue to maintain a drainage master plan to identify and prioritize needs for expansion, replacement, and improvement to the stormwater drainage system in the City. A copy of the drainage master plan will be forwarded to the Lake Worth Drainage District, the South Florida Water Management District, and the Palm Beach County Department of Engineering and Public Works to coordinate inter-jurisdictional stormwater planning and management issues. Policy 3B.l.l0 The City shall consider priorities for replacement, correcting existing deficiencies, and providing for future needs according to need. The need shall be determined by the City through a drainage master planning process. The priorities shall be reflected in the Capital Improvements Element such that the improvements of highest priority shall be implemented first, in order to provide for City of Boynton Beach December 5, 2006 4-14 Evaluation and Appraisal Report Assessment of Plan Elements public health and safety, the adopted level of service, and operational efficiency . There are implementation issues for both policies. The drainage master plan to identify and prioritize needs for expansion, replacement, and improvement to -the ,$tormwater drainage system has not been updated in approximately five years. This nfester plan also has not recently been forwarded to the Lake Worth Drainage District, the South Florida Water Management District, nor the Palm Beach County Department of Engineering and Public Works, as mandated by policy 3B.1.4. The City will update its 1999 drainage master plan the next year to reflect potential deficiency correction based on need and the availability of capital improvement funds. Potable Water Sub-Element Objective 3C.l Adequate Water Supply and Treatment. The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through build out. Build out needs are estimated to be 32 MGD, measured in terms of maximum daily flow. The 2004 hydraulic model on the potable water system details areas requiring capital improvements in new transmission mains, so as to meet year 2025 demands and increased fire flows required by high rise buildings (over 7 stories). The report also estimated the average day and peak day demands at 5-year increments, beginning in 2010 and proceeding through 2025. According to the model, the estimated average daily demand in year 2025 will be 23.8 MGD. Peak day is anticipated at 33.4 MGD. Objective 3C.2 Adequate and Efficient Distribution Facilities. The City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's water master plan. Policy 3C.2.1 The City will implement the capital improvements described in the water master plan. Policy 3C.2.2 The City shall continue to develop an annual maintenance program which will identify and prioritize system needs for renewal, replacement, and betterment. Capital improvements considered necessary to maintain the system in good working condition will be made on a timely basis. Policy 3C.2.5 By 2005, the City shall replace sub-standard water lines in the area east of Interstate 95 and south of the Boynton Canal. City of Boynton Beach December 5, 2006 4-15 Evaluation and Appraisal Report Assessment of Plan Elements These policies have not been fully implemented. Specifically, the substandard..'oVater lines in the areas delineated in Policy 3C.2.5 are a significant issue that will be verY costly to address. There is inadequate funding for capital improvements of the system. Currently, there is a one-year funding commitment for capital expenditures. Objective 3C.4 Equitable Financing of System Improvem~ts and Operations. The City of Boynton Beach will fund potable water system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-of-service. Objective 3C.6 The City shall continue to implement a program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element. See comments above and comments to Objective 3.AA and 3.A.6 in the Sanitary Sewer Sub-Element. User fees cover recurrent maintenance costs only. Capital expenditures are supported by cash reserves, depleting the reserve fund. As a result of this shortfall, the City is failing to fulfill its reserve obligation as set forth in policy 3CA.3. The present rate-schedule will not sustain the system. Rate review will be conducted in the latter part of 2006. Natural Groundwater Aauifer Recharge Sub-Element Policy 30.1.2 The City shall continue to designate areas having the greatest recharge potential. Such areas that are undeveloped shall be designated for low impact development or as conservation areas in the City's future land use plan. Policy 30.1.3 Boynton Beach shall continue to cooperate with other appropriate local governments to protect areas with the greatest recharge potentials that extend beyond the City limits. There is currently no spedfic water catchment area, through aquifers. The policy needs to be reviewed. implemented. as all groundwater is filtered Policy 30.1.3 has not been Solid Waste Sub-Element The City of Boynton Beach provides for collection of solid waste, while the Palm Beach County Solid Waste Authority is responsible for disposal; the two governments work in concert to ensure that the responsibilities of each mesh seamlessly. The adopted level of service standard for generation of solid waste is 7.2 pounds per capita per day. In City of Boynton Beach December 5,2006 4-16 Evaluation and Appraisal Report Assessment of Plan Elements order to maintain this standard, the City continues to emphasize recycling in order to reduce the solid waste stream. In accordance with an interlocal agreement with the Solid Waste Authority, the City assists with providing citizens education, special recycling campaigns and continued recycling service. In addition, the City continues to streamline and enhance collection of solid waste through mechanization wherever possible. " All objectives of this element have been implemented. Impacts of Issues on the Utilities Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. While all objectives of the Element were assessed, only those contained within the Sanitary Sewer Sub-Element were related to the major issue (see pertinent comments to the Sub-Element objectives and policies), Element Overview: The Conservation Element provides for the protection, use and conservation of natural and environmental resources including, but not limited to, air, water, water recharge areas, soils, and wildlife and marine habitats. In so far as some of these areas are specifically addressed, as required by Chapter 163, in other Comprehensive Plan elements, the consistency of this element with those other elements is essential. Conservation Element Assessment: Generally, conservation policies have been successfully implemented. In June 2003, a land use classification for "Conservation" was added to the Future Land Use Map with a corresponding definition adopted into the Future Land Use Element. Concurrent with the addition of the classification, the land use designation for two upland scrub properties - Seacrest and Rosemary - were amended to "Conservation", recognizing the joint effort by the County and the City of Boynton Beach to acquire and preserve these natural areas. The objectives and policies listed below either have not been implemented or have not been executed as stated and will be evaluated for revision or elimination in the EAR- based amendments. City of Boynton Beach December 5, 2006 4-17 Evaluation and Appraisal Report Assessment of Plan Elements Objective 4.3: Through the long term planning horizon, the Cityc,shall maintain a local surface quality equal to or better than existing levels for recognized pollutants and conserve, appropriately use and protect the quality and quantity of waters that flow into the Intracoastal Waterway. Two policies under this objective have not been implemented: '\, Policy 4.3.2: The City shall continue to lobby the Florida Department of Transportation to replace existing direct discharge outfalls with drainage retention ponds. This policy will be eliminated. Land is not available near most DOT roadways to make this feasible. Policy 4.3.5: The City shall continue to investigate the financial feasibility and potential funding sources for implementing a canal maintenance dredging program to eliminate polluted sediments, to reduce resuspension of sediments through prop dredging and to improve tidal flushing. The City does not own or maintain any canals that experience tidal flushing other than the recently purchased marina. Additional time is needed to study the sedimelJts and pollution potential. This policy will be revised. Objective 4.7: The City shall continue to consider a variety of options to implement potable water conservation such as rate structure, aquifer storage and recovery, education and reuse to reduce per capita water consumption rates by at least 10% through the next planning period. Even though some of the above measures were implemented, there has been no change in the per capita water consumption rates since the year 2000. Reclaimed water efforts will assist in reducing per capita usage if the City focuses on replacing potable water now used for irrigation. Impacts of Issues on the Conservation Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. There are no identified correlations between the major issues and objectives in the element. City of Boynton Beach December 5, 2006 4-18 Evaluation and Appraisal Report Assessment of Plan Elements Element Overview: The Recreation and Open Space Element utilizes an inventory of public<ij1d private facilities to determine existing and projected deficiencies in park acreage and 'is focused on determining ways in which opportunities for recreation can be expanded and enhanced to meet the existing and future needs of the citizens based on adopted levels of service. Although the Recreation and Open Space element was updated in 2000, based on the 1996 EAR, staff felt that a more thorough collection and examination of the support data should be undertaken. In May 2004, the City contracted with consultants to develop a Parks and Recreation Strategic Plan for the City of Boynton Beach and to revise the Comprehensive Plan element based on the adopted Strategic Plan, the Conceptual Parks and Recreation System Map and narrative and Implementation Strategies. A new draft Recreation and Open Space Element will undergo a final review as a part of the EAR-based amendment process. Recreation and Open Space Element Assessment: This section evaluates implementation of the 2000 update of the Recreation and Open Space Element. The Element has three objectives; the last of the three, Objective 6.3, will have to undergo the most thorough amendment as the growth of the City turns increasingly vertical. Objective 5.1 The City shall improve and increase access to parks and recreational facilities, where available space exists, by providing adequate automobile parking, bike rack facilities, and handicap access to all existing and planned, neighborhood and district parks operated by the City by the Year 2002. The objective has been largely implemented. All parks and recreation sites have handicap access as required by law. Some still lack bike racks, but the facilities continue to be installed. All new parks will have bike racks. Objective 5.2 The City shall ensure additional public access to recreation sites by providing park and recreation facilities, using, in part, current population data and prOjections, summary/recommendation "0" proposed park development schedule. During the last 6 years, the City developed one additional park, a 10 acre intracoastal facility. In 2002 the city hired a consultant to carry out a recreational needs assessment. Subsequently, as explained in the Overview section above, another consultant was contracted to evaluate provision of parks and recreational facilities within City's boundaries, and to make recommendations through the Parks and City of Boynton Beach December 5, 2006 4-19 Evaluation and Appraisal Report Assessment of Plan Elements Recreation Strategic Plan for the City of Boynton Beach. The overall conclusion was that (i) the City's park system was adequate and met LOS standards; and (Ii) the development of the city-owned park land will meet future needs, so no additional land purchases are necessary. Objective 5.3 The City shall increase the provision of recreati~~acilities and open space by public agencies and private enterprise, and specifically require that future private, as well as dedicated areas, are developed and equipped to be at minimum (e.g. size, facilities, access) equivalent of a public neighborhood park. The city is approaching buildout; vacant land is scarce and redevelopment creates an increasingly urban environment whereby townhome and condo projects (some as part of mixed use developments) are built on relatively small lots. In 2002, in response to these changing circumstances, the City adopted a new Park and Recreation impact fee ordinance. Developers of projects with residential components pay an impact fee; land dedication in-lieu can occasionally be requested if feasible. There are no specific requirements regarding provision of private recreational facilities and no credit towards the fee is given for such provision. The number and type of facilities provided are clearly determined by the new urban scale as well as consumer preferences. Most of the incoming projects are planned developments, and staff has a lot of input regarding their overall design, but the private sector generally responds well to market demand for specific amenities. Over the period under consideration, the City has developed a 10 acre Intracoastal Park and improved Boat Ramp park, both with a public access to the waterfront. Two other park sites, Jaycee (also with water frontage) and the SE neighborhood park (yet unnamed) are currently being developed. In accordance with the Policy 5.3.4, a 5 acre park site has been recently dedicated to the City concurrently with Klatt/Winchester property rezoning. The City owns approximately 140 acres of undeveloped park land, which will be developed according to the schedule delineated in the above mentioned Strategic Plan. The failure to develop the sites during'the last six years was due to limited funding. The unprecedented growth made competing claims on several service facilities (such as additional fire stations); moreover, two years of hurricane damage required extensive capital repairs to the existing facilities. Impacts of Issues on the Recreation and Open Space Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the City of Boynton Beach December 5, 2006 4-20 Evaluation and Appraisal Report Assessment of Plan Elements issues. There are no identified correlations between the issues and objectives in the element. Element Overview: The purpose of the Housing Element is to ensure that the City of Boynton Beach has a supply of adequate housing in a range of types and prices to meet the needs of present and future residents. In order to assist the private sector in providing new dwelling units, a variety of programs are offered by the City and the City's Community Redevelopment Agency. Objectives contained in the element also address a variety of housing issues, including: preservation of traditional neighborhoods and historical resources; group homes and foster care facilities; and housing the elderly, the homeless and those with special needs. Housing Element Assessment: Affordable/workforce housing has been recognized as the City's major issue. The effectiveness of the current policies and programs has been significantly curtailed by dramatic housing price increases that occurred during the period under consideration. The City and the CRA co-funded a Housing Needs Assessment study in order to acquire data that will inform future housing programs or justify changes to the existing ones. The following is the objective-by-objective assessment of the element's achievements. The implementation efforts of the first group of objectives have been either wholly or at least partially successful; two of the objectives have not been implemented. Obiectives with (at least some) successfully implemented policies: Objective 6.1 Assist the private sector to provide new dwelling units of various types, sizes, and costs by the year 2015, in order to meet the housing needs of the existing and anticipated populations of the City. The residential market has been extremely active over the last 6 years, producing a large number of new units and attributing to the conversion of non-residential zoning districts for residential use. Since the vacant land is scarce, single family detached housing stock will not expand in the future, while town homes and condominiums continue to be residential products in redevelopment. The City has adopted mixed use ordinance and a suburban mixed use land use to encourage well-designed and innovative projects. However, the City lost rental units to condo-conversions (including some lower rent projects) and three mobil home parks which were replaced by higher City of Boynton Beach December 5, 2006 4-21 Evaluation and Appraisal Report Assessment of Plan Elements end townhomes. The supply of affordable housing has become an issue that the City is trying to address. The City has been successful in partnering with non-profits, such as the local banks' Consortium for Affordable Housing and the faith-based community d,evelopment organizations. '\ Objective 6.2 By the year 2002, most substandard housing shall be eliminated. In 2004, a large low-income Section-8 rental development was deemed unsafe and demolished. An affordable housing project was approved on a part of the property previously occupied by the development. The City's code enforcement staff continues to inspect properties to enforce the Community Appearance Code, adopted in 1996. The cases are reported to the Community Improvement Division which provides rehabilitation and repair assistance to qualified home owners. Overall, the substandard housing stock has decreased. Heart of Boynton, the historically African-American neighborhood close to the City's downtown, contains a large percentage of the remaining substandard stock. The City and the CRA are reviewing implementation options for the Heart of Boynton Redevelopment Plan which will address the issue. Objective 6.3 By the year 2002, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for the homeless, very-low, low and moderate- income persons to meet their housing needs. Steep housing price increases significantly limited the number of beneficiaries of the SHIP purchase assistance program. Presently, since the vacant lots are increasingly difficult to find, the program is focused on purchases of existing homes. There are no programs specifically targeting the homeless population. The 2004 Palm Beach County homeless survey showed no homeless problem within the City. As explained in the Issue section of this report, the City is reviewing the recommendations of the Housing Needs Assessment report to add new programs to meet the pent-up and future demand for affordable housing. If adopted, the programs will either mandate the private sector to provide affordable units as part of market-rate developments or proVide incentives to do so. As stated earlier, the City is not involved in any rental programs, such as rental rehabilitation or Section 8. Likewise, Policy 6.3.5 which requires the City to identify a dedicated source of income for housing remains largely unimplemented - the only such source are Community Development Block Grants used from rehabilitation programs. City of Boynton Beach December 5, 2006 4-22 Evaluation and Appraisal Report Assessment of Plan Elements No general fund monies, documentary surtax, or tax-exempt bonds have been allocated to housing. Objective 6.5 The City shall allow sites for group homes and foster care facilities in residential land use categories to ensure adequate ~eas are available to meet the housing needs of individuals with special needs. The city allows sites for group homes and community residential homes as defined by state law. Density bonuses have been offered in the past to better accommodate such uses. Objective 6.6 The City shall avoid housing programs which displace households. However, in the event displacement occurs, benefits consistent with applicable state and federal laws will be implemented through the following policies. The city has no housing programs that would displace households. Over the period under consideration, the city executed a demolition of the Section 8 rental property, assisted families to find alternative housing and provided monies for security deposits. Objective 6.7 The City shall continue to preserve housing identified as being historically significant. The objective has not been implemented. As explained in the Land Use Element assessment, the city completed the inventory of historic structures but has no historic preservation ordinance which would address issues such as advice and assistance to owners making improvements (Policy 6.7.1). There are no educational programs focused on the historic housing (Policy 6.7.2). The city's preservation effort include two non-residential buildings. Recently, the City's CRA has taken over the ownership of the old high school building located on the City Hall complex. The RFP was issued for adaptive reuse of the building; proposals are being reviewed. The community has been very supportive of its preservation, but no local civic group volunteered to take a lead in fund raising efforts. The adjacent original elementary school building - one of the two city buildings currently on the National Historic Preservation Registry - has been restored and houses a very successful Children's Museum, open to the public since 2001. Objective 6.8 The City, through COde enforcement efforts, will continue to improve the quality of neighborhoods by conserving the exiting housing stock. City of Boynton Beach December 5, 2006 4-23 Evaluation and Appraisal Report Assessment of Plan Elements See evaluation of Objective 6.2. The City encourages private reinvestment in hOUSing through workshops and technical assistance programs delivered by staff, lending institutions and Community Development Corporations. The City co-funds selected educational and social programs for very low, low and moderate income households through its CDBG grant program (Policy 6.8.7). '\ Objective 6.9 Adequate measures should be taken by 2005 to address the housing problems of persons with special needs. The City provides housing rehabilitation services specifically focused on retrofitting older units to remove physical barriers which restrict accessibility by handicapped persons or other people with special needs. The City is currently partnering with a local non profit organization (R.M. Lee CDC) by donating land, and allocating State Housing Initiative Program funds to build an affordable senior housing project. Obiectives that failed to be implemented: Objective 6.4 SUbsequent to Plan adoption, allow for adequate sites for mobile homes in all areas of the City where single-family detached dwellings are permitted. The objective has not been implemented. There are no sites for new mobil home. parks; in any case, the cost of land would preclude such use. As stated earlier, three of the city's existing mobil homes have been redeveloped, and even though the developers complied with the state mobil home relocation regulations, these actions ultimately reduced supply of housing for very low income people. Impacts of Issues on the Housing Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. There are no identified correlations between the issue of wastewater treatment capacity and objectives in the element. The issue of workforce/affordable housing shortage is obviously related to outcomes of Objectives 6.3 and 6.1. However, since the issue arose as a result of external circumstances out of the city's control, it cannot be ascribed to the implementation failure of said objectives. Tripling of the housing prices over a five year period is highly unusual and could hardly be anticipated. As explained in the Issue section, the City is reviewing new policies and programs to address the issue. Oty of Boynton Beach December 5, 2006 4-24 Evaluation and Appraisal Report Assessment of Plan Elements Element OVerview: The Coastal Management Element is a required element of the Comprehensive Plan for all municipalities "abutting the. . . Atlantic Ocean. . ." The purpose of the\lement is to plan for development in the coastal area and, where appropriate, restrict development where damage or impacts might otherwise occur to coastal upland and marine resources; to protect human life from the ravages of tropical hurricanes and storm tides; and to limit public expenditures in locations subject to destruction by potential natural disasters. The planning area for the Coastal Management Element includes lands between the Town of Hypoluxo on the north to Gulfstream Boulevard on the south, and from a combination of the Florida East Coast (FEC) Railroad right-of-way and several local streets nearby and parallel to the FEC on the west to the Intracoastal Waterway and a small portion fronting on the Atlantic Ocean on the east. The planning area includes several unincorporated pockets and enclaves, both on the south end of the City and on the barrier island, that are within the City's future annexation area. It also includes the traditional central business district of the City. While the Coastal Management planning area, as defined above, contains approximately 1,250 acres, the Hurricane High Hazard area (defined as the Category 1 evacuation area) is generally eastward of Federal Highway and makes up less than one-half of the planning area. Following the previous EAR, only minor amendments were made to the Coastal Management Element, most of them acknowledging work accomplished and changes in dates for completion of other tasks. Few of the amendments were substantive in nature. Coastal Management Element Assessment: The objectives that have been implemented are not listed, with the exception of Objective 7.9 which has been chosen as an example of success. Otherwise, the section reviews the objectives and policies that either have not been implemented or have not been executed as stated and will be evaluated for revision or elimination in the EAR- based amendments. Example of successful implementation: Objective 7.9 The City shall provide by 2002 for an increase in the amount of water dependent and water related uses and public access to City of Boynton Beach December 5, 2006 4-25 Evaluation and Appraisal Report Assessment of Plan Elements beach and shoreline facilities by prioritizing shoreline uses with priority given to water dependent uses. The City and the CRA completed several projects which feature public access to water and water-dependent uses. These projects include the development of the Intracoastal Park, the purchase and development of Jaycee Park (ongoing), the impro'>\.ments of the boat ramp park and the Promenade, an extension of the Boynton ~ach Boulevard east of US 1 to the Intracoastal Waterway. Moreover, the eRA (with some county's funding) has recently purchased the marina adjacent to the Marina Village project. Acquisition of a small portion of the Marina Village project is currently being considered for a development of a waterfront park. The majority of the area will be maintained as a "working marina", preserving an important part of the City's past importance as a coastal fishing village. Obiectives with implementation issues: Objective 7.2 By 2002, the City shall develop a local water quality improvement program for the City's portion of the Intracoastal Waterway using current stormwater data. POlicy 7.2.4 The City shall continue to enforce the land development regulations to require future marinas to be designed to ma:l(imize flushing of the marine basin and to provide for proper sanitary sewer hOOk-ups. Policy 7.2.5 By 2002, the City will initiate discussions with the Florida Department of Transportation relative to improving the water quality of storm water diSCharges. Policy 7.2.6 By 2002, the City will initiate discussions with the South Florida Water Management District relative to improving the water quality of storm water discharges from the C-16 (Boynton Beach) Canal. Policy 7.2.9 The City will continue to urge that the Florida Department of Transportation retrofit existing drainage outfalls from State Highways to Lake Worth and the Intracoastal Waterway. Policy 7.2.10 The City shall by 2002, conduct a study of the feasibility of requiring marinas to provide sanitary sewer hOOk-ups for long-term use, and to adopt ordinances requiring boats to hook-up to the systems provided. Objective 7.2 and most of its policies (as listed) have not been implemented. The subsequent EAR-based review will have to factor the State-mandated TMDL (Total City of Boynton Beach December 5, 2006 4-26 Evaluation and Appraisal Report Assessment of Plan Elements Maximum Daily Load), a framework for evaluating all possible water quality control efforts that promote closer coordination of local, state, and federal efforts to better guarantee that the water quality goals are met. Objective 7.6 The City shall maintain or reduce current ,estimated hurricane evacuation times if development increases. ''\ Policy 7.6.5 The City shall undertake efforts by 2002 to establish a County surveyor informational program to identify the location and magnitude of the coastal area population requiring assistance in evacuation. The objective as stated has not been implemented although most its poliCies have. The city moved its focus away from monitoring "current estimated evacuation times" to close coordination with the County on emergency preparadness and post disaster planning. The City works directly with the County's Division of Emergency Management and the Local Mitigation Strategy Program to address any issues related to these areas. Policy 7.6.5 has not been implemented and will be reviewed as part of the EAR-based amendments. Objective 7.10 By 2002, the City shall protect, preserve and/or provide for the sensitive reuse of historic properties in the Coastal Management area. The City does not have a historic preservation ordinance (see comments in evaluation of the Land Use Element) and therefore no guidelines for development performance and reuse. Objective 7.11 To provide for the ongoing development of the coastal area in a manner which will reduce the exposure of human life and public and private property to natural hazards by developing a Post-Disaster Redevelopment Plan. See comments to Objective 7.12. The objective has not been implemented as the City does not currently have a Post-Disaster Redevelopment Plan. Any such plan would require re-direction of considerable staff resources. However, Palm Beach County recently organized a post-disaster redevelopment plan meeting involving all its municipalities. The County's Plan (which is multijurisdictional) will be submitted to DCA for review in August 2006. Objective 7.12 By 2015, the City shall minimize population concentrations in the coastal high-hazard area. This is an objective that has not been and will not be implemented; in fact, by 2015 the population concentration is likely to increase. The Coastal Management element was City of Boynton Beach December 5, 2006 4-27 Evaluation and Appraisal Report Assessment of Plan Elements based on minimum criteria existing in 1989. Since that time, the "Eastwar~ .Ho" initiative was developed stressing the importance of redevelopment of the coastal area. In addition, Chapter 163, FS has been amended to reflect emphasis on redevelopment of urban core areas. Furthermore, the Palm Beach County's traffic concurrency system in place exempts from traffic review residential units proposed in the coa~1 area. This emphasis creates an apparent conflict between limiting development in thE\t-!urricane High Hazard area and redeveloping the urban core. The shortage of vacant land and the boom in residential real estate resulted in a fast pace redevelopment activity in the coastal high-hazard areas of the City. Drawing from the Eastward-Ho premise that creating a lively downtown requires people living downtown, and consistently with adopted redevelopment plans, the City increased densities on a number of properties along the US 1 corridor. Some restrictions are in place; for example, the average density in the city's mixed-use core land use area generally allowing 80 units per acre cannot exceed 40 units per acre east of US 1. Moreover, there is an issue of older developments in the Coastal area built at densities exceeding the maximums allowed in the Comprehensive Plan (acknowledged by analysis supporting the element). No consideration was given to the possibility of those properties being redeveloped at some future date (in the long range planning period) or how the non-conforming status was to be handled. The developments are within the City's defined redevelopment area, and could conceivably be redeveloped at existing or higher densities with a land use change. In light of the more recent emphasis on individual property rights, some consideration of this issue should be included in the plan. Impacts of Issues on the Coastal Management Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. There are no identified correlations between the Wastewater Treatment Capacity Issue and objectives in the element. The Affordable Housing Issue can potentially impact Objective 7.12. In preparation for the affordable/workforce housing programs, the City is currently processing a Comprehensive Plan text amendment which would allow special high density land use classification anywhere within its boundaries if workforce units are provided as part of the development. The Special High Density residential land use classification is currently allowed in some coastal areas; the proposed amendment will enable the developers to extend it to others, further increasing population concentrations. Oty of Boynton Beach December 5, 2006 4-28 Evaluation and Appraisal Report Assessment of Plan Elements Element Overview: The Intergovernmental Coordination Element outlines a series of objectives-to increase coordination, interaction and communication with adjacent local governmentsllnd other coordinating entities to maintain constant awareness of the plans and intentions of those entities and to address or anticipate major issues which may involve either a single agency or numerous entities. The City relies on two major mechanisms to implement the policies contained in the element. The first of these is the use of interlocal agreements to formally state intentions for provision of services beyond jurisdictional boundaries and include such diverse topics as joint use of school recreation facilities to mutual aid in handling hazardous materials and establishing a county-wide computer imaging system. The second mechanism is the Palm Beach Countywide Intergovernmental Coordination Process which provides a forum to deal with issues unique to the governments within the County. One arm of that process is the Multi-Jurisdictional Issues Coordination Forum made up of appointed representatives from local governments and utilized as a means of collaborative planning for matters of interjurisdictional significance such as siting of facilities with countywide significance to locally unwanted land uses. Asecond arm is the Intergovernmental Plan Amendment Review Committee (IPARC), made up of planning staff members from local governments and utilized as a clearinghouse for all Comprehensive Plan amendments; as a forum for study and discussion of topics of mutual interest; and as a mechanism for conflict resolution in instances of interjurisdictional land use incompatibilities. Both mechanisms are very successful in promoting intergovernmental coordination and communication. Intergovernmental Coordination Element Assessment: Generally, the objectives of the Intergovernmental Coordination Element have been or are being successfully implemented. Those objectives are not listed; instead, the section reviews the objectives and policies that either have not been implemented or have not been executed as stated and will be evaluated for revision or elimination in the EAR-based amendments. For Comments on implementation of Objectives 8.1 and 8.2, see "Impacts of Issues on the Intergovernmental Coordination Element" at the end of this section. City of Boynton Beach December 5, 2006 4-29 Evaluation and Appraisal Report Assessment of Plan Elements Policies under Obiective 8.4: Policy 8.4.2 The City shall maintain an updated copy of the Comprehensive Plan for the Town of Ocean Ridge in order to evaluate their plans for future beach front recreation and explore'\Potential future agreements that would facilitate joint use and/or provislon. No potential future agreements with the Town of Ocean Ridge regarding the joint use or provision of beach front recreation have been explored. Objective 8.5 The City shall continue to implement standards for parks and recreation facilities that are consistent with the County's park standards. The city has its own standards for parks and does not review them for comparison with and adjustment to standards used by Palm Beach County. Policy 8.5.2 The City shall recommend to Palm Beach County that neighborhood park facilities be required as part of its review of rezonings and water service agreements in the unincorporated area. This policy has not been implemented. Private recreation facilities are part of all residential products as the market demands. They can serve as a "neighborhood park" in suburban-type developments or offer alternative amenities in urban projects. Objective 8.5 will likely be eliminated. Objective 8.8 The City shall coordinate through the Intergovernmental Plan Amendment Review Committee emergency preparedness and post disaster planning, and shall use the resources of the City's Fire Department to implement hurricane disaster plans as well to initiate the development of other disaster plans and strategies. Neither emergency preparadness nor post disaster planning are coordinated through IPARC. The City works directly with the County's Division of Emergency Management and the Local Mitigation Strategy Program to address any issues related to these areas. Policy 8.8.6 The City shall adopt and enforce regulations to require that all new traffic impact statements for residential projects of 100 dwellings units or more which are located in the Hurricane Evacuation Zone formulate an emergency hurricane preparedness plan and shall provide the plan to all residents; this plan is subject to the approval of the City's Emergency Management Officer. Policy 8.8.5 requires that homeowners' associations of residential developments of more than 50 units located in the Hurricane Evacuation Zone provide information concerning City of Boynton Beach December 5, 2006 4-30 Evaluation and Appraisal Report Assessment of Plan Elements hurricane evacuation to their residents. The City considers this policy to be sufficient. Policy 8.8.6 will likely be eliminated. Objective 8.9 The City shall participate in the Lake Worth Lagoon Study, Department of Environmental Resources Management, South Florida Water Management District, and Surface Water Improvement which ~get the improvement of surface waters within, and adjacent to, the City's boundary. The objective will have to be amended to account for the State-mandated TMDL (Total Maximum Daily Load), a framework for evaluating all possible water quality control efforts that promote closer coordination of local, state, and federal efforts to better guarantee that the water quality goals are met. Policy 8.9.1 The City shall participate in the efforts to improve the quality of the areas canals and receiving waterways, and negotiate with the Lake Worth Drainage District in addressing the same. POlicy 8.9.4 The City shall maintain an updated copy of, and promote the application of, the Operating Policies of the Lake Worth Drainage District. Policy 8.9.5 The City should provide the Districts with the City's development requirements concerning drainage, and emphasize the need for them to adopt similar restrictions if the District's standards are less stringent. Policy 8.9.6 The City shall continue to urge Florida Department of Transportation to retrofit existing direct drainage outfalls with drainage retention ponds from state highways to Lake Worth and the Intercoastal Waterway. Moreover, policies 8.9.4, 8.9.5 and 8.9.6 of the objective have not been executed and will undergo a review for EAR-based amendments. The City has not negotiated addressing the water quality with the.Lake Worth Drainage District as directed in Policy 8.9.1. Direct negotiation on water quality issues has been replaced by a program involving County-wide planning through the NPDES (National Pollutant Discharge Elimination System) permitting process, including the incorporation of meeting future TMDL limitations. Meetings are held quarterly, involving all municipalities within the County, plus FOOT and some Improvement Districts. Policies under Obiective 8.10: Policy 8.10.6 The City shall pursue interlocal agreements with local governmentall municipalities that have identified or adopted future City of Boynton Beach December5,2oo6 4-31 Evaluation and Appraisal Report Assessment of Plan Elements land use designations for adjacent unincorporated areas. These agreements would establish "joint planning areas" pursuant to Chapter 163.3171, F.S. The city has no "joint planning area" agreements and has generally not pu.rsued long range strategies regarding its possible future annexation areas. However). the City coordinates with the county on all City's annexations, and reviews all land use amendments proposed by the County in the City's annexation area. Policies under Obiective 8.17: Policy 8.17.3 By 2002, the City will initiate discussions with the Florida Department of Transportation relative to improving the water quality of storm water discharges. Policy 8.17.4 By 2002, the City will initiate discussions with the South Florida Water Management District relative to improving the water quality of storm water discharges from the C-16 (Boynton Beach) Canal. The three policies under Objective 8.17, which directs the City to coordinate with South Florida Water Management District, Florida Department of Transportation, and the Lake Worth Drainage District to improve the local waterway, have not been implemented. Direct negotiation on water quality issues has been replaced by a program involving County-wide planning through the NPDES (National Pollutant Discharge Elimination System) permitting process, including the incorporation of meeting future TMDL limitations. Quarterly meetings with this planning group include FOOT. Objective 8.23 The City will inform the Bethesda Healthcare Corporation, through establishment of coordination mechanisms with the Corporation, of the growth plans of the City, and if necessary, the major factors influencing economic and redevelopment growth. From the coordination, the City will become aware of the Corporation's needs and concerns as it develops its master plan. The City has no ongoing coordination mechanisms with the Bethesda Healthcare Corporation, its biggest employer. However, the City has processed four (4) applications to approve or expand the hospital campus, and assisted Bethesda with zoning approval to adaptively reuse an old manufacturing facility as a service annex. This policy will be reviewed and possibly eliminated. Oty of Boynton Beach December 5, 2006 4-32 Evaluation and Appraisal Report Assessment of Plan Elements ImDacts of Issues on the InterGovernmental Coordination Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issue. ~'\ Major Issue I - Wastewater Treatment Capacity - is linked to the Objective 8.19: Objective 8.19 The City, or the South Central Wastewater Treatment and Disposal Board, shall continue to coordinate with the appropriate entities in order to plan for future treatment facility expansion. The corresponding Policy 8.19.1 requires coordination among the Cities of Boynton Beach and Delray Beach, the South Central Wastewater Treatment and Disposal Board, and Palm Beach County, including the analysis of the buildout population projections of the service area as a basis for facility expansion. The commitment of the two cities toward this end was formalized by interlocal agreement in 1997. Major Issue II - Shortage of Workforce Housing - is linked to objectives 8.1. and 8.2: Objective 8.1 The City shall continue to increase the quality and frequency of the communication and coordination mechanisms between such agencies and entities whose focus is on housing and housing improvement. Objective 8.2 The City shall carry forth, with its Community Development Block Grant Entitlement Status, a comprehensive program to meet the City needs in affordable housing and accompanying infrastructure. The City works closely with many housing agencies in the area. The current affordable housing crisis has Palm Beach County very focused on addressing the issue. The county-wide Housing Needs Assessment Study has just been completed. The County has added affordable housing requirements to its TCEA and CRALLS conditions and is currently revising its residential concurrency exception program (applicable to areas east of Interstate 95) for poSSible inclusion of such requirements. The coordination between the County's municipalities and the County regarding housing issues has proven to be difficult as the policies proposed to alleviate the situation may differ considerably. In recent years, about 30% of CDBG budget has been spent on housing rehabilitation. CDBG monies cannot fund purchase subsidies for which, given the high housing prices, the need is the greatest. City of Boynton Beach December 5, 2006 4-33 Evaluation and Appraisal Report Assessment of Plan Elements There are no identified correlations between the issues and other objectives in the element and no amendments to the Intergovernmental Coordination Element are foreseen as necessary to address the major issues. '\ Element Overview: The Capital Improvements Element, as required by ~163.3177(3) F. S., is designed to show the financial feasibility of providing public facilities and the adopted levels of services, outlined in other elements of the Comprehensive Plan, as well as to provide a short-term (five-year) schedule for the provision of those facilities and services to ensure their availability concurrent with development. The element was amended following the EAR in 2000, and again in 2001 in conjunction with the adoption of the Public School Facilities Element. Capital Improvements Element Assessment: The Capital Improvement Schedule developed in 1989 was placed in the Element's Support Document but never adopted into the Comprehensive Plan, nor was it updated at the time of the 2000 EAR-based amendments. The City adopts its Capital Improvement Plan annually as part of the budget; however, information contained in CIP falls short of meeting all requirements as listed in ~163.3177(3) F. S. The City has not been reviewing the Element and updating the as annually, as required and has to update its current capital planning methodology to meet all state requirements. Additionally, there may be inconsistencies that exist between this element and other elements of the Comprehensive Plan which may have been amended without a review of the Capital Improvements Element. For example, policies contained in Objective 9E.5 regarding the level of service for district and neighborhood parks will have to be amended for consistency with The Recreation and Open Space Element (see also comments to Objective 9C.2). All deficiencies will be addressed in the EAR-based amendments City of Boynton Beach DecemberS, 2006 4-34 Evaluation and Appraisal Report Assessment of Plan Elements Sanitarv Sewer and Potable Water Goal 9.A (Sanitary Sewer) and Objective 9.B1 specify that the city shall "maintain sufficient and equitable financing measures to provide services". Policy9B.1.3 in the Potable Water section reflects the similar policy in the Utilities Element; \ Policy 9B.1.3 Equitable Financing of System Improvements and Operations. The City of Boynton Beach shall continue to fund potable water system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-of-service. Currently, the costs associated with sanitary sewer and the potable water system maintenance and operations are borne by the customers of the system on the basis of the cost-of-service. However, the rate-schedule is inadequate to meet capital improvement demands and capital expenditures are currently funded through the Department of Utilities cash reserves. So far, the Level of Service levels for both sewer and potable water have been maintained. However, there is no committed funding for a 5-year improvement schedule. At present, CIP-designated funds cover one year of capital improvement expenditures. Parks Objective 9C.l By 2002, the City shall provide adequate automobile parking (excluding mini parks), bike rack facilities, and handicap access to all existing and planned, neighborhood and district parks operated by the City by the Year 2000, where available space exists. The objective has been largely implemented. All parks and recreation sites have handicap access as required by law. Some still lack bike racks, but the facilities continue to be installed. Objective 9C.2 The City shall ensure additional public access to recreation sites by providing parks and recreation facilities using, in part, current population data and projections, summary/recommendations "D", proposed park development schedule, Table #2-Neighborhood Park Needs Analysis, Table #3-District Parks Needs and Analysis, and Table #4-Facility Needs Analysis. In 2002 the city hired a consultant to carry out a recreational needs assessment. Subsequently, another consultant was contracted to evaluate provision of parks and recreational facilities within City's boundaries, and to make recommendations through the Parks and Recreation Strategic Plan for the City of Boynton Beach. The Plan includes proposed amendments to the Recreation and open Space Element of the City of Boynton Beach December 5, 2006 4-35 Evaluation and Appraisal Report Assessment of Plan Elements Comprehensive Plan. The overall conclusion was that (I) the City's park system was adequate and met LOS standards; and (Ii) the development of the currently undeveloped city-owned park land will meet future needs beyond a lO-year planning period. The Objective and its policies will have to be reviewed to incorporate th}proposed amendments. Also, existing inconsistencies between the Capital Improvements Element and Recreation and Open Space Element will be removed. In particular, Policy 9C.2.1 of the Capital Improvement Element, which directs the City to adopt a Level of Service of 2.5 acres per 1,000 persons for both neighborhood and district parks is in conflict with pOlicies of the Open Space Element, which now defines the neighborhood LOS of 2.5 acres as advisory. Policy 9C.2.3 The City shall complete, or initiate, the development of facilities consistent with Table 2 - Neighborhood Park Needs Analysis and Table 3 - District Park Needs Analysis. During the last 6 years, the City developed one additional park, a 10 acre intracoastal facility. The tables referred to in the above policy have not been updated in the 2000 EAR-based amendments. The results of the park needs analysis performed by the consultant will be reflected in the current EAR-based amendments. Policy 9C.2.6 By 2002, the City shall initiate development of strategic neighborhood plans with parks as one component. See comments above. Development of strategic neighborhood plans has not been initiated. Objective 9C.3 The City shall increase the proportion of residential developments that provide private recreation areas, and require that future private recreation areas are developed and equipped so as to be the equivalent of a public neighborhood park. Policy 9C.3.5 The City shall continue to require a minimum of 6 acres per 1,000 population park dedication, fees in lieu thereof equal to the value of the land to be dedicated, or a combination of fees and land. As explained in the Recreation and Open Space Element, scarcity of vacant land and the focus on urban-style redevelopment led to the changes in the Oty's Code that will be reflected in the EAR-based amendments. In 2002, in response to these changing circumstances, the City adopted a new Park and Recreation impact fee ordinance. Developers of projects with residential components pay an impact fee; land dedication in-lieu can occasionally be requested if feasible. There are no longer specific Qty of Boynton Beach December 5, 2006 4-36 Evaluation and Appraisal Report Assessment of Plan Elements requirements regarding provision of private recreational facilities and no credit towards the fee is given for such provision to maintain a more accurate and legally sufflciEmt impact fee system. Furthermore, the number and type of facilities provided are clearly determined by the new urban scale as well as consumer preferences. Most of the incoming projects are planned developments, and staff has a lot of inplJt regarding their overall design, but private sector generally responds well to market demancf'f(>r specific amenities. Objective 9C.4 The City shall provide public access to two native habitat sites for the purpose of providing a nature study area by the year 2002 consistent with the development schedule for Seacrest scrub. Objective has been Implemented: access is provided to Seacrest and Rosemary scrub sites. Public School Facilities Since all municipal governments in the County participating in the Interlocal agreement have adopted the same element, any amendments to the element required by changes to Chapter 163 or 9J-5, F.A.C., will be a part of the EAR-based amendments as will any amendments caused by amendments to the school concurrency interlocal agreement or amendments proposed by the Palm Beach County School District. GENERAL: Objectives and policies under Goal 9E Goal 9E To ensure the orderly and efficient provision of all public services and facilities necessary to serve existing and future local population needs. Objective 9E.l To develop a comprehensive and coordinated funding strategy for the implementation of existing or anticipated capital improvement needs as identified in the adopted Capital Improvement Element, the local Comprehensive Plan or through other local planning efforts. Policy 9E.l.5 The City shall annually update the Five Year Capital Improvements Program and accompanying Capital Budget and submit to the Commission a finalized Capital Improvements Program budget prior to January 1st of each calendar year. Policy 9E.l.6 The Five Year Capital Improvements Program shall be consistent with the data and analysis for the Capital Improvements which are required by the Stipulated Settlement Agreement between the City and the Department of Community Affairs. City of Boynton Beach December 5, 2006 4-37 Evaluation and Appraisal Report Assessment of Plan Elements These policies have not been implemented. Pursuant to 9163.3177(3)(b)1., the capital improvement element shall be reviewed on an annual basis and modified as necesSary in order to maintain a finandally feasible 5-year schedule of capital improvements. The CIS must be updated annually. The Capital Improvement Program developed as part of the fiscal year BUdget does not meet all the requirements. These deficiencies will be addressed in the EAR-based amendments. ..\ Objective 9E.2 The City shall continue to require that development and redevelopment proposals are approved conditioned upon existing service availability or the programmed provision of additional services at the adopted level of service standards and meet existing and future facility needs. Policy 9E.2.4 The. Level of Service (LOS) for capital facilities shall be (comments pertain to traffic onlY): Level of Service "C" or better under daily and peak hour conditions on all unspecified City local and collector highway facilities. Level of Service "C" for average daily and Level of Service "D" for daily peak season and year-round peak hour conditions on all non-specified arterial facilities. Level of Service "D" for year round daily and peak hour conditions on Seacrest Boulevard south of SE 23rd Avenue, US 1 between Boynton Beach Boulevard and Woolbright Road, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and for Boynton Beach Boulevard east of 1-95. Level of Service. - "Maintain" for all facilities where Level of Service standards have been exceeded. Levels of Service in the Transportation Element have been amended concurrent with TCEA amendments in 2005. All levels of service "C" have been changed to "0". Policy 9E.2.5 (two sections) Capital improvements related to parks, recreational facilities, roads, drainage, and solid waste shall be based upon the assumption that all land east of Lawrence Road City of Boynton Beach December 5, 2006 4-38 Evaluation and Appraisal Report Assessment of Plan Elements will eventually be annexed into the City and will be developed for urban land uses. This policy has not been implemented. At the time of the 1996 EAR adoption, the references to the Lawrence Road as a western annexation boundarywece removed from the City's annexation plan. Annexation was to proceed case-by-case. ~\ All community redevelopment plans adopted by the City Commission shall include an evaluation of public facilities which serve the redevelopment area to determine whether the levels of service contained in the Plan are met, and to examine sources of funding for any necessary capital improvements related to these public facilities. This policy has not been fully implemented; however, the concurrency management system requires concurrency review for all development orders assuring that the levels of service contained in the plan are met. Policy 9E.2.6 The City shall continue to coordinate capital improvement projects with plans of agencies that provide public facilities within the City as follows: (Section three) State Highways (Interstate 95, Boynton Beach Boulevard, U.S. Highway 1, State Road AlA) and the City's Future Traffic Circulation Plan (Table 20 of the Traffic Circulation Element Support Documents) shall incorporate all of the improvements to state highways which are listed in the Palm Beach County Transportation Improvement Program, and all of the improvements listed in The Florida Department of Transportation 5-Year Transportation Improvement Program. The City shall continue to require improvements by developers and/or payment of impact fees, in order to maintain the adopted levels of service on state highways, and shall require the dedication of the necessary right-of-way for state highways. Furthermore, the City shall continue to lobby Palm Beach County, the County Metropolitan Planning Organization, and the Florida Department of Transportation in order to ensure funding and construction of needed improvements to state highways. This section needs to be amended. The City reviews, but does not incorporate the improvements listed in the Palm Beach County or the DOT programs into its City of Boynton Beach December 5, 2006 4-39 Evaluation and Appraisal Report Assessment of Plan Elements Transportation Element. In the EAR-based amendments, such improvements Will be included in the CIS to the extent that they are relied upon to ensure concurrency arid financial feasibility as required by ~163.3177(3)6 F. S. Objective 9E.7 The City shall establish formal procedures ~o limit public expenditures that subsidize development in the coastal high-hazar~rea. Policy 9E.7.1 The City shall continue to enforce the policy that limits subsidizing development in the coastal high hazard area defined as the barrier island and all areas within two blocks of the Atlantic Intracoastal Waterway between Northlake Boulevard and the Broward County Line by formulating a Post-Disaster Redevelopment Plan that address the extent of rebuilding after a major storm event. The purpose of the Plan would be to identify any areas of the coastal high hazard area that would be restricted or developed in an alternative manner. The Post-Disaster Redevelopment Plan should be completed prior to the Five Year ComprehenSive Plan update. No formal procedures to limit public expenditures in the coastal high-hazard area have been established and the City does not have the Post-Disaster Redevelopment Plan. Impacts of Issues on the Capital Improvements Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. ISSUE I: Wastewater Treatment capacity Three objectives are found to be linked to the issue. Objective 9A.l Prevention of Urban Sprawl. Development and redevelopment will be encouraged in areas presently served adequately by existing sanitary sewer facilities. The related policy requires that future development and redevelopment in the City shall take advantage of existing sanitary sewer facilities, wherever possible. Objective 9E.2 The City shall continue to require that development and redevelopment proposals are approved conditioned upon existing service City of Boynton Beach December 5, 2006 4-40 Evaluation and Appraisal Report Assessment of Plan Elements availability or the programmed provIsion of additional services at the adopted level of service standards and meet existing and future facility needs. Policies to achieve Objective 9E.2 include the adoption of a level of. service for wastewater treatment of 90 gallons per capita per day and the statement ~at capital improvements related to water and sewer service shall be based upon the assumption that all land within the utility service areas will eventually be developed for urban land uses served by central water and sewer systems. These two factors are the basis for acknowledging that increase in treatment capacity will be necessary to serve the city's population at buildout. Objective 9E.4 Maintain a capital program that can be adequately accommodated by projected revenues or other financial resources. Related policies require that public facilities financed by enterprise funds, which include sanitary sewer service are to be financed by: 1. Debt to be repaid by user fees and charges for enterprise service; 2. Current assets (i.e., reserves, surpluses, and current revenue, including transfers); or, 3. A combination of debt and current assets. This ensures that mechanisms exist to finance required improvements to the wastewater system. It is important that capacity is monitored so that these improvements are added to the City's Capital Improvements Plan in a timely manner so they are available concurrent with future demand. There are no identified correlations between the issue and other objectives in the element and no amendments to the Capital Improvements Element are foreseen at this time as necessary to address the issue. ISSUE II: Shortage of AffOrdable/Workforce Housing There are no identified correlations between the issue and other objectives in the element and no amendments to the Capital Improvements Element are foreseen at this time as necessary to address the issue. Element Overview: The Public School Facilities Element was adopted into the Comprehensive Plan on December 18, 2001. This was the culmination of two years of intergovernmental coordination, with 26 municipalities, Palm Beach County and the School district working to develop a plan, which includes the responsibilities of each government entity as a party to an interlocal agreement. Each of the municipalities and the county has adopted a Public School Facilities Element. City of Boynton Beach December5,2006 4-41 Evaluation and Appraisal Report Assessment of Plan Elements The Element provides for future availability of public school facilities consistent with the adopted Level of Service (LOS) standard, established under school concurrency and the maintenance and enhancement of joint planning processes and procedures for coordination of public education facilities for planning and decision makirlg. . Palm Beach County remains the only county in the State of Florida that "'1.opted a school concurrency ordinance Public School Facilities Element Assessment: The implementation of this Element established school concurrency as a growth management tool aimed at insuring that construction of classroom space keeps pace with the demands resulting from residential construction. The goal of school concurrency was to have all schools operating at no more than 10% over capacity by 2004. The three components of the concurrency plan are: (1) Joint planning among municipalities, the County and the School District; (2) A financially feasible five-year capital improvements plan for school construction that enables the District to catch up and keep up with growth; and (3) Regulatory review of all new residential projects by the School District. Section 163.3177, F.S. required Palm Beach County to identify, as a part of its EAR, Changes needed in its public school element necessary to conform to the 2005' public school facilities element requirement. Since all municipal governments in the County participating in the interlocal agreement have adopted the same element, any amendments to the element required by changes to Chapter 163 or 9J-5, F.A.C., will be a part of the EAR-based amendments as will any amendments caused by amendments to the school concurrency interlocal agreement or amendments proposed by the Palm Beach County School District. The City has implemented all Objectives and Policies of this Element and has been working closely with the Palm Beach County School District. The examples of this cooperation are the City's Fire Rescue Emergency Management team's involvement in the construction of a hurricane evacuation shelter in the Boynton Beach High School and the cooperation between the city and school district on the recent redevelopment of the Congress Middle School. Impacts of Issues on the Public School Facilities Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated Changes in circumstances or problems and opportunities regarding the issues. There are no identified correlations between the issues and objectives in the element. Oty of Boynton Beach December 5, 2006 4-42 Evaluation and Appraisal Report Assessment of Plan Elements ~'1 Over the last 5 years, Boynton Beach has experienced a rapid growth, with high pace of both residential and nonresidential development and redevel~ment. While growth contributes to a healthy tax base for the City, it also creates additional demand for infrastructure and public services. This section of the EAR will discuss the financial feasibility of implementing the comprehensive plan and of providing needed infrastructure to achieve and maintain adopted level-of-service standards and sustain concurrency management systems through the capital improvements element, as well as the ability to address infrastructure backlogs and meet the demands of growth on public services and facilities (163.3191(2)c, F.S). CONCURRENCY MANAGEMENr Pursuant to F.s. Sec. 163.3161, et seq., The City of Boynton Beach implemented the Concurrency Requirements Ordinance in 1990. The purpose of the Ordinance is to ensure that adequate public facilities are in place concurrent with the impact of development. Therefore, concurrency management involves review by all the pertinent service providers to determine if services and infrastructures are adequate to serve proposed development on a subject property. The Planning and Zoning Division serves as a coordinating center for the implementation of the Concurrency Requirements. The City of Boynton Beach Comprehensive Plan contains "level of service standards" for infrastructure and services either provided by the City or another entity (the County or the Public School District) through an interlocal agreement. These services include potable water, wastewater, solid waste collection, drainage, parks and recreation, roads and public schools. A discussion of the City's ability to provide "level of service standards" for infrastructure follows. POTABLE WATER, WASTEWATER AND STORMWATER Maintaining adequate Level of Service (LOS) standards in the provision of public facilities is dependent upon several factors. One primary factor, especially in such a rapidly growing area, is the construction or development of adequate new facilities to keep pace with the rate of population growth. A second factor deals with the replacement or renewal of infrastructure that can no longer assure the delivery of adequate services. Both of these factors are addressed through the City's Capital Improvement Program (CIP) bUdget. That budget is funded through the imposition of Capital Facilities Charges, for the growth-related City of Boynton Beach December 5, 2006 5-1 Evaluation and Appraisal Report Special Topics portions, and also through transfers from the utility operating fund into either the renewal and replacement or the reserve accounts. Capital Facilities Charges have been established by code to reimburse the City for its investment in new facilities based on a cost per gallon of installed capacity, and the anticipated demand exerted from new construction of reSiQential, commercial or industrial establishments. The Capital Facilities Charges are evaluated periodically so as to assure that the amount collected is in keeping with the changing cost of constructing expanded facilities. They are being reviewed as part of a rate study now underway. Renewal and Replacement activities are funded via transfers from the utilities operating bUdget. Rate-funded activities must therefore be maintained at a sufficient level to assure an adequate flow of funds into these essential activities. Whereas the operating budget is primarily concerned with funding ongoing maintenance and upkeep of the City's facilities, the transfer to renewal and replacement (or reserves) assures that the City will be able to maintain the integrity and reliability factors that are critical to guaranteeing the current LOS standards. In the City of Boynton Beach service area, potable water, sanitary sewer, stormwater, and solid waste services are maintained through the collection of rates, which are billed on a monthly basis. The current rates for water, sewer and stormwater are currently set below the level necessary to fund all projected capital improvements. Potable Water The LOS for potable water is adopted as 200 gallons per capita per day. The Utilities Department of the City of Boynton Beach provides potable water service to approximately 95,000 people within the City, the Town of Ocean Ridge, the Town of Briney Breezes, and unincorporated areas of Palm Beach County. It operates two distinct water treatment facilities; the West Water Plant capable of producing 10.4 million gallons per day (MGD) using a membrane softening process; and the East Water Plant capable of treating 24 MGD using a lime softening process. At the present. time, capacity at the East Plant is limited to an average of 8 MGD due to regulatory restrictions on aquifer withdrawals. The City has a total of 29 wells (18 east and 9 west) feeding water to the treatment plants, from the surficial aqUifer. Supplementing its installed treatment facilities and surficial aquifer wells, the City also operates two Aquifer Storage and Recovery wells, which increase its capability to store excess treated water during wet seasonal weather, and then use that water during the dry season. These wells reduce the City's necessity for relying on surficial aquifer supplies during dry weather, in a cost-effective manner, and provide additional peaking capacity during the dry season. City of Boynton Beach December 5, 2006 5-2 Evaluation and Appraisal Report Special Topics In addition to the capacity of these two treatment plants owned by the City, the City may purchase up to 5 MGD of potable water through an interlocal" agreement and interconnections with Palm Beach County Water Utilities. The firm average daily capacity now available for use by the City is 23 MGD, whereas the peak day capacity available is 27 MGD. The City's historical peak day pumpage is 20.26 MGD. '\ Wastewater The City's adopted LOS for wastewater is 90 gallons per capita per day. The City's wastewater service area mirrors its potable water service with a few notable changes. Through interlocal agreements, the City of Boynton Beach provides wastewater transmission and treatment to portions of the Town of Hypoluxo, and the entire Village of Golf. These two areas receive potable water service from sources other than the City. The City owns and maintains an extensive wastewater collection and transmission system, including 157 wastewater pumping stations. The City is also co-owner of the South Central Regional Wastewater Treatment and Reclamation Facility. That facility has a treatment capacity of 24 MGD, with a Reclaimed Water component of 10 MGD. Its highest 3-month average daily flow for the past year is 18.533 MGD. All new construction within the incorporated area of the City is required to connect to the wastewater collection system. Outside of the City, the minimum LOS may remain individual septic tanks in older, already established neighborhoods. The feasibility and cost-effectiveness of retrofitting existing neighborhoods using septic tanks in the unincorporated area may require those facilities to remain in use for some time. All new construction outside of the City is also being required to connect to a central wastewater collection system, where one is present, by the governing jurisdiction. The City also owns a distribution pipeline for Reclaimed Water, which it intends to expand through the Capital Improvement Program for the purpose of reducing demands upon the surficial aquifer system during dry weather. Stormwater The City owns and operates stormwater treatment and conveyance systems within City rights-Of-way, and only within the City limits. The City also maintains a number of stormwater retention areas, and two stormwater pumping stations, which were constructed through the CIP budget. The City continues to construct stormwater improvements on an as-needed basis in conjunction with its renewal and replacement activities for other utility piping systems. City of Boynton Beach December 5, 2006 5-3 Evaluation and Appraisal Report Special Topics The adopted LOS for all new construction is based upon the criteria established by the regional water manager, the South Florida Water Management District. SOLID WASTE , The City of Boynton Beach is part of a countywide Solid Waste Management program. As such we are dependent on Palm Beach County to provide capacity for the Solid Waste generated within the Boynton Beach city limits. Palm Beach County's annual EAR report is as follows: The Solid Waste Authority of Palm Beach County has disposal capacity available to accommodate the solid waste generation for the municipalities and unincorporated county for the coming year, and has sufficient capacity for both concurrency management and comprehensive planning purposes. Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5.005(4). As of September 30, 2003, the Authority's North County Landfills had an estimated 39,442,993 cubic yards of landfill capacity remaining. Based upon the existing Palm Beach County population, the most recently available population growth rates published by the University of Florida Bureau of Economic and Business Research (BEBR), and projected rates of solid waste generation, waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be available through approximately the year 2024 assuming the depletion of the Class I and Class III landfills are apprOXimately balanced. The Authority continues to pursue options to increase the life of its existing facilities and to provide for the entire County's current and future disposal and recycling needs. As part of its responsibility, the Authority will provide an annual statement of disposal capacity, using the most current BEBR projections available. PARKS AND RECREATION City Park LOS is established in the Comprehensive Plan and Recreation & Open Space Element (RjOS). Park LOS is calculated by comparing City population to current inventories and then expressing the results in terms of total acres available per 1,000 population. At present, there are 2.5 acres/lOOO population LOS for district parks and an advisory 2.5 acre~1000 population LOS for neighborhood parks (there is an inconsistency in the Plan: in the Capital Improvements Element, the latter is also construed to be adopted). The Plan also has a land dedication policy, requiring developers of residential projects to dedicate 6 acres of land for a park or pay a fee-in-Iieu; this is inconsistent with City of Boynton Beach December 5, 2006 5-4 Evaluation and Appraisal Report Special Topics the current Land Development Regulations. In 2002, in response to the changing environment (near-depleted inventory of vacant land, redevelopment in urban~' areas), the City adopted a new Park and Recreation impact fee ordinance. The impact fee replaced land dedication requirement, even though land dedication in- lieu of an impact fee can occasionally be requested if feasible. Provision of private recreation facilities no longer generates credit toward the impact{:e. Payment of impact fee (or conveyance of a real property) is made prior to the issuance of an applicable building permit. In May 2004, the Park and Recreation Department contracted with consultants to develop a Parks and Recreation Strategic Plan for the City of Boynton Beach and to revise the Comprehensive Plan element based on the adopted Strategic Plan, the Conceptual Parks and Recreation System Map and narrative and Implementation Strategies. A new draft Recreation and Open Space Element will undergo a final review as a part of the EAR-based amendment process. It will include a review and consolidation of LOS figures and elimination of internal Plan inconsistencies regarding the level of service. TRANSPORTATION The Public Works Department requires each development to submit a traffic concurrency study adhering to Palm Beach County's Traffic Performance Standards (TPS). The key objective of the concurrency system is to ensure that development orders are not issued by the City for projects whose traffic will cause adjacent roadways to exceed the adopted level of service (LOS). Both the City's Public Works Department and the County's Traffic Engineering Division review each concurrency study for compliance with the County's TPS requirements. Over the past 18 months, TCEA and CRALLS designations were adopted for specific areas within the City in anticipation of traffic concurrency issues. TCEA designation was adopted to facilitate downtown revitalization and urban redevelopment; it covers the d.owntown and surrounding neighborhoods. A significant number of projects has been approved within the TCEA, however, few are yet completed. TCEA defines ceilings for residential and commercial developments within the area; current levels remain well below these thresholds. CRALLS designation was set up for two intersections on Congress Avenue (Gateway Boulevard and Old Boynton Road) and a segment of Old Boynton Road. Additional capacity permitted under CRALLS will be used by a mixed use development on Congress Avenue currently in approval process; however, the City has identified 6 properties with a redevelopment potential within the area which may use this additional capacity in the future. City of Boynton Beach December 5, 2006 5-5 Evaluation and Appraisal Report Special Topics City Roads The City of Boynton Beach maintains only one arterial roadway that is integral to both the State and the County arterial network. This roadway, Gateway Boulevard, between 1-95 and Congress Avenue, has recently been. Chose.Q to be widened to six lanes by the City as a mitigation measure for a nearby private development that received a CRALLS designation for required off site roadway improvements. Gateway Boulevard is the only City's arterial roadway with 4 or more travel lanes. The City has also identified a need for future monitoring of SW 8th Street from Woolbright Road to Boynton beach Boulevard. Although this road segment is operating well within LOS standards, it is anticipated that traffic volumes will continue to increase, suggesting a need for capacity improvements in the future. Lastly, Old Boynton Road will be widened to 3 lanes as part of the said CRALLS designation. LOS for all city streets and collector highway facilities is "0" for peak hour conditions; LOS for unspecified arterial facilities is "0" for peak season peak hour conditions. As stated above, the City operates under the county's Traffic Performance Standards and does not have a separate concurrency management ordinance for its streets. Consequently, there is no monitoring system in place and LOS standards on certain City's streets have not been reevaluated. County and State Roads The County and State have adopted a LOS 0 for all roads under their jurisdiction. Neither the State nor the County have roadway capacity improvements planned for the next five years on streets located within the City. In 2008, the County plans to fund a study for design of improvements to Golf Road from Military Trail to Seacrest Boulevard, and in 2010 a study for Hypoluxo Road from High Ridge Road to Seacrest Boulevard. Public Transit Palm Beach County provides fixed-route bus service through Palm Tran. The bus system is composed of 34 routes with most routes in operation seven days per week. During weekday peak hours, up to 107 buses are utilized to provide service. Coordination with Tri-Rail is provided by linking fixed-route bus service to Tri-Rail stations (Mangonia Park, West Palm Beach, Lake Worth, Boynton Beach, Delray Beach and Boca Raton) in the County. Palm Tran also has shuttle service between the West Palm Beach Tri-Rail station and the downtown of West Palm Beach. There is no adopted LOS for public transit. City of Boynton Beach December 5, 2006 5-6 Evaluation and Appraisal Report Special Topics PUBLIC SCHOOLS To implement school concurrency, the County has been divided into 21 geographic zones known as concurrency service areas (CSAs). When a residential development application is filed, School District planners look, first at the CSA directly affected. If there is no available capacity at the 1'iearest school(s), they look to an adjacent CSA. If there is still no capacity available, the developer must postpone or pay for more classroom space to be built (mitigation). For a proposed project to receive concurrency credit, a school does not have to actually be physically standing, if it is scheduled to be built and opened within the next three years. The 26 municipalities that signed the Interlocal Concurrency Agreement were: City of Atlantis, City of Belle Glade, City of Boca Raton, City of Boynton Beach, City of Delray Beach, City of Greenacres, Town of Haverhill, Town of Hypoluxo, Town of Juno Beach, Town of Jupiter, Town of Lake Clarke Shores, Town of Lake Park, City of Lake Worth, Town of Lantana, Village of North Palm Beach, City of Pahokee, Town of Palm Beach, City of Palm Beach Gardens, Town of Palm Beach Shores, Village of Palm Springs, City of Riviera Beach, Village of Royal Palm Beach, City of South Bay, Village of Tequesta, Village of Wellington, City of West Palm Beach. An essential factor in the Interlocal Concurrency Agreement is the Five-Year Capital Facilities Plan. To meet the demand for educational facilities the School Board, through the funding of the Capital Facilities Plan opened seven new schools and four replacement schools in August 2002, adding 7,515 seats. Four additional new schools and seven replacement schools opened in August 2003 with 6,686 new seats. The County and School Board have a joint process to coordinate efforts on population and student enrollment projections, and currently, student enrollment in the County is growing in excess of 3,500 students annually. The County, the School District, and local governments also have a process of coordination and collaboration in the planning and siting of publiC school facilities, which includes the integration of school facilities with land uses. There are 38 additional new schools and modernizations included in the Five-Year Capital Facilities Plan, which are scheduled for completion between 2004 and 2006. Due to the State's Class Size Reduction referendum, building costs are exceeding budgeted amounts, but to date, there have been no school concurrency suspensions. The Five-Year Plan projects student population to the 2008/2009 school year, and includes sufficient capacity to accommodate the projected population and the adopted LOS. Regarding the financial feasibility of the Plan, the costs of the school projects completed in 2002 were within two percent of the amounts budgeted. Projected costs for the Plan's unbuilt projects increased between the 2002 and the 2003 budgets, primarily due to the Class City of Boynton Beach December 5, 2006 5-7 Evaluation and Appraisal Report Special Topics Size Reduction (CSR) referendum. Revisions in projected costs have also been the result of inflation, the addition of student stations, changes in site locations. and changes in programs. The plan is still considered to be financially feasible. SHORT TERM FINANCIAL FEASIBILITY The City reviews and extends its 5-year Capital Improvement Plan conCBrrently with the annual budget. The CIP includes improvement schedules for all but enterprise departments (water and wastewater, sanitation and golf course). Facilities plans are expected to be financially feasible, i.e. demonstrate the ability to finance capital improvements from existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted LOS for each year of the five year planning period. No deficiencies have been recognized in the current Comprehensive Plan; however, the high growth rate during the last five years put a substantial strain on the City's service delivery system. The projections suggest that the City's population may grow by another 12% between 2005 and 2010. Because of the sharp slowdown of the residential market, short-term population projections may have to be revisited. WATER, WASTEWATER AND STORMWATER The Department of Utilities prepares and updates a 10-year CIP budget as a means of identifying needs, and forecasting the funding of needed infrastructure improvements. At this time, the lO-year forecast for utilities capital improvements (related to potable water, wastewater and stormwater) is $263,346,229. For the upcoming fiscal year 2006-2007, the anticipated expenditure by category is as follows: Table 6. Water, Wastewater and Stormwater: Planned Capital Ex enditures for 2006-2007 Fiscal Year Potable Water Wastewater Storrnwater Miscellaneous/multiple element ro' ects Includes replacement and upgrade existing transmission mains in redevelopment areas Includes inflow and infiltration control City of Boynton Beach December 5, 2006 5-8 Evaluation and Appraisal Report Special Topics The total anticipated need for FY 2006-07 is therefore projected at $27,580,250. The City currently has sufficient funds on hand to cover the anticipated FY 2006-, 07 capital needs, but not the needs projected for the following years. Thus, financial feasibility of a 5-year plan has not been determined. The City anticipates completing a rate analysis during the next 6-months that will identify possible funding mechanisms and/or rate adjustments that will allow it'i~ raise the needed capital for both 5- and 10-year periods. The financially-feasi8le CIE will be prepared by December 1, 2007. SOLID WASTE The capital bUdget of the Solid Waste Authority (SWA), approved by the Board annually as part of the budget approval process, addresses the short-term (five- year) capital improvement projects. This plan and budget includes both a Renewal and Replacement component, including the development of landfill cells, and a Capital Improvement component that addresses new or expanded facilities or equipment. The five-year plan also includes those projects funded by Bond proceeds. The SWA has issued Revenue Bonds to construct some of its capital projects, such as the acquisition and construction of the Southwest County Transfer Station, and are included in the capital budget. The capital budget of the SWA shows no backlogs or deficiencies in the five-year plan. PARKS AND RECREATION In 2005, concurrency was exceeded for the adopted district park LOS of 2.5. The City has a 68 acres of undeveloped park land and, given that it is nearly build- out, the inventory is unlikely to increase much beyond this number. According to the projections, by 2010 the City will have approximately 7,000 more residents. The City's Capital Improvement Plan shows $4,790,000 expenditures for development of about 44 acres of new parks (including 2005/2006 bUdget year and projections through 2008/2009). The additional acreage would result, by 2010, in the total provision level exceeding 4.5 acres per 1000 population, the current actual level of service for all parks within the City. In terms of source of funds, the schedule is financially feasible for the first 4 years (there are committed funds for the first 3 years, and planned funds for the fourth year) but not for the 2009/2010 fiscal year. The inconsistencies in the Plan will be addressed and LOS levels redefined as a part of the new Recreation and Open Space Element in the EAR-based Plan amendments. A new combined LOS for all parks will likely be considered. The deficiency in CIE also has to be addressed by December 1, 2007. City of Boynton Beach December 5, 2006 5-9 Evaluation and Appraisal Report Special Topics TRANSPORTATION The City of Boynton Beach has no roadway major improvements planned over the next five years. Surface maintenance will proceed based upon condition ratings. Financial feasibility for resurfacing is assured for the next 4 years. This deficiency in CIE will have to be addressed by December 1, 2007. \ LONG-TERM FINANCIAL FEASIBILITY Even though all elements of the Comprehensive Plan include specific completion target year in some of their policies, the plan as a whole does not recognize short-and long planning terms. For the current plan, these would be 2005 and 2010. For certain facilities, such as water and wastewater, longer periods may be considered. This deficiency will be addressed in the EAR-based amendments. The City has not adopted a long term concurrency management system and - with the exception of Utilities Department - does not extend its CIP beyond a 5 year planning period. However, long term financial feasibility must be considered; revenues should be adequate to fund facilities that are likely to be needed by 2015 and beyond. By then, City's population is expected to grow by another 10%, to about 82,000. Buildout population (or buildout completion year) cannot be determined as infill and redevelopment continues; moreover, annexations will continue to occur. WATER AND WASTEWATER Most of the City's growth-related expenditures are expected to occur with the next 15 years. Beyond than, capital activities will focus upon renewing aging infrastructure, adapting to technological innovations, and maintaining the existing facilities. As much of the City's anticipated growth between the present time and build-out will occur via redevelopment of existing developed areas, the overall rate of growth is expected to decrease from that which was experienced over the past 20 years. Future elected officials should periodically review rates to assure that funding for the maintenance, renewal and improvement of the utility system is made available so as to maintain the adopted LOS. As stated earlier, the user fees at a current rate do not cover capital improvement for these facilities. Clearly, the City's priority is to have a financially feasible 5-year plan. An ongoing rate study will address this issue; other funding sources will also be considered. Moreover, the City will have to complete a 10- year water facilities plan pending finalization of the South Florida Water Management District's lO-year water use plan for the Lower East Coast. Anticipated completion date for the City's study is Spring 2008, based upon City of Boynton Beach December 5, 2006 5-10 Evaluation and Appraisal Report Special Topics current schedules. However, the City is also looking at a water supply strategy through the year 2025. A study focused on long-term strategic issues has just, been completed (see the next section - Long-Term Water Supply and Comprehensive Plan). Water conservation is an .important part of a long term water supply strategy. The City is planning to expand its reclaimed water distribution system, an"k focus on replacing irrigation using potable water with the use of reclaimed water. This potable water irrigation, which occurs primarily in the coastal zone, is not the best and highest use of such highly treated drinking water, and causes the City to have a higher per capita consumption than is desirable from a water conservation standpoint. Success at replacing 1-2 million gallons per day of potable water now used in irrigation will decrease the need for capital facilities expansion of the potable water system, and demonstrate better stewardship of our natural resources. Wastewater treatment capacity has been identified as a long-term issue, beyond a 10-year planning horizon. As explained in the Major Issues section of Chapter 1, Regional Wastewater Treatment Facility has Y4 its total capacity available to meet the demands of both the City of Boynton Beach and the City of Delray Beach for the 10-year planning horizon. Sufficient land is available within the existing site to expand the treatment facility, which may be necessary to meet the capacity demands at buildout. The source of funding for alternative options to address the issue have not been identified. SOUD WASTE The long-range planning for the Solid Waste Authority (SWA) is accomplished first through an annual evaluation of remaining disposal capacity at the County's existing landfill. The annual evaluation is titled The Landfill Depletion Model Report. The current year's analysis indicates that the existing site will provide disposal capacity for the county until approXimately 2023. Beyond the capacity in the existing landfill, the SWA owns a 1600-acre parcel in the western portion of the county (Everglades Agricultural Area) that can serve as a disposal site when the existing landfill is depleted. The time horizon to initiate the development of plans for the western site is approximately ten years from now. Assuming the use of this site, there is no long-range deficiency in disposal capacity for the County. Oty of Boynton Beach December 5, 2006 5-11 Evaluation and Appraisal Report Special Topics PARKS AND RECREATION There is no long-term (beyond 2010) capital improvement plan for park development; however, it is anticipated that the development of the remaining city-owned park land would increase the inventory sufficiently for the LOS standards to be met every year till 2015. Generally, about one third of toe long- term Parks and Recreation Department capital improvement funding wbt. come from developers' impact fee fund; among other revenues, grants have been a significant source during the last five years and are expected to remain so; borrowing option will also be considered. TRANSPORTATION The City of Boynton Beach relies on the Palm Beach County Metropolitan Planning Organization's (MPO) model to project long-range traffic conditions and make recommended long-range improvements. The MPO has adopted the Year 2025 Transportation System Plan. The MPO's Cost Feasible Plan within the City of Boca Raton addresses all modes of transportation. In addition to the MPO's plan, the City is striving to better manage the existing transportation network through ATMS improvements utilizing Cent cameras, video detection, dynamic message signs, signal coordination, etc. In addition the City has adopted a Transportation Demand Management (TOM) program for the downtown area, and the City is currently modifying their land development regulations to require TOM programs along the North Federal Highway corridor. The objective of TOM is to reduce single occupancy trips and peak hour travel. RECOMMENDATIONS The Capital Improvements Element, and particularly the five-year Capital Improvement Schedule (CIS) needs to be completely revised and updated. The sources of funds (committed and planned) for facility improvements need to be specified as defined by Section 163.3164(32), F.5.. CIE will be submitted to DCA by December 1, 2007. Legislation passed by the State in 2002 requires local governments to prepare a 10-year Water Supply Facilities Work Plan (Work Plan). The intent of the legislation is to strengthen the coordination of land use and water supply planning with the goal of ensuring adequate regional water supply for the long City of Boynton Beach December 5, 2006 5-12 Evaluation and Appraisal Report Special Topics term. The Work Plan must project water facilities needs for at least a 10-year period and identify any deficiencies. As stated earlier, the City will have to, complete a lO-year water facilities plan pending finalization of the South Florida Water Management District's 10-year water use plan for the Lower East Coast. Anticipated completion date for the City's study is Spring 2008, based upon current schedules. This plan will be adopted into the Utilities Element's., Potable Water section. \ The base of the plan will be a long-term potable water supply strategy study recently completed for the City by a consultant. The study examines alternative sources of water and methods of treatments capable of delivering adequate capacity for present and future uses (through 2025), and doing so cost- effectively. The favored option includes two facets: 1. Constructing a new raw water pipeline to transmit water from the west weUfield to the east water plant, where surplus capacity already exists. 2. Converting the existing West Plant from a nanofiltration plant to an LPRO facility by changing the existing treatment units. Based on population projections for the City's water service area (134,725), the average and peak day water demand in 2025 will be 23.8 MGD and 33.4 MGD, respectively. The consultant recommended that the City extend its contract with the Palm Beach County Water Utilities Department for an interim period to allow construction of the selected improvements. The construction is projected to extend to the first quarter of 2013. The total capital improvement cost for this option is expected at $63,228,000, with the 25-year net present value at $79,055,929. The Capital Facilities Account currently contains approximately one-third of this value. The additional is anticipated from a combination of future Capital Facilities Charges realized from growth, and also from future bonded indebtedness. The City Commission will consider bond issuance during fiscal year 2006-07. The City's current plan is based upon the existed Lower East Coast Water Supply strategy of the South Florida Water Management District. Future changes to that strategy, now under consideration by the District will be reflected in the City's lO-year Facilities Plan, due in 2008. City of Boynton Beach December 5, 2006 5-13 Evaluation and Appraisal Report Special Topics Reduction of Land Use Density and Property Rights As per 1994 State definition, the coastal high-hazard area is the area below the elevation of the category 1 storm surge line as established by a Sea, ~e, and Overland Surges from Hurricanes (SLOSH) computerized storm surge moael. In the City of Boynton Beach, the coastal high-hazard area comprises properties located east of US Highway 1 along the eastern boundary of the City. A large percentage of the current land uses within the coastal high-hazard area is residential, with densities ranging from 4.84 up to 80 dwelling units per acre. In coming years, the Mixed Use and the Mixed Use Core future land use classifications would allow for steep density increases on a large number of properties compared to the present as-built levels. Durino the last planning period there have been no reductions of residential densities in the area. However, a land use amendment currently in process would reclassify approximately 35 acres of land developed with single-family homes from the Mixed Use to Low Density Residential, reducing the density from 40 units to 4.84 units per acre. This amendment would reverse the action taken by the City in 2000, when the area (the Inlet Cove neighborhood) was reclassified to Mixed Use land use in anticipation of redevelopment activity, based on the analysis indicating that it was suitable for more intensive uses. Nevertheless, while the recent real estate boom generated a large number of redevelopment project along the US 1, the City's earlier expectations regarding the area in question were not realized. The City's action to return the neighborhood to its previous Low Density Residential land use was fully endorsed by residents, who increasingly opposed higher densities in adjacent neighborhoods. The issue of property rights impairment has not been raised. However, there is an issue of several older multi-family developments in the coastal high-hazard area built at densities exceeding the maximums allowed in the Comprehensive Plan. The built densities range from 17.9 to 40.0 du/acre, as compared to 10.8 du/acre permitted by the Plan. No consideration was given to the possibility of those properties being redeveloped at some future date (in the long range planning period) or how the non-conforming status was to be handled. The developments are within the City's defined redevelopment area, and could conceivably be redeveloped at existing or higher densities with a land use change. In light of the more recent emphasis on individual property rights, some consideration of this issue should be included in the plan. City of Boynton Beach December 5, 2006 5-14 Evaluation and Appraisal Report Special Topics It needs to be emphasized that future redevelopment of the said non-conforming properties would adhere to the more stringent building code regulations enacted. following Hurricane Andrew, which would make them safer for the residents than the current structures, which are between 30 and 40 years old. '\ Issues related to coordination of public schools with the comprehensive plan are not relevant for the City of Boynton Beach since school concurrency was implemented in Palm Beach County in 2002. Therefore, the County and its municipalities' are exempt from this section. A summary of successes related to public schools and planning, is described in the Public School Facilities Element. The Transportation Concurrency Exception Area (TCEA) for the Boynton Beach CRA became effective on April 3, 2005. It extends over a substantial portion of the City's downtown (see Map 0 in the Appendix) and covers areas included in the City's three major redevelopment plans (US 1 and Boynton Beach Boulevard corridors and the Heart of Boynton neighborhood). Consistently with the c;ity's Comprehensive Plan, all redevelopment plans foster integrated mix of land uses and encourage multi-modal transportation options, but their implementation will nevertheless generate additional vehicular traffic impacts both within the TCEA and the adjacent areas. The intent of the TCEA establishment was to facilitate implementation of these plans through the elimination of the concurrency requirements and concurrent mitigation of their vehicular impacts through a variety of measures adopted into the Comprehensive Plan. The measures, addressed in several Transportation Element policies, focus on development and promotion of a safe, convenient, multi-modal transportation system, including walking, bicycling, and public transit. For example, Policy 2.4.12 specifies desirable design features for streets within the TCEA boundaries, such as low speed turning radii; new continuous and permanent on-street parking; pedestrian-scaled lighting; narrow travel lanes; curb extensions or bulb outs; installation of shading street trees; bus stops and other transit enhancements; widening sidewalks; installation of bicycle lanes; and use of brick crosswalks. Designs features for streets and projects promoting pedestrian mobility and overall connectivity in the downtown urban environment are also recommended in the recently approved "Urban Design Guidelines for the Redevelopment Area in the CRA". City of Boynton Beach December 5, 2006 5-15 Evaluation and Appraisal Report Special Topics Implementing TCEA-related Policy 2.4.10, which addresses the promotion of the mass transit and augmentation of the existing local transit system (Pam Tran), the CRA began trolley operations in July 2005. The two lines currently being run are the Cross Town route which runs from Ocean Avenue to Congress Avenue and the Ocean route which runs from Ocean Avenue to the City Oceanfront Park. Current ridership is approximately 5,968 passengers per month The_ CRA is planning to add a route for Federal Highway in fiscal year 06/07. '\ Before the end of 2006, the City will commission a study to develop a detailed local transit plan. The plan will help to determine the future role of the trolley vis-a-vis the Pam Tran system. Since the adoption of the TCEA, a number of projects has been approved; none are yet completed. The program set up thresholds for residential and nonresidential - office, industrial, hotel and other - developments, subsequently adopted into the Comprehensive Plan. Additionally, the appropriate land use mix is addressed through the required ratio of residential units to 1,000 square feet of non-residential space. The number of units, non-residential square footage, total daily trips and total p.m. peak hour trips remain presently below the maximum levels. However, since only concurrency exception will allow many more redevelopment projects to be approved in TCEA locations, TCEA is achieving its purpose. Without TCEA, the downtown and the surrounding areas could not reached densities and intensities needed to create a truly urban environment. Both the City and the Palm Beach County have concluded that Boynton Beach TCEA is in compliance with the new requirements of 163.3180(5) F.5.. However, the formal response of the DCA has yet to be issued. If DCA deems it necessary, the City will re-evaluate and amend TCEA-related policies as a part of EAR-based amendments. The City of Boynton Beach operates under the Palm Beach County Traffic Performance Standards Ordinance; it does not have an additional concurrency ordinance addressing the level of service on its streets. The County's responsibility for countywide transportation concurrency is mandated through its Charter. All development orders require traffic study or a traffic statement to be reviewed for concurrency by County's Traffic Division staff. Therefore, there is a continuous monitoring of the LOS levels for the roadways impacted by development and redevelopment activities, and concurrency is granted in a meaningful and consistent manner between the county and the City. City of Boynton Beach December 5, 2006 5-16 Evaluation and Appraisal Report Special Topics The City's cooperation with the County has been very successful. Two "Special Transportation Areas" were established during the period under consideration:, Transportation Concurrency Exception Area (TCEA) and Constrained Roadways at a Lower Level of Service (CRALLS), both in 2005. The City continues to coordinate with the County for improvements that are coincidental to specific projects, trying to secure county's funds and negotiating develoJ>e{-funded improvements. The recent examples are developer-funded widening of ~teway Boulevard and a bridge on Old Boynton Road, for which county's money is sought. Staff reviewed the methodology and process of concurrency granting as well as other aspects of the cooperation with the County on transportation planning. After the consultation with the County's Traffic Division, it was concluded that the process works well and no changes are needed in concurrency responsibilities between the County and the City. City of Boynton Beach December 5, 2006 5-17 Evaluation and Appraisal Report Special Topics " MAPA CITY OF BOYNTON BEACH FUTURE LAND USE MAP esend u_~ lONDENSITY RESDENTlAl (LOR) ~ ".IM D.UJAcno MOOERATEOENSITYRESIDENTW..(MODR) lIIfx. 7.28 D.U MEDIUM DENSITY RESIDENTIAl.. (MEDR) Malt. 9.58 D.UJAcnl HIGH DENSITY RESlDENTlAl (HDR) Mall. 10.8 D.UJAcnI SPECIAL HIGH DENSITY RESIOENT1AL (SHDR) 07-1&-08 -- i i i r. ! N A "" ''''' 3,000 4,.500 11.000 ,~ - - _"__~t.._ CITY OF BOYNTON BEACH. VACANT PARCELS REMAINING DEVELOPABLE PARCELS OF 2 OR MORE ACRES . o 1,.250 2,500 - - 5,000 MAPS N A Vacant ResJd_tlal Vacant Collftlfterc" V.Cllnt tn......... 7,500 10,000 Fool RESIDENTIAL AND MIXED USE PROJECTS APPROVED ON SITES INTENDED FOR INDUSTRIAL USES MAPC ~ ~ ;! GOLF RD ::i i II lC is .. ~..,o 3 . :z ~ CI o :z N A - - - o 1,2.50 2,500 5,000 7,500 Feet to,<<Xl DEVELOPMENT AND REDEVELOPMENT ACTIVITY ALONG US 1 CORRIDOR MAP 0 .__.~----_._---+~-- I i ! i [ [ [ , i ____J__~__ HYPOWXO RD -r~'---'- ~ i . .. !j N A 1 , ;1 " ~ -r i I i , I I , , ; / II !l .. .. I I I , I , I i i --~-----_._~._--+--- TaSRD, o. 'ntntc..stIIl _~_ GOLF AD ___ _ __ _ ___ ..,,",". Legend eRA Ar.. Bound.ry e Note: Malrlna VlII-. BOO Eo Ocean, The Promenade, Uptown Lofts, Easbkle Lofts and Heritage Club .... mixed .... projects. Unle.. otberwtM noted, .11 .......,nlng projects .... residential. ProJecb we,.. IIppnwed between 2000 and Mil)' 2006. o 1.250 2.S00 5.000 7.S00 Feet 10.000 - - Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 14, 2006 E. Update on CRA Boundaries (pulled by Marie Horenburger) F. Resolution No. 06-02 Regarding Sponsorship Funding (pulled by Guarn Sims) '\ G. Update on Five Town's College (pulled by Guarn Sims) H. Contract Approval- Geoweb for CRA Property Database I. Fa~ade Grant Reimbursement - C.K:s Locksmith - $15,000 (pulled by Guarn Sims) J. Contract for Issuing RFP for Continuing Contract Services - Corey O'Gorman (pulled by Jeanne Heavilin) K. MLK Corridor Development Agreement Update (pulled by Guarn Sims) L. Contract Approval - Kimley-Horn and Associates - for Regulatory Monitoring of the Mangrove Mitigation Area M. Contract Approval - Native Technologies for Maintenance of the Mangrove Mitigation Area N. Contract Approval - Burkhardt Construction for Maintenance of the Promenade. Motion Ms. Heavilin moved to approve the consent agenda items that were not pulled for discussion. Vice Chair Norem seconded the motion that passed 7-0. Ms. Brooks began addressing Consent Agenda Item E, but then realized the Pulled Consent Agenda items were scheduled for later on the agenda. VII. Public Hearing (as reordered) Old Business - None New Business: E. EAR Reoort Revision 1. Project: Agent: Description: EAR Report Revision City of Boynton Beach Request to approve the revised EAR, which addresses the deficiencies identified by the Department of Community Affairs in the original EAR report. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 14, 2006 Hanna Matras, Planner, reported the City had submitted an Evaluation and Appraisal Report (EAR) to the Department of Community Affairs (DCA), as required by statute, in December of 2005, but it was returned for revisions and required additions. The City revised the report and upon adoption by the City, the revised report will be transmitted to DCA forreView.~me of the identified deficiencies were: ' . Lack of financial feasibility analysis for the Comprehensive Plan-determined improvements necessary to maintain adopted Level of Service standards; . Lack of review of changes to statutes, rules and Strategic Policy Plan and their relevance upon the City's Plan; and . Lack of analysis of successes and shortcomings of each Plan's elements. DCA had also been critical of the process that led to the identification of sanitary sewer capacity as the only "Major Issue" that would receive special attention through the evaluation process. Ms. Matras reported the shortage of workforce housing had been recognized as the other "Major Issue" facing the City. DCA had performed a courtesy review of the revisions and based on verbal communications, no deficiencies had been noted by DCA. Staff recommended approval of the revised report for transmission to the DCA. Ms. Horenburger confirmed the required revisions had been made. Motion Ms. Horenburger moved to approve. Vice Chair Norem seconded the motion that passed 7-0. Attorney Spillias mentioned he did not believe the floor had been opened for public comment on the EAR item. Chair Tillman opened the floor for the public to speak on item VII-E, Ear Report Revision. With no one coming forward, Chair Tillman closed the floor for public comment. A. Public Notice of Intent to DisDose of Real ProDertv Identified as Lots 452 and 453. Cherrv Hills. Ms. Heavilin interjected she had been on the advisory board for Habitat for Humanity. She had not had any business relationships with them recently and none regarding this project. Vivian Brooks reported the CRA had recently purchased a lot in the Cherry Hills area of the Heart of Boynton. At the board's direction, it was proposed the CRA donate this property to the South Palm Beach Habitat for Humanity to help the CRA achieve its goals in developing workforce housing. Pursuant to Florida Statutes, when property was disposed of by a CRA for less than fair value, such disposition required the approval of the board at a duly noticed public hearing. If the board approved this transfer of property, staff would commence to publish notice of the intended transfer and if, after 30 days of publication of notice, no other developers had submitted proposals, the transfer would become effective and an agreement would be executed with the South Palm Beach Habitat for Humanity. 4 1 RESOLUTION R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH ADOPTING THE 5 EVALUATION AND APPRAISAL REPORT FOR THE 6 CITY OF BOYNTON BEACH COMPREHENSIVE 7 PLAN; STATING THE INTENT OF THE COMMISSION 8 TO AMEND THE COMPREHENSIVE PLAN BASED 9 UPON RECOMMENDATIONS CONTAINED IN THE 10 REPORT; AND APPROVING TRANSMITTAL TO THE 11 DEPARTMENT OF COMMUNITY AFFAIRS IN 12 ACCORDANCE WITH SECTION 163.3191, FLORIDA 13 STATUTES; PROVIDING AND EFFECTIVE DATE. 14 15 WHEREAS, The Florida Legislature intends that local planning be a continuous and 16 ongoing process; and 17 18 WHEREAS, the City Commission has adopted the City of Boynton Beach 19 Comprehensive Plan, Ordinance No. 89-38 on November 17, 1989 and subsequent 20 amendments; and 21 22 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to 23 periodically assess the success or failure of the adopted plan to adequately address changing 24 conditions and state policies and rules; and 25 26 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt 27 needed amendments to ensure that the plan provides appropriate policy guidance for growth 28 and development; and 29 30 WHEREAS, final Evaluation and Appraisal Report review hearings were held with 31 the Planning and Development Board on November 28, 2006 and with the Community 32 Redevelopment Agency Board on November 14, 2006, and 33 34 WHEREAS, the City Commission, acting in its dual capacity as Local Planning 35 Agency and City Commission, has reviewed the Evaluation and Appraisal Report and held 36 an advertised public hearing, provided for participation by the public in the process; and 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 39 THE CITY OF BOYNTON BEACH FLORIDA: 40 41 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 42 being true and correct and are hereby made a specific part of this Resolution upon adoption 43 hereof. 44 S:\CA \RESO\Evaluation and Appraisal Report (2006).doc ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Section 2: Appraisal Report Exhibit A. The City Commission docs hereby adopt the Evaluation and for the City of Boynton Beach Comprehensive Plan, attached here as Section 3: The City Commission does hereby state its intention to amend thc City of Boynton Beach Comprehensive Plan (Ordinance No. 89-38) in accordance with the recommendations contained in the Evaluation and Appraisal Report. Section 4: The City Commission does hereby approve transmittal of the Evaluation and Appraisal Report to the Department of Community Affairs for the purpose of a sufficiency review in accordance with Section 163.3 J 91, Florida Statutes. Section 5: This Resolution shall become effective immediately upon its passage. Section 6: repeal ed. All Resolutions and parts of Resolution in conflict herewith are PASSED AND ADOPTED this day of December, 2006. CITY OF BOYNTON BEACH Mayor -- Jerry Taylor Vice Mayor - Robert Ensler Commissioner ... Mack McCray ATTEST: Commissioner Jose Rodriguez City Clerk Commissioner - Carl McKoy (Corporate Seal) S:\CA\RESO\Fvaluation and Appraisal Report (2006).doc , <rt }--. ., VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office Requested City Comrrrission Meetine. Dates Date Final Form Must be Turned in to City Clerk's Office [8:J December 5, 2006 0 January 2, 2007 0 January 16, 2007 0 February 6, 2007 November 20, 2006 (Noon,) 0 February 20, 2007 December 18,2006 (Noon) 0 March 6. 2007 January 2, 2007 (Noon) 0 March 20, 2007 January 16, 2007 (Noon) 0 April 3, 2007 February 5, 2007 (Noon) NATURE OF AGENDA ITEM o AnnouncementslPresentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements [8:J Public Hearing o o [8:J Legal o UnfInished Business o February 20, 2007 (Noo~ :z: o MllICh 5, 2007 (Noon) <: N \D March 19.2007 (Noon) -0 :x ~ N W o O-i :::;-< -<0 0"" ,-"" 010 ;<)-< :::<:% u>'-i o 0% ...., -qCD -fTl 0)> rtln :x: City Manager's Report New Business RECOMMENDATION: Please place this request on the December 5, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on November 28, 2006, reconunended that this request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-200. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Miraflor (ANEX 06-009) Bradley Miller of Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest boulevard, approximately 0.5 mile south ofHypoluxo Road and innnediately north of Pine Point Villas Request to annex the subject property (3.87 acres). PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Development ~ City Manager's Signature Assistant to City Manager ~ Planning and Zo S:\Planning\SHARED\ WP\PROJE irector City Attorney / Finance \Miraflor\ANEX\Agenda Item Request Miraflor ANEX 06.009 12-5-06.doc SoIBULLETlNlFORMSIAGENDA ITEM REQUEST FORM.DOC TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-200 Chairman and Members Planning and Development Board and City Commission Kathleen Zeitler ~ Planner . V Michael W. Rump~ Director of Planning and Zoning November 21, 2006 Miraflor at Boynton Beach / ANEX 06-009, lUAR 06-022 To annex the property, reclassify from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 du/ac) and rezone from Residential, Multi-Family (Palm Beach County RM) to Multi-Family Residential (R-3). Property Owner: Applicant; Agent: location: Parcel Size: Existing land Use: Existing Zoning: Proposed land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION SCI Funeral Services of Florida, Inc. Miraflor at Boynton Beach, llC / Miller Land Planning Consultants West side of North Seacrest Boulevard, approximately 0.5 mile south of Hypoluxo Road and immediately north of Pine Point Villas (see location Map - Exhibit "A"). 3.87 acres (168,650 square feet) Institutional (Palm Beach County INST) Residential, Multi-Family (Palm Beach County RM) High Density Residential (HDR 10.8 dwelling units per acre) Multi-Family Residential (R- 3) 40 town homes Page 2 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-Family (RM); South : East: Townhomes (Pine Point Villas Condo) classified High Density Residential (HDR) and zoned Multi-family Residential (R-3); Right-of-way for North Seacrest Blvd, and farther to the east / southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Moderate Density Residential (MODR 7.26 du/ac) and zoned Single-Family Residential (R-1); and farther to the east / northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi- family (RM). West: Right-of-way of Interstate-95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment, and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with surrounding development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the Oty at present; and, 5. The proposed development will contribute to the overall economic development of the City. PROJECT ANALYSIS Mr. Bradley Miller, agent for the property owner sa Funeral Services of Florida, Inc., is proposing to annex 3.87 acres and amend the future land use to High Density Residential and rezone to Multi- family Residential. The subject property is located on the west side of North Seacrest Boulevard approximately one-half (0.50) mile south of Hypoluxo Road. The parcel has 161 feet of frontage on Seacrest Boulevard, a depth of 857 feet, and is situated between Palm Beach Memorial Park (in unincorporated Palm Beach County) and Pine Point Villas (in the Oty). Mr. Hector Sardina, Managing Member of Miraflor at Boynton Beach, LLC and contract purchaser, is proposing a total of Page 3 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach 40 townhomes on the subject parcel, to be constructed in one (1) phase, and completed by October, 2008. The subject property was originally part of the Palm Beach Memorial Park Cemetery, and slated as a future expansion area of the cemetery. The applicant's project description states that a recent sale of the Memorial Park subdivided this unused parcel from the original cemetery parcel. The property owner has submitted a notarized Affidavit which states that the subject property "has never been used for burial sites, had never contracted to sell plots for burial, nor used for crematory purposes". This property is located within a future annexation area of the Qty. Accompanying this request for voluntary annexation are requests to amend the Future Land Use Map of the Comprehensive Plan to classify the annexed land as "High Density Residential", to rezone this property to Multi-family Residential (R-3), and for new site plan approval. The proposed zoning would provide for the construction of 40 townhome units with a gross density of 10.34 dwelling units per acre. Because the subject property is less than ten (10) acres, the Florida Department of Community Affairs (DCA) classifies this as a "small scale" land use amendment. Unlike a "large- scale" amendment of ten (10) acres or more, a "small-scale" amendment is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local comprehensive plans prior to adoption. Site Plan Concurrent with this request for annexation, land use amendment, and rezoning, the project will require a site plan approval and boundary plat approval prior to the issuance of any building permits for the project. The site plan submitted for the proposed townhouse development indicates one (1) internal private cul-de-sac street with direct access to Seacrest Boulevard. A total of five (5) buildings are proposed, each being two-story. A total of eight (8) townhouse units would be located within each building. Each dwelling unit would indude three (3) bedrooms, three (3) bathrooms, and a one (l)-car garage. The townhouse units would be marketed as workforce housing, and owned condominium-style. The dwelling units would be individually owned, however the remainder of the development, including buffers, parking spaces, tot-lot with gazebo, and dry detention areas would be common areas, owned and maintained by the homeowners association. Review Based on Criteria 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 the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezonIng would be consIstent wIth applIcable comprehensive plan policies Including but not limited to, a prohibition against any Increase In dwellIng unit density exceeding 50 In the hurricane evacuation zone without written approval of the Palm Beach County Emergency PlannIng Division and the CIty's risk manager. The planning department shall also recommend limitations or requirements, which would have to be Imposed on subsequent development of the property, In order to comply with policies contained In the comprehensive plan. Page 4 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach The subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other applicable objectives and policies contained in the comprehensive plan include: Policy 1.17.5 The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located in the City's future annexation area, and is located outside the area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan. The proposed project is similar in density and type of development to the adjacent residential development to the south (Pine Point Villas). Therefore it is consistent with the directions of Policy 1.17.5. Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use ElementsH The provision of multi-family housing, as proposed on this site, is seen as a recent trend in the City to develop smaller parcels with infill residential development (multi-family projects and townhouses), thereby increasing the range of housing choices available to the market, and providing consistency with Policy 1.19.1. b. Whether the proposed rezoning would be contrary to the established land use pattem, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent development and zoning in the area. The proposed project is for a multi-family residential community that is complimentary to the development patterns in the area along the Seacrest Boulevard corridor, especially adjacent development to the south. c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed land use amendment and rezoning are the minimum changes to the property, to naturally accompany the annexation of this property from Palm Beach County. The proposed amendment is consistent with the future land use classification as recommended on the Future Land Use Map for this unincorporated area, and is consistent with surrounding land uses and zoning, both in the City and the adjacent unincorporated area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public fadlities. Page 5 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach The proposed land use amendment and rezoning is compatible with utility systems, roadways, and public facilities. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 17,200 gallons for water and 7,740 GPCD for sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. The traffic study prepared by the applicant's consultant indicates the project anticipates a traffic generation rate of 280 new trips per day, with available roadway capacity on Seacrest Boulevard. The Palm Beach County Traffic Division has reviewed and approved the project for traffic concurrency and notes a project build-out date of 2009. The School District of Palm Beach County has determined that adequate capacity exists to accommodate the projected student population generated from the proposed project. Lastly, drainage will also be reviewed in detail as part of the review of the building permit application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The compatibility of the requested land use designation and rezoning has been discussed above. Adjacent development (Pine Point Villas) represents high density residential development at a similar density. The current use within the adjacent development to the south is multi-family residential, similar to the proposed project. The density of the proposed development is 10.34 dwelling units per acre (du/ac), slightly less than the maximum density of 10.8 du/ac allowed in the High Density Residential classification. The residential development to the northeast (San Castle subdivision) in unincorporated Palm Beach County is similarly zoned Residential, Multi-family (RM). f. Whether the property is physically and economically developable under the existing zoning. The subject site was historically set aside as a future expansion area for the cemetery, and sold off as a separate parcel. There is a conflict between the existing County Institutional (INST) land use classification and the County Residential Multi-family (RM) zoning district currently on the subject property. The applicant intends to have the subject property annexed, reclassified, and zoned under the City's jurisdiction. The proposed development would be similarly classified and zoned as the contiguous property to the south. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed land use amendment and rezoning will allow for development of multi-family townhomes at a scale comparable, consistent, and compatible with adjacent existing development. The size of the subject parcel will afford a development similar in nature to Page 6 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach surrounding residential development, and will contribute to the range of housing opportunities available in the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready allowed. The subject property is located in the Oty's annexation area. Both the type of housing (multi- family attached) and density (10.34 units per acre) proposed for the development is consistent with adjacent development in the City. There are very few comparable-sized vacant parcels within the City which could accommodate such a development, and which also support the objective to provide housing units at less than market prices. CONCLUSIONS/RECOMMENDATIONS In conclusion, and as indicated herein: 1. This request is consistent with the objectives of the Oty's annexation program; 2. The requested land use amendment is consistent with the Oty's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with adjacent development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 5. The proposed development will contribute to the overall economic development of the Oty. In addition, the proposed site plan meets the minimum requirements of the City's Land Development Regulations. Therefore, staff recommends approval of the request for annexation, land use amendment, and rezoning subject to satisfying all recommended conditions (see Exhibit "c" - Conditions of Approval). If the Planning and Development Board or the Oty Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS S:\PIanning\SHARED\Wp\PROJECTS\Hiraflor\LUAR\STAFF REPORT.doc Exhibit nAn - Miraflor Location Map r-.. !_..~i 'III ._,--- -.. ----.---. ,,,::,.,, , .- ___.MO i t==- ~ t.---------r !!. 1 -1' '.' !- y--i ilii> City Border ~ % ~fr@ ITtr-~ '--c--j i 1j. I I'r, ~ .J I L " I j ~ MENTONE ;8 ~l)-~ ',; . '/; ~ < v ~ . I >' '" I. '. w '" z I -J ~ W -J a: ~ S '. '." i", COUNT~ R3 - l'VIulti!famil~ ResiCJential --< -, ':;i , '" .......~ [i" '" PINE POINT .... w '" R,1-;;- Sing le~falTlilx, ~ w .... ll: t-Rbid~bti~:~~ (J) u ll: "-' <( w w .... -J '" I' ) I ' "e"",>,,;,' ;<'; r PALM w U:L ::""l C) '" 9 a: a: BAYVIEW - g; , T '. ~ . ',. " ~ z u <( r('.s .... w ,,' g.,.. z w " ",';, ~:5 C) , <, 1" lc z k.., , g~ ~ .i',", " ~ ",' ','", ARTHUR -~ . , " .. -~-. - .'" \, c(' :; -~ " -l Cj r J " T~ g; I I 1 ~ (I I I I I I ,,1'....';,,' 150 o 300 600 ~~ s E 1.200 'Feet ~ ...~ . ..w.;,, ,l.~II!1 I1III i ~ ,I ~". 'I I . . ~ I il :, , ~~'" - .... !11!j i!il rl'l !I :I,.II!! 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I II l:,' I I ! ~ I Ii ' · I . ._ = I I I -.-----... 1~llillll!illiilliji ( 11~lllilll!,II~!l1 15 Ii 1,1', ldh I ~! ~i 111;1~laJIII! ,~! 1'1 ~ Imlilll~I!11111i 111,1,111I11 11;1" 5 ~ I luJ 1110 11111111111 II liUljlll s !~, ! 11.11 !;15d!1 I 'I 11I1 Hfli' HW [U; I i i I ~h ~ ~fd [~ii , i II~ I :I~ I If " I - 'Ii ' - i . . . . I . ~!Xh !!XE in! "I %;'ll'llt:t<< . n ! .~ HW I HWi ~f! ~f f . Ii I[f ~ [ I[f ~ . l- n q II n - = I . . - . . . I 16; ~iii II; '='='= III 'll1Cllll: . ~' ~ ~~ I!r -- , EXHIBIT "8" ....._,.,........,AIl.. r""""" ... (lICIOIl...,....."....) -,.t .-. I f n '1-- :- : 1-- 'I , . , !I Jul III 'III J. , I g i I ,I 'II ", :'1 --- .__.__..~.,.,. "<Xoo::IIn_. nill !ili! 'liil f 'UI !I~ !l~HIII IJr'I lI'Jn,II 1111~ hi U 18 I I, I III 11 'I ~ I i!f If h~ I ~ ., ., l1\ J I . I '1: ,r ory of Boynton Boach. FIorido ~ I Miraflor at Boynton Beach 1 ~ r HypokJXO Road I Seactest BouIevad 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 3.87+/- ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY BOUNDARIES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, SCI Funeral Services of Florida, Inc., owner, by and through its agent, 23 Miller Land Planning Consultants of the property more particularly described hereinafter, 24 have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of 25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of 26 land consisting of appro'ximately 3.87+/- acres; and 27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) 29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 30 WHEREAS, said tract of land lying and being within Palm Beach County is 31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 32 annexation, constitute a reasonably compact addition to the City boundary. S:\CA \Ordinances\Planning\Annexations\Annexation _ Miraflor.doc 1 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. That each and every Whereas clause is true and correct. 4 Section 2. Pursuant to Article 1, Section 7 (32) of the Charter of the City of 5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 6 unincorporated and contiguous tract of land situated and lying and being in the County of 7 Palm Beach, Florida, to wit: 8 SITUATED IN THE COUNTY Of PALM BEACH AND STATE OF FLORIDA, AND KNOWN 9 AS BEING A PART OF THE REPLAT OF PART Of LINCOLN Of LINCOLN MEMORIAL 10 GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS 11 FOLLOWS: 12 13 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF LAND 14 AS CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN VOLUME 15 4784, PAGE 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF 16 SEA CREST BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY; 17 18 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 19 THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 20 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 21 THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT; 22 THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT; 23 THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 24 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT; 25 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT; 26 THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT; 27 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT; 28 THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT; 29 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 30 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT OF 31 WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST, 161.27 FEET 32 TO THE POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168,650 SQ. FT,) OF 33 LAND. 34 35 36 Subject to easements, restrictions, reservations, covenants and rights-of- 37 way of record. 38 39 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 40 and become part of the City with the same force and effect as though the same had been S:\CA\Onlinanccs\Planning\Annexations\Annexation - Miraflor.doc 2 8 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 9 repealed. 10 Section 6: Should any section or provision of this Ordinance or any portion thereof 11 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 12 the remainder of this Ordinance. 13 Section 7: This Ordinance shall not be passed until the same has been advertised 14 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 15 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 16 17 Section 8. Section 9. This ordinance shall become effective immediately upon passage. This ordinance, after adoption, shall be filed with the Clerk of the 18 Circuit Court of Palm Beach County, Florida. 19 20 FIRST READING this day of ,2006. $:\CA \Ordinances\Planning\Annexations\Annexation _ Miraflor.doc 3 1 SECOND, FINAL READING and PASSAGE this __ day of ___._ , 2007. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 23 City Clerk 24 25 26 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Jerry Taylor .-..-----..------ .--_.,---- Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner Carl McKoy S : \(: A \Ordi nanccs \P lann iog 'v\ nncxat ions \Annex at ion - M i railor. doc 4 rJr. '. (- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Corrnnission Meetim!: Dates in to City Clerk's Office Meetine Dates ~ December 5, 2006 November 20, 2006 (Noon.) D February 20, Z007 D January 2, 2007 December 18, 2006 (Noon) D March 6, 2007 D January J 6, 2007 January 2, 2007 (Noon) D March 20. 2007 D February 6, 2007 January 16, 2007 (Noon) D April 3,2007 D Announcements/Presentations D NATURE OF D Administrative D AGENDA ITEM D Consent Agenda ~ D Code Compliance & Legal Settlements D ~ Public Hearing D VIII.-PUBLIC HEARING ITEM ~. Date Final Form Must be Turned in to City Clerk's Office February 5. 2007 (Noon) February 20, 2007 (N~ :z: Marcb 5. 2007 (Noon) ~ N March 19,2007 (Noon)'-D " 3: ~ City Manager's Report N New Business N n 0-1 -1-< -<0 n'TI rw fTlO 00-< ::Xx '-i <f>o 0% 'TIw :21'T1 o~ 1'T10 ::c Legal Unfinished Business RECOMMENDATION: Please place this request on the December 5,2006 City Conunission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on November 28, 2006, reconnnended that this request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-200. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: MiraDor (LUAR 06-022) Bradley Miller of Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest boulevard, approximately 0.5 mile south of Hypoluxo Road and innnediately north of Pine Point Villas Request to amend the Comprehensive Plan Fnture Land Use Map from Institutional (Pahn Beach County INST) to High Density Residential (HDR 10.8 dulac); and DESCRIPTION: Request to rezone from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3). Proposed use: Residential development consisting of 40 multi-family townhome units. ity Manager's Signature Assistant to City Manager ~ PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Develop 2.,(J7 L/ Planning and Zfilrig Director City Attorney I Finance S:\Planning\SHAREO\WP\PROJECTS\Miraflor\LUAR\Agenda Item Request Miraflor LUAR 06-022 12-5~6.doc S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING 8. ZONING DIVISION MEMORANDUM NO. PZ 06-200 TO: Chairman and Members Planning and Development Board and City Commission Kathleen Zeitler ~ Planner . V Michael W. Rump~ Director of Planning and Zoning FROM: THROUGH: DATE: November 21, 2006 PROJECT NAME/NUMBER: Miraflor at Boynton Beach / ANEX 06-009, LUAR 06-022 REQUEST: To annex the property, reclassify from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 du/ac) and rezone from Residential, Multi-Family (Palm Beach County RM) to Multi-Family Residential (R-3). PROJECT DESCRIPTION Property Owner: SCI Funeral Services of Florida, Inc. Applicant! Agent: Miraflor at Boynton Beach, LLC / Miller Land Planning Consultants Location: West side of North Sea crest Boulevard, approximately 0.5 mile south of Hypoluxo Road and immediately north of Pine Point Villas (see Location Map - Exhibit "AU). Parcel Size: 3.87 acres (168,650 square feet) Existing Land Use: Institutional (Palm Beach County INST) Existing Zoning: Residential, Multi-Family (Palm Beach County RM) Proposed Land Use: High Density Residential (HDR 10.8 dwelling units per acre) Proposed Zoning: Multi-Family Residential (R- 3) Proposed Use: 40 town homes Page 2 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach East: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-Family (RM); Townhomes (Pine point Villas Condo) classified High Density Residential (HDR) and zoned Multi-family Residential (R-3); Right-of-way for North Seacrest Blvd, and farther to the east j southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Moderate Density Residential (MODR 7.26 dujac) and zoned Single-Family Residential (R-l); and farther to the east j northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi- family (RM). Right-of-way of Interstate-95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). Adjacent Uses: North: South: West: EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment, and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with surrounding development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 5. The proposed development will contribute to the overall economic development of the City. pR.OJECT ANALYSIS Mr. Bradley Miller, agent for the property owner SCI Funeral Services of Florida, Inc., is proposing to annex 3.87 acres and amend the futUre land use to High Density Residential and rezone to Multi- family Residential. The subject property is located on the west side of North Seacrest Boulevard approximately one-half (0.50) mile south of Hypoluxo Road. The parcel has 161 feet of frontage on Seacrest Boulevard, a depth of 857 feet, and is sitUated betWeen Palm Beach Memorial Park (in unincorporated Palm Beach county) and Pine Point Villas (in the City). Mr. Hector Sardina, Managing Member of Miraflor at Boynton Beach, LLC and contract purchaser, is proposing a total of Page 3 ANEX 06-009, WAR 06-022 Miraf/or at Boynton Beach .., tow,,_ 00 "'" wbftxt "'"", to be "''''''''''''' " 00, (I) P,"w, 'Cd <omp'e"" by October, 2008. The ,"bject P_rty "" on"""1y "'" of "'" p.1m ""'" """""" P.~ c""e<.,y, "'" .."" " , f","~ -,,,"" ."" of"", _. The '''''''oe, """'" """"'Ion .."" .., . ~'" wk of "'" "em"., ""'" Wbd""", "'" ""_ "'''''' f",," "'" oc."" ""''''<.,y "'''''. The p~, ""~ ,,, w",",,.,, · "",,,.'" A_it Which ..'" .., "'e '"bftxt """""' "" ,_ bee, """ foe bo"" ''''', ,"d """ """"t<'", to "'" _ m, """', "'" """ foc Oem'",", P",p,,,,,, This property is lOCated Within a future annexation area of the City. Ikmm_", "'" """'" foe "",.", '"''''bee ,~ """"'. to ","'" "'" F","~ ",Cd Uw """ of"", <00,"""_ A," """"~ "'e _ ,,"' " 'HO' """.~ R"'","""" to_e "'0 ""- to "W/j-f.tmlty _.,' (R- 3), "'" foe '- .. "', '''''''''',. The """"'" ""'" """'" - roc the """- of 40 -- ""'" "'"' , '''''' d.,.~ of 10.34 _Ii", ""'" pee "'"'. -"" "'e -- "-"' " .,. the, "" (10) _, "'e Florid, -rtment or Commo"'~ A""" (ilCA) do_ "'" " , '_ =.. "'" "" ,_~" U'like, .,,_ -. ''"'''''men, of,," (10) - oc -, , ''''',,,-=.' 'm",,_, 0 'd"Pled """ to "'""""'" " !he iJCA, ,"d " "'" "'''e""" foe <om",_ wi", !he "", """", '"' ,=, comprehensive plans prior to adoption. ""''''"'''' wi", "'" """'" foe '"-, "'" "" 'mend_, 'Cd _'''', Ih, ""'" w'" ,_co , "" P., '''''''''' '''' boo"',,,, ~'" ''''',""" pH,,, to !he ,,,'" "'" 0' "'Y bo'",,,, "'m'. m, "'" '''''''" The... "', -- foe"", __ """''''''' d_ ''''lot"" "'" (I) "to"," - """'"= -. "'"' direct '''= to s",,,,,,, "'01""",. A....' of "" (5) """""'co -, ... bel", -_. A....' of _ (8) tow""''''' 0"" """" be ...... With" .,'" "",,,,,,. ..'" _"'" ""it """" ',dOde "''''' (3) """""'" .... (3) "'""-, '"' ' one (l)~ go_. The """'- 0"" """" be """"'" " """"'^" ''''''''''' '''' """" ~"'om-",,,- The _II"~ ""'" ""0" be "",...""" ""''', "'''''''' "'" "'""""" of "'" --, ,""""", - "'''''''' """", ""-lot .... gore"" '"" dty -bee "eo, """" be common areas, OWned and maintained by the homeowners association. Site Plan The """, """ to """'" Com_", eta, 'm""_. ,"d """'" '" 1_ " "'" "'rid """'- R..""""",, ~, 2, ","on " ""'""""- and --."" l"m c. C""""",,,-.. Pen -"""'ts.- """"- Th", ,""", '" """"'" to be "'" of , "'" '""I"" when "" pm"""" """9' '''''"''''' '" 'm"""",", 10 /he Com"""""", "'" _, land Use Map. ReYiew Based on Criteria B. Whether the pro/1OSed rezoning would be consistent with applicable comprehensive plan POlicies inclUding but not limited ~ a Prohibition against any increase in dwelling unit density exceeding 50 in the hUlTicane evacuation zone Without W/'itten apProval of the Palm Beach County ~ Planning - and the 0Iy. - _. The """""'w department shall also recommend limitations or reqUirements, which ~~~vembe~/1OSedon_~u~~~~~~~~~~m onter to comply With policies COntained In the comprehensive plan. Page 4 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach The subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other applicable objectives and policies contained in the comprehensive plan include: Policy 1.17.5 The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located in the City's future annexation area, and is located outside the area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan. The proposed project is similar in density and type of development to the adjacent residential development to the south (Pine Point Villas). Therefore it is consistent with the directions of Policy 1.17.5. Po/icy 1.19.1 The City shall continue efforts to encourage a fiJlI range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements" The provision of multi-family housing, as proposed on this site, is seen as a recent trend in the City to develop smaller parcels with infill residential development (multi-family projects and townhouses), thereby increasing the range of housing choices available to the market, and providing consistency with Policy 1.19.1. b. Whether the proposed rezoning would be contrary to the established land use pattem, or would create an isolated district unrelate!l to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the.public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent development and zoning in the area. The proposed project is for a multi-family residential community that is complimentary to the development patterns in the area along the Seacrest Boulevard corridor, especially adjacent development to the south. c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed land use amendment and rezoning are the minimum changes to the property, to naturally accompany the annexation of this property from Palm Beach County. The proposed amendment is consistent with the future land use classification as recommended on the Future Land Use Map for this unincorporated area, and is consistent with surrounding land uses and zoning, both in the City and the adjacent unincorporated area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Page 5 ANEX 06-009, WAR 06-022 Miraflor at Boynton Beach The proposed land use amendment and rezoning is compatible with utility systems, roadways, and public facilities. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 17,200 gallons for water and 7,740 GPCD for sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. The traffic study prepared by the applicant's consultant indicates the project anticipates a traffic generation rate of 280 new trips per day, with available roadway capacity on Seacrest Boulevard. The Palm Beach County Traffic Division has reviewed and approved the project for traffic concurrency and notes a project build-out date of 2009. The School District of Palm Beach County has determined that adequate capacity exists to accommodate the projected student population generated from the proposed project. Lastly, drainage will also be reviewed in detail as part of the review of the building permit application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the Proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The compatibility of the requested land use designation and rezoning has been discussed above. Adjacent development (Pine Point Villas) represents high density residential development at a similar density. The current use within the adjacent development to the south is multi-family residential, similar to the proposed project. The density of the proposed development is 10.34 dwelling units per acre (dujac), slightly less than the maximum density of 10.8 dujac allowed in the High Density Residential classification. The residential development to the northeast (San Castle subdivision) in unincorporated Palm Beach County is similarly zoned Residential, Multi-family (RM). f. Whether the property is physically and economically developable under the existing zoning. The subject site was historically set aside as a future expansion area for the cemetery, and sold off as a separate parcel. There is a conflict between the existing County Institutional (INSl) land use classification and the County Residential Multi-family (RM) zoning district currently on the subject property. The applicant intends to have the subject property annexed, reclassified, and zoned under the City's jurisdiction. The proposed development would be similarly classified and zoned as the contiguous property to the south. g. Whether the Proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed land use amendment and rezoning will allow for development of multi-family town homes at a scale comparable, consistent, and compatible with adjacent existing development. The size of the subject parcel will afford a development similar in nature to Page 6 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach surrounding residential development, and will contribute to the range of housing opportunities available in the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready allowed. The subject property is located in the City's annexation area. Both the type of housing (multi- family attached) and density (10.34 units per acre) proposed for the development is consistent with adjacent development in the City. There are very few comparable-sized vacant parcels within the City which could accommodate such a development, and which also support the objective to provide housing units at less than market prices. CONCLUSIONS/RECOMMENDATIONS In conclusion, and as indicated herein: 1. This request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with adjacent development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 5. The proposed development will contribute to the overall economic development of the City. In addition, the proposed site plan meets the minimum requirements of the City's Land Development Regulations. Therefore, staff recommends approval of the request for annexation, land use amendment, and rezoning subject to satisfying all recommended conditions (see Exhibit "c" - Conditions of Approval). If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS S:\PIannlng\SHARED\WP\PROJECT$\MtraRor\LUAR\STAFF REPORT.doc >' W ...J ~ Exhibit nAn - Miraflor Location Map ~~~ .. __ 1) I -1 t-- J. I ..\ . I 1 I ..j I L' ! i % PJ= .. I.n I . I i , I : . . -- FICUSTREE PINE POINt City Border .L __ i : I ! _: ' i MENTONE j / r f~~: uJ " /'--.. /r~)U /\ << ~' _ u '" ~,~~ ~. '. u--1' (V ~--~ ... ---+---D1 S' I f _L'f ! t r rj"'~~~~~~!~t~T~~~~;?- ~ . L'_L_...J'Li I I PALM ~~ _n r--JL- ~J J- ,.U~ r" r------' ... U) ~ -'--j I z W 0: o ...J COUNTRY -.. R3 - Multi~family' Resiaential '" '" W !:( ... 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'l, :,, ....._~ 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY SCI FUNERAL SERVICES OF FLORIDA, 8 INC., AND LOCATED ON THE WEST SIDE OF 9 NORTH SEACREST BOULEVARD, 10 APPROXIMATELY 0.5 MILES SOUTH OF 11 HYPOLUXO ROAD AND IMMEDIATELY NORTH OF 12 PINE POINT VILLAS; CHANGING THE LAND USE 13 DESIGNATION FROM INSTITUTIONAL (PALM 14 BEACH COUNTY INST) TO HIGH DENSITY 15 RESIDENTIAL (HDR 10.8 DWELLING UNITS PER 16 ACRE); PROVIDING FOR CONFLICTS, 17 SEVERABILITY, AND AN EFFECTIVE DATE. 18 19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 20 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 22 Comprehensive Planning Act; and 23 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 25 WHEREAS, after two (2) public hearings the City Commission acting in its dual 26 capacity as Local Planning Agency and City Commission finds that the amendment 27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 28 the best interest of the inhabitants of said City to amend the aforesaid Element of the 29 Comprehensive Plan as provided. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section I: The foregoing WHEREAS clauses are true and correct and incorporated S:\CA \Ordinances\Planning\Land Use\Miraflor.doc 1 herein by this reference. 2 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 3 following: 4 That the Future Land Use of the following described land located on the west side of 5 North Seacrest Boulevard, approximately 0.5 miles south ofHypoluxo Road and immediately 6 north of Pine Point Villas; changing the land use designation from Institutional (Palm Beach 7 County INST) to High Density Residential (HDR 10.8 dwelling units per acre). 8 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND KNOWN AS 9 BEING A PART OF THE REPLAT OF PART OF LINCOLN OF LINCOLN MEMORlAL GARDENS 10 AS RECORDED IN PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS FOLLOWS: 11 12 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF LAND AS 13 CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORA nON IN VOLUME 4784, PAGE 14 360, SAID POINT ALSO BEING ON THE WEST RlGHT OF WAY LINE OF SEACREST 15 BOULEVARD, A V ARlABLE WIDTH PUBLIC RIGHT OF WAY; 16 17 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 18 THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 19 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 20 THENCE, NORTH 01 DEG. 01' 59" EAST. 19.03 FEET TO A POINT; 21 THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT; 22 THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 23 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT; 24 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT; 25 THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT; 26 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT; 27 THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT; 28 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 29 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT OF WAY 30 LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST, 161.27 FEET TO THE 31 POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168,650 SQ. FT.) OF LAND. 32 33 34 Subject to easements, restrictions, reservations, covenants and 35 rights of way ofrecord. 36 37 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 38 Future Land Use Plan shall be amended accordingly. 39 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. S:\CA\Ordinances\PJanning\l..and Use\M irallor.doc 1 Section 5: Should any section or provision of this Ordinance or any portion thereof be 2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 5 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 6 Land Development Regulation Act. No party shall be vested of any right by virtue of the 7 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges, 8 including appeals, are exhausted. In the event that the effective date is established by state law or 9 special act, the provisions of state act shall controL 10 FIRST READING this _ day of ,2006. 11 SECOND, FINAL READING and PASSAGE this _ day of ,2007. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 3 1 City Clerk 32 33 (Corporate Seal) 34 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CA \Ordinances\Planning\Land Use\Miraflor .doc 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF MIRAFLOR AT BOYNTON 6 BEACH, LLC., AMENDING ORDINANCE 02-013 7 TO REZONE A PARCEL OF LAND LOCATED ON 8 THE WEST SIDE OF NORTH SEACREST 9 BOULEVARD, APPROXIMATELY 0.5 MILES 10 SOUTH OF HYPOLUXO ROAD AND 11 IMMEDIATELY NORTH OF PINE POINT VILLAS, 12 AS MORE FULLY DESCRIBED HEREIN, FROM 13 RESIDENTIAL, MULTI-FAMILY (PALM BEACH 14 COUNTY RM) TO MULTI-FAMILY RESIDENTIAL 15 (R-3); PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 2 0 and 21 WHEREAS, SCI Funeral Services of Florida, Inc., owner of the property located on 22 the West side of North Seacrest Boulevard, approximately 0.5 miles south ofHypoluxo Road 23 and immediately north of Pine Point Villas in Boynton Beach, Florida, as more particularly 24 described herein, has filed a Petition, through its agent, Miraflor at Boynton Beach, LLC., 25 pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 26 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly 27 described hereinafter, from Residential, Multi-Family (Palm Beach County RM) to Multi- 28 Family Residential (R-3); and 29 WHEREAS, the City Commission conducted a public hearing and heard testimony 30 and received evidence which the Commission finds supports a rezoning for the property 3 1 hereinafter described; and S:\CA \Ordinances\Planning\Rezoning\Rezoning - Miratlor.doc 1 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 2 an amendment to the Land Use which was contemporaneously considered and approved at 3 the public hearing heretofore referenced; and 4 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 5 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 01<' 7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section I. The foregoing Whereas clauses are true and correct and incorporated 9 herein by this reference. 10 Section 2. The following described land located at on the West side of North 11 Seacresl Boulevard, approximately 0.5 miles south of Hypoluxo Road and immediately north 12 of Pine Point Villas in Boynton Beach, Florida, as set forth as follows: 13 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND KNOWN 14 AS BEING A PART OF THE REPLAT OF PART OF LINCOLN OF LINCOLN MEMORIAL 15 GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS 16 FOLLOWS: 17 18 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF LAND 19 AS CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN VOLUME 20 4784, PAGE 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF 21 SEACREST BOULEV ARD, A Y ARIABLE WIDTH PUBLIC RIGHT OF WAY; 22 23 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 24 THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 25 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 26 THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT; 27 THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT; 28 THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 29 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT: 30 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2,74 FEET TO A POINT; 31 THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A P01NT; 32 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT; 33 THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT; 34 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A P01NT; 35 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST R1GHT OF 36 WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST, 161.27 FEET S:\Ci\\Onlinances\Planning\Rczoning\Rezlming - MirafloT.doc 1 TO THE POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168,650 SQ. FT.) OF 2 LAND. 3 4 5 Subject to easements, restrictions, reservations, covenants and 6 rights-of-way of record. 7 8 be and the same is hereby rezoned from Residential, Multi-Family (Palm Bach County RM) to 9 Multi-Family Residential (R-3). A location map is attached hereto as Exhibit "A" and made a 10 part of this Ordinance by reference. 11 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 12 accordingly. 13 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 14 repealed. 15 Section 5. Should any section or provision of this Ordinance or any portion thereof 16 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 17 the remainder of this Ordinance. 18 Section 6. This ordinance shall become effective immediately upon passage. 19 FIRST READING this ~ day of ,2006. 20 S:\CA\Ordinances\Planning\Rezoning\Rezoning - Miraflor.doc !i " I; 1 SECOND, FINAL READING and PASSAGE this__ day of _______,2007. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 CITY OF BOYNTON BEACH, FLORIDA Mayor Jerry Taylor Vice Mayor - Robert Ensler -_......._-."--------~-._-------- Commissioner - Mack McCray Commissioner.. Jose Rodriguez -_._--.-_.._---._-----.__._._---~.- ATTEST: Commissioner- Carl McKoy City Clerk (Corporate Seal) S:\(:A\Ordinances\Planning\Rezoning\Rezoning. Miratlor.doc VIII.-PUBLlC HEARING ITEM F. i /rf( '- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetin!! Dates in to City Clerk's Office [g) December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 0 January 16, 2007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16,2007 (Noon) 0 Requested City Commission Date Final Form Must he Turned Meetin2 Dates in to City Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) March 20, 2007 March 5, 2007 (Noon) C> en March 19, 2007 (Noon~ c::: N u::J " :x ~ N eN April 3, 2007 NATURE OF AGENDA ITEM o AnnouncementslPresentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements [g) Public Hearing o City Manager's Report o New Business o Legal o Unfmished Business o n O-i -i-< -<0 0'" ,-co mo ::0-< ""'Z --i <f)o O::z:: -rtt;D :!,.., O;r> f'T1("") :t: RECOMMENDATION: Please place this request on the December 5, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading, with the corresponding items for annexation, land use amendment and rezoning. So that fmal approval of the land use and zoning changes precede consideration of the site plan request, staff recommends that this item be heard in conjunction with the annexation, land use and rezoning items, but tabled to the January 2, 2007 meeting for action to follow fmal consideration of ordinances. The Planning and Development Board on November 28, 2006, recorrunended that the subject request be approved, subject to all staff conunents. Staff respectfully requests that this item be processed expeditiously to the December 5'" Commission meeting given the cancellation of the December 19'" meeting. For further details pertaining to the request, see attached Department Memorandum No. 06-203. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Miraflor (NWSP 06-027) Bradley Miller of Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard, approximately 0.5 miles south of Hypoluxo Road and inunediately north of Pine Point Villas Request for new site plan approval to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi-family Residential zoning district. DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature Assistant to City Manager C/lIL.. Planning and Zo. !Tector City Attorney / Finance S:\Planning\SHARED\WP\PROJECT \Miraflor\NWSP\Agenda Item Request Miraflor NWSP 06-027 12.5-D6.doc S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-203 STAFF REPORT THRU: Chair and Members Planning and Development Board and City Commission Michael Rum~ Planning and Zoning Director TO: FROM: Kathleen Zeitler \1'-7 Planner !,-,l.--- DATE: November 21, 2006 PROJECT NAME/NO: Miraflor at Boynton Beach / NWSP 06-027 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: SCI Funeral Services of Florida, .Jnc. Applicant: Miraflor at Boynton Beach, LLC Agent: Mr. Bradley Miller / Miller Land Planning Consultants, Inc. Location: West side of North Seacrest Boulevard across from Mentone Road (Exhibit "AU) Existing Land Use: Institutional (Palm Beach County INST) Existing Zoning: Residential, Multi-Family (Palm Beach County RM) Proposed Land Use: High Density Residential (HDR 10.8 dwelling units per acre) Proposed Zoning: Multi-Family Residential (R-3) Proposed Use: 40 town homes Acreage: 3.87 acres (168,650 square feet) Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-family (RM); South: Townhomes (Pine Pointe Villas Condo) classified High Density Residential (HDR) and zoned Multi-family Residential (R-3); Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 2 East: Right-of-way for North Seacrest Blvd, and farther to the east j southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Moderate Density Residential (MODR 7.26 dujac) and zoned Single-Family Residential (R-l), and farther to the east j northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi-family (RM); West: Right-of-way of Interstate 95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). Site: The subject property is a 3.87-acre parcel located on the west side of Seacrest Boulevard, approximately one-half mile south of Hypoluxo Road, with 161 feet of frontage on Seacrest Boulevard, and 857 feet of depth. The subject parcel is located between Pine Point Villas (in the City) and Palm Beach Memorial Park Cemetery (in the unincorporated County), and was originally part of the Palm Beach Memorial Park Cemetery, slated as a future expansion area of the cemetery. The applicant's project description states that a recent sale of the Memorial Park subdivided this unused parcel from the original parcel. The property owner has submitted a notarized Affidavit which states that the subject property "has never been used for burial sites, had never contracted to sell plots for burial, nor used for crematory purposes". Accompanying this request for new site plan approval are concurrent requests for voluntary annexation of the subject property, to amend the Future land Use Map of the Comprehensive Plan to classify the annexed land as "High Density Residential" and to rezone this property to Multi-family Residential (R- 3). The proposed zoning would proVide for the construction of 40 townhouse units (condominium-style ownership) with a gross density of 10.34 dwelling units per acre. BACKGROUND Proposal: The applicant is requesting new site plan approval for the proposed Miraflor at Boynton Beach project consisting of a total of 40 townhouse units within five (5) structures, each two (2) stories, and containing eight (8) townhouse units. Townhouses are permitted uses in the Multi-family Residential (RM) zoning district. The maximum density allowed by the High Density Residential (HDR) land use classification is 10.8 dwelling units per acre, which would allow the developer a maximum of 41 units based on a 3.87-acre site. A total of 40 units are proposed at a lesser density of 10.34 dwelling units per acre. The applicant indicates the project is to be marketed as affordable family housing for the workforce. The project plans include construction in one (1) phase, and completion by October, 2008. Approval of the requested new site plan is contingent upon approval of the concurrent requests for annexation, land use amendment, and rezoning of the subject property. Staff Report - Miraftor (NWSP 06-027) Memorandum No PZ 06-203 Page 3 ANALYSIS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the city, after the 2009 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. School: The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the projected resident population. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). Police! Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Site Design: Access: The project proposes one (1) point of ingress / egress to the subject site from North Seacrest Boulevard. The site plan (sheet SP-l) shows that this point of access would be 25 feet in width. Circulation: The two-way street internal to the development would be approximately 725 feet in length with a circular drive in front of Building 5 to provide primary vehicular circulation. Two (2) side streets, each approximately 170 feet in length provide access to Buildings 1 through 4. Streets: The streets internal to the proposed development would be privately owned and maintained by the Homeowners Association. According to the site plan details, the private streets would indude 24 feet of asphalt and a combination of 90-degree parking stalls 18.5 feet in length or driveways 20 feet in length. Additionally, continuous four (4) foot wide sidewalks would be placed along each street for pedestrian circulation, connecting parking areas, buildings, and recreation areas. The streets, parking spaces, driveways, and sidewalks would all be common areas; only the residential units would be individually owned. Common areas would be owned and maintained by the Homeowner's Association. Although the proposed streets are private, the streets are for the use of residents and service providers alike. Large garbage trucks will be required to maneuver and circulate throughout the proposed development. Two (2) dumpsters would be provided for solid waste collection. The dumpsters would be screened with a six (6) foot wall and solid gate per City requirements. Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 4 The proposed plans have been reviewed by the Engineering Division for compliance with City standards, including internal street width, utilities within those streets, and safe sight distances. The Engineering Division has determined that the street width is acceptable and the plan is in compliance with the City's requirements. Parking: The project proposes a total of 40 townhouse units, each with 3 bedrooms and a one car garage. Three (3) bedroom dwelling units require two (2) parking spaces per unit with a minimum size of 9.5 feet by 18.5 feet, for a total of 80 parking spaces required on site. The plans show that the development would have a total of 86 parking spaces (6 extra parking spaces), consisting of 40 garage spaces, 16 driveway spaces, and 30 surface parking spaces, including two (2) spaces designated for handicapped use. The floor plan (sheet A-1.0) shows that all 40 units (Models A and B) would have a one (l)-car garage dimensioned 11 feet in width and 20 feet in depth. The 16 driveway spaces that count toward required parking are 20 feet in length and are located in front of each unit within Buildings 2 and 4. All other driveway spaces located in front of each unit within Buildings 1, 3, and 5 are of insufficient length (16 feet) to accommodate a required space. The remaining 30 surface parking spaces would be distributed throughout the project, and each unit would have a row of parking spaces in close proximity to their building. The 90- degree parking stalls, excluding the handicap spaces, would be dimensioned 9 and one- half feet (9.5') in width and 18 and one-half feet (18.5') in length and include wheelstops. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscape: According to the site plan tabular data (sheet SP-l), the proposed pervious area would total 1.80 acres or 47% of the site. The Proposed landscaping exceeds minimum code requirements and proVides a complimentary mix of canopy and palm trees such as Live Oak, Mahagony, Silver Buttonwood, Glaucous Cassia, and Sabal Palm. All trees would be the required minimum of 12 feet in height at time of planting. All areas located outside the building footprint would be under the control of the Homeowners' Association to ensure proper maintenance of the common landscaped areas. The landscape code requires that 50% or more of the plant material be native species. The plant list (sheet l-l) indicates the landscape plan would proVide a total of 138 canopy trees, of which 100 (or 72.5%) would be native species. The plant list indicates that 83 (or 92.2%) of the 90 palm trees would be native species. Also, the landscape plan indicates a total of 2,552 shrubs, of which 1,577 (or 61.8%) would be native. The landscape plan notes indicate that non-potable well water will be used as the source of irrigation for the project. The site plan (sheet SPl of 2) shows that perimeter landscape buffers five (5) feet in width are proposed along the north, south, and west property lines. The landscape plan (sheet l-l) shows that a row of Viburnum hedges along with Live Oak, Mahogany, and Sabal Palm trees are proposed within the north (side) landscape buffer. The perimeter property line adjacent to the rear of Building 5 would also include a mix of Mahogany and Live Oak Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 5 trees, and relocated Royal Palms and Queen Palms. The south (side) landscape buffer would contain a row of Silver Buttonwood hedges, and a mix of Glaucous Cassia, and Silver Buttonwood trees. The west (rear) landscape buffer would contain Glaucous Cassia, Silver Buttonwood and Areca Palm trees, and Jamaica Caper hedges. The east landscape buffer would be seven and one-half (7.5) feet in width and contain more landscape material than the other buffers because it is adjacent to the right-of-way of Seacrest Boulevard. This buffer would be placed along the eastern edge of the dry detention area, rather than along the east property line, due to an existing ten (10) foot utility easement with overhead power lines. Plantings in the east landscape buffer would include the following: Silver Buttonwood and Glaucous Cassia trees, Thyralis, Fire Bush, and Crepe Myrtle shrubs, Viburnum hedge, and seasonal annuals. City signature trees (Purple Glory Bush) would be planted on each side of the access drive. These signature trees would require six (6) feet of clear trunk when installed within the safe-sight triangle, as noted on the landscape plan. The front of each unit would have Uve Oak and Mahogany trees, with a mix of colorful shrubs. Rear patio areas would include a mix of Sabal Palms and Crepe Myrtle. The air conditioners for each unit would be located on the ground to the rear of each unit and screened with Silver Buttonwood hedges. Parking spaces include large landscaped terminal islands (approximately 10 to 25 feet in width by 18 feet in depth), and dumpster locations which are screened with additional landscaping. The landscape plan notes indicate that non-potable water will be used as the source of irrigation for the project. According to the landscape plan, a six (6) foot concrete panel buffer wall would be placed along the northern perimeter of the subject property as well as a portion of the west property line (to the 1-95 sound wall). An existing fence and 8-foot ficus hedge exist on the adjacent property to the south (Pine Point Villas). The perimeter wall detail (sheet SP- 2) indicates the wall would have decorative columns with a stucco finish to match the building colors (White Wheat and White Olive). Creeping Fig is proposed to be planted on the outside of the buffer wall. The development includes some on-site recreation and a community meeting place for the residents. A fenced tot-lot and gazebo are proposed near the southwest comer of the site. Per the details (sheet SP-2), the gazebo would be 14 feet in height and include an interior table. The tot-lot area would include landscaping, lighting, bonded rubber mulch, a bike rack, and benches, and be enclosed by a four (4) foot decorative railed fence and gate. The tot lot area and gazebo would be surrounded by Pink Trumpet and Silver Buttonwood trees and a continuous hedge. Other open space areas include two (2) sloped dry detention areas which total 0.55 acre. Buildings: The 40 dwelling units are proposed within five (5) separate buildings on the 3.87-acre site. The floor plans for each unit include three (3) bedrooms, three (3) bathrooms, and a one (1) car garage. Each of the five (5) buildings would contain varying unit types (models A- B). According to the floor plans (sheets A-1.0, A-1.1, A-2.0, A-2.1), the smallest unit (model B) would be 1,471 square feet of air-conditioned area and the largest unit (model A) would be 1,501 square feet of air conditioned area. Each building would contain two (2) Model A units and six (6) Model B units. The proposed townhomes are condominium- Staff Report - MirafJor (NWSP 06-027) Memorandum No PZ 06-203 Page 6 style ownership, with all areas other than the individually-owned unit considered to be common areas. Height: The maximum height of buildings in the RM zoning district is 45 feet, and all proposed structures comply. Sheet A-3 indicates each proposed two (2)-story townhouse building would be 24 feet - eight (8) inches measured at the mean roof height, and 29 feet _ eleven (11) inches measured at the highest point of the roof. The one-story gazebo elevation on sheet SP-2 indicates a peak height of 14 feet - one (1) inch. Setbacks: The RM zoning district has the following minimum building setback requirements: front (east property line) - 40 feet, rear (west property line) - 40 feet, and side (north and south property lines) - 20 feet. The location of each building complies with the minimum setback requirements as shown on the site plan (sheet SP-1). Staff notes that the setback table shown on sheet SP-1 regulates the project's minimum required building setbacks. These building setbacks mirror the adjacent multi-family development to the south (Pine Point Villas) which is also zoned R-3. The perimeter setbacks are intended to accommodate a buffer wall, required buffer landscaping, and outdoor air conditioning equipment, as well as to prOVide some common area for the enjoyment of the respective residents. Patios: A concrete patio (slab only) approximately five (5) feet by eight (8) feet would be located to the rear of each unit. In addition, each unit would have a covered entry of 40 square feet. The site plan (sheet SP-1) notes that the homeowners' association will not allow any patios or porches to be enlarged, enclosed, or screened in. Design: The proposed buildings resemble a Nee-Mediterranean design with Spanish "s" tile roof. The majority of exterior walls of the buildings would have a smooth stucco finish with multiple color options. All buildings would be earth-tone colors and include Porter paints named Brush Green (for doors and shutters), Dusty Apricot (for recessed building walls), White Wheat (for building walls), and White Olive (for building trim). The neutral color palette proposed will be harmonious with surrounding developments. All buildings would be architecturally enhanced with balconets having decorative aluminum railings, picturesque fenestration with windows of varying sizes and shapes, recessed entries, and porticos. All accent features such as entry doors, stucco walls, clay roof tiles, arched entries, and stucco walls present a higher quality of architectural design and materials. Lighting: The plans propose freestanding outdoor lighting fixtures. The photometric plan (sheet Photo) indicates a total of 17 freestanding lights are proposed throughout the development. The light details submitted separately from the plans show that the round tapered light pole would be 20 feet in height. The luminaire located at the top of the light pole would be shielded and directed away from adjacent properties. The color of the pole and light fixture is undetermined at this time, and would be required to be noted on plans at time of permitting (see Exhibit "c" - Conditions of Approval). The elevations (sheet A- 3) indicate lights shall also be provided on each side of the garage entry, at each front entry, and all rear patios. Signage: The site plan (sheet SP-1) shows that a monument sign would be located on the north side of the entry to the development and set back ten (10) feet from the east property line Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 7 adjacent to North Seacrest Boulevard. Sign details are provided (sheet DT-1) which indicate sign dimensions, height, sign face area, materials, and color. The sign details indicate a sign height of less than six (6) feet, sign face of 19 square feet, and a sign setback of 10 feet is proposed, in compliance with the City requirements. Public Art: The applicant is required to demonstrate compliance with the newly adopted requirement for developments to provide public art work (see Exhibit "C" - Conditions of Approval). The exact location of the proposed artwork is undetermined at this time. The artwork will enhance the ambiance of the proposed development. Ultimate review and approval of the artist and type of artwork is still pending by the Arts Commission. RECOMMENDATION: Staff has reviewed this request for a New Site Plan and is recommending approval of the plans presented. If this request is approved, it is contingent upon satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECfS\Miraftor\NWSP Q6-027\Staff Report.doc Exhibit "A" - Miraflor Location Map I >- lU ...J ...J ~ .... V> ~ Z lU a: o ...J r .. i 1 ! ' I I i f--~- I! 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III CONDITIONS OF APPROVAL New Site Plan Project name: Miraflor File number: NWSP 06-027 Reference: 2nd review plans identified as a New Site Plan with an October 24. 2006 Planning and Zoning Department date stamp marking. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Traffic Comments: None X PUBLIC WORKS-Forestry Comments: None X UTILITIES Comments: 1. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. with 20 p.s.i. residual pressure (LDR, Chapter 6, Article N, Section 16), or the requirement imposed by msurance underwriters, whichever is greater (CODE, Section 26-16(b)). 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application fonns or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon fma1 meter size, or expected demand. 4. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first pennanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 5. A building pennit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. CONDITIONS OF APPROVAL MlRAFLOR NWSP PAGE 2 I I DEPARTMENTS INCLUDE REJECT 6. Provide a minimum of ten (10) foot separation between water main, sanitary X sewer, and storm sewer lines. Please note that City of Boynton Beach separation standards are more stringent that FDEP standards. Only 7 feet has been provided between SA and ST. 7. Utility construction details will not be reviewed for construction acceptability X 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) and will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) 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. 12. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the record plat process through the City's Engineering Division. A preliminary record plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. FIRE Comments: None X POLICE - -~ Comments: None X .- -~--- CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 3 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 13. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 14. 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 2004 FBC, Section 1609 (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. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (pst) on the plans for the building design. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. 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. 18. 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. 19. 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: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . 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) 20. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City computer, CONDITIONS OF APPROVAl. MlRAFLOR NWSP PAGE 4 I I DEPARTMENTS INCLUDE REJECT provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of penn it review. 21. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: 0 A 1ega] description of the land. 0 The full name of the project as it appears on the Development Order and the Commission-approved site plan. 0 If the project is a multi-fami]y project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. 0 The number of dwelling units in each building. 0 The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(1)) 22. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 23. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 9] I. 0 Palm Beach County Planning, Zoning & Building Division, ] 00 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 56]-233-5013) 0 United States Post Office, Boynton Beach (Michelle Bullard - 56]-734-0872) PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALlST Comments: 24. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings and parking lot from the Seacrest Boulevard road right-of-way. ___L__.._._.._ CONDITIONS OF APPROVAL MlRAFLOR NWSP PAGE 5 I DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 25. Approval of this project is contingent upon the approval of the accompanying X requests for annexation (ANEX 06-009), and land use amendment / rezoning (LUAR 06-022). 26. Label Palm Tran bus stop on the site plan and include a detail on plans of an X upgraded bus stop shelter, to be coordinated with Palm Tran. 27. Revise last sentence of note 12 on sheet SP-J to read as follows: "The X established homeowner's association will not allow individual pools or additions, and will not allow the any patios or porches to be modified (i.e. increased in size, enclosed, or screened)." 28. At time of permitting, submit a plan which delineates the limits of the X cemetery graves (including any unmarked graves) and provide a signed and sealed statement from the project engineer that the proposed development including the required infrastructure improvements will not impact the existing graves, including measures to be taken to protect them from impacts of construction. 29. Note on both the landscape plan the amount (sf & %) of site that is pervious X vs. impervious. 30. Revise sign detail on sheet DT -1 to change the sign color from Buff!o White X Wheat (porter Paint # 148-6883-1) to match the perimeter wall and buildings. 31. Revise Tot Lot Fence and Gate detail and Gazebo detail on sheet SP-2 to X include paint colors that match perimeter buffer wall colors. 32. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. Submit copies of the completed art form (on official form). Provide details on site and landscape plans oflocation and general proposal for the public art area. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. CONDITIONS OF APPROVAL MlRAFLOR NWSP PAGE 6 I I DEPARTMENTS INCLUDE REJECT 1. To be determined. MWR!kz S:IPlanningISHAREDlWPIPROJECTSIMiraflor\NWSPICOA.dOc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Miraflor at Boynton Beach APPLICANT'S AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. APPLICANT: Miraflor at Boynton Beach, LLC AGENT'S ADDRESS: 420 West Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5,2006 TYPE OF RELIEF SOUGHT: Request approval of a New Site Plan for development of 40 townhomes on a 3.87 -acre parcel in the R-3 (Multi-family Residential) zoning district. LOCATION OF PROPERTY: West side of North Seacrest Boulevard across from Mentone Road (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 Cleric 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\MiraflonNWSP\DO-doc .....~ '. " CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI VIII.-PUBLIC HEARING ITEM G. Requested City Connnission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office [g) December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2. 2007 December 18. 2006 (Noon) 0 0 January 16, 2007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned MeetinQ" Dates in to City Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) o 0-. March 5, 2007 (Noon) 2: o <: March 19,2007 (Noon/'\) \0 NATURE OF AGENDA ITEM o AnnouncementsIPresentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements [g) Public Hearing o City Manager's Report o New Business o Legal o Unfmished Business o -0 :x N .. N (.) C") o=i =i-< -<0 0"'" r-co '"TI0 ::u :;l<-< .2 en .... 00 .....:z: .....cu -m 0)> "'0 ::t: March 20. 2007 April 3,2007 RECOMMENDATION: Please place this request on the December 5, 2006 City Commission Agenda under Public Hearing. The Planning and Development Board on November 28, 2006, recommended that the subject request be approved, Staff respectfully requests that this item be processed expeditiously to the December 5" Commission meeting given the cancellation of the December 19" meeting. For further details pertaining to the request, see attached Department Memorandum No. 06-208. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Pylon Interstate Plaza (ZNCV 06-(10) Jason Mankoff, Weiner & Aronson, P.A. Chambers Properties, LLC and Pylon Plaza, LLC 1501 COIporate Drive Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section I I, Supplemental Regulations, H.16.d(19), for a variance of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent of the office space, within the C- I Office and Professional Commercial zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Developmen City Manager's Siguature ~ Planrung and Z City Attorney / Finance S:\Planning\SHARED\WP\PROJ TS\Pylon Interstate Plaza\ZNCV 06-010\Agenda Item Request Pylon INterstate Plaza ZNCV 06-010 12-5-06.doc S,IBULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC Assistant to City Manager Staff Report Memorandum No PZ-06-208 Page 2 is developed commercial (First Southern Bank). To the southwest, a 60+/- foot portion of the subject property is adjacent (across the canal) to developed residential property (Leisureville), zoned Single-family residential (R-1AA). BACKGROUND Mr. Jason Mankoff, agent for Chambers Properties, LLC and Pylon Plaza, LLC is seeking zoning code variance approval of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent of the office space currently existing and approved for construction on the site. The property is located at the southwest corner of Woolbright Road and Corporate Drive and offices are permitted uses in the C-1 zoning district. Currently one (1) 30,188 square foot office building exists on the site, which was approved as the first phase of a two-phase project in 1984. On June 20, 2006, the City Commission granted approval for phase two of the project, which proposed the construction of a 29,419 square foot office building. In each case, the site plans were approved with a code compliant office parking calculation of one (1) parking space for each 300 square foot of gross floor area. The applicant would like to be able to attract medical tenants to the buildings, however the parking calculation for medical office is one (1) parking space for each 200 square foot of gross floor area. Within the current office building, there are two existing medical tenants. The approved plans for site ("Exhibit B") indicate a total of 200 parking spaces to be provided and 199 spaces required under the general office calculation (one (1) parking space for each 300 square foot of gross office space), an excess of one (1) parking space and insufficient, according to code, to accommodate medical tenants. The applicant has hired Tinter Associates, Inc., Transportation Engineers, to prepare a parking study, in order to analyze the existing parking usage and determine the impact on the allotted parking for the site if the project was permitted to accommodate up to 50% medical tenants. The consultant has determined, based upon current parking demand and building design, that a variance of 49 parking spaces, which would accommodate up to 50% medical tenants, is substantiated (a copy of that study is attached as "Exhibit C''). ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see Exhibit "D''). The code states that the zoning code variance cannot be approved unless the board finds the following: a. 777at special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. On the surface, no circumstances appear to be peculiar to the land on which this structure exists and the second building to be built. The applicant suggests that the property is one of the smaller C-1 Office Professional parcels, however there would appear to be smaller office parcels fronting the Woolbright Road corridor than the one in question. The applicant's consultant also notes that the design of the bUildings' f100rplan greatly decreases the true amount of office space within the buildings, with the inclusion of atriums not typical of most buildings, and the deduction for hallway space, stairways, mechanical rooms and maintenance closets. The study concludes that these spaces total approximately 22% of each building and if not used in the square footage calculation would make an additional 44 parking spaces available. However, City code H.16.d(19) states that, "Medical and dental clinics, offices and office buildings: One (1) parking space per two hundred (200) square feet of Qro5:5f1oor area". This calculation would take into consideration all of the space within the four walls of the building. The application did not compare the f100rplan of these buildings to other office Staff Report Memorandum No PZ.06-208 Page 4 variance. While staff does not totally ignore issues involving economic hardship, it is secondary to the stated criteria in this report (variance justifications "A" through "G", contained herein). e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. According to the applicant, the granting of the variance is a minimal requirement to make reasonable use of the property for medical office. The applicant further notes that, as previously stated, codes in other municipalities would accommodate the request for medical use in the office space without the requirement of a variance. The consultant points out that the removal of non-Ieaseable office space, atriums, hallways, and mechanical and storage spaces, in and of itself would reduce the parking requirement by 44 parking spaces, only requiring a variance of five (5) spaces instead of 49. The fact that the applicant only requested 50% of the office space for medical use purposes does indicate an acknowledgement on the part of the applicant of reasonableness in the request. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. In response to this criteria, the applicant again concludes that the variance would not be injurious to the neighborhood and in fact, would be beneficial to the nearby residents who would have access to medical offices in close proximity to their homes. Staff inspected the premises on several occasions to determine the validity of the parking study and found the parking lot highly underutilized. While there is no way to ensure that, as tenants come and go and the operational characteristics of the tenant mix change, that the parking demand will not be affected. Based upon present day assumptions, the parking study as presented appears correct in its conclusion that the requested variance will not be detrimental to the public welfare. It should be understood, if the variance is granted and a parking problem does arise, there is no convenient/overflow parking in the immediate vicinity (like on-street parking) for the use of the patrons of the building, which may adversely affect the building tenants. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Since the request is for relief from the parking regulations, this particular criteria is not applicable. RECOMMENDATION Nearly all variances would likely be denied if based solely on all criteria for determining hardship as stated in the Land Development Regulations, Chapter 1.5, Section 4.1. However, the hardship appears to be self imposed and could be avoided by reduction in the size of the second building yet to be constructed, but as noted in the staff report, this may not be economically feasible. Therefore based upon the hardship criteria alone, staff recommends that this request be denied. However, should the City Commission choose to approve this request based on its particular merits, rather than on traditional hardship, staff notes the following: 1. Staff has inspected the site on several occasions and found the parking lot underutilized; 2. The need for medical office space in proximity to Bethesda Hospital is high; and .. EXHIBIT "A" 1 In. = 300.0 feet . . PCD PCD Home Dep C3 LOCATION MAP PYLON INTERSTATE PLAZA Phase" LOCATION MAP -... ~\ EXHIBIT "e" Tinter Associates, Inc. Transportation Engineers PARKING VARIANCE STUDY Pylon Interstate Plaza 1501 Corporate Drive Boynton Beach, Florida Tinter Project No. 06-2052 Prepared For: Chambers Properties, LLC 1501 Corporate Drive, Suite 150 Boynton Beach, Florida 33426 Prepared by: ~\ Tinter Associates, Inc. . Transportation Engineers 3303 West Commercial Boulevard. Suite 20 I. Ft Lauderdale, Florida 33309 Voice (954) 484-3633 . Fax (954) 484-9612 Web Site htlp:/Iwww.tinler.com October 2006 06-2052 Copyright @ 2006 Tinter AssocIates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 2 _m_"._~\ Tinter Associates, Inc. Transportation Engineers PYLON INTERSTATE PLAZA INTRODUCTION Tinter Associates, Inc. has been retained by Chambers Properties, LLC, to perform a Parking Variance Study for the property located at 1501 Corporate Drive in Boynton Beach known as . Pylon Interstate Plaza. This 2.86 acre site is located on the comer of Woolbright Road and SW 7th Court (Corporate Drive). (See FIGURE 1). The property has one entrance/exit on the northwest side to Woolbright Road and two entrance/exits on Corporate Drive. There is a gated parking area underneath the building that provides 35 parking spaces. A two story building of comparable size on the west side of the existing building is planned. (See FIGURE 2, drawing A-1.1, dated 02-16-2006) Figure 1 shows an aerial view of the site locations for both developments. Figure 2 shows the site plan and geographical relationship of both buildings The Boynton Beach Building Code requires one parking space for each 300 square feet for General Office usage, and one parking space for each 200 square feet of Medical Offices. The original approval for the Pylon Interstate Plaza contemplated General Office usage. Therefore, for the existing building of 30,188 square feet Gross Floor Area (GFA) , 101 parking spaces are required under the General Office category. For the proposed building of 29,419 square feet GFA under the General Office category, 98 parking spaces are required. This makes a total requirement of 199 parking spaces. FIGURE 2 shows that199 parking spaces are provided, so the Boynton Beach Code has been Satisfied for General Office usage. Copyright @ 2006 Tinter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 4 "#' ;'-'- ,;;;~~~~~~' ~ k1!ft )f'<.. 'i),> r-:.~' I@J' , 'KJ'l".rt~..'::. ~~. ~~~~ I "'j ~~ '~"\... ,'-\"',J<t;'.~I'(.["'\",,~,,"\...i"- ~ ,~N! ~ ~~! _Qi '1." .z..'~~''"\...,\,<:<,>~ ~"~'"\...'"\...'''-~'t ~" ~ to. 't. '.....' ''",),0-,~'"\...I<'~'h I~ <'W ~~""\...,' , "I ~ € w "~''f,(!< r-i,,1'.i',N'~'f'~ ~\ ~1(J~~~~'~~>' K, t : . t ~~~\~:. ~', " " ?Jd :..,., . k~"~' ,':{~ i "~$t"',";~~.., :;.. ""~'~~ ~I~h; ~','<l,,:. ",,?tl~~l, , ' '"\... iJf>:' . -'-~1i-.~lii' , '" ''''"\...,', I'} ~ f~ (, I \ !B:f"t~ '. ~~~ ~'~:~<~~>~~'iJ<R~ Ii l.';F~~ ~;;f ~~~~~~~~~~ Ii :1<-,,1,: r.J: .. -, i,:E . " ....,"\..." ,>, ."\...,', ;. "'" ~ ~ I' ,~i 1 I I"'.'" I " "."\... " , " ,> >i" ; :i i. J ~,J '" '. ~I: 1 ~ ....,'~ ~," i: ~ I' I~ 1~. '. N: . ~iili. I fJt'M'-. . ."',,-' . ~ 0 ;B '( ~ --if It, I 'C{ 1 ~ lio.~~::: I ~ · "L ~ I ; I ;"'it.1 j:::5 ~t'~G~" ~.~' ..... ~, ti ... JI1 (.J~ j t. i-H~k'~ .,.',,"-,'"\....J,<J....t!r.l",l...i ,'ill i~J~I;1 I'" .-~:~ ~~'~~<~~:~~~I,-~ Jilfl~~:~~~iIP-' I:'" ikJ '~~" ",~ '~~''';''~'~~~~i: ;S.'--NJH I . .i-.-_. I . 1 ll.... ~''"\... ''';,>,""\''''""\'''' - -....I, '"\...1i.ll~ 'I:".I.~:. 1.;/1 . '-"" 1 l~ ',' ~ ~....--", ~"'" r....,~ r~.'! ! ~ ,~~ai ~. I I.j. -, fn i..~. ,",,,'\"~,., ~ f'.f).i ;..... , I 1 ,. I" ~ !' I -l\n':;'~ 'wl' it,. 'I" I , ~~ml.,'.....h lli' ~""-.. ,,,', . \ .jJ""ll .. ..! L [! i---.l . ~ [it i ~ f~'"\... ,11 ,;;- ':=iqJ::;W:. 1_) I.'.;' I'~'~~~~~~ ~~ f > 1:~1! 'i. AO-, .- ~ . ~~;'.::,.~....\ .<R~'~. ..... if i . ~t..l: 'L -- ____ ouw~qc-., , ; - ~~"j-'~ ~- ...... , . .'/., '"" ~ ': '"" - ~i:,"'~ ~ I :~.c; ~A:i..cgr~ ,1 1.:~r~T} .~. ~~ ~~: ~~~~ ~ :: 'A~'~. .:.....~k_.. . ...\......,'7:\. I . . .2S',,-', _ . ,~i !. .~ .'.-':. ", . . '.' . . . . . . . . , u 90"00'00. If 170.73' . ~ i:l~~ K 9CJilO'OO. W\lS8.t( N to ~ \! .~_.. , .J w ~ : r__N.laL'jU.1~ _ _ _ ~ - - +-- - - - - - ~~-~~~llIRCl~~ I... - .........1 (PJl. 4&. PCB. 128 AND 127. PfB..C.R.) 1IOOLBRIGHT ROAD ~ .-...-- (ROAD P.B. 4, PC. 85, P/B.C.R.) ) , , \ Pylon Interstate Plaza Architect's Site Plan ,:, Tinter Associates, Inc. Transportation Engineers - 3303 W. Commercial Blvd. Ste. 201 Ft. Lauderdale, FL 33309-3412 www.tinter.com (954) 484-3633 Fax: (954) 4849612 $ u I . i i ~ I I z <( -' "- ~ <0 FIGURE 2 _m....-~\ Tinter Associates, Inc. Transportation Engineers EXISTING BUILDING CONDITIONS AND CURRENT USAGE The existing building at Pylon Interstate Plaza consists of the following twelve suites: SUITE TENANT NET SQUARE FEET 100 101 120 140 150 200 220 230 240 250 280 290 Wells Fargo Peninsula Bank Community Development Foundation Michael J. Konzela, DDS Chambers Properties, llC Ameriprise Financial Barry University Barry University Kenneth lee, M.D. Regional Property & Casualty Keating Investments Webb & Company, P.A. 1416 4055 3600 1467 1480 1622 1894 1992 4295 405 743 706 Total leased Space = 23,675 square feet The two Medical Offices total 5,762 square feet. This equals 24% of the total leased space. There is a loss factor in the utilization of the building from the atrium, hallways, stairways, mechanical rooms and maintenance closets. For the existing building the GFA is 30,188 square feet. The total leased space is 23, 675 square feet. This amounts to a loss factor of 22% (30,188-23,675 = 6513 square feet ; 6513 divided by 30,188 = 22%) . This loss factor of 6513 square feet equates to 22 parking spaces; 6513 divided by 300 square feet = 22 parking spaces. Copyright @ 2006 TInter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 8 _R....-.~\ Tinter Associates, Inc. Transportation Engineers CONTRIBUTING FACTORS The Pylon Interstate Plaza is conveniently located in the City and as such, enjoys the services of various modes of transportation that do not consume parking spaces. For example, there is a shuttle bus service, ATRIA-MERIDIAN, (561-965-7200) that regularly makes two trips a day on Tuesdays, Wednesdays, and Thursdays delivering and picking up patients for Dr. Lee (Suite 240). Some patients arrive by taxi. There are several other transportation companies that perform similar services for Dr. Lee, but no data has been forthcoming to date. The two suites that are occupied by Barry University (220 and 230) are only used during the evening hours to train firefighters and police officers. During the daytime hours, only 3 or 4 staff personnel are present in these offices. REQUESTED VARIANCE AND RATIONALE The requested variance for the Pylon Interstate Plaza development of 49 parking spaces is not detrimental to the City. This report clearly proves that the variance is supportable and the corresponding change from 100% General Office usage to 50% General and 50% Medical would not be a detriment to the City and its residents. Copyright @ 2006 Tinter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 10 Statem, it of Special Conditions, Hal .ships or Reasons Justifying the Requested Exception or Variance EXHIBIT "0" A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Special conditions and circumstances exist peculiar to this parcel of land that are not applicable to other parcels of land in the same zoning district. This parcel of the Boynton Commerce Center is one of the smaller parcels in the C-1 zoned center. In fact, there is a surplus of existing parking spaces onsite as evidenced by the enclosed photographs taken at the site at 10:00 am and 3:00 pm over various days of the week, as provided on the enclosed table indicating the approximate available parking spaces at certain peak times. At all times, over 50% of the exterior parking spaces were available. Thus, there will clearly not be a negative impact in anyway on other tenants or guests of the center. B. That the special conditions and circumstances do not result from the actions of the applicant; The changing market demands for additional medical offices are the reason that the Applicant is requesting this Variance. In fact, most of the patients travel to the site in vans and do not drive their own cars. Additionally, the doctors work at scattered hours so there is minimal impact on the parking situation. Moreover, the doctors and staff have gated entry into the underground garage. C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; Granting the Variance will allow the Applicant reasonable use of the property which would not be excessive for the subject lot. The Variance is compatible with the provisions and intent of the Code as it will not be disruptive to the surrounding area. No special priVilege will be given to the Applicant. D. That literal interpretation of the provIsIons of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; A literal interpretation of the Code would be an unnecessary and undue hardship upon the Applicant. The Variance furthers the reasonable use of the property and does not negatively impact the surrounding area. The lack of the Variance would have a substantial impact on the marketability of the project which would deprive the Applicant of the reasonable economic benefit of the property, as enjoyed by others in the zoning district. EXHIBIT "E" Conditions of Approval Project name: Pylon Interstate Plaza File number: ZNCV 06-010 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING \Cf( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI VIII.-PUBLIC HEARING ITEM G. Requested City Commission Date Final Form Must be Turned Meetin!! Dates in to City Clerk's Office Requested City Commission Meetinl! Dates Date Final Form Must be Turned in to City Clerk's Office [g) December 5, 2006 0 January 2, 2007 0 January 16, 2007 0 February 6, 2007 November 20, 2006 (Noon.) 0 February 20, 2007 December 18, 2006 (Noon) 0 March 6, 2007 January 2,2007 (Noon) D March 20, 2007 January 16.2007 (Noon) D April 3, 2007 February 5, 2007 (Noon) NATURE OF AGENDA ITEM o o o o [g) AnnouncementsIPresentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o City Manager's Report o New Business o Legal o Unf"mished Business o February 20, 2007 (Noon) o 0"> March 5, 2007 (Noon) :z: o <: March 19,2007 (Noon1\.> \C " :x is> N W n n::j ::j-< -<0 n"Tl r:;;CO :;00 ;:x:-< .2: (J) -< DD ...,2: ...,... -I"TJ ("')> I"TJO ::%: RECOMMENDATION: Please place this request on the December 5, 2006 City Conunission Agenda under Puhlic Hearing. The Planning and Development Board on November 28, 2006, reconnnended that the subject request be approved. Staff respectfully requests that this item be processed expeditiously to the December 51b Conunission meeting given the cancellation of the December 191b meeting. For further details pertaining to the request, see attached Department Memorandum No. 06.208. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Pylon Interstate Plaza (ZNCV 06-010) Jason Mankoff, Weiner & Aronson, P.A. Chambers Properties, LLC and Pylon Plaza, LLC 150 I COIporate Drive Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section I I, Supplemental Regulations, H.16.d(19), for a variance of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent of the office space, within the C-IOffice and Professional Connnercial zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A ~A ~ Developmenkep nt Director Plaruung and Z City Attorney / Finance S:\Planning\SHARED\WP\PROJ TS\Pylon Interstate Plaza\ZNCV 06-OlO\Agenda Item Request Pylon INterstate Plaza ZNCV 06-010 12-5-Q6.doc S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC Assistant to City Manager City Manager's Siguature CIu--- TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-208 STAFF REPORT Chair and Members Planning & Development Board and City Commission Michael W. RUmP~ Planning and Zoning Director Ed Breese ~ Principal Planner November 16, 2006 Pylon Interstate Plaza / ZNCV 06-010 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, H.16.d(19), for a variance of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent of the office space, within the C -1 Office Professional zoning district. Property Owner: Applicant! Agent: Location: Acreage: Proposed Use: Zoning District: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION Chambers Properties, LLC and Pylon Plaza, LLC Jason Mankoff, Weiner & Aronson, PA 1501 Corporate Drive (see "Exhibit AU - Location Map) 124,581 square feet / (2.86 acres) Office Buildings Office Professional (C-1) Right-of-way for Woolbright Road, then farther north is developed commercial property (Racetrac gas station), zoned Community Commercial (C-3); Vacant industrial property (retention pond for Boynton Commerce Center), zoned Planned Industrial Development (PID); Right-of-way for Corporate Drive, then farther east is developed commercial (Lowe's), zoned Community Commercial (C-3); Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then farther west Staff Report Memorandum No PZ -06-208 Page 2 is developed commercial (First Southern Bank). To the southwest, a 60+/- foot portion of the subject property is adjacent (across the canal) to developed residential property (Leisureville), zoned Single-family residential (R-1AA). BACKGROUND Mr. Jason Mankoff, agent for Chambers Properties, LLC and Pylon Plaza, LLC is seeking zoning code variance approval of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent of the office space currently existing and approved for construction on the site. The property is located at the southwest corner of Woolbright Road and Corporate Drive and offices are permitted uses in the C-1 zoning district. Currently one (1) 30,188 square foot office building exists on the site, which was approved as the first phase of a two-phase project in 1984. On June 20, 2006, the City Commission granted approval for phase two of the project, which proposed the construction of a 29,419 square foot office building. In each case, the site plans were approved with a code compliant office parking calculation of one (1) parking space for each 300 square foot of gross floor area. The applicant would like to be able to attract medical tenants to the buildings, however the parking calculation for medical office is one (1) parking space for each 200 square foot of gross floor area. Within the current office building, there are two existing medical tenants. The approved plans for site ("Exhibit B") indicate a total of 200 parking spaces to be provided and 199 spaces required under the general office calculation (one (1) parking space for each 300 square foot of gross office space), an excess of one (1) parking space and insufficient, according to code, to accommodate medical tenants. The applicant has hired Tinter Associates, Inc., Transportation Engineers, to prepare a parking study, in order to analyze the existing parking usage and determine the impact on the allotted parking for the site if the project was permitted to accommodate up to 50% medical tenants. The consultant has determined, based upon current parking demand and building design, that a variance of 49 parking spaces, which would accommodate up to 50% medical tenants, is substantiated (a copy of that study is attached as "Exhibit C"). ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see Exhibit "D"). The code states that the zoning code variance cannot be approved unless the board finds the following: a. T77at special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. On the surface, no circumstances appear to be peculiar to the land on which this structure exists and the second building to be built. The applicant suggests that the property is one of the smaller C-1 Office Professional parcels, however there would appear to be smaller office parcels fronting the Woolbright Road corridor than the one in question. The applicant's consultant also notes that the design of the buildings' f100rplan greatly decreases the true amount of office space within the buildings, with the inclusion of atriums not typical of most buildings, and the deduction for hallway space, stairways, mechanical rooms and maintenance closets. The study concludes that these spaces total approximately 22% of each building and If not used in the square footage calculation would make an additional 44 parking spaces available. However, City code H.16.d(19) states that, "Medical and dental clinics, offices and office buildings: One (1) parking space per two hundred (200) square feet of Qro.s:sfloor area". This calculation would take into consideration all of the space within the four walls of the building. The application did not compare the f100rplan of these buildings to other office Staff Report Memorandum No PZ~06-208 Page 3 buildings in an effort to demonstrate the peculiar nature or special conditions not applicable to other buildings in the same zoning district. The applicant did however note other municipal zoning codes relative to medical office parking regulations. For instance, the City of Deerfield requires four (4) parking spaces per doctor plus one (1) space for each 300 square feet of floor area used for office purposes. The City of Pompano Beach requires three (3) parking spaces per doctor and one (1) space for each 250 square feet of floor area used for office purposes. b. That the special conditions and circumstances do not result from the actions of the applicant The applicant states that the changing market demands for additional medical offices are the reason for the parking variance application. Obviously with the aging population in the region and the close proximity to Bethesda Memorial Hospital, the demand for doctors offices in the immediate vicinity makes a great deal of sense. It would be difficult to argue that the circumstances surrounding the need for a parking variance are not the result of actions of the applicant. In the Phase I building, some of the parking for Phase II was constructed to complete the site layout between the curbcuts. With this excess parking, there was an adequate number of spaces to accommodate some medical tenants. In order to meet the parking code requirements, the applicant always has the opportunity with new construction to reduce the building square footage to meet the amount of parking provided. However, in most cases, staff is presented with the common response that the project would no longer be financially feasible. And in many cases, the applicant is correct, either based upon what he paid for the property, increased construction costs, and/or reasonable tenant lease pricing. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The applicant has stated that the granting of this variance request will not confer any special privilege, and that it would not be disruptive to the surrounding area. The applicant has gone to the extent of having a parking study prepared to illustrate the current demand on parking. Based upon the on-site survey of parking spaces occupied at different times of the day, an analysis of the tenant occupancy type, and vacancy rate, the consultant concludes there is adequate parking available. Based upon the amount of parking spaces allocated to just the Phase I building, the maximum percentage of parking spaces occupied during the four (4) day observation period was 66%, while the least amount was 44%, with the average being approximately 57%. With the occupancy rate at 91.67% (11 of the 12 office suites were occupied at the time of the study), and two (2) medical tenants leasing 24% of the building space, the consultant again concludes that the proposal to allow 50% of the total office space be leased to medical tenants would not be detrimental to the City. The medical field however has specialists, with varying degrees of intensity of patient contact and number of patients seen in any given day. While the parking appears to adequately accommodate the current office and medical mix, it should be understood that a more parking intense tenant could create issues for patients and clients seeking a parking space. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant The applicant states that the variance furthers the reasonable use of the property and does not negatively impact the surrounding area. Further, that the lack of a variance would have a substantial impact on the marketability of the project, which would deprive the applicant of the reasonable economic benefit of the property, as enjoyed by others in the zoning district. As noted many times in staff reports involving variances, economic hardship is not one of the criteria or factors to be taken into consideration when determining if there are site speCific limitations that warrant the granting of a Staff Report Memorandum No PZ-06-208 Page 4 variance. While staff does not totally ignore issues involving economic hardship, it is secondary to the stated criteria in this report (variance justifications "A" through "G", contained herein). e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. According to the applicant, the granting of the variance is a minimal requirement to make reasonable use of the property for medical office. The applicant further notes that, as previously stated, codes in other municipalities would accommodate the request for medical use in the office space without the requirement of a variance. The consultant pOints out that the removal of non-Ieaseable office space, atriums, hallways, and mechanical and storage spaces, in and of itself would reduce the parking requirement by 44 parking spaces, only requiring a variance of five (5) spaces instead of 49. The fact that the applicant only requested 50% of the office space for medical use purposes does indicate an acknowledgement on the part of the applicant of reasonableness in the request. f. That the granting of the variance will be in hannony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. In response to this criteria, the applicant again concludes that the variance would not be injurious to the neighborhood and in fact, would be beneficial to the nearby residents who would have access to medical offices in close proximity to their homes. Staff inspected the premises on several occasions to determine the validity of the parking study and found the parking lot highly underutilized. While there is no way to ensure that, as tenants come and go and the operational characteristics of the tenant mix change, that the parking demand will not be affected. Based upon present day assumptions, the parking study as presented appears correct in its conclusion that the requested variance will not be detrimental to the public welfare. It should be understood, if the variance is granted and a parking problem does arise, there is no convenient/overflow parking in the immediate vicinity (like on-street parking) for the use of the patrons of the building, which may adversely affect the building tenants. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Since the request is for relief from the parking regulations, this particular criteria is not applicable. RECOMMENDATION Nearly all variances would likely be denied if based solely on all criteria for determining hardship as stated in the land Development Regulations, Chapter 1.5, Section 4.1. However, the hardship appears to be self imposed and could be avoided by reduction in the size of the second building yet to be constructed, but as noted in the staff report, this may not be economically feasible. Therefore based upon the hardship criteria alone, staff recommends that this request be denied. However, should the City Commission choose to approve this request based on its particular merits, rather than on traditional hardship, staff notes the following: 1. Staff has inspected the site on several occasions and found the parking lot underutilized; 2. The need for medical office space in proximity to Bethesda Hospital is high; and Staff Report Memorandum No PZ.06.208 Page 5 3. The buildings are in close proximity to a considerable amount of residential units and a senior population. No conditions of approval are recommended; however, any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit "E" - Conditions of Approval. S:\Plannlng\SHARED\WP\PROJECTs\Pylon Interstate Plaza\ZNCV 06-QI0\Staff Report.doc .. EXHIBIT "An 1 In. = 300.0 feet - . PCD PCD Home Dep Woo rl hI C3 lOCATION MAP PYlON INTERSTATE PlAZA Phase II lOCATION MAP EXHIBI~ 8 'V....v. -'/ --.t=:'./ v "- \,.-- v "- G'-....,.;;;"J T -' - f , , ~ n o '" .. o ~ ~ (11 ~ e/d L~l u"" ~Zl S~d gt e dl _ll~ _Z:SSI'lI'l~J 100~r'_ 11_& 11Jll~d - ,'''~~..:. ~."" ~1'BC1\ .. .00,0' N Hi , ." ,;: Z I I . I ! I i . . ~ I Ii . "",,p, . ~1I1'tJ;/ ~': ~;jii!i, ~' ~') I ! i' ,I ~, ~ ~ ! ,I i! , , ! \ f \ \ I I ~, ~ 'I~ ~~A~Jf~ , Ui InU!I!li i Ii fi IiIIU"lI..~ l G i 'ljIUblP",ln" 1!IWljll!111 Ii 19:!I'11I i!! I I:j"IIj!!I!,.j, :il 1~!iIJJ:l h l I 1t,1'I" II' ("1l"::ra/d'SII"!kI't"1i4a'l'0ll) av~;;'OO" !eJ iI I IIWlliUll1 u li;~il!l~ llll\' !III .., ~ I I'I.! 'PI "rq II! Iii. I l II ii illl' ! II .. _ _ __ .III .11 ::1 :xl Ii . . I !! III 'i il : I" !f 'II I' "Ii 'II !l ILl" II i P", ,d, '.!llll .I ii 5 I.! :, 111,1, III III '111I1 I III 'I" II r: z 'I P., '. "I -, III "" . ;. · li'I' E> t ~ J f) I _ Ii I j;, I I PYlON INlERSTAlE PLAZA PHASE II l5(:lCQRPORA:[!)flI\{ 3O'1'l<lTON AcACH, H 33426 . BTEVIEN-L. COHEN . =~_--::.~ AND A.SDCIATE8, P.A. - -...-.---- . a'4' w. CYP"".. 1lZ"tl:EK .D. .Ul,..- 1 D. - I"ORT I...AUQII:RDALII:, n..DRIr;tA :11:11:11". "'=~.!.'~-:"!.!.!.'':~'.~ --. ~\ EXHIBIT "e" Tinter Associates, Inc. Transportation Engineers PARKING VARIANCE STUDY Pylon Interstate Plaza 1501 Corporate Drive Boynton Beach, Florida Tinter Project No. 06-2052 Prepared For: Chambers Properties, LLC 1501 Corporate Drive, Suite 150 Boynton Beach, Florida 33426 Prepared by: ~\ Tinter Associates, Inc. . Transportation Engineers 3303 West Commercial Boulevard. Suite 201. Fl Lauderdale, Florida 33309 Voice (954) 484-3633 . Fax (954) 484-9612 Web Site http://www.tinter.com October 2006 06-2052 Copyright @ 2006 Tinter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 2 --_.,-~\ Tinter Associates, Inc. Transportation Engineers TABLE OF CONTENTS INTRODUCTION .. ........ .... ........ .......... ..... ....... ................... .... ..... ............... ........... .........4 EXISTING CONDITIONS AND CURRENT USAGE....................................................... 8 PARKING COUNTS............................................ .......9 CONTRIBUTING FACTORS.......... ...... .......... ..... ....... .................... ................. .............. 10 REQUESTED VARIANCE AND RATIONALE............................................................ 10 FIGURES: FIGURE 1 - PROJECT SITE LOCATION - AERIAL ViEW............................................ 5 FIGURE 2 - PROJECT SITE PLAN ............................................................................. 6 APPENDICES: APPENDIX A: APPENDIX B: PARKING COUNT DATA EXISTING SITE PARKING PHOTOGRAPHS Copyright @ 2006 Tinter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 3 -... ~~ Tinter Associates, Inc. Transportation Engineers PYLON INTERSTATE PLAZA INTRODUCTION Tinter Associates, Inc. has been retained by Chambers Properties, LLC, to perform a Parking Variance Study for the property located at 1501 Corporate Drive in Boynton Beach known as Pylon Interstate Plaza. This 2.86 acre site is located on the comer of Woolbright Road and SW .7th Court (Corporate Drive). (See FIGURE 1). The property has one entrance/exit on the northwest side to Woolbright Road and two entrance/exits on Corporate Drive. There is a gated parking area underneath the building that provides 35 parking spaces. A two story building of comparable size on the west side of the existing building is planned. (See FIGURE 2, drawing A-1.1, dated 02-16-2006) Figure 1 shows an aerial view of the site locations for both developments. Figure 2 shows the site plan and geographical relationship of both buildings The Boynton Beach Building Code requires one parking space for each 300 square feet for General Office usage, and one parking space for each 200 square feet of Medical Offices. The original approval for the Pylon Interstate Plaza contemplated General Office usage. Therefore, for the existing building of 30,188 square feet Gross Floor Area (GFA) , 101 parking spaces are required under the General Office category. For the proposed building of 29,419 square feet GFA under the General Office category, 98 parking spaces are required. This makes a total requirement of 199 parking spaces. FIGURE 2 shows that199 parking spaces are provided, so the Boynton Beach Code has been satisfied for General Office usage. Copyright @ 2006 Tinter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 4 ~.PYIO:::::t:::W~ J l .....-- ,:, Tinter Associates, Inc-. .' Transportation Engineers ,_ 3303 W. Commercial Blvd. Sle. 201 . Ft. Lauderdale, FL 33309-3412 .'ww~"o~.'~ 'M',,,,"~~~'M~ l FIGURE 1 _~ WOOLBRIGHT ROAD ~ ..-.- (ROAD P.B. 4, PC. 85, P/B.C.R.) ;i "''' R_1855.86' A OY57'36~ .&.=128.34' i~ - , ~ , , \ , , I ;! ~ Pylon Interstate Plaza ,:, Tinter Associates, Inc. Transportation Engineers - 3303 W. Commercial Blvd. Sle. 201 Ft. Lauderdale, FL 33309-3412 www.tinler.com (954) 484-3633 Fax: (954) 484-9612 Architect's Site Plan ! I J ~ - i i ! ~ " ~ o ~ o u i I i i :z <( --' ll.. ~ 0) FIGURE 2 _...._~\ Tinter Associates, Inc. Transportation Engineers Due to the need for Medical Offices in the City of Boynton Beach (City), the City will be better served by revising the use of Pylon Interstate Plaza to include 50% General Offices and 50% Medical Offices. Under the Boynton Beach Code, this change would require an additional 49 parking spaces as follows: 50% General Office and 50% Medical Office Existing Building - General Offices = 50 Parking Spaces required _ Medical Offices = 75 Parking Spaces required Total Requirement For The Existing Building = 125 Parking Spaces Proposed Building - General Offices = 49 Parking Spaces required _ Medical Offices = 74 Parking Spaces required Total Requirement For The Proposed BUilding = 123 Parking Spaces Thus, the grand total for both buildings utilizing 50% General Office and 50% Medical Office usage is 125 + 123 = 248 parking spaces. Since 199 parking spaces are provided , the variance request is for 49 parking spaces. This report substantiates a Parking Variance Request for 49 Parking Spaces for the Pylon Interstate Plaza. Copyright @ 2006 Tinter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 7 _lB. ~\ Tinter Associates, Inc. Transportation Engineers EXISTING BUILDING CONDITIONS AND CURRENT USAGE The existing building at Pylon Interstate Plaza consists of the following twelve suites: SUITE TENANT NET SQUARE FEET 100 101 120 140 150 200 220 230 240 250 280 290 Wells Fargo Peninsula Bank Community Development Foundation Michael J. Konzela, DDS Chambers Properties, LLC Ameriprise Financial Barry University Barry University Kenneth Lee, M.D. Regional Property & Casualty Keating Investments Webb & Company, P.A. 1416 4055 3600 1467 1480 1622 1894 1992 4295 405 743 706 Total Leased Space = 23,675 square feet The two Medical Offices total 5,762 square feet. This equals 24% of the total leased space. There is a loss factor in the utilization of the bUilding from the atrium, hallways, stairways, mechanical rooms and maintenance closets. For the existing building the GFA is 30,188 square feet. The total leased space is 23,675 square feet. This amounts to a loss factor of 22% (30,188 - 23,675 = 6513 square feet; 6513 divided by 30,188 = 22%) . This loss factor of 6513 square feet equates to 22 parking spaces; 6513 divided by 300 square feet = 22 parking spaces. Copyright @ 2006 Tinter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 8 --- ~\ Tinter Associates, Inc. Transportation Engineers The proposed building is expected to have a similar loss factor as it follows the original design of the existing building and a corresponding difference of 22 parking spaces. Thus, using the Boynton Beach Code for General Offices and only considering the actual leased space, a reduction of 44 parking spaces could be postulated without the need for any further analysis of the site. PARKING COUNTS A four day (weekday) count program monitoring 96 parking spaces was conducted on the Pylon Interstate Plaza from Thursday, August 10, 2006 through Tuesday August 15, 2006. (However, 33 of these parking spaces are part of Phase II ; 96-33 = 63 ) This data is presented in APPENDIX A. If the 33 Phase II parking spaces are discounted from the data, there is still a large surplus of parking as indicated in TABLE 1. Table 1 58% 66% 63% 44% This data shows that over four different days (Thursday, Friday, Monday, and Tuesday,) there were significantly less than 66% of the 63 Phase I parking spaces being utilized. The corresponding occupancy rate of the office suites at the time of the parking counts was 91.67%. There are twelve suites and only one was unoccupied at that time. Copyright @ 2006 Tinter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 9 -~."''''-r.\ Tinter Associates, Inc. Transportation Engineers CONTRIBUTING FACTORS The Pylon Interstate Plaza is conveniently located in the City and as such, enjoys the services of various modes of transportation that do not consume parking spaces. For example, there is a shuttle bus service, ATRIA-MERIDIAN, (561-965-7200) that regularly makes two trips a day on Tuesdays, Wednesdays, and Thursdays delivering and picking up patients for Dr. Lee (Suite 240). Some patients arrive by taxi. There are several other transportation companies that perform similar services for Dr. Lee, but no data has been forthcoming to date. The two suites that are occupied by Barry University (220 and 230) are only used during the evening hours to train firefighters and police officers. During the daytime hours, only 3 or 4 staff personnel are present in these offices. REQUESTED VARIANCE AND RATIONALE The requested variance for the Pylon Interstate Plaza development of 49 parking spaces is not detrimental to the City. This report clearly proves that the variance is supportable and the corresponding change from 100% General Office usage to 50% General and 50% Medical would not be a detriment to the City and its residents. Copyright @ 2006 Tinter Associates, Inc. All rights reserved Pylon Interstate Plaza - 06-2052 Page 10 Parking Table 53 55 39 37 4 4 9 96 55 50 37 42 S aces 4 S aces 4 96 96 S es 59 52 33 40 4 96 96 57 64 35 28 4 S aces 4 96 9 Em Occu ied Parkin Spaces Handica S ces Total Data Provided by: Jason s. Mankoff Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, Florida, 33444 Tinter Project # 06-2052 Statem, it of Special Conditions, Hal ;hips or Reasons Justifying the Requested Exception or Variance EXHIBIT "0" A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Special conditions and circumstances exist peculiar to this parcel of land that are not applicable to other parcels of land in the same zoning district. This parcel of the Boynton Commerce Center is one of the smaller parcels in the C-1 zoned center. In fact, there is a surplus of existing parking spaces onsite as evidenced by the enclosed photographs taken at the site at 10:00 am and 3:00 pm over various days of the week, as provided on the enclosed table indicating the approximate available parking spaces at certain peak times. At all times, over 50% of the exterior parking spaces were available. Thus, there will clearly not be a negative impact in anyway on other tenants or guests of the center. B. That the special conditions and circumstances do not result from the actions of the applicant; The changing market demands for additional medical offices are the reason that the Applicant is requesting this Variance. In fact, most of the patients travel to the site in vans and do not drive their own cars. Additionally, the doctors work at scattered hours so there is minimal impact on the parking situation. Moreover, the doctors and staff have gated entry into the underground garage. C. That granting the variance requested wil/ not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; Granting the Variance will allow the Applicant reasonable use of the property which would not be excessive for the subject lot. The Variance is compatible with the provisions and intent of the Code as it will not be disruptive to the surrounding area. No special privilege will be given to the Applicant. D. That literal interpretation of the provIsIons of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; A literal interpretation of the Code would be an unnecessary and undue hardship upon the Applicant. The Variance furthers the reasonable use of the property and does not negatively impact the surrounding area. The lack of the Variance would have a substantial impact on the marketability of the project which would deprive the Applicant of the reasonable economic benefit of the property, as enjoyed by others in the zoning district. E. That the varianc Jranted is the minimum variant that will make possible the reasonable use of the land, building or structure; The granting of the Variance is a minimal requirement to make reasonable use of the property for a medical office. The site layout does not allow for alternative design options. In fact, other municipal .code requirements for medical offices are less stringent and would not even require the need for a variance. For instance, the City of Deerfield Beach requires four (4) spaces per doctor plus one (1) space for each 300 square feet of floor area used for office purposes and the City of Pompano Beach requires three (3) spaces per doctor plus one (1) space for each 250 square feet of floor area used for office purposes. The square footage dedicated for office purposes generally excludes about 25% of the actual square footage due to the exclusion of common areas, hallways and bathrooms. Thus, the proposed Variance is reasonable and the minimum way to achieve the desired intent. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The request is consistent with the intent of the Code to promote a better quality environment and promote the public welfare. The approval of the Variance will certainly not be injurious to the neighborhood or otherwise detrimental to the public. In fact, the requested relief will be beneficial to the neighboring properties and nearby residents who will have access to nearby medical offices, especially since many residents greatly appreciate being in close proximity to their doctors. G. Variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Not applicable. 7 EXHIBIT "E" Conditions of Approval Project name: Pylon Interstate Plaza File number: ZNCV 06-010 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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 FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 I DEPARTMENTS I INCLUDE \ REJECT I I Comments: None X I ! ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJEC'TS\Pylon Interstate Plaza\ZNCV 06-010\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Pylon Interstate Plaza APPLICANT'S AGENT: Weiner & Aronson, PA APPLICANT'S ADDRESS: 102 N. Swinton Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5,2006 TYPE OF RELIEF SOUGHT: Request to allow zoning code variance approval of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to SO percent of the office space currently existing and approved for construction on the site. LOCATION OF PROPERTY: 1501 Corporate Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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:IPlanningISHAREDlWPIPROJECTSlPylon Interstate PlazalZNCV 06-010\DO.doc VIII.-PUBLIC HEARING ITEM H. CJr r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Connnission Meetinl! Dates in to City Clerk's Office Meetinl! Dates [gJ December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 0 January 2,2007 December 18,2006 ~oon) 0 March 6, 2007 0 January J 6. 2007 January 2, 2007 (Noon) 0 March 20, 2007 0 February 6, 2007 January 16, 2007 (Noon) 0 April 3, 1007 Date Final Form Must be Turned in to City Clerk's Office February 5, 2007 (Noon) February 20. 2007 (Noon) C) March 5, 2007 (Noon) m :z: C) March 19.2007 (Noon) c:: I'.) \0 0 AnnouncementsJPresentations 0 City Manager's Report -0 :x NATURE OF 0 Administrative 0 New Business ~ AGENDA ITEM 0 Consent Agenda 0 Legal I'.) c.u 0 Code Compliance & Legal Settlements 0 Unfmished Business [g) Public Hearing 0 C") n..... :::j-< -<0 (....,""T1 r-m rno :;::)-< :>cz ui..... o Oz "0:> :!f1'I oJ> f1'Io :r RECOMMENDATION: Please place !his request on the December 5, 2006 City Commission Agenda under Public Hearing. The Planning and Development Board on November 28, 2006, reconunended that !his request be approved. Staff respectfully requests that !his item be processed expeditiously to the December 5" Commission meeting given the cancellation of the December 19th meeting. For further details pertaining to the request, see attached Department Memorandum No. 06-206. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: High Ridge New Urban PUD (SPTE 06-013) Jeffrey Costello, Director of Planning for New Urban Conununities New Urban High Ridge, LLC High Ridge Road and Miner Road Request for a 12-month site plan time extension for site plan approval granted on September 20, 2005, to extend site plan approval from September 20, 2006 to September 20,2007. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Development ~C.M 'S. Ity anager sIgnature Assistant to City Manager Planning and 20 S:\Ptanning\SHARED\WP\PROJEC 013 12-5-06.doc S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC g irector City Attorney I Finance \High Ridge. New Urban Communities\SPTE 06.0 13\Agenda Item Request High Ridge New urban pun SPTE 06- TO: FROM: THROUGH: DATE: PROJECT NAME j NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-206 STAFF REPORT Chair and Members Planning and Development Board and Mayor and City Commission Gabriel Wuebben t\. ~ Planner _ $/ Michael W. Rumpf IJ Director of Planning and Zoning November 7, 2006 New Urban High Ridge PUD j SPTE 06-013 Site plan time extension for 48 single-family detached homes and 126 fee- simple townhomes on an 18.44-acre parcel in the PUD Planned Unit Development zoning district. Property Owner: Applicantl Agent: Location: Existing Land Use: Existing Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: PROJECT DESCRIPTION New Urban High Ridge, LLC Jeffrey Costello - Director of Planning, New Urban Communities, Inc. Northwest corner of High Ridge Road and Miner Road (Exhibit "AU) Medium Density Residential (9.58 dujacre) PUD Planned Unit Development 48 Single-family detached homes 126 fee-simple townhomes 18.44 acres Single family homes in unincorporated Palm Beach County, designated LR-2 Low Density Residential (2 dujacre) and zoned RS Single Family Residential; The right-of-way of Miner Road, then developed property (flex space warehouse) designated Industrial (I) and zoned M1 Light Industrial; further south a town home development (Canterbury), with a density of Staff Report - High Ridge New Urban Communities (SPTE 06-013) Memorandum No PZ 06-206 Page 2 approximately 9.9 dujacre, designated Industrial (I) and zoned Planned Industrial Development (PID); to the southwest, undeveloped property within unincorporated Palm Beach County designated Industrial (IND) and zoned Single Family Residential (RS); East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge Estates, with single family homes and townhomes (townhomes built at 8.04 dUjacre), designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD). To the southeast, High Ridge Commerce Park, developed properties designated Industrial (I) and zoned Planned Industrial Development (PID); and West: To the west, undeveloped property (High Ridge Country Club) designated Low Density Residential (LOR) and zoned R1M Single Family Residential. BACKGROUND Mr. Jeffrey Costello, agent for New Urban High Ridge, LLC, is requesting a one (1) year time extension for the New Urban High Ridge PUD Site Plan development order (NWSP 05-016), which was approved by the City Commission on September 20, 2005. This approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extension were approved, the expiration date, including concurrency certification, would be extended to September 20, 2007. According to the site plan staff report, the project was approved to construct 48 Single-family detached homes and 126 fee-simple townhomes on an 18.44-acre parcel in the PUD Planned Unit Development zoning district. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, prOVided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request September 20, 2006 - the last day before expiration of the site plan. The developer illustrated several reasons for the delay in securing permits. Plans had to be changed due to the Palm Beach County Traffic Division which required a 15' dedication and additional concerns from the County regarding High Ridge Road. A series of lift station and lake relocations delayed progress through April of 2006, and required modifications to the plans and plat, which were resubmitted to the City. Also, the plat process and completion of the engineering plans took longer than anticipated as a result of the 2005 hurricane season as well as coordination with the various City agencies and abutting property owners. The developer has pointed out progress made to date in order to indicate good faith. A minor site plan modification to address adjustments made in response to commentsjconditions of site plan approval was just recently approved. A Capacity Reservation Fee in the amount of $225, 100.46 has been paid in full to the City of Bovnton Beach. The Palm Beach County right-of-way permit for High Ridge Road Staff Report - High Ridge New Urban Communities (SPTE 06-013) Memorandum No PZ 06-206 Page 3 improvements has been approved and forwarded to South Florida Water Management District, with approval pending. Palm Beach right-of-way permit for the landscaping within High Ridge Road is pending. Health Department approval of the water and sewer plans has been approved. The site clearing and grubbing permit has been issued, as well as the permits for the land development sign and construction trailer. The final engineering plans have been approved. The resubmitted plat is awaiting City Commission approval, likely in December of 2006. Land development is to commence immediately after approval and recordation of the plat. The construction drawings are being prepared with submittal of building permits to occur in November. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. On April 27, 2005, the Palm Beach County Traffic Division determined that the proposed residential development meets the Traffic Performance Standards of Palm Beach County. According to the analysis, the Palm Beach County and Florida Department of Transportation Five (5)- Year Road Program do not include any widening projects in the vicinity of the site. According to the land use amendment staff report (PZ Memo 05-024), High Ridge Road is currently operating at a "B" level of service and would continue to do so after project build-out. The site plan time extension would still be subject to the original conditions of site plan approvals. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060. RECOMMENDATION Staff has reviewed this request for site plan time extension, and recommends approval contingent upon successfully satisfying all comments indicated in Exhibit "(" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planmng\SHAREO\WP\PROJECTS\High Ridge- New Urban Communities\SPTE 06-013\High Ridge SPTE 06-013 Staff Report.doc Exhibit nAn - New Urban High Ridge PUD Location Map MIN~---.----l" . r--- ' I I I R1AA Single Family Residentia roo l " ..... "-~ PID ! ! , ! I , / r~----w , I NIC ------- ----- . 410 205 0 ~-- I : I , Ii TOMA TOE I ' , i i i I; I c' I: ,- - - ----~--- - ---- - -------- -- -- --- i R1AA \ ; . ISingle Family Residential: L-1'T--::,-'----7---". .', I ",-/1 --~+: ._"~:(O~/,J:">8~"J\'\:,,r:~2:".J '. :-__<,/ i! IIH,~;~f~,~~I::~: v.:t8S:~t{i~~1~t;!r\.' : m_ ,--~ -,' L ~~?hl , :Tj;"i!r'f :'~"'R.''l;I''''; ~:~:'!': .,.:}'..."., .., '-, ,-,SPRUCE n. .f;./I. '" '" W I- i5 VJ '" W I- ~ , , I , , , , , NIC I i : I I , 1-- '.-- I Ii' i I ~----1! ~i1 - Light IndU~~iL~_., II ,.____.\INDUSTRIAL _- ""_.__.; ; , I l ';. ii' '," i f I " '--L....L_--i, --J I I r:=-~:::;' [lcc] r-! ! I i n __~ L__.~! _tOMM~RCE! PAR~~----1 ;1 -lU U[_:-~ i 410 N w+" s 820 1,230 1,640 'Feet A EXHIBIT "8" New UrbanVCommunities September 20, 2006 Mr. Michael Rumpf Planning and Zoning Director City Hall- West Wing 100 Boynton Beach Blvd P.O. Box 310. Boynton Beach, FL 33425-0310 roJ ~ w, ~ r w [,~ lJ1) I SEP 2 0 20ffi l I PLANNING AND ZONING DlP! Re: High Ridge - Site Plan Approval Extension Request Letter Dear Mike: This letter is provided as a request for an extension of the site plan approval for the High Ridge PUD. At its meeting of September 20, 2005, the City Commission approved (5-0), with conditions, the request for New Site Plan Approval for High Ridge to construct 48 single family homes and 126 townhouse units on an 18.44 acre parcel located at the northwest comer of High Ridge Road and Miner Road. Pursuant to the Chapter 4, Section 5 of the City of Boynton Beach Land Development Regulations, upon approval of a site plan by the City Commission, the applicant shall have (I) year to secure a building permit from the Development Department, unless the City Commission extends the approval of the site plan for an additional time period, not to exceed one (1) year. While the owner of the property, New Urban High Ridge, LLC, has been diligently addressing conditions of approval, processing the plat, and obtaining permits from the various governmental entities; unfortunately, building permits have not been secured. The following is a list of items that indicate the reasons for the delay and demonstrates the owner is committed to the project and is proceeding in a "good faith" effort: . Subsequent to site plan approval, Palm Beach County Traffic Division required a 15' dedication from the east side of the property for High Ridge Road right-of-way, which significantly impacted the approved plans. Additional comments from the County concerning the three laning of High Ridge Road and stacking required additional changes to all the plans. . The lift station, which was originally indicated at the southwest comer of the retention area/lake, was relocated to the southwest comer of the site and the lake modified accordingly. We attempted to obtain an easement from the adjacent property owner (High Ridge Country Club) to connect to the force main to the north, as originally requested by Utilities Department. However, as the abutting property owner was not willing to dedicate an easement at this time, therefore the lift station had to be relocated to the southwest comer of the site, as requested by Utilities. The lift station relocation was finally resolved in April of this year and required extensive modifications to the plans and plat, which were resubmitted to the City. 398 NE 6th Avenue, Delroy Beach, Florida 33483 tel 561.279.8706. fax 561.272.3951 . www.newurbancommunities.com To; Mr. Michael Rumpf Re: High Ridge - Site Plan Approval Extension Request Letter Page 2 · A minor site plan modification is currently being processed to address site adjustments made pursuant to comments/conditions of site plan approval, Palm Beach County Traffic Engineering and City Utilities. Approval of the minor modification is pending, but should occur soon. . Capacity Reservation Fee in the amount $25,100.46 has been paid in full to the City of Boynton Beach. . Palm Beach County right-of-way permit for High Ridge Road improvements has been approved and forwarded to South Florida Water Management District. Approval from SFWMD is pending. · Palm Beach County right-of-way permit for the landscaping within High Ridge Road is pending. · Health Department approval (permits) of the water and sewer plans have been approved. · The site clearing and grubbing permit has been issued, as well as the permits for the land development sign and construction trailer. · The final engineering plans have been approved. . Resubmittal of the plat will occur on September 21, 2006, with approval by the City Commission pending. · Land development to occur immediately after approval and recordation of the plat. . The construction drawings are being prepared with submittal of building permits to occur by November. As indicated, the plat process and completion of the engineering plans took longer than anticipated while experiencing delays as a result of the 2005 hurricane event as well as coordinating with the various agencies; City Engineering, Utilities, and Planning Departments; and, the abutting property owner (High Ridge Country Club). Based upon the above, New Urban High Ridge, LLC respectfully requests. extension of the site plan approval for an additional year, expiring on September 20, 2007. Should you have any questions or need additional information, please do not hesitate to contact me at (561) 279-8706 ex!. 214. Sincerely, EXHIBIT "C" Conditions of Approval Project name: New Urban High fudge PUD File number: SPTE 06-013 Reference: I DEPARTMENTS I INCLUDE I 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: -- ~---_. - 1. The time extension is subject to the original Conditions of ApprovaL X ._.~.- - -- New Urban High Ridge PUD / SPTE 06-013 Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:IPlanningISHAREDIWPlPROJECTSlHigh Ridge- New Urban CommunitieslSPTE 06-013ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: New Urban High Ridge PUD APPLICANT: New Urban High Ridge, LLC APPLICANT'S AGENT: Jeffrey Costello - Director of Planning, New Urban Communities AGENT'S ADDRESS: 398 NE 6th Avenue, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5. 2006 TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20,2007, for 48 single-family detached homes and 126 fee-simple townhomes on an 18.44-acre parcel in the PUD Planned Unit Development zoning district. LOCATION OF PROPERTY: Northwest corner of High Ridge Road and Miner Road (Exhibit "A") DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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- New Urban Communities\SPTE 06-013\DO.doc Qr r IX. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin!? Dates in to City Clerk's Office Meetin2 Dates in to Citv Clerk's Office [g) December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2,2007 December 18.2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) 0 February 6, Z007 January 16,2007 (Noon) D April 3, 2007 March 19,2007 (Noon) 0 AnnouncementslPresentations [g) City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal D Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: Review the Utilities Department Capital Improvement Program (CIP), including recent changes, for the purpose of identifYing critical projects and funding impacts. EXPLANATION: Changes to the City of Boynton Beach Utilities Department CIP are a result of the recent reviews and discussions by Commission concerning water supply and treatment and the latest discussions on wastewater disposal as a result of Department of Environmental Protection correspondence. A Business Case Evaluation was implemented to review and analyze the Utilities Department CIP. Brown and Caldwell lead the review. They worked with staff and looked at supporting documents, utilized staff knowledge and reports, evaluated and prioritized, and opened discussion to new ideas. Costs, feasibility, and short and long term issues were looked at. Water supply and treatment was an area where new options were developed and looked at. The direction that was built into the CIP is Alternative C - West Water Plant conversion to low pressure reverse osmosis and interplant raw water conveyance line. In addition to the water supply and treatment issue, the City is now facing significant additional impacts in the area of the Regional Wastewater Treatment Plant (SCRWTDB). State and local agencies are lobbying for the abandonment of the ocean outfall as a means of effluent disposal, which will force the regional plant to construct new deep injection wells, and expand the reclaimed water system beyond previous plans, and at an accelerated rate. Impacts to the City of Boynton Beach are estimated at $15 million for the injection wells and increased reuse production, this has been added to the plan. An additional $16 million was included previously for an estimated 8 MGD reclaimed water system pipeline expansion, for the years 2007 through 2012. This schedule will likely have to be accelerated, and the scope of work may have to be expanded based upon mandates from regulatory agencies. Also as it relates to wastewater, renewal and replacement of the wastewater pipeline system will likely be S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM accelerated to correct any flow problems that exist. Identification of the problems is revealed through inflow and infiltration analysis (I & I), and problems are fixed through various methods, including lining of pipes, sealing manholes, excavation and replacement of same. PROGRAM IMPACT: The Utilities Department CIP depicts a plan to insure that the utility meets the current and future needs of our residents and customers. This means that the City will be able to meet water use demands for all customers and that the City will be able to properly treat and dispose of wastewater and treat and dispose of stormwater. The plan includes growth components and renewal and replacement components for each of the disciplines. Attachments include the ten (10) year plan, summary of expenditures, and a sources and uses statement. The attached summary of Utilities CIP depicts the anticipated expenditures by funding source, and by service (i.e. water, wastewater or stormwater). FISCAL IMPACT: For the six (6) year period from 2007 through 2012, the Utilities Funds will experience a shortfall of approximately $119.7 million. This shortfall may be mitigated by modifYing utilities rates, capital facilities charges, and a consideration of additional revenue bonds or loans. A rate study is currently under way, that will bring revenue and funding recommendations. This information will be forthcoming in February 2007. UTILITIES Department Name ALTERNAT\) . . ~~~V~ Departm....n Head's Signa e XC: Peter Mazzella (w/attachments) Barbara Conboy " Michael Low File S:\BULLETIN\FORMS\AGENDA HEM REQUEST FORM.DOC ~ Cl e 0: Q. l- I- Z Z W w :E :E w I- > 0: l- e <I: t/) 0: Q. ::; Q. 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'" w w .. 0 III w w '" " '" !!! ~ ~ '" ., ~'", in -0 ..., ..., 00 ..., N '" " N 00 .. 0 ~. ., '0 0 0'0 'N ~ N 0 0 , 00 " 0 .. !'J 0 0 00 '" 0 - '" '" thYtifl(R-tR '" ,;- N " "' 0 - - '" ~ '" '" '" N W 0 "? ., :.., '" ~ ;:; ..., ..., 0 0 '" 0 0 0 '" ., <:> <:> <:> ., ~ N 0 0 0 " ~ '" 0 0 0 '" '" '" (h {A {If {If En '" N <D 0 - ~ " ~ '" '" N N '" ~ ...., '", "w '" "? - N .. w w 0 0 '" N N 0 '" ~ ., <:> '0 <:> ., N N 0 0 0 N '" 0 0 0 !'J VI X -< mo >- ;u-i -< cmo -ic-n ;=Om ::jGlo _m-< m-i VI-oZ or--i _>0 -oZZ . . m oVlm 00> S:co m;uI zOc mm-i OVl;= >- z::j om VI C VI m VI - - -- ---- ------ \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI REPORT ITEM B. Requested City Corrnnission Date Final Form Must be Turned Requested City Cormnission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office r:8J December 5. 2006 November 20, 2006 (Noon.) D February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 Ma;ch 5, 2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) D April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations [g) City Manager's Report NATURE OF 0 Administrative D New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements D Unf"mished Business 0 Public Hearing 0 RECOMMENDA nON: Authorize the City Manager to enter into a lease, on behalf of the City, for off-site office space to be used for temporary housing of police department and code enforcement functions. EXPLANA nON: The police department is in need of additional office space as a result of the department outgrowing the present facility. A new facility is planned for construction in 2009; however, space needs have reached a critical level and an interim solution is necessary. The Director of Public Works and Engineering and the Chief of Police have searched for temporary office space that is available for lease. The following locations have been identified as adequate to meet PD's space needs on a temporary basis: 1425 Gateway Blvd - This is a new 28,000 square foot building that is currently unoccupied. The owners prefer a 10 year or longer lease. The lease rate is $16.00 psf"as is" with a CAM of$8.00 per square foot. The PD would seek to occupy a 5,000 to 7500 square foot portion of the building. If the owners provide a work letter in order to subdivide the space into offices the price would be $35.00 psf and the lease rate would increase to $20.00 psf plus CAM. This building would be suitable; however, subdivision of the space is required. The owners are willing to sell the entire building and the asking price is seven million dollars. Parking is adequate. 2500 Quantum Lakes Drive - TIlls is a 4,389 sf space that is currently being leased but not utilized. The owners are willing to release the current leasees and enter into a lease with the city for a 5 year term. The lease rate would be $16.00 psf subject to an annual increase of 3%. CAM charges would be $6.89 psf The owners would build a dividing wall at their expense and further subdivision of the space would be paid by the City. Temporary office walls would suffice for this purpose. Parking is adequate. S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 3200 South Congress Avenue - This is the old Skefington Furniture building which is expected to be purchased by new owners in the next several weeks. The new owners are interested in leasing the top floor which is approximately 14,000 square feet. The lease rate is $10.00 with no CAM. The second floor is divided into three store fronts (2 are approximately 3600 square feet and one is approximately 7200 square feet). Leasing the entire second floor would provide enough space for the department's entire Investigative Services Unit, Victim Advocate Unit and the Code Compliance Division which is currently operating from a prefab unit located next to the old high school. There has been no discussion regarding the term of the lease; however, 3 to 5 years minimum with an option is customary. Parking here is adequate and can be supplemented by use of the city owned lot located behind the tennis center which is across the street. PROGRAM IMPACT: Increase the operational efficiency ofthe police department and provide better public access to victim advocacy services. The additional space will facilitate a planned expansion of the Victim Advocate Unit and provide a walk-in capability. By moving the Investigative Services Unit from the current facility, the Uniformed Services Division (Patrol) will have additional space for roll call, daily training activities, equipment storage and administrative functions. FISCAL IMPACT: To be determined based on site selection. ALTERNATIVES: All d artmental functions remain in the current facility. City Manager's Signature Assistant to City Manager {)ftyv(/ Department Name City Attorney I Finance S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC Jeffrey R. Livergood, P.E. Director of Public Works & Engineering City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 November 14,2006 RE: Lease and Sale Options for the City of Boynton Beach Police Department and or Other departments as requested by the City. Dear Mr. Livergood: First:, I would like to thank you for meeting with me last week along with the Police Chief, Detectives and other City administrators regarding the office space requirement for the City of Boynton Beach. At your request I am summarizing the different options available to the City as they relate to the properties owned or partiaIJy owned by Quantum, principals Douglas MacDonald and Fiorenzo BresoJin. Purchase Option: 1425 Gateway can possibly be purchased. This is the approximate 28,000 square foot brand new Impact Glass, building on Gateway. The building is two stories with fully finished lobbies, bathrooms, power, and HV AC that is ready for distribution to offices built to suit. Ownership has an asking price of $250.00 psf or $7,000,000. Leasing Options: ]425 Gateway: The preference would be to triple net lease this building to the City on a long tenn lease. Long Tenn would be a minimum often years but a preference would be 15 or longer. Since the City has the capability Ofperfonning their Own work ownership would lease the space at $16.00 psfNNN "as is". When Ownership provides a work letter in this location it is estimated to be approximately $35.00 psf and the lease rate would be $20.00 psfNNN for leases of at least five (5) years. CAM is estimated to be approximately $8.00 psf plus utilities and cleaning. Ownership is less interested in a partial lease for space unless the City could show that the space will be utilized for offices only that would compliment other office space users in the market. We are currently working with two groups that would utilize approximately 50% of the building. If the whole building option is of interest to the City we need to begin conversations on the transaction immediately. 2500 Quantum Lakes Blvd. In this property space can be made available ranging from approximately 4,500 square feet to upwards of20,000 square feet. This building would offer the city Some flexibility in both when they acquire ~- - ......._ nm . -"""'foIaIoUlllJ INDIVIDUAL MEMBERSHIPS 1555 Palm Beach Lakes Blvd. Suite 4]4 West Palm Beach, FL 3340] 561-478-6400 FAX 561-478-9059 Michaelia2falk'Uldcomnanv.colll November 14,2006 Page 2 of2 the space and for what Ica'ic tcnn. Ownership would not contemplate less than a 3 year term on an "as is" basis. For ownership to provide work lease terms would need to be at least 5 years. Rental rates in this property would start at $15.50 psfNNN on an "as is" basis and then range from $16.00 psfNNN to $18.00 psfNNN depending on length of term and what improvements the city requires_ CAM at this location is estimated to be $8.00 psf for 2007 not including utilities and cleaning. Please let us know what interest level you have as soon as possible. We arc currently working with two users that will be locating in the 2500 building and could have an affect on which space we can put you in. Sincerely, /;!~4{/W~- Michael A Falk CCIM SIOR Broker Cc: Douglass MacDonald Fiorenzo Bresolin Frank Briganti Al DeMarco ...~(g:.. C) l J A. N T LJ 1\;1 ~~ Novemher 77, 1006 Clly of Boynton BClleh Policc' Department lOO East Boynton Beach Blvd. Boynton Beach. FL 33425 Attention: Major Wendy Ungt'!" Dear Major Unger. R~:_"".eJls~.fl'Q~~.!~J..!l.!:!.er- 1!!!!3 :.~50!l Quallt!!!!.l Lakes Drive.J3ol1ltoll c!kl!Slh.E.L It IVa." a pleasure meeting with you and Sgt. Paul Shcra<km today. As discn$scd, whereas we have be"ll marketing" and have obtained -letters of in teres I for the .space located at the above captioned address, comprising. 4389 sf. in speaking with my partner. Douglas MacDonald, we feci that the appropriate dc'Ctsion would be to extend the option to lease this space to your department In this regard. whereas IVe have yet to receive a response fTom 1\1r. Jeffrey R. Uvergo(~l. P.E.. to our r<'Presentative. Fall: and Associate's h:tler dated November 6"'. 2006. we arc nonetheless prepared to enter into ;J: Lease Agreement \vlth the ('ily ('lI'Boynton 13each upon the ji.l1owillg ternlS and conditions: 1 ElL',!: Five (5) years. In fhis regard, We ar~ prepared w reicase the remm! II)lI(\w1ng the third year of the lea~e leon upon wriacn notice six nlonth:" prior t(i th\'.' intended date nf vacating the dCInised premises. COi.,.IMENCEMENT DATE: January I'.', }IJ07 BASE RENT: Sixteen ($16.00) DoJ]ars per square f(-.c.t per annum. paId monthfy ilnd subject to atlllual increases \)fThree (3%) percent. together WIth any and all applicable taxes. ('AM CHARGES: $6.89 psf. per annum, pard monthly ilnd sub)ecl to ,umual adjustllJcllb lt1gether with an) ami all appllcabJe t:Lxes \1<11\'; \Vendy tJn[J.t.:l ~;{l'\'('mhcr Y7. 200h PJgl'1\\'1 \V,,' ",hal1 n:qtlln: that :1':(' (l!; y. l,(':unt. t.~llICr ll1W l!'lt. i ;J!liJh1rd'\', z,1::l!1\bnl hn'l1'l Nl~l i,t.:;P'l' AgrC:l..IHC11L ;tcnpy \,1 'xlwJ'1 .;;kdJ 1\( pn)\.tdcd j'or !':\'!CW UP(lrJ tICl.:Cptam:c Oltll1::" Icut:r pn'fhl;;al \Vi: understand that a (k~mlslng w,;:dl ..:'olllpnsl:d or dryvnlH I'; r(~quested LInd we \vill be pleased In rnc'cl to spee,t;,all, whal aE'a yo" '.11,,1, lhal thrs "all he creel'" In thl;~ r(~gaf(L the costS ~\r VU!1s.1rw.:Up!; Vdl!.1id he in..:urrcd hy u',;, a:, landlord, and would ''''1um: ,he 1("1:1111 10 (llClU the ">,,,l:; "",,,cliltcd WIll, "I'd". pbnlll11g CUll! applicahle pcnn;1 !i.:l'>~, If an\ \Vc ....xmfinn that any ~ll:ceptan('e '.If thJ:~ prop~balls :\uhJC<.:l h' CormnlYSlOn approval \Nlth it heanng dale scheduled ti)rTlle~day. December 511'. 20tJ6 and (:onfinl1 hlT'thcr that th(' ::ubJect pn:mist:s, albeit \'3(:301. un: presently Ic.~ascd arKl shall requiTe a rdeast' of the :;.ame from suc.h tenant :1 matte! \vhid1 \ve shall pur~ue irnnH::diately following CommissIon approval. In this fr.:':g;.:lrd, pkuf:\\/ note that thi~ propo:;al It. lease \\';11 no longer be a'..'ailabl~, for ac~cptance ibnowing the scheduh:;d Commission mcetll1g IHHCd above.. dt \vhien 11mc. \\'e ;,;haH he fn.~t~ \0 enter mto su-ch ~)ther prop(tsals with thud parties a'5 Vie: deem fit \Ve tnnd thal (he aforenlcniinOe'J llu.:ets with your appnn'al and look fl)fv/ard to rCl:cinng \'(\ur FHHl"il/O 'lh C.C !)(luglas ~.1acDcHlald FOR SALE OR LEASE 3200 South Congress Avenue Boynton Beach Fl. . LOCATION: Just West of 1-95 Soutb of W oolbrigbt Rd . ZONED: Commercial ligbt industrial. . SIZE: First floor 85'x22' First Floor 85'x44' Second Floor 85'x85' $12.50 NNN sq. ft. (Reduced to $10.00 sq. ft. ) . LEASE RATE: . COMMENTS: Located in the fastest growing area of west Boynton. Quality and weD maintained Building. Owner will consider a sale with lease back Real Services FOR INFORMATION CONTAcr ALEXANDER "AL"DE MARCO COMMERC1AL/~ ASSOCIATE i!6J-732-67l19-BVBNING II 901 N. CONGREsS AVE, STll-.B-I02, BOYN1'(JN BaAca. FL. 33426 PH .561-7364070 BXT. 107 FAX-i!61-736-t_ HOMEFAX-i!61 t 131- 515' Nowuriatyorl4-0 ~...;-- ~orialp1iild........to1he~of"'IJa8"".),.~CIOiIIlainod"""aod....iI:...bjccttoerrors. ~ ~ofprkle. nsal Of'<iIher~ wiIh*-lIIwilboul~ ...dto eyspeciallilltWJg.coacl:itiabi; impc:wtedbyourprincipat$. [x. - CITY MANAGER'S R.EPORT ITEM C 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 Meetiol!Dates in to City Clerk's Office Meetin2Dates in to City Clerk's Office [g) December 5. 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18. 2006 (Noon) 0 March 6. 2007 February 20, 2007 (Noon) 0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 Jan~ary 16,2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations [g) City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Assembly Review implementation outline, recommendation and schedule for Boynton Beach EXPLANATION: The "BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE" was held on October 20 and 21, 2006 at Hutchinson Island Marriott Beach Resort, Hutchinson Island, Florida and engaged over 70 citizens on the framework of a multi-year strategic plan for Boynton Beach. This effort was a sequel to the "Visions 20/20" effort in 1996. The 2006 project was to establish a work plan of key issues in the following topic areas: Community Relations/Governance Infrastructure Economic DevelopmentlNeighborhood Revitalization Education and Community SelVices The attached report is the complete recommendation with suggested implementation procedures for each of the four main topic areas. The recommendations are in highlighted text. PROGRAM IMPACT: Implementation of the Boynton Beach Assembly will have a profound impact on the scope and nature of City programs for the next three to five years. FISCAL IMPACT: Three full-time positions have been recommended by the Assembly (economic development professional. urban planner with emphasis on traffic and transportation and an education liaison position). Induding staff support and office space, the total cost of the three positions will be in the neighborhood of $200,000. No funds have been budgeted in 2006-07. A supplemental appropriation will be required for approval by the City Commission. if the positions are deemed appropriate and necessary for the completion of the objectives stated in e Assembly Document. s Signature neral resource document. . Do not implement the Assembly recommendations an City Manager's S lure 0~ mer~ Department Name Assistant to City Manager ~ City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC POLICY STATEMENT THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE October 20 and 21, 2006 Hutchinson Island Marriott Beach Resort Hutchinson Island, Florida Implementation Outline Document - Initial Draft December 2006 Sponsored by The City of Boynton Beach with financial assistance from The Palm Beach County Board of County Commissioners The Boynton Beach Community Redevelopment Agency Compson and Associates Coordinated by The John Scott Dailey Florida Institute of Government at Florida Atlantic University 777 Glades Road Bldg. 44, Room SO 277 Boca Raton, FL 33431 POLICY STATEMENT THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE At the close of their discussion, the participants of this assembly reviewed and adopted as a group the following statement. The statement represents general agreement. However, no one was asked to sign it. Furthermore, it should not be assumed that every participant subscribes to every recommendation. I. INTRODUCTION A. This report is from the Boynton Beach Assembly: Committing to Our Future, which was held at Hutchinson Island on October 20-21, 2006. Approximately 70 people participated. The assembly's purpose was to establish a shared vision for the future of Boynton Beach and policy recommendations for moving the City toward that goal. B. Impetus for the assembly came from the City Commission. Financial support was provided by the City Commission, the Palm Beach County Board of County Commissioners, the Boynton Beach Community Redevelopment Agency, and Compson and Associates. C. The assembly was planned by a Steering Committee of nine members with diverse backgrounds and interests. The Steering Committee identified the interests to be invited, selected the groups and individuals to represent those interests, wrote the questions to be addressed, and reviewed the assembly background paper. The assembly was facilitated by the John Scott Dailey Florida Institute of Government at Florida Atlantic University. 1 D. The Steering Committee selected assembly participants to reflect many aspects of Boynton Beach, including geography, business, government, civic groups, religion, minorities, retirees, youth, the environment, education, and others. The questions addressed at the assembly included community relations and governance; economic development and neighborhood revitalization; infrastructure; education and community services; and procedures for follow-up and implementation. E. An earlier assembly in 1996, Boynton Vision 20/20, laid the foundation for the present discussion. Vision 20/20 led to many positive initiatives and achievements. Among other accomplishments, a Community Redevelopment Agency was established; voters adopted term limits for City Commissioners; neighborhood associations were formed or reinvigorated; more mixed-use development was encouraged; and police, fire protection, youth programs, and neighborhood services were enhanced. F. The Boynton Beach Assembly: Committing to Our Future reflects the ongoing efforts of Boynton's political and community leaders to maintain and enhance the City's quality of life. The citizenry is committed to sustained involvement in City politics, planning, and action. Implementation Suggestion: An Implementation Team made up of the Mayor, City Manager and five other individuals, selected by the City Commission should present bi-annual progress reports to the City Commission and the community. 2 II. COMMUNITY RELA TIONS/GOVERNANCE A. Boynton Beach has the potential to become a true gem of Palm Beach County, but to do so the citizenry and its leaders must foster a sense of community and common purpose, unite on critical issues, and marshal their resources to take advantage of the City's strengths and address its weaknesses. Implementation Suggestion: Implementation Team should identify these through follow-up SWOT (Strength, Weaknesses, Opportunities and Threats analysis) or similar facilitated process. Timing of the SWOT analysis (facilitated process) should be within one year of the Assembly. B. The City would like to overcome any perceived divisions: geographically, economically, age-wise, and ethnically and racially. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission. Partners include United Way, Boynton Beach Community Relations Board, Toward a More Perfect Union and faith-based community. C. To a degree, such divisions are inevitable in a large, diverse, South Florida city, but in Boynton Beach they are exacerbated by the fact that single-member districts for City Commissioners may foster parochialism among Commissioners and citizens alike. City Commissioners try to represent the whole City, but they are inevitably focused on the districts from which they are elected. Their constituents often tend to follow suit because, for good reasons, citizens are encouraged to take their issues to the commissioner from their district. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission with suggestions for re-structuring staff reports to the Commission to minimize Commission district perspectives. Establishment of staff ombudsman is recommended. This position should function under direction of City Manager's office to assist Commission with constituent issues and concerns. In addition, a follow-up Commission retreat with facilitation is recommended to assist Commission in identifying community- wide issues and concerns while also dealing with district-based matters. This retreat should take place after the November 2007 election. 3 D. To promote a sense of community and common purpose, the Assembly participants recommend that the following be explored. 1. Consider changing the system of governance. Single-member districts are important for minority representation, and they should be retained. Commissioners need to be more responsive to all areas of the City, not only to their respective districts. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission. See response to item "c" above. 2. Encourage the most qualified individuals to seek election to the Commission, and allow the Commissioners to devote the time necessary to properly carry out their duties, by raising the salaries of the Commissioners and Mayor. Implementation Suggestion: Implementation Team should present report to the City Commission by May 2007 on recommended salary changes. This can be in the form of comparative research on salaries and expenses of elected officials prepared by the City Attorney's Office and Finance Department. Efforts should be made to enact any changes in time for the November 2007 City elections, if possible. 3. Create spaces, events, and forums for collaboration and interaction. a. Boynton Beach is a "city of varied cultures." Continue to hold and expand upon events that celebrate this diversity. b. Boynton Beach has competing centers scattered around the City. The City should identify and promote particular areas as the city-center, the cultural center, and so on. c. Establish a booster club for Boynton Beach High School. d. Hold a signature event that highlights the City's character and successes. 4 Implementation Suggestion: Consider establishment of a Community Events Commission as a citizen-based organization to guide development and timing of special events that are inclusive and representative of the multi-cultural heritage of Boynton Beach. Currently, the development of special events is scattered among staff and some citizen volunteers. If the City is to restore a signature event, it is recommended that a Community Events Commission be established to identify venues, find resources and provide overall leadership for the events. The Town Square Plan, as approved by the City Commission needs to be reviewed and a policy determination made as to an implementation strategy. This includes providing a funding stream for public buildings in the Town Square area. Partnership with the CRA, the Cultural Centre and non-profit organizations proposing to use the Town Square is advised. Recommend a Town Square Steering Committee be established by the City Commission to guide the implementation if the City Commission opts to move this plan forward. The Booster Club for Boynton Beach High School has been formulated as a not- for-profit organization. This work has been performed by a partnership of Mayor Taylor and former Mayor Gene Moore. The membership and activities of the Booster Club needs to be established. 4. Take the City to the community. Encourage Commissioners and other City officials to attend community meetings to inform citizens of City goals and other news. Implementation Suggestion: One aspect of this was attempted in 2001 in the form of City Commission meetings on the road. The effort was without significant success. The idea of City Commissioners and officials to attend community meetings has not been done in a coordinated matter. This outreach effort will be coordinated by the Assistant City Manager. The Assistant to the City Manager, Neighborhood Services Director and Community Affairs Director would assist. Initial effort would be on establishing a schedule and location of meetings. 5. Promote cohesion within the City government. a. Hold semi-annual goal-setting and brainstorming sessions. b. Establish clear goals and objectives for advisory boards, and hold them accountable. c. Establish a training program for advisory board members to give them a city-wide perspective. 5 Implementation Suggestion: A Commission retreat is recommended after the November 2007 elections. The goals and objectives for advisory boards should be developed by the City Commission. The basic mission of each advisory board should be reviewed by the City Commission to determine if there is overlap in duties of advisory boards or there are gaps. Two possible gaps include: advising the City Commission on traffic and transportation needs, problems or solutions and advising the City Commission on community events and festivals. Staff can conduct the initial review of the advisory boards and provide an outline for action by May 2007. 6. Augment the City's public information activities. a. Publish information about City decision-making processes. b. Establish a central call center to notify citizens of upcoming meetings, openings on advisory boards, etc. c. Convey information through faith-based institutions. d. Publicize, translate, and broaden the distribution of the City Services Guide. Implementation Suggestion: Work is underway to meld the City's cable TV, print, voice and web information under one basic platform. Currently, this is a staff function. The City now has a full-time public affairs position that is augmented by the public information officers of the police and fire departments. A status report on this effort can be provided to the City Commission in February 2007. 6 III. ECONOMIC DEVELOPMENTINEIGHBORHOOD REVITALIZATION A. The City must continue to attract a mix of high-value industrial, commercial, and residential development that will strengthen the tax base and generate good jobs for residents without adversely affecting the City's neighborhoods and community character. Implementation Suggestion: The amendments to the City's Land Development Regulations (LDR's) will go a long-way to assist in this goal. This work is underway and is to be completed in calendar 2007. The developments on the board and under construction will fulfill this goal. However, the current housing market downturn may present an opportunity to work with the development community, Business Development Board, CRA and others to re-position some property to appropriate non-residential uses. If this is a desired objective, the City and the CRA should meet to discuss opportunities. This meeting should take place in the first quarter of 2007, as there is only an f8-month window at the most to re-position some properties. B. Based on former successes, the City should continue to 1. Focus on distinct geographical areas and community assets; 2. Be persistent; and 3. Coordinate or partner with private developers. Implementation Suggestion: See above. C. Economic development activities within the City administration should be elevated and reorganized, as follows: 1. Hire an Economic Development Director and staff and develop an economic development program. 2. Consider seeking cost-sharing for this office from outside entities. 3. Assign this office responsibility for: a. Identifying the types of businesses and industries that Boynton should try to attract. 7 b. Breaking the City into zones or quadrants, and tailoring economic development strategies to each zone. c. Working with the Business Development Board of Palm Beach County, the CRA, and others to identify and/or develop incentives for businesses to locate in Boynton Beach. d. Developing incentives and support services to help businesses stay in Boynton Beach. e. Encouraging the development of and serving as liaison with multiple merchant associations throughout the City. Implementation Suggestion: See above. Development of an Economic Development program can be prepared and presented to the City Commission. Options include: stand-alone program, partnership program with the CRA or Chamber of Commerce, contracted program with the Business Development Board or Palm Beach County. This is a non-budgeted position for FY 2006-07. If the program is to start in 2006-07, funds will have to be appropriated by the City Commission. D. The City's political and administrative leadership should identify and take advantage of key land uses and other assets. Consideration should be given to: 1. Preserving and marketing the industrial land in the Boynton Beach. 2. Leveraging the value of the 600 feet of waterfront property to include revenue- generating boat slips in Intracoastal Park. 3. Creating an attraction to draw consumers to the downtown. Implementation Suggestion: Work on items #2 and #3 is being completed by the CRA. The CRA should provide the City Commission with an outline and time-line for their efforts. With respect to #1, there is not much industrial land left. With respect to #1, a policy statement from the City Commission affirming the fact that industrial land should be preserved and if re-zoned, replaced. As noted above, the current down-turn in residential construction should be used as planning time for these improvements and policy changes. 8 E. While focusing on particular assets and targets of opportunity, the City should take steps to improve the community's overall appearance and safety. 1. To promote safety: a. Improve infrastructure and expand street lighting to all intersections, hazardous locations, and to high crime areas identified by the Police Department. b. Encourage community involvement in neighborhood refurbishment to promote community pride. c. Develop a tactical plan to focus and coordinate police and code enforcement on locations and businesses that attract or contribute to crime. These crime nodes might include liquor stores, abandoned properties, etc. Implementation Suggestion: This is a staff function with a report on progress to the City Commission. Item "a" can be accomplished by a correlation of high-crime areas over the past five years with correction of site or location deficiencies. This can include lighting, landscape improvements or it may require more invasive measures including nuisance abatement procedures for private property. The methodology exists to identify, analyze and make suggestions for improvements to the areas. This is being done by the Police Department now in their review of new developments. The same methodology can be deployed with specific sites. Item "b" is a focused effort that can be administered by the Neighborhood Service Department with assistance of Public Affairs, Code Compliance and Public Works. Item "c" is a Police and Code Compliance Department function with assistance from Occupational Licensing and the City Attorney. Current deficiencies in the software program that Code Compliance uses are being analyzed now to improve staff efficiency with follow-up of problem properties. 9 2. To improve appearance: a. Improve and maintain the City's streetscapes. Lobby the County to assume responsibility for funding streetscaping of all of the county roads in the City. b. Encourage outside agencies and corporations (FPL, Bell South, Palm Tran, etc.) to complete repairs and clean up their debris. c. Improve bus stops. d. Provide more trash containers. e. Continue providing grants for homeowners to improve their property. f. Enforce cleanup of construction sites. Implementation Suggestion: This is work that will require assistance of some outside agencies as follows: Item "a" will likely require the direct assistance of the Palm Beach County League of Cities to address a financial disparity that may exist. Residents in Boynton Beach pay the County's Gas Tax. There may be a basis for a review of funding of median maintenance on County roads in the City. By example, Boynton Beach Boulevard, Hypoluxo, Woolbright, and portions of Congress and Gateway are County roads. Item "b" is a staff function that can be accomplished by establishing a "punch- list" of damaged facilities with follow-up directly to the affected agencies. This punch-list can be completed by March 2007. Item "c" involves review of the current contract the City has with Boynton Transit. Staff will inventory the bus stops currently maintained by Boynton Transit. In addition, there are a number of stops in the City owned and operated by Palm Tran. This is a good intern project. F. Affordable housing is important to economic development, but the high cost of housing is a nationwide problem. While recognizing that there are limits to what Boynton Beach can do to reduce housing costs locally, the City should: 1. Develop and present available options to increase the availability of affordable housing in Boynton Beach; 10 2. Offer incentives to developers for building affordable housing; and 3. Coordinate with state and county affordable-housing agencies. Implementation Suggestion: City and CRA staff should collaborate and present a housing strategy program that includes cooperation with the County on their land use regulations, review establishment of a housing trust program, continued use of SHIP, CDBG and housing tax credits to partner with the private sector, faith- based organizations, Palm Beach Housing Authority and other qualified non- profit organizations for development of affordable housing. Much planning work has been completed including a local housing assessment study for the City via the Metropolitan Institute of Florida International University. A community-based steering committee to help guide policy recommendations to the City Commission and the CRA is a possible option to augment staff work. The housing "package" should be prepared and presented to the CRA and City Commission by May 2007. 11 IV. INFRASTRUCTURE A. Boynton Beach, like many other older municipalities in South Florida, faces a dual challenge: repairing or replacing aging infrastructure that is decaying, outdated, or inadequate to keep up with the demands of a growing population and providing services and facilities for new residential and commercial development. Planning efforts, funding, and human resources must be carefully balanced if the City is to succeed on both fronts. Inform the public that the City's infrastructure is aging and significant investments will soon be needed. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission. This report should include an Infrastructure component. See below for specific recommendations. B. Water. In general, Boynton Beach is doing a very good job in dealing with water issues. The City is addressing potable water demands to assure that the City has adequate supplies through 2025. However, the City does face two issues involving wastewater treatment and disposal that must eventually be resolved. 1. Boynton Beach will eventually be prohibited from pumping wastewater offshore at the present location. Boynton Beach and Deiray Beach must work together to find alternatives to ocean outfall from the communities' wastewater treatment plant. The two cities' wastewater will either have to be pumped further out from shore, injected into deep wells, reused, or a combination thereof. All options will be expensive. 2. The South Florida Water Management District, as part of the City's water consumptive use permit, is calling on Boynton Beach to increase wastewater reuse for irrigation. This requirement is not unique to Boynton Beach. The 12 main expense here is for the pipes to distribute the recycled water and to provide storage facilities for the recycled water until it can be used for non- potable purposes. Implementation Suggestion: City staff is working on this issue already. It will require enhanced use of recycled water in the City. As part of the Utility Capital Improvement Plan, staff will need to establish cost of regional treatment plant upgrades mandated by the DEP (shared with the City of Delray Beach), increased and expanded use of recycled water (City cost) and improved stability of the City's sanitary sewer collection system by reducing intrusion of ground water into the sanitary sewer system. Finally, like the water system analysis completed in 2006, future use and needs assumptions for the wastewater system need to be reviewed against the 2006 FlU population study. It is expected staff will have the initial report on these infrastructure improvements by February or March 2007. Minimally, the additional cost of infrastructure improvements will be $15 M. Interestingly, this is a recent development that was effectively captured as a priority in the Assembly process. C. Roads. The majority of roads leading into and within the limits of Boynton Beach fall under the jurisdiction of the State of Florida and Palm Beach County. The City's Division of Roads and Streets is responsible for asphalt and concrete restoration, street sweeping, bridge restoration and guardrails, filling potholes, repairing road edges, and replacing street signs. 1. The City should hire an urban planner with expertise in transportation, parking, intermodal transfers, and the like. A person with these skills is needed to study and document transportation issues in Boynton Beach, and to negotiate with state agencies, the County, and other municipalities. 2. The City's plans should assure adequate capital funding for maintenance of pavements, sidewalks, streetlights, and landscaping. The streetscape program needs to be expanded to support the economic-development requirements discussed above. 13 3. When City-maintained roads are reconstructed, community involvement should be solicited so that the work considers community needs and preferences. 4. Collector roads should be the priority. 5. The City should work with Palm Beach County to optimize traffic signal timing coordination. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission. As part of this effort, it is recommended that the City Commission consider the establishment of a Parking and Trafficflransportation Advisory Board that would assist the City in long-range planning of traffic, roadway and transportation improvements or modifications. Staffing of such a Board should include the urban planner mentioned in the Assembly recommendation. This is a non-budgeted position for FY 2006-07. If the program is to start in 2006-07, funds will have to be appropriated by the City Commission. Finally, a Parking and Trafficflransportation Advisory Board could be used to review particularly difficult or traffic intensive developments, assist in the transit oriented development project planned for the Tri-Rail station (Gateway and High Ridge) and provide citizen engagement in the FEC RR corridor study. D. Public TransDortation. Palm Tran, Tri-Rail, and other public transportation services are a valuable resource for those seeking an alternative to driving or who do not have access to an automobile. 1. The City should encourage Palm Tran to consider adding an east-west connection on Boynton Beach Boulevard from State Road 7 to the beaches. It could be partially self-supporting through fees from riders. 2. Consideration should be given to expanding the trolley system, which is currently supported by the CRA. The City should explore the possibility of partnering with the CRA to expand the service. 3. Expand the Shopper Hopper and publicize its connections. 4. Establish a municipal parking authority and create parking facilities that satisfy local parking demand and function as transportation hubs. 14 5. Support a dedicated funding source for regional transit. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission. See recommendation above for advisory board. In addition, City and CRA staff need to collaborate on localized transit (trolley services that augment the Palm Tran and Tri-Rail services. E. Parks and Recreation. Well-maintained and conveniently located parks and recreational facilities make a significant contribution to the quality of life within a city. 1. The City does a very good job of maintaining its existing parks and recreational facilities. The current advisory board is functioning well, and the staff are competent and proactive. 2. Community involvement can be encouraged by holding functions and public meetings in Boynton Beach parks. 3. The City should study the feasibility of a beach and parks assessment. 4. Expand the greenway system and its connectivity. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission. The Recreation and Parks AdviSOry Board should be specifically tasked with making a recommendation to the City Commission on items 2, 3 and 4 above. IS V. EDUCATION AND COMMUNITY SERVICES A. The quality of local schools and other educational facilities and services is an important consideration in where people choose to work and live. This means that schools have a major impact on economic development. 1. Communication between the City and the school district needs to be improved. The City Commission should meet with the School Board of Palm Beach County on a regular basis and make it a priority to work on improving the reputation, quality, and facilities of public schools in Boynton Beach. Consideration should also be given to establishing a City position to serve as a liaison between the City Commission and the School Board of Palm Beach County. 2. All sectors of the community should re-evaluate their level of support of and commitment to the schools within the City. 3. The disparity between the enrollments of Boynton Beach High School and Park Vista High School will be addressed next year by adjusting school boundaries. The Boynton Beach community needs to start speaking out now about its interest in this decision. 4. The quality of translation services for children who speak English as a second language needs to be addressed. 5. Encourage the Greater Boynton Beach Chamber of Commerce increase its involvement in all grade levels in the City's schools. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission. The duties of the recently combined Youth and Education Advisory Board need to be revisited to better mesh with the specific Assembly recommendations. The City should budget for a staff person specifically to work with the school district on City-School issues, work with the private, parochial and charter schools on matters of mutual interest. Finally, the City should convene a twice a year "principals' forum" to meet with the Mayor, 16 key administrative City leadership and police personnel to address issues in a pro-active way. As with the economic development staff, funds have not been budgeted in 2006-07 for a full-time educational liaison position. If this position is to be filled in 2006-07, funds will have to be appropriated by the City Commission. An outline and plan of action should be presented to the City Commission by June 2007. B. Informed involvement by parents and other stakeholders can spur improvements in school performance and student achievement. Moreover, the City, through its Office of Public Affairs, should include information about Boynton Beach schools in its community newsletter and other public communications. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission. The City's Public Affairs Director can accomplish this task as part of his/her normal duties. C. The City should increase recreational programs for children by: 1. Creating a Youth Center to draw children from the streets and involve them in constructive activities; 2. Trying to attract a Boys and Girls Club to Boynton Beach; and 3. Seeking funding for before- and after-school care, camp programs, and programs for the handicapped. 4. The City Commission should create a task force with representation including but not limited to the City Commission, Police Department, Recreation and Parks, Youth and Education Advisory Board, the School Board of Palm Beach County, a teacher, and the head of the Boynton Beach High School Student Government to study, evaluate, and implement procedures to reduce drop-out rates, crime, and delinquency. Implementation Suggestion: Implementation Team should present bi-annual progress report to the City Commission. There should be exploratory talks between the Recreation and Parks Advisory Board and the Youth and Education Advisory Board regarding items 1, 3 and 4. A preliminary report should be prepared and presented to the City Commission by the combined boards by June 2007. 17 VI. FOLLOW-UP AND IMPLEMENTATION A. Progress in implementing the recommendations from this assembly should be monitored, and the findings should be reported to the participants at regular intervals. B. Within 60 days, the City Commission should draft an implementation plan that breaks out action steps, assigns responsibilities to appropriate parties (including the appropriate advisory boards), and establishes reporting requirements and timeframes. C. The City Commission should establish an advisory committee to oversee the plan's implementation and prepare reports for distribution to the Commission and the assembly participants. Implementation Suggestion: Implementation Team made up of the Mayor, City Manager and five other individuals, selected by the City Commission should present bi-annual progress reports to the City Commission and the community. 18 THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE October 20 and 21, 2006 Hutchinson Island Marriott Beach Resort Hutchinson Island, Florida ATTENDEES Beverly Agee Member, Boynton Beach Bldg. Board of Adjustments and Appeals Cheryl Arflin Member, Arts Commission Advisory Board Matthew Barnes William Bingham Chief, Fire Rescue, City of Boynton Beach James Bogert Vice President, Palm Beach Leisureville Community Association Kurt Bressner City Manager, City of Boynton Beach Lisa Bright Executive Director, Boynton Beach CRA Buck Buchanan Greater Boynton Chamber of Commerce Angela Budano Member, Arts Commission Advisory Board Nancy Chandler Systems Manager, School District of Palm Beach County/INCA Lance Chaney Reverend, St. John's Missionary Baptist Church Devon Coughlan Board President Elect Greater Boynton Chamber of Commerce Sander Cowen Hunter's Run Eleanor Daly Registered Nurse AI DeMarco Realtor Ralph Diaz Real Estate & Mortgage Broker Brian Edwards Senior Vice President of Resource Development, United Way of Palm Beach County Bob Ensler Commissioner, City of Boynton Beach Scarlett Fave Social Services Coordinator, Caridad Center Mike Ferguson Commissioner, City of Boynton Beach Larry Finkelstein President, Lamar Realty Corp. David Floering Eastern Auto Body and Glass 19 Christiane Francois Vice President, The Greater Boynton Beach Sister Cities Committee, Inc. Reverend Randall Gill Minister, First Presbyterian Church Joe Green Founder and Principal Delray-Boynton Academy Patti Hammer Member, Boynton Beach Recreation & Parks Board Dale Hatch Owner, Ace Hardware Reverend Woodrow Hay Minister, St. John Missionary Baptist Church Jeanne Heavilin Board Member, Boynton Beach CRA Robert Hill President, Bethesda Memorial Hospital Edward Hillery, Jr. Director of Public Safety , Town of Ocean Ridge Marie Horenburger Board Member, Boynton Beach CRA Ward Houston President, Boynton Beach Leisureville Community Association G. Matthew Immler Chief of Police, City of Boynton Beach Shirley Jaskiewicz Member, Boynton Beach Planning and Development Board Jack Lynch Board President, Nautica HOA Glenn Jergensen President, Greater Boynton Chamber of Commerce Robert Kanjian School Board Member-Elect, District 4, School Board of Palm Beach County Barbara Katz President, Coalition of Boynton West Residential Assn. David Katz Former City Commissioner Jayne Kupperman Community Relations Coordinator School District of Palm Beach County James Kurtzman Treasurer, Temple Beth Kodesh Larry Lederhandler Treasurer, Local 1891 Firefighters Union Carisse LeJeune Assistant to the City Manager, City of Boynton Beach Barbara Lentz President, Art Sea Living Frank Lindsay Vice President, Board of Governors Colonial Club Condominium Association Jeffrey Livergood Director of Public Works and Engineering City of Boynton Beach Terry Lonergan President, Meadows 300 POA Carol Lundquist Jose Rodriguez Commissioner Elect, City of Boynton Beach 20 Carl McKoy Vice Mayor, City of Boynton Beach Martha Meeks Light Gene Moore Attorney Roberto Moreno President, Citrus Glen HOA Dan Morrison Palm Beach Leisureville Comm. Assn. Steve Myott Board Member, Boynton Beach CRA Stormet Norem Vice Chair, Boynton Beach CRA Suzanne Novita Quetel Osterval President, UTEL, Inc., Diane Pacheco Director, Development & Program Compliance, Palm Beach County Literacy Coalition Lena Rahming Center Director, Head StartlBoynton Child Care Barbara Rudd Vice President Intown Partners, LLC Michael Rumpf Director, Planning and Zoning, City of Boynton Beach Elayne Russell Board Member, In The Pines, Inc Sister Lorraine Ryan Coordinator, Women's Circle, Inc., Guarn Sims Board Member, Boynton Beach CRA Jerry Taylor Mayor, City of Boynton Beach Henderson Tillman Chair, Boynton Beach CRA Stephen Waldman Chair, Boynton Beach Education and Youth Advisory Board 21 THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE STEERING COMMITTEE Beverly Agee Board Member Boynton Beach Building Board of Adjustment and Appeals Lisa Bright Executive Director Boynton Beach Community Redevelopment Agency Larry Finkelstein President, Lamar Realty Corporation Patti Hammer Board Member Boynton Beach Recreation & Parks Board Former City Commissioner Shirley Jaskiewicz Board Member, Boynton Beach Planning and Development Board, and City Commissioner, 1995 - 1999 Glenn Jergensen President/CEO Greater Boynton Beach Chamber of Commerce Former City Commissioner David Katz City Commissioner, 1993 - 1995 Dr. Martha Meeks Light Diane Pacheco Director, Development & Program Compliance Palm Beach County Literacy Coalition S:\City Mgr\A.dministration\AMERICAN ASSEMBLY 2006\BBAssemblyPolicyStatementlmplementationMaster,doc 22 2. To improve appearance: a. Improve and maintain the City's streetscapes. Lobby the County to assume responsibility for funding streetscaping of all of the county roads in the City. b. Encourage outside agencies and corporations (FPL, Bell South, Palm Tran, etc.) to complete repairs and clean up their debris. c. Improve bus stops. d. Provide more trash containers. e. Continue providing grants for homeowners to improve their property. f. Enforce cleanup of construction sites. Implementation Suggestion: This is work that will require assistance of some outside agencies as follows: ~ G7>~ Item "a" will likely require the direct ass is nc'J of the Palm Beach County League of Cities to address a financial disparity that may exist Taxpayers in Boynton Beach pay iut\) the County's G . If all,. "vltlom" ur the !Redian maiRten81.G.e iI. tha HfI iA89FpOpsatl:l)d areas are p~id we", thia D()HF887Jhere may be a basis for a review of funding of median maintenance on County roads in the City. By example, Boynton Beach Boulevard, Hypoluxo, Woolbright, and portions of Congress and Gateway are County roads. Item "b" is a staff function that can be accomplished by establishing a "punch- list" of damaged facilities with follow-up directly to the affected agencies. This punch-list can be completed by March 2007. Item "c" involves review of the current contract the City has with Boynton Transit. Staff will inventory the bus stops currently maintained by Boynton Transit. In addition, there are a number of stops in the City owned and operated by Palm Tran. This is a good intern project. Q(}~ F. . r;f}- 'G 'V. Affordable housing is important to economic development, but the high cost of housing is a nationwide problem. While recognizing that there are limits to what Boynton Beach can do to reduce housing costs locally, the City should: 10 ,~(' ~ IX. - CITY MANAbl:'" ~ REPORT ITEM 0 cn" OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be lurned Requested Cit)' commission Date Final Fonn Must be Turned Requested Cit)' commission in to Ci~ Clerk's: Offi~ !ILto GiN Clerk's Offi~ Meetin2 Dat~ Meeting: Dates .~ 0 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 2oo~oon) December 5, 2006 0 December \8, 2006 (Noon) 0 Marcb 6, 2007 February 20, 2007 (Noon) January 2, 2007 0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 March 19, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Review and set priorities for 2007 state appropriation priorities. EXPLANATION: Staff has received word from our legislative delegation that appropriation requests should be forwarded to members (one house and one senate) of any project for which we may be seeking state funding. This can be in the form of specific agency funding or a special appropriation. Staff has assembled a list of projects that we would appreciate City Commission review and establish legislative appropriation priorities. PROGRAM IMP ACT: Funding, if approved would reduce local funding costs for the programs listed. FISCAL IMPACT: (Include Account Number where funds will come from.) - not applicable at this time. "'T~:~"" ~ol~ o' """ ...,rol"" ,- ,~." Department Head's Signature CIty Manage Signature Assistant to City Manager ('~ C\\-r ~1'L Department Name City Attomey I Finance S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC COMPUTER-BASED TRAINING SYSTEM PROJECT DESCRIPTION: F'",."" ''''0,"" .-" be ,"hoo"" by ,_, to rom""" b"", ,""0". pro "m, F"."~ht" ,,,'"''''' P"'""m, '" ,w"",", '''''hie POIi" Th..., Pmy",.;', ", ...~".. to "'-. fueIig- '''''''''' _ of ~. '" """"'lYe '-_.y Th", Pmy"m, '" d"~,,.. '0 ","de"'.. ". ~,"'" ood """"h , "'Od,,,, of ""' ,~ """"""y medical P'-"", "'0' _""', h,,,, the "'"'" to t"" 'he "",,,or, _."" '0 ""'0"", "" "''''''00, Fi"",_ WI" be...., _ oo ""''''om,"t .... ,"00'''.., ~. 'h,,,,, of 'dee., ..... ""'.... '" 'o",,"ptioo of """, by em"","" oa'o, T.. P',." .-" beo"li " ~,. Iype 01 "'0'"" "",'" 'he """ I~ 'o,",,~~, based courses. We have recently provided a facility that has been pre-wired to accept the multimedia enhancements. 20 computer stations are needed. Each station needs to be equipped with a modern desktop computer processor. A flat panel screen and the associated keYboard and mOUse assemblies. Five wireless routers are needed. Measurable Outcome Anticipated: The fire department training division, will track all internet based training Completed by the individual fire fighters. Course evalUations will be completed by the firefighters upon completion of a training session. Amount requested from the State: TOTAL COST OF THE PROJECT: $37,000 $37,000 PROJECT READINESS: PurChase of software and equipment only. Network is capable of handling system. Senators Deutsch, Atwater, Dawson and Representatives Hasner, Brandenburg and SaChs BOYNTON BEACH GATED COMMUNITY ACCESS Measurable Outcome Anticipated: Project Eligibility: Reduced response times for emergency resporlses' Protection of Public Health PROJECT DESCRIPTION: The City of Boynton Beach has just over 30 gated communities within the. city limits and each of these communities have programmed their gates to open with a spe~ code, card, or key that is to be used by the Fire Rescue Department for access during emergency responses. The use of these codes, cards, and/or keys is time consuming and delays the emergency response crews from gaining quick access to the site for rendering emergency care and fire rescue services. The Fire Rescue Department must maintain a current listing of all of these codes and or devices so the crews can reference the listing for the required method of entry. The HOA's or property owners change the access codes and although the owners are required by code to notify the department when this occurs, they do forget from time-to-time, causing even further delays during emergency responses., The best solution to this issue is to have a consistent gate opening methodology that is automatic and useable only by the emergency response vehicles. Using this type of entry system for emergency responses allows the HOA's or property owners to continue to use whatever type of entry method they choose for normal traffic while allowing emergency response vehicles immediate, unimpeded access through the use of a gate mounted receiver and truck mounted transponder that signals the gate opening system upon approach of the vehicle. We have tested this type of system on several vehicles at the city maintenance compound and had no problems with the system operating correctly during the test period. Total estimated cost of installing this system for use by the emergency response units within the Fire Rescue Department is $48,650.00 (35 gate mounted units @ $1200.00 ea; 19 truck mounted units @ $350.00 ea). This estimate includes installation. PROJECT READINESS: Equipment Purchase and installation only. No land needed. Approval of installation by HOA's in the form of right of entry is still needed. Senators Deutsch, Atwater, Dawson and Representatives Hasner, Brandenburg and Sachs EOC f STATION #5 HARDENING PROJECT DESCRIPTION: As a component of our city's pubic safety capital improvement program, a dedicated EOC is planned for construction on the site of our new public safety campus (police/fire/communications/lTS). Current budgetary limitations have prohibi~ us from hardening this facility to withstand a hurricane with greater than a category 3 designation. Having witnessed the magnitude of destruction that a category 4 or 5 storm can do to the infrastructure of a municipal government, it is imperative that we harden this new structure to protect the integrity of our command and control. Our ability to maintain a fully functioning government in a post storm environment is critical to the safety, and wellbeing of any post storm recovery effort. The restoration of essential governmental services provides an indication of confidence to the public that their government is functioning properly. . MEASURABLE OUTCOME ANTICIPATED: Having a fully hardened EOC to house essential governmental services during and after a major hurricane will provide continued command and control and government leadership necessary to respond to the immediate needs of the citizens. A true measure of success will be the city's ability to effectively direct post storm rescue efforts. Amount requested from the State: $1,800,000 (Approx. 12% of building cost) PROJECT READINESS: Site plan approved by City Commission. Design underway. Bids due May/June 2007. Land available. Senator Deutsch and Representative Sachs TRAINING SITE AT ROLLING GREEN COMPLEX PROJECT DESCRIPTION: The Boynton Beach Fire Rescue Dept responds to over 11,000 calls for service per. year. Our service area is approximately 20 sq. miles. The department currently does not have access to an appropriate training facility where actual hands-on training for fire suppression, hazardous material management, weapons of mass destruction, trench rescue, bio-hazardous material responses, etc. The previous fire traini~!l facility located in our town (local school board facility) has since shut down and other local mOJ.l.icipality fire training centers have relocated to more distant locations, making their utliization difficult or impossible to use. It is our intention to build an approximately 3 acre training facility on land currently owned by the city. This facility will be used to train both pOlice and fire personnel in various emergency management responses. The land is valued at approximately $750,000. This facility will also be made available to other agencies. Amount requested from the State: $1,000,000.00 PROJECT READINESS: Land is available and not utilized except for storage. Site work is necessary as is verification of the proposed use with adjoining land owners. One possible alternative would be to provide access to the site for vehicles via the C-16 canal right of way to eliminate ingress/egress through a residential neighborhood. This project is in concept stage and not in the CIP. Senator Dawson and Representative Sachs RECLAIMED WATER DISTRIBUTION SYSTEM from Congress Avenue to Federal Highway in the downtown area: PROJECT DESCRIPTION: This project will utilize approximately 500,000 gallons per day of reclaimed water to offset potable water demands for irrigation. This project is currently in the study phase. The study will evaluate p6ssiblero.utes for the pipeline, pipe sizing, expected demands and customers, and provide a moreltefinite cost estimate. The study will also identify the potential for serving certain non-potable water users, and could be expanded to look at the feasibility of future extensions to the barrier island. PROJECT READINESS: City Commission authorized the initial corridor study and implementation program for the Golf Rd./ Federal Highway Corridor. Total estimated cost of ,project: $1.5 to $2 million Senators Atwater, Deutsch, Dawson and Representatives Sachs and Hasner GENERATOR FOR FIRE STATION NO.1 PROJECT DESCRIPTION: The lack of an- adequate emergency generator to power all of City Hall and Fire Station NO.1 continues to be of concern. Given the last couple of storm seasons and the prolonged loss of power to our central fire station, the need for emergency power to run all the lights, equipment and air conditioning is critical. '" This is to replace the small and outdated generator at city hall. It is our intention to apply for a grant to purchase a generator of sufficient size to supply power to this fire station for its air conditioning and full power for lighting and computers. This generator will allow our fire rescue personnel the ability to maintain efficient operations out of this station during post disaster conditions when community needs are at their greatest. Projected cost of project including engineering, purchase and installation: Approximately $350,000 PROJECT READINESS: Not in CIP plan for FD Generator. City Hall Generator is in the CIP. Senator Dawson and Representative Sachs CONGRESS AVENUE COMMUNITY PARK & BOUNDLESS PLAYGROUND PROJECT DESCRIPTION: Major elements of the park include a therapeutic recreation center, a "Boundless Playground", a palm court to provide a shaded area for parents to view the,playground, a splash fountain, a hobby boat pond which will expand the realm of play for those'1\{ wheelchairs and walkers, a koi pond to offer park users an opportunity to interact With nature and a series of paved trails that will meander through the various areas of the park. Also included will be picnic areas, a children's performance platform, sensory gardens, environmental education areas and access to the hard-surface tennis courts. The project will create a one-of-a-kind park for Boynton Beach. Research during the planning stages of the park revealed that there are no other parks that are completely barrier free in South Florida. When completed, the Congress Avenue Boundless Park will provide opportunities for everyone, regardless of their age or ability. The construction of the park and operational costs are identified in the Recreation and Parks Strategic Plan adopted by the City Commission in April 2006. Development of the park will provide opportunities for programming for special populations such as the sight impaired, physically impaired and mentally challenged. Activities for those who cannot participate in the City's existing activities will be offered through the therapeutic center. These activities will include programs for children, teens and adults. The park will be accessible for adults with limitations who wish to bring their children or grandchildren to a park. The park will offer opportunities for all children to play together regardless of their abilities. Additionally, the therapeutic center can be used by groups for meetings. Total cost of project: $8,700,000 - anticipation is that funds will be raised through grants, foundations and private donations. Amount requested from the State: $1,000,000 PROJECT READINESS: Concept plan approved by City Commission. Design work to commence in early 2007. Land available. Senator Deutsch and Representative Hasner COMMUNITY BUDGET ISSUE REQUESTS (CBIR) PALM BEACH COUNTY LEGISLATIVE DELEGATION 2007 LEGISLATIVE SESSION "- Section 2l6.0S2, Florida Statutes, provides that a local, county, or regional governmei\tal entity, private organization, or nonprofit organization may submit a request for a state appropriation for a program, service, or capital outlay initiative that is local or regional in scope, is intended to meet a documented need, addresses a statewide interest, is intended to produce measurable results, and has tangible community support to members of the Legislature, a state agency, or the Governor. This section of statute was changed during the 2005 legislative session to, among other things, remove the need for a public hearing before a duly elected body before filing the CBIR in Tallahassee. IF YOU INTEND TO ASK FOR FUNDING FOR A LOCAL PROJECT FOR FY 07-08 THROUGH THE CBIR PROCESS, you should: I. Contact, before December I, 2006, at least one member of the Palm Beach Delegation (and preferably both a Senator and a Representative) and ask if he or she would sponsor your project. 2. When you secure sponsorship, ask for the e-mail address to whom you should'send the form electronically and your deadline for doing so. (House and Senate computer systems are opened for a limited period oftime, ending in mid-January, for Members' offices to complete the on-line inputting of CBIRs to the Legislature's appropriations committees). 3. Download, save, and complete the CBIR form which is attached. Answer questions fully but succinctly. 4. E-mail your completed document to each of the members according to the instructions he or she has provided. S. Continue to monitor the progress of the CBIR through your sponsors' offices and lobby legislators and the Governor as you may find appropriate. IF YOU WISH TO ADDRESS THE DELEGATION ON YOUR FUNDING ISSUE, you must fill out a separate form, the Participation Request Form, and submit it in accordance with directions provided. You are not required to appear at a Palm Beach County Legislative Delegation Hearing, however. COMMUNITY BUDGET ISSUE REQUESTS Draft application form - 2007 SESSION REQUESTER: ORGANIZATION: PROJECT TITLE: DATE SUBMITTED: REQUEST MADE BY: (INCLUDE NAME, COMPANY NAME, ADDRESS, TELEPHONE, E-MAIL, AND FAX) STATEWIDE INTEREST: RECIPIENT: CONTACT: CONTACT PHONE: CONTACTEMAIL: COUNTIES AFFECTED: GOVERNMENTAL ENTITY NAME: PRIVATE ORGANIZATION NAME: (PROFIT / NOT-FOR-PROFIT) PROJECT DESCRIPTION: MEASURABLE OUTCOME ANTICIPATED: AMOUNT REQUESTED FROM THE STATE FOR TillS PROJECT TillS YEAR: \ TOTAL COST OF THE PROJECT: REQUEST HAS BEEN MADE TO FUND: (CONSTRUCTION OR OPERATIONS) WHAT TYPE OF MATCH EXISTS FOR THIS PROJECT? CASH AMOUNT: IN-KIND AMOUNT: WAS TillS PROJECT PREVIOUSLY FUNDED BY THE STATE? (YES OR No) Is FUTURE-YEAR FUNDING LIKELY TO BE REQUESTED? (YES OR No) AMOUNT: To FUND: (OPERATIONS OR CONSTRUCTION) WAS TillS PROJECT INCLUDED IN AN AGENCY'S BUDGET REQUEST? (YES OR No) WAS TillS PROJECT INCLUDED IN THE GOVERNOR'S RECOMMENDED BUDGET? (YES OR No) Is THERE A DOCUMENTED NEED FOR TillS PROJECT? DOCUMENTATION: Is THIS A WATER PROJECT AS DESCRIBED IN SECTION 403.885, LAWS OF FLORIDA? (YES OR No) ,'/((( , ,\ r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVElOPMENT ITEM A.l Requested City Connnission Date Final Form Must he Turned Requested City Commission Meetimz Dates in to City Clerk's Office Meetin2 Dates ~ December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 0 February 6, 2007 January 16, 2007 (Noon) 0 April 3. 2007 DateFinal Form Must be Turned in;toCi~Clerk's Office '" '\ February 5, 2007 (Noon) February 20,2007 (Noon) n n-4 =<-< -<0 (')-<1 r-w fTlO ;<J-< :;:<::z: "-I (f)0 O:Z: -<1 a> ~rT\ ~.~ :x: C) March 5, 2007 (Noon) 0- :z: C) March 19,2007 (Noon)"::: N CO 0 Announcements/Presentations 0 CiIy Manager's Report ?i NATURE OF 0 Administrative 0 New Business CO ., AGENDA ITEM 0 Consent Agenda ~ Legal W CO 0 Code Compliance & Legal Settlements 0 Unfinished Bnsiness 0 Pnblic Hearing 0 RECOMMENDATION: Please place this item on the December 5, 2006 CiIy Commission Agenda under Legal, Ordinance - Second Reading. The CiIy Commission approved this reqnest under Public Hearing, Legal, Ordinance _ First Reading on July 5, 2006, prior to transmittal to the Florida Department ofConnnuniIy Affairs (DCA). The reqnest has been returned from the DCA and is now ready for ordinance processing. For further details pertaining to the request, see attached Department Memorandum No. 06-122. EXPLANATION: PROJECT: Ellipse (Sunshine Square) (LUAR 06-016) Cycle 2-2006 Amendments Bonnie Miske!, Esq. And Kim G1as-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Southwest comer of Federal Highway and Woolbright Road Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Connnercial (LRC) to Mixed Use (MX). AGENT: OWNERS: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Development ia~ CiIy Manager's Signature 2-- Assistant to CiIy Manager ~ Planning and 20 S.\PJanningISHAREDlWP\PROJE 06.doc S.IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM. DOC Director CiIy Attorney / Finance \Sunshine Square\LUAR 06-016 REZN 06-008\Agenda Item Request Ellipse (Sunshine Sq) LUAR 06-016 ] 2~5- Ii ,1 1 ORDINANCE NO. 06- Ob~ 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELE)\iENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEl" '\. 7 OWNED BY SUNSHINE SQUARE CRP, LLC., AND 8 LOCATED AT THE SOUTHWEST CORNER OF 9 WOOLBRIGHT ROAD AND SOUTH FEDERAL 10 HIGHWAY; CHANGING THE LAND USE 11 DESIGNATION FROM LOCAL RETAIL 12 COMMERCIAL (LRC) TO MIXED USE (MX); 13 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 14 AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 17 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 19 Comprehensive Planning Act; and 20 WHEREAS, the procedure for amendment of a Future Land Use Element of a 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 22 WHEREAS, after two (2) public hearings the City Commission acting in its dual 23 capacity as Local Planning Agency and City Commission finds that the amendment 24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 25 the best interest of the inhabitants of said City to amend the aforesaid Element of the 26 Comprehensive Plan as provided. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 28 CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 30 herein by this reference. S:\CA\Ordinances\Planning\l.and Usc\Sunshine Square_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 IQc!ited at the southwest. .'y 4 corner of the intersection of Federal Highway and Woolbright Road is changed from Local 5 Retail Commercial (LRC) to Mixed Use (MX). 6 7 See Exhibit "A" attached hereto. 8 9 Containing: 14.42 acres more or less. 10 11 Subject to easements, restrictions, reservations, covenants and rights of way of record. 12 13 14 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 15 Future Land Use Plan shall be amended accordingly. 16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 17 Section S: Should any section or provision of this Ordinance or any portion thereof be 18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 19 remainder of this Ordinance. 20 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 21 or appeal provisions provided by the Florida Local Govermnent Comprehensive Planning and 22 Land Development Regulation Act. No party shall be vested of any right by virtue of the 23 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 24 including appeals, are exhausted. In the event that the effective date is established by state law or 25 special act, the provisions of state act shall control. 26 27 S:\CA\Ordinances\Planning\Land Use\Sunshine Square. doc 1 2 3 FIRST READING this ~ day of ~__, 2006, SECOND, FINAL READING and PASSAGE this ___ day of __ ,2006. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 CITY OF BOYNTON BEACH, FLORIDA Mayor Jerry Taylor Vice Mayor - Carl McKoy -_.._---,-~ - Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner ... Muir C. Ferguson S:\CA\Ordinances\Planning\Land Use\.~unshine Square.doc LOCATION MAP Sunshine Square LUAR 06-016 IIII11 I I I II T r IL-i b- ~ I 1 I I I I II I-- I l..l I 1I11 -- _f- ---I- ~II I II III '- -'- I V LJ J - II I 111111 /" ~ 1~ II III II II - -- I II I1111 lilli' ........ I I III I II II SITe l-= I I II I bf I I I L .~ ~~~ - ~I >> - I ~ IIIlIIIJ I I II y-- /fh ( ~ JL-- I~ = I-- 'if!fJ$fiflI,- 'OjTaJlID. II (/ ,II I r=~-I' -l - I C- >/ I-- - ~ - I- _ - I I-- '--- I I -I T I I , II T~ . ( [ C-~ ~ - c--, 111111 I I ~~ "I "\Y"'>I I I ..... J " 960 480 o - ,.-- I-- N 960 Feet A ~. ~ flT T -, III L......L " DEVELOPMENT DEPARTMENT PLANNING 8< ZONING DMSION MEMORANDUM NO. PZ 06-122 TO: Chair and Members Community Redevelopment Agency Board and Mayor and City Commission ~ , , "t FROM: Hanna Matras Planner ~ Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: June 1, 2006 PROJECT NAME/NUMBER: Sunshine Square/LUAR 06-016 REQUEST: To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MX) on the Future Land Use Plan, and rezone from Community Commercial (C-3) District to Mixed Use- Low Intensity (MU-L) in order to redevelop the shopping plaza as a mixed use development. PROJECT DESCRIPTION Property Owner: Sunshine Square CRP LLC Sunshine Square CRP LLC/Ruden McClosky-Bonnie Miskel, Esq. and Applicant/Agent: Kimberly Glas-Castro, AICP Location: Southwest corner of the intersection of Federal Highway and Woolbright Road. (Exhibit "A") Parcel Size: 14.42 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Mixed Use Proposed Zoning: MU-L Mixed Use-Low Intensity Proposed Use: Mixed Use development containing 576 residential units for an overall density of 39.94 dwelling units per acre (du/ac), 150,602 square feet of commercial retail use and 11,050 square feet of office use for a Floor Area Ratio (FAR) of 1.71. Page 2 File Number: LUAR 06-000 Sunshine Square Adjacent Uses: North: South: East: West: Right-of-way of Woolbright Road, then property designate<;! Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being d~eloped as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. It is not included in the request for land use amendment and rezoning. To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip commercial shopping plaza, south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial. Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center. Right-Of-way of the Florida East Coast railroad, then the City's Utilities Department facilities designated Public and Private Governmental! Institutional and zoned PU Public Use. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: Staff recommends approval of the requested land use amendment for transmittal to the Florida Department of Community Affairs and the accompanying rezoning for the following reasons: 1. The future land use amendment is consistent with policies of the City's adopted Comprehensive Plan, particularly the portions of policy 1.16.1 defining the Mixed Use land use category and the implementation of the Boynton Beach 20/20 Primary Target Areas Overlays; 2. The requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and, 3. The proposed redevelopment plan is consistent with the proposed amendments to the Federa/ Hiohwav Corridor Commun/tv Redeve/ooment Plan; however, 4. The requested land use amendment and rezoning should only receive final approval if a site plan for the development is approved concurrently, and if proposed changes to the Page 3 File Number: LUAR 06-000 Sunshine Square Federal Hiohwav Corridor Communitv Redevelooment Plan and the Mixed Use zoning districts have been adopted. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 14.42acres:-. Because of the size of the property under consideration, the Florida Department of commJl'lity Affairs classifies this amendment as a "large scale" amendment. A "large-scale" amendment is transmitted to the Florida Department of Community Affairs for their review and comment prior to adoption. Adoption must take place before the end of the 2006 calendar year and is tentatively scheduled for late November or early December of this year. The Federal Hiohwav Corridor Communitv Redevelooment Plan, as adopted in May 2002, placed the subject property in "Planning Area V", and does not recommend use of the Mixed Use-Low Intensity zoning districts within this planning area; however, staff has recognized that the development node surrounding the intersection of Federal Highway and Woolbright Road is an important area and should be included in "Planning Area IV", which does allow the use of Mixed Use-Low Intensity zoning. Staff is currently preparing amendments to the Redevelopment Plan to include this area in "Planning Area IV" as presented in workshops with both the CRA and the City Commission. In addition, Staff is preparing amendments to the Mixed Use zoning districts that would allow all of the uses, density and intensity proposed in the applicants plan; therefore, the amendment should be considered. It should be noted that this project has been designed in anticipation of the City's establishment of the Mixed Use-Low Intensity 3 zoning district prior to final adoption of this request for land use amendment. The proposed code amendments would divide the current Mixed Use-Low Intensity zoning district into three districts. Each of the proposed districts will have distinct allowable densities, intensities, heights and design controls. The proposed Mixed Use-Low 3 zoning district is identical to the existing Mixed Use-Low Intensity zoning district with respect to residential density, non-residential intensity (FAR) and allowable maximum height. However, the proposed supermarket can only be built at its proposed size under the pending Mixed Use- Low 3 zoning district. It is the intent of both staff and the applicant to transition the zoning request from MU-L to MU-L 3 following completion of draft ordinances and review of the proposed reclassification by the state. Site Plan Analysis According to the Land Development Regulations, "All development and redevelopment (utilizing the Mixed Use Zoning Districts) shall require a site plan approval to be processed concurrently with the application for rezoning." A conceptual site plan was submitted with the original application, which is discussed below; however, it is anticipated that a full site plan will be submitted at an early date so that it can be reviewed in a timely manner against all design objectives and requirements of the Land Development Regulations for the zoning district prior to adoption. The conceptual site plan shows the site divided into four quadrants by a central street running north to south between Woolbright Road and SE 18th Avenue and another running east to west from Federal Highway to a service drive paralleling the FEC railroad right-of-way. The north- south road has an elliptical median containing landscaped areas. Sidewalks front arcaded retail Page 4 File Number: LUAR 06-000 Sunshine Square structures on each side of the street. Retail/office structures front on Woolbright Road, Federal Highway and the east-west internal street. The center of each of the three quadrants contains parking decks. The remaining quadrant, located on the northwest comer of the site, contains a Publix supermarket under a two-level parking deck and topped with a recreation deck on the top level. The northwest, northeast and southeast quadrants all contain residehti31 units above the street-level commercial spaces. The southwest quadrant contains retail along 'toe internal street and residential and live-work units along SE 18th Avenue, as well as residential units on upper levels. According to the conceptual plans, the northeast quadrant (near the intersection of Federal Highway and Woolbright Road) will be the first phase in the development; followed by the northwest quadrant as phase two and the southwest quadrant as phase three. The southeast quadrant will be phase four. No architectural concepts were submitted with the plans, and any real consideration of the site plan should be withheld until the full set of site plans has been formally submitted. It should be understood, however, that final approval of the requested land use amendment and rezoning cannot occur without concurrent approval of the site plan. Review Based on Criteria 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 the proposed change includes an amendment to the Comprehensive Plan Future land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any Increase In dwelling unit density exceeding 50 In the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or ~~m~~~~w~M~ro~~PO~OO~~~~M~~~mww~ property, In order to comply with policies contained In the comprehensive plan. The property is not located in the hurricane evacuation zone therefore, that section of the criterion is not applicable. According to the Comprehensive Plan f.uture Land Use Element, Objective 1.16.1, ''The City shall continue to regulate the use, density, and intensity of land use, by requiring that all land development orders be consistent with the Future Land Use Plan and other applicable policies of the Comprehensive Plan". Policy 1.16.1 of the Land Use Element reads under "Mixed Use "the following: "Business, professional, and administrative offices; retail uses, personal services, business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and residential uses with a gross density up to 40 dwelling units per acre; places of worship, elementary Page 5 File Number: LUAR 06-000 Sunshine Square and high schools, and day-care services; governmental uses and activities; civic organizations and community centers; home occupations. All land development located in the Mixed Use-Low Intensity category shall be required to submit a plan that includes a single unified design_for th~ project, and shall conform to any adopted design plan(s) for the area covered by th~tegory." In the same policy, under "Boynton Beach 20/20 Primary Target Areas Overlays'; the following language directed initiation and implementation of the Federal Hiahwav Corridor Communitv Redevelooment Plan: "The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Commercial Target Areas shall include but not be limited to: . Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; . U.s.1 from north to south city limits, " As stated above, the Federal Hiahwav Corridor Communitv Redevelooment Plan is currently being updated to place the subject property within Planning Area IV, which will allow the use of the requested land use designation and zoning category. Approval of the requested land use amendment and rezoning for transmittal to the Department of Community Affairs can take place; however, final approval of the requests should not occur until the changes to the Federal Hiahwav Corridor Communitv Redevelooment Plan are adopted by the CRA and City Commission. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an Isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be a continuation of the Mixed Use land use designation and Mixed Use-Low Intensity zoning already in place on property located immediately north of the subject property across Woolbright Road, and does not constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. Page 6 File Number: LUAR 06-000 Sunshine Square The proposed project replaces an antiquated suburban shopping plaza surrounded by large areas of surface parking, with a development containing commercial and residential uses integrated into an urban setting, which will enhance the importance of the intersection of Federal Highway and Woolbright as an important "node of development" on-this /lQrtion of the Federal Highway Corridor. In addition, it will support redevelopment of the coa\al area in keeping with the "Eastward Ho" initiative, proVide commercial service to the barrier island population, which is allowed no commercial land uses per their adopted Comprehensive Plan, and support the downtown development in Boynton Beach. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed mixed use development is compatible with utility systems, roadways, and other public facilities. Traffic analyses presented by the applicant show that if the site were developed to its maximum potential under the existing land use and zoning, the total average daily traffic would be 15,126 trips per day, compared to a maximum potential of 25,913 trips per day under the requested land use and zoning; however, the applicant is proposing a project of an intensity and density far less than the maximum. The proposed project is anticipated to generate only 13,049 trips per day, which would be a potential reduction in maximum average daily traffic of 2,075 trips. Demands for water and sewer capacity will increase on the site due, in large part to the introduction of 576 residential units onto the site. Total demand for potable water is estimated at 254,565 gallons per day; demand for sewer capacity is estimated at 211,942 gallons per day. The project is located in Concurrency Service Area (CSA) 19 for determining public school concurrency. There is no High School located within the CSA; however, the total Middle School enrollment as of July 2005, was at 75% of facility capacity and total Elementary School enrollment was at 74% of capacity. High Schools in the two abutting CSAs are at 87% of capacity in CSA 17 and 79% of capacity in CSA 20 as of July 2005. The Palm Beach County Solid Waste Authority has determined that sufficient disposal capacity exists for the lO-year planning period. lastly, drainage will be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with the current and future use of adjacent and nearby properties and is anticipated to have a pOSitive affect on the property values of adjacent and nearby properties. f. Whether the property Is physically and economically developable under the existing zoning. Page 7 File Number: LUAR 06-000 Sunshine Square The subject property is the site of an existing but antiquated shopping plaza, which could continue to operate in its present state; however, without major renovations its continuing viability is questionable. The project proposed as a replacement will integrate residential and commercial uses, provide structured parking, and include inviting pedestrian-friendly areas, '- which should increase the economic viability of the property. t g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The subject rezoning and subsequent use of the property would represent a positive contribution to both the neighborhood and the city. The provision of residential units in close proximity to neighborhood retail will serve to internalize trips that would otherwise require travel off the site for essential shopping. The redevelopment also retains the Publix supermarket in the area, and provides a pedestrian-friendly area in place of the sea of parking currently found on the site. h. Whether there are adequate sites elsewhere in the city for the proposed use, In districts where such use Is already allowed. The mixed use zoning districts are unique in that they are only placed on the zoning map when a site plan is approved concurrent with the rezoning; therefore, there are no available sites elsewhere in the city where the use is already allowed. In addition, there are a limited number of areas eligible for rezoning to either the MU-L3 Mixed Use-Low Intensity or C-3 Community Commercial districts that equal the size of this property, and where significant development can take place. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and with the proposed changes to the Federal Hiahwav Corridor Communitv Redevelooment Plan; will not create additional impacts on infrastructure that cannot be accommodated within existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; 2. That the subject requests have been reviewed based on the required criteria; 3. That the proposed redevelopment plan is consistent with the vision and recommendations of the Federal Hlahwav Corridor Communitv Redevelooment Plan; and therefore, 4. That the land use amendment and rezoning be approved for transmittal to the Florida Department of Community Affairs for their review and comment; however, 5. Following the DCA's review, final adoption of the land use amendment and rezoning should only be approved if a site plan for the development is approved concurrently, and if proposed changes to the Federal Hiahwav Corridor Communitv Redevelooment Plan and the Mixed Use zoning districts have been adopted. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\LUAR 06-016\Slaff report Sunshine Square LUAR 06-016 revised.doc LOCATION MAP Sunshine Square LUAR 06-016 III J I I I II~ I /jJ:::::J ~ L ==a; IIII~ r~ I- -nIl I I I I I I f- _ =F - I " I I I I c..- I-- I 11I11 l=l = -- T Jf-J '-..J '- 1111111 1=1 III I =--l 1I1111 illllll II I III II III I II II I ): J I I I -j /. " I ~~ L '~ >0< ;)Q f-----..f'o- - - I = - I~ - (yITJIJI1I1IJ I I I ~ ff$fl! T I I Qj~aiIlI1 I I 1/, III II, -' :W,I r=;~ -1 ~ L r= '- ~ V,% f-=I-- -~ '--- il I - - - -I-II I I ~~)~.1 ~Y:>' - I I I I - 1=1' fr nn~ II ~</'\ ! r \\ r. 1" ,\ . .'" " ',- /-~ 'j --/,,/./. . ( " --'!~/' 960 480 o , I I nmn ~ITlIDI] I II r:::=- ?~ ,bL --Mld.:U,Ro-eR ([ r iL r "" - I ..... 0 - r- I-- N 960 Feet A i((( } XII. - LEGAL DEVELOPMENT ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Meetjm~ Dates in to City Clerk's Office [2J December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 0 January 16, 2007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meetim! Dates in to City Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) Marcb 20, 2007 Marcb 5, 2007 (Noon) April 3, 2007 March 19,2007 (Noo"b C1' % o c: N (Xl 0 Announcements/Presentations 0 NATURE OF 0 Administrative 0 AGENDA ITEM 0 Consent Agenda [2J 0 Code Compliance & Legal Settlements 0 0 Public Hearing 0 City Manager's Report New Business Legal Unfinished Business :z- :Jt (Xl .. ~ ..., n n~ :::;-< -<0 n""T1 '0> fTlo ;1)-< :::<:z ui-t o OZ ""T1a:J :2.... ~ RECOMMENDATION: Please place this item on the December 5, 2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing, Legal, Ordinance _ First Reading on July 5, 2006, prior to transmittal to the Florida Department of Connnunity Affairs (DCA). The request has been returned from the DCA and is now ready for ordinance processing. For further details pertaining to the request, see attached Depar1ment Memorandum No. 06-119. EXPLANATION: PROJECT: Inlet Cove Association (INCA) (LUAR 06-019) Cycle 2-2006 Amendments City of Boynton Beach North Federal Highway and the Intracoastal Waterway; between the C-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and North East 6th Court Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use to Low Density Residential. AGENT: LOCATION: DESCRIPTION: Proposed use: No change PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Developm i/;2..~ City Manager's Signature Assistant to City Manager CM../ 'L Plannilig and g Director City Attorney / Finance S:\Planning\SHARED\ WP\PROJ CTS\INCA \Agenda Item Request Inlet Cove Assoc. (INCA) LUAR 06-019 12-5-06.doc S,IBULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06-065 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR TWO (2) 7 PARCELS OF PROPERTY; PARCEL ONE IS 8 BOUNDED BY THE C-16 CANAL ON THE NORTH, 9 MARINER'S WAY ON THE SOUTH, WEST ROAD ON 10 THE WEST, AND THE INTRACOASTAL WATERWAY 11 ON THE EAST; PARCEL TWO IS BOUNDED BY 12 MARTIN LUTHER KING, JR., BOULEVARD ON THE 13 NORTH, NORTHEAST 6TH COURT ON THE SOUTH, 14 THE INTRACOASTAL WATERWAY ON THE EAST, 15 AND ALLEY EAST OF AND PARALLEL TO US 16 HIGHWAY 1 ON THE WEST; CHANGING THE LAND 17 USE DESIGNATION FROM MIXED USE TO LOW 18 DENSITY RESIDENTIAL; PROVIDING FOR 19 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 20 DATE. 21 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 23 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 24 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 25 Comprehensive Planning Act; and 26 WHEREAS, the procedure for amendment of a Future Land Use Element of a 27 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 28 WHEREAS, after two (2) public hearings the City Commission acting in its dual 29 capacity as Local Planning Agency and City Commission finds that the amendment 30 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 31 the best interest of the inhabitants of said City to amend the aforesaid Element of the 32 Comprehensive Plan as provided. 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE S:\CC\WP\ORDJNANCES\2006\lnlct Cove Association - 06.065 - 07-05-D6.doc 1 CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section I: The foregoing WHEREAS clauses are true and correct and incorporated 3 herein by this reference. 4 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 5 following: 6 That the Future Land Use of the following described properties, referred to as North 7 Parcel and South Parcel, shall be changed from Mixed Use to Low Density Residential; 8 9 See Exhibit "A" attached hereto. 10 11 Containing: 8.2S acres for the North Parcel and 26.70 acres for the 12 South Parcel. 13 14 Subject to easements, restrictions, reservations, covenants and rights of way of record. 15 16 17 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 18 Future Land Use Plan shall be amended accordingly. 19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 20 Section S: Should any section or provision of this Ordinance or any portion thereof be 21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 22 remainder of this Ordinance. 23 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 24 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 25 Land Development Regulation Act. No party shall be vested of any right by virtue of the 26 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 27 including appeals, are exhausted. In the event that the effective date is established by state law or S:\COWP\ORDJNANCES\2006\lnlet Cove Association - 06-065 - 07-05-06.doc 1 special act, the provisions of state act shall control. 2 FIRST READING this Sth day of July, 2006. 3 SECOND, FINAL READING and PASSAGE this.~ day of ,2006. 4 CITY OF BOYNTON BEACH, FLORlDA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:\COWP\ORDINANCES\2006\lnlet Cove Association - 06-065 - 07..oS-06.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-119 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Economic Planner Michael W. Rum~~ Director of Planning and Zoning THROUGH: DATE: May 30, 2006 Project NameINumber: Inlet Cove Association (lNCA)/ Future Land Use Map Amendment (WAR 06-019) Request: To reclassifY various properties from Mixed Use to Low Deusity Residential. PROJECT DESCRIPTION Applicant! Agent: City of Boynton Beach Location: Between North Federal Highway and the Intracoastal Waterway; between the C-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and NE 6th Court (Exhibit "AU). Property Size: Various properties totaling approximately 35.12 acres (the northern and southern portions are 8.52 acres and 26.70 acres, respectively) Existing Land Use: Mixed Use Proposed Use Low Density Residential Existing Zoning: The northern portion: RlAA Single-Family Residential; the southern portion: RIA Single-Family Residential (No change proposed to existing zoning). Proposed Use: No change proposed to existing single-family neighborhoods. Adjacent Land Uses and ZonIng: North: For the northern portion: right-of-way of C-16 canal, then developed properties designated Low Density Residential and zoned RlAA Single-Family Residential; for the southern portion: right-of-way of the Martin Luther King Jr. Boulevard, then developed properties Page 2 INCA Land Use Amendment File Number: LUAR 06-019 designated Mixed Use and zoned R-3, Multi-family Residential. South For the northern portion: right-of-way of Mariners Way, then developed properties designated Mixed Use and zoned R-3, Multi-family Residential. For the southern portion: developed properties designated Mixed Use and zoned R-3 Multi-Family Residential. East: Intracoastal Waterway West: Developed properties designated General Commercial and zoned C-4, General Commercial (except one property east of the southern portion which is designated Mixed Use and zoned Mixed Use-Low. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons; 1. The future land use amendment is consistent with the intent of the City's Comprehensive Plan; 2. The requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and, 3. The proposed redevelopment plan is consistent with the visions of the Federal Highway Corridor Community Redevelopment Plan and with the recommendation of the proposed amendment to the Plan. BACKGROUND In November of 1989 the City adopted its Comprehensive Plan. Section vm of the support documents of the Comprehensive Plan, "Land Problems and Opportunities", was initially incorporated by reference into the Goals, Objectives and Policies of the Plan, and regulated the use, intensity and other characteristics for the development of nine (9) specific planning areas within the city (the plan was subsequently amended to recognize the recommendations of Section vm as advisory only). The subject area, a portion of the Inlet Cove (INCA) neighborhood, is located in Area l.k. as defined in the Land Use Problems and Opportunities. The section recommends that "those portions of Area 1.k. that are currently in the Low Density and High Density Residential land use categories be placed in the Mixed Use land category". The basis of this recommendation was the analysis indicating tbat tbe area was suitable for more intensive uses because of its proximity to tbe Central Business District, poor condition of many of tbe single-family homes, low quality of tbe commercial uses fronting US 1 and tbat tbe large amount of vacant land between N.E. 7th Avenue and N.E. 10th Avenue. The recommendation was implemented concurrently witb tbe major rewrite and adoption oftbe Comprehensive Plan. Page 3 INCA Land Use Amendment File Number: LUAR 06-019 PROJECT ANALYSIS Because of the size of the area under consideration, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). Following local board review and a City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for cornpliance 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 (ORe) Report". The City then has 60 days to either (I) 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 second round of amendments for the 2006 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dweUing unit density exceeding 50 in the hurricane evacuation zone without written ilpproval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the Comprehensive Plan. Policy 1.9.S of the Future Land Use Element states: "The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall, in part, implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. I; · U.S.l from north to south city limits, Page 4 INCA Land Use Amendment File Number: LUAR06-019 . Boynton Beach Boulevard from u.s. I to 1-95; . Ocean Avenue from the Marina to Seacrest Boulevard; and; . Golf Road between u.s. I and Seacrest Boulevard. The subject properties are located in the second Primary Target Area (U.S. I from north to south city limits). The Federal Highway Corridor Community Redevelopment Plan was adopted for this area in April 2001. A specific recommendation applicable to the subject area reads as follows: Recommendation 5: Create new zoning districts for the RIA and RIM communities east of Federal Highway, proximate to the Intracoastal Waterway that would allow for redevelopment of lots with greater lot coverage and reduced front, side and rear yards. nus recommendation was never implemented. There is also Recommendation 7, urging protection of residential neighborhoods from deleterious impacts generated by certain commercial uses, such as establishments serving alcohol. The expectation was that mixed use projects with commercial components are going to continue making encroachments into residential neighborhoods in the area. The Federal Highway Corridor Community Redevelopment Plan is being amended concurrently with the proposed land use amendment for INCA properties. The subject request, supported by residents of the INCA neighborhoods, implernents the proposed recommendation of the Plan, which reads: Recommendation 3. Amend the Future Land Use Map to remove existing conforming single family neighborhoods east ofF ederal Highway, proximate to the Intracoastal Waterway from the Mixed Use land use category. The purpose of the new recommendation is to provide some measure of assurance to the property owners that these areas will not be easily converted to mixed use developments. The proposed land use amendment is also consistent with Policy 1.17.5, which states: : The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed amendment is consistent with the established land use pattern of single-family homes. Page 5 INCA Land Use Amendment File Number: LUAR 06-019 c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed rezoning is supported by the residents of INCA neighborhoods, but there are other arguments that make the proposed amendment desirable. In recent years, several redevelopment plans for Target Areas have designated preferred areas for mixed use redevelopment activities, and further additions to these areas are under consideration. The review of these plans is primarily focused on 'appropriate" distribution of commercial uses along the USI corridor and, more generally, in the downtown area and in neighborhoods adjacent to downtown. The Downtown Retail Analysis Report prepared for the CRA in January of 2006 provides further support to the strategy of limiting commercial uses to designated commercial nodes. The desirable redevelopment patterns for mixed use districts do not include the subject area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Since the use of the area will remain single family residential, the proposed amendment involves no additional demands on the public facilities, and essentially a significant decrease in potential impact on facilities and infrastructure as would be allowed by the Comprehensive Plan. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The properties located immediately west of the subject areas along US I, will likely at some point redevelop as mixed use projects, although the shallow depths of some of the parcels may make it difficult to meet setback requirements for mixed-use districts adjacent to residential neighborhoods. The R-3 Multi-Family districts located between the northern- and southern portions of INCA and south of its southern portion will remain in the Mixed Use Land category and may also redevelop as mixed use, with the appropriate setbacks as mentioned above. The effect of this amendment on property values of adjacent properties depends on ultimate characteristics of redevelopment that could have occurred under the subject's properties current land use. f. Whether the property is physically and economically developable under the existing zoning. The subject properties could be physically redeveloped under the existing mixed use land use designation, however, it is unlikely that the full economic benefits of the mixed uses permitted under this designation could be attained at this point. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The scale of the proposed amendment is related to both the needs of the area and the city as a whole. As stated above, INCA neighborhoods support the proposed amendment. Moreover, Page 6 INCA Land Use Amendment File Number: LUAR 06-019 protection of existing single-family neighborhoods is one of the city's goals as expressed in the Cornprehensive Plan and redevelopment plan. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The use will rernain unchanged. There are few vacant parcels within the city where single-family homes can be developed. CONCLUSlONS/RECOMMENDATlONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan; pending amendments to the Redevelopment Plan; and will represent a decrease in potential demand on public infrastructure. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; 2. That the subject requests have been reviewed based on the required criteria; 3. That the proposed rezoning is consistent with the vision of the "Federal Highway Corridor Community Redevelopment Plan" and with the recommendation of the proposed amendment to the Plan; and therefore, 4. That the land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\Planlling\SHAilED\WP\PROJECfS\INCA\JNCA staff rq:>ort_doc LOCATION MAP INCA Land Use Amendment Exhibit "A" I . I ~t~fj B a D o . 400 200 o N ~~t A \ XII. - LEGAL DEVELOPMENT ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Requested City Commission Meetinll Dates Date Final Form Must be Turned in to City Clerk's Office December 5, 2005 (Noon) o February 7, 2006 o February 21, 2006 o March 7, 2006 o March 21, 2006 January 17, 2006 (Noon) [gJ December 6, 2005 0 December 20, 2005 0 January 3, 2006 0 January 17. 2006 November 14, 2005 (Noon.) February 6, 2006 (Noon) NATURE OF AGENDA ITEM o Development Plans o New Bnsiness [gJ o o Legal Unfinished Business ~ CP. (.0) CO (") ",::; :::j-< -<0 0'" r-a> 010 :<'-< ::0::% . ... <.1>0 0% -no> ~fTl O:Jo rrto :x: o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report February 21. 2006 (Noon) o "" March 6, 2006 (Noon r.z: ~ N c:o December 19,2005 (Noon) January 3, 2006 (Noon) Presentation RECOMMENDATION: Please place this request on the December 5, 2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing, Legal, Ordinance - First Reading on July 5, 2006, prior to transmittal to the Florida Department of Connnunity Affairs (DCA). The request has been retnmed from the DCA and is now ready for ordinance processing. Explanation: The subject items are initial Comprehensive Plan amendments to implement recommended changes to redevelopment plans including the proposed mixed-use zoning districts, and to further the provision of affordable/workforce housing. Comprehensive Plan Policies 1.9.5 and 1.16.1 Cycle 2-2006 Amendments (CPTA 06-001) Request to amend Future Land Use Element policies 1.9.5 and 1.16.1 of the City of Boynton Beach Comprehensive Plan. PROGRAM IMPACT: N/A fiSCAL IMPACT: N/A ALTERNATIVES: A1.:: /J DevelopmeL4~ PROJECT: DESCRIPTION: ~C.M 'S. tty anager s .gnature ~~~ector ~ City Attorney / Finance / Human Resonrces S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. 06 - 07d-., 2 3 AN ORDINANCE OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING POLICY 1.9.5 AND POLICY 1.16.] OF 6 THE FUTURE LAND USE ELEMENT OF THE 7 COMPREHENSIVE PLAN IN SUPPORT 01<' A 8 CORRIDOR STUDY ALONG WOOLBRIGHT ROAD 9 BETWEEN THE FLORIDA EAST COAST RAILROAD 10 RIGHT-OF-WAY AND 1-95 AND TO ALLOW FOR II RESIDENTIAL DENSITIES OF UP TO TWENTY (20) 12 DWELLING UNITS PER ACRE IN AREAS OUTSIDE 13 THE FEDERAL HIGHWAY CORRIDOR 14 REDEVELOPMENT AREA, FOR THE 15 DEVELOPMENT OF AFFORDABLE HOUSING; 16 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 17 AN EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida 20 ("City") has adopted a Comprehensive Plan, and as part of said plan, adopted Policy 21 1.16.1 and Policy 1.9.S, pursuant to Ordinance 89-38 in accordance with the Local 22 Government Comprehensive Planning Act; and 23 WHEREAS, a recent interest in redevelopment along the north side of 24 Woolbright Road has raised the need for a redevelopment plan for that area requiring 25 an amendment to the above reference policies of the Future Land Use Element of the 26 Comprehensive Plan; and 27 WHEREAS, after public hearing and study, the City Commission deems it to 28 be in the best interest of the inhabitants of the City to amend the text of the City's 29 Comprehensive Plan by amending Policy I. ]6.1 and Policy] .9.S as provided herein; 30 and 31 WHEREAS, it is the recommendation of City staff that a text amendment to S:\CA \OrdinancesIPlanning\Text Amendment 1.16.1 and 1.9.5.Joc I Policy 1.16.1 and Policy 1.9.S has herein after set forth; and 2 WHEREAS, the City Commission finds that the adoptions of these 3 Comprehensive Plan Amendments are in the best interest of the health, safety and 4 welfare ofthe citizens and residents of the City of Boynton Beach. 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY 6 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing Whereas clauses are true and correct and are now 8 ratified and confirmed by the City Commission. 9 Section 2. That the Comprehensive Plan, Objective 1.16.1, is hereby 10 amended by adding the words and figures in underlined type and by deleting the 11 words and figures in struck-through type, as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Policy 1.16.1 (last definition) Boynton Beach 20/20 Primary Target Areas Overlays: The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. -Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Commercial Target Areas shall include but not be limited to: . Martin Luther King Boulevard from Seacrest Boulevard to U. S. I; . U.S. I from north to south city limits, . Boynton Beach Boulevard from U.S. 1 to l-9S; . Ocean A venue from the Marina to Seacrest Boulevard; and, S:\CA\OrdinanceslPlanning\Text Amendment 1.16.1 and 1.9.5.doc 2 I 2 3 4 5 6 7 8 9 10 II ]2 13 ]4 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 . Golf Roaa eetweeH U.S. 1 and SeacreGt Bmilevara. Woolbright Road between the Florida BasI Coast Railroad right-of-wav and 1-9S. Also amend Policy 1.16.1 (definition ofthe Special High Density Residential future land use category) as follows: Special High Density Residential: This land use category shall consist of redevelopment and infill residential areas assigned to this land use category in the portion of the designated Community Redevelopment Area identified as Planning Area I and Planning Area V in the "Federal Highway Corridor Community Redevelopment Plan", adopted on May 15,2001, and may also be applied in other areas of the City when utilized in conjunction with the provision of affordable housing. Section 3. That the Comprehensive Plan, Objective 1.9.S, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Policy 1.9.S The City, by ;w()2 2007, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall, in part, implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifYing design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. I; · U.S.I from north to south city limits, . Boynton Beach Boulevard from U.S.! to 1-9S; . Ocean Avenue from the Marina to Seacrest Boulevard; and; · GelfRoad eetweeH U.S. 1 ana Seacrest Bmde'/ard. Woolbright Road between the Florida East Coast Railroad right-of-wav and 1-9S. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions ofthis Ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any S: leA IOrdinanceslPlanningl Text Amendment 1.16.1 and 1. 9.5 .doc .1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ]5 16 17 18 19 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder ofthis Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this --'fL day of July, 2006. SECOND, FINAL READING AND PASSAGE this _ day of 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\OrdinanceslP]anning\Text Amendment 1.16.] and 1.9.5.doc 4 DEVELOPMENT DEPARTMENT PLANNING a ZONING DMSION MEMORANDUM NO. PZ 06-105 TO: Chair and Members of the Community Redevelopment Agency Board; Chair and Members of the Planning and Development Board; and Mayor and City Commissioners FROM: THROUGH: Hanna Matras, Planner Michael W. Rum~(}IfL-- Director of Planning and Zoning DATE: SUBJECT: May 17, 2006 Cycle 2-2006 Amendments - Policies 1.9.5 and 1.16.1 - (CPTA 06-001) Comprehensive Plan Future Land Use Element Redevelopment & affordable housing INTRODUCTION Staff Is proposing two sets of text amendments to policies contained in the Future Land Use Element of the City of Boynton Beach Comprehensive Plan. Each of these will aid In the implementation of development and redevelopment efforts targeting both the Community Redevelopment Area (CRA) and areas outside the CRA. The first will support a corridor study along Woolbright Road between the Rorlda East Coast Railroad right-of-way and 1-95; and the second will allow the Oty to consider residential densities of up to 20 dwelling units per acre (dufac) in areas outside the Federal Highway Corridor Redevelopment Area, for the development of affordable housing. PROCEDURE All amendments to adopted Comprehensive Plan policies are considered text amendments, and are a therefore "Large Scale Amendments" by Chapter 163, F. S. As such, they are restricted to the twice-yearly amendment cydes and are transmitted to the ROOda Department of Community Affairs for review and comment prior to final adoption by the CIty Commission. Adoption Is tentatively scheduled for late November or early December of this year, to comply with the State's requirement that this cyde be adopted before the end of the 2006 calendar year. PROPOSED TEXT (with proposed changes shown In underlined and bold text) Policy 1.9.5 The City, by ~ 2OOZ, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall, In part, Implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design ct1terla which may address public Improvements, Infrastructure, building placement., architectural character, streetscape, slgnage, landmark opportunities and unifying design Page 2 Rle Number CPTA 06-001 Redevelopment and Affordable Housing concepts. Implementation mechanisms may Include, but are not limited to, adoption of overlays In the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied Include but are not necessarily limited to: . Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; . U.S.lfrom north to south city limits, . Boynton Beach Boulevard from U.S.1 to 1-95; . Ocean Avenue from the Marina to Seacrest Boulevard; and; . Celf Read betweeR lJ.S. 1 aRd Seaaesl: BStlleveFd. Woolbriaht Road between the Rorlda East Coast Railroad rlaht-of-wav and 1-95. Policy 1.16.1 (last definition) Boynton Beach 20/20 Primary Target Areas OVerlays: The target areas delineated In the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. -Studies and/or redevelopment studies may address public Improvements, Infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may Include, but are not limited to, adoption of overlays In the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the my Commission. The Primary Commercial Target Areas shall Include but not be limited to: . Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; . U.S.1 from north to south city limits, . Boynton Beach Boulevard from US.1 to 1-95; . Ocean Avenue from the Marina to Seacrest Boulevard; and, . Celf Read betweeR U.S. 1 aRd Seaerest BetllevaFd. Woolbright Road between the Rorida East Coast Railroad riaht-of-wav and 1-95. Also amend Policy 1.16.1 (definition of the Special High Density Residential future land use category) as follows: Special High Density Residential: This land use category shall consist of . redevelopment and Infill residential areas assigned to this land use category In the portion of the designated Community Redevelopment Area Identified as Planning Area I and Planning Area V In the "Federal Highway Conidor Community Redevelopment Plan", adopted on May 15, 2001, and mav also be Page 3 File Number CPTA 06-001 Redevelopment and Affordable Housing aoolled In other areas of the Ow when utilized In conjunction with the orovIslon of affordable housing. ANALYSIS The adopted Bovnton Beach 20/20 Redevelooment Master Plan recommended that five areas of the City to be designated as "Primary Target Areas", and that further study of these areas be conducted In order to Implement portions of the 20{20 Plan. Redevelopment Plans have been conducted and adopted for four of the named areas: Federal Highway between the north and south city limits, Martin Luther King, Jr. Boulevard, Ocean Avenue between Seacrest Boulevard and the Intracoastal Wataway, and Boynton Beach Boulevard between Federal Highway and 1- 95. The fifth corridor suggested for study was SE 23rd Avenue (Golf Road) between Federal Highway and Seacrest Boulevard. A major portion of this corridor, between Federal Highway and the AorIda East Coast Railroad (FEe) right-of-way, was Included In the Federal Hlghwav Corridor Communltv Redevelooment Plan. adopted In May 2001. Development of the remainder of the cited conidor segment Is guided by policies Included In the "Problems and Opportunities" section of the data and analysis of the Future land Use Bement of the Comprehensive Plan. Recent Interest In redevelopment along the north side of Woolbright Road between the FEe right- of-way and 1-95, has raised the need for a redevelopment plan for this area. It Is anticipated that the study will support staffs proposal to utilize the Mixed Use (MX) land use category coupled with the proposed Mixed Use-Low Intensity 1 zoning district In this area, thereby capitalizing on the redevelopment opportunities in this area, and providing a logical transition from the MU-l3 being recommended at the adjacent Intersection of Federal Highway and Woolbright Road. Staff is proposing that the list of target areas be amended so that the Golf Road conidor be replaced with Woolbright Road between the Rorida East Coast Railroad right-of- way and 1-95. This will require amendments to the two policies cited above (Policy 1.9.5 and 1.16.1) in the Future land Use Element of the City of Boynton Beach Comprehensive Plan. In addition, the CIty's recent examination of the need for affordable housing, particularly housing affordable to members of the workforce, has identified the need for Increased densities as a means of providing additional opportunities for the construction of workforce housing. This could be most easily accomplished by considering a land use amendment to the SpecIal High Density Resldentlalland use category to allow Its use In areas outside the Federal Highway CorrIdor Redevelopment Area. Currently, Comprehensive Plan language limits the use of this land use category to "the designated Community Redevelopment Area Identified as Planning Area I and Planning Area V In the Federal Hlghwav Conidor Community Redevelooment Plan. . ." Staff Is proposing that the land use category be considered on a aty-wide basis, If It serves to Implement and achieve the Oty's affordable housing objectives (to ultimately be adopted). Staff anticipates this to be just one of a few strategies to be Implemented to Increase housing opportunities for the low income to "workforce" residents. Page 4 File Number CPTA 06-001 Redevelopment and Affordable Housing RECOMMENDATION The proposed text amendments are the minimum necessary to achieve the desired end results; therefore, staff recommends that: 1. The Community Redevelopment Agency Board and the Planning and Development Board recommend approval of the proposed amendments; 2. The Oty Commission, acting In Its capacity as the local Planning Agency, find the amendments consistent with the aty's adopted Comprehensive Plan; and, 3. The Oty Commission approve the amendments for transmittal to the Rortda Department of Community Affairs for their review and comment. ATIACHMENTS S:\~WP\5PECPROJ\CPT"\06-001 Rfldt..~L~meut" AIfordabIe Hsng\STAfF REPOfrr CPTA O6-OQl.doc , .qr }--. . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.4 Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office lZJ December 5. 2006 November 20, 2006 (Noon.) 0 0 January 2. 2007 December 18,2006 (Noon) 0 0 January 16, 2007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16, 2007 (Noon) 0 Requested City Connnission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office February 20, 1007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) March 20, 2007 New Business -0 :x iG .. w or:- ..., C)~ =<-< -<0 ("')""1'l .to 1"'10 :;0 -< ?<;Z:. --\ <Po O;Z:. -ntX' ~rrl C"l;p 1"'1..., :r: March 5, 2007 (Noon) April 3,2007 o 0- March 19,2007 (Noon) :z: o ...::: N N 0 AnnouncementslPresentations 0 NATURE OF 0 Administrative 0 AGENDA ITEM 0 Consent Agenda lZJ 0 Code Compliance & Legal Settlements 0 0 Public Hearing 0 City Manager's Report Legal Unfinished Business RECOMMENDATION: Please place this request on the December 5, 2006 City Connnission Agenda under Legal, Ordinance - Second Reading. The City Connnission approved the subject request on November 21, 2006 under Public Hearing and Legal, Ordinance - First Reading. Requested changes from the public have been received late in this process and will be reviewed for possible incorporation into the ordinance for 2nd reading, and will be described in subsequent communications and at the December 5th hearing. For further details pertaining to the request, see attached Department Memorandwn No. 06-170. EXPLANATION: PROJECT: AGENT: DESCRIPTION: Mixed Use Zoning districts (CDRV 06-002) City-initiated Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F Mixed use Zoning Districts for conversion of Mixed Use-Low (MU-L) to Mixed Use-Low I (MU-LI), amendment of Mixed Use-High (MU-H), and establishment of the Mixed Use- Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3) zoning districts. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Mana er's Signature Assistant to City Manager rM./ Develop ~LJ_~/ Planning and Zo . g rrector S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance I ORDINANCE NO. 06- 08e 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING I,AND 5 DEVELOPMENT REGULATIONS, CHAPTER 2 6 "ZONING", SECTION 6.F. MIXED USE ZONING 7 DISTRICTS; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, CODIFICATION AND AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, the regulations for the Mixed Use-High Intensity (MU-H) and Mixed 13 Use-Low Intensity (MU-L) zoning categories were adopted on June 18, 2002 primarily to 14 implement recommendations of the Federal Highway Corridor Community Redevelopment 15 Plan; and 16 WHEREAS, several minor amendments have been made to the regulations since 17 their adoption; however it was realized that adjustments needed to be made to the original 18 Mixed Use regulations in order to implement the more recently adopted redevelopment plans, 19 which include the Heart of Boynton Community Redevelopment Plan, the Federal Highway 20 Corridor Community Redevelopment Plan and the Ocean District Community 21 Redevelopment Plan; and 22 WHEREAS, the City Commission, upon recommendation of staff, deems it 23 appropriate and in the best interests of the residents of the City of Boynton Beach, to amend 24 the Land Development Regulations of the City of Boynton Beach to provide minor 25 amendments regarding the Mixed Use-High (MU-H) and Mixed Use-Low (MU-L) zoning 26 categories. 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing whereas clause is true and correct and is now ratified and 30 confirmed by the City Commission. 31 Section 2. Chapter 2. "Zoning", Section 6.F. of the Land Development 32 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 33 the words and figures in underlined type, and by deleting the words and figures in struck- 34 through type, in the attached Exhibit "A". S:\CA \Ordinanccs\LDR Changes\Amdcnding LDR - Chapter 2 ~ 6F(2006).doc Section 3. Each and every other provision of the Land Development Regulations 2 not herein specifically amended, shall remain in full force and effect as originally adopted. 3 Section 4. All laws and ordinances applying to the City of Boynton Beach in 4 conflict with any provisions of this ordinance are hereby repealed. 5 Section S. Should any section or provision of this Ordinance or any portion 6 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 7 affect the remainder of this Ordinance. 8 Section 6. Authority is hereby given to codifY this Ordinance. 9 Section 7. This Ordinance shall become effective immediately. 10 FIRST READING this.a.l day of November, 2006. t] SECOND, FINAL READING AND PASSAGE this _ day of ]2 December, 2006. 13 ]4 15 16 17 ]8 ]9 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner TTEST: ity Clerk Corporate Seal) :\CA\Ordinances\LDR Changes\Amdending LOR ~ Chapter 2 - 6F(2006).doc Exhibit "A" F. MIXED USE ZONING DISTRICTS. I. Intent and purpose. The mixed use zoning districts allow for a diversity of land uses, and accorrunodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses on assembled parcels within the Connnunity Redevelopment Area. All development and redevelopment shall require a site plan approval to be processed concurrently with the application for rezoning. 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 majer Be'" resiEleHtial ana mined llse areas Allow for cOI1lll1ercial services to be Drovided to new residential develooments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments through appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk; while maximiziug compatibility and harmony with adjoining development within the development 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 geographic areas, east ofI-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 !we four zoning districts: Mixed Use-High Intensity (MU-H), Mixed Use-Low Intensity I (MU-LIl. Mixed Use-Low Intensity 2 (MU-L2). and Mixed Use-Low Intensitv 3 (MU-L3). 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 along the frontage of the property and oroximitv to existine: sine:le family zornne: districts. A Mixed Use Low zoning district mav be located oulv on lands desil!1lated Mixed Use (MX) on the City of Bovnton Beach Future Land Use MaD. The Mixed Use High zoning district may be located only on lands designated Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. (I) Ullon adolltion of tThe Mixed-Use Cor. (MX C) land "s. daosification, tlU. High Intensity (MU-H) zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. (3) The district allows a maximum height of one hundred-fifty (150) feet and a residential density of eighty (80) dweHing units per acre, provided that all new developments within this district that front on streets designated as "arterial" or "coUector" roadways" on the Functional Classification of Roadways Map shall contain a mixture of retail, office and/or residential uses arranged either vertically or horizontally. Sinele-use VIolects frontine. solely on October 9, 2006 other streets within this district shall reouire conditional use aporoval. b. MU-L (Mixed-Use-Low-Intensity) Zoning District~, Mixed Use-Low Intensitv I lMU-LI). Mixed Use-Low Intensity 2 lMU-L2). and Mixed Use-Low Intensitv 3 IMU-L3). (1) 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 area and classified as Mixed Use (MX) on the Future Land Use Map. (2) The MU-L District~ isare appropriate for low- to mid-rise developments that provide for medium density residential uses. (3) The distric~ allows a maximum height of seventy-five (75) feet and a residential density offorty (40) dwelling units per acre for mixed use projects. (4) Building heights between seventy-five (75) feet and one hundred (100) feet may be permitted for developments abuttine: the Mixed Use HilZh zonine: district. if reviewed as a conditional use. (5) The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. (6) All new developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local coUector" roadways" on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally. (7) Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. Uses. a. The following tahle identifies the permitted, restricted and prohibited uses within the mixed use zoning districts. b. Uses are classified as Pennitted Hp," Conditional He," or Not Permitted UN." c. Uses pennitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. d. 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 pennitted; provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the city. TABLE 6F-I SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES D .-1. -'- D..r! .r! fG ~ IN G~ [J_ ,1 ~ P [J. .n p p N N N ~ IL fl IN , , D. .' Il ~. , , October 9. 2006 2 * October 9,2006 3 N '--cc , C.. ~ .C1-. 12" !P" '-"'fLuoa 12" !P" P" !P" .". IF" /P" p" 12" ,,., p" 12 !P++ p~ ~ N .C'. -. W P+ , p" P" P" E P" IPV n. N ~ ~. N ~ '6. . G G p" P" ~ ~ ~ N T G b , , , , 12" ~ ,.",u, 12" P" ',1-.1'>.' N ~ , , P" IPv IC'. 12" 112" . IF" 12" p" 12" "_1..' . . '" ~ N , , ~ .n , Col, N N , , D -' C<. , 12" /P" N ~ 1:'.. 11. r>. 7. 01 , n, , '-, n. .C P" 12" P" pv P" /P" b, -'- 12- !P"'" J'lu1-. 12" IPv N ~ -~ IN ... ~ ~ October 9, 2006 4 ---- -- ---- - ----- --------- pO u ;-;-; 120---- -- = .......'1;1 ~" , IN ------ .... -. lPo ~-14- .. - n_.r IP" -- --- ~-- In -, ~ ~. ----. - -, - ., , 'J , . A ~__.. ~ G" , ~O "0 ,-.---- -.-- IN-- ------ IN .- m IN - IN --, k; -- .--. ~" -~ , -- 1---- ;.,..,. ~- JG9 'J ,. -~ -, ---- ,----- -v--- -~ - - ReGtri.tieB Netes: 1. ~'1l1st be an integral part of a mined use deY/elepment comprising a maJd:m\lm of 30 pereent of the gross floElr Mea ef the OBtHO aoYele~meBt. 2. Fer theGo ",yith HeHlage eB an arterial reaa, allewea as a ~ermi""a Hse if the grBlIBa lewll1eer HeetiBg the aRena) is ae";eted t8 anise or retail uses. Otherwise, use is a eonditioaal USel. 3. Use shall be suBjeet t8 the f811o",y.'ing distance separation reEfUKements fram similar uses, meBsHfea in a stFaigllt liBe HGiBg the sheFtost aistaB.e .O""OOB ~re~ofty line.: Fer HGOS with less thaB 5 OllO s')Hare fuet efl1eer area, 750 feel; For uses with a gross fleer area equal to ar greater t:B8fl 5,9g.(} gross sElHare feet, 1,590 feet. 1, Sub-jest to setbaeh and buffeFiflg reE}UHements as reeommenaed by the Technical ReT:iew Ce-mrnittee. 5, ~laJ(imum gress slfUan~ footage of struetare shall Bot elweea 2,500 square feet. Storage of postal vehicles ~rehi.itea. 8. ~lust be integrates into a eORHHereial or nllnea l:lse developmeRt and not ~1l~eea 30 perce.flt efth~ gross floor area of the eatke de";elopment, eoastreeted ivithiH the same struetlHe as the femalHmg cORlFBen:nal or HHOfed use deyolel'meHl. Octeber 9, 2006 5 7. Gress fleer area ef grocery stEue meat be a FI'linimum ef 15,909 sEflIare foet aHa a Hlanimum of 39, gOO sEjl:fare feet. 8. OB site drep elf aBlI piek "" enly. 9. Drive tJ-_..... faeility, ineludiRg staeltiRg laRes, muot be s..-eened /Fern publie right ef '.yay and re~uires eeRditienal lIS€! 3J3Jlre"lal. Ingress/egress shall Bet be frem/to an aFterial read\"ay. !9. Shall cemply with previsions ef Chapter 2, See. !!.L., pertaining Ie retail sale ef gaselm. er gaseline pro duels. ] ]. Net pemlled en prepefly with Fede",! Highw"y Frentage in the MU L Zene unless eensistont ".'ith reslrietioR Bole nmnIler si" (G). ]2. mdeer sle",ge/display shall Ret e"eeell 19,999 square feet. 13. IR e8l'jWlctien ,,;ith a pemlilted marina use. Sterage'display alle'.yell enly in 'Net lIeel", er mdeer net te e"eeell 19,900 sljUare feet. ] 1. See Sectien 11 fer regnlatieRs. ]5. See Seetien 15 fenogulatieRS. ZONE USE GROUPIUSE MU-Lt MU-L2 MU-L3 MU-H Residential or Lodrrinf? Use Group Bed and Breakfast C C N N Boutiaue Holel N N C C. Hotel tl !:: !:: r Home OccuDation I' I' I' I' Mobile Home N N N N Motel tl tl tl tl Residential. Sinele-Fami1v, Detached N N N N Residential. Sinele-Familv. Attached I' I' I' I' Residential. Mu1ti-Familv I' I' I' p'/C' Board and Roomine House (exceot as DTOvided bv stale law) N N N N Accessorv Unit N N N N Live/work Unit 1"4 1''' 1']4 1']4 Communitv Facilities Use Group CoIlei!e. University. Seminarv and accessory uses I' I' I' N Government Office/Civic CenterlLibrarv I' I' I' I' Recreation, (outdoor) I' I' I' N October 9, 2006 6 ZONE USE GROUPfUSE MU-Ll MU-L2 MU-LJ MU-H Museum and accessory uses P P P P House of Worship p3 p3 pJ p1,3 Police or Fire-Rescue Station P P P P Postal Center (retail sales only) p6 p6 p6 p5,6 Post Office N N C C Public Park P P P P Publicly-owned Parking Lot or Garage (principal use) P P P' . P' Office Use GrOUD * 'Not encouraged as a first-floor use in the MU-H Zone Banks. Financial Institutions p9 p9 p6.9 p6,9 Medical or Dental Office or Clinic p P P p6 Physical Therapy Clinic p p P p6 Professional Business Office p p p p Veterinarv Office or Clinic p p P p6 Sales and General Commercial Use Grouo' . Where pennilted within the MU-L Zone. only on lots fronting on maior arterial or connector roadways Alcoholic Beyerage Package Store p' p' p6 p' Ammunition or Firearm Sale or Rental (principal use) N N N N Animal Boarding or Kennel (principal/accessorv use) c' c' N N Animal Grooming p p p p6 Pet Sales p p p' p' AntiQue Stole/Fine Arts AntiQue Auction p p p' p' Arts. Crafts. Hobby and Framing p p p' p' Auction House N N N N Automotive Fuel Sales with/without V chicle Service N N C6.1O C6,JO Automotive Parts Sales p6,1. pl,6 pl.6 pl,6 Automotive RenairslMinor) N CI,!6 CI.16 N Automotive Sales with Display N N p12 p12 Bakerv. Retail/Svecialtv Foods/ p p p6 p6 October 9, 2006 7 ZONE USE GROUPIUSE MU-LI MU-L2 MU-L3 MU-H BoatIMarine AccessoriesIRentallBrokeralZe pI2,J3 p12,13 p6,ll.13 p6,J2.13 Bookstore P P P' P' Buildin. SUl>Dlies or Materials N N N N Bus Tennina1 N N N C Clothin.. Shoes or Accessories Boutioue P' P' P' P' Contractor's Office/EouiDment Stora.e N N N N Coffee Shoo P P P' P' Convenience Store P' P' P' P' Custom Home Furnishin.s P P P P Cyber-caf.: P P P' P' Diye Shoo and Instruction as Accessorv Use P P P P Om. Store or PharmaCY p6.9.11 p6,9.11 p6.9.11 1"" GrOCery Store. Suoennarket C7 p7 p'.7 p6,7 Florist ~ ~ P' P' Hardware Store p6,J2 p6,12 p6,I2 p6.J2 Health Food Store P' P' P' P' Home Inmrovement Centers N N N N Jewelrv. Lu..a.e and Leather Goods P P P' P' Lumber Yard N N N N Marina pl2 pl2 p6.12 p6,12 Marine Customizin.. Detailin.. Service. Parts or Reoair N C6,I6 C6,I6 N Newsstand P P' P' P' Outdoor Green Market (City spOnsored) N N N P Outdoor Storaee or Disolay as a orincioal use N N N N Parkin. Lots for Connnercial Vemcles N N N N ParkinI!' Lot or Garal!e. Private Ownershin (orinciDal use) N N N N Personal Watercraft Sales. Rental. Service. Parts or Revak p'2 p'2 p'2 p' PhotOlITaDmC Studio and PhotOlITaDmC SUl>Dlies P P P' P' October 9, 2006 8 ZONE USE GROUPIUSE MU-Ll MU-L2 MU-L3 MU-H Restaurant. with Drive- Thru p6,9 p6.9 p6.9 N Restaurant. Sit-Down p P P p6 Sportin2 Goods p' p' p' p6 Tobacco and Accessories p p p6 p' Trailer - Vehicle or Marine- Sales. Rentals. Service. Rer>airs J'.! J'.! J'.! !'!. and Stora2e Video Rental p p p' p' WholesalelW arehouselDistribution N N N N Service Use Grouo* * Where oennitted within the MU-L Zones. onlv on lots fronting on maior arterial roadways BarbershoplBeautv Salon/Day Spa p p p' p' Dance Studio p p P p' Dressmaker or Tailor p p p p' Drv Cleaner p 6.8 p6.8 p6.8 EM FitnesslHealth Club p p p' p' Funeral Home C C C N Hospital N N N N Labor Pool Establishment N N N N Laundromat p' p' p' N Medical Outt>atient Facilitv p6 p' p' p' Nurserv. Preschool or Child Daycare p p p' p' Nursine and Convalescent Home C C C N Photocopy Center p p p' p' Self-Stora2e or Mini Warehouse C6,I5 C,,, C6,J5 N Shoe Rer>air r~ p6 p' p' Tattoo Parlor/Bodv Piercinl! N N N N SOUl> Kitchen/Substance Abuse Centers/Shelters/ Halfway J'.! J'.! J'.! !'!. Houses October 9, 2006 9 ~ USE GROUPIUSE MU-LI MU-L2 MU-LJ MU-H Entertainment Use Group* *Where permitted within the MU-L Zones. only on lots frontine on maior arterial or connector roadways Adult Entertainment N N N N Bar. Cocktail Lounee C C c' p' Billiard C1ubfBowline AlIevlIndoor Recreation Facility C' c' c' c' Bineo Hall N N N N Fortune Teller N N N N Movie Theater N N p' p' Nieht Club N c' c' c' Perfonnine Arts Theater p p p P Private Clubs. Lodees and Fraternal Oreanizations c' C' c' N Accessorv Use Drive- Thru Facility (other than accessory use to fmancial C' C' C' .t:! institutions and restaurants) Restncnon Notes: I. Must be Dart of a mixed-use develonment conmrislnl! a maximum 30 nercent of the lrrOSS floor area of the entire develonment. 2. For those with frontaee on an urban arterial or urban collector roadwav. allowed as a oennitted use if the Irround level floor frontinl! the roadwav is devoted to office or retail uses: otherwise. use is a conditional use. 3. Use shall be subject to the followinl! distance seoaration reauirements from similar uses. measured in a straieht line usin[! the shortest distance between Dfooertv lines: -For uses with less than 5.000 sauare feet of floor area. seoaration distance is 750 feet -For uses with a 21'085 floor area eOllal to or (!Teater than 5.000 sauare feet. seoaration distance is 1.500 feet. 4. Subiect to setback and bufferine reauirements as reconnnended bv the Technica] Advisorv Review Team 5. Maximum IrrOSS souare footaee shall not exceed 2.500 sauare feet. Storaee of postal vehicles orohibited. . Must be intelrrated into a mixed use buildine or develooment. Gross floor area of Irrocerv store must be a minimum of ]5.000 sauare feet and a maximum of 80.000 SQuare feet. 8. On-site drop-off and oick-UD only. .. Drive-thru facility. inc1udinl! stackine: lanes. must not be visible from Dublic ril!hts-of-wav and reQuires conditional use aooroval. Imzress/el!Tess shall not be from/to and arterial roadway. October 9, 2006 10 JO See Section 16 for rel!Ulations. II Not permitted on properlY with Federal Highway frontage in the MU-L Districts unless consistent with restriction note six (6). 12. Indoor storage/display only and shall not exceed 10.000 square feet. J) In COD1UDction with a oennitted marina use. Storage/disolav allowed only in wet docks or indoor area not to exceed 10.000 square feet. 14. See Section 15 forregnlations. 15 See Section 14 for ree.ulations. J6 See Section 17 for ree:ulatioDS. 17. See Section 18 for regulations s. Building and site regulations. ",.n. _._~.__._.".._. . xi,-iT 7f"'''= .~ .- -. Hetel - ---- -- ----l aere*- ___ - ;>,,-. -~ -- n c nnn -'---n .--- , 'J' , .,. - n- '-' .,.- --_._._-~- , -J' , , .,. - . H .-., -, , '-0' , .,. - ~ -,;: - , - --- , "" -~- =--:.1 ~- ~- '.J" -)-' --- -- -- -- - n - , - , ..-.---- ~~=f~--rLZ~;H7n~ --~._-------_.~--_. ------------- October 9, 2006 II ""- :..i ',' c; TO. ;J. ^ ~ , '00 ,- , - In ',1 c: ~C " I, ;, , ~ -00 - . n ,/\/\ " , 1/\/\" .TT. "^ h\KlT -0' - , ~ - -J> , ~ - ~ '1.1iBimum height OR aRY meol HeRtage is 35 feot. 'lRcludes all hahilable spaee, including reoidoRtiol wHI, (e"cluding par~aBg slruGturesj. '1.1aJ<imum heighl of HORI [aoode is 45 fl. aho','a which huilding amol Sl,,!, back a miBimam III fl. fur each addilioRal 511 fl. of height. '1.1ay inerease 10 ab..:e 75 fl. and 11Jlla 11111 fl., subieol 10 oeRdilieRa! usa "Jlpro"/al 10 ensura deoigtl aRd I""d Hoe oeHljlalibililie'. Multiple stery ImilaiRgs are oosellffiged withiR the FeaBflll Highway Cerrider Distriet, partieularly aleRg arterial r-eaaways. The iRtoot ef this pr-evisieR is te ereate the Rflpeamnse, er te simulate the iRlensity ef, a millimum ef a twe (2) stery buiIBiRg. o Oclober 9, 2006 12 ~-H-~I I Multiple slory Imildings are eaco_ged withia Ihe Fed..al High'>>ay Comdor Distriet, partieularly aloag arteRal reaEl'.":ays. The iDtent Elf this prsvIsien is to STeBte the BJ3peaFaBSe, er fa simulate the intensity af, a miBimum. €If a tY/fJ star; building. I. Porchea may be place furv:ard of the bHiMla Iiae aad shall maiataia a minim_lwa fool se!baek from aay poolie siae'.'Ialk. Porches shall be plaeed oHWide of clear sight !Fiaagle. MiniBlllm so!baok for a gllHlge fasiag or aseessmg the atreet is 20 f.,el. 2. Prejeeting feature(s), slieR as a':.'iHBgS. baleenies, porehes andler steeps, may be plaeea [aDvBnt afthe build to line aua shall maintaia a miniBlllm two foot setbas], from aay poolie sidewalk 3. One €IT mere prejeetiBg fcamre(s), StieR as a";,lfliBgs, baleeDies, eelonnades, perehes anOIa! steeps, refl\lHed fu",,'ara af the bni]d ta 1m. aaa shall maintam a miBimwB Ii'!e foat olellfaB.. !rem ""y yelrieular use area. Elomellls projecting ever a pedestrian \yallF.vay shall aJIs",.... a minimum BiBe feet "lertieal elearanee and a five feet herizomal ]3edestrian eleM-aHs8. 1. Where iBleBl is la widea peaestriaa walkway ia oaHljlliauoe '.vith SEetiaa 9.(d) LaBSoaping (bolaw). - T -;C;-' " -1' n ~ , 'J> , - , - --- ....-- ------. ~ , -Q' 'J, n , D_ ~ 'J> , ----_.,_.--~---- -- .~:1;. , -- --.- , -"-- "L - - - '" T' ,~o -=--- '_L ". ,~, T ~. 'J' , -- - -;- - - - T-F~ --+~-_.- ~~-~1 ..-- ---,. I. Plus eRe aEldiaanal [-oot :fer eaeh foot sf height over 15 feet where adjaeeHt to an eJ(isting, single family, aetaefled awelling,loss width of tile right afwa)'. ~ ~ ~ A ~ -=-[fru LZ_ONE ~_ U'.!_I__ZillfE J1 'f?-c;idont-iaf er L8dt':ingUs~~Up'_ L __ October 9, 2006 13 1. Subjeet t8 rSEjWrsmeBts sf any peHtlittiBg agensy bawling jurisdietisB s,,"er 6sBStR:letisB abutting the IBtraeestal '}laten:ay. 2. Plas eae adEliaeaalleet for ea." feet ef".ight e....r 15 Ie.t 'l.<h.r. .....ithia er ablllliag the}.lV L Zeae. 3. Fill..a (15) f".t abattiag a sln,.t, tea (J()) feat abattiag aa alloy. October 9, 2006 14 ~ z ~ ~ :I: p S e ~I ~ 6 <.> g '" - ~ z ~ E .., S .... N P 'S e <loi ~ .6 <.> 0 o '" .,., ,,- - ~ z ~ E .... S .... b p :~ '" ~I ~ .,., .... g .;:; ~ z ~ I - .... '" ~ tl <loi 6 '" 0 0 o"! 0 "0 ~ " ~ ~ p - " < " E ~ " .. ~ - " " " .. .. .. ..: r.. " - - .. " '"' .... .... .. w " S " E S S ~ ::J " ~ S " ';; '" 'S S ~ .~ 0 ~ s :g ..: '" < ,:Q po: " ~ g e '" w " '" B <.> g w '"' .(:: ~ ~ :=, ~ ol~'''!IJI J1 ~ ...'<:t"'<:t"M-t: 0 "" "0 ~ r.l Z ;:s 5 ;s ~I ~I (51 ~ -gl ~ o. o - .... o ~ " :3 ~ ~ fI'J .S ~I~ ~1-g1~1~ ~ ~ 2~~ K w '" 11.> ~ ~ '";"0..8 ..c: '" . 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" ~.B .5~ oS ~ 11 - 0 S '" , '0 ~3o;C '" i:i.i rI) v.I-~ oS i>: -~::>.o.- ". -;; ~ ] '" Cl$ _ 1--0 - ~ <.> .., ~ :c: IIJ o"Ei ~ '" c.. c l'l"s.o:= 0 '0 ,e '" If <.> -.0 .., 0 '" :g II '-1 i! 0 6 l:g 0 '" 1I).;:It- v.I.t:1 "0 N E r-"O ~ 0 "E ~ ~ '< ; e\t '" ,,;- l;g,gj~~gjlg,>g:~ " " " M E 0 " >'s's..' 's's~'-~ !'J '8 5 <>""""1'i""t.. "0.0..0 Q,)..o..o..o f]:::: 0: <.> ::.: i:i.i<<i>:<<<~..< 0 6. Rezoning of single-family residential zoning districts to mixed use zoning districts. All requests for rezoning from any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: a. Height, density and intensity of development based on the roadway frontage; b. Ratio oflot frontage to depth that is no more than one (I) foot (frontage) to 1.25 foot (depth); c. Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and d. Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zoning. 7. Mixed uses. a. Bnildings containing residential and nonresidential uses are required within the MU-H Zoning District for all properties fronting on arterial roadways, permitted and encouraged within the MU-L Zoning Districts. Mixed use structures are subject to the same development standards as "all other uses." b. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nomesidential uses. c. 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 factors as determined appropriate given the type of use. 8. Building placement, massing and 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. 9. Access. Within the MU-H and M..!J.-L zones, vehicular access to parking shall uot be directly from an arterial roadway, if an alternative is available. 10. Landscaping and Desien. a. Landscanine in the MU-H District. (I) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. (a) The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. (b) Trunks shall be a minimum four (4)-inch caliper and provide seven (7) feet of vertical clearance for visibility. (c) In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. (d) Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. (2) Tree spacing. (a) Trees shall be regularly spaced. The spacing of the trees shall be at a minimum of20 - 25 feet on center. October 9, 2006 17 (b) Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. (c) Tree placement shall match the existing pattern, where appropriate. (d) Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible. (3) Tree irrigation. ( a) Irritation systems shall be installed to service all trees and other landscape materials. (b) Irrigation systems shall be in operable condition at all times. (4) Sidewalks and li2htin.. (a) All new construction in the MU-H District shall provide new sidewalks. (b) Sidewalks constructed along arterial roadways shall be a minimum often (10) feet wide, measured from the rear of the curb. (c) Sidewalks and Ii.htin. shall, where practical, be Helhmd SJene pal't!1'S, Fed/eheFe8al eeloT m.. 2 8-) Pa-,eT Systems, }XE., af efjUill, laid in a 1 S heHingbeBe pattem 18 sBBtmae the consistent with the cmrent design elements in place along Federal Highway. (5) Flower containers. To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials shall, where practical, be planted and maintained along facades of new building fronting on arterial roadways in the MU-H District. b. Desil!D cOIDoatibiJitv. PrODosed DIOlects should conmliment existinl! or aooroved adiacent mixed use DIOlects in terms ofhei2ht. color. stvle massin. and materials. c. Maximum hei.ht and setbacks - Sky Exposnre Plane (I) No buildin. shall exceed the maximum hei.ht limits or the Sky Exoosure Plane (S.E.P.) excent as delineated below in Section (3). 2 All buildin s shall be built within the S.E.P. based on the ratio of six vertical feet to one horizontal foot 6 to I The base for delenninin. the skv exoosurc plane shall be from the buildin. setback at base hei2ht for buildin. fronts. and from the minimum buildin. setback for the side and rear elevations. October 9, 2006 18 Exhibit 1: Sky Exposure Plane bh - ksehelghtlltstJ'eetlevel . -HoriwIltaIdiitance v -Yer1kaIdlstalKt ,.Sdbod< REAR AND SIDE a -HoItzootaldlstanlll v - Vertlcllldlstance s - Setbilck (3) The following shall be deemed as allowable exceptions to the maximum height limits and S.E.P reouirements: (a) Balconies (unenclosed), canavies. trellises. landscaping, and flags: (b) Elevator or stair bulkheads. rooftop eonipmeot and related screening; (c) Uninhabited architectural elements; (d) Parapet not more than four feet high. 11. Parking requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section llH, of the Land Development Code. Chapter 2, Section Ill, shall apply only to the MU-H zoning district. Structured parking is preferred for all mixed use developments, and surface parking lots for more than 10 vehicles shall be prohibited in MU-L3 and MU-H zoning districts. In all Mixed Use zoning districts no surface parking lots shall be located adiacent to a public right-of-wav. a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and subsections 8.d. and 8.e. below, pennilting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent, as viewed from the street( s) that serve( s) as the main orientation for the principal building( s), in order to emphasize bnildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage, when possible, in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total 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 periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods. the percent of parking required shall be calculated and sie.ned bv a licensed traffic ene.ineer using "Shared Parkinl!. Second Edition ". V.L.I.. 2005. or other acceotable methodoloe.v. October 9, 2006 19 c. Freestanding parking garages as part of a mixed use development are pennitted within the MU-H Zone only. Within the MU-H Zone, free-standing single-use parking garages call not exceed seventy-five (75) feet in height, and shall not have direct frontage on Ba)'ftlon Beaell BOll1eyanl, O.ean AYOBIIe or Federal Higb-"ay, anv Dublic street unless the portion of the garage abutting these streets contains storefronts, restaurants or other pennitted norrresidential uses on the frrst floor. The intent is to border or wrap the garage in storefronts aDd other pennitted babitable floor area to a minimum depth of twenty (20) feet, so as to disguise the garage aDd create cODtinuity in street-level activity by maintaining interest for pedestriaus and passiDg automobile traffic. Principal structures that include parking garages sball be designed to bleDd the architecture of the garage with tbe remaiDder of the structure to create the ilIusioD that the garage is babitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, iDcluding structures providing parking OD lower floors and babitable space OD upper floors, are pennitted witbin the MU-H aDd MU-L ZODes. UDderstoryparking (OD the frrst f1oorofa structure) is pennitted througbout tbe MU-H aDd MU-L ZoDes for multiple-floor buildings. Such first floor parking areas, abutting OD artefial roadways anv Dublic roadwav_ are required to be developed for connnercial uses to a minimum depth oftweDty (20) feet. All other visible sides of the parking structure sball be screened from view by a IiviDg trellis (utilizing climbing vines) andlor architecturally articulated facade designed to screen the parking area. e. In order to increase the efficiency of parking provisioD aDd vehicle circulation, parking facilities sball be interconnected wbenever possible. Parking facilities sball, wberever feasible, be designed for future connectioD to an adjoining parcel where an existing connectioD cannot be established. !l12. Dumpster loeation. Dumpsters sball be adequately screeDed from view in a manner compatible with the surrounding environment. H13. Cireulation. Development sites witb froDtage OD Federal Highway, Ocean Avenue and BoyntoD Beacb Bonlevard shall be designed to discourage mid-block street crossings OD tbese streets. 13. Signage. Chapter 21, Signs, of the LaDd Development Code shall govern signage withiD the Federal Highway Corridor District. lJ14. Self-storage design requirements. a. LocatioD of self-storage use. Self-storage uses sball only be allowed above the frrst floor in mixed-use structure. b. Ground-floor retail uses required. Street froDtages of the ground floor area shall be devoted to ODe or more principal retail and office uses, Dot 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 arteria) roadway and must be screened from public right-of-way. October 9, 2006 20 d. Design of buildings. Buildings shall be designed to have the appearance of a multi-story retail, office and/or residential structme through the use of windows, shutters, and appropriate building elements on the upper floors. MIS. Live/work unit requirements. a. Minimum floor area. The minimum floor area ofa live/work unit shall be one thousand (1,000) square feet. b. Permitted floor area. No more than thirty "ereoal (311%) or fo.... huBere9 (100) seven hundred and fifty (750)souare feet. \'Imehe':er is goealer, of the live/work unit shall be reserved for living space, including kitchen, bathroom, sleeping aud storage areas. The rest of the gross floor area of each unil shall be reserved and regularly used for working space. c. Separation required. Each live/work unit shall be a separale unit from other uses in the building. Access 10 each live/work unit shall be provided from conunon access areas, conunon halls or corridors, or directly from the exterior of the bnilding. d. Parking. Each live/work unit shall be provided alleast two and one-half (2Y,) parking spaces. e. Permitted work aclivity. The work activity in a building where live/work units are allowed shaU be any use pennitted by right in the zoning districl, except thai in order to protecl the health and safety of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the pOlentiallo creale significant impacts by reason of dust, glare, heal, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. f. Occupational license required. AI least one resident of an individnallive/work unil 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 renled 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 connnercial or exclusively residential use. No conversion of all live/work units in a single structure 10 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 connnercial use be permitted where the live portion of the units is the ouly residential use in a project. 16. Antomotive Service Station requirements. a. Location. Must he a Dart of a mixed-use develoDmenl10caled al the inlersections of roadways consistin. of four lanes or more that are classified as an "arterial" or Hcollector" roadway on the City's adooted Roadwav Classification MaD. b. Access. Oulyone access driveway is allowed from each maior street fronta.e. Drivewavs shall be located a minimum of 50 feet from the intersection unless county or state standards reQuire a greater distance. c. Selbacks. Buildin. setbacks shall meel those required bv the zonin. district. d. CanODY location. CanODY structure over the fuel DumDS shall be located either to the side or rear of the sales office building. e. Storage. No outside storage of materials. DartS. and no overnight storaee of vehicles outside f. Accessory Uses. October 9,2006 21 1> Shall reouire a conditional use approval. 2. Mav include vehicle washine (twmel car wash) and minor revairs limited to se<vicine and installation of tires. batteries and accessories. lubrication and oil chaoe:es. 3. Hours of ooeration - 7 a.m. to 7 O.m.. Mondav throueh Fridav and 7 a.m. to 12 noon on Saturdav. No Sundav oneration of accessory uses. TIris restriction does not applv to the sale of convenience items. e. Overhead doors. Overhead doors shall not be visIble from anv maior roadwav frontaee. 17. Automotive Reoairs IMlnor) reoulrements. a. Location. Shall he a Dart of a mixed-use develoDment b. Access. Shall not be directlv from anv maior roadwav c. Storae.e. No outside storae.e of materials. parts. and no ovemil!ht storae:e of vehicles outside. d. Overhead doors. Overhead doors shall not be visible from anv maior roadwav frontaee. 18. Street Vendors re!!ulations. a. Licensimz. I. All street vendors shall obtain a license from the Citv's Occuoational Licensine Division and shall diSDlav same at all times when conductine business within the citv. 2. Said license shall reauire aooroval ofvendine station desiro. 3. Licenses mav be revoked followine five (5) valid comolaints aeainst the business. b. Location. 1. Street vendors ooeratine on Drivate pronertv shall reauire apvroval from the DrODertv owner. 2. Street vendors ooeratine within the oublic rieht-of-wav shall not conduct business from a location within intersection crosswalks. block or obstruct access to handicao curb-cuts. or obstruct oedestrian Dassa!!e on the sidewalks at anv time. c. Waste removal. Each street vendor shall DTovide waste disposal containers. and shall remove all debris created by his/her business dailv. 1619. Definitions. The following are supplemental definitions applicable only to the mixed use zoning districts, and, therefore, in case of conflict, take precedence over definitions in other portions of the code. Accessory 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. Accessary apartments shall comprise no more than twenty-five percent (25%) of the total floor area ofa single-family dwelling, and shall in no case be more than seven hundred fifty (750) square feet. Antique shops or Auction house. Any premises used for the retail sale, trading or auction ofartieles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop or Auction house does not inelude "secondhand store" or auction of used merchandise. Automotive Revairs (Minor). Providine renlacement or reoairs to automotive tires. batteries. accessories. Includes lubrication. oil chanees. reoairs to air conditionine. non-eneine and exhaust related service and repairs. but not October 9, 2006 22 including engine overhaul and/or replacement of internal parts of enl!ines. body and fender work. paintinl! and customizing. Child care facility. An establishment that provides care, protection and supervision for children on a regular basis away from their primary residence for less than twenty- four (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 whiJe parents or custodians are occupied on the premises or in the immediate vicinity. Coffee house. An informal cafe 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 furniture and decorative objects built to a buyer's specifications. Cyber cafe. A coffee house that provides patrons with computer terminals for browsing the Internet for a fee. 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 np to a full day. Fitness/health club. A commercial recreation and entertainment facility or private club which 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 accessory uses to the principal use. Fortune-teller/psychic. Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Halfway house. A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. Hotel. A building or portion thereof containing F.VOBly (29-) fifty (50) or more guest rooms, efficiency units or suites desigued for the temporary lodging 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, boutique. A small luxury hotel containing ten (10) to meBly (2ll) fifty (50) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. Hotel, extended stay. Any all-suite hotel that provides visitors with a full kitchen and more than five perccnt (5%) of its rooms are occupied for at least thirty (30) days and no more than one hundred and eighty (180) days. 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. Listed Historic Structures. Includes all structures listed as elieible for designation in "The Citv of Bovnton Beach Historic Sites Survev" as prepared bv Research Atlantica. Inc. SODtember 1996. or anv subseauent uodates to that studv. In the Mixed Use zonin2 districts. the structure mav function as its intended use or be adaoted to other allowed uses. nrovided the exterior of the structure maintains its oril!inal architectural intemtv. notwithstanding: anv modifications necessary to meet the reauirements of the Americans with Disabilities Act (ADA). Live/work unit. A commercial unit with incidental residential accommodations occupying one (I) or more sleeping October 9, 2006 23 rooms or floors in a building primarily designed and used for commercial occupancy and providing: I. Adequate working space reserved for commercial use and regularly used for such purpose by one (I) or more persons residing in the unit; 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, but are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Mixed use development. f. eomlliBatien aftw. (2) or maro "Ge" an e oing1e pareel, lFaet er aeyel.pment pea. In the MElea Uoe High Inte""ity ZaniBg Dismot, this "hall eansi"t ef a struolure er seRes ef struelllre" oaBtaining Jetail afliee ana JeGiaBBtioJ ..ses BJl'BBgea '.'emeally. In the Mixea U"e Le'" Intensity BBa gnburbBB MiJ<ea Use ZeniBg Di.mets, miJ<ea ..so oan Jefor net enly Ie ..ses within siBgle b..iIEliBgs, but te EIilfeJent..ses miJ<ea in olese pJeJ<imity in. single dB'lelepmeat. The develODment ofa sinele buildine OJ sin!!le parcel 10 contain two OJ more of the followin!! types of uses: residential. retail/commeJcial. office or institutional Mixed uses mav be combined verticallv within the same buildine or placed side bv side on the same parcel. provided that thev are in close proximity. planned as a unified and comolementarv whole and functionallv inte2Jated to make the use of shared vehicular and oedestrian access and oarkinl!: areas. Motel. A building or group of buildings desigued to provide sleeping accommodations for transient OJ overnight guests. Each building shall contain a minimum of ten (10) residential units OJ rooms, which genernlly have difect access to a parking lot, street, drive, court, patio, etc. Newsstand. A stall, booth or stOle where newspapers and magazines are sold. Ni"ht Club. A facility ODerated as a commercial establishment in which eatin!! and/or drinkin!! takes place. where alcoholic bevern!!es are seJVed and wheJe the provision of entertainment is the orimarv activity. Entertainment includes music by a live musician or nmsicians. or any mechanical. electronic. or other means such as records. laserdiscs. audio. video. or other audio or audio-visual means. Includinf!' actin!!. olav oerfonnances. danCin2. SODQ and dance acts narticioated in bv one or more enmlovees. 2uests. customers or other nerson or oersons An establishment that provides back2Tound music. which is c1earlv incidental and allows for normal conveJsations levels. shall not be considered a nicllt club. Package liquor store. An establishment where alcoholic bevernges are dispensed OJ sold in sealed containers for consumption off the premises. Private Clubs. Lod"es and Fraternal Orl!anizations. A facility used to house a Je"isteJed non-profit or not-for-profit social. snorts or fraternal orf!'anization for the orimarv OUTDose ofhavinl!: orivate meetines for their membershio. and mav include the servin!! of meals and/or alcoholic bevera!!es for the exclusive use of the members and theif 2Uests. and where access to the l!eneral Dublic is restricted. Recreation and entertainment, indoor. ~'\.n establishmeBt efferiBg reereatien BBa eBter-taimHent ta the general publie witIHn BB onolasea builaing. An enclosed buildin!! which is Princinallv used for !!ames and other recreational PUTPOsed. and which is ooerated on a for orofit basis. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centelS, dance studios, court sports and swinuning pools. Recreation and entertainment. outdoor. An outdoor area which is orincioaUy used for active or oassive recreation. and which is ooerated on a for orofit basis. Such uses include tennis centers and swinnninl! Dools. Residential, multi-fami/y. A building containing three (3) 01 more dwelling units that cannot be classified as single- family attached. Residential, single-family, attached. Two (2) OJ mOle one-family dwellings attached by common vertical frrewalls, OctobeJ 9, 2006 24 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 townhornes. 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. Skv Exposure Plane. A "skv exposure DIane" is an imaginary inclined DIane beginning at maximum frontae.e height and rising at a ratio of vertical distance to horizontal distance as set forth in the Mixed Use zoning regulations Soup kitchen. A facility providing free or very low-cost meals or distributing free or very low-cost, pre-packaged foodstuffs to the public as part of a charitable activity, program 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. October 9, 2006 25 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 06-170 TO: Chair and Members Planning and Development Board Community Redevelopment Agency Board Mayor and City Commissioners Michael W. Rum~\.J't/ Director of Planning and Zoning FROM DATE: September 1, 2006 Mixed Use Zoning Districts (CORV 06-002) Conversion of Mixed Use--low (MU-L) to Mixed Use-Low 1 (MU-Ll), amendment of Mixed Use-High (MU-H), and establishment of the Mixed Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3) zoning districts. SUBJECT": NATURE OF REOUEST Staff is proposing amendments to the Land Development Regulations, Chapter 2, Section 6. F. Mixed Use Zoning Districts, based on discussions held and Input received in pUblic workshops held during 2005 with the City Commission, the Community Redevelopment Area Board, and the public. The proposed amendments are attached as "Exhibit A", with the changes shown in strike-through (for deletions) and underline (for additions) format. BACKGROUND The Mixed Use zoning district regulations were adopted by the City Commission in June 2002, primarily to implement recommendations of the Federal Highway Corridor Community Redevelopment Plan. Several minor amendments have been made to the regulations since their adoption; however, as the Community Redevelopment Agency moved it's focus to other portions of the redevelopment area, it was realized that adjustments needed to be made to the original Mixed Use regulations in order to implement the more recently adopted redevelopment plans, which include, the Heart of Boynton Community Redevelopment Plan, the Federal Highway COrridor Community Redevelopment Plan, and the Ocean DIstrict Community Redevelopment Plan. ANALYSIS The major change in the proposed code amendments is the division of the Mixed Use-Low Intensity zoning district into three distinct low intensity districts; Mixed Use-Low 1 (MU-Ll), Mixed Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3). The MU-Ll district has the lowest intensity in terms of uses, density, intensity, and maximum height ailowed, and MU-L3 allows the highest intensity, although It is still less-intense that the Mixed Use-High Intensity zoning district. Whereas in the existing regulations, the densities and intensities are controlled solely by the classification of the roadway providing frontage for a project, the proposed regulations are also based on geographic boundaries finalized during the above mentioned public meetings. While roadways providing frontage is still a factor, it Is no longer the sole location criteria. The Page 2 CDRV 06-002 Mixed Use Zoning Districts Mixed Use-Low zoned districts will correspond with the "Mixed Use" land use classification, and the Mixed Use-High district will continue to correspond with the Mixed Use-Core classification. The "Schedule of Permitted Principal, Accessory and Conditional Uses" was also reviewed and revised with some of the more intense uses being permitted in only the more intense zoning districts. Several uses, heretofore not allowed, such as "Automobile Fuel Sales", and "Automotive ReDairs (Minor)" have been added to the schedule along with specific design and location requirements for those uses. These provisions are proposed to keep needed services near the future population center of the redevelopment core. The restriction note for "Grocerv Stores. SUDermarkets" has been amended to allow a larger sized store to be developed. This was based on research indicating that the maximum size currently allowed is less than what most supermarket chains are currently willing to develop. This amendment will also allow for the redevelopment of the Sunshine Square and Publix store in accordance with the vision for the city's urban area. The requirements for Shared Parking analysis have been updated to reflect a more recent study prepared by the Urban Land Institute (UU) in 2005. Currently, the requirement is that the analysis be based on a study released in 1983. Rnally, amendments are proposed to the "Definitions" section for the districts. These changes include adding or modifying the following definitions: "Listed Historic Structures" (which are exempt from setback regulations); "Mixed use development'~ "Night Club'~ "Private Clubs, Lodges, and Fraternal Organizations'~ "Recreation and entertainment, Indoor'~ "Recreation and entertainment, outdoor~ and" Street Vendors'~ RECOMMENDATION It is staffs opinion that the proposed code amendments follow the directives of the City Commission provided at the public workshops and therefore recommends approval. Exhibits S:\Plannlng\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 06-002 Mixed USe Zoning D1strtcdts.doc EXHIBIT A F. MIXED USE ZONlNG DISTRICTS. 1. Intent and purpose. The mixed use zoning districts allow for a diversity ofland uses, and acconnnodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses on assembled parcels within the Connnunity Redevelopment Area. All development and redevelopment shall require a site plan approval to be processed concurrently with the application for rezoning. The objectives of the mixed use zoning districts are as follows: 3. Support and enhance revitalization efforts in the city's traditional commercial core area; b. Create majer He7: resiaeatial aHa mined \lse areas Allow for commercial services to be Drovided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments through appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the development 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 geographic areas, east of 1-95, identified oil 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 !we four zoning districts: Mixed Use-High Intensity (MU-H), Mixed Use-Low Intensity I (MU-Llt Mixed Use-Low Intensity 2 (MU-L2t and Mixed Use-Low Intensity 3 (MU-L3l. Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and its relationship 4> the downtown. Heights, densities and intensities of development are regnlated according to the classification of the roadway along the frontage of the property and proximity to existing single familv zoning districts . A Mixed Use Low zoning district mav be located onlv on lands designated Mixed Use (MX) on the City ofBovnton Beach Future Land Use Map. The Mixed Use High zoning district may be located only on lands designated Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. (I) Ujo8B ad8pti8B 8ftThe Mixed-Use C8fe (MX C) laud use e1assilicati81l, this High Intensity (MU-H) zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for developments that provide for high density residential in addition to retail conunercial and office uses. (3) The district allows a maximum height of one hundred-fifty (150) feet and a residential density of eighty (80) dwelling units per acre, provided that all new developments within this district that front on streets designated as "arterial" or "collector" roadways" on the Functional Classification of Roadways Map shall contain a mixture of retail, office and/or residential uses arranged either vertically or horizontally. Single-use proiects fronting sole1v on other streets within this district shall reQuire conditional use approval. b. MU-L (Mixed-Use-Low-Intensity) Zoning Distric~ Mixed Use-Low Intensity I (MU-Llt Mixed Use-Low Intensity 2 (MU-L2t and Mixed Use-Low Intensity 3 (MU-W). October 9, 2006 (1) 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 area and classified as Mixed Use (MX) on the Future Land Use Map. (2) The MU-L District~ isare appropriate for low- to mid-rise developments that provide for medium density residential uses. (3) The district~ allows a maximum height of seventy-five (75) feet and a residential density of forty (40) dwelling units per acre for mixed use projects. (4) Building heights between seventy-five (75) feet and one hundred (100) feet may be permitted for developments abuttine: the Mixed Use HiRh zoninl! district. if reviewed as a conditional Use. (5) The review of these applications will emphasize aesthetics and design qnality, and physical compatibility with adjacent land uses. (6) All new developments within this district that contain a mix of uses shall front on slreets designated as "arterial", "collectorn, or "local collector" roadways" on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally. (7) Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. Uses. a. The following table identifies the permitted, restricted and prohibited uses within the mixed use zoning districts. b. Uses are classified as Pennitted "P," Conditional "C," or Not Permitted "N." C. Uses permitted with restrictions are followed by a nurne",l that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. d. 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; provided, however, such uses are not expressly identified as conditionally permitted or not pennitted in any zoning district within the city. TABLE 6F-l SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES - "rTT T T n _~ ~ ~. _L"_ G N .~ TT_>_' ._"- N G" ~ ~ --,- -.. II- p .. N -~ N ---- N N , , p N , , P G 'LT.' n. .". p IP-;'~ , -- ~ IN If ;-T '-' , u, .TT. ,> p ~ - October 9, 2006 2 dT,' IF= IF= .. . lJ. 'or ~"'"' P I' t, ,trl. "" P ~ P fl u. P' 12'" Io~T' P' IF ,T..\ G"'" ~"T" fl P" fl P .L>i. IF ill 11. ,ITT ~ P' IF' , . . fl" I'V lL en .u: "~rl: 101, . oJ. . . pv pv 01 p" IFv . . IF" ~ <'_I. LL ." ~1 , In', " ..: ~- ',' , <'.. P" IFv . . ~ N 'A . o.L pv ~ LA' p.v IFv ,1. N N A . A A IF" p" Ili ~. pv pv , , N ~ .1 iii jt>t p= P= ".11 P" IPv , pH ~ P" p" pv p" <" .T' ~ ~ ,I IN G A P" flv , , ~ N ~ pv P" If' Ilv IFv P" IPv October 9, 2006 3 IF" n -. f'..L ,,< ~ -- - -- ;;0-'--- - - - -- iP" _ T IF --- 12" -~'-~'-'~ p~ IP. -----~ ~- -- N f!+ prm_____ , --'~ '- M fi"- P" -- ------ "'- -"'----'- - 12"- - 12" ,~ " ~--- -. ~" -- N IN -.-_. .-- -..1 ~ IN - --. ~ ~ .__n__ -- 12" f!" IN -- N -- --- N ~ , ~ G _ <'-,. n 0' p" , , , _n 12" -- ...1 IP" '.L IN ~- , -.- -- -- !P" , 12" J!6 - 126 f!" 12" f!" "."- N , , N n ~- _n , IN --- , , IN ...1 n , IP" ~ P" ._-,,--" - -- _m ~. IN om ---~ -. r<_ -* ... un T ." , -J L -' -,' F" IF" -- 112" - - 126 __._.~_. - n' __ 112" ,--- P" p- IP"'" - !P" !P" .--.-- ~ m_ ~ U, . N IN N IN - 12" IN - .-. 12" 112" , p6 ~ IN IN October 9, 2006 4 112" fl" ,"0'" . . IG~ N 112" fl" n++ N ~ .1 N ~ m~. .ITT_"'. .il :.L' .t, , ., ,~+. '.' N N . T G" ~b , ~" ~b . . '0 -,. n11 IN IN N ~ N ~ ,,; o-h+l' L..h N G b P -'- -' [;" ~b , . . ~' r 'J -' -, 'J Restriotien Neles: 1. Musl be an inlegr.1 part ef a mi"ed use deyelopmeHlse1B]3rising a meJtinnnn eOI) peroent efthe greos lIeer area of the enlire eeyelepment. 2. Fer these V\>ith fronlage on an arteFial reaEl, allewed as . pefHlilted use if the groand I.'lel fleer ftenIiBg the aReasl is Elevated fa eftiee Sf retail uses. Other....:ise, llse is a tBBwtieaal use. ~. ~::: :ha~ be ,Ilbjest Ie the follewing dislanoe se.paratien reEJUiremenls frem ,imiIar uses, measured in. a 'tFaight line ll,ing the sherte,t di'lanse belween prepefly lmes: Fer use, v.>ith les5th.n 5 (lOll sEJll"re feet eflleer area, ,51) feet; Fer uses with. gFass lIaar area eEJll"1 to er grealer than 5,0(1) gross sEJUilTe feel, 1,51)1) reet. 4. Soojest 10 selllaok and buffering reljHHemenls as reoe_eBded by the Tedmisnl Re':iew Cennnillee. 5. M..aml1Hl gros, 'EJUare feetnge afoweMe shall net e"seed 2,5(l1) square fuet. Sler...ge efpeotal yehieles prohibiloe. G. Must be integmled inte a sa_ersial or mil,ed use doyeIepmeHllIBd ..et ,:,[~eed 311 peree.HI 0;::' gro:efleer area of the eatire de~lelel3meat, esnstmetea Vlithin the same stnleture 85 the JeI'lRl-~-g eemmefGtal e fee ~ eo'/elopment. 7. Grass fleor area of grasef}' slere must be a miBimllm ef l5,(l00 sEJUare fuet IIBd a maximum e09,000 square feet. 8. On oile Elfop elf ana piok llJl ealy. October 9, 2006 5 9. Drive th:u facilit,., induding s!<lol[ing lanes, _Gt he screened from puhlie right of wa,. and requires conditional ll5<Hlpproval. IngreGs/.gr." shall not b. Ham/te an arterial roadwa,.. 19. Shall oe"'l'l)' veith provisionG of Chapler 2, Sec. II.L, pertaining 10 retail sale of gas olin. or gasoliae pro duels. I I. Nol permitted on properly ',vith Fedefal Highwa,. Fronlage in Ihe MV L Zeae unleGs censiGleat with rostrictiea aate number .ill (6). 12. ladaor .torago/diGpla,. .hall nel e'<G.ed 19,900 square feel. 13. In eonjnne:tion 'sith a permitted marina use. Storage/display alla'Ned only in 'Net docks or indoor not to em:eed 19,000 s'!Hare feel. 14. See Seotian 14 for rogu1atiens. 15. See Section 15 forregulatiens. ZONE USE GROUPIUSE MU-Ll MU-L2 MU-LJ MU-H Residential or Ladf!inf! Use GrouD Bed and Breakfasl C C N N Boutiaue Hotel N N C c;6 Holel N C C P Home Occupation P p p p Mohile Home N N N N Motel ~ ~ N N Residential. Sinele-FamiIv. Detached N N N N Residential. Sinele-FamiIv. Attached p p p p Residential. Multi-Familv p p p p2/c' Board and Romnine House (exceot as movided bv state law) N N N N Accessory Unit N N N N Live/work Unit p" pl' pi' pi' Communitv Facilities Use GrouD Colle!!e. Universilv. Semina", and accessory uses P P P N Government Office/Civic Cenler/Librarv P P P P Recreation. (outdoor) p p p N Museum and accessory uses P P P P House of W orshio p' p' p' pl,3 October 9, 2006 6 ZONE USE GROUPIUSE MU-LI MU-L2 MU-LJ MU-H Police or Fire-Rescue Station P P P P Postal Center (retail sales onlv) p' p' p' p", Post Office N N C C Public Park P P P P Publiclv-owned Parkin. Lot or Gar..e (DrinciDa1 use) P P P' P' Office Use Group' 'Not encoura!!ed as a fITst-floor use in the MU-H Zone Banks. Financial Institutions P' P' p'" p',9 Medical or Dental Office or Clinic P p P p' Phvsica1 Therapv Clinic p P P p' Professional Business Office p P P P Veterinarv Office or Clinic P P P p' Sales and General Commercial Use Groul} * * Where Dennitted within the MU-L Zone. only on lots frontim!: on maior arterial or connector roadways Alcoholic Bevera!!e Packa!!e Store p' p' p' p' Ammunition or Fireann Sale or Rental (principal nse) N N N N Animal Boardin!! or Kennel (principal/accessoTY use) c' c' N N Animal Groomin. P P P p' Pet Sales P p p' p' Antioue StorelFine Arts Antioue Auction p p p' p' Arts. Crafts. Hobbv and Framing p p p' p' . Auction House N N N N Automotive Fuel Sales with/without Vehicle Service N N c',IO c'-IO Automotive Parts Sales p.,1 pl.6 pi,. p", Automotive Renairs(Minor) N CI,I6 Cl.lfi N Automotive Sales with Display N N pl2 pl2 Bakerv. Retail/Specia1tv Foods! p P p' p' Boat/Marine AccessorieslRental/Brokera!!e pl2.13 pllo13 p6,12.13 p6.I2.13 Bookstore p p p' p' October 9, 2006 7 WNE USE GROUPIUSE MU-Ll MU-L2 MU-L3 MU-H Building Suoolies or Materials N N N N Bus Terminal N N N C Clothing. Shoes or Accessories Boutique P' p' p' p' Contractor's OfficelEquioment Storage N N N N Coffee Shoo P P p' p' Convenience Store p' p' p' p' Custom Home Fumishilll:!s P P P P Cvber -cafe P P p' p' Dive Shoo and Instruction as Accessorv Use P P P P Drug Store or Phannacv p6.9,1l p6,9,11 p6,9.t1 p3.6 Grocerv Store. Supennarket C7 p7 p6.7 p6.7 Florist r r p' p' Hardware Store p6,I2 p6,12 p6,12 p6,12 Health Food Store p' p' p' p' Home Inmrovement Centers N N N N J ewelrv. Luggage and Leather Goods P P p' p' Lumber Yard N N N N Marina pl2 pl2 p6,12 p6,12 Marine Customizine:. Detailing, Service. Parts or Reoair N C6,16 C.I' N Newsstand P p' p' p' Outdoor Green Market (Citv soonsored) N N N P Outdoor StoraS!e or Disolav as a oOOdool use N N N N Parking Lots for Commercial Vehieles N N N N Parking Lot or Garage. Private Ownership (orincipa1 nse) N N N N Personal Watercraft Sales. Rental. Service. Parts or Reoair pl2 pl2 pI2 p' Photol!faohic Studio and Photul!fllohic SupPlies P P p' p' Restaurant. with Drive- TInu p'" p'" p'" N Restaurant. Sit-Down P P P p' October 9, 2006 8 ZONE USE GROUP/uSE MU-Ll MU-L2 MU-L3 MU-H Soorting Goods p' p' p' p' Tobacco and Accessories p p p' p' Trailer - Velicle or Marine- Sales. Rentals. Service. Reoairs t:! t:! t:! t:! and Storage Video Rental p p p' p' WholesalelW arehouselDistribution N N N N Service Use Grauli* · Where Dermitted within the MU-L Zones. onlv on lots fronting on maior arterial roadways BarbershoDlBeautv SalonlDav Soa p p p' p' Dance Studio p p p p' Dressmaker or Tailor p p p p' Drv Cleaner p6,8 p6,S p6,S I'M Fituess/Health Club p P p' p' Funeral Home C C C N HosDital N N N N Labor Pool Establishment N N N N Laundromat p' p' p' N Medical Outuatient Facilitv p' p' p' p' Nurserv. Preschool or Child Davcare p p p' p' Nursing and Convalescent Home C C C N PhotocoDv Center p p p' p' Self-Storage or Mini Warehouse c'-" c"" C6,15 N Shoe Reoair p' p' p' p' Tattoo ParlorlBodv Piercing N N N N SOUD Kitchen/Substance Abuse Centers/Shelters! Halfwav t:! t:! t:! t:! Houses Entertainment Use Grouo* 'Where oermitted within the MU-L Zones. onlv on lots fronting on maior arterial or connector roadways Adult Entertainment N N N N October 9, 2006 9 WNE USE GROUPIUSE MU-Ll MU-L2 MU-L3 MU-H Bar. Cocktail Lounge C C C6 p6 Billiard ClublBowling Allev/Indoor Recreation Facility C6 C6 C6 c' Bingo Hall N N N N Fortune Teller N N N N Movie Theater N N p6 p6 Night Club N C6 c' c' Performing Arts Theater P P P P Private Clubs. Lodges and Fraternal Organizations c' C6 C6 N Accessorv Use Drive- Thru Facility (other than accessory use to financial C' !;;' c' H institutions and restaurants) Restriction Notes: 1. Must be Dart of a mixed-use develooment comorisimz a maximum 30 vereent of the eTOSS floor area of the entire develooment. 2. For those with frontae:e on an urban arterial or urban collector roadway. allowed as a oerrnitted use if the lZI'ound level floor frontinl! the roadway is devoted to office or retail uses: otherwise. use is a conditional use. 3. Use shall be subiect to the followinl! distance senaration reauirements from similar uses. measured in a straight line using the shortest distance between proocrtv lines: -For uses with less than 5.000 square feet of floor area. separation distance is 750 feet: -For uses with a grOSS floor area eoual to or greater than 5.000 souare feet. seoaration distance is 1.500 feet. 4. Subiect to setback and buffering requirements as recommended bv the Technical Advisory Review Team. 5. Maximum gross square footage shall not exceed 2.500 square feet. Storage of postal vehicles prohibited. 6. Must be integrated into a mixed use building or development. 7. Gross floor area of grOCery store must be a minimum of 15.000 square feet and a maximum of 80.000 sauare feet. . On-site drop-off and pick-up onlv. ,. Drive-thru facility. including stackiilg lanes. must not be visible from public ri""ts-of-wav and requires conditional use approval. Imrressleeress shall not be from/to and arterial roadway. 10. See Section 16 for reguJations. II. Not permitted on proocrtv with Federal Hi""wav frontage in the MU-L Districts unless consistent with restriction note six (6). October 9, 2006 10 12. Indoor storage/display only and shall not exceed 10.000 sauare feet. 13. In couhmctiou with a permitted mariua use. Storage/display allowed only in wet docks or indoor area not to exceed 10.000 sauare feet. 14. See Section 15 for rel!Ulations. 15. See Section 14 for rel!Ulations. I.. See Section 17 for rel!Ulations. 17. See Section 18 for ree:ulations s. Building and site regulations. In ,n, T hI..rr u nr Hetel l- I -< , A , - .'J> , '-" I- .,,,,,,, A ,~T. . - nJ' , , .-" I- .,,,,,,, , - "J' , '-" C- . n. 0< A , , , "r " I,,,,,,,,, " , , ~.rrTl\,r.T 1< , , ..,. - n '" . .." - "'''': ... .0"" rT Ii, -r , - '-J' ~ - , "J> ~ - , '-c 'J> :...... ~... _\ I (}{) " , October 9, 2006 11 ~Jl Other ~~___ ------~=_=-~_ =1100 ft. _ =:J ~=--=I- . 'MiBimllffi height eR aR)' streel freBlage is 35 feel. "-Iaelmles all habitable s~aoe, inoludiHg resideatial"",ts (e".hlding ~ar~""g slffiolures). "l.h"......... height of froal facade is 45 ft. aeeye ';:meh building "",st sle~ eaok a mini_ 19ft. fer eaoo additioaal 59 ft. efheight "May inerease to allo':e 75 ft. aad \ijl te '190 ft., 'Hbie.l to ooaditio"al Hse a~~ro"allo eas",e desige aad land Hse eeHlflatibilities. Multiple star)' buihlings are eneearaged ',yithin the Pederal High'Nay Corrider District, partieularlyalong arterial roadways. The intent ofthis pro:'is!on is to ereate the appearance, er to simulate the intensity of, a miniHmm of a two (2) stery IHulding. o S;:;:~1~;~UMB=;H~ i October 9, 2006 12 D. ',' IL ".. fT'Ht , - , r- ~ _1'.....1.. U. ;,. lOA" A ['"""=. , .A '1L&' gA~ , ;,.. .. 1- _L r ,,- _L ,.. L , ~ Multiple otery buildiHgG ere eaeeuraged y.'itIHa the Federal Highway Cemder DlOtnet, pameularly alo~ arterial road','..ays. The intent ef this flf13yisioR is ta create the appearance, Sf ta sUl'H:llate the mtenslty sf) a HlHllmUffi af a twa Gtary blli1diHg. I. Perches may be place fOP,yard of the bllild te line and sI.all maintain a miBimum two feet sethaek frem any poo!ic . d '''alk Perches shall be pia. eel entsiEle of clear sigltt tnaBgle. MmlBtWH selbae1, for a garage memg or aeeesomg 51 e.. . the street i. 29 f<let. 2. ProieetiBg reaOOeCo), sueh as awtUngs, baleonieG, porilh_s ami/or.stoopo, BUll' b_ plaeeEl ferward efthe builEl te liBe and shall maiBtain a minimum 1>:.'0 feet setback from aB)' poohe G,Elewalk. 3. ODe Sf more J:1rejeoting kature(s), sl1sh as a~'ftings) baleenies. 6olsBBades, fJsTehes andle~ steeps, FellaH-ed j; EI f th b .Id t liBe anEl shall maintaiB a miBiBBtm fl'.e foot eleanmee frem alt)' y_ltiell1ar 115_ area. Elements 6F\.Vare em a '. h' I proie.ling OYer a peElesman wallEWay shall allo?: a IBittimam BiBe foet yemeal ol_arattee aaEl a five foot e""oBta p_Ele.man e1eanmce. 4. Where iBtent is to ',yiEleB peElesm... '.yaO""a)' iB eelBJlliaB6e "",<itb. gEetioB 9.CEI) LIlB!)6l1JliBg (belo'.y). ]. PIIlB OBe aElElilioBBl feot for _aelt foet efheigltt over 45 feet ....,befe aEliaeent to RB eltistiBg, siBgle family, EletaeheEl d>....alling, 10so wiEltlt oflbe rigltt of way. lDD . T h>. I. T - ~ .- . t-- +. ~ ~ ID. "J' October 9, 2006 13 r ..~~.---=- ential, Single Family, :\ttaohed 1. .8uejeet to requirements of any permitting agency ha':ing jurisdiction oyer GOBstruetioH abutting the lntraoostal ".'at61"\\'-8)'. 2. Ph" en. additiana1 faet far .aeh fa at afh.ight 8',.r 15 fe.t.....ll.r. '.vithin ar ,belling tIl. MU L Zen.. 3. Fift.en (15) feet ,belling a stroet, t.n (10) fe.t abutting ,n all.y. October 9, 2006 14 ~ ~qqV)q~ ~ h ~VVM_ = ~ ~ il =goooOI'S1 ~ ~OO~N '" ~ N ~ ~ ..JO ir... :1 ~ ="'N ~- ~ ~ ~ 0 o .. '" ,,~ ~ ~ ~ ~ ~ .1 ~ i . .. ~I '" 0": "0 ~ ~ ~ 0 .... "8 ~ :1 ! ~1~~1 ~"tjg) 0"1 g 91 r u "0 I-,.rl! l'J .~ ~ oil '" <>- ~ o.! 8 -- S I~~ S 4!. B~ ~ 0 " ..!o~.t:2 ..clO~ 1:~e ~=15 .~ :3 ~ l'Jli .. ~ ~ P~~0 ~ ~[< .~ i .. ~ !I~j.f " " of ~Il ~.~ c i ~ l:l of ~ " Gl .s ] ~~ l::l I:: 1 8 of i ~ s 'ol~ ~ N ,.. i ~ . 'ii '" a ~ !l ~ ~ ~. ~~: I~ l:l 'a of ~ " ~ c ,.. =It" ... 1;- ... ~ ~ ~ k = <ci ~ ~I~I ~I ~I '" ~I ~ 0 - 0 ~ ~ .., <ci ~ I~I ~I~I ~I 0 <ci ~ 0 '" - '" 0 ~ ~ .... o;l <ci ~ -. ~I ~I~I~I 0 ::E <l:: ~ V> S '" 0 ~ ~ P. - <ci ~ <l:: 0 0 <ci P: ~~I ~ ~I 0 ::E <l:: <ci<ci ~ '" '" '" s '" '" '" 0 It IE' c I ~ .... 0 " :-1 0 "" .. g :l 2; 2; i: " .~ ~ ! -< 1;; .. S -Qj .. ><< ~ .. .. ~ ~ .... ~ .S ]~ 0 ~ j .. '" " ~ ] ~ ~] ~ " " :::l ~ " " Jl 5 ~ = ~ .., <> '" ." .. ! ~! j ~ ."g :a s 'E 0 ~ iii of "g ~ >: j .~ of .~ ~j~ !l :><. J 0 " .. .. iii .. ~ e"~ 1J :5! ~ &l~ !!"' '" -< -< -< ""i ~ ... -s '" ~ .,,; " .., ;:: o ~ - - " ,,~ ~ o "'..,. ..... - ~ 0 " .. >.!l 0_ - .. "".... o "" "" 0 0 '" '" ~ " .g -0 ... . ~ 0 6. Rezoning of single-family residential zoning districts to mixed use zoning districts. All requests for rezoning from any single-family residential district to a mixed nse zoning district shall be snbject to the following additional reqnirements: a. Height, density and intensity of development based on the roadway frontage; b. Ratio oflot frontage to depth that is no more than one (1) foot (frontage) to 1.25 foot (depth); c. Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and d. Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zoning. 7. Mixed uses. a. Buildings containing residential and nonresidential uses are required within the MU-H Zoning District for all properties fronting on arterial roadways, permitted and encouraged within the MU-L Zoning Districts. Mixed nse structures are subject to the same development standards as Ilall other uses. II b. Residential nses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. c. 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 factors as determined appropriate given the type of use. 8. Building placement, massing and orientation. Structures fronting on arterial roadways within the MU-R and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding corner side setbacks and clearance needed for a drive that may be required to access the rear of the property. 9. Access. Within the MU-H and MIl)1-L zones, vehicular access to parking shall not be directly from an arterial roadway, if an alternative is available. 10. Landscaping and Desi!!n. a. Landscaoin!! in the MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. (a) The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. (b) Trunks shall be a minimum four (4)-inch caliper and provide seven (7) feet of vertical clearance for visibility. (c) In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. (d) Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. (2) Tree spacing. (a) Trees shall be regularly spaced. The spacing of the trees shall be at a minimum of 20 - 25 feet on center. October 9, 2006 17 (b) Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at corners or by corner conditions. (c) Tree placement shall match the existing pattern, where appropriate. (d) Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible. (3) Tree irrigation. (a) Irritation systems shall be installed to service all trees and other landscape materials. (b) Irrigation systems shall be in operable condition at all times. (4) Sidewalks and licl1ting. (a) All new construction in the MU-H District shall provide new sidewalks. (b) Sidewalks constructed along arterial roadways shall be a minimum often (10) feet "ide, measured from the rear of the curb. (c) Sidewalks and lighting shall, where practical, be H81land Slone p8"eYS, red/ch8r.c88/ c8ier mix 2 by P-8l'er Systems, Inc., ar equal, laid in a -1 8 herringbone ]3a1tem to eontinue the consistent with the current deSIgn elements in place along Federal Highway. (5) Flower containers. To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials shall; where practical, be planted and maintained along facades of new building fronting on arterial roadways in the MU-H District. b. Desit!R cOffiDatibiIitv. Prooosed proiects should comvliment existing or approved adjacent mixed use prOTect<; in terms ofheicl1l color. style massing and materials. c. Maximum height and setbacks - Sky Exposure Plane (I) No building shall exceed the maximum height limits or the Sky Exposure Plane IS.E.P.) except as delineated below in Section (3), (2) All buildings shall be built within the S .E.P. based on the ratio of six vertical feet to one horizontal foot! 6 to 1). The base for determining the sky exposure plane shall be from the building setback at base height for building fronts. and from the minimum building setback for the side and rear elevations. October 9, 2006 18 Exhibit 1: Sky Exposure Plane ADJACENT TO SlllEET bit - BesehelghtatidJeetlllvel . -ttortzoagldlstallCA! v - Vertkilltlistall<<' ,.......,. REAR AND SIDE I -HorIrontaIdIstance 't . Vertbl dbtana . . S<tbod (3) The following shall be deemed as allowable exceDtions to the maximum height limits and S.E.P reauirements: (a) Balconies (unenclosed). canoDies. trellises.landscaDing. and flags: ( c) Uninhabited architectural elements: (b) Elevator or stair bulkheads. roofton eauinment and related screenine:: (d) ParaDet not more than four feet high. 11. Parking requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section lIH, of the Land Development Code. Chapter 2, Section 111, shaII apply only to the MU-H zoning district Structured Darking is Dreferred for all mixed use develooments. and surface Darking lots for more than 10 vehicles shall be Drohibited in MU-L3 and MU-H zoning districts. In all Mixed Use zoning districts no surface Darking lots shall be located adiacent to a Dublic ril!bt-of-wav. a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setbaclc, and subsections 8.d. and 8.e. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent, as viewed from the street(s) that servers) as the main orientation for the principal bnilding(s), in order to emphasize bnildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the prinCipal structure's main frontage, when possible, in order to mininnize vehicle/pedestrian conflicts along sidewalks resnlting from driveway crossings. b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total 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 periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the pmpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking reqnired shall be calculated and simed bv a licensed traffic eDl!ineer using "Shared ParkinI!'. Second Edition ". U.L.I.. 2005. or other acceotable methodology. October 9, 2006 19 ."-r.~,"-'...l E~-.,~ _." t \... ',_ . _' I L& . . ..~. - ~,~,<' ";...,.. ;~'-" ~. ',',' .,,, Il- -.' ~ .~" ',- c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, free-standing single-nse parking garages call not exceed seventy-five (75) feet in height, and shall not have direct frontage on Beymea Beaoh BOllleyanl, 000... A yealle er Federal HigIw.'ll)', anv public street unless the portion of the garage abutting these streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to horder or wrap the garage in storefronts and other permitted habitable 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 frrst 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 r8adways.anv public roadwav. are required to be developed for commercial uses to a minimum depth of twenty (20) feet. All other visible sides of the parking structure shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated facade 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. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. U12. Dumpster location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment n13. 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. 13. Signage. Chapter 21, Signs, of the Land Development Code shall govern signage within the Federal Highway Corridor District. 1314. Self-storage design requirements. a. Location of self-storage use. Self-storage uses shall only be allowed above the first floor in mixed-use structure. b. Ground-floor retail uses required. Street frontages of the 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 he screened from public right-of-way. October 9, 2006 20 d. Design of buildings. Buildings shall be designed to havc the appearance of a multi-story retail, office and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. 1415. Live/work unit requirements. a. Minimum floor area. The minimum floor area of a live/work unit shall be one thousand (1,000) square feet. b. Permitted floor area. No more than thirty percent (39%) or f..ur hWldred (109) seven hundred and fifty (750)souare feet. ""hi.heyer io 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 shaH be reserved and regularly used for working space. c. Separation required. Each live/work unit shall be a separate unit from other uses in the building. Access to each live/work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. d. Parking. Each live/work unit shall be provided at least two and one-half (2V,) parking 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 of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, intensity, number of 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 of materials, process, product or wastes. f. Occupational license required. At least one resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. g. No separate sale orrental of portions of unit. No portion ofa live/work unit may be separately rented or sold as a connnercial 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. 16. Automotive Service Station reouirements. a. Location. Must be a part of a mixed-use development located at the intersections of roadwavs consisting of four lanes or more that are classified as an Uarterial" or "collector" roadway on the Citv's adoDted Roadwav Classification Mao. b. Access. OnIvone access drivewav is allowed from each maior street frontage. Drivewavs shall be located a minimum of 50 feet from the intersection nn1ess county or state standards reouire a I!feater distance. c. Setbacks. Building setbacks shall meet those reouired bv the zoning district. d. CanOtlV location. Canopy structure over the fuel OUlDtlS shall be located either to the side or rear of the sales office building. e. Storage. No outside storage of materials. Parts. and no overnight storage of vehicles outside f. Accessorv Uses. October 9, 2006 21 1. Shall require a conditional use approval. 2. Mav include vehicle washing (tunnel car wash) and minor repairs limited to servicing and installation of tires. batteries and accessories. lubrication and oil chane.es. 3. Hours of operation - 7 a.m. to 7 p.m.. Mondav through Fridav and 7 a.ill. to 12 noon on Saturdav. No Sunday ooeration of accessory uses. This restriction does not apDlv to the sale of convenience items. e.. Overhead doors. Overhead doors shall not be visible from anY maior roadway frontage. 17. Automotive Repairs (Minor) reouirements. a. Location. Shall be a Dart of a mixed-use develoDment b. Access. Shall not be directlv from anv maior roadwav c. Storal!e. No outside storal!e of materials. Darts. and no overnil!ht storage of vehicles outside. d. Overhead doors. Overhead doors shall not be visible from anv maim roadwav frontage. 18. Street Vendors rel!olations. a. Licensing. 1. All street vendors shall obtain a license from the City's OccuDational Licensing Division and shall displav same at all times when conducting business within the city. 2. Said license shall reQuire annroval of vendinl! station desirn. 3. Licenses may be revoked followinl! five (5) valid comolaints 31!ainst the business. b. Location. 1. Street vendors ooeratinl! on private oroperty shall require aporoval from the DIaDertv owner. 2. Street vendors operating within the Dublic riwt-of-wav shall not conduct business from a location within intersection crosswalks. block or obstruct access to handicap curb-cuts. or obstruct pedestrian passage on the sidewalks at any time. c. Wasle removal. Each street vendor shall Drovide waste disposal containers. and shall remove all debris created by bislher business dailv. -1{;19. Definitions. The following are supplemental defmitions applicable only to the mixed use zoning districts, and, therefore, in case of conflict, take precedence over defInitions in other portions of the code. Accesso.ry 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. Accesso.ry apartments shall comprise no more than twenty-five percent (25%) of the total floor area of a single-family dwelling, and shall in no case be more than seven hundred fifty (750) square feet. Antique shops o.r Auctio.n ho.use. Any premises used for the retail sale, trading or auction of articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop o.r Auctio.n house does not include "secondhand store" or auction of used merchandise. Automotive ReDairs (Minor). ProvidinG" reJ>lacement or reoairs to automotive tires. batteries. accessories. Includes lubrication. oil chanl!es. repairs to air conditioning. non-engine and exhaust related service and renairs. but not October 9, 2006 22 including engine overhaul and/or replacement of internal parts of engines. bodv and fender work. painting and customiziuf!. Child care facility. An establisInnent that provides care, protection and supervision for children on a regular basis away from their primary residence foc less than twenty-four (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 cafe or restaurant primarily offering coffee, tea, and other non-alcoholic beverages, and where light refresInnents 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 furniture and decorative objects built to a buyer's specifications. Cyber cafe. A coffee house that provides patrons with computer terminals for browsing the Internet for a fee. Day spa. Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa teclmicians) beauty, wellness and celaxation programs that may last from a few minutes up to a full day. Fitnesslhealth club. A commercial recreation and entertainment facility or private club which has as a principal use a gymnasium, swimming pool or other sports facility and which may offec massages, whirlpool baths, steam rooms, saunas or medical facilities as accessory uses to the principal use. Fortune-tellerlpsychic. Person who makes predictions about the future through methods including astrology, pahn reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Halfway house. A residential facility used to bouse individuals being transitioned from penal or other institutional custody back into the larger society. Hotel. A building or portion thereof containing lv/emy (20) fifty (50) or more guest rooms, efficiency units or suites designed for the temporary lodging 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 gnest quarters shall be through an inside lobby and corridors or from an exterioc court which is within a secured area. Hotel, boutique. A smallluxnry hotel containing ten (10) to tv/emy (20) fifty (50) l!Uest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. Hotel, extended stay. Any all-suite hotel that provides visitors with a full kitchen and more than five peccent (5%) of its rooms are occupied for at least thirty (30) days and no more than one hundred and eighty (180) days. 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. Listed Historic Structures. Includes all structures listed as eligible for desil!1lation in "The Citv of Bovnton Beach Historic Sites Survl!ll" as preoared bv Research Atlantica. Inc. September 1996. or anv subseauent uodates to that studv. In the Mixed Use zonin" districts. the structure mav function as its intended use or be a~ed to other allowed uses. provided the exterior of the structure maintains its orilrinal architectural inteeritv notwithstanding any modifications necessary to meet the reauirements of the Americans with Disabilities Act (ADA). Live/work unit. A commercial unit with incidental residential accommodations occupying one (I) oc more sleeping October 9, 2006 23 rooms or floors in a building primarily designed and used for connnerciaI occupancy and providing: 1. Adequate working space reserved for connnercial use and regularly used for such purpose by one (1) or more persons residing in the unit; 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, but are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Mixed use development. l\. eomlJination of lv:o (2) or more uses on a single paree!, traot or deyelopment pod. In the Milled Use High Intensity Zoning Diotrict, this shall consist of a straetur. or series of stFuolures eOBtaining retail office and reoideatial uses ...anged 'iemeally. IB the Milled Use Low Iatoasity and SubUFlJaa Mil<ed Use Zeaing Districts, mined use ean refer net only ta uses within single buildings, but to difforent uses milled in elose prSltimity in a single de':elapment. The development of a siIll!le building or single parcel to contain two or more of the following tvDes of uses: residential. retail/commercial. office or institutional. Mixed uses mav be combined verticallv within the same building or placed side bv side on the same parcel. provided that thev are in close proximity. planned as a unified and comnlementarv whole and functionallv intel!fated to make the use of shared vehicular and oedestrian access and oarkin2 areas. Motel. A building or group of buildings designed to provide sleeping acconnnodations 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. Ni~ht Club. A facility operated as a connnercial establishment in which eating and/or drinking takes place. where alcoholic beverae:cs are served and where the provision of entertainment is the orimarv activity. Entertainment includes music bv a live musician or musicians. or any mechanical. electronic. or other means such as records. laserdiscs. audio. video. or other audio or audio-visual means. Includinl! actin!!:. plavoerformances. dancine. song and dance acts particinated in bv one or more eumlovees. lZuests. customers or other person or nersons An establishment that provides backl!found music. which is c1earlv incidental and allows for normal conversations levels. shall not be considered a nil!bt club. Package liquor store. An establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. Private Clubs. Lodl!es and Fraternal Orl!anizations. A facility used to house a rel!istered non-profit or not-for-profit social. snorts or fraternal organization for the primary purpose of havim! private meetinl!S for their membership. and mav include the serving of meals and/or alcoholic beverages for the exclusive use of the members and their l!:1lests. and where access to the e.eneral public is restricted. Recreation and entertainment, indoor. /'JoB establishment efferiBg reereaaaB and eate-4-ft;--eBt ta the gener.al public within aa eBolased building. An enclosed building which is principallv used for games and other recreational purposed. and which is operated on a for profit basis. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fituess centers, dance studios, court sports and swinnning pools. Recreation and entertJJinment. outdoor. An outdoor area which is orincioal1v used for active or passive recreation. and which is operated on a for profit basis. Such uses include tennis centers and swimming pools. Residential, multi-family. A building containing three (3) or more dwelling 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, October 9,2006 24 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 attacheq dwellings include duplexes and townbomes. 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. Sky Exposure Plane. A "skv exposure DIane" is an imae.inarv inclined DIane bel!innini!: at maximum frontae-e hehzht and rising at a ratio of vertical distance to horizontal distance as set forth in the Mixed Use zonine: rel!ulations Soup kitchen. A facility providing free or very low-cost meals or distributing free or very low-cost, pre-packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance abuse center. A facility used primarily for the treatruent 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. October 9, 2006 25 \ XII. - LEGAL DEVELOPMENT ITEM A.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Connnission Meetin2 Dates in to City Clerk's Office Meetinll Dates ~ December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 0 February 6, 2007 January 16, 2007 (Noon) 0 April 3, 2007 Date Final Form Must be Turned in to City Clerk's Office Fehruary 5, 2007 (Noon) February 20, 2007 (Noon) March 5. 2007 (Noon) g % March 19,2007 (Noon) ~ N N 0 AnnouncementslPresentations 0 City Manager's Report -0 :J: NATURE OF 0 Administrative 0 New Business i:9 AGENDA ITEM 0 Consent Agenda ~ Legal W W 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the December 5, 2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item on November 21, 2006, under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No. 06-142. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Tbe Office @ Bamboo Lane (ANEX 06-008) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc. / Jaime Mayo, President 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west ofPahner Road Request to annex the 0.265-acre parcel. DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~- Assistant to City Manager ~ Developme ~d~ Planning and Zo . g irector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Bamboo Lane\ANEX 06-008\Agenda Jtem Request The Office@BambooLaneANEX06-OO8 12-5-06.doc S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC o 0:::; :::;-< -<0 ,...,"Tl ro:> mo ::0-< -y:.X ..... U>o OX -no:> ~ITI O~ ""'0 :x: 1 ORDINANCE NO. 06- 0 8'1 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 0.265+/- ACRES 5 OF LAND THAT IS CONTIGUOUS TO THE CITY 6 LIMITS WITHIN PALM BEACH COUNTY AND 7 THAT WILL, UPON ANNEXATION, CONSTITUTE 8 A REASONABLY COMPACT ADDITION TO THE 9 CITY BOUNDARIES; PROVIDING THAT THE 10 PROPER LAND USE DESIGNATION AND 11 PROPER ZONING OF THE PROPERTY SHALL BE 12 REFLECTED IN SEPARATE ORDINANCES TO BE 13 PASSED SIMULTANEOUSLY HEREWITH; 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE; PROVIDING THAT 16 THIS ORDINANCE SHALL BE FILED WITH THE 17 CLERK OF THE CIRCUIT COURT OF PALM 18 BEACH COUNTY, FLORIDA, UPON ADOPTION. 19 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, Nigel Development, Inc., owner, by and through its agent, Michael 23 Hanlon ofHNM Architecture, LLC, of the property more particularly described hereinafter, 24 have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of 25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of 26 land consisting of approximately 0.265 +/- acres; and 27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) 29 ofthe Charter of the City and Section 171.044, and 171.062(2), Fjorida Statutes; and 30 WHEREAS, said tract of land lying and being within Pahn Beach County is 31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 32 annexation, constitute a reasonably compact addition to the City boundary. S:\CA\Ordinances\Planning\Annexations\Annexation - Office@BambooLane.doc 1 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section I. That each and every Whereas clause is true and correct. Sectiou 2. Pursuant to Article], Section 7 (32) of the Charter of the City of 4 5 Boynton Beach, F]orida and Section ]71.044, F]orida Statutes the following described 6 unincorporated and contiguous tract of land situated and lying and being in the County of 7 Palm Beach, F]orida, to wit: 8 A TRACT OF LAND IN SECTION 4, TOWNSHIP 46 SOUTH OF RANGE 43 EAST, 9 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 10 FOLLOWS: 11 12 BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF STATE 13 ROAD NO. 5 (U.S. NO. ]) AT A DISTANCE OF 150 FEET NORTHERLY, 14 MEASURED ALONG THE SAID EAST RIGHT OF WAY LINE, FROM THE 15 POINT OF INTERSECTION OF A LINE PARALLEL TO, AND 579 FEET SOUTH 16 OF, MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID 17 SECTION 4; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF 18 SAID SECTION 4, A DISTANCE OF 150 FEET TO A POINT; THENCE 19 NORTHERLY, PARALLEL TO THE SAID EAST RIGHT-OF-WAY LINE, A 2 0 DISTANCE OF 70 FEET TO A POINT; THENCE WESTERLY TO A POINT IN 21 THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 90 FEET 22 NORTHERLY, MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE, FROM 23 THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID EAST 24 RIGHT-OF-WAY LINE, A DISTANCE OF 90 FEET TO THE POINT OF 25 BEGINNING; TOGETHER WITH ALL IMPROVEMENTS THEREON AND 26 FIXTURES THEREIN. 27 28 AND CONTAINING 11,578 SQUARE FEET, 0.265 ACRE MORE OR LESS 29 30 Subject to easements, restrictions, reservations, covenants and rights-of- 31 way of record. 32 33 is hereby annexed to the City of Boynton Beach, F]orida, and such land so annexed shall be 34 and become part of the City with the same force and effect as though the same had been 35 originally incorporated in the territorial boundaries thereof $:\CA \Ordinances\Planning\Armexations\Annexation _ Office@ Bamboo Lane.doc 2 1 Section3: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 2 Florida, is hereby amended to reflect the annexation of said tract of land more particularly 3 described in Section 2 of this Ordinance. 4 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 5 zoning designation and Land Use category is being determined as contemplated in Section 6 171.162(2), Florida Statutes. 7 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 8 repealed. 9 Section 6: Should any section or provision of this Ordinance or any portion thereof lobe declared by a court of competent jurisdiction to be invalid, such decision shall not affect 11 the remainder of this Ordinance. 12 Section 7: This Ordinance shall not be passed until the same has been advertised 13 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 14 Beach, Florida, as reqnired by the City Charter and Section 171.044, Florida Statutes. 15 16 Section 8. Section 9. This ordinance shall become effective immediately upon passage. This ordinance, after adoption, shall be filed with the Clerk of the 17 Circuit Court of Palm Beach County, Florida. 18 FIRST READING this ~ day of NO\l'ern be' , 2006. 19 S:\CA \Ordinances\Planning\Annexations\Annexation - Office @ Bamboo Lane.doc 3 1 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 23 City Clerk 24 25 26 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\Planning\Annexations\Annexation ~ Office@BambooLane.doc 4 TO: FROM: THROUGH: DATE: PROJECf NAME/NUMBER: Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: South: DEVELOPMENT DEPARTMENT PLANNING 8r. ZONING DIVISION MEMORANDUM NO. PZ 06-142 Chair and Members Community Redevelopment Agency Board and City Commission Kathleen Zeitler a Planner Michael W. Rump~~ Director of Planning and Zoning October 18, 2006 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 PROJECT DESCRIPTION Nigel Development, Inc. / Jaime Mayo, President Michael Hanlon, HNM Architecture, LLC 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road (see Exhibit "Au - Location Map) CHIS Commercial High/with underlying Medium Density Residential of S du/ac (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (LRC) Community Commercial (C-3) To annex the 0.26S-acre parcel, to reclassify its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) to construct a professional business office. Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Inflll Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); Developed commercial property classified as Palm Beach County t-'age L The Office at Bamboo Lane ANEX 06-008 and WAR 06-021 Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); East: Right-of-way for Palmer Road, and farther east developed single- family residential classified as Palm Beach County Medium Density Residential (MR-S) land use and zoned Palm Beach County Single- Family Residential (RS); and, West: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation I land use amendment I rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program, which emphasizes the annexation of enclaves, as well as consistent with relevant poliCies in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 4. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation I land use amendment I rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS The proposed annexation (ANEX 06-008) application is being reviewed concurrently with an accompanying request for a future land use amendment and rezoning (WAR 06-021). The subject property's current land use classification is Commercial High with underlying Medium Density Residential of S dwelling units per acre (Palm Beach County CHIS). The applicant is requesting a voluntary annexation Into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. page 3 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 The parcel which is the subject of this land use amendment totals 0.265 acre or 11,578 square feet. Because of the size of the property under consideration, the Rorida Department of Community Affairs classifies this land use amendment request as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The proposed land use classification (LRC) is the city's equivalent to the County's CHIS land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations which states in part: "The requirements contained in paragraph 7. below shall not apply where rezoning is requested in conjunction with an application for annexation, and the rezoning would be consistent with the Palm Beach County Comprehensive Plan". Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.10.4, which states the following: 8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reduce the entire enclave below the lO-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Rre, 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 city 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 Fire I EMS only); t'age'l The Office at Bamboo Lane ANEX 06-008 and WAR 06-021 With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Fire Departments report that this project has been reviewed for potential service impacts and availability, and based on the proposed use, It has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. The subject property lies within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. Area V contains a mix of land uses, including commercial uses on small parcels. Although residential uses are encouraged along Federal Highway through redevelopment, the subject property is Insufficient in size to support a residential project. The subject property is a vacant lot of 0.265 acres (11,578 square feet) and is considered a valid nonconforming lot under Palm Beach County's jurisdiction due to the lot size. The minimum lot size in the County's CG zoning district is one (1) acre. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre). Therefore, the applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in the conjunction with the new site plan. Existing land uses along the U.S. 1 frontage are predominately retail; consequently a local Retail Commercial (lRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots which are presently in the Oty, and those which will be annexed. The intent of the County's CG district is "to encourage the development of Intensive commercial uses providing a wide range of goods and services, with access from a collector or arterial street and services a consumer market of at least a three mile radius". Similarly, the intent of the C-3 district is "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". CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the Oty. Therefore, staff recommends that the subject requests be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "c" - Conditions of Approval. ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\The Office at Bamboo lane\LUAR 06-021 \Staff Report.doc EXHIBIT "A" - LOCATION MAP -./ ~ iii ~ 44 e Hie ---mc------ o 25 50 100 150 200 r""l......._ , Feet H ..' s ~ ~ ~ ~ g -- EXHIBIT B 'I ,q I ':f ---1 , , ~Il ! ji I, / I : , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ! II I, I- Ii ~ / ~I -,--- -'- Q)Z u~ ~ !E: o~ w': J:~ I-@ I, " II II fl .. In i.lj / , , , -----'--- II fi , ~ ) ~ -----. ----------------- -------- ------------ EXHIBIT "C" Conditions of Approval Project name: The Office at Bamboo Lane File number: ANEX 06-008, LUAR 06-021 , . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X .- - PUBLIC WORKS - Traffic .---~~-_.__. Comments: None X ENGINEERING DIVISION ----,. Comments: None X UTILITIES Comments: None X FIRE - Comments: None X POLICE Comments: None X BUILDING DIVISION -.-.- Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND WNING --- Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ANEX 06-008, LUAR 06-021 CONDITIONS OF APPROVAL PAGE 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Bamboo Lane\LUAR\COA.doc (frf .: . ~.. XII. - LEGAL DEVELOPMENT CITY OF BOYNTON BEACH ITEM A.6 AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Fonn Must be Turned Requested City Connnission Meetinl! Dates in to City Clerk's Office Meetimi~ Dates ~ December 5, 2006 November 20,2006 (Noon.) 0 February 20, 2007 0 January 2, 2007 December 18, 2006 (Noon) 0 Man:h 6. 2007 0 January 16, 2007 Janulll)' 2, 2007 (Noon) 0 March 20. 2007 0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 Date Final Fonn Must be Turned in to City Clerk's Office February 5, 2007 (Noon) February 20, 2007 (Noon) March 5. 2007 (Noon) a; :z: Man:h 19, 2007 (Nonn)~ '" '" n ('"")~ :::;-< -<0 f:-' ." r-ro mo "'-< ;;J;% "-\ <.f)0 0% ~m -m OJ> mO ::x: 0 Announcements/Presentations 0 City Manager's Report -0 :J; NATURE OF 0 Administrative 0 New Business ~ AGENDA ITEM 0 Consent Agenda ~ Legal W W 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the December 5, 2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item on November 21, 2006, under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No. 06-142. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: The Office @BambooLane (LUAR 06-021) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc. / Jaime Mayo, President 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road Request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential (PBC CHIS) to Local Retail Commercial (LRC). Proposed use: Professional business office PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~- cmv Assistant to City Manager ~flm~;;irector City Attorney / Finance S.\Planning\SHARED\ WP\PROJECTS\Bamboo Lane\LUAR 06.021 \Agenda Item Request The Office@Bamboo Lane LUAR 06-021 12-5-06 doc S:\BULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC 'I i 1 ORDINANCE NO. 06- cAv 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY NIGEL DEVELOPMENT, INC., AND 8 LOCATED AT 3847 NORTH FEDERAL IDGHWAY, ON 9 THE EAST SIDE OF FEDERAL HIGHWAY AND 10 SOUTH OF BAMBOO LANE WEST OF PALMER 11 ROAD; CHANGING THE LAND USE DESIGNATION 12 FROM CH/S COMMERCIAL HIGH/WITH 13 UNDERLYING MEDIUM DENSITY RESIDENTIAL OF 14 S DUlAC (PALM BEACH COUNTY) TO LOCAI~ 15 RETAIL COMMERCIAL (LRC); PROVIDING FOR 16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 17 DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 20 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 22 Comprehensive Planning Act; and 23 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 25 WHEREAS, after two (2) public hearings the City Commission acting in its dual 26 capacity as Local Planning Agency and City Commission finds that the amendment 27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 28 the best interest of the inhabitants of said City to amend the aforesaid Element of the 29 Comprehensive Plan as provided. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section I: The foregoing WHEREAS clauses are true and correct and incorporated S:\CA \Ordinances\Planning\land Use\Office @ Bamboo lane.doc 1 herein by this reference. 2 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 3 following: 4 That the Future Land Use of the following described land located at 3847 North 5 Federaj Highway, on the east side of Federal Highway and South of Bamboo Lane and west of 6 Palmer Road; changing the land use designation from CHl5 Commercial High/with 7 underlying Medium Density Residential of 5 du/ac (palm Beach County) to Local Retail 8 Commercial (LRC). 9 10 A TRACT OF LAND IN SECTION 4, TOWNSHJP 46 SOUTH OF RANGE 43 EAST, 11 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 12 FOLLOWS: 13 14 BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 15 NO.5 (U.S. NO.1) AT A DISTANCE OF 150 FEET NORTHERLY, MEASURED 16 ALONG THE SAID EAST RIGHT OF WAY LINE, FROM THE POINT OF 17 INTERSECTION OF A LINE PARALLEL TO, AND 579 FEET SOUTH OF, 18 MEASURED AT RIGHT ANGLES TO, THE NORTII LINE OF SAID SECTION 4; 19 THENCE EASTERLY PARALLEL WITH TIIE NORTII LINE OF SAID SECTION 4, A 20 DISTANCE OF 150 FEET TO A POINT; TIIENCE NORTHERLY, PARALLEL TO THE 21 SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 70 FEET TO A POINT; 22 TIIENCE WESTERLY TO A POINT IN TIIE SAID EAST RIGHT -OF- WAY LINE, A 23 DISTANCE OF 90 FEET NORTHERLY, MEASURED ALONG SAID EASTRIGHT-OF- 24 WAY LINE, FROM TIIE POINT OF BEGINNING; TIIENCE SOUTHERLY ALONG 25 SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 90 FEET TO TIIE POINT OF 26 BEGINNING; TOGETHER WITH ALL IMPROVEMENTS THEREON AND FIXTURES 27 THEREIN. 28 29 AND CONTAINING 11,578 SQUARE FEET, 0.265 ACRE MORE OR LESS 30 31 Subject to easements, restrictions, reservations, covenants and 32 rights of way of record. 33 34 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 35 Future Land Use Plan shall be amended accordingly. 36 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. S:\CA \Ordinances\Planning\Land Use\Office @ Bamboo Lane.doc 1 Section 5: Should any section or provision of this Ordinance or any portion thereof be 2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 5 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 6 Land Development Regulation Act. No party shall be vested of any right by virtue of the 7 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 8 including appeals, are exhausted. In the event that the effective date is established by state law or 9 special act, the provisions of state act shall control. 10 FIRST READING this --8.L day of No~embe( ,2006. 11 SECOND, FINAL READING and PASSAGE this ~ day of ,2006. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 31 City Clerk 32 33 (Corporate Seal) 34 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\Planning\land Use\Office@BambooLane.doc TO: FROM: Tl-IROUGH: DATE: PROJEcr NAME/NUMBER: Property Owner: Applicant! Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: South: DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 06-142 Chair and Members Community Redevelopment Agency Board and City Commission Kathleen Zeitler a Planner Michael w. Rump;v.~ Director of Planning and Zoning October 18, 2006 The Office at Bamboo lane ANEX 06-008 and LUAR 06-021 PROJECT DESCRIPTION Nigel Development, Inc. / Jaime Mayo, President Michael Hanlon, HNM Architecture, LLC 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road (see Exhibit "A" - Location Map) CHIS Commercial High/with underlying Medium Density Residential of S du/ac (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (lRC) Community Commercial (C-3) To annex the 0.26S-acre parcel, to reclassify its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) to construct a professional business office. Bamboo lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infi" Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); Developed commercial property classified as Palm Beach County Page 2 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); East: Right-of-way for Palmer Road, and farther east developed single- family residential classified as Palm Beach County Medium Density Residential (MR-S) land use and zoned Palm Beach County Single- Family Residential (RS); and, West: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation / land use amendment / rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program, which emphasizes the annexation of enclaves, as well as consistent with relevant policies in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 4. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation I land use amendment I rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS The proposed annexation (ANEX 06-008) application is being reviewed concurrently with an accompanying request for a future land use amendment and rezoning (LUAR 06-021). The subject property's current land use classification is Commercial High with underlying Medium Density Residential of S dwelling units per acre (Palm Beach County CHIS). The applicant is requesting a voluntary annexation into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. "'age ~ The Office at Bamboo lane ANEX 06-008 and LUAR 06-021 The parcel which is the subject of this land use amendment totals 0.265 acre or 11,578 square feet. Because of the size of the property under consideration, the Aorida Department of Community Affairs classifies this land use amendment request as a "small scale" amendment. A "small-scale" amendment Is adopted prior to fOlwardlng to the Florida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The proposed land use classification (lRC) is the city's equivalent to the County's CHIS land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the land Development Regulations which states in part: "The requirements contained in paragraph 7. below shall not apply where rezoning is requested in conjunction with an application for annexation, and the rezoning would be consistent with the Palm Beach County Comprehensive Plan". Since this Is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined In Chapter 2, Section 9.C.7 of the land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.1004, which states the following: 8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program indude annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reduce the entire enclave below the lO-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Rre, 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 city 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 Fire I EMS only); ;oage c '[hE' Office at Bamboo Lane ANF.X 06-008 and LUAR 06-021 With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Rre Departments report that this project has been reviewed for potential service impacts and availability, and based on the proposed use, it has been determined that services allocated to, or existing within the area are adequate to proVide the project with a necessary level of service. The subject property lies within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. Area V contains a mix of land uses, including commercial uses on small parcels. Although residential uses are encouraged along Federal Highway through redevelopment, the subject property is insufficient in size to support a residential project. The subject property is a vacant lot of 0.265 acres (11,578 square feet) and is considered a valid nonconforming lot under Palm Beach County's jurisdiction due to the lot size. The minimum lot size in the County's CG zoning district is one (1) acre. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre). Therefore, the applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in the conjunction with the new site plan. Existing land uses along the U.S. 1 frontage are predominately retail; consequently a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots which are presently in the City, and those which will be annexed. The intent of the County's CG district is "to encourage the development of intensive commercial uses providing a wide range of goods and services, with access from a collector or arterial street and services a consumer market of at least a three mile radius". Similarly, the intent of the C-3 district is "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". CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject requests be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the Oty Commission, they will be included as Exhibit "C" - Conditions of Approval. AlTACHMENTS S:\PJannlng\SHARED\WP\PROJECTS\The Office at Bamboo Lane\LUAR 06-o21\Slaff Report.doc EXHIBIT "A" - LOCATION MAP ..., ; iii ~ l4 e NIC o 25 50 100 150 200 r"Ioo.""'_ . Feet ..' s ~ Cl ~ ~ ~ --- C!j ~) ~ ,0 ~ I . l:f ~ II ~ I, ~'l 1- ~I fi )il! 1 ~ ! III I' "'I I, II! III Imi I II Ii/!/II 1 1111,'il~ N I I, I I~ P flUl1f 1/ i lrU~ Ii / f 'I I, ,II I I I, I f ,'i ~ Iii n~11fl I., iI !I!I !i1U!/!1 Q)Z u~ ~ tE: 0; w~ :::r:! I-@ II " II II II .. III <i! II ~ Ii ~----------- ------- ...~~ --.::::- ,~ -----------_ .......,....... I ---------.~--U - --------- ------ --- ~ ""<..~.-.."~.."-,.,,,, ..~,",,""'" ,~. .. EXHIBIT "C" Conditions of Approval Project name: The Office at Bamboo Lane File number: ANEX 06-008, LUAR 06-021 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND WNING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ANEX 06-008, LUAR 06-021 CONDITIONS OF APPROVAL PAGE 2 I DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS - -- Comments: To be determined. S:\Planning\SHAREO\WP\PROJECTS\Bamboo Lane\LUAR\COA.doc if... . '~ t-- ' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\-1 Requested City Commission Date Final Form Must be Turned Requested City Commission Meetim! Dates in to City Clerk's Office Meetin2 Dates IZJ December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 0 January 2, 1007 De<:ember 18, 2006 (Noon) 0 March 6, 2007 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 0 February 6, 2007 January 16, 2007 (Noon) 0 April J, 2007 XII. - LEGAL DEVELOPMENT ITEM A.7 Date Final Form Must be Turned in to Citv Clerk's Office February 5, 2007 (Noon) February 20, 2007 (Nocncb en March 5, 2007 (Noon) ~ c:: March 19,2007 (Noon) ~ -0 :x 0 Announcements/Presentations 0 City Manager's Report is> NATURE OF 0 Administrative 0 New Business W W AGENDA ITEM 0 Consent Agenda IZJ Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the December 5, 2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item on November 21, 2006, under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No. 06-142. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: n n..... :::;-< -<0 ':"")" roo mo :.J3-c: ::>:::z: u>-i o O:z: -"00 :!M e")> Me") :I: The Office@BambooLane(LUAR06_021) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc. / Jaime Mayo, President 3847 North Federal Highway, DeITay Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road Request to rezone from Commercial, General (PBC CG) to Comnnmity Commercial (C- 3). ~ Assistant to City Manager (1 ~ ~l UDirector City Attorney / Finance S:\Planning\$HARED\WP\PROJECTS\Bamboo Lane\LUAR 06-02 1 \Agenda Item Request The Office@BambooLaneRezoneLUAR06-021 12-S.06.doc DESCRIPTION: Proposed use: Professional business office PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Development S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- oct 1 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FI~ORlDA, REGARDING THE 5 APPLICATION OF MICHAEL HANLON, 6 AMENDING ORDINANCE 02-013 TO REZONE A 7 PARCEL OF LAND LOCATED AT 3847 NORTH 8 FEDERAL HIGHWAY, SOUTH OF BAMBOO 9 LANE AND WEST OF PALMER ROAD ON THE 10 EAST SIDE OF FEDERAL HIGHWAY, AS MORE 11 FULLY DESCRIBED HEREIN, FROM CG 12 COMMERCIAL, GENERAL (PALM BEACH 13 COUNTY) TO COMMUNITY COMMERCIAL (C- 14 3); PROVIDING FOR CONFLICTS, 15 SEVERABILITY, AND AN 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 City; 19 and 20 WHEREAS, Nigel Development, Inc., owner of the property located at 3847 North 21 Federal Highway, south of Bamboo Lane and west of Palmer Road on the East side of 22 Federal Highway in Boynton Beach, Florida, as more particularly described herein, has filed 23 a Petition, through its agent, Michael Hanlon ofHNM Architecture, LLC, pursuant to Section 24 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the 25 purpose of rezoning a parcel of land, said land being more particularly described hereinafter, 26 CG Commercial, General (Palm Beach County) to Community Commercial (C-3); and 27 WHEREAS, the City Commission conducted a public hearing and heard testimony 28 and received evidence which the Commission finds supports a rezoning for the property 29 hereinafter described; and 3 0 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 31 an amendment to the Land Use which was contemporaneousjy considered and approved at S:\CA\Ordinances\Plarming\Rezoning\Rezoning - Office@BambooLane.doc 1 the public hearing heretofore referenced; and 2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing Whereas clauses are true and correct and incorporated 7 herein by this reference. 8 Section 2. The following described land located at 3847 North Federal Highway, 9 south of Bamboo Lane and west of Palmer Road on the East side of Federal Highway in 10 Boynton Beach, Florida, as set forth as follows: 11 12 A TRACT OF LAND IN SECTION 4, TOWNSHIP 46 SOUTH OF RANGE 43 13 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY 14 DESCRIBED AS FOLLOWS: 15 16 BEGlNNlNG AT A POINT IN THE EAST RIGHT-OF-WAY LlNE OF STATE 17 ROAD NO.5 (U.S. NO. I) AT A DISTANCE OF 150 FEET NORTHERLY, 18 MEASURED ALONG THE SAID EAST RIGHT OF WAY LlNE, FROM THE 19 POlNT OF lNTERSECTION OF A LlNE PARALLEL TO, AND 579 FEET SOUTH 20 OF, MEASURED AT RIGHT ANGLES TO, THE NORTH LlNE OF SAID 21 SECTION 4; THENCE EASTERLY PARALLEL WITH THE NORTH LlNE OF 22 SAID SECTION 4, A DISTANCE OF 150 FEET TO A POlNT; THENCE 23 NORTHERLY, PARALLEL TO THE SAID EAST RIGHT-OF-WAY LlNE, A 2 4 DISTANCE OF 70 FEET TO A POINT; THENCE WESTERLY TO A POINT IN 25 THE SAID EAST RIGHT-OF-WAY LlNE, A DISTANCE OF 90 FEET 26 NORTHERLY, MEASURED ALONG SAID EAST RIGHT-OF-WAY LlNE, FROM 27 THE POlNT OF BEGlNNlNG; THENCE SOUTHERLY ALONG SAID EAST 28 RIGHT-OF-WAY LlNE, A DISTANCE OF 90 FEET TO THE POlNT OF 29 BEGlNNlNG; TOGETHER WITH ALL IMPROVEMENTS THEREON AND 30 FIXTURES THERElN. 31 32 AND CONT AlNING 11,578 SQUARE FEET, 0.265 ACRE MORE OR LESS 33 34 Subject to easements, restrictions, reservations, covenants and 35 rights-of-way of record. 36 $:\CA \Ordinances\PJanning\Rezoning\Rezoning M Office @ Bamboo Lane.doc 1 be and the same is hereby rezoned from Commercial, General (PBC CG) to Community 2 Commercial (C-3). A location map is attached hereto as Exhibit "A" and made a part of this 3 Ordinance by reference. 4 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 5 accordingly. 6 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 7 repealed. 8 Section 5. Should any section or provision of this Ordinance or any portion thereof 9 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 10 the remainder of this Ordinance. 11 Section 6. This ordinance shall become effective immediately upon passage. 12 FIRSTREADINGthis~dayof No~embe(' ,2006. 13 SECOND, FINAL READING and PASSAGE this _ day of ,2006 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 9 ATTEST: 30 31 32 City Clerk 33 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\Planning\Rczoning\Rezoning - Office@ Bamboo lane.doc EXHIBIT "A" - LOCATION MAP NIC --./ i i 44 e o 25 50 100 150 200 . Feet ... s TO: FROM: THROUGH: DATE: PROJECr NAME/NUMBER: Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: South: DEVELOPMENT DEPARTMENT PLANNING 8< ZONING DIVISION MEMORANDUM NO. PZ 06-142 Chair and Members Community Redevelopment Agency Board and City Commission Kathleen Zeitler a Planner Michael W. Rump;v.~ Director of Planning and Zoning October 18, 2006 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 PROJECT DESCRIPTION Nigel Development, Inc. / Jaime Mayo, President Michael Hanlon, HNM Architecture, LLC 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road (see Exhibit "Au - Location Map) CHIS Commercial High/with underlying Medium Density Residential of S du{ac (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (LRC) Community Commercial (C-3) To annex the 0.26S-acre parcel, to reclassify its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) to construct a professional business office. Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infill Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); Developed commercial property classified as Palm Beach County Page 2 The Office at Bamboo Lane ANEX 06-008 and WAR 06-021 Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); East: Right-of-way for Palmer Road, and farther east developed single- family residential classified as Palm Beach County Medium Density Residential (MR-S) land use and zoned Palm Beach County Single- Family Residential (RS); and, West: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation I land use amendment I rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program, which emphasizes the annexation of enclaves, as well as consistent with relevant poliCies in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 4. The requested change would help to further provide an economic contribution to both the neighborhood and to the Oty. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation I land use amendment I rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS The proposed annexation (ANEX 06-008) application is being reviewed concurrentiy with an accompanying request for a future land use amendment and rezoning (WAR 06-021). The subject property's current land use classification is Commercial High With underlying Medium Density Residential of S dwelling units per acre (Palm Beach County CHIS). The applicant is requesting a voluntary annexation into the Oty to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. l'age j The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 The parcel which is the subject of this land use amendment totals 0.265 acre or 11,578 square feet. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this land use amendment request as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Rorida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The proposed land use classification (LRC) is the city's equivalent to the County's CHIS land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations which states in part: "The requirements contained in paragraph 7. below shall not apply where rezoning is requested in conjunction with an application for annexation, and the rezoning would be consistent with the Palm Beach County Comprehensive Plan". Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.10.4, which states the following: 8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reduce the entire enclave below the lO-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. In connection with previous annexation studies, city 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 city 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 Fire / EMS only); Page 4 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Fire Departments report that this project has been reviewed for potential service impacts and availability, and based on the proposed use, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. The subject property lies within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. Area V contains a mix of land uses, including commercial uses on small parcels. Although residential uses are encouraged along Federal Highway through redevelopment, the subject property is insufficient in size to support a residential project. The subject property is a vacant lot of 0.265 acres (11,578 square feet) and is considered a valid nonconforming lot under Palm Beach County's jurisdiction due to the lot size. The minimum lot size in the County's CG zoning district is one (1) acre. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre). Therefore, the applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in the conjunction with the new site plan. Existing land uses along the U.S. 1 frontage are predominately retail; consequently a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots which are presently in the City, and those which will be annexed. The intent of the County's CG district is "to encourage the development of intensive commercial uses providing a wide range of goods and services, with access from a collector or arterial street and services a consumer market of at least a three mile radius". Similarly, the intent of the C -3 district is "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". As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject requests be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "C" - Conditions of Approval. CONCLUSIONS/RECOMMENDATIONS ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\The Office at Bamboo lane\LUAR 06-o21\Staff Reportdoc EXHIBIT "A" - LOCATION MAP ..., ~ ~ If e Nle ~_~_m . .r ---.-- -- o 25 50 100 150 200 1"'"1..0.-_ , Feet .+, s !f ,',l,iif S ! hr~;'~\ 0 t! . '1,.;j J! ~ ,Mil , , : \ ,1 I \\ "'" II ! \\ "'- II l__ '\ 1,3 '-< r " II I- ,i ~ ; ~f ---) , , , ~, " ~I,l / 11' " I / / I, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , / -'- Q)Z u~ ... !E: 0; w.: :r:~ I-@ If " if II 11 ...... lu ill ~ ~ ~ ~ o ~ .......) ~ ~ " II I- Ii --- ----- ------- ------------ ----------------------------. EXHIBIT "C" Conditions of Approval Project name: The Office at Bamboo Lane File number: ANEX 06-008, LUAR 06-021 I I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic -- Comments: None X ENGINEERING DIVISION _.- Comments: None X UTILITIES Comments: None X FIRE ----- Comments: None X POLICE .-- !-------- Comments: None X BUILDING DIVISION -- ------ Comments: None X PARKS AND RECREATION -- Comments: None X FORESTER/ENVIRONMENT ALIST -- Comments: None X PLANNING AND ZONING -_.- Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS ------ ---- 1----- Corrunents: None X ANEX 06-008, LUAR 06-021 CONDITIONS OF APPROVAL PAGE 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Bamboo Lane\LUAR\COA.doc ~r; y CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meetinl! Dates in to City Clerk's Office Meetin2 Dates ~ December 5, 2006 November 20, 2006 (Noon.) D February 20, 2007 D January 2, Z007 December 18,2006 (Noon) D M..-ch 6, 2007 D January 16, 2007 January 2, 2007 (Noon) D March 20. 2007 D February 6, 2007 January 16,2007 (Noon) D April 3, 2007 D Announcements/Presentations D NATURE OF D Administrative D AGENDA ITEM D Consent Agenda D D Code Compliance & Legal Settlements D ~ Public Hearing D XII. - LEGAL DEVELOPMENT ITEM A.8 Date Final Form Must be Turned in 10 City Clerk's Office February 5, 2007 (Noon) 0 o:::i February 20, 2007 ~n):::i-< ~ -<0 0: (.-,...., Man:h 5, 2007 (No~ i- CO N me> N :;0-< Man:h 19,2007 (Noon) -:>:~ --0 <fIO ~ O:X' N -1'\W .. ~fT1 City Manager's Report ~ o:p ~ r<t-c> New Business :x: Legal Unfmished Business RECOMMENDATION: Please place this tabled item on the December 5, 2006 City Commission Agenda under Legal, Ordinance - Second Reading, under the corresponding items for annexation, land use amendment and rezoning to coincide with final consideration of the land use and zoning changes. For further details pertaining to the request, see attached Department Memorandum No. 06-179. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: The Office @ Bamboo Lane (ZNCV 06-011) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc. / Jaime Mayo, President 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road Request relief from Chapter 2. Section 6.C.3. of the Land Development Regulations, requiring a minimum lot area of 15,000 square feet in the Community Connnercial (C-3) zoning district, to aIlow development of a lot of 11,578 square feet, representing a variance of3,422 square feet. .J /7"M. ~~ager's 19nalure Assistant to City Manager {Jwf/ DESCRIPTION: Proposed use: Professional business office PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Developme r Planning and . g Director City Attorney / Finance S:\Planning\SHARED\WP\PROJ CTS\Bamboo Lane\ZNCV 06-011\Agenda Item Request The Office@BambooLaneRezoneZNCV06-011 12-5-06.doc S,IBUt.LE1lN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-179 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission It)~- Michael W. Rumpf ~ Planning and Zoning Director THRU: FROM: Kathleen Zeitler tL Planner DATE: October 17, 2006 PROJECT NAME I NO: REQUEST: The Office at Bamboo Lane I ZNCV 06-011 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3., requiring a minimum lot area of 15,000 square feet, to allow a minimum lot area of 11,578 square feet (a variance of 3,422 square feet) for a proposed professional business office building within the Community Commercial (C-3) zoning district. PROJECT DESCRIPTION Property Owner: Jaime Mayo, Nigel Development, Inc. Applicant! Agent: Michael Hanlon, HNM Architecture, LLC Location: 3847 North Federal Highway (southeast corner of North Federal Highway and Bamboo Lane) Acreage: 0.265 acre (11,578 square feet) Proposed Use: Professional Business Office Zoning District: Community Commercial (C-3) Adjacent Uses: North: Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infill Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); South: Developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); East: Right-of-way for Palmer Road, and farther east is developed single-family residential classified as Palm Beach County Medium Density Residential (MR-5) land use and zoned Palm Beach County Single-Family Residential (RS); and, Staff Report ZNCV 06-011 Memorandum No PZ -06-179 Page 2 West: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). BACKGROUND The subject property is currently an undeveloped lot located at the southeast corner of North Federal Highway and Bamboo Lane (see Location Map - Exhibit "A''). The 0.265-acre parcel is situated within the Oty's future annexation area and within Planning Area 5 of the Federal Highway Corridor Community Redevelopment Plan, which has the role of being the southern entrance into the City. In conjunction with this request, the applicant is also requesting annexation (ANEX 06-008), a future land use amendment to LRC and rezoning to C-3 (LUAR 06-021), and new site plan approval (NWSP 06-023). Prior to annexation, the subject property was in unincorporated Palm Beach County and zoned Commercial, General (CG). The 0.265-acre (11,578 square feet) lot is considered a valid nonconforming lot by Palm Beach County regulations, which require a minimum lot size of 1.0 acre (43,560 square feet) in the CG zoning district. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre), therefore the lot would be considered a valid nonconforming lot per City regulations as well. The Land Development Regulations, Section 11.1.C.8.a., which addresses nonconforming lots states: "For nonconforming lots which are vacant or are proposed to be cleared and redeveloped, a variance shall be required prior to the construction of any structures or establishment of any use on the lot or parcel". The applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in conjunction with the new site plan. Variance approval would result in the subject property being considered a conforming lot. The applicant is requesting a variance to minimum lot area to construct a profeSSional business office building, which is a permitted use in the C-3 zoning district. The subject property complies with all C-3 requirements, with the exception of minimum lot area of 15,000 square feet (see Survey - Exhibit "B''). The project will comply with all other minimum requirements of the C- 3 regulations as well as ail other applicable development regulations, including the Urban Commercial District Overlay Zone (Federal Highway Corridor Community Redevelopment Plan). ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a.- g. below (see Exhibit "c''). The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and drcumstances exist whIch are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The subject property is considered a nonconforming lot because it does not meet the minimum lot size of the C-3 zoning district regulations. The applicant requested the Oty's C-3 zoning for the following reasons: (1) C-3 corresponds with the property's current CG zoning district; (2) C-3 corresponds with the City's LRC future land use designation for the area; (3) C-3 is the only commercial zoning district in this area along Federal Highway; and (4) C-3 regulations state it is intended for commercial facilities located adjacent to at least one major thoroughfare. The parcel was created many years ago, and is consIdered a valid nonconforming lot based on both County and City requirements. Section 11.1.C.8.a Non-Conforming Lot regulations, requires a variance prior to construction on any nonconforming lot which Is vacant or to be redeveloped. A variance to the minimum lot area of 15,000 square feet In the C- 3 zoning district is necessary In order to build on the lot. Staff Report ZNCV 06-011 Memorandum No PZ -06~ 179 Page 3 The applicant's justification statement for the variance request explains that if the unplatted Bamboo Lane ingress-egress easement had been constructed per the unfiled plat of R.P. Swetman, the location of the road would be north of its present location, and the subject parcel would have complied with the minimum lot area of 15,000 square feet required in the C-3 zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant The applicant purchased the subject property in its current configuration in February, 2005. Based on available public records, it appears that the subject parcel was created many years ago and grandfathered as a valid, nonconforming lot (due to lot size) in unincorporated Palm Beach County. The applicant requested the City's C- 3 zoning for the following reasons: (1) C - 3 corresponds with the property's current CG zoning district; (2) C-3 corresponds with the City's LRC future land use designation for the area; (3) C-3 regulations state it is intended for commercial facilities located adjacent to at least one major thoroughfare; and (4) C-3 is the only commercial zoning district in this area along Federal Highway and other commercial zoning would be considered "spot" zoning. The parcel is bound on the east and west by rights-of-way and on the north by an ingress/egress easement. The applicant has attempted to meet the minimum lot area requirement by trying to purchase the adjacent lot to the south (Carlson Lawn and Garden Center) to assemble with the subject property. However, the adjacent property owner is unwilling to sell. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other land~ buildings, or structures in the same zoning district. The Land Development Regulations set forth the minimum requirements for the development of a lot. In addition, the provisions for nonconforming lots (if vacant or to be redeveloped) require a variance prior to the issuance of a permit for construction or use of the lot. Many lots in the area of the subject property are similarly nonconforming lots due to lot size. The area is slated for future annexation and redevelopment, and these parcels, unless assembled, are not of sufficient size to support a residential project. Therefore they will likely be similarly rezoned to C - 3 and will require variances to the lot area prior to development. The proposed office building project will comply with all other applicable requirements. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant Precedent has been set, as City records indicate that many variances have been granted over the years for minimum lot size. Many lots in the area of the subject property are nonconforming to lot size and were developed years ago. Many of these lots are now in poor condition and in need of redevelopment. Uterallnterpretation of this criteria would deprive the applicant the right to develop the property. The proposed office building would be a positive benefit to the general area which is located at the southern entrance into the City. e. That the variance granted is the minimum variance that will make possible the reasonable use of the lan~ building, or structure. Staff Report ZNCV 06-011 Memorandum No PZ-06-179 Page 4 The proposed professional business office building will comply with all development regulations such as lot frontage, applicable setbacks, maximum lot coverage, and building height, with the exception of meeting the minimum lot area of 15,000 square feet required in the C- 3 zoning district. The applicant has requested annexation, land use amendment and rezoning, and new site plan approval in addition to the variance request. Without the requested variance, -the applicant will not be able to obtain a building permit to construct the office building and will therefore not have reasonable use of the land. f. That the granting of the variance will be in hannony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise demmental to the public welfare. The area of the subject property includes many substandard lots by current regulations. The establishment of the nonconforming lot provisions clearly dictate the requirements for variances to vacant lots and those to be redeveloped. Approval of the subject variance would not represent a further reduction in the minimum development standards within this redevelopment area, and will provide a minimal contribution to the economic value of the area and tax base for the city. Further, property size will limit development to a lower intensive use, such as a small office use, which would be reasonably compatible with the adjacent neighborhood. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconfonning. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. The applicant provided a statement confirming that adjacent properties are not available to make the subject parcel conforming in order to eliminate this variance request. The property fronts roads on three (3) sides. The only adjacent property is the parcel to the south (Carlson's Lawn and Garden Supply store) which is a developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG). This adjacent parcel is currently considered to be a nonconforming lot due to lot size, since the minimum lot size in the CG zoning district is one (1) acre. If the adjacent property owner sold a Portion of their developed property to the applicant, their nonconforming lot would become even more nonconforming to minimum lot size, and potentially other development regulations as well. The applicant states that the purchase of the entire adjacent parcel is not possible due to the property owner's refusal to sell. RECOMMENDATION Staff recommends approval of the requested variance based on the finding of "hardship". Staff concurs with the applicant that special conditions and circumstances exist that are not the result of actions by the applicant. This request will not be injurious or detrimental to the area, and the variance requested is the minimum necessary to make posSible the reasonable use of the land. Staff also concludes that approval of the requested variance will not contradict the vision the community has for this area. '0 conditions of approval are recommended; however, any conditions of approval added by the Community .{edevelopment Agency Board or the Oty Commission will be placed In Exhibit "0" - Conditions of Approval. MR/kz S:IPlannlngISI-IAREDI WPlPROJECTS\Bamboo lane\ZNCV 06-011 Istaff Report.doc EXHIBIT "A" - LOCATION MAP -.I : II.i ~ ~ e Nle ----._- -- -------- o 25 50 100 150 200 1""'IoJ"'"'_ ,Feet N ....' s ...... I I , I I I ! / ~'! t.! I/!,L / ..~ / t~ / , / I I / I / I / t~ I !e, / ~ It / ~ ,it ~ /;e r 5 JIi I ~ \/ , I fi!i5 ~~ I ~~ I ~i I !' - / '" ~f ~i ~~ ~a ..... !iZ~ ... ~ EXHIBIT 8 l..... """, .. "" 'I - '\ ili uJJu .000;'''-. ~''''''''' il -.6l";'06S "'!>>'J).)~ ....0. 00 . SnIU_/i ~ f< .. ~ '. -')3q . m,;,~...... ~ . -.'-'tI~.., I" --'~d ~- . ! Iq r ! III ""fJ ~ .. .' ~ ~ IU" 1'1--' ;.,~ .. "" ~:l "'.:!; t-~...! ~ '\ ~ <;.. '" " ... ""7 I~Q ...., ~i!l g;.., z~ &E1 0"- ... IO~ &,-. ~/: ! 115 I ,ll!l~ b lit; I i!U ----- ... ~ " " s ... --------= ..:::,.::. <".' . ''::;...;.,.:., .. ...... . , I , / I / I f/ I.Z! ~ I f! ~IJ / , ---------- ~ NIGEL DEVELtJPMENT, INC. 3705 NORTH FEDERAL HIGHWAY DELRAY BEACH, FLORIDA 334B3 TELl 561.733.2225 FAX: 561.733.2383 EXHIBIT C RE: 3847 NORTH FEDERAL HWY. DELRAY BEACH. FL :33483 PROJECT NAME: THE OFFICE AT BAMBOO LANE ZONING DODE VARIANCE APPLICATION FOR MINIMUM LOT AREA OF 15.000 e.F. A. THE SUBJECT PROPERTY HAS EXISTING CONDITIONS AND SPECIAL CIRCUMSTANCES THAT ARE PECULIAR TO THE LAND AND THAT ARE NOT APPLICABLE TO OTHER PROPERTIES IN THE SAME ZONING DISTRICT. THE .sUBJECT PROPERTY HAS AN INGRESS-EGRESS EASEMENT FROM BAMBOO LANE. BAMBOO LANE HAS NEVER BEEN PLATTED AND WAS NEVER CONSTRUCTED PER THE UNFILLED PLAT OF R.P. SWETMAN. PER THE SURVEY, THE 30 FT. RIGHT OF WAY FOR BAMBOO LANE SHOULD HAVE BEEN LOCATED FURTHER NORTH. THIS WOULD HAVE LEFT A SMALL- TRIANGULATED PARCEL TO THE NORTH OF THE SUBJECT PROPERTY. THE ADDITION OF THAT SMALL PARCEL. IF PLATTED PER R.P. SWETMAN. WOULD HAVE MADE THE SUBJECT PROPERTY CONFORMING. IN FACT. THE SUB.JECT PROPERTY IS ACTUALLY INCORRECTLY RECORDER IN THE PALM BEACH PROPERTY APPRAISER AS A 15,000 S.F. LOT. 8. THE ABOVE SPECIAL CONDITIONS WERE INTACT WHEN THE SUBJECT PARCEL WAS PURCHASED AND ARE NOT A RESULT OF ANY ACTIONS TAKEN BY THE OWNER. C. THE GRANTING OF A VARIANCE WILL NOT CONFER ANY SPECIAL PRIVILEGES THAT ARE DENIED BY THIS ORDINANCE TO OTHER PARCELS IN THE SAME ZONING DISTRICT. THE BUILDING WILL FULLY COMPLY WITH ALL 0-3 ZONING AND FEDERAL HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT REGULATIONS. D. THE PROVISIONS OF THIS CHAPTER WOULD PROHIBIT THE RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT. DUE TO THE PARKING REQUIREMENTS AND CONSTRAINTS OF THE SITE. THE BUILDING WILL BE AN ELEVATED STRUCTURE WITH PARKING UNDERNEATH. THE HEIGHT OF THE O.FFICE BUILDING WILL BE AT AN APPROPRIATE SCALE CONFORMING TO THE HEIGHTS OF STRUCTURES ALONG THE FEDERAL HIGHWAY CORRIDOR. WITHOUT A VARIANCE THIS WOULD NOT BE POSSIBLE. E. THE VARIANCE GRANTED IS THE MINIMUM VARIANCE THAT WILL ALLOW REASONABLE USE Of'" THE LAND. IT WILL PERMIT THE.5UBJECT PROPERTY TO CONSTRUCT A BUILDING THAT WILL CONFORM TO THE BUILDING HEIGHTS ALONG THE FEDERAL HIGHWAY CORRIDOR. F. THE GRANTING OF" THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CHAPTER AND WILL NOT BE IN.JURIOUS TO THE AREA INVOLVED OR DETRIMENTAL IN ANY WAY TO THE PUBLIC WELFARE. IT WILL. IN FACT, ALLOW THE PARCEL TO CONFORM TO THE APPROPRIATE SCALE OF THE FEDERAL HIGHWAY CORRIDOR. G. THE SUBJECT PROPERTY 15 A CORNER LOT FRONTING FEDERAL HIGHWAY TO THE WEST. BAMBOO LANE TO THE NORTH AND PALMER ROAD (PRIVATE ROAD) TO THE EAST. THE ONLY PARCEL, TO THE SOUTH. HAS A CURRENT LOT AREA OF 15,DDDs.F (1 DDFT X 150 FT.). THE PURCHASE OF THE ENTIRE PARCEL IS NOT POSSIBLE DUE TO CURRENT OWNER'S REFUSAL TO SELL. AND THE AC~UISITION OF A PARTIAL PIECE OF LAND WOULD MAKE THE ADJACENT LOT NONCONFORMING AS WELL. IF YOU HAVE ANY QUESTIONS DR NEED ANY FURTHER INFORMATION. PLEASE CONTACT ME. THANK YOU. NIGEL DEVELOPMENT, INC. ZONING DODE VARIANCE ApPLICATION TO THE CITY CLERK - CITY OF BOYNTON BEACH AFFIDAVIT RE: 3847 NORTH FEDERAL Hwv. DELRAY BEACH. FL 33483 PRD..JECT NAME: THE OFFIOE AT BAMBOO LANE F"LE #: THE BUB.JECT PROPERTY IS A CORNER LOT FRONTING FEDERAL HIGHWAY TO THE WEST. BAMBOO LANE TO THE NORTH AND PALMER ROAD (PRIVATE ROAD) TO THE EAST. THE ONLY PARCEL, TO THE SOUTH. HAS A CURRENT LOT AREA DF 15.DCOS.F'" (1 DOFT X 150 FT.). THE PURCHASE OF THE ENTIRE PARCEL IS NOT POSSIBLE DUE TO CURRENT DWNER'S REFUSAL TO SELL. AND THE AC~UISITION OF A PARTIAL PIECE OF LAND WOULD MAKE THE ADJACENT LOT NONCONFORMING AS WELL. EXHIBIT "D" Conditions of Approval Project name: The Office at Bamboo Lane File number: ZNCV 06-011 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Corrnnents: None X ENGINEERING DIVISION Corrnnents: None X BUILDING DIVISION Corrnnents: None X PARKS AND RECREATION Corrnnents: None X FORESTERlENVIRONMENT ALIST Corrnnents: None X PLANNING AND ZONING Corrnnents: None X eRA STAFF _w_ Corrnnents: None Conditions of Approval Bamboo Lane ZNCV 06-011 Page 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: I. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: I. To be determined. S:\Planning\SHARED\WP\PROJECTS\Bamboo Lane\ZNCV 06--011\COA.doc DEVELOPMENT qRDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Office at Bamboo Lane APPLICANT: Jaime Mayo, Nigel Development, Inc. APPLICANT'S AGENT: Michael Hanlon, HNM Architecture, LLC AGENT'S ADDRESS: 3705 North Federal Highway, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21, 2006 TYPE OF RELIEF SOUGHT: ZNCV 06-011: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3., requiring a minimum lot area of 15,000 square feet, to allow a minimum lot area of 11,578 square feet (a variance of 3,422 square feet) for a proposed professional business office building within the Community Commercial (C-3) zoning district. LOCATION OF PROPERTY: 3847 North Federal Highway (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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\PROJECfS\Bamboo lanc\ZNCV Q6--Ull\DO.doc :({r . y CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAAI XII. - LEGAL DEVELOPMENT ITEM A.9 Requested City Conunission Date Final Form Must be Turned Meetin2 Dates in to City Clerk's Office [8:J December 5, 2006 November 20. 2006 (Noon.) D D January 2, 2007 December 18, 2006 (Noon) D D January 16, 2007 January 2, 2007 (Noon) D D February 6, 2007 January 16, 2007 (Noon) D Requested City Connnission Meetiml: Dates Date Final Form Must be Turned in to City Clerk's Office February 20. 2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) City Manager's Report March 5, 2007 (Noon)O C1' March 19,2007 (Noorf5 ...::: '" '" -0 :::s: ~ (') ('""')~ ::::i-< -<0 0"'" ,-a:> mo ;0-< ?"~ . --' <fiO o~ """CD ::;!rr'I C'lJ> rr'ln :I: March 20, 2007 April 3,2007 NATURE OF AGENDA ITEM o Announcements/Presentations D Administrative D Consent Agenda D Code Compliance & Legal Settlements [8:J Public Hearing D D D D D New Business Legal Unfmished Business ~ U) RECOMMENDATION: Please place this tabled item on the December 5,2006 City Commission Agenda under Legal, Ordinance - Second Reading, under the corresponding items for annexation, land use amendment and rezoning to coincide with fmal consideration of the land use and zoning changes. For further details pertaining to the request, see attached Department Memorandum No. 06-177. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: The Office @ Bamboo Lane (NWSP 06-023) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc. / Jaime Mayo, President 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road Request new site plan approval to construct a 7,497 square foot professional business office building and related site improvements on 0.265 acre zoned C-3 (Connnunity Connnercial). Proposed use: Professional business office PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Ub~ City Manager's Si~e Assistant to City Manager c;wt/' omng Director City Attorney / Finance CTS\Bamboo Lane\NWSP 06-023\Agenda Item Request The Office@BambooLaneRezoneNWSP06-023 12-j-06.doc S,IBULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-177 STAFF REPORT TO: Chair and Members of the Community Redevelopment Agency Board and City com~s~i~n _ Michael Rumpf r Planning and Zoning Director THRU: FROM: Kathleen Zeitler I<Z~ Planner DATE: October 18, 2006 PROJECf NAME/NO: The Office at Bamboo Lane / NWSP 06-023 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Nigel Development, Ine. / Jaime Mayo, President Agent/ Applicant: Michael Hanlon of HNM Architecture, LLC Location: 3847 North Federal Hwy (southeast corner of Federal Hwy and Bamboo Lane) (see Exhibit "An - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a 7,497 square foot professional business office building Acreage: 11,578 square feet (0.265 acres) Adjacent Uses: North: Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infill Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); South: Developed commercial property classified as Palm Beach County Commercial High Intensity (CH/5) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); East: Right-of-way for Palmer Road, and farther east is developed single-family residential classified as Palm Beach County Medium Density Residential (MR-5) land use and zoned Palm Beach County Single-Family Residential (RS); and, Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 2 West: Site Features: Proposal: Concurrency: Traffic: School: Police I Fire: Utilities: Drainage: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). According to the survey, the subject site is currently vacant, and has 90 feet of frontage on Federal Highway, 145 feet of frontage on Bamboo Lane, and 70 feet of frontage on Palmer Road. Bamboo Lane is an ingress-egress easement approximately 50 feet in width, and Palmer Road is a 20 foot right-of-way. Both roads provide primary access to single-family residential lots located east of the subject property. BACKGROUND Michael Hanlon of HNM Architecture, LLC, representing Nigel Development, Inc. is requesting new site plan approval for the construction of a 7,497 square foot professional business office building with under-story parking on the 0.265-acre parcel. The applicant has also requested to annex the subject property (ANEX 06- 008), amend the land use classification from CHIS (PBC) to LRC, and rezone from CG (PBC) to C-3 (LUAR 06-021). ANALYSIS A traffic statement for the project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated August 21, 2006, Palm Beach County Traffic Division determined that the project will generate 172 new daily trips which they state constitutes an "insignificant impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County". No building permits are to be issued for the project after the build-out date of 2008. School concurrency is not required for this type of project. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. The City's water capacity, as increased through the purchase of up to S million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the reView of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 3 Driveways: The site plan (Sheet A-1.0) shows that one (1) access point is proposed from Bamboo lane approximately 88 feet east of the west property line of the subject property. The proposed access drive would be 27 feet in width and provide ingress and egress. The proposed office building would front Bamboo Lane and have no direct access to Federal Highway. Parking: A professional business office use requires one (1) parking space per 300 square feet of gross floor area. The site plan (Sheet A-1.0) proposes a 7,497 square foot office building, which would require a minimum of 25 parking spaces. The site plan depicts 25 parking spaces, including one (1) space designated for handicap use. The proposed parking spaces include a mix of surface parking on site and under- story parking. Since there is no extra parking provided, the site plan notes that medical offices, which require one parking space per 200 square feet of gross floor area, would not be allowed. All spaces, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 16 feet in length with a 2 foot overhang, for a total size of nine feet by 18 feet. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The proposed open space or "pervious" area would be 2,590 square feet or 22.4% of the total lot. The landscape code requires that 50% or more of the plant material be native species. According to the landscape plan (LA1.0), the applicant proposes to landscape around the parking areas and building utilizing native species such as Gumbo Limbo canopy trees and Royal Palm trees, and native shrubs such as Cocoplum, Beach Sunflower, and Spider Lily. The proposed landscaping provides a complimentary mix of canopy and palm trees such as Yellow Elder, Gumbo Limbo, and Royal Palms. All trees would be the required minimum of 12 feet in height at time of planting. However, trees proposed around the building must be installed at one-half the height of the building per the land Development Regulations (see Exhibit "c" - Conditions of Approval). The landscape plan notes indicate that non-potable water will be used as the source of inigation for the project. However, if the non-potable water source proves to be too brackish, and potable water has to be used for irrigation purposes, then the use of drought-tolerant species shall be utilized, and water conserving inigation techniques be applied such as a drip system (see Exhibit "c" - conditions of approval). Building and Site: The Office at Bamboo lane is designed as a two (2)-story structure, with under- story parking. The elevations (sheetA-4.0) indicate the top of the roof at 41 feet in height, and the top of the parapet at 45 feet, which is the maximum height allowed in the C-3 zoning district. The grQund floor would consist of 555 square feet of lobby area including an elevator and stairway, and an under-story parking area. The second and third floor plans (sheet A-l.l) would each consist of 3,471 gross Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 4 square feet of which 3,234 square feet would be air-conditioned space. The floor plans indicate offices for future tenants and restrooms. A second stairway is proposed at the south end of the under-story parking area. The remainder of the site would consist of surface parking and landscaped areas. Design: The modern office building design would include a smooth stucco finish on masonry walls with 12-inch wide stucco banding, concrete eyebrows at the top of each floor, and balconies with stainless steel railings. All windows would be clear anodized aluminum frames with light gray tinted impact resistant glass, including the round decorative windows. According to the elevations and materials board, the main body color of the office building would be white: "Brilliant White". The color of the contrasting trim banding is proposed as a gray: "Platinum Gray", complementing the stainless steel balcony railings and aluminum reveals. The concrete eyebrows would be a slate blue: "Province Blue", and provide interest and shadowing on the building. All paints would be Benjamin Moore. Signage: The elevation pages (Sheet A-4.0) show the locations of the wall signs for the proposed office building (north elevation from Bamboo Lane and west elevation from Federal Highway, near the building entrance). The signs would have cast aluminum surface mounted letters in Century Gothic font. No freestanding monument sign is proposed. The north elevation is the building front and would include the main wall sign (61 square feet of sign face) at 38 feet in height on the building. In addition, a rounded concrete wall enclosure would include an identical but smaller wall sign (16 square feet). Each of these wall signs would identify the name of the building and website: "The Office @ bamboolane.net". The building address numbers "3847" (5 square feet) are proposed at approximately 44 feet in height on the building and would consist of aluminum. The west elevation is the side of the building seen from Federal Highway and would include wall signage identical to the Bamboo Lane signage (27 square feet) at a height of approximately 38 feet on the building. Two (2) additional wall signs (33 square feet each) for tenants would be located approximately 38 feet and 25 feet in heIght on the building. Similarly, the building address numbers "3847" (4.5 square feet) are proposed at approximately 44 feet in height on the building and would consist of aluminum. Ughting: The photometric plan (sheet A-o.l) proposes freestanding lighting fixtures, as well as wall mounted lighting fixtures. The three (3) freestanding pole fixtures would be 18 feet in height and would be located near the entrance to the site, and in the parking areas. All proposed lighting will be shielded to direct light down and away from adjacent properties and rights-of-way. Art: An open space is Proposed along Bamboo Lane in close proximity to Federal Highway to exhibit public art, in compliance with the newly adopted requirement for developments to provide public art work. The artwork is proposed as a sculpture as part of a functional bike rack near the building entrance. This artwork Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 5 will enhance the ambiance of the proposed development. Ultimate review and approval of the artist and sculpture is still pending by the Arts Commission. RECOMMENDATION Staff has reviewed the applicant's request for new site plan approval and recommends approval of the request. However, the site plan approval is contingent upon approval of the variance request (ZNCV 06- 011) for minimum lot size in the C-3 zoning district. No building permits shall be issued unless the variance request is approved. In addition, the new site plan request is contingent upon the approval of the accompanying prerequisite applications for annexation (ANEX 06-008), land use amendment I rezoning (LUAR 06-021), and subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or required by City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Bamboo Lane\NWSP\Staff Report.doc e EXHIBIT "A" - LOCATION MAP NIC -./ ~ /! ~ o 25 50 100 150 200 ~- ,Feet -+, s I III ,I I iI I'! ii!, H - ii-I ill 111 ~,- ,Id I: '. ",-~ ,I.. Ir ':,. . , -, '" , 'I I iI. Idi< Il.l~ ~d lie ~--------- I , , I , , .1 !: !I I: 11 ;, ii j: 'I i: ;1 ;, , , !I i. ~ , r , !' Ii Ii , , ~ , , I , , I ~.t.!..!\ : J T T 1 1 1 1 1 1 \1 III , , 'wI, -IU I ,~ I ~II ~~a I ~ II t :It ' ~. i' ll~ 'I! ir. : Y ;j!! t-l ~~ \ \ ~ r ~jf ~'1 \/ 'j I~ ~.. 1'~' ,;,- ~I '! 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Exhibit "c" CONDITIONS OF APPROVAL New Site Plan Project name: The Office @ Bamboo Lanc File number: NWSP 06-023 Refercnce: 3rd review plans identified as a New Site Plan with a September 19, 2006 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Forestrv and Grounds Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Full drainage plans; incJuding drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of pennitting. 4. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shaH 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 pennit application. UTILITIES Comments: The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 2 of5 DEPARTMENTS INCLUDE REJECT 5. All utility easements and utility lines shall be shown on the site plan and X landscape plans (as wcll as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article ], Section 18.] gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 6. Fire flow calculations will be required demonstrating the City Code X requirement of ],500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section ] 6, or the requirement imposed by insurance underwriters, whichever is grcater (CODE, Section 26-]6(b)). 7. Remove reference to "by others" for sanitary sewer service lateral on civil X sheet I of 2. 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Hea]th Department application fonns or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Show proposed meter size on the plans. 9. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability X 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) and will be reviewed at the time of construction nerrnit annlication. FIRE Comments: None X POLICE .~- Comments: ] ]. Staff recommends that all exterior doors be equipped with security hinges and X be reinforced with case hardened strike plate. -- ] 2. Staff recommends that the building be pre-wired for CCTV and alarm X systems. - -- The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 3 of5 I DEPARTMENTS INCLUDE REJECT 13. Staff recommends that glass perimeter doors be equipped with case hardened X guard rings to protect the mortise lock cylinder. BUILDING DIVISION Comments: 14. Please note that changes or revisions to these plans may generate additional X comments. Acceptance ofthesc plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 15. Buildings, structures and parts thereof shaIl be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shaIl be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shaIl be submitted for review at the time of permit application. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the foIlowing issues: . The design professional-of-record for the project shaIl add the foIlowing text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." . From the FIRM map, identify in the site data the title of the flood zonc that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. . Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. 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. 19. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a weIl or body of water as its source. A copy of the permit shaIl be submitted at the time of permit application, F.S. 373.216. The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 4 of5 , , DEPARTMENTS INCLUDE REJECT 20. 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: The full name of the project as it appears on the Development Order and the Commission- approved site plan. 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). 2]. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 22. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 23. The full address of the project shall bc submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 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. PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 24. Approval of this project is contingent upon the approval of the accompanying X requests for annexation (ANEX 06-008) and land use amendment I rezoning (LUAR 06-02]). 25. Site plan approval is contingent upon approval of the variance request to X -- minimum lot size. No building permits shall be issued unless the variance request is approved. ..~ 26. It is the applicant's responsibility to ensure that the application requests are X publicly advcrtised in accordance with Ordinance 04-007. The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 5 of5 DEPARTMENTS INCLUDE REJECT 27. If potable water is used for irrigation purposes, the use of drought tolerant X plant species (per the South Florida Water Management District Manual) shall be maximized, and the irrigation system should have water conserving designs (such as a drip system), where possible. 28. The trees proposed around the proposed office building must be installed at Y, X the building height of the building (Chapter 7.5, Article IT, Section S.M.). 29. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program. COMMUNITY REDEVELOPMENT STAFF COMMENTS Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: None X ADDITIONAL CITY COMMISSION COMMENTS Comments: To be determined. MWRJkz S:IPlanningISHAREOIWPIPROJECTSlBamboo LaneINWSP 06-023ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Office at Bamboo Lane APPLICANT: Jaime Mayo, Nigel Development, Inc. APPLICANT'S AGENT: Michael Hanlon, HNM Architecture, LLC AGENT'S ADDRESS: 3705 North Federal Highway, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 7.497 square foot professional business office building on a 0.265-acre parcel in the Community Commercial (C-3) zoning district. LOCATION OF PROPERTY: 3847 North Federal Highway (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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:\Pbnning\SHARED\WP\PROJECTS\Bamboo Lane\NWSP 06-023\DO,doc Vr }- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM KIl. LEGAL DEVELOPMENT ITEM A.l0 Requested City Commission Date Final Form Must be Turned Meetinll Dates in to City Clerk's Office ~ December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) 0 0 January 16, 2007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16, 2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meetin2 Dates in to Citv Clerk's Office February 20,2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) March 20, 2007 NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o o ~ o o City Manager's Report New Business March 5, 2007 (Noon) o CT> March 19, 2007 (Noo~ ..:: N N --0 ::E .;s; t.) N C) -'.'"'")--1 ::;-< -<0 (J ." rro rtlo ::0-< "":z: -... (/)0 O:z: .....a:J 2!fTl n)> fTlO :x Apri13,2007 Legal Unfinished Business RECOMMENDATION: Please place this request on the December 5,2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item on November 21, 2006, under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No. 06- EXPLANATION: PROJECT: AGENT: Ellipse (Sunshine Square) (REZN 06-008) Bonnie Miskel, Esq. And Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Southwest comer of Federal Highway and Woolbright Road Request to rezone from Commnnity Commercial (C-3) to Mixed Use Low Intensity 3 (MU-L3) for a proposed mixed use project on 14.41 acres. OWNERS: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: ~." Assistant to City Manager ~ ZrJ Planning and Zo irector City Attorney I Finance S:\Planning\SHARED\WP\PROJEC \Sunshine Square\LUAR 06..Q16 REZN 06-OO8\Agenda Item Request Ellipse (Sunshine Sq) REZN 06-00812-5- 06.doc S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.OOC 1 ORDINANCE NO. 06-064 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF SUNSHINE SQUARE CRP, 6 LLC, AMENDING ORDINANCE 02-013 TO 7 REZONE A PARCEL OF LAND LOCATED AT 8 SOUTHWEST CORNER OF WOOLBRIGHT ROAD 9 AND SOUTH FEDERAL HIGHWAY AS MORE 10 FULLY DESCRIBED HEREIN, FROM 11 COMMUNITY COMMERCIAL (C-3) TO MIXED 12 USE LOW 3 (MU-L3); PROVIDING FOR 13 CONFLICTS, SEVERABILITY, 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 City; 18 and 19 WHEREAS, Sunshine Square CRP, LLC, has filed a petition to rezoning a parcel of 20 land more particularly described hereinafter; and 21 WHEREAS, the City Commission, following required notice, conducted a public 22 hearing to consider the rezoning and heard testimony and received evidence which the 23 Commission finds supports a rezoning for the property hereinafter described; and 24 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 25 the Land Use described in the City's Comprehensive Plan; and 26 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 27 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing Whereas clauses are true and correct and incorporated S:\CA\Ordinances\Planning\Rezoning\Rezoning - Sunshine Square(rev EB).doc 1 herein by this reference. 2 Section 2. The following described land located at Southwest comer of 3 Woolbright Road and South Federal Highway, is hereby rezoned from Community 4 Commercial (C-3) to Mixed Use Low 3 (MU-L3): 20 line of Dixie Highway (U.S. Highway No. I); 21 22 23 24 25 26 27 28 29 30 31 32 thence run West ajong the North line of said Tract for a distance of 381.54 feet; thence run South a distance of 125 feet to the South line of said Tract: thence run due East along said South line to the West line of Dixie Highway (U.S. Highway No. I); thence run Northerly along said West line to the POINT OF BEGINNING. TOGETHER WITH: That part of Lot I and that part of the North 1/2 of Lot 2, as recorded in pjat Book I, Page 4, of the Public Records of Palm Beach County, Florida, lying East of the Florida East Coast Railroad. S:\CA\Ordinances\Planning\Rezoning\Rezoning - SlUlshine Square(rev EB).doc 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 6 Commencing at the Northeast comer of Section 33, Township 45 South, Range 45 East, Palm Beach County, Florida; 7 8 9 thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along the North line of Section 33, (and the centerline of Woolbright Road), a distance of 418.40 feet to a point on the Northerly extension of the West Right-of-Way line of the 100 foot Right-of-Way of Federal Highway, (State Road No.5); thence with a bearing of South 01 degrees 02 minutes 15 seconds West, along the West Right-of-Way line of Federal Highway, a distance of 180.01 feet to the POINT OF BEGINNING; thence continue along the forementioned West Right-of-Way line of Federal Highway with a bearing of South 01 degrees 02 minutes 15 seconds West, a distance of 55.31 feet; thence with a curve to the right having a radius of 2814.93 feet, a central angle of 3 degrees 53 minutes 47 seconds, an arc length of 191.43 feet and a chord bearing of South 02 degrees 59 minutes 09 seconds West, to a point; thence with a bearing of South 04 degrees 56 minutes 02 seconds West, a distance of 265.59 feet to a point; thence with a bearing of South 89 degrees 21 minutes 47 seconds West, a distance of 365.77 feet to a point; 27 thence with a bearing of South 01 degrees 12 minutes 13 seconds East, a distance of 125.00 feet to a point on the North Right-of-Way of 50.00 foot Right-of-Way ofS.E. 18th Ave.; 28 29 thence with a bearing of South 89 degrees 21 minutes 47 seconds West, along S:\CA \Ordinances\PJanning\Rezoning\Rezoning. Sunshine SqUare{rev EB).doc 1 the North Right-of-Way line of S.E. 18th Ave., a distance of 475.00 feet to a 2 point on the East jine of Lot 2, as recorded in Plat Book I, Page 4, of the 3 Pubjic Records of Palm Beach County, Florida; 4 thence with a bearing of South 01 degrees 12 minutes I3 seconds East, ajong 5 the East line of Lot 2, a distance of 157.38 feet to the South line of Lot 2; 6 thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along 7 the South line of Lot 2, a distance of 99.45 feet to the point on the East Right- 8 of-Way line of the 100 foot Right-of-Way for the Florida East Coast Railroad; 9 10 thence with a bearing of North 08 degrees II minutes 15 seconds East, along 11 the East Right-of- Wayline of the Florida East Coast Railroad, a distance of 12 948.77 feet to a point on the South Right-of-Way line of the 80.00 foot Right- 13 of. W ay for Woolbright Road, said point lying 40.00 feet South of the North 14 line of Section 33; 15 16 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, along 17 the South Right-of-Way line of Wool bright Road, said line lying 40.00 feet 18 South of and parallel to the North line of Section 33, a distance of 685.48 feet 19 to a point; 20 21 thence with a bearing of South 01 degrees 02 minutes 15 seconds West, a 22 distance of 140.00 feet; 23 24 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, a 25 distance of 150.00 feet more or less to the POINT OF BEGINNING. 26 27 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 28 reference. 29 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Sunshine Square(rev EB).doc 1 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 2 repealed. 3 Section 5. Should any section or provision of this Ordinance or any portion thereof 4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 5 remainder of this Ordinance. 6 Section 6. This ordinance shall become effective immediately upon passage. 7 FIRST READING this AL day of NOllem kL, 2006. 8 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 City Clerk 28 29 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\OJ-dinances\Planning\Rezoning\Rezoning - Sunshine Square(rev EB).doc '~~..~ (( , I . ~. . DEPARTMENT OF DEVELOPMENT Memorandum PZ 06. TO: Chair & Members Community Redevelopment Agency Board and City Commission Michael RU~ Planning & Zoning Director Ed Breese, ~ Principal Planner November 1, 2006 Ellipse (fka Sunshine Square) SW corner of Federal Highway & Woolbright Road (REZN 06-008) Rezoning of property from Community Commercial (C-3) to Mixed-Use Low Intensity 3 (MU-L3) THROUGH: FROM: DATE: RE: As a result of numerous meetings and workshops involving the City Commission, CRA, P&D Board, staff and the public, the current zoning regulations involving two (2) Mixed-Use zoning districts (MU-H and MU-L) are undergoing amendment to four (4) Mixed-Use zoning districts (MU-H and MU-L 1, MU- L2 & MU-L3). The expansion to four (4) mixed-use districts allows greater conformance with the 'rjous redevelopment plans and the needed flexibility for the various corridors. When Sunshine Square petitioned for Large Scale Comprehensive Plan amendment to change the land use and zoning of their property in March of this year, they applied for Mixed-Use Low Intensity (MU-L) zoning, identical to what was approved north, across Woolbright Road, at the former Gulfstream Lumber site, now known as Las Ventanas. In October, staff submitted to the CRA and P&D Boards for their review and recommendation to the City Commission, the proposed amendments to the Mixed-Use Zoning districts, which depict the Mixed-Use Low Intensity 3 (MU-L3) designation for this site. Both Boards recommended the City Commission adopt the new Mixed-Use districts and regulations as proposed. Relative to the Sunshine Square property, the proposed elimination of the MU-L district and its replacement with the MU-L3 district has little to no discemable change on the development regulations. Any project proposed for the site would still be allowed to construct to a height of 75 feet and at a density of 40 dwelling units per acre. However, the previous restriction note for "Grocerv Stores. Suoermarkets. has been amended to allow a full size store to be developed. This was based on research indicating that the maximum size currently allowed under the MU-L code is less than what most supermarket chains are willing to develop. This particular amendment will accommodate and further the redevelopment of the Sunshine Square site and its associated Publix store in accordance with the vision for the city's urban area. The further details of the Ellipse (Sunshine Square) mixed-use project are deferred to the corresponding site plan staff report (NWSP 06-021). . "ached is the original staff report (LUAR 06-016) dated June 1, 2006. Staff concludes that this . ,posed rezoning (REZN 06-008) is consistent with the previously approved staff analysis, report and Commission action, and therefore recommends approval. DEVELOPMENT DEPARTMENT PLANNING &. ZONING DMSION MEMORANDUM NO. PZ 06-122 TO: Chair and Members Community Redevelopment Agency Board and Mayor and City Commission FROM: Hanna Matras Planner ~ Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: June 1, 2006 Sunshine Square/LUAR 06-016 To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MX) on the Future Land Use Plan, and rezone from Community Commercial (C-3) District to Mixed Use- Low Intensity (MU-L) in order to redevelop the shopping plaza as a mixed use development. PROJECT DESCRIPTION Property Owner: Sunshine Square CRP LLC Sunshine Square CRP LlqRuden McClosky-Bonnie Mlskel, Esq. and Applicant/Agent: Kimberly Glas-Castro, AICP Location: Southwest comer of the intersection of Federal Highway and Woolbright Road. (Exhibit "'A") Parcel Size: 14.42 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Mixed Use Proposed Zoning: MU-L Mixed Use-Low Intensity Proposed Use: Mixed Use development containing 576 residential units for an overall density of 39.94 dwelling units per acre (du/ac), 150,602 square feet of commercial retail use and 11,050 square feet of office use for a Roor Area Ratio (FAR) of 1.71. Page 2 Ale Number: WAR 06-000 Sunshine Square Adjacent Uses: North: South: East: West: Right-of-way of Woolbrlght Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest comer of the Intersection of Federal Highway and Woolbrlght Road contaIns a gas station and Is classified Local Retail Commercial and zoned C-3 Community Commercial. It Is not Included In the request for land use amendment and rezoning. To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and contaInIng a small strfp commercial shoppIng plaza, south of thIs, the rlght-of-way of SE 18111 Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial. Right-of-way of Federal HIghway, then property classIfied Local Retail Commercial and zoned C-3 Community Commercial and developed as the Rlverwalk shopping center. Right-Of-way of the Aorlda East Coast railroad, then the Oty's Utilities Department facilities designated Public and Private Govemmentall Institutional and zoned PU Public Use. EXECUTIVI; SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the follOwing reasons: Staff recommends approval of the requested land use amendment for transmittal to the Florlda Department of Community Affairs and the accompanying rezoning for the following reasons: 1. The future land use amendment Is consistent With policies of the Oty's adopted Comprehensive Plan, particularly the portions of policy 1.16,1 defining the Mixed Use land use category and the Implementation of the Boynton Beach 20/20 Primary Target Atafs Overlays; 2. The requested land use amendment and rezoning meet or exceed the afterla for review, as required In the Land Development Regulations; and, 3. The Proposed redevelopment plan Is consistent with the Proposed amendments to the Federal Hiohwav CoITfdor Communltv RedeveJooment P1al1i however, 4. The requested land use amendment and rezoning should only receive final approval If a site plan for the development Is approved concurrently, and If proposed changes to the Page 3 Rle Number: LUAR 06-000 Sunshine Square Federal Highwav Conidor Community Redevelooment Plan and the Mixed Use zoning districts have been adopted. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 14.42 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. A "large-scale" amendment Is transmitted to the Rorlda Department of Community Affairs for their review and comment prior to adoption. Adoption must take place before the end of the 2006 calendar year and is tentatively scheduled for late November or early December of this year. The Federal Hlghwav Conidor Community Redeveloonlent Plan. as adopted in May 2002, placed the subject property in "Planning Area V", and does not recommend use of the Mixed Use-Low Intensity zoning districts within this planning area; however, staff has recognized that the development node surrounding the intersection of Federal Highway and Woolbright Road Is an important area and should be Induded in "Planning Area IV", which does allow the use of Mixed Use-Low Intensity zoning. Staff Is currentiy preparing amendments to the Redevelopment Plan to Include this area In "Planning Area IV" as presented in workshops with both the CRA and the Oty Commission. In addition, Staff Is preparing amendments to the Mixed Use zoning districts that would allow all of the uses, density and Intensity proposed in the applicants plan; therefore, the amendment should be considered. It should be noted that this project has been designed In antidpation of the City's establishment of the Mixed Use-Low Intensity 3 zoning district prior to final adoption of this request for land use amendment. The proposed code amendments would divide the current Mixed Use-Low Intensity zoning district Into three districts. Each of the proposed districts will have distinct allowable densities, Intensities, heights and design controls. The proposed Mixed Use-Low 3 zoning district Is Identical to the existing Mixed Use-Low Intensity zoning district with respect to residential density, non-residential Intensity (FAR) and allowable maximum height. However, the proposed supermar1<et can only be built at Its proposed size under the pending Mixed Use- Low 3 zoning district. It Is the Intent of both staff and the applicant to transition the zoning request from MU-L to MU-L 3 following completion of draft ordinances and review of the proposed reclassification by the state. Site Plan Analvsis According to the Land Development Regulations, "All development and redevelopment (utilizing the Mixed Use Zoning Districts) shall require a site plan approval to be processed concurrently with the application for rezoning." A conceptJJal site plan was submitted with the original application, which is discussed below; however, It Is antldpated that a full site plan will be submitted at an early date so that It can be reviewed In a timely manner against all design objectives and requirements of the Land Development Regulations for the zoning district prior to adoption. The conceptual site plan shows the site dMded Into four quadrants by a central street running north to south between Woolbright Road and SE 18th Avenue and another running east to west from Federal Highway to a service drive paralleling the FEe railroad right-of-way. The north- south road has an elliptical median containing landscaped areas. Sidewalks front arcaded retail Page 4 Ale Number: WAR 06-000 Sunshine Square structures on each side of the street. Retail/office structures front on Woolbright Road, Federal Highway and the east-west Internal street. The center of each of the three quadrants contains parl<ing decks. The remaining quadrant, located on the northwest comer of the site, contains a Publlx supermarket under a two-level parking deck and topped with a recreat:lon deck on the top level. The northwest, northeast and southeast quadrants all contain residential units above the street-level commercial spaces. The southwest quadrant contains retail along the Internal street and residential and live-work units along SE 18th Avenue, as well as resldent:lal units on upper levels. According to the conceptual plans, the northeast quadrant (near the intersection of Federal Highway and Woolbright Road) will be the flrst phase In the development; followed by the northwest quadrant as phase two and the southwest quadrant as phase three. The southeast quadrant will be phase four. No architectural concepts were submitted wIth the plans, and any real consideration of the site plan should be withheld until the full set of site plans has been formally submitted, It should be understood, however, that flnal approval of the requested land use amendment and rezoning cannot occur without concurrent approval of the site plan. Review Based on CrIteria The criteria used to review Comprehensive Plan amendments and rezonlngs are listed in the Land Development Regulat:lons, Chapter 2, SectIon 9, Administration and Enforcement, Item Co Comprehensive Plan Amendments: Rezonlngs. These cr1teria are required to be part of a staff analysis when the Proposed change Includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent With applicable comprehensive plan polides Indudlng but not limited tv, a prohibition against any Increase In dwelling unit density exceeding 50 In the humcane evacuation zone Without written approval of the Palm Beach County Emergency Planning DIvision and the aty.s risk manager. The planning department shall also recommend IImll:i1t1ons or requirements, which would have tv be Imposed on subsequent development of the property, In order tv comply with pol/des contained In the comprehensive plan. The property Is not located In the hurricane evacuation zone therefore, that section of the criterion Is not applicable. According to the Comprehensive Plan Future Land Use Element, Objective 1.16.1, "The Oty shall cont:lnue to regulate the use, density, and Intensity of land use, by requiring that all land development orders be consistent with the Future Land Use Plan and other appncable policies of the Comprehensive Pian". Policy 1.16.1 of the Land Use Element reads under "Mixed Use..the following: "Business, professional, and admlnistrat:lve offices; retail uses, personal services, business services which are compat:lble with retail uses; entertaInment, recreat:lon fadlitles, amusements, attract:lons, and expositlon halls; hotels and residential uses with a gross density up to 40 dwelling units per acre; places of worshIp, elementary Page 5 Rle Number: LUAR 06-000 Sunshine Square and high schools, and day-care services; governmental uses and activities; civic organizations and community centers; home occupations. All land development located in the Mixed Use-Low Intensity category shall be required to submit a plan that Includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category." In the same policy, under "Boynton Beach 20/20 Primary Target Areas Overlays", the following language directed Initiation and Implementation of the Federal Hlohwav Corridor Communltv Redevelooment Plan: ~The target areas delineated In the Boynton Beach 20/20 Redevelopment Master Plan as ~Primary Target Areas" shall be studied. Studies and/or redevelopment studies may address public Improvements, Infrastructure, building placement, architectural character, streetscape, slgnage, landmark opportunltJes and unifying design concepts. Implementation mechanisms may Include, but are not limited to, adoption of overiays In the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be revlewed by the Community Redevelopment Agency and/or approved by the Oty Commission. The Primary Commercial Target Areas shall include but not be limited to: . Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; . U.S.1 from north to south city limits, " As stated above, the Federal Hlohwav Corridor Community Redevelooment Plan Is currently being updated to place the subject property within Planning Area 'N, which will allow the use of the requested land use designation and zoning category. Approval of the requested land use amendment and rezoning for transmittal to the Department of Community Affairs can take place; however, final approval of the requests should not occur until the changes to the Federal Hiohwav Corridor Communltv Redevelooment Plan are adopted by the CRA and Oty Commission. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an Isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special prtvllege to an Indtvldual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be a continuation of the Mixed Use land use designation and Mixed Use-Low Intensity zoning already In place on property located Immediately north of the subject property aaoss Woolbright Road, and does not constitute a grant of special privilege to an Individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. Page 6 Ale Number: WAR 06-000 SunshIne Square The proposed project replaces an antiquated suburban shopping plaza surrounded by large areas of surface parklng, with a development containing commercial and resIdential uses Integrated Into an urban setting, which will enhance the Importance of the Intersection of Federal HIghway and Woolbright as an Important "node of development" on this POrtion of the Federal Highway Corridor. In addition, It will support redevelopment of the coastal area In keeping with the "Eastward Ho" Initiative, proVide commercial service to the barrier Island population, whIch Is allowed no commercial land uses per their adopted Comprehensive Plan, and support the downtown development In Boynton Beach. d Whether the Proposed use would be compatible wfth utility systems, roadways, and other public fadlities. The proposed mIxed use development Is compatible with utility systems, roadways, and other public facilities. Traffic analyses presented by the applicant show that If the site were developed to Its max/mum potential under the existing land use and zonIng, the total average dally traffic would be 15,126 trips per day, compared to a max/mum potential of 25,913 trips per day under the requested land use and zoning; however, the applicant Is proposing a project of an IntensIty and density far less than the maximum. The proposed project Is anticipated to generate only 13,049 trips per day, which would be a potential reduction In maximum average dally traffic of 2,075 trips. Demands for water and sewer capacity will Increase on the site due, In large part to the introduction of 576 residential unIts onto the site. Total demand for POtable water Is estimated at 254,566 gallons per day; demand for sewer capacity Is estimated at 211,942 gallons per day. The project is located in Concurrency Service Area (CSA) 19 for detennlnlng pUblic school concurrency. There is no High School located within the CSA; however, the total Middle School enrollment as of July 2005, was at 76% of facility capacity and total Elementary School enrollment was at 74% of capacity. High Schools In the two abutting CSAs are at 87% of capacity In CSA 17 and 79% of capacity In CSA 20 as of July 2005. The Palm Beach County Solid Waste Authority has detennlned that sufficient disposal capacity exists for the lo-year planning period. LastJy, drainage will be reviewed In detail as part of site plan reView, and must satisfy all requirements of the city and local drainage pennlttlng authorities. e. Whether the ptrJpOSed rezoning would be compatible wfth the WfT'ef1t and future use of adjacent and neartJy properties, or would affect the property values of adjacent or neartJy properties. The proposed rezoning will be compatible with the current and future use of adjacent and nearby properties and Is anticipated to have a POSitive affect on the pi'operty values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing zoning. Page 7 File Number: LUAR 06-000 Sunshine Square The subject property is the site of an existing but antiquated shopping plaza, which could continue to operate in Its present state; however, without major renovations Its continuing viability Is questionable. The project proposed as a replacement will Integrate residential and commercial uses, provide structured parking, and Indude Inviting pedestrian-friendly areas, which should Increase the economic viability of the property. g. Whether the proposed rezonIng Is of a scale whIch Is reasonably related to the needs of the neIghborhood and the dty as a whole. The subject rezoning and subsequent use of the property would represent a positive contribution to both the neighborhood and the city. The provision of residential units in dose proximity to neighborhood retail will serve to intemallze trips that would otherwise require travel off the site for essential shopping. The redevelopment also retains the Publlx supermarket in the area, and provides a pedestrian-friendly area In place of the sea of parking currently found on the site. h. Whether there are adequate sItes efsewhere In the cIty for the proposed use, In dIstricts where such use Is alreadyaffowed. The mixed use zoning districts are unique In that they are only placed on the zoning map when a site plan Is approved concurrent with the rezoning; therefore, there are no available sites elsewhere in the dty where the use is already allowed. In addition, there are a limited number of areas eligible for rezoning to either the MU-L3 Mixed Use-Low Intensity or C-3 Community Commercial districts that equal the size of this property, and where significant development can take place. CONCLUSIONS/RECOMMENDATIONS As Indicated herein, this request Is consistent with the intent of the Comprehensive Plan and with the proposed changes to the Federal Hlahwav Corridor Community Redevelooment Plan; will not create additional impacts on Infrastructure that cannot be accommodated within existing capadtles; will be compatible with adjacent land uses and will contribute to the overall economic development of the aty. Therefore, staff recommends: 1. That the Oty Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; 2. That the subject requests have been reviewed based on the required criteria; 3. That the proposed redevelopment plan Is conslstent with the vision and recommendations of the Federal Hlahwav Corridor Communltv Redevelooment Plan: and therefore, 4. That the land use amendment and rezoning be approved for transmittal to the Rorida Department of Community Affairs for their review and comment; however, 5. Following the DCA's review, final adoption of the land use amendment and rezoning should only be approved If a site plan for the development Is approved concurrently, and If proposed changes to the Federal Hlghwav Corridor Community Redevelooment Plan and the Mixed Use zoning districts have been adopted. AlTACHMENTS s:\Ptamlng\SHARED\WP\PROJECTS\SunsI1Ine Square\WAR 06-016\Slaff report SUnshine Square WAR 06-016 revIsed.doc LOCATION MAP Sunshine Square LUAR 06-016 \ I I IlIfT r~~~di ~f:- ~ I 11.1.1 I I f-- T I = t I--r~ 111111 111\ II ~ r-- V f--J 1 - I IT I II' ~L -II -1 1 II r- ::::J..- ~I II II I I IIII -J I I I :'If ~~"R"'" il 1 SITE ..,/; II II ;?1 ~ ~ IIIIDi1 IL III r:: f---...... - l~ - = ~ - ~- -MAltli'....... <$>fIJ1J1JlJ1J '- I I ( I&re - I T 'T I ( Ilr -, "1 II l3 -i - r=t: .... ~ '--- I- .... - l- I-- l- Ll L- -- - FL 1---1 I ~ -- J .--J I I - I- -1 \ l- b!!!l - 8 rnllT 1J ~ ....1 I T - J.....; III,\Y.>I r r - 960 480 o 960 Feet iC( XII. LEGAL DEVElOPMENT ITEM A.ll CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetinll Dates in to City Clerk's Office [8J December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 0 January 16, 2007 January 2, 2007 (Noon) 0 0 February 6. 2007 January 16, 2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meetine Dates in to Citv Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) NATURE OF AGENDA ITEM o AlUlouncements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements [8J Public Hearing o o o o o City Manager's Report New Business Legal Unfmished Business -0 ::J: r:-.? o 0...... :::;-< -<0 o'T1 rro MO ::0-< :::<:::z: -...... <1>0 O:Z: "CD ~l"1 0> l"1n ::t: March 20, 2007 C> March 5, 2007 (Noon) CT\ :z: o March 19, 2007 (Noo~ N N April 3, 2007 Co) N RECOMMENDATION: Please place this tabled item on the December 5, 2006 City Commission Agenda under Legal, Ordinance - Second Reading, to follow fmal consideration of the corresponding ordinances for land use amendment and rezoning. For further details pertaining to the request, see attached Department Memorandum No. 06-199. EXPLANATION: PROJECT: AGENT: Ellipse (Sunshine Square) (HTEX 07-001) Bonnie Miskel, Esq. And Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P .A. Sunshine Square CRP LLC Southwest comer of Federal Highway and Woolbright Road Request for a height exception of 19 feet to allow for a total height of94 feet to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles, to exceed the maximum building height of75 feet on the MU-L3 zoning district, for a total of 94 feet. OWNERS: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Develo City Manager's Signa e j Assistant to City Manager ~ Pl::~ :m~tor City Attorney / Finance S:\PlanningiSHARED\WP\PROJECTS\Sunshine Square\HTEX\Agenda Item Request Ellipse (Sunshine Sq) HTEX 07.001 12-5-06.doc S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECf: REQUEST: bEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-199 Chair and Members Community Redevelopment Agency Board and City Commission \.~. Michael Rumpf I'-' Director of Planning and Zoning Kathleen Zeitler fa Planner November 7,2006 Ellipse / HTEX 07-001 Height Exception Sunshine Square CRP, LLC Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: Sunshine Square CRP, LLC Bonnie Miskel, Esq., Kim Glas-Castro, AICP / Ruden McClosky Southwest corner of Woolbright Road and Federal Highway(Exhibit "A") Local Retail Commercial (LRC) Community Commercial (C-3) Mixed Use (MX) Mixed Use Low-3 (MU-L3) Retail: Office: Residential: 140,449 square feet 13,490 square feet 576 units (18 live/work townhomes) (558 condominiums) 14.42 acres (628,135 square feet) Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. It is not included in the Ellipse project. To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 2 commercial shopping plaza, south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial. East: Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center. West: Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities designated Public and Private Governmental! Institutional and zoned PU Public Use. BACKGROUND Sunshine Square CRP, LLC proposes to develop a large-scale mixed-use project to replace the dated Sunshine Square shopping center. The subject property is located within Study Area 5 of the Federal Highway Corridor Community Redevelopment Plan, and is currently zoned Mixed Use Low Intensity (MU-L). The applicant is requesting a rezoning from MU-L to the newly adopted Mixed Use Low Intensity-3 (MU-L3) zoning district, and requesting a new site plan in order to construct a mixed use development with the following: 140,449 square feet ofretail space (including 20,000 square feet of restaurants), 13,490 square feet of office space, and 576 dwelling units (18 live/work townhouses and 558 condominiums). Approval of this request for height exception wiil be contingent upon the approval of the accompanying request for a lew site plan (NWSP 06-021). PROPOSAL The proposed mixed-use project consists of buildings with six (6) residential floors above a floor of ground- level retail, commercial, and office uses, for a total of seven (7) stories. The proposed buildings would wrap around multi-story parking structures with a minimum clearance of 17 feet. The building elevations submitted indicate a roofline height which varies from 77 feet (all Phases) to 80 feet (Phase IIB South only). However, the MU-L3 district allows a maximum building height of 75 feet at the roofline. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.1., Height Umitations and Exceptions, notes that no portion of any structure shall exceed the height except for certain appurtenances on top of a structure such as parapets, cupolas, domes, and electrical and mechanical support systems which may be excepted. Therefore, staff is recommending a condition of approval which requires the building elevations to be revised prior to permitting to comply with the maximum height of 75 feet at the roofline (see Exhibit "C" _ Conditions of Approval). The applicant has indicated to staff that they are in agreement with the recommended condition of approval related to building height, and have submitted reduced elevations which revise the roofline height to 75 feet (see Exhibit "B"). The applicant is requesting a height exception of 19 feet to allow for a total of 94 feet of building height to accommodate the additional two (2) to five (5) feet of building, as well as the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles. The Applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "B"). The requested height exception will allow architectural variation in the roofline and also conceal elevator shafts and stairwell enclosures. The actual ieight exception needed upon compliance with the recommended condition of approval would be 14 feet, rather than 19 feet, to allow a total of 89 feet of building height. However, sbme additional height could be needed to accommodate the building redeslgn for the revised elevations at the time of permitting, therefore staff supports the height exception for the requested amount of 19 feet. Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 3 ANALYSIS The objective of the mixed use zoning districts, in part, is to support and stimulate revitalization efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a mix of uses with higher residential densities and reasonable building heights. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The premise for the height exception was predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45 feet, excluding the CBD and Mixed-Use zoning districts. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the MU"L3 zoning district allows for a maximum building height by right at 75 feet. However, building heights in the MU-L3 may be increased to 100 feet, but only as a conditional use, and when located adjacent to MU-H zoning. As a conditional use, it would be evaluated against a different set of standards. The City Commission approved a new method for measuring building height based on roof type. Ordinance 02-010, adopted on March 19, 2002 defined the building height for mansard and parapet roofs with parapets less than five (5) feet in height, as measured (in feet) from the finished grade to the top of the deck line. The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. The south building elevation for Phase lIB proposes the tallest building within the development, and shows the building would be 80 feet in height at the top of the flat roof. All of the other building elevations (all phases) show the buildings would be 77 feet in height at the top of the flat roof (roofline). This does not comply with the maximum allowable building height of 75 feet in the MU-L3 zoning district. The applicant has demonstrated how the elevations will be revised to comply with the condition of approval prior to permitting (see Exhibit "B"). Certain rooftop elements reach as high as 94 feet or 19 feet above the maximum height threshold. The portions of the roof that require the height exception should consist of parapets, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles, all of which are uninhabitable space. Upon compliance with the recommended condition of approval to revise the building height from 80 feet to 75 feet at the roofline, the proposed height would be compatible with the building heights envisioned for the MU-L3 zoning district. The height exception is required to adhere to the standards set forth in Chapter 2, Section 4.F of the land Development Regulations. The Applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "6" - Applicant Letter). The requested height exception will not have an adverse effect on the existing and proposed land uses in the area. The roofline variation provides more of an aesthetic profile than a flat roof. The highest tower elements (at 94 feet) comprise approximately nine (9) percent of the roofUne. The lower tower elements (at 85 feet) comprise approximately 17 percent of the roofline. Therefore, the highest points of the building roofs total approximately one- quarter (1{4) of the overall roofline. In addition, the roof profiles (parapets), will shield the centralized equipment areas from viewpoints of adjacent properties. As evidenced by previous approvals, this request for height exception would not constitute a grant of special privilege. Staff feels that the additional height requested would enhance the overall project dynamic, and the exclusion of the additional height would be detrimental to the design of the proposed buildings. Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 4 RECOMMENDATION As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying request for new site plan (NWSP 06-021). The proposed Ellipse project would meet an objective of the CRA by creating a critical mass of upscale development in the downtown area that establishes a pedestrian environment and promotes the local economy. The applicant has demonstrated that the proposed project would meet the criteria as set forth in the Land Development Regulations related to height. The applicant has also agreed to staff's recommended condition of approval to revise building elevations at the time of permitting to reduce the building roofline to 75 feet. Some additional height could be needed to accommodate the building redesign for the revised elevations at the time of permitting therefore staff supports the height exception for the requested amount of 19 feet. Staff recommends approval of the request for a 19-foot height exception contingent upon satisfying all comments noted in Exhibit "c" _ Conditions of Approval. Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "C". S:\Planning\SHARED\WP\PROJECTS\SUNSHINE SQUARBHTEX\Staff Report.doc LOCATION MAP Sunshine Square lE...r ~ AM I I I.i,' i I (][ r L.i~1 .i Jl~L ~ 1 I I i Iii (l.clm~Ir-lm I i ! _~I F-=::; I-I~ --i:--ll !~ I I I II' 'I' II ! j J;I ,Ur rf--J '1_1~"Y. ~i~ I /0 ~1:L~8J / -1 'II I 'I I 1:=;, ~ I / I III . _ -I 1'. ," . I. r - i : I III _ _ -'; I! '- T II : l~lj ~I r SITE ! i , 11t : II !i '~ 1M ,- , -- - ------t-- .Ja......w .....JfZ. .., i I!) .kJ!1 J II moo 'I L/! . : I I I II .---1 -( / I ~ I: ' II il ! //;r~) :! I! ;1; ~ J-9ClJ~ " ' : t ~ /" ~"I'I -~~':H I'" ',' 1=f- ~i'J ..,1 ,if,' i-'-- f- Ii I_y' --j 1 Ii - - I L ! --I 8. - .! , i=1 - ~' jmtmIEJ ~~ ~~,/ I I otl! 1.!tlli Itc WP'/)i ,/I! ! !:::I.ll: - tliW aJLll'VI I I j- I I I I 960 480 o .-- T I 1 !lIIDI1 II": ?P ,\bL ...." "./1 L."=:'~[ -;=:: j~ "" ~ ~ e--- Il60 Feel N A EXHIBIT "B" I Ruden ~~ McClosky 200 EAST BROWARD BOULEVARD FORT LAUDERDALE. FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE. FLORIDA 33302 (954) 527-2476 FAX: (954) 333-4076 BONNIE. MISKEl@RUDEN.COM Oclober 12, 2006 Ellipse Height Exception Sunshine Square CRP, LLC (the "Pelitioner"), in conjunclion with a proposed mixed-use (retail and condominium) projecl wilhin the City of Boynton Beach Communily Redevelopment Area ("CRA") is requesting an exception from Chapter 2, Seclion 6.F.5 pertaining 10 building height. The property is localed at the southwesl comer of Woolbright Road and Federal Highway, and comprises over 14.42 acres (the "Property"), within the CRA. The general use and zoning pattern in the area can be described as follows: Ellipse North: Easl: South: West: MU-L3 (proposed) C-3 C-3 C-3 PU CommerciallRelail Vacant CommerciallRetail CommerciallRetail Commercial and Residenlial Cily uti lily planl Section 4.F of the City's Zoning Code ("Code") provides for height limitations and exceptions. Electrical and mechanical support systems, as weIl as parapets and similar struclures may be erected on top of a structure, above the district heighl limitations with City Commission approvaL The Mixed Use-Low 3 ("MU-L3") zoning district limits heights along arterial roadways, such as Federal Highway, to 75 feet. The Petitioner is seeking a height exception that would allow a proposed mixed-use project to exceed the aforementioned provisions. In general, the Petitioner is proposing six residential floors, above a floor of ground level retail/commercial/office uses, for a total of seven (7) stories or 77' roofline. The City's Code provides for a height of 75' for mixed use projects zoned with the MU-L3 district to provide intensities within the downtown area that will provide synergy between uses and enhance economic viability of downtown businesses. Heighl exceptions for rooftop mechanical equipment, parapets and similar structures are permissible, subject to City Commission approvaL The Petitioner is requesting an exception of (up to) 19' for a total of 94' maximum height to accommodale the parapet, rooftop mechanical equipment, elevator shafts, stairweIls and roof profiles on tower-like elemenls. A portion of this heighl is a result of accommodating sufficient height (17') al lhe first floor parking deck 10 accommodate fire truck circulalion. The maximum requested height (94') will aIlow architectural variation in the roofline as weIl as accommodate elevator shafts and slairwell enclosures. WPB:271880:3 CARACAS. FT. lAUOEROAlE . MIAMI. NAPLES. ORlANDO. PORT Sf. LUCIE . SAItA50TA . ST. PETERSBURC . TALLAHASSEE. TAMPA. WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA Page 2 As discussed below, approval of the height exception will adhere to the standards set forth in Seclion 4.F of the Code. The Petitioner will demonslrale that lhe height cxception: . Will not have adverse effecl on surrounding land uses; Is necessary; Will not severely reduce light and air in adjacenl areas; Will not be a deterrenl to lhe redevelopment of adjacenl properties; Will nol adversely affect property values; Will nol adversely influence living conditions in lhe neighborhood; Will nol constitule a grant of special privilege; and Is needed for the proposed redeveIopmenl project. . . . . . . . (1) land uses. Whether the height exception will have an adverse effect on the existing and proposed The proposed Ellipse projecl is located within the Cily's CRA A general objeclive oflhe CRA is to creale a critical mass of upscale developmenl lhal establishes a pedeslrian environmenl and promoles the local economy. The MU-L3 zoning district is applicable only wilhin lhe downtown area. This district provides for buildings 10 attain 75' in height. The requesled exceplion is nol applicable 10 the enlire building. Roofline variation and lower elements ex lend approximately 19' above lhe roofline. Roof profiles (parapel) extend approximately 4-6' above the roofline. The centralized location of the equipment, as well as the shielding thaI will be provided by the roof profiles, will prevenl it from being obvious from adjacent properties, which are lower in height than Ellipse. The requested 19' exception will not have an adverse effect on existing or proposed land uses. (2) Whether the height exception is necessary. . Conformance wilh the height provisions would limil the size of the mixed-use projecl, require the ceilings of the ground floor retail to be lowered and the parking structures to be established as separate, freestanding buildings versus inlemalized and "wrapped" by screening retail uses, and/or would require a floor of condominium units 10 be eliminated from each of the buildings. The CRA area allows high-rise structures in order allow densities and intensities designed to create synergy between permitted uses. In order 10 promole qualily redevelopmenl, Ellipse proposes 7-story buildings with the top floor being comprised of condominium units. The requested height is necessary to accommodate the units necessary 10 allow an economically feasible and well-balanced redevelopment projecl, while providing pedestrian-oriented amenities (commons) on the ground level. WPB:271880:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. OIUANDO. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH Page 3 (3) Whether the height exception will severely reduce light and air in adjacent areas. The rootline variation provides more aesthetic profile lhan a tlat roof. The proposed exception of 19' will not affecl adjacent properties. The highest tower elements (at 94') comprise approximately 9% of the rootline, the lower tower elements (at 85') represent 17% of the roofline; therefore the highest points ofthe building roofs total approximately a quarter ofthe overall rootline. The roof profiles (parapet), which exlend 4 - 6' above the lop of roof, will shield the equipment areas from viewpoints. The requesled building height exception will nol create shadows or affect air circulation in a manner lhal negatively impacts adjacenl properties. (4) Whether the height exception will be a deterrent to the improvement or development of acljacent property in accord with existing regulations. The requesled height exception does not affect or impact lhe redevelopment polenlial of adjacent properties. The requested exceplion (up to 19') will not be i~urious 10 the surrounding properties or public welfare. The proposed height is compalible with lhe building heights envisioned for lhe mixed use node al the Woolbright/Federal intersection. (5) Whether the height exception will adversely affect property values in adjacent areas. The requested heighl of the rootline variations will not adversely affect property values. Rather, the Ellipse redevelopment projecl will have a posilive impact on property values in the area. This projecl along with other redevelopment efforts in the immediate area may spur other property owners to redevelop their parcels with structures and uses that are more consistenl with the downtown vision lhe City has established for this portion of the Federal Highway corridor. (6) Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. The requested building height is not applicable 10 lands outside the redevelopmenl area, and therefore is peculiar to the Property. The proposed 7-story structure is consistenl with the vision for mixed-use projects at this gateway intersection. The exception (up to 19') will not impact other properties and is consistent with the public welfare. WPB:271880:3 CARACAS. FT. LAUDERDALE . MIAMI. NAI"lES . ORLANDO. PORT Sf. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA Page 4 (7) Whether sufficient evidence has been presented to justifY the need for a height exception. The requested heighl exceplion is in keeping with lhe spirit of lhe height provisions for mixed use, high densily projecls in lhe Cily's redevelopmenl area, and is permissible pursuant 10 Seclion 4.F. The requested building heighl will accommodate 576 residenlial unils, and commercial/relail/office uses, at a major mixed use node. The Property is conveniently located in proximity 10 Downtown businesses and employers; and lhe proposed projecl inlroduces new residents into the City's business core 10 fosler patronage of ils businesses and addilional economic support for lhe redevelopmenl area. Therefore, the requested Height Exception is consistent with the criteria contained in Section 4.F. WPB:271880:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A. CARACAS. Fl. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST.lUCIE . 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I , I , : ~ , , f--+-~--I-IIYJ 1-1--1 , , , , , , i 1 , " " ! tJJJ~1 i ~ I i ~ ~ D > "L za DC! a'" ~" >L~ ~~ :nw z DQ 1-0 lSiU) 6~ l..'} 0-< ~z r.....> ;<;i= wL1.l .....t.l) u@ 1.0- i:]w li'I[;i ~t: \\0 wU)o\-l- lliUJ>:z~ 1lt\.!)~i5~ z;:2ZIL ~~~~i!! <-<\"...JI ~~+~~ llJ< 11lJ)1.J) :a_ : J J ~ i , + 1~1 'b. ".. ~ => o \l) !Q UJ \l) -<: I IL . v' ..... =1\ - -, (L~) EXHIBIT "C" Conditions of Approval Project name: Ellipse File number: HTEX 07-001 Reference: Sheels A1.06 lA. A1.06 ITA. A 1.06 IB. A 1.06 lIB on 2nd review plans identified as a New Site Plan with an October 17. 2006 Planning & Zoning dale slamu marking. I . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Commenls: None X PUBLIC WORKS - Traffic Commenls: None X ENGINEERING DIVISION Commenls: None X UTILITIES Comments: None X FIRE Commenls: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Commenls: None X PLANNING AND ZONING Commenls: CONDITIONS OF APPROVAL Ellipse (HTEX 07,00 I) PAGE 2 I I DEPARTMENTS INCLUDE REJECT L Revise all proposed building elevalions prior 10 permitting 10 comply with lhe X maximum building heighl of 7S feel as measured al the roof line. Sile plan approval is conlingenl upon the approval of a heighl exceplion for elemenls above a roofline heighl of 7S feet. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Commenls: None X ADDITIONAL CITY COMMISSION COMMENTS: Commenls: ,-~ To be delermined. MWRIkz S:\Planning\Shared\ WP\PROJECTS\Sunshine Square\HTEX \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ellipse APPLICANT: Sunshine Square CRP, LLC APPLICANT'S AGENT: Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. AGENT'S ADDRESS: 222 Lakeview Avenue, #800, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2006 TYPE RELIEF SOUGHT: Request for a height exception of nineteen (19) feet above the maximum building height of 75 feet to allow roof profiles to accommodate elevator shafts and stairwells on proposed mixed-use buildings on 14.42 acres zoned Mixed Use Low Intensity (MU-L3). LOCATION OF PROPERTY: Southwest corner of Woolbright Road and Federal Highway). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 properly shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\PIannlngI\$HARED\WP\PROJECTS\ Sunshine Square\HTEX Or-001\DO.doc it. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM KII. LEGAL DEVELOPMENT ITEM A.l2. Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Requested City Commission MeetiOl;! Dates Date Final Form Must be Turned in to City Clerk's Office ~ December 5, 2006 0 January 2, 2007 0 January 16, 2007 0 February 6, 2007 November 20, 2006 (Noon.) 0 February 20, 2007 December 18, 2006 (Nooll) 0 March 6, 1007 January 2, 2007 (Noon) 0 March 20, 2007 January 1'6, 2007 (Noon) 0 April 3, 2007 February 5, 2007 (Noon) NATURE OF AGENDA ITEM o AnnouncementslPresentations o o o ~ Administrative o City Manager's Report o New Business o Legal o Unfinished Business o February 20, 2007 (Noon) o CT\ March 5, 2007 (Noon) Z o <:: March 19,2007 (Noonl-.> N -0 3: ~ Co) N (') n=i :::;-< -<0 ,.") -., ~'" "'0 .",;::J-< :>::z vi-< o Oz "TI", ~fT1 ("')> 1'Tle') ::t: Consent Agenda Code Compliance & Legal Settlements Public Hearing RECOMMENDATION: Please place this labled item on the December 5, 2006 City Commission Agenda under Legal, Ordinance - Second Reading, to follow [mal consideration of the corresponding ordinances for land use amendment and rezoning. The City Commission tabled this request on November 21,2006 to allow for final approval of the rezoning request prior to approval of the site plan. For further details pertaining to the request, see attached Department Memorandum No. 06-204. EXPLANATION: PROJECT: AGENT: Ellipse (Sunshine Square) (NWSP 05-031) Bonnie Miskel, Esq. And Kim GJas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Southwest comer of Federal Highway and Woolbrighl Road Request for a new site plan approval 10 construcl a mixed use (residential I office I relail) complex on a l4A3-acre parcel in the Mixed Use-Low Intensity 3 (MU-L3) zoning district OWNERS: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: <L(J-; ~ - Planning and 20' Director City Attorney I Finance S,IBULLE1lN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-204 STAFF REPORT FROM: Chair and Members Community Redevelopment Agency and City Commission Michael Rum~~ Planning and Zoning Director Ed Breese ~ Principal Planner TO: THRU: DATE: October 23, 2006 PROJECf NAME/NO: Ellipse (fka Sunshine Square)/ NWSP 06-021 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Sunshine Square CRP LLC Applicant: Sunshine Square CRP LLC Agent: Ms. Bonnie Miskel, Esq. Of Ruden McClosky Location: Southwest corner of the intersection of Federal Highway and Woolbright Road (Exhibit "A") Existing Land Use: Mixed Use (MX) Existing Zoning: Mixed Use-Low Intensity 3 (MU-L3) Proposed Uses: Retail/Office: Condominiums: Townhouses: 153,939 square feet 558 units 18 units Acreage: :1:14.42 acres Adjacent Uses: North: Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C - 3 Community Commercial. It is not included in the request for land use amendment and rezoning; Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 2 South: To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip commercial shopping plaza, south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center; and West: Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities designated Public and Private Governmental! Institutional and zoned PU Public Use. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject parcel were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The Sunshine Square shopping center, which encompasses 14.42 acres at the southwest corner of Woolbright Road and Federal Highway, is part of a Comprehensive Plan amendment to change the land use designation from Local Retail Commercial (LRC) to Mixed-Use (MX) and rezone the property from Community Commercial (C-3) to Mixed-Use Low Intensity 3 (MU-L3). Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies the amendment as "large scale". A "large scale" amendment is transmitted to DCA for their review and comment prior to City adoption. The City Commission reviewed the WAR at their July 5, 2006 meeting and voted to transmit the amendment to DCA. The Department has completed their review and the amendments are ready for adoption by the City Commission, as is the requisite site plan. The site plan shows the existing Sunshine Square shopping center being demolished in phases (in order to relocate and accommodate as many of the existing tenants as possible), and replaced with a mixed-use project. The site is divided into four (4) quadrants by a central street running north/south between Woolbright Road and SE 18th Avenue and another running east/west from Federal Highway to the FEC Railroad right-Of-way. The north/south road has an elliptical median containing landscaped areas. Sidewalks front arcaded retail structures on each side of the street. Retail/Office structures front on Woolbright Road, Federal Highway and the east/west internal drive. The center of three of the quadrant buildings house parking decks, while the remaining quadrant, located on the northwest corner of the site, contains the relocated Publlx supennarket under a parking deck. The details of the site plan will be discussed in the body of the staff report. Slaff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06,204 Page 3 ANALYSIS Concurrency: Traffic: A traffic study was submitted by the applicant and reviewed by the Palm Beach County Traffic Division. However, comments were generated by the Traffic Division and as of today, the project has not received a letter of concurrency approval from Palm Beach County. The applicant has re-submitted the information addressing the County's comments and is awaiting their response. Additionally, the applicant continues to participate in meetings with Palm Beach County Traffic Engineering, the City Engineering Division and the developer of the parcel to the north, across Woolbright Road (Las Ventanas), to coordinate the necessary roadway and signalization improvements. No building permits are to be issued until the Palm Beach County Traffic Division approves the study for traffic concurrency purposes (see Exhibit "C" - Conditions of Approval). Utilities: The purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities represents a portion of the City's potable water supply that would support the needs of this project (projected to total 254,566 gallons per day). Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project total of 211,942 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police/Fire: Fire staff reviewed the site plan and determined that current-staffing levels would be sufficient to meet the expected demand for services. Infrastructure requirements such as hydrants and roadways would be addressed during the permitting process (see Exhibit "C" - Conditions of Approval). Police staff indicated that the service requirements of the department will' be impacted by this development and that additional officers and equipment will be needed to serve this and other approved projects in the vicinity. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). School: The School District has determined that adequate capacity exists to accommodate the projected resident children. Driveways: The project can be characterized as "urban iOOIl, mixed-use" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role. The site plan shows that the development would be divided into four (4) distinct sections. The plans show that parking garages would provide for the majority of off-street parking spaces for the entire project. The garages are Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06,204 Page 4 intentionally proposed as hidden structures located within the core of the project and virtually unseen from the major roadways. Likewise, the project is not proposing traditional driveways or surface parking lots like that of "suburban"-type of projects (where driveways connect to off-street parking located in front of the bUildings). The site plan shows that vehicles would enter the site from three (3) locations. The main entrances are proposed on Federal Highway near the center of the roadway frontage and onWoolbright Road, again near the middle of that roadway frontage. The Federal Highway entrance would have a deceleration lane for southbound Federal traffic and no median cut for northbound traffic. Egress from this curb cut would be limited to right hand turning movements only (southbound Federal Highway). The Woolbright Road entrance would have an eastbound deceleration lane and two (2) ingress and two (2) egress lanes, separated by a 12-foot landscape island. This would be a full access entrance with a proposed traffic signal aligned with the WoolbrIght Road entrance of the project to the north (Las Ventanas). Motorists would be able to enter or exit this location from all directions. The project's third entrance is proposed along SE 18th Avenue, at the southern terminus of the Woolbright Road entry drive. This entrance would also provide access to the entire site. The driveway opening would be 24 feet in width and provide ingress/egress from a road with lower volumes of traffic. Lastly, there is an exit drive proposed at the northwest corner of the site at Woolbright Road and the railroad tracks that is designed as an "egress only" for the service/delivery area at the rear of Publix. All driveway, drive aisles, and turning radius, internal to the development, would be improved to conform to current city engineering standards. Parking Facility: Off-street parking proposed within the development must meet the requirements in Chapter 2, Section 1l.H. of the Boynton Beach Land Development Regulations. The project proposes a mix of residential, office and retail uses. One-bedroom apartment units require one and one-half (11f2) parking spaces. Two or more bedroom units require two (2) parking spaces. The project proposes a total of 558 dwelling units (with a mixture of one, two, and three bedrooms) and 18 live/work townhouse units, in conjunction with 153,939 square feet of retail/Office space. When combined, the total parking requirements equal 1,854 spaces. The project proposes 1,656 parking spaces, a deficiency of 198 parking spaces. However, the code allows a mixed-use project to present a shared parking analysis in compliance with the Urban Land Institute's (UU) guidelines. The applicant submitted the shared parking analysis prepared by theIr traffic consultant, TrafTech Engineering Inc., indicating that the maximum number of parking spaces required for the mixed-use project would be 1,656, based upon the greatest demand for parking being a weekday evening at 8:00 PM. The analysis concludes that there would be sufficient parking during the highest demand, with no excess. During the other hours of the day (10:00 AM - 10:00 PM), the parking demand ranges between 1,300 and the 1,656 parking spaces noted above at the 8:00 PM hour. As in all cases, the Oty Commission must accept the shared parking analysis when approving a site plan (see Exhibit "c" - Conditions of Approval). Staff Report - Ellipse (NWSP 06,021) Memorandum No PZ 06-204 Page 5 The parking spaces would be provided as follows: 1,611 parking garage spaces, and 45 on-street parking spaces. As previously discussed, the site is divided into four quadrants by bisecting streets. According to the site plan (Sheet A1.0l), the Phase IA parcel (NE quadrant) would contain 31,675 square feet of retail/office space. Based upon parking calculations for shopping centers, which is utilized when analyzing mixed-use projects, this building would require 159 parking spaces. The building also accommodates 126 residential units (42 -1 BR units). Based upon 1.5 spaces for 1 BR units and 2 spaces for all other, 231 parking spaces would be required for the residential units. Therefore, 390 parking spaces are required in Phase IA and 312 are provided as a result of the shared parking analysis. The Phase IB parcel (SE quadrant) would contain 26,235 square feet of retail/Office space. Using the same methodology used for Phase lA, this building would require 132 parking spaces. The building also accommodates 102 residential units (30 - 1 BR units). Based upon 1.5 spaces for 1 BR units and 2 spaces for all other, 189 parking spaces would be reqUired for the residential units. Therefore, 321 parking spaces are required in Phase IB and 281 are provided as a result of the shared parking analysis. The Phase IIA parcel (NW quadrant) would contain 81,684 square feet of retail/office space, which includes the proposed 54,064 square foot new Publix store. Based upon parking calculations for shopping centers, this building would require 408 parking spaces. The building also accommodates 90 residential units (24 - 1 BR units). Based upon 1.5 spaces for 1 BR units and 2 spaces for all other, 168 parking spaces would be required for the residential units. Therefore, 576 parking spaces are required in Phase lIA and 1,039 are provided as a result of the shared parking analysis. However, the parking garage associated with Phase IIA is connected to and proVides the reqUired parking for Phase IIB, immediately to the south. Phase IIB is the southwestern-most parcel and would contain 14,345 square feet of retail space. Again, based upon parking calculations for shopping centers, this building would require 72 parking spaces. The building also accommodates 258 residential units (58 - 1 BR units). Based upon 1.5 spaces for 1 BR units and 2 spaces for all other, 451 parking spaces would be required for these residential units. Additionally, there are 18 live/work townhouse units proposed around the south and east sides of the building which require 2.5 parking spaces for each unit, thus necessitating 45 more parking spaces. Therefore, with the 568 parking spaces required in Phase lIB plus the 576 in Phase lIA, a total of 1,144 parking spaces are required and 1,063 are provided as a result of the shared parking analysis. Should the applicant propose to place a gate within any or all of the parking structures to separate the residential parking from the general use parking, the applicant shall be required to provide an updated shared parking analysis to ensure that the assumptions made in the analysis are not voided by such action (see "Exhibit C" - Conditions of Approval). Landscaping: The Site Plan tabular data (Sheet A1.01) indicates that the proposed pervious areas would equal 21.2% of the site. The MU-L3 zoning district requires a minimum 20% pervious area, which is satisfied with the proposed site plan. The landscape Notes (Sheet TD5) indicates the subject site currently contains 153 trees, 33 of which Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 6 would remain in place, 66 of which would be relocated on site, and 54 designated for removal. Most of those to be removed are in poor condition and the applicant will be required to replace the total caliper inches of those trees removed with new specimens. The landscape plan plant list proposes the installation of 92 new canopy trees plus the relocation of 40 existing trees and the retention of 6, for a total of 138 canopy trees. 341 new palm trees are proposed, as well as 54 existing or relocated palms, for a total of 396. The plan also depicts 9,555 shrub and groundcover plants. According to the plant list, 50% of the canopy trees would be native and 57% of the palm trees would be native. The landscape plan also proposes in excess of 50% native shrubs / hedges / accent plants. The plant list indicates the following species to be utilized throughout the project: Medjool Date palms, Sabal, Coconut and Royal palms, Purple Glory, Live Oak, Black Olive, Mahogany and Pigeon Plum trees, Dwarf SChefflera, Cocoplum, Ixora, Hibiscus, Plumbago, Viburnum shrubs, as well as, Crinum Lily and Annuals. < Royal palm trees are proposed in front of the buildings (along Federal Highway and Woolbright Road) and are proposed to be installed at an overall height of 22 feet. Staff recommends that the Royal palm trees along these thoroughfares be installed at approximately half of the building height, in the range of 30-35 feet (see "Exhibit C" - Conditions of Approval). These mixed-use buildings would be located close to the east and south property lines and therefore, would be consistent with the intent of the land Development Regulations of the MU-L3 zoning district. However, the landscape plan still would provide for plant material along these main roadways to help break up the building mass. In fact, these areas would be 10 feet in width to accommodate the installation of the larger-size palm trees. The south landscape buffer, along SE 18th Avenue and the live/work townhomes, would be approximately 13 feet in depth at its narrowest point. The south buffer is proposed to include laurel Oak, Green Buttonwood and Bougainvillea trees, Royal and Cabbage palms, and among others, hibiscus, dwarf schefflera and wax jasmine shrubs. Although not dimensioned, it appears as though the west landscape buffer adjacent to the Rorida East Coast railroad right-of-way would vary in width from six (6) feet at its narrowest point (behind Publix) to approximately 70 feet, near the southwestern portion of the site. Live Oak trees and Sabal palms are the predominant trees Proposed for this buffer, along with Cocoplum hedge material. Additionally, there is a water feature with arbors and a variety of landscape material proposed along the west buffer, at the west terminus of the main east/west drive through the site. The interior of the site would basically contain the same plant material as the perimeter buffers. The Interior street system would have Intermittent, parallel (on- street) parking spaces and wide sidewalks that accommodate a pedestrian friendly window-shopping environment, landscape cutouts and adequate area for outdoor seating/dining. Slaft Report - Ellipse (NWSP 06-021) Memorandum No PZ 06,204 Page 7 Building and Site: The site plan proposes a mix of residential, office and commercial uses. The commercial/office square footage would total 14.3% of the total building area. Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The maximum allowed density of the Mixed-Use land use category would be 40 dwelling units per acre. The proposed project density would be 39.94 dwelling units per acre. As previously mentioned, the existing shopping center would be replaced with four (4) seven (7)-story mixed-use buildings, three (3) of which wrap interior parking structures. The depth of the parcel extends westward from Federal Highway to the Florida East Coast railroad tracks. The subject property fronts on two (2) major roadways (Federal Highway and Woolbright Road). The parcel located at the southwest corner of the intersection of Federal Highway and Woolbright Road (approximately half an acre in size) is not included in the request for land use amendment/rezoning and site plan approval. This corner parcel contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. The proposed building in Phase IA would wrap around the gas station parcel with retail on the first floor and residential units above and parking structure inside. The first and second floors are setback 10 feet from the property lines and then the building steps back approximately 15 feet further from Federal Highway and 7 feet further from Woolbright Road, at a height of approximately 30 feet. The MU-L3 zoning district allows for a maximum bUilding height of 75 feet, for properties not abutting the Mixed-Use High (MU-H) district. The elevations (Sheet A1.06) of the Phase IA mixed-use structure, depict the height at 77 feet to the roofline with a total height to the tallest of the stair/elevator towers at 91 feet. This would not comply with the height limitation of 75 feet. While the stair/elevator towers are eligible for a Height Exception, the roofline itself cannot exceed the 75- foot threshold. The applicant has been made aware of this situation and has agreed to modify the height of the structure to conform at time of permitting, and has applied for a Height Exception for the eligible towers (HTEX 07-001), which is being processed concurrently with the site plan. Staff has recommended that the building be modified by the two (2) feet it exceeds the maximum allowed height and placed a condition to that effect in the Conditions of Approval. The proposed building in Phase IB (SE quadrant of the site) would be constructed immediately north of a parcel (approximately 1 acre in size) classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip commercial shopping plaza and residential property, fronting on SE 18th Avenue, and not included in this request for land use amendment/rezoning and site plan approval. This seven (7)-story mixed-use building would also have retail on the first floor and residential units above and parking structure inside. The south side of this building does not however have the parking structure wrapped with storefronts, and the condominium units/recreation amenity does not begin until the fourth floor. A 10-foot setback has been depicted to provide the necessary landscape buffer, at the appropriate height. Staff recommends that applicant prOvide the necessary landscape at varying heights to assist In the screening of the three levels of parking (see "Exhibit C" - Conditions of Approval). The first and second floors are setback 10 feet from the east property line, like in Phase IA and then the building appears to step back at an angle, between 10 and 25 feet further from Federal Highway, at Slaff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 8 a height of approximately 30 feet. The elevations (Sheet A1.06) of the Phase IB mixed-use structure, depict the height at 77 feet to the roofline with a total height to the tallest of the stair/elevator towers at 91 feet. Uke the Phase IA building, this would not comply with the height limitation of 75 feet, and staff has recommended that the building be modified by the two (2) feet it exceeds the maximum allowed height and placed a condition to that effect in the Conditions of Approval. The proposed building in Phase IIA (NW quadrant of the site) would house the relocated Publix. Fronting the Publix on Woolbright Road would be office uses on the first floor with residential above to the 7th floor. Wrapping around the Publix on the east side is retail on the first floor and residential units above, with one level of parking deck above the Publix and a bridge connection to the interior parking structure in Phase liB. The first and second floors are setback 10 feet from the north property line abutting Woolbright Road and then the building steps back approximately 12 feet further, at a height of approximately 27 feet. The elevations (Sheet A1.06) of the Phase IIA mixed-use structure, depict the height at 77 feet to the roofline with a total height to the tallest of the stair/elevator towers at 91 feet. Like the previous two (2) phases, this would not comply with the height limitation of 75 feet, and staff has recommended that the building be modified by the two (2) feet it exceeds the maximum allowed height and placed a condition to that effect in the Conditions of Approval. On the ground level, in between the Office/residential structure facing Woolbright Road and the Publix building, is a service court for deliveries, refuse collection and other utility purposes that is screened from the residential units above by the parking deck connecting the Publix building to the Office/residential structure facing Woolbright Road. Lastly, the proposed building in Phase liB (SW quadrant of the site) and current location of Publix, would be the last phase to be constructed, once Publix relocated into its new building and the old structure could be demolished. This seven (7)- story mixed-use building would also have retail on the first floor and residential units above along the northern portion of the building on the east side. The remainder of the east fac;ade and south side would be live/WOrk units, with regular condominium units above. The live/work units would be setback approximately 12 from the SE 18th Avenue right-of-way and then the building steps back approximately 10 feet further from SE 18th Avenue, at a height of approximately 27 feet. The elevations (Sheet A1.06) of the Phase lIB mixed-use structure, depict the height at 80 feet to the roofline with a total height to the tallest of the stair/elevator towers at 94 feet. Uke all of the previous phases this building would not comply with the height limitation of 75 feet, and staff has recommended that the building be modified by the five (5) feet it exceeds the maximum allowed height and placed a condition to that effect in the Conditions of Approval. Design: As noted previously, the proposed development can be generally described as being separated into four (4) quadrants of similarly designed seven (7) story structures. The proposed architecture could be described as contemporary design, with varying rooflines and fac;ade step backs for interest and shadowing. Also noteworthy is that the project parking would be virtually hidden from most all views and is considered to be a subordinate, mostly unobtrusive element of the plan. Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06,204 Page 9 Staff recommends that those areas in which the parking garage is exposed to the exterior of the project, especially abutting the gas station, the commercial/residential to the south and along the west elevation, the garage openings be enhanced with decorative metal work, decorative shutters, awnings, and in some instances landscaping (see "Exhibit C" - Conditions of Approval). Vehicular traffic is contained within the internal framework of the project, utilizing the cross-shaped road pattern created by the north/south and east/west drives, including the elliptical parkway/landscape median through the heart of the project. The elevations indicate the proposed exterior finish and colors of the buildings and a color schedule has been provided via ledger-sized color board. The applicant is proposing four (4) colors throughout the entire development. The project's proposed building colors are as follows: Off White Medium Tan Dark Tan Light Beige Snow White Roxbury Caramel Richmond Gold Sag Harbor Gray OC -66 HC-42 HC-41 HC-95 8M Paints BM Paints BM Paints BM Paints The majority of the body of the buildings would be painted white, with most of the articulated wall portions and towers proposed to be painted the medium tan. Certain sections of recessed wall are painted the light beige, while prominent wall features along the lower building elevations are painted the dark tan. A feature element in the design of the project is the elliptical shaped central plaza that graces each side of the intersection of the two (2) drives. This feature is labeled as the north and south commons on the plans, and includes a series of walkways meandering around pockets of landscape and terminating at large scale fountains (which the applicants proposes to fulfill the Arts in Public Places requirement), along the north and south sides of the east/west cross street, at the heart of the project. The architect has carried through the theme by designing the footprint of the retail buildings rimming the elliptical feature to follow its perimeter, thus providing a concave look to the row of storefronts. Above the retail space, the large continuous balcony for the residential units above also conform to the shape of the common area below to accentuate the unique design. Then the residential units are proposed to be constructed in a staggered pattern, again to carry through the design scheme below. Signage: Minimal project detail regarding proposed signage was shown with this submittal. Staff recommends utilizing a Sign Program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "e" - Conditions of Approval). All project signage shall conform to the regulations as set forth in Chapter 9 (Community Design Plan) and Chapter 21 of the Land Development Regulations, as formalized in an adopted Sign Program for this project. Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 10 CONCLUSIONS AND RECOMMENDATION: Concurrent with the processing of this site plan application staff is proposing amendments to the mixed- use zoning district regulations to implement recommendations from redevelopment plans and the conclusions from recent workshops and hearings. The major change in the proposed code amendments is the division of the Mixed Use-Low Intensity zoning district into three distinct low intensity districts; Mixed Use-Low 1 (MU-Ll), Mixed Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3). Specifically related to this project is the new accommodation of supermarkets, changing the maximum size from 30,000 square feet to 80,000 square feet, in part, to accommodate the subject Publix store within this project, and to acknowledge our understanding of current trends and strategies of the large grocery store chains. Other notable changes represented by the new districts include 1) building setbacks, increasing to 10 feet on the sides and rear to reduce potential impacts upon adjacent properties; and 2) the introduction of the Sky Exposure Plane provision that sets a building envelope that narrows uniformly around the building as height increases. Simply stated, this requirement is a six-foot to one-foot (6' to 1 ') step-back slope applied to each side of each project in a mixed-use district. This requirement is also intended to reduce potential impacts on adjacent properties and the streetscape, by reducing building bulk without inhibiting flexibility in design. This increased setback requirement appears to be satisfied on all sides of the proposed project except at the northwest corner. With respect to building step-backs, although the relief proposed on several of the elevations exceed the requirements of the new Mixed-use Low 3 district, those elevations with no or minimal step-back must be reconsidered by the applicant and redesigned accordingly. As required by the conditions of approval, the permit drawings must reflect the minor adjustments required to meet the new minimum building setback of 10 feet, and new slope plane of 6' to 1'. Staff has reviewed this request and recommends approval, contingent upon the approval of the accompanying request for Height Exception (HTEX 07-001) and all items noted within Exhibit "c" _ Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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ELLIPSE DOrIIltltlfl&Dt,f'l..(:Q:I,O.. . --....... 1""'f1"T'f1~f1 iJg.lil!J .- -I jrfff "rIff ,PI I'liIt lI! leI' . r [., If EXHIBIT liB" I . EXHIBIT "B" . _----1._ ~_______L_ -1___~___L_ - - -<---L_~i__J_____~__~ aL-..__, __, L__ ~__ .J__ ] MATCH UNE 'A' - SEE SHEET LNDI f " ~ 5 .; , ~ ~ = " ~ .., dll ~ ~ ~. o~ ~~ )1 _.,00 ~,. ,=,~ -..o:-w~-r-' . E:X C.8.S. I1'ALFJ~_J OUMPST[R PAD' " ~ & , o I I I I II' II: I' l ~ I, 4 : -0/ :l. "*tf.'r'"W.M. u.s. HICHWAY If c::-_-_=.=== ==== = =- '=~::=_- = -- - ~~~~~-=-~=-:: : ;::: ::: ~ = :: ~ - ~ ~ ~ ~ ~ ~ ~ d PHASEIA J ~:I '.. j IUJP$' CITT aT UrNnIII .'ACN, ".Dlll/JA -- ..,.....,. ..... CarIv.BUI'lJus __a ':="'"10:''::' ~ "- ! 1 , I' I , ! ~ j/i i' If i!: I \ I I), I,f I I' r I ~~ ~ If " 4 im)u f I ~1.1 " ,1< ,~~ l'(; !~ ,v (rl I" 'f I It II r I"~ \.L j' l' r I ~''l I.' Il";CI) ',,::i:' ~-~~ 1 , Do is: f ~ I[ "" , hi r f <: 'CO:: hi I . , , ~k ;;0, i '!"_::i; :':t ! JI t ~ \T ~ 1 '1" L EXHIBIT "B" MATCH LINE 'D' - SEE SHEET tND:J S01'12"13"[ IH.OO' ~ ~ '" ~ , 0 ~. f ~ i~ r ., ag :<0.... " [ ~ If , .; ~ ~~ ~ '. , ~ ~ . ~ ~~i~~"'-~_~=.~~._ I =?> ~ f "",p ~ '&,p"C=~=~==-- = = === = === ==== =--::= == ==== == == = == :C--T~~ rC~~C = "C - ~ ~ ~ - - ~ _ _ _ _~~__~ _ _ _ _'<__~:~~,~_ PHASEIB I' I. ~;l '. i' , IUlPSI CITT II' IHJrNr'oIt .6ACIt. 'LfI~ IfAII .'~UPltI1lf' UKUCAn /'UN Carter......._ ---- -...~ ~ EXHIBIT fiB" L _____1 ~__-1 _1__ , -'- _L_~._.~ -<,- L._ _L L___ 11 '=I==t=:=1t===tJ::=:1=-~===t_fl:~#==#.=:=t=::=1J ""8.77' (X. CONe .; ~ , ~ / / IWI'S6 'UIUDA OrtfTOIf ..A-CII, nIT 0'. NrrJAI'IlINT ... rwr un...,. Cuh......... --- - -.:. = 1 II I J ~;! . . I . PHASE IIA EXHIBIT "B" ~ " " 1li~ .., ;;~ ~~ -"~ .., jl j' .., I r .., ~ ~ ~ ~ , ~ . ~ ~ WI' vY~./ t.ll.~J {~?< ("J , . ~ p f I ------r ~ . < i~ ;~ . , . , T . , r I . , I 1 ! f~ ., .,,'-- PHASE lIB ~;:f' l . . IUJP81 ctrT 0' .(JJ'Nf'tIN .heR. rtOllIIJA IUIIIJ''r61.01'11111r ...,....,."..... c-..llII1Jea -- --::&::-.: = EXHIBIT "C" - CONDITIONS OF APPROVAL New Site Plan Projecl name: Ellipse I Sunshine Square File number: NWSP 06-021 Reference: 2nd review plans identified as a New Sile Plan wilh an Oclober 17.2006 Planning and Zoning Deparlmenl date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste _._----.~ Comments: None X PUBLIC WORKS - Traffic Comments: -~ L Provide a traffic analysis and notice of concurrency (Traffic Performance X Slandards Review) from Palm Beach County Traffic Engineering. The traffic sludy shall include an evalualion of lhe need for an additional righl turn lane (eastbound 10 southbound) on Woolbrighl Road using proposed generation rates (pre- and post-development.) - - 2. Dedicate righl-of-way as necessary should a righl turn lane be warranled in lhe X future. Consider growth in background traffic for the year 2020. Also, coordinate the design and construclion of all traffic improvemenls necessary 10 support this development wilh the developer of lhe Las Ventanas sile on the northwesl comer of Federal Highway and Woolbrighl Road. Provide written proof of this cooperation 10 the City. 3. Show loading areas on lhe Traffic Marking & Signage Plans; include a X pavement message in yellow indicating "No Parking - Loading Zone". PUBLIC WORKS-ForestrY & Grounds Comments: 4. Show sighl triangles on the Landscape plans (LDR, Chapler 7.5, Article II, X Section 5.H.) Reference FDOT Standard Index 546 for lhe sight triangles along both Federal Highway and Woolbrighl Road. Sight triangles in the inlerior of the developmenl shall be I5-feel. 5. The medians on Federal Highway have exisling irrigation and planl rnalerial X belonging 10 lhe City of Boynton Beach. Any damage to the irrigation system and/or planl malerial as a result of the contractor's operalions shall be repaired or replaced 10 the equivalent or better grade, as approved by the City of Boynlon Beach, and shall be the sole responsibility of the developer. The contractor shall notiry and coordinale with the City of Boynlon Beach Forestry & Grounds Division of Public Works a minimum of six (6) weeks in advance of any underground activilies. Please acknowledge lhis nolice in your commenls response and add a nole to the appropriate plan sheels (pG&D, Ulility, Landscape) with the above staled informalion. 6. Correcl sheet LND 5 of 6 to delele reference to Boca Raton. X -----...-..- ---- ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 2 age DEPARTMENTS INCLUDE REJECT UTILITIES Commenls: 7. All Ulility easements shall be shown on lhe Sile plan, Landscape, and X Hardscape plans (as well as lhe Waler and Sewer Plans) so lhat we may delermine which appurtenances, trees or shrubbery may inlerfere with ulilities. In general, palm trees will be lhe only tree species allowed within ulility easements. Revise Sheel LND 3: 10' DE wilh QV at SW comer of sheet. 8. Palm Beach County Health Department permits will be required for lhe water X and sewer syslems serving this projecl (CODE, Section 26-12). 9. The CODE, Section 26-34(E) requires lhal a capacity reservalion fee be paid X for this project either upon the requesl for the Department's signature on the Health Departmenl application fonus or within seven (7) days of sile plan approval, whichever occurs first. This fee will be determined based upon final meler size, or expected demand. 10. Waler and sewer lines 10 be owned and operated by the City shall be included X wilhin ulility easemenls. Please show all proposed easemenls on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicaled via separale instrumenl 10 the City as slaled in CODE Sec. 26- 33(a). II. This office will not require surety for installation of the waler and sewer X uliIities, on condition that the systems be fully completed, and given 10 the City Ulilities Departmenl before the first permanenl meter is set. Nole that setting of a pennanenl waler meter is a prerequisite to oblaining the Certificale of Occupancy. 12. A building permit for this projecl shall nol be issued unlil this Departmenl has X approved the plans for the water and/or sewer improvemenls required 10 service this project, in accordance with the CODE, Section 26-15. 13. Appropriale backflow prevenler( s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 14. The waste stream from any food preparation area processes must meel the X City's pretreatment requirements. A sampling poinl must be provided to allow moniloring of this wasle stream (refer 10 CODE Section 26-143 and Section 26-147.) 15. Upsize the water main in Woolbright Road to meet the requirements of the X Utility Master Plan. The main shall be upsized from the west side of the FECRR easllo the poinl of connection (west driveway) for the project. 16. Coordinale with Boynton Beach Fire-Rescue to delermine flow requirements X for multi-story buildings over four stories. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 Pa.e 3 DEPARTMENTS INCLUDE REJECT 17. Ulility construclion details will nol be reviewed for construclion acceplability X al lhis time. All ulilily construction delails shall be in accordance wilh lhe Utililies Department's "Utililies Engineering Design Handbook and Construclion Slandards" manual (including any updales) and will be reviewed al the lime of construction permil application. ENGINEERING , Cornmenls: 18. All cornmenls requiring changes and/or corrections 10 lhe plans shall be X reflecled on all appropriate sheets. 19. Please nole that changes or revisions to lhese plans may generale additional X cornmenls. Acceplance of lhese plans during the Technical Advisory Review Team (TART) process does nol ensure that additional cornmenls may not be generaled by the Conunission and at permit review. 20. Upon salisfaclory Conunission approval of the site plan, the applicant shall X enler the plat process through the City's Engineering Division. A preliminary pIal applicalion may be inilialed during lhe sile plan review to expedile issuance of the Land Oevelopmenl Permit. A plat will be required for this development. 21. Show proposed sile lighting on the Site, all Civil and Landscape plans (LOR, X Chapter 4, Seclion 7.B.4.) The lighting design shall provide a minimum average lighl level of one fool-candle. On the Lighting Plan, specify that the light poles shall withsland a 140 MPH wind load (LOR, Chapler 23, Article II, Section ALa and Florida Building Code). Provide a note that the fixtures shall be operaled by pholoelectrical control and are to remain on until 2:00 a.m. (LOR, Chapter 23, Article II, Seclion A.l.a.) Include pole wind loading, and pole delails in conformance wilh the LOR, Chapler 6, Article IV, Seclion II, Chapler 23, Article I, Section 5.B. 7 and Chapler 23, Article II, Seclion A on the Lighling Plan. Lighting shall nol be used as a form of advertising in a manner that draws more attention to the building or grounds at nighl than in the day (LOR, Chapter 9, Section 10.F.5). Provide pholometrics as part of your TART plan submittals. 22. Full drainage plans, including drainage calculations, in accordance with lhe X LOR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. ---- 23. Paving, drainage and sile details will nol be reviewed for construction X acceptability al 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 lime of construclion nermil annlication. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 Paee 4 DEPARTMENTS INCLUDE REJECT FIRE Commenls: 24. Provide the fire hydrantlayoul for lhis projecl with the hydranls clearly shown X on one sheet. Show all waler supply lines for fire prolection and hydraulic calculations using dala from a flow lest conducled wilhin lhe pasl six months. This lesl will be conducled by lhe Boynlon Beach Fire Department. POLICE Comments: 25. None. X BIDLDING DIVISION Commenls: 26. Please nole thaI changes or revisions to lhese plans may generale additional X commenls. Acceplance of these plans during the TART (Technical Advisory Review Team) process does not ensure thaI addilional comments may not be generaled by lhe commission and al permit review. 27. Indicate within the sile data the occupancy type of each building as defined in X 2004 FBC, Chapler 3. Indicate all occupancies in mixed occupancy buildings. 28. The height and area for buildings or structures of the different types of X construction shall be governed by lhe inlended use or occupancy of the building, and shall nol exceed the limits sel forth in Table 503 of the 2004 FBC. 29. Place a note on the elevalion view drawings indicating thaI the exlerior wall X openings and exterior wall construclion comply with 2004 FBC, Table 704.8. Submil calculations thaI clearly reflect the percentage of protected and unprolecled wall openings permitted per 2004 FBC, Table 704.8. 30. General area modifications 10 buildings shall be in accordance with 2004 FBC, X Section 506. Provide calculations verifying compliance with the above code sections and the 2004 FBC, Table 503. 3 1. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of ]40 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Seclion 1609 (Wind Loads). Calculations thaI are signed and sealed by a design professional regislered in the slale of Florida shall be submitted for review at the time of permil application. ELLIPSE!SUNSHINE SQUARE Conditions of Approval NWSP 06,021 Pa.e 5 DEPARTMENTS INCLUDE REJECT 32. Every building and struclure shall be of sufficienl strength 10 support the loads X and forces encounlered per lhe 2004 FBC, Seclion 1607 and Table 1607.1. Indicale the live load (psI) on lhe plans for lhe building design. .- 1--. 33. Buildings lhree-slories or higher shall be equipped wilh an automalic sprinkler X syslem per F.S. 553.895. Fire proleclion plans and hydraulic calculalions shall be included wilh lhe building plans allhe lime of permit applicalion. 34. Add to all plan view drawings of the sile a labeled symbollhat represents lhe X localion and perimeler of lhe limils of construclion proposed with lhe subjecl request. 35. Al lime ofpermil review, submil signed and sealed working drawings ofthe X proposed construclion. ..-- 1---' -- 36. On the site plan and floor plan, indicale the number of slories lhal are in each X buildiUl.!. Indicate the overall heiwl of each building. 37. Add to each building lhat is depicled on the drawing litled sile plan and floor X plan a labeled symbol thaI identifies the localion of the handicap-accessible entrance doors 10 each building. 2004 FBC, Seclions 11-4.1.2, 11-4.1.3, and 11-4.3. 38. As required by LOR, Chapter 4, Seclion 7, submil a floor plan drawing. The X building plans are nol being reviewed for compliance wilh the applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing litled Floor Plan found on sheet/s _' However, add 10 lhe floor space drawing a labeled symbol thaI identifies the location of the handicap-accessible entrance doors 10 each building. The location of the door shall malch the location of the accessible entrance doors thaI are depicted on lhe site plan drawing. 39. Compliance wilh regulations specified in the FFHA, Design and Construclion X Requiremenls, Title 24 CFR, Part 100.205, is required. 40. At the lime of permil review, submil details of reinforcemenl of walls for lhe X future inslallalion of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requiremenl #6. All balhrooms within the covered dwelling unil shall comply. 4 I. Bathrooms and kilchens in the covered dwelling units shall comply wilh lhe X FFHA, Title 24 CFR 100.205. Indicale on lhe plans which design specificalion ("A" or "B") of the FFHA is being used. The clear floor space at fixtures and appliances and turning diamelers shall be clearly shown on the plans. 42. If an accessible roule has less than 60 inches clear width, then passing spaces X al leasl 60 inches by 60 inches shall be located at reasonable inlervals nol to exceed 200 feet. A ''T'' -intersection of two corridors or walks is an acceplable passing place. 2004 FBC, Section 11-4.3.4. " _.,--~._-_.- ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06,021 Page 6 DEPARTMENTS INCLUDE REJECT 43. IdentifY within the site dala lhe finish floor elevalion (lowesl floor elevation) X lhal is proposed for lhe building. VerifY lhal the proposed elevation is in compliance with regulalions of the code by adding specificalions 10 lhe sile dala lhal address the following issues: a. The design professional-of-record for lhe projecl shall add lhe following lext 10 lhe sile data. "The proposed finish floor elevation _. _ NGVD is above the highesl IOO-year base flood elevation applicable 10 the building site, as delermined by the SFWMD's surface waler management construction developmenl regulations." b. From the FIRM map, identifY in the sile dala the title of the flood zone thaI lhe building is localed within. Where applicable, specifY the base flood elevation. If lhere is no base flood elevation, indicale that on lhe plans. c. IdentifY the floor elevalion that the design professional has established for the building within the footprint of the building thaI is shown on the drawings litled sile plan, floor plan and paving/drainage (civil plans). 44. As required by the CBBCO, Part III titled "Land Development Regulations", X submil a sile plan thaI clearly depicls the setback dimensions from each property line to lhe leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy 10 the property line. In addition, show the dislance between all the buildings on all sides. 45. CBBCPP 3.C.3.4 requires the conservalion of polable waler. City waler may X not, lherefore, be used for landscape irrigation where other sources are readily available. 46. A water-use permit from SFWMD is required for an irrigation system thaI X utilizes waler from a well or body of waler as its source. A copy of lhe permil shall be submitted at the time ofpennit application, F.S. 373.216. 47. If capital facility fees (water and sewer) are paid in advance 10 the City of X Boynton Beach Utililies Departmenl, the following informalion shall be provided al the time of building permil application: a. The full name of the project as it appears on the Developmenl Order and the Conunission-approved sile plan. b. If the projecl is a multi-family project, the building number/s must be provided. The building numbers must be the same as noled on the Conunission-approved sile plans. c. The number of dwelling unils in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized inlo how much is for water and how much is for sewer. (CBBCO, Chapler 26, Article II, Seclions 26-34) 48. At time of permil review, submit separale surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City COmpuler, provide a copy of the recorded deed for each 101, parcel, or tract. The recorded deed shall be submitted al time of permit review. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 Pa.e 7 DEPARTMENTS INCLUDE REJECT 49. At lime of building permil application, submil verification thaI lhe Cily of X Boynlon Beach Parks and Recrealion Impacl Fee requiremenls have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal descriplion of lhe land. b. The full name of the projecl as il appears on lhe Developmenl Order and the Commission-approved sile plan. c. If the project is a multi-family projecl, lhe building number/s musl be provided. The building numbers musl be the same as noled on lhe Commission-approved sile plans. d. The number of dwelling units in each building. e. The lolal amounl being paid. (CBBCO, Chapler I, Article V, Seclion 3(t)) 50. Add a general nole to the sile plan lhat all plans submitted for permitting shall X meet the City's codes and lhe applicable building codes in effecl at lhe lime of permil applicalion. 51. Pursuant to approval by lhe City Commission and all other oulside agencies, X lhe plans for lhis projecl musl be submitted 10 the Building Division for review al the time of permit application submittal The plans musl incorporale alllhe conditions of approval as listed in lhe developmenl order and approved by lhe City Commission. 52. The full address of the project shall be submitted with the construclion X documenls at the lime of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Departmenl, the City's GIS Division, and the Palm Beach County Emergency 9 I I. (palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561- 233-5013) (Uniled Slales Post Office, Boynton Beach (Michelle Bullard - 561-734-0872) 53. Show the proposed sile lighting on the sile and landscape plans. (LDR, X Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TART plan submittals. 54. Add 10 the floor plan drawings of the individual unils a breakdown of the area X within the unit. The area breakdowns for each unit shall specifY the total area of the unil, area of the balcony, lotal area thaI is air-conditioned and, where applicable, lotal area of slorage and garage space. If the garage and slorage areas are not part of a specific unit, the area shall be included and identified within the area of lhe building. Indicale how many of each type of unil will be on each floor and within the building. -- ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06,021 P 8 age DEPARTMENTS INCLUDE REJECT 55. Add 10 the sile data the lotal area under roof of each residential building. X Provide labular area dala for each floor of each building. The breakdown shall include lhe following areas and each area shall be labeled on lhe applicable floor plan drawing: a. Common area covered walkways; b. Covered slairways; c. Common area balconies; d. Entrance area oulside of a unil; e. Storage areas (nol part of a unil); f Garages (nol part of a unil); g. Elevator room; h. Electrical room; I. Mechanical room; J. Trash room; k. Mailbox pickup and delivery area; and I. Any olher area under roof. (Chapter 4 - Sile Plan Review, Section 7.E.2 and 3) 56. This structure meets lhe definition of a threshold building per F.S. 553.71(7) X and shall comply wilh the requiremenls of F.S. 553.79 and the CBBA 10 lhe 2004 FBC, Sections 109.3.6.llhrough 109.3.6.6.The following information must be submitted al the time of pennil application: a. The structural inspeclion plan musl be submitted 10 the enforcing agency prior 10 lhe issuance of a building pennil for the construclion of a lhreshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building lhal are required to be signed and sealed by the archilecl or engineers of record shall conlain a stalemenl thaI, 10 the besl of the archilecl's or engineer's knowledge, the plans and specifications comply with the applicable fire safety slandards as determined by the local authority in accordance with this section and F.S. Seclion 633. 57. If lhis projecl is localed within the Downlown Slormwaler Improvement X Walershed, appropriale fees musl be paid 10 the City of Boynlon Beach Utilities Department prior to the issuance of a building permil per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted 10 the Building Division al the time of pennil applicalion submittal. 58. Indicate on the plans the square footage per floor of lhe parking garages. X Comply wilh the area and heighl requirements of 2004 FBC, Table 503. 59. A Mechanical venlilation syslem is required in lhe parking garages per the X 2004 FBC, Seclion 406.4.2. 60. The passenger loading zone for the CRA trolley shall comply with the X handicap accessibility requirements of the 2004 FBC, Section 11-4.1.2( c). ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 9 a~e I DEPARTMENTS \ INCLUDE \ REJECT I 61. Van accessible parking spaces shall be provided in lhe parking struclures per X lhe 2004 FBC, Secl6ion 11-4.6.2. 62. Localion of exits in residenlial buildings shall comply with lhe 2004 FBC, X Section 1015.1 and Table 1015.1 for exit access travel distance. 63. Indicale the overall heighl of the buildings on lhe elevation plans. X 64. The buildings shall comply wilh 2004 FBC, Seclion 403 for high-rise X buildings. 65. Indicale the occupancy type and type of conslruclion for lhe residential X buildings. 66. Sheel A2.04 ill ~_ The floor plan does not depict all rooms, corridors, slair X enclosures, etc. PARKS AND RECREATION Cornmenls: 67. Park Impacl Fee: 576 multi-family units x $924.00 = $532,224.00. X FORESTERlENVIRONMENT ALlST Cornmenls: 68. Boundary Survey, Existing Trees Management Plan Sheet 1 of 1: The X Landscape Architect should tabulale lhe tolal diameler inches of exisling lrees on the site. The tabular data should show the individual species of trees proposed to be preserved in place, relocated or removed and replaced on sileo The replacemenl trees should be shown by a separate symbol on the landscape plan sheel LND5 of 5. [Environmenlal Regulations, Chapler 7.5, Article I Sec. 7.D.p. 2.] 69. Plant Palette Legend Sheet LND5 of 5: All shade and palm trees musl be X Iisled in lhe description as a minimum of 12'-14' height, 3" DBH (4.5' offlhe ground) nol caliper, and Florida #1 (Florida Grades and Slandards manual). The heighl of the trees may be larger lhan 12'-14' to meel the 3" diameler requirement; or any clear lrunk (c.t.) specificalions. [Environmenlal Regulations, Chapler 7.5, Article II Sec. 5.C. 2.] 70. All trees proposed under any existing overhead electric power lines musl meel X lhe FP & L RighI Tree in the Right Place manual seleclion for small trees only. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 10 age DEPARTMENTS INCLUDE REJECT 71. The applicanl should show an elevalion cross-section detail of the actual X heighls of the proposed landscape trees and vegelalion at the lime of planting 10 (proper scale) visually buffer the proposed buildings and parking lot from the Woolbright Road, Federal Highway and S.E. 18th Avenue road righls-of- ways. 72. The tolal quanlities of each of lhe plant malerials are nol shown in the legend. X 73. Irrigation Plan: Turf and landscape (bedding plants) areas should be X designed on separate zones and lime duralion for water conservation. 74. Trees should have separate irrigation bubblers to provide water directly 10 lhe X fOol ball. [Environmental Regulations, Chapler 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Commenls: 75. Site plan approval of lhis projecl is conlingent upon lhe approval of lhe X corresponding requesl (LUAR 06-016) 10 amend the fulure land use designation from Local Relail Commercial (LRC) 10 Mixed Use (MX) and 10 rezone from Community Commercial (C-3) 10 Mixed Use Low Intensity 3 (MU-L3). 76. Site plan approval of lhis project is contingent upon submittal and approval of X a corresponding request for a height exceplion, HTEX 07-01, (max building height in MU-L3 is 75 feet). 77. Provide a notice of concurrency (Traffic Performance Slandards Review) from X Palm Beach County Traffic Engineering. The traffic impact analysis must be approved by the Palm Beach County Traffic Division for concurrency purposes prior to lhe issuance of any building permits. 78. It is lhe applicanl's responsibility 10 ensure thaI the new sile plan is publicly X advertised in accordance with Ordinance 04-007. 79. The applicanl is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program, and must demonstrale their participation. 80. lndicale on all plans all existing easements 10 remain and those 10 be X abandoned or relocaled. Indicate localion, purpose, and width of all proposed easemenls on site and adjacenllo subject property. 81. All proposed uses must be consislenl with the MU-L3 zonmg district X idenlified in Chapler 2 of the Land Developmenl Regulalions. 82. The submitted list of permissible uses for the LivelWork units shall be X included inlo the bylaws for lhe development. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-02 J P II age DEPARTMENTS INCLUDE REJECT 83. All proposed outdoor dining areas shall comply with applicable sidewalk cafe X requiremenls. 84. All required shrubs are 10 be at minimum 24 inches in height, 24 inches in X spread, and planted with lip-lo-tip spacing measured immediately after planling to adequately cover the planled areas on lhe sile (Chapter 7.5, Article II, Seclion 5.CA.). 85. Revise the typical drawing of freeslanding ouldoor lighting poles 10 include X lhe heighl and color / material proposed. The design, style, and i11uminalion level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Seclion 10.F.!.). 86. Show proposed freestanding sile lighling locations on lhe sile plan and X landscape plan (LDR, Chapler 4, Section 7.BA.). photometric plans must be submitted and aDPfoved Drior to issuance of firsl permit 87. Revise plans 10 include a detail of the upgraded Palm Tran bus stop shelter on X Federal Highway. 88. The applicanl shall submil a Sign Program for the project prior to any X approvals for individual signs for the projecl, and no sign permils shall be issued until such time as the Silm DfOgram has been aDDroved. 89. Revise building elevations (Ph IIA West) 10 provide architectural X enhancemenls (faux fealures) or artislic components (mural, etc.) to wesl side ofPublix building, and provide varying levels oflandscaping up to a minimum of y, lhe building height 90. Slaff recommends lhat lhose areas in which the parking garage is exposed 10 X lhe exterior of lhe project, especially abutting the gas station, the commerciaVresidenlial 10 lhe soulh and along lhe west elevalion, lhe garage openings be enhanced with decoralive melal work, decorative shutters, awnings, and in some inslances cascading landscaDe, as aDProved by staff. 9!. Slaff recommends lhat prior to submittal for building permit, all of the X building plans be modified to ensure thaI the aclual roofline is 75 feel in height, in order thaI only those building elemenls eligible for Heighl Exception exceed that figure. 92. Staff recommends that the Royal Palm trees proposed along Federal Highway X and Woolbright Road facades of the buildings be installed at approximalely half of the building height, in the range of 30-35 feet 93. Staff recommends thaI applicanl provide the necessary landscape al X approximalely half of the building height in order 10 assist in the screening of the parking structure DOrlion ofthe Phase lA building, behind the gas station. - 94. Staff recommends lhat applicant provide the necessary landscape al varying X heights to assist in lhe screening of the three levels of parking at the south end of the Phase IB building from lhe lhose properties nol included in this projecl and abutting SE 18'" Avenue. --- 95. Slaff recommends thaI aDPlicant Drovide buffer hedge and trees along lhe east X _L-----~ ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 12 age DEPARTMENTS INCLUDE REJECT side of lhe ingress/egress drive at SE 18th Avenue, 10 buffer those properties nol included in this proiecl and abutting SE 18th Avenue. 96. Include details on plans of founlains proposed in north and south connnons. X 97. The sile plan depicts 12 off-premise parking spaces located along SE 18th X A venue. These spaces cannol counl lowards the required parking for the project The spaces must be removed from lhe parking tabular data and lhe spaces either created on-sile or the shared parking analysis updaled to ensure adeCluale parking is provided. 98. Should the applicanl propose 10 place a gate wilhin any or all of lhe parking X structures 10 separale lhe residenlial parking from lhe general use parking, the applicanl shall be required 10 provide an updaled shared parking analysis 10 ensure that the assumplions made in the analysis are not voided by such action. 99. Provide an inlerim improvement/enhancement plan thaI depicts infrastructure X and landscape improvements 10 be performed in the evenl of a lag time of greater than six (6) months between lhe complelion of one (I) phase and lhe beJrinning of the next..Phase of construction. 100.At time of permitting, the applicant shall submit the necessary drawings 10 X graphically demonstrate compliance with the Sky Exposure Plane requirement of the MU.L3 district and IO-fool selback reCluiremenls, where deficient CRA STAFF Connnenls: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS None X ADDITIONAL CITY COMMISSION CONDITIONS To be delermined. MWR/eb S:IPlanningISHAREDlWPIPROJECTSISunshine SquareINWSP 06-021 ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Elllipse APPLICANT'S AGENT: Bonnie Miskel, Esq. - Ruden McClosky APPLICANT'S ADDRESS: 222 Lakeview Avenue # 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5,2006 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for a mixed-use complex in the Mixed-Use Low Intensity 3 (MU-L3) zoning district on a 14.43 acre parcel LOCATION OF PROPERTY: SW corner of Woolbright Rd and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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\Sunshine Square\NWSP 06-021\DO.doc ,'....:-~"."('~'i " (-. ,.' ." , CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL - 2nd Readin Non-Development 9 ITEM 8.1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetim~ Dates in to City Clerk's Office Meetine Dates ,in to Citv.Clerk's Office k8J December 5, 2006 November 20,2006 (Noon.) 0 February 20, 2007 February 5, 200~n) 0 January 2, 2007 DeceDlber 18,2006 (Noon) 0 March 6, 2007 FebrullJ)' 20, 2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 JanullJ)' 16,2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda k8J Legal - 2"" Reading 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Second Reading of Ordinance #06-092, creating Section 18-180.2 of the Boynton Beach Code of Ordinances providing for a 2% automatic annual delayed COLA for the Firefighter Pension Fund; and amending Section 18- 186 to provide for 12% member contributIons inlo the Firefighter Pension Fund. EXPLANATION: The ordinance proposed by the Board of Trustees oflhe Firefighler Pension Fund is intended to modifY the pension plan as follows: 1. The addition of Section 18-180.2 would provide for a 2% annual cost-of-living adjustment (COLA) commencing 5 years after retirement from the city or entry into the DROP plan. This becomes effective December I, 20 II for all members who retire or enter into the DROP on or after December I, 2006; eligible members also includes all retirees electing early relirement and all disability relirees who enter pay status on or after December I, 2006. Any participants who are already retired, on disability or have already entered the DROP plan are not eligible for lhe benefit. Following Ihe 5 year delay, retirees or their beneficiaries will have their retirement benefit increased annually by 2% on October I of each year. II. This ordinance would. increase the employee pension contribution from 7% to 12% for all firefighlers entitled to the new COLA benefits. This is a required contribution which is deducled bi-weekly from the payroll of all eligible Firefighter Pension Plan participanls. PROGRAM IMP ACT: There is currently no cost-of-living adjustment for the Firefighter Pension Plan and this would provide an annual retirement benefit increase of20/0 after 5 years of retirement for employees retiring, on disability or entering the DROP after December 1,2006. The membership of the Firefighter Pension Fund has overwhelming voted to purchase a cost of living adjustment through higher member contributions and are fully willing to contribute to this plan enhancement by increasing their employee contributions from 70/0 to 120/0. FISCAL IMPACT: (Include Aecount Nnmber where funds will come from.): Based on the actuarial impact stalement of June 23, 2006 prepared by Gabriel Roeder Smith & Company, which was based on the October 1,2005 actuarial valuation, the additional 5% employee contribution is sufficient to fund the future increase in benefits except for about .2% of covered payroll or approximately $16,000; this would be the additional cost to the City in the first year. If future experience closely mirrors that expected using the current plan assumptions, then the 5% additional employee contribution should remain stable and the additional cost to the City should remain relatively the same each year. This could be impacled by additional asset growth in the plan as a result of increased contributions, which will generate greater exposure to the investment market and S:\BULLEl1N\FORMSIAGENDA ITEM REQUEST FORM.DOC 07 \~ r- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM could lead to higher investment returns or greater losses. In addition, future hiring patterns could also affect required contributions. The City Manager and City Attorney requested Ihat the Firefighter Pension Board of Trustees consider language in the ordinance that would provide for an economic impact review every 3 years to ensure that the additional 5% employee contribution was sufficient to offset future increased costs to the City arising from this proposed retirement COLA The Board willing accepled their request and the following language has been included in the ordinance: Every third year following adoption of this Ordinance, an actuarial evaluation of the cost of this benefit (1% COLA adjustment for retirees) will be provided to the City by the Pension Plan's actuary, or other actuary designated by the City at it's option. In the event the projected cost of the benefit increases over the projected cost for fiscal year 1006-1007, the Pension Plan shall be further amended to provide that the increased costs will be offiel by (J) an increase in the 5% employee contribution provided herein, or (2) use of Chapter 175 funds, or (3) reduction of the cost of living (COLA) benefit for non, retired members, or any combination of (I), (1) or (3), as recommended by the Pension Board in consultation with the membership. Notwithstanding any provision to the contrary, COLA benefits under this paragraph shall not be reduced for retirees. In years where the actuarial evaluation described above determines thaI the cost of the COLA benefit is less than the projected cost for the benefit for fiscal year 1006-1007, the actuarial savings shall be recognized in a contribution reserve account within the Pension Plan. Any savings accumulated in the contribution reserve account shall be held in trust to be used to offset unanticipated COLA costs infuture years. AL TERNA TIVES: Do not approve the creation of a cost-of-living adjustment and Ihe subsequenl increase in employee contribution to offset the costs of the benefil; or, defer consideration of lhe pension enhancemenl until the next round of collective bargai ing when the benefit can e negotiated as part of an overall compensation package. ~ City anager's Signature Department Name S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. Db- CI1f). 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, CREATING SECTION ]8-]80.2 OF THE 5 BOYNTON BEACH CITY CODE PROVIDING, FOR .A 6 TWO PERCENT AUTOMATIC ANNUAL DELAYE~ 7 COLA FOR THE FIREFIGHTER PENSION FUND; 8 AMENDING SECTION ]8-]86 TO PROVIDE FOR 9 TWELVE PERCENT MEMBER CONTRIBUTIONS 10 INTO THE PENSION FUND; REPEALING ANY 11 ORDINANCE IN CONFLICT; PROVIDING A 12 CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the City of Boynton Beach Florida, presently has a retirement plan and 16 trust fund for firefighters; 17 18 WHEREAS lhe purchase of benefits funded through higher member conlributions is 19 authorized under Section 175.071, Florida Slatutes; 20 21 WHEREAS the membership of lhe Firefighter Pension Trust Fund overwhelming 22 voted to purchase a cost ofliving adjustrnenl funded wilh higher member contribulions; . 23 24 WHEREAS lhe proposed plan change and actuarial impact statement of the proposed 25 change has been furnished to the Division of Retirement prior to second and final reading of 26 the ordinance; 27 28 WHEREAS the Board of Trustees of the Firefighter Pension Trust Fund has 29 recommended lhe passage of lhis Ordinance; and 30 31 WHEREAS the Cily Council finds lhat the passage of this Ordinance is in the interest 32 of the firefighters and the citizens of the City of Boynton Beach; 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIlE 35 CITY OF BOYNTON BEACH, FLORIDA: 36 37 Section 1. The foregoing "Whereas" clause is hereby ratified and confirmed as 38 being true and correct and is incorporated herein by this reference. 39 40 Page 1 of 4 S:\CA \Ordinances\Ordinance re 2% COlA updated JO-23.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Seclion 2: Scclion 18- J 80.2 is hcreby crcatcd to read as follows: Section 18-180.2 Cost of Livinl! Increase. Effeclive DecemberOctobcr L 201 L an aulomatic two percent (2%) annual cosl of living adiustment (COLA) is crealed for all members who reliree or enler int61he DROP on or afler Seplemaer December I. 2006. Pavmenl of annual COLA benefils shall notkgin until five years after retirement or entry into the DROP. As of each October first, retirees in pay status and beneficiaries receiving monthly survivorship benefits on behalf of deceased members, shall have their benefits adiusted annually, following the five-year delay. Retirees eligible 10 receive annual COLA benefits shall include all retirees electing early retirement and all disability retirees who enter pay status on or after October 1 December 1 , 2006. Every third year following adoption of this Ordinance, an aCluarial evaluation of the cost of this benefit (2% COLA adiustment for retirees) will be provided to the City by the Pension Plan's actuary. or other acluarv designated by the Cily at it's option. In the event the proiected cosl of the benefit increases over lhe proiecled cosl for fiscal year 2006-2007, lhe Pension Plan shall be further amended to provide that the increased costs will be offsel by (1) an increase in the 5% employee contribution provided herein. or (2) use of Chapter 175 funds. or (3) reduction of the cost of living (COLA) benefit for non-retired members. or any combination of (1). (2) or (3). as recommended by the Pension Board in consultation with the membership. Notwithstanding any provision 10 the contrary. COLA benefits under this paragraph shall not be reduced for retirees. In years where the actuarial evaluation described above determines that the cost of the COLA benefit is less than the proiected cost for the benefit for fiscal year 2006-2007. the actuarial savings shall be recognized in a contnbulion reserve account within the Pension Plan. Any savings accumulated in the contribution reserve account shall be held in lrust to be used to offset unanticipated COLA cosls in future years. Section 3: Section 18-186 is hereby amended 10 read as follows: Section 18-186. Payroll deductions; Employee, State and City contributions. Effective November 270ctober 1, 2006, the City of Boynton Beach shall deduct from all firefighters entitled to lhe benefits of lhe article, seveB twelve (1 12%) per cenl from each installment of salary of each firefighter so long as such firefighter shall hold office or be employed. Said amount shall be so deducted and be deposited to lhe Boynton Beach Firemen's Pension Fund. Payroll deductions shall be deposited in the trusl fund immediately, after each pay period. Any monies received or receivable by reason of laws of the slate for lhe express purpose of funding and paying for retiremenl benefits for firefighters of the City shall be deposited in the lrust fund comprising part of this plan. Any such amount shall be deposited in the fund immedialely, and under no circumslances more than five (5) days after receipt by lhe Page 2 of 4 S:\CA\Ord-inances\Ordinance re 2% COlA updated IO-23_doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Cily. The City shall make annual contribulions to lhe lrust fund, as needed, in an amounl at least equal 10 the difference each year between the total member conlributions plus state contributions for the year, less lhe total cost for the year as shown by the most recent actuarial valuation for the system. The City's contribulion, if so required, shall be deposited on at leasl a quarterly basis. '\. Section 4: That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5: Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of compelent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: Authority is hereby granled to codify this Ordinance. Section 7: This Ordinance shall become effective immediately upon passage, provided thaI the followinR have occurred: (a) the City Commission has received a report establishinR lhe actuarial soundness of these amendments; and; when the Ci Commission has received a letter from the firefi ter union waivin barRaininR on the adoption of this Ordinance. FIRST READING this ~ day of Novem be,..- ,2006. Page 3 of 4 S:\CA\Ordinances\Ordinance re 2% COLA updated lO-23_doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 II Ii II SECOND, FINAL READING and PASSAGE lhis __ day of n_ 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: CITY CLERK (CORPORATE SEAL) Page 4 of 4 S:\CA\OTdinances\Ordin:mce rc 2% COLA updated 1O-23.doc THE SEGAL COMPANY 2018 Powers Ferry Road, Suite 850 Atlanta, GA 30339-5003 T 678.306.3100 F 678.306-3190 'Mvw.segalco.com \ August 29, 2006 Mr. Bill Mummert Director of Financial Services City of Boynton Beach 100 East Boynton Beach Boulevard P.O. Box 310 Boynlon Beach, FL 33425-0310 Re: Rey~ew of Proposed Firefighter Pension Plan Changes to Proyide a 2% Annual COLA for Eligible Plan Participants Dear Bill: The following summarizes our review of the above change. Proposed changes: The proposed change would provide for a 2% annual cost-of-living adjustment (COLA) commencing 5 yeats aflertetirement from the city including entry into the DROP plan. Any participants already retired or already in the DROP program are not eligible for this benefit. The proposed change also includes increasing the employee contribution rate from 7% to 12% of salary. Impact on plan funding: The Plan's actuary prepared an impact statement dated June 23, 2006 based on the Oclober I, 2005 actuarial valuation. This impact statement presents increases in the Normal Cost (NC), Present Value of Benefits (PVB) for active employees, Actuarial Accrued Liability (AAL) for active employees, and Unfunded AAL (VAAL) as follows: Item NC PVB actives AAL actives UAAL 10-1-05 Valuation Results $1,564,092 30,334,789 15,692,980 14,233,929 Impact Stalement $1,793,862 34,468,980 17,696,365 16,237,314 % change 14.7% 13.6 12.8 14.1 While we have not duplicated lhe above valuation results, we have reviewed them and find them consistent with results one might expect from lhe proposed plan change. ---* MuttinationaJ Group of Actuaries and Consultants ~ MEXICO CITY OSLO PARIS . BQneflt$, Compensation and HR Consurting ATlANTA BOSTON CAlGARY CHICAGO ClEVELAND DENVER HARTFORD t-K:lU$TON lOSANGElES MINNEAPOlIS NEWORlEANS NEWYORK PHILADELPHIA PHOENIX PRJNCETQN RALEIGH SAN FRANCISCO TORONTO WASHINGTON, D.C BARCELONA BRUSSElS DUBliN GENEVA HAMBURG JOHANNESBURG lONDON MELBOURNE Me. Bill Mummert August 29. 2006 Page 2 ',,; Required plan contributions would increase by $350,000 or 5.2% of payroll. Therefore, based on the dala, assumptions and melhods used to value lhe plan as of 10-1-2005, lhe addilional5% employee contribulion is sufficient 10 fund the increase in benefits excepl for aboul .2% of payroll. :\ Projection of required contributions: On August 10, 2006 the plan actuary supplied a 30 year projection of required contributions on the currenl plan and also including the proposed 2% COLA amendment. We have reviewed these projections and find them consistent with the stated assumptions. Therefore if, as stated in the plan acluary's letter, the plan's future experience matches the current assumptions the . contribution projections are reasonable expectations of the fulure. If future experience closely mirrors lhat expecled using current plan assumptions, lhen the 5% addilional contribution requiremenl can be expected to be reasonably stable. The following are items which may affect lhe COLA impact on plan liabilities and contribution requiremenls. . The increased contributions into lhe Plan will create additional asset growth in the Plan. This will generate greater exposure 10 the invesbnent markets. Of course if returns are greater than expected, the City's portion of Plan costs could decrease. . Future hiring patterns could also affect required contributions. Please feel free to contact me at 678-306-3]]9 to discuss any of the above items. Sincerely, ~:::z./ Leon F. (Rocky) Joyner, Jr. Vice President and Actuary 6004557vl/07011.oo1 '\ August 10, 2006 Ms. Barbara laDue Pension Administrator Boynton Beach Firefighters Pension Board City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Firefighters Retirement Fund Dear Barbara: Please find enclosed two tables of projected contributions to the Fund over the next 30 years. These projections were requested by Luke Henderson. One table is based on the present benefits, and the second table is based on the proposed changes including: . . }> A 2% COLA starting fIVe years after retjrem~mt. and }> An increase in the membercootribution rate from 7% of pay to 12%. The projections have been prepared as though there would be no actuarial gains or losses over the next 30 years. We also assumed that covered payroll would rise by 4% per year. We welcome,your questions and cOmments. Sincerely yours, . . J. Stephen Palmquist, ASA Senior Consultant . 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C:ompany l Oll~lJh;)))1\ 0: i\~n130t'\ .;0 I t ;1:':.1 I ;I~ (H;J\ Blvd "UIll /UO h I ;lllderdaJt>, fl. 33301-22-'\<1 ')').1.52',' 1(, Ih phont' (;5-1.525_00HJ bx \vww.gabndroCflf"r,ll'ill '" June 23, 2006 Ms. Barbara La Due Pension Administrator City 01 Boynlon Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33426 Re: Firelighters Pension Fund Dear Barbara: As requested, we have prepared the enclosed Actuarial Impact Statement for the proposed 2% cost 01 living adjustment starting 5 years after retirement. This benelit would be funded primarily by an additional 5% contribution lrom active Members of the Plan and would not apply to members in the DROP or who have retired. The additional cost to the City would be 0.24% of covered payroll, about $16,000 in the first year. We welcome your questions and comments. Sincerely YOUlS, ~ p~~~ J. Stephen Palmquist, k~A Senior Consultant Enclosures CITY OF BOYNTON BEACH MUNICIPAL FIREFIGHTERS PENSION FUND Impact Statement - June 23, 2006 Description of Amendment > Annual 2% Cost of living Adjusfment (COLA) commencing 5 years after retirement. Benefif applies to currenf Active Members and would be financed primarily by an additional 5% employee contribution. " Funding Implications of Amendment An actuarial cost estimate is attached. The amendment would increase the required employer contribution by 0.24% of covered payroll. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. (~~ For the Board of Trustees as Plan Administrator - ---.,... SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Boynton Beach Municipal Firefighters' Pension Trust Fund Valuation Date October 1, 2005 ""'- '\ Date of Report June 23, 2006 Report Requested by Board of Trustees Prepared by J. Stephen Palmquist Group Valued Active Firefighters Plan Provisions Being Considered for Change ~ Annual 2% Cost of Living Adjustment (COLA) commencing 5 years after retirement Benefit applies to current Active Members and would be financed primarily by an additional 5% employee contribution. Participants Affected All active firefighters who have not retired or entered the DROP. Actuarial Assumptions and Methods Same as October 1, 2005 Actuarial Valuation Report with no exceptions Some of the key assumptions/methods are: Investment return - 8.5% per year Salary increase - 4.0% to 18.4% varies depending on service Cost Method Entry Age Amortization Period for Any Increase in Actuarial Accrued Liability 30 years Summary of Data Used in Report See attached page. Actuarial Impact of Proposal(s) See attached pagels). The proposal would increase the required employer contribution by 0.24% of covered payroll. .;:oecial Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations None Possible Conflicts With IRS Qualification Rules None " ,e MAAA,FCA 60 1" ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October 1, 2005 October 1, 2005 ~. Valuation 2% COLA ~ Increase 5 YeaT Delay (Decrease) 12% Member Conlf, R ARC to Be Paid During Fiscal Year Ending 9/30/2006 9/30/2006 C. Assumed Date of Employer Contrib. 10/15/2006 10/15/2006 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 962,687 $ 1,085,927 $ 123,240 E. Employer Normal Cost 1,186,288 1,077,892 (108,396) F. ARC if Paid on the Valuation Date: D+E 2,148,975 2,163,819 14,844 G, ARC Adjusted for Frequency 01 Payments 2,339,568 2,355,729 16,161 H, ARC as % of Covered Payroll 34 .59 % 34.83 % 0.24 % L Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 % 0.00 % 0.00 % J. Covered Payroll for Contribution Year 6,763,318 6,763,318 - K. ARC lor Contribution Year: H x J 2,339,568 2,355,729 16,161 L Estimate 01 State Revenue in Contribution Year 589,543 589,543 - M. Required Employer Contribution (REC) in Contribution Year 1,750,025 1,766,186 16,161 N. REC as % of Covered Payroll in Contribution Year: M 7 J 25.87 % 26.11 % 0.24 % -"\ . . ACTUARIAL VALUE OF BENEFITS AND ASSETS A. Valuation Date October 1, 2005 October 1, 2005 2% COLA , ~ Valuation '- Increase 5 Year De/ay ,\DecreaSe) 12% Member Contr_ B. Actuarial Present Value 01 All Projected Benefits for 1. Active Members a. Service Retirement Benelits $ 26,256,180 $ 29,783,845 $ 3,527,665 b. Vesting Benelits 1,977,535 2,257,789 280,254 c. Disability Benefils 1,525,398 1,719,760 194,362 d. Preretirement Death Benefits 349,373 405,749 56,376 e. Return 01 Member Contributions 226,303 301,837 75,534 f. Total 30,334,789 34,468,980 4,134,191 2. Inactive Members a. Service Retirees & Beneficiaries 33,695,204 33,695,204 - b. Disability Retirees - - - c. Terminated Vested Members 232,073 232,073 - d. Total 33,927,277 33,927,277 - 3. Total for All Members 64,262,066 68,396,257 4,134,191 C~ Actuanal Accrued (Past Service) liability per GASB No. 25 49,620,257 51,623,642 2,003,385 D. Actuarial Value 01 Accumulated Plan Benefits per FASB No. 35 45,685,001 NA NA E. Plan Assets 1. Market Value 38,553,439 38,553,439 - 2. Actuarial Value 35,386,328 35,386,328 - F. Unlunded Accrued liability: C- E2 14,233,929 16,237,314 2,003,385 G. Actuarial Present Value of Projected Covered Payroll 63,525,618 63,525,618 - H. Actuarial Present Value 01 Projected Member Contributions 4,446,793 7,623,074 3,176,281 CALCULATION OF EMPLOYER NORMAL COST Il' A. Valuation Date October 1, 2005 October 1, 2005 Valuation 2% COLA Increase 5 Year Delay .:\ (Decrease) 12% Member Contf. ',<'. B. Normal Cost for 1. Service Retirement Benefits $ 1,248,236 $ 1,414,252 $ 166,016 2. Vesting Benefils 137,602 157,328 19,726 3. Disability Benetits 124,236 140,987 16,751 4. Prerelirement Death Benefits 20,478 23,805 3,327 5. Return of Member Contributions 33,540 57,490 23,950 6. Total for Future Benefils 1,564,092 1,793,862 229,770 7. Assumed Amount for Administrative ExPenses 95,628 95,628 , 8. Total Normal Cost 1,659,720 1,889,490 229,770 C. Expected Member Contribution 473,432 811,598 338,166 D. Employer Normal Cost: BB-C 1,186,288 1,077,892 (108,396) V" E. Employer Normal Cost as a % of Covered Payroll 17.54 % 15.94 % (1.60) %~ "", " Page 1 of2 Mummert, Bill From: Jim Cherof ncheraf@cilyatty.com] Sent: Monday, Seplember 04. 2006 9:01 AM To: Adam Levinson; Bressner, Kurt; Mummert, Bill Cc: Henderson. Luke; Robert Klausner; SOL025@aoLcom Subject: RE: Boynlon Firefighter pension ordinances " 0- Adam- Thank you for your work on this ordinance and your patience as it works its way for City Commission consideration. I have had the opportunity to meet with the City Manager and the Finance Director to review the ordinance you have drafted on behalf of the City's Fire Pension Board. Prior to lhe City Manager submitting the proposed ordinance to the City Commission with his recommendation for adoption, the City Manager has requested that I provide you with additional language for inclusion in the dr;d't ordinance which would create a three year economic impact cycle of review. Notwithstanding the affinnations of the actuary and the belief of the plan participants that employee contributions will offset any current or future increased cost to the City arising from the retirement COLA, we feel itis better to. revisit that assumption from time to time and to provide for alternative funding or benefit adjustment in the event the assumptions prove wrong. To that end, please consider the following language to be added to the proposed amendment: Every third year following adoption of this Ordinance, an actuarial evaluation of the. cost of this benefit ( 2% COLA adjustment for retirees) will be provided to the City by the Pension Plan's actuary, or other actuary designated by tile City at it's option. In tile event the projected cost oj the benefit increases over the projected cost for fiscal year 2006-2007, the Pension Plan shlif/be . fUrther amended to provide that the increased costs will be o./ft'et by (1) an increase in the 5% employee contributior' provided herein, or (2) use of Chapter 175 funds, or (3) reduction of the cost oflWing (COLA) benefit, or any combination of(J).(2) or (3). Naturally,' the Substance of the proposed ordinance'lind the proposed amendment must be reviewed atid accepted by the IAFF and incorporated in the current Collective Bargaining Agreement by a Memorandum of Understanding ratified by both the City Commission and the bargaining unit members. From: Adani levinson[mailto:adam@robertdkl,lUsner.rom] Sent: Thursday, March 23, 2006 2:58 PM To: Bressner, Kurt Cc: Henderson, Luke; Jim Cherof; Robert Klausner; S0L025@aol.com Subject: RE: Boynton l'irefJghter pension ordinances Kurt, Looks like everything is moving along. Feel free to call our offtce if you. Luke or Bill have any questions at next week's meeling. likewise, Rocky Joyner and Jim Cheraf should feel free to call if we can be of any assistance. Thanks, Adam Levinson Klausner & Kaufman. P.A lt/t/,?n(v:, "::'age ' o:~7 Mummert, Bill '\ From: Swanson, Lynn Sent: Friday, Oclober 06, 200611:11 AM To: Mummert, Bill Subject: FW: Boynlon Beach Firefighler COLA ordinance Attachments: Ordinance re 2% COLAupdaled.rtf '\ Bill- This is whal' received from Adam Levinson. Lynn From: Adam Levinson [mailto:adam@robertdklausner,com] Sent: Thursday, October OS, 2006 1:28 PM To: swanson, Lynn Cc: Robert Klausner; Henderson, Luke; Palmq\list, Steve (Ftlaud) SUbject: Boynton Beach Firefighter COLA ordinance Lynn, Attached is lhe requested COLA ordinance for lhe Boynlon Firefighter Pension Plan. Jim will nole lhal we added lhe following language althe request of the City: " Every third year followinf:.adQpuon of this Ordinance. an actuarial evaluation of the cost of this benefit (2% COLAadiustment forrefuees) will be provided to the City by the Pension Plan's actuary. or other actua;; designated by the City atit's option. In the event the projected cost of the benefit increases over the PI' iected cost for fiscal year 2006.2007. the Pension Plan shall be further amended to provide that the increased costs will be offset by (I) an increase in the 5% employee contribution proVided herein. or (2) use of Chapter 175 fimds, or (3) reduction of the cost of living (COLA) benefit for non-retired members. or any combination of (1). (2) or (3), as recommended by the Pension Board in consultation with the membership. Notwithstanding any provision to the contrary. COLA benefits under this paragraph shall not be reduced for retirees. In vears where the actuarial evaluation described above determines that the cost of the COLA benefit i~ less than the projected cost for the benefit fot. fiscal year 2006-2007. the actuarial savings shall be recognized in a contribution reserve account within the' Pension Plan. Anysavings.accllJDulated in the contribution reserve account shall be held in trust to be used to offset unanticipated COLA costs in future years. " By copy of this emaill am requesling thaI the Board's actuary, Steve Palmquist, update the impact slalemenl as necessary 10 reflecllhe proposed changes. Should you have any queslions, please feel free 10 call. Adam Levinson Klausner & Kaufman, P A 10059 NW. 1s1 Court Planlation, FL 33324 ph. (954) 916-1202 fax. (954) 916-1232 1111 V)()F\L Boynton Fire Pension Ordinance Page 1 of2 Mummert, Bill From: Adam Levinson [adam@robertdklausner.com) Sent: Friday, Oclober 27,20062:42 PM To: Swanson, Lynn Cc: Bressner, Kurt; Mummert, Bill; Robert Klausner Subject: RE: Boynton Fire Pension Ordinance Attachments: Ordinance re 2% COLAupdaled 10-23.rtf .'\ Jim & Lynn, This email is in response to your emall of October 17 regarding lhe draft Boynlon Fire COLA ordinance. I have been advised by the Chairman that the union presidenl has prepared a letter officially waiving bargaining on lhis lopic. You will note that we have made lhe following revisions to the ordinance: 1) added a 4th whereas clause providing thaI "WHEREAS lhe proposed plan change and acluarial impact slalemenl of the proposed change has been furnished 10 lhe Division of Reliremenl prior 10 second and final reading of the ordinance;" 2) changed the effective dates to December of 2006 and December of 2011; 3) changed the effective dale for member contributions to Nov. 27; 4) added the following language into Seclion 6 regarding conditions imposed by lhe city: This Ordinance shall become effective immedialely upon passage, provided lhallhe following have occurred: (a) the City Commission has received a report eslablishing lhe actuarial soundness of these amendrnenls; and; (b) when the City Commission has received a letter from the firefighler union waiving bargaining on lhe adoplion of this Ordinance. Should you have any questions or comments, please feel free 10 call. Thanks, Adam Levinson Klausner & Kaufman, PA 10059 NW. 1st Court Planlation, FL 33324 ph. (954)916-1202 fax. (954) 916-1232 Websile: www.robertdklausner.com From: Swanson, Lynn [mailto:SwansonL@Ci.boynton-beach.f1.us) Sent: Tuesday, October 17, 2006 4:44 PM To: Adam Levinson Cc: Bressner, Kurt; Mummert, Bill Subject: Boynton Fire Pension Ordinance Adam - It is our practice to add the following provision to all ordinances which amend our pension plans Boynton Fire Pension Ordinancc Page 2 of1 This Ordinance shall become effective when lhe following have occurred: (a) the Cily Commission has received and has accepted a report establishing the aetuarlhrc, soundness of these amendments; and '" (b) As to bargaining unit members, when a collective bargaining agreement ratifying the foregoing change~ to pension benefils has been ratified by the C!ty ~ommission"alfd.th~e.neral Employees' PenSIOn Board ofTruslees, or theIr successor orgamzatJon. " of this Upon satisfaction of all of the above requirements, then in that event, the terms and provisions Ordinance shall become effective. (a) reflecls the requiremenl of 175.51(2), Florida Slalutes, and (b) reflects lhat pension benefits are a mandalory subject of bargaining. I would also suggesllhal a 'Whereas' clause be added staling lhal the proposed plan change and actuarial impacl stalemenl of lhe proposed change has been furnished 10 the Division of Reliremenl prior 10 second and final reading of lhe ordinance. Our goal is 10 place this on the Commission agenda for firsl reading on November 21, 2006. James A Chero! " 11/11'lAnL Boynton Fire Pension Ordinance Page 1 of2 ~~ Mummert, Bill From; Adam Levinson [adam@robertdklausneLcom} Sent: Tuesday, October 17, 2006 4:58 PM , To: Swanson, Lynn " "- Cc; Bressner, Kurt; Mummert, Bill; Robert Klausner; Henderson, Luke; jcherof@cityatty.com Subject: RE: Boynton Fire Pension Ordinance Jim & Lynn, I am in receipt of your attached emaU of loday's date regarding the Firefighter pension ordinance. I have no difficulty whatsoever with ilem (a) or your proposed whereas clause. Wrth regard to item (b), my understanding from the Pension Board is lhatthe union would be prepared towaive bargaining on this matter, which would expedite the process. As you know, our office does not represent the union. If the parties agree 10 waive bargaining, I would lhink that a simple letter from the union confirming same would be substantially easier than requiring a formal amendmenlto the CBA , as is proposed in item (b). I will be out of the office all day tomorrow, but will check messages. . Thanks, Adam Levinson Klausner & Kaufman, PA 1005.9 N.w. 1 st Court Plantation, FL 3~24 ph. (954) 916-1202 fax. (954) 916-1232 Website; www.robertdklausner.com "_.'_'_..n._.,.,~. -.,.."._r _ ,~.:.. --'"-'j-'---~ --, ~~ ~~'~:.!~ ~~ -"." .~ B8YIFINIEMI"_ LOCAL 1891 1"uescIfty, October 24, 2006 ThIs is in rellpOn$e to recent events enaett\d by the Board ofTmstees of the Firefighter Pension Dust Fund reptdlng the ineepdon and devel9pment of the proposed ordl~ change, the imp1emenlation oh cost ofJiviDg Increase added to the YlI'Cdlgbters P'aMion Fulld. The .P1"OfusiODlllFirefI~andFllu.....,6s of Boynton BelIch Local IB91 are waiving the rigbt to barpin the i11:1pa<< oftbudoptionofthe ~ ~ being Sl:IbtWded, "led to as, CoIlto(Li'viqr ~-""'" The Union's Wfli'\Iing oftbll ritbt.is s6Wy :tor the j4'" oflheJeweIn relatieato die s.iDgIe pJ~ ~~pa.~_bY the..... ofT..... ofthe~ P8!t8ion F'uQd, 'J.'lUlettl!tis~.q~OIt~o'the~_ ...iIJI1t.~Jh, .U~4Board, any question or~IMi~~'t~,fbin...~,l!ft.~l,~w,__~9w, President oflocalI89I. Oeaa~,~i'~rbt~J891 \ RECEIVED . , OCT 2 t 2006 co o o N ~ ~ .., - '" '" n. n. 0 0 0 0 0 '" '" 0 z z z z z >- >- z 0 0 - - - - - - - - -' DCIL '" '" '" '" '" '" '" '" 0 '" '" '" '" '" '" '" '" >- I- >- >- >- >- >- >- Cl !;, z '" !;, !;, '" !;, ~ '" ;:: >- >;, 0 >;, (/) 0 0 0 0 ~ 0 0 '" - W ~ ~ ~ ~ ~ ~ > 'f' - " .E '" - l'? C '" >;, >-- '" m ",,,, >;'0 "" NC - C C. 0 - '" ~ ~l'- ~i "" 0 OJ E"" ~ 0 .., '" w..u :30 '" C 0 "'- '0< -~ 00 -.c OJ OJ_ <:. ,OJ; NO .0- ." 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XII. - LEGAL ITEM C.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Conunission Dale Final Form Must be Turned Meeting Dates in to City Clerk's Office r8J December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 0 January] 6, 2007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16, 2007 (Noon) 0 Requested City Corrunission Meeting Dale~ Date Final Form Must be Turned - '~n to Cit:( Clerk's Office '\ February 5, 2007'(Noon) February 20, 2007 March 6, 2007 February 20, 2007 (Noon) March 20, 2007 March 5. 2007 (Noon) April 3, 2007 March 19,2007 (Noon) o 0\ :z o <: N .-, .-,::; :::;-< -<0 0"" r-aJ f"TlO "" ;0<:-< .2 (1)-< 00 ..,,2 '"'lCD -fTl 0> f"ln :x: 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda r8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 :J>> ::J: '9 C.I1 RECOMMENDATION: Adoption of an Ordinance amending the City of Boynton Beach's Code of Ordinance to replace the term Occupational License with Business Tax or Business Tax ~eceipt. EXPLANATION:. The 2006 Slate of Florida legislature enacled Chapter 2006- I 52, Laws of Florida, which provides the tenn "Occupational License" to "Business Tax" or "Business Tax Receipt." In order to be consistent with the Florida Statules, the City of Boynton Beach's Code of Ordinances should be changed to reflecl the same wording. PROGRAM IMPACT: No operational impact, however, all City forms will need 10 be changed to reflect the new designation. FISCAL IMPACT: Unknown. ALTERNATIVES: None \ "C Department Head's Signature ~C' M 'S-: tty anager s tgnature Assistant to City Manager ~ City Anomey Department Name City Anomey / Finance S,IBUllETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC I 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY CODE OF ORDINANCES TO REPLACE THE TERM "OCCUPATIONAL LIC~SE" WITH "BUSINESS TAX" OR "BUSINESS TAX RECEiPT". , PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the 2006 Stale of Florida legislature enacled Chapler 2006-152, Laws of 13 Florida, which provides for lhe change of the term "Occupalional License" to "Business Tax 14 Receipt"; and 15 WHEREAS, the City Commission has determined lhat, in order to be consislenl with 16 State Stalutes lhal il is necessary 10 revise the City's Code of Ordinances in order 10 change the 17 lerm "Occupational License" to "Business Tax" or "Business Tax Receipt" 18 I NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY IOF BOYNTON BEACH: i i 19 20 Seclion 1. The foregoing "Whereas" clause is hereby ratified and confirmed as being 21 true and correct and is incorporaled herein by this reference. 22 Seclion 2. The Cily of Boynlon Beach Code of Ordinances is hereby amended to 23 provide thaI all references 10 the lerm "Occupational License" in lhe City's Code of Ordinances 24 shall be replaced with "Business Tax" or "Business Tax Receipt" 25 Seclion 3. The Cily Clerk is direcled 10 forward a copy of lhis Ordinance to lhc 26 publisher of lhe Cily of Boynlon Beach Code of Ordinances and to instruct lhe publisher to 27 change every reference within lhe Charter and Code of Ordinances from "Occupalional 28 License" to "Business Tax" or "Business Tax Reccipt" 29 Seclion 4. Each and every olher provision of the Code of Ordinances nol herein -J- 2 specifically amended, shall remain in full force and effecl as originally adopled. Section 5. All laws and ordinances applying to lhe Cily of Boynton Beach m 3 conflicl wilh any provisions of this ordinance are hereby repealed. 4 ~ Section 6. Should any section or provision of this Ordinance or any portion thereof 5 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 6 remainder of this Ordinance. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 29 I 30 31 32 33 Seclion 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately upon adoption. FIRST READING lhis _ day of ,2006. SECOND, FINAL READING and PASSAGE this _ day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy ATTEST: CITY CLERK (CORPORATE SEAL) -2- XII. - LEGAL ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Connnission Date Final Form Must be Turned Requested City Commission Date FiJU!!J:orm Must be Turned Meetin2 Dates in to City Clerk's Office Meetimr Dates in to Cfty Clem-~ce rgJ December 5.,2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18.2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noo,,) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) 0 February 6. 2007 January 16,2007 (Noon) 0 April 3. 2007 March 19, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consenl Agenda rgJ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the December 5, 2006 City Connnission Agenda under Legal, 'dinance-Firsl Reading, as directed by the City Commission and supported by the Conmnmity Redevelopment Agency 'd. Staff supports this iunendment to increase the approval period for a site plan from 12 months to 18 months. EXPLANATION: New zoning districts have been estab1ished over the past 5 years that are intended to support redevelopment efforts. The projects supported by such zoning provisions are typically larger and more complex with respect to land area, land assemblage, public involvement, financing, site preparation, etc. As evidenced by the magnitude of requests for time extensions, these projects require more than 12 months to con:unence construction. Therefore, an amendment to Chapter 4. Site Plan Review, Section 5 is warranted to increase the approval perind for a site plan. The accompanying ordinance merely increases the life of an approved site plan from 12 months to 18 months. No other changes are proposed; a building permil must still be obtained or a request for extension filed, prior to expiration. PROGRAM IMPACT: N1A FISCAL IMPACT: N1A ALTERNATIVES: N1A ~.r ~.~ City Manager's Signature Assistant 10 City Manager ~ Deve Z-J7 ~_ Planning and Zo . irector City Attorney I Finance S.. """,ingISHAREDlWPlSPECPR JlCODE REVlEWlSite plan expiration - 18 monthslAgenda Item Re<juesllJe<:ember 5, 2006.doc S:\BULLETtN\FORMSIAGENDA ITEM REQUEST FORM.IX>C 17 18 19 20 21 22 23 i ~ il I 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, REVISING CHAPTER 4, "SITE PLAN 'REVI~" SECTION 5 TO INCREASE THE INITIAL APPROVAL PERIOD FOR SITE PLANS FROM TWELVE MONTHS TO EIGHTEEN MONTHS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, lhe Cily Commission does hereby deem illo be appropriate and in 15 lhe besl inleresls of the residents of lhe City of Boynton Beach 10 approve the amendments to 16 the Code as hcreinafter sel forth. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correcl and hereby ratified and confirmed by the City Commission. Section 2. Section 5 of Chapter 4, "Sile Plans," of the Land Development 24 Regulations, Part III ofthe Code of Ordinances is amended as follows: 25 Sec. 5. Expiralion of sile plan. 26 Upon approval of a site plan by the City Commission, the applicant shall 27 have (1) )'ear eighteen months 10 secure a building permit from the developmenl 28 department If an applicant fails to secure a building permit in that time, all 29 previous approvals shall become null and void. A clearing and grubbing permit 30 shall not constitute a building permil for site plan review purposes. The City 31 Commission, at its discrelion, may extend thc approval of a sile plan for an 32 addilional time period, not 10 exceed one-year, provided a request for extension 33 is filed prior to the expiration of lhe original one year eighteen month period. In 34 granting such exlensions the City Commission may require modification to or 35 impose addilional conditions on the site plan. 36 S:\CA\Ordinances\"")j!e Plan extensions (18 months).doc 1 2 3 Section 3. Conflicting Ordinances. All prior ordinances or resolutions or parts lhereof in conflict herewilh are hereby repealed to the 4 exlenl of such conflict. 5 .... '- Section 4. Severability. 6 If any section, sentence, clause, or phrase of this Ordinance is held 10 be invalid or 7 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect 8 lhe validity of the remaining portions of this Ordinance. 9 Section 5. Inclusion in Code. ] 0 It is the intention of the City Commission of the City of Boynton Beach, Florida, that 11 the provisions ofthis Ordinance shall become and be made a part of the City of Boynton Beach 12 Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered 13 and lhe word "ordinance" may be changed 10 "section," "article," or such other appropriate 14 ord or phrase in order to accomplish such intentions. 15 Section 6. Effective Date. 16 This Ordinance shall become effective immediately after adoption by the City 17 onnrusslOn. 18 19 20 FIRST READING this _ day of ,2006. :\CA\Ordinances\Site Plan extensions (l8 months).doc 2 SECOND, FINAL READING AND PASSAGE lhis _,_ day of__,~, 2006. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ATTEST: City Clerk (City Seal) :\CA\Ordinances\..O:;;ite Plan extensions (18 months).doc C1TY OF BOYNTON BEACH, FLORIDA >\" Mayor- Jerry Taylor Vice Mayor - Robert Ensler Commissioner- Mack McCray - .,"-"----- Commissioner ~ Jose Rodriguez Commissioner ~ Carl McKoy 3 ,((.p~ -)- . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI XII. - LEGAL ITEM C.3. Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office ~ December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 0 January 16, 1007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16, 2007 (Noon) 0 Requested City Connnission Meetine: Dates Date Final Form Must be Turned in to City Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6. 2007 February 20, 2007 (Noon) March 20, 1007 March 5, 1007 (Noon) 0 Announcements/Presentations 0 NATURE OF 0 Administrative 0 AGENDA ITEM 0 Consent Agenda ~ 0 Code Compliance & Legal Settlements 0 0 Public Hearing 0 City Manager's Report New Business ~ CD .. W ...J o 0..... :::j-< -<0 C) ., r-OJ ,TIC >.'J-< :X:z: ...... Wo 0% -nm ::::!rrl oJ> rrlo ::r April 3, 2007 D March 19,2007 (Nooll1' :z: o ..:: N CD Legal UnfInished Business RECOMMENDATION: Please place this request on the December 5, 2006 City Connnission Agenda under Legal, Ordinance-First Reading. Staff supports this proposed amendment to increase the time periods for displaying Temporary Project Development Signs and Temporary Banners for new projects and businesses. EXPLANATION: The proposed amendments are to the Land Developmenl Regulations, Chapter 21. Signs, Article III, Section 6.A and 6.F, to increase the time period for displaying temporary development signs and temporary banners. Currently, temporary development signs must be removed within 60 days following issuance of the permit if construction has not connnenced, or if discontinued for 90 days. The proposed amendments would increase the time period for displaying the sign from 60 days to 120 days. With respect to banners, current regulations allow for the display of temporary banners for a maximum period of two (2) weeks over a one (I) year period. The proposed amendments would increase that period to 90 days for aIUlouncing the opening of new businesses. The other provisions (i.e. sign size, stonn preparation, removal, etc.) within these sections would remain unchanged. The intent of the proposed amendments is to allow for greater acknowledgement and exposure of new developments and businesses in the city. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature tu+U L{j Assistant to City Manager Planning and Zo S:\Planning\SHARED\WP\SPECPR ector City Attorney / Finance 19n regulations\Temporary signs - duration\Agenda Item Request December 5, 2006.doc S,IBULLETtN\FORMSIAGENOA ITEM REQUEST FORM.DOC I ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING PART 5 III, "LAND DEVELOPMENT REGULATIONS", ARTICLE 6 III "SPECIAL CONDITIONS" OF CHAPTER 21; PROVIDING 7 FOR ADDITIONAL TIME THAT SPECIAL SIGNS CAN BE 8 MAINTAINED; PROVIDING FOR CONFLICT, 9 SEVERABILITY, CODIFICATION, AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, lhe Cily Commission recognizes the need for new businesses and new 14 projecl developments 10 announce 10 the public lhat the business or development is open and 15 operational; and 16 WHEREAS, the City Commission finds lhal the current provisions of lhe sign code 17 which allow for speciallemporary signs is unnecessarily limiling and inhibils new businesses 18 or developments from announcing their localion 10 the public; and 19 WHEREAS, lhe City Commission inlends 10 demonstrale ils support and 20 encouragement to new businesses and developmenls which have made an inveslmenl in 21 conducting their businesses in the Cily of Boynton Beach; and 22 WHEREAS, the Cily Commission finds that the modest exlension of time provided in 23 this amendment for the use of special signs balances lhe inleresl of lhe business communily and 24 lhe general public. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA: 27 Section 1. The foregoing "WHEREAS" elauses are lrue and correcl and hereby 28 ralified and confirmed by the City Commission. S:\CA\Ordinances\LDR Changes\sign code temporary signs 1 12006.doc Page 1 of6 Section 2. Article III, Special Condilions, Chapler 21, "Signs", of lhe Land 2 Deve]opment Regu]alions, Part III oflhe Code of Ordinances is amended as follows: 3 Sec. 6. Special signs. 4 A Temporary projecl development signs. Large areas under development shall be 5 permitted two (2) signs not 10 exceed a combined aggregale area of lwo hundred fifty (250) 6 square feet Said signs shall be located in accordance with the requiremenls conlained in this 7 chapler relating 10 the specific zoned area. Permits for said signs shall be limited to the time 8 the developmenl is completed, lerminated or abandoned. The permits for such signs will not be 9 issued prior 10 the dale upon which an application for a permit for the related building 10 conslruclion or site developmenl is filed. These signs must be removed within sixty (6G) one II hundred twenly (120) days after the permil is issued, if construction has not commenced, or if 12 such conslruclion is subslantially abandoned for ninely (90) days, as evidenced by a lack of 13 inspections and/or other pertinenl conditions. Signs must be removed when the final building 14 inspection is called for. 15 B. Temporary construclion signs. One (1) non-illuminaled sign may be permitted to be 16 erecled on the premises or attached to a too] house on the premises subject to the following 17 condilions: 18 I. Such sign shall nol exceed thirty-lwo (32) square feel in area. 19 2. Such sign shall not be erected prior to the issuance of a building permil and must be 20 removed when the building or projecl is completed; provided, however, if such sign is erected 21 as permitted hereunder and construction is not commenced within one hundred eighly (180) 22 days after permit is issued, or if such construction is substanlially abandoned for one hundred 23 eight (180) days as evidenced by a lack of successful inspeclions and/or olher pertinenl 24 conditions, such sign shall be immediately removed by lhe owner or lessee of the premises. 25 3. Such sign shall be located on the premises being developed in accordance with the 26 requiremenls of lhis Code relating to lhe specific zone areas. 27 C. Directional signs. 28 1. General direclional signs limited to six (6) per CIVIC organizalion, church, 29 recrealional facility and limited to one hundred forty-four (144) square inches per sign and 30 ]ocaled al slreet interseclions or other locations for the convenience of the lraveling public, may 31 be permitted in city right-of-way when approved by lhe director of development The owner 32 shall have the signs made at the owner's expense, but according 10 the specifications of lhe 33 cily. Said signs shall be placed by lhe responsible governmental body al lhe expense of the 34 owner and when the sign is in the public right-of-way, it shall be placed on opposite comers S:\CA \Ordinanccs\LDR Changes\sign code temporary signs 112006.doc Page 2 of6 I from streel signs. A limil of six (6) signs on onc (I) pole may be permitted al each strcet 2 inlerscclion. 3 2. Signs of a temporary nalure, not 10 exceed sevenly-five (75) square feet in area, may 4 be permitted. Such signs shall be localcd at specified poinls for lhe convenience of lhe 5 lraveling public. The signs shall be removed wilhin five (5) days of lhe completion of lhe 6 event. 7 3. Streel signs. A subdivision name sign may be placed on a city streel post by cily 8 personnel, provided it is requested lhrough the Public Works Department and paid for by lhe 9 party requesting said sign. This sign shall be idenlical 10 lhe street sign as 10 color, size and 10 shape. II 4. Temporary direclional signs may be erecled 10 guide traffic 10 building models at 12 inler-sections in the cily rights-of-way. Such signs shall not exceed three (3) square feet in 13 area, nor be more lhan lhree (3) feet in height above lhe grade oflhe righl-of-way. Said signs 14 shall be approved by lhe development department Not more than six (6) such signs will be 15 allowed for anyone (I) development These signs shall be placed at the development 16 department's discretion and in all cases shall be placed as close as possible to the development 17 from lhe main lhoroughfare. 18 5. A residential subdivision, residential development or neighborhood associalion of 19 twenty- five (25) unils or more, may be allowed one (I) idenlificalion sign al each major 20 inlersection which serves lhe residential subdivision, residential development or neighborhood 21 association, not 10 exceed two such locations. Each sign may have no more than lwo (2) faces 22 not exceeding sixleen (16) square feet each face, and may be located in the public righl-of-way 23 when traffic visibility is unobstructed and the location is approved by lhe direclor of 24 development Upon approval, the city and the representatives of the residential subdivision or 25 residenlial developmenl or neighborhood associalion shall enter inlo a license agreement, 26 setting forth lhe terms and condilions upon which approval 10 place the sign on lhe public righl- 27 of-way is granled. Approval does nol preclude lhe necessity 10 secure approvals from other 28 govern-mental agencies. 29 D. Temporary political signs may be posted on privale properly within lhe cily. All 30 polilical signs musl comply wilh Part III LDR, Chapter 2, Zoning, Seclion 4(E) Visual 31 Obslructions. 32 E. Bus shelter signs. Signs on city lransit stop shelters may be permitted when authorized 33 by written agreemenl approved by aclion of lhe Cily Commission pursuant to the provisions of 34 F.S. ~ 337.407(2). When so authorized, the following slandards shall apply: 35 1. Signs on city lransit stop shellers and associated structures and equipmenl, including 36 but not limiled 10 benches, bicycle racks, and trash receplacles, shall be permitted only al cily 37 lransit stops designated by lhe city, or other areas approved by lhe Cily. Placement of bus 38 shelters shall be subjecllo cily review so lhal no shelter shall be permitted 10 obstrucl a public S:\CA\Ordinances\LDR Changcs\sign code temporary signs 112006.doc Page 3 of6 I sidewalk or create a hazard or 10 olherwise be detrimental to the public safely. A permil for 2 each bus shelter shall be required, bul no permit fee shall be charged. 3 2. Bus shelters and associated slructures or equipmenl shall be designed to meet city 4 building code requiremenls, if any. 5 3. Any bus shelter or associaled slruclure or equipment located on a sidewalk within a 6 public right-of-way, shall be so located so as to leave at least thirty-six (36) inches clearance 7 for pedeslrians and persons in wheelchairs. Such clearance shall be measured in a direction 8 perpendicular to the centerline of lhe road. In addition, shelters and pads shall comply with the 9 Americans wilh Disabililies Acl hnplemenlation Manual, Accessibility Guidelines for JO Transportation Facilities; Part IV of the Federal Regisler, Transportation for Individuals with 11 Disabilities; F.S. Chapter 337; lhe Florida Administralive Code Rule Chapter 14-20; and any 12 city slandards or guidelines for placement and design. 13 4. Not more than one bus shelter or associaled structure or equipmenl displaying 14 signage or inlended for lhe display of signage shall be permitted al a cily transil stop. 15 5. Display space on bus shelters shall be limited in location and size to the side or rear 16 wind screen panels. 17 6. Should any bus shelter, associated structure or equipmenl or sign on an associated 18 structure or equipment, or bus sheller sign fail to conform 10 the above standards; or should a 19 residential property owner object 10 lhe presence of a bus shelter abutting his property, then lhe 20 city may order the sponsoring organizalion 10 remove such bus shelter and, lhat failing, may 21 remove same al the expense ofthe sponsoring organization. S:\CA \Ordinances\LDR Changes\sign code temporary signs 112006.doc Page 4 of6 Section 3. Conflicting Ordinances. 2 All prior ordinances or resolutions or parts lhereof in conflict hcrewilh are hereby repealed 3 to lhe exlenl of such conflict 4 Section 4. Severabilily. 5 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 6 unconstitutional by any court of competenl jurisdiction, then said holding shall in no way affect 7 the validity of lhe remaining portions ofthis Ordinance. 8 Section 5. Inclusion in Code. 9 It is the intenlion of lhe City Commission of the CITY OF BOYNTON BEACH, 10 Florida, that the provisions of this Ordinance shall become and be made a part of the CITY OF ]] BOYNTON BEACH Code of Ordinances; and thaI lhe sections of lhis ordinance may be 12 renumbered or relettered and lhe word "ordinance" may be changed 10 "section," "article," or 13 such other appropriale word or phrase in order 10 accomplish such intentions. 14 Section 6. Effeclive Date. 15 This Ordinance shall become effeclive immedialely upon passage. 16 17 [REMAINDER OF P AGE INTENTIONALLY LEFT BLANK] :\CA\Ordinances\LDR Changes\sign code temporary signs 112006.doc Page 5 01'6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 FIRST READING lhis _ day of ,2006. ,2006. SECOND, FINAL READING AND PASSAGE this _ day of ATTEST: City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CA \Ordinances\LDR Changes\sign code temporary signs 112006.doc Page 6 of6 t. , r XIII-UNFINISHED BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine. Dates in to City Clerk's Office Meetine. Dates in to City Clerk's Office IZl December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January] 6, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 March 19, 2007 (Noo~) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements IZl Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Al the request of a member of the City Commission, follow-up discussion of the CRA has been requested. EXPLANATION: At the Agenda Preview meeting of November 17,2006, a member of the Commission requested thaI the City Clerk place on the December 5, 2006 Commission Agenda, an open discussion item for lhe evaluation and review ofthe CRA board. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to allow discussion. Department Head's Signature ~ City Manager's Signature Assistant 10 City Manager ~ Department Name City Attorney I Finance S:\BULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Commissioner McCray Indicated he did not need a 30 year analysis or a comparison with other departments in the area. He did want a unanimous decision to show support for the Police Department. Commissioner Ensler reiterated he wanted financial analysis over a 30 year period and a comparison with other cities including the rate, employee contribution and maximums. Commissioner Ferguson wanted to know the cost of converting to 3V,% for all employees. Sergio casaine, 18 Meadows Park Lane, commented a revision period is needed to plug the unfunded liability into the equation. He contended there could be an affect on the individual pension benefit if the unfunded liability drags out. Federal rules and regulations dictate the guarantee of funding, Mr. Bressner held the City was not subject to the Federal regulations; however, State law requires all pension funds be actuarially sound. Commissioner Ferguson retracted his request for data on the impact of changing to 3112% for all employees. The item will be brought forward at the first meeting in June for action by the Commission. x. FUTURE AGENDA ITEMS: A. Increasing Community Investment Funds - May 16, 2006 B. Cellular 911 Dispatch - May 16, 2006 C. Possible consolidation of the Education Advisory Board and the Advisory Board on Children and Youth - May 16, 2006 D. Modification to Neighborhood Grants Program to Provide Funding for Permanent Installed Generators for Clubhouses - May 16, 2006 E. Utility Service Area Analysis - June 2006 F. Review of Recreation & Park Fees - June 2006 G, Stand-by Power Requirements - June 2006 H. Review and possible adjustment of the storm water fees - June 6,2006 I. Adopting a new Article III of Chapter 18 entitled "Municipal Police Officers' Retirement Trust Fund" In the Boynton Beach Code of Ordinances entitled "Pensions for Police Officers"(Proposed Ordinance No. 06-036) (Tabled to June 6;. 2006) J. Small/Minority Business Enterprise (S/MBE) Plan Proposal - July 2006 XI. NEW BUSINESS: A. Discussion of CRA. 19 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Commissioner Ferguson purported the Community Redevelopment Agency Board was to have been a buffer between the developers and the City Commission. Recent meetings revealed to Commissioner Ferguson that the board had lost its focus. He Proposed first, to dissolve the current CRA board; two, that the Commission sit as the eRA board; three, the current chair and vice chair be appointed to the new board for a six month period. Commissioner Ferguson contended this arrangement should continue until after election when the new Commission can decide the fate of the CRA board. Mayor Taylor felt changes have been made to resolve many of the Issues including election of a new chair and vice chair, plus new poliCies and procedures for the board. In his opinion, the board should be given the Opportunity to work through the projects and problems. Mayor Taylor OPposed abolishing the board. Vice Mayor McKoy OPposed dissolving the CRA board also. New leadership was addressing the concerns with a corrective action plan, policies relating to the conduct of the board members and other new poliCies and procedures. Commissioner Ensler supported the CRA board but was concerned about the lack of due process in judging the individual board members and the entire board. Commissioner McCray indicated he had met with the new chair, Henderson Tillman, and he feels the board is now on the right track to correct the concerns. He suggested the board be given six months to demonstrate its ability to deal with the concerns and problems. B. DiSCUSSion of Code Compliance Board. Commissioner McCray had received calls from the citizens in District II complaining about the Code Compliance Board. He asked legal Counsel to give a definition of both compliance and enforcement since the purpose of the board is to bring properties into compliance. Commissioner McCray felt serious issues were evident in the minutes from the previous Code Compliance Board meeting. He requested the item remain on future agendas until a complete review of the board minutes could be completed. Mayor Taylor agreed the goal of the board is to obtain compliance. He noted there are people who would resist follOwing the rules and allow the fines to become exorbitant and then request the fines be waived while the neighbors have endured months or years of noncompliance. Enforcement has to be an element and tool for the board to induce compliance. Mayor Taylor reported he had also received a complaint that the board was not functioning well; but, his review of the minutes did not reveal any votes that were not unanimous. Commissioner Ferguson suggested better communication between the Building Department and Code Compliance would alleviate many of the complaints. Mr. Bressner agreed and suggested a representative of the Building Department should attend the board meetings. Commissioner Ferguson also felt occupational licenses should not be renewed if large fines are pending, 20 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS ON FRIDAY, FEBRUARY 17, 2006 AT 10:00 A.M. Present: Jerry Taylor, Mayor carl McKoy, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Mack McCray, Commissioner Chief Bingham for City Manager Jim Cherof, City Attorney Judy Pyle, Deputy City Clerk Call to Order Mayor Taylor called the meeting to order at 9:59 A.M. I. OPENINGS: D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ensler announced he had invited Dr. Garcia from Interactive Television to be present because she is sending the letter to Governor Bush supporting the Education Network of Palm Beach County, to be selected as a Confucius Institute. Jeanne Heavilin, Chairman of the CRA was also invited due to her association with the Chinese Center. Commissioner Ensler indicated he also had an item for Additions, Deletions and Corrections (above) and detailed Proposed Ordinance No, 06-014 listed as item 12B should be heard before the Site Plan, Item VI .D.2. is heard. Commissioner Ensler requested the agreements that were made between the developer of the Church (St. Johns Armenian Church) and the residents of Leisureviile be included in the site plan; more specifically, a complete list of the agreements that were made between the parties, be given to the Commission members. There was discussion on whether this was allowable. Attorney Cherof will review the issue. Mike Rumpf, Director of Planning and Zoning was present and indicated the list included as back-up was complete. The items were taken from correspondence between the parties. It was noted the list was page 4, Exhibit C of the agenda item. Mayor Taylor also indicated he met with the Chairman of the Community Redevelopment Agency (CRA), Jeanne Heavilin, in reference to prior conversations of the Oty Commission relating to having a eRA representative at City Commission meetings. Ms. Heavilin is also conveying the message to the eRA members as well. 1 Minutes Agenda Preview Conference City Commission February 17, 2006 It was acknowledged the CRA is an independent board and operates independently of the City Commission. The Executive Director, Lisa Bright, reports to the CRA Board and not the Oty Commission. Mayor Taylor detailed the former CRA Director, Doug Hutchinson, used to meet with the City Commissioners individually, but that was not a reqUirement. To meet in that fashion takes time out of the CRA Directors schedule. Information that passes between these two entities should pass between the Chair of the City Commission and the Chair of the CRA. The City Commission cannot direct the CRA Director to attend. Mayor Taylor informed the Commission, the CRA Director already reports to seven other individuals. There was discussion among the Commissioners that a lot is happening in the Heart of Boynton, and meeting once a month with the Director would be helpful. Commissioner Ensler had been meeting with her for about one-half hour as part of a meeting with another staff member. There was consensus for Mayor Taylor to send a letter to the CRA Chair expressing the Commission's request that attendance at meetings is beneficial. Commissioner Ensler requested the City Commission give consideration to the future location of City Hall. This will be plaCed on the April 2006 Commission Agenda. Commissioner Ensler also discussed the Club House at Intracoastal Park. This facility has been in the City's plans for the last two years and the design has been changed significantly from the original plan that was agreed to with the community. At that time the plan design allowed for activities to hold up to 200 individuals by having expandable rooms. At present, half the building is being allocated for different uses such as art programs. This was discussed at the CRA meeting when they reviewed it. As a result, the room capacity upstairs is diminished and could only accommodate groups of 40 - 60. Commissioner Ensler questioned whether this would meet the needs of the community and if the City wants to have weddings and other types of functions there competing with other vendors. He recommended these are issues that should be addressed as the Capital Improvements Plan is being reviewed. III. ANNOUNCEMENTS, COMMUNITY .. SPECIAL EVENTS, .. PRESENTATIONS: A. Announcements: Chief Bingham announced the letter he distributed regarding the next Commission meeting on February 28, should begin at 7PM. There is a conflict with a CRA meeting immediately prior to the Commission meeting resulting in the time change from 6:30 pm to 7:00 p.m. Mayor Taylor requested the City look into the Extreme Makeover Little League Park. Mayor Taylor explained it was rumored the plasma TV installed In the pavilion area would be sold. Mayor Taylor requested the City investigate who has jurisdiction in this issue, and whether Little League has the right to sell the TV. Commissioner Ensler left the dais at 10:20 a.m. V. ADMINISTRATIVE: A. Appointment of Angelina Milano, Larry Goldgeier, Marvin Liebensohn, Jerry Jones, Wilbur Jean Sims, Bill Andrea, Marilyn Nemes, Rear Admiral Thomas E. Morris 2 Minutes Regular Commission Meeting Boyntvn Beach, Florida February 21, 200i6 Motion A f1l"tion was made by Commissioner Ferguson to approve the site plan with the modifications. Commissioner Ensler seconded the motion that passed unanimously. B. Ordinance - 1st Reading None C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: Commissioner McCray had requested a continuation of the discussion on the CRA Board of Directors and the Director. Mr. Robert Reardon, Director of Finance and Operations was present. Commissioner McCray requested the budget amount the Commission voted on for the Community Relations Agency (CRA). Mr. Reardon responded he has only been with the CRA since July and assumed it was the $3 million taxable loan, which was the coverage for the bond Issue. The second bond issue bill was for $18 million and the third was $11.2 million totaling about $30 million. Commissioner McCray asked Attorney Cherof for the procedure to replace the current independent CRA Board if the Commission desired. Attorney Cherof explained the process. If the Commssion were abolished, the CRA would report to the Commission. Attorney Cherof explained the Commission would have the choice of control returning to the Commission or the Commission plus two additional members. Commissioner McCray recognized the CRA operates as an independent board within the CRA. He explained the Commission directed Mayor Taylor to send a letter to the Chair of the CRA board, Ms. Heavilin, since the CRA does not report to the Commission. The Commission appoints the Chair and the Vice Chair of the Board. The prior discussion involved the Executive Director reported to her seven member board and could not answer to another five member board. The Commission could not direct the CRA Director to report to the Commission. The Mayor was to write a letter to the Chair indicating the Commission would like to see a representative of the CRA present at the pre-agenda meetings to answer questions that may arise. It would be up to the CRA board to determine who that representative would be. The letter has not been written yet. 21 Minutes Regular Commission Meeting Boynton Beach, Florida February 21,20056 Commissioner McCray indicated he would like to keep their monthly meetings with Ms. Bright to stay abreast of matters. He inquired if that was to be included in the letter. Mr. Bressner indicated the monthly meetings would be beneficial and they could be scheduled in conjunction with his weekly meetings. Commissioner McCray confirmed he voted for the $30 million budget and obligated the City of Boynton Beach. He expressed he did not want to wait until they go broke before they are notified. He emphasized they need to know what is going on in their districts and through out the City. He stressed he needs to keep the monthly meetings with Ms. Bright or someone who could tell him about finances and what is occurring within the City of Boynton Beach as Commissioner of District II. Mayor Taylor will make Commissioner McCray's wishes known. Mr. Reardon requested clarification that in the absence of Ms. Bright another individual would be able to fill in. Ms. Heavilin elaborated with the time constraints on the Commissioners and the CRA staff, they thought a protocol should be developed and communication be streamlined, thereby eliminating some meeting time. She recognized the need to work with the Commission and would continue to do that. XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 8:48pm. Mr. Bressner reminded the Commission of the Affordable Housing Workshop being held February 22, 2006. ATTEST: ~ t Yn. PtJ /1;~ :J-n --. City Clerk . r: r d.tw, In l/i ~ ~ 10 Ai ,- 81u.ilUtn1Jl( . C:. Recording Secretary 1 Commissioner (22806) ~~ 22 Meeting Minutes Regular City Commission Boynton Beach, FL May 16, 2006 "Pensions for Police Officers" (Proposed Ordinance No. 06-036) (Tabled to June 6, 2006) F. Small/Minority Business Enterprise (S/MBE) Plan Proposal - July 2006 XI. NEW BUSINESS: 1. CRA Board Discussion Commissioner McCray noted the CRA had constantly been in the newspapers lately, making the City look bad. The CRA was organized to operate at the discretion of the City Commission, who made the ultimate decisions. He was happy to read the CRA had instituted rules and regulations, but then he read something that sounded like they did not have the basic discipline policy covered. The CRA was dealing with millions of dollars and the City Commission and the CRA were jointly accountable for that money. He wanted to know where the CRA was trying to go. Herb Suss, resident of Boynton Beach, declared West Palm Beach and Boca Raton had gotten rid of their CRA boards and he believed Boynton Beach should disband its CRA board. He favored giving their task to the Planning & Development Board. He was disturbed by his impressions of the CRA meeting the previous week where he witnessed confusion, nitpicking, indecision, and infighting. He was very displeased with a remark made by a board member that he did not trust the Self Assembly Group. He felt Will Vash of the Palm Beach Post had done a fine job of reporting on the issue. He was concerned about hearing of violations of the Sunshine Law on the part of some CRA members, a serious matter. He believed the Commission members should attend the CRA meetings because the Heart of Boynton project was at a critical phase and the people should be heard from again. Mr. Suss wanted affordable housing to be done in the Heart of Boynton area, but not by self-interest groups. He advocated going out on RFP and not simply opting for the Intown Development Group. He also wanted the City to investigate the Liberti/lntown Development Group connection addressed earlier. Mayor Taylor commented that connection was already being examined. Henderson Tillman, 54 Bentwater Circle, Boynton Beach, Chairman of the CRA board, preferred to avoid a discussion of the board's actions based on newspaper stories and to talk explicitly about the actions and procedures of the CRA. In his first meeting as Board Chairman, he asked for an inquiry about what was going on in the CRA, especially in regard to staff's actions and comments and their relationship with the board members. To that end, an inquiry was conducted and the results of the Inquiry were presented at the May 9 meeting. The inquiry also included information about from staff and board members regarding actions that took place on a daily basis. That report was geared towards bringing all the issues out into the public, making sure they had all been addressed, and bringing an end to discussion about the functioning of the CRA. They initiated an interlocal agreement with the City and made sure the issue of how the board dealt with employees was addressed. An incident occurred between himself and the Executive Director. They were talking about putting in evaluation and performance standards and he felt it was important to put the board governance policies in place first. His comments had nothing to do with hiring and firing. The Executive Director felt differently. As board Chairman, he accepted the responsibility for the misunderstanding and apologized to the Executive Director for the breakdown in communication. 20 Meeting Minutes Regular City Commission Boynton Beach, FL May 16, 2006 Mr. Tillman expressed the belief the CRA was a major part of the Oty of Boynton Beach. It was put together to eliminate political infighting and that had occurred. That had occurred because the rules of governance were not in place from the beginning. What happened was they went "in the ground" first. He felt the CRA was a viable board that had a duty and a responsibility. They were not going to placate and respond to issues every time something popped up in the press. Things were being cleared up. He thought he was acting professionally. The press responded to the report as presented and yes, things needed to be straightened up and they were. The board had done major, effective development in the City and produced a major Tax Increment Fund that continued to increase. That is what it was put in place to do and what it had been doing. The other issues aside, the CRA stood committed to doing whatever was necessary for the board to continue to act in a responsible manner and move forward in terms of the Heart of Boynton and the rest of the areas in the CRA. Gertrude Sullivan, President of the Boynton Terrace Association, thought the Commission gave the CRA six months to "get its act together." Why did they want to abolish it now? She felt they should be seeing something going on in the Heart of Boynton, but did not see anything. What was really the problem? This CRA seemed to be holding the bag for what the previous CRA did not do. She thought they should be given a chance so they could get on the right track and get Phase I started. Mayor Taylor responded he recalled six months being mentioned, but there really was no set time. They said they would give them some time to get organizational paperwork in place. Elizabeth Jenkins, 711 N.W. 1st Street, Boynton Beach, stated she was afraid she would not have a place to stay. They were trying to get benefits in the Heart of Boynton Beach. They were poor people. How could she buy a home for $280K? Where was the City going to move her if she had to move from where she was? Her home was already paid for. How could she pay for another home? The CRA was for the developers and it seemed like the Oty was backing them up. What was wrong with affordable housing? She asked the City not to let people run them out of their houses. They were in favor of development, but not of putting people off their land and giving it to developers. Commissioner McCray stated the main reason he asked for a discussion on this item was to ask how much the study cost. Lisa Bright, Executive Director of the CRA, stated the summary report of the organizational findings cost $7,300 paid to Dr. Lindsey Willis of L. J. Craig & Assodates. Commissioner McCray mentioned he received a letter from a member of the CRA staff who had been let go. He was not in favor of disbanding the CRA board, especially after hearing Mr. Tillman's remarks. It took a strong man to admit a mistake. He thought $7,300 was well spent to solve the problem. He was tired of reading about it in the newspaper. He brought it up because he wanted the public to know the Commission was behind the CRA, providing they were on the same page. They were aware of the eminent domain issue and the bill the Governor signed into law and the CRA would have to look at other options to see what could be done in the Heart of Boynton. Commissioner Ensler indicated the Commission was responsible to see there was due process. Newspaper articles were written and people judged people and organizations based on what they read. He felt it was wrong for this board or the audience to judge people until due process had been applied. People should be given an opportunity to defend themselves when accused 21 Meeting Minutes Regular City Commission Boynton Beach, FL May 16, 2006 of being guilty. It was the basis of this country's legal system and the basis of everything thought to be right in this country. A person was innocent until proven guilty. Mayor Taylor acknowledged the CRA had some difficulties in the past and he was pleased when they came up with new policies and procedures. There were obviously some disagreements on how the board reacted to staff and these concerns were aired publicly. He commended them for sitting in public and discussing their problems with each other openly. He thought this would strengthen them if they took it to heart and did the things they agreed to do from now on. He felt they were making strides and he was pleased to see that. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING Attorney Cherof suggested the development ordinances be read at one time, followed by separate motions. A public hearing had already been conducted at previous meetings. This was agreeable to the Commission. Seacrest Low Density Residential (LUAR 06-014) 1. proposed Ordinance No. 06-038 Re: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LOR). 2. Proposed Ordinance No. 06-039 Re: Request to rezone from C- 2 Neighborhood COmmercial to R-1 Single-Family Residential. Seacrest Low Density Residential (LUAR 06-015) 3. Proposed Ordinance No. 06-040 Re: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR). 4. proposed Ordinance No. 06-041 Re: Request to rezone from C- 2 Neighborhood COmmercial to R-3 Multi-Family Residential. Attorney Cherof read Proposed Ordinance No. 06-038 by title only. Attorney Cherof read Proposed Ordinance No. 06-039 by title only. Attorney Cherof read proposed Ordinance No. 06-040 by title only. Attorney Cherof read Proposed Ordinance No.06-041 by title only. It was determined a report from staff would not be required. Mayor Taylor opened the issue for public comment. No one came forward. Motion Commissioner Ferguson moved to approve Proposed Ordinance 06-038. Vice Mayor McKoy seconded the motion. Commissioner Ensler confirmed the site plan would come forward at the time of development. 22 Meeting Minutes Regular City Commission Boynton Beach, Fl May 2, 2006 XIII. UNFINISHED BUSINESS: None (This item taken out of sequence based on prior motion.) C. Discussion on impact of the redevelopment of the Heart of Boynton based on the anticipated change in the eminent domain legislation. Mr. Bressner reported the latest legislative developments changing the start date for the new legislation that would end the use of eminent domain for the elimination of slum and blight. The first amendment has an effective date of the time the Governor signs the bill and only petitions for condemnation filed in the Courts could go forward. Mr. Bressner indicated the item could be amended to reinsert a date with a two thirds vote of the Chamber to be considered on a straight majority vote. The item could get referred back to a committee. Mr. Bressner explained the first step in any eminent domain proceeding would be for the Commission to adopt a Resolution of Necessity declaring there is a public purpose to be served for the acquisition of the property. An official offer from the Oty to the seller must be sent, followed by a waiting period of 30 days. The City could then file in Circuit Court for eminent domain. Meanwhile the negotiations can be ongoing. Phase I is complete except for the six self-assembly parcels and the filing in Court has already been done according to Mr. Bressner. The Resolution of Necessity for the six remaining parcels has not been submitted to the Commission. The CRA will be considering the Resolution of Necessity on May 9th for those six parcels and on to the Commission on May 16th. Usa Bright, CRA Executive Director, maintained there were only four properties as OPposed to six in the self-assembly group. Caroline Young, 1S112 Tall Oak Avenue, Delray Beach, spoke regarding the self assembly group who has been working with the CRA staff. letters of Intent (lOI) have been signed acknowledging their willingness to assist in the development of Phase I of the Heart of Boynton Beach. Her understanding was that a private/pUblic partnership would be formed with the self assembly group as the developers. Ms. Young did not see how the four properties could be considered as part of eminent domain since she was willing to assist with the development. The self-assembly group had been working in good faith, but with the request for RFP going out, she was not sure of the status of the project. Ms. Bright referred to the CRA minutes of the February 14th meeting and a motion made authorizing staff to enter into an agreement with the self-assembly group after they had a feasibility study completed in 90 days. When the item was brought before the Oty Commission, all the Letters of Intent had not been received and the item was tabled. Ms. Bright recalled that as far back as December of 2005, it was understood parallel programs would be undertaken. She stressed that the legislation was pushing the parcels into eminent domain as a partnership agreement which was not in place. 25 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Commissioner McCray questioned why the progress of the self-assembly group had been halted. Ms. Bright related Mr. Flnklestein's car accident stalled the partnership agreement preparation. She could not bring the matter before the Commission without all the Letters of Intent. Mr. Bressner added the documents had been prepared; however, without all the signed letters the item had to be pulled from the agenda. Ms. Bright contended if a master developer is not in place, then the RFP becomes necessary to meet the deadlines of the new legislation. Negotiations would still be ongoing. Ms. Young advised the self-assembly group was committed and waiting on the CRA staff to prepare a development agreement she had seen. Ms. Young questioned if there was any other developer favored for the project or if there is no intent to complete the Phase I development in the Heart of Boynton Beach, Mayor Taylor assured Ms. Young no developer had been brought to the Commission for approval. Ms. Bright distributed the meeting minutes of the CRA board and explained the CRA had spent $50,000 for a feasibility study which will be presented on May 9th to the CRA board from the Treasure Coast Regional Planning Council. Bonnie Miskel, on behalf of Intown Development Group, contended the Legislature has created a significant problem for all the CRA's across the State. She agreed with the description provided on Phase I and Phase II as did Ms. Bright. She detailed the boundaries of both phases totaling approximately 30 acres, explaining Phase II Is the larger of the two areas. Ms. Miskel introduced the Intown Development Group and their financial partner and gave a brief overview of their experience and business dealings. Their proposal included between 800 to 900 dwelling units and 2,000 square feet of retail, a public parking component and infrastructure improvements. She cautioned, due to the current legislation, immediate action is needed or it will be a lost opportunity for the City to redevelop blight. Commissioner McCray asked for an update on the Episcopal Church. Ms, Miskel replied relocation assistance was being discussed or a poSSible land swap. Commissioner McCray alleged no contact with the church had been made. Ms. Miskel assured him assistance would be provided. Tom Balf, on behalf of Intown Development Group, stressed some direction was needed by the Commission so Intown could begin to obtain surveys and appraisals within a short period of time. Although Intown had spoken with surveyors and appraisers, they did not want to front the expense without direction they could move forward putting the project together, Ms. Miskel introduced Dr. Ray Liberti and summarized his qualifications. Dr. Liberti indicated Boynton Beach is in a growth stage and has an opportunity to expand that growth further, but the door of opportunity is being slammed shut by the Legislature. He outlined various demographics he used to project the future housing needs of the City. He alleged younger couples would be attracted to the City because it is viewed as a progressive area for professionals. 26 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Dr. liberti felt the proposed development plan was rare in that it consisted of one 35 acre tract of land east of 1-95. The streetscapes are unique and It has many pocket parks with profound landscaping. It Includes single family areas, senior housing units, housing diversity for all types of price points, an Ingenious lighting system, pedestrian paths and much more. The contained impact of the design is important with an excellent architectural commitment that the City can be proud of. The 2,000 square feet of commercial would provide 300 jobs in the community. By increasing the tax base with the project, it would add a $2.8M to $3.4M windfall for the City and CRA. Ms. Mlskel summarized the presentation and asked the Commission to continue with the current plan of Phase 1 acquisition and authorize staff to enter into negotiations wIth Intown Development for a pOSSible development contract for Phase 1 and Phase II. She stressed the CRA did not have the funding or finances to develop Phase II. She questioned if completion of Phase I would effectuate sufficient change to make all the other changes planned possible. Ms. Mlskel contended Intown was the only developer to come forward and able to complete the project. Mayor Taylor summarized that the CRA needed to move forward on Phase I with the two parallel efforts. There is no money available to develop Phase II. 1he proposal was to let the CRA continue with Phase I and the City work with Intown on the Phase II portion. Commissioner McCray was not in favor of moving forward on Phase II hastily and would not support the proposal of Intown. Mayor Taylor wanted it clearly understood that if the Commission did not act quickly and move forward with Phase II, nothing more would be developed in the area since the CRA had no available funding to continue the Heart of Boynton project, Commissioner McCray suggested another developer may come forward with a better plan. Commissioner Ensler inquired of the City Attorney if the City could legally take on the responsibility of Phase II without the CRA involvement. Attorney Cherof replied in the affirmative in concept. Formal actions to accomplish that would be necessary to get to that point. Commissioner Ensler further commented land is needed for any development. Along Federal Highway private developers bought the land and redeveloped the land in conjunction with the CRA. The Heart of Boynton has no large tracts of land for private development. The only solution was for the CRA and City to work together to find a large enough tract of land to make a significant impact for the Oty whether the developer is or is not Intown. He stressed only one developer has come forward to take a risk and develop the land in the Heart of Boynton. Joseph Gray, 7218 NOlWich Lane, a planner, who helped develop the Heart of Boynton Plan, explained he had worked for almost two years with the residents of the area to come up with a plan to revitalize the Heart of Boynton area. Mr. Gray indicated promises were made to the residents that it would be revitalized in total, not in phases. He felt every step should be taken to keep the promise to the citizens and create the critical mass necessary to Impact the entire community. 27 Meeting Minutes Regular City COmmission Boynton Beach, FL May 2, 2006 COmmissioner McCray inquired if Mr. Gray, who worked for the CRA in Delray, was being paid by the Intown Group and Mr. Gray denied he was on the staff for Intown Development Group. Gertrude Sullivan, 201 HE 6th Avenue, indicated she did not like the Intown Group in the beginning, but the CRA dropped the people of the area. She was not pleased that the Heart of Boynton Project was moved to the end of the agenda. Mayor Taylor assured Ms, Sullivan that was not the intent of the COmmission. Ms. Sullivan questioned what had happened with the CRA and why they could not continue with the project. If the CRA could find private developers for other projects, she asked why they could not do the same for the Heart of Boynton. Mayor Taylor reminded Ms. Sullivan there were residents in the Heart of Boynton that did not want any redevelopment. Ms. Sullivan voiced her frustration with the decline in the Heart of Boynton because nothing was getting done. She asked the Commission be fair to the residents in the Heart of Boynton who also pay taxes. Quintus Greene, Director of Development, recited his 30 years of experience and qualifications in the field of public and private redevelopment. He recalled the objective of the Heart of Boynton was to save the community with the same character that has developed over many, many years. Mr. Greene expressed his opinion that the Intown proposition was an attempt to force a master developer agreement without utilizing the competitive process in place within the City. Mr. Greene alleged the concept was for Phase I to be a catalyst for private development in Phase II. Mr. Greene opined the proposal was not in the best interest of the community or what the residents had envisioned. Phase I has not been delivered and the people deserve much more than they have received to date. Vice Mayor McKoy asked what Mr. Greene would propose in light of the fact time is running out. Mr. Greene proposed Phase I should be completed correctly and the private sector develop any subsequent phases by competitive proposals. He indicated Phase I is not a difficult project; it just needs to be a reality. Commissioner Ensler pointed out there is no disagreement to move forward with completing Phase I. He asked Mr. Greene what the CRA should be doing beyond Phase I to accomplish redevelopment in the Heart of Boynton. Mr. Greene purported downtown revitalization is a means to generate the increment used in the Heart of Boynton to end slum and blight. Mayor Taylor was not sure Phase I was going to be a reality at this stage and was very disappointed. Any efforts to date have been road blocked with disagreements. Mayor Taylor stressed only one group has presented a plan to the COmmission. Mr. Greene explained the CRA was going out with a request for proposals to solidt various developers and plans. In his view, the Intown Group was attempting to bypass the process and be named the master developer for the entire project. In response to a question by Commissioner Ensler, Mr. Balf explained a developer was not required to be in place to condemn property. However,. to fund the project a developer needs to be in place. The Intown Group was willing to move forward, but needs a development agreement with the City to recoup their expenses and proceed. Commissioner Ensler then questioned Ms. Bright if the CRA had the resources and funds to complete Phase I. Ms. Bright confirmed all the available monies would be consumed in Phase 1. 28 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Wilfred Hawkins, Assistant City Manager, reviewed his qualifications and indicated he had worked with Mr. Gray on developing the Heart of Boynton plan. It was agreed that the legislation, if enacted quickly, would affect Phase I only with regard to the four properties in the self-assembly group depending on the July 1st breakpoint. Mr. Bressner reiterated negotiations could continue with the self-assembly group, pending the eminent domain taking of the properties. Mr. Hawkins opined if the request for an agreement mandates the City to deal exclusively with the Intown Group through the entire project, that should be dealt with cautiously. Ms. Miskel acknowledged all the terms and specifications of the contract are not available; however, Intown Group needed a commitment from the City to work with Intown in good faith and Intown Group will do the same. Octavia Sherrod, Community Development Manager, spoke as an advocate for the people in the Heart of Boynton community. She contended the request for proposals would allow certain advantages from other developers to address the needs of the citizens. The education and income levels for that community are not as indicated by Dr. Uberti, but much lower. Many stakeholders were not aware of this item on the agenda, according to Ms. Sherrod, which is not fair to the Heart of Boynton residents. Mr. Hawkins and Mr. Bressner continued to explain the impact of the available options in light of the legislative changes enacted. Mr. Miskel felt an agreement would be required to cover the significant expenses and monies needed to acquire the additional parcels. She asserted the intent was to get authorization for staff to commence negotiations with Intown to move forward. Ms. Miskel reiterated the Intent was to provide jobs and fix existing problems within the CRA area. Because of the significant time and monies expended to date, Ms. Miskel was requesting Intown be designated as the master developer for Phase I and Phase II. Commissioner Ensler was concerned about entering into a contract with Intown for a project that has very little chance of success if the opportunity to accomplish it vanishes with the new legislation. The risk would be very large. Ms. Miskel indicated her client understood the risk and believed if a July 1 date is set it, can be met. The Intown Group needed some commitment from the Commission to negotiate in good faith consistent with the Heart of Boynton Plan. Ms. Miskel contended input from the community was inappropriate because the request was only to authorize negotiations. The development and master plan is not at issue presently. Vice Mayor McKoy asked if negotiations stalled, what would happen? Ms. Miskel contended heavy negotiations would be required and she felt confident an agreement could be reached before significant monies are expended. Mr. Hawkins expressed concern with the term master developer and cautioned against authorizing such a designation. Mayor Taylor concluded, based on what was being stated, that a contract or development order will not be forthcoming. He did not feel there was any intent to negotiate a contract. Commissioner Ensler indicated he was willing to convene a special meeting on Friday to allow Intown and staff to negotiate a proposed agreement before monies were expended. 29 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Commissioner McCray was not in favor of rushing the project through was not pleased there was not more notice to the citizens on a project that would be taking over the entire area. Elizabeth Jenkins 711 NW 1st Street, did not feel the CRA has been working for the best interest of the citizens of the area because nothing has happened and the dtlzens have not had input into the project. She contended if there was not going to be redevelopment as promised, then something needed to be done to help the people to help themselves. The people deserved answers and respect. Herb Suss, Wood Fern Drive, supported going forward with Phase I, but did not believe Intown should be designated as the only developer as they did not own the land and the project should not be rushed. At midnight, Mayor Taylor recessed the meeting to accommodate the recording system changeover to next date. Mayor Taylor reconvened the meeting at 12:03 a.m. on May 3"', 2006. Commissioner Ferguson commented the eminent domain legislation had pushed the Commission into a decision and since nothing has gone on in the Heart of Boynton for four years, he would agree to move on both Phase I and Phase II, Ms. Miskel supported Commissioner Ensler's suggestion to convene an emergency meeting on Friday after serious negotiations on the contract. She emphasized if the project had gone to bid in February, Intown would have been in the process and a contract would not have been necessary at this time. If an agreement could not be reached, she predicted the chance of Phase II being developed privately would be nonexistent. Commissioner McCray reiterated Phase I needs to be completed first. Intown had not met with the people in the area, especially the churches, and Commissioner McCray would not vote to force Intown's plans on the residents, Commissioner Ensler requested an announcement be posted throughout the Heart of Boynton if a meeting is scheduled for Friday. Commissioner McCray felt that could not be achieved. Attorney Cherof did not understand what was expected to be accomplished by a delay until Friday. He contended the deVeloper could submit their demands for the Commission's review before a decision is made. Mayor Taylor felt Phase I should continue with the CRA and not be included in an agreement with Intown. Samantha Simons, President of Intown Development Group, indicated they had been involved and in the community for over four years working diligently to be a stakeholder in the community. She requested the opportunity to negotiate an agreement with the Oty Attorney and City Manager. 30 ~r )- XIII-UNFINISHED BUSINESS 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 Meetine: Dates in to Citv Clerk's Office Meetin2 Dates - ,i_~ to City Clerk's Office " r8l December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 200~oon) 0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements r8l Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Follow up discussion on the Ocean 95 Exchange project. EXPLANATION: On Monday, November 20, 2006, a meeting was held in the Commission Chambers to discuss the Ocean 95 Exchange industrial project. Approximately 65-80 residents were in attendance, along with City staff and the developer of the project. In summary, four issues emerged from the meeting that will require consideration: I. A new north access option emerged. This involves using the FOOT right of way on the north side of the 1-95/Boynton Beach Blvd. Bridge (next to the Stor-AlI) and using an opening under the bridge either to 6th Street or directly to the site along the CSX right of way. This option requires the purchase of property. 2. A second option is related to this but the north access would be limited to either one-way in-bound or out-bound. This would allow the access road to be smaller. This would also require the purchase of property. 3. For the Ocean Drive route, a suggestion was made to route traffic SOUTH on 8th Street to Woolbright instead of north to Boynton Beach Blvd. The pavement is better and wider south toward Woolbright. 4. The City purchases the Ocean. 95 Exchange site. Please note that the zoning for the subject development is in place and the proposed use conforms to City Code. The City may as part of site plan approval, require the developer to construct off-site improvements that mitigate traffic impacts. Dependent on the option, City cost-sharing may be required. PROGRAM IMPACT: N/A FISCAL IMPACT: Undetermined at this time. Department Head's Signature ~ City Manager's Signature Assistant to City Manager r ~ ALTERNATIVES: Discussion only. Department Name S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance City of Boynton Beach Staff Traffic Analysis Ocean 95 Exchange Park November 2006 The City of Boynton Beach Engineering Staff has evaluated the traffic impact study for the proposed Ocean 95 Exchange Park. The traffic impact study was prepared by Kimley- Horn and Assl?ciates and is dated August 2006. \, This project if, approved, will be located at the easterly end of Ocean Drive, just across the CSX Railroad. The existing property presently supports an 18,000 square foot warehouse use. These buildings will be demolished and replaced with 103,885 square feet oflight industrial warehouse use and 29,462 square feet of general office as support for the light industrial. The existing and proposed traffic volumes from the site were calculated by assigning trip generation rates published by both the Palm Beach County Traffic Division and the Institute of Transportation Engineers. The sources are deemed to be the standards by which all traffic impact from private development in Palm Beach County, including our City is projected, These rates yield the following data: Existing Site Traffic: Proposed Site Traffic: Net New Trips 94 trips per day 1,183 trips per day 1,089 trips per day Approximately 60% ofthe new trips will be associated with the warehouse space. Therefore, one can assume that a significant percentage of these vehicles will be box truck type units. The develop~ does not believe that there will be, nor does the building and loading dock design account for, a measurable amount of semi-tractor trailers accessing the site. Staff recognizes though that there will likely be some semi-tractor trailers accessing the site and this vehicle type must be considered when evaluating off site roadway improvements. Traffic Analysis - Local City staff analysis, review and approval very clearly requires that all projects satisfY the requirements of the regional traffic performance standards of Palm Beach County. However, staff also recognizes that there is impact to our local Boynton Beach streets by many developments. This is certainly a project that will impact local Boynton Beach streets therefore additional levels of scrutiny have been given to this project than would normally be the case. The proposed Ocean 95 Exchange Park is, unfortunately, landlocked just east of the CSX Railroad on Ocean Drive and on the west side of Interstate 95. Therefore, all access to the site must be from west ofI- 95 and crossing the CSX Railroad. There are only two options for this access, . Staff s first preference was for the developer to consider access to the site from the south in order to avoid placing additional traffic volume on the residential roadways west of the proposed project. The developer has the right to use all public roads west of the parcel because these are public rights of way. Despite this, the developer, at the request of City staff, explored the possibility of accessing the property from the south. The developer does not own this property. Rather it is owned by two entities, the CSX Railroad Page 1 of3 ~ and Bill Winchester. Therefore, in order to have access from the south, the developer must have gained approval by both Mr. Winchester and the CSX Railroad. The properties to the south were the subject of a recent lawsuit involving the taking/acquisition of property for the purpose ofre-aligning and double tracking the CSX rail line. Therefore, the property is now physically configured such that construction of an access road through the property is extremely difficult even if Mr. Winchester and the CSX were willing sellers. To compound-this prQblem, any access road across the CSX from near Home Expo would involve construction of an unusual rail kade crossing,. This crossing would have to be at an angle of incidence lower that 90 degrees, thereby causing unslife crossings of the rail tracks. Staff has been informed that the CSX would not approve an additionafrail crossing near the Home Expo. Staff understands and supports the technical rationale not to allow this crossing. It simply would not be safe. Because access from the south to the proposed site is not viable, staff analysis has focused on those residential streets just west of the proposed development. When reviewing this type of project, staff considers the impact on local streets and determines what types of improvements must be made by the developer prior to issuance of building permits. Staff believes it appropriate to select a defined route for all site traffic, including trucks, so that necessary improvements can be made on that route. All site traffic would be restricted from using residential streets other than the selected route and no other physical improvements would be made on those streets, At the time ofproject review by the Planning and Development Board and the City COmmission, no defined route had been selected. Staff had, however, recommended that Ocean Drive be favorably considered as the selected route simply because the right of way of this street was 70 feet wide. All other local streets have a 50 feet wide right of way. The extra right of way width affords the opportunity to place pedestrian sideWalks farther from the pavement and allows more room to enlarge pavement radii so that property turf damage can be minimized. However, any route can be selected but we must recognize that off site improvements lay not be as effective or beneficial. When considering the final design of off street improvements, City staffwill consider the following impacts and associated design solutions: 1. Traffic Volume versus road capacity. All streets west of the development, despite their residential character, are capable of accommodating the additional traffic volume. No lane additions or turn lanes would be required. 2. Integrity and capability of an existing street to accommodate additional wheel loadings. The existing streets were designed primarily for automobile traffic, Staff believes that the developer should be required to place an asphalt overlay on the selected traffic route in order to accommodate the additional structural wheel loadings. 3. Geometric (physical design) improvements necessary to support the new traffic. The design of the selected route will consider all intersections improvements necessary to accommodate turning trucks so that turf damage is minimized and pedestrian safety is preserved. Page 2 00 4. Safety impacts Sidewalks should be located on both sides of the selected traffic route to separate pedestrians from the additional traffic volume. If Ocean Drive is selected as the preferred route, the developer will be required to re-design and re-construct the intersection of Ocean Drive and SW 7th Street. Lastly, improvements such as fencing adjacent to Hibiscus Park must be considered to improve the safety of young children using the park. Traffic Analysis - Regional All development in Palm Beach County must meet traffic standards as set forth in Palm Beach County's Traffic Performance Standards. These standards are utilized to determine all off site improvements necessary on surrounding arterial roadways to support any proposed development. As a matter of practice, existing arterial roadway volume/capacity is measured against the proposed additional traffic that will be generated by the development. If certain capacity thresholds are exceeded, then the private development must cause off site improvements to be constructed to support the development. Essentially, private development is required to fund necessary capacity improvements such as lane additions, turn lanes, and traffic signals to support the development so that the general taxpayer is not saddled with this expense. In the case of Ocean 95 Exchange Park, the proposed traffic is"relatively low compared to other area developments. However, based upon the County Traffic Performance Standards, the significance factor on the roadway link of Boynton Beach Boulevard and 1-95 was exceeded because greater than I % of the Level of Service D (Attachment 2) service volume on this link was measured. The anticipated significance was 1.45%, Therefore, further evaluation of this roadway link and. intersections was required. Subsequent study determined that the intersections of Old Boynton Road and Boynton Beach Boulevard and Industrial Drive with Boynton Beach Boulevard would both function below the capacity threshold of 1,400 vehicles per peak hour through 2009. The roadway link was also found to be satisfactory during this period as well. Therefore, the project was found to satisfy the requirements of the Palm Beach County Traffic Performance Standards. Summary It is very uncommon to find an industrial site such as the one proposed that must be accessed entirely through a residential area. However, based upon the pre-existing zouing, this is the reality that the City is confronted with. Therefore, if this development proceeds, it is incumbent upon City Staff, the developer, and hislher technical consultants to design and l;onstruct all off site improvements in a manner that will have the least negative impact on the public that is attributed to the additional traffic generated by this proposed use of the property. Attachment 1: Description of LOS D by the Florida Dept. of Transportation. This is the volume reached just prior to exceeding roadway capacity. _ ,Attachment 2: Projected Traffic Volumes from KimZey-Horn Traffic Study Submitted by: Jeffrey R. Livergood, P.E., Director of Public Works and Engineering Page 3 of3 r, ,..,-... ,... y TABLE 1 OCEAN 95 EXCHANGE PARK TRIP GENERATION Land Use Inlenslty PaRy AM Peek Hour PM Peek Hour Trios Total In Out Total In Out Exlstlno SftA Tr8ffle - - ~ Warehouse 18,000 S.F. 89 25 21 4 17 13 PIUUt-By Warehouse 5.00% 4 1 1 0 1 0 1 Net Exfstlng Externel Trips 85 24 20 4 16 4 12 Net Existing External TrIps wllh 94 26 22 4 16 4 13 110% Redevelopment Credit Pmftft..... GIta Tl'RffIe Ught Industrfal 103,885 S.F. -724 96 94 12 102 12 90 GenefllI 0RIce 29,462 S.F. 521 71 52 9 76 13 63 Sub Total 1,245 167 146 21 176 25 153 - Ught Industrial 5.00% 36 5 4 1 5 1 4 General 0RIce 5.00% 26 3 3 0 4 1 3 Sub Total 62 8 7 1 9 2 7 Orlveway Vo/woes 1,245 159 143 16 178 25 153 Net Proposed External Trips 1163 151 136 15 169 23 146 Ne1 Change In External Trips 1,069 125 114 11 151 19 133 Note: Trfp _lion was calculated uslnlllhe IoIIowing data: DaIty TraffIc GenentIon Ught 1ndus1rial (p.B.C.) = T = 6.971rfps/looo SF GenefllI 0RIce IP.S.C.) = T=eG.77.11l(XhS.. AM "-k Hour TraffIc GonenlIfon Ught 1ndus1rial [ITE 1501 = T = O.92lrfpe/1ooo SF; (86% In, 12% DUl) General 0RIce rITE 710] = T ""....._.1.0.: (86% In, 12% out) PM Peek Hour TreIIJc Generation Ught Indusblal lITE 150) = T = 0.98 ~looo SF; (12% In, 86% out) GenefllI 0RIce [lTE710] = T ..an- .,.; (17% In, ~ out) p:to449t~VlIr3mPropossd M1J2006 16:46 r" "-'_....~(-,,.,,.; ....... TABLE 4 - 1 GENERALIZED ANNUAL AVERAGE DAILY VOLUMES FOR flORIDA'S URBANIZED AREAS. UNINTERRUPTED FLOW HIGHWAYS Level of Service Lanes Divided ABC D 2 Undivided 2,000 7,000 13,800 19,600 4 Divided 20,400 33,000 47,800 61,800 6 Divided 30 500 49 500 71 600 92 700 STATE TWO-WAY ARTERIALS Class I (>0.00 to 1.99 signalized intersections per mile) Level of Service C D 13,800 16,400 34,700 35,700 52,100 53,500 66,100 67,800 Lanes Divided 2 Undivided 4 Divided 6 Divided 8 Divided B 4,200 29,300 44,700 58,000 A .. 4,800 7,300 9,400 Class II (2.00 to 4.50 signalized intersections per mile) Level of Service C D 11,200 15,400 26,000 32,700 40,300 49,200 53,300 63,800 Lanes Divided 2 Undivided 4 Divided 6 Divided 8 Divided B 1,900 4,100 6,500 8,500 A .. .. .. .. Class III (more than 4.5 signalized intel'5ections per mile and not within primary city central business disnict of an urbanized area over 750,000) FREEWAYS Interchange spacing 2: 2 mi. apart E Level of Service 27,000 Lanes A B C 0 70,200 4 23,800 39,600 55,200 67.100 105 400 6 36,900 61,100 85,300 103,600 8 49,900 82,700 115,300 140,200 10 63,000 104,200 145,500 176,900 12 75,900 125,800 175,500 213,500 E 16,900 ... ... E 16,300 34,500 51,800 67,000 74,600 115,300 \56,000 11lt;,400 237.100 ... Interchange spacing < 2 mi. apart Level of Service C 52,000 81,700 111,400 141,200 170,900 E 76,500 120,200 163,900 207,600 251,200 Lanes 4 6 8 10 12 A 22,000 34,800 47,500 60,200 72,900 o 67,200 105,800 144,300 182,600 221,100 B 36,000 56,500 77,000 97,500 118,100 BICYCLE MODE (Note: Level of service for the bicycle mode in this table is based on roadway geometries at 40 mph posted speed and traffic conditions, not number of bicyclists using the facility.) (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Paved Shoulder! Level of Service Bicycle Lane Level of Service Lanes Divided A B C D E Coverage A B C D E 2 Undivided .. .. 5,300 12,600 15,500 0-49% .. .. 3,200 13,800 >13,800 4 Divided .. .. 12,400 28,900 32,800 50-84% .. 2,500 4,100 >4,100 ... 6 Divided .. .. 19,500 44,700 49,300 85-1000/0 3,100 7,200 >7,200 ... ... 8 Divided .. .. 25,800 58,700 63,800 Class IV (more than 4.5 signalized intersections per mile and within primary city central business district of an wbanized area over 750,000) Level of Service Lanes Divided A B C D E 2 Undivided .. .. 5,200 13,700 15,000 4 Divided .. .. 12,300 30,300 31,700 6 Divided .. .. 19,100 45,800 47,600 8 Divided .. .. 25,900 59,900 62,200 Florida Department of Transportation Systems Planning Office 605 Suwannee Street, MS 19 ONE- WAY FACILITIES Tallahassee. FL 32399-0450 Decrease corresponding two-directional volumes in this table by 40% to http://wwwll.myflorida.comlplanninstsystemslsm.losIdefaulthtm obtain the uivalent one directional volume for one-waY facilities. '"1biItlblcdoCloot<<lllllitutealt8llnlandlbouklbeUlcdoalyfurpncnlpllnl:lqtpplicadona. Tho~ ftomwbidllhilc.blckderivedlbouldbeuscdtbrmorcspecifieP-fnl appHearions. The table ifill derIvinJ eompuleI' JDOdl:aIbould not be I&ICd Ibr eonidor 01' intersection dc8ign, where more refined tedmiquel CJlisL VaJllCIlOOwn IIfC two-WlY annual averasc daily volumes (based on KI" faetonI) lbI' IcvdI ofscrviec and arc lbI' ~ 1lUt0lll0bl10'1:r0c modes unless specifically 11a1cd. Levet orseJViec IctlCF pade Ihraholds IIfC probably not eompuable aeroa modes and, therefore, troIS modal ~ ihouId be made with eautioa. Furthennort:. combining Ievell oflervit:e ofdimrernmodes into one overall roadway levd ofscrvice is 00( recommended. The table's input value ckfauIlS ancIlevel ofscrviec crileriaappear on Ibe followinspqe. Cakll1ationllR t.sedon planning applicatioN: of the Highway ~ty Manual. Bieyt:le LOS Model. Pedestrian LOS Modclllnd Transit Capacity IIlId Quality orServiec MInuaI. respeedvely for the automoblleilnll:k, bicycle, pedestrian and bus modes. "''''Cannot be achievedurinJtableinpulva1ue defauhs. "'."'Not applicable tor Iba1Ievd of~ee letter sr&de. For automobile/truck modes. vol\ll'ne5 greater than level of service D bcoome F beeause intersection capacities have been reached For bicycle and pedestrian modes, the level of service kller gnde (including F) is not achievable, because there is no maximwn vehicle volume threshold using table input value deTau11S Lanes Divided 2 Undivided 4 Divided 6 Divided NON-STATE ROADWAYS Major CitylCounty Roadways Level of Service B C .. 9,100 .. 21,400 .. 33,400 D 14,600 31,100 46,800 A .. .. .. Lanes Divided 2 Undivided 4 Divided Other Signalized Roadways (signalized intersection analysis) Level of Service B C .. 4,800 .. 1I100 A D 10,000 21,700 .. .. Source : E 15,600 32,900 49,300 E 12,600 25 200 02122102 PEDESTRlAN MODE (Note: Level of service for the pedestrian mode in this table is based on roadway geometrics at 40 mph posted speed and traffic conditions, not number of pedestrians using the facility.) (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Level of Service C D .... 6,400 ...... 9,900 11,300 >11,300 Sidewalk Coverage 0-49% 50-84% 85- JOO% B E 15.500 19,000 ... A .. .. .. .. .. 2,200 BUS MODE (Scheduled Fixed Route) (Buses per hour) (Note: BustS per OOIlT shown arc only for the peak bour in the slnlk directIon of the higher traffic flow.) Level of Service Sidewalk Coverage ABC D 0.84% .... >5 2:4 2:3 85~100% >6 >4 >3 >2 ARTERIALlNON-STATE ROADWAY ADJUSTMENTS DlVIDEDIUNDIVIDED (alter corresponding volume by the indicated percent) Median Left Turns Lanes Adjustment Factors Divided Yes +5% Undivided No -20% Undivided Yes -5% Undivided No -25% E ~2 >1 Lanes 2 2 Multi Multi 85 .+, 1 In = 200.0 feet Ocean 95 - North Access -