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Agenda 01-19-10 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JANUARY 19, 2010 6:30 PM City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow Hay Vice Mayor – District II Ron Weiland Commissioner – District I Jose Rodriguez Commissioner – District III Marlene Ross Commissioner – District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  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, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes 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 who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled 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). 2 of 720 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Hay D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Approve the proposed monuments commemorating "The Vietnam War," "Desert Storm," Afghanistan War," and "Iraqi War." B. Present Tribute to Boynton Beach Community High School Dimensional Harmony Choir. C. Permit presentation of a public service announcement created by staff to promote participation in the 2010 Census. 4. 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) 5. ADMINISTRATIVE Accept the resignation of Judy Immer, a Regular Member of the Community A. Relations Board. Appoint eligible members of the community to serve in vacant positions on City B. advisory boards. 6. 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. 3 of 720 A. Award the "TWO - YEAR BID FOR DUMPSTER REPAIRS", Bid #013-2510-10/JA, to Lamons Welding and Design, LLC., of Boynton Beach, Florida for a two year period with an estimated annual expenditure of $70,000.00. B. Approve the elimination of a Supervisor, Transportation Services postion and the reclassification of a Bus Driver to a Crew Leader, Sr. in Recreation and Parks for a savings of approximately $31K annually. C. Approve the third reduction of a performance bond in the amount of $1,472,456.53 for the improvements to Old Boynton Road by Boynton Town Center and Boynton Village from $2,798,089.65 to $1,325,633.12. PROPOSED RESOLUTION NO. R10-010 D. -- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. PROPOSED RESOLUTION NO. R10 -011 E. -- Approve Task Order # U-04-18-3 with Stanley Consultants for the Security Systems Improvements at the Water Treatment Plants in the amount not to exceed $50,718. F. Accept the written report for purchases over $10,000 for the months of November and December 2009. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Conduct Impasse Hearing and resolve open issues to settle SEIU - Blue Collar Collective Bargaining Agreement. The City Commission will conduct these public hearings in its dual capacity as Loc al Planning Agency and City Commission. PROPOSED ORDINANCE 10-001 - SECOND READING - Casa Del Mar Yacht Club B. rezoning (REZN 09-003). Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to IPUD with a master plan for a marina use. Casa del Mar Yacht Club, (COUS 09-004) /(NWSP 09-004) C. , Conditional Use and New Site Plan, located at 2632 North Federal Highway, east side of Federal Highway, north of Dimick Road. Request approval for Marina/Yacht Club including a 320-unit boat storage building; a 4,450+ square foot boat sales showroom; and a 9,986-square foot mixed-use building with club facilities, retail store, and ancillary offices within a 4 of 720 master planned IPUD on a 4.11 acre parcel. Applicant: Sidney Atzmon, Managing member of Lancore Nursery, LLC. Casa del Mar Yacht Club, (ZNCV 09-005 D. ) , Zoning Code Variance, located at 2632 North Federal Highway, east side of Federal Highway, North of Dimick Road. Request approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.3., “Maximum Height allowed - 45 feet”, to allow a height of 67 feet for a proposed boat storage structure, for a variance of 22 feet. Applicant: Lancore Nursery, LLC Casa del Mar Yacht Club, (ZNCV 09-006), E. Zoning Code Variance, located at 2632 North Federal Highway, east side of Federal Highway, North of Dimick Road. Request approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.4.g.11.(p), "Additional Design Regulations", requiring the height of 50% of required trees be a minimum of two-thirds the height of the building, to allow the required trees to be planted at one-third the height of the building, at a boat storage structure within a proposed yacht club/marina, located at 2632 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Lancore Nursery, LLC PROPOSED ORDINANCE NO.10-003 -- FIRST READING F. - Hemingway Square Medical Office land use amendment/rezoning (LUAR 09-004). Amend the Future Land Use Map classification for the 1.249 acre property from Special High Density Residential (SHDR) to Local Retail Commercial (LRC) PROPOSED ORDINANCE NO. 10-004 -- FIRST READING - Approve rezoning the property from Infill Planned Unit Development (IPUD) to C-3 Community Commercial. Hemingway Square Medical Office, (NWSP 08-003), G. New Site Plan, located at 2319 South Federal Highway, northwest corner of SE 23rd Avenue and South Federal Highway. Approve new site plan for a two-story, 18,000 square foot medical / professional office building on a 1.24 acre parcel in a proposed C-3 zoning district. Applicant: Robert Vitale, Realty Acquisitions & Trust, Inc. Land Development Regulations – Rewrite Group 7 (CDRV 07-004), H. Code Review, pursuant to the LDR Rewrite Work Schedule, including amendments to Chapter 2, Article II (Planning and Zoning Division Services) to add Lot-Line Modification provisions; Chapter 2, Article III (Engineering Division Services); Chapter 2, Article IV (Building Division Services); Chapter 2, Article V (Business Tax Services); and Chapter 2, Article VI (Impact and Selected Fees). Applicant: City-initiated 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R10 -012 A. -- Approve Second Addendum to Agreement for Vehicle Towing Rotation Program. B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City NOTE: THIS ITEM WAS TABLED FROM THE Commission on December 15, 2009. JANUARY 5, 2010 CITY COMMISSION MEETING. 5 of 720 C. Approve a tri-party Interlocal Agreement for the exchange of land between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the modernization of Galaxy Elementary School. D. Consider alternatives under the proposal to relocate Police Headquarters in Renaissance Commons and authorize negotiations to A. Enter into a 20-year lease with an option to purchase, or B. Purchase the required office space outright. Depending on the Commission's direction, staff will then request the Commission to 1. Approve an Agreement to occupy Renaissance Commons. 2. Amend the Capital Improvement Plan to purchase and / or build out the.required space. 3. Authorize the necessary financing for the estimated costs and related interest. 4. Authorize the procurement of required design and construction services. 11. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the (Tabled to April 2010). City Commission. 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 10-005 -- FIRST READING A. -- Amending and restating Article III, Chapter 18 of Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund. PROPOSED ORDINANCE NO. 09-044 -- SECOND READING B. -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5.L., changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation. Applicant:: City-initiated. Request for Reconsideration by Commissioner Ross of Ordinance 09-044 which was adopted on second reading on December 1, 2009. TABLED on January 5, 2010. PROPOSED ORDINANCE NO. 09-048 -- SECOND READING - C. Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to 6 of 720 amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private marinas including dry boat storage. This amendment is in conjunction with the related amendments to the IPUD zoning district for marine- oriented and water-dependant uses, as processed by Ordinance 09-044. TABLED on January 5, 2010. PROPOSED ORDINANCE NO. 10-002 -- SECOND READING D. -- Approve changes to the Sewer Use Ordinances as per the revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach. The first reading of these ordinance modifications was approved at the January 5, 2010 Commission meeting. 14. UNFINISHED BUSINESS None 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER 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 CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 720 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Approve the proposed monuments commemorating "The EQUESTED CTION BY ITY OMMISSION Vietnam War," "Desert Storm," Afghanistan War," and "Iraqi War." ER: The Boynton Veterans’ Council is offering to fund these XPLANATION OF EQUEST monuments to be placed at the Veterans Memorial at Bicentennial Park. The Boynton Beach Veterans’ Advisory Commission voted on November 10, 2009, to recommend that the City Commission accept these monuments for placement at Bicentennial Park. All costs are to be borne by the Boynton Veterans’ Council. H? Recreation & Parks Department will be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES authorized to site the monuments as there are other monuments located within the Park. The Boynton Veterans’ Council will be required to provide signed and sealed drawings of the foundations which will need to be submitted to the Permitting offices for approval. The Boynton Veterans’ Council will also be required to provide signed and sealed reports from an engineer affirming that the monuments will withstand the required wind load, which must be submitted in conjunction with the foundation permit applications. These requirements have been noted to and accepted by the Co-Chair of the Boynton Veterans’ Council. FI: The Boynton Veterans’ Council has agreed to fund these projects at no cost to ISCAL MPACT the City. A: Reject the offer of the Boynton Veterans’ Council. LTERNATIVES 8 of 720 9 of 720 10 of 720 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present Tribute to Boynton Beach Community High EQUESTED CTION BY ITY OMMISSION School Dimensional Harmony Choir. ER: The Dimensional Harmony Choir is invited to perform annually at XPLANATION OF EQUEST New York City’s Carnegie Hall. In April 2009, the chorus represented Boynton Beach as choral arts ambassadors when members competed in the New York City Heritage Festival against schools from throughout the United States and Canada. Dimensional Harmony carried back to Boynton Beach the First Place Winners’ Gold and has been invited to compete against all the other first place winners in Chicago. This Tribute recognizes the Choir’s achievement and services to the community. H? There is no effect on City programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. FI: None ISCAL MPACT A: Not present Tribute. LTERNATIVES 11 of 720 T R I B U T E The City of Boynton Beach is fortunate to be the center for many dedicated and talented performers whose creative expressions enrich our cultural life. The Dimensional Harmony Chorus, established in 2002 under the directorship of Sterling Frederick, has evolved into an artistic institution instrumental in building the arts scene throughout the City during its short history. Comprised of 50 students in grades 9-12 at Boynton Beach Community High School, Dimensional Harmony has received superior ratings on the district, state and national level since its inception. The group enjoys performing in and around Boynton Beach year round and has performed for Donald Trump at Mar-a-Lago. Dimensional Harmony is invited to perform annually at New York City’s Carnegie Hall. In April 2009, the chorus represented Boynton Beach as choral arts ambassadors when members competed in the New York City Heritage Festival against schools from throughout the United States and Canada. Dimensional Harmony carried back to Boynton Beach the First Place Winners’ Gold. Dimensional Harmony has been invited to compete against all the other first place winners in Chicago. It is fitting and appropriate, therefore, that the City of Boynton Beach officially recognizes with this Tribute the Dimensional Harmony Chorus for enriching and enhancing the lives of Boynton Beach’s children and families and commend the group for its commitment to providing professional quality, critically acclaimed performances of diverse choral music for the community. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of December, Two Thousand and Nine. ___________________________________ Jerry Taylor, Mayor ATTEST: _____________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 12 of 720 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Permit presentation of a public service announcement EQUESTED CTION BY ITY OMMISSION created by staff to promote participation in the 2010 Census. ER: The goal of the Census is to count everybody, count them only XPLANATION OF EQUEST once and count them in the right place. Staff produced this original video, which will be broadcast on BBTV and posted to the City’s web and social media sites, to encourage full participation in the 2010 Census. H? The facts gathered in the Census help OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES shape decisions for the rest of the decade about public health, neighborhood improvements, transportation, education, senior services and much more and help determine the City’s share of more than $3 trillion in federal aid over the next 10 years. FI: The video was produced in-house; the only cost was staff time. However, ISCAL MPACT promotion of the Census through this video and other means will enable the City to receive its full share of the more than $3 trillion in federal aid. A: Not present the video. LTERNATIVES 13 of 720 5. A ADMINISTRATIVE January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Judy Immer, a Regular Member EQUESTED CTION BY ITY OMMISSION of the Community Relations Board.. ER: Judy Immer submitted an email explaining her change in residence XPLANATION OF EQUEST making her ineligible to serve on the Community Relations Board for the City of Boynton Beach. H? The Community Relations Board will have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a vacancy. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 14 of 720 15 of 720 5. B ADMINISTRATIVE January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards. ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 16 of 720 17 of 720 18 of 720 6. A CONSENT AGENDA January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award the "TWO - YEAR BID FOR DUMPSTER EQUESTED CTION BY ITY OMMISSION REPAIRS", Bid #013-2510-10/JA, to Lamons Welding and Design, LLC., of Boynton Beach, Florida for a two year period with an estimated annual expenditure of $70,000.00. ER: On December 3, 2009, Procurement Services opened and XPLANATION OF EQUEST tabulated five (5) bids. All bids were reviewed by the Public Works Department and it was determined that Lamons Welding and Design, LLC, of Boynton Beach, was the lowest, most responsive, responsible bidder who met all specifications. Larry Quinn, Solid Waste Manager, concurs with this recommendation (see attached memo #09-061). The Contract Period is from JANUARY 20, 2010 to JANUARY 19, 2012. PROGRAM IMPACT : The purpose of the Request for Bids was to seek a source to provide the Public Works/Sanitation Department with a cost effective and timely service for the repair of the City’s dumpsters for a period of two (2) years. Service will be provided on an “AS NEEDED BASIS” The provisions of this Bid award will allow for a one year extension to the initial two years at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the award is in the City’s best interest. FI: ACCOUNT NUMBER: ESTIMATED ANNUAL EXPENDITURE: ISCAL MPACT 431-2515-534-46-93 $70,000.00 A: The only alternative to this Bid would be not to repair the dumpsters and LTERNATIVES replace them, which would not be in the best interest of the City. 19 of 720 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE “TWO-YEAR BID FOR DUMPSTER REPAIRS”, BID #013-2510-10/JA TO LAMONS WELDING AND DESIGN, LLC., OF BOYNTON BEACH, FLORIDA, FOR A TWO YEAR PERIOD WITH AN ESTIMATED ANNUAL EXPENDITURE OF $70,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 3, 2009, Procurement Services opened and tabulated five (5) bids in response to Bid #013-2510-10/JA which were reviewed by the Public Works Department; and WHEREAS, it was determined that Lamons Welding and Design, LLC., of Boynton Beach, Florida was the lowest, most responsive, responsible bidder who met all specifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award the “Two Year Bid for Dumpster Repairs”, Bid #013-2510-10/JA to Lamons Welding and Design, LLC., of Boynton Beach, Florida for a two year period with an estimated annual expenditure of $70,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award the “Two Year Bid for Dumpster Repairs”, Bid #013-2510-10/JA to Lamons Welding and Design, LLC., of Boynton Beach, Florida for a two year period with an estimated annual expenditure of $70,000.00 . Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of January, 2010. CITY OF BOYNTON BEACH, FLORIDA 20 of 720 ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 21 of 720 22 of 720 23 of 720 24 of 720 25 of 720 26 of 720 27 of 720 28 of 720 29 of 720 30 of 720 31 of 720 32 of 720 33 of 720 34 of 720 6. B CONSENT AGENDA January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the elimination of a Supervisor, Transportation EQUESTED CTION BY ITY OMMISSION Services postion and the reclassification of a Bus Driver to a Crew Leader, Sr. in Recreation and Parks for a savings of approximately $31K annually. ER: This request is based on the fact that the City can reduce XPLANATION OF EQUEST expenses by eliminating the Supervisor, Transportation Services classification, pay grade 18, and reclassify one of the existing full-time Bus Driver positions to a Crew Leader, Sr., pay grade 9. The Supervisor, Transportation Services retired on December 31, 2009, some of his duties and responsibilities for coordinating and overseeing the daily work activities will be assumed by the Crew Leader, Sr. and the managerial responsibilities will be assumed by the Sr. Manager Recreation Programs. The Crew Leader, Sr. class description has been revised to include these transportation services duties. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This action will streamline the Transportation Services Division. FI: ISCAL MPACT By approving this action, expenses will be reduced by $30,844 in the Transportation Fund for the remaining nine (9) months of the FY 2009/2010 budget year as follows:  The Supervisor salary and benefits (41%) were budgeted for a total $58,095.  Less the expenses related to vacation, sick leave, Social Security and Medicare taxes paid out to employee vacating position equate to $(25,683) not budgeted.  Thus there is a net savings of $32,412 due to the elimination of the Supervisor, Transportation Services position effective January 1, 2010. 35 of 720  Less the cost to upgrade the Bus Driver Position to Crew Leader, Sr. (5% of midpoint of the new grade plus Social Security and Medicare taxes) is ($1,568). A: LTERNATIVES If one (1) Bus Driver position is not reclassified to a Crew Leader, Sr. who will assume additional duties including scheduling and overseeing the other Bus Drivers, it will be necessary to hire a Supervisor, Transportation Services to manage the Division. Therefore, there will not be a savings of $31K. 36 of 720 37 of 720 38 of 720 39 of 720 40 of 720 41 of 720 42 of 720 6. C CONSENT AGENDA January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the third reduction of a performance bond in the EQUESTED CTION BY ITY OMMISSION amount of $1,472,456.53 for the improvements to Old Boynton Road by Boynton Town Center and Boynton Village from $2,798,089.65 to $1,325,633.12. ER: This reduction represents the continuing progress completion of XPLANATION OF EQUEST the on-going construction of the required improvements to support the widening of Old Boynton Road, from Congress Avenue to Boynton Beach Boulevard. Issues identified on the east half of Old Boynton Road (east of the LWDD E-4 Canal bridge) have been corrected. Those included the erroneous construction of concrete curb and gutter, and the discovery of deleterious material under the existing roadway when installing utility line upgrades. The remaining Letter of Credit will be held until the project is completed, or until it supports another reduction, and will not be fully released until the one-year warranty period is complete. Palm Beach County’s Department of Engineering & Public Works (Road & Bridge Division) has been monitoring the daily construction progress of this project and has concurred with the requested surety reduction. H? Contractor has advise the City that they OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES expect to open the roadway to local traffic on January 11, 2010, complete the first lift of asphalt on January 17, 2010, finalize the second course of asphalt roadway on January 25, 2010. The project is expected to be completed (including “punch list” items) by February 25, 2010. FI: N/A ISCAL MPACT A: Leave the current surety balance in place. LTERNATIVES 43 of 720 44 of 720 6. D CONSENT AGENDA January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-010 -- Assess the EQUESTED CTION BY ITY OMMISSION cost of nuisance abatement on properties within the City of Boynton Beach. ER: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the XPLANATION OF EQUEST attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk’s Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending a certified copy of the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the certified copy of the Resolution is sent to the County for recording. Thirty days after a certified copy of the Resolution is recorded, the property owners will receive, by certified mail, a certified copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. H? This process allows us to place liens on the properties in OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES order to reimburse the City for the services that were provided when the nuisances were abated. FI: This process allows us to place liens on the properties in order to reimburse the City for the services that ISCAL MPACT were provided when the nuisances were abated. A: The alternative would be to not place liens on the properties and not collect for the service provided. LTERNATIVES 45 of 720 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , in August 27, 2009, a contract vendor was requested by Code Compliance to mow the lots of the properties described in Exhibit “A”; and WHEREAS , the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department on two occasions in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS , on September 28, 2009, all of the property owners listed in the attached Exhibit “A” were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS , the City Manager or his authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit “A” attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and Now, therefore, be it resolved by the city commission of the city of boynton beach, Florida as follows: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above- described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED COMPOSITE EXHIBIT “A” (Charges cover Invoices dated September 28, 2009) Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2009, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings 46 of 720 are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January 19, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Jose Rodriguez ATTEST: _______________________________ Commissioner – Marlene Ross _____________________________ Janet M. Prainito, CMC City Clerk {Corporate Seal} 47 of 720 48 of 720 49 of 720 6. E CONSENT AGENDA January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10 -011 -- Approve EQUESTED CTION BY ITY OMMISSION Task Order # U-04-18-3 with Stanley Consultants for the Security Systems Improvements at the Water Treatment Plants in the amount not to exceed $50,718. ER: The Bioterrorism Response Act of 2001, Title IV, Section 1433 XPLANATION OF EQUEST required the Utility to undertake a vulnerability assessment and to take appropriate actions to ensure the safety of the public water supply. As a part of our ongoing activities in this area, the Utility intends to further improve the security systems at the water treatment plants and seeks to utilize the expertise of Stanley Consultants in this area. Stanley will be preparing a preliminary design concept and then prepare Design-Build RFP documents for issuance. The consultant will work with City personnel in the review process to select a supplier for subsequent contract approval by the Commission. All records directly associated with the Utility security systems are exempt from disclosure under the Public Records Law pursuant to Section 119.071(3)(a)1, Fla. Stat., which exempts all records relating directly to the physical security of the facility or revealing security systems. As such, all project matters directly concerning the security systems will remain confidential between relevant Utility personnel and the Consultant. The Task Order is not included in the agenda package for security reasons but is available for inspection by the Commission via the City Clerk’s Office only. H? The project will improve the long term OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES security of the Utility infrastructure, including both the water plants and the remote operating facilities. 50 of 720 FI: There are funds for security improvements identified in the repair and renewal ISCAL MPACT section of the CIP under Project WTR 127, G/L Account 403-5000-96-10. A: In consideration of the confidentially requirements associated with the security LTERNATIVES of our Water Treatment Plants, the City cannot divulge information regarding our plant layouts and infrastructure for public bids. The proposed procedure is therefore the only alternative to making no improvements to the current systems which could leave the plants open to additional risks. 51 of 720 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER NO. U-04-18-3 WITH STANLEY CONSULTANTS INC., IN AN AMOUNT NOT TO EXCEED $50,718.00 FOR THE SECURITY SYSTEM IMPROVEMENTS AT THE WATER TREATMENT PLANTS; AND . PROVIDING AN EFFECTIVE DATE WHEREAS, the Bioterrorism Response Act of 2001, Title IV, Section 1433 required the Utility Department to undertake a vulnerability assessment and to take appropriate actions to ensure the safety of the public water supply; and WHEREAS, Stanley Consultants, Inc., will be preparing a preliminary design concept and a Design-Build RFP to further improve the security systems at the water treatment plants; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize execution of Task Order U04-18-3 with Stanley Consultants, Inc., in an amount not to exceed $50,718.00 for the security systems improvements at the Water Treatment Plants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to execute Task Order U04-18-3 with Stanley Consultants, Inc., in an amount not to exceed $50,718.00 for the security systems improvements at the Water Treatment Plants. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 52 of 720 Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 53 of 720 6. F CONSENT AGENDA January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report for purchases over $10,000 for EQUESTED CTION BY ITY OMMISSION the months of November and December 2009. Per Ordinance O01-66, Chapter 2, Section 2-56.1 Exceptions to ER: XPLANATION OF EQUEST competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Ordinance O01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FISCAL IMPACT : This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. 54 of 720 A: None LTERNATIVES 55 of 720 CITY OF BOYNTON BEACH AP PROVED REQUESTS FOR PURCHASES OVER $10,000 FOR NOVEMBER & DECEMBER 2009 1 Vendor: ITT FLYGT Purchase Amount: $15,215.20 Requesting Department: UTILITIES Contact Person: TONY LOMBARDI Date: 11/5/09 Brief Description of Purchase REPAIR AN 88 HP PUMP FOR MASTER STATION #309 Service/Commodity Source for Purchase: Sole Source Fund Source: 401-2816-536-46-51 2 Vendor: FL HIGHWAY PRODUCTS, INC. Purchase Amount: $18,229.80 Requesting Department: ENGINEERING Contact Person: George Mantell Date: 11/30/09 Brief Description of Purchase RESTRIPE CITY STREETS AND PAVEMENT MARKINGS SERVICE Source for Purchase: BID# 057-2413-09/CJD Fund Source: 302-4905-580.63-08 3 Vendor: JOHN DEERE PRODUCTS Purchase Amount: $22,449.00 Requesting Department: GOLF COURSE Contact Person: SOTT WAHLIN Date: 12/8/09 Brief Description of Purchase PURCHASE OF ONE JOHN DEERE 200 GALLON SPRAY TANK COMMODITY Source for Purchase: ORANGE COUNTY SCHOOL Fund Source: 411-2911-572.64-21 BOARD BID #07-07-04 4 Vendor: ANDERSON TELECOM, LLC Purchase Amount: $11,055.20 Requesting Department: ENGINEERING Contact Person: GEORGE MANTELL Date: 12/10/09 Brief Description of Purchase REPLACE TELEPHONE LINE AND INSTALL FIBER OPTIC CABLE TO THE GOLF MAINTENANCE FACILITY FROM THE CLUBHOUSE SERVICE Source for Purchase: THREE WRITTEN QUOTES Fund Source: 302-4905-580-63-24 5 Vendor: AQUAGENIX Purchase Amount: $17,500.00 Requesting Department: UTILITIES Contact Person: BARB CONBOY Date: 12/10/09 Brief Description of Purchase HARVESTING THE FOLLOWING CANALS: VENETIAN ISLE CANAL, TREASURE CANAL, LAZY LAKE W EST AND EAST SPURS CHAPEL HILL CANAL SERVICE Source for Purchase: THREE WRITTEN QUOTES Fund Source: 401-2824-526-49-17 6 Vendor: NOVO ARBOR Purchase Amount: $12,126.00 Requesting Department: RECREATION/PARKS Contact Person: JODY RIVERS Date: 12/10/09 Brief Description of Purchase OCEANFRONT PARK SEAGRAPE HEDGE REDUCTION SERVICE Source for Purchase: BID #054-2730-08/JA Fund Source: 001-2731-572.49-17 7 Vendor: DELL MARKETING LP Purchase Amount: $19,685.00 Requesting Department: ITS Contact Person: CATHY MCDEAVITT Date: 12/10/09 Brief Description of Purchase 25 COMPUTERS AS PART OF THE REPLACEMENT PROGRAM COMMODITY Source for Purchase: FLORIDA STATE CONTRACT Fund Source: 001-1510-513.64-15 250-040-08-01 56 of 720 Page 1 9. A PUBLIC HEARING January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Conduct Impasse Hearing and resolve open issues to EQUESTED CTION BY ITY OMMISSION settle SEIU - Blue Collar Collective Bargaining Agreement. ER: After negotiating for many months the City Manager’s negotiating XPLANATION OF EQUEST team and the Union’s negotiating team were unable to reach agreement on five articles of the Collective Bargaining Agreement: Wages, Holidays, Seniority Lay-Offs and Recall, Insurance and Duration. The City Manager and the Union Representative agreed to by-pass a hearing before a Special Magistrate appointed by the Public Employees Relations Commission and submit the five impasse issues directly to the City Commission for resolution. The City Commission is now required to conduct a public hearing at which time the City Manager or his designee will explain management’s position and a representative of SEIU will explain the Union’s position on the five impasse issues. During the public hearing the City Commission shall take such action as it deems to the in the public interest, including the interest of the City employees involved, to resolve the five disputed impasse issues. The public hearing will be conducted as follows: 1. The SEIU representative or representatives of its bargaining team will have twenty (20) minutes to explain the Union’s position. 2. The City Manager or representatives of his bargaining team will have twenty (20) minutes to explain the City’s position. 3. The Mayor will open the public hearing for comments by the public. 4. The Mayor will close the public hearing. 57 of 720 5. The City Commission will deliberate on the impasse issues and announce its decision on how those issues should be resolved. The City Commission is currently in what is referred to as the “insulated period.” During the insulated period members of the City Commission may not be provided with information regarding the City’s and Union’s position, either directly or indirectly. Therefore, unlike many agenda items, there is no backup that sets forth the position of either the City or the Union. H? Since the City Commission is in the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES insulated period, this information will be provided during the Public Hearing. FI: Since the City Commission is in the insulated period, this information will be ISCAL MPACT provided during the Public Hearing. A: None LTERNATIVES 58 of 720 9. B PUBLIC HEARING January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE 10-001 - SECOND READING EQUESTED CTION BY ITY OMMISSION - Casa Del Mar Yacht Club rezoning (REZN 09-003). Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to IPUD with a master plan for a marina use. ER: The property is presently zoned IPUD; however, pursuant to the XPLANATION OF EQUEST Land Development Regulations, approval of the proposed new master plan for a marina / yacht club use is processed as part of a new rezoning application. In addition to the rezoning, the applicant has concurrently filed applications for conditional use / site plan approval and two variances. Staff recommends that the rezoning request be approved subject to compliance with the maximum height allowed in the IPUD zoning district. The Planning and Development Board recommended that the subject request be approved on December 22, 2009. The Board has also recommended approval of the remaining three (3) items, including the request for a height variance, which, if ultimately approved, would allow the proposed height of 67 feet, as also reflected by the proposed site plan application. The City Commission on January 5, 2010, approved this request under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No. 09- 087. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 59 of 720 FI: Possible benefit to property tax base with the ultimate development of inactive ISCAL MPACT property. A: Deny the rezoning request. LTERNATIVES 60 of 720 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF LANCORE NURSERY, LLC, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 2632 NORTH FEDERAL HIGHWAY, EAST OF FEDERAL HIGHWAY AND NORTH OF DIMICK ROAD AS MORE FULLY DESCRIBED HEREIN, FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH A MASTER PLAN FOR MULTIFAMILY USE TO INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH A MASTER PLAN FOR A MARINA USE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Lancore Nursery, LLC.,owner of the property located on the east side of Federal Highway, North of Dimick Road in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its agent, Bonnie Miskel, Esquire and Lauren Lending of Siegel, Lipman, Dunay, Shepard & Miskel, LLP., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to Infill Planned Unit Development (IPUD) with a master plan for a marina use; and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. 61 of 720 Section 2. The following described land located on the east side of Federal Highway, North of Dimick Road in Boynton Beach, Florida, as set forth as follows: LOTS 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, LAKESIDE GARDENS, Plat Book 8, page 57, according to the Plat thereof on in the Office of the Clerk of Circuit Court in and for Palm Beach County, and Lot 1, HULLS SUBDIVISION, Plat Book 2, Page 17, less and accept the west 94 feet for road right – of – way of State Road 5, according to the Plat thereof on in the Office of the Clerk of Circuit Court in and for Palm Beach County, together with riparian rights thereunto appertaining. Total area 179,130 square feet (4.11 acres) more or less. Area east of the seawall 5,318 square feet (0.12 acres) more or less Subject to easements, restrictions, reservations, covenants and rights-of-way of . record be and the same is hereby rezoned from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to Infill Planned Unit Development (IPUD) with a master plan for a marina use. A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this _____ day of _______________, 2010. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland 62 of 720 ______________________________ Commissioner – Jose Rodriguez ______________________________ ATTEST: Commissioner – Marlene Ross _______________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 63 of 720 64 of 720 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 09-087 STAFF REPORT TO:Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Hanna Matras Senior Planner DATE: November 3, 2009 PROJECT NAME/NO: Casa Del Mar Yacht Club / REZN 09-003 REQUEST: Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to IPUD with a master plan for a marina use. PROJECT DESCRIPTION Property Owner: Lancore Nursery, LLC Applicant/Agent: Lancore Nursery, LLC / Bonnie Miskel, Esq., and Lauren Lending, of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP Location: 2632 North Federal Highway – east side of Federal Highway, North of Dimick Road (see Location Map - Exhibit “A”) Existing Land Use: Special High Density Residential (SHDR) with a maximum density of 20 units per acre Existing Zoning: Infill Planned Unit Development (IPUD) with a master plan for a multifamily use Proposed Land Use: No change proposed to land use classification Proposed Zoning: Infill Planned Unit Development (IPUD) with a master plan for a marina use Proposed Use: Marina / yacht club Acreage: 4.11 acres (179,130 square feet) Adjacent Uses: 65 of 720 North: To the north, property classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), approved as Peninsula at Boynton Beach for 30 townhomes and 40 condominiums (the project is partially built and currently in foreclosure); South: Right-of-way for Dimick Road, and farther southwest, a vacant parcel classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3),and farther south, several single-family residences on the south side of Dimick Road classified Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA), with the exception of a single-family home adjacent to the vacant commercial property, which is zoned C-3; East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right-of-way for Lake Drive and single-family residences on the east side of Lake Drive that are classified Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); and, West: Right-of-way for Federal Highway to the northwest, and farther west across Federal Highway, the Crossings PUD classified High Density Residential (HDR) and zoned Planned Unit Development (PUD); to the southwest, developed commercial property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3). BACKGROUND In July of 2006, the subject property was approved for the 82 multifamily unit project, Casa Del Mar. The approvals included a land use amendment (LUAR 06-018) to the Special High Density Residential (SHDR) classification, a rezoning (LUAR 06-018) to the Infill Planned Unit Development (IPUD) zoning district, a new site plan (NWSP 06-015), and a height exception (HTEX 06-007). The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the financial feasibility of the project. Consequently, the property owners applied for and obtained three one-year time extensions – in 2007 (SPTE 07-009), 2008 (SPTE 08-009) and 2009 th (SPTE 09-010) - for the site plan and height exception. The last one, granted on September 14, 2009, will expire on July 18, 2010. Currently, the real estate market remains severely depressed and generally unsupportive of residential, and particularly multifamily projects. Given the still high unsold inventory, constrained access to financing and rising unemployment, a turnaround is not expected in the near future. Moreover, the multifamily market is likely to take much longer to recover. While retaining the current approvals, the applicant has turned to a non-residential option for the development of the property and is requesting an approval for rezoning to the Infill Planned Unit Development (IPUD) with a master plan for a marina use. The property is presently zoned IPUD; however, pursuant to the Land Development Regulations, approval of the proposed new master plan must be processed as a part of rezoning. To accommodate the proposed use in the IPUD zoning district, the city has approved, on December 1, 2009, interim amendments to the Land Development Regulations (LDR), which correspond with the concurrently approved Comprehensive Plan text amendments. The Comprehensive Plan text amendments incorporate “surface water” provisions that support greater water access including accommodations for marina uses in the coastal area consistent with the County’s Manatee Protection Plan. The code amendments implement Policies 1.3.1 and 7.11.7 with land development regulations 66 of 720 that incorporate into the Infill Planned Unit Development District (IPUD) use provisions and development standards to guide the addition of certain marine-oriented and water-dependent uses. In addition to rezoning, the applicant’s requests include a conditional use/site plan and two variances which are being processed concurrently. MASTER PLAN DESCRIPTION As indicated in the Background section, Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be constructed in one (1) phase, a site plan may take the place of the master plan, as is requested in this case. The Master Plan / Site Plan proposes a Marina / Yacht Club, which would include 320 dry and 35 wet slips, and 75,013 square feet of building area. Proposed buildings include the following: one-story boat sales showroom and office (5,000 square feet); boat (dry stack) storage (55,173 square feet) at 66 feet in height; 3-story club house, retail store, offices (9,986 square feet); one-story boat staging and washdown (4,454 square feet); and dock hand pavillion (400 square feet) with 99 parking spaces on site, including four (4) spaces designated for handicap use. and pedestrian connectivity throughout the site. 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 or a rezoning. 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 units 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. The proposed rezoning includes a master plan for a marina / yacht club, a non-residential use, therefore the first part of the criterion (a) is not applicable. The subject request is clearly consistent with several of the City’s policies, while a number of other policies raise issues that need to be addressed. The following Comprehensive Plan policies are relevant in review of the request: Land Use Element: Policy 1.3.1 (a) In addition to other allowed non-residential uses, the City may allow marine- oriented and water-dependent uses in the Special High Density Residential category in conjunction with the Palm Beach County Manatee Protection Plan (the MPP) as adopted in August of 2007. A site for a proposed facility must be designated as “preferred”[PWD1] by the Boat Facility Siting Plan contained in the MPP and must be consistent with all applicable Plan recommendations and policies for boat facilities. The City shall also establish land development regulations that maximize land use 67 of 720 compatibility and protect residential neighborhoods from negative impacts of subject uses. Policy 1.17.1 The City shall continue to attract a mix of high value industrial, commercial and residential development that will strengthen the tax base and generate employment opportunities for residents without affecting the City’s neighborhoods and community character. Coastal Management Element: Objective 7.11 The City shall continue to search for opportunities to increase the amount of water- dependent and water-related uses and public access to beach and shoreline facilities by prioritizing shoreline uses with priority given to water-dependent uses. Policy 7.11.1 The City shall continue support, through resolutions, area-wide efforts to acquire and develop additional waterfront and beachfront sites on the condition that such increases do not harm natural resources. Policy 7.11.4 The City shall consider, cognizant of impacts to established uses, criteria for marina siting to give priority to development plans which increase public interaction with the waterfront. The City shall consider developing performance standards which guide the review of proposals in this respect. Policy 7.11.7 The City shall ensure that any new marina or marina expansion minimizes impacts on coastal and marine resources by coordinating review of marina development with input from all appropriate federal, state, regional, and county agencies. The City shall establish land development regulations regarding marina siting consistent with the Palm Beach County Manatee Protection Plan. Policy 7.11.8 The City shall only allow for location of marinas, boat ramps and other water-dependent uses in a manner which protects seagrass and manatees.(….) To further this goal, new marinas shall only be permitted within the areas identified as a “Preferred” siting category in accordance with the Palm Beach County Manatee Protection Plan. Intergovernmental Coordination Element: Policy 8.13.6 The City shall support the implementation of the Palm Beach County Manatee Protection Plan, and coordinate with the County on all issues regarding compliance with the MPP’s Boat Facility Siting Plan. The request is generally consistent with the above cited policies, especially policies related to Objective 7.11 of the Coastal Management Element, which promotes opportunities to increase water-dependent and water-related uses. Moreover: (1) The marina siting in the proposed rezoning complies with the Boat Facility Siting Plan (BFSP), incorporated into the Palm Beach County Manatee Protection Plan (MPP). The subject property is located along the only segment of the City’s shoreline designated as “Preferred” in the BFSP: policies 1.3.1(a) of the Land Use Element and 7.11.8 of the Coastal Management Element limit permitting new marinas to areas with the “Preferred” designation; and (2) The proposed marina use represents a potential significant economic benefit to the city in terms of direct and indirect job generation. 68 of 720 Any potential benefits of the subject rezoning, though, need to be weighted against issues involving land use compatibility and protection of community character, as stated in Policy 1.17.1. The main intent of this policy is to protect existing and stable single-family residential neighborhoods. This intent is also present in the 2001 Federal Highway Corridor Community Redevelopment Plan (the subject property is located in the Planning Area I): the Plan recommends establishment of appropriate development standards to accomplish this goal. These recommendations were implemented through the 2004 amendments to the IPUD regulations. The recently amended Policy 1.3.1 (a) of the Future Land Use Element, that allows marina uses in the Special High Density land use designation, requires the City to make additional enhancements to land development regulations that maximize land use compatibility and protect residential neighborhoods from negative impacts of such uses. This requirement was met through the recently approved amendments to the IPUD (see the Background section). The amendments include provisions to address and mitigate potential negative visual and non-visual impacts of the proposed use, such as noise and traffic, on the surrounding residential areas. However, the amended IPUD district regulations allow a maximum building height of 45 feet, while the master plan indicates a proposed height of 66 feet for the boat storage building. Staff concludes that, for the proposed height, the protection afforded by the current regulations of the IPUD zoning district would not be adequate to ensure reasonable land use compatibility between the proposed project and the surrounding single family neighborhoods. As stated, the applicant has applied for a height variance. Further analysis of this issue can be found in the staff reports for the corresponding variances and conditional use/site plan requests. 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 land use patterns in the subject area are fairly diverse, and include both residential uses - of various densities, from high to low - and commercial uses on east side of US1, facing the roadway. There is another marina directly north of the City’s boundary. The adjacent property north of the subject parcel is the site of the partially built “Penninsula” project, and is zoned IPUD. However, the project is a residential IPUD. It still may be argued that the proposed rezoning relates to adjacent and nearby districts through its potential job creation and recreation value. Moreover, there would be a market potential for the marina spin-off businesses to locate on nearby commercial parcels. Nevertheless, serious incompatibility issues related to the requested height remain (see the previous section). c. Whether changed or changing conditions make the proposed rezoning desirable. As discussed in the Background section, the current approval for a residential project on the subject site will expire on July 18, 2010. The project is one of the many casualties of the residential market collapse. It is highly unlikely that it will be financially feasible in the nearest future. Moreover, commercial and industrial markets are also depressed. A marina / yacht club is a niche commercial use, and there are indications that “luxury” spending has to some extent recovered. Therefore, the “changing conditions”, understood as changing market conditions likely make the proposed rezoning desirable. Moreover, the ongoing recession has underscored the need for diversification of the City’s economy, for the benefit of both the community (jobs) and the City (diversification of the tax base). d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. 69 of 720 The proposed mixed-use development is compatible with utility systems, roadways, and other public facilities. This conclusion is based on the following analyses: Potable Water and Sewer Demands for water and sewer capacity will increase due to the addition of 75,013 square feet of a marina use onto the site. Total project demand for potable water is estimated to increase by 10,625 gallons per day; demand for sewer capacity is estimated to increase by 8,500 gallons per day. The following is the information regarding the city’s water and sewer capacity: Water Plant capacity 29 MGD peak daily flow SFWMD permitted withdrawals 20.9 MGD annual average daily flow Contracted amount to purchase from County 5 MGD peak daily flow Wellfields’ permitted capacity 20.9 MGD annual average daily flow Total Water System capacity 25.9 MGD annual average daily flow Expiration date of water use permit December 2029 Sewer Plant capacity 24 MGD annual average daily flow Committed or allocated capacity* 19 MGD annual average daily flow * Committed and allocated capacity includes current flows and future flows committed for projects that have been approved but not yet completed Traffic Since no change is proposed to the existing land use classification of Special High Density Residential, long-term traffic impact is consistent with the vested maximum use intensity of said classification. The applicant has also submitted a concurrency traffic impact analysis to ensure compliance with the Traffic Performance Standards (TPS) of Palm Beach County. A concurrency determination is required for a site plan (see the conditional use/site plan staff report for comments regarding this analysis). Solid waste On January, 2009, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2024. Drainage 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. See narratives for (a) and (b) above. If approved at the permitted height of 45 feet, the rezoning is reasonably compatible with the current and future use of adjacent and nearby properties. The Federal Highway Corridor Community Redevelopment Plan does not at present recommend intensification of land use in the subject area; however, future planning for energy-efficient land use patterns connected to the FEC corridor transit plan is likely to produce – in the long term - redevelopment with intensities and heights beyond the current pattern. 70 of 720 If approved at the permitted height, the rezoning may have a positive impact on local property values. Assumptions regarding the future redevelopment trends would push the property values higher as significant number of buyers may be attracted to the idea of living in the vicinity of a yacht club. Moreover, high aesthetic quality of the project would enhance the quality of the neighborhood. Conversely, at the proposed height, many buyers for single-family homes may be deterred from acquiring property adjacent to the project, which would result in lower property values. f. Whether the property is physically and economically developable under the existing zoning. Since the IPUD is a planned zoning district, the question is whether the existing residential Casa Del Mar project is physically and economically feasible. There have not been any physical constraints to the project, but, as explained in section (c), in the short term it remains economically unfeasible. 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. Most issues pertaining to this question have already been discussed in sections (b), (c), and (d). The project would benefit the City through its contribution to the economic growth and the tax base. The City would also expand its water-based industry – an important benefit for a community with a significant shoreline. Therefore, the request is “reasonably” related to the needs of the City as a whole. However, it is staff’s opinion that, at the requested height, the project is out of scale with the neighborhood, and its anticipated benefits do not outweigh its potential negative impacts. As noted before, the mitigation measures employed in the project design cannot adequately address such potential incompatibility issues. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Pursuant to the City’s Comprehensive Plan policies discussed in section (a), new marinas can only be permitted within the areas identified as a “Preferred” siting category in accordance with the Palm Beach County Manatee Protection Plan. At this time, there are no adequate and available sites along the City’s coastline within the “Preferred” marina siting designation. RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning using the criteria listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. The request is consistent with several Comprehensive Plan policies; it has also been established that the proposed development will not create additional impacts on infrastructure that cannot be accommodated within existing capacities. The project would also contribute to the overall economic growth of the City. However, staff has concluded that, at the requested height of 66 feet, the incompatibility issue cannot be adequately addressed. The project’s design would effectively mitigate potential negative impacts on the surrounding single-family neighborhoods at the allowed height of 45 feet, in which case any remaining concerns would be offset by the project’s significant benefits. Staff cannot support the proposed rezoning with the proposed height and therefore recommends that the rezoning request be approved subject to compliance with the maximum height allowed in the IPUD zoning district. 71 of 720 S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\REZN 09-003\Staff Report Rezoning.doc 72 of 720 73 of 720 74 of 720 75 of 720 76 of 720 77 of 720 78 of 720 79 of 720 80 of 720 81 of 720 82 of 720 83 of 720 84 of 720 85 of 720 9. C PUBLIC HEARING January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Casa del Mar Yacht Club, (COUS 09-004) /(NWSP 09- EQUESTED CTION BY ITY OMMISSION 004), Conditional Use and New Site Plan, located at 2632 North Federal Highway, east side of Federal Highway, north of Dimick Road. Request approval for Marina/Yacht Club including a 320-unit boat storage building; a 4,450+ square foot boat sales showroom; and a 9,986-square foot mixed-use building with club facilities, retail store, and ancillary offices within a master planned IPUD on a 4.11 acre parcel. Applicant: Sidney Atzmon, Managing member of Lancore Nursery, LLC. ER Approval for Conditional Use and New Site Plan for Casa del Mar XPLANATION OF EQUEST Yacht Club. This request is co-joined by related applications including two variances (one to increase project height above the maximum of 45 feet and one to reduce minimum tree heights as a factor of building height); and a rezoning for a new IPUD master plan. All applications are in follow-up to the recently-approved amendments to Comprehensive Plan policies and the Land Development Regulations intended to accommodate water-dependant and related uses such as marinas, on properties designated “Preferred” on the County’s Manatee Protection Plan. Staff supports the subject request, conditioned upon the reduction in building height to the maximum allowed in the IPUD zoning district of 45 feet. Staff opposes the proposed excessive height due to incompatibility with adjacent land uses, and inconsistency with the intent and purpose of the IPUD zoning regulations. The Planning and Development Board, on December 22, 2009, reviewed the subject request and forwards it with a recommendation for approval, subject to all staff conditions with the exception of the following modifications: -Revise #10 so that a permit requirement for mangrove alteration is dependent upon agency requirements; -Revise #21 to allow ultimate tree selection based on the collaboration between staff and designer necessary to maximize screening and salt-tolerence; 86 of 720 -Change #25 to allow for flexibility in bus stop locations based on needs and standards of Palm Tran; -Correct #26 to accurately identify the southern (rather than the “northern”) boundary as location of overhead lines to be burried; and -Revise #27 allowing light poles to remain at the proposed height of 20 feet, requiring light levels to be similar to the adjacent Peninnsula project, and requiring baffling to prevent off-site glare. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Possible benefit to property tax base with the ultimate development of inactive ISCAL MPACT property A: Not approve subject request. LTERNATIVES 87 of 720 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 09-082 STAFF REPORT TO: Chairman and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Kathleen Zeitler Planner II DATE:December 15, 2009 PROJECT NAME/NO: Casa del Mar Yacht Club / NWSP 09-004, COUS 09-004 REQUESTS: New Site Plan and Conditional Use PROJECT DESCRIPTION Property Owner: Lancore Nursery, LLC Applicant: Sidney Atzmon, Managing Member of Lancore Nursery, LLC Agent: Bonnie Miskel, Esq., of Siegel, Lipman, Dunay, Shepard & Miskel, LLP Location: 2632 North Federal Highway, east side of North Federal Highway, north of Dimick Road (see Exhibit “A” – Location Map) Existing Land Use/Zoning: Special High Density Residential (SHDR) / Infill Planned Unit Development (IPUD) (Residential) Proposed Land Use/Zoning: Special High Density Residential (SHDR) / Infill Planned Unit Development (IPUD) (Marina) (see REZN 09-003) Proposed Uses: Marina / Yacht Club (320 dry slips, 35 wet slips) Boat Sales 5,000 square feet Boat Storage 55,173 square feet Club House 9,986 square feet Boat Wash 4,454 square feet Dock Pavillion 400 square feet Total: 75,013 square feet Acreage: 4.11 acres (179,131sf) Adjacent Uses: 88 of 720 North: To the north, property classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), approved as Peninsula at Boynton Beach for 30 townhomes and 40 condominiums (the project is partially built and currently in foreclosure); South: Right-of-way for Dimick Road, and farther southwest, a vacant parcel classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3), and several single-family residences on the south side of Dimick Road classified Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA), with the exception of a single-family home adjacent to the vacant commercial property, which is also zoned C- 3; East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right-of-way for Lake Drive and single-family residences on the east side of Lake Drive that are classified Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); and, West: Right-of-way for Federal Highway to the northwest, and farther west across Federal Highway, the Crossings PUD classified High Density Residential (HDR) and zoned Planned Unit Development (PUD); to the southwest, developed commercial property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND In July, 2006 the subject property was approved for an 82-unit residential project known as Casa del Mar. The project approvals included a Land Use amendment (LUAR 06-018) to the Special High Density Residential (SHDR) classification, a rezoning (LUAR 06-018) to Infill Planned Unit Development (IPUD) zoning district, a new site plan (NWSP 06-015), and a height exception (HTEX 06- 007). These approvals occured during the peak of the housing market boom. However, the market started to deteriorate soon thereafter, undermining the financial feasibility of the project. Consequently, the property owners applied for and obtained three (3) time extensions – in 2007 (SPTE 07-009), 2008 (SPTE 08-009) and 2009 (SPTE 09-010) for year long extensions of the site plan and height exception th expirations. The most recent time extension was approved on September 14, 2009 and extended site plan expiration to July 18, 2010. Comprehensive Plan Text Amendments (CPTA 09-001) were initiated by city staff in July of this year, and approved by the City Commission for transmittal to the Department of Community Affairs (DCA) on September 1, 2009. Said amendments were drafted referencing the general theme of Florida Statutes, Chapter 163.3177(6)(a) to consider manatee protection needs, protection of working waterfronts, public access, and recreation and economic demands within the Comprehensive Plan. Further, the amendments were initiated to support economic development by increasing development options for those properties that are victims of the residential real estate crisis. To encourage both marina and other water-related uses, and particularly to accommodate such uses in a mixed-use setting, the IPUD zoning district was the target of this amendment. The pending amendments incorporate “surface water” provisions that support greater water access including accommodations for marina uses in the coastal area consistent with the County’s Manatee Protection Plan (MPP). The amendments also add 89 of 720 marine-oriented and water dependent uses to the uses allowed in the Special High Density Residential land use category in conjunction with the MPP. To implement the pending Comprehensive Plan text amendments, the city also initiated interim code revisions (CDRV 09-008) to Chapter 2. Section 5.L. IPUD Zoning District within the Land Development Regulations (LDR). The proposed code revisions include use provisions and development standards to guide the addition of certain marine-oriented and water-dependent uses as either mixed-use or limited single-use projects in the IPUD zoning district. The proposed use provisions and development standards are intended to facilitate the integration of selected water dependent uses into that limited portion of the coastline identified with the “Preferred” siting designation by the MPP. The proposed revisions are also intended to protect residential neighborhoods from negative impacts through, in part, proper height and setback requirements, appropriate landscaping, and design and operational requirements. The property is part of Planning Area I of the Federal Highway Corridor Community Redevelopment Plan, consisting of predominantly residential land use with some recreation land use, and local retail commercial land use fronting on North Federal Highway. Planning Area I has the pivotal role of being the north entrance into the City. The overall goal of the redevelopment plan for Planning Area I is to provide a strong residential base that is aesthetically inviting by implementing the following strategies: (1) encourage a variety of housing; (2) protect community character; (3) require a transition to the adjacent gateway neighborhoods; (4) require compatibility between uses; and, (5) enhance the visual appearance of the community. In addition to the requests for new site plan and conditional use approval for a marina, the applicant is requesting a rezoning (REZN 09-003) from IPUD with a master plan for residential use to IPUD with a master plan for a marina use. The applicant is also requesting two (2) variances (ZNCV 09-005, ZNCV 09-006) to the IPUD regulations for building height and landscaping. All of these applications are being processed concurrently. SITE FEATURES The subject property is currently vacant and has approximately 160 feet of frontage on North Federal Highway and 190 feet of frontage on the Intracoastal Waterway (ICWW). The property is comprised of Lots 8 – 24, Lakeside Gardens (Plat Book 8, Page 57) and Lot 1, Hulls Subdivision (Plat Book 2, Page 17) and totals 4.11 acres. The previous use of the property was a plant nursery, and all structures have been removed from the site. PROPOSAL Bonnie Miskel, Esq., agent for the applicant, is proposing a private marina and yacht club development. A marina is a conditional use in the newly revised provisions of the IPUD zoning district. The entire project would be built in one (1) phase. Approval of this project is contingent upon the approval of the corresponding requests for rezoning (REZN 09-003) and variances (ZNCV 09-005, ZNCV 09-006). The proposed project totals 75,013 square feet of building area and consists of the following uses (see Exhibit “B” – Site Plan): Building 1: Boat Sales Showroom and Office 5,000 square feet 1 story / 35’-0” Building 2: Boat Storage (Dry Stack) 55,173 square feet 1 story / 66’-1” Building 3: Clubhouse (Club, Offices, Store) 9,986 square feet 3 story / 42’-0” Building 4: Boat Staging and Washdown 4,454 square feet 1 story / 24’-11” Building 5: Dock Hand Pavilion 400 square feet 1 story / 13’-10” 90 of 720 The boat sales showroom fronts North Federal Highway and includes a 550 square foot office and mezzanine. The central boat storage building is a four (4)-level dry stack building that includes a 1,275 square foot office and a 3,111 square foot indoor boat maintenance area. The waterfront clubhouse building has a mix of uses consisting of a ship store, locker rooms, offices, catering kitchen, and private yachtsman’s club. The three (3) sided boat washdown building located between the forklift operation area and the north property line is proposed to mitigate noise associated with engine flushing and boat washing. A dock hand pavilion is located adjacent to the boat launching platform and fuel dispensers. Fixed staging departure docks are proposed along the north and south, leading to floating docks for 35 proposed wet slips. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division’s evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit “C” – Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens’ general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property extends from North Federal Highway to the Intracoastal Waterway. The project proposes one (1) point of ingress/egress from North Federal Highway as a single right-in, right-out driveway connection 24 feet in width. To minimize the impact of the development on the adjacent single-family uses, access from Lake Drive and Dimick Road is restricted with locked gates and knox boxes to be utilized only by emergency and waste management vehicles. Proposed structures include a boat sales showroom building fronting on North Federal Highway, a large boat storage building in the center of the site, and a boat staging/washdown building, dock hand pavilion, and clubhouse to the rear of the property near the water’s edge. A small parking lot consisting of 12 parking spaces is located behind the boat sales building. Employee parking, consisting of 40 parking spaces, is proposed on the north side of the boat storage building, and includes a control gate to preclude public access to the various boat operations areas. Guest parking consisting of 47 parking spaces is located on the south side of the boat storage building and includes a turnaround and drop-off area, and an eight (8)-foot wide pedestrian route for access from the drop-off area to the clubhouse and docks. A continuous pedestrian route provides pedestrian connectivity with handicap accessibility and extends from the proposed sidewalk along North Federal Highway through a cross-walk and then parallel to the guest parking lot, and along the south property line to the Intracoastal Waterway and docks. The applicant has submitted a traffic analysis indicating the project would generate over 1,080 vehicular trips per day. However, the analysis is currently being reviewed by the Traffic Division of 91 of 720 Palm Beach County to ensure compliance with the Traffic Performance Standards (TPS) of Palm Beach County. No building permits may be issued by the City until the Traffic Division approves the analysis for traffic concurrency requirements (see Exhibit “D” – Conditions of Approval). 2. Off-street parking and loading areas where required, with particular attention to the items in standard #1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The project proposes a total of 75,013 square feet of building area. The number of off-street parking spaces required for the marina use is based on the number of boat slips proposed (320 dry slips and 35 wet slips) at a ratio of one (1) parking space per five (5) slips, totaling 71 spaces. Additional parking is required based on other principal uses proposed (boat sales showroom, and within the clubhouse a retail store, and restaurant with bar). Based on the above proposed uses, a minimum of 144 parking spaces are required for the marina project. The site plan indicates a total of 99 parking spaces and a loading zone are to be provided (a deficiency of 45 spaces). Shared parking is proposed for the clubhouse uses that require a total of 45 spaces. The applicant has submitted a Shared Parking Assessment by Keith & Schnars that details parking characteristics and peak demand times for the proposed uses. The shared parking assessment estimates that the overall maximum weekday parking demand for the site is 32 spaces, while the overall maximum parking demand during a typical weekend (non-holiday) is 95 spaces. The parking assessment concludes that the 99 parking spaces proposed is sufficient to accommodate the hourly parking demand for a typical weekday and weekend condition. With the use of shared parking, the proposed project will meet the minimum parking requirements for the principal marina uses. The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in length and include continuous curbing and wheelstops. 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. In addition, all necessary traffic control signage and permanent markings will be provided to clearly delineate areas on site and direction of circulation. No glare is expected from the proposed development. Freestanding light poles throughout the parking areas are recommended to be limited to 15 feet, rather than the 20 feet height as proposed on the photometric plan (see Exhibit “D“ – Conditions of Approval). The north and south perimeters of the site will be secured with a six (6)-foot high buffer wall and dense landscape barrier plantings to mitigate negative impacts upon the adjacent neighborhood. Noise is projected to be minimal based on the proposed use of an automated boat retrieval system rather than the traditional forklifts. The applicant indicates that the automated system will utilize new technology that reduces noise levels of the machinery, to be comparable with the noise generated from a car. In addition, the overall project design orients building openings away from all residential neighbors. Noise will be further minimized through the use of densely planted and tiered barrier-type buffers along the north and south property lines that includes a masonry buffer wall. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. Required loading and service areas are proposed interior to the site between the boat storage building and the clubhouse. A double dumpster is proposed west of the boat washdown building, and is to be enclosed with a wall on three (3) sides and a metal gate. The dumpster is further separated from adjacent residential uses to the north by the buffer and masonry buffer wall. Refuse trucks will access the site from Lake Drive through the gated emergency access from Lake Drive. 92 of 720 4. Utilities, with reference to locations, availability, and compatibility. Due to the property’s location on North Federal Highway, utilities are already available. The proposed marina use will generate less demand for water and sewer than the originally approved residential project for the site. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The entire property boundary will include landscape buffers consisting of both canopy and palm trees as well as hedges and ground cover, and buffer walls to provide screening from adjacent properties. The buffer along the north property line is five (5) feet wide and will utilize the existing six (6) foot buffer wall erected for the Peninsula project. The northern buffer is located under existing power lines thereby requiring compliance with FP&L plant type and height requirements. Staff recommends as a condition of approval that the applicant have the utilities relocated underground so the north buffer could be upgraded to a barrier-type planting to further minimize impacts of the development on future residential use of the adjacent property (see Exhibit “D” – Conditions of Approval). The buffer along the south property line is 12 feet wide, with additional planting proposed within the right-of-way of Dimick Road and Lake Drive. For maximum buffering between the marina and the adjacent residential uses which include a single-family residential neighborhood, staff recommends that the landscape plan be revised to provide various types of plant material within the perimeter buffers that will result in denser plantings with more of a tiered barrier effect (see Exhibit “D” – Conditions of Approval). In addition to the required buffers along each property line, the site will have foundation landscaping around the buildings and landscaping within islands throughout the parking lots. The newly adopted IPUD zoning district requirements for a marina use require one-half (1/2) of the foundation plantings to be two-thirds (2/3) of the height of the building, and permit a maximum building height of 45 feet. This requirement would equate to one-half of the trees planted around the building foundations to be a minimum of 30 feet in height, depending on the proposed building height. Due to the proposed 67 foot height of the boat storage building, the applicant has requested a variance to the height of the foundation trees, to one-third (1/3) the height of the building, reducing the foundation trees around the boat storage building from a minimum of 44 feet to a minimum of 22 feet in height (see ZNCV 09-005, 09-006). The site plan tabular data indicates 16% of the subject site would be pervious landscaped area. The landscape data on sheets L-3 and L-5 indicate that the project would have a total of 131 canopy trees of which 70% are native species; 222 palm trees of which 99% are native species; 1,911 shrubs of which 98% are native species; and 3,138 groundcover plants of which 75% are native species. The project would provide a mix of canopy and palm trees. Proposed tree and palm species currently include the following: Gumbo Limbo, Orange Geiger, Silver Buttonwood, Royal Palm, Sabal Palm, and Coconut Palm. Staff is recommending that the landscape plan be revised along the north and south property lines to include Traveller’s Palm, Fish Tail Palm, and White Bird of Paradise Palm planted closely rather than some of the proposed canopy trees, in order to achieve a denser barrier planting along the perimeter (see Exhibit “D” – Conditions of Approval). 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. 93 of 720 A monument sign is proposed in front of the boat sales building along North Federal Highway. In addition, wall signage is proposed on the front of the building. Traffic control signage will be provided for directional purposes in the parking lot. Signs will be located outside of required visibility triangles and designed to be consistent with the building colors, finishes and materials. Staff recommends that the marina parking be lighted by pole standards that are a maximum of 15 feet in height, rather than the height of 20 feet indicated on the plans, in order to be more compatible with residential uses in the surrounding area (see Exhibit “D” – Conditions of Approval). Additionally, site lighting will be recessed and shielded on all sides to direct light down and away from adjacent properties and rights-of-way to prevent glare and illumination spillage onto adjacent properties. To complete the requirement for public art, a series of concrete pedestals are located along the main access drive. Marine based statuaries are planned on top of each pedestal and will be visible from North Federal Highway. 7. Required setbacks and other open spaces. The building footprints will be 67,800 square feet which is 38% of the total site area, thereby complying with the maximum lot coverage of 50% in the IPUD zoning district. As previously mentioned the site would be improved with over 16% of the land area allocated for landscaping. The site plan indicates the 5,000 square foot boat sales building is set back 10 feet from North Federal Highway and five (5) feet from the north property line. The boat storage building is positioned centrally within the site, however, the rear setback from the property line adjacent to Lake Drive is only 15 feet. In addition, the clubhouse is setback only 15 feet from the south property line adjacent to a vacant lot zoned single-family residential. The boat washdown building is setback five (5) feet from the north property line. Per the development standards for IPUD zoning, perimeter setbacks shall mirror setbacks of adjacent zoning districts but with a minimum of the setback required for a single-family residence, as determined by the orientation of the structures in the IPUD. In addition to the required setbacks, structures on the perimeter of an IPUD project must be set back one (1) additional foot for each one (1) foot in height for the perimeter structures that exceed 30 feet. All of the structures with the exception of the boat washdown building and dock hand pavilion exceed 30 feet in height. The 15 foot rear (east) setback of the boat storage building and the 15 foot side (south) setback of the clubhouse building do not comply with the above IPUD setback requirements. However, if vegetation, screening, or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the requirement for one (1) additional foot for each one (1) foot in height above 30 feet (per the new IPUD regulations for marinas in Section 5.L.4.h.(2) of the LDR). The applicant has requested that the Commission grant relief from these provisions, based upon the additional planting/buffering being provided in excess of code requirements. Sheet L-6 shows sectional elevations of these areas to demonstrate how the proposed perimeter vegetation will screen these buildings from adjacent residential for a compatible development. 8. General compatibility with adjacent properties, and other property in the zoning district. With the incorporation of staff’s recommended conditions of approval, the proposed marina project would generally be compatible with adjacent properties. The large boat storage building centered on the property dominates due to its size, height, and mass. However, the new IPUD regulations for marina buildings ensure the mitigation of mass by utilizing similar restrictions applicable to big- box commercial development. Throughout the design and review stage of this project, staff has recommended many measures to make this development more compatible with adjacent residential 94 of 720 properties. The building elevations on sheets A7.0-A7.3 have been revised to comply with the new additional design regulations for commercial buildings and boat storage facilities (Section 5.L.4.g.(9) of the LDR). The building openings are oriented away from adjacent residential properties to minimize noise impacts. For a more residential looking development, the buildings are designed with 360 degree architecture and include architectural features such as faux upper windows with vision glass, decorative window shutters and awnings, and balconettes. The use of lighter colors such as pale blue, pale yellow, and off-white on the upper portions of buildings will also help mitigate mass, in an attempt to provide compatibility with adjacent residential uses. There are also many restrictions in the new IPUD regulations for marinas that will limit accessory uses, outdoor activities, and exterior lighting. The proposed uses, with the exception of the boat sales building fronting on North Federal Highway, will be generally limited to access by patrons (private yacht club members). Most activity will take place during daylight hours on the weekends and may include movement of only twenty percent (20%) of the boats stored, according to the applicant’s justification statement. Uses such as minor repair, engine flushing, and boat washing will not be allowed outdoors. “Live-aboard” boatels and public access to the boat ramp are not proposed. The building openings are oriented to the interior of the site and the buildings are designed with additional design regulations for compatibility with adjacent residential land uses. The applicant intends to use an automated fork lift system that reduces decibel levels comparable to that of a car, and operates without back-up beeping. No outdoor loudspeakers or outdoor music is proposed. Conservation measures for water recycling and reclamation are proposed. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The height of the proposed boat storage building is 66 feet – one (1)-inch, which exceeds the current maximum building height of 45 feet allowed in the IPUD zoning district. The applicant has requested a variance to the building height to allow for today’s larger boat stacking requirements of four (4) rows high that requires a minimum building height of 60 feet when used with the proposed automated boat retrieval system (see ZNCV 09-005). Staff is not supporting the requested variance for the additional building height proposed for the boat storage building, due to incompatibility with adjacent residential land uses. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The development of the marina should not have any adverse effect on property values within the area. The proposed marina development would provide a service to boat owners in the community and increase the value of the subject property, and as a result, adjacent and nearby property values would also increase. Although the site plan for the previously approved Casa del Mar residential project has not yet expired, the applicant indicates that financing is not available for residential at this time. The adjacent partially constructed Peninsula IPUD was in foreclosure and has been taken over by the bank. The proposed marina development would help revitalize this gateway area of the city, bringing patrons with significant disposable income into the city, which would benefit neighboring businesses and the city as a whole. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III, Chapter 4. Site Plan Review, of the City’s Land Development Regulations. Where feasible, the proposed project has been designed to comply with or exceed code requirements. The architecture is tilt-up, designed to withstand winds of up to 150 miles per hour. The proposed marina facility will be state of the art, raising the bar in the industry. Buildings were designed to include residential architectural features that will complement adjacent residential development. With incorporation of staff comments noted within Exhibit “D” – Conditions of 95 of 720 Approval, the proposed project would comply with the requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City’s Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. Noise, activity, and light will be buffered by dense landscaping, six (6)-foot masonry buffer walls, the orientation of openings in buildings, the tilt-up construction, an automated retrieval system that uses new technology to reduce noise, and no outdoor speakers or sound systems. The water pre-treatment system associated with the washdown area will pretreat used water prior to discharging into the stormwater system. With incorporation of all conditions and staff recommendations contained herein, the proposed buildings and uses would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, as well as conformity with the goals of Planning Area I of the Federal Highway Corridor Community Redevelopment Plan, staff recommends APPROVAL of this request for conditional use, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit “D” – Conditions of Approval, and subject to compliance with the IPUD district standards with respect to maximum building heights. Furthermore, staff also recommends approval subject to compliance with the IPUD district standards for foundation trees, or relief granted. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit “D” accordingly. Furthermore, pursuant to Chapter 2 – Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to initiate this project. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\COUS 09-004\Staff Report.doc 96 of 720 97 of 720 98 of 720 99 of 720 100 of 720 101 of 720 102 of 720 103 of 720 104 of 720 105 of 720 EXHIBIT "D" Conditions of Approval Project name: Casa del Mar Yacht Club File number: NWSP 09-004 / COUS 09-004 Reference: 2nd review plans identified as a New Site Plan / Conditional Use with a November 24, 2009 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING 1. Prior to the issuance of a building permit for the project, a traffic analysis X and notice of concurrency approval (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering Division is required. 2. The property owner shall pay a sidewalk fee in the amount of $5,598.00 X which represents the cost to the city for the construction of the sidewalk abutting the property on Dimick Road and Lake Drive per LDR, Chapter 22, Article I, Section 5 C2. 3. Provide documentation that existing 5’ drainage easement per ORB 618, X Page 667 does not exist and/or has been vacated. 4. Provide a 12’ UE for existing sewer on property between three story building X and boat storage building. FIRE 5. At the time of permitting, provide a CAD plan for this entire project. X 6. As noted on the plans, all buildings that require a Fire Sprinkler system are X shown being fitted for one. This will require a current hydrant flow test that shall be conducted by our office within six months of submittal of the Sprinkler plans. 7. The Fire Hose Cabinets will not require fire hose. We will use our own in X case of a fire, and unless there will be a trained fire reaction force we discourage civilians from using these hoses to attack a fire. Simple standpipe connections will suffice in place of the hose cabinets. 8. Prior to permitting, revise plans to provide more information about the Fuel X Station (how the fuel will be dispensed, who will dispense it, where the emergency shut downs will be located, what model of tanks will be used, etc.). 9. There are extensive requirements for docks in the City Codes of Ordinances X (section 9-29). Please submit your plan for meeting them at time of permitting. POLICE 106 of 720 DEPARTMENTS INCLUDE REJECT Comments: None (All previous comments have been addressed). X BUILDING DIVISION Comments: None (All previous comments have been addressed). X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONME NTALIST Comments: 10. The applicant must obtain a permit from the regulatory agencies pertaining X to the existing Mangrove trees along the Eastern perimeter of the property. 11. 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 Federal Highway, Dimick Road and Lake Drive roads rights-of-ways. PLANNING AND ZONING Comments: 12. Revise site plan prior to permitting to note that development will be X constructed in one (1) phase. 13. Revise site plan prior to permitting to note how designated loading area will X be accessed by delivery trucks, and note no transient/temporary parking needed for boat trailers due to no public boat ramp or customary use of boat trailers on site. 14. Revise site plan prior to permitting to note nature of proposed uses, water X access to public or just members, hours of operation, number of employees, fueling and servicing of boats and equipment, all accessory uses proposed, etc. X Some building setbacks do not meet the intent of the IPUD zoning 15. district setback requirements in that they are not consistent with the existing setbacks within the surrounding neighborhoods. The LDR states that perimeter setbacks in the IPUD zoning district shall mirror setbacks of adjacent zoning districts, with a minimum setback required for a single-family residence. Structures on the perimeter of an IPUD project, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) in height for the perimeter structures that exceed thirty (30) feet. Revise on site plan the rear (east) setback of boat 107 of 720 DEPARTMENTS INCLUDE REJECT storage building and side (south) setback of clubhouse to comply with IPUD requirements or obtain City Commission relief for these setbacks. 16. Prior to permitting, revise site plan tabular information to include the X following: total building square footage proposed including a breakdown of gross floor area of each floor/building; and required (setbacks mirroring adjacent development) and proposed setbacks. 17. Prior to permitting, revise building elevations of boat storage building as X follows to achieve more compatibility with adjacent residential architecture: remove label of green screen, typ.; replace louver medallions to match other medallions used on building; and identify all types of material proposed (glass, metal, no score lines). 18. Prior to permitting, revise all elevations to note that all Spandrel glass shall X be designed to match the color of the Vision glass on the structures, so it is not evident that they are false glass openings. Prior to permitting samples of the proposed spandrel and vision glass shall be submitted to Planning & Zoning. 19. Prior to permitting, revise plans to reduce proposed height of boat storage X building to comply with IPUD zoning district height requirements, or obtain variance approval. 20. Prior to permitting, revise plans to provide a cross-section of boat storage X building that indicates how high boats will be required to be stacked, including overall building height and height of each stack. 21. The use of Sabal palms, Geiger trees, and Gumbo Limbo trees in the south landscape buffer will not achieve the immediate barrier planting needed to buffer/shield neighboring residential from any adverse effects of the proposed marina. Barrier type perimeter landscape buffers will require plant material other than Orange Geiger and Gumbo Limbo trees. Staff suggests replacing Orange Geiger and Gumbo Limbo trees with alternative plant material in these locations to provide a dense screen with a tiered effect, X especially when requesting relief from setback requirements for utilization of dense vegetation. Staff recommends substituting Orange Geiger and Gumbo Limbo trees with Traveller’s Palms, Fish Tail Palms, Areca Palms, or White Bird of Paradise Palms that fan out and spread. Prior to permitting, revise landscape plan to provide recommended alternative trees to achieve the barrier-type maximum screening requirement. 22. Required buffer wall is to match existing buffer wall on north property line. X Prior to permitting, revise plans to label buffer wall detail on sheet A2.2 and include wall height, materials, color (to match building). Also depict and label 6 foot buffer wall on landscape plans. 108 of 720 DEPARTMENTS INCLUDE REJECT 23. The IPUD zoning district requires the height of the plant material to be in X relation to the height of the adjacent facade or wall. The height of 50 percent of the required foundation trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3) palm trees is required to be installed within the foundation planting area every 20 feet on center along each façade. Canopy and palm trees are to be distributed along the entire façade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. Revise landscape plan to comply with IPUD requirements for foundation plantings or obtain variance approval. If variance relief is approved by the City Commission, note variance application number, approval details, and approval date on landscape plan prior to permitting. 24. Proposed planting within Dimick Road right-of-way will require approval X from Director of Public Works (see Engineering staff). Submit a copy of Director approval to plant in right-of-way. 25. The subject site is located along Palm Tran Bus Route 1. Revise site plan to X indicate a bus stop and upgraded shelter along North Federal Highway in front of the subject property is proposed as part of the project and in coordination with Palm Tran. 26. Revise plans to note that overhead utilities will be relocated underground to X provide better vegetative screening of a barrier-type perimeter buffer along the north property line. 27. Prior to permitting, revise photometrics plan to reduce height of freestanding X light poles from 20 feet to 15 feet to increase residential compatibility. Revise number of light poles needed and site photometrics accordingly. 28. Prior to permitting, revise photometrics plan to revise freestanding light pole X detail to include color and reduced height. 29. Prior to permitting, revise plans to provide a detail of the sign area, including X the dimensions, exterior finish, font, and letter color(s) (Chapter 4, Section 7.D.). 30. Prior to permitting, revise plans to provide details of signs proposed on the X building walls. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 31. Modification of COA #10 to read, “The applicant must obtain a permit, if X 109 of 720 DEPARTMENTS INCLUDE REJECT required, from the regulatory agencies pertaining to the existing Mangrove trees along the Eastern perimeter of the property”. 32. Modification of COA #21 to read, “The applicant shall work with City staff X to select salt-tolerant trees designed to provide better screening in the buffer areas, satisfactory to both parties”. 33. Modification of COA #25 to read, “Revise site plan to indicate a bus stop X and upgraded shelter along North Federal Highway in front of the subject property, or negotiate with Palm Tran to upgrade bus stop facilities at the adjacent Palm Tran stop, as deemed acceptable to staff”. 34. Modification of COA #26 to read, “Revise plans to note that overhead X utilities will be relocated underground to provide better vegetative screening of a barrier-type perimeter buffer along the north side of Dimick Road”. 35. Modification of COA #27 to read, “Freestanding light poles may be X installed at a maximum of 20 feet in height, provided the site photometrics depict illumination levels less than or equal to the residential project to the north and that the fixtures are adequately baffled. Should the illumination level of the northerly project be higher than those proposed by this project, the levels submitted with this plan shall be utilized in the design”. ADDITIONAL CITY COMMISSION CONDITIONS Comments: None X S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\COUS 09-004\COA.doc 110 of 720 111 of 720 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar Yacht Club APPLICANT’S AGENT: Bonnie Miskel, Esq., Siegel, Lipman, Dunay, Shepard & Miskel, LLP APPLICANT’S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010 TYPE OF RELIEF SOUGHT: Request New Site Plan / Conditional Use approval to allow a private marina and yacht club on a 4.11 acre parcel zoned IPUD. LOCATION OF PROPERTY: 2632 N. Federal Hwy. Boynton Beach FL DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. _______THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ___X___THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” 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. 112 of 720 7. Other ____________________________________________________________ DATED:__________________________ __________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\COUS 09-004\DO.doc 113 of 720 114 of 720 115 of 720 116 of 720 117 of 720 118 of 720 119 of 720 120 of 720 121 of 720 122 of 720 123 of 720 124 of 720 125 of 720 126 of 720 9. D PUBLIC HEARING January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Casa del Mar Yacht Club, (ZNCV 09-005) , Zoning Code EQUESTED CTION BY ITY OMMISSION Variance, located at 2632 North Federal Highway, east side of Federal Highway, North of Dimick Road. Request approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.3., “Maximum Height allowed - 45 feet”, to allow a height of 67 feet for a proposed boat storage structure, for a variance of 22 feet. Applicant: Lancore Nursery, LLC ER: Casa del Mar Yacht Club zoning code height variance for XPLANATION OF EQUEST “Maximum Height allowed – 45 feet to allow a height of 67 feet at a proposed boat storage building. This variance request is co-joined by related applications including a second variance request (against minimum tree heights within foundation plantings); a rezoning for a new IPUD master plan; and a conditional use/site plan for a marina/yacht club with 320 dry slips; 35 wet slips; a boat sales showroom; and a 3-story clubhouse with a meeting room, retail store and office space. All applications are in follow-up to the recently-approved amendments to Comprehensive Plan policies and the Land Development Regulations that accommodate water-dependant and related uses such as marinas, on properties designated “Preferred” on the County’s Manatee Protection Plan. Staff opposes the subject height variance due to lack of hardship and incompatibility with adjacent residential properties. The Planning and Development Board, on December 22, 2009, reviewed the subject request and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 127 of 720 128 of 720 129 of 720 130 of 720 131 of 720 132 of 720 133 of 720 134 of 720 135 of 720 136 of 720 137 of 720 138 of 720 139 of 720 140 of 720 141 of 720 142 of 720 143 of 720 144 of 720 145 of 720 146 of 720 147 of 720 EXHIBIT "D" Conditions of Approval Project name: Casa del Mar Yacht Club File number: ZNCV 09-005 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS 148 of 720 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\ZNCV 09-005\COA New 11-09.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 149 of 720 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar Yacht Club APPLICANT’S AGENT: Bonnie Miskel – Siegel, Lipman, Dunay, Shepard & Miskel LLP APPLICANT’S ADDRESS: The Plaza Suite 801, 5355 Town Center Rd. Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010 TYPE OF RELIEF SOUGHT: Relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.3., Maximum Height allowed - 45 feet, to allow a height of 67 feet for a proposed boat storage structure, for a variance of 22 feet. LOCATION OF PROPERTY: 2632 N. Federal Highway Boynton Beach, FL 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 150 of 720 S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\ZNCV 09-005\DO Revised for P&D New 11-09.doc 151 of 720 152 of 720 153 of 720 154 of 720 155 of 720 156 of 720 157 of 720 158 of 720 159 of 720 160 of 720 161 of 720 162 of 720 163 of 720 164 of 720 9. E PUBLIC HEARING January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Casa del Mar Yacht Club, (ZNCV 09-006), Zoning Code EQUESTED CTION BY ITY OMMISSION Variance, located at 2632 North Federal Highway, east side of Federal Highway, North of Dimick Road. Request approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.4.g.11.(p), "Additional Design Regulations", requiring the height of 50% of required trees be a minimum of two-thirds the height of the building, to allow the required trees to be planted at one-third the height of the building, at a boat storage structure within a proposed yacht club/marina, located at 2632 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Lancore Nursery, LLC ER: Casa del Mar Yacht club zoning code variance from the “Additional XPLANATION OF EQUEST Design Regulations” requiring that 50% of the trees be a minimum of two-thirds the height of the building. This variance request is co-joined by related applications including a second variance request (against the maximum building height); a rezoning for a new IPUD master plan; and a conditional use/site plan for a marina/yacht club with 320 dry slips; 35 wet slips; a boat sales showroom; and a 3-story clubhouse with a meeting room, retail store and office space. All applications are in follow-up to the recently-approved amendments to Comprehensive Plan policies and the Land Development Regulations that accommodate water-dependant and related uses such as marinas, on properties designated “Preferred” on the County’s Manatee Protection Plan. Staff supports the subject variance request if in conjunction with approval of the height variance. Otherwise, staff would oppose relief given to the maximum tree heights designed for a project with a building no taller than 45 feet. The Planning and Development Board, on December 22, 2009, reviewed the subject request and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 165 of 720 FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 166 of 720 167 of 720 168 of 720 169 of 720 170 of 720 171 of 720 172 of 720 173 of 720 174 of 720 175 of 720 176 of 720 177 of 720 178 of 720 179 of 720 180 of 720 181 of 720 182 of 720 183 of 720 184 of 720 185 of 720 EXHIBIT "D" Conditions of Approval Project name: Casa del Mar Yacht Club File number: ZNCV 09-006 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry 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: 1. Applicant shall submit a revised landscape plan, to be approved by the City X Forester, depicting the substitution of more dense and wider spreading tree species for the proposed Orange Geiger and Gumbo Limbo trees, in an effort to create a denser landscape barrier to the adjacent residential properties. 186 of 720 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\ZNCV 09-006\COA New 11-09.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 187 of 720 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar Yacht Club APPLICANT’S AGENT: Bonnie Miskel – Siegel, Lipman, Dunay, Shepard, & Miskel LLP APPLICANT’S ADDRESS: The Plaza Suite 801, 5355 Town Center Rd. Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010 TYPE OF RELIEF SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.4.g.11.(p)., Additional Design Regulations, requiring the height of 50% of required trees to be a minimum of two-thirds of the height of the building, to allow the required trees to be planted at one-third of the height of the building. LOCATION OF PROPERTY: 2632 N. Federal Highway Boynton Beach, FL 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 188 of 720 S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\ZNCV 09-006\DO Revised for P&D New 11-09.doc 189 of 720 190 of 720 191 of 720 192 of 720 193 of 720 194 of 720 195 of 720 196 of 720 197 of 720 198 of 720 199 of 720 200 of 720 201 of 720 202 of 720 9. F PUBLIC HEARING January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO.10-003 -- FIRST EQUESTED CTION BY ITY OMMISSION READING - Hemingway Square Medical Office land use amendment/rezoning (LUAR 09-004). Amend the Future Land Use Map classification for the 1.249 acre property from Special High Density Residential (SHDR) to Local Retail Commercial (LRC) PROPOSED ORDINANCE NO. 10-004 -- FIRST READING - Approve rezoning the property from Infill Planned Unit Development (IPUD) to C-3 Community Commercial. ER: The above request applies to the site of the expired townhouse XPLANATION OF EQUEST project known as Hemingway Square. The request, if approved, would return the property to its previous LRC land use classification, and to commercial zoning. In addition to the land use amendment and rezoning, the applicant is requesting site plan approval for a 18,000 square foot, two-story office building and related site improvements. The requested land use amendment is a “small scale” amendment and therefore is not subject to a full review by state and regional agencies prior to adoption. Staff recommends that the subject request be approved. The Planning and Development Board recommended that the subject request be approved on December 22, 2009. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Possible benefit to property tax base with the ultimate development of inactive ISCAL MPACT property. A: Deny the land use amendment and rezoning request. LTERNATIVES 203 of 720 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY ROBERT VITALE, AND LOCATED AT 2319 SOUTH RD FEDERAL HIGHWAY, NORTHWEST CORNER OF SE 23 AVENUE AND FEDERAL HIGHWAY; CHANGING THE LAND USE DESIGNATION FROM SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City’s adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land located at 2319 South Federal rd Highway, northwest corner of Southeast 23 Avenue and Federal Highway; changing the land use designation from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). 204 of 720 LOTS 1 THROUGH 5, “ROBINSON ADDITION”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM COUNTY, FLORIDA. CONTAINING 55,955 SQUARE FEET / 1.285 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. LESS EXISTING R-O-W FOR U.S. HIGHWAY NUMBER 1 (STATE RD 5) AND LESS RD EXISTING R-O-W FOR SE 23 AVENUE; AND INTERSECTION OF US HIGHWAY 1 RD AND SE 23 AVENUE Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this _____ day of _______________, 2010. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2010. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor 205 of 720 ____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez ______________________________ Commissioner – Marlene Ross ATTEST: _______________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 206 of 720 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF ROBERT VITALE, REALTY ACQUISITIONS & TRUST, INC., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 2319 SOUTH FEDERAL HIGHWAY, NORTHWEST CORNER OF SOUTHEAST 23 AVENUE AND FEDERAL HIGHWAY AS MORE FULLY DESCRIBED HEREIN, FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) TO COMMUNITY COMMERCIAL (C-3); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Robert Vitale of Realty Acquisitions & Trust, Inc.,has filed a petition to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City’s Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land located at 2319 South Federal Highway, the northwest corner of South Federal Highway and Southeast 23 Avenue is hereby rezoned from Infill Planned Unit Development (IPUD) to Community Commercial (C-3): 207 of 720 LOTS 1 THROUGH 5, “ROBINSON ADDITION”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM COUNTY, FLORIDA. CONTAINING 55,955 SQUARE FEET / 1.285 ACRES, MORE OR LESS. SUBJECT TO EASMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. LESS EXISTING R-O-W FOR U.S. HIGHWAY NUMBER 1 (STATE RD 5) AND LESS RD EXISTING R-O-W FOR SE 23 AVENUE; AND INTERSECTION OF US HIGHWAY 1 RD AND SE 23 AVENUE A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this _____ day of _______________, 2010. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez ______________________________ ATTEST: Commissioner – Marlene Ross 208 of 720 _______________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 209 of 720 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 09-088 STAFF REPORT TO: Chairman and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Hanna Matras Senior Planner DATE:December 10, 2009 PROJECT NAME/NO: Hemingway Square Medical Office / LUAR 09-004 REQUEST: Amend the Future Land Use Map classification on the property from Special High Density Residential (SHDR) to Local Retail Commerical and rezone the property from Infill Planned Unit Development (IPUD) to C-3 Community Commercial. PROJECT DESCRIPTION Property Owner/Applicant: Robert Vitale, Realty Acquisitions & Trust, Inc. Agent: Jose G. Fernandez, Slattery and Associates Architects & Planners Location: 2319 South Federal Highway (see Exhibit “A” – Location Map) Existing Land Use/Zoning: SHDR (Special High Density Residential) / IPUD (Infill Planned Unit Development) Proposed Land Use/Zoning: LRC (Local Retail Commercial) / C-3 (Community Commercial) Proposed Use: Medical Office Acreage: 1.249 Adjacent Uses: North: Property designated Local Retail Commercial (LRC) and zoned C-3 Community Commerical but occupied by a single-family residence. To the northwest, property designated High Density Residential (HDR) and zoned R-3 Multi-Family Residential; rd South: Right-of-way for SE 23 Avenue, and farther south property designated Local Retail Commerical (LRC) and zoned C-3 Community Commercial (Sunoco Gas station). To the southwest, property designated Special 210 of 720 High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), developed with 64 unit townhouses (Coastal Bay Colony); East: Right-of-way for Federal Highway, then Tuscany on the Intracoastal, a codominium complex designated Special High Density Residential (SHDR) and zoned R-3 Multi-Family Residential; and West: Property designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, currently occupied as a single-family rd residence with frontage on SE 23 Avenue. EXECUTIVE SUMMARY Staff recommends that the requested land use amendment and rezoning be approved for the following reasons: 1. The request is consistent with the goals and objectives of the Comprehensive Plan; 2. The request is consistent with the intent of the Federal Highway Corridor Community Redevelopment Plan; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by existing capacities (traffic impact on the roadway network has not yet been analysed) ; and, 4. The proposed development will contribute to the overall economic diversification and economic growth of the City. The submittal of the Land Use Plan Amendment (LUPA) traffic impact report is a condition of approval for this request. BACKGROUND In July of 2006, the subject property was approved for a project consisting of 21 townhouse units (Hemingway Square). The approvals included a land use amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) and a rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (IPUD). The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the financial feasibility of the project. (the data on the Palm Beach county housing market has consistently shown the townhouse market to be especially depressed). The property owner did not apply for a site plan time extension and, consequently, the site plan expired in July of 2007. The IPUD is a planned zoning district and therefore expiration of the master plan/site plan technically implies concurrent invalidation of rezoning action, which means that the application for a new site plan with an IPUD zoning district would require a concurrent submittal of the rezoning application even though the Zoning Map continues to show the IPUD designation on subject property. The IPUD regulations (as opposed to those of several other planned zoning districts) do not include explicit provisions regarding time limitations for development of an IPUD- zoned property. However, Chapter 2, Section 9.C.13 of the Land Development Regulations contains such provisions, applicable to rezoning in general. The code stipulates that, if no action is taken within 18 months of the approval of rezoning, the City Comission shall review the zoning, and may direct the city manager to file an application for “a more restrictive zoning district or a land use category”. The Commission took no 211 of 720 action to initiate possible reversion of the zoning and land use to the previous/more restrictive zoning district or land use category. Given the market situation, the applicant has turned to a non-residential option for the development of the property, a medical office. The applicant’s request, if approved, would amend the property land use to its previous LRC classification. The previous zoning was a mix of C-2 Neighborhood Commercial and C-3 Community Commercial; the C-3 zoning is requested. PROJECT ANALYSIS The parcel, which are the subject of this land use amendment, totals 1.249 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a “small scale” amendment. A “small-scale” amendment is adopted prior to forwarding to the Florida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. 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 or a rezoning. i. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling units 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. The C-3 zoning district allows multifamily dwellings with a maximum density of 10.8 dwelling units per acre, a decrease from the previous 20 units per acre in the IPUD, therefore the first part of the criterion (a) is not applicable. The subject request is consistent with City’s Comprehensive Plan objectives and policies, including the following: Objective 1.17 The City shall pursue economic development opportunities to support a competitive and diversified economy. Policy 1.17.1 The City shall continue to attract a mix of high value industrial, commercial and residential development that will strengthen the tax base and generate employment opportunities for residents without affecting the City’s neighborhoods and community character. Objective 1.8 The City shall discourage the proliferation of urban sprawl and shall facilitate a compact urban development pattern that provides opportunities to more efficiently use and develop infrastructure, land, and other resources and services by concentrating more intensive growth within the City and the City’s utility service area. 212 of 720 The request is also consistent with the Federal Corridor Community Redevelopment Plan, which recommends commercial uses in Planning Area V, where the subject property is located, to be community-serving in nature. j. 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 land use patterns in the subject area are fairly diverse, and include both residential uses of varying densities and commercial uses. Several properities are clearly uderutilized or developed with non- conforming uses. Some properties were redeveloped in recent years; however, the general land use pattern remains generally inefficient. The proposed rezoning would not create an isolated district, since properties north and southeast of the subject parcel are zoned C-3; these properties, as well as the property west of the subject parcel, have the LRC land use designation, requested by the applicant. k. Whether changed or changing conditions make the proposed rezoning desirable. As discussed in the Background section, the previously approved project is one of the many casualties of the residential market collapse. It is highly unlikely that it will be financially feasible in the nearest future. Even though commercial and industrial markets are also depressed, a C-3 zoning would give the applicant a number of choices, including those which may do better under the current market conditions (such as the proposed medical office). Moreover, the ongoing recession has underscored the need for diversification of the City’s economy, for the benefit of both the community (jobs) and the City (diversification of the tax base). l. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning is compatible with utility systems, roadways, and other public facilities. This conclusion is based on the following analyses: Potable Water and Sewer Demands for water and sewer capacity will increase due to the addition of 18,000 square feet of medical office onto the site, which is currently vacant (commitments for the previous approval were voided with the expiration of the site plan). Total project demand for potable water is estimated to increase by 4,500 gallons per day. Demand for sewer capacity is estimated to also increase by 3,600 gallons per day. The City’s water, sewer and wastewater treatment capacity is available to serve the project (see the table below). Water Plants’ installed capacity 29 MGD peak daily flow SFWMD permitted withdrawals 20.9 MGD annual average daily flow Contracted amount to purchase from County 5 MGD peak daily flow Wellfields’ permitted capacity 20.9 MGD annual average daily flow Total water system capacity 25.9 MGD annual average daily flow Committed or allocated capacity 19.8 MGD annual average daily flow 213 of 720 System’s remaining capacity 6.1 MGD annual average daily flow Expiration date of water use permit December 2029 Sewer Plant capacity 24 MGD annual average daily flow Committed or allocated capacity* 19 MGD annual average daily flow * Committed and allocated capacity includes current flows and future flows committed for projects that have been approved but not yet completed Traffic The applicant has yet to submit the Land Use Plan Amendment (LUPA) traffic impact analysis that will consider long term traffic impacts of the proposed amendment. This requirement will remain as a condition of approval until met. The concurrency traffic impact analysis, which determines if the proposed development conforms to the Palm Beach County Traffic Performance Standards Ordinance, was submitted for the site plan application (NWSP 09-004) that is being processed concurrently. Solid waste On January, 2009, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2024. Drainage 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. m. 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 would not create any compatibility issues with the current use of adjacent and nearby properties. As discussed in section (b), the land use patterns are inefficient and economically obsolete, with underutilized and non-conforming uses. n. Whether the property is physically and economically developable under the existing zoning. As discussed in the Background section of this report, the existing zoning – IPUD – is a planned zoning district for which the previous site plan expired in 2007. Developing the site under the existing zoning would require a rezoning action. The IPUD is essentially a residential zoning district: commercial uses are limited to uses serving residents of the project developed on the site. There are no physical contraints involved in residential development of the property, but economic feasibility of such option remains challenged by market conditions. o. 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 rezoning is of a scale which is reasonably related to the needs of both the neighborhood – in terms of provision of medical services - and also the city as a whole. Boynton Beach is a location of Bethesda Memorial Hospital, a major regional multi-service hospital and one of the main local employers. Some 22% of all employment within the City is concentrated in the health care sector, which continues to grow. The sector has been proven to do very well in the current recession, and is very important to Boynton’s current and future economic position within the region. Moreover, aging population will generate increasing demand for medical services. 214 of 720 p. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are probably adequate sites elsewhere in the City for the proposed use; however, in terms of its location, the subject site is well-suited for a medical office. It can serve populations of the adjacent residential developments: about 10,000 live within one mile of the site. Moreover, it is located within a reasonable distance to a concentration of medical office uses surrounding Bethesda hospital (within 0.5 miles of the hospital itself), thus potentially contributing to the greater efficiency of service provision. RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning/land use amendment and found it consistent with the Comprehensive Plan objectives and policies. The rezoning would also contribute to the overall economic diversification and economic growth of the City. The analysis also indicates that the proposed development will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; this analysis did not, however, inlude long-term traffic impact since the applicant has not as yet submitted the LUPA traffic impact report. Therefore, staff recommends that the subject request be approved, with a condition that the LUPA report be submitted and its conclusions accommodated as appropriate. S:\Planning\SHARED\WP\PROJECTS\Hemingway Square nka Boynton Beach Medical Office\Boynton Beach Medical Office\LUAR 09-004\LUAR 09-004 Staff Report.doc 215 of 720 216 of 720 217 of 720 218 of 720 219 of 720 9. G PUBLIC HEARING January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Hemingway Square Medical Office, (NWSP 08-003), New EQUESTED CTION BY ITY OMMISSION rd Site Plan, located at 2319 South Federal Highway, northwest corner of SE 23 Avenue and South Federal Highway. Approve new site plan for a two-story, 18,000 square foot medical / professional office building on a 1.24 acre parcel in a proposed C-3 zoning district. Applicant: Robert Vitale, Realty Acquisitions & Trust, Inc. ER: New Site Plan (NWSP 09-003) for Hemingway Square Medical XPLANATION OF EQUEST Office. Previous land use on the subject property included a furniture store (Baker’s Furniture), a medical office, and a single-family home. All structures have been demolished and the property is currently cleared. On July 5, 2006 the property was rezoned from Neighborhood Commercial (C-2) and Community Commercial (C-3) to Infill Planned Unit Development (IPUD) for a 21-unit townhouse development known as “Hemingway Square”. The approved site plan for that residential project has since expired. Once the conditions of approval (totaling only 14 comments) are satisfied, this new project will comply with all city requirements, including the ultimate contribution to the public art program; the urban overlay setbacks (no parking is placed along Federal Highway); and energy-conserving landscaping (high percentage of drought-tolerant plants and the minimal use of sod). City staff supports the nd project, and the Planning & Development Board reviewed the project on December 22 and forwards it to the Commission with a recommendation of approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 220 of 720 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 09-079 STAFF REPORT TO: Chairman and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Kathleen Zeitler Planner II DATE:December 15, 2009 PROJECT NAME/NO: Hemingway Square Medical Office / NWSP 08-003 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Robert Vitale, Realty Acquisitions & Trust, Inc. Applicant: Robert Vitale, Realty Acquisitions & Trust, Inc. Agent: Jose G. Fernandez, Slattery and Associates Architects & Planners Location: 2319 South Federal Highway (see Exhibit “A” – Location Map) Existing Land Use/Zoning: Special High Density Residential (SHDR) / Infill Planned Unit Development (IPUD) Proposed Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) (see LUAR 09-004) Proposed Uses: Medical Office (16,800 sf) Business Office (1,200 sf) Acreage: 1.25 acre (54,419 sf) Adjacent Uses: North: Property classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3), but occupied by a single-family residence. To the northwest, property classified High Density Residential (HDR) and zoned Multi-family Residential (R-3); rd South: Right-of-way for SE 23 Avenue, and farther south property classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3) 221 of 720 (Sunoco Gas station). To the southwest, property classified as Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD) developed with 64 unit townhouses (Coastal Bay Colony); East: Right-of-way for South Federal Highway, and farther east property classified as Special High Density Residential (SHDR) and zoned Multi- family Residential (R-3) developed with 286 unit condominiums (Tuscany on the Intracoastal); and West: Property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2) currently occupied as a single-family rd residence with frontage on SE 23 Avenue. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND Site Features: The subject property is vacant and has approximately 140 feet of frontage on rd South Federal Highway and 360 feet of frontage on SE 23 Avenue. The property is comprised of Lots 1 – 5, Robinson’s Addition (Plat Book 23, Page 144) which total 1.25 acre. A Unity of Title has recently been recorded to combine all the lots into one (1) lot. The property is part of Study Area V of the Federal Highway Corridor Redevelopment Plan. Several utilities are located near the intersection at the southeast corner of the site. Previous land use on the subject property included a furniture store (Baker’s Furniture), a medical office, and a single-family home. All structures on site from the previous uses have been demolished. On July 5, 2006 the subject property was reclassified from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) and rezoned from Neighborhood Commercial (C-2) and Community Commercial (C-3) to Infill Planned Unit Development (IPUD) for a 21- unit townhouse development known as Hemingway Square (LUAR 06-006, NWSP 06-007). The approved site plan for the residential development has since expired. Proposal: José Fernandez, Principal, of Slattery and Associates Architects Planners, as agent for the applicant, is proposing an office building of 18,000 square feet on site. The building will consist of 16,800 square feet of medical office use, and 1,200 square feet of business office use. Both medical and business office uses are permitted in the Community Commercial (C-3) zoning district. The entire project would be built in one (1) phase. The applicant is requesting a concurrent small scale land use plan amendment from Special High Density Residential (SHDR) to Local Retail Commercial (LRC) and rezoning from Infill Planned Unit Development (IPUD) to Community Commercial (C-3) (see LUAR 09-004). Approval of this project is contingent upon the approval of the corresponding requests for a land use amendment and rezoning. ANALYSIS 222 of 720 Concurrency: Traffic: A revised 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. The required traffic concurrency is pending approval at this time. No building permits may be issued by the City for this project until the Traffic Division approves the analysis for traffic concurrency requirements (see Exhibit “D” – Conditions of Approval). Per a condition of approval for the previously approved Hemingway Square townhouse project, a road reservation consisting of a five (5) foot wide strip along rd the south property line adjacent to SE 23 Avenue and a corner clip at the intersection is required to be dedicated to Palm Beach County for future right-of- way, as shown on the plans. To date, the applicant has not dedicated the land to Palm Beach County. Staff is recommending a recorded dedication of the land prior to the issuance of a building permit for this project (see Exhibit “C” – Conditions of Approval). School: School concurrency is not required for this type of project. Utilities: The City’s water capacity, as increased through the purchase of up to five (5) 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. Police/Fire: Staff has reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. 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 reivew (see Exhibit “C” – Conditions of Approval). Vehicular Access: No vehicular access is proposed from South Federal Highway due to the width of the lot and distance from the intersection. The project proposes one (1) point of rd ingress/egress from SE 23 Avenue consisting of a two (2)-way drive 24 feet wide and located approximately 120 feet west of the intersection. Circulation: All access, parking, and vehicular circulation is located west of the proposed office building and includes two (2)-way circulation throughout the parking lot, as well as a covered drop-off area at the west building entrance. Parking: The project proposes a total of 18,000 square feet (16,800 square feet of medical office and 1,200 square feet of business office). Parking for a medical office use requires one (1) space per 200 square feet of gross floor area. Parking for a business use requires one (1) space per 300 square feet of gross floor area. Based on the above, a minimum of 88 parking spaces are required. The site plan indicates a total of 88 parking spaces are to be provided, including four (4) covered handicap spaces near the building’s west entrance. The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in langth and include continuous curbing. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division 223 of 720 and Building Division. In addition, all necessary traffic control signage and permanent markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The site plan indicates that 26% of the site would be pervious consisting of landscaped and open space areas. The landscape plan shows that the north buffer is five (5) feet wide and would include a six (6) foot masonry buffer wall. The west buffer is seven (7) feet wide and also includes a buffer wall. The south rd buffer along SE 23 Avenue is seven (7) feet wide. The east buffer along Federal Highway varies from 10 feet to 15 feet wide. The landscaping provides a complimentary mix of canopy and palm trees such as Gumbo Limbo, Silver Buttonwood, East Palatka Holly, and Live Oak canopy trees and Florida Royal Palm, Sabal Palm, and Christmas Palms. The amount of landscaping provided will slightly exceed the minimum requirements. To conserve water and the need for mowing small areas of sod, the landscape plan has been revised to eliminate all small sod areas and replace with groundcovers. Staff recommends a continuation of the groundcover within the dedicated area rd south of the sidewalk along SE 23 Avenue (see Exhibit “C” – Conditions of Approval). The landscape code requires that 50% or more of the plant material be native species. The plant list (sheet L-1) indicates the landscape plan complies with this requirement. A total of 1,559 plants are native species, out of the total of 3,115 plants provided. The landscape plan notes indicate that non-potable water will be used as the source of irrigation for the project. The plans indicate a proposed irrigation well is to be located at the northwest corner of the subject property. Building and Site: The proposed 18,000 square foot office building is designed as a two (2)-story structure, with a covered drop-off area and under-story handicap parking. The floor plans indicate future tenant spaces that would include offices and restrooms. The ground floor plan (sheet A-201) consists of 6,025 square feet of office space, in addition to mechanical rooms, and a lobby area with an elevator and stairway. The second floor plan (sheet A-202) consists of 9,315 square feet of office space, in addition to a janitor room, and a lobby area with an elevator and stairway. A second stairway is proposed on the north side of the building. The remainder of the site would consist of surface parking and landscaped areas. Pedestrian circulation is proposed by sidewalks along South Federal rd Highway and SE 23 Avenue. Building Height: The building elevations (sheets A-301, A-302) indicate the top of the roof parapet wall would be 31 feet, and the highest elevation would be an arched wall 36 feet 4 inches in height on the east elevation. The proposed building height is well below the maximum height of 45 feet allowed in the C-3 zoning district. Building Design: The modern office building design would include a smooth stucco finish on masonry walls with stucco banding, and concrete eyebrows at the top of each floor for visual interest and shadowing on the building. According to the elevations and materials board, the main base would color of the office building would be white: “Eider White” and recessed walls would be “Rambling Rose”. Windows, glass doors, and aluminum curtain walls would be green tinted impact resistant vision glass and include gloss white aluminum louvered shutters on first floor windows. Metal doors would also be gloss white. All paints would be Sherwin Williams. 224 of 720 Site Lighting: The photometric plan (sheet A-701) proposes two (2) freestanding single light fixtures and three (3) freestanding double light fixtures throughout the parking lot. The freestanding pole fixtures would be metal with a painted finish of durabronze at a planned height of 25 feet. Staff recommends that the parking lot lighting be reduced to a maximum of 20 feet in height in order to be more compatible with residential uses in the surrounding area (see Exhibit “C” – Conditions of Approval). Additionally, site lighting will be recessed and shielded on all sides to direct light down and away from adjacent properties and rights-of-way to prevent glare and light spillage onto adjacent properties. Site Signage: The site plan indicates a monument sign for the office buildng is proposed near the northeast corner of the building and is set back 10 feet as required. Per the sign detail on sheet A-102, the sign will comply with the maximum sign height of eight (8) feet, and the maximum sign face area of 64 square feet. Sign materials include smooth stucco finish painted to match the colors of the office building. Public Art: An open space for public art exhibition is reserved on site to be visible from South Federal Highway. The artwork proposed is a sculpture near the east building entrance. This artwork would complement the modern architecture of the proposed office building and 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 this request for New Site Plan and recommends approval of the plans presented, contingent upon approval of the accompanying prerequisite application for land use amendment / rezoning (LUAR 09-004), and subject to 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\Hemingway Square nka Boynton Beach Medical Office\ Boynton Beach Medical Office\ NWSP 08- 003\Staff Report.doc 225 of 720 226 of 720 227 of 720 228 of 720 229 of 720 230 of 720 231 of 720 232 of 720 233 of 720 EXHIBIT “C” CONDITIONS OF APPROVAL New Site Plan Project name: Hemingway Square Medical Office File number: NWSP 08-003 st Reference: 2ndreview plans identified as a New Site Plan with a December 7, 2009 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS – Solid Waste Comments: None (All previous comments have been addressed). X PUBLIC WORKS – Forestry Comments: None (All previous comments have been addressed). X PUBLIC WORKS-Traffic Comments: 5. Prior to the issuance of a building permit for the project, a traffic analysis X and notice of concurrency approval (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering Division is required. 6. Revise plans to provide required fire lanes in accordance with the LDR, X Chapter 23, Article II, Section B.2 and Section M. ENGINEERING Comments: 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at the time of permitting. UTILITIES Comments: None (All previous comments have been addressed). X FIRE 234 of 720 DEPARTMENTS INCLUDE REJECT Comments: None (All previous comments have been addressed). X POLICE Comments: 4. Construction Site – CPTED Conditions of Approval: Prior to issuance of the X first building permit, the applicant shall prepare a construction site security and management plan for approval by the City’s Police department CPTED Official.  The developer/project manager after site clearing and placement of construction trailers shall institute security measures to reduce or eliminate opportunities for theft. The management plan shall include, but not be limited to, temporary lighting, security personnel, vehicle barriers, construction/visitor pass, reduce/minimize entry/exit points, encourage sub contractors to secure machinery, tools at end of work day and/or any other measure deemed appropriate to provide a safe and secure working environment.  The security management plan shall be maintained throughout the construction phase of the project. Non-compliance with the approved plan shall result in a stop-work order for the entire planned development. 5. Conditions for approval: X  Landscaping shall not conflict with lighting  Landscaping should not obstruct view from doors, windows or walkways.  Building lighting (non- glare) should be around perimeter of all sides and on pedestrian sidewalk.  All perimeter doors should be equipped with reinforced, case hardened strike plate.  Rear door shall have 180- degree peephole or security window.  Delivery doors/bays should be secured with locks and alarm system. BUILDING DIVISION Comments: 6. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these 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. 235 of 720 DEPARTMENTS INCLUDE REJECT X Identify within the site data the finish floor elevation (lowest floor 7. elevation) 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:  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.  A water use permit from SFWMD is required for an irrigation system that 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. If capital facility fees (water and sewer) are paid in advance to 8. X the City of 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) X Pursuant to approval by the City Commission and all other 9. outside agencies, 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. The full address of the project shall be submitted with the 10. X construction 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.  Palm Beach County Planning, Zoning and Building Division (Sean McDonald 561-233-5013)  United States Post Office, Boynton Beach, (Michelle Bullard - 561-734-0872). PARKS AND RECREATION Comments: None (all previous comments have been addressed). X FORESTER/ENVIRONME NTALIST 236 of 720 DEPARTMENTS INCLUDE REJECT Comments: None (All previous comments have been addressed). X PLANNING AND ZONING 11. Prior to the issuance of a building permit for the project, all project utilities X rd along the rights-of-way of Federal Highway and SE 23 Avenue are required to be located underground. 12. Prior to the issuance of a building permit for the project, the 5’ wide X rd reservation on SE 23 Avenue and required corner clip as shown on the plans shall be dedicated to Palm Beach County and recorded into public record. 13. At time of permitting, revise photometric plan to reduce freestanding light X poles on site from 25 feet to a maximum of 15 feet above grade to be more compatible with residential uses in the surrounding area. 14. Prior to permitting, revise landscape plan to eliminate all sod areas proposed X on the site and add additional groundcover species as accent, to eliminate need for more intensive irrigation zones and need for mowing. Continue same groundcover within dedicated area next to sidewalk south of project and update plant materials list, % native vegetation, etc. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. MWR/kz S:\Planning\SHARED\WP\PROJECTS\Hemingway Square nka Boynton Beach Medical Office\Boynton Beach Medical Office\NWSP 08-003\ COA.doc 237 of 720 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hemingway Square Medical Office APPLICANT: Robert Vitale, Realty Acquisitions & Trust, Inc. AGENT: Jose Fernandez of Slattery & Associates Architects & Planners APPLICANT’S ADDRESS: 2060 NW Boca Raton Blvd. Suite 2 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010 TYPE OF RELIEF SOUGHT: Request new site plan approval for an 18,000 square foot medical office building on a 1.25 acre parcel in a proposed C-3 zoning district. LOCATION OF PROPERTY: 2319 S. 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\Hemingway Square nka Boynton Beach Medical Office\Boynton Beach Medical Office\NWSP 08-003\DO New 11- 09.doc 238 of 720 239 of 720 240 of 720 9. H PUBLIC HEARING January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Land Development Regulations – Rewrite Group 7 EQUESTED CTION BY ITY OMMISSION (CDRV 07-004), Code Review, pursuant to the LDR Rewrite Work Schedule, including amendments to Chapter 2, Article II (Planning and Zoning Division Services) to add Lot-Line Modification provisions; Chapter 2, Article III (Engineering Division Services); Chapter 2, Article IV (Building Division Services); Chapter 2, Article V (Business Tax Services); and Chapter 2, Article VI (Impact and Selected Fees). Applicant: City-initiated ER: Group 7, which is the subject of this item, is comprised of all the XPLANATION OF EQUEST City’s land development processes and procedures. Land development applications and processes are found in all codes, but typically throughout multiple sections, articles, and chapters. This proposed format, however, attempts to consolidate all processes and procedures into one chapter of the new code. Below is a list of all the articles associated with what has become commonly known as the “processes chapter”. The title of each article (in bold) are submitted as follows with this portion of Group 7: Chapter 2. Land Development Processes Article I. Overview Article II. Planning and Zoning Division Services Article III. Engineering Division Services Article IV. Building Division Services Article V. Business Tax Services Article VI. Impact and Selected Fees 241 of 720 The Planning and Development Board reviewed this item on December 22, 2009 and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request or approve with modifications. LTERNATIVES 242 of 720 DEPARTMENT OF DEVELOPMENT Memorandum PZ 09-086 Chair and Members, TO: Planning and Development Board Michael Rumpf THRU: Director of Planning and Zoning Eric Lee Johnson, AICP FROM: Planner II December 16, 2009 DATE: LDR Rewrite Project - A portion of Group 7, which includes the RE: following:  An amendment to Chapter 2, Article II Planning and Zoning Division Services to add Lot-Line Modification provisions;  Chapter 2, Article III. Engineering Division Services;  Chapter 2, Article IV. Building Division Services;  Chapter 2, Article V. Business Tax Services; and  Chapter 2, Article VI. Impact and Selected Fees. INTRODUCTION A task of rewriting the Land Development Regulations is to update the entire Part III (Land Development Code) of the City’s Code of Ordinances. In April of 2007, staff presented the Boards and Commission with a progress report and proposed work schedule of the LDR Rewrite project. Staff determined that it would be best to break down the entire project into eight (8) different groups. At this time, staff is delivering a portion of the seventh component of the eight-phase project (see attached). Group 1 and Group 2 emphasized matters relating to zoning districts and allowable uses. The third and forth deliverables emphasized site development standards, such as off-street parking calculations, off- street parking lots and other vehicular use areas, exterior lighting, rights-of-way and infrastructure, environmental protection, landscape design and buffering, and exterior building and site design. Group 5 consisted of the Supplemental (zoning) Regulations that included, in part, topics such as walls and fences, sidewalk cafes, accessory structures, the sale of used merchandise, outdoor storage, temporary sales events, and nonconforming uses. Group 6 consisted of the Sign Standards, and interim amendments to the existing code (flood prevention requirements and property maintenance requirements). Group 7, which is the subject of this report, is comprised of all the City’s land development processes and procedures. Land development applications are found in all codes, but typically throughout multiple sections, articles, and chapters. This proposed format, however, attempts to consolidate all processes and procedures into one chapter of the new code. Below is a list of all the articles associated with what has become commonly known as the “processes chapter”. The title of each article (in bold) are submitted as follows with this portion of Group 7: GROUP 7 243 of 720 Chapter 2. Land Development Processes Article I. Overview Article II. Planning and Zoning Division Services Article III. Engineering Division Services Article IV. Building Division Services Article V. Business Tax Services Article VI. Impact and Selected Fees PROJECT OBJECTIVES The objectives set forth at the onset of staff’s management of this effort, and explained previously in the update report, continue to be furthered. Of the original objectives, those involving user-friendliness and maintaining a flexible and dynamic approach are most addressed by this work product. The original objectives are listed below followed by specific documentation relative to Objectives #1, #2 and #4. Although #5 is not specifically addressed herein, the basic services and unanticipated demands of the Division continue to be a priority, and provided or responded to timely. 1.Preserve / Utilize work efforts initiated / accomplished by the consultant including work products, discoveries, pertinent recommendations, and input collected from the public, staff, and elected officials during workshop sessions; 2.Maximize user-friendliness in the ultimate document with the appropriate and logical organization, interconnectivity, and writing style; 3.Maintain public involvement in the rewrite process, including input from local professionals “experts”; 4.Use a dynamic approach in the rewrite effort allowing the shifting of resources as needed to address current issues and Commission direction; and 5.Continue to deliver optimal customer service to the public and applicants during the project. Objectives #1 & 2: LDR format or organization was the target of an original objective which continues to be furthered by the consolidation of common topics. Staff proposes to separate the entire Part III (currently 23 chapters) of the existing code and distribute them amongst four (4) distinct chapters. A four (4)-chapter code deviates much from the existing code, but is organized according to the Model Land Development Code, and being generally ordered to follow the chronological flow of the City’s land development process. The second chapter of the new code will contain the all the City’s various land development processes and procedures. The articles which comprise Chapter 2 involve all the various types of land development that are processed by the City. In the attached, the type and description of each application, including associated submittal requirements, review criteria, approval process, and expiration, would replace portions (or all) of the following chapters and sections of the current code: Chapter 1. General Provisions Article V (Impact Fees and Dedications) Article VI (Land Development Fees) 244 of 720 Appendix A (Parks & Recreation Facilities Impact Fees Formula) Chapter 2. Zoning Section 9 (Administration and Enforcement) Section 11.N (Supplemental Regulations) Chapter 5. Platting Chapter 6. Required Improvements Article I. In General Article V. Construction of Required Improvements Article VI. Acceptance and Maintenance of Required Improvements Chapter 7. Surety Chapter 7.5. Environmental Regulation, Article I (Clearing and Grubbing) Chapter 8. Excavation and Fill Regulations Article III. Permitting Chapter 20. Buildings, Housing, and Construction Regulations. Article I (In General) Article VII, Section 2 (Flood Damage Prevention) Chapter 22. Streets and Sidewalks Article I. In General Article II. Construction, Repair, or Alteration Article III. Street Openings Article IV. Vacation and Abandonment Chapter 23. Parking Lots Article I. In General As the above list shows, all land development applications that are administered by the P&Z, Engineering, Building, and Business Tax Divisions are currently located within 10 different chapters of the City’s regulations. This lack of consolidation between common topics can be burdensome to the customers, and can prevent the timely realization of all applicable requirements for a given activity. Early recognition of all processes and requirements can minimize application time and costs, and maximize the positive experience working with, and developing in the City. Therefore, the attached document represents that same concentrated effort represented by previous LDR Rewrite work products, to consolidate scattered regulations of common topics, identify and correct inconsistencies, and reword in an effort to increase clarity. Although it has been very challenging and time consuming for staff to locate all the land development applications throughout the code and consolidate them into this format, the benefits with respect to consistency and ease of access justify the effort. User-friendliness continues to be a primary objective, guiding both the format as well as emphasis on simplicity and clarity. Objective #4: In this group, staff continues to acknowledge the priorities and current issues of the Commission and the City. Current topics of local interest include 1) business support and retention; and 2) green initiatives. 245 of 720 A clear objective of staff during this phase of the LDR Rewrite project, particularly because of the economic downturn, has been to evaluate all the various land development processes that the City offers, and systematically scrutinize each application to ensure that it is easily comprehendible, transparent, and unambiguous, thereby reducing risks and “fear of unknowns” to developers, which translates into a business-friendly code, and possibly more efficient and complete review process. OTHER NOTEWORTHY CHANGES Preparation of these documents has involved the comprehensive and detailed review of the associated land development processes, the applicable standards, and the city department responsible for the administration of such regulations and standards. Noteworthy are the following proposed amendments to the land development regulations: Chapter 2, Article II Planning and Zoning Division Services.  Create the Lot Line Modification process review changes to property boundaries in instances when replatting is not required to ensure compliance with applicable lot standards and processes; Chapter 2, Article III Engineering Division Services.  Consistent with Group 6, this article would contain its own “Purpose and Intent”, “Administration”, and “Applicability” text to provide sound basis and support to the code;  Enhance the general requirements for Subdivision and Platting to include beneficial cross references such as the lot line modification application;  Update the preliminary plat process to reflect current steps and Engineering’s lead role;  Simplify the submittal requirements of the preliminary plat application by allowing the submittal of a phasing plan in lieu of a preliminary plat;  Eliminate multiple application processes related to land development and replace it with a single application that includes the review of the following improvements: 1) new impervious surfaces in excess of 800 square feet; 2) off-street parking and vehicular use areas; 3) drainage, stormwater, and wastewater systems, utilities, etc.; 4) new landscaping and irrigation systems that are required for projects that were subject to site plan review; 5) excavation, grading, and fill activities; and 6) required exterior lighting within off-street parking areas;  Streamline the City’s permitting process for the construction of infrastructure and other required improvements by eliminating the duplicate processes in the Building Division (i.e. paving and grading; excavation and fill; irrigation; etc.) and assigning all such review to the land development permit process;  Simplify the right-of-way permit process by consolidating all separately- permitted activities within rights-of-way (i.e. street opening, work in the right-of-way, depositing of debris, etc.) under one primary application, and indicating the conditions of approval which are necessary for the issuance of the permit;  Expanded the types of required site improvements which are eligible under the Engineering Division’s administrative relief process (waiver) to include, but not be limited to the following: 1) off-street parking, loading zones, and other vehicular use areas; 2) driveway openings and access; 3) dumpster enclosures; 4) queuing and stacking requirements; 5) fire lanes; 6) exterior lighting in parking lots; 7) utilities; 8) streets; 9) sidewalks; 10) pedestrian 246 of 720 and bicycle paths; 11) drainage, stormwater, and wastewater systems; 12) canals and waterways; and 13) excavation, grading, and fill regulations;  Clarify the allowable types of surety to include the following: 1) letters of credit; 2) cash or check; 3) performance surety bond; and 4) escrow deposit;  Omit the separate appeals process currently described in the code, leaving a single overall administrative appeals process;  Update the sidewalk regulations by eliminating the quadrant map which has not been maintained by staff and determined unnecessary; Chapter 2, Article IV Building Division Services.  Consistent with Group 6, this article would contain its own “Purpose and Intent”, “Administration”, and “Completeness” text to provide sound basis and support to the code;  Shift the responsibility for administrating the clearing and grubbing permit process from the Building Official to the Director of Planning and Zoning;  Shift the responsibility for administrating the paving and grading and irrigation permit processes from the Building Official to the City Engineer (under the land development permit process); however, any electrical component to the irrigation system would still be reviewed by the Building Division for compliance with the National Electrical Code (NEC);  Update the variance regulations pertaining to the Building Board of Adjustment and Appeals by including general review criteria upon which every application would be evaluated; Chapter 2, Article V Business Tax Services.  Provide the necessary supporting text such as “Purpose and Intent”, “Administration”, and “Completeness” sections, which is consistent with Group 6;  Create and formalize the application approval process for seasonal sales events and special sales events; Chapter 2, Article VI Impact and Selected Fees.  Update and enhance the Parks and Recreation Facilities Impact Fees provisions by identifying the various residential uses in the Use Matrix which are subject to this requirement (i.e. single family dwelling, duplex, townhouse, bed & breakfast, certain group homes, etc.);  Update and enhance this article to include a more complete description of the fees typically required during the development process, including: 1) Capital Facilities; 2) Fire Rescue Assessment; 3) Art in Public Places; 4) Downtown Stormwater Improvement Watershed Capital Facilities Fee; and 5) any applicable Palm Beach County Impact Fees; Chapter 3, Article V Supplemental Regulations.  Update and enhance the WCF provisions by categorizing the types of facilities as follows: 1) attached concealed; 2) attached non-concealed; 3) freestanding concealed; and 4) freestanding non-concealed; SUMMARY / RECOMMENDATION 247 of 720 On numerous occasions, the City has been commended by local design professionals and developers for the expeditious review processes, including its personalized treatment of handling the comment and revision stages of the review. This reputation is, in part, in comparison with the lengthy, complex, and often disjointed review processes of neighboring cities and the County. Within Group 7 of the LDR Rewrite project, staff has incorporated more provisions into the new code that will further the goal of expedient reviews and provide the best customer service available. Staff recommends that the Board and Commission approve this draft portion of Group 7 (Articles III through VI). Any changes recommended by the Board and the Commission will be incorporated into the document for ultimate consideration at time of adoption. Also prior to adoption, staff intends to obtain feedback from the development community on the proposed changes in an effort to retain this reputation as having an expeditious and user-friendly review process. S:\Planning\Zoning Code Update\LDR Rewrite\Staff Reports\Group 7 (Ch 2, Art 3 thru 6).doc 248 of 720 ARTICLE III. ENGINEERING DIVISION SERVICES Section 1. General. A. Purpose and Intent. The purpose of this article is to set forth uniform and well-defined procedures for each application processed by the Engineering Division. Each application is intended to ensure that: 1.Compliance. Development and construction-related activities within the City are consistent with all land development regulations, the Engineering Design Handbook and Construction Standards (EDHCS), and all other applicable standards and requirements set forth by the City or other public entities having jurisdictional responsibility. 2.Public Purpose. Development and supportive facilities and services further the public health, safety, appearance, and general welfare; and 3.Compatibility. Development infrastructure and construction-related activities are compatible and coordinated with existing and anticipated development in the immediate area surrounding the site. B. Administration. The City Engineer or designee shall be responsible for the overall coordination and administration of land development applications within this article. C. Preapplication Conference. A preapplication conference with the Engineering Division is encouraged for each application or construction-related activityies regulated by this article prior to the preparation and submission of such application. D. Completeness. An application will be processed by the Engineering Division when it is deemed complete, including all related submittal documents. Please note that the City Engineer or designee may rule that certain required items may be excluded from the submittal, and the finding of an application “complete” shall not constitute a determination of compliance with the substantive requirements of City or State regulations, or any other applicable codes. E. Fees. Fees shall be paid when each application is submitted to the Engineering Division and in the amount as adopted from time to time by the City Commission. F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the applications and processes contained herein. Section 2. Subdivision and Platting. A. General. 249 of 720 1. Purpose and Intent. The purpose and intent of this subsection is to implement the goals, objectives, and policies of the Comprehensive Plan, by setting forth uniform and well-defined application processes, and information to guide in the review of the subdivision and platting of real property. 2. Applicability. The regulations set forth in this subsection shall apply as follows: a. General Requirements. No property shall be platted, recorded, sold, or any land development permit be issued by the City unless the subdivision or lot-line modification meets all the applicable laws of the state of Florida and has been approved in accordance with the requirements of these land development regulations. These requirements or regulations are not intended to repeal, abrogate, annul, or in any way, impair or interfere with private restrictions placed upon property by deed, covenant, or private agreement, except that where this subsection imposes higher standards than imposed by such deeds, covenants, or private agreements, then the provisions of this subsection shall apply. The City shall not be responsible for enforcement of such deeds, covenants, or agreements. Unless otherwise exempt from this subsection, all subdivision of land is subject to the platting requirements contained herein. Preliminary parcel layout and improvements are shown in the preliminary plat, while the final plat indicates the legal subdivision of land subject to Florida Statutes. To obtain approval for a development in the City of Boynton Beach, the developer shall submit both a preliminary plat and a final plat to the City Engineer, and shall notify the Director of Planning and Zoning of same. No final plat of any subdivision shall be recorded in the Office of the Clerk of the Court of Palm Beach County until the subdivision or other subject change has been duly approved by the City in the manner prescribed herein. No division of land through a lot-line modification shall be recorded in the Palm Beach County Property Appraiser’s Office until after the City has approved the application. All final plats and applications for lot-line modifications shall be recorded in the Office of the Clerk of the Circuit Court of Palm Beach County. b. Unlawful Sale or Transfer of Property. It shall be unlawful for a property owner or agent to sell, transfer, or convey ownership of a subdivision plat if such subdivision plat has not been formally approved by the City and recorded with the Palm Beach County Clerk or the Circuit Court. The owner or agent shall be guilty of a misdemeanor of the first degree, punishable as provided by Florida Statutes if such unlawful use is made of a plat prior to it being formally approved by the City and properly recorded with the Palm Beach County Clerk or Circuit Court. 250 of 720 c. Building Permits Subject to Final Plat or Lot Line Modification Approval. Unless otherwise determined by the City Engineer, no building permit shall be issued and no City service may be rendered until a final plat or lot line modification has been approved by the City and properly recorded as contained herein. d. Creation of Subdivision by Joint Owners of Land. Where it may subsequently become evident that a subdivision is being created by the recording of deeds by metes and bounds description of tracts of land, the City may, at its discretion, require all the owners involved to jointly file a plat of the subdivision being so created or require all owners of record to jointly conform to the applicable provisions of this article as are requisite for the issuance of building permits or the furnishing of any City service. e. Deeds, Covenants, and Other Private Restrictions. These regulations are not intended to repeal, abrogate, annul, or in any way, impair or interfere with private restrictions placed upon property by deed, covenant, or private agreement, except that where this Article imposes higher standards than imposed by such deeds, covenants, or private agreements, then the provisions of this subsection shall apply. The City shall not be responsible for enforcement of such deeds, covenants, or agreements. 3. Lot Line Modification. A lot line modification shall be required when a property owner or agent desires to subdivide real property and the City Engineer determines that platting and replatting is not required. In these instances, approval of a lot line modification is required from the Planning and Zoning Division in accordance with Chapter 2, Article II, Section 6.B in order to ensure compliance with all development regulations. B. Preliminary Plat. 1. General. a.Purpose and Intent. The purpose of a preliminary plat is to provide adequate and necessary descriptive information regarding the proposed subdivision, dividing, and platting of real property in order to facilitate an expeditious final platting process. The intent is to set forth uniform and well-defined application processes, and information to guide in the thorough and timely review of the preliminary plat application. b.Applicability. No person, firm, corporation or any other association shall combine lots, tracts, or parcels of land for 251 of 720 development purposes, or to subdivide a tract of land except in conformity with this chapter. No development or subdivision shall be platted or recorded, or any building permit or land development permit be issued, unless such subdivision or development meets all the provisions of this chapter and those of any applicable Florida Statutes, unless a waiver of platting has been issued in accordance with Section 5 below. c.Prerequisite to the Preliminary Plat. Pursuant to Chapter 2, Article II, Section 2.D.7., master plan approval shall be required prior to the consideration of any proposed platting or replatting of a planned zoning district. 2. Submittal Requirements. A written request shall be submitted to the City Engineer and accompanied by four (4) copies of the preliminary plat, conceptual, or phasing plan. The conceptual or phasing plans shall have the same level of detail as that typically shown on a “master plan” or “site plan” as described in Chapter 2, Article II and the definitions (Chapter 1, Article II). In addition, the preliminary plat, conceptual plan, or phasing plan, whichever is submitted, shall illustrate ingress-egress locations / easements, landscape easements, limited access easements, storm drainage easements, utility easements, etc. and all other applicable conditions of approval (COA) attached to the Development Order (DO) that were issued by the City Commission upon master plan and site plan approval. 3. Review Criteria. The preliminary plat shall meet requirements of the final plat, except that it shall be submitted without the required signatures and seals. It may also be submitted without maintenance and use covenants, condominium documents, deeds, or other legal documents not related to the survey or engineering design of the project. 4. Approval Process. The City Engineer or designee shall review the preliminary plat application to ensure that it complies with the requirements of Section 2.B.3 above. C. Final Plat. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a procedure for preparing plat documents consistent with development regulations of the City and to create documentation of physical characteristics of land proposed for development within the City. b. Applicability. No person, firm, corporation or any other association shall combine lots, tracts, or parcels of land for development purposes, or to subdivide a tract of land except in 252 of 720 conformity with this chapter. No development or subdivision shall be platted or recorded, or any land development or building permit be issued, unless such subdivision or development meets all the provisions of this chapter and those of any applicable Florida Statutes, unless a waiver of platting has been issued in accordance with Section 5 below. All developments or redevelopments that are subject to the requirements of this article shall require a plat prepared by a registered land surveyor and mapper in compliance with this chapter and the requirements of all provisions of Florida Statutes. Depending on the characteristics of the development, the platting requirements would be satisfied by the approval of one (1) of the following types of plats: (1)Boundary Plat. "Boundary Plat" is generally used when assembling multiple parcels of land, tracts or lots into a single parcel for development purposes. Project types would include rental apartments, public facilities, shopping centers, condominiums and industrial developments where "unity of title" ownership is required. A boundary plat may be submitted when portions of an existing subdivision or parcels of land being assembled to create a single developable property are of such simplicity or are surrounded by such development as to justify the waiving of the requirements for preparing a full replat. For the sole purpose of determining application fees, a boundary plat submittal shall be considered a pre- application submittal. All provisions of FS 177 and this Land Development Regulation shall fully apply to every boundary plat including, but not limited to, those tangible improvements required in Chapter 4, Article VIII (Utilities and Infrastructure Standards) not already in place. (2) Record Plat.A "Record Plat" is generally used when land assembly or subdivision would ultimately yield multiple parcels under individual ownership. Project types would include single-family subdivisions, townhome developments, retail centers, or office-warehouse and similar developments. c. City Engineer Determination . Other types of plat documents may be applicable to a new development. The City Engineer shall review those cases to determine which platting process is appropriate. However, a new boundary survey for any replat is required when the replat affects any boundary of the previously platted property or when improvements which may affect the boundary of the previously platted property have been made on the lands to be replatted. 253 of 720 d. Exemptions to Platting. (1) Eligibility. A waiver of the platting requirement may be considered when the land is to be divided into no more than two (2) contiguous lots and no more than three (3) regularly shaped areas are to be dedicated to the City of Boynton Beach (easements, tracts, parks, rights-of-way, etc.) and because: (a)Unusual conditions are created by ownership or development of adjacent lands; (b) The land concerned is isolated or remote in its relationship to other platted or improved lands; or (c) The improvements and dedications existing on the land are substantially in accordance with the requirements of this chapter and if the waiving of the requirements for platting would not conflict with the purpose and intent of this chapter. (2) Requirements in Lieu of Platting. If platting is not required, a certified survey shall be submitted to the City Engineer, who may require deeded rights-of-way and easements, reservations or improvements required in connection with platting under this chapter, including the posting of surety to carry out the intent and purpose of this chapter. e. Substitutions to Platting. The submission of a master plan for a boundary plat may be waived at the option of the City Engineer. f. Prerequisite to Platting. Approval of a master plan shall be required prior to the consideration of any proposed platting or replatting in instances when rezoning to planned developments (as defined by Chapter 1, Article II). See Chapter 2, Article II, Section 2.D.7 for the regulations pertaining to the master plan application process. Master plan review shall not be required when rezoning lands to conventional residential zoning districts. 2. Submittal Requirements. Upon filing an application for final plat approval, the developer shall pay the applicable fee as adopted by resolution of the City Commission from time to time to help defray the cost of processing the final plat review. The final plat shall conform to the corresponding approved master plan. Failure to submit the final plat within six (6) months from the date of application shall require submittal. The submittal package for final plat shall include the following: 254 of 720 a. Final Plat. Six (6) copies of the final plat, drawn or printed on 24” x 36” line, chronoflex, mylar, or other approved time stable material. The final plat shall be prepared by a professional surveyor and mapper currently registered in the State of Florida, and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one (1) inch equals 100 feet, or as otherwise determined by the City Engineer; b. Construction Plans. Four (4) sets of the construction plans, which shall be reviewed for technical compliance, along with approved health department permits for sewer and water, in accordance with city requirements; c. Surety. Surety guaranteeing that all work required that will not be constructed, owned and maintained in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat and approved construction plans; with all development conditions attached thereto; and with the Boynton Beach Land Development Regulations, provided that no surety is required for sewage collection and transmissions systems, water distribution systems and transmissions systems which will be conveyed to the city upon completion of their construction. Surety shall be in substantially the form and amount delineated in Section 6 below; Restoration surety in compliance with Section 6 below in the amount of 110% of the engineer's certified cost for restoring the site to its original condition including, but not limited to, repair of access/haul routes; seed; sod; landscaping; drainage and utilities; d. Maintenance Agreements. A copy of the property owner’s association documents, if applicable, shall be required. These documents shall indicate the maintenance responsibility for street lighting and shall provide for the formation of a special taxing district to assume maintenance responsibility for the street lighting system in the event of the dissolution of the property owners association; e. Legal Documents. Supplementary material as required by the office of the City Engineer, i.e. deeds, easements, etc., when access, drainage, or utility services cannot be accomplished through platted rights-of-way deeds or easements to accomplish access, drainage or utility service; f. Fees. Upon filing application for final plat approval, the developer shall pay a processing fee, and an administrative fee equal to a percentage of the estimated cost of construction of improvements. Said fee shall be as adopted by resolution of the 255 of 720 City Commission, and shall be paid in full prior to placing final plat approval on a City Commission agenda; and g. Miscellaneous. Failure to submit the final plat to the City Engineer within six (6) months from the date of application shall require resubmittal. 3. Review Criteria. The final plat shall be drawn or printed on linen, chronoflex, mylar, or other approved time stable material and sized 24 inches by 36 inches. The final plat shall be prepared by a professional surveyor and mapper currently registered in the State of Florida, and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one (1) inch equals one hundred 100 feet, or as otherwise determined by the City Engineer. The final plat shall be prepared in accordance with the provisions of Chapter 177, Florida Statutes, as amended, and shall conform to the following additional requirements: a. Index. When more than a single sheet must be used to accurately portray the lands being developed or subdivided, the first sheet shall contain an index plus a map showing the entire development delineating the number of the sheet where each portion is shown. Each sheet must show the particular number of that sheet, the total number of sheets included and clearly labeled matchlines to show where other sheets match or adjoin. b. Name of Development. The plat shall have a title or name acceptable to the City. When the plat is a new development, the name of the development shall not duplicate nor be phonetically similar to the name of any existing or approved development. When the plat is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision. c. Private Streets and Related Facilities. All streets and their related facilities designed to serve more than one property owner shall be dedicated to public use; however, private streets shall be permitted within property under single ownership such as a property owners' association, and shall be constructed in accordance with design requirements of public streets. Where private streets are permitted, ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without recourse to the city or any other public agency. The rights-of-way and related facilities shall be identified as tracts for road purposes under specific ownership. d. Title. The plat shall have a title printed in bold legible letters containing the name of the development; the name of the 256 of 720 city, county and state; the section, township and range as applicable and if the plat is a replat, amendment or addition to an existing development or subdivision, it shall include the words "section, unit, replat, amendment, etc.". All plats for planned developments shall be identified as to the type of development being platted. For example, all planned unit developments shall contain "P.U.D." within the title; all planned commercial developments shall contain "P.C.D." within the title; all planned industrial developments shall contain "P.I.D." within the title; or any combination thereof shall be identified within the title of the plat. e. Description. Each plat shall show a full and detailed boundary description of the land embraced in the plat. The plat must be so complete that the starting point can be determined and the boundaries run without reference to the map. f. Dedications, Certifications, and Approvals. The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by law, all being in the form set forth herein. (1) Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication. All areas reserved for use by the residents of the development shall be so dedicated. All areas reserved for public use, such as parks, rights-of-way for roads, streets or alleys, shall be so dedicated; easements for utilities, rights-of-way and easements for drainage purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. When the owner is a corporation, the dedication shall be signed on behalf of the corporation by the president or vice-president and the secretary or assistant secretary, respectively, as set forth in paragraph “(2)” below. (2) Mortgagee's Consent and Approval.All mortgages along with the mortgagee's consent and approval of the dedication are required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee(s) must be witnessed and the execution must be acknowledged in the same manner as mortgages are required to be witnessed and acknowledged. In case a mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president or vice-president and the secretary or an assistant secretary, respectively, by and with the authority of the board of directors. 257 of 720 (3) Certification.The plat shall contain the signature, registration number and official seal of the surveyor and mapper certifying that the plat complies with Chapter 177, Florida Statutes, as amended, and this ordinance. When plats are recorded and improvements are to be accomplished under surety posted as provided for by this ordinance, the required improvements and surety shall include P.C.P.'s. (4) City Approval.The plat shall be reviewed for conformity to F.S., Ch. 177, as amended, by a professional surveyor and mapper, either by or under contract to the city, and evidence of this review shall be shown on the plat. The plat shall also contain the approval and signature block and date for the mayor and the City Engineer with the acknowledgment and signature of the city clerk. (5) County Approval. The plat, when required by the City Commission, shall also contain the date of approval of the board of county commissioners; the signature block of the chairman of the board; the signature block of the county engineer; and the acknowledgment and signature block of the clerk of the circuit court. (6) Certification of Title. A title certificate shall be contained on the face of the first page of the plat. The title certificate shall state: (a) That the lands as described and shown on the plat are in the name, and that apparent record title is held by the person, persons or organizations, executing the dedication; (b) That all taxes have been paid on said lands as required by F.S., § 197.192, as amended; and, (c) All mortgages on the land and indicate their official record book and page number. The title certification must be an opinion of an attorney-at- law licensed in Florida, or the certification of an abstractor or a title insurance company licensed in Florida. g. Survey Data. The final plat shall show the length of all arcs together with central angles, radii, and points of curvature including, but not limited to, block corner radii. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement and all other areas shown on the plat and all areas shall be within the boundary of the plat as shown in 258 of 720 the description. The survey data contained on the plat shall also include: (1) The scale, both stated and graphically illustrated, shall be shown on each sheet. (2)A prominent North arrow shall be drawn on every sheet included showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend. (3) The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters. (4) All intersecting street lines shall be joined to form required safe sight corners pursuant to city standards, and all dimensions shall be shown. (5) All adjoining property shall be identified by a subdivision name, plat book and page or, if unplatted, the land shall be so designated. (6)Permanent reference monuments shall be shown in the manner prescribed by F.S. Ch. 177, as amended. All information pertaining to the location of "P.R.M. s" shall be indicated in note form on the plat. Permanent Control Points and Permanent Reference Monuments shall be designed and set as prescribed by F.S. Ch. 177, as amended. (7) A space, sized three (3) inches by five (5) inches, shall be reserved in the upper right corner on each plat sheet for the purposes of recording information by the Clerk of the Circuit Court. (8) The map shall mathematically close within one hundredth (.01) of a foot, and shall be accurately tied to all township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter section corner, section comer or government corner. (9)The initial point in the description shall be accurately tied to the nearest quartersection corner or government corner. Each government corner being used shall be identified. If the development being platted is a re- subdivision of a previously recorded subdivision, then a tie to a Permanent Reference Monument from the parent plat is sufficient. If the development is a re-subdivision of a 259 of 720 part of a previously recorded subdivision, sufficient ties to controlling lines appearing on the parent plat must be provided to permit an overlay. The position and orientation of the plat shall conform to the Florida State Plan Coordinate System in the manner established by the City Engineer and prescribed in the Engineering Division's Design Handbook and associated forms. (10)The cover sheet or first page of the plat shall show a vicinity sketch, showing the subdivision's location in reference to other areas of the city. (11) A complete legend of abbreviations shall be shown. (12)All lettering on the plat shall be at a minimum 0.10 of an inch in height. (13) The plat boundary and all parcels shown on the development or subdivision plats intended to be conveyed in fee title shall be delineated by solid lines. (14) Lines intersecting curves shall be noted as radial or non-radial as the case may be. (15) A note addressing any abandoned underlying lands or easements, including record information, shall be shown. (16) Tabulation of survey data: (a) The use of tangent tables is not permitted. However, at the discretion of the City Engineer on a case by case basis, the use of a tangent table to reflect corner clip (safe sight) chords may be permitted if deemed necessary to meet requirements of neatness and clarity of the plat. Scale factors shall not be considered. Such tables, when permitted, must appear on the map sheet to which they refer and tangents shall be numbered consecutively through the entire presentation. (b) Curve data may be tabulated subject to the following conditions or exceptions: (i) External boundary or centerline curve data may not be tabulated. (ii) Where data is tabulated, a minimum of the delta angle, radius and arc length and the curve designation number or letter will be shown on the plat. 260 of 720 (iii) Curve tables reflecting the tabulated data will appear on the map sheet on which the curves appear. h. Lot and Block Identification. Each lot and block shall be numbered or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block. Blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision. i. Street Names. The plat shall contain the name of each street shown on the plat. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, excluding a numerical system, duplicate or be phonetically similar to existing street names, regardless of the use of the modifier "street," "avenue," "boulevard," "drive," "place," "court," etc. j. Excluded Parcels. Where an excluded parcel is completely surrounded by areas included within the plat, sufficient easements or right-of-way to provide necessary access, utilities, and drainage to the excluded parcel shall be provided. No strip or parcel of land shall be reserved by the owner unless the same is sufficient in size and area to be of some particular use or service. The intended use of all reserved areas shall be shown on the plat in note form on the cover sheet. k. Easements. All plats shall show easements, including but not limited to landscape easements, limited access easements, storm drainage easements, utility easements, etc. The plat shall contain a statement that no buildings or structures shall be placed within easements. Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of 12 feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus 20 feet on one (1) side to permit equipment to enter for maintenance purposes. Easements for supporting utility systems shall also be provided where necessary at a width adequate to accommodate their depths. A minimum width of 12 feet shall be provided for these systems. Where sanitary sewer systems are greater than five (5) feet in depth, the minimum utility easement width shall be twice the greatest depth point on any link segment plus two (2) feet in order to access the system during any servicing required task. 261 of 720 l. Reservations and Restrictive Covenants. Restrictions pertaining to the type and use of water supply; type and use of sanitary facilities; use and benefits of water areas, canals and other open spaces; odd-shaped and substandard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and such covenants shall be noted on the plat. Documents pertaining to restrictive covenants shall be submitted with the final plat. m. Waterways. Land which includes any existing or proposed private waterways shall be included on the original plat together with formal acceptance of maintenance by the subdivider, his grantees and assigns, for said waterways including vegetated littoral zones, and, further the duty, at their expense, of keeping same free of weeds, hyacinths, cloggage or other debris or noxious material. n. Mobile Home Park Developments. Mobile home subdivisions shall be in the proper zone for such development and prior to the submittal of the final plat and supporting data shall have the approval of the final zoning authority and shall meet all of the requirements of the zoning code. The dedication on the plat of a mobile home subdivision shall include the following additional provisions or wording equal hereto: "Said owner(s) hereby dedicate(s) the lots shown on the plat exclusively for mobile home or trailer parking and use incidental thereto, except as to the lots indicated for other purposes on the plat. Mobile home or trailer parking is allowed only on the indicated lots. Areas indicated as parks or playgrounds are dedicated for the use of the owners of the lots shown on this plat." Mobile home subdivision plats shall conform to all the requirements of this ordinance and the requirements of Chapter 177, Florida Statutes, as amended. o. Master Plan. The final plat shall conform to the corresponding approved master plan, when applicable . p. Miscellaneous. All plats shall show ingress-egress locations and all other applicable conditions of approval (COA) attached to the Development Order (DO) that were issued by the City Commission upon master plan or site plan approval. 4. Approval Process. The City Engineer, or his or her designee, shall examine the final plat as to its compliance with the constitution and statutes of the State of Florida and the ordinances of the City of Boynton Beach and shall in writing, within 30 days, report his finding, recommendations or approval to the developer. Reference shall be made 262 of 720 to the specific article, section and paragraph with which the final plat does not comply. If deficiencies exist, they shall be corrected by the developer. If the final plat meets the provisions of this ordinance, and complies with the statutes of the State of Florida and the ordinances of the City of Boynton Beach, the City Engineer shall submit the final plat to the City Commission for approval. The City Commission may, after its approval, also require county approval prior to recording. The final plat, signed and sealed, reviewed by a professional surveyor and mapper, signed by the mayor and the City Engineer, and acknowledged by the city clerk, shall be presented to the Palm Beach County Clerk (or county engineer if county approval is required) to complete the formal recording process. 5. Modification to Plat. Any proposed modification to an existing plat of record shall be considered a replat, as determined by the City Engineer. Any request to replat a previously platted subdivision shall be processed in accordance with Section 2.B above. 6. Previously Platted Subdivisions. a. Active Subdivision Development. A plat and / or improvement plans for a subdivision that has been approved under the subdivision regulations adopted by the City Council on March 25, 1959, and amendments thereto, may be completed as approved under those regulations with respect to the approved plans and/or plat. Additions thereto which have not been approved shall be subject to the requirements of these land development regulations. b.Reversion of Subdivided Land to Acreage. The official records of Palm Beach County contain plats recorded prior to the adoption of these land development regulations governing development in the City of Boynton Beach. Such plats show areas within the City of Boynton Beach which have been platted as subdivisions, but which have either been partially improved or developed or remain unimproved or undeveloped. These areas, if fully or partially developed as platted, would not conform to the current needs of urbanization in the City of Boynton Beach as established herein. The City Commission shall have the power, on its own motion, to order the vacation and reversion to acreage of all or any part of such subdivision within the incorporated areas of the City of Boynton Beach, including the vacation of streets or other parcels of land dedicated for public purposes or any portion of such streets or other parcels. Such order of vacation and reversion of subdivision plats may only be made by the City Commission if 1) a plat of the subdivision was recorded as provided by law not less than five (5) years before the date of proposed reversion to acreage; and 2) the subdivision or part thereof proposed to be 263 of 720 reverted to acreage, not more than 35% of the unimproved portion of the subdivision area has been sold as lots with 65% left under one ownership. Prior to ordering such a vacation and reversion to acreage the City Commission shall hold a public hearing relative to the proposed vacation and reversion to acreage, with prior notice thereof being given by publishing in a newspaper of local circulation the date of and the subject matter of the hearing at least once within the two- week period preceding the date of such public hearing. At such public hearing, the vacation and reversion to acreage of subdivided land must be shown to conform to the comprehensive plan of the area and that the public health, safety, economy, comfort, order, and welfare will be promoted thereby. No owner of any parcel of land in a subdivision so vacated shall be deprived of reasonable access to or from such parcel to which such parcel has theretofore had access. Access after such vacation and reversion need not be the same as theretofore existing, but shall be reasonably equivalent thereto. The owner or owners of a subdivision subject to vacation and reversion to acreage may at their option vacate or abandon the subdivision or portion thereof, or may improve undeveloped rights-of-way or rights-of-way which have been partially improved at their cost and expense, provided such improvements comply with the provisions of this ordinance and are acceptable to the City Commission for maintenance. c. Improvement of Partially Developed Subdivisions. The improvement of partially developed subdivisions not subject to vacation and reversion to acreage shall comply with the requirements of this ordinance and the following: (1) Rights-of-Way.The existing right-of-way for local streets shall be considered sufficient, provided it is at least 50 feet wide and the improvements comply with the fifty-foot typical section for road construction contained in city standards. If the existing right-of-way is less than 50 feet wide, additional right-of-way shall be provided to make a total of not less than 50 feet. (2) Easements.Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of 12 feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus 20 feet on one side to permit equipment to enter for maintenance purposes. (3) Platting. Compliance with platting sections of this ordinance is not required where the improvements are 264 of 720 contained in existing platted rights-of-way and no additional right-of-way dedication is needed. Drainage rights-of-way and easements where a plat is not required shall be accomplished by separate instrument dedicating the easement and / or rights-of-way for such purposes. CHAPTER 5 PLATTING Article I. In General Article III. Administration Article IV. Prerequisites to Platting Article V. Plat Preparation and Approval Article VI. Previously Platted Subdivisions Article VII. Land Development Permit Article VIII. Sale or Transfer of Property ARTICLE I. IN GENERAL Sec. 1. Purpose. The purpose of this chapter is to provide a procedure for preparing plat documents consistent with development regulations of the city and to create documentation of physical characteristics of land proposed for development within the city. (Ord. No. 07-013, § 2, 7-3-07) Sec. 2. Record plat required. (a) All developments or re-developments shall require a plat prepared by a registered land surveyor and mapper in compliance with this chapter and the requirements of all provisions of F.S. Chapter 177. In general, there are two (2) basic types of required plats. A "Boundary Plat" is generally used when combining multiple parcels of land, tracts or lots into a single parcel for development purposes. Project types would include rental apartments, public facilities, shopping centers, condominiums and industrial developments where "unity of title" ownership is required. A "Record Plat" is generally used when combining or subdividing lands for individual ownership. Project types would include single-family subdivisions, townhome developments, retail centers, or office-warehouse and similar developments where lots, parcels or tracts are created for sale purposes to individual ownership. (b) Other types of plat documents may be applicable to a new development. The City Engineer shall review those cases to determine which platting process is appropriate. However, a new boundary survey for any replat is required when the replat affects any boundary of the previously platted property or when improvements which may affect the boundary of the previously platted property have been made on the lands to be replatted. (c) All plats shall show ingress-egress locations/easements, landscape easements, limited access easements, storm drainage easements, utility easements, etc. and all other applicable conditions of approval (COA) attached to the Development Order (DO) that were issued by the City Commission upon master plan or site plan approval. (Ord. No. 07-013, § 2, 7-3-07) Sec. 3. Platting before permitting. 265 of 720 No person, firm, partnership, corporation or any other association shall combine lots, tracts or parcels of land for development purposes, or to subdivide a tract of land anywhere in the incorporated area of the city except in conformity with this chapter. No development or subdivision shall be platted or recorded nor shall any building permit be issued (except land clearing type permits) unless such subdivision or development meets all the provisions of this chapter and those of any applicable Laws of the State of Florida, and has been approved in accordance with the requirements as herein set forth, unless a waiver or substitution has been granted according to Article II of this chapter. (Ord. No. 07-013, § 2, 7-3-07) Editor's note—Ord. No. 96-55, Section 2, adopted January 21, 1997, repealed Article II. Exemption to Platting, Sections 1, 2, 3 and 4, and is hereby reserving said sections. ARTICLE II. WAIVERS AND SUBSTITUTIONS Section 1. Waivers. A. Eligibility. A waiver of the platting requirement may be considered when the land is to be divided into no more than two (2) contiguous lots and no more than three (3) regularly shaped areas are to be dedicated to the City of Boynton Beach (easements, tracts, parks, rights-of-way, etc.) and because: 1. Unusual conditions are created by ownership or development of adjacent lands, or 2. The land concerned is isolated or remote in its relationship to other platted or improved lands, or 3. The improvements and dedications existing on the land are substantially in accordance with the requirements of this chapter and if the waiving of the requirements for platting would not conflict with the purpose and intent of this chapter. B. Waiver application. Pursuant to Section 1 above, the developer shall submit an application for waiver of plat to the city engineer, who shall review the application and determine if one of the foregoing conditions exists and, upon affirmative determination, shall waive the requirement for platting. C. Appeal of waiver denial decisions. When the city engineer determines that an applicant is not eligible for a waiver to platting, the decision may be appealed to the City Commission as outlined in Chapter 1, Article VII. D. Requirements in lieu of platting. If platting is not required, a certified survey shall be submitted to the city engineer, who may require deeded rights-of-way and easements, reservations or improvements required in connection with platting under this ordinance, including the posting of surety to carry out the intent and purpose of this ordinance. (Ord. No. 96-55, § 3, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02) Section 2. Substitutions. A. Eligibility. A boundary plat may be submitted when portions of an existing subdivision or parcels of land being assembled to create a single developable property are of such simplicity or are surrounded by such development as to justify the waiving of the requirements for preparing a full replat. For the sole purpose of determining application fees, a boundary plat submittal shall be considered a pre-application submittal. 266 of 720 B. Master plan waiver. The submission of a master plan for a boundary plat may be waived at the option of the city engineer. C. Specific boundary plat requirements. All provisions of FS 177 and this Land Development Regulation shall fully apply to every boundary plat including, but not limited to, those tangible improvements required in Chapter 6 not already in place. (Ord. No. 96-55, § 3, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02) ARTICLE III. ADMINISTRATION Sec. 1. Administrative officer. For the purpose of coordinating, enforcing and administering this chapter, the city engineer shall be deemed administrative officer. Information, advice or recommendations shall be rendered only by the administrative officer, or his or her designee, following consultation with the planning and zoning director. (Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 07-013, § 2, 7-3-07) Sec. 2. Definitions. Terms in this chapter shall have the following definitions, if not previously accepted pursuant to the Unabridged Dictionary of the English Language. Supplemental definitions for specific technical terms should be defined at the reference location at which they first appear in this chapter. If a conflict exists in terms of the supplemental definitions with these definitions, the specific definition for the specific applicable condition shall apply. ABUTTING PROPERTY - Lying immediately adjacent to and sharing a common property line with other property. ACCESS - A way to enter or exit a facility or property. ACCESS, LEGAL - The principal means of access from a lot (or property) to a public street or to a private street over which a perpetual ingress and egress easement or right-of-way has been granted to the owners of any lot services by such street. ACRE - Land or water consisting of forty-three thousand five hundred sixty (43,560) square feet, and is not intended to be used for principal traffic circulation. ALLEY - A right-of-way providing a secondary means of access and service to abutting property. BENCHMARK - A relatively permanent material object, natural or artificial, bearing a marked point whose elevation above or below an adopted datum plane is known. BLOCK includes TIER or GROUP - A group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets, parks or other physical barriers and public space, having an assigned number, letter, or other name through which it may be identified. BOARD - Any board appointed by the City Commission, such as the Planning and Zoning Board. 267 of 720 CITY - The City of Boynton Beach, a municipality established in the County of Palm Beach, State of Florida, a municipal corporation under the name of City of Boynton Beach pursuant to the laws of Florida, 1947, Chapter 24398, Section 5. CITY ENGINEER - A Florida licensed professional engineer in charge of the City of Boynton Beach, Department of Public Works/Engineering Division, and who acts as the administrative officer for the purpose of implementing the city's platting requirements. CITY SURVEYOR AND MAPPER - A Florida licensed professional surveyor and mapper, under contract or employment with the City of Boynton Beach, Florida in accordance with F.S. § 177.081(1), as amended from time to time. CUL-DE-SAC - A street terminated at the end by a vehicular turn-a-round. DEVELOPER - The owners of record executing the dedication required by F.S. § 177.081, and applying for approval of a plat of a subdivision pursuant to this chapter. DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be limited to, a single-family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, condominiums or industrial projects, possibility of similar design, constructed as a unified community. Development shall also include the meaning given it in F.S. § 380.04, pursuant to a development order or permit. EASEMENT - Any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude. EGRESS - Exit. ENGINEER (P.E.) - A person registered as a professional engineer in the State of Florida, in accordance with F.S. Chapter 471, who is in good standing with the Florida Board of Professional Engineers. GOVERNING BODY - The City Commission of the City of Boynton Beach. GOVERNMENT - Any direct agency of any federal, state, county or city government including schools and the U.S. Postal Service. IMPROVEMENTS - May include, but not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewer, storm sewers or drains, street names, signs, landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), monuments, or any other improvement required by the city. INGRESS - Entry. LAND DEVELOPMENT REGULATIONS (LDR) - Ordinances of the city that govern any aspect of development, redevelopment and improvement of lands lying in the jurisdiction of the city and include but not limited to zoning, subdivision, health, environmental, landscaping, parking or sign regulations. These regulations are amended from time to time as deemed necessary by the city. 268 of 720 LEGAL ACCESS - A dedicated and recorded right-of-way, or easement, excluding utility or drainage easements, affording perpetual ingress and egress from a subject property to a public thoroughfare. LEGAL ENTITY - An entity that holds a certificate of authorization issued under F.S. Chapter 472, whether the entity is a corporation, partnership, association, or person practicing under a factitious name. LOT includes TRACT or PARCEL - The least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it may be identified. MONUMENT - An artificial or natural object that is permanent or semi-permanent, and used or presumed to occupy any real property corner, point on a boundary line, or reference point. A survey marker must: (1) Be composed of a durable material; (2) Have a minimum length of eighteen (18) inches; (3) Have a minimum cross-section area of material of 0.2 square inches; (4) Be identified with a durable marker or cap bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable; (5) Be detectable with conventional instruments for locating ferrous or magnetic objects. If the location of the monument falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable. MUNICIPALITY - The City of Boynton Beach, Florida. PCP - "Permanent control point" and shall be considered a reference monument. PCPs - Set in impervious surfaces must: (1) be composed of a metal marker with a point of reference. (2) Have a metal cap or disk bearing either the Florida registration number of the professional survey and mapper in responsible charge of the certificate of authorization of the legal entity, which number shall be preceded by LS or LB as applicable and the letter "P.C.P." PCPs - Set in pervious surfaces must: (1) Consist of a metal rod having a minimum length of eighteen (18) inches and a minimum cross-section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section area of 12.25 square inches and be a minimum of twenty-four (24) inches long. (2) Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters "P.C.P." PCPs - Must be detectable with conventional instruments for locating ferrous or magnetic objects. PLANNED COMMERCIAL DEVELOPMENT (PCD) - Land under unified control, uniformly zoned, planned, approved and developed as a single development operation or as a programmed series of phased development operations for commercial buildings and related uses and facilities in accordance with an approved master plan. PLANNED INDUSTRIAL DEVELOPMENT (PID) - Land under unified control, uniformly zoned, planned, approved and development as a single development operation or a programmed series of phased development operations for industrial buildings and related uses and facilities in accordance with an approved master plan. 269 of 720 PLANNED UNIT DEVELOPMENT (PUD) - Land under unified control, uniformly zoned, planned, approved and development as a single development operation or a programmed series of phased development operations for dwelling units and accessory uses and facilities. PLAT - A map or delineated representation of the combining of or subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with all requirements of all applicable provisions of F.S. Chapter 177, and may include the terms "record plat", "replat", "amended plat", or "revised plat". PLAT, BOUNDARY - A map or delineated representation for recordation of the combination of multiple pieces, tracts or lots into a single parcel for development purposes prepared, approved, and recorded in accordance with the requirements and procedures for a plat pursuant to F.S. Chapter 177. PLAT, FINAL - A finished plat including all signatures required for recordation except those signifying approval by the city. PLAT, PRELIMINARY - A copy of the plat in sufficient form to readily compare the plat with the development plan, subdivision plan and the construction plans. PLAT OF RECORD - A plat which conforms to the requirements of the applicable state laws, and Chapter 5 (Platting) of the City of Boynton Beach Land Development Regulations, and recorded in the Public Records of Palm Beach County, Florida. PRM - A permanent reference monument which must: (1) Consist of a metal rod having a minimum length of eighteen (18) inches and a minimum cross-section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section of 12.25 square inches and a minimum of twenty-four (24) inches long. (2) Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional survey and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters "P.R.M." (3) Be detectable with conventional instruments for locating ferrous or magnetic objects. If the location of the "P.R.M." falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable. PROFESSIONAL SURVEYOR AND MAPPER (P.S.M.) - A surveyor and mapper registered under F.S. Chapter 472, who is in good standing with the Board of Professional Surveyors and Mappers. PROPERTY OWNERS' ASSOCIATION (POA) - An organization under the laws of the state, operated under recorded maintenance and ownership agreements through which each owner of a portion of a development or subdivision, be it a lot, home, property or any other interest, is automatically a voting member, and each such member is automatically subject to a charge for a prorated share of expenses, either direct or indirect, for maintaining common properties within the development or subdivision, such as roads, parks, recreational areas, common areas, and other similar properties. Within the text of this chapter (Platting), a property owners' association is considered to be a single entity for property ownership. As used in this chapter, the term PROPERTY OWNERS ASSOCIATION shall also be deemed to include a homeowners association, condominium association or cooperative (apartment) association, as defined in F.S. Chapter 711, as amended, having a life tenure of not less than twenty (20) years, as well as a third party having an agreement with a condominium or cooperative association as permitted by F.S. Chapter 711, as amended. 270 of 720 PUBLIC AGENCY - Any government or governmental agency, board, commission, authority or public body of Palm Beach County, the State of Florida, or of the United States government, or any legally constituted governmental subdivision or special district. PUBLIC UTILITY - Includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead. REFERENCE POINT - Any defined position that is or can be established in relation to another defined position. RIGHT-OF-WAY - Land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals, or governing bodies. STREET - Any access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements for ingress and egress. SUBDIVISION - Land divided into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and re- subdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. STATE PLANE COORDINATES - The system of plan coordinates which has been established by the National Ocean Service for defining and stating the positions or locations of points on the surface of the earth within the state and shall hereinafter be known and designed as the "Florida State Plane Coordinate System". For the purpose of the use of this system, the zones established by the National Ocean Service in NOAA Manual NOS NGS 5, State Plane Coordinate System of 1983, shall be used and the appropriate projection and zone designation shall be indicated and included in any description using the Florida State Plane Coordinate System. SURVEY - The orderly process of determining facts of size, shape, identity, geodetic location, or legal location by viewing and applying direct measurement of features on or near the earth's surface using field or image methods; further defined as follows according to the type of data obtained, the methods and instruments used, and the purpose(s) to be served: (a) AS-BUILT SURVEY - A survey performed to obtain horizontal or vertical dimensional data so that constructed improvements may be located and delineated; also known as a Record Survey. (b) BOUNDARY SURVEY - A survey, the primary purpose of which is to document the perimeters, or any one of them, of a parcel or tract of land by establishing or reestablishing corners, monuments, and boundary lines for the purpose of describing the parcel, locating fixed improvements on the parcel, dividing the parcel, or platting. 271 of 720 (c) CONDOMINIUM SURVEY - A survey performed pursuant to F.S. Chapter 718; includes a Boundary Survey. (d) CONSTRUCTION LAYOUT SURVEY - The measurements made, prior to or while construction is in progress, to control elevation, configuration, and horizontal position and dimensions. (e) CONTROL SURVEY - A survey which provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping. (f) HYDROGRAPHIC SURVEY - A survey having as its principal purpose the determination of data relating to bodies of water, and which may consist of the determination of one or several of the following classes of data: depth of water and configuration of bottom; directions and force of current; heights and time of water stages; and location of fixed objects for survey and navigation purposes. (g) MEAN HIGH WATER LINE SURVEY - A survey to document the mean high water line as defined in F.S. Chapter 177, Part II. (h) QUANTITY SURVEY - A survey to obtain measurements of quantity. (i) RECORD SURVEY - A survey performed to obtain horizontal and vertical dimensional data so that constructed improvements may be located or delineated; also known as an As-Built Survey. (j) SPECIFIC OR SPECIAL PURPOSE SURVEY - A survey performed for a purpose other than the purposes detailed in (a) – (j) above, or (l) below. (k) TOPOGRAPHIC SURVEY - A survey of selected natural and artificial features of a part of the earth's surface to determine horizontal and vertical spatial relations. (l) DESCRIPTIONS - Written by a surveyor and mapper to describe land boundaries by metes and bounds shall provide definitive identification of boundary lines. A sketch shall accompany the property description showing all information referenced in the description and shall state that such sketch is not survey. The initial point in the description shall be tied to either a government corner, a recorded corner, or some other well-established survey point. SURVEY DATA - All information shown on the face of a plat that would delineate the physical boundaries of the unified property or the subdivision and any parts thereof. SURVEY DATA includes, but not limited to: (a) POINT OF CURVATURE, written "P.C.," means the point where a tangent circular curve begins. (b) POINT OF TANGENCY, written "P.T.," means the point where a tangent curve ends and becomes tangent. (c) POINT OF COMPOUND CURVATURE, written "P.C.C.," means the point where two (2) circular curves have a common point of tangency, the curves lying on the same side of the common tangent. 272 of 720 (d) POINT OF REVERSE CURVATURE, written "P.R.C.," means the point where two (2) circular curves have a common point of tangency, the curves lying on opposite side of the common tangent. UNITY OF TITLE - A document recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, stipulating that lots or parcel(s) of land shall be held under signal ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety. UTILITY - A governmental or franchised provider of water, sewer, electric, gas, telephone, telegraph, cable television or similar service. ZONING CODE - That portion or section of the Land Development Regulations that establishes or regulates, including but not limited to, permitted or conditional uses, minimum lot standards and site regulations, building heights, accessory uses and structures, and non-conforming lots and uses. (Ord. No. 07-013, § 2, 7-3-07) ARTICLE IV. PREREQUISITES TO PLATTING Section 1. Approved master plan. Prior to consideration of any proposed platting or replatting under this chapter, master plan approval as outlined in Chapter 3 of Part III, Land Development Regulations of the City of Boynton Beach, Florida must be obtained. For individual minor properties the master plan may be waived at the sole option of the planing and development director or his or her designee. (Ord. No. 02-033, § 4, 8-20-02) Section 2. Pre-application (preliminary plat). The purpose of the optional pre-application procedure is to allow the developer and the planning and zoning director the opportunity to consult informally prior to the preparation of the plat and formal application. A. A written pre-application (letter request) shall be submitted to the planning and zoning director. The written pre-application shall consist of the following: 1. Four (4) copies of the written statement previously submitted with the master plan in accordance with city requirements. 2. Four (4) copies of the preliminary plat in accordance with city requirements. 3. A fee as adopted by the City Commission to help defray the cost of processing the preliminary plat. B. Upon receipt of the statement and fee, the planning and zoning director shall notify the city engineer of the need for plat review. (Ord. No. 02-033, § 4, 8-20-02) ARTICLE V. PLAT PREPARATION AND APPROVAL Section 1. Preparation of final plat. 273 of 720 To obtain approval for a development in the City of Boynton Beach, the developer shall submit both a preliminary and a final plat to the city engineer, shall notify the planning and zoning director, and shall post surety as outlined in Section 2, paragraph A2, and Chapter 7, Article I, Section 3, made payable to the City of Boynton Beach, together with any restoration surety, as outlined in this Article, Section 2, paragraph A3, prior to placing final plat approval on a City Commission agenda. The preliminary plat shall meet requirements of the final plat, except that it shall be submitted without the required signatures and seals. It may also be submitted without maintenance and use covenants, condominium documents, deeds, or other legal documents not related to the survey or engineering design of the project. No improvements, including streets, drainage and the like, shall be accepted and maintained by the city unless and until the final plat has been approved by a professional surveyor and mapper, and the city engineer, as well as the City Commission; duly recorded; and all required improvements are completed, both public and private. A. Upon filing application for final plat approval, the developer shall pay a fee as adopted by resolution of the City Commission to help defray the cost of processing the final plat. In addition to the processing fee, the developer shall pay a fee equal to a percentage of the estimated cost of construction of improvements to defray the cost of administration of the subdivision. Said fee shall be as adopted by resolution of the City Commission, and shall be paid in full prior to placing final plat approval on a City Commission agenda. B. Failure to submit the final plat to the city engineer within six (6) months from the date of application shall require resubmittal. C. The final plat shall conform to the approved master plan. D. The final plat shall be drawn or printed on twenty-four by thirty-six (24 H 36) inch linen, chronoflex, mylar or other approved time stable material. The final plat shall be prepared by a professional surveyor and mapper currently registered in the State of Florida, and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one (1) inch equals one hundred (100) feet, or as otherwise determined by the city engineer. The final plat shall be prepared in accordance with the provisions of Chapter 177, Florida Statutes, as amended, and shall conform to the following additional requirements: 1. INDEX. When more than a single sheet must be used to accurately portray the lands being developed or subdivided, the first sheet shall contain an index plus a map showing the entire development delineating the number of the sheet where each portion is shown. Each sheet must show the particular number of that sheet, the total number of sheets included and clearly labeled matchlines to show where other sheets match or adjoin. 2. NAME OF DEVELOPMENT. The plat shall have a title or name acceptable to the city. When the plat is a new development, the name of the development shall not duplicate nor be phonetically similar to the name of any existing development. When the plat is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision. 3. PRIVATE STREETS AND RELATED FACILITIES. All streets and their related facilities designed to serve more than one property owner shall be dedicated to public use; however, private streets shall be permitted within property under single ownership such as a property owners' association, and shall be constructed in accordance with design requirements of public streets. Where private streets are permitted, ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility 274 of 720 to the association without recourse to the city or any other public agency. The rights-of-way and related facilities shall be identified as tracts for road purposes under specific ownership. 4. TITLE. The plat shall have a title printed in bold legible letters containing the name of the development; the name of the city, county and state; the section, township and range as applicable and if the plat is a replat, amendment or addition to an existing development or subdivision, it shall include the words "section, unit, replat, amendment, etc." 5. DESCRIPTION. Each plat shall show a full and detailed boundary description of the land embraced in the plat. The plat must be so complete that the starting point can be determined and the boundaries run without reference to the map. 6. DEDICATIONS, CERTIFICATIONS AND APPROVALS. The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by law, all being in the form set forth herein. a. Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication. All areas reserved for use by the residents of the development shall be so dedicated. All areas reserved for public use, such as parks, rights-of-way for roads, streets or alleys, shall be so dedicated; easements for utilities, rights-of-way and easements for drainage purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. When the owner is a corporation, the dedication shall be signed on behalf of the corporation by the president or vice-president and the secretary or assistant secretary, respectively, as set forth in Sec.1.D.6.b. b. Mortgagee's consent and approval. All mortgages along with the mortgagee's consent and approval of the dedication are required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee(s) must be witnessed and the execution must be acknowledged in the same manner as mortgages are required to be witnessed and acknowledged. In case a mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president or vice-president and the secretary or an assistant secretary, respectively, by and with the authority of the board of directors. c. Certification of surveyor and mapper. The plat shall contain the signature, registration number and official seal of the surveyor and mapper certifying that the plat complies with Chapter 177, Florida Statutes, as amended, and this ordinance. When plats are recorded and improvements are to be accomplished under surety posted as provided for by this ordinance, the required improvements and surety shall include P.C.P.'s. d. City approval. The plat shall be reviewed for conformity to F.S., Ch. 177, as amended, by a professional surveyor and mapper, either by or under contract to the city, and evidence of this review shall be shown on the plat. The plat shall also contain the approval and signature block and date for the mayor and the city engineer with the acknowledgment and signature of the city clerk. e. County approval. The plat, when required by the City Commission, shall also contain the date of approval of the board of county commissioners; the signature block of the chairman of the board; the signature block of the county engineer; and the acknowledgment and signature block of the clerk of the circuit court. 275 of 720 f. Certification of title. A title certificate shall be contained on the face of the first page of the plat. The title certificate shall state: (1) That the lands as described and shown on the plat are in the name, and that apparent record title is held by the person, persons or organizations, executing the dedication; (2) That all taxes have been paid on said lands as required by F.S., § 197.192, as amended; and, (3) All mortgages on the land and indicate their official record book and page number. The title certification must be an opinion of an attorney-at-law licensed in Florida, or the certification of an abstractor or a title insurance company licensed in Florida. 7. SURVEY DATA. The final plat shall show the length of all arcs together with central angles, radii, and points of curvature including, but not limited to, block corner radii. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement and all other areas shown on the plat and all areas shall be within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include: a. The scale, both stated and graphically illustrated, shall be shown on each sheet. b. A prominent North arrow shall be drawn on every sheet included showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend. c. The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters. d. All intersecting street lines shall be joined to form required safe sight corners pursuant to city standards, and all dimensions shall be shown. e. All adjoining property shall be identified by a subdivision name, plat book and page or, if unplatted, the land shall be so designated. f. Permanent reference monuments shall be shown in the manner prescribed by F.S. Ch. 177, as amended. All information pertaining to the location of "P.R.M. s" shall be indicated in note form on the plat. Permanent Control Points and Permanent Reference Monuments shall be designed and set as prescribed by F.S. Ch. 177, as amended. g. Reserve on each sheet of the plat a three by five (3 x 5) inch space in the upper right-hand corner to be used by the clerk of the circuit court for recording information. h. The map shall mathematically close within one hundredth (.01) feet and shall be accurately tied to all township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter section corner, section comer or government corner. i. The initial point in the description shall be accurately tied to the nearest quartersection corner or government corner. Each government corner being used shall be identified. If the development 276 of 720 being platted is a re-subdivision of a previously recorded subdivision, then a tie to a Permanent Reference Monument from the parent plat is sufficient. If the development is a re-subdivision of a part of a previously recorded subdivision, sufficient ties to controlling lines appearing on the parent plat must be provided to permit an overlay. The position and orientation of the plat shall conform to the Florida State Plan Coordinate System in the manner established by the City Engineer and prescribed in the Engineering Division's Design Handbook and associated forms. j. The cover sheet or first page of the plat shall show a vicinity sketch, showing the subdivision's location in reference to other areas of the city. k. A complete legend of abbreviations shall be shown. 1. All lettering on the plat shall be at a minimum 0.10 of an inch in height. m. The plat boundary and all parcels shown on the development or subdivision plats intended to be conveyed in fee title shall be delineated by solid lines. n. Lines intersecting curves shall be noted as radial or non-radial as the case may be. o. A note addressing any abandoned underlying lands or easements, including record information, shall be shown. p. Tabulation of survey data: (1) The use of tangent tables is not permitted. However, at the discretion of the City Engineer on a case by case basis, the use of a tangent table to reflect corner clip (safe sight) chords may be permitted if deemed necessary to meet requirements of neatness and clarity of the plat. Scale factors shall not be considered. Such tables, when permitted, must appear on the map sheet to which they refer and tangents shall be numbered consecutively through the entire presentation. (2) Curve data may be tabulated subject to the following conditions or exceptions: (a) External boundary or centerline curve data may not be tabulated. (b) Where data is tabulated, a minimum of the delta angle, radius and arc length and the curve designation number or letter will be shown on the plat. (c) Curve tables reflecting the tabulated data will appear on the map sheet on which the curves appear. 7.5. LOT AND BLOCK IDENTIFICATION. Each lot and block shall be numbered or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block. Blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision. 8. STREET NAMES. The plat shall contain the name of each street shown on the plat. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, excluding a numerical system, duplicate or be phonetically similar to existing street 277 of 720 names, regardless of the use of the modifier "street," "avenue," "boulevard," "drive," "place," "court," etc. 9. EXCLUDED PARCELS. Where an excluded parcel is completely surrounded by areas included within the plat, sufficient easements or right-of-way to provide necessary access, utilities, and drainage to the excluded parcel shall be provided. No strip or parcel of land shall be reserved by the owner unless the same is sufficient in size and area to be of some particular use or service. The intended use of all reserved areas shall be shown on the plat in note form on the cover sheet. 10. EASEMENTS. The plat shall contain a statement that no buildings or structures shall be placed within easements. Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus twenty (20) feet on one (1) side to permit equipment to enter for maintenance purposes. Easements for supporting utility systems shall also be provided where necessary at a width adequate to accommodate their depths. A minimum width of twelve (12) feet shall be provided for these systems. Where sanitary sewer systems are greater than five (5) feet in depth, the minimum utility easement width shall be twice the greatest depth point on any link segment plus two (2) feet in order to access the system during any servicing required task. 11. RESERVATIONS AND RESTRICTIVE COVENANTS. Restrictions pertaining to the type and use of water supply; type and use of sanitary facilities; use and benefits of water areas, canals and other open spaces; odd-shaped and substandard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and such covenants shall be noted on the plat. Documents pertaining to restrictive covenants shall be submitted with the final plat. 12. WATERWAYS. Land which includes any existing or proposed private waterways shall be included on the original plat together with formal acceptance of maintenance by the subdivider, his grantees and assigns, for said waterways including vegetated littoral zones, and, further the duty, at their expense, of keeping same free of weeds, hyacinths, cloggage or other debris or noxious material. 13. PLANNED DEVELOPMENTS. All plats for planned developments shall be identified as to the type of development being platted. For example, all planned unit developments shall contain "P.U.D." within the title; all planned commercial developments shall contain "P.C.D." within the title; all planned industrial developments shall contain "P.I.D." within the title; or any combination thereof shall be identified within the title of the plat. 14. MOBILE HOME PARK SUBDIVISIONS. Mobile home subdivisions shall be in the proper zone for such development and prior to the submittal of the final plat and supporting data shall have the approval of the final zoning authority and shall meet all of the requirements of the zoning code. The dedication on the plat of a mobile home subdivision shall include the following additional provisions or wording equal hereto: "Said owner(s) hereby dedicate(s) the lots shown on the plat exclusively for mobile home or trailer parking and use incidental thereto, except as to the lots indicated for other purposes on the plat. Mobile home or trailer parking is prohibited everywhere except on the indicated lots. Areas indicated as parks or playgrounds are dedicated for the use of the owners of the lots shown on this plat." 278 of 720 Mobile home subdivision plats shall conform to all the requirements of this ordinance and the requirements of Chapter 177, Florida Statutes, as amended. (Ord. No. 96-55, § 4, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03; Ord. No. 07-013, § 2, 7-3-07) Section 2. Submission of final plat. A. Upon completion of the foregoing requirements, six (6) copies of the final plat shall be submitted to the office of the city engineer and be accompanied by the following: 1. Four (4) sets of the construction plans approved for technical compliance and approved health department permits for sewer and water in accordance with city requirements; and 2. Surety guaranteeing that all work required that will not be constructed, owned and maintained in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat and approved construction plans; with all development conditions attached thereto; and with the Boynton Beach Land Development Regulations, provided that no surety is required for sewage collection and transmissions systems, water distribution systems and transmissions systems which will be conveyed to the city upon completion of their construction. Surety shall be in substantially the form and amount delineated in Chapter 7; and 3. Restoration surety in compliance with Chapter 7 in the amount of one hundred ten per cent (110%) of the engineer's certified cost for restoring the site to its original condition including, but not limited to, repair of access/haul routes; seed; sod; landscaping; drainage and utilities; and 4. A check payable to the City of Boynton Beach representing the fee described in Article V, Section 1.A hereinbefore; and 5. A copy of the property owners association documents. These documents shall indicatethe maintenance responsibility for street lighting and shall provide for the formation of a special taxing district to assume maintenance responsibility for the street lighting system in the event of the dissolution of the property owners association; and 6. Supplementary material as required by the office of the city engineer, i.e. deeds, easements, etc., when access, drainage, or utility services cannot be accomplished through platted rights-of-way deeds or easements to accomplish access, drainage or utility service; and 7. A check payable to Palm Beach County in the amount of the plat recording fees. B. The city engineer, or his or her designee, shall examine the final plat as to its compliance with the constitution and statutes of the State of Florida and the ordinances of the City of Boynton Beach and shall in writing, within thirty (30) days, report his finding, recommendations or approval to the developer in writing. Reference shall be made to the specific article, section and paragraph with which the final plat does not comply. If deficiencies exist, they shall be corrected by the developer. If the final plat meets the provisions of this ordinance, and complies with the statutes of the State of Florida and the ordinances of the City of Boynton Beach, the city engineer shall submit the final plat to the City Commission for final plat approval. The City Commission may after its approval also require county approval prior to recording. 279 of 720 (Ord. No. 96-55, § 4, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 07-005, § 2, 3-5-07; Ord. No. 07-013, § 2, 7-3-07) Section 3. Final plat recording requirements. The final plat, signed and sealed, reviewed by a professional surveyor and mapper, signed by the mayor and the city engineer, and acknowledged by the city clerk, shall be presented to the Palm Beach County Clerk (or county engineer if county approval is required) to complete the formal recording process. (Ord. 02-033, §§ 3, 4, 8-20-02) ARTICLE VI. PREVIOUSLY PLATTED SUBDIVISIONS Section 1. Active subdivision development. A plat and/or improvement plans for a subdivision that has been approved under the subdivision regulations adopted by the City Commission on March 25, 1959, and amendments thereto, may be completed as approved under those regulations with respect to the approved plans and/or plat. Additions thereto which have not been approved shall be subject to the requirements of these land development regulations. Section 2. Reversion of subdivided land to acreage. The official records of Palm Beach County contain plats recorded prior to the adoption of these land development regulations governing development in the City of Boynton Beach. Such plats show areas within the City of Boynton Beach which have been platted as subdivisions, but which have either been partially improved or developed or remain unimproved or undeveloped. These areas, if fully or partially developed as platted, would not conform to the current needs of urbanization in the City of Boynton Beach as established herein. A. The Boynton Beach, Florida, City Commission shall have the power, on its own motion, to order the vacation and reversion to acreage of all or any part of such subdivision within the incorporated areas of the City of Boynton Beach, including the vacation of streets or other parcels of land dedicated for public purposes or any portion of such streets or other parcels. B. Such order of vacation and reversion of subdivision plats may only be made by the City Commission under the following conditions: 1. A plat of the subdivision was recorded as provided by law not less than five (5) years before the date of proposed reversion to acreage; and 2. In the subdivision or part thereof proposed to be reverted to acreage, not more than thirty-five per cent (35%) of the unimproved portion of the subdivision area has been sold as lots with sixty-five per cent (65%) left under one ownership. C. Prior to ordering such a vacation and reversion to acreage the City Commission shall hold a public hearing relative to the proposed vacation and reversion to acreage, with prior notice thereof being given by publishing in a newspaper of local circulation the date of and the subject matter of the hearing at least once within the two-week period preceding the date of such public hearing. At such public hearing, the vacation and reversion to acreage of subdivided land must be shown to conform to the comprehensive plan of the area and that the public health, safety, economy, comfort, order, and welfare will be promoted thereby. No owner of any parcel of land in a subdivision so vacated shall be deprived of reasonable access to or from such parcel to which such parcel has theretofore had access. Access 280 of 720 after such vacation and reversion need not be the same as theretofore existing, but shall be reasonably equivalent thereto. D. The owner or owners of a subdivision subject to vacation and reversion to acreage may at their option vacate or abandon the subdivision or portion thereof, or may improve undeveloped rights-of-way or rights-of-way which have been partially improved at their cost and expense, provided such improvements comply with the provisions of this ordinance and are acceptable to the City Commission for maintenance. Section 3. Improvement of existing partially developed subdivisions not subject to vacation and reversion to acreage. The improvement of existing partially developed subdivisions not subject to vacation and reversion to acreage shall comply with the requirements of this ordinance and the following: A. ROAD AND STREET RIGHTS-OF-WAY. The existing right-of-way for local streets shall be considered sufficient, provided it is at least fifty (50) feet wide and the improvements comply with the fifty-foot typical section for road construction contained in city standards. If the existing right-of-way is less than fifty (50) feet wide, additional right-of-way shall be provided to make a total of not less than fifty (50) feet. B. EASEMENTS. Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus twenty (20) feet on one side to permit equipment to enter for maintenance purposes. C. PLATTING. Compliance with platting sections of this ordinance are not required where the improvements are contained in existing platted rights-of-way and no additional right-of-way dedication is needed. Drainage rights-of-way and easements where a plat is not required shall be accomplished by separate instrument dedicating the easement and/or rights-of-way for such purposes. Section 4. Waiver. In portions of a subdivision which are not under the control or ownership of the developer, the city engineer may waive the additional right-of-way requirement set forth in paragraphs A through C of Section 3 hereinbefore, when it is shown to be impossible for the developer to acquire the required additional right-of-way. (Ord. 02-033, § 3, 8-20-02) Section 3. Land Development Permit (LDP). A. General. 1.Purpose and Intent. The purpose and intent of this subsection is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of land development permits, and to ensure that developments comply with the drainage requirements of the South Florida Water Management District and other external agencies, and the respective standards described in the Engineering Design Handbook and 281 of 720 Construction Standards, the City’s Code of Ordinances, and these Land Development Regulations. 2.Applicabilty. For the purposes of this subsection, a modification shall be construed to exclude simple maintenance and repairs of existing improvements and infrastructure. Unless otherwise determined by the City Engineer or designee, a land development permit (LDP) shall be required prior to commencement of any new construction of, or modification to, the following: a.Impervious Surfaces. Any impervious surfaces of 800 square feet or more; b.Off-Street Parking Areas. Off-Street parking, vehicular use area, and loading zones on private property as described in Chapter 4, Article VI (Parking Lot, Vehicular Use Area, and Loading Zone Standards); c.Required Improvements. Any drainage, storm water and wastewater systems, and the other required improvements (e.g. utilities, streets, sidewalks, pedestrian and bicycle paths, etc.) as described in Chapter 4, Article VIII (Utility and Infrastructure Standards); d.Landscaping and Irrigation. Landscaping, including its irrigation, located within rights-of-way or that which is required on private property pursuant to Chapter 4, Article II (Landscaping Design and Buffering Standards); e. Excavation and Fill. Any excavation, grading, dredging, or fill activities pursuant to Chapter 4, Article XI (Excavation and Fill Regulations); f.Exterior Lighting. Any exterior site lighting located within public rights-of-way or that which is required in off-street parking areas or other vehicular use areas pursuant to Chapter 4, Article VII (Exterior Lighting Standards); and g. Abutting Rights-of-Way. The application for an LDP shall generally include any off-site improvements and construction activity proposed to, or within, an abutting or contiguous right-of- way; however, the City Engineer shall have the authority to require a right-of-way permit in those instances when the scope of work is such that it is not located within close proximity of the subject property or abutting right-of-way, and is a considerable distance off-site, and is not a direct component of the subject LDP. 3. Prerequisites to the Land Development Permit. The City Engineer or designee shall not commence the review of a land development permit application in instances when the Director of 282 of 720 Planning and Zoning or designee determines that a zoning permit, site plan, or modification thereto is necessary. See Chapter 2, Article II, Section 2.F for the site plan (and modification) review process, and Chapter 2, Article II, Section 5.C for procedure related to the zoning permit application. The review of an LDP application however, may occur concurrently with the review of a final plat in instances when the City Engineer determines a plat or replat is required, but the LDP shall not be issued until the final plat is approved. B. Submittal Requirements. An application form for a land development permit shall be provided by the Engineering Division. Unless the City Engineer or designee determines otherwise, the applicant shall submit the completed form, pay the fee as adopted by resolution by the City Commission, and provide all documentation required hereunder: 1. Survey. Five (5) surveys sized 24” x 36”, not older than six (6) months, and one (1) additional copy sized 11” x 17”, showing the subject property and any affected rights-of-way, including alleys, shall be prepared and sealed by a licensed surveyor. The surveys shall also illustrate the following: a. Total gross project acreage and square footage; b. North arrow, scale, and legend; c. Property boundaries, legal description, and property control number(s); d. Existing natural features, including but not limited to lakes, trees and other vegetation, soils, and topography; e. Existing buildings and structures, including dimensions, height, and use; f. Existing utility lines and easements; g. Existing ground elevations (street and finished floor); and h. Permanent reference monuments and permanent control points as required by Chapter 4, Article VIII, Section 4. 2. Site Plan. Five (5) site plans sized 24” x 36” and one additional (1) copy sized 11” x 17” shall be prepared and sealed by a professional architect, engineer, or landscape architect registered in the State of Florida. The site plan shall be drawn to scale and indicate the following: a. Total gross project acreage and square footage; b. North arrow, scale, and legend; 283 of 720 c. Future Land Use Map Classification (FLUM) and Zoning District (from Official Zoning Map); d. Tabular summary indicating the total building area expressed in square footage, including nonresidential floor area (if applicable) and intended use of such floor area; e. Tabular summary indicating the total number of dwelling units (if applicable), including characteristics such as number of bedrooms, bathrooms, and size of each typical unit; f. Tabular summary indicating square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas and other paved surfaces, building coverage, and pervious and impervious surfaces; g. Tabular summary indicating number and ratio (methodology) of required and provided off-street parking spaces and loading zones; h. Existing buildings and structures which are to remain, and any proposed buildings and structures, including dimensions, height, setbacks, and use; i. Proposed off-street parking spaces, loading zones, and vehicular use areas (i.e. driveways), including dimensions, setbacks, traffic control markings, and signage; j. Proposed sidewalks and pedestrian areas, including dimensions and setbacks; k. Proposed fences and walls, including dimensions, setbacks, height, and material; l. Proposed location of exterior freestanding lighting fixtures; and m. Proposed dumpster or trash receptacle location(s). 3. Civil Engineering Drawings. Five (5) civil engineering drawings sized 24” x 36” and one additional (1) copy sized 11” x 17” shall be prepared and sealed by a professional engineer registered in the State of Florida. The civil engineering drawings shall be drawn to scale and illustrate the same general information as that shown on the site plan following (including associated easements and dedications), in addition to containing the following: a. Paving and grading; 284 of 720 b. Potable water and sanitary sewer systems; c. Stormwater management and drainage calculations that were used in the design of the water management system; and d. Typical sections and summary of quantities; e. Street lighting; and f. Traffic control markings; 4. Landscape Plan. A detailed landscape plan shall only be required for those permit applications associated with the required landscaping as described in Chapter 4, Article II or by the Engineering Design Handbook and Construction Standards. The applicant shall be required to submit five (5) landscape plans sized 24” x 36” and one (1) additional copy sized 11” x 17”, all of which drawn to scale, and prepared and sealed by a professional landscape architect in the State of Florida. The plans shall illustrate the same general information as that shown on the site plan, in addition to containing the following: a. Proposed vegetation (trees and shrubs), including species, height, and size, and any which are to remain; b. Locations of protected or specimen trees; c. Tabular summary of plant list indicating type of plant by common and botanical name, and quantity; d. Proposed berms, watercourses, and other topographic features; and e. A notation on the method of irrigation. 5. Irrigation Plan. A detailed irrigation plan shall only be required for those permit applications associated with landscaping and irrigation lines as regulated under Chapter 4, Article II or by the Engineering Design Handbook and Construction Standards. The applicant shall be required to submit five (5) irrigation plans sized 24” x 36” and one (1) additional copy sized 11” x 17”, all of which drawn to scale, and prepared and sealed by a professional landscape architect in the State of Florida. The plans shall illustrate the same general information as that shown on the site plan, in addition to containing the following: a. Location and size of public water meter(s) (domestic and reclaimed) service(s), well or lake water or cistern storage source, pressure tank and rust chemical treatment. b. Location and size of backflow prevention device, and automatic smart controller; 285 of 720 c. Static water and design pressure at point of connection and pressure-regulation valve shall be installed and maintained if static service pressure exceeds 80 pounds per square inch. The pressure regulating valve shall be located after the meter. d. Location of power source (single or three phase); e. Location, type, size, and depth of all irrigation main and lateral lines, and sleeves; f. Location, type, size, circuit number, and gallons per minute, precipitation rate and plant types for each control valve; g. Location and type of all irrigation heads, quick couplers, gate valves, automatic flush valves, air vacuum relief valves, soil moisture sensors, control switches, pumps, starters, and other related equipment; h. Installation details and outline specifications for backflow prevention device, metal caging, controller, control valves, quick couplers, emitter heads, drip lines and emitters, automatic and / or manual flush valves, air vacuum, relief valves, main line and later line pipe, wire connection details, and all other irrigation related operations; i. Irrigation legend with symbol, size, manufacturer, model number, PSI and GPM shown on each sheet; j. Irrigation general notes and outline specification and applicable to project; and k. Weekly and monthly watering schedule for each hydrozone, l. Calculations for estimated monthly water savings. 6. Tree Management Plan. A detailed tree management plan shall only be required for those permit applications associated with the removal of plant material as regulated under Chapter 4, Article I. The applicant shall be required to submit five (5) tree management plans sized 24” x 36” and one (1) additional copy sized 11” x 17”, all of which drawn to scale, and prepared and sealed by a professional landscape architect in the State of Florida. The tree management plan shall illustrate the same general information as that shown on the site plan. All trees to be removed from the site shall be indicated on the plan with a notation regarding the reason for such removal. All trees to be relocated from one (1) area to another (on-site) shall be indicated on the plan, and the reason for such relocation. 286 of 720 7. Photometric Plan. A detailed photometric plan shall only be required for those permit applications associated with exterior lighting as regulated under Chapter 4, Article VII or by the Engineering Design Handbook and Construction Standards. The applicant shall be required to submit five (5) photometric plans sized 24” x 36” and one (1) additional copy sized 11” x 17”, all of which drawn to scale, and prepared and sealed by a professional engineer in the State of Florida. The plans shall illustrate the same general information as that shown on the site plan, in addition to containing the following: a. Detail of each type of exterior freestanding lighting fixtures, including material, color(s), height, and sizes; b. Illumination levels (in footcandles), including a summary table indicating the average, minimum, and maximum footcandle levels; c. Certification of compliance with the latest edition of the Florida Building Code and the capacity to withstand 140 MPH wind load; and d. Proposed conduit routing. 8.Grading Plan . A detailed grading plan shall only be required for those permit applications associated with excavation, grading, dredging, or fill activities as regulated under Chapter 4, Article XI. The applicant shall be required to submit five (5) grading plans sized 24” x 36” and one (1) additional copy sized 11” x 17”, all of which drawn to scale, and prepared and sealed by a professional engineer registered in the State of Florida. The plans shall illustrate the following: a. A topographical map depicting existing grade, paved conditions, and vegetation on the referenced property and to a point 50 feet off the property in all directions; b. A phasing plan, where applicable; c. Soil borings indicating the depth of the various materials to be dredged or excavated; d. A map indicating the location of soil borings; e. A topographical map with finished land elevations shown; f. A description of the method(s) involved in the excavation; g. A listing of the person or persons responsible for the work proposed; h. Tabulation of the amount of material to be moved; 287 of 720 i. Plans for the abatement of nuisances such as the flowing of dust and sand; j. The steps to be taken to protect the water resources, if applicable; k. The height and location of proposed stockpiles; l. The duration of stockpiling; m. The duration of the work; n. Traffic plans to include the treatment of internal roads, private or public street crossings; o. Points of ingress and egress to the site; p. Location of turn lanes, if appropriate; and q. Methods to ensure public safety during and after the work to be performed. C. Review Criteria. The land development permit shall be consistent with the corresponding site plan and final plat, and comply with the standards and requirements pertaining to paving, grading, and drainage as described in the City’s Code of Ordinances, Land Development Regulations, Engineering Design Handbook and Construction Standards, and as regulated by the South Florida Water Management District and other external agencies. D. Approval Process. 1.Initial Review. Within 20 business days following the submittal of a land development permit application, the City Engineer or designee shall review the civil engineering drawings to ensure that the paving, grading, and drainage complies with the review criteria of Section 3.C above. If deficiencies persist on the drawings, the City Engineer shall provide the applicant’s engineer of record with a written account of all the issues, citing the specific chapter, article, section, and paragraph. Upon receipt of such findings, the engineer of record shall make the necessary corrections or revisions as defined in the written statement, and resubmit the civil engineering drawings to the Engineering Division. 2.Technical Compliance and Issuance of Permit. Once the drawings are found to be acceptable, the City Engineer or designee shall issue a written statement of technical compliance, and notify the applicant of any fees, surety (in accordance with Section 6 below), and permits that are required from any external agencies, such as from the South Florida Water Management District or Department of Transportation. The LDP shall be issued by the Engineering Division once the aforementioned 288 of 720 items, the final plat, and any other documents required by the City Engineer or designee, are found to be acceptable and meets the provisions of this ordinance. The applicant will then be allowed to commence work on the impervious surface, off-street parking, vehicular use areas and loading zones, paving, grading, and drainage systems, and other required improvements as specified in Section 3.A.2 above. 3.Construction Activity. Construction shall be performed under the surveillance of, and at all times, be subject to review by the City Engineer or designee; however, this no way shall relieve the Florida- registered engineer of record of responsibility for administration, coordination, and final compliance with the approved plans, specifications, and all applicable rules, laws, ordinance, and resolutions. The City Engineer or designee shall have the authority to enter the property during the progress of construction. The applicant’s engineer of record shall submit construction progress reports at points of progress prescribed by the City Engineer, as well as final certification of completion of required improvements. The engineer of record shall coordinate joint reviews of construction with the City Engineer or designee. The City Engineer or designee shall have the authority to stop work upon failure of the developer or engineer of record to administer and / or coordinate the construction of the required improvements as prescribed by this ordinance. 4.Completion. In order for final closeout and project completion of the required improvements, the engineer of record shall certify in writing that the required improvements were installed under his responsible direction; that all improvements conform with the approved civil engineering drawings, and all laws, regulations, codes, and ordinances. In addition, the applicant’s engineer of record shall submit tests and reports (concerning the work and materials used during construction of the required improvements), in addition to as-built drawings on a high quality time stable reproducible material showing the original design as compared to the actual finished work. E. Expiration. All required improvements shall be completed within one (1) year of the date of issuance of the LDP. Unless the time period is otherwise extended, the permit shall become null and void if the applicant is unable to complete the work within the above timeframe. F. Extension. An applicant may petition the city Engineer to extend the approval of a land development permit for an additional time period, not to exceed one (1) year, provided that such written request for extension is filed 30 days prior to the expiration of the preceding one (1) year period. The fee for the extension shall be in the amount as adopted from time to time by the City Commission. G.Miscellaneous. No Certificates of Occupancy will be issued for buildings in the platted developments until all required improvements are completed, approved, and / or accepted by the City, except that it is the 289 of 720 prerogative of the developer to post an additional 110% surety for work that may be more prudently put in place subsequent to building construction, such as sidewalks and landscaping. Certificate of occupancies will not be issued until such work is approved and / or accepted by the City as completed. ARTICLE VII. LAND DEVELOPMENT PERMIT A land development permit shall be required prior to commencement of construction of required improvements, except as provided in Chapter 6, Article I, Sec. 2. The land development permit shall be issued by the city engineer, in conjunction with approval of and agreement for construction of required improvements, and after formal approval of the final plat by the City Commission. The effective date of the land development permit shall be the date the city engineer signs it. The land development permit shall expire not more than twelve (12) months from the effective date, unless extended by the city engineer. As a final step in the review procedures to obtain development approval under this article, the developer shall have prepared and shall submit, prior to expiration of the technical compliance, a request for the land development permit. The application for the land development permit shall be accompanied by the required fee and the required number, as determined by the city engineer, of the following documents applicable to the subdivision or approved phase thereof: A. FINAL PLAT. Developments which are platting shall submit the final plat complying with Article V of this chapter, and a check for the plat recordation, payable to the Clerk of the Circuit Court of Palm Beach County, in the required amount. B. CERTIFIED SURVEY. Developments for which the requirement to plat has been waived pursuant to this chapter shall submit a check payable to the Clerk of the Circuit Court of Palm Beach County for the recordation of the survey. When construction plans are not required, the certified survey may be recorded without further review, provided, however, that the city engineer shall review any documents submitted in compliance with paragraph "C" below. C. MAINTENANCE AND USE DOCUMENTS AND OTHER DOCUMENTS. A copy of the maintenance and use covenants and any other documents required by the city engineer as a condition of Technical Compliance shall be submitted. The maintenance and use covenants shall include the maintenance responsibility for all common areas and improvements within the subdivision, and shall comply with all applicable requirements. D. CONSTRUCTION PLANS AND SUPPLEMENTAL ENGINEERING INFORMATION. Construction plans shall conform with the plans which received Technical Compliance or, if modified, shall be accompanied by a written statement from the Developer's engineer which details, explains, and justifies the modifications. Construction plans shall comply with the requirements of Chapter 6 and, prior to issuance of a land development permit, shall have received all applicable approvals of requisite governmental agencies. E. DEVELOPER'S ACKNOWLEDGMENT OF RESPONSIBILITY FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS. The request shall indicate whether the required improvements are to be constructed prior to recordation or after recordation of the plat or survey. When the required improvements are to be constructed after recordation, the Developer shall submit a statement acknowledging responsibility for completion of said required improvements. The statement shall be in the form contained in the latest version of Engineering Division's Design Handbook, and shall be executed by all owners shown on the applicable final plat. The statement shall be accompanied by a guarantee for completion of required improvements, pursuant to Chapter 6. Said guarantee shall meet the applicable requirements of paragraph "F" below. 290 of 720 F. GUARANTEES. All guarantees required pursuant to Chapter 6 shall be in one of the forms prescribed in the Engineering Division's Design Handbook or in an alternate form approved by the city attorney. The initial guarantee shall be in an amount equal to one hundred ten percent (110%) of the construction cost of the required improvements. The guarantee shall be in one of the following types: 1. Cash bond. Completion of the required improvements may be secured by cash deposited by the developer with the city or in an account subject to the control of the city in accordance with an agreement on such deposit or account. The developer shall be entitled to receive any interest earned on such deposit or account. 2. Letter of credit. Completion of the required improvements maybe secured by a clean irrevocable letter of credit issued to the city in accordance with the city letter of credit policy. The expiration date of the letter of credit shall be at least three (3) months after the completion date for construction of the required improvements pursuant to the initial land development permit of any subsequent extension thereto. 3. Performance or surety bond. Completion of the required improvements may be secured by a performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. It shall guarantee that all work will be completed in full accordance with the approved land development permit. 4. Escrow deposit. Completion of the required improvements may be secured by an executed escrow agreement, between the Developer, a bank approved by the city, and the city as the third party beneficiary. The escrow agreement shall require that release of the funds, or any part thereof, shall be subject to city approval. (Ord. 02-033, §§ 2, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03) ARTICLE VIII. SALE OR TRANSFER OF PROPERTY It shall be unlawful for anyone who is the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision to such land without having submitted a plan and plat of such subdivision for approval as required by this ordinance and without having recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. The City Commission may bring injunctive action to enjoin such transfer, sale or agreement. Failure to comply with the provisions of this section shall not impair the title of land so transferred or affective validity of the title conveyed. However, a purchaser of land sold in violation of this section shall, within one year from the date of purchase thereof, be entitled to bring an appropriate action to void such sale or to bring action against the seller for any damage which he suffers as a result of the seller's unlawful act, or both. CHAPTER 6. REQUIRED IMPROVEMENTS ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS Section 1. Construction methods. 291 of 720 Construction methods shall be those prescribed in the current “Department of Transportation Standard Specifications for Road and Bridge Construction.” Section 2. Administration of construction. After issuance of a land development permit by the city engineer, a developer may construct the required improvements subject to obtaining all required permits. Construction shall be performed under the surveillance of, and shall at all times be subject to review by, the city engineer or his designee; however, this in no way shall relieve the developer and his or her Florida-registered engineer of the responsibility for administration, coordination and final compliance with the approved plans, specifications and all applicable rules, ordinances, resolutions, laws, etc. The city engineer or his designee shall have the right to enter the property during the progress of construction. The developer's engineer shall submit construction progress reports at points of progress prescribed by the city engineer, as well as final certification of completion of required improvements. The developer's engineer shall coordinate joint reviews of construction with the city engineer or his designee. The city engineer, or his designee, shall have the authority to stop work upon failure of the developer or his engineer to administer and/or coordinate the construction of the required improvements as prescribed by this ordinance. (Ord. No. 02-033, §§ 2-4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03) Section 3. Measurements and tests. The city engineer may require, at his or her discretion, tests and measurements that he or she deems necessary. (Ord. No. 02-033, § 3, 8-20-02) Section 4. Construction documents. A. PREPARATION & SUBMITTAL OF CONSTRUCTION DOCUMENTS. Upon approval of the master plan by the City Commission, the developer shall prepare and submit to the city engineer within six (6) months, six (6) copies of the proposed record plat, four (4) sets of signed and sealed construction plans, along with a non-reimbursable fee, as adopted by resolution of the City Commission, payable to the City of Boynton Beach. The development or subdivision of a large tract may be developed in two (2) or more phases and the developer may submit construction plans for approval to develop the project in phases. The construction plans and plat shall coincide with the master plan and/or site plan as approved or modified in accordance with city regulations, and any deviation desired by the developer must be approved by the Technical Advisory Review Team (TART) in the Planning and Zoning Division of the Department of Development by application from the developer and re-submittal of the conceptual development plans pursuant to the requirements of the Land Development Regulations (LDR). B. CONSTRUCTION PLANS. 1. Construction plans shall be submitted for all the improvements required by this ordinance. The plans shall be under separate cover for each of the following when required: a. Paving, grading and drainage b. Bridges c. Water and sewerage systems 292 of 720 d. Street lighting, landscaping within public rights-of-way, parks, recreational areas and parking areas. Plans for street lights shall have the approval of the requisite utility authorities involved. 2. The plans shall be so complete that from them a complete review and analysis can be made without research of any outside data. The plans shall consist of and contain, but shall not be limited to: a. A cover sheet, including a vicinity sketch. b. Plan showing complete details including water, sewer and storm drainage systems. c. In addition to a master storm water management plan, complete calculations used to design the storm water system. d. Typical sections and summary of quantities. e. Construction details showing compliance with city standards, or alternate design as approved by the city engineer. f. Special profile sheets, if necessary, showing special or unique situations. g. Bench mark, based on N.A.V.D. datum. h. Soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed. Where impervious soils are encountered, the plans shall reflect a satisfactory design to cope with such conditions. The city engineer may require additional design and construction as necessary to assure proper drainage and development of the area. i. The plans shall contain the special conditions and specifications pertaining to the development or subdivision in note form on the plans, such as: (1) Required compliance with this ordinance. (2) Where applicable, required compliance with state standards as currently adopted and in use. (3) Minimum standards for materials. (4) Test requirements for stabilization, base and backfill. (5) Source of water and sewer service. (6) Installation of subsurface construction such as waterlines, sewer lines, public utilities and storm drainage prior to compaction of subgrade and roadway construction. (7) Plans and statements which show and describe how blowing sand, dust and other airborne particulates will be minimized. 3. Projects engineered by more than one firm shall be coordinated by a single engineering firm. 293 of 720 4. A certified cost estimate shall be prepared by the developer's engineer and shall include the cost of surveying, testing and all required improvements. C. APPROVAL OF CONSTRUCTION PLANS. The city engineer, or his or her designee, shall review the construction plans as to their conformity with these land development regulations, and within twenty (20) working days from the date of the submittal of the plans, the city engineer shall inform the developer's engineer that the plans as submitted do or do not meet the provisions of this ordinance. 1. When the city engineer finds that the construction plans do not meet the provisions of this ordinance, the city engineer shall advise the developer's engineer in writing and reference shall be made to the specific article, section and paragraph with which the plans and plat do not comply. Upon such findings, the developer's engineer shall make the corrections or revisions as defined in the written statement and shall resubmit the construction plans. 2. When the city engineer determines that the construction plans meet the provisions of this ordinance, the city engineer will so advise the developer. 3. When the city engineer determines that the construction plans are not acceptable, the developer and/or the developer's engineer will consult with the city engineer to determine what changes are required.When the city engineer approves the construction plans, he or she shall so advise the developer's engineer and furnish a written statement of technical compliance and surety establishment. Upon receipt of technical compliance, the developer's engineer shall submit four (4) sets of construction plans, including copies of the health department's final water and sewer permits, at the time of submission of the final plat. 4. Technical compliance of the construction plans shall not constitute acceptance of the final plat; rather it shall be deemed a guide to the preparation of the final plat. 5. Technical compliance of the construction plans and optional preliminary plat shall not be construed as authority for filing the plat with the clerk of the circuit court of Palm Beach County, nor as authority for the sale of lots in reference thereto. 6. Building permits shall not be issued for any permanent structure on a lot wherein the final plat has not been recorded in the manner prescribed, unless the recording of the plat is not required by Chapter 5 of these Land Development Regulations. (Ord. No. 96-56, § 8, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 07-014, § 2, 7-3-07) Section 5. Completion of improvements. In order to obtain final approval of required improvements, the developer shall submit the following documents to the city engineer for acceptance: A. ENGINEERS CERTIFICATION. The developer's engineer shall certify in writing that the required improvements were installed under his responsible direction; that improvements conform with approved construction plans and all laws, regulations, codes, etc. including, but not limited to, this chapter; and that the required improvements have been completed. B. AS-BUILT DRAWINGS. One complete set of construction plans on a high quality time stable reproducible material showing the original design as compared to the actual finished work. 294 of 720 C. TESTS AND REPORTS. One complete set of all measurements, tests and reports made concerning work and materials during construction of the required improvements. (Ord. No. 02-033, §§ 3, 4, 8-20-02) Section 6. Time extensions. All required improvements shall be completed within twelve (12) months of the date of issuance of the land development permit. Time extensions may be considered by the City Commission upon recommendation by the city engineer, after the developer presents a written request for extension to the city engineer at least thirty (30) days prior to the expiration of the existing permit. No time extension shall exceed one year. (Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03) Section 7. Obtaining Certificates of Occupancy. No Certificates of Occupancy will be issued for buildings in the platted development or subdivision until all required improvements are completed, approved and accepted by the City, except that a developer may, at his option, post additional 110% surety in compliance with Chapter 7 for work which may be more prudently put in place subsequent to building construction such as sidewalks and landscaping. Certificates of Occupancy will not be issued for the final ten (10) percent of the buildings until such work is completed, approved and accepted by the city. (Ord. No. 96-56, § 9, 1-21-97; Ord. No. 07-005, § 2, 3-5-07; Ord. No. 07-014, § 2, 7-3-07) Section 4. Right-of-Way Permit. A. General. 1. Purpose and Intent. The purpose and intent of this section is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of permits to ensure that off-site improvements proposed within private and public rights-of-way, including alleys, comply with all applicable standards, regulations, and codes. 2. Applicability. No person shall construct, reconstruct, repair, alter, or grade in or upon any right-of-way without obtaining a permit from the Engineering Division, unless otherwise determined by the City Engineer or designee. This includes ancillary activities such as digging; scraping; excavating; depositing and storing construction material or debris; installing new plant material; or removing, destroying, pruning, or cutting any existing tree, shrub, or similar plant. One hundred (100%) percent of a permit fee shall be assessed if work is started without a valid permit. 3. Scope. The permit shall entitle the applicant to work in a maximum of 1,600 linear feet of right-of-way. A separate permit must be obtained for each additional 1,600 linear feet of work. Where work is continuous, restoration must be completed on the first permit before a third permit may be issued. At no time shall more than two (2) permits be issued for one (1) location. For projects that consist of directional bore 295 of 720 conduits only, the City Engineer, or designee may approve a permit exceeding a total length of 3,200 linear feet as one permit of work. The permit shall be in the custody of the applicant or agent at the work site. B. Submittal Requirements. An application form for a right-of-way permit shall be provided by the Engineering Division. Unless the City Engineer or designee determines otherwise, the applicant shall submit the completed form, pay the fee as adopted by resolution by the City Commission, and provide all documentation required hereunder, in the number of copies specified by the Division. 1. Name. The names and addresses of the contractor performing the work, and the owner or company for whom the work is being performed; 2. Drawings and Plans. An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time required to complete such work and the estimated cost thereof. When the permit is issued, one (1) copy of such plans and specifications shall be returned to the applicant and the others shall be distributed to applicable divisions of the city and one (1) shall be retained by the City Engineer; 3.Hold Harmless Agreement. An applicant for a permit shall agree to save the City, its officers, employees and agents harmless for any and all costs, damages, liabilities and attorney’s fees, which may accrue or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant; 4.Insurance. When conducting work on behalf of the City, the applicant shall furnish the City with a satisfactory certificate of insurance or a statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after 10 days written notice delivered to the City. The applicant’s insurance shall provide coverage against claims for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself or herself, his or her subcontractor or anyone directly or indirectly employed by him or her. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability arising from completed operations. The amount of the liability insurance for personal injury shall be not less than $500,000 per person, $500,000 per incident, and $100,000 for property damage; 5. Surety. The City Engineer shall have the authority to require an applicant to provide adequate surety, in order to protect, and save harmless, the City from all claims for damages or injury to other persons by reason of work under his permit. Such surety shall be equal to 296 of 720 110% of the estimated value of the project and provided in the manner prescribed in accordance with Section 6 below; and 6. Miscellaneous. Any other information as the City Engineer shall find reasonably necessary to determine if a permit should be issued hereunder. C. Review Criteria. All work performed in public or private rights-of- way shall conform to the Florida Department of Transportation Standards Specifications and Roadway and Traffic Design Standards (as applicable), the Manual of Uniform Control Devices (MUTCD) as applicable, and the Engineering Design Handbook and Construction Standards, or the latest supplements thereof. Except as provided herein, any person desiring to perform or have performed any of the acts covered by these Land Development Regulations wherein a permit is required shall secure such permit in accordance with the rules and regulations set forth in this section. D. Conditions for Permits. Unless otherwise determined by the City Engineer or designee, approval of all permit applications are subject to the following conditions: 1. Access to Streets and Alleys. No person shall construct any access across any right-of-way on any improved or unimproved streets within the city without first obtaining a permit to do so from the City Engineer. This permit shall be issued if the following requirements are met: a. That access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic and will be constructed in compliance with applicable laws, ordinances and specifications of the city; b. If the street to which access is desired is not improved with hard surface pavement, storm sewers, and curb and gutters, it shall be improved as follows by the person seeking access in accordance with city specifications approved by the City Engineer; (1)Curbs and gutters (if deemed appropriate) shall be constructed along the side of any street to which access is sought to the limits of the property. (2) Pavement shall be constructed in accordance with City standards of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the City Engineer, shall be constructed along the side of the street or streets to which access is sought to the limits of the property and beyond to the nearest paved portion of that street or streets. 297 of 720 (3) Storm drainage (piped or swaled) shall be constructed along the street or streets to which access is sought to the limits of the property and connected to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed. (4) Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses and if the traffic volume generated from the development of the property meets the warrants established by the Palm Beach County Traffic Engineering Division. c. No person shall construct any access to any alley unless the following requirements are met: (1) Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the alley to which access is sought from the limits of the property and beyond to the nearest paved portion of the alley; and (2) Adequate storm drainage shall be constructed so that storm water runoff from the property from which access to the alley is sought shall not cause damage to adjoining properties, or the adjacent alley or roadway, or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the City Engineer consistent with city standards as amended from time to time, which shall assure that upstream and downstream drainage problems shall not result therefrom. e. The City Commission, after a public hearing before the Planning and Development Board and receipt of the findings and recommendations of such Board, may waive or vary any requirement of paragraph “b” above for good cause shown upon application by the persons seeking access. 2. Work within Right-of-Way. a. A sign shall be displayed at the work site indicating the name and telephone number of the contractor and the name of the applicant requesting the work. b. Devices used to safeguard job site and all traffic control devices and techniques shall conform to the current standards set forth in the Florida Department of Transportation Standard 298 of 720 Specifications for Road & Bridge Construction, Florida Department of Transportation Standard Index, Manual of Uniform Traffic Control Devices (MUTCD), and all applicable federal, state and local regulations. In the event proper traffic control is lacking or deficient, and is not corrected within one (1) hour upon notice, the City Engineer may stop work and revoke the permit. c. If the work to be undertaken by an applicant under this article is such that it will affect the use of properties abutting or adjoining the place where the work covered by the permit is to be done, the City Engineer shall require the applicant to submit a list of the names and addresses of the affected property owners and tenants, and the applicant shall notify the affected property owners and tenants of the proposed work. If the work to be undertaken by the applicant will affect other subsurface installations in the vicinity of the proposed opening, the applicant shall also notify the owners of such facilities of the proposed work. d. Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the applicant obtains written consent from the inspection officer to do the work at other times. Such permission shall be granted only in the following instances: 1) in case of emergency as determined by the City Engineer; 2) where safety and traffic control measures in accordance with city and FDOT standards are not feasible during these hours as determined by the City Engineer; 3) if the construction area is not within 500 feet of any single or multi-family dwelling as determined by the City Engineer; or 4) for City work or activities whereby the City Manager determines that extended hours of work are necessary to complete the work in a timely fashion and to protect the public health, welfare and said feasibility of safety or traffic control measures. Any permit granted under this section may include other conditions on the applicant’s ability to work after 7:00 p.m. No such work will be permitted on Sunday unless authorized by the City Commission as necessary and convenient for the public health, welfare and safety. e. It shall be the duty of every person making any improvement in or upon any street, alley, roadway or public land to promptly remove therefrom all rubbish, debris or material not immediately required for such improvement. In addition thereto, such person shall protect the place so improved or being improved, together with all material, articles or property used in connection therewith or taken therefrom, in a manner which the City shall direct and in such a way as to prevent injury or damage to persons or property. Every such person making any such improvements or part thereof shall be liable for all damages or injuries sustained on public property. 299 of 720 f. When it is necessary to cut pavement, the trench shall be backfilled in accordance with current City standard drawing(s) and specification(s). All backfilled areas within eight (8) feet of pavement shall be compacted / stabilized to meet current City standards. g. Every applicant shall place around the excavation or project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the City Engineer to be necessary for the protection of the public. Additional safety requirements may be prescribed by the City Engineer where deemed necessary by him or her to protect adjacent private or public property. Whenever any person fails to provide or maintain the safety devices required by the City Engineer, such devices might be installed and maintained by the city. The amount of the cost thus incurred shall be paid by the applicant. h. At the end of each work day completed backfill must be covered with asphalt and opened to traffic. In the event the final wearing surface cannot be scheduled, a temporary cold mix asphalt surface may be used. Temporary asphalt patches must be replaced with the final pavement within 20 calendar days. Before final asphalt is placed, pavement edges shall be cut out with a saw along smooth, straight, uniform lines to provide a proper connection between old pavement and new pavement. i. Access to private driveways and alleys shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all time to fire hydrants. j. No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored. k. No more than 250 feet measured longitudinally shall be opened in any street at any one (1) time. l. All underground pipes, tiles, cables, etc., shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary. m. Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the City Engineer. n. Monuments, benchmarks, or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or precise survey reference point within the City, shall not be removed or disturbed unless permission so to do is first obtained in 300 of 720 writing from the proper government authority. Permission may be granted only upon conditions that the applicant shall pay all expenses incident to the proper replacement thereof, including the cost of a survey. o. When work performed by the applicant interferes with the established drainage system of any street or natural water way, provision shall be made by the applicant for adequate temporary drainage to the satisfaction of the City Engineer and consistent with the provisions of this code. p. Excavated materials shall be laid compactly along the side of the trench or removed immediately from the site at the discretion of the City Engineer. Excavated material when piled alongside the excavation shall be kept trimmed so as to cause a minimum inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the City Engineer may require the applicant to provide and use toe boards or bins. If the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the applicant as directed by the City Engineer. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the applicant shall keep open a passageway at least one-half (1/2) of the sidewalk width along such sidewalk. q. When any earth, gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any step and/or sidewalk, the applicant shall cause the same to be removed from the street or sidewalk before the end of the working day. In the event the earth, gravel or other excavated material so deposited is not so removed, the City Engineer shall cause such removal and the cost incurred thereby shall be paid by the applicant. Failure on the part of the applicant to make immediate payment of such cost upon demand shall be cause for revoking such permit. r. Sidewalks, curbs, gutters and driveways, if removed for construction, shall be replaced in accordance with current city standards and specifications, and no pavement shall be placed without prior inspection of forms and excavation by the City Engineer or his or her designee. s. The restoration of any parkway areas shall be at least equal to the condition of the parkway prior to the construction. The restoration shall be completed within five (5) working days from the time the area has been backfilled. 301 of 720 t. Final restoration shall include removal of all construction rubble and dirt mounds from the area and removal of all dirt and dust caused by the construction from pavement. u. All pavement replacement work within rights-of-way shall be guaranteed by the contractor for one (1) year, and any failure or problems developing due to the construction or reconstruction of the pavement will be the responsibility of the contractor, to be repaired by him or her, as directed by the City Engineer, or designee, at no cost to the City. E. Approval Process. 1.General. Administrative review and action shall be conducted by the appropriate City departments. The City Engineer, or his or her designee, shall issue a permit hereunder when the work complies with the provisions of this code and the Land Development Regulations. 2. Inspections. A person doing work under this article, or his agent, shall call for inspection a minimum of 48 hours prior to starting work. The City Engineer or designee shall designate the day and hour that the inspection is to be performed, and an inspector shall be present at the commencement of the operation so as to review work in progress. Upon the completion of streets, sidewalks or other public ways, approval shall be required prior to release of surety. In the event it should be necessary to have the services of a Florida-registered engineer for any inspection, or technical approvals are deemed necessary by the City Engineer, such expenses shall be borne by the applicant. Inspection and approval of improvements in new subdivisions shall be in accordance with the provisions of the Engineering Design Handbook and Construction Standards and Land Development Regulations. 3. Temporary Approval. For permits involving excavation activities, the City Engineer may grant a temporary verbal approval to any agent (who is not a regular employee) of the City, including the Utilities Department, for a permit in any street, alley, roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within 48 hours by a formal application for a permit as regularly required under the terms of this chapter. 4. Trees and Shrubs in Rights-of-Way. For permits issued under another section or article or any other permit which affects trees or shrubs, or will have an affect on trees or shrubs, in rights-of-way or on City owned property, the Department of Public Works / Forestry and Grounds Division shall review and approve the permit before it is issued. F. Expiration. The right-of-way permit shall be valid for a period not to exceed six (6) months from the date of issuance. If construction of the improvement covered by the permit has not commenced within this time period, the permit shall expire, and be cancelled with written notice to the applicant. 302 of 720 G. Time Extension. An extension of the permit for a period not to exceed six (6) months may be requested in writing by the applicant if received by the Division prior to permit expiration. The fee for requesting a permit extension shall be approved by the City Commission and may be modified from time to time. The applicant shall provide justification for the requested time extension, and the City Engineer may grant an extension if it is determined that such extension is necessary and not contrary to the public interest. In addition, the following shall apply: 1. All extensions of permit time shall be calculated at 25% of the original total permit fee and shall extend the life of the permit for an additional six (6) month period. 2. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the applicant prior to lapsing due to time limits, and no work has been done, all but a basic fee of $250 to cover the cost incurred by the City Engineer shall be refunded. H. Miscellaneous. 1. Lawful Use. Every permit issued under this article shall be granted subject to the right of the City or the applicant to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit. 2. Parameters of Permit. No applicant under this chapter shall perform work in an amount or quantity greater than that specified in the permit except upon approval by the City Engineer. Upon such approval, additional work may be done under the provisions of the permit an amount not greater than 10% of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the City Engineer. 3. Default and Revocation. Whenever the City Engineer shall find that a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the applicant and to the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the City Engineer to be necessary for the completion of such work. After receipt of such notice, the applicant or the commercial bank shall within the time specified either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time, the cash bond or letter of credit shall be utilized to reimburse the city for the cost of doing the work set forth in the notice. 303 of 720 The City Engineer may revoke any permit after prior written notice to the applicant for the following: 1) violation of any provision of this chapter; 2) violation of any other applicable provision of this Code or any other ordinance or law relating to the work; or 3) existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. Written notice of any such violation shall be served upon the applicant or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. Notice shall be given either by personal delivery thereof to the person to be notified, by certified or registered United Stated mail addressed to the person to be notified, or by telegram addressed to the person to be notified. Such notice shall state the period of time which the applicant is being granted to correct the violation and to proceed with diligent prosecution of the work, which time shall be no less than 24 hours. 4. Restoration. When any permit has been revoked and the work authorized by the permit has not been completed, the city may do such work as is necessary to restore the street or alley to a condition acceptable to the city. All expenses incurred by the City for such restoration shall be paid for by the applicant and may be removed from the cash bond or letter of credit that the applicant has filed with the city, and the bond or letter of credit shall so provide. 5. Abandoned Facilities. Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove them, and if the owners shall fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city’s order to remove abandoned facilities may be given either by personal delivery thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owner or any other person for a period of at least six (6) months, or facilities, which are no longer necessary or useful because they have been replaced in some other location on the property. ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION Section 1. Standards, permit required. All work performed in public or private rights-of-way shall conform with the current Department of Public Works, Engineering Division's Engineering Design Criteria Handbook and Construction Standards Handbook Manual. Except as provided herein, any person desiring to perform or have performed any of the acts covered by this chapter wherein a permit is required shall secure such a permit in accordance with the rules and regulations set forth in this chapter. (Ord. No. 02-033, § 4, 8-20-02; Ord. No. 05-014, §§ 2, 3, 3-1-05) 304 of 720 Section 2. Access to streets and alleys; permit required; improvements. No person shall construct any access across any right-of-way on any improved or unimproved streets within the city without first obtaining a permit to do so from the City Engineer. This permit shall be issued if the following requirements are met: A. The access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic and will be constructed in compliance with applicable laws, ordinances and specifications of the city; B. If the street to which access is desired is not improved with asphalt pavement, storm sewers, and curb and gutters, it shall be improved as follows by the person seeking access in accordance with city specifications approved by the City Engineer. 1. Curbs and gutters shall be constructed along the side of any street to which access is sought to the limits of the property, if nearest paved portion of that street is improved with curbs and gutters along one or both sides. 2. Pavement shall be constructed in accordance with city standards of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the City Engineer, shall be constructed along the side of the street or streets to which access is sought to the limits of the property and beyond to the nearest paved portion of that street or streets. 3. Storm drainage shall be constructed along the street or streets to which access is sought to the limits of the property and connected to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed. 4. Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses and if the traffic volume generated from the development of the property meets the warrants established by the Florida Department of Transportation or Palm Beach County Traffic Engineering Division. C. No person shall construct any access to any alley within the city without first obtaining a permit to do so from the City Engineer. This permit shall be issued if the following requirements are met: 1. Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the alley to which access is sought from the limits of the property and beyond to the nearest paved portion of the alley. 2. Adequate storm drainage shall be constructed so that storm water runoff from the property from which access to the alley is sought shall not cause damage to adjoining properties or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the city engineer consistent with city standards as amended from time to time, which shall assure that upstream and downstream drainage problems shall not result therefrom. D. If the right-of-way to which access is sought has been improved after the effective date of this section pursuant to the requirements of paragraph B above, the person desiring access shall pay to the city that portion of the original cost of the improvements installed within the right-of-way abutting his or her property to the centerline of the right-of-way and to the side limits of his or her property. These 305 of 720 recaptured costs shall be collected by the city and reimbursed to the person who paid for the improvement when installed, when and if the city collects these costs as aforesaid. E. The City Commission, after a public hearing before the Planning and Development Board (PDB) or the Community Redevelopment Agency (CRA), and receipt of the findings and recommendations of such board, may waive or vary any requirement of paragraph B above for good cause shown upon application by the persons seeking access. (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 3. Application, permit fees. A. Application for a permit under this chapter shall be made on such forms as shall be provided by the City Engineer. No work shall commence until the City Engineer or his or her designee has authorized issuance of a permit therefore and such permit has been issued. For permits issued under another chapter or any other permit which affects trees or shrubs, or will have an affect on trees or shrubs, in rights-of-way or on city owned property, the Department of Public Works/Forestry and Grounds Division shall review and approve the permit before it is issued. B. An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time required to complete such work and the estimated cost thereof. When the permit is issued, one (1) copy of such plans and specifications shall be returned to the applicant and the others shall be distributed to applicable divisions of the city and one (1) shall be retained by the City Engineer. C. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for any and all costs, damages, liabilities and attorney’s fees, which may accrue or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant. Fees for work within rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each type of work to be performed. (Ord. No. 02-033, § 4, 8-20-02; Ord. No. 05-014, §§ 2, 3, 3-10-04) Section 4. Permit issuance. The City Engineer shall issue a permit hereunder when it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications of the city for public work of like character. C. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. D. That the health, welfare and safety of the public will not be unreasonably impaired. E. Permits issued under authority of this chapter are nontransferable. 306 of 720 F. A copy of the permit issued under this chapter and a copy of the approved plans and specifications shall be kept and displayed in a conspicuous location at all times while such work is in progress at the location of the work. (Ord. No. 02-033, § 3, 8-20-02; Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 4.1. Insurance required for certain permits. Each applicant for a permit under Article I, Sections 5, 7 and 9, and Article II, Section 2 of this chapter shall furnish the city with a satisfactory certificate of insurance or a statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after ten (10) days written notice delivered to the city. The applicant’s insurance shall provide coverage against claims for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself or herself, his or her subcontractor or anyone directly or indirectly employed by him or her. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability arising from completed operations. The amount of the liability insurance for personal injury shall be not less than five hundred thousand ($500,000) dollars per person, five hundred thousand ($500,000) dollars per incident, and one hundred thousand ($100,000) dollars for property damage. (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 4.2. Cash bond required for certain permits. A. With each application for a permit under Article I, Sections 5, 7 and 9, and Article II, Section 2 of this chapter, an applicant shall furnish a surety to guarantee faithful performance of the work covered by the permit. The surety shall be in accordance with one of the approved forms in the Engineering Design Manual. B. The amount of the cash bond shall be not less than that as established by the City Commission from time to time by resolution. In lieu of a separate cash bond for each permit, an applicant anticipating more than one (1) permit application may furnish one cash bond in the amount of five thousand ($5,000) dollars to cover all permits. C. The applicant shall deposit the cash bond with the City Clerk, and such bond so deposited shall be kept in a separate account and shall stand as security for the full and complete performance by the applicant of the work covered by such permit, subject to the following provisions: 1. If any direct cost to the city of any loss, damage, work, claim or liability arises out of the breach by the applicant, or any contractor or representative of the applicant, in the performance of the applicant’s obligations in connection with the work covered by such permit the applicant shall forfeit its bond. 2. Upon certification by the City Engineer of completion of the work covered by such permit, the balance of such cash bond shall be refunded by the city clerk to the applicant upon request. 3. In the event that the City Engineer shall determine that additional bond in excess of five thousand ($5,000) dollars is required, the applicant shall furnish surety as noted in Section 6 below and prescribed in Chapter 7 of the Land Development Regulations in an amount equal to one hundred ten (110%) per cent of the estimated value of the work. If a letter of credit is provided, it shall be dated on 307 of 720 or before the date of the permit application and shall be for a term to expire one (1) year after receipt by the permittee of a certificate of final inspection. (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 4.3. Rights of the city not affected by granting of permits. Every permit issued under this chapter shall be granted subject to the right of the city or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit. (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 4.4. Work to be commenced within thirty days. Work for which a permit has been issued shall commence within thirty (30) days after the issuance of the permit therefore or within such extension of period of time as determined by the City Engineer upon good cause shown. If the work is not timely commenced, the permit shall automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon payment of an additional fee in the amount of the original fee. (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 4.5. Performance of additional work. No permittee under this chapter shall perform work in an amount or quantity greater than that specified in the permit except upon approval by the City Engineer. Upon such approval, additional work may be done under the provisions of the permit an amount not greater than ten (10) per cent of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the City Engineer. (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 4.6. Expiration; extension of time. Permits issued in accordance with the provisions of this chapter shall expire at the end of the period of time, which shall be set in the application for the permit. If the permittee shall be unable to complete the work within the time period, he or she shall, prior to the expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the City Engineer such an extension is necessary and not contrary to the public interest, he may grant the permittee additional time for completion of the work. A. All extensions of permit time shall be calculated at twenty-five (25%) per cent of the original total permit fee and shall extend the life of the permit for an additional six (6) month period. B. One hundred (100%) per cent of a permit fee shall be added if work is started without a valid permit. C. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work has been done, all but a basic fee of twenty-five ($25) dollars to cover the cost incurred by the City Engineer shall be refunded. (Ord. No. 05-014, §§ 2, 3, 3-1-05) 308 of 720 Section 4.7. Default in performance, revocation. A. Whenever the City Engineer shall find that a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the permittee and to the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the City Engineer to be necessary for the completion of such work. After receipt of such notice, the permittee or the commercial bank shall within the time specified either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time, the cash bond or letter of credit shall be utilized to reimburse the city for the cost of doing the work set forth in the notice. B. The City Engineer may revoke any permit after prior written notice to the permittee for: 1. Violation of any provision of this chapter. 2. Violation of any other applicable provision of this Code or any other ordinance or law relating to the work. 3. Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. C. Written notice of any such violation shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. Notice shall be given either by personal delivery thereof to the person to be notified, by certified or registered United Stated mail addressed to the person to be notified, or by telegram addressed to the person to be notified. Such notice shall state the period of time which the permittee is being granted to correct the violation and to proceed with diligent prosecution of the work, which time shall be no less than twenty-four (24) hours. (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 4.8. Restoration of street by city. When any permit has been revoked and the work authorized by the permit has not been completed, the city may do such work as is necessary to restore the street or alley to a condition acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by the permittee and may be removed from the cash bond or letter of credit that the permittee has filed with the city, and the bond or letter of credit shall so provide. (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 4.9. Abandoned facilities. Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove them, and if the owners shall fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city’s order to remove abandoned facilities may be given either by personal delivery thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owner or any other person for a period of at least six (6) months, or facilities, which are no longer necessary or useful because they have been replaced in some other location on the property. 309 of 720 (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 5. Inspection, approval. A. A person doing work under this article, or his agent, shall call for inspection a minimum of forty-eight (48) hours prior to starting work. The city engineer and/or his or her designee shall designate the day and hour that the inspection is to be performed, and an inspector shall be present at the commencement of the operation so as to review work in progress. Upon completion of streets, sidewalks or other public ways, approval shall be required prior to release of surety. B. In the event it should be necessary to have the services of a Florida-registered engineer for any inspection, or technical approvals are deemed necessary by the city engineer, such expenses shall be borne by the applicant. C. Inspection and approval of improvements in new subdivisions shall be in accordance with the provisions of the Land Development Regulations. (Ord. No. 02-033, §§ 3, 4, 8-20-02) Section 6. Surety. The city engineer shall have the authority to require an applicant to provide adequate surety to protect and save harmless the city from all claims for damages or injury to other persons by reason of work under his permit. Such surety shall be equal to one hundred ten per cent (110%) of the estimated value of the project. (Ord. No. 02-033, § 2, 8-20-02) Section 7. Work within rights-of-way. A. Permit required; scope. No person shall begin to construct, reconstruct, repair, alter or grade in or upon any area of public or private rights-of-way in the city without first obtaining a permit as provided in this section. The permit shall entitle the applicant to work in a maximum of one thousand six hundred (1,600) linear feet of right-of-way. A separate permit must be obtained for each additional one thousand six hundred (1,600) linear feet of work. Where work is continuous, restoration must be completed on the first permit before a third permit may be issued. At no time shall more than two (2) permits be issued for one location. For projects that consist of directional bore conduits only, the city engineer, or his or her designee, may approve a permit exceeding a total length of three thousand two hundred (3,200) lineal feet as one permit of work. The permit shall be in the custody of the foreman or his or her designated representative at the work site. B. Permit application. An applicant for the permit required under this section hereunder shall file with the city engineer an application showing the following: 1. Name and address of the contractor performing the work. 2. Name and address of the owner or company for whom the work is being performed, and the property abutting the proposed work area. 3. Location of the work area. 4. Attached plans or sketch, showing details of the proposed work. 310 of 720 5. Estimated cost of the work. 6. Such other information as the city engineer shall find reasonably necessary to determine if a permit should be issued hereunder. C. Permit fees. Fees shall be as established by resolution of the City of Boynton Beach and shall accompany each application for a permit required under this section. D. Permit issuance. The city engineer, or his or her designee, shall issue a permit hereunder when thework complies with the provisions of this code and the Land Development Regulations. E. Sign required. A sign shall be displayed at the work site indicating the name and telephone number of the contractor and the name of the applicant requesting the work. F. Safety precautions. Devices used to safeguard job site and all traffic control devices and techniques shall conform to the current standards set forth in the Florida Department of Transportation Standard Specifications for Road & Bridge Construction, Florida Department of Transportation Standard Index, Manual of Uniform Traffic Control Devices (MUTCD), and all applicable federal, state and local regulations. G. Backfilling. When it is necessary to cut pavement, the trench shall be backfilled in accordance with current city standard drawing(s) and specification(s). H. Opening to traffic. At the end of each work day completed backfill must be covered with asphalt and opened to traffic. In the event the final wearing surface cannot be scheduled, a temporary cold mix asphalt surface may be used. Temporary asphalt patches must be replaced with the final pavement within twenty (20) calendar days. Before final asphalt is placed, pavement edges shall be cut out with a saw along smooth, straight, uniform lines to provide a proper connection between old pavement and new pavement. I. Guarantee of pavement. All pavement replacement work within rights-of-way shall be guaranteed by the contractor for one year, and any failure or problems developing due to the construction or reconstruction of the pavement will be the responsibility of the contractor, to be repaired by him or her, as directed by the city engineer, or his or her designee, at no cost to the city. J. Work in improved parkways. When working in improved parkways, the applicant shall furnish written notification of the proposed construction to adjacent property owners prior to construction. The restoration of the parkway areas shall be at least equal to the condition of the parkway prior to the construction. The restoration shall be completed within five (5) working days from the time the area has been backfilled. K. Replacement of sidewalks, curbs, gutters and driveways. Sidewalks, curbs, gutters and driveways, if removed for construction, shall be replaced in accordance with current city standards and specifications, and no pavement shall be placed without prior inspection of forms and excavation by the city engineer or his or her designee. L. Compacting surrounding area. All backfilled areas within eight (8) feet of pavement shall be compacted/stabilized to meet current city standards. 311 of 720 M. Cleanup. Final restoration shall include removal of all construction rubble and dirt mounds from the area and removal of all dirt and dust caused by the construction from pavement. N. Planting in swales and rights-of-way. Limited non-invasive planting may be allowed in swales and/or rights-of-way subject to the following conditions: 1. Planting cannot significantly interfere with maintenance of existing utilities, and; 2. Layout with respect to plant material, location and size at maturity must be acceptable to both the city forester and the city engineer, and; 3. Planting must be consistent with Florida Department of Transportation, Palm Beach County and City of Boynton Beach regulations. If planting is allowed and installed within swales and/or rights-of-way, the adjacent property owner assumes total responsibility for repairing/ restoring the swale/right-of-way to its original condition if the swale/right-of-way is disturbed for installation and/or repair of utilities either already inplace or constructed in the future. The property owner also assumes the maintenance responsibility for the swale/right-of-way as stipulated in the Landscape Code (Chapter 7.5, Article II, Section 5, Paragraph B). O. Neighborhood Identification Signs. Identification signs for residential neighborhoods may be allowed in city-owned right-of-way subject to the following conditions: 1. Sign does not interfere with maintenance of existing utilities, and; 2. Sign does not interfere with vehicular visibility standards, and; 3. Sign is in conformance with this Chapter, Article IV, Section 1, Paragraph B, and; 4. Application is submitted by an incorporated association which represents the neighborhood and which completes an agreement to remove the sign upon demand by the City, and; 5. All appropriate provisions of this Chapter, Article II, Section 7 entitled, Work within rights- of-way, as well as Chapter 21, Signs, and Chapter 2, Zoning. (Ord. No. 96-62, § 2, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02) Section 8. Temporary permit. The City Engineer may grant a temporary verbal approval for a permit to any agent (who is not a regular employee) of the city including the Utilities Department, in any street, alley, roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) hours by a formal application for a permit as regularly required under the terms of this chapter. (Ord. No. 05-014, §§ 2, 3, 3-1-05) Section 5. Engineering Division Waivers. A. General. 312 of 720 1. Purpose and Intent. The purpose of this subsection is to provide an efficient relief process to allow for deviations from certain requirements and standards of the Engineering Design Handbook and Construction Standards, and Chapter 4 of the Land Development Regulations. The intent of this application is not to provide a means for circumventing any such requirement or standard but to allow for a departure from the regulation upon demonstration that the subject request satisfies the intent of the review criteria contained herein. 2. Applicability. The City Engineer or designee may waive or modify any applicable requirement, standard, or regulation pertaining to the following: a. Off-Street Parking and Vehicular Use Areas. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VI, Section 3 of these Land Development Regulations; b. Driveway Openings and Access. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VI, Section 4 of these Land Development Regulations; c. Off-Street Loading Zones. See Chapter 4, Article VI, Section 5 of these Land Development Regulations; d. Dumpster Enclosures. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VI, Section 6 of these Land Development Regulations; e. Queuing and Stacking Requirements. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VI, Section 7 of these Land Development Regulations; f. Fire Lanes. See Chapter 4, Article VI, Section 8 of these Land Development Regulations; g. Exterior Lighting. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume II), and Chapter 4, Article VII of these Land Development Regulations; h. Utilities. See Chapter 5 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 3 of these Land Development Regulations; 313 of 720 i. Streets. See Chapter 3 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 4 of these Land Development Regulations ; j. Sidewalks. See Chapter 3 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 5 of these Land Development Regulations; k. Pedestrian and Bicycle Paths. See Chapter 3 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 6 of these Land Development Regulations; l. Drainage, Stormwater, and Wastewater Systems. See Chapter 5 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 7 of these Land Development Regulations; m. Canals and Waterways. See Chapter 4, Article VIII, Section 8 of these Land Development Regulations; and n. Excavation and Fill Activities. See Chapter 4, Article XI of these Land Development Regulations. B. Submittal Requirements. The applicant shall submit a letter that addresses the review criteria of Section 5.C. below, and pay the fee as adopted through resolution by the City Commission. For sidewalk waiver requests, a fee in lieu of sidewalk construction shall be initially set at $7.00 for each square foot of sidewalk waived for construction. This fee shall be annually adjusted by the City Engineer and shall be commensurate with prevailing cost for sidewalk construction. For all waiver requests, the applicant shall document the nature of the request, the extent of its departure from the standard regulation, and the basis for the request. The City Engineer may request plans and exhibits associated with the waiver, and any additional information or documentation that further justifies the request. C. Review Criteria. In each waiver request, staff shall review the proposed plans, exhibits, and any other documentation that is provided by the applicant. Staff shall consider the following when evaluating each waiver application: 1) the established character of the vicinity; 2) the future development pattern and need for capital improvements; 3) the best engineering practices and principles; 4) innovations in the industry; and 5) the reasonableness of the subject application to justify the waiver request. The City Engineer may use other determining factors when reviewing the appropriateness of each waiver application. D. Approval Process. The waiver application shall be reviewed by staff and action will be taken by the City Engineer or designee. 314 of 720 E. Expiration. If a waiver was granted in connection with a site plan, then such waiver shall remain valid as long as the corresponding site plan approval remains in effect, or unless there is any amendment to the original waiver. If an amendment to the original waiver and / or approved site plan is proposed, and the City Engineer determines that such change would adversely affect the original waiver, then approval of a new (waiver) application shall be required. Section 6. Surety. A. Purpose. This section establishes specific criteria and prerequisites for accepting surety by the city in conjunction with developer agreements, contracts, development related improvements and any other contractual obligations. B. Applicability . Wherever surety is required within the Boynton Beach Code of Ordinances (Part II) and / or Land Development Regulations (Part III), it shall be provided in the form and manner prescribed hereunder. The type of surety shall be determined by the administrator of the code section involved, and shall be acceptable to the Boynton Beach City Attorney. Required improvements shall include all those items stipulated in Chapter 4, Article VIII, including restoration of the lands distributed by such improvements. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private or conveyed to the city upon completion of their construction. It shall also include any off-site areas disturbed to install any improvements required by the project. Surety shall be required for improvements associated with all planned developments, to wit, PCDs, PIDs, IPUD, PUD’s, etc. 1.Amount. The amount of surety shall be equal to or greater than 110% of the total obligation whether it be for restoration, abatement, maintenance, guarantee, fees in lieu of land dedication, required improvements or any other purpose. 2.Reduction . From time to time during progress of the work the developer may request a reduction in the dollar amount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient to cover 110% of the cost to complete the obligation. In the case of surety for required improvements associated with subdivision development, five percent (5%) of the engineer's certified cost of required improvements shall be retained for one (1) year after acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and material. The final release in surety of the remaining balance of the surety, by letter of credit or other instrument, shall be approved by motion of the City Commission, with the written recommendation by the appropriate department and/or the City Engineer. 3. Default. In the event of default by the developer or failure of the developer to complete the obligations within prescribed time limits, the city, after thirty (30) days written notice to the developer, shall cash the surety to ensure satisfactory completion of the obligations. 315 of 720 C. Types of Surety. 1. Letters of Credit. a. General. The face of the letter of credit must indicate the following: (1) The letter of credit is "clean". (2) The letter of credit is irrevocable and shall remain enforceable until released by a resolution adopted by the City Commission. (3) The purpose or project for which the letter of credit is issued. (4) The specific amount of the letter of credit, in U.S. Dollars. (5) The method of disbursement of draws against the letter of credit. (6) The street address where draws against the letter of credit shall be made. (7) The letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida, and is to be interpreted by Florida Law. (8) The name and street address of a designated agent within the State of Florida for acceptance of process. b.Rating. At the time of issuance of the letter of credit, and at all times subsequent thereto and so long as the letter of credit is enforceable, the issuing financial institution must have a minimum "peer group" rating of fifty 50 in the latest Sheshunoff Quarterly Listing or a minimum rating of 125 in the latest IDC Bank Financial Quarterly Listing. The city Finance Department shall periodically verify this information. At any time during the life of the letter of credit, should the rating of the issuing financial institution fall below both of the minimum ratings indicated above, or should the financial institution merge with another financial institution or have a conservator or receiver appointed to supervise or control the operation of its business or become insolvent, the contractor/developer must, within 60 calendar days after notification by the city: 316 of 720 (1) Replace the existing letter of credit with a replacement letter of credit from a financial institution with either of the minimum ratings as specified above; or (2) At the city's option, the letter of credit may be replaced by other surety acceptable to the city in accordance with the city's existing surety policies. c.Rating Non-Compliance . Failure to comply with this provision may result in any or all of the following actions by the city: (1) Suspension of the contractor/developer's right to pull building permits and schedule inspections; (2) Issuance of a stop work order; and/or revocation of the land development permit. These actions shall be in effect until a satisfactory replacement surety is accepted by the city. d. Legal Sufficiency. No letter of credit shall be deemed accepted by the city until review and approval by the City Attorney's office for legal sufficiency, and by the Finance Department for the bank's rating. e. Miscellaneous . Original letters of credit shall be maintained by the finance department and each shall be clearly identified as to the project or contract for which it is issued. Letters of credit accepted prior to approval of this article shall continue through the current expiration date of the letter of credit provided however, renewal of these existing letters of credit shall be in accordance with this policy for accepting letters of credit. The financial institution issuing any letter of credit must be authorized to do business in the State of Florida and shall show proof of same upon request of city staff. 2.Cash, Certified Check, or Cashier’s Check. Completion of the required improvements may be secured by cash deposited by the developer with the City or in an account subject to the control of the City in accordance with an agreement on such deposit or account. No interest shall be earned on such deposit or account. In lieu of a separate cash bond for each type of right-of-way permit that may be required for a given project, an applicant anticipating more than one (1) permit application may furnish one cash bond in the amount of $5,000 dollars to cover all right-of-way permits. 317 of 720 The applicant shall deposit the cash bond with the Finance Department, and such bond so deposited shall be kept in a separate account and shall stand as security for the full and complete performance by the applicant of the work covered by such permit, subject to the following provisions: a. If any direct cost to the City of any loss, damage, work, claim or liability arises out of the breach by the applicant, or any contractor or representative of the applicant, in the performance of the applicant’s obligations in connection with the work covered by such permit the applicant shall forfeit its bond. b. Upon certification by the City Engineer of completion of the work covered by such permit, the balance of such cash bond shall be refunded by the city clerk to the applicant upon request. c. In the event that the City Engineer shall determine that additional bond in excess of $5,000 is required, the applicant shall furnish surety as noted herein in an amount equal to 110% of the estimated value of the work. If a letter of credit is provided, it shall be dated on or before the date of the permit application and shall be for a term to expire one (1) year after receipt by the permittee of a certificate of final inspection. 3. Performance or Surety Bond . Completion of the required improvements may be secured by a performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. It shall guarantee all work will be completed in full accordance with the approved land development permit. 4.Escrow (Agreement) Deposit . An executed escrow agreement between the developer, a bank approved by the city and the city as the third party beneficiary may be established for this surety. The escrow agreement shall require that release of the funds, or any part thereof, shall be subject to city approval. The agreement shall be in accordance with the city policy on such escrow agreements. The Finance Department shall maintain an index of all surety, indicating at a minimum, the project name, the amount of surety, then names and contact information for all obligees of the surety, the date posted, the date reduced and the date released. D. Required Infrastructure Improvements. 1. Workmanship. The developer shall execute and deliver to the city a cash bond or other acceptable surety in an amount determined by the City Engineer, guaranteeing the required improvements whether public or private against defect in workmanship and material for one (1) year after acceptance of such improvements by the City Commission. Surety shall be as specified in this article and shall be delivered to the city 318 of 720 simultaneously with the satisfactory delivery of the documents required in Section 3 above. 2. Dedication and Maintenance. The dedication of public space, parks, rights-of-way, easements or the like on the plat shall not constitute an acceptance of the dedication by the city. The acceptance of the dedication shall be indicated by a resolution of the City Commission adopted when all improvements meet or exceed the standards set forth by this ordinance. The City Engineer, upon satisfactory completion of all improvements, shall notify the City Commission that the developer has complied with all of the provisions of this ordinance and shall recommend acceptance of the dedications and, when applicable, the maintenance of the required improvements. Upon such recommendations the City Commission, by resolution, shall approve the development, the dedications on the plat and the maintenance responsibilities of the required improvements identified thereon. 3. Completion. When a plat has been recorded and the developer fails to complete the improvements required by this ordinance, the City Commission may, at it's option, complete the publicly or privately owned improvements or restore the site to its original condition under the guarantees provided by the developer. In such case, the City Commission shall direct the City Engineer to call upon the guarantees as outlined within this article. CHAPTER 7. SURETY ARTICLE I. IN GENERAL Sec. 1. Purpose. This policy delineates specific criteria and prerequisites for accepting surety by the city in conjunction with developer agreements, contracts, development related improvements and any other contractual obligations. (Ord. No. 04-040, § 2, 6-15-04 Sec. 2. Applicability. A. When required. Wherever surety is required within the Boynton Beach Code of Ordinances and/or Land Development Regulations it shall be provided in the form and manner prescribed in Section 3 hereinafter. The type of surety shall be determined by the administrator of the code section involved, and shall be acceptable to the Boynton Beach City Attorney. Required improvements shall include all those items stipulated in Chapter 6, Article III of the LDR including restoration of the lands disturbed by said improvements. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private or conveyed to the city upon completion of their construction. It shall also include any off-site areas disturbed to install any improvements required by the project. Surety shall be required for improvements associated with all planned developments, to wit, PCDs, PIDs, PUDs, etc. B. Amount. 319 of 720 The amount of surety shall be equal to or greater than 110% of the total obligation whether it be for restoration, abatement, maintenance, guarantee, fees in lieu of land dedication, required improvements or any other purpose. C. Periodic reduction of surety. From time to time during progress of the work the developer may request a reduction in the dollar amount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient to cover 110% of the cost to complete the obligation. In the case of surety for required improvements associated with subdivision development, five (5) per cent of the engineer's certified cost of required improvements shall be retained for one (1) year after acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and material. Reduction of surety shall be approved by the City Manager without the necessity of Commission approval. The final release of surety, when the surety is $20,000 or greater, shall be approved by motion of the City Commission, with the written recommendation by the appropriate department and/or the City Engineer. Release of surety less than $20,000 shall be by the City Manager. D. Default. In the event of default by the developer or failure of the developer to complete the obligations within prescribed time limits, the city, after thirty (30) days written notice to the developer, shall cash the surety to insure satisfactory completion of the obligations. (Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 04-040, § 2, 6-15-04; Ord. No. 06-086, § 2, 11-21-06; Ord. No. 07-005, § 2, 3-5-07) Sec. 3. Types of surety. A. Letters of Credit. 1. The face of the letter of credit must indicate the following: a. The letter of credit is "clean". b. The letter of credit is irrevocable and shall remain enforceable until released by a resolution adopted by the City Commission. c. The purpose or project for which the letter of credit is issued. d. The specific amount of the letter of credit, in U.S. Dollars. e. The method of disbursement of draws against the letter of credit. f. The street address where draws against the letter of credit shall be made. g. The letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida, and is to be interpreted by Florida Law. h. The name and street address of a designated agent within the State of Florida for acceptance of process. 320 of 720 2. At the time of issuance of the letter of credit, and at all times subsequent thereto and so long as the letter of credit is enforceable, the issuing financial institution must have a minimum "peer group" rating of fifty (50) in the latest Sheshunoff Quarterly Listing or a minimum rating of one hundred twenty-five (125) in the latest IDC Bank Financial Quarterly Listing. The city Finance Department shall periodically verify this information. 3. At any time during the life of the letter of credit, should the rating of the issuing financial institution fall below both of the minimum ratings indicated in Section 2 above, or should the financial institution merge with another financial institution or have a conservator or receiver appointed to supervise or control the operation of its business or become insolvent, the contractor/developer must, within sixty (60) calendar days after notification by the city: a. Replace the existing letter of credit with a replacement letter of credit from a financial institution with either of the minimum ratings as specified in Item 2 above; or b. At the city's option, the letter of credit may be replaced by other surety acceptable to the city in accordance with the city's existing surety policies. 4. Failure to comply with this provision may result in any or all of the following actions by the city:suspension of the contractor/developer's right to pull building permits and schedule inspections; issuance of a stop work order; and/or revocation of the land development permit. These actions shall be in effect until a satisfactory replacement surety is accepted by the city. 5. No letter of credit shall be deemed accepted by the city until review and approval by the City Attorney's office for legal sufficiency, and by the Finance Department for the bank's rating. 6. Original letters of credit shall be maintained by the finance department and each shall be clearly identified as to the project or contract for which it is issued. 7. Letters of credit accepted prior to approval of this article shall continue through the current expiration date of the letter of credit provided however, renewal of these existing letters of credit shall be in accordance with this policy for accepting letters of credit. 8. The financial institution issuing any letter of credit must be authorized to do business in the State of Florida and shall show proof of same upon request of city staff. B. Cash, certified check, cashier's check. Completion of the required improvements may be secured by cash deposited by the developer with the city or in an account subject to the control of the city in accordance with an agreement on such deposit or account. No interest shall be earned on such deposit or account. C. Performance or surety bond. Completion of the required improvements may be secured by a performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. It shall guarantee all work will be completed in full accordance with the approved land development permit. D. Escrow (Agreement) deposit. An executed escrow agreement between the developer, a bank approved by the city and the city as the third party beneficiary may be established for this surety. The escrow agreement shall require that release of the funds, or any part thereof, shall be subject to city approval. The agreement shall be in accordance with the city policy on such escrow agreements. 321 of 720 E. The Finance Department shall maintain an index of all surety, indicating at a minimum, the project name, the amount of surety, then names and contact information for all obligees of the surety, the date posted, the date reduced and the date released. (Am. Ord. 98-08, § 1, 2-2-98; Ord. No. 02-033, § 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03; Ord. No. 04-040, § 2, 6-15-04) S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Article III Engineering Division Services.doc 322 of 720 ARTICLE IV. BUILDING DIVISION SERVICES Section 1. General. A. Purpose and Intent. The purpose and intent of this article is to set forth uniform procedures, well-defined application processes, and information to guide in the processing of complete applications which are administered by the Building Division. B. Administration. The Building Official or designee shall be responsible for the overall coordination and administration of this article. C. Submittal Requirements. Unless otherwise contained herein, all application forms described in this article shall be approved by the Building Official and maintained by the Building Division. In order for an application to be considered, it shall be accompanied by all documentation required by the respective application checklist. D. Completeness. An application will be processed by the Building Division when it is deemed complete, including all related submittal documents. Please note that the Building Official or designee may rule that certain required items may be excluded from the submittal, and the finding of an application “complete” shall not constitute a determination of compliance with the substantive requirements of City or State regulations, or any other applicable codes. E. Fees. Current fee schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. Fees shall be paid at the time each type of application is submitted, according to the fee schedule approved by the City Commission. All construction regulation fees associated with the codes as referenced in Chapter 4, Article IX, Section 3 are subject to amendment by resolution by the City Commission. Any request to waive the City Building Permit fee shall be in accordance with Chapter 8 Economic Development, Section 8-1 of the City of Boynton Beach Code of Ordinances. All construction regulation fees as referenced or described in are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. (Ord. No. 96-40, §§ 1 - 3, 5, 9-4-96; Ord. No. 99-16, § 1 - 4, 6-15-99; Ord. No. 02-047, § 1, 9-3-02; Ord. No. 05-063, § 2, 11-1-05) F.Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the applications and processes contained herein. Section 2. Building Permit . A. General. 323 of 720 1. Purpose and Intent. The purpose and intent of this section is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of permit applications, to ensure that certain buildings, structures, and systems comply with the respective requirements and standards described in the Florida Building Code, including the City’ Administrative Amendments thereof, and these Land Development Regulations. 2. Applicability. A building or other structure shall not be erected, moved, added to, or structurally altered (including substantial improvements as defined by Chapter I, Article II), unless a building permit is issued by the City. A building permit shall not be issued by the Building Official or designee unless the application complies with the requirements of this article and the Florida Building Code, including the City’s Administrative Amendments. All permit applications for new buildings, buildings expansions, major modifications or certain other improvements, must be consistent with any applicable and corresponding site plan, master plan or record plat. 3. Scope. The Florida Building Code is based on national model building codes and national consensus standards which are amended where necessary for Florida’s specific needs. The code incorporates all building construction-related regulations for public and private buildings in the State of Florida other than those specifically exempted by Section 553.73, Florida Statutes. It has been harmonized with the Florida Fire Prevention Code, which is developed and maintained by the Department of Financial Services, Office of the State Fire Marshal, to establish unified and consistent standards. B. Submittal Requirements. Application forms for building permits shall be provided by the Building Division. Unless the Building Official or designee determines otherwise, the applicant shall submit completed forms, provide all documentation, including plans and exhibits required by such applications, and pay all applicable fees as adopted by resolution by the City Commission. In addition to the information required on the applications, any permit, which upon its completion would result in the issuance of a Certificate of Occupancy or Certificate of Completion, shall include the following information prior to the issuance of such Certificate of Occupancy / Completion: 1. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. 2. Elevation in relation to mean sea level to which any non-residential structure will be flood proofed. 3. Certification by a Florida registered engineer or architect that the structure meets the flood proofing criteria in accordance with Chapter 4, Article X, Section 2.B. 324 of 720 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 5. A flood elevation or flood proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Within 21 calendar days of establishment of the lowest floor elevation, or flood proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the development department a certification of the elevation of the lowest floor, flood proofing elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer. When flood proofing is utilized, certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the twenty-one- day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The development department shall review the flood elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the survey or failure to make said corrections shall cause issuance of a stop-work order for the project. 6. A survey of mangrove trees on site. C. Review Criteria. The building permit application shall comply with the following: 1) Florida Building Code, including the City’s Administrative Amendments; 2) requirements of the respective zoning district regulations of Chapter 3, Article III; and 3) site development standards described in Chapter 4. In addition, flood zone elevation certification shall be required for any type of application that, upon its completion, would result in the issuance of a certificate of occupancy. D. Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official within the timeframe in accordance with State Statutes. No building permits shall be issued prior to the payment of any of the applicable impact fees and / or land dedications that may be required pursuant to Chapter 2, Article VI Impact Fees and Dedications. E. State of Florida Fees. 1. Radon. This fee, when applicable is due prior to the issuance of the building permit. 2. Building Code Administrators and Inspection Fund. This fee, when applicable is due prior to the issuance of the building permit. 325 of 720 F. Miscellaneous. 1. Revocation of Permits. The Building Division is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this article or a misrepresentation of fact on the permit application and specified in the latest adopted Florida Building Code. 2.Certificate of Occupancy. No building or structure hereafter erected or structurally altered shall be issued a certificate of occupancy until the Building Official makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this ordinance, and of all other applicable ordinances. 3.Appeal. Any appeal of a decision made by a City official shall be processed in accordance with Chapter 1, Article VIII, Section 3 (Appeals from an Administrative Official). C. Permitting. Application for permit shall be made to the development department prior to any development activities. Application shall include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question to be developed; existing or proposed structures; fill; storage of materials; drainage facilities/location. Specifically, the following information is required: 1. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. 2. Elevation in relation to mean sea level to which any non-residential structure will be floodproofed. 3. Certification by a Florida registered engineer or architect that the structure meets the flood proofing criteria in article VII, Section 3.B.2. 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 5. A flood elevation or floodproofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) 21 calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the development department a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer. When floodproofing is utilized, certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the 326 of 720 twenty-one-day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The development department shall review the flood elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the survey or failure to make said corrections shall cause issuance of a stop-work order for the project. 6. A survey of mangrove trees on site. Section 9. Administration and enforcement. A. BUILDING PERMITS REQUIRED. No structure or building shall hereinafter be erected or structurally altered until a building permit has been issued by the development director. All buildings, structures, and uses of land shall comply with the regulations of this ordinance and with all applicable building and health laws and ordinances. Each application for a building permit shall be accompanied by a survey in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots, and such other information as may be required as to provide for the enforcement of these regulations. B. CERTIFICATE OF OCCUPANCY. No building or structure hereafter erected or structurally altered shall be issued a certificate of occupancy until the development director makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this ordinance, and of all other applicable ordinances. Section 4. Fees. A. Permit fees. A permit shall not be issued until the minimum fee of thirty-five dollars ($35.00) or 2% of the total valuation, whichever is greater, has been paid. The permit fee shall be based on the value of the proposed construction of all items specified and detailed on the plans and/or listed on the permit application. An amendment to a permit shall not be issued until the additional fee, if any, due to an increase in estimated cost of the building, electrical, plumbing, gas, mechanical, landscaping or site development, has been paid. B. Interim services fee. The City Commission hereby establishes an “interim services fee” which is an annual user charge applicable, except during the Suspension Period as provided hereinafter, to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property. 1. Reserved. 2. Levied. Except during the Suspension Period as provided hereinafter, every structure located within the city and not yet appearing on the county tax roll, shall be subject to an interim services fee. This interim services fee shall be in effect from the date of the issuance of a certificate of occupancy or certificate of completion to January 1 of the year following the issuance of the certificate; provided, the levy of the interim service fee is suspended, effective June 14, 1999, 327 of 720 until such suspension is repealed by adoption of an ordinance by the City Commission of the City of Boynton Beach (the "Suspension Period"). Said fee shall be charged in accordance with the fee schedule which is attached to Ordinance No. 91-17 as Exhibit “B” and the computation hereinafter set forth. a. Dwelling unit computation. For the purposes of this subsection and Exhibit “B”, dwelling unit computation shall be made as follows: (1) Each single-family unit, including condominium, apartment and hotel unit, shall count as one. (2) For commercial and/or industrial structures, divide the total building square footage for each such industrial and/or commercial structure by one thousand (1,000) square feet rounded to the nearest tenth (0.1). b. Fee determination; proration. The dwelling unit computation shall be utilized in conjunction with the fee schedule set forth in Exhibit “B” in computing the interim services fee. The following example illustrates how the interim services fee is arrived at: Example: A 22,565 square foot office building is issued a certificate of occupancy in December of any given year: 22,565 ÷ 1,000 = 22.565 22.6 X $10.23 = $231.20 Interim services fee for this structure would be $231.20. 3. Procedure. Except during the Suspension Period set forth above, the Director of Development director of development shall collect the interim services fee prior to the issuance of a certificate of occupancy or certificate of completion by the development department. 4. Distribution. Except during the Suspension Period set forth above, on a daily basis, the development department shall promptly remit monies collected pursuant to this section to the city finance director. 5 Eligibility for municipal services. Except during the Suspension Period set forth above, no improvement shall be eligible for municipal services unless an interim services fee has been paid. 6. Creation of trust fund. The Director of Finance finance director shall deposit all funds collected into a non- lapsing trust fund established and maintained by the city. The use of such funds will be restricted and limited to expenditures for public safety, physical environment (public works administration costs), maintenance and services for roads and streets, health (animal control), library and parks and recreation, which are associated with the properties from which the funds were collected. The City Manager city manager shall provide the City Commission with recommendations for expenditures of these funds during the 328 of 720 annual budget process or from time to time as needed. Such expenditures of funds shall be limited to a percentile of total fees collected for each of the services as identified herein. The City Commission by resolution must approve all expenditures from said trust fund upon determination that said expenditures are appropriate. (Ord. No. 00-09, § 2, 4-4-00; Ord. No. 05-069, §2, 12-6-05) Section 3. Sign Permit. A. General. 1.Purpose and Intent. The purpose and intent of this subsection is to set forth well-defined application processes, review criteria, and uniform procedure to guide in the processing and review of sign permit applications to ensure compliance with the design objectives of Chapter 4, Article IV, Section 1.B (i.e. Identification, Aesthetics, Land Values, Safety, Sustainability, and Compatibility). 2. Applicability. It shall be unlawful for any person to erect, construct, enlarge, move, or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit for each such sign. These directives shall not be construed to require any permit for the cleaning, maintenance, or repair of a sign or sign structure for which a permit has previously been issued under this article, provided that such sign or structure is not modified in any way. Signs and structures supporting signs previously erected without a valid permit shall be in violation of this article and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal sign, or to immediately remove such sign and the structure supporting such sign upon notice that the sign or structure supporting the sign is illegal. The notice shall contain a time period for removal. If the Building Official determines that a sign and support structure, which are subject to the standards of the sign code pursuant to Chapter 4, Article IV, are exempt from the Florida Building Code, then such sign and support structure shall require a sign permit under the authority of the Director of Planning and Zoning in accordance with Chapter 2, Article II, Section 2.B. 3. Licensing and Contractors. No person shall install, alter, or cause to be installed or altered, any temporary or permanent sign unless the person is licensed as required by the State of Florida or Palm Beach County contractor licensing regulations. It shall be unlawful for any licensed sign contractor to knowingly construct or cause to be constructed, a sign contrary to the standards and requirements of these Land Development Regulations , the Florida Building Code, or any other applicable code, whether or not said contractor installs such sign. In addition, no person shall engage in the business of erecting, painting, wiring, or maintaining signs within the City without first having procured a business tax receipt for such business from both the City and the County. 329 of 720 B. Submittal Requirements. Applications for permits required by this section shall contain the following information: 1.Applicant Information. Name, address and telephone number of the person, firm, corporation or association erecting or affixing such sign; 2. Owner Consent. Written consent of the owner of the building, structure or land to which or on which the sign is to be erected or affixed; 3.Location. Property location (address of premises upon which sign is to be located); 4. Site Plan. Two (2) sets of site plans, surveys, or other such scaled drawings deemed acceptable to the Building Official or designee, illustrating the proposed location of the sign and sign structure, including their position and setbacks relative to buildings, structures, property lines, road rights-of-way, and any pertinent improvements such as utility lines and other types of infrastructure; 5. Sign Detail. Two (2) sets of illustrations, sketches, pictures, photographs, or other such scaled drawings deemed acceptable to the Building Official or designee, detailing the type of sign proposed (as identified in Chapter 4, Article IV) and including the following information: a. Aggregate sign area (expressed in square feet); b. Overall sign height; c. Height of each letter, digit, character, or logo; d. Text font(s); e. Sign color(s), including color of each letter, digit, character, or logo; and e. Sign material(s); 6.Wind Load. Stress tests and calculations showing the sign (and support structure) are designed for the high velocity wind requirements in the Florid Building Code. The seal of a Florida registered engineer or architect shall be affixed to drawings of the sign and / or support structure that have an area exceeding 32 square feet and / or six (6) feet in height, certifying that such signs are designed to meet the required loading; 7. Electrical. All electrical details required to determine code compliance for the sign and the structure supporting the sign; 8.Valuation. Estimated value or cost of the proposed sign; and 330 of 720 9. Payment. Each application for a sign permit required under this section shall be accompanied by the applicable fees pursuant to Section 1.D. above; and 10.Miscellaneous. Any other information as required by the Building Official that demonstrates compliance with the Florida Building Code and other applicable laws and ordinances of the City. C. Approval Criteria. Each application for a sign permit required under this section shall comply with the Florida Building Code and all applicable Land Development Regulations. D. Review Process. The Building Official or designee shall have 10 days to review an application for a sign permit to ensure that it is complete. If the application is found to be incomplete, the Building Official or designee shall send written notification to the applicant indicating the specific reasons (with appropriate code references) as to why the application is deficient. Once a sign permit application is deemed to be complete, staff will conduct a review of the application and within 45 days, shall approve, approve with conditions, or deny the application for a sign permit. E. Expiration. Any permit for a sign may be revoked by the City upon the determination that the sign is not in full compliance with the provisions of these Land Development Regulations or other applicable codes. A sign permit shall become null and void if no work has commenced within six (6) months upon the issuance of such permit. F. Miscellaneous. 1. Display of Permit Number. Every sign or structure supporting a sign hereafter erected shall permanently include in a conspicuous place thereon, the corresponding permit number. 2. Inspection. The City may inspect at any time each sign or structure supporting a sign regulated by this article for the purpose of ascertaining whether the same is unsafe, in need of repair or maintenance, not in conformance with the permit application or otherwise in violation of the provisions of this article. 3.Revocation of Permits. The Building Division is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this article or a misrepresentation of fact on the permit application and specified in the latest adopted Florida Building Code. 4.Appeal. Any appeal of a decision made by a City official shall be processed in accordance with Chapter 1, Article VIII, Section 3 (Appeals from an Administrative Official). 331 of 720 Sec. 8. Permit fee. Every applicant, before being granted a permit hereunder, shall pay a fee to the development department prior to permit review or issuance. Any sign or structure supporting a sign which erected or is in the process of being erected without a permit is subject to a total permit fee of four (4) times the normal permit fee. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01- 50, § 3, 12-4-01) Section 4.Variances. A.General. 1.Purpose and Intent. The purpose of this section is to provide an efficient relief process to allow for deviations from certain requirements and standards of the Florida Building Code, including the City’s Administrative Amendments thereof, and the applicable regulations in the City’s Land Development Regulations , in circumstances when the applicant is able to demonstrate a hardship. The intent of this application is not to provide a means for circumventing any such requirement or standard, but to allow for a departure from the code upon demonstration that the subject request satisfactorily addresses the review criteria contained herein, and without the necessity of amending the regulation to accommodate the requested relief. 2. Applicability. a. The owner of a building, structure, or service system, or duly authorized agent may appeal a decision from the Building Official whenever any one of the following conditions is claimed to exist: (1) The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; (2) The provision of the Florida Building Code, including the City’s Administrative Amendments thereto does not apply to this specific case; (3) That an equally good or more desirable form of installation can be employed in a specific case; or (4) The true intent and meaning of the Florida Building Code, including the City’s Administrative Amendments thereto have been misconstrued or incorrectly interpreted; or 332 of 720 b. The owner of a building, structure, or service system, or duly authorized agent may request relief to any of the following: (1) The Florida Building Code, including the City’s Administrative Amendments; (2) Part III, Chapter 4, Article IX Building, Construction, and Historic Preservation Requirements of the City’s Code of Ordinances; (3) Part III, Chapter 4, Article X Flood Prevention Requirements of the City’s Code of Ordinances. c. Notice of appeal shall be filed within 30 calendar days after the Building Official renders the refuted decision. B. Submittal Requirements. The application form shall be approved by the Building Official and maintained by the Building Division. In order for an application to be considered, it shall be accompanied by all documentation required by the application checklist. C. Review Criteria. The Building Board of Adjustment and Appeals, when so petitioned, and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the purpose and intent of this or the technical codes or public interest, and also finds all of the following general criteria in subsection “1” below: 1. General Criteria for All Variance Requests. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; b. That the special conditions and circumstances do not result form the action or inaction of the applicant; c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures, or service system; d. That the variance is granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and e. That the granting of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety, and general welfare. 333 of 720 2. Special Criteria for Variance Applications Involving Deviations from Flood Prevention Regulations. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. In passing upon such appeals, the Board shall determine that the granting of the variance will not result in increased flood heights; additional threats to public safety; extraordinary public expense; create nuisance; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances. The Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of these Land Development Regulations, and: a. The danger that materials may be swept onto other lands to the injury of others. b. The danger to life and property due to flooding or erosion damage. c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. d. The importance of the services provided by the proposed facility to the community. e. The necessity to the facility of a waterfront location, where applicable. f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. g. The compatibility of the proposed use with existing and anticipated development. h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. i. The safety of access to the property in times of flood for ordinary and emergency vehicles. j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. k. The costs of providing governmental services during and after flood conditions including maintenance and repair of public 334 of 720 utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. D.Approval Process. An application for variance approval requires review by staff to ensure it is eligible to be considered by the Building Board of Adjustment and Appeals. Once determined to be eligible for consideration, staff shall forward the variance application to the Building Board of Adjustment and Appeals, and such Board will review the request based on the review criteria listed above, and render its decision. See Section 112 of the City’s Administrative Amendments to the 2007 Florida Building Code for the rules and regulations regarding the operating procedures of the Board. E. Expiration. See Section 112 of the City’s Administrative Amendments to the 2007 Florida Building Code for the rules and regulations regarding the expiration of a variance granted by the Building Board of Adjustment and Appeals. F. Miscellaneous. 1.Conditions of Approval. The Building Board of Adjustment and Appeals may prescribe appropriate conditions and safeguards on the approval of any variance in accordance with Section 112 of the City’s Administrative Amendments to the 2007 Florida Building Code. 2.Flood Prevention Variances. Any applicant to whom a variance from the flood prevention requirements has been granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Variances from flood prevention requirements may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. The Director of Development or designee shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. D. Variance procedures/appeals. 1. The building board of adjustment and appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the director of development in the enforcement or administration of this article. a. In passing upon such appeals, the building board of adjustment and appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and: (1) The danger that materials may be swept onto other lands to the injury of others. 335 of 720 (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. b. Upon consideration of the factors listed above and the purposes of this article, the building board of adjustment and appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. c. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 2. The building board of adjustments and appeals shall hear and decide requests for variances from the requirements of this article. a. Conditions for variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. b. Variances shall only be issued upon: 336 of 720 (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 3. Any person aggrieved by the decision of the building board of adjustment and appeals or any taxpayer may appeal such decision to the circuit court as provided in Florida law. 4. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. 5. The director of development shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. No. 08-033, § 3, 12-16-08) Section 5. Permitting. A. When required. A permit shall be secured from the director of development, following consultation with the city engineer, prior to the construction of any parking lot. The issuance of a permit shall not relieve any party from obtaining the necessary permits which may be required by the various state, federal or local government agencies which have jurisdiction over the proposed construction, including, but not limited to, permits for paving and drainage, lighting and irrigation. Final inspections of the parking lot for compliance with this chapter and other city code requirements and standards are required prior to the issuance of a certificate of occupancy. B. Permit application. In connection with a request for a permit to construct a parking lot, the owner, or his authorized agent, shall submit an application which shall include, but not be limited to, information and materials as follows: 1. Permit fee; 2. A sealed survey, not older than six (6) months which shows existing elevations and/or contours; existing easements or other encumbrances; existing structures and trees; and other topographical features. In addition, the survey must show elevations of adjacent properties and rights- of-way; right-of-way widths of adjacent roadways; paving; sidewalks; elevations; utility lines; and other features; 3. Location of parking and loading facilities including calculations for the number of parking stalls required and the number of parking stalls provided, and the location of handicap parking stalls, signs and access ramps; 337 of 720 4. A cross-section of the materials to be used in the construction of the parking lot; 5. A parking lot layout including striping; 6. Proposed site plan; 7. Parking lot lighting plan, including the location of lighting standards, pole types, luminaire types, illumination levels, direction of lighting and type of activating mechanism; 8. Certified statement of conformance with Chapter 22, Streets and Sidewalks, of the City of Boynton Beach Land Development Regulations; 9. Location of existing and proposed streets to include ultimate rights-of-way. Dedication or right-of-way is required in conformance with the city and county comprehensive plans; 10. On-site traffic plan including arrows and traffic signs; 11. Landscaping plan and tree preservation plan consistent with current city codes; 12. Outline of all buildings on site to be served by the parking lot and existing and/or proposed use of same; 13. Paving and drainage plans with elevations, including calculations and details of the drainage system; 14. Parking lots serving uses which generate three thousand (3,000) vehicles, single-directional trips per day or two hundred fifty (250) vehicle, single-directional trips in a one-hour period shall submit a traffic impact analysis. 15. Any other engineering or technical data necessary to determine compliance with the provisions of this chapter and the standards referred to herein. The above-mentioned information shall be included in subdivision construction plans when applicable, and with plans submitted for site plan approval or building permit. (Ord. No. 02-033, §§ 3, 4, 8-20-02) Section 6. Non-compliance. A. Stoppage of work. Failure to comply with the plans of record or other city ordinances shall result in an order to stop work from the development director or his or her designee. Damage to public property resulting from work performed may result in a stop work order if a threat exists to the health and safety of the public. B. Fines and penalties. In addition to the remedies afforded in Section 6 above, the city may enforce the provisions of this chapter as follows: 1. Violation of the provisions of this chapter shall be a misdemeanor of the second degree, punishable by up to sixty (60) days in jail and/or a five hundred dollar ($500.00) fine, and the city may prosecute violations of this chapter as such. 2. The city may seek a mandatory injunction with the circuit court of the Fifteenth Judicial Circuit in and for Palm Beach County to enjoin violations of this chapter. Any violation of this chapter shall result in the authority to enjoin said nuisance by injunction, and may require that the land upon which the violation has been committed be returned to its condition, prior to the violation, or as close thereto as reasonably possible. Further, any party creating a violation of this chapter or nuisance resulting from a violation of this chapter shall be responsible for all of the city's costs, including attorney's fees, for bringing any injunctive action pursuant to this section. 3. The city may prosecute violations of this chapter through the city's code compliance board. 4. None of the above-listed remedies shall be considered to be mutually exclusive, and the city may pursue any or all of the above-listed remedies in conjunction with each other. (Am. Ord. No. 97-51, § 2, 11-18-97; Ord. No. 02-033, § 4, 8-20-02 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Article IV Building Division Services.doc 338 of 720 ARTICLE V. BUSINESS TAX SERVICES Section 1. General. A. Purpose and Intent. The purpose of this article is to set forth uniform and well-defined procedures for each application processed by the Business Tax section of the Planning and Zoning Division. B. Administration. The Business Tax Manager or designee shall be responsible for the overall coordination and administration of all applications contained within this article. C. Completeness. An application will be processed by the Business Tax section of the Planning and Zoning Division when it is deemed complete, including all related submittal documents. Please note that the Business Tax Manager or designee may rule that certain required items may be excluded from the submittal, and the finding of an application “complete” shall not constitute a determination of compliance with the substantive requirements of City or State regulations, or any other applicable codes. D. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the applications and processes contained herein. Section 2. Business Tax Receipt. A business tax receipt is required prior to engaging in or managing any business, profession, or occupation within the City. It shall be unlawful for any person to engage in any non-exempt business, profession, or occupation without first obtaining a business tax receipt in accordance with Part II City Code of Ordinances, Chapter 13 Licenses. Section 3. Seasonal Sales Event Approval. A.General. 1. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures, a well-defined application process, and information that shall be included in applications for seasonal sales events, in order to allow for the safe, orderly, and temporary selling of Christmas trees, pumpkins, fireworks, and similar items that are principally sold during the holidays. 2. Applicability. This process shall be required of any establishment or organization desiring to temporarily sell Christmas trees, pumpkins, fireworks, or other such items that are principally sold during holiday periods (outside a principal building), in accordance with Chapter 3, Article V, Section 7. The temporary display of retail merchandise not in connection with a seasonal sales event shall be regulated separately in accordance with Chapter 3, Article V, Section 5. 339 of 720 B. Submittal Requirements. The application for seasonal sales event approval shall be approved by resolution and maintained by the Business Tax section of the Planning and Zoning Division. All applications shall be accompanied by all documentation, plans, and exhibits as indicated on the application checklist. Fees shall be paid when each application is submitted to the Business Tax section and in the amount as adopted from time to time by resolution by the City Commission. C. Review Criteria. The special temporary sales event shall comply with the location requirements and time limitations of Chapter 3, Article V, Section 7, and other site development standards described in Chapter 4. D.Approval Process. Applications shall be reviewed by staff and action will be taken by the appropriate administrative official within 30 days of the application. E. Expiration. Event approval shall be valid for a period not to exceed 45 days within any one (1) calendar year. F. Miscellaneous. 1.Signage. See banners in Chapter 4, Article IV, Section 3.B.7 for additional standards regarding allowable signage for seasonal sales events. 2.Permanent Exterior Storage. The permanent exterior storage of retail merchandise or equipment shall be regulated separately in accordance with Chapter 3, Article V, Section 8. N. OUTDOOR RETAIL SALES BY NOT-FOR-PROFIT ORGANIZATIONS. Special outdoor retail sales shall be permitted in any nonresidential zoning district, subject to the following regulations: 1. The event is sponsored by a not-for-profit civic, religious, school or governmental organization. 2. The sponsors secure an occupational license for the duration of the event, and comply with all other applicable codes and ordinances. 3. Written approval must be secured from the owner of the property. 4. Liability insurance which is sufficient to cover the liability for the event shall be the responsibility of the property owner and event sponsor. 5. Adequate parking is provided for the event. 6. Such event or combination of events shall not exceed a maximum duration of four (4) weeks per calendar on any one parcel of land. However, a two-week extension may be provided, if conditions warrant. 340 of 720 7. Permits for all temporary structures, lighting and signs must be secured. 8. If a tent is used for the event, the tent shall be constructed of fire-retardant treated material and shall comply with the latest edition of the Southern Standard Building Code, as adopted by the city. 9. Farmers' markets, flea markets, sales bazaars, swap shops, trading posts and the sale or display of used retail merchandise shall be prohibited. 10. It is the responsibility of the sponsor, within three (3) days of the expiration of the event, to have the property cleared and brought to its original condition. Section 4. Special Sales Event Approval. A.General. 1. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures, a well-defined application process, and information that shall be included in applications for special sales events in order to allow for the safe and orderly operation of selling of merchandise. 2. Applicability. This process shall be required of any establishment or organization desiring to temporarily sell and store merchandise (outside a principal building) in accordance with Chapter 3, Article V, Section 6. The temporary display of retail merchandise not in connection with a special sales event shall be regulated separately in accordance with Chapter 3, Article V, Section 5. B. Submittal Requirements. The application for special sales event approval shall be approved by resolution and maintained by the Business Tax section of the Planning and Zoning Division. All applications shall be accompanied by all documentation, plans, and exhibits as indicated on the application checklist. Fees shall be paid when each application is submitted to the Business Tax section and in the amount as adopted from time to time by resolution by the City Commission. C. Review Criteria. The special temporary sales event shall comply with the location requirements and time limitations of Chapter 3, Article V, Section 6, and the other site development standards described in Chapter 4. D.Approval Process. Applications shall be reviewed by staff and action will be taken by the appropriate administrative official within 30 days of the application. E. Expiration. Event approval shall be valid for a period not to exceed 14 days within any one (1) calendar year; however, the approval may be valid for up to 60 days within one (1) calendar year if the subject site is large enough to accommodate, and configured such, that the merchandise associated with the sales event is setback at least 300 feet from any property line abutting a street right-of- way in accordance with Chapter 3, Article V, Section 6. 341 of 720 F. Miscellaneous. 1.Signage. See banners in Chapter 4, Article IV, Section 3.B.6 for additional standards regarding allowable signing for special temporary sales event approval. 2.Permanent Exterior Storage. The permanent exterior storage of retail merchandise or equipment shall be regulated separately in accordance with Chapter 3, Article V, Section 8. S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Article V Business Tax Services.doc 342 of 720 ARTICLE VI. IMPACT AND SELECTED FEES Section 1. General. The purpose of this article is to provide an overview of some of the regulatory fees, excluding application and construction related fees, which are commonly imposed by the City when an applicant undertakes development, redevelopment, or improvement of real property in the City. The intent of this article is to assist a developer in their due diligence; however, the following list may not be all inclusive, as additional fees and costs may be applicable. Section 2. City Parks and Recreation Facilities Impact Fee or Land Dedication . A. General. 1. Purpose and Intent. This section is enacted to ensure that future land development within the City provides land and facilities for park or recreational purposes in accordance with the Open Space and Recreation Element of the Comprehensive Plan adopted by the City. The imposition of a Park and Recreation Facilities Impact Fee is to provide a source of revenue to fund the construction or improvement of the city park system necessitated by growth, as delineated in the Capital Improvement Element of the Comprehensive Plan. The purpose of this section is to ensure that all future residential land development creating an impact on park and recreational facilities within the City shall bear a proportionate share of the cost of capital expenditure necessary to provide such facilities in accordance with the Open Space and Recreation Element of the Comprehensive Plan adopted by the City. 2. Applicability. A Park and Recreation Facilities Impact Fee is hereby imposed on the construction of any type of new residential dwelling unit. For the purposes of this section, a residential use shall be construed to be any such use that is listed under the “Residential and Lodging” category shown in the Use Matrix (see Chapter 3, Article IV, Section 3.D.). A residential use shall include the residential component of mixed-use developments, or the conversion of any existing nonresidential use to a new residential use. The provisions of this section however, shall not apply to Hotel and Motel establishments, and nursing homes (as defined by the State). 3. Terms and Definitions. See Chapter 1, Article II for the terms and definitions associated with impact fees. 4. Waiver. Any request to waive a City impact fee shall be in accordance with Part II, City Code of Ordinances, Chapter 8 Economic Development, Section 8-1. B.Time of Impact Fee Payment. Payment of Park and Recreation Facilities Impact Fees or transfer of title to land conveyed in lieu of a cash payment, shall be made prior to the issuance of a building permit (see Chapter 2, Article IV, Section 2) , or prior to approval of a plat or replat application in accordance with Chapter 2, Article III, Section 2, whichever occurs first. 343 of 720 C. Impact Fee Calculation. The formula used to develop Park and Recreation Facilities Impact Fee assessment is set forth in accordance with the following: 1. Table 2-3. Costs Per Capita: Methodology. The cost per capita is calculated by multiplying the standard quantity of park land and facility by average cost per facility. The standard quantity is based on actual provision. The land value is the average assessed value per acre of all vacant parcels within the City of two (2) acres or more. Average development cost has been added to the average assessed value to account for basic civil and site development costs. Component Standard per Average Cost Cost per Capita per Facility Capita Land Acres 0.004700 $543,292 $2,553.47 Playgrounds 0.000259 $100,000 $25.90 Basketball Courts 0.000198 $60,000 $11.88 Handball/Racquetball Courts 0.000122 $225,000 $27.44 Baseball/Softball Fields - Youth 0.000061 $595,000 $36.30 Baseball/Softball Fields - Adults 0.000061 $655,000 $39.96 Football/Soccer Fields 0.000025 $560,000 $14.00 Tennis Courts 0.000473 $60,000 $28.35 Shuffleboard Courts 0.000244 $25,000 $6.10 Picnic Areas 0.000320 $50,000 $16.01 Fitness Trails (Stations) 0.000030 $100,000 $3.05 TOTAL COST PER CAPITA $2,762.45 See next page 344 of 720 2. Table 2-4. Adjustment Rate. Based on park improvement budgets over the last five (5) fiscal years, 81% of the cost of park development is anticipated to be generated by the City, with the remaining 19% covered by funds from the trust fund established for deposition of impact fees. In the calculation below, other revenues that are being used to pay for new parks and recreational facilities and for improvements of existing facilities are subtracted from the total per capita cost, as shown: Total Less Credit: Net Unfunded Investment Cost Percent Other Cost per Capita Per Capita Revenues $2,762.45 81% $525 3. Table 2-5. Cost Per Dwelling Unit (Impact Fee) Methodology. The cost of parks and recreational facilities per dwelling unit is the impact fee. It is calculated by multiplying the park and recreational facility cost per person (after the credit reduction for other revenues) by the average number of persons per dwelling unit in a given type of structure: Type of Dwelling Unit Net Unfunded Persons Per Impact Fee Per 4 Cost Per Dwelling Dwelling Unit . Capita Unit* Single-Family, Detached $525 2.70 $1,418 F Single-family, Attached $525 1.99 $1,045 e Multi-Family $525 1.76 $924 e *The persons-per-unit numbers are currently based on 2000 Census data. D. Table 2-6. Impact Fee Amount. The established park and recreation facilities impact fee per residential unit is as follows: Type of Dwelling UnitImpact Fee per Dwelling Unit Single-Family, Detached $1,418 Single-family, Attached $1,045 Multi-Family $924 E. Credit Towards Impact Fee Imposition. Where a building consisting of one or more dwelling units is replaced by another building of one or more dwelling units, there shall be a credit against the payment of the fees originally paid or assessed. F. Land Donation as Impact Fee Obligation Satisfaction. Some or all of the Park and Recreation Facilities Impact Fee obligation may be satisfied by dedication of land to the City for park and recreation facilities. The process of donation may be initiated by the applicant or the City upon the formal filing of a development application and prior to the completion of staff reviews. When staff anticipates the need for a land dedication in lieu of an impact fee, staff shall notify 345 of 720 the property owner/applicant at the pre-application conference. Staff's notification to the property owner/applicant shall include a statement that only the City Commission has the authority to decide when a land dedication will be required in lieu of the payment of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved to the City Commission. 1.Master or Site Plan. When either an applicant or the City proposes a land dedication in lieu of all or part of the required cash fee, the applicant shall submit to the Director of Parks and Recreation a proposed plan for the dedication of land for impact fee satisfaction. The proposed plan shall include a legal description of the land and a written appraisal of the land, along with a proposed date for the donation of the land. Upon receipt of the proposed plan, the Director of Recreation and Parks shall schedule a hearing before the City Commission and provide the applicant with written notice of the time and place of the hearing. Such hearing shall be held in accordance with the City Commission rules for conducting quasi-judicial hearings. The City Commission, following a written recommendation from the Director of Parks and Recreation and the City Manager, shall, following the public hearing determine whether it shall require a land dedication in lieu of a fee by consideration of the following: a. Suitability. The land should be suitable for future park and recreation facilities based upon the size, shape, topography, geology, access and location of the proposed development; b. No Defects. The land must have no known physical problems such as with drainage or flooding, or on-site safety hazards associated with it; c. Consistency. The location of the land and its potential for development should be consistent with the city's Recreation and Parks Strategic Plan. 2.Approval. Nothing contained herein should be construed to prevent the City Commission from exercising its authority to decline the donation of land as partial or full satisfaction of the Park and Recreation Facilities Impact Fee. 3.Fair Market Value. The fair market value of said land dedicated in lieu of a cash fee will be credited to the applicant against the impact fee as set forth in this section. If the fair market value exceeds the applicant's impact fee obligation, the reimbursement will be made to the applicant by direct cash payment from the trust fund. 4.Appraisal. The value of the proposed land to be dedicated shall be based upon a written appraisal of fair market value by a qualified and professional appraiser, and based upon comparable sales of similar property between unrelated parties in a bargaining transaction, if available. The appraiser must: be a Member of the Appraisal Institute (M.A.I.); have his or her principal office for business in Martin, Palm Beach or Broward 346 of 720 County; and have been qualified to testify as an expert on land valuation in a court proceeding in at least three (3) legal proceedings involving a governmental entity. The fee of the appraiser shall be paid by the applicant when a dedication in lieu of a cash fee is requested by the applicant and by the City when the dedication in lieu of a cash fee is initiated by the City. G. Use of Park Impact Fee Proceeds. 1. The funds collected pursuant to the Park and Recreation Facilities Impact Fee Ordinance shall be paid to the city, and placed in a trust fund to be known as the reserve for parks and recreational facilities. a. This account shall be used solely for the acquisition, improvement, expansion or implementation of parks and recreational facilities in the City. b. Funds shall be used first for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by purchasing land or by improving the land for park and recreational purposes. c. If both adequate land and improvements exist in the area, funds may be spent to acquire or improve park and recreational facilities elsewhere in the city. 2. The amount of the park impact fee collected pursuant to this section plus any interest accrued may be returned to the person or entity that paid the fee, upon petition for refund, only if such fees have not been expended or encumbered by the end of the fiscal year immediately following the sixth (6th) anniversary of the date upon which such fees were paid. 3. So long as the park impact fees have not been expended or encumbered by the City, the person or entity that paid the impact fee may request a refund in the event all development approvals, permits, and th authorizations expire prior to the anniversary of the sixth (6) year upon which such fees were paid. In addition to the requirements of this section, if the request for the refund is submitted prior to the anniversary of the th sixth (6) year upon which such fees were paid, the petition for the refund must include a justification as to the reason for refund, and prior to any refund being provided, the person or entity that paid the fee shall sign a notarized sworn statement releasing the City from any legal liability associated with the development of the property and the expired development approvals, permits, and authorizations. 4. Refunds shall be made in accordance with the following procedure: 347 of 720 a. The completed petition for refund must be submitted to the Director of Parks, via certified mail return receipt requested, and shall consist of: (1) A notarized sworn statement that the applicant was the entity that paid the impact fee; (2) A copy of the dated receipt issued for payment of the impact fee or such other record that would indicate payment/credit for such fee; (3) A certified copy of the latest recorded deed; and (4) A copy of the most recent ad valorem tax bill. b. Within 90 days from the date of a receipt of a complete petition for refund: (1) The Director of Recreation and Parks will advise the applicant of the status of the request for refund; and (2) If such impact fee or portions thereof have not been spent or encumbered within its applicable time period, then the fee or portion thereof not spent or encumbered shall be returned to the applicant. c. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of first fee in, first fee out. Section 3. Capital Facilities Fee. Potable water / sanitary sewer fees are calculated based on the type of use and anticipated water and sewer demand as detailed in Chapter 26 of Part II of the City’s Code of Ordinances. Section 4. Fire Rescue Assessment. This fee is required pursuant to Chapter 23, Article III in Part II City Code of Ordinances. Section 5. Art in Public Places Fee. All development, redevelopment, reconstruction, or remodeling projects, which are subject to the Arts in Public Places Program, shall pay a public arts fee in accordance with Part II City Code of Ordinances, Chapter 2, Article XII. Section 6. Downtown Stormwater Improvement Watershed Fee. This fee shall be paid prior to the issuance of a building permit for new construction and / or redevelopment in the Downtown Watershed in accordance with Section 26-406 of Part II City Code of Ordinances. Section 7.Palm Beach County Fees. Palm Beach County ordinances require that certain impact fees be paid concurrent with development activities, collectible prior 348 of 720 to issuance of certain permitting fees. Developers in Boynton Beach shall pay such fees in accordance with Palm Beach County ordinances. A. Road. This fee is based on the County’s schedule, published 01/12/2006 or most recent update. B. School. This fee is based on the County’s schedule, published 01/12/2006 or the most recent update. C. Park. This fee is based on the County’s schedule, published 01/12/2006 or the most recent update. D. Public Building. This fee is based on the County’s schedule, published 01/12/2006 or the most recent update. ARTICLE V. IMPACT FEES AND DEDICATIONS Section 1. In general. Impact fees are regulatory fees due for land development activity causing a need for capital improvements. Section 2. Palm Beach County Fees/dedications. Palm Beach County ordinances require that certain impact fees be paid concurrent with development activities, collectible prior to issuance of certain permitting fees. Developers in Boynton Beach shall pay such fees in accordance with Palm Beach County ordinances. Section 3. Establishment of parks and recreation facilities impact fee or land dedications in lieu thereof. A. PURPOSE. This section is enacted to insure that future land development within the city provides land and facilities for park or recreational purposes in accordance with the open space and recreation element of the comprehensive plan adopted by the city. B. IMPACT FEE IMPOSED. A park and recreation facilities impact fee is hereby imposed on all the development of all real property that is hereinafter developed or redeveloped for residential use within the city limits. C. PURPOSE OF IMPOSITION OF FEE. The imposition of a park and recreation facilities impact fee is to provide a source of revenue to fund the construction or improvement of the city park system necessitated by growth, as delineated in the capital improvement element of the proposed comprehensive plan. The purpose of this section is to ensure that all future residential land development creating an impact on park and recreational facilities within the city shall bear a proportionate share of the cost of capital expenditure necessary to provide such facilities in accordance with the open space and recreation element of the comprehensive land adopted by the city. D. APPLICABILITY OF FEE. The provisions apply to development, including the residential component of mixed-use developments. The provisions of this section shall not apply to nonresidential property. 349 of 720 E. DEFINITIONS. When used in this section, the following terms shall have the following meanings. APPLICANT - The person or entity applying, or required by the city code to apply, for a building permit for the construction of three or more dwelling units, or for the construction of one or more dwelling units within a development of three or more units. Applicant is synonymous with owner. DWELLING - A living facility for one or more persons, such as a one-family house, an apartment or a condominium. IMPACT FEE - Park and recreation facilities impact fee. OBLIGOR - Any person or entity who is obligated to pay a park and recreation facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance. PARK - A public park within the city that is not owned or operated by the county. RESIDENTIAL UNIT – An apartment, condominium, single-family detached house, mobile home, single-family attached house or multi-family housing established for human habitation. This excludes hotels, condominium hotel units, extended stay hotel units or timeshares. F. TIME OF IMPACT FEE PAYMENT. Payment of park and recreation impact fees or transfer of title to land conveyed in lieu of a cash payment, shall be made prior to the issuance of a building permit, or prior to approval finality of an development order approving an application for plat or replat, whichever occurs first. G. IMPACT FEE CALCULATION. The formula used to develop park and recreation facilities impact fee assessment is set forth as Appendix A at the end of this chapter. H. IMPACT FEE AMOUNT. The established park and recreation facilities impact fee per residential unit is as follows: Type of Dwelling Unit Impact Fee per Dwelling Unit Single-family, detached $1,418 Single-family, attached $1,045 Multi-family $924 350 of 720 I. CREDIT TOWARDS IMPACT FEE IMPOSITION. Where a building consisting of one or more dwelling units is replaced by another building of one or more dwelling units, there shall be a credit against the payment of the fees originally paid or assessed. J. LAND DONATION AS IMPACT FEE OBLIGATION SATISFACTION. Some or all of the park and recreation facilities impact fee obligation may be satisfied by dedication of land to the city for park and recreation facilities. The process of donation may be initiated by the applicant or the city upon the formal filing of a development application and prior to the completion of staff reviews. When city staff anticipates the need for a land dedication in lieu of an impact fee, city staff shall notify the property owner/applicant at the pre-application meeting. Staff's notification to the property owner/applicant shall include a statement that only the City Commission has the authority to decide when a land dedication will be required in lieu of the payment of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved to the City Commission. 1. When either an applicant or the city proposes a land dedication in lieu of all or part of the required cash fee, the applicant shall submit to the Director of Parks and Recreation a proposed plan for the dedication of land for impact fee satisfaction. The proposed plan shall include a legal description of the land and a written appraisal of the land, along with a proposed date for the donation of the land. Upon receipt of the proposed plan, the Director of Recreation and Parks shall schedule a hearing before the City Commission at the next regularly scheduled meeting for the purpose of reviewing the proposed plan, and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be held in accordance with the City Commission rules for conducting quasi-judicial hearings. The City Commission, following a written recommendation from the Director of Parks and Recreation and the City Manager, shall, following the public hearing determine whether it shall require a land dedication in lieu of a fee by consideration of the following: a. Suitability. The land should be suitable for future park and recreation facilities based upon the size, shape, topography, geology, access and location of the proposed development; b. No defects. The land must have no known physical problems such as problems with drainage or flooding, or on-site safety hazards associated with it; c. Consistency. The location of the land and its potential for development should be consistent with the city's Recreation and Parks Strategic Plan. 2. Nothing contained herein should be construed to prevent the City Commission from exercising its authority to decline the donation of land as partial or full satisfaction of the park and recreation impact fee. 3. The fair market value of said land dedicated in lieu of a cash fee will be credited to the applicant against the impact fee as set forth in this section. If the fair market value exceeds the applicant's impact fee obligation, the reimbursement will be made to the applicant by direct cash payment from the trust fund. 351 of 720 4. The value of the proposed land to be dedicated shall be based upon a written appraisal of fair market value by a qualified and professional appraiser, and based upon comparable sales of similar property between unrelated parties in a bargaining transaction, if available. The appraiser must: be a Member of the Appraisal Institute (M.A.I.); have his or her principal office for business in Martin, Palm Beach or Broward County; and have been qualified to testify as an expert on land valuation in a court proceeding in at least three (3) legal proceedings involving a governmental entity. The fee of the appraiser shall be paid by the applicant when a dedication in lieu of a cash fee is requested by the applicant and by the city when the dedication in lieu of a cash fee is initiated by the city. K. USE OF PARK IMPACT FEE PROCEEDS. 1. The funds collected pursuant to the Park and Recreation Facilities Impact Fee Ordinance shall be paid to the city, and placed in a trust fund to be known as the reserve for parks and recreational facilities. a. This account shall be used solely for the acquisition, improvement, expansion or implementation of parks and recreational facilities in the city. b. Funds shall be used first for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by purchasing land or by improving the land for park and recreational purposes. c. If both adequate land and improvements exist in the area, funds may be spent to acquire or improve park and recreational facilities elsewhere in the city. 2. The amount of the park impact fee collected pursuant to this section plus any interest accrued may be returned to the person or entity that paid the fee, upon petition for refund, only if such fees have not been expended or encumbered by the end of the fiscal year immediately following the sixth (6th) anniversary of the date upon which such fees were paid. 3. Refunds shall be made in accordance with the following procedure: a. The completed petition for refund must be submitted to the Director of Parks, via certified mail return receipt requested, and shall consist of: i. A notarized sworn statement that the applicant was the entity that paid the impact fee; ii. A copy of the dated receipt issued for payment of the impact fee or such other record that would indicate payment/credit for such fee; iii. A certified copy of the latest recorded deed; and iv. A copy of the most recent ad valorem tax bill. b. Within ninety (90) days from the date of a receipt of a complete petition for refund: 352 of 720 i. The Director of Recreation and Parks will advise the applicant of the status of the request for refund; and ii. If such impact fee or portions thereof have not been spent or encumbered within its applicable time period, then the fee or portion thereof not spent or encumbered shall be returned to the applicant. c. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of first fee in, first fee out. (Ord. No. 06-025, § 2, 4-4-06; Ord. No. 06-057, § 2, 7-5-06; Ord. No. 07-027, § 2, 10-2- 07) ARTICLE VI. LAND DEVELOPMENT FEES. Fees shall be charged for land development activities described herein as established by the City Commission from time to time by resolution. Current and applicable fee schedules and/or resolutions can be obtained at the office of the city clerk or department of development. S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Article VI Impact and Selected Fees.doc 353 of 720 354 of 720 355 of 720 10. A CITY MANAGER’S REPORT January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R10 -012 -- Approve EQUESTED CTION BY ITY OMMISSION Second Addendum to Agreement for Vehicle Towing Rotation Program. ER: On December 15, 2009 the City Commission directed staff to XPLANATION OF EQUEST extend the current Tow Addendum (expiring 12/31/09) for two more years. The Addendum provides for the towing of Class A City-owned vehicles free of charge and the remaining classes (B, C and D) at reduced rates. The Addendum also adjusted non-City owned vehicle tow rates up to the County rates. In addition to the above items, staff recommends that each Tow Contractor recertify their compliance with the existing Towing Program contract. A recertification statement is included in the Addendum document. Staff has also included language to require tow vendors to state the Police Dept. assigned case number on their tow invoices. This will help staff match invoices to specific cases which assists in processing payment. At the request of the Commission, Code Compliance Supervisor Scott Blasie and Sgt. Craig Anthony, P.D. conducted on-site inspections of each of the six current towing vendors. With the exception of a minor fencing issue with one vendor, they found all vendors to be in compliance with the current contract. See report attached. Further, since the 12/15/09 Commission meeting staff has received inquiries from several tow vendors expressing an interest in getting onto our rotation list. Based on their comments, staff anticipates several firms will be attending the Commission meeting and will want to speak to this issue. 356 of 720 H? Extending the Tow Addendum with the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES current six vendors will have no impact on our current program management. A: Not approve Addendum. LTERNATIVES 357 of 720 RESOLUTION NO. R 10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SECOND ADDENDUM TO AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM TERMINATING ON DECEMBER 31, 2011; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SECOND ADDENDUM TO AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on December 15, 2009, the City Commission provided direction to staff regarding towing services and approved an extension of the current towing Agreements with some modifications until December 31, 2011; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the Second Addendum to Agreement for Towing Rotation Program and authorizes the City Manager and City Clerk to execute the Second Addendums with each of the towing companies in the current Agreement for Vehicle Towing Rotation Program, a copy of the Second Addendums are attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. 358 of 720 PASSED AND ADOPTED THIS _____ day of January, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Jose Rodriguez ATTEST: _______________________________ Commissioner – Marlene Ross __________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 359 of 720 SECOND ADDENDUM TO AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and ____________________________________________ hereinafter referred to as "TOW CONTRACTOR". WITNESSETH: 1.The Agreement between the CITY and the TOW CONTRACTOR entered into the ___ day of __________, 2005 and amended a first Addendum effective January 6, 2009, is further amended as set forth below. 2.The Tow Contractor certifies that Contractor has reviewed the terms and conditions of the original Agreement, as amended and certifies, by separate signature below, that Contractor is fully qualified as required by the Agreement to perform towing services. 3.All other terms and conditions of the Agreement and the first Addendum not specifically amended as shown above shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: 16.0REPORTS AND RECORD KEEPING I. All Tow Contractor invoices shall include the case number assigned by the Police Department or City Dispatch. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall terminate on December 31, 2011, unless suspended or terminated earlier in accordance with the procedures set forth in this Agreement. 360 of 720 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ City Manager ATTEST: APPROVED AS TO FORM: ___________________ ______________________ City Clerk City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared _____________________, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. NOTARY PUBLIC My Commission Expires: 361 of 720 TOW CONTRACTOR WITNESSES: _________________ BY:__________________________ _________________ STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. NOTARY PUBLIC My Commission Expires: RE-CERTIFICATION OF QUALIFICATIONS I, ____________________________, as representative of Tow Contractor hereby certify that I have reviewed the qualifications required under the terms of the Agreement as amended and that Tow Contractor is fully and completely in compliance with those qualifications. By: _____________________________ 362 of 720 363 of 720 364 of 720 10. B CITY MANAGER’S REPORT January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19 , 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review of Renovation Plan for Old Boynton Beach High EQUESTED CTION BY ITY OMMISSION School submitted to the City Commission on December 15, 2009. NOTE: THIS ITEM WAS TABLED FROM THE JANUARY 5, 2010 CITY COMMISSION MEETING. ER: Per the request of Mayor Taylor, this is a preliminary staff analysis XPLANATION OF EQUEST of the undated proposal submitted by Gaylord Allan Hendricks Consulting to the City Commission on December 15, 2009. The initial staff analysis is attached along with a digitized copy of the Hendrick’s proposal. See attachments 1 and 2 for the December 19, 2009 proposal and attachments 2 and 4 for the preliminary staff analyses. Also see attachments 5-9 for definitions and background information on the funding programs. H? Preliminary – please see attached OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES summary analyses by CRA and City Staff (attachments 3 and 4). FI: Preliminary – please see attached summary analyses by CRA and City Staff ISCAL MPACT (attachments 3 and 4). . A: LTERNATIVES 1. Reconsider the deletion of the March 2010 referendum issue. The may require a special City Commission meeting to meet the requirements for two ordinance readings. The final conformed language must be at the Palm Beach County Board of Elections by st February 1. Staff is confirming the absolute deadline. 2. Authorize staff to prepare a request for proposal to allow other organizations or agencies to compete for City and CRA refurbishment funding. 365 of 720 3. Do nothing. Attachments to this Report: 1. Copy of December 19, 2009 Old High School Proposal by Gaylord Allan Hendricks. 2. Executive Summary – December 19, 2009 Old High School Proposal 3. Initial CRA Staff Analysis – December 19, 2009 Old High School Proposal 4. Initial City Staff Analysis - December 19, 2009 Old High School Proposal 5. Definition of 501 c 3 Organization from BoardSource 6. Definition of 501 c 4 Organization from BoardSource 7. Overview of Federal Rehabilitation Tax Credit Program from National Trust for Historic Preservation. 8. FAQ’s about New Market Tax Credit (NMTC) Program from Impactseven.org (a non- profit organization working with the NMTC program). 9. US Department of Treasury New Market Tax Credit Program (Summary of 2009 Program). 366 of 720 367 of 720 368 of 720 369 of 720 370 of 720 371 of 720 372 of 720 373 of 720 374 of 720 375 of 720 376 of 720 377 of 720 378 of 720 379 of 720 380 of 720 381 of 720 382 of 720 383 of 720 384 of 720 385 of 720 386 of 720 387 of 720 388 of 720 389 of 720 390 of 720 391 of 720 392 of 720 393 of 720 394 of 720 395 of 720 396 of 720 397 of 720 398 of 720 399 of 720 400 of 720 401 of 720 402 of 720 403 of 720 404 of 720 405 of 720 406 of 720 407 of 720 408 of 720 409 of 720 410 of 720 411 of 720 412 of 720 10. C CITY MANAGER’S REPORT January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a tri-party Interlocal Agreement for the exchange EQUESTED CTION BY ITY OMMISSION of land between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the modernization of Galaxy Elementary School. ER: XPLANATION OF EQUEST Brief Background: In December 2007 the School District voted to close Galaxy Elementary and re-distribute the students to other schools. The School District was then going to construct a K-8 school on the old Atlantic High School campus. On February 5, 2008 the City Commission authorized the City Manager to send a letter to PBC School Superintendent formally requesting the Board to consider other alternatives rather than demolish the school. The 2/5/08 agenda packet is attached. One consideration that was not part of the original discussions on the disposition of the school involved the swap of land between the City and the School District to better facilitate a site for the reconstruction of the school. It was the District’s desire to re-position the school further away from I-95 because of noise issues. In its’ February letter to the District, the City offered its’ willingness to convey the Galaxy Park property (3.78 acres) to the District to assist with the reconstruction of the school. This would also allow the District to construct a more rectangular footprint (district standard) rather than maintain the linear footprint that existed. In return, the School District would construct a new (replacement park) on the northern portion of their 413 of 720 property. Exhibit A depicts the current locations of the park and school. Exhibit B illustrates the proposed locations for the new school and replacement park. After considerable City and community input, the School District approved the reconstruction of Galaxy Elementary in 2008. The modernization project was placed in the School Board’s FY 2008-2012 Five Year Capital Plan and is scheduled to be completed by 2012. Galaxy Park is a 3.78 acre park site which includes a baseball diamond, two tennis courts, and playground equipment. The School District will provide, at their expense, the same amenities in the replacement park. The Interlocal agreement before you tonight states that the District will provide like-kind materials and specifications currently used by the City and will include all of the amenities that presently exist in Galaxy Park. The City will also have input into the details of the site plan for the replacement park. The ILA further addresses the handling of the property deeds, title commitments, survey expenses, etc. Each party will pay for these expenses as they relate to their existing properties. The property deeds conveying the City’s park property to the District and the District’s replacement park property to the City will both be held in escrow until such time that the replacement park is completed. This provides assurance to the City that the replacement park property is properly and timely conveyed. The ILA is a tri-party agreement among the City, the School Board of PBC and Palm Beach County. When Palm Beach County conveyed the park land for Galaxy Park to the City, they included a reversionary clause requiring the land be used for public purpose. City Manager Bressner contacted County Administrator Bob Weisman to see if it would be acceptable for the County to consider the school being located on the Galaxy land as a “public purpose”. This was acceptable to the County and a Declaration of Public Purpose was drafted. However, staff further learned that the School District is planning to fund the reconstruction project with Certificates of Participation (COPs) and were informed that the “Declaration” would not be acceptable to their investors and insurers. In order for this type of funding to work the District’s title to the park property had to be free of any restriction or reversionary clause. With agreement among all three parties, appropriate documentation is being developed to provide for the transfer of the reversionary clause over to the replacement park property. An additional component of the agreement involves the School District’s request to abandon the ROW on Galaxy Way. Staff is currently reviewing this matter and the item will be brought back before the Commission as a separate item. H? The land swap will result in the temporary OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES loss of recreational space at Galaxy Park for approximately two years. The proposed timeline for the project is as follows – CY (Calendar Year): CY 2010: School District to work on design, permitting and bidding the project CY 2011: Feb.-March – Demolish Galaxy Park; April 2011 commence school construction CY 2012: August 2012 new school opens; commence construction of replacement 414 of 720 park. CY 2013: March 2013 - Replacement Park completed and opened FI: Other than the customary transaction costs related to the land swap, the City ISCAL MPACT will bear no expense with the demolishing and re-construction of the replacement park. A: Not approve the ILA. LTERNATIVES 415 of 720 416 of 720 417 of 720 418 of 720 419 of 720 420 of 720 421 of 720 422 of 720 423 of 720 424 of 720 425 of 720 426 of 720 427 of 720 428 of 720 429 of 720 430 of 720 431 of 720 432 of 720 433 of 720 434 of 720 435 of 720 436 of 720 437 of 720 438 of 720 439 of 720 440 of 720 441 of 720 442 of 720 443 of 720 444 of 720 445 of 720 446 of 720 447 of 720 448 of 720 449 of 720 450 of 720 451 of 720 452 of 720 453 of 720 454 of 720 455 of 720 456 of 720 457 of 720 458 of 720 459 of 720 460 of 720 461 of 720 462 of 720 463 of 720 464 of 720 465 of 720 466 of 720 467 of 720 468 of 720 469 of 720 10. D CITY MANAGER’S REPORT January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider alternatives under the proposal to relocate Police EQUESTED CTION BY ITY OMMISSION Headquarters in Renaissance Commons and authorize negotiations to A. Enter into a 20-year lease with an option to purchase, or B. Purchase the required office space outright. Depending on the Commission's direction, staff will then request the Commission to 1. Approve an Agreement to occupy Renaissance Commons. 2. Amend the Capital Improvement Plan to purchase and / or build out the.required space. 3. Authorize the necessary financing for the estimated costs and related interest. 4. Authorize the procurement of required design and construction services. ER: At its November 17, 2009 meeting, the City Commission heard XPLANATION OF EQUEST presentations from respondents to a City Request for Proposals for City Police and City Hall facilities. As a result, the City Commission, by a 3-2 vote, directed City staff to proceed with contract negotiations with the owners of Renaissance Commons, located at the Southeast corner of Congress Avenue and Gateway Boulevard, for the distinct purpose of locating Police facilities within the referenced development. The proposal from Renaissance Commons allows for either the (a) lease or (b) purchase of interior office space. This report is the first of several reports to the City Commission necessary to develop defined lease or purchase terms. It is necessary to create these terms in order for build out to proceed in a logical progression with minimal surprises and cost escalations. There are two distinct cost components related to this project that must be addressed. 470 of 720 First, lease and/or purchase terms must be developed such that defined parameters for space cost per square foot and final total cost implications of space design will be well known. These terms shall include cost to acquire and/or lease space as well as identify future maintenance expenses associated with the Common Area Maintenance (CAM). CAM is presently estimated at $3.65 per occupied square foot (leased or purchased). Components of the CAM includes maintenance of common elements including garages, elevators, pest control, grounds and landscaping, and common element electricity to name a few. CAM does not include property taxes given the City’s tax exempt status if it were to purchase the space. Further discussion of lease terms follows later in this report. The second cost component to consider is that cost associated with build out of the vacant office space. The build out of this space will be designed and constructed directly by the City of Boynton Beach. At this time, staff is exploring the various build out approaches to include:  Traditional Design/Bid/Build  Design/Build  Construction Manager (at risk) Each of these approaches has unique advantages related to cost and time. Preliminarily, we believe that the Design/Build delivery approach will provide the best price and most timely completion. Staff believes this approach to be the best because there are simply too many unknowns at this time. For example, voice/data design, emergency power generation needs, and furniture design compatible with the building design all must be carefully considered. Furthermore, final integration of emergency power and security with the existing building infrastructure suggests intimate Owner / City involvement in a fairly comprehensive design. All delivery approaches must comply with State and City Purchasing laws. Therefore, in the best case scenario, we must assume that the entire design and construction process will last from 12 to 18 months from the final formal notice to proceed from the City Commission. Staff cannot proceed with design and construction until such time that defined lease and/or purchase parameters for the space are known. Therefore, lease and purchase terms must now be developed and agreed to by both the City and Renaissance Commons. The City staff received a proposed lease from Compson and Associates dated January 12, 2010 and has not had an opportunity to review the document in detail. The City Attorney’s office is in the process of reviewing and revising the document and will be ready to discuss the lease at the January 19, 2010 Commission meeting. For purposes of information, it is attached as Exhibit A. Staff has estimated build out costs totaling approximately $8 million for space sufficient to house the Boynton Beach Police Department. This total includes costs of construction, furnishings, voice and data, architect/engineer design, LEED build out (green building), backup generation building permit and arts fee. These costs are not unique for a Police building. A detail listing of these estimated costs follows. 471 of 720 CITY OF BOYNTON BEACH ESTIMATED COST OF POLICE HQ PURCHASE OPTION AND BUILDOUT @ RENAISSANCE COMMONS Cost Per Total Estimated Sq. Feet Approximate Available Space Needed (Purchase Option):Sq. FootCost Office Space Purchase Cost 4th Floor 45,093 1st Floor 16,500$ 180.00$ 11,086,740 Total Needed Sq. Feet 61,593$ 190.00 $ 11,702,670 Total Proposed Sq. Feet 66,893$ 180.00$ 12,040,740 Estimated Buildout Costs (Identical with Lease or Purchase Option) Construction: General office and common spaces 35,433$ 40.00 $ 1,417,320 Evidence, prisoner processing, fitness, lockers, etc 14,210$ 60.00 $ 852,600 Communications, forensic processing, etc. 3,755$ 100.00 $ 375,500 Executive offices, lobby, work support areas, lunch rooms 4,390$ 50.00 $ 219,500 Sally port (1st floor In lieu of 5,300 sq. feet on 5th floor) 1,885$ 75.00 $ 141,375 Code workstations 1,360$ 35.00 $ 47,600 Vehicle processing 500$ 30.00 $ 15,000 Copy area 60$ 2,700 $ 45.00 Total Needed Sq. Feet 61,593$ 49.87 $ 3,071,595 Allowances: Added Security$ 500,000 Generator / partial power backup$ 400,000 Green / LEED allowance$ 500,000 $ 4,471,595 Construction Contingency15.00%$ 670,739 Total Build Out Construction Cost (CH2MHill estimate = $4,065,600 in February 2009)$ 5,142,334 Soft Costs: Architect / Design Cost8.75%$ 450,000 Building Permits2.30%$ 118,274 Art in Public Places Fee1.00%$ 51,423 Total Construction Cost Estimate$ 5,762,031 Equipment: Voice and Date Networks$ 750,000 Furnishing and Other Equipment Allowance$ 1,250,000 Equipment Contingency11.90%$ 237,969 Total Estimated Buildout Costs$ 8,000,000 472 of 720 However, before proceeding further, the Commission needs to direct staff as to which option to pursue as there are very different short-term and long-term operational and fiscal impacts of each option.  Lease the space with a possible option to purchase it at a later date or  Acquire the space in the building at this time; the least costly option initially and over time. The operational and fiscal impacts are outlined below. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES There is no question that the Boynton Beach Police Department needs a new facility as the current location is woefully undersized and inefficient. As a result, the opportunity to serve our citizens in the most efficient and effective manner possible is compromised. As a result, staff undertook an extensive and diverse level of collaborated analysis of the proposal in order to ensure that the Commission is making the most informed choice possible to select the facility and its design that meets the needs of the programs and services provided by the Police Department without compromising required security. The following paragraphs (a) Describe the background of our current facility; (b) Provide examples of the current conditions we face serving the public, and (c) Outline the need for a new facility. These are followed by a number of security concerns. Background of the Current Facility Our current Police Department headquarters was not designed with today’s public safety mission in mind. Today, we are much more focused on  Customer service,  Victim’s rights,  Confidentiality,  Security and  Accessibility. This was not the case in the mid-1980s when our current facility was designed. Two decades ago, we were a “police force.” Today, we are much more service-oriented. The facility from which we currently operate reflects an archaic view of our role within the community. 473 of 720 Examples of Current Conditions Lack of Confidentiality - Imagine if you were the victim of a violent crime and had to be walked through an unfamiliar Police Department, in front of several strangers, to get to a safe place in order to speak with an officer. That’s what happens now, because our current facility lacks confidential interview rooms immediately off of our lobby. Limited Public Access - Our victim advocate’s office is located within a secure area of the Department, hindering free access to members of the public who wish to seek assistance regarding issues such as domestic violence, stalking, elderly abuse, and sexual offenses. Residents with diminished hearing capacity must converse with records personnel through thick bulletproof glass to obtain a copy of a police report. Inadequate and Inefficient Space - Our detectives currently have a difficult time speaking to victims and witnesses on the telephone if the detective next to them is also on the phone. These highly skilled investigative personnel are literally working within arm’s reach of one another. This only complicates an already arduous policing responsibility. We also have personnel working out of converted closets, and personnel with special skills and equipment are housed in make-shift offices throughout the City. There are operational and safety reasons for each of these inhibitors…and for countless others omitted for the sake of brevity. These are but a few serious challenges we seek to remedy through our move to a new police facility. Need for a New Facility A newly-designed police headquarters will literally break down barriers for communication. It will allow us to provide a storefront for residents who wish to stop in to their Police Department to report information, seek advice, pick up a report or request a service. It goes without saying that a new police facility will aid us from an operational standpoint as well. A new police facility will allow us to reestablish ourselves as a unified organization. Planning will become easier, personnel will be more accountable to their supervisors, and the overall efficiency of our collective efforts will improve. Most importantly, a new police facility will enhance our ability to partner with our community and provide service unencumbered by infrastructure constraints. Security There are several areas of concern regarding security at Renaissance Commons related to the Police Department operations. The Commission needs to recognize, discuss and present suggestions to mitigate or minimize these challenges prior to moving forward with a formal lease or purchase agreement. Several significant security and related operational complications were noted in our team’s analysis of the Renaissance Commons property. 474 of 720 These security concerns include –  Public access parking garage located within the nucleus of the building.  Parking garage that offers only one point of entrance / exit.  Emergency vehicles must traverse from upper garage levels, through a parking lot and heavy traffic to respond to serious in-progress calls while at the headquarters.  Public storage facility located directly above the proposed police headquarters.  Prisoner / suspect release from custody near a daycare center and a densely populated residential / commercial property. FI: It is important to recognize before comparing the lease vs. acquisition options, ISCAL MPACT that the Commission elected to remove funds from the current budget to pay the debt service in order to minimize any tax rate increase. Lease vs. Purchase - However, given the date under either option, we do not anticipate occupying the building until next fiscal year (FY 2010-2011) at the earliest. Then, it will be the decision of the new City Commission to budget the appropriate funding and resulting tax rate impact. It is only for that reason that staff has provided the option to “Defer action at this time” in order for the new Commission to make the decision. While a 20-year comparative analysis is provided for consideration, the budget and tax rate impact for the next three years is important given the current and near-term economic environment. In summary,  It is less expensive to finance and initially purchase the space than it is to lease the space even though the base rent is discounted by 50% in the first year (FY 2010/11) of the lease. Initial two year cost to lease space = $1,893,071 o Initial two year cost to purchase = $ 488,318 (No debt service cost) o Beginning in the third year, the lease option cost vs. purchase is very close o With annual lease increases, leasing is $0.8 ($21.9 - $21.1) million higher over 20 years o  There is no debt service shown for FY 2010/11 or 2011/12 as debt service for those two years will be capitalized and included in the bond issue to pay the debt service.  The financing structure for the build out costs is the same under the lease or purchase option as noted below for the 20-year cost. To Lease Required SpaceTo Purchase Required Space Common Build Out Total Common Build Out Total Fiscal Year Purchase Base RentArea Debt Estimated Area Debt Estimated Debt Service Maint.ServicecostMaint.Servicecost 2010 - $ 468,251$ 244,159$ - $ 712,410$ -$ 244,159$ -$ 244,159 2011Approximate Millage >> 0.2170Approximate Millage >> 0.0700 2011 - $ 936,502$ 244,159$ - $ 1,180,661$ -$ 244,159$ -$ 244,159 2012Approximate Millage >> 0.3600Approximate Millage >> 0.0700 2012 - $ 955,232$ 249,043$ 743,163$ 1,947,438$ 1,093,950$ 249,043$ 743,163$ 2,086,156 2013Approximate Millage >> 0.5900Approximate Millage >> 0.6300 20 Years $ $ 21.9$ 5.8$ 14.2 $ 41.9$ 21.1$ 5.8$ 14.2$ 41.1 = Millions The approximate millage increase needed to support either alternative is noted above and assumes an approximate 15% reduction in assessed valuation as of December 31, 2009 that becomes the basis for FY 2010-2011 property taxes. 475 of 720 Comparison to Stand Alone Building: The total cost of the proposed space in Renaissance Commons is summarized as follows. $ 12.0 million - Purchase of shell space $ 8.0 million - Buildout of shell space and furnishings, equipment and special equipment $ 20.0 million The comparative cost in a stand alone facility and garage designed according to security needs and constructed on City land follows: $ 23.6 million – Design and construction of required space to include garage $ 2.0 million – Furnishings and special equipment $ 26.6 million $3.1 million of the $6.6 million cost differential is the need to construct a garage plus the added space required to house the common area of the stand alone facility. A: Defer project LTERNATIVES 476 of 720 477 of 720 478 of 720 479 of 720 480 of 720 481 of 720 482 of 720 483 of 720 484 of 720 485 of 720 486 of 720 487 of 720 488 of 720 489 of 720 490 of 720 491 of 720 492 of 720 493 of 720 494 of 720 495 of 720 496 of 720 497 of 720 498 of 720 499 of 720 500 of 720 501 of 720 502 of 720 503 of 720 504 of 720 505 of 720 506 of 720 507 of 720 508 of 720 509 of 720 510 of 720 511 of 720 512 of 720 513 of 720 514 of 720 515 of 720 516 of 720 517 of 720 518 of 720 519 of 720 520 of 720 521 of 720 522 of 720 523 of 720 524 of 720 525 of 720 526 of 720 527 of 720 528 of 720 529 of 720 530 of 720 531 of 720 532 of 720 533 of 720 534 of 720 535 of 720 536 of 720 537 of 720 538 of 720 539 of 720 13. A LEGAL January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-005 -- FIRST EQUESTED CTION BY ITY OMMISSION READING -- Amending and restating Article III, Chapter 18 of Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund. ER: The Board of Trustees of the Police Officers’ Pension Trust Fund XPLANATION OF EQUEST has approved and is recommending that the City Commission approve an amendment and restatement to the Pension Plan Ordinance. The amended Ordinance incorporates  Revisions to the Federal Law for the Federal Heroes Earnings Assistance and Relief Tax (“HEART”) Act of 2008 and  Changes to the State law enacted by Chapter 2009-97 (CS/SB538). Modifications to the Ordinance Section (to include the Page number of the attached restated Ordinance) are summarized as follows. Section 18-165. Definitions 3. Compensation has been modified to include differential wages for active duty military service pursuant to HEART (Page 5). 4.c.(3) Creditable service or credited service has been modified to provide service for members who die or become disabled while on active duty 540 of 720 military service pursuant to HEART. (Pages 8 & 9) Section 18-166. Board of Trustees Created A. Term of the Trustees has been modified to allow the expansion of the trustee terms from two years to four years pursuant to Florida Statutes §185.05(1)(a). These expanded terms are effective for terms beginning after the effective date of the Ordinance. (Pages 12 & 13) Section 18-167. Powers of the Board of Trustees E. A new section has been added to require divesture from “scrutinized companies” pursuant to Florida Statutes §185.06(7). (Pages 18 & 19) Section 18-169. Requirements for Retirement - Benefit Amounts C.5.d. Disability Exclusions has been modified to make an exception to the disability exclusions for individuals injured while on active duty pursuant to HEART. (Page 26) Section 18-170. Optional Forms of Benefits C. This section has been modified to allow retirees to make up to two (2) beneficiary changes after retirement benefits commence, pursuant to Florida Statutes §185.161(1)(c) and providing the member will be responsible for the cost of any recalculations as a result of any changes. (Pages 35 – 37) Section 18-172. Buy Back of Service B. Prior police officer service has been modified to clarify that members can purchase prior federal police services pursuant to Florida Statutes §185.02(5). (Page 40) Section 18-174. Miscellaneous D. Rights and Benefits Not Subject to Legal Process has been modified to allow for payments to third parties for insurance premiums at the request of retirees pursuant to Florida Statutes §185.05(6). (Page 50) Section 18-176. Termination of plan and distribution of Fund A.-E. The Fund apportionment and distribution procedures have been modified to comply with §185.37 providing for termination of a pension plan should that ever arise. (Pages 64-67) H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: In the opinion of the Pension Plan’s actuary, the amendment will have no ISCAL MPACT actuarial impact on the Plan. A: Not approve the amendment and restatement to the Pension Plan Ordinance. LTERNATIVES 541 of 720 542 of 720 543 of 720 544 of 720 545 of 720 546 of 720 547 of 720 548 of 720 549 of 720 550 of 720 551 of 720 552 of 720 553 of 720 554 of 720 555 of 720 556 of 720 557 of 720 558 of 720 559 of 720 560 of 720 561 of 720 562 of 720 563 of 720 564 of 720 565 of 720 566 of 720 567 of 720 568 of 720 569 of 720 570 of 720 571 of 720 572 of 720 573 of 720 574 of 720 575 of 720 576 of 720 577 of 720 578 of 720 579 of 720 580 of 720 581 of 720 582 of 720 583 of 720 584 of 720 585 of 720 586 of 720 587 of 720 588 of 720 589 of 720 590 of 720 591 of 720 592 of 720 593 of 720 594 of 720 595 of 720 596 of 720 597 of 720 598 of 720 599 of 720 600 of 720 601 of 720 602 of 720 603 of 720 604 of 720 605 of 720 606 of 720 607 of 720 608 of 720 609 of 720 610 of 720 611 of 720 612 of 720 13. B LEGAL January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE NO. 09-044 -- SECOND EQUESTED CTION BY ITY OMMISSION READING -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5.L., changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation. Applicant:: City-initiated. Request for Reconsideration by Commissioner Ross of Ordinance 09-044 which was adopted on second reading on December 1, 2009. TABLED on January 5, 2010. ER: Request to amend the Land Development Regulations for IPUD XPLANATION OF EQUEST Zoning District-Marine-Oriented & Water Dependent Uses, CDRV 09-008. The City Commission approved the item on First Reading on November 17, 2009, accepting a staff recommendation for changes/additions to the proposed regulations regarding the “Preferred” marina siting zone, a minimum lot width standard, outdoor display of boats, and limited provisions for residing on boats. The ordinance has been modified to include changes discussed on First Reading. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Proposed amendments may increase the tax base through increasing the ISCAL MPACT development potential of vacant or underutilized property. A:. Not approve or approve with changes LTERNATIVES 613 of 720 ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 “ZONING”, SECTION 5L CHANGING THE INTENT SECTION TO PROMOTE WATER ACCESS AND RECREATIONAL OPPORTUNITIES WITH ACCOMMODATION OF USES INCLUDING MARINE- ORIENTED AND WATER-DEPENDENT USES, AND ESTABLISHMENT OF DEVELOPMENT REGULATIONS FOR IMPLEMENTATION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the Development Department has made recommendations to amend the Land Development Regulations changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation; and WHEREAS, the City Commission has considered those recommendations and finds that those amendments will be an improvement to the IPUD zoning district and corridor, and mechanism to promoting desirable development activity and growth in the City’s tax base. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and confirmed by the City Commission. Section 2. Sub-sections L of Section 5 of Chapter 2 of the Land Development Regulations is amend as follows: L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 2.5 of the Land Development Regulations. 1. Intent and expectations. a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the Federal Highway Corridor Community Redevelopment Plan, Study Areas I and V. A mixture of uses including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will 614 of 720 result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. This district is also intended to promote water access and recreational opportunities with accommodations of uses including marine-oriented and water dependent uses in both mixed-use developments and limited single-use projects. b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above-stated planning expectations are met in the proposed development plan. c. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval any limitation condition, or design factor that will provide a reasonable transition to adjacent development. d. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Further, it must be an enhancement to the local area and the city in general. Presentation of projects that fail to do so will be denied. e. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city decides to reject those features. 2. Application process. a. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10, of the Land Development Regulations. b. When the IPUD is to be developed in a single phase, the site plan for the development may also represent the master plan. c. The entire property proposed for development as an IPUD shall be under common ownership or unified control, so as to ensure unified development. 3. Development standards. Minimum lot area: 1 acre* Maximum lot area: 5 acres Minimum lot frontage:None, except for private marinas* Maximum height: 45 feet (lesser height may be required for compatibility with adjacent development) Maximum lot coverage 50% (building): Maximum density: Determined by land use 10.8 du/ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified Special High Density Residential Minimum usable open 200 square feet space per dwelling unit: 615 of 720 Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD.** Private marinas as a principal use * Single marine-oriented and water dependent uses require a a minimum lot frontage of 150 feet and minimum average width minimum lot area of four (4) acres, of 200 feet . ** Also see “4.h.” below for additional requirements. 4. Additional standards. a. Building design elements. (1) Massing. The proportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding area. (2) Materials. A variety of materials must be utilized to provide visual interest to the buildings. Colors and materials must be selected for compatibility with the site and the neighboring area. The exterior building design must be coordinated on all elevations with regard to color, materials, architectural form, and detailing to achieve design harmony and continuity. (3) Articulation. Well-articulated buildings and architectural interest and variety to the massing of a building and help break up the monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incorporating the use of vertical and/or horizontal reveals, step backs, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow line and break up flat surface areas. (4) Overall design. Design of the project shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adjacent to the site as an element in the overall design. b. Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening must shield neighboring properties from any adverse effects of the proposed development. (3) Screening and buffering must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. c. Pedestrian circulation. (1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. (2)In all cases, pedestrian access shall be provided to public walkways. (3) Pedestrian circulation design shall promote interconnectivity within and between land uses to discourage unnecessary use of the automobile and reduce vehicle miles traveled. d. Usable open space. (1) Shall be required for residential development projects and mixed-use residential projects; (2) Shall include active or passive recreational space; (3) Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures; (4) Shall be designed to be available and accessible to every dwelling unit proposed; (5) Shall, where feasible, be centrally located in the development; and (6) Shall not include private courtyards natural areas and water bodies. 616 of 720 e. Trash collection. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently accessible to their users and collectors. (3) Dumpsters or trash containers shall not be located within setbacks abutting single- family residential developments. f. Mixed land uses. (1) Within the IPUD district, mixed land uses may be proposed. (2) Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan. (3) Such development must be found compatible with adjacent uses and established design characteristics. (4) Any commercial uses shall be small-scale retail and services, primarily to serve the residents of the IPUD, and not the public in general, except for uses qualifying under “4.g.” below accruing . (5) Any commercial uses must front on the arterial roadway or on an access wholly contained within the project with neither entrance nor exit on or visible from or disruptive to adjacent properties, streets, and rights-of-way. g. Marine-oriented and water dependent uses. (1) Within the IPUD district, uses shall be encouraged that increase water access and recreational opportunities to the community, so as to support a mix of uses, water access and minimized travel distances. (2) In addition to adherence to the other development regulations and compatibility language contained within the entire IPUD section of the code, any marine-oriented or water dependent use shall also conform to the requirements listed herein. (3) Principal land uses may include boat and yacht clubs, and private or public marinas contingent upon being located within an area identified with the (see Part III, Chapter 1, Definitions) “Preferred” siting designation by the 2007 Palm Beach County Manatee Protection Plan. However major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure except as otherwise allowed by paragraph #6 below . The above noted principal uses, when combined with residential uses, in which the residential component occupies 25% or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (4) Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary stays shall be allowed for a maximum of 3 nights within a 12-month period. (4) The following uses shall be allowed as accessory to one of the principal marine uses described above: boat brokerages, ship’s stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. (5) Marine-oriented and water dependent uses shall meet all requirements of subsection “4.f.” above, with the exception of “4.f.(4)”. (6) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are allowed for sales purposes as long as the boats are restricted to ground level display, are not visible from abutting rights-of-way or residential properties, and are not placed within landscape areas or required parking spaces. (7) Wash down and other post-use servicing shall be done within the dry storage building or within an enclosed structure (i.e. three-sided and roofed) designed and oriented to minimize external impacts. 617 of 720 (8) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling. (9) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site. (10) In addition to adhering to the City’s sound regulations, no equipment, machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential neighborhood. (11) Additional design regulations for commercial buildings and boat storage facilities. (a) Architectural integration shall be encouraged through the choice of building materials, architectural style, extensive use of windows, and choice of soft, muted colors. (b) All buildings shall incorporate 360° architecture, a variety of massing and building heights, and stepping roof lines. (c) The use of standardized "corporate" architectural styles associated with chain-type businesses is prohibited. (d) To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with residential character, unless a superior, non-residential design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. (e) All building facades shall include a repeating pattern that shall include no less than three (3) of the following elements: color change, texture change, material module change, or a change in plane of at least two (2) feet in depth. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically, unless a superior design can be demonstrated at greater intervals. Recesses and projections shall be from finished grade to roofline, and be a minimum of 10 feet in width. (f) As an alternative to the required façade offsets noted above, decorative and substantive roofline changes, when coupled with correspondingly aligned façade material changes, may substitute. (g) A minimum of two different types of building materials shall be used, with a 70 percent-30 percent ratio. A change in stucco or use of windows will not count toward meeting this requirement. (h) Articulation in parapet wall shall be required with a minimum of five (5) feet for front and side facades, and any façade oriented towards a street; and, two and one half (2½) feet for rear facades. (i) Parapet walls shall feature three dimensional cornice treatment, to provide a finished look from any angle. Additionally, a parapet return is required with a length equal to or exceeding the required parapet articulation. (j) All customer entrances to the building shall be the focal point of design. Architectural elements shall include some combination of the following improvements: pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings. 618 of 720 (k) On any retail or office building within a marine-oriented or water dependent project, or any portion of a building devoted to such use, windows shall be of pedestrian scale, recessed and vision glass without obstruction. (l) On any retail or office building within a marine-oriented or water dependent project, on any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of vision glass is required for each one (1) lineal foot of facade. (m) On any retail or office building within a marine-oriented or water dependent project, on any other facade facing a public street, a minimum of 0.8 square foot of vision glass is required for each one (1) foot. (n) Landscaping above and beyond the regulations cited elsewhere in this code shall be required for all non-residential buildings in excess of 40,000 square feet, in order to reduce the perceived scale and massing of such buildings. (o) The width of the foundation planting areas visible from streets or residential properties shall be 50 percent of the facade height. The applicant may submit an alternate planting plan that depicts the required screening/softening of the large building facades, however in no instance shall the planting area be less than 12 feet in width. (p) The height of the plant material shall be in relation to the height of the adjacent facade or wall. Further, the height of 50 percent of the required trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3) palm trees shall be installed within the foundation planting area every 20 feet on center along each façade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire façade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the rearrangement of plant material in order not to interfere with required building enhances discussed herein. (q) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts; or where there are differences in density, intensity, or building heights or mass; or for those certain uses requiring additional screening in order to shield outdoor storage or operations. The barrier shall consist of a decorative buffer wall of at least six (6) feet in height, in addition to a variety of densely planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a berm may be required in addition to the above regulations. (r) The applicant shall demonstrate through site design and buffering how sound associated with the non-residential components of the project will be mitigated. h. Compatibility with surrounding development. (1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose, elevations and cross-sections showing adjacent structures shall be included with the site plan application. (2) If vegetation, screening or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the following two requirements: 619 of 720 a. Any IPUD located adjacent to an existing single-family residential development(s) must locate structures of the same unit type or height allowed by the adjacent zoning district(s), with the exception of a use approved in accordance with subsection “4.g.” above. b. Structures on the perimeter of an IPUD project, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) in height for the perimeter structures that exceed thirty (30) feet. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. (3) If an IPUD is located with frontage on the Intercoastal Waterway, conditions of approval shall include a deed restriction requiring that any dockage built will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. i. Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the city's Land Development Regulations. However, in no case shall health, safety and/or welfare be jeopardized. (2) Roadways providing external connections to the city's street network shall meet all requirements contained in the city's Land Development Regulations. j. Parking. For minimum parking standards and calculations, see Chapter 2, Zoning, Section 11. H. 16.e (10). k. Exterior lighting. Lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. l. Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ___ day of ___________, 2009. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor 620 of 720 ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 621 of 720 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 09-068 Chair and Members TO: Planning & Development Board Michael W. Rumpf FROM: Director of Planning and Zoning October 13, 2009 DATE: Infill Planned Unit Development (IPUD) Zoning District – RE: Marine-oriented & water-dependent uses (CDRV 09-008) Interim amendments to Land Development Regulations NATURE OF REQUEST Staff is proposing interim amendments to the Land Development Regulations (LDR) that correspond with pending Comprehensive Plan text amendments. The intent of the proposed text amendments is to incorporate “surface water” provisions that support greater water access including accommodations for marina uses in the coastal area consistent with the County’s Manatee Protection Plan. The proposed code amendments represent the implementing of land development regulations required by proposed Policies 1.3.1 and 7.11.7. Such amendments incorporate into the Infill Planned Unit Development District (IPUD) use provisions and development standards to guide the addition of certain marine- oriented and water-dependent uses as either mixed-use or limited single-use projects. An excerpt of proposed Policy 1.3.1 reads as follows: The City shall also establish land development regulations that maximize land use compatibility and protect residential neighborhoods from negative impacts of subject uses. The proposed amendments are intended to protect residential neighborhoods from negative impacts through, in part, proper height and setback requirements, appropriate landscaping, and design and operational requirements. BACKGROUND The proposed Comprehensive Plan text amendments were initiated by city staff in July of this year, and approved by the City Commission for transmittal to the Department of Community Affairs (DCA) on st September 1. Said amendments were drafted referencing the general theme of Florida Statutes, Chapter 163.3177(6)(a) to consider manatee protection needs, protection of working waterfronts, public access, and recreation and economic demands within the Comprehensive Plan. Further, the amendments were initiated to support economic development by increasing development options for those properties that are victims of the residential real estate crisis. To encourage both marina and other water-related uses, and particularly to accommodate such uses in a mixed-use setting, the IPUD zoning district was the target of this amendment. The key elements of the proposed Plan and Code amendments include a geographic limitation to those areas identified with the “Preferred” siting category as delineated in Palm Beach County’s Manatee Protection Plan (see proposed Policy 1.3.1), and the proposed development regulations that indicate the 622 of 720 new permitted and conditional uses, and design standards intended to maximize the compatibility of such facilities within the varying land uses characteristic of the City’s waterfront. Although marinas and other water-dependant uses proposed by these amendments are typically allowed in commercial, recreational or even use-specific zoning districts (i.e. “marina” district), the IPUD zoning district is proposed for this amendment, expanding its role as a mixed-use zoning district for the US-1 corridor, and given the proximity of property currently zoned IPUD to the “Preferred” facility siting designation as adopted in the Manatee Protection Plan. Furthermore, the IPUD zoning district is a planned district, and therefore requires the rezoning process and a master plan as part of its development review. The more thorough review and scrutiny facilitated by the rezoning process is necessary to ensure land use compatibility through the case-by-case application of both objective and subjective design standards. PROPOSED AMENDMENTS The proposed use provisions and development standards are intended to facilitate the integration of selected water dependant uses into that limited portion of the coastline identified with the “Preferred” siting designation. The proposed amendments are attached in their entirety hereto (see Exhibit “A”), with selected portions featured or referenced and explained below. The proposed land development regulations are to be incorporated into Part 3, Chapter 2. Zoning, Section 5.L. Infill Planned Unit Development. With respect to site standards, existing code is to remain unchanged with the exception of two footnotes (as underlined) that 1) add a separate minimum lot size standard for single-use projects; and 2) insert a simple reference for a section containing related provisions. Section 3. Development Standards is proposed with the simple additions as follows (see underlined text): 3. Development standards. Minimum lot area: 1 acre* Maximum lot area: 5 acres Maximum height: 45 feet (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (building): 50% Maximum density: Determined by land use 10.8 du/ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified Special High Density Residential Minimum usable open space per dwelling unit: 200 square feet Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD.** * Single marine-oriented and water dependent uses require a minimum lot area of four (4) acres. ** Also see “4.h.” below for additional requirements. The majority of the proposed changes are concentrated in a new Section 4.g, which contains standards and requirements that could be described under five (5) headings: use provisions; operational provisions; building design standards; landscaping/buffering and parking standards. Use Provisions The use provisions are specifically contained within Section 4(g)(3) and (4) which are indicated below: 623 of 720 (3) Principal land uses may include boat and yacht clubs, and private or public marinas (see Part III, Chapter 1, Definitions). However major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure. The above noted principal uses, when combined with residential uses, in which the residential component occupies 25% or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (4) The following uses shall be allowed as accessory to one of the principal marine uses described above: boat brokerages, ship’s stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. The proposed amendment is intended to allow for a range of water-dependent uses with an emphasis on active operations with certain service and other commercial functions being limited to an accessory, and properly regulated role. For example, major boat repairs are not allowed, and sales and minor service functions must occur within an enclosed building to avoid the associated negative aspects such as noise and visual impacts. Operational Provisions The operational standards and provisions are also intended to further minimize noise and visual impacts as well as to promote water quality and conservation. In summary, Section 4(g)(6-10) prohibits any outdoor storage of watercraft; requires post-use servicing to be within the principal building or in an enclosed, or partially enclosed building; requires that pretreatment measures be applied to water used in engine flushing; and promotes the consideration of water recycling or reclamation as part of its service function. Lastly, the operational requirements preclude the use of any outdoor speakers, and restricts the use of equipment that generates noise not typically generated by, and commonly accepted within, a residential neighborhood, to the hours of 8:00 a.m. and 6:00 p.m. The proposed regulations are based, in part, on staff findings from a visit to a modern marina in Deerfield Beach called Marina One. The most noticeable impacts of the operation included sounds generated by the servicing of the boats following use (e.g. engine flushing), and an audible “beeping” sound generated for safety purposes by the heavy boat-lift vehicle while backing up. Design Standards Additional design standards are proposed for application to new marine-oriented and water dependent land uses within the IPUD district. Such standards continue placing the same strong emphasis on land use compatibility as originally written into the IPUD district, with the majority of them specifically intended to optimize residential compatibility, minimize the appearance of bulk and mass, and maximize aesthetic quality. Given the potential size and mass of buildings within a marina or related use, many of the standards are based on the principals of “big box” commercial regulations by precluding large blank walls and the use of minimal materials, and requiring “360 degree architecture”, residential design styles, and the use of both vision (real) glass windows and faux windows. For example, given the possible close proximity to single-family neighborhoods, Section 4.g.11(d) requires large commercial or boat storage buildings to be designed with a residential architectural style and reads as follows: 624 of 720 (d) To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with residential characte, unless a superior, non-residential design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. However, recognizing the importance of flexibility and possible design options, this requirement also allows for an alternative design style which would be reviewed on a case-by-case basis. With respect to the emphasis on avoiding blank walls, Section 4.g.11(b), (d), (e), and (g), all require façade enhancements, whether generally or specifically, and require minimum building materials, muted colors, articulation, repeating patterns, enhanced entrances and real and faux enhancements such as windows, balconies, awnings, and porches. Landscaping Standards Additional landscaping regulations are also proposed, in addition to the screening and buffering requirements currently within the IPUD district. These additional standards are both objective and subjective and require: enhanced landscaping screening and buffering on large projects; landscaping buffer widths and tree sizes to be proportional to the building height; and application of the landscape “barrier” which is the most dense landscaping buffer design as currently defined in the City’s landscaping regulations. The landscape “barrier” is intended to separate land uses with differing intensities. The proposed additional buffering requirements are found in Section 4.g.11(n), (o), (p), and (q). Parking Standards The City’s parking space requirements are within Part III, Chapter 2, Section 11.H.16 of the Land Development Regulations, and Section H.16.e(10) contains the sole parking ratio applicable to marinas; One (1) parking space per boat slip. As this standard is primarily applicable to wet slips and active marinas, and is not sensitive to lower parking requirements of indoor (dry) storage uses as well as other operational components of private marinas, staff proposes to amend and expand Subsection “e(10)” to require the following parking space ratios:  One (1) parking space per five (5) wet or dry storage slips; and  One (1) parking space per 500 square feet of boat showroom. As for the more active and intensive parking users of marinas, requiring at least a 1 per 1 ratio, Subsection “e(11)” of the current regulations will remain unchanged and applies to charter, drift fishing, and sightseeing boats requiring a minimum of one (1) parking space per three (3) seats within a watercraft. Whereas current regulations are tailored more for public, outdoor and/or “working” marinas, the proposed amendments are written to require minimum parking at private marinas containing a combination of principal components such as dry storage, boat sales, and wet slips, and are intended to avoid excessive parking by accounting for operational and use characteristics including accessory components such as meeting or club facilities, supply stores, and office and administrative space. CONCLUSIONS/RECOMMENDATION 625 of 720 Currently, marina uses are allowed within the CBD, C-3 and mixed-use zoning districts; however, dry storage, often a typical component of private marinas, is not allowed within the CBD and mixed use districts. As indicated above, the IPUD district is being targeted for this amendment given its intended application along certain segments of the City’s waterfront, its proximity to the “Preferred” facility siting designations as adopted in the County’s Manatee Protection Plan, the opportunity to combine such uses within a mixed-use setting and/or within a planned (master planned) project, and given the opportunity to increase the development or redevelopment potential of properties that have been affected by the residential real estate crisis. Although compatibility with residential neighborhoods continues to be a priority, it should be noted that the land use characteristics along that portion of the shore designated for marinas is varied and includes a mix of 2 isolated single-family neighborhoods, townhomes, multi-family projects, two public parks (1 with boat ramps), vacant property and spotted commercial uses along US-1 (see Exhibit “B”). Furthermore, an older marina exists in this vicinity, just north of the City’s boundary and abutting The Peninsula project. With the application of the proposed standards and provisions, including all requirements and reviews necessary to maximize compatibility of land uses, staff promotes the subject amendments as an improvement to the IPUD zoning district and corridor, and mechanism to promoting desirable development activity and growth in the City’s tax base. MR Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-008 Water-dependent uses\Staff report - water related uses in IPUD.doc 626 of 720 627 of 720 628 of 720 629 of 720 630 of 720 631 of 720 632 of 720 633 of 720 634 of 720 635 of 720 13. C LEGAL January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE NO. 09-048 -- SECOND EQUESTED CTION BY ITY OMMISSION READING - Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private marinas including dry boat storage. This amendment is in conjunction with the related amendments to the IPUD zoning district for marine-oriented and water-dependant uses, as processed by Ordinance 09- 044. TABLED on January 5, 2010. ER: Staff memorandum No. 09-068 is attached (less the exhibits which XPLANATION OF EQUEST do not relate to the proposed parking amendments) describe the proposed amendments in association with the pending changes to the IPUD zoning district (CDRV 09-008). The staff report describes the parking requirements that would correspond with the private marinas and dry storage uses to be accommodated by Ordinance 09-044. The accompanying amendments to the City’s parking standards affect a separate section of Chapter 2. Zoning, and therefore are codified by a separate ordinance. Current parking standards only apply to more intensive and active marinas limited to wet slips intended to accommodate commercial vessels used for drift fishing, sightseeing, diving, or for rent or charter. The proposed changes would accommodate the less-intensive, private marinas with dry storage, wet slips primarily used for temporary storage of boats, and sales showrooms. The proposed changes would insert the following ratios into the City’s parking requirements, as applicable to private marinas that exclude commercial vessels and related businesses: - One (1) parking space per five (5) wet or dry storage slips; and 636 of 720 - One (1) parking space per 500 square feet of boat showroom The Planning & Development Board and City Commission first reviewed these proposed changes in October and November, as part of their review of the greater amendments to the IPUD district regulations. The Board forwards them to the Commission with a recommendation of approval. The subject amendments are city-initiated, and are therefore supported by city staff. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Possible benefit to property tax base with the ultimate development of vacant, ISCAL MPACT under-utilized, or inactive property. A: Not approve or approved with changes. LTERNATIVES 637 of 720 ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2 “ZONING”, SECTION 11.H.16.e(10) OF THE CITY OF BOYNTON BEACH LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR PARKING REQUIREMENTS FOR MARINAS THAT DO NOT HAVE COMMERCIAL VESSELS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the Development Department has made recommendations to amend the Land Development Regulations to provide for parking requirements for marinas that do not have commercial vessels; and WHEREAS, the City Commission has considered the recommendations and finds that the amendments will be an improvement to the IPUD zoning district and corridor, and provide the ability for non-commercial marinas to provide services to the public. WHEREAS, the City Commission finds that the proposed amendment is in the best interests of the public’s health, safety, and welfare, and provides a mechanism to promoting desirable development activity and growth in the City’s tax base. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and confirmed by the City Commission. Section 2. That Chapter 2, “Zoning”, Section 11.H.16.e(10) of the City of Boynton Beach Land Development Regulations is hereby amended to read as follows: (10) Marinas: One (1) parking space per boat slip, plus required parking spaces for any other principal uses, including hotels and motels, restaurants, retail floor area, Charter boats, sightseeing boats, drift fishing boats, and outdoor lots occupied by boats for sale or for rent. Marinas without commercial vessels: One (1) parking space per five (5) wet or dry storage slips, and one (1) parking space per 500 square feet of boat sales showroom. 638 of 720 Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ___ day of ___________, 2009. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 639 of 720 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ09-068 Chair and Members TO: Planning & Development Board Michael W. Rumpf FROM: Director of Planning and Zoning October 13, 2009 DATE: Infill Planned Unit Development (IPUD) Zoning District – RE: Marine-oriented & water-dependent uses (CDRV 09-008) Interim amendments to Land Development Regulations NATURE OF REQUEST Staff is proposing interim amendments to the Land Development Regulations (LDR) that correspond with pending Comprehensive Plan text amendments. The intent of the proposed text amendments is to incorporate “surface water” provisions that support greater water access including accommodations for marina uses in the coastal area consistent with the County’s Manatee Protection Plan. The proposed code amendments represent the implementing of land development regulations required by proposed Policies 1.3.1 and 7.11.7. Such amendments incorporate into the Infill Planned Unit Development District (IPUD) use provisions and development standards to guide the addition of certain marine- oriented and water-dependent uses as either mixed-use or limited single-use projects. An excerpt of proposed Policy 1.3.1 reads as follows: The City shall also establish land development regulations that maximize land use compatibility and protect residential neighborhoods from negative impacts of subject uses. The proposed amendments are intended to protect residential neighborhoods from negative impacts through, in part, proper height and setback requirements, appropriate landscaping, and design and operational requirements. BACKGROUND The proposed Comprehensive Plan text amendments were initiated by city staff in July of this year, and approved by the City Commission for transmittal to the Department of Community Affairs (DCA) on st September 1. Said amendments were drafted referencing the general theme of Florida Statutes, Chapter 163.3177(6)(a) to consider manatee protection needs, protection of working waterfronts, public access, and recreation and economic demands within the Comprehensive Plan. Further, the amendments were initiated to support economic development by increasing development options for those properties that are victims of the residential real estate crisis. To encourage both marina and other water-related uses, and particularly to accommodate such uses in a mixed-use setting, the IPUD zoning district was the target of this amendment. The key elements of the proposed Plan and Code amendments include a geographic limitation to those areas identified with the “Preferred” siting category as delineated in Palm Beach County’s Manatee Protection Plan (see proposed Policy 1.3.1), and the proposed development regulations that indicate the 640 of 720 new permitted and conditional uses, and design standards intended to maximize the compatibility of such facilities within the varying land uses characteristic of the City’s waterfront. Although marinas and other water-dependant uses proposed by these amendments are typically allowed in commercial, recreational or even use-specific zoning districts (i.e. “marina” district), the IPUD zoning district is proposed for this amendment, expanding its role as a mixed-use zoning district for the US-1 corridor, and given the proximity of property currently zoned IPUD to the “Preferred” facility siting designation as adopted in the Manatee Protection Plan. Furthermore, the IPUD zoning district is a planned district, and therefore requires the rezoning process and a master plan as part of its development review. The more thorough review and scrutiny facilitated by the rezoning process is necessary to ensure land use compatibility through the case-by-case application of both objective and subjective design standards. PROPOSED AMENDMENTS The proposed use provisions and development standards are intended to facilitate the integration of selected water dependant uses into that limited portion of the coastline identified with the “Preferred” siting designation. The proposed amendments are attached in their entirety hereto (see Exhibit “A”), with selected portions featured or referenced and explained below. The proposed land development regulations are to be incorporated into Part 3, Chapter 2. Zoning, Section 5.L. Infill Planned Unit Development. With respect to site standards, existing code is to remain unchanged with the exception of two footnotes (as underlined) that 1) add a separate minimum lot size standard for single-use projects; and 2) insert a simple reference for a section containing related provisions. Section 3. Development Standards is proposed with the simple additions as follows (see underlined text): 3. Development standards. Minimum lot area: 1 acre* Maximum lot area: 5 acres Maximum height: 45 feet (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (building): 50% Maximum density: Determined by land use 10.8 du/ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified Special High Density Residential Minimum usable open space per dwelling unit: 200 square feet Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD.** * Single marine-oriented and water dependent uses require a minimum lot area of four (4) acres. ** Also see “4.h.” below for additional requirements. The majority of the proposed changes are concentrated in a new Section 4.g, which contains standards and requirements that could be described under five (5) headings: use provisions; operational provisions; building design standards; landscaping/buffering and parking standards. Use Provisions The use provisions are specifically contained within Section 4(g)(3) and (4) which are indicated below: 641 of 720 (3) Principal land uses may include boat and yacht clubs, and private or public marinas (see Part III, Chapter 1, Definitions). However major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure. The above noted principal uses, when combined with residential uses, in which the residential component occupies 25% or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (4) The following uses shall be allowed as accessory to one of the principal marine uses described above: boat brokerages, ship’s stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. The proposed amendment is intended to allow for a range of water-dependent uses with an emphasis on active operations with certain service and other commercial functions being limited to an accessory, and properly regulated role. For example, major boat repairs are not allowed, and sales and minor service functions must occur within an enclosed building to avoid the associated negative aspects such as noise and visual impacts. Operational Provisions The operational standards and provisions are also intended to further minimize noise and visual impacts as well as to promote water quality and conservation. In summary, Section 4(g)(6-10) prohibits any outdoor storage of watercraft; requires post-use servicing to be within the principal building or in an enclosed, or partially enclosed building; requires that pretreatment measures be applied to water used in engine flushing; and promotes the consideration of water recycling or reclamation as part of its service function. Lastly, the operational requirements preclude the use of any outdoor speakers, and restricts the use of equipment that generates noise not typically generated by, and commonly accepted within, a residential neighborhood, to the hours of 8:00 a.m. and 6:00 p.m. The proposed regulations are based, in part, on staff findings from a visit to a modern marina in Deerfield Beach called Marina One. The most noticeable impacts of the operation included sounds generated by the servicing of the boats following use (e.g. engine flushing), and an audible “beeping” sound generated for safety purposes by the heavy boat-lift vehicle while backing up. Design Standards Additional design standards are proposed for application to new marine-oriented and water dependent land uses within the IPUD district. Such standards continue placing the same strong emphasis on land use compatibility as originally written into the IPUD district, with the majority of them specifically intended to optimize residential compatibility, minimize the appearance of bulk and mass, and maximize aesthetic quality. Given the potential size and mass of buildings within a marina or related use, many of the standards are based on the principals of “big box” commercial regulations by precluding large blank walls and the use of minimal materials, and requiring “360 degree architecture”, residential design styles, and the use of both vision (real) glass windows and faux windows. For example, given the possible close proximity to single-family neighborhoods, Section 4.g.11(d) requires large commercial or boat storage buildings to be designed with a residential architectural style and reads as follows: 642 of 720 (d) To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with residential characte, unless a superior, non-residential design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. However, recognizing the importance of flexibility and possible design options, this requirement also allows for an alternative design style which would be reviewed on a case-by-case basis. With respect to the emphasis on avoiding blank walls, Section 4.g.11(b), (d), (e), and (g), all require façade enhancements, whether generally or specifically, and require minimum building materials, muted colors, articulation, repeating patterns, enhanced entrances and real and faux enhancements such as windows, balconies, awnings, and porches. Landscaping Standards Additional landscaping regulations are also proposed, in addition to the screening and buffering requirements currently within the IPUD district. These additional standards are both objective and subjective and require: enhanced landscaping screening and buffering on large projects; landscaping buffer widths and tree sizes to be proportional to the building height; and application of the landscape “barrier” which is the most dense landscaping buffer design as currently defined in the City’s landscaping regulations. The landscape “barrier” is intended to separate land uses with differing intensities. The proposed additional buffering requirements are found in Section 4.g.11(n), (o), (p), and (q). Parking Standards The City’s parking space requirements are within Part III, Chapter 2, Section 11.H.16 of the Land Development Regulations, and Section H.16.e(10) contains the sole parking ratio applicable to marinas; One (1) parking space per boat slip. As this standard is primarily applicable to wet slips and active marinas, and is not sensitive to lower parking requirements of indoor (dry) storage uses as well as other operational components of private marinas, staff proposes to amend and expand Subsection “e(10)” to require the following parking space ratios:  One (1) parking space per five (5) wet or dry storage slips; and  One (1) parking space per 500 square feet of boat showroom. As for the more active and intensive parking users of marinas, requiring at least a 1 per 1 ratio, Subsection “e(11)” of the current regulations will remain unchanged and applies to charter, drift fishing, and sightseeing boats requiring a minimum of one (1) parking space per three (3) seats within a watercraft. Whereas current regulations are tailored more for public, outdoor and/or “working” marinas, the proposed amendments are written to require minimum parking at private marinas containing a combination of principal components such as dry storage, boat sales, and wet slips, and are intended to avoid excessive parking by accounting for operational and use characteristics including accessory components such as meeting or club facilities, supply stores, and office and administrative space. CONCLUSIONS/RECOMMENDATION 643 of 720 Currently, marina uses are allowed within the CBD, C-3 and mixed-use zoning districts; however, dry storage, often a typical component of private marinas, is not allowed within the CBD and mixed use districts. As indicated above, the IPUD district is being targeted for this amendment given its intended application along certain segments of the City’s waterfront, its proximity to the “Preferred” facility siting designations as adopted in the County’s Manatee Protection Plan, the opportunity to combine such uses within a mixed-use setting and/or within a planned (master planned) project, and given the opportunity to increase the development or redevelopment potential of properties that have been affected by the residential real estate crisis. Although compatibility with residential neighborhoods continues to be a priority, it should be noted that the land use characteristics along that portion of the shore designated for marinas is varied and includes a mix of 2 isolated single-family neighborhoods, townhomes, multi-family projects, two public parks (1 with boat ramps), vacant property and spotted commercial uses along US-1 (see Exhibit “B”). Furthermore, an older marina exists in this vicinity, just north of the City’s boundary and abutting The Peninsula project. With the application of the proposed standards and provisions, including all requirements and reviews necessary to maximize compatibility of land uses, staff promotes the subject amendments as an improvement to the IPUD zoning district and corridor, and mechanism to promoting desirable development activity and growth in the City’s tax base. MR Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-008 Water-dependent uses\Staff report - water related uses in IPUD.doc 644 of 720 13. D LEGAL January 19, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-002 -- SECOND EQUESTED CTION BY ITY OMMISSION READING -- Approve changes to the Sewer Use Ordinances as per the revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach. The first reading of these ordinance modifications was approved at the January 5, 2010 Commission meeting. ER: The first reading of the changes to the Sewer Use Ordinances was XPLANATION OF EQUEST approved at the January 5, 2010 Commission meeting. A second reading of these changes is required prior to publication of the amended ordinances. The requisite amendments are summarized as follows: 645 of 720 Section of Industrial Waste and FDEP Regulation Requiring City Code SectionSummary of AmendmentPretreatment Agreement Requiring Amendment Amendment Section 26-115 (pg.3; pg.11)add definition for "TTO"Section 4 (pg.8)40 CFR 403 remove rule for water containing ammonia Section 26-143 (r.)Section 11. B) 340 CFR 403 remove rule for water containing Section 26-147(b)(1)c.ammoniaSection 11. B) 340 CFR 403 correct tabled values for calculation Section 26-162(2)(c)(1)of sewer dischargeSection 10. D)(16), D)(17), D)(18)40 CFR 403 1 Rule 62-625.500(2)(a), F.A.C. and add FDEP required language via 2 Section 26-169 (intro)intro paragraphN/ASection 10.4 of the Model Ordinance correct referenced sections and add Rule 62-625.400(1)(b), F.A.C. and FDEP required languageSection 13.2 of the Model Ordinance Section 26-172N/A make FDEP required language Rule 62-625.600(6)(b), F.A.C and revisions to (d)Section 6.8 of the Model Ordinance Section 26-177(d)N/A 1 - Florida Administrative Code 2 - Model Ordinance refers to the 1992 Model Pretreatment Ordinance (EPA 833-B-92-003) prepared by the U.S. EPA Office of Wastewater Enforcement and Compliance, Permits Division. A copy of the model ordinance can be found in the State of Florida Guidance Manual for Pretreatment Programs. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Do not amend the City’s Ordinance. However, this will create confusion and LTERNATIVES possible violations due to outdated pretreatment limits. 646 of 720 ORDINANCE NO. O10-___ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES, ARTICLE IV, SEWERS AMENDING DIVISION 4. INDUSTRIAL AND COMMERCIAL WASTE TO INCORPORATE THE NEW REQUIREMENTS CONTAINED IN THE REVISED INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT TO COMPLY WITH FDEP REQUIREMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on November 3, 2009, the City of Boynton Beach approved a revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach; and WHEREAS, the Florida Department of Environmental Protection requires that these new limits/requirements contained in the revised Industrial Waste and Pretreatment Agreement be incorporated in the City’s Code of Ordinances; and WHEREAS , the City Commission of the City of Boynton Beach, Florida has determined that it is in the best interests of the citizens and residents of the City to amend Division 4 of Chapter 26, clarifying certain subdivisions and bringing others into compliance pursuant to the revised Industrial Waste and Pretreatment Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 26, Article IV, Sewers, Division 4 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: CHAPTER 26: WATER, SEWERS AND CITY UTILITIES SECTION 4. INDUSTRIAL AND COMMERCIAL WASTE … 26.115 Definitions 647 of 720 The following abbreviations, when used in this ordinance, shall have the designated meanings: BOD Biochemical Oxygen Demand CFR Code of Federal Regulations COD Chemical Oxygen Demand DEP Department of Environmental Protection EPA United States Environmental Protection Agency FAC Florida Administrative Code gpd gallons per day mg/l milligrams per liter NPDES National Pollutant Discharge Elimination System POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIC Standard Industrial Classification TSS Total Suspended Solids TTO Total Toxic Organics USC United States Code WWF Wastewater Facility For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with 40 CFR 403, as amended. "Act" and "The Act". The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq. “Approval Authority”. The Florida Department of Environmental Protection. "Authorized Representative of the User". (1)If the user is a corporation: a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or b. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2)If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3)If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. 648 of 720 (4)The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. "Board". The South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities. "Board (WWF)". The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. "B.O.D. (Denoting Biochemical Oxygen Demand)" The quantity of oxygen utilized in the biochemical o oxidation of organic matter under standard laboratory procedures for five (5) days at 20centigrade, usually expressed as a concentration (e.g., mg/l). “Building Sewer". Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the WWF. "Categorical Pretreatment Standard” or “Categorical Standard". Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. "Chemical Oxygen Demand (C.O.D.)". A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. "City". The City of Boynton Beach; all that land and water area included within the boundaries of the "City" in which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerage facilities, except as follows: (1)All state and federally owned land and water area located in the city or county, except where the state and federal government consent to the provisions of this chapter. (2)All land and water area duly franchised by the city or county to privately owned sewer utility companies for the provisions of sewer service, except where the privately owned sewer utility companies consent to the provisions of this chapter. "Collection System". The system of public sewers to be operated by the city and connected to the WWF facilities. "Compatible Pollutant". A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the wastewater facility was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. "Composite Sample". A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. 649 of 720 "Cooling Water". The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. "Direct Discharge". The discharge of treated or untreated wastewater directly to the waters of the State of Florida. "Director of Utilities, Utilities Director, or Director". This refers to the individual in charge of the Utilities Department for the city. "Discharge". Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. "Domestic Wastewater". Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. "Environmental Protection Agency" or "EPA". The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of that agency. "Executive Director". The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board. “Existing Source”. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. "Garbage". The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. "Grab Sample". A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. "Grantee". Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency. "Holding Tank Waste". Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. "Indirect Discharge or Discharge". The introduction of non-domestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the WWF (including holding tank waste discharged into the system). "Industrial or Commercial Waste". The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. "Industrial and Commercial Waste Discharge Permit". A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This 650 of 720 permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. "Industrial Cost Recovery". Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those users. "Industrially Classified User". An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial or commercial activities, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. "Industrial User". A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act. (33 U.S.C. 1342). “Instantaneous Maximum Allowable Discharge Limit”. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. "Interference". A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits hereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. “Medical Waste:. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. "Milligrams Per Liter (mg/l)". The number of units of minor constituents present with each one million (1,000,000) units of the major constituent of a solution or mixture. Milligrams per liter shall be considered equivalent to parts per million. "Monitoring Costs". Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. "National Categorical Pretreatment Standard". Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users. "National Pollutant Discharge Elimination System" or "NPDES Permit". A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). "National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard". Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5 "Natural Outlet". Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. 651 of 720 "New Source". (1)Any building, structure, facility, or installation from which there is (or may be ) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a. The building, structure, facility, or installation is constructed at a site which no other source is located; or b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2)Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment. (3)Construction of a new source as defined under this paragraph has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous onsite construction program (i)any replacement, assembly, or installation of facilities or equipment; or (ii)significant site preparation work including land clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. “Noncontact Cooling Water”. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. "Pass Through". A discharge of a pollutant from the WWF when such discharge causes a violation of any requirement of the WWF's NPDES permit, or a violation of a State or Federal water quality standard or increases the magnitude or duration of any violation and which is the result of a user's discharge of the pollutant either alone or in conjunction with other user's discharges of the pollutant into the WWF. A user contributes to pass through when the user: 652 of 720 (1) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by the City or by Federal or State law. (2) Discharges wastewater which substantially differs in nature and constituents from the user's normal average discharge; (3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other users, would result in pass through; or (4) Knows or has reason to know that the WWF is, for any reason, violating its final effluent limitations in its NPDES permit and that such user's discharge either alone or in conjunction with discharges from other users, increases the magnitude or duration of the WWF's violations. "Person". Any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, group, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local entities. "Point Source". The initial point of discharge into a sewer system. "pH" Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution; a measure of the acidity or alkalinity of a solution, expressed in standard units. "Pollutant". Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). "Pollution". The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. "Pretreatment". The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing those pollutants into a WWF. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6(d). "Pretreatment Requirements". Any substantive or procedural requirement for treating of a waste prior to inclusion in the WWF. "Pretreatment Standards". National Categorical Pretreatment Standards or alternative discharge limits, whichever is applicable. “Prohibited Discharge Standards or Prohibited Discharges”. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 26.142 of this ordinance. "Properly Shredded Garbage". The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions 653 of 720 normally prevailing in public sewers, with no particle greater than 1/2-inch (1.27 centimeters) in any dimension. "Public Sewer". A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. "Publicly Owned Treatment Works (POTW)". In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board, and the collection sewer system owned and operated separately by the Cities of Delray and Boynton Beach. (also see Wastewater Facility - WWF) "Regional Treatment Facilities". The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, Florida. "Replacement". Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. "Sanitary Sewage". The household and toilet wastes resulting from human occupancy. "Sanitary Sewer". A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. “Septic Tank Waste”. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. "Sewage". A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwater that may be present. "Sewage Works". All facilities for collecting, pumping, treating, and disposing of wastewater including the WWF. "Sewer". A pipe or conduit for carrying sewage. "Shall" is mandatory; "May" is permissive. “Significant Industrial User”. (1) A user subject to categorical pretreatment standards; or (2) A user that: a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); b. Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or 654 of 720 c. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. "Significant Non-Compliance". Means that violations of this Ordinance by a user subject to pretreatment standards meet one or more of the following criteria: (1)Chronic Violation: 66% or more of all measurements taken for the same pollutant during a six-month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (2) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six-month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable TRC. (For categorical pretreatment limitations the TRC equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH); (3) An effluent violation caused interference or pass through or endangered the health of City personnel or the general public; (4) A discharge caused imminent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergency authority under Section 26.147 of this Ordinance; (5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; (6) Failure to submit a required report within thirty (30) days of its due date; (7) Failure to accurately report non-compliance; or (8) Any other violation or group of violations which the Director determines may cause interference or pass through or will adversely affect implementation of the City's pretreatment program. "Significant Violation". A violation that remains uncorrected 45 days after notification of non- compliance; which is part of a pattern of non-compliance over a twelve-month period; which involves a failure to accurately report non-compliance; or which resulted in the WWF exercising its emergency authority under Section 403.8 (F)(1)(vi)(B) of the Act. "Slug". Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24-hour concentration of flows during normal operation. 655 of 720 "Standard Industrial Classification (SIC)". Classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, as amended. "State". State of Florida. "Storm Drain" or "Storm Sewer". A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. "Stormwater". Any flow occurring during or following any form of natural precipitation and resulting therefrom. "Superintendent". The person designated by the WWF to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative. "Surcharge". An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. "Suspended Solids". Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. Total Toxic Organics (TTO). The summation of all quantifiable values greater than 0.01 milligrams per liter for the toxic organics listed under 40 CFR 433.11. "Toxic Pollutant". Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts. "Treatment Plant". That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. "Treatment Works". The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems. "User". Any person who contributes, causes, or permits the contribution of wastewater into the WWF. "User Charge" or "User Fee". A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. "Wastewater". The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the WWF. “Wastewater Facility” (WWF). Any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system. "Wastewater Treatment Plant". Any arrangement of devices and structures used for treating wastewater, such as the WWF. 656 of 720 "Watercourse”. A channel in which a flow of water occurs, either continuously or intermittently. … 26.143 Discharge Of Certain Wastes Restricted No person shall discharge or cause to be discharged, the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are: (a) Any liquid having a temperature higher than 150E F. or causing the wastewater treatment plant influent to exceed 104E F. (b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32E F. and 150EF. (OE C. and 60E C.). (c) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (d) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. (e) Any garbage that has not been properly shredded, which shall mean particles in size no greater than 1/2 inches measured in any dimension. (f) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any waste treatment works. (g) Any waste containing restricted substances in quantities in excess of the following limits, measured at the point of discharge into any sewer system, or any substance that will pass through the waste treatment facilities and exceed the local limits as adopted by the South Central Regional Wastewater Treatment and Disposal Board as contained in the Interlocal Agreement entered into between the City of Boynton Beach and the City of Delray Beach. Such local limits are incorporated herein by reference. (h) Any waste from sodium-cycle action exchange (water softening) units from industrial or commercial users where the chloride content exceeds 600645 milligrams per liter. (i) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to handle those materials at the waste treatment facilities without a special permit issued by the city. (j) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (k) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (l) Volume of flow or concentration of wastes constituting a slug as defined in Section 26-115. (m) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. 657 of 720 (n) Any waters or wastes containing suspended solids in excess of 175400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (o) Any waters or wastes with a five-day, 20E C.B.O.D. greater than 220400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (p) Any waters or wastes containing chemical oxygen demand (COD) greater than 440800 mg/L unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. (q) Total toxic organics as defined in 40 CFR, Part 413.03[c] are not to exceed 5.0 mg/l, with no one parameter over 1.0 mg/l. (r) Any waters or wastes with an ammonia nitrogen content greater than 50 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. … 26.147 Admission Of Industrial And Commercial Waste All users of the public sewers or sanitary sewers shall recognize and comply with the following: (a) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits. (b) (1) Approval in advance by the city is required for the anticipated admission of industrial or commercial wastes into the public sewers having: o a. A five-day, 20 C. B.O.D. greater than 220 milligrams per liter, or chemical oxygen demand (COD) greater than 440 milligrams per liter. b. A suspended solids content greater than 175 milligrams per liter. c. Ammonia nitrogen greater than 50 milligrams per liter. cd. An oil/grease content greater than 100 milligrams per liter. ed. A total toxic organic content of greater than 5 milligrams per liter, with no one parameter over 1 milligram per liter. 658 of 720 (2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the WWF and continued discharge shall be subject to approval of the city. (c) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the city or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136 and 62-625.600, FAC (also see 26.158). (d) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a flow-metering device as approved by the Utilities Director. The control station shall be accessible to city personnel at all times for sampling. All authorized WWF or city employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this chapter. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City. … USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM 26.162 User Charges; Wholesale Sewer Rates; Calculation Of Sewer Surcharge (a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows: (1) Sewer Rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: a. Operation and maintenance b. Debt service c. Capital costs d. System expansion e. Others as applicable Consult the Water/Sewer Billing Department for the prevailing rates expressed as $/ 1,000 gallons of water consumption. 659 of 720 (2) Sewer Surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in 26.162(2) which may be assessed to applicable customers. (b) Wholesale Sewer Rates. (1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer will provide to the city or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the city. The city shall provide an authorization within ten (10) days after receipt by the city of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the city shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the city. (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (c) Calculation of Sewer Surcharge. (1) Calculation of the sewer surcharge shall be in accordance with the following: 660 of 720 Parameter Percent of Effect on Costs Allowable Level of Sewage Strength BOD-5 41 220400 mg/l (ppm) TSS 15 175400 “ ” Ammonia 41 50 “ ” COD 41 440800 “ ” Let: F = F1 + F2 + F3 Where: F = the factor to multiply the sewer rate for a surcharge due to excess strengths. F1 = the strength factor for BOD-5 or COD, whichever is higher. F2 = the strength factor for TSS (total suspended solids) F3 = the strength factor for ammonia (total ammonia) (2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; COD of 600900 mg/l; BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; Ammonia at 100 mg/l; Prevailing monthly sewer rate is $1.52 per 1,000 gallons. i Sewer Rate: $1.52/1000 gallons (100,000 gallons/month) = $152/month ii Sewer Surcharge Calculation: F1 = 0.41 (500900-220800) = 0.52 0.051 220 800 F2 = 0.15 (900-175400) = 0.62 0.188 175 400 F3 = 0.41 (100-50) = 0.41 50 F = 0.52 0.051 +0.62 0.188 +0.41 = 1.55 0.239 iii Total Monthly Charge (Sewer Rate Plus Surcharge): 661 of 720 $152/month + $152/month( 1.550.239) = $ 387.60 188.33 … 26.169 Suspension Of Wastewater Treatment Service; Notice To Stop Discharge; Failure To Comply (a) When the Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (ab) The city may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the Utilities Director, in or DEP to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the WWF, caused the WWF to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the WWF. (bc) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to cause the user to voluntarily comply with the suspension or DEP, the city shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city or WWF systems or endangerment to any individuals. The city may reinstate the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days from the date of the occurrence. Penalties, see 26.177 ... Sec. 26-172 Show cause hearing (a) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 26.142 of this ordinance or the specific prohibitions in Section 26.143 of this ordinance if it can prove that it did not know , or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: 662 of 720 A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when The City Of Boynton Beach was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (b) Any user subject to enforcement action under the provisions of this division may request a hearing before the Utilities Director within ten (10) days of receipt of notification or proposed enforcement action. A hearing is to be held by the Utilities Director concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Utilities Director why the proposed enforcement action should not be taken. (c) The Utilities Director may conduct the hearing and take the evidence, or, at the Utilities Director's sole discretion, may designate the City Attorney or an independent arbitrator to: (1) Issue, in the name of the City, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing. (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing). (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Utilities Director or his designee for action thereon. (d) At any hearing held pursuant to this division, testimony taken must be under oath and recorded stenographically, with the costs thereof to be borne by the user. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. (e) After the Utilities Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the noncompliance(s) stating that, following a thirty-day time period to provide remediation of noncompliance(s), penalties as per section 26-177 will go into effect. Further orders as are necessary and appropriate may be issued. (f) The City shall also establish and assess against the user, appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this division. 663 of 720 (g) Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if the enforcement action is upheld. … 26.177 Penalties Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential introduction of prohibited and/or restricted effluents into the sanitary sewer system requires penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403.8(f)(1)(vi)(A) requires penalties up to the amount of $1,000.00 per day per violation which goes uncorrected. (a) Any user who is found to have violated an Order of the city or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized up to $1,000 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. A lien against the user’s property will be sought for unpaid charges, fines and penalties. In addition to the penalties provided herein, the city may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations, and permit issued hereunder. (b) Penalties for Continuing Violations. Any person who shall continue any violation beyond the time limit provided for in Section 26.166(1) shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each offense. Each day in which any violation shall continue shall be deemed a separate offense. (c) Whoever violates 26.171 shall, upon conviction, be punished by a fine of not more than $1000 or by imprisonment for not more than sixty (60) days, or by both. (d) Within 30 days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Utilities Director. The Utilities Director may require further sampling at such times as deemed appropriate. If sampling performed by a user indicates a violation, the user must notify the Director within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Director monitors at the users facility at least once a month, or if the Director samples between the user’s initial sampling and when the user receives the results of this sampling. (e) The remedies and penalties provided for in this ordinance are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. Section 2. Each and every other provision of Chapter 26, not herein specifically amended 664 of 720 shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective ninety (90) days after passage. FIRST READING this ____ day of _________________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2010. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – Ronald Weiland _____________________________ ATTEST: Commissioner – Jose Rodriguez _____________________ _____________________________ Janet M. Prainito, CMC Commissioner – Marlene Ross City Clerk (CORPORATE SEAL) 665 of 720 666 of 720 667 of 720 668 of 720 669 of 720 670 of 720 671 of 720 672 of 720 673 of 720 674 of 720 675 of 720 676 of 720 677 of 720 678 of 720 679 of 720 680 of 720 681 of 720 682 of 720 683 of 720 684 of 720 685 of 720 686 of 720 687 of 720 688 of 720 689 of 720 690 of 720 691 of 720 692 of 720 693 of 720 694 of 720 695 of 720 696 of 720 697 of 720 698 of 720 699 of 720 700 of 720 701 of 720 702 of 720 703 of 720 704 of 720 705 of 720 706 of 720 707 of 720 708 of 720 709 of 720 710 of 720 711 of 720 712 of 720 713 of 720 714 of 720 City of Boy nton Beach Sewer Discharge Limits: Parameter Limit Metals Antimony 2.0 mg/l Arsenic 1.06 mg/l 1.14mg/ l Cadmium 0.98 mg/l 0.93 mg/ l Chromium—Hexavalent 0.5 mg/l Chromium—Total 17.70 mg/l 17.97 mg/ l Copper 16.39 mg/l 17.59 mg/ l Iron 5 mg/l Lead 1.80 mg/l 1.76 mg/ l Mercury 0.77 mg/l 0.45 mg/ l Molybdenum 1.48 mg/ l 2.50 mg/ l Nickel 0.95 mg/l 5.37 mg/ l Selenium 1.72 mg/ l 2.96 mg/ l Silver 2.96 mg/l 4.49 mg/ l Zinc 0.95. mg/l 2.28 mg/ l Inorganics Ammonia (surcharge) 100 mg/l Chloride 600 mg/l 645 mg/ l Cyanide 5.61 mg/l 1.72 mg// l Cyanide amenable 0.5 mg/l to chlorination 0.5 mg/l Fluoride 50 mg/l Ph pH 5.5 -- 9.5 std. units Temperature 150 deg . F Organics CBOD (surcharge) 500 mg/l 400/700 *mg/ l COD (surcharge) 1000 mg/l 800/1500*mg/ l Oil and grease 250 mg/l 100/240* mg/ l Petroleum hydrocarbons 25 mg/l Phenol 5.0 mg/l Phenolic compounds, total 5.0 mg/l Total Toxic Organics (TTO) 5 mg/l ( No 1 > 1.0 mg/l ) TSS (surcharge) 500 400/500 *mg/l Particle size < 1/2" Radioacative elements Are prohibited *Lower surcharge limit/ Upper Local Limit subject to enforcement action s 715 of 720 716 of 720 717 of 720 718 of 720 719 of 720 720 of 720