Agenda 12-05-06
The City of
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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
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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
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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~
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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
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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
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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
.'
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,
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
,..,
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-<40
('~') .."
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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 $418,442.50,
AL TERNA TIVES: Not to
Department Name
Recreation and Parks
S:IBULLETJN\FORMSIAGENDA ITEM REQUEST FORM,DOC
llIL~/~~~~ ~(;O~
OO.l~'+I.lj~Jl
vnHKL~~ ~ Wn.lI~0~U~
r'M\.;l(;' '.Jl
CHARLES S. WHITESIDE, INC.
~~~"':':'~-""---=-~:'!,=:'~.;.';:"
Gnding, Storm Droinli< 6l P"ring
250 Truck & Trailer Way, West Palm Beach, Fl. 33413
-> Telephone 471-7696 . 471.7699 -:-
Fax: 561 471-9351
FACSIMILE COVER LETTER
PLEASE DELIVER THE FOLLOWING PAGES TO:
NAME: j06u ~ IVe.rs
\ n
FIRM: C! \~ 01= CtlY"Tt>>l. 'B......,. H-
FAX NUMBER: 51..\ "I~-::l../,,~~~
FROM: JI)"~ ~ve;ltE.if
WE ARE TRANSMITTING
IF TRANSMISSION IS NOT
PLEASE CALL:
~ PAGES (INCLUDING THIS COVER LETTER)
COMPLETE OR THERE ARE ANY OTHER PROBLEMS,
OPERATOR I S NAME Qnc.l:ST
TELEPHONE #
FAX #
(561) 471-7696
(5&1) 47l-9351
COM.MENTS_""KrVI~'" ~sa"-: ~E'''-''MR''''''''n ../>-.u..
DATE: II. .l1n. bLD
TIME:~Ei:;l.AA.4
,
'LOt Lt.:.!OC:'
0(;:11:)
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wn.J. 1~.;:'.'.J.'c.
Page No. I
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proposal
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I . F.. n......' "", ...~.... : Traffic Markings (Paint) J-J Aj """"",".. .... .. .." I
I 448.0 S.Il. @ 15.00 6,720.00 /
Dr 'rllJ/lISt her.by to lurnish material and lab", - complate in aocordanee with above speoifieatlons, for the sum of: :
dolors ($ ). 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
'"
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".~;~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'
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'TypltC'inle-e',. ..... --JbiIO--.... ........"......,...'@...4-;5tlO.;OO,.'. ......."'"4,'5oo;oO...........!1
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.,. 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 ___
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1
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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
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1
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,
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.<
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II
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II
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".'.h(},Eaob,
60.0 L.F.
3QI};OO.
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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
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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)
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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
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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
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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 .-
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. Assistant to City Manager ~
Public Works / Engineering Division
Department Name
City Attorney I Finance
S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.ODe
LUXO ROAD
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SECTION 8, TOWNSHIP 455, RANGE'43E
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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)
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March 19,2007 (Noonl.:z:
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City Manager's Report
New Business
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Legal
Unfinished Business
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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)!!/~.
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-OR-
(INDIVIDUAL PRINCIPAL)
WITNESS:
BY:
ADDRESS:
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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
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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
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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:
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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~
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Code Compliance & Legal Settlements
Public Hearing
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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
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220
330
440
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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"' ~~
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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
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Development Departme Irector
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Assistant to City Manager ~
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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
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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
."
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rs;
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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
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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
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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.
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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.
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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.
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. 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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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. ,
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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~'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
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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
--
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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
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o 1,2.50 2,500
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7,500
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to,<<Xl
DEVELOPMENT AND REDEVELOPMENT ACTIVITY
ALONG US 1 CORRIDOR
MAP 0
.__.~----_._---+~--
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TaSRD, o. 'ntntc..stIIl
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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
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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)
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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
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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
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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
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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
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1
SECOND, FINAL READING and PASSAGE this __ day of ___._ , 2007.
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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
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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
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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
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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
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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.
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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.
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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~
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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
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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
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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
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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
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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
-...
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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
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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
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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
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March 5, 2007 (Noon) :z:
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March 19,2007 (Noon1\.>
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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
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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
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,:, Tinter Associates, Inc-.
.' Transportation Engineers
,_ 3303 W. Commercial Blvd. Sle. 201
. Ft. Lauderdale, FL 33309-3412
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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
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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
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~\
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
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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
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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
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\
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
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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)
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March 5, 2007 (Noon) 0-
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March 19,2007 (Noon)":::
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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
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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
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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
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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
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~~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
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o
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Legal
Unfinished Business
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CP.
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o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
February 21. 2006 (Noon)
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March 6, 2006 (Noon r.z:
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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-.,
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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
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Policy 1.16.1 and Policy 1.9.S has herein after set forth; and
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WHEREAS, the City Commission finds that the adoptions of these
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Comprehensive Plan Amendments are in the best interest of the health, safety and
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welfare ofthe citizens and residents of the City of Boynton Beach.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY
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COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and are now
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ratified and confirmed by the City Commission.
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Section 2.
That the Comprehensive Plan, Objective 1.16.1, is hereby
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amended by adding the words and figures in underlined type and by deleting the
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words and figures in struck-through type, as follows:
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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
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. 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
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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
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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
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April 3,2007
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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.
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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.
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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.
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'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
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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).
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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
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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
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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"
~ ~
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N -~
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N N
, , p N
, , P G
'LT.' n. .". p IP-;'~
,
-- ~ IN
If ;-T '-' , u,
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-
October 9, 2006
2
dT,' IF= IF=
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t, ,trl. "" P ~
P fl
u. P' 12'"
Io~T' P' IF
,T..\ G"'" ~"T"
fl P"
fl P
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11.
,ITT
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P' IF'
, . . fl" I'V
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01 p" IFv
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,
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LA' p.v IFv
,1. N N
A . A A IF" p"
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pv pv
, , N
~
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p= P=
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, pH
~
P" p"
pv p"
<" .T' ~ ~
,I IN G
A P" flv
,
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~ pv P"
If' Ilv IFv
P" IPv
October 9, 2006
3
IF" n -.
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12"
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,~
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---
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, 12" J!6
-
126 f!"
12" f!"
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, , IN
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-- 112" - -
126
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P"
p- IP"'"
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N IN
- 12" IN
- .-. 12" 112"
, p6 ~
IN IN
October 9, 2006
4
112" fl"
,"0'" . . IG~ N
112" fl"
n++ N ~
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m~. .ITT_"'. .il
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N ~
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b P
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,
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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
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,
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
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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
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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
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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
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(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
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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
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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
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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
('"")~
:::;-<
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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
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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
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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:
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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
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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
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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
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February 20, 2007 ~n):::i-<
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Man:h 5, 2007 (No~ i- CO
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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
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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
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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
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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
~
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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
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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~
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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);
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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
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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.
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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
'~~..~
((
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. ~. .
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
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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:
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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
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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 . SARASOTA. 51. PETERSBURG. TALLAHASSEE. TAMPA. WI:ST PALM BEACH
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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
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March 19,2007 (Noonl-.>
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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.
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\Ellipse\NWSP 06~021\Staff Report.doc
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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
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,
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
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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
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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
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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
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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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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 _ ,~.:..
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~~
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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
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RECEIVED
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,
OCT 2 t 2006
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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
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;0<:-<
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(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
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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
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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
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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.
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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
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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
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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
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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
....
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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
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SECOND, FINAL READING AND PASSAGE lhis _,_ day of__,~, 2006.
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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
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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
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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
-