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Agenda 01-21-03The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA JANUARY 21, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBI.ZC PARTZCZPATZON AT CTTY OF BOYNTON BEACH COMMISSZON MEETZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda 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 COMMZSSZON MEEI'ZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda ~tems: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COf4HZSSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beact 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). January 21, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. ?. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth, Temple Beth Kodesh Pledge of Allegiance to the Flag led by Mayor Broening D. I'F YOU WI'SH TO ADDRESS THE COMId?$S1'ON: · FI'LL OUT THE APPROPRZATE REQUEST FORM · GIVE 1'1' TO THE CZTY CLERK (ON THE DAI'S) BEFORE THE "OPENI'NGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE POD!UM WHEN THE MAYOR CALLS YOUR NAME II, ZNDZ~ZDUALS MAY SPEAK FOR THREE UNZNTERRUIrrED MZNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLZC AUDZENCE: ZNDZVZDUAL SPEAKERS WZLL BE L?MTrED TO 3-M?NUTE PRESENTATIONS III. OTHER: A. Informational Items by Members of the City Commission ADMINZSTRATIVE: A. Accept letter of resignation from Welton Sanders, Advisory Board on Children & Youth B. Appointments to be made: Appointment To Be Made Board IV McKoy III Ferguson Advisory Bd on Children & Youth Reg Bldg. Bd of Adj & Appeals Alt Regular Member of the Length of Term Expiration Date, 2 yr term to 4/03 I yr term to 4/03 Tabled (3) 'Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 21, 2003 III Ferguson Mayor Broening Mayor Broening I Weiland II McCray Mayor Broening III Ferguson V, Community Relations Board Alt 1 yr term to 4/03 Education Advisory Board Education Advisory Board Education Advisory Board Stu Reg Reg 1 yr term to 4/03 2 yr term to 4/04 Tabled (3) 2 yr term to 4/04 Tabled (2) Library Board Alt 1 yr term to 4/03 Tabled (2) Nuisance Abatement Board Alt 1 yr term to 4/03 Tabled (2) Recreation & Parks Board Alt 1 yr term to 4/03 ANNOUNCEMENTS, COMMUNTrY & SPECZAL EVENTS, & PRESENTAT]:ONS: A. Announcements: None B. Community and Special Events 1. HeritageFest - February 1-23, 2003 C. Presentations: 1. Proclamations: a. "Four Chaplains Sunday" b. "Catholic Schools Week" Presentation of Certificates of Accomplishment to Boynton Beach High School Girls Volleyball Team PUBLIC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERM[TS Project: Agent: Owner: Location: Description: Gateway Plaza (USAP 02-002) H. Burton Smith, P.E. KWB Charitable Trust Lot 91-Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 in the Quantum Park PID Project: Agent: Location: Daise Temple Church of God in Christ (ABAN 02-004) City of Boynton Beach NE 3"d Street, South of NE 12m Avenue 'Agenda Regular City Commission MeeUng Boynton Beach, Florida 3anuary 21, 2003 Description: Request for right-of-way abandonment of a 90-foot segment of NE 3rd Street, south of NE 12m Avenue Extension of "Notice of Intent" (NOI) for Self-storage Uses and Facilities until April 2, 2003 (Proposed Resolution No. RO3-OO7) VII. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of January 6, 2003 Regular City Commission Meeting of January 7, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award RFP #017-1410-03/KR to CRED~'I'ECH for the "COLLECT[ON AND REPORTING OF THE CiTY OF BOYNTON BEACH DEI_~NQUENT ACCOUNTS" at a commission rate of 20% of collected funds Approve CHANGE ORDER #8 to CONSTRUCI'~ON TECHNOLOGY, INC. in the amount of $29,700 for the BOAT CLUB PARK AND S~q'E IMPROVEMENTS PRO]ECl', BID #077-2413-01/C.1D (Propo~.:,d Resolution No. RO3-OO8) C. Resolutions: Proposed Resolution No. R03-009 Re: Approving Task Order No. 01-06 in the amount of $82,959 to Metcalf & Eddy for the Surf Road Area Water Main Replacement Project for the Bidding and Construction Phase Services for upgrading of water mains and services in an unincorporated area adjacent to the Town of Ocean Ridge Proposed Resolution No. R03-O10 Re: Releasing the Letter of Credit for Tuscany on the Intracoastal (Building Permit No. 00-4319) in the amount of $16,929 Proposed Resolution No. R03-011 Re: Approve and authorize execution of Task Order 20 in the amount of $30,490 with CH2M Hill for engineering services in the evaluation of replacing a 10" force main that runs from the West Water Treatment Plant and the Platina development east to Lift Station 801 at the corner of Boynton Beach Boulevard and Lawrence Road Agenda Regular City Commission f-leeting Boynton Beach, Florida January 21, 2003 Proposed Resolution No. R03-012 Re: Approve and authorize the execution of Task Order #,~ with Engineering Consultant, Hartman & Associates, Inc. for an amount of $112,150 to prepare an infiltration and inflow program for Master Lift Station 309 basin Proposed Resolution No. R03-013 Re: Release of cash bonds of $440 and $28,600 to Nunno Builders, ]:nc. for the project known as Wendy's Restaurant Proposed Resolution No. R03-014 Re: Release of remaining surety for the water system improvements for the project known as Amerope Enterprises, in the amount of $505 Proposed ResoluUon No. R03-015 Re: Approving U.S. LEC, INC. as the long distance service provider for the City with estimated annual expenditures of $20,000 Proposed Resolution No. R03-016 Re: Authorizing execution of a consent to co-location pursuant to the lease agreement between the City and Sprint Spectrum L.P. consenting to VoiceStream Wireless/T- Mobile co-locating on telecommunications tower located at 3600 Minor Road Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City Ratification of Planning & Development Board Action: High Ridge Commerce Center #2 (CDPA 02-002), Southwest corner of High ridge Road and Miner Road - Request for an appeal from Land Development Regulations Chapter 9, Section 11..1. to permit overhead bay doors to face High Ridge Road High Ridge Commerce Center #2 (NWSP 02-019), Southwest corner of High Ridge Road and Miner Road - Request new site plan approval to construct two light industrial buildings totaling 139,500 square feet on 10.4 acres in an I~1-1 zoning district High Ridge Commerce Center #2 (ZNCV 02-015), Southwest corner of High Ridge Road and Miner Road - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article Landscape Code, Section 3.B.4. to allow parked vehicles to encroach two feet into a seven-foot landscape buffer area required by code for a manufacturing/industrial building in an M-1 zoning district *Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 21, 2003 E. Ratification of CRA Action: Dakota Lofts (MSPM O2-O06), 3010 S. Federal Highway - Request for major site plan modification for changes to building elevations and floor plans Approve the Dakota Loft~ Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, .]r., PE/PSM and .]effrey R. Livergood, PE Accept the written report to Commission of purchases over $10,000 for the month of December 2002 for informational purposes G. Acknowledge the Mayor's signature on the 2002 Arbor Day Proclamation Allocation of $2,500 of Commission Community ]~nvestment Funds (Commissioner McCray) for the 2003 Heritage Fest Program CTrY MANAGER'S REPORT: None FUTURE AGENDA ZTEMS: A. Report on 2002 Holiday Parade participants' findings (February 18, 2003) Review revocation of the license agreement between the City of Boynton Beach and Jordan Wrecker Service (April 1, 2003) C. Discussion regarding Cemetery Board Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Propo,~l Re~olution No. R03-...) FRA Whistle Ban Report (TBA) Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee ('I'BA) DEVELOPMENT PLANS: None 5 'Agenda Regular City Commission Meeting Boynton Beach, Florida January 21, 2003 XI. NEW BUSZNESS: None X]:t'. LEGAL: A. Ordinances - 2n~ Reading - PUBLIC HEARING Proposed Ordinance No. 02-062 Re: Rezoning of vacant land consisting of +32.159 acres on the east side of South Congress Avenue from M-1 (l~ndustrial) to Planned Unit Development (PUD) (South Congress Residential) B. Ordinances- 1s~ Reading Proposed Ordinance No. 03-001 Re: Rezoning from R-3 MultJfamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD) for 18 single family detached zero lot line homes (Hawks Landing) C. Resolutions: None D. Other: Review for ratification or modification Code Compliance Lien Modification Order dated December 30, 2002 for Case No. 99-555 (Claude Francois - 229 SE 4m Avenue) Accept the offer of payment of attorney's fees and costs in the total amount of $16,650.59 from RHS Corporation Authorize a projected mediated settlement with Plaintiff in the amount of $100,000, as statutory liability limit, for a motor vehicle accident where original demand at mediation was $10,000,000 Authorization to add proposed Ordinance to next Commission Agenda for First Reading: Ordinance regarding Amending Chapter 2 Administration, Article ZV, Section 2-56 providing for amendment to procedures for the sale of surplus City owned real property 6 · Agenda Regular City Commission HeeUng Boynton Beach, Florida January 21, 2003 XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE C2TY COMMISSION WITH RESPECT TO ANY MA1 I'ER 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 INDMDUAL WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN)OY THE BENEFITS OF A SERVICE, PROGRAM~ OR ACTIVity CONDUCTED BY THE C1TY. PLEASE CONTACT ]OYCE COS'TED.O, (561) 742-6013 AT m. EAS'F TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FZNALAGENDA 1/16/2003 5:03 PM S:\CC\W~CCAGENDA~AGENDAS\YEAR 2003\012103 F)NAL AGENDA.DOC Welton Sanders 8 Southern Cross Cir. # 105 Boynton Beach FL. 33436 Home Phone (561) 742-1920 ~rV. ADMZNZSTRATZVE ZTEH A. January 13. 2003 Dear Chair Person, First let me say that it has been a great joy serving as a member on the Boynton Beach Advisory Board for the Children and Youth Counsel. It has been a great learning experience. I'm sorry to say that due to an increase in responsibilities in ministry and other areas of my life I will not be able to continue to serve on the board. Thank you so much for the experience and opportunity you all gave me. May God Bless each and every one of you. ~incerely, (~ V.-ANNOUNCEMENTS & PRESENTAT?ONS Rem B.[ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requ~l City Commission M~ing Dat~ ] December 3, 2002 ] December 17, 2002 ] January 7, 2003 ] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office Novembe~ 18, 2002 (Noon) Decembex 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) RequesaM City Commission Meeting Dates [] February 4, 2003 ] February 18, 2003 [] March 4, 2003 [] March 18. 2003 Date Final Form Must be Turned in to City Clexk's January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Unfimshed Business [] Presentation RECOMMENDATION: Make announcemem EXPLANATION: Announcement of commumty and special events: HeritageFest. Feb. 1-23 PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not allow announcement - ~" ~ent l~d s ~ignature Public Affairs Department Name City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETINWORMSLAGENDA ITEM REQUEST FORM. DOC Uur sci'leclulea activities include: Date I Time amrday, February I i 1:00 PM Sunday, February 2 I 4:00 PM Saturday, February 8 ! 12:00 PM ISunday, February 9 ~10:00 AM Event I Location ~iFamily Story Hour/Book !Boynton Beach Libra~ ' .Boynton Beach Women's iBo.vnton Beach Women's Boynton Lanes iComnation HeritageFest Court iYouth Recognition Luncheon !Bowling Tournament iSaturday, Febmary/-~ 10:00 AM :Essay, Art and Science Exhibit Boynton Beach Mall 110:00 AM Contests Spelling & Oratorical Hester Center iSaturday, February/5110:00 AM :Youth Basketball Tournament Hester Center Sunday, February 16 10:00 AM iYouth Basketball TournamentHester Center Friday, February. 215:00 PM 'Opening day of Carnival Hester Center 6:00 PM "Carnival" A Night in the Hester Center iIslands 6:30 PM 'Adult Basketball TournamentHester Center Saturday, February),,~~ 10:00 AM 'Adult Basketball Tournament Hester Center 11:00 AM 'Parade N. Seacrest Blvd. 12:00 PM Festival on the Lawn ~ .Hester Center !Entertainment & Vendors :Sunday, Februa~ 23 10:00 AM Adult Basketball TournamentHester Center 3:00 PM Gospel Festival on the Lawn Hester Center ~ ~Entertainment & Vendors WHEREAS, February 2, 2003 will mark the 60th Anniversary of the sinking of the troopship SS Dorchester, which carried to their deaths four Chaplains of three faiths who stood united in prayer as the ship went down; and WHEREAS, these four Chaplains- Roman Catholic, Jewish and Protestant gave their own life jackets to four soldiers and thus sacrificed their own lives to save the lives of others; and WHEREAS, it is fitting at a time when the freedom of the wodd is imperiled that the City of Boynton Beach, Florida should give special recognition to the memory of those who sacrificed their lives for the muse of ,freedom; and WHEREAS, the heroic deed of the four Chaplains and their combined act of supreme devotion and !sacrifice for American liberty and human freedom will be an inspiring and ever-shining example of real brotherhood for all time to the people of the world; and WHEREAS, we must all see to it that their supreme sacrifice to the common cause of freedom and justice for all shall not have been in vain. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim Sunday, February 2, 2003 to be observed as: "FOUR CHAPLAINS SUNDAY" And call upon all our citizens to commemorate the day with appropriate observances in public places and by prayers in their homes and houses of worship. 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, Flodda, this 21st day of January 2003. A'I-rEST: i City Clerk i (Corporate Seal) Gerald Broening, Mayor City of Boynton Beach V.-ANNOUNCEHENTS & PRESENTAT/ONS ~[tem C.l.b "Catholic Schools: Making a Wodd of Difference" is the theme for the 29t~ annual celebration of Catholic Schools Week. The purpose of Catholic Schools Week is to build support and recognition for the over 8,100 Catholic schools nationwide. During this week, many dioceses encourage parents to enroll their children in Catholic schools and it is an opportunity to interest citizens in volunteering their time and talent to local Catholic schools. A long-time tradition in Catholic education, Catholic Schools Week underscores the importance of the Catholic school curriculum - one that is infused with strong values, high academic standards and discipline. Catholic school leaders are committed to making a difference in this country and the world by graduating students who have strong moral standards and fine academic skills that will enable them to become good citizens and productive members of the workforce. National Appreciation Day, which is commemorated on the Wednesday of the week, was founded as a day of outreach to community and government leaders. National Appreciation Day for Catholic School Teachers is observed the Fdday of the week to recognize the contribution of the 167,000 teachers serving 2.6 million Catholic school students. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim January 26-February 1,2003, as: "Catholic Schools Week" and call upon all our citizens to recognize the contribution to education made by Catholic schools in the community. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Flodda, the 21st day of January, Two I three. Gerald Broening, Mayor City of Boynton Beach City Clerk Seal) V.'ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Tumed in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18,2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM Administrative Consent Agenda Public Hearing Bids Announcement City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Presentation of Certificates of Accomplishment to Boynton Beach High School Volleyball Team. EXPLANATION: Boynton Beach Girls Volleyball Team were District 14 - 5A Champions 2 straight years, Region 4 - 5A Champions and participated in 2002 State Finals. Coach Kelley Franklin is Palm Beach Post Coach of the Year. Listed below are the names of the girls: Jennifer Way Kristin MacDonald Paula Gardino Trisha Barbee Kelley Franklin, Coach Erica Brahs Michelle MacDonald Nikki Steele Danielle McCray Michelle Lord Natalie Bookal Jessica Thomas Mandi Goodrich PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMSLa, GENDA ITEM REQUEST FORM.DOC VI.-PUBLIC HEARING CITY OF BOYNTON BEAt ITEM A. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 [] January 21,2003 January 6, 2003 (Noon.) [] March 18. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Admimstrative [] Development Plans [] Consent Agenda [] New Business ·_ [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Please place this request on the January 21, 2003 City Commission Agenda under Public Hearing. The City Commission with a 5 to 0 vote removed this item from the Consent Agenda tabling it, and requested that it be brought back as a Public Hearing on the January 21, 2003 City Commission meeting. The Planning and Development Board on November 26, 2002 with a unanimous vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-229. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Gateway Plaza (USAP 02-002) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PID (Northeast comer of High Ridge Road and Gateway Boulevard, Quantum Park PID) Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 in the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES.'~ N/A Planning and Zoninl~ Director City Attorney / Finance / Human Resources S:XPlanning~HARED\WP~PROJECTS\Quantum-Gateway Plaza\USAP 02_002~Agenda item Request Gateway plaza USAP 02.002 1-21-03.dot C~ty Manager's S~gnature S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-229 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Director of Planning and Zoning FROM: Edc Lee Johnson, AICP Planner DATE: November 21, 2002 SUBJECT: Gateway Plaza (USAP 02-002) Request for Use Approval for a Gasoline Dispensing Establishment and Convenience Store on Lot 91 in the Quantum Park PID NATURE OF REQUEST Typically, a request for use approval is based on the assumption that the use will be available on multiple lots in a PID. This request for use approval for a gasoline-dispensing establishment would only be a use approved for Lot 91. KWB Charitable Trust is the owner of Lot 91. Lot 91 is 6.54 acres in size with an Office - Industrial - Commercial Master Plan designation. Pace Development Services (Pace) is the contract purchaser of the subject property. Pace, the developer, is the owner and operator of a number of retail fueling centers. This request for use approval is for a gasoline-dispensing establishment / convenience store. The accompanying conditional use / new site plan application (COUS 02-005) also shows diesel fuel pumps, an automatic carwash, and a fast-food restaurant. According to the application, the diesel fueling stations would provide service for tractor-trailers that make daily deliveries to the Publix Distribution Center (Lot 55). This proposed facility will allow these ddvers to refuel, and patronize the convenience store. The site plan indicates that the project will be completed in four (4) phases. The construction of the gasoline dispensing establishment, accessory car wash, convenience store, and restaurant are proposed within the first three (3) phases, which would occupy 3.5 acres in area. The unimproved portion of this property (3.04 acres) will remain in its natural state until it is ultimately site planned. BACKGROUND The following is a description of the zoning districts and land use classifications of properties surrounding the subject parcels, indicated in Exhibit "A": NoAh: Td-Rail station zoned Planned Industrial Development (PID), with a Governmental & Institutional (G&I) Master Plan designation; South: Gateway Boulevard right-of-way, farther south is undeveloped Lot 82, zoned Planned Industrial Development (PID) with a Office - Industrial - Commercial (OIC) Master Plan designation; East: C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way; West: Undeveloped Quantum Park Lot 85 (future commercial plaza / townhouses), zoned Planned Industrial Development (PID) with a Mixed Use (MU) Master Plan designation. In 1999, the City Commission approved Lot 91 for an Ice Skating Rink (The Frozen Ponds / USAP 99-003). Ice-skating dnks are included as a permitted use option under the "Commercial" designation of the Quantum Park DRI. The "The Frozen Ponds" site plan has since expired. On April 27, 1999, the City Page 2 Memorandum No. PZ 02-229 Commission approved the Mobil On the Run gas station located at the southwest corner of Gateway Boulevard and High Ridge Road. The use was approved with a condition limiting the Quantum Park PID to a single gas station in order to avoid any future proliferation of such uses as seen in other areas of the City. A second gas station in the Quantum Park PID would be in violation of this previous project's condition of approval. However, this use approval application will also constitute a request to amend that condition of approval limiting the PID to one (1) gasoline-dispensing establishment. Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a Planned Industrial Development (PID) district. Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a building and its customary, ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment (consistent with Section 11 .M. of the zoning code) or industrial uses provided that such use or uses is/ara approved by the Planning and Development Board. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the PID. ANALYSIS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed use of a gasoline-dispensing facility and convenience store. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or ight-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by raason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant's responses are listed below: 1) Noise: No use shall be carded out by Pace Development Services so as to create sound which is in violation of Section 15-8 of the City Of Boynton Beach Code of Ordinances. 2) Vibrations: No use shall be carded out by Pace Development Services so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. 3) Smoke, dust, dirt, or other particular matter:. Pace Development Services shall not allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which it is located. Furthermore, Pace Development Services shall not allow emissions of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. 4) Odors and fumes: Pace Development Services shall not allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point beyond its property. 5) Toxic or noxious matter:. Pace Development Services will not allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and Page 3 Memorandum No. PZ 02-229 enjoyment of property or rights-of-way, at or beyond the property line of their property or to contaminate any public waters or any groundwater. 6) Fire and Explosion: Pace Development Services' uses shall not create a fire or explosion hazard to adjacent property or right-of-way, or any persons or property thereon. Furthermore, Pace Development Services certifies that the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. 7) Heat, Humidity or Glare: Pace Development Services' uses shall not produce heat, humidity or glare, which is readily perceptible at any point at or beyond the property line of the property. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use which is a conforming use according to the City of Boynton Beach zoning regulations, so as not to create a nuisance to such residential use. 8) Liquid Waste: No use will be carded out by Pace Development Services which would dispose liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits. 9) Solid Waste: Pace Development Services shall not allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. 10) Electromagnetic Interference: Pace Development Services shall not create electromagnetic radiation whiCh causes abnormal degradation or performance of any electromagnetic receptor of quality and proper design as defined by the principals and standards adopted by the Institute of Electrical and Electronics Engineers or the Electronic Industries Association. Furthermore, Pace Development Services shall not cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception. 11) Hazardous Materials and Hazardous Waste: Pace Development Services shall comply with all hazardous ma{edals and hazardous waste regulations, local, state, and federal. The performance standards contain no explicit supplemental documentation such as certified statements, reports, or studies related to each standard. Although the applicant certifies that they will not violate any of the above-referenced performance standards, the applicant has not provided staff with any supplemental information pertaining to each standard. For example, a statement / study from an Acoustical Engineer certifying that the proposed use would not violate the City Noise Ordinance would satisfy the first performance standard. No report has been given to staff that indicates that the proposed use will exceed the L10 sound level limits by more than the allowable thresholds. No statement has been given outlining the anticipated "pure tones" that the proposed use will generate. Furthermore, a gasoline-dispensing establishment must typically submit a Matedal Safety Data Sheet, which is directly related to the Environmental Review Permit. CONCLUSIONS AND RECOMMENDATION Notwithstanding the above-described issues, staff has conducted a preliminary review of the use at the proposed location; however, staff endorses the current condition of limiting the PID to one gas station. Therefore, staff recommends that the subject request for an additional gas station be denied. This recommendation is based on the fact that the Quantum Park PID is a master planned development subject to higher standards and expectations with respect to the diversity of land uses within the PID. Page 4 Memorandum No. PZ 02-229 If this use is desired by the Board and Commission, staff is equally concemed about potentially-negative site impacts, site suitability, and traffic issues. These issues pdmadly pertain to traffic characteristics, current roadway design, and site impacts. The traffic study submitted with this request for use approval meets the Traffic Performance Standards of Palm Beach County in terms of vehicle tdps but does not address specific road design or potential negative impacts in or around the subject site. The projects approved near the subject site include 94,100 square feet of commercial and 136 fee-simple townhouses (SBMP 02-002), 39 fee-simple townhouses (SBMP 02-003), and the Tri-Rail double-track expansion. The parcel cattycomer to the subject property was approved for 234 rental apartments and 132,032 square feet of commercial (SBMP 02-001). Staff has major concerns regarding possible traffic accidents as a result of the development of the subject site with the proposed use. The site plan shows that a total of two (2) driveways are proposed, one (1) directly to High Ridge Road. Staff anticipates that the types of vehicles associated with this use (tractor trailers), which will utilize these points of access, coupled with the proposed driveways (traffic flow) from this project as well as driveways from the other projects could pose hazardous ddving conditions in the future. Much of the surrounding properties are currently undeveloped but according to Police records, since February 2000, there have been 55 traffic accidents reported on High Ridge Road north of Gateway Boulevard, which were directly influenced by this intersection. Since March 2000, there have been 32 traffic accidents on High Ridge Road south of Gateway Boulevard, which were directly influenced by this intersection. Additional time and data would be needed in order to evaluate the location of the proposed entranceways and turning movements of vehicles ]ssociated with this type of use. Although the proposed use may be vested in terms of trip generation under the DRI, the characteristics of the site in conjunction with the recently approved projects would warrant further review from staff regarding the traffic patterns in order to protect the health, safety, and welfare of the public. Finally, according to Chapter 4, Section 8 of the Land Development Regulations - Review Standards, all proposed developments should be designed to preserve, perpetuate, and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state. The applicant submitted a "Vegetation Analysis for Gateway Plaza (2002)", which indicates the existence of at least 800 trees on site. There appears to be no preservation of the existing vegetation in conjunction with the development of the site. Additionally, the landscape plan submitted with the conditional use application shows the proposed location of "transplanted trees" but fails to identify the current location, type, and specifications of the trees to be relocated and / or preserved. Although issues related to site design are typically addressed as part of the site plan review process, on-site impacts appear to be worsened by virtue of the proposed use and its inherent need for maximum visibility. In contrast with the previous use approved for the site (i.e. an ice dnk), site elevation is to be raised significantly. Staff acknowledges that in general, land preservation requirements for the PID have been fulfilled by the two (north and south) preserve areas. However, typical tree preservation is still considered on a site-by-site basis as referenced above. Again, staff recommends that the subject request to amend the list of approved uses be denied, as well as the request to amend that condition of approval limiting the Quantum Park PID to one (1) gasoline- dispensing establishment. MPJelj Attachments S:~=~ann/ng~SHARED~WI:NN~OJECTS~Quantum-C~Iaway ~.aA./SAP 02..O02~laff Relxx't2.c~oc EXHIBIT 'A' LOCATION MAP cITY "1 PID OF cOMM ,NTU M PARIC] AA °0 400 '800 EXHIBIT "B" Conditions of Aooroval Project name: Gateway Plaza File number: USAP 02-002 Reference: Use Approval. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: COA 12/19/02 2 DEPARTMENTS INCLUDE REJECT 1. A tree survey is required. X 2. Environmental review and approval shall be required prior to the issuance of X an occupational license or certificate of occupancy. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. S:\Planning\SHARED\WP~PROJECTS\Quantum-Gateway Plaza\USAP 02-002\COA.doc EXHIBIT "C" CITY OF BOYNTON BEACH, FLORIDA PLANNI~'G AuND ZONING DIVISION PETITION FOR USE APPROVAL, PLANNED INDUSTRIAL DEVEL~3PMENT DISTRICT (PID) IN RE: GATEWAY PLAZA I. BACKGROUND KWB Charitable Trust (Kenneth W. Brown) is the owner of parcel 91 within the Quantum Corporate Park PID ("Quantum"). Lot 91 comprises 6.55acres and has been designated OIC - Office, Industrial, Commercial - according to the DRI Master Plan. ?ace Development Services ("Pace") will be the contract purchaser of the subject property at such time as the proposed uses are approved by the City of Boynton Beach. Pace is currently the developer and operator of a number of retail fueling centers and has a reputation for clean well managed facilties. Pace is desirous of constructing a modem and very functional convenience store, gasoline pumps and automatic car wash, along with a fast food restaurant along the High Ridge Road right of way and a diesel fueling station behind the convenience store. The diesel fueling station is to service the many tractor trailers that d, aily pickup and deliver goods to the Publix distribution center. These drivers currently mus travel some distance, on City and County streets to find diesel fuel an have the opportunity to get some refreshments. This proposed facility will allow these civers to refuel get refreshments at a convenient location next to 1-95 and. not disturb EXHIBIT "C" Page 2 local traffic on City streets. The balance of the property, 3.04 acres, on the east side of the subject parcel will remain in its natural state until such time as a use has been determined ! for it. II. REQUEST FOR USE APPROVAL WITHEN QUANTUM CORPORATE PARK PID Part Ili Land Development Regulations, Chapter 2, Section 7.A, of the Code of Laws and Ordinances of Boynton Beach, Florida (hereinafter "Code"), provides for the intent and purpose of the PID zoning distr/ct as follows: INTENT AND PURPOSE. A planned industrial development district (PI]D) is established. The purpose of this district is to provide a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities. Regulations for the PID are intended t accomplish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach. PID districts may contain Mixed Use Pods with retail, commercial, office and residential components, subject to the design and approval criteria hereinafter set forth. Section 7.E provides, in part, for the permitted uses in the districts as follows: USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail), educational institution, adult entertainment in accordance with Section I 1 .M, recreational and am'actions as defined for the industrial land use classification, multi-family residential, and mixed use residential/commercial uses in EXHIBIT "C" Page 3 PLD's totaling a minimum of 500 acres or industrial use provided that such use or uses is/are approved by the planning and de.velopment board. In approving uses in the PID, the planning and development board shall make findings that the use or uses proposed will not be in conflict with the performance standards listed in Section 4.N. of these zonin_~ regulations, and that the use or uses proposed is/are consistent with the intent and purpose oft his section. For the purposed of this se~etion, educational institution shall mean a public, quasi-public or private facility that offers instruction to students for one (~) or more of the following needs: preschool pro~amming; tutoring; kindergarten, elementary and secondary grades schooling; higher learning for the purpose of granting degrees in a particular field and occupational or industrial, technical training ..... Lot 91 has been designed O[C - Office, Industrial, Commercial within the Quantum Corporate Park PID. The code does not specify permitted uses with the OIC designated parcels of the P[D, however the uses permitted within the PID include many industrial and commercial businesses. The intent to the PI~D district is to accomplish a desirable environment for industrial development in relation to ex/sting and future development, as well as to promote public health, safety, convenience, welfare and good government for the City. Pace Development Services intended uses would qualify as commercial uses. Pace Development Services proposed uses will not be in conflict with the performance standards of Section 4.N of the Boynton Beach zoning regulations. No use shall be carried out by Pace Development Services so as to create sound which is in violation of section 15-8 of the City of Boynton beach Code of Ordinances. No use shall be carried out by Pace Development Services so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. Pace Development Services shall not allow the emission of smoke, dust, dirt or other particular matter which may EXHIBIT "C" Page 4 cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use located. Furthermore, Pace Development Services shall not allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. Pace Development Services shall not allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond its property. Pace Development Services shall not allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or fights-of-way, at or beyond the property line of their property; or to contamflaate any public waters or any ground water. Pace Development Services's uses shall not create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, Pace Development Se~ices certifies that the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. Pace Development Serviees's uses shall not produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according the City of Boynton Beach EXHIBIT "C" Page 5 Zoning regulations, so as not to create a nuisance to such residential uses. No use shall be carried out by Pace Development Serv{ces which would dispose liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits. Pace Development Services shall not allow the accumulation or disposal of solid waste which is not in conformance with Chapter i 0 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. Pace Development Services shall not create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and property design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, Pace Development Services shall not cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception. Pace Development Services shall comply with all hazardous materials and hazardous waste regulations, local, state or federal. Pace Development Services's uses are consistent with the intent and purposes of the PI.D district. In providing the above references service to the community at large, Pace provides a public service and promotes the public health, safety, convenience, welfare and good government of Boynton Beach without any adverse impacts on the community. EXHIBIT "C" Page 6 Paces's desire to be an integrated member of'the community fits in with the intent and purposed of'the PID by accomplishing'a desirable development environment and meeting the fUture needs of'city development by establishing its site within the Quantum Corporate Park III. CERTIFICA.TION We understand that this petition and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division. We hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of our knowledge and belief. Signature of authorized agent .]un, 03 02 ! i: l.~.a ~-~':~MER RERLTY DEVELOPM~MT 5G: h I).RrC~ sM.rr~ ~ EXHIBIT "C" REVIEW 11418 PROJECT. ~ ~ .,m~u ~ r~ COMMISSION MEETINGS HELD TO PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA Gateway Plaza H. Burton Smith 825 Whippoorwill Trail, West Palm Beach, FL 33411 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: Request for Use Approval for a Gasoline Dispensing Establishment in the Quantum Park PID. LOCATION OF PROPERTY: Lot 91, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~=lanning~,SHARED~WP~ROJECTStQuantum-Gateway Ptaza~.JSAP 02-002~302.d0c City Clerk VI.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January21, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] February 4, 2003 January 21, 2003 (Noon~. -£~. [] February 18, 2003 February 3, 2003 (Nooni:'.5 [] March 4, 2003 February 18, 2003 (Noon)~ [] March 18,. 2003 March 3, 2003 (Noon) ¢ ? [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 21, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-008. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Daise Temple Church of God in Christ (ABAN 02-004) City of Boynton Beach NE 3rd Street, South of NE 12th Avenue Request for right-of-way abandonment of a 90-foot segment of NE 3rd Street, south of NE 12ta Avenue. PROGRAM IMPACT: N/A FISCAL IMPACT: ~ N/A ALTERNATIVES./~ N/A Develop~lf~ De~l~tr~e~t Director 'Planning and Zonin~ Iftrector ' - ~ty Manager's Signature City Attorney / Finance / Human Resources S:XPIanning~SHARED\WPLVROJECTS'xDaise Temple (Church of God) AbanXAgenda Item Request Daise Temple Church of God in Christ ABAN 02-004 1-21-03 .dot S:XBULLETIN~ORMS',AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM NO. PZ 03-008 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael W Rumpf Planning and Zoning Director Maxime Ducoste-Amedee Planner January 6, 2003 N.E. 3~u Street Right-of-Way Abandonment (ABAN 02-004) NATURE OF REQUEST The City of Boynton Beach is requesting abandonment of an unimproved 40-foot wide right-of-way located on N.E. 3rd Street. This abandonment is for the following unimproved street segment: That part of N.E. 3~ Street lying between blocks 9 and 10 of Happy Home Heights, according to the plat thereof as recorded in Plat Book 11, Page 30 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the church property and includes a detailed location of the right-of-way to be abandoned and its legal description. The entire right-of-way of N.E. 3rd Street (between blocks 9 and 10 of Happy Home Heights) as shown on the survey will be converted to an easement for ingress, egress, drainage and utility purposes. The City will abandon the lot to the adjacent property owners. In this case, Daise Temple Church of God in Chdst owns both lots on either side. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North East South West Single family dwelling units, zoned R-2. Vacant lot used for church parking, zoned R-2 Single-family dwelling units, zoned R-2. Church, zoned R-2. BACKGROUND In December of 1924, the Plat of Happy Homes Heights was approved including a 40-foot wide right-of-way known as First Street (currently known as NE 3'~ Street) and dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The street is currently unimproved. Palm Beach County records indicate that the church acquired the adjacent property in 1983. A previous request to abandon N.E. 3~u Street right-of-way was submitted by Daise Temple Church of God in Chdst on June 16, 2000. The properties located on the east and west sides of the street segment to be abandoned are owned by Daise Temple Church of God in Chdst. The church had the intention of vacating the 40-foot street to increase the area of the church parcel, to eliminate a walking hazard for parishioners, and to facilitate future church remodeling. Page 2 Memorandum No. PZ 03-008 · "~N 02-004 This application was denied by the City Commission for several reasons: 1 ) A redevelopment study (The Heart of Boynton )was being conducted; 2) Installation of fiber optic communication cables was scheduled; 3) The existence of a 6-inch water main along the right-of-way. As part of the motion of denial of this request, the City Commission had indicated that another abandonment application could be reconsidered after the compleX:ion of the redevelopment study. Since the redevelopment study has been completed, City Staff has taken the initiative to convert N.E. 3'~ Street right-of-way and to follow-up the Commission directive. ANALYSIS Pursuant to Chapter 22 Article III Section 4, public notice was given to the property owners that abut the right-of-way to be abandoned, all utilities companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineedng Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Flodda Power and Light Bell South - Flodda Public Utilities Company - Cable Company (Adelphia) - Cable Company (Comcast) - No objection Approval with conditions (see Exhibit "C") No objection Objects because of existing infrastructure in the right-of-way between N.E. 12"' Avenue and N.E. 11th Avenue. Requires an easement dedication (see Conditions of Approval). No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the right-of-way be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:~Ptanning~SHARED~WP~PROJECTS~Daise TerSe (Churctl of GOd)~.ABAN 2002~talf rel~rt 2002-.doc Location Map DAISE TEMPLE EXHIBIT "A" BOYNTON CANAL C-16 N EXHIBIT PROPOSED ABANDONMEN'~ 3 LOT 1, BLOCK 9 HAPPY HOM~ HEIGHTS PLAT BOOK 11, PAG~ 30 LOT 1, BLOCK 1 ~'~'KS & ANDREWS PLAT BOOK 5, PAOE 84 ~o. oo Zo. Go LOT 8, BLOCK I0 HAPPY HOME HEIGHTS PLAT BOOK 11, PAGE 30 LOT I, BLOCK "A" MEEKS 8; AND~WS PLAT BOOK 5, PAGE 84 EXHIBIT "C" Conditions of Approval Project name: Daise Temple File number: ABAN 02-004 Reference: N/A DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. An ingress, egress, drainage and utility easement encompassing the entire X N.E. 3~ Street right-of-way shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording of the abandonment. 2. No canopy trees shall be allowed to be planted within the easement. All X plantings shall be reviewed and approved by the City of Boynton Beach prior to placement. 3. No building structures shall be allowed to be constructed on any portion X of the easement. Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUII,I~ING DMSION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 4. To ensure the intended use of the abandoned fight-of-way for an ingress, egress, drainage and utility easement, the plat shall be amended accordinl~ly. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WFAPROJECTS\Daise Temple (Church of God) Aban\COA 2002.doc VI'.-PUBLTC HEAR 'NG TTEM C. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January21, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates Date Final Form Must be Tumed in to City Clerk's Office [] February 4, 2003 January 21, 2003 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] March 4, 2003 February lg, 2003 (Noon[-' [...J March 18,. 2003 March 3, 2003 (Noon) ! ..~) [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [~J Public Hearing · ~ Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 21, 2003 City Commission Agenda under Legal. Staff recommends this item, Notice of Intent (NOI) Self-storage Uses and Facilities on properties zoned "Commercial" study be extended until April 2, 2003 for the preparation of an ordnance to implement recommendations of the code review. EXPLANATION: On August 6, 2002, the City Commission adopted the "Notice of Intent" (NOI) thereby directing staffto conduct a code review of the Land Development Regulations to restrict the combination of multi-access and limited- access storage facilities City-wide to the M-1 Industrial zoning district. In connection with this code review, the NOI was adopted and to be in effect for the period required for conducting the code review. Staffhas competed its code review and proposes the following: 1. to restrict the combination of multi-access and limited-access storage facilities to the M-1 Industrial zoning district; and 2. to amend the supplemental regulations governing SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district. Extension of the NOI will allow time for preparation of an Ordinance to implement the recommendations. For further details on the code review, please see the accompanying Department Memorandum No. PZ 02-306. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A City Manager's Signature City Attorney / Finance / Human Resources ALTERNAT~,~ Deve~l~rffe~ Plmg and Zo~g Dkector JSSHRDATAXPlanning~SHARED\WP~PECPROJ~Self Storage CDRV'x2002 CDRVX, Agenda Item Request NOI I 21 03.dot RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING AN EXTENSION TO APRIL 2, 2003, OF THE "NOTICE OF INTENT" APPROVED BY RESOLUTION NO. 02-135; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City Commission approved a Notice of Intent by Resolution R02-135 on August 6, 2002; and WHEREAS, the Notice of Intent was to be in effect from the date of adoption and thereafter for a maximum period of 180 days, unless otherwise extended by the City Commission by subsequent Resolution following public heating; and WHEREAS, a review of the Land Development Regulations to restrict the combination of multi-access and limited-access storage facilities City-wide to the M-1 Industrial zoning district has been conducted, and staffproposes the following: 1. to restrict the combination facilities to the M-1 Industrial zoning district; and of multi-access and limited-access storage 2. to amend the supplemental regulations governing self service storage facilities (mini-warehouses) to remove all references to the C-1 Office/Professional Commercial zoning district; and WHEREAS, the administration contemplates amendments to the Land Development Regulations which will require additional time for drafting and adoption of an Ordinance to implement the recommendations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby extend the Notice of Intent, originally approved by Resolution No. R02-135, until April 2, 2003. S:\CAXRESO\Notice of [ntent',Notice of Intent Ext - Self Storage - 02-135.doc Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND Al)OPTED this day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CAhRESOLNotice of IntentkNotice of Intent Ext - Self Storage * 02-135.doe DEVELOPMENT DEPARTMENT PLANNtNG AND ZON]:NG DZVZS]:ON MEMORANDUM NO. PZ 02-306 TO: THROUGH: FROM: DATE: SUBJECT: Chairmen and Members Community Redevelopment Agency Board, and Planning and Development Board Michael W. Rumpf Director of Planning and Zoning Dick Hudson, AICP Senior Planner December 26, 2002 CODE REVIEW CDRV 02-004 Limited Access Self-Storage Project: PRQ3ECT DESCR]:P'rZON Proposed amendments to the Zoning Regulations to restrict "Self-storage" uses to the M-1 l~ndustrial zoning district Agent: City of Boynton Beach Location: C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zoning districts city-wide BA~;KGROUND In 1998, Policy 1.16.1 of the Comprehensive Plan's Future Land Use Element was amended to allow "self service storage fad/it/es (//m/ted-access mini-warehouse only)" in the Office Commercial land use classification. According to the staff report accompanying the amendment, corresponding amendments were to have been made to the Local Retail Commercial land use classification to specifically exclude the//m/ted-access mini-warehouse self-storage fac/I/t/es use and to coincide with the code amendments described below. Corresponding amendments to the Land Development Regulations were adopted with Ordinance No. O98-31. These amendments were requested as part of a plan to construct a building for a Stor All storage business at Old Boynton Road and Knuth Road. A recent interpretation of these code amendments led to the submittal of an application for a limited-access facility for a property zoned C-3, contrary to the original intent of the amendments to only allow this new type of storage use within the C-1 or M-1 zoning districts. To halt any further applications for storage uses contrary to the intent of the code, the city issued a Notice of Intent (NO]~) on August 6, 2002. This NOI facilitates the temporary (6-month) halt on new applications for storage uses while the Land Development Regulations are examined, appropriate amendments proposed, and review conducted by the City Commission Page 2 CDRV 02-004 Limited-Access Self-Storage (see Exhibit "A'~. From this review, legal staff has concluded that the original intent of the amendments to the Land Development Regulations created an "upside-down" zoning structure in which the most restrictive zoning district allows for a use which is not allowed in less restrictive commercial districts (see Exhibit "B"). Prior to these amendments, the code allowed self-storage uses only in the C-4 and M-1 zoning districts. Since the C-4 zoning district exists along the N. Federal Highway Corridor, where a redevelopment plan recommends against automobile- dependant uses, staff therefore recommends that storage uses be prohibited in the C-4 district as well. NATURE OF REOUEST Staff is proposing changes to Chapter 2, Section 6, A (Office and Professional Commercial District), Section 6, B (C-2 Neighborhood Commercial District), Section 6, C (C-3 Community Commercial District), and Section 6, D (C-4 General Commercial District) to specifically prohibit both "limited access mini-warehouse", and "self service storage facility" uses. Furthermore, corresponding changes are necessary to Chapter 2.Section j.j..O. SELF SERV]~CE STORAGE FACI~UTiES (M]~NI-WAREHOUSES) to remove references to the C-! Zoning District. These changes would then limit multi-access and limited-access storage facilities to the N-J., Industrial zoning district. ZMPACTS Staff has conducted a field survey to determine the impact of the proposed changes on existing self-service storage facilities in the city. There are currently eight existing facilities, and one recently approved but undeveloped limited access self-storage facility. Only three of these would become non-conforming with adoption of the recommended amendments. These three include: (1) Public Storage, 3000 N. Federal Highway (north of Gulfstream Blvd.) zoned both C- 3 and C-4 zoning, (2) Stor All, Ltd., 3400 Old Boynton Road zoned C-1, and (3) Victoria's Closet (approved), 3602 N. Federal Highway (south of Old Dixie Hwy.) zoned C-3. Following adoption of the proposed changes, self-service storage facilities may only be approved in the M-1 industrial zoning district. The above-described uses could continue operating as legally non- conforming uses with the only limitation being expansions or improvements as described by the Land Development Regulations, Chapter 2. Zoning, Section 11.1, (D) and (G). RECON MEN DA'ri:ON Staff recommends the adoption of the proposed amendments to the land development regulations as the minimum changes necessary to prohibit the limited access mini-warehouse use in the C-J. Office/Professional Commercial, C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zoning districts; to restrict the combination of multi- access and limited-access storage facilities to the N-J. Industrial zoning district; and to amend the supplemental regulations governing SELF SERVICE STORAGE FACTL~-I'~ES (MINI- WAREHOUSES) to remove all references to the C-! Office/Professional Commercial zoning district. The ultimate code amendments preferred could be processed in ordinance form in February or March of 2003. Exhibits S:\PLANNING\HUDSON\CODE REVIEWS CDRV~LIMITED ACCESS SS\STAFFREPORT2-2002.DOC CITY OF BOYNTON BEACH AFFECTED AREAS VII.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM B.1 AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January21,2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) [] Admimstrative [] Development Plans .[~ Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award RFP #017-1410-03/KR to CREDITEClt for the "COLLECTION AND REPORTING OF THE CITY OF BOYNTON BEACH DELINQUENT ACCOUNTS" at a commission rate of 20% of collected funds. CONTRACT PERIOD: JANUARY 21, 2003 TO JANUARY 20, 2006 EXPLANATION: On December 11, 2002 Procurement Services received and tabulated one (1) proposal for the RFP for collection of delinquent accounts. Creditech's proposal was responsive and responsible to the needs for collection services. Their qualifications as a collection agency, experience in working with governmental entities, and having a regional office conveniently located in Delray Beach were considerations for the recommended award. The commission rate of 20% is associated to actual collections and there are no placement fees. Creditech had received the previous RFP award for collection services back in January 1998. Since that time Creditech has developed an excellent working relationship with the City throughout the contract period, and they are knowledgeable in the use of key personnel for the different types of collections. This has set up a favorable network of communications for collection services. This is a three (3) year award with provision to renew for two (2) additional one-year periods at the same terms, conditions, and prices, subject to vendor acceptance, satisfactory performance and determination that renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this Request for Proposal is to obtain the services of a responsible proposer for collection and reporting relative to the collection of the City's delinquent accounts including: unpaid final utility bills, false alarm fines, bad checks, itt clearing charges, and fire inspection fees. FISCAL IMPACT: The collection service allows the City to have the potential of recovering a net 80% return of the uncollected accounts. Creditech retains 20% only on funds collected. S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Deputy Director ~f'Fin-ancial Servi Procurement Services Department Name City Manager's Signature City Attorney / Finance / Human Resources cc: Diane Reese - Financial Services Peter Mazzella - Utilities Department S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH FINANCIAL SERVICES PROCUREMENT SERVICES DIVISION December 30, 2002 MEMORANDUM TO: Carol Doppler, Senior Buyer Procurement Services Division THUR: FROM: Diane Reese, Director ~ Department of Financial Services Bill M. Atkin~eputy Director Department of Financial Services SUBJECT: Award of RFP #017-1410-03/KR, "Collection and Reporting of the City of Boynton Beach Delinquent Accounts" It is my recommendation that Creditech be awarded RFP #017-1410-03/KR for the "Collection and Reporting of the City of Boynton Beach Delinquent Accounts". This is a three-year award effective January 21, 2003 through January 20, 2006. The RFP has provision to renew for two (2) additional one-year periods at the same terms, conditions, and prices, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Creditech has provided collection services for the City's delinquent accounts since January 1998. This collection agency has done an excellent job considering the extreme delinquency of the accounts the City sends for collection. They have also developed a favorable network of communications by using key personnel for the different types of collections (i.e., utility billings, false alarms, Iow mowing, roll-off dumpsters). In addition, Creditech has excellent qualifications as a collection agency, experience in working with governmental entities, and has a regional office conveniently located in Delray Beach. The proposal rate of 20% is consistent to the rate in previous years and only applies to actual funds collected with no placement fees. I recommend the award to Creditech as being the most responsive, responsible proposal for the collection of delinquent accounts. d? D ri l T 4? l.I Bill Atkins City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 Thursday, December 19, 2002 RE: City of Boynton Beach RFP #017-1410-03/KR Dear Bill, Pursuant to our phone Conversation this morning, this letter will confirm that the collection contingent fee proposed in the above captioned document pertained to the mechanics of the City utilizing an ordinance to authorize the add-on fee to the delinquent of 30% in addition to the delinquent account balance. The computation of actual charges then retained by CREDITECH would be 23.07% so the City would receive the full amount of any amount owed by a debtor. As discussed, should the City decide to continue under the existing arrangement of subtracting our fee from the total amount due by any delinquent our contingent fee would remain the same at 20%. Please contact me if I may be of any further assistance. Sincerely, Account Representative P.O. Box 99, Bangor, PA 18013-0099 800-555-5695 610-588-2338 VII.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEAd AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business c-~ ~ ~:~ [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report --o RECOMMENDATION: Motion to approve CHANGE ORDER #8 to CONSTRUCTION TECHNOLO~ the amount of $29,700.00 for the BOAT CLUB PARK AND SITE IMPROVEMENTS PROJECT, BID~r0'77-~t~- 01/CJD. EXPLANATION: Change Order #8 is to perform additional rock excavation due to unanticipated rock presence in marina, and install additional piling due to change in aluminum dock configuration. There are three (3) items related to Change Order #8 as shown below: Installation of Boat Ramp Pilings (Additional labor and equipment due to rock substrate and 36" to 42" layer #57 rock under boat ramp mats). $ 20,113.00 2. Additional piling required due to changing to aluminum dock frames 2,419.00 Additional for rock punching for original dock pilings, not including Boat Ramp Piles. 7~168.00 Total $ 29,700.00 Summary of Change Orders for Boat Club Park Renovations and Site Improvements Project: Original Contract: Change Orders Nos. 1-4 Change Orders Nos. 5-7 Change Order No. 8 $ 944,575.00 22,013.00 11,863.00 29~700.00 (Commission approved April 2, 2002) (Commission approved August 6, 2002) Total Revised Contract Price: $1,008,151.00 PROGRAM IMPACT: This change order will allow for the additional unanticipated rock excavation for the boat ramps, and the additional pilings due to change in aluminum dock configuration. S:~BULLETIN'~ORMSX~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Funds will be transferred from CIP in the amount of $29,700 to the Boat Club Grant to cover this expense. Account Description Parks Improvement Account Number 105-3254-513-63-05 - ISeputy Director of Financial ~rrvice Procurement Services Department Name Amount $ 29,700.00 City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETINLFORMSLa~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF CHANGE ORDER NO. 8, BETWEEN THE CITY OF BOYNTON BEACH AND CONSTRUCTION TECHNOLOGY, INC., IN THE AMOUNT OF $29,700.00 FOR ADDITIONAL UNANTICIPATED ROCK EXCAVATION FOR THE BOAT CLUB PARK AND SITE IMPROVEMENTS PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this Change Order No. 8, is to perform additional rock excavation due to unanticipated rock presence in the marina, and to install additional piling due to a change in aluminum dock configuration; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize the City Manager to execute Change Order No. 8 with Construction Technology, Inc., in the amount of $29,700.00, for the Boat Club Park and Site Improvements Project, Bid #077-2413-01/C JD. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk (Corporate Seal) Commissioner Commissioner Commissioner S:\CA\RESO~Agreements\Task - Change Orders\Change Order No. 8 - Boat Club Park.doc Planning & Design Change Order Owner Architect Consultant Contractor Field Other Philadelphia Coral Gables Dallas Lake Placid San Diego San Francisco Project: Change Order No.: #8 Boat Club Park Renovation Boynton Beach, FL 33425 Date of Issuance: 12/18/02 Architect's Project No.: 001997 Owner: Contract Dated: 9/19/01 City of Boynton Beach Contract For: $944,575 To Contractor: Architect: Construction Technology Inc. P.O. Box 16576 West Palm Beach, FL 33416-6576 Wallace Roberts & Todd, LLC 191 Giralda Avenue, Penthouse Coral Gables, FL 33134 The Contract is Changed aa Follows: Perform additional rock excavation due to unanticipated rock presence in marina. Install one additional piling due to change in aluminum dock configuration. Item #1 Item #2 __ Installation of Boat Ramp Pilings (Additional labor and equipment due to rock substrata and 36" to 42" layer #57 rock under boat ramp mats.) Additional Labor and Equipment Required for Installation of 9 Pilings: Barge & 3 Man Crew for 9 Days @ $1,600.00/day $14,400.00 Rental Crane 8,309.00 Rental Auger- 1 Week 1,393.00 Labor - 3 Additional Men - 6 Days - 144 Man Hours @$24/hr. 31456.00 Net Additional Cost 17,958.00 Plus 12% O.H & P. + 2,155.00 Net Add Item #1 $20,113.00 __ Additional piling required due to changing to aluminum dock frames (2 pilings at South Fixed Pier. Material (4 - 12"x12"x20' pilings at $7.00 per L.F.) Labor & Equipment: I day at $1,600 per day Subtotal Plus 12% O.H & P. Net Add Item #2 $ 560.00 1,600.00 2,160.00 +259.00 $2,419.00 Item #3 Additional for rock punching for original dock pilings (24 ea.), not including Boat Ramp Piles (See Item #1 .) Original estimated productivity for installation - 6 pilings per day - 4 days. Actual time required for piling installation - 8 days 4 Additional Days at $1,600 per day $ 6,400.00 Plus 12% O.H & P. +768.00 Net Add Item #3 $ 7~168.00 TOTAL $29,700.00 (Refer to Page 2 of 2 for approval signatures. Wallace Roberts & Todd, LLC ].g]. Giralda Avenue, Penthouse Coral Gables, FL 33].34 305.448.0788 www. wrtdesign.corn fax 305.443.8431 Page 1 of 2 Attachments: None The original Contract Sum was $944,575. The net change by previously authorized Change Orders $33,876. The Contract Sum prior to this change order was $978,451. The Contract Sum will be increased by this Change Order in the amount of $29,700. The new Contract sum including this change Order will be $1,008,151. The Contract Time will be Unchanged. The date of Substantial Completion as of the date of this Change Order therefore is Unchanged. Wallace Roberts ~ Todd, LLC Ar~c/l~itect~ f'~ ~ ~r~.~. (Signature) Kevin [~. Miqht, ASLA Construction Technoloqy, Inc. Contractor (Signature) City of Boynton Beach Owner (Signature) by Date Page 2 of 2 TO: FROM: DATE: RE: DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 03-002 Bill Atkins, Deputy Director Finance/Purchasing Agent Bill DeBeck, Project Manager~~ January 2, 2003 BOATCLUBPARK -CHANGEORDERi~t8 RECEIVED JAN 0 3 2003 Attached is Change Order #8 for additional work performed at Boat Club Park by the contractor Construction Technology Inc. As noted in Items 1-2, subsurface conditions required the use of extra labor and equipment to drive the concrete pilings for the dock system. Item 3 is for additional pilings needed to meet the reconfigured dock layout required by DEP for their permit. Total cost is $29,700.00 as approved by Wallace Roberts & Todd and their consultant Sun-Tech Engineering, Inc. This is the final change order for this project. Please process for Commission approval. WMD/ck S:\EngJneering\Csd\DeBeck\Boat Club Park\Change Order #8, memo to B. Atkins 1-02-03.doc VII.-CONSENT AGENDA CITY OF BOYNTON BEACi ITEM C.1 AGENDA ITEM REQUEST FO Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] JanuaD' 2 I, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (No~R~ January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon)~ ~. [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve Task Order No. 01-06 by Resolution, in the amount of $ 82,959.00 to Metcaif & Eddy for the Surf Road Area Water Main Replacement Project. Task Order No. 01-06 is for Bidding and Construction Phase Services for upgrading of water mains and services in the project area, an unincorporated area adjacent to the Town of Ocean Ridge. EXPLANATION: At the Commission meeting of June 18, 2002, Task Order No. 01-05 was approved for the preliminary design and engineering services for upgrades to include approximately 3,600 linear feet of 6' and 800 linear feet of 8" ductile iron water mains, eleven (11) fire hydrants, up to 75 water service connections, and restoration of roads to their original condition with the exception of minor swale grading and asphalt replacement. Metcalf & Eddy has completed the required 30% design documents to allow the City to bid the project as a "design/build" construction package. In the "design/build" construction package, as outlined in the new task order, Metcalf & Eddy will be responsible for supporting the City through contract administration, bidding services, construction site inspections for the duration of the project, review of design documents submitted by the contractor, f'mal inspection and acceptance of the project. These services require the assignment of a Resident Project Representative (RPR), or full-time project inspector for the duration of the project. The RPR will be provided by Metcalf & Eddy, accounting for a substantial amount of the total Task Order. S:~BULLETIN~FORMS~G~DA II'EM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The Surf Road Area Water Main Replacement Project is intended to improve the quality and quantity of water delivery, correct the deficiency of flow and to raise the current level of fire protection. By using the 30% design documents completed by Metcalf & Eddy, the project can move forward to solicit bids for final design and construction implementation. FISCAL IMPACT: Funds are available in Utility Account No. 407-5000-590-96-02 (WTR054). The consultant fee is based on previously agreed rates set forth in the Utilities Department General Agreement for Professional Services with Metcalf & Eddy, dated November 13, 2000. The number of hours required for these services were negotiated with Metcalf & Eddy through the Utilities Sr. Project Manager. ALTERNATIVES: The existing water mains are small diameter, galvanized pipe and need to be upgraded to provide better service in the project area. City Manager's Signature Utilities/Project Management Department Name City Attorney / Finance / Human Resources /ktr Attachment bc: Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Bob Kenyon, Deputy Utilities Director Barb Conboy, Utilities Manager File S:\BULLETIN~FORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A TASK ORDER NO. 01-06 FOR METCALF & EDDY, IN THE AMOUNT OF $82,959 FOR THE SURF ROAD AREA WATER MAIN REPLACEMENT PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this project is to provide Phase I, preliminary design and engineering services for the upgrading of water mains and services in an unincorporated area adjacent to the Town of Ocean Ridge; and WItEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve a Task Order for Metcalf & Eddy., for the Surf Road Area Water Main Replacement Project in the amount of $82,959, for the upgrading of water mains and services in the project area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of Task Order No. 01-16 for Metcalf & Eddy, in the amount of $82,959. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: City Clerk caXreso~agreements\Change Order - Metcalf & Eddy Commissioner TASK ORDER #01-06 December 12, 2002 FEE PROPOSAL AND SCOPE OF SERVICES CITY OF BOYNTON BEACH B1D PHASE AND CONSTRUCTION SERVICES FOR SURF ROAD AREA WATER MAIN REPLACEMENT Bacl~round It is the general intent of this scope of services to provide bid phase and construction services associated with the upgrading of water services in an unincorporated area adjacent to Ocean Ridge known as the Surf Road Area. The project area lies in an unincorporated pocket (approximately 17 acres) of Palm Beach County and currently obtains water and sanitary sewer services from the City of Boynton Beach (City). The project area is defined as: · Briny Breezes Boulevard on the north, · Surf Road to the south, · Old Ocean Boulevard, Streamaire Lane, and Coquina Road on the east, · North Ocean Boulevard (.MA) on the west, and · North, Center, South, and East Lane area. Metcalf & Eddy has prepared 30% design and bid documents for the project area. The City will use the design documents to solicit bids for final design and construction implementation of the project. The scope of services presented herein represents Metcalf & Eddy's efforts in supporting the City during the bid and construction phases of the project. SCOPE OF SERVICES PHASE I: 1.0 Project Management 1.1 Management Project Management activities comprise contract administration, coordination of project staff, monitoring of progress and project costs throughout the project duration. 1.2 Project Meetings M&E will attend meetings with representatives of the City as part of this project, as follows: a. Pre'bid meeting b. Bid opening c. Two design review meetings at the 60% and 90% completion levels d. A preconstruction meeting e. Four monthly construction progress meetings (not including RPR weekly meetings) f. Project closeout M&E will record and distribute meeting minutes for all meetings in items c-f. 2.0 Bidding Services In this phase, M&E will provide engineering services during the bidding and award of the project for one bid package. The following tasks are anticipated: 2. 3. 4. 5. 6. 7. 8. 9. Bid advertisement to be posted by the City. Provide Bid Documents to the City in hard copy and electronic format Issue project manuals to two plan review rooms Charge for and distribute project manuals. Develop and issue one Addendum if required. Conduct a pre-bid conference. Respond to prospective bidders' written inquiries. Assist the City in evaluation of bids. Make recommendations to City regarding award of bid. 2 3.0 Construction Services M&E will provide construction services outlined below for the duration of the project through Final Completion. Services are described as follows: 3.1 Preconstruction Meeting M&E will conduct the preconstruction meeting between the City and the Contractor to assist in explaining construction administration procedures. M&E will record and provide meeting minutes. Fees are included in 1.2. 3.2 Technical Se~ces During this phase, M&E shall employ a Resident Project Representative (RPR) to be on site for the construction duration - 17 weeks (85 working days). This proposal includes funding of a RPR for a maximum of 40 hours per week during the duration of construction. The duties to be performed by the RPR shall consist of: · observation of construction activities, · -review of workmanship, · monitoring the progress of construction and compliance with the intent of design, and · maintaining one set of marked construction drawings reflecting field changes to aid in the preparation of record drawings, · maintain logs of construction activity, · develop weekly reports, · attend weekly progress meetings with contractor, · assist in reviewing pay estimates, review record drawings, and · review and assist in negotiating change orders. 3.3 Contractor Submittals M&E's review of required Contractor submittals will consist of the following activities: 1. Review 60% Design Documents package. M&E will provide a written opinion on our review for the submittal. 2. Review 90% Design Documents package. M&E will provide a written opinion on our review for the submittal. 3. Review 100% Design Documents package. M&E will provide a written opinion on our review for the submittal. 4. Review up to two (2) sets of shop drawings submitted by the Contractor to determine general conformance to the design concept 3 4.0 and the project manual. M&E will provide a written opinion on acceptance status for each set submitted. Review Contractor pay requests on a monthly basis and provide written recommendations. Seven (7) requests are estimated. 3.4 Proposed Change Orders M&E will review up to two (2) change orders submitted by the Contractor. Review will address conformance to original design concepts and cost- effectiveness. M&E will evaluate requested price changes and time extensions for proposed change orders and make recommendations to the City in writing. 3.5 Substantial Completion/Final Acceptance Key members of M&E's team will conduct a final inspection for the work with the City's representatives and the Contractor and provide written recommendations to the City for acceptance of the work. Basis of Estimate No permitting services by M&E are included in this scope or budget. Front end documents will be provided by the City for use in the Bid Documents. The resident engineering budget is based on a 120 calendar day time frame (85 working days) for a contractor to perform the work to substantial completion. Final completion will be two weeks later. Work hours for the contractor will be 40 hours per week, Monday through Friday. Additional hours worked (evenings or weekends) requiring presence of the Resident Project Representative (RPR) will be compensated with overtime rates. Compensation for work in this proposal will be based on a time and materials method of payment for all phases as described in Appendix B, Section 6a of the General Agreement. PROJECT SCHEDULE The following project schedule has been developed in accordance with the Bid Document requirements of the prospective Contractor: 1) 2) 3) 60% Construction Documents for City Review: within 45 calendar days of Notice to Proceed 90% Construction Documents for City Review: within 20 calendar days of receipt of 60% comments from the City. 100% Construction Documents for City Review: within 10 calendar days of receipt of 90% comments from the City. 4 4) 5) Submit for Permitting within 15 calendar days of receipt of 90% comments from the City. Substantial Completion of Construction: within 120 calendar days of date of receipt of final permit being received. Please note that M&E has no control over the executed schedule. PROJECT TEAM The project team will be led by Mr. Mark Blanchard who will act as principal-in-charge. M&E's project manager will be Mr. James G. Penkosky, P.E. The use of subcontractors is not anticipated. COMPENSATION M&E proposes to perform the tasks outlined for a time and materials not to exceed sum amount of $82,959. A cost estimates is attached to present a breakdown of fees and hours per task and is included as Attachment 1. The cost estimate is summarized below. Task 1 - Project Management and Meetings Project Management Meetings Task 2 - Bidding Services Task 3 - Construction Services RPR Other Services Totals Labor ODCs Total $ 4,752 $ 111 $ 4,863 5,396 219 5,615 2,314 334 2,948 2,655 272 57,000 59,655 9,906 10,178 $79,368 $3,591 $82,959 5 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Date: Approved as to Form: City Attorney SUBMITTED BY Metcalf& Eddy, Inc. By: M~ark S. B1--'~"~~dent Date: ~ 6 ATTACHMENT 1 COST ESTIMATE Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January7, 2003 [] January 21,2003 VII.-CONSENT AGENDA ITEH C.2 CITY OF BOYNTON B] AGENDA ITEM REQUES' Date Final Form Must be Turned in to Cit3' Clerk's Office Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetim, Dates November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Recommend approval of a resolution releasing the Letter of Credit for Tuscany on the Intracoastal (Building Permit No. 00- 4319) of $16,929.00 (Sixteen Thousand Nine Hundred Twenty Nine Dollars). EXPLANATION: Attached please find correspondence from Continental Homes of Florida requesting a release of the Letter of Credit (Exhibit "A"), a copy of the original Letter of Credit (No. 562451-04) fi.om Comerica Bank of Detroit Michigan (Exhibit "B"), a copy the current extension notice for the original letter of credit (Exhibit "C"), and a copy of the Resolution No. 01-209 reducing the original letter of credit by 95% for the one year warranty period (Exhibit "D"). The Developer has completed his one year warranty period with no deficiencies noted. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A I x- ~,_,) ~/'Jet~y'R. Livergood, P.E. Cit~Manager's Signature Public Works/Engineering Department Name City Attorney / Finance / Human Resources J:XSHRDATA~Engineering~&ogan~Surefies\Tuscany Agenda Request.dot RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE SURETY FOR THE PROJECT KNOWN AS TUSCANY ON THE INTRACOASTAL, AND RETURNING THE LETTER OF CREDIT (NO. 562451) FROM COAMERICA BANK TO THE DEVELOPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel previously submitted a Letter of Credit in the amount of $338,580 as surety for excavation and fill for this site, which was reduced by Resolution No. 01-209, holding $16,929 (5%) for a one year warranty period; and WHEREAS, the Developer has completed this one year warranty period with no deficiencies noted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves a full release of the surety for the project known as Tuscany on the Intracoastal and return of the existing letter of credit (No. 562451) from Coamerica to the Developer. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S :\CA~RESO\Letters of CreditXFull Release Tuscany Letter of Credit 010908.doc ALTMAN DEVELOPMENT CORPORATION Exhibit December 6, 2002 via TELECOPIER Ms. Laurinda Logan City of Boynton Beach Buiiding Department 100 East Boynton Beach Boulevard Boynton Beach, Flodda 33425-0310 Phone (561) 742-6482; Fax (561) 742-6285 Re: Tuscany on the Intercoastal at US1 and SE 23rd Avenue, Boynton Beach, Flodda Comerica Bank Letter of Credit 562451 Dear Laudnda: Please accept this correspondence as a follow-up to our previous request for the immediate release of our Letter of Credit #562451. Please note that all work at the Tuscany site, including the final Certificate of Occupancy, has been achieved. I trust that this correspondence will prove sufficient for its intended purpose. If additional information is required, please advise us immediately. Thank you for your attention to and consideration in this matter. Sincerely, ALTMAN DEVELOPMENT CORPORATION ~~ pR~rh n R;~sGi~e°dn;el'°~ Attachment: City of Boynton Beach letter dated 3-13-02 cc: Bob Rush w:tuscany/city of boyntordcorresp/constr/Ioc release request 12_6_02.doc 2201 Corporate Blvd. N.W., Suite 200, Boca Raton, Florida 33431 (561) 997-8661 Fax (561) 997-8706 DEPARTMENT OF ENGINEERING MEMORANDUM NO. 00-181 TO: Diane Reese, Finance Director FROM: John A. Guidry, Interim Director of Engineering DATE: December 6, 2000 BAY VISTA LETTER OF CREDIT FOR EXCAVATION & FILL PERMIT Exhibit "B" Page 1 of 3 Attached is the original Irrevocable Standby Letter of Credit No. 562451-04 issued by Comerica Bank of Detroit, Michigan in the amount of $338,580.00 for the above referenced permit. Please hold for safekeeping until released by Commission resolution. JAG/ck Attachment: Letter of Credit C:XMy Documents~Bay Vista Letter of Credit for Ex. & Fill Permit. doc TELEX: 3772134 MNB [NTL DET SWIFT: MNBD US 33 FAX : (313) 222°9324 Exhibit "B" Page 2 of 3 Levee ~ Credit COMERICA BANK ONE DETROIT CENTER 500 WOODWARD AVENUE 24TM FLOOR, MC 334l DETROIT, MI 48226-3341 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 562451-04 BENEFICIARY: CITY OF BOY'NTON BEACH DEPARTMENT OF DEVELOPMENT 100 E. BOY'NTON BEACH BLVD. BOY'NTON BEACH, FLORIDA 33425 DATE OF ISSUE: NOVEMBER 30, 2000 WE HEREBY OPEN OUR CLEAN IRREVOCABLE STANDBY LETTER OF CREDIT NO. 562451-00 IN YOUR FAVOR, FOR ACCOUNT OF ALTMAN DEVELOPMENT CORPORATION, 2201 CORPORATE BOULEVARD, N. W., SUITE 200, BOCA RATON, FL 33431 FOR THE SUM OF THREE HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED EIGHTY DOLLARS (USD$338,580.00) AVAILABLE BY YOUR DRAFT(S) AT SIGHT ON COMERICA BANK, 500 WOODWARD AVENUE, DETROIT, MICHIGAN 48226-334 l, WHEN ACCOMPANIED BY: A WRITTEN &TA~MEN~.~IGNED BY. ONE PURRORTING TO BE AN A~UTHORIZED O~FICIAL OF THE CITY OF BOYNTO~H, DE -~"~,~T O~ DE~~T, S~ TO~F~ A N~Y P~C, STA~G BY COME~ANK ~ D~E BY ~ASON ~-~SCANY :~C6A~, LTD7S F~ ~~LE~ ~ EXCAVATION AND F~L ~G TO ~STO~ ~ S I~ SHOED ~ ~ED ~SE PER ~ ~QUI~TS FOR ~SCA~ ~COASTAL, L~.'S BAY VISTA PRO. CT ~ BORON BEACH FLO~DA, AS SHO~ BY :0, 000 PARTIAL DRAWINGS ARE NOT PERMITTED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (I) YEAR PERiODS FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST NINETY'(90) DAYS PRiOR TO SUCH EXPIRATION DATE YOU ARE NOTIFIED BY REGISTERED LETTER OF OVERNIGHT COURIER SERVICE THAT WE ELECT NOT TO CONSIDER THiS LETTER OF CREDIT RENEWED FOR ANY SUCH PERIOD. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. THE DESIGNATED AGENT WITHIN THE STATE OF FLORIDA FOR ACCEPTANCE OF PROCESS ON BEHALF OF COMERICA BANK IS OUR OFFICE LOCATED AT I00 N E THIRD AVENUE, SUITE 200, FT. LAUDERDALE, FLORIDA 33301. ALL DRAFTS DRAWN UNDER THiS CREDIT MUST BE MARKED "DRAWN UNDER COMERICA BANK'S LETTER OF CREDIT NO. 562451-04.' THIS ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS THERETO MUST BE SUBMITTED TO US TOGETHER WITH ANY DRAWINGS HEREUNDER FOR OUR ENDORSEMENT OF ANY PAYMENTS EFFECTED BY US AND/OR FOR CANCELLATION CONTINUED ON PAGE 2) TELEX: 3772134 MNB INTL DET SWIFT: MNBD US 33 FAX : (313) 222-9324 Exhibit "B" Page 3 of 3 I -~'er O~ Credit COMER/CA BANK ONE DETROIT CENTER 500 WOODWARD AVENUE 24TM FLOOR, MC 3341 DETROIT, MI 48226°3341 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 562451:04 NOVEMBER 30, 2000 PAGE 2. WE ENGAGE WITH YOU THAT EACH DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON DELIVERY OF THE DOCUMENTS AS SPECIFIED IF PRESENTED AT THIS OFFICE LOCATED AT ONE DETROIT CENTER, 500 WOODWARD AVENUE, 24m FLOOR, DETROIT, MICHIGAN 45226-3341 ON OR BEFORE AUGUST 31, 2001 OR ANY AUTOMATICALLY EXTENDED DATE. x~URS VERY ~RL~] / // ORiGiNAL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-065 Exhibit "C" Page 1 of 3 TO: FROM: DATE: RE: Diane Reese, Finance Director Laurinda Logan, Civil Engineer/L~-~- April 1, 2002 TUSCANNY ON THE INTRACOA-~TLLAI/. (FORMERLY KNOWN AS BAY VISTA) LETTER OF CREDIT FOR EXCAVATION 8, FILL PERMIT EXTENSION OF EXPIRATION DATE Attached is a notice extending the expiration date of the original Irrevocable Standby Letter of Credit No. 562451-04 issued by Comerica Bank of Detroit, Michigan for the above referenced project (note correspondence attached). Please hold for safekeeping until released by Commission action. LL/ck Attachment C:~ly Documents\Bay Vista (NKA Tuscanny on the Intracoastal}- Notification of Expiration Date Extension for LOC.doc Exhibit "C" Pa~e 2 of 3 TELEX: 3772134 MNB INTL DET SWIFT: MNBD US 33 FAX: (313) 222-9324 COMERICA BANK ONE DETROIT CENTER 500 WOODWARD AVENUE 24TM FLOOR, MC 3341 DETROIT, MI 48226-3341 MARCH 27, 2002 CITY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT 100 E. BOYNTON BEACH BLVD. BOY'NTON BEACH, FL 33425 RE: LETTER OF CREDIT NO. 562451-04 APPLICANT: ALTMAN DEVELOPMENT CORPORATION GENTLEMEN: IN ACCORDANCE WITH INSTRUCTIONS RECEIVED FROM OUR CUSTOMER, WE ARE RESCINDING OUR NOTICE OF NON-RENEWAL DATED MARCH II, 2002, SENT TO YOU VIA OVERNIGHT COURIER MAIL ON SAME DATE. OUR LEaF CREDi~,~S THE~O~ B.~kUTOM~TICALI~E~TENDED FRR ANOT~R ONE YEA~PE~OD TO ~ EXP~Y DA~OF ~3NE 19,1003 ANI~HI AUTOMAC RENE~AL VERY TRULy YOURS, CC: CYNTHIA VAN NECK MC 3255 CC: ALTMAN DEVELOPMENT CORPORATION 2201 CORPORATE BLVD N.W. SUITE 200 BOCA RATON, FL 3343 i Exhibit "C" Page 3 of 3 MJM TELEX NO: 3772134 MArS INTL DET FA~ NO: 313 222 9115 SWIFT: M1TBDUS33 BENEFICIARY: CITY OF BOYI~TON BEACH DEPARTMENT OF DEVELOPMENT 100 E. BOY1TTON BEACH BLVD. BOY1TTON BEACH, FL 33425 COMERICA BANK ONE DETROIT CENTER (MC3341) 500 WOODWARD AVENI/E, 24TH FL. DETROIT, MI 48226 COMERICA BANK'S LETTER OF CREDIT NO. 562451 -04 AMOUNT: USD 16,929.00 GENTLEMEN: PLEASE BE ADVISED THAT THIS LETTER CONSTITUTES OUR FORMAL NOTIFICATION OF NON RENEWAL OF THE ABOVE REFERENCED LETTER OF CREDIT. WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR A/FY SUCH ADDITIONAL PERIOD. CONSEQUENTLY THIS LETTER OF CREDIT WILL EXPIRE ON 06/19/02. VERY TRULY YOURS, /AUTHORI ~ED S IGNATO~ CC: CYNTHIA VANNECK MAIL CODE: 3255 A~PLICART: ALTMAN DEVELOPMENT CORPORATION 2201 CORPORATE BLVD N.W. SUITE 200 BOCA RATON, FL 33431 Exhibit "D" Page 1 of 2 RESOLUTION NO.. RO1- A RF_~OLUTION. OF THE CITY COMMISSION. OF CITY OF BOYNTON BEAC~ FLORIDA ALri/qORIZIN-.~-A REDUCTION rN. THE LETTER iOF CR~Drr ISSUED BY COM~. PJCA BANK ~No. 562451- 0~oR ms PRo~ ~OWN ~ ~SC~ pN ms.. mTr~CO~. 0:om~E~L¥ BAY Fi~.0M $:~3'8i587 TO '$16,929; AND PP, OVIDtNG EFFECTIVE~DATE. Wlq~F~S,~ ~¢ d~¢loper.of this parcel, previously submitt~ a Letter of Cr~lit ~¢ amount of~'r~-38,580 as au~oty for ~xcavation and fill for this site;land Wl~RE.~i8, th¢...de~ig~ ¢onaultam for tho proj~t, S¢i~mrs Engi~o:a'ing Corpca'afion, has submitte~l ~ification that excavation and fill has i thc approved plans and p~mit~. NOW, T~I~R~FORE, BE IT RESOLVED BY T~F~ CITY COMMISSION OF ~ CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Tl~e 'City Commission of the City of Boynto'ln Beach, Florida, based upon the recommendation of staff, hereby approves a reduction of a Letter of Cr~tit (No. ~6245~-04)) from $338,580 to $16,929. Section 2. That this Resolution shall become effective immediately upon ~assag¢. Exhibit "D" Page 2 of 2 PASSED AND ADOPTED this I~ day of Sun¢~ 2001. CITY O~BOYi~O/W B~CH, FLORIDA ,¢~Omml.q~One~.: ~_TTEST: VTZ.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEAt AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to Citw Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to Cit~ Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorization to execute by resolution Task Order 20 in the amount of $30,490.00 with CH2M Hill for engineering services in the evaluation of replacing a 10" force main that runs from the West Water Treatment Plant and the Platina Development east to Lift Station 801 at the comer of Boynton Beach Blvd. and Lawrence Road. EXPLANATION: The 10" force main is approximately 30 years old and is nearing its useful life expectancy. The department also uses this force main as the secondary source for disposal of reject water from the West Water Treatment Plant when the deep well system is out of service. In the proposed West Water Treatment Plant expansion, the flows of reject waster from the plant are expected to double, which would exceed the capacity of the existing force main. The authorization of Task Order 20 will evaluate the replacement of the existing force main and other potential sources of disposal of the West Water Treatment Plant reject water. PROGRAM IMPACT: This task is required to effectively continue to transport wastewater from our western communities and as a design requirement of the west plant expansion. FISCAL IMPACT: Funding is available in account number 403-5000-590-96.04, SWR088, in an amount not to exceed $30,490.00 for cost associated with Task Order 20. ALTERNATIVES: Continue to operate the existing force main and defer replacement to a future date. The department does not recommend this option. S:\BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST F~ORM DePartment Head's SOgnamre City Manager's Signature Department Name City Attorney / Finance / Human Resources Kc: Mark Law Tony Lombardi Barb Conboy S:\BULLETINWORMSLatGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 20 FOR CH2M HILL, INC., FOR ENGINEERING EVALUATION OF BOYNTON FORCE MAIN REPLACEMENT; EFFECTIVE DATE. SERVICES IN THE BEACH BOULEVARD AND PROVIDING AN WHEREAS, task order No. 20 is for engineering services in the evaluation of replacing a 10" force main that runs from the West Water Treatment Plant and the Platina Development east to Lift Station 801 at the comer of Boynton Beach Blvd., and Lawrence Road; and WHEREAS, the 10" force main is approximately 30 years old and is nearing its useful life expectancy; and WHEREAS, the department also uses this force main as the secondary source for disposal of reject water from the West Water Treatment Plant when the deep well system is out of service; and WHEREAS, in the proposed West Water Treatment Plant expansion, the flows of reject water from the plant are expected to double, which would exceed the capacity of the existing force main, and this Task Order will evaluate the replacement of the existing force main and other potential sources of disposal of the Wes Water Treatment Plant reject water; WHEREAS, the City Commission, upon staffs recommendation, has deemed it appropriate, and in the best interests of the public, to approve Task Order No. 20 for CH2M Hill., for engineering services for evaluation of Boynton Beach Boulevard Force Main Replacement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:\CA\RESO~Agreeme~L~Task - Change Orders~CH2M Hill Task order - no 20.doc 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 authorize and direct the approval and execution of Task Order 20 for CH2M Hill, for engineering services for evaluation of Boynton Beach Boulevard Force Main Replacement. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESO~Agreeme~ts~Task - Change Orders\CH2M Hill Task order - no 20.doc Task Order 20 Engineering Services for Evaluation of Boynton Beach Boulevard Force Main Replacement. A. Background An existing force main between the City of Boynton Beach's West Water Treatment Plant (WTP) and Lift Station (LS) 801 is a 30 year old cement-lined cast iron pipe. It appears that the 10-inch diameter line has been installed at a depth of between 3 - 4 feet below land surface and that much of it has been constructed under the travel lanes of heavily traveled Boynton Beach Boulevard. The force main is approximately 5,000 in length, includes a canal crossing, and crosses Military Trail. There are ten other lift stations that discharge into this force main. The force main originates near the Platina development and terminates at a manhole that is part of the LS 801 gravity system. The CITY has experienced failures at various locations along the force main and suspects that hydrogen sulfide gas has deteriorated the top section of the cast iron pipe. While repairs have been made, there is ongoing concern for the integrity of the pipe and for its remaining life expectancy. Additionally, the CITY relies on the force main to discharge reject water from their West WTP during periods when the disposal well is being maintained. To this end, the force main is critical to insure continuous operation of the CITY's West WTP. The services proposed under this task order by CH2M HILL (CONSULTANT) will be engineering services to evaluate the feasibility for a various options for the restoration / replacement of the Platina force main on Boynton Beach Boulevard. CONSULTANT will conduct an hydraulic evaluation of the system to determine its limitations in accepting additional flow potentially provided from modifications to the CITY's West WTP. In addition, CONSULTANT will perform a limited evaluation of alternatives for disposal of concentrate from the West WTP when the deep injection well is unavailable (due to maintenance). B. Scope of Services The specific services to be provided by the CONSULTANT are as follows: Task 1 - Alternatives Evaluation for the Restoration / Replacement of the Platina Force Main The CONSULTANT will develop a set of recommendations to correct the current force main condition described above that will include financial and non-financial parameters. To develop an informed solution, a hydraulic evaluation of the system will be required, which would entail an analysis of the force main and gravity systems. The system to be reviewed will include the Platina force main, the receiving gravity system, and the other lift stations and force mains that tie directly into the Platina force main. A review of the receiving lift station (LS 801) and current operations will be required to confirm that the pumps have sufficient excess capacity to accommodate the additional flow. If the receiving pump station requires upsizing, an hydraulic evaluation of the entire force main network may be required under a separate task order. TA$~ O~O~R 20 t A ranking system will be developed to help determine which method of restoration or replacement would best serve the utility. Factors for each option will include hard costs, technical complexity, permitability, as well as non-cost factors such as potential impact to adjacent community areas. The ranking system will assist the CITY with selecting the best restoration / replacement alternative so the CITY can proceed with correction to the force main and associated systems. The preliminary options that will be evaluated include the following: Lining the existing Platina force main. · Upsizing the existing Platina force main. Installing a new parallel force main along Boynton Beach Blvd. · Installing a new replacement force main along Boynton Beach Blvd. · Installing a new force main along Military Trail. · Open-cut versus directional drilling. · Install a new replacement force main along an alternate route to LS 801. Task 1 includes the following specific elements: · Develop uniform unit costs to be applied to various options to develop probable construction costs for each option. · Examine each of the options presented above and refine the extent of each option with appropriate technical factors. Prepare individual cost estimates for each option. · Review the capacity and hours of operations for LS 801 that includes a series of ten contributing lift stations and the gravity flows. Conduct an hydraulic analysis of LS 801 to determine whether sufficient surplus capacity exists to allow higher use of LS 801 for the reject flows. The hydraulic model planned for this purpose will be similar as previously used with LS 317 and the 356 FM. Apply this information to those options that rely on expanded use of the LS 801 as a means to handle the reject water. · Develop an option ranking system with construction costs as well as non-cost factors that will be used to guide decisions for the recommended solutions. · Assemble and review the options ranking system with CITY staff to develop the final top ranked options list for subsequent refinement. Develop an options ranking display for use by staff for the elected officials. · Prepare and deliver 5 copies of a Summary of Findings Report with comparisons and memorandum to the CITY containing the various options with specific focus on the top three ranked options. The memorandum will outline the technical and non-technical issues for the top three ranked options. The memorandum will also describe the required design tasks needed to implement the top three ranked options. · The CONSULTANT will prepare a "Power-Point" based presentation for staff use to acquaint and inform the community areas that may be affected with the recommended options determined by the ranking system. TASK OROER 20 2 Task 2 - Evaluation of Concentrate Disposal Options During Task 2, CONSULTANT will conduct an evaluation of alternatives for disposal of concentrate from the CITY's West WTP. The back up is necessary to insure continuous operation of the West WTP during periods when the deep injection well is being serviced. This task does not include design or construction of the recommended solution. A similar ranking system as developed for Task 1 will be used to guide the decision process. Factors for each option will include hard costs and technical issues as well as non-cost factors such as potential impact to adjacent communities and traffic, reliability, and controlling authority. The ranking system will assist the CITY in selecting the an alternative that best meets the needs of the utility and public. The disposal options that will be evaluated include the following: · Install a dedicated force main that connects to the primary force main at Congress Blvd. · Discharge the membrane reject to the County's wastewater system. · Construct RO Train $$3 to further reduce the volume of reject water · Construct a new deep injection well for concentrate disposal and backup C. Additional Services CONSULTANT will provide additional services beyond the scope as authorized by the CITY as an amendment or as a separate task order. Additional services may include, but are not limited to, the following: · Civil engineering design or design of options from the ranking system. · Permitting services. · Bid phase services and bid documents preparation. · Services during construction. · Survey and Geotechnical Services related the evaluation of the force main replacement evaluation. · Subsurface exploration and utility locations required to assist in the force main evaluation and to locate points of conflict with existing utilities and proposed options. · Services for a comprehensive hydraulic evaluation (modeling) of the entire gravity system or other systems beyond the LS 801 service area. D. Assumptions The following assumptions have been made in preparing this scope of services and compensation: · The CITY will assist the CONSULTANT and provide applicable information, data and operational information for the evaluation work. TASK ORDER 20 3 The proposed hydraulic model will not be further calibrated or validated beyond that work previously performed on the wastewater system. The hydraulic model will be applied to LS 801 and the ten contributory lift stations and gravity sewers in the LS 801 service area. Other than the Platina force main, the existing piping and station infrastructure are assumed to be in satisfactory condition. The CITY will employ other outside consultants that may be necessary (survey, Geotechnical, or utility verification firms) under separate agreement to the CITY. E. Obligations of the CITY · The CITY will provide the CONSULTANT access to the site. · The CITY will provide the CONSULTANT with system data and flow information to assist in the evaluation of the force main replacement and options under consideration. · The CITY will provide the CONSULTANT with access to scaled plans showing the routes, sizes and fittings for the associated piping. F. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated October 4, 2000, between the City of Boynton Beach, Florida and CH2M HILL, Inc. G. Compensation Compensation by the CITY to the CONSULTANT will be on a lump sum basis in accordance with the Agreement. The estimated compensation for the services described in this Task Order is $30,490. The table below summarizes the estimated costs anticipated for this task order. Table 1 - Task Order 20 Compen~ation Labor Task Description Hours Cost Expenses Total Task 1. Alternatives Evaluation for the Restoration / Replacement of the 247 $21,910 $3,090 $25,000 Platina Force Main Task 2 - Evaluation of Concentrate Disposal Options 48 $4,740 $750 $5,490 Total 295 $26,650 $3,840 $30,490 TASK OROER 20 4 G. Schedule The services to be provided under this Task Order, will be completed within 8 weeks from Notice to Proceed provided by CITY. The Summary of Findings and Recommendations Report will be submitted to the CITY for review within from receipt of the technical and operational information that pertains to the LS 801 service area and system. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Mayor Gerald Broening Dated this .. day of ,200_. SUBMITTED BY: CH2M HILL, INC. M_.,/Vice President, Area Manager Dated t~2__ day of ~i~e~--/,~ ,200~ TASK OROER 20 VII.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) Requested City Commission Meetine Dates Date Final Form Must be Turned in to Cit~ Clerk's Office [] February 4, 2003 January 21,2003 (Noon) [] February l8,2003 February3. 2003 (Noon) [] March 4, 2003 February 18. 2003 (Noon) January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) · [] Administrative [] Development Plans [] Consent Agenda [] New Business . [] Public Heating [] Legal [] Bids [] Unfinished Business -~, [] Announcement [] Presentation '' [] City Manager's Report RECOMMENDATION: Motion to approve and authorization to execute by resolution Task Order//4 with Engineering Consultant, Hartman & Associates, Inc. for an amount of $112,150.00 to prepare an infiltration and inflow program for Master Lift Station 309 basin. EXPLANATION: Hartman and Associates, Inc., has prepared a Task Order with the City of Boynton Beach to plan an infiltration and inflow program that will cost effectively remove extraneous flows from the wastewater system. Master Lift Station 309 is located next to Hester Center and serves the wastewater needs north of the C-16 Canal and east ofi-95. The sub-basins to be evaluated and repaired under this Task Order shall be Lift Station 201,202, 203,303,306 and 310, which encompass approximately 55,000 feet of gravity main and 225 manholes. The target sub-basins are based on the sanitary sewer survey conducted by Metcalf & Eddy dated March 2002. That report identified the target basins that will allow for the greatest reduction of infiltration and inflow within the master lift station 309 system. PROGRAM IMPACT: The goal of this program is to maximize City funds expended on actual repairs to the system, estimate infiltration and inflow reduction based on a payback period, and an estimated annual cost reduction for pumping and treatment of wastewater as a result of these improvements. FISCAL IMPACT: The cost for Task Order g4 is $112,150.00. Funds are available in account g405-5000- 590-96.04, SWR095. ALTERNATIVES: Moving forward with an extensive infiltration and inflow program plus repairs can be extremely costly. The Utilities Depmm~ent is looking at awarding lead contractors based on unit pricing and engineering reports providing data collected for payback period as well as a reduction in treatment costs. S:\BULLETINqeORMS~AGENDA FI'EM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM -"Department Hetty's Signature C~{y Manager's Signature Department Name City Attorney / Finance / Human Resources Xc~ Mark Law Tony Lombardi Barb Conboy S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 4, WITH ENGINEERING CONSULTANT HARTMAN & ASSOCIATES, INC., IN THE AMOUNT OF $112,150.00 TO PREPARE AN INFILTRATION AND INFLOW PROGRAM FOR MASTER LII:T STATION 309 BASIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this Task Order was prepared to plan an infiltration and inflow program that will const effectively remove extraneous flows from the wastewater system; and WHEREAS, Master Lift Station 309 is located next to Hester Center and serves the wastewater needs north of the C-16 Canal and east ofi-95; and WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Task Order No. 4 for Hartman & Associates, Inc., in the amount of $112,150.00, to prepare an infiltration and inflow program for Master Lift Station 309 Basin; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of Task Order No. 4 for Hartman & Associates, Inc., in the amount of $112,150.00, to prepare an infiltration and inflow program for Master Lift Station 309 Basin. Section 2. This Resolution shall become effective immediately upon passage. S:\CA\RESO~Agreements\Task - Change Orders\Change Order - Hartman & Associates.doc PASSED AND ADOPTED this __ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~.TTEST: City Clerk Commissioner S:\CA\RESO~Agreements\Task - Change Orders\Change Order - Hartman & Associates.doc OFFICERS: Gerald C Hartman. EE.. DEE HaroM E. S<hm~dt,Jr, PE.. DEE James E. Christopher. PE. Charles W Drake. PG. Mark A. Rynning. PE. MB.A Michael B Bomar. PE, William D Musser. PE. ~ ~ ~ HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & management consultants Marco H. Rocca. CM.C. . Rodenck K. Cashe. EE. December 9, 2002 Dou~a$ P Du/resn¢, PG. Jon D Fox, EE James E. (~tden. ~y E ~ton. EE. ~d~w T W~c~<k. PE.. MBA. G~t C Malchow M B A. Jo~ P T~mey. PE M~ A Gabriel. Geo~e S. Flint. M EA. Jennifer L.W~. ~E. L.T~d Shaw. ~et A.%~, EE. DEE Jill A H~kins, Damet M NeOn. Malefic C ~vis, EG. B~ S Field. HAI~00-197.06 Mr. Mark G. Law Deputy Utility Director City of Boynton Beach 124 E. Woodbright Road Boynton Beach, FL 33435 Subject: Task Order No. 4 P.S. 309 Basin FI Program Dear Mr. Law: Hartman & Associates, Inc. is pleased to present, in accordance with the Agreement for General Engineering Consulting Services dated November 13, 2000, Task Order No. 4, P.S. 309 Basin FI Program. Attached please find two (2) copies of this Task Order for execution by the City. Once fully executed, please return one (1) copy for our records. Should you have any questions, please call. Sincerely, Hartman &~ Associates, Inc. //19lark A, fGabriel, P.E. Associate Attachment MAG/jern/wordprocd2000/00- ! 97.06/Corr./Law 120902 CC: Charles W. Drake, P.G., I-IAI George S. Flint, HAl Ada Terrero, I-IAI 8211 WEST BROWARD BOULEVARD · SUITE 330 · PLANTATION, FL 33324 TELEPHONE (954) 236-3360 · FAX (954) 236-5601 · w'ww. consulthai.com ORldd~DO FORT ,MYERS PLANTATION JACKSONVILLE DESTIN CITY OF BOYNTON BEACH TASK ORDER NO. 4. PS-309 BASIN I/I PROGRAM December 4, 2002 GENERAL The City of Boynton Beach (City) Master Pump Station 309 service area encompasses the northeast quadrant of the City's service area and is approximately bounded by Hypoluxo Road, the Intracoastal Waterway, C-16 Canal and 1-95. The City retained Metcalf & Eddy (M&E) to prepare a preliminary sewer system evaluation report on this area. This report provided some night flow data and other information concerning the service area. The City has contracted Hartman & Associates, Inc. (I-IAI) to prepare a program that will cost effectively remove extraneous flows from the system, as identified by M&E. The sub-basins to be evaluated and repaired under this task order shall be 201,202, 203, 303, 306 and 310 (approximately 55,000 L.F., 225 manholes). This shall include both inflow and infiltration. The goal of this program is to maximize City funds expended on actual repairs to the City's system, including main lines, laterals and manholes. II. SCOPE OF SERVICES The following services shall be provided by HAI: Ao Prepare contract bid documents, on a unit cost basis, for the selection of a lead I/I contractor(s). The bid form shall include the following items: 4. 5. 6. 7. 8. 9. Pipe cleaning by pipe diameter and degree of cleaning required Pre-Construction, Post-Construction, and Warranty Mainline color video inspection by pipe diameter Lateral color video inspection Joint testing Joint sealing - mainline Lateral sealing Grout, per gallon pumped In-sim point repairs Manhole grouting by the gallon MAG/j~m/wordproc/2000/00-197.m6tTaakOtnkltg4 1 of 4 12/4/02 IlL Co Do Eo 10. Il. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Installation of clean-outs Lateral root treatment Mainline root treatment Manhole rehabilitation - cementous Manhole rehabilitation - epoxy Manhole rehabilitation - HDPE liner Smoke testing Manhole ring and cover reinstalling Manhole ring and cover replacement By-pass pumping Manhole-to-manhole lining Open cut Review M&E report and maps of each sub-basin. Field verify extent and location of gravity sewers. Assist City in collecting night flow data. HAl shall prepare a report of findings that shall include: With the assistance of City staff, a pay-back period for the project. This value will be used in determining the cost effectiveness of repairing each pipe reach or manhole, based on flow (gpm) per foot of pipe within a lift station sub-basin (gpm/foot). 2. Estimated If[ reduction based on pay-back period developed. An estimated annual cost reduction, for pumping and treatment to City as a result of these improvements. After receipt ,of bids, I-IAI shall review for conformance with the contract documents and recommend award. A~er selection of a lead FI contractor, I-IAI shall provide the following services: Evaluate the cost effectiveness, based on contractor provided video tape, of each gravity sewer reach, leaking lateral and manhole for FI reduction. Evaluate each gravity sewer reach for structural problems. HAI shall direct the contractor to make necessary repairs to those lines structurally deemed aa being in need of repair. HAl shall provide a RPR with contractor repair crews to oversee contractor's work and conformance with the contract documents. PROJECT SCHEDULE A. Task A - Prepare Contract Documents MAO/jem/wordl}mC/2000/00-197.m6/TaskOn:lm~4 2 of 4 12/4/02 IV Bo Do Eo 1. Prepare draft review documents within 60 days of Notice To Proceed. 2. Complete documents within 30 days of receipt of City draft review comments. Task B - Data Collection and Review Complete review of data within 45 days of receipt of all requested data from City. Task C - Cost Analysis 1. Complete cost analysis data review within 30 days of receipt from City. Prepare draf~ report of findings within 45 days of completion of Task B and Task C. 1. 3. Prepare final report within 15 days of receipt of City comments. Task D - Bidding and Award 1. Within 10 days of bid opening, provide City with bid analysis and award recommendation. Task E - Services During Construction 1. Services during construction are based on a 60 day construction schedule requiring R.P.R. services. COMPENSATION A. Services for professional engineering services are estimated as follows: 1. Task A: $20,420.00 2. Task B: 9,600.00 3. Task C: 15,620.00 4. Task D: 5,680.00 5. Task E: 60,330.00 6. Misc. Expenses: 500.00 $112,150.00 Services shall be billed based on actual time charged to the project and billed monthly. Total estimated cost will not be exceeded without prior written approval by the City. M AO/j em/wordproc/2000/00-197.m6/TaskOrdmaqt4 3 of 4 12/4/02 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA By: Mayor Date Approved as to Form: City Attorney SUBMITTED BY HARTMAN & ASSOCIATES, INC. By: - E. Schmidt, Jr., Vice President De~e~bd 4, 2002 2/4/02 I ~n = 914 1 1 in. = 914.1 Master Sta. # 309 Collection System VII.-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 [] January 2l, 2003 January 6, 2003 (Noon.) [] March 18, 2003 Date Final Form Must be Tumed in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Resolution authorizing the release of cash bonds of $440.00 and $28,600.00 to Nunno Builders, Inc. for the project Wendy's Restaurant. EXPLANATION: On November 22, 2002, the Building Division sent to the Finance Department cash bonds of $440.00 and $28,600.00 for the completion of the permitted work at Wendy's Restaurant (600 E. Woolbright Rd.). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None q uint~b(. C~ ene ,~ l~e3'[ lo~ment Director City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:XBULLETINLFORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A RELEASE OF CASH BONDS TO NUNNO BUILDERS, INC., FOR THE PROJECT KNOWN AS WENDY'S RESTAURANT, IN THE AMOUNT OF $440.00 AND $28,600.00; AND PROVIDING AN EFFECTIVE DATE. in the WHEREAS, on November 22, 2002, the Building Division accepted cash bonds amount of $440.00 and $22,600.00 from Nunno Builders, Inc., to guarantee completion of all permitted work at Wendy's Restaurant, located at 600 E. Woolbright Road; and WHEREAS, a final inspection has been conducted on this project, the work has been completed, and a Certificate of Occupancy has been issued. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves the release of the cash bonds in the amount of $440.00 and $28,600.00 to Nunno Builders, Inc. for the project located at 600 E. Woolbright Road. Section 2. That this Resolution shall become effective immediately upon passage. S:\CALRESOXLetters of CreditXRelease of Case Bonds - Nunno Builders - Wendys Project.doc PASSED AND ADOPTED this __ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) ;:\CAXRESO~Letters of CreditXRelease of Case Bonds - Nunno Builders - Wendys Project.doc ;:\CALRESOXLetters of CreditXRelease of Case Bonds - Nunno Builders - Wendys Project.doc NUNNO BUILDERS, INC. Mr. Don Johnson, Building Official City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL. 33435 Wendy's Restaurant 600 E Woolbright Road, Boynton Beach, Florida Permit # 02-1713 ,ii' DEC I O' _ BU)LD NG Dear Mr. Johnson We are respectfully requesting a permanent C.O. and a refund of the cash bonds in the amount of $29,000.00, ($28,600.00 for landscape, and $400.00 for minor color modification) for the above referenced project. Please note the landscaping final Inspection was approved on 12/06/02 and the minor color modification was approved on 12/10/02. Thank you for your cooperation in the matter, Sincerely, Robert L. Nunno President EXHIBIT "A" 5701 Hollywood Blvd. · Suite B · Hollywood, Florida 33021 Phone: (954) 961-0777 FAX: (954) 967-9001 CG C006271 DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-277 TO: FROM: DATE: SUBJECT: Diane Reese, Finance Director Don Johnson, Building Official~ November 22, 2002 CASH BOND - WENDY'S RESTAURANT - 600 EAST WOOLBRIGHT RD. Attached are cashier's checks for $440.00 and $28,600.00 fi.om Nunno Builders, Inc. These are a cash surety .for Wendy's Restaurant and are to be held until all outstanding issues of. their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter fi.om Eduardo L. Caroache, Robert L. Nunno, Carl B. Higgins and check XC: Timothy K. Large, Building Code Administrator Permit File ii 02-1713 S:kDevelopmenfigUILDINGXBuilding Div~Documents~Memo$ in WordXCash Bonds - 2002\Cash 'Bond - Wendys Restuarant 02-1713.doc EXHIBIT "B" ,'O?O?i,B~,Si, 6,' ~:06t,~O ?0 ~,qO &qqq~,li' Bm~d~gD~v ' '% ""' ( " ' ' ' ' '~" ' '°~" ' "'- ' ' '"' i;'" ' !" ' · .' '. ' '. "."r . '" ' ,' ' " '-'- ' · - , · · ' .' "" ' ' · - ' ' '" · ",',.'~,'~....~ · .. ,:2..',, ' "~, ~ .',.i "''; :'~"' :,..-.~,,: ~.';'- :. - ', .~ '"-..' '-.~.'~.;~,,'~'.',,:' [~'.,' ·.~. ,. -'-, ,.'."qi;. '4"; ." '-t. '' . '' "~'"'i " "'" ~ '' '? ''- "'"" *' ~ ' " ' " " ''~''" ~:' ' ' " -~ ' " " ~ '~' "' ·,.T '~"-' '-'-'",'-----,--,- -,.-,,--.-~.-,-,.-,..~.,.u,.~,,.~._;,..:,~;.:~_,.,,..._,.,~,,..,,,..,; ::. :'~':"1 CITY OF BOYNTON BEACH ".', "-'1' I Soynton..i Beach, Florida ..a~'~~i~b' __ 'DATE. / / ! '" DEPARTMENT 25359 DOLLARS EXHIBIT "C" November 19, 2002 Mr. Don Johnson, Building Official City of Boynton Beach 100 East Bofnton Beach Bend Boynton Beach, Florida WENDY'S RESTAURANT 600 EASTWOOLBRIGHT ROAD BOYNTON BEACH, FLOR/DA PERMIT NO. 2002 0448324' Dear Mr. J'ohnson: Enclosed please find a Cashier's Check in the amount of $440.00, which represents a 110 per cent bond for the cost to repaint the parapet band to comply with the ori~nal submitted color rendering, and permit plans if the requested change is denied. Thank 'you for' your consideration in this matter. Sincerely, CKE Group,'.Inc. cps 2KE OROUP, INC. EXHIBIT "D" NGINEERING 5500 NLmN BARN ROAD ARCHITECTURE · MIAMI LAKES, FLORIDA 33014 PLANNING · SUITE 106 * 305-558-4124 ?0 l, qO EXHIBIT "E" NUNNO BUILDERS, INC. November 21, 2002 Mr. Don Johnson, Building Official City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FI. 33435 RE: Wendy's Restaurant 600 East Woolbright Road, Boynton Beach, Florida Permit No. 02 1713 Dear Mr. Johnson: Enclosed please find a Cashier's Check in the amount of $28,600.00, which represents a 110 per cent bond for the cost of the landscaping and irrigation for the referenced project, per the approved permit plans. Thank you for your consideration in this matter. Sincerely, NUNNO BUILDERS, INC. Robert L. Nunno President RLN:meb 102~/le(t~fd=~)~ 112102 EXHIBIT "F" 5701 Hollywood Blvd. - Suite B - Hollywood, Florida 33021 Phone: (954) 961-0777 FAX: (954) 967-9001 CG C006271 City of Boynton Beach Land Development Division, Building Dept. 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Attention: Building Dept. November 21, 2002 Wendy's International (Landscape/Irrigation contract Amount) S.E. 15' Avenue(Woolbright Road) Riverwalk Shopping Plaza City of Boynton Beach, Florida Dear Sirs, As per your request reference the above project. This is to certify the contract amount for the installation of landscape and lawn irrigation is $25,914.00 ;awarded contract by Wendy's International to Dixie Landscape per our landscape and irrigation plans for the above project If you have any questions, please feel fi:ee to call our office at (561) 795-0443. Thank you for your past courtesies. #0001436 ASLA CBH/ed EXHIBIT "G" RICHARD BARTLETI" LANDSCAPE, INC. · 12773 W. FOREST HILL BLVD. STE 213, WELLINGTON, FL 33414 Tel. (561) 795-0443 · Fax (561) 791-7429 VII.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7,2003 [] January 21,2003 Date Final Form Must be Turned in to CiW Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18. 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to authorize full release of the remaining surety for the water system improvementsC~or the-:' project known as Amerope Enterprises, in the amount of $505.00. EXPLANATION: The required water system improvements for this project have operated satisfactorily through the warranty period. The surety may now be released, and the amount of $505.00 refunded to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City Code allows for full release after the warranty period has Dep~nent Herd's Signature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/copy of attachments) Barbara Conboy " Mary Munro, Finance Dept. " File " S:\BULLETINWORMSLatGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE RELEASE OF THE CASH SURI~TY IN THE AMOUNT OF $505.00 TO AMEROPE ENTERPRISES, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the water system improvements for this project have operated satisfactorily through the warranty period; and NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA, TIlAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves release of the surety in the amount of $505.00 to Amerope Enterprises for the project known as Amerope Enterprises. Section 2. That this Resolution shall become effective immediately upon passage. PASSED .42qD ADOPTED this __ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner Commissioner cadreso/loc/Release of Surety - Amerope Enterprises DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 505.00 To: Amerope Enterprises, Inc. 150 Commerce Road Boynton Beach, FL 33462 For: Full release of cash sureb/for the project known as Amerope Enterprises, Inc. Commission Approval: Requested by Peter V. Mazzella, Deputy Utilities Director Date Janua~ 3,2003 Approvals: Dept. Head Finance Dept. City Manager 401 0000 220 99 00 505.00 $505.00 VII.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to CiW Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve U.S. LEC, INC. as the long distance service provider for the City with estimated annual expenditures of $20,000.00. EXPLANATION: Currently the City long distance carriers are Suncom and AT&T. Suncom does not provide local long distance. AT&T provides service when all Suncom lines are in use. Local long distance is billed through Bell South. The benefits realized by choosing US LEC, INC. will provide the City long distance service as follows: Twenty-four (24) additional lines will be available. Local long distance from Sebastian to Ft. Lauderdale will be free. Local long distance from Hollywood to Key West will be at 1.5 cents per minute as opposed to Bell South's rate structure which is over 10 cents per minute. Bill consolidation. We currently receive one bill from Suncom and numerous bills from AT&T monthly. Consolidation will provide less administrative work for the I.T.S. Department, as well as, Finance Department. Busy hour reports will be available on demand to determine if we are over or under utilizing the bandwidth on our T-1 circuit. This will help us to manage our long distance circuit needs for the future. The combined cost savings will be approximately $1,000 per month. PROGRAM IMPACT: The City will have better long distance service at a significant cost savings. FISCAL IMPACT: Funds for telecommunication services are allocated in the FY2002/2003 budget as follows: Account Description Account Number Telephone Services 00~151,0-5.13-41-10 Deputy D/rector of Financial Sery~es ' Amoun...__.~t City Manager's Signature Procurement Services Department Name SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources RESOLUTION NO. R03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE CUSTOMER SERVICE AGREEMENT BETWEEN US LEC OF FLORIDA, INC., AND THE CITY OF BOYNTON BEACH WITH AN EFFECTIVE DATE OF OCTOBER 11, 2002, AS SET FORTH IN EXHIBIT 'A" ATTACHED HERETO; AUTHORIZING EXECUTION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, US LEC, Inc., is a telecommunications carder that provides voice, data, and Intemet services to mid-to-large sized business customers throughout the southeastern and mid-Atlantic United States; and WHEREAS, the City Commission has determined that, after thorough investigation, review and a recommendation by staff, that it is in the best interests of the citizens and residents of the City of Boynton Beach, to enter into a Customer Service Agreement with US LEC of Florida, Inc., for telecommunications services, which Agreement is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby ratify the Customer Service Agreement between the City of Boynton Beach and US LEC, Inc., with an effective date of October 11, 2002. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner LEC Agr - telecommunications,doc Interoffice ITS Memorandum No. 02-021 MEMORANDUM To: From: Re: Kurt Bressner, City Manager Peter Wallace, Director of I.T.S. US LEC Telephone Service Date: October 7, 2002 US LEC, Inc. is a telecommunications carrier that provides voice, data and Internet service to mid to large sized business customers throughout the southeastern and mid-Atlantic United States. We recently met with representatives from US LEC to discuss potential cost savings to our phone bills. Currently our long distance carriers are Suncom and AT&T. Suncom does not provide us with local long distance. AT&T provides service when all Suneom lines are in use. Local long distance is billed through Bell South. The benefits realized by choosing US LEC to prmide us with long distance service are as follows: · Twenty-four (24) additional lines will be available. · Local long distance from Sebastian to Ft. Lauderdale will befree. · Local long distance from Hollywood to Key West will be at 1.5¢ per minutes as opposedto Bell South's rate structure which is over lo¢ per minute. · Bill consolidation. We currently receive one bill from Suncom and numerous bills from AT&T monthly. Consolidation will provide less administrative work for the I.T.S. Department as well as the Finance Department. · Busy hour reports will be available on demand to determine if we are over or under utilizing the bandwidth on our T-~ circuit. This will help us to manage our long distance circuit needs for the future. · The combined cost savings wil be approximately $~ooo per month. Attached is a Customer Service Agreement between US LEC, Inc. and the City of Boynton Beach. The City Attorney's office has reviewed this agreement for legal sufficiency. If you are in agreement with this proposal, please sign the indicated areas and return. Please feel free to contact me with any questions. Thank you in advance for your attention to this matter. /om Attachment c: Wilfred Hawkins RECEIVED OCT -9 2002 CIl MANAGER'S OFFICE I,E¢ ADVANTAGE CUstomer Service Agreement THIS CUSTOMER SERVICE AGREEMENT (this "Agreement") is made by and between: US LEC of Florida Inc., a North Carolina corporation ("US LEC"), having a place of business at Morrocroft III, 6801 Morrison Boulevard, Charlotte, North Carolina, 28211; and Customer Name: CITY OF BOYNTON BEACH State of Incorporation or Organization: Physical Address: 100 E. Boynton Beach Bivd City: Boynton Beach State: Contact Name:~ Peter Wallace Phone: (561) 742-6073 Email: wallacepL~ci.boynton-beach.fl.us FL Zip: 33435 Title: Tax Exempt Cert/ficate Number *: * Please attach a copy of your tax-exempt certificate, if applicable. You will be charged ~ax if this document is not provided. Billing Address (if different): N/A City: N/A State: N/A ' Zip: N/A this Agreement and are applicable to all services ordered hereunder, whether at this time or at a later date. Subject to all such terms and Agreement is subject to the terms and conditions set forth herein, and in any Addendum attached hereto, which are a material part of conditions, US LEC agrees to provide, and Customer agrees to receive and pay for, the services identified on Exhibit 1 herein. Customer selects the following commitments: Minimum Monthly Usage Commitment (includes Iocal~ long distance~ toll inbound (Toll Free) and data usaee): $1,000 Minimum Term Commitment (commencing on service initiation): 36 months COMMITMENT LEVEL & TERM DISCOUNTS Based on the Minimum Monthly Usage Commitment and Minimum Term Commitment, Customer will receive the product specific .pricing shown in US LEC's tariffs for local, long distance toll, and/or data services and as detailed below by Customer location. CONFIDENTIAL Page 1 LEC The Compa~ TeIephont Company' GENERAL TERMS AND CONDITIONS I. Aereement Subie~ to Tariffs. This Agreen~nt and all US LEC services and agreements are governed by ~he terms and conditions contained in US LEC's tariffs and price lists (collectively, the "Tariffs") filed with federal and state regolatory agencies. Tariff rates and terms are subject to change by US LEC or ~ appropriate regulatory agency. Customer agrees to be bound by the pmvisious of US LEC's Tariffs in effect from time to tirr~ fi, prior to tim expir-ation of the term of this Agreement, US LEC voluntarily or involuntarily, et a result of govemnmntal or judicial action, cancels, in whole or in pin. any Thrift on file, where the provisions prior to such cancellation applied to &ny Se~dce(s) US LEC provides under this Agreemcnk then effective on such cancellation and for the remainder of the term. this Ag~%'ment shall consist of the following, in order of precedence f~om (a) through (c): (a) US LEC Tariff provisions that remain in effect ("Effective Tariffs"); 02) specific provisions contained in this Ag~ement that expreasly apply in lieu of, or that apply in additiun to, provisions contsined in the Effective Tuiffs; and (c) provisions contained in the US LEC RAte Guide to the extent that (a) and 02) above a~ not applicable. US LEC may ~d the US LEC Rate Guide from time to time and will maintain the Rate Guide o~en for public inspection at one or more off, cee during norrml busineu hours and on US LEC's website it www. uslec.com. Immediitely prior to the cancellatiun of any Tariff provisions applicable to the Service(s) provided hemmder, US LEC shall incorporate any such provisions into US LEi2 Rate Guide and if US LEC fails to incorporate any such provisionf, such prov~ons shall be deemed incmporat~ into this Agn~-ment as if US LEC Ires so incorlxnted such prm. isions in the US LEC Rate Guide. In all events, the applicable rates and rite schedules shall continue to be subject to any discounts, v4iven. credits or ruu'ictions oo rate changes that may be contained in this Agreement for Tariffed Servicsa, Where rate and/or discount adjustments would have been made by reference to any canceled Tm'iff rate, rate schedule, discount and/or discount schedule, these adjustments dull instead be nude by referenca m thc US LEC Rme Guide. To the ~ that any adjustment to Tariffed rates, rates schedules, discounts and/or discount schedules is perrmtted under this Agreement, such adjustment may be made by US LEC to its Rate Guide. All references to Tariffs in this Agreement shall be constzued to also mean the documents which will replace those Tariffs following cancellation of the same. 2. Payment for Servl~s. Custom~ agrees to pay US LEC's chargu for the Services as set forth in this Agreement or US LF:C's applicable Tariff. Customer shall be responsible for paying for ali calls originating from or terminating to either Custom~s pt~-~rdses or the Servicee (whcthn. or not autho~zed by Customcr). Customer will be invoiced on a monthly basis, invoices ar~ payable upon receipt by Customer. ffpayments m'e not received by US LEC within twenty~*ight (28) days of the da~ of the invoice., US LEC nuy at any time therexftor discontinue the Se~4ces. tmninate this A~-ment, request a security de. Mit and/or iaq2us~ a late charge of o~e and one-half percent (1 I/2%) per munth of the balanc~ due (or such leaser amount aa is permitted by applicable law). US LEC mey alsu app~ any Customer deposit to the unpaid bill Customer agrees to pay US LEC all c~ts and expenses of collection of any nmounts du~ from Customer bemmdor, including reasonable attorneys fees and expenses. MinJnmm Monthly Usage Commitment. Customer agr~s to pay for the Minimum Monthly Usage Coaunitmont indicated above. In any giveu month (s~ter the third full month following Scrvice initif~tion) wha~ Customn's actual usage falls below tho Minimum Monthly Usage Con~itment, Custome~ will mmetheleas be billed for and qrees to pay the Minimum Monthly Uasge CommitnmnL If Cuatom~s actual usage is less than Custon~r's Minimum Monthly Unge Commitmcnt for a period of four consecutive month, US LEC may, but shall not be required to, reduce Custun~as Minimum Monthly Usq~ Cotn~tmcnt. nd alt~ its rates accordingly, to reflact ~s actual usage in such four month period. US ~ mey only reduce Customer's Minimum Monthly Usage Commitment once during each calendm' year. S~dco usago types that conm'oute toward llm Mininmrn Monthly Usap Connnitn~nt include outbound intr&LATA; outboqmd long distance (domes6c intsmtite., intrastat~ & international);, and inbound (Toll Frae) service., but only to tbe exlcnt tht such services a~ billed or invoiced to Custoracr directly by or through. US LEC, Monthly recun'ing charp~ for local and krug distsnc~ acce~ including line and feature ~, also conm'bute toward the Minimum Monthly Usage Commitmcnt. Chargos that do not cunm~ute to the Minimum Monthly Usage C~.,~ln~nt include: 811 char~s for ill non-recumng charges, such as in~tallatiotw charge~ expedite chargee and is~ payment p~mlties, t~xcs ~nd other gov~'nment-impcaed surchar~s, and all clm~as by other casric~ that are not invoiced by US LEC to Customer. Multiple Customer locations specifically refmmced hn~in or in an addendum hereto are aggregatsd to s~tiLey thc Minimum Monthly Usage Commitment. 4. Customev Satisfaction Guarantee. If, at any time, ~ is not satisfied tht US LEC's network quality or the qu~Uty of the sales and servica support Customer receives from US LEC is at least as good sa the network quality and service that wu peovided to Customer by Customor, s prior canie~s), and US LEC faib to correct the problem to Customer's reasonable satisfaction within 15 d~s of recaipt of written notice specifyin~ in rexsonable detail the nature oftbe problem, Customer may terminate this Agraement without penalty upon an additional 15 day writUm notice. ~. Term: &utomafle Renewal This Agreement slmll become effective on the date it is sigoed by both Custoater and US LEC (thc ,T=ffective Dlte.)..subject, however' to US LEC's Ipprovai of Customer's credit application and US LEC's approval of the suitability of Custom~s j~m~ses for fha Sorvices. This Agreement shall continue in force for the Minimum Term Commitment selected on the first page of this A~r~nmnt unless sooner i~.~..tted as provided harein, provided howcver, that if Custmner adds additional T-i ficilitin8 und~ this A~eon~nt al~cr thc Effective I~te. Customer's Minimum Term Commitment with respect to such facilities shall ~ on the date ofscrv4ce initiation for such facility, and this Agreem~t shall continue in forc~ until the Minimum Term Commitments applicable to all fa:ilities ordered hereunder dull have expirad. This Ag~"n~nt shall be automatically renewed for successive (mc-year periods unless cithe~ pray gives thc other party writsen notice of non-ron~wal at leut 30 days prior to the end of the then current terw The ter~d snd conditions of this Agreement shall be 8pplicable to any 6. Termination. (A) ff a party nutmally bruch~ any of the lerms of this Agreement. the other party may tennintte this ~t without liability to the brsaching party, but only if I) tim mm-bee~ching ~ bsa ~iven at k~t thirty (30) days notice of its intent to terminate and 2) prior to the effective date of such notice, the breaching party has not sub~nntinlly remedied such breach: Movided, however, that if the bamch relates to the failure by Customer to pay any amounts owing hereundor when due, then ._n~_'~ of tsnuinition mey be effective on the day notice is given. (B) If, prkr to the expimtiun of the Minimum Torm Commitmont of this Agreemont, Customer terminatsa this Agreement (other than as provided in Pirag~phs 4 and 6(A) above) or US LEC i~.--'-~te~ this Agreement pursuant to Para~-aph 6(A) due to Customer's braach, Customer shall be liable to US LEC foc. (i) · termination chtrge in an amount equal to $0% of the Mininmm Monthly Usage Commiuncnt multiplied by the number of montlM remalnin8 in the then ctaTent term; and (ii) · torrrdnation charge in an amount equal to any prumotional credits, discounts or fee waivers lx~ionsly provided by US LEC to Customer. fi, prior to the expiration of the Minimum Tmn Commitment, Customer termina~ the Service(s) es provided in Paragraph 4 above, Customer shall be liable to US LF, C for repayment of any promotional credits (including but not limited to DT! credits), discounts or fee waivera (including but not limited to inatallatiun fee walven) Ix~viously provided by US LEC to Customer. in the event of tmninition of this AgJ~"ment for any ru~on, Customer acknowled~ and agrees that US LEC mey withhold customer service information (including. but not limited to, customer tslephone numbers) until US LEC receives payment for all tmounts incurred by Customer through the effective da~ of tmrdnltion. Nothing contained herein or in paragraph 2 shall be consln~l sa prohi~itin$ US LEC 6'om pursuing any other legal or equitable remedy that may be available to it. or limiting the damag~ to which US LEC mey be entitled in law or in equity, due to Customer's breach, Page 2 ~,E¢ '7, ~ Customer I~ffeby agrees to reimburse US LEC f'or Ioas of or da·roSe to any Services or related facilities or equipment of US LEC, which may i c~used by the negligence or willful misconduct of Customcr, its agents, employees or representatives. g. ~j~ Custom~ slmll be responsible t'or all costs associst~d with any special constroc~on requested by Customer u part of US I. EC's pro, sion of Service, and all costs arising from any Customer requested changc in location of all or part of the Scsi'ices prior to the completion of c~matructicn or installation. 9. Liability of US LEC: Di~a.4nln~r of Wnrrnnties. The liability of US LEC (or any od~r ca~rier furnishing any portion of the Set,cos) for any intem~ption or failu~ of any Service fu~ished pmsuant to this A~'eement shall be limited to the amount of actual charges paid by Customer for the intc~upted Service(s). US LEC shall not be liable for any interruption c~med by any act or omission of any other can'ior or other provider furnishing any portion of the S~'v~ces, including directory listings. Neither US LEC nm' any other carrier f~rnishing any portion of the Services shall be liabl~ or responsible for any frauctuknt or unauthorized calls originating ~m or tn'mi·arias to Customer's premises o~ the Stances. Neither US LEC no~ any o~w ca,er furnishing any pm~on of tbe Se~.ices shall have liability for any incidental, indirect or ccm~qu~ntial dam·gas arising from any Serv~c~ ptovidM under this Agreen~nt or any intm~qttion or failur~ of any such Services. i~CEPT AS PROVIDED Hq PARAGRAPH 4 ABOVE, US LEC MAKI~ NO WARRANTIP=S, I~PRESS OR I~4PLIED, D4CLUDIN~ BUT NOT LIMITED TO ANY WARRAN'I~ OF MERCHANTABILITY Oft. FITNESS FOB. A PARTICULAR. PURPOSE OR. USE WITH RESPF~'T TO ANY SERVICES, FACILITIF~ OR E~UIPMENT PROVIDED PURSUANT TO THIS AGP. EIDdl~qT. CUSTOMER ACKNOWLEGES 't~IAT IT HAS SOLE RESFON$1BLITY OF ID4SURING THAT ITS PBX~S ARB PROGRAMMED TO CORRECI'LY ROUTE 911 CAIJ~. US LEC IS NOT LIABLE TO CUSTOMER FOR ANY DIRECT, INC1X}~fl'AL, INDIRECT OR CONSEQUI~NTIAL DAMAGF.~ ARISING FROM ANY' INCORRF~ CUSTOMER PBX PROGRAMMING. BY ~O INTO THIS AGR.EF. MI~qT CUSTOMER X-IHRI~Y FORID~..R RELEASES AND FOR. GIVES US LEC FROM ANY SUCH LIABILITY, I(~OWN OR UNKNOWN AND WHETHER NOW EXISTING OF HEREAFfEit ARISING. I 0. Credit Information. US LEC reserves the right to request s copy of Customer's most r~cent financial star, mint and/or mnittsnce pc~inn of the invoice frum Custonm~ previous or cus~nt t~ioconnnunicatlon cm-ier. Customer's si~mmre below cmmitutes a~on for US LEC to obtain credit int'ormafio~ fium any credit bm~u or other investigstive agency pertaining to the cmtit and financial respoml~llty of Custoam-. C~ understands that, as · result of this credit ~cvinw, it may be required to submit · deposit or · guarant~ies) of r~iamt pa~es in oater to receiv~ ~ Services. ! 1. ~ntlre Aor~_ ,~ Modlfi~ttinn: Waiver. Tb/s Agra. mint md any ·ttschn~mts, rods'bits or ~ he,to, md any applicabl~ Tatiffp~visiom consfituts t~ het~..in. This Agreemmt may only be amended or modified by · written agree·mint aecuted bY &uthorized si~mt°ries °f th~ Pasties Im~t°' No w~iver of eny two·ch of this Agreemmt will be valid unless in writing md signed bY thc im't¥ ~ainat wbem enfoa:cmmi is s°nght, and n° suob waiver ·ball be deemM m be · waiver of any 12. ~q~t~et AIl -nc-~-'-~'~----berennd~rshalibeinwri~ngmdmai~edf~t¢isascertifiedmall,ratm~roc~ipttequeatnd~orde~iveredbyhandtothenddress~fthe~therparty or (b) when received, if delivered by hand. 13. G~ver~ino l.~w: Aasfnnment: Mis~41anenus. This A~rmemtmt shall in all tespmcts be govm~ed by md consm~d in accoainn~ with rise la~ of the State of North Carolim without ~-gsrd to its choice oflaw rutes. Custoa~r ma), not aasi[n this Ag~cmmt without the express written cosset Of US LEC. US LEC may ass~an th: Agreemmt in wlmi~ or in part to any of its att]Ii·res as km$as suob at~iats is llcemM t° p~vid~ tl~ services assigned m it and US LEC re·mira respmmbl~ f°~ tI performance of all of its obli~mm und~ this Agreement. If any pmvisinn of this Agreement shall b~ held to be illegal, invalid or unonfo~'.eable as · matra' of law. the same shall not invalid·ts this Agrecmmt, which droll be construed a~ if not contsining such proviskm, md the rights and obligations of the parties shall be construed md enforced ns if · conm~e~ally renscsmble Movision had lmm sulmitumi in place u'wn~,f, comist~t with tim undertakings of th· parties hereto. Notwithstanding anything con~ncd larcin to th~ c~tnry, n~ithw pa~ shall be rmpom,~oin to the other for da~mgss or k~ses caused by an =Act of God" er other ~'orce nmjeurc" evonL This A~r~nv~nt amy be entocutsd in o~ or ].-~ count~p~ enob on~ of which shall be ~ an original and MI of which to~th~ shall constitute oa~ ond 0~ same insmnnonc Neither party shall u~ the nam~ of the other party for advertisin~ or other such purpo~a without the Mint writton coment of · c pa~y, except tha~ US LEC amy include Customer's name in ~ cust~ner lists compiled from tim· to ~ This offor ~xM~asty ll~rdts aoceptance to th· ~ ~E~2Rd~lL~lll)- AnYadditional °r different t~'ms pr°p°aed by ~ (either by n°mt~°n on thi~ f°nn °r in an°thor instrun~nt pr~vin~ly °r hes~al~n' furnished to US LEC) s~ rejec~M in 0~.'ir entir~t'/unle# e~qm-"asly agreed to in writes[ bY a US LEC Di~cu~ or Vice Presidont of Sales' 'THE FOLLOWING TERMS AND CONDITIONS ARE AI'PLICABLE ONLY IF LONG DISTANCE ONLY IS CHOSEN Percentaoe of Into·taro Us·am ii*u. rt. Cmtomm' a~s~s to ~ a mini·mm PIU rcquircmmt, u · pm~ntag~ of total billed traffic minutos, of forty pea:eat (40%) of total billed u'affic minute. This requirement shall not apply in the state of C~or~a. Custon~s not meeting this threshold of Intenta~ unffic will, at US LEC's discretion, face Page 3 LEC 77ie Compet~ Telephone Company' TI~ FOLLOWING TERMS AND CONDITIONS ARE APPLICABLE ONLY IF TOLL FREE INBOUND OR LOCAL TOLL FREE IS CHOSEN Fraud Notice. US LEC hereby notifle~ Cu~on~r that fraud pot~nthl exam when ~ Toll Fr~e lrdxx~ or equipment for the purpo~ of pining occeu to m o~dc liM (tin. th the me of DISA or ~ny ~ rn~gzl). Local Toll F~ ~ to runow, ly ~ Cmtan~t phtme Fraud Waiver. US LEC reexmmmuh ~hat Custom~ com~q~ its phoM equipmmt Io i:R-~ent the uu od' Toll Fr~ ln~ or ~ Toll ~ ~ to ~ ~ Customor's phone gquipm~t for th~ purpe~ of ~inin~ ~ to m m~d~ line (through the u~e of DISA or my ot~r mmhod) d~ to Ih~ po~l~ gm' unm~thoriaml or fraudulent calls, and ~ a~l~ea m I~ nnl~m~ie for and pay all cha~$ ~htin$ to ail calls nmd~ m or f~nn g~,,i~ Imnnia~ or to or from s~6~ pun~lM by i.~ DEC. LLB~ us LEC 1S NOT I./ABLE TO CUSTOM]~ FOR ANY DIRECT, INDliU~CT OR CONSF. QUEN'I3AL DA.MA. ORS ARISING PROM CUSTOMER'S FAILURE TO PROVIDE AD.ATE PROT'EC'TION FROM TOIL FRAUD. BY SIGNING THIS CUa]c~dER SBRVIC~ AGREEMENT. CUSTOMER I~RI~Y FOR~/ER ~m ~a. SES AND FOROIVE$ US DEC FROM ANY SUCH LIABILITY. KNOWN OK UNKNOWN AND ~ IDOh'T1NO OR HEREAFfER ARlSlNO. Ti~ FOLLOWING TERMS AND CONDITIONS ARE .4LPPLICABLE ONLY IF LONG DISTANCE ONLY I.q CHOSEN OR 911/411/OPERATOR SERVICES ARE NOT AVAILABLE The sorvices provided m cu~omers M'US L,F:C umJcr thio CLuMma' Service ~ do not include Local m:c~$, 911 ac~t4, 411 accem, ~ C~ Sdz~n~ Customm'*saccas to Local, 911,411 and Opwaior Servicm must bemMefln local access fbcilitimpeovJded byOmMma.,s icca] did tnn41mMder. U8 iA~C t~NOT I./AB~ TO CUSTOMER FOR ANY ~. INCII~NTAL, IHDIRBCT OR CONSEOUI~TIAL DAMAO~ ARISINO ~ A'l'l'l~ff~ TO ACCI~3 911,411 OR OPERATOR~ FROM L~ IAR~ PROVK)IID ACCE.q,q FACILfl'II~. BY ENYF=RING INTO TH]5 ~ CUSTC)M~R H~REBY FOREVER ~ AND POP, GIVES U~ LEC FROM ANY ~OCH LIABILITY. KNOWN OR UNKNOWN AND WltETHI~ NOW ~ OR ~ ARiSlNO. Page 4 TheCompa~ TeIephoneCompany' APPOINTMENT OF AGENT Customer Name: CITY OF BOYNTON BEACH Physical Address: 100 E. Boynton Beach Blvd City: Boynton Beach State: FL Zip: 33435 In connection with this Agreement between US LEC and Customer, Customer hereby appoints US LEC to act as its agent in dealing with any or all of the folloWang: a. Local Exchange Carriers b. Long Distance Carriers, including but not limited to, AT&T Corp., Sprint and MCI WorldCom e. Other and/or Specialized Common Carriers d. Facility Providers e. Joint Us~r Groups f. Equipngnt Vendors g. Consultants Solely for the purposea o£ordering, changing and/or maintaining US LEC's provision of the Services, provided, however, that US LEC will not chang~ Customer's long distance carrier without Customer's prior written authorization. THIS AUTHORIZATION SHALL REMAIN IN EFFECT UNTIL MODIFIED OR RgVOKED IN WRITIlNG BY CUSTOMER. N/A Customer Main Account Billing Telephone Number And All Associated Customer Accounts: Customer: By: Name: Title: Date: CIT~fF BOYNTON BEACH glIRT R RI:'.'.'7,.~ N FR CITY MANAGER ROYNTON BEACH. FL US LEC of Florida Inc., Date: % C3mpa/~ Tdeph~ 6~npany' TOLL FREE NUMBER RESPONSIBLE ORGANIZATION CHANGE FORM The undersigned authorize US LEC as its agent for Responsible Organization for the following number(s): Number T-1 I Canadian Organization (888) 745-8825 I No CUSTJ~I~ ~IN~I~TRE CITY MANAGER BOYN. TON BEAP. H~ Fl CUSTOMER NAME (Please Print) Peter Wallace CONTACT NAME (561) 742-6070 CONTACT PHONE NUMBER DATE $IGI~D City of Boynton Beach COMPANY NAME STR.EET .~dDDR.E$S Boynton Beach FL CITY/STATE/ZIP TOLL FREE SERVICES START DATE: CURRENT 800 SERVICE PROVIDER: TOLL FREE ENHANCEMENTS? No TIME OF DAY: AT&T Communications, Phone: 1-908-580-8761 IF YES, SPECIFY TYPE: (ATTACH ENHANCEMENT FORM) ADDENDUM TO THE ADVANTAGE CUSTOMER SERVZCE AGREEMENT BETWEEN US LEC OF FLOR]~DA INC. AND CTTY OF BOYNTON BEACH This Addendum is made as of the .~ day of S~l~emb~r, 2002, by and between US LEC of Florida Inc. ("USLEC"), with an office at 712I Fairway Drive, Suite 101, Palm Beach Gardens, FL 33418, and City O£Bo3mton Beach ("Customer"), with an office at 100 E Boynton Beach Blvd, Boynton Beach ,FL 33435, contains modifications to the terms and conditions of the Advantage Customer Service Agreement of even date herewith between US LEC and Customer ("the Agreement"). In consideration of the mutual covenants contained in the Agreement and herein, and for other good and valuable consideration, US LEC and Customer hereby agree as follows: The Third sentence of Section 5 of the Agreement is hereby deleted in its entirety and is replaced by the following new sentence: "This Agreement shall be automatically renewed on a month to month basis unless either party gives the other party written notice of non- renewal at least 30 days prior to the end of the then current term." II. The words, "North Carolina" in the First sentence of Section 13 of the Agreement is hereby deleted and are replaced by the word, "Florida". III. All other terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflict between the terms and conditions of this Addendum and the terms and conditions of the Agreement, this Addendum shall prevail. The terms defined in the Agreement and used in this Addendum shall have the same respective meanings as set forth in the Agreement unless clearly otherwise defined in this Addendum ]:N W]:TNESS WHEREOF, this Addendum to the Agreement is hereby executed by an authorized representative of each party hereto as of the date first above written. U S LEC OF FLORIDA I~/C CIT~ ? ~,~..-I'..0 LB EACH BY: '~¢...,..~..t'~f~~''''''~ NAME: CITY MANAGER TITLE: I~OYNTrlN RE~H, FL For the following Customer location(s) (note existing NPA/NXX) Location: Customer Name: Address: City: Main Telphone CITY OF BOYNTON BEACH 100 E. Boynton Beach Blvd Boynton Beach State: (561) 742-6073 FL Zip' 33435 County' Palm Beach For the followinq Service(s): Local Service [~ Long Distance ~-] Toll Free (Inbound) Local Toll Free ~ Calling Cards ~ US LECnet Frame Relay ~ DPL DSL All Services chosen under this Agreement or in any Addendum hereto are referred to herein as the "Services". 911/41 l/Operator Services included [~ Yes ~-] No In Service Products: Service Information Monthly Monthly One Time I Additions/ Recurring Recurring Non-Recurring Changes Description Quantity Unit Price Total MRC NRC Initial Date Total Monthly & NRC Charges $0.00 $0.00 Proposed Add Products: Service Information Monthly Monthly Recurring Recurring One Time I Non- Additions/ Recurring Changes Description Quantity Unit Price Total MRC NRC Initial Date ADVANTAGE 100% LCP Disc $0.00 $0.00 $0.00 //4457 1 ADVANTAGE 70% Intralata Disc $0.00 $0.00 $0.00 //4211 Conversion Credit 1-$1000//4659 1 1 -$1000.00 $0.00 -$1000.00 9/5/2002 Page I of 2 Proposed Add Products: Service Information Monthly Monthly One Time I Non- Additions/ Recurring Recurring Recurring Changes Description Quantity Unit Price Total MRC NRC Initial Date MRC - 2-Way Trunks Flex 3 1 $700.00 $700.00 $0.00 MRC- ADVANTAGE LCP//4247 1 $20.00 $20.00 $0.00 NRC - T-1 Installation//3291 1 $1000.00 $0.00 $1000.00 Total Monthly & NRC Charges $720.00 Disconnect Products: Service Information Monthly Monthly One Time I Additions/ Recurring Recurring Non-Recurring Changes Description Quantity Unit Price Total MRC NRC Initial Date Total Monthly & NRC Charges $0.00 $0.00 The rates disclosed herein do not include federally- or state-regulated surcharges and fees (which include but are not limited to USF, TRS, E911, and payphone surcharges) or federal, state and local taxes, all of which the customer shall be responsible for paying as applicable. Unless specifically stated on this Exhibit, US LEC does not charge CALC, EUCL, FCC Charge, PICC, Long Distance Access, LNP, or Single Bill Fees. 9/5/2002 Page 2 of 2 'SERVICE: Current U S LEC Savings '24 Channel Local / Long Distance T -1 $700.00 -$700.00 SunCom Lon~ Distance T-1 $975.00 $975.00 LATA Plan $20.00 -$20.00 Bell South Itemized Calls $194.52 $36.47 $158.05= Bell South Local Usage $415.48 $0.00 $415.48 Suncom Loncj Distance Calls $1,012.11 $872.45 $139.66 TOTAL $2,597.11 $1,628.92 $968.19 Promotional offerings for' CITY OF BOYNTON BEACH Waive T-1 Installation Charges ........... $1,000 Conversion Credit LATA Calling Plan: Free Calls from Boca Raton to Sebastian 1.5 cts p/rain for calls from Deerfleld Beach to Key West OUTBOUND : Intrastate $0.060 Intrastate/Panhandle $0.080 Interstate $0.045 IntraLata 561T772 FREE IntraLata 954,305,786 $0.015 ILon2 Distance Information: Above Rates are cost/minute Above Domestic Outbound Rate Timing is 6 seconds incremental. VD'.-CONSENT AGENDA ITEM C.8. CITY OF BOYNTON BE/ AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noot0_ [] Administrative [] Development Plans [] Consent Agenda [] New Business -_: :~:~ [] Public Hearing [] Legal ~ -~_~ [] Bids [] Unfinished Business -~. [] Announcement [] Presentation :~: [] City Manager's Report RECOMMENDATION: Please place this request on the January 21, 2003 City Commission Agenda under Consent Agenda. The Siting Review Committee recommends that the attached co-location request submitted by Sprint Spectnan L.P. be approved, subject to the approval of the Minor Modification request to accommodate the additional equipment on the current leased site. EXPLANATION: Sprint Spectrum L.P. has a lease agreement with the city for a telecommunications tower located at 3600 Miner Road (Water Storage Tank). The Assignment clause (Section 10 of the lease agreement) provides for the co- location of other providers. City consent, in writing is required and all conditions of LDR Chapter 10, Section 6 must be met. A structural analysis was submitted and accepted by the Siting Review Committee. There will be no increase in the existing leased area. A Minor Modification request was submitted for the placement of new equipment on the leased site area and is pending approval by the Planning and Zoning Department Director. There were no objections fi.om the members of the Siting Review Committee regarding this co-location request. PROGRAM IMPACT: N/A FISCAL IMPACT: ~., S N/A ALTERNATIVE~ N/A Develb~men[ De~a~er~ birector Planning and Zoning Director City Manager's Signature City Attorney / Finance / Human Resources S:LPlanning\SHARED\WP\PROJECTS\Voicestream\Agenda Item Request VoiceStream MMSP 02-071 1-21-03.dot S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A CONSENT TO COLLOCATION PURSUANT TO THE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SPRINT SPECTRUM L.P., CONSENTING TO VOICESTREAM WIRELESS/T-MOBILE COLLOCATING ON THE TELECOMMUNICATIONS TOWER LOCATED AT 3600 MINER ROAD; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach entered into a lease agreement and addendum with Sprint Spectrum L.P. ("Sprint"), providing for the lease of public property located at 3600 Miner Road to Sprint for a telecommunications tower, said lease and addendum each dated October 30, 1996; and WHEREAS, Sprint has requested that it be permitted to collocate Voicestream Wireless/T-Mobile Facilities on the subject telecommunication tower and site; and WHEREAS, Section 10 of the Lease Agreement requires that the City consent, in writing, to any request for collocation; and WHEREAS, collocation is encouraged to prevent the proliferation of telecommunications towers in the City of Boynton Beach; and WHEREAS, there will be no increase in the leased premises area; and WHEREAS, a request for Minor Modification has also been submitted to the City for the placement of new equipment on the leased premises, and this request is pending approval by the Planning and Zoning Department Director; and WHEREAS, staff has reviewed the request for collocation and recommends that the City consent to the request subject to approval of the Minor Modification request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the city of Boynton beach, Florida does hereby authorize execution of a Consent to Collocation between the City of Boynton Beach and Sprint Spectrum L.P., consenting to Voicestream Wireless/T-Mobile collocating on the telecommunications tower located at 3600 Miner Road, Boynton Beach. Section 2. This Resolution shall take effect immediately upon passage. S:\CA\RESO,,Agre~ments'~Sl~nnt Colocation - telecommunications.doc PASSED AND ADOPTED this ATTEST: City Clerk S:\CA\RESO~Agreements~Sl:mnt Colocatmo - telecorrrnunications.doc __ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner CONSENT TO COLLOCATION THIS IS A CONSENT TO COLLOCATION, entered into on 2003, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and SPRINT SPECTRUM L.P., a Delaware Limited Partnership, authorized to do business in the State of Florida, hereinafter referred to as "Tenant." WHEREAS, the City entered into a Lease Agreement for a Telecommunications Tower Site and addendum with Tenant, providing for the lease to Tenant of public property located at 3600 Miner Road in the City of Boynton Beach for a telecommunications tower, said Lease and Addendum each dated October 30, 1996; and WHEREAS, Tenant has requested that it be permitted to collocate Voicestream Wireless/T-Mobile Telecommunications Facilities, including equipment and antennae, on the existing tower and leased premises, referred to by Tenant as Site ID MI03XC076; and WHEREAS, Section 10 of the Lease Agreement requires that the City consent, in writing, to any request for collocation by Tenant; and WHEREAS, there will be no increase in the area of the Leased Premises, as a result of this collocation; and WHEREAS, a request for Minor Modification has also been submitted to the City for the placement of new equipment on the Leased Premises, and the granting of this Minor Modification shall be a condition of any consent to collocation provided by the City; and In consideration of the mutual promises, covenants and agreements, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Collocation. The foregoing recitals are correct and are incorporated into this Consent to 2. City does hereby consent to the collocation of Vociestream Wireless/T-Mobile telecommunications facilities at the Leased Premises in accordance with the Structural Analysis prepared by Semaan Engineering Solutions, and dated December 12, 2002, which is specifically made a part of this Consent to Collocation. 3. Tenant acknowledges and agrees that the Lease Agreement and Addendum shall control, despite any provision which is or may appear to be contrary in any sublease between Tenant and the Collocating Party. Under no circumstances shall any consent provided in this consent Consent-Sublease Parcel 8F-2 Rev. 12/21/00 -1- document be construed to allow any subordination by any person of the fee simple title interest of Lessor in and to the premises leased. The consent given herein shall not relieve Tenant of any of its lease obligations. 4. The City's consent is expressly conditioned on the granting by City of the Minor Modification requested by Tenant for the placement of new equipment on the Leased Premises. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: CITY OF BOYNTON BEACH City Clerk By City Manager Approved as to form: City Attorney Consent-Sublease Parcel 8F-2 Rev. 12/21/00 -2- WITNESSES: TENANT: SPRINT SPECTRUM L.P. By By (CORPORATE SEAL) STATE OF ' COUNTY OF ' The foregoing instrument was acknowledged before me this , 2003, by and , as and , respectively, of SPRINT SPECTRUM L.P., a Delaware Limited Partnership, on behalf of the limited partnership. They are personally known to me or have produced as identification. (SEAL) Notary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Typed, Printed or Stamped My Commission Expires: Commission Number H:\1990\900182.bbXagmts\towers\consent to collocation.doc Rev. 01-16-03 Consent-Sublease Parcel 8F-2 Rev. 12/21/00 -3- - $print VIA CERTIFIED MAll. RETURN RECEIPT REQUESTED City Manager City of Boymon Beach P.O. Box 310 Boynton Beach, Florida 33068 November 5, 2002 Sprint Sites USA Noice -'~) -- .... ~ ~ ~ ~0 RE: Site Address: 3647 Miner Road, Boynton Beach, Florida Sprint Spectrum, L.P. Site ID: MI03XC076 Dear City Manager: /a:N 1 Sprint Specmma, L.P., ("Sprint") as a corporate policy, believes strongly in the principle of collocation. We have found that collocation is good for all parties revolved. This is especially true for the neighborhood in which the telecommunications tower is located, in that collocation keeps down the number of towers necessary for companies to efficiently and effectively operate their networks. Other telecommunication providers share our view of collocation. VoiceStream Wireless/T-Mobile ("T-Mobile"), another telecommunications provider, approached Sprint and requested permission to collocate on our tower located on your property, as well as to utilize a small part of our ground space for their equipment. We would like to comply with their request. Please refer to the Lease Agreement for Telecommunication Tower Site, executed August 1996, Section 10, entitled "Assignmenf', which says that Sprint will notify the City of a proposed sublease and the City will provide written consent to allow Sprint the right to sublease, which consent will not be unreasonably withheld. As such, we ask that you sign the line below, indicating that you have received this notification to sublease a portion of our leased area, and return this letter in the self-address stamped envelope. If you have any questions, f~l fre~ to contact me at (770) 772-2235. Thank you. S'.gacerely, [', /" / ih !' onya .eey L'O Pmpem] Specialist" cc: James A. Chemf, City Attorney (via Certified Mail, Return Receipt Requested) APPROVED BY: Print Name: Title: DATE: ADDENDUIVl TO PCS SITE Site Name: CITY OF BOYNTON BEACH Site I~D: ~M~IA 9504 WATER STORAGE TANK (3600 Miner Road, Boynton Beach, FL 33436) TI-I~S ADDENDUM mo~ md ~ds ~e PCS Site ~eement refe~ed to herein as follows: 1. Pe~ ~op~, K~ E~e md ~gble T~: SSLP ~11 pay ~1 person~ prope~ md ~tm~b[e t~es le~ed or msessed on the PCS system. SSLP ~11 pay any increme in Owner's re~ e~ate t~es directly a~butable to the PCS inst~lation. 2. K~t: No~~~g m~g to ~e con~ cont~n~ herei~ rent ~11 co~ence on the Rent St~ Date. Rent ~11 be p~d ~u~ly in advmce on the Rent St~ Date md on each anniversau of it. The Rent St~ Date sh~l be the e~lier of (a) the date wMch is 30 days ~er the issumce of a building pe~t for in~lation of ~e PCS, or (b) the ~st day of the month follo~ng co~c~t ofp~si~ prep~tion of the Site. The ~u~ rent ~ be $12,500, p~ial ye~s to be pro-rated. 2.a Upon the issumce of a Ce~ificate of Oc~pm~ by C~Y for ~N~s Coruscations Faci~W, ~~ s~ in ~eu of m~g ~e pa~ent of rent for the i~ti~ five y~ t~ ~ pro~d~ h~ov~ ~~ s~ pay to C~ a one ~e i~p ~ pa~ent of SE~Y- ~ ~OUS~ ~ NO/100 ($75,000) DOLL,S. T~s lump sum pa~ent sh~l constitute the advance r~t~ pa~ent by ~~ for the i~ti~ five ye~ Ieee te~. 3. CPI: ~e ~ ~t ~r ~h ~~ T~ ~ be ~e ~ r~t in effect for the ~n~ y~ of the ~6~ T~ or p~or Kenew~ Te~ m the cme may be, incre~ed by m ~ount based upon · e ~m~a6ve p~ ~ of~e CPI (Co~ P~ce ~d~ - U.S. CiW Averages for U~m Wage Earners md Cle~c~ Wo&e~ - 1982-84 - 100, pubSsh~ by the U~ted States Dep~ment of Labor, B~eau ofL~or Sta6stics (or re~n~le ~v~ent ~dex · such index is discontinued)) be~een the co~cem~ of~e ~6~ T~ md ~e end of the ~ti~ Te~ or the co~encement md end of the Kenew~ Te~ m ~e c~ may be, ~ch ~e~ not to ~c~ 20 percent in my cme. 4. Addend~ Conwols: ~ ~ ~t ora co~ b~een PCS Site A~ment md tMs Addendu~ t~s Add~d~ ~ ~1. 5. PCS ~~ ~ ~ E~: ~ t~ ~d con~tions of~e PCS Site A~eement ~d E~bi~s ther~o w~ch ~e nol ~consis~en~ here~h rem~ ~ ~ force md eff~. O~: C~Y OF BorON BEAC~ ~O~A ss = 100 E~ Bo~on Beach ~oul~d Boston Beach' Florida 3~42~ ~ LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS LEASE AGREEMENT (the "Agreement"), made and entered into this the day of.~, 19~, by and between: ~ BOYNTON BEACH, FLORIDA a municipal corporation (Hereinafter referred to as "CITY") AND Sprint Spectrum, L.P. A Delaware Limited Partnership (Hereinafter referred to as "TENANT') WHEREAS, CITY is the owner of a certain real property located at 3600 Miner Road, Boynton Beach, Florida 33435, Palm Beach County, Flodda; and WHEREAS, TENANT desires to lease a portion of said real property to construct, operate, and maintain telecommunications tower and support equipment; and WHEREAS, CITY staff has reviewed the request of TENANT and recommends that TENANT lease a portion of said real property; and WHEREAS, the City Commission concurs with the recommendation of staff and deems it in the best interest of the City of Boynton Beach to lease a portion of said real property to TENANT; and WHEREAS, CITY and TENANT have negotiated an understanding for the leasing of a portion of said real property; and WHEREAS, CITY and TENANT desire to reduce their understanding to writing; now therefore, IN CONSIDERATION OF Ten ($10.00) Dollars, in hand paid by TENANT to CITY, as well as the mutual covenants hereinafter exchanged, the parties agree as follows: Section 1. REAL PROPERTY TO BE LEASED 1.01 CITY shall lease to TENANT that certain parcel of real property, situated in Boynton Beach, Palm Beach County, Florida, together with a nonexclusive easement for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicles, including trucks, and for installation and maintenance of utility wires, cables, conduits and pipes over, under or along twenty (20') foot wide easement extending from nearest public right-of-way (more particularly described in Exhibit A), which is Miner Road, to the leased property and right-of-way for access are hereinafter referred to as the "Property". The said Property is located at 3600 Miner Road, in the City of Boynton Beach. Section 2. DUTIES AND RESPONSIBILITIES OF TENANT 2.01 TENANT shall use the Property for the purpose of constructing, maintaining and operating a telecommunications tower and uses incidental thereto, consisting of a structure or structures, as necessary now or in the future, to house its telecommunications equipment, freestanding antenna support structure (pole), not to exceed 150' (one hundred fifty feet) to meet TENANT's telecommunications needs and all necessary connecting appurtenances. TENANT upon the approval of CITY may modify its antenna support structure and building(s); said approval shall not be unreasonably withheld by CITY. 2.02 TENANT shall place around the perimeter of the Property a security fence of chain-link construction, or similar but comparable construction, which meets the requirements of the Code of the City of Boynton Beach. 2.03 TENANT shall be responsible for soil borings and similar tests which may be required as a condition of construction and for all expenses related to its improvements which may thereafter be constructed upon Property. 2.04 TENANT shall maintain the Property in a reasonable condition and meet all requirements imposed by ordinances of the City of Boynton Beach and Palm Beach County, Florida. 2.05 The CITY also reserves the dght to at any time dudng the lease, install or have installed other antennas for government usage on TENANT's tower. All antennas shall be placed at an elevation as to provide the most effective use and with such approval not unreasonably withheld; provided, however, the CITY'S or other antennas shall not interfere with TENANT'S operations on the Property. Should TENANT install an emergency generator on the Property, the CITY may access and connect only its communications equipment to TENANT'S emergency generator. 2.06 TENANT shall furnish, to its unmanned equipment structure, electric or telephone service for the operation of TENANT's telecommunications equipment. TENANT shall be solely liable for electricity expenses relating to its installation and equipment. TENANT's electrical service shall be separately metered, and TENANT shall be responsible for all costs associated with metering, including the cost of installing any meter. If TENANT should install any emergency generators at this Property, said generator shall comply with Palm Beach County's Wellfield Protection Ordinance. 2.07 TENANT shall submit all required applications for permits to the applicable CITY and/or County departments for review and approval and required fees. 2.08 TENANT will be responsible for making any necessary returns for and paying any and all property taxes separately levied or assessed against its improvements on the Property. TENANT shall reimburse CITY, as additional rent, its proportionate share of any increase in real estate taxes levied against the Property in excess of the taxes due for the 1996 real estate taxes on the real property in which the Property is a part and against TENANT's improvements by the taxing authorities. 2.09 TENANT, upon termination of this Agreement, shall, within a reasonable period, remove its personal property and fixtures and restore the property to its original condition, reasonable wear and tear excepted. At CITY's option, when this Agreement is terminated and upon CITY's advance written notice to TENANT, TENANT will leave the foundation, the tower structure and security fence, to become property of CITY. TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro rata basis, if based upon a longer payment term, until such time as the removal of personal property and fixtures are completed. 2.10 TENANT shall keep the Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by or for TENANT. TENANT shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which CITY permits TENANT to perform on the Property shall be deemed to be for the use and benefit of CITY so that no mechanics or other lien shall be allowed against the estate of CITY by reason of its consent to such work. CITY shall have the right to post notices that it is not responsible for payment for any such work. 2.11 CITY hereby grants TENANT as a primary inducement to the TENANT's entedng into this Agreement, the first priority right to install its antennas and operate its telecommunications tower at the Property. From time to time CITY may grant to itself and to other entities the dght to operate telecommunications facilities at the Property and/or the right to install antennas in connection with the operation of such facilities or other communications facilities; provided, however that CITY shall not allow the operation of such facilities and antennas by other tenants to interfere with the operation of TENANT's antennas and equipment as it exists at the time of such other tenant's installation or as it may be modified at any time during the term of this Agreement, as the same may be extended. If any such interference occurs, CITY agrees to eliminate, if the additional equipment is operated by the City, or cause the elimination of, if such equipment is operated by a third party, such interference with TENANT's operations within a reasonable time after receipt of TENANT's notice of such interference and, if necessary, to cause the interfering party to cease its operations. If such interference continues for more than thirty (30) days after TENANT's notice to CITY with respect to such interference, then TENANT shall have the right, in addition.to its right to pursue any or all remedies available to it at law or in equity, to immediately terminate this Agreement by giving written notice to CITY of such termination. The CITY hereby also agrees that the TENANT has no obligation or requirements to upgrade or modify the Tower to facilitate the use of the Tower for other entities which the CITY may authorize. Any or all costs associated therewith, shall be borne by parties other than the TENANT. 2.12 CITY hereby agrees that, if because of TENANT's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that TENANT's antennas and/or the Tower be lit and/or marked, TENANT may install and maintain such lighting and markings. In no event, however, shall TENANT be responsible for the installation or maintenance of any lighting or markings required by the operations of CITY or any other tenant in the Tower. CITY will permit TENANT access to all portions of the Tower that TENANT may need in order to check and replace such required or recommended lighting or marking. Section 3. DUTIES AND RESPONSIBILITIES OF CITY 3.01 CITY shall cooperate with TENANT in its effort to obtain certificates, permits and other approvals that may be required by any federal, state or County authorities. 3.02 CITY shall grant TENANT the right to survey said property in order to meet requirements to submit the applications for permits. 3.03 CITY shall cooperate with TENANT in its effort to obtain utility services along said right-of-way, including signing such documents of easements as may be required by any public utility is unable to use the aforementioned right-of-way, the CITY hereby agrees to grant an additional right-of-way, either to the TENANT or to public utility, at no cost to the TENANT. Section 4. 4.01 ACKNOWLEDGMENT CITY and TENANT acknowledge that TENANT'S ability to use the Property is contingent upon TENANT obtaining, after the execution of this Agreement, all the certificates, permits and other approvals that are required by any federal, state and/or local authorities. In the event that any certificate, permit or approval issued to TENANT is canceled, expires, lapses or is otherwise withdrawn or terminated by a governmental authority, so that TENANT is unable to use said real property for its intended purpose, TENANT shall have the right to terminate this Agreement pursuant to Section 7.01. 4.02 Prior to the submittal of the application for the required building permit, TENANT shall have the right to perform or caused to be performed and shall have competed an assessment of the Property and the adjacent areas in order to determine whether such are contaminated by hazardous substances or pollutants. If the assessment reveals the presence of hazardous substances or pollutants beyond levels acceptable to TENANT and under applicable environmental laws, TENANT shall have the right to terminate this Agreement pursuant to Section 7.01. 4.03 CITY covenants that CITY has good and sufficient title and interest to the property and has full authority to enter into and execute this Agreement. CITY further covenants that there are no other liens, judgements or impediments of title on the Property. Section $. TERM OF AGREEMENT 5.01 See Attached Addendum - Paragraph 2 - Rent 5.02 TENANT shall have the option to extend this Agreement for four (4) additional Five (5) year terms. Such extensions shall automatically occur unless TENANT gives written notice to the other party of its intention not to extend this Agreement at least six (6) months prior to the end of the current term. 5.03 If, at' the end of the final year extension term, this Agreement has not been terminated by TENANT giving to the other party written notice of its intention to terminate at least six (6) months prior to the end of the term, this Agreement shall remain in force and effect upon the same covenants, terms and conditions. The Agreement shall be for annual terms thereafter unless terminated by either party by giving the other party written notice of its intention to terminate at least six (6) months prior to the end of the term. Section 6.. 6.01 CONSIDERATION See attached addendum, paragraph 2 - Rent 6.01(a) Services Provided to the' City. qn ~ddition ~to the, rent/outl~ed above, the' TENANT,shall ~o¥tde ~e CZT'C, wiZ'n e,ther .~,000ki~,ry serv,c~,.'or a onetime caS'h~aymen'~ $75,0'0~.~r a c'~.binat[~X~ of both ca~ikxand/sl~,,rvices, equalling $7T-~000. tn k~nd ser'vib~s taus! be'~learfy delineated and agree~ upon~y the CITY. ' ' .. 6.02 After the initial term, each Annual Rent payment shall be submitted to the CITY no later than thirty (30) calendar days after the anniversary date of the Certificate of Occupancy. Annual Rent payments shall incur a late payment fee of 1.5% per month (18% per annum), calculated from the Certificate of Occupancy anniversary date, for any payment submitted to the CITY later than the date due. 6.03 See attached Addendum, Paragraph 3 - CPI 6.04 This is a net-net-net lease and TENANT shall pay all sales taxes, real estate taxes assessed against TENANT'S property, utility charges, cost of maintenance, and all other charges and expenses associated with the tenant's use of the demised premises of this Lease. Section 7. TERMINATION 7.01 The TENANT may terminate this Agreement by providing a ten (10) calendar day written notice prior to the effective termination date. 7.02 Pdor to the end of each five (5) year term, TENANT may terminate this .Agreement by providing written notice to the CITY at least six (6) months prior to the end of the current term. 7.03 Should TENANT default under any of the terms of this Agreement, CITY may terminate this Agreement for cause by providing a sixty (60) day written notice to TENANT; however, TENANT shall be given the opportunity to correct any default within thirty (30) calendar days of receipt of written notice. This Agreement shall not be terminated if such default is of a nature that it cannot be cured in thirty (30) calendar days and TENANT is diligently proceeding to cure such defect. 7.04 In the event of termination of this Agreement by TENANT, all rental fees paid prior to said termination date shall be retained by the CITY. 7.05 Upon termination, TENANT shall offer CITY first option to purchase said antenna structure and certain remaining improvements for the agreed upon sum of One Hundred ($100.00). Dollars. CITY shall have ninety (90) calendar days from the effective date of termination in which to exercise this option. Section 8. INDEMNIFICATION 8.01 General Indemnification: TENANT agrees to indemnify, save and hold harmless and defend CITY, its City Commission members, officers, agents and employees, from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of, in connection with or because of the use and occupancy of the property by TENANT or its officers, agents, employees or independent contractors under this Agreement or the breach of this Agreement by TENANT. Pursuant to its liability, TENANT shall pay ali claims, losses, liens or settlements or judgments, of any nature whatsoever, in connection therewith including, but not limited to, paralegal fees, attorney's fees and costs to defend all claims or suits, including attorney';s fees on appeal, in the name of CITY when applicable, and shall pay all cost and judgments which may issue thereon at both the trial and appellate levels. Such indemnification shall not be limited to the amount of comprehensive general liability insurance which TENANT is required to obtain under this Agreement. This indemnity shall not apply to any claims arising from an act of gross negligence or intentional misconduct of the indemnified party. 8.02 Nothing contained herein is intended nor shall be construed to waive CITY'S rights from immunities under the common law or Florida Statutes, 768.28, as amended from time to time. Section 9. INSURANCE 9.01 TENANT maintains a risk management program which provides for comprehensive general liability, property insurance and workers' compensation. Verification of said program has been submitted to the CITY'S Risk Management Coordinator. The CITY shall receive a thirty (30) calendar day written notice in event of any change in the current program having an effect upon the breadth of coverage with respect to limitations and any variance with respect to limits of liability, if less than those indicated in the program submitted to the CITY'S Risk Manager. 9.02 UPON EXECUTION OF THIS AGREEMENT BY TENANT, THE CITY OF BOYNTON BEACH SHALL BE NAMED AS AN ADDITIONAL INSURED AS ITS INTEREST MAY APPEAR WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF TENANT UNDER THE AGREEMENT. Section 10. ASSIGNMENT 10.01 This Agreement may not be sold, subleased, assigned or transferred at any time except to TENANT's principal affiliates or subsidiaries or its principal, or to any company upon which TENANT is merged or consolidated. As to other parties, this Agreement may not be sold, subleased, assigned or transferred without the written consent of the CITY; such consent shall not be unreasonably withheld. This provision will not preclude TENANT from allowing other parties to co-locate on the Property to Tower, so long as this Agreement is in effect, the City consents in writing, and the co- located equipment does not interfere with existing equipment. Section 11. COMPLIANCE WITH LAWS. 11.01 TENANT shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Boynton Beach, Palm Beach County, and of any other public authority which may be applicable. Section 12. GOVERNING LAW; VENUE 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Flodda. 12.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. Section 13. INSOLVENCY 13.01 In the event that either party shall become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding under the federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors, or become subject to rehabilitation, then, at the option of the other party and immediately upon written notice, this Agreement shall terminate and be of no further force and effect. Section 14. ENTIRE AGREEMENT 14.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof, superseding all pdor communication between the parties, whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election, but the same shall continue and remain in full force and effect. Section 15. SEVERABILITY 15.01 Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining to be invalid, illegal or in conflict with any laws of this State, the validity of the remaining to portions or provisions shall not be affected thereby. Section 16. NOTICES 16.01 All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested, to the following persons and addresses: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33068 WITH COPY TO: James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Flodda 33308 TENANT: Sprint Spectruc, L.P., a Delware Limited Partnership WITH COPY TO: Mastrina/Christiansen Attorneys at Law 2750 North Federal Highway Ft. Lauderdale, FL 33306 Section 17. OTHER PROVISIONS 17.01 Should the CITY, at any time during the term of this Agreement, decide to sell all or part of the Property to a purchaser other than TENANT, such sale shall be under and subject to this Agreement and TENANT's dghts hereunder, and any sale by the CITY of the portion of this Property underlying the right-of-way herein granted shall be under and subject to the dght of the TENANT in and to such right-of-way. 17.02 If the whole of the Property, or such portion thereof as will make the Property unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between CITY and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of CITY and TENANT hereunder. Nothing in this provision shall be construed to limit or affect TENANT's dght to an award of compensation of any eminent domain proceeding for the taking of TENANT's leasehold interest hereunder. 17.03 City covenants that TENANT, on paying the rent and performing the covenants, shall peaceably and quietly have; hold and enjoy the Property. 17.04 Attorneys' Fees. If any party obtains a judgement against any other party by reason of breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including paralegal costs, at both the trial and appellate levels. Section 18. PUBLIC RECORDS 18.01 CITY and TENANT agree that a copy of this Agreement shall be recorded in the Public Records of Palm Beach County, Florida, upon execution of this Agreement. The cost for recordation shall be paid by the TENANT. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. A'I-rEST: CITY OF BOYNTON BEACH, FL Approved as to Form: Mayor State of Flodda County of Palm Beach The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the ~5( day o~996, by Gerald Taylor, ,a~r~d-~3e-K3~se. City Clerk and Mayor, respectively. NOTARY PUBLIC SEAL OF OFFICE Pdnted, typed or stamped name of Notary Public exactly as commissioned Individuals who signed are personally known: no identification produced TENANT Attested by: Title: STATE OF FLORIDA COUNTY OF ) ) ,p HEREBY CERTIFY that on this ~';"-~'~ dayof ,D,:.~,~-~./~ - _-..._..,,'b,..+~,,~,c -5 o , /¢ ~, before me personally appeared F,-~.~z~'N /... x.,' ~-,,f~.. of PCS, to me personally known to be the individual who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein expressed on behalf of PCS. WITNESS my hand and official seal of this -.-~ <. ¥,.. ~..__.. -~ ~ , J.~..~. My Commission Expires: 900182 .o"~ti~li~%? Tower. lse '~ Rev. 5/22/96 6/4/96 DF. BRA ANN STEPPE C0MMI~edON · CC 524148 EX.RES JAN 11, 0"'02/1996 0cJ:54 9544;'¢211~ ~- OFt:'~CE ~t~POT .:'!; e2 ~447 ' ~8 MT~ ENTRY AND TESTING TKIS AGEEE~I~ CA4xeemen~ m ma~e ~d ente~ into as o~ ~e ~ ~ay of ~av . i99~. ~ ~d be~een THe City o[ Bovutqm Beach . _ COwne~ Sp~Spe~m LP. ("Sprint S~~'), ~n~g ~he fo~w~g de~ p~pe~ ow~ by Owner ~ope~y~: _ ~r Tank Storage Facility A, Sprktt Spectrum has a~ interest in [leuin~purchatinl] the Propert~ for uae u & cower or a~te~ lite for C~te receipt and tma~misaion of wireleu commtmications signals; B. In omier far Sprint Specuxun to determine r~he viabil~ and ~ffi~ of ~ P~p~ u a ~er or ~m~a site, it ~ n~.~ ~ empl~, ~n~ ~ ~peudent ~~ of Sp~t 9~ ~ en~r' upon ~d ~ ~ ~pe~ ~or ~mpor~y ~ ~~~ ~d to ma~ appian with ~l, ~te ~ ~de~ ~~en~ ea~es for app~v~ of ~ ~pe~ ~ a ~wer or ~~ ~; ~d C. Owner and SI}r~nt Spectrum deiir, co pzvvide for the entry upon, bispeccion and/or tascin~ activities, and apptication,, concerninl the Prop~z~ puzsuant to the r~rms contained in this Agr~ment. NOW, TKEREFORE, in conaideration of the mutual promisee, cnvenantl, undertakings, and or, hew consideration set; forth in thi..Agreement. Owner and SprLnt Spectrttm agree as follows: L Consent. Owner cou~n~ and ~ees th,it Sprint Spectrum. ica employees, a~eut$ and independent contractors ("Auchorizei P~r~ies') may enter u~om r. he Pzolm~. to conduc~ and perm ~me or a~~ ~e~ ~egS: s~ys, ~eotechni~ ~fl bo~p and ~s. p~ [ eu~ental audi~, b~a~ s~e~, ~ p~pagation ~, ~d s~h ~r ~s and ~p~ of ~ P~e~ w~h Sp~t Sp~ may ~m ~.~ or ad~aabb. Sp~c ~o~bb for ~y and ~ ~ ~h~d ~ mention ~ and opera~n and mmo~ ofeq~menc on vemwa t.O, D~ml I t.J$,~J RLECEIVED CITY MANAGER'S OFFIC~ ~4/02/1996 09:54 end ~de~ ~ve~en~ end.s who~ ~pp~ul Sp~t Sp~m ~ co~ider ut~ or a~b ~ have ~ ~y app~ u & ~er or ~n~ ~e, ~clu~. but not limi~d =o, ~~en~l epprovels ~r :on~g vein.s, ~g app~ons, bu~g permi~ ~d we~lend ~=mita. Ownez ~e~ a~s thac ~ ex~d ~py of ~ A~ment ~ as e~ve as ~ o~ Howe., ~ ~ues~d by ~ Auto.ed P~es, Owner z~es m ex~u~ s~ ~r ~d ~r d~en~ a~ may be ~q~ed by ~e ~ve~m~l en~ ~ ~u~n ~o e~den~ O~er's ~n~a: ~ ~e a~n w~ ~ p~d ~ be ~en. upo~ c~; AccesL Owner _a~r.. ch.c cb Authorized Ps.-~b. mar enter Propet~ ~o perform ~e Ptrm~L~ed Activates upon execution of nma.v have accou S. Iudenmi~. Sprint .~.pect~-um qreee co in4euLui~, save Sp~ ~ ~ s~ ~, l~o~. ~s. ~bHi~ end e~ ~ ~bh ~ys' h and ~y jud~enc cbt mey be en~red ~h~. ~. l~urance, At ~r's ~qu.c. Spent Sp~ a~ v~nim I.G. Oma t 1.3G4~ 7. Governinl Law. The part~ a~ree ~ac ~he interpretation and constructioq of this .44zeement sh~ti be Woverne~ b~ tee laws of the stem of ~ wichou~ reward co su~ state's ~ntl~ o~ laws provisions. IN ~ W'li~REOF, ~he parties kereto have exerted chis Agreemen~ as of ~e day and y~ar fu-st above wric~en. Nme: Tg. le: Date: vm t.~l, Oasl 3 VII.-CONSENT AGENDA CITY OF BOYNTON BEAC! ITEM C.9 AGENDA ITEM REQUEST FOlxtv Requested City Commission Meeting Dates [] December 3,2002 [] December 17,2002 [] January 7, 2003 [] January21,2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March4, 2003 [] March 18, 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Adoption of a Resolution prohibiting professional boxing, kick-boxing, and mixed martial arts within the jurisdictional boundaries of the City. EXPLANATION: It was recently announced that a professional boxing match is scheduled for January 24, 2003, at the Club Ovation night club. As a condition of promoting and holding a professional boxing match, a promoter must obtain from the Florida Boxing Commission a fight event permit. The Florida Boxing Commission is not authorized to issue a permit for an event in any City that has adopted by Ordinance or Resolution a ban on such events. The City has no current Ordinance or Resolution banning professional boxing. The intent of this Resolution is to satisfy the statutory requirement and hereafter prohibit professional boxing, kick-boxing, or mixed martial arts matches. Notwithstanding the state permitting issue, a professional boxing event at Club Ovation would violate City zoning and occupational license regulations. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Maintain the status quo and allow properly licensed and permitted professional boxing matches within the City boundaries. Department Head's Signature City Attorney Department Name City Manager's Signature City Atto/'t~l/~ ~Vnance / Human Resources S:\BULLETINLFORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROHIBITING ANY MATCH OR PROGRAM OF MATCHES OF PROFESSIONAL BOXING, KICKBOXING OR MIXED MARTIAL ARTS WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY; DIRECTING THE CITY CLERK TO FILE A COPY OF THIS RESOLUTION WITH THE FLORIDA STATE BOXING COMMISSION AND OTHER STATE AGENCIES WHICH ISSUE LICENSES AND PERMITS FOR MATCHES OF BOXING, KICKBOXING OR MIXED MARTIAL ARTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission finds that it is in the best interest of the health afety and welfare of the City, its residents, and businesses to prohibit any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City of Boynton Beach, Florida; and WHEREAS, it is the intent of this Resolution to prohibit, under the authority of §548.033, Florida Statutes, the issuance of a permit by the Florida State Boxing Commission or any other state regulatory agency for any match or program of matches of professional boxing, kickboxing, or mixed martial arts, within the jurisdictional boundaries of the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Section 2. Any match or program of matches of professional boxing, kickboxing or mixed martial arts within the jurisdictional boundaries of the City of Boynton Beach is Section 3. The terms "match", "boxing", "kickboxing", "exhibition", 'professional" and "mixed martial arts" shall be defined as those terms are defined in {}548.002, Florida Statutes. Section 4. The City Clerk is directed to file a copy of this Resolution with the Florida State Boxing Commission and other state agencies which issue licenses and permits for matches of boxing, kickboxing or mixed martial arts. Section 5. The City Administration is authorized to execute documents necessary to effectuate the intent of this Resolution. S \CA\RESOkAdministrative~Boxing doc Section 6. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk ~: \CA~.E SOLa. dminis t rative~Boxmg doc VI]"'CONSENT AGENDA ITEM D.1. CITY OF BOYNTON AGENDA ITEM REQUEST l 'l,)RN1 Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January7,2003 [] January21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18. 2003 Date Final Form Must be Tumed in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admmislxative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 21, 2003 City Commission Agenda reader - Consent Agenda. Request was postponed from the January 7, 2003 City Commission meeting per the applicant.-?h~ e ' Planning and Development Board with a 3 to 3 vote, forwards this item without a recommendation. For further &taila pertaining to the request, see attached Department of Development Memorandum No. PZ 02-289. -~' EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: High Ridge Commerce Center #2 (CDPA 02-002) Winston Lee & Associates, Inc. David & Leighan Rinker Southwest comer of High Ridge Road and Miner Road Request for an appeal from Land Development Regulations Chapter 9, Section 11.J. to permit overhead bay doors to face High Ridge Road. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ,~l N/A Development~lSePart~n~)~ec-tor- Planning and Zoning Director City Manager's Signature City Attorney / Finance / Human Resources S:XPlanning~SHAKED\WPh°ROJECTS~High Ridge Commerce Park All FoldersXHigh Ridge Commerce Ctr. #2\CDPA 02-002XAgenda Item Request High Ridge Comm. Ctrg2 CDPA 02-002 - 1-21-03.dot S:\BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-289 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Chairman and Members Planning and Devetoprpent Board Michael W. Rumpf,~.~}./~-~'/ Planning and Zonin'g Director December 9, 2002 High Ridge Commerce Center #2 - CDPA 02-002 Appeal from Chapter 9 - Community Design Plan (Overhead Doors) NATURE OF REQUEST Winston Lee of Winston Lee & Associates, Inc., agent for Levitt Commercial (see Exhibit "A" - Location Map), is requesting approval of a Community Design Plan Appeal to allow overhead bay doors to face High Ridge Road (see Exhibit "B" - Proposed Elevations). This appeal is being submitted in conjunction with a site plan application (NWSP 02-019). BACKGROUND The applicant proposes to construct two (2) single-stow light industrial / manufacturing buildings with future mezzanine areas for a total of 139,500 square feet on a 10.4-acre parcel. According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, High Ridge Road is listed as a roadway where building elevations shall not display overhead bay doors. Due to their high degree of visibility, these major roadways within the City are subject to higher standards related to building appearance. ANALYSIS This subject property is located north of Gateway Boulevard on the west side of High Ridge Road, directly south of Miner Road. The restriction of not allowing the bay doors to face High Ridge Road is predicated on the concept that the roadway is very visible and that overhead bay doors are unsightly. High Ridge Road, as well as the other roadways listed in Chapter 9, Section 11.J. of the Land Development Regulations, are considered entrances into the City. Buildings located on these roadways should be held to a higher level of architectural standards. The neighboring properties on the east side of High Ridge Road are either zoned Light Industrial (M-l) or Planned Industrial Development (PID). Furthermore, the City Commission recently approved abutting property to the south for townhouses (Quantum Park & Village North - SBMP 02-002) The City commission recently approved a similar Community Design Appeal to allow overhead bay doors to face High Ridge Road for a property located south of Gateway Boulevard. In that project (Quantum Park Lots 73-76 - CDAP 02-001 ), the applicant only needed overhead bay doors on one (1) building side. They chose the west building fa(j;ade. Staff analysis recognized that the building would have been much more visible (to a greater number of vehicles) on Interstate 1-95 than High Ridge Road. This was because the property was located at the terminus or "dead-end" of High Ridge Road. The analysis also acknowledged that the overall number of vehicles traveling on High Ridge Road was far less than the sheer volume of traffic on Interstate 95 and that the impact to High Ridge Road would have been minimal due to the isolated nature of High Ridge Road at the subject location. ]ge 2 ,v~emorandum No. PZ02-289 High Ridge Commerce Center #2 CDPA 02-002 The applicant has suggested that for industrial projects, the market demands a high number of smaller- sized (2,000 square feet) tenant spaces. In deference to this demand, the applicant is proposing tenant bays (with overhead bay doors) on both the front and rear sides of the building; in this case, the east 'and west sides of the buildings. For this particular project, the Design Appeal process is appropriate due to the unique characteristics and constraints of the subject property. One site constraint is that the subject parcel is long and narrow for an industrial user. The second design problem is that 25% of the subject site must be set aside for preservation of the A-rated Scrub habitat on the western portion of the property, which creates an even more narrow lot. This lack of depth hinders the developer from constructing the buildings in a way so that the orientation of the overhead bay doors could be directed towards the north or south. Also, the required preserve area is located along the western fringe of the property. The overhead bay doors could have been effectively screened from public view on High Ridge Road had the preserve area been located along the eastern quarter. The prese~e area not only reduces the lot's total buildable area resulting in less opportunities for compliant building design, but its location on the western portion of the lot does not help facilitate the screening of the overhead bay doors that face toward the east. The Land Development Regulations do not specify types of trees required in landscape buffers adjacent to rights-of-way. To buffer the overhead bay doors, the applicant proposes to install shade trees rather than ,.~alm trees within the front landscape buffer adjacent to High Ridge Road. Also, the regulations require the trees be spaced / installed a maximum of one (1) tree per every 30 linear feet. The landscape plan will exceed the minimum standards by proposing a 20-foot tree spacing. Hence, the proposed tree types and spacing demonstrates the applicant's willingness to meet the intent of the Land Development Regulations (screening of overhead bay doors). During the site plan review process, the applicant agreed to reduce the number of overhead bay doors that are proposed to face High Ridge Road. Furthermore, the design of the east fa(j:ade (facing High Ridge Road) has been greatly enhanced. The bay doors will be recessed approximately five (5) feet from the front of the building and will be painted to match the main wall color of the building. This gives the impression that the bay doors will "blend" into the fagade. Slatted "Key West" type awnings are proposed above all windows and architectural elements have been added to the main pedestrian entdes facing High Ridge Road. The east elevations show that each entry feature will be enhanced with "knock-out" panels to be installed at the proposed mezzanine level. This will allow each prospective tenant to either retain the panels as-is or to saw-cut the panels in favor of installing windows without disturbing the integrity of the reinforcement bar. The legs of the spandrel panel will have multiple score lines and a small planter will be installed at their base. Finally, the varying heights of the parapet wall will draw the eye's attention away from the bay doors. RECOMMENDATION Staff recommends approval of this request to locate the overhead bay doors on the east building fa(;ade. Any conditions recommended by the Board or City Commission shall be included in Exhibit "C" Conditions of Approval. xc: Central File S:\Planning\SHARED\WP~PROJECTS\High Ridge Commerce Park All FolCers~Hig~ Ridge Commerce Cir. #2\CDPA 02-002~staff re~ort.doc Location Map HIGH RIDGE COMMERCE CENTER #2 EXHIBIT "A" ~PU~BE R1AA ,SITE NIC R1 1000 1000 Feet EXHIBIT "C" Conditions of Approval Project name: High Ridge Commerce Center #2 File number: CDPA 02-002 Reference: 2"d review plans identified as a New Site Plan with an December 3. 2002 Planning and Zoning Department date stamp markinz. DEPARTMENTS PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Cowanents: None ENGINEERING DIVISION 1-NCLUDE REJECT Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None COA 12/09/02 2 DEPARTMENTS i'NCLU'DE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: l. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. MWR/elj S:\P!anning\SHARED\WP\PROJECTS\High Ridge Commerce Park All Folders\High Ridge Commerce Ctr. #2\CDPA 02-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Center #2 APPLICANT'S AGENT: Winston Lee, ASLA, AICP/Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: Request approval of a Community Design Plan Appeal to allow overhead bay doors to face High Ridge Road. LOCATION OF PROPERTY: Southwest corner of bliner Road and High Ridge Road DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the Cit'/'s Land Development Regulations. o The Applicant __ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the Public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". ,. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk $.\p~anmng,,SHARED\WP~PROJECT$\Hi~t~ R~d~e Commerce P~r~ All ¢o~ders~Hi~ I~d(:Je Co,mme~¢e Cir. ;:~t'Z~CDPA 02-OO2\COcloc EXHIBIT "C" Conditions of Approval Project name: High Ridge Commerce Center #2 File number: CDPA 02-002 Reference: 2"a review plans identified as a New Site Plan with an December 3. 2002 Plannin,~ and Zoning Depmtment date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEE~G DMSION Comments: None X BUILDING DMSION Comments: None I X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X COA 12/18/02 DEPARTMENTS INCLUDE R. EJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: I. None X ADDITIONAL CITY CO1VhVIISSION COMMENTS: Comments: 2. To be determined. mWl elj S:\Planning\SHARED\WP~PROJECTS~High Ridge Commerce Park All Folders~High Ridge Commerce Ctr. #2\CDPA 02-002~C~.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Center #2 APPLICANT'S AGENT: Winston Lee, ASLA, AICP/Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: Request approval of a Community Design Plan Appeal to allow overhead bay doors to face High Ridge Road. LOCATION OF PROPERTY: Southwest corner of Miner Road and High Ridge Road DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ... HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit ~C" with notation 'Included". The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~anmng~SHARED~WP~PROJECTS~-#gt~ Ridge Commerce Pa~ .MI F~l~li~ Ridge Commerce Crt. t~'~CDIaA 02-OO2U~X).dOC VII.-CONSENT AGENDA CITY OF BOYNTON ITEM D.2 AGENDA ITEM REQUEST. Requested City Commission Meeting Dat~ [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must b~ Turned in to Ciw Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February [ 8, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business ~-; [] Public Hearing [] Legal c.: [] Bids [] Unfinished Business .-~ ~ [] Announcement [] Presentation - ' .z. ~ [] City Manager's Report r.~ .~ RECOMMENDATION: Please place this request on the January 21, 2003 City Commission Agenda under Consent Agenda. Request was postponed fi:om the January 7, 2003 City Commission meeting per the applicant. The Planning and Development Board with a 3 to 3 vote, forwards this item without a recommendation. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-282. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: High Ridge Commerce Center #2 (NWSP 02-019) Winston Lee & Associates, Inc. David & Leighan Rinker Southwest comer of High Ridge Road and Miner Road Request new site plan approval to construct two (2) light industrial buildings totaling 139,500 square feet on 10.4 acres in an M-I zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D e v..~en~ D ~ ~.~'~l~c t~~ Planning and Zoning~)irector City Manager's Signature City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTSYHigh Ridge Con'm,~cee Park All Folders~-Iigh Ridge Co~e C~'. #2LNWSP 02-019~Ag~nda [tern Request High Ridge Corem. Cir,2 NWSP 02-019 - 1-21-03.dot SABULLETINLI:ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-282 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION December 10, 2002 DESCRIPTION OF PROJECT Project Name/No.: HIGH RIDGE COMMERCE CENTER #2 Property Owner: David B. & Leighan Rinker Applicant: Levitt Corporation Agent: Winston Lee, ASLA, AICP / Winston Lee & Associates Location: Southwest corner of Miner Road and High Ridge Road Land Use/Zoning: Industrial (I) / Light Industrial (M-1) Type of Use: Office / Warehouse Project size: Site Area: Building Area A: Building Area B: Lot Coverage: Future Mezzanine: Total Building Area: 452,798 square feet (10.4 acres) 75,099 square feet 34,250 square feet 109,350 square feet (24.1%) 30,150 square feet 139,500 square feet (including future mezzanine) Adjacent Uses: (see Exhibit "A" - Location Map) North Miner Road right-of-way; farther north is residential property in unincorporated Palm Beach County, zoned Single-family Residential (RS); South - Quantum Park Lot 88, future townhouse development, zoned Planned Industrial Development (PID); East High Ridge Road right-of-way; farther east is developed industrial property, zoned Light Industrial (M-1); and West Undeveloped residential properties in unincorporated Palm Beach County, zoned Single-family Residential (RS). Proposal: Mr. Winston Lee, agent for the contract purchaser, Levitt Corporation, is requesting site plan approval to construct two (2) single-story light industrial / manufacturing buildings, which will total 109,350 square feet on the above referenced parcel (see Exhibit "B"- Proposed Site Plan). Individual tenants within each bay may build their own future mezzanine area. According to the site plan tabular data, the collective area of future mezzanine areas will not exceed 30,150 square feet; therefore the total building area shall not exceed 139,500 square feet (see Exhibit "C" - Conditions of Approval). Paqe 2 Hicj~ RidGe Commerce Center #2 - Site Plan Review Staff Re0ort Memorandurn No. PZ 02-282 Site Characteristics: The subject property is a rectangular-shaped tract of heavily vegetated, undeveloped land. The site is bounded on the north and east by paved roads, on the south by a cleared field and by an undeveloped wooded tract to the west. The southeast corner and an area along the north boundary of the property have previously been cleared. The southern area is open with some scattered exotic trees and the northern area has a dense growth of ~xotic shrubs. According to the Reconnaissance Level Field Assessment (September 10, 2002), the U.S. Department of Agriculture Natural Resource Conservation Service Soil Survey of Palm Beach Coun~ indicates that the substrate of the property is Paola sand (PCB) with an intrusion of St. Lucie sand (ScB) along the western edge of the property. Both of these soils are nearly level to sloping, excessively drained, deep, sandy soil on long narrow, dune-like coastal ddges and on isolated knolls. The water table is generally below a depth of six (6) feet. Other than mockingbirds and mourning doves, no wildlife was observed dudng the survey. Several gopher tortoise burrows were noted within the more open areas of the site; three appeared active. A comprehensive search to map the location of the active and inactive burrows and quantify live specimens will be conducted at a later date (see Exhibit "C" - Conditions of Approval). No areas of jurisdictional wetlands occur on the subject property. Concurrency: a. Traffic- A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. b. Drainage- Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. Driveways: On-site traffic circulation will consist of two (2) points of ingress / egress on High Ridge Road, separated by approximately 590 feet. No point of access is proposed on Miner Road. Both entrances will be 25 feet in width and allow for left / straight / right-turn egress. The loading areas are proposed in the front of each bay. As proposed, all vehicles (including emergency) will have adequate room to maneuver between the proposed buildings and circulate throughout the site. Three, two-way ddve aisles 25 feet in width provide service and customer access to proposed parking areas and the three (3) dumpsters located to the rear of the buildings. Parking Facility: A total of 279 parking spaces are required based on one (1) space per 500 square feet of gross floor area. The number of parking spaces provided equals 279 including eight (8) spaces designated for handicap use. All spaces, except handicap spaces will be dimensioned nine (9) feet by eighteen feet. The parking space proposed along the eastern landscape buffer will require approval of a variance to allow parked vehicles to encroach two (2) Page 3 High Ridge Commerce Center #2 - Site Plan Rewew Staff Report Memorandum No. PZ 02-282 Landscaping: feet into the required seven (7) foot buffer (see Exhibit "C" - Conditicns of Approval). As proposed, the backup distance of the parking stalls and/or drive aisle will be 25 feet in width. This deviation from the City Standard Orawing will require approval of an administrative waiver from the Engineering Division (see Exhibit "C" - Conditions of Approval). Parking spaces and drive aisles will surround all sides of the buildings, except in locations where loading zones are proposed. All handicap spaces will be located near the building entrances. Little pedestrian traffic is anticipated. This 10.4-acre site is recorded in the Inventory of Ecosystems in Palm Beach County, Phase III Report, Iverson and Austin, July 1988 document as part of County site "Eco-87 Quantum NE Scrub. The site was given an "A" rating for quality of the environmentally sensitive scrub habitat located on the parcel and is best described as a sand pine dominated scrub habitat. The wooded area of the site is densely covered with sand pine of vadous ages with an understory of scrub oak. According to the 2002 Field Assessment report, the southern open area of the property contains roadside weeds such as Spanish needles, Caesar weed, Ragweed, Periwinkle, and vadous other grasses and forbs associated with open fields. Pdckly pear cactus was also observed within the southern open area as well as in other portions of sunlit exposed areas of the parcel. The exotic canopy is sparse and consists of pdmadly Eadeaf acacia, Australian pine, or Brazilian pepper. Two thirds (2/3) of the subject property is forested with sand pine and slash pine. The understory is predominately scrub oak, Chapman's oak, Sand Live oak, Saw palmetto, and Flodda pdvet. Approximately 2,097 trees will be preserved along the western 25%, or 2.6 acres of the subject site. On the landscape plan, the applicant will be required to indicate the existing trees that will be relocated or removed (see Exhibit "C" - Conditions of Approval). The proposed pervious or "green" area, excluding the preserve area, will be 98,206 square feet or 21.6% of the total site. According to the landscape plan, the site will contain 96.7% native trees and 51% native shrubs / groundcover. Live Oak trees spaced one (1) tree for every 20 feet are proposed within the front landscape buffer adjacent to High Ridge Road (the landscape code requires a minimum spacing of 30 feet). The front landscape buffer will also contain a continuous row of Redtip Cocoplum hedges with clusters of Croton and Hawaiian Tie. Purple Glory and Sabal palm trees with clusters of Lidope are proposed on each side of the entranceways off High Ridge Road. The interior and terminal landscaped islands will contain Dahoon Holly or Sabal Palm trees with Kimbedy Queen fem. The three (3) dumpster enclosures proposed along the west property line will have Redtip Cocoplum on all three (3) sides with a Live Oak tree to be planted to the rear. A row of Live Oak trees and Redtip Cocoplum hedges are proposed along the northern edge the proposed parking and vehicular use areas. The site's 0.75-acre retention area is proposed at the northern portion of the property. Live Oak and Sabal palm trees are proposed along the north property line adjacent to Miner Road. The northeast corner of the property will have Sabal palms and Purple Glory trees with clusters of Croton and Kimberly Queen ferns to be installed at the base. The southern landscape buffer will be five (5) feet in width and contain a row of Live Oak trees and Redtip Cocoplum hedges. The sides of the building will have a planting strip with Sabal palm trees and Vibumum. Page 4 High Ridge Commerce Center #2 - Site Plan Review Staff Re.oort Memorandum No. PZ 02-282 Building and Site: Community Design: Signage: Building and site regulal:ions will be fully met when staff comments are incorporated into the permit drawings. The southernmost building (Building "A") is proposed to be located 58.45 feet from the south (side), 86.35 feet from the preserve area to the rear, and 71.79 feet from the front property lines. Building "B" will be setback over 319 feet from the north (side) property'line, 66.35 feet from the preserve area to the rear, and 71.79 feet from the front property line. The floor plans show that each building will be separated in half by a firewall. The larger Building "A" will have 28 bays while the smaller Building mB" will have 12 bays. The prospective tenant for each bay could choose to have a mezzanine area, which may be subject to the requirements of the handicap accessibility code (see Exhibit "C" - Conditions of Approval). The proposed buildings will be one-stow structures with the top of the flat roof to stand 26 feet - six (6) inches in height. The top of the roofline will be 31 feet - six (6) inches in height at each entry feature. The overhead doors for loading areas are proposed on both the front and rear sides of each building (see east and west elevations). The overhead doors on the front (east elevation) will face High Ridge Road, a road identified by the Community Design Plan where overhead doors may not be seen. Approval of this project is contingent upon the granting of the accompanying Community Design Plan Appeal (see Exhibit "C" - Conditions of Approval). The proposed color of the building will be light yellow (40YY 67/087 - Pillar) with the accents ranging from light to dark green (awnings). A more complete analysis of the proposed design of the project is provided in the accompanying staff report for the Community Design Appeal (CDPA 02-002). The permitted wall signage area is based on one (1) square-foot of sign area for each one (1) linear foot of building frontage. The attached "Proposed Tenant Identification Non-Illuminated Flat Cut Letters" show that each tenant sign will be 32 square feet in area with dark green letters. Collectively however, the maximum allowable area for all wall signs shall not exceed 830 square feet (see Exhibit mC" - Conditions of Approval). The elevations indicate that wall signs will appear on the east and west building facades, above the entrance to each bay. The applicant is proposing one (1) monument sign to be located along High Ridge Road. The location of the monument sign is required to be setback ten (10) feet from the east property line, and shrubs are to be installed at the base (see Exhibit mC" - Conditions of Approval). According to the sign detail, it will be externally illuminated with ground lighting. Also, the address and individual sign lettering will be green. The monument sign's proposed location, limited visibility, and roadway design speed do not support excessive sign heights. Therefore, staff recommends reducing the overall height of the monument sign to match previously approved monument signs in the industrial areas, from 11 feet - five (5) inches to ten (10) feet (see Exhibit "C" - Conditions of Approval). The project will have a non-illuminated entrance sign. It will be nearly two (2) feet in height and three (3) feet - six (6) inches in length. The directory sign Page 5 High Ridge Commerce Center #2 - Site Plan Review S[aff Report Memorandum No. PZ 02-282 appears to be over 30 inches tall and two (2) feet wide. The lettering font and color of the entrance and directory signs appear to match the above referenced signs. Both the entrance and directory signs should be shown on the site plan (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: Staff recommends that this site plan request be approved contingent upon the approval of the variance request (ZNCV 02-015) to allow vehicles to overhang in the required front landscape buffer and the Community Design Appeal to permit overhead bay doors to face High Ridge Road (CDPA 02-001). In addition, the project must receive an administrative waiver from the Engineering Division to allow a reduction in the minimum back-up distance, from 27 feet to 25 feet. In addition, the plans will be required to comply with the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:~lanning~hamd~Wl3~rojects\High Ridge Commerce Pank All Folders',Hign Ridge Commerce Ca'. ~2~,NWSP 02-019\staff rel3on.c~oc Location Map HIGH RIDGE COMMERCE CENTER #2 EXHIBIT "A" R1AA PUI~ SITE NIC PARK / 1000 ::== '--P_UiD PID _Q.OMMERCE~D :--- ~ -- 1000, Feet w+=. $ ,'j i ]: ' ' I :I i :l ,,, 'I~:,I: l.: k ,JJ ..... t~ EXHIBIT' "B" EXHIBIT "B" !{ lSlt 'i i I-I-t i'i'l! EXHIBIT' 'B" !! !{ r :! EXHIBIT "B" EXHIBIT "B" [.-2 t~,_ . t~lantin~ l~tar Ov~_ral! ~it~ EXHIBIT "B" ,?, EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" _z z ~ z G~ z ..',VISA ', ,APPROVED RESUgMIrwIcHANGE$ REVISIONS ¢OMt4~MT$ HIGH RIDGE COMMERCE PARK EXHIBIT "B"-"' PROPOSED D/F N©N-ILLUMINATE~D MONUMENT SiGN HIGH RIDGE COMMERCE CENTER ~'"='""~"'~" 1234-1234 (A~-~) 1-1/2' X 1-1/2"X3/16" ALUM. ANGLE CONTINUOUS WELDED SPACE FItAME .090' ALUMINUM FACE. SANDED. PI~IMED, STUCCO FINISHED TO MATCH H.R.C.R2 COLORS GP. APHICS 1/4' PIN MOUNTED FLAT ALUMINUM PLATE LET'rE~s EXTERNALLY ILLUMINATED W/GRCUND LIGHTING PROPOSED D/F ENTRANCE SIGN EXHIBIT "B'1 HIGH RIDGE COMMERCE CENTER I! ENTRANCE C©NS~UCT'~N ALL ALUM. NON-IlLUMINATED O/F ENTRANCE SIGN .090" THICK ALUM SIGN FACE SANDED, PRIMED, PAINTED POLYURETHANE ACRYIJC ENAMEL TO MATCH COMMERCE CENTER COLORS. 4'×4' ALUM POSTS W/.080 ALUM POI.~ COVER GRAPHICS H.R VINYL COLORS TO MATCH DARK GREEN HIGH RIDGE COMMERCE PARK ~IG~JE0 O,~TE ;-1CO0 CvIsA : "API~ROV~D . RESUBMIr'NICHANGE$ EXHIBIT PROPOSED S/F TENANT DIRECTORY WAYFINDING SIGNAGE DIRECTORY 1000 - 1000 1200 - 1200 1.S00 - 1500 · : · CONSTI~UCTION NOTES: ALL ALUMINUM NON4U. UMINATED S/F DIRECTORY SIGN .090" THICK ALUM SIGN FACE ~J~DED, PRIMED, PAINTED POLYURETHANE ACRYUC ENAMEL TO MATCH COMMEI:K:E CENTER COLORS. ~', 4'×4" ALUM POSTS W/.080 ALUM POLE COVER ~C~ GRAPHICS H.P. ViNYl. COLORS TO MATCH DARK GREEN SI~I'IEO C..'*.TE '-~ CO0 ,'-". VISA , .~ APPROVED ~·IRESIJBt. IIT ','vi CHANGES sO~,J NEWi4M~ 1~3AO - I.~(~ F~M~K, ~. 33e03 Li'-cL. (M, IJ IIIL~ 7 Mil flAX: jSJll M~-227Q REVISIONS I "~"'"¢'"'""~"'"' HIGH RIDGE COMMERCE PARK 2 BOYNTON BEACH, FL J I NIPM'~MT'~T~V~ JERRY .J IMWlN~ ~AT~ Q:~:M~I ~eJentalf~MtN~H~Jh Ridge Cummerce P,Ir~ ), . J EXHIBIT "C" Conditions of Approval Project name: High Ridge Commerce Center #2 File number: Reference: 2~ review plans identified as a New Site Plan with an December 3, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUT) E REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: l. An Administrative Waiver will be required for a change in the back-up X distance (for parking) from 27 (twenty-seven) feet to 25 (twenty-five) feet. This request should be addressed to the City Engineer and document the need for the waiver. 2. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 3. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permircin~ BUILDING DFVISION Comments: I COA 12./ 18/02 2 DEPARTMENTS INCLUDE P.EJECT 4. Indicate within the site data the occupancy type of each building as defined in X Chapter 3 of the 2001 Florida Building Code. 5. At time of permit review, submit signed and sealed working drawings of the proposed construction. 6. A water use permit for the irrigation system from South Florida Water X Management District will be required at time of permit submittal. 7. Vertical accessibility may be required at tenant improvements. X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 8. Prepare a Management Plan document detailing the proper management and X maintenance of the 2.6 acre preserve. A tree wall / well must be installed along the entire perimeter where the elevation difference between the 2.6 acre preserve perimeter and the site is $reater than six inches to one foot. 9. The existing gopher tortoises must be addressed with a permit from the X Florida Wildlife Commi.sion. I0. Indicate on the landscape plan the existing trees that will be relocated or X removed / replaced on the site. These trees are in addition to the Landscape Code recluired trees and should be indicated with a separate symbol. PLANNING AND ZONING Comments: 11. The two (2) feet of vehicle overhang into the required landscape buffer is not X allowed and would require a variance. Approval of this site plan is continent upon the approval of the variance request (ZNCV 02-015). 12. The back-up distance behind the 90° parking stalls is required to be 27 feet in X width. The plans show the back-up distance of 25 feet in width. This will require an administrative waiver from the Engineering Division. 13. The overhead bay doors shall not be located on the building f~ade facing X High Ridge Road. Approval of this site plan is contingent upon the approval of the request for the Community Design Plan Appeal (CDPA 02-002). COA 12/20/02 3 DEPARTMENTS INCLUDE REJECT 14. The total future mezzanine area is 30,150 square feet; therefore the total X building area shall not exceed 139,500 square feet. Also, the site plan tabular data needs to accurately reflect all proposed building areas, including space designated for mezzanine area. ~' 15. Eliminate the symbol for the freestanding outdoor lighting fixtures on all X plans as only wall packs are proposed. 16. Show all proposed wall signage, including the lettering style, color, and X signage area. The maximum wall signage area shall be based upon the linear frontage of the two (2) buildings plus the depth (north elevation) of Building "B". 17. A directional sign is permitted provided that it does not exceed four (4) X square feet in area or five (5) feet in height with a limit of four (4) signs per lot. It/they must be lo~ated at points of parking lot ingress and egress (Chapter 21, Article IV, Section 2.F.). Show the location of the directional si~(s) on the site plan. l 8. The monument sign will be required to be located at least 10 feet from the X east property line with shrubs installed at the base. Staff recommends reducing the overall height of the monument sign from 11 feet - five (5) inches to 10 feet. 19. Show the location of the directors/si~ on the site plan. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS: Comments: 20. None X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 21. To be determined. S:~Planning~Shared~WpXProjectsV~-Iigh Ridge Comme~ce Park Ail Folders~HIg~ Ridge Commerce C~'. ~2~NV~P 02-019~COA. doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA High Ridge Commerce Center #2 Winston Lee, ASIA, AICP / Winston Lee & Associates, Inc. 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Southwest comer of Miner Road and High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by ~e public and supported by substantial competent evidence are as set forth on Exhibit *C" with notation *Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S;~pianmn~HAREI~WI~pROJECTS~ I~ C, ont~eme ~ All Fok;lem~lt VII.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEt AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3,2002 [] December 17, 2002 [] January 7, 2003 [] January21,2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetim, Dates Date Final Form Must be Turned in to City Clerk's Office [] February 4, 2003 January 21, 2003 (Noon) [] Februar~lg, 2003 February3, 2003(Noon) [] March 4, 2003 February 18, 2003(Noon) [] March 18. 2003 March 3, 2003(Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 21, 2003 City Commission Agenda under Consent Agenda. Request was postponed from the January 7, 2003 City Commission meeting per the applicant. The Planning and Development Board with a 5 to I vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-290. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: High Ridge Commerce Center #2 (ZNCV 02-015) Winston Lee & Associates, Inc. David & Leighan Rinker Southwest corner of High Ridge Road and Miner Road Request relief fi-om the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article II, Landscape Code, Section 3, B.4. to allow parked vehicles to encroach two (2) feet into a seven (7) foot landscape buffer area required by code for manufacturing/industrial building in a M- 1 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: /7~ J N/A Developm.~tf~e~tr~e~t Director Planning and Zoniflg Director City Manager's Signature City Attorney / Finance / Human Resources S:LPlanningLSHARED\WP\PROJECTSXHigh Ridge Commerce Park All Folders~High Ridge Commerce Clx. #2LZNCV 02-015XAgenda Item Request High Ridge Comm. Ctr#2 ZNCV 024)15 - 1-214)3.dot SABULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-290 STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Meeting Date: December 19, 2002 File No: Z'NCV 02-015 (vehicle encroachment in landscape buffer) Location: Southwest High Ridge Road and Miner Road, Boynton Beach, FL. Agent/ Applicant: Winston Lee, ASLA, AICP, Winston Lee & Associates / Levitt Corporation Owner: David and Leighan Rinker. Project: High Ridge Commerce Center #2. Variance Request: Request for relief fi.om the City of Boynton Beach Land Development Re~lations, Chapter 7.5, Environmental Regulation, Article II Section 3, B. 4, to allow parked vehicles to encroach two (2) feet into a seven (7) foot landscape buffer area required by code for a manufacturing/industrial building in a M-I zoning district. BACKGROUND The site is located on the southwest comer of High Ridge Road and Miner Road (see Exhibit "A" - Location Map). The applicant and contract purchaser is concurrently requesting approval of a site plan (NW'SP 02-019) to construct two (2) single-story light industrial / manufacturing buildings, which will total 109,350 square feet on the above-referenced parcel (see Exhibit "B" - Proposed Site Plan). Individual tenants within each bay may build their own future mezzanine area. According to the site plan tabular data, the collective area of future mezzanine areas will not exceed 30,150 square feet; therefore the total building area shall not exceed 139,500 square feet. A total of 279 parking spaces are required based on one (1) space per 500 square feet of gross floor area. The number of parking spaces provided equals 279 including eight (8) spaces designated for handicap use. All parking spaces will be located around the proposed buildings. All spaces, except handicap spaces will be dimensioned nine feet by eighteen feet (9' x 18'). However, the parking spaces proposed along the eastern landscape buffer are proposed to be nine feet by sixteen feet (9' x 16') with two (2') feet encroachment into the landscape buffer. Therefore a variance approval is necessary to allow parked vehicles to encroach two (2) feet into the required seven (7) foot landscape buffer. The subject property is "A" rated (i.e. Ecosystem of high quality) in the City's Listing of Natural Resource Sites as documented in the Comprehensive Plan. The City's Comprehensive Plan, Policy l.l 1.12 states: "The City shall continue to enforce existing development regulations that provide for open space preservation by requiring the preservation of 25% of all "A", "B", an4 Page 2 High Ridge Commerce Center #2 File No. ZNCV 02-015 "C" rated sites of 10 or more acres. These standards shall be placed as the conditions of approval for development orders and permits where applicable." (see Exhibit "C" - Comprehensive Plan Policy). Furthermore, Land Development Regulations Chapter 7.5, Environmental Regulation, Art IV. Section 6. Preservation of natural resource site states the same requirements (see Exhibit "D" Comprehensive Plan Listing of Natural Resource Sites). The following is a description of the land uses and zoning designation of the properties that surround this site: North: South: East: West: Miner Road fight-of-way, farther north is residential property, in Palm Beach County zoned Single-family Residential (RS); Quantum Park Lot 88, future town. house development, zoned Planned Industrial Development (PIE)); High Ridge Road right-of-way; farther east is developed industrial property, zoned Light Industrial (M-I); and Undeveloped residential property in Palm Beach County zoned Single-family Residential (RS). ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: ao That special conditions and circumstances exist which are peculmr to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. Co That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessa~, and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "E". Staff concurs with the applicant's response to criteria "a "and"b" Page 3 High Ridge Commerce Center #2 File No. ZNCV 02-015 above that there exists special conditions peculiar to the subject parcel, namely configuration of the lot and current City policy and reg~dations. Staff acknowledges the unique characteristics of the parcel. The parcel is long and narrow in depth. The subject parcel measures approximately 373 feet long by 1,232 feet wide. The site is "A" rated in the City's Listing of Natural Resource Sites of the Comprehensive Plan, which further limits maximum use of this parcel because 25% of the site (2.64 acres of the 10.394 acres) has to be dedicated for preservation. Further, Staff recommended the location of the preserve area along the western property line of the subject property as oppose to any other area in an effort to insure the consolidation of a uniform conservation/preserve tract when the westerly property, located outside of the city limit, would be development in the future. These restrictions add more challenges for developing this parcel. The site configuration does not leave sufficient room to design a building that is economically feasible and meets all Land Development Regulations. The lot layout and the policy and regulations in effect have presented special conditions and circumstances, therefore satisfying criterion "b" above. Furthermore, regardless of what uses are ultimately proposed for the subject property, within the scope of the allowable uses of the M-1 zoning district, the subject variance would likely be required, ~ the minimum variance needed to make possible the reasonable use of the land. With respect to criteria "¢" above, which relates to the magnitude and necessity of the variance, the subject property has to set-aside 25% preserve area, which makes a reasonable development scenario on this parcel challenging. The building is designed to maximize the site. The lo~cal design of the structure on this long and shallow lot includes placing the building centrally on the lot and closer to High Ridge Road. This location is at the eastern portion of the property allowing the preserve area (25% of the site) to be located along the western portion of the site. Alternatively, options for eliminating parked vehicle encroachment in the landscape buffer with the least design impacts appears to be limited to reducing the size of the structure, which would allow off-setting the parking area by two (2) feet to the west. This option would further increase the burden on the applicant to justify the cost of development for this parcel. With respect to impacts on the area, and satisfying criterion "f' above, the variance would be in harmony with the general intent and purpose of the ordinance, which is to provide a visual barrier between the off-street parking and the right-of-way. According to the applicant, the parked vehicles will only overhang the grass area and that the required landscape buffer plant materials will still be provided. It should also be noted that the landscape regulations were recently amended, in part, to increase the width of buffers along streets, fi.om five (5) feet to seven (7) feet. Therefore with the additional two (2) feet of width, adequate buffering will be provided despite the proposed vehicle encroachment. CONCLUSIONS/RECOMMENDATION. Based on the analysis contained herein, staff acknowledges that a hardship condition exits. Therefore, staff recommends that the requested variance be approved, thereby allowing parked vehicles to encroach into a seven (7) foot landscape buffer area required by code. Page 4 Higt~ Ridge Commerce Center #2 File No. ZNCV 02-015 No conditions of approval are recommended; however, any conditions of approval recommended by the Planning and Development Board or City. Commission will be placed in Exhibit "F"- Conditions of Approval. MDAJ S.\Plannm~,SH. ARED~WI~PROJECTS~HiBh R.~dlle Corrm~e~e All Fotde~'.Hl~h R,d~e Corm'am'ce C~-nt.et' ~.~ZNCV 0.%015 STAFF REPORT doc: Location Map HIGH RIDGE COMMERCE CENTER #2 EXHIBIT "A" R1AA PID RGF___~D_ ~PU_, SITE NIC R1 M1 1000 1000 Fe~! -'! , f EXHIBIT "C" regulations and pertbrmanc¢ standards which are feinted to groundwater protection. Policy 1.11.6 The City shall continue to adopt and enforce regulations to require percolation of the first one-half inch of stormwater runoff into grassy swales or other landscaped areas, through the enforcement of pertinent regulations, and require inlets and catch basins to be located in grassy swales or other landscaped areas, except on 'sites of less than one-half acre where the application of this requirement would not be reasonable. Policy 1.11.7 The City shall, through the enforcement of pertinent regulations, continue to require that property which has been cleared be seeded and mulched within 30 days, in order to minimize blowing soil, unless the developer diligently proceeds with the construction of buildings, infrastructure, or other improvements to the site. Policy 1.11.8 The City shall continue to adopt and enforce regulations, as well as, ne~v or revised policies within, and revisions to the Transportation Element to require that development projects include the provision of facilities for pedestrian and bicycle transportation, and mass transportation, wherever practical, in order to reduce air pollution from automobiles. Policy I. 11.9 The City shall, through the enforcement of pertinent regulations, continue to require that, in the event of prior knowledge of any archaeological site on a development site, or the discovery of archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify the Division of Archives, History and Records Management, in the Florida Department of State. Proper protection to the satisfaction of the division shall be provided by the developer. Policy 1.11.10 The City shall annually request local historical societies to review the lists and maps of historic properties contained in the completed historical survey for annual additions of eligible properties to these lists and maps. The City Commission shall be allowed to adopt and/or revise the list~ and/or maps of historical properties which are shown in the historic survey and the Comprehensive Plan, by resolution for recording with the state. Policy 1. I I. 11 By 2002, the City shall prepare and adopt a historic preservation ordinance to implement the recommendations of the Historic Site Survey. I~Policy 1.ll.12 The City shall continue to enforce existing development regulations that provide for open space preservation by requiring the preservation of 25% of all "A", "B", and "C" rated sites of 10 or more acres. These standards shall be placed as the conditions of approval for development orders and permits where applicable. Ci~ of Boynton Beach I-IO Date: June 20, 2000 EAR-based Comprehensive Plan Amemlments 00- [ ER. Future Land Use Element Ordinance No. 00-29 EXHIBIT "D" Table 2. Listing of Boynton Beach Natural Resource Sites Sim Geographic Area in Summary # Location Acres Evaluation Annotation I 43-45-08-1 88.6 43-45-08-2 29.7 X 43-45-07-1 52.4 X 43-45-17-I 141.8 A 4.b. 43-45-16-3 A 4.c. 43-45-20-2 A7 5* 43-45-16-2 40.1 A 6* 43-45-16-5 19.0 7* 43-45-21-1 9.6 8 43-45-20-1 11.2 9 43-45-20-4 6.2 D 10 43-45-30-1 21.6 D 11 43-45-20-$ 17.1 D 12' 43-45-29-I .1-5,359.7 A 13' 43-45-32-1, -2,441,97,~ A 14' 43-45-32-3 24.1 15' 43-46-05-1 7.0 16 43-45-31-1 22.4 C 17 43-45-3 I-2 17.6 X 18 43-45-30-2 17.4 X Pine Flatwo~ls and disturbed PF; pond with emergent vegetation. East of High Ridge Count~/ Club. Lift Station #717 is lecat~l here. Resident. i~ development in progress. Clea~ed. Florida Scrub. County Site "Eco-87 Quantum ~ Scrub'. West of [-Ughridge Rd.; Pag of the site is in the Quantum Park DR/ development. Por~ons in Boynton Beach and County. Disturbed Florida Scrub corridor. County site "Eco-36 Quantum RR-195 Route". Restricted access. South portion of Quantum DRI development. Florida Scrub. County site "Eco-36 Quantum High Risk". Part of Quantum Park development both cast and west of I-[ighridse Rd.; mad clearing and development in progress. Composite of Quantum sites total 9 listed endangered Florida Scrub with disuu'bed border. County site "Eeo- 34, RoiUng Green Scrub'. Endangered species mini 8. Florida Scrub. County site ."Eco-32, Galaxy Scrub'. Endangered species ~tal 9. Florida Scrub site with scrub oaks of shrub and small n'ee size distttrbed by u-ails and dis~ borders along RR a~d X-95 right~-of-way. County site "Eeo-32 Industrial Scrub'. Dense stand of Melaleuca (Melaleuca quinquenervia). Australian pine (Casuarina equisetifolia), and Brazilian pepper ($chinu~ terebinthifoliu$), and at~a of gx'assy and rud~ral species. A mix of Melaleuca and other exotic. Former Pine Flatwnods now crowded w~th weeds. ~ Disturbed Pine Flatwoods, Florida Scrub, and open grassy with ruder'~ species. Corridor, western border of I- 95, ___c~3! Boymon 7th St Scrub right of way. Sec text nnrrnfive for additional information. South of WoolbH~ht Road. Pine Flatwoods and open gra.x~, disturbed b~ previous clearing at ground level and entry of ruderal species. Count,/site 'Eeo-70 N I95-RR 23 Rd Corridor'. No on-site visit. Endangered species total 1. A continuation of site #13, County site 'Eeo-70 S 195-RR 23 Rd Corridor'. No on-site visit. Small disturbed Pine Flatwonds ecotone with Florida Sc. mb. Caloosa Park. Cited for preservation due to location within a public park. Disttrrbed Pine Flatwoods with exotic weeds. Seen only fi'om Congress Ave. Already Developed. Already Developed. continued ... -23- I EXHIBIT "D" CITY Ot= 80YNTQN ~ACH CONSE, qYA TION EL Ek~NT ~[~URE ,4 - N~,TL,JRAL ~E~OURC~S 4O 27 |l 23 Winston .ee ,-x. ssociates. High Ridge Commerce Center No. 2 Miner & High Ridge Road Variance Request to Chapter 7 ~, Article Il, Sec. 3.B.4. Request to Allow a Vehicle to Encroach into a Land,aped Area EXHIBIT "E" That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Response: This parcel of land is ex'tremely long, and narrow in depth. In addition, the City directed location of the preserve area along the western property line, compounds the design problems associated with the already narrow depth of the property. Therefore, fi.om a design standpoint, this variance will allow for the required buffer plantings to be accommodated in the buffer, while allowing the vehicles to encroach into the ~ass area. This variance Will aid the site design in allowing the circulation around the buildings to function more efficiently. B. That the special conditions and circumstances do not result from the actions of the applicant; Response: The configuration of the lot was not the result of the applicant or his predecessors, nor is the location of the area determined by the City to be best suitable for the preserve area. These factors contribute to the site design constraints which necessitate this variance request. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; Response: The granting of the variance will not confer any spec/al privileges and will allow all the buildings on this site to be sited as allowed on other lands within the district. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; Response: The literal enforcement of the provisions of this chapter, as well as the preserve area requirements, would deprive the applicant of a reasonable development scenario on this parcel of land. 1532 Old Okcechobce Road. Suite lO0. West Palm Beach. FL 334119-52711 7,.'j :t~ { -,,.',:l$-..J./,Tt} · 17:1x. 4,.~ [ .,,,,~l}_(c. -~C) . .~.'m;llJ' '.,~;nstOrl,.~.Jilt~.:loJ.,2OSrl :, EXHIBIT "E" High Ridge Commerce Center No. 2 Miner 8,: High Ridge Road Variance Request to Chapter 7 V:, Article II, Sec. Request to Allow a Vehicle to Encroach into a Landscaped Area Page 2 That the variance ~anted is the minimum variance that will make possible the reasonable use of the land, building or structure; Response: This request is the minimum variance possible to allow for the reasonable use of the property. That the ~anting of the variance will be in harmonv with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: The variance is in harmony with the general intent and purpose of this cha~er and is not injurious to the area or detrimental to the public wel/rkre. All the required landscape buffer plant materials will be provided. It will simply allow the autos to overhang the grass. EXHIBIT "F" Conditions of Approval Project name: High Ridge Commerce Center #2 File number: ZNCV 02-015 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILrFIES Comments: None X FIKE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DWISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. None S:~Olanning~SHARED~Wi:~OJECTS~Richan:ls~ Duplex~.NC~Conditto~ of Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Center #2 APPLICANT'S AGENT: Winston Lee, ASIA, AICP/Winston Lee and Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2002 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Environmental Regulation, Article II Section 3, B. 4., to allow parked vehicles to encroach two (2) feet into a seven (7) foot landscape buffer area required by code for a manufacturing / industrial building in a M-1 zoning district. LOCATION OF PROPERTY: Southwest High Ridge Road and Miner Road, Boynton Beach, FL. DRAWING(S): SEE EXHIBIT aB" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit 'C' with notation 'Included'. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. o All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: city c~erk Requested City Commission Meeting Dates [] December3,2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 VII.-CONSENT AGENDA ITEM E.1. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM _ Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) [] Requested City Commission Meeting Dates February 4, 2003 Date Final Form Must b~.T'urned in to City Clerk's Oflioe January 2 I, 2003 (Noon) December 2, 2002 (Noon) [] February l8,2003 February3,2003(Noon) December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003(Noon) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business ~]-'l Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 21, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that this request be approved, subject to staff comments and additional conditions to requir&~sthetic enhancements to certain building facades, and that revised drawings return to the Community Redevelopment Agency Board prior to pulling a building permit to confu'm compliance with the design condition. If approved, this approval supersedes the preceding approval and therefore resets the one-year approval clock for the site plan. A request for site plan time extension was filed prior to the expiration date of January 15, 2003; however, the request is not necessary if this major modification is approved. Please note that the attached conditions of approval represents a consolidation of the original conditions of approval with the new conditions associated with this major modification request, with the new conditions shown in bold text. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-308. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Dakota Lofts (MSPM 02-006) Dror Trigger Dakota Lofl$ Development, Inc. 3010 S. Federal Highway Request for major site plan modification for changes to building elevations and floor plans. PROGRAM IMPACT: _ N/A FISCAL IMPACT:-~"~/ N/A ALTERNATIVESJ '~/~"/. /? [~/A/? Devel~e~? D4p~3~i Dirl~ctor City Manager's Signature Planning and Zoning ~'~'~ctor City Attorney / Finance / Human Resources S :LPIanning\SHARED\WP\PROJECTS\DAKOTA LOFTSLMSPM 02-006~Agenda Item Request Dakota Lofts.2 MSPM 02-006 1-21-03.dot S:~BULLETINLFORMSLa. GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-308 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION December 31,2002 DESCRIPTION OF PROJECT Project Name/No.: Dakota Lofts / MSPM 02-006 Property Owner: Dakota Lofts Development Inc. Applicant/Agent: Dakota Lofts Development Inc. Location: 3010 South Federal Highway Land Use: High Density Residential (HDR) Zoning: Planned Unit Development (PUD) Type of Use: Multi-family Residential Project size: Site Area: 2 acres No. of Units: 19 Lot Coverage: 0.6 acres / 30% Density: 9.5 du/ac Adjacent Uses: (see Exhibit "A" - Location Map) North - Developed multi-family residential (Colonial Club Condominium); South - Bamboo Lane right-of-way, farther south is residential and commercial property outside city limits. The commercial property fronts U.S. 1; East - Developed single-family homes; West - U.S. 1 right-of-way, farther west is commercial property outside city limits. Proposal: Dakota Lofts Development Inc. proposes to modify the building elevations and floor plans of the townhouse units. The proposed changes constitute a major site plan modification subject to the Community Redevelopment Agency and City Commission review and approval. Site Characteristics: The subject property is comprised of three (3) irregular-shaped parcels all under the same ownership totaling two (2) acres. This project was previously approved for 19 luxury townhouse units planned throughout three (3) separate buildings on two (2) acres (see Exhibit "B" - Proposed Site Plan). The configuration and density of the proposed site plan are to remain as approved by the City Commission on January 15, 2002. Each building will either be constructed on Parcel 1 or 2. All buildings will contain three bedroom units. The number of individual units per building will range from (5) units to ei.oht (8) units. In addition, a pool area is proposed on Parcel 2, just west of the end of the ca The developer will leave the canal intact. A 10-foot wide road easement combined wit~, ~ 10-foot wide road & public utilities easement runs north and south, dissecting Parcel 1 and 2. These easements will subsequently be abandoned and relocated via the plat of this site. Page 2 Dakota Lofts - Major Site Plan Modification Staff Report Memorandum No. PZ 02-308 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: Building and Site: Community Design: The houses on Virginia Gardens Drive (to the north of the subject property) currently ingress and egress directly onto U.S. 1. As proposed, the entrance and exit onto U.S. 1 for the Virginia Gardens Ddve houses will be closed and vehicular traffic will cease once the buildings are built on the subject property. The residents on Virginia Gardens Ddve will share the common access drive for the subject property. This access ddve will be the only means of ingress / egress for the residents on Virginia Gardens Ddve. A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. No major change. No major change. No major change. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. There are four (4) types of units proposed throughout the three buildings (types: A-l, A-2, B-l, B-2). The "A" type unit will be 3,854 square feet in area. The "B" type unit will be 2,775 square feet in area. Each unit will have their respective garage on the ground floor. The living room / family room will be on the second floor and the bedroom will be on the third floor. The proposed buildings will be three (3) stodes high. The proposed development has selected Benjamin Moore 2152-70 Mayonnaise as the color for the fascia, tdm, columns, and banding. The walls and garage doors will be painted Benjamin Moore 2152-60 Mannequin Cream. The roof tile will be constructed of Monier Espana - Mission Sunset "S" tiles. The window frames and sliding glass doorframes will be made of white anodized aluminum. The applicant has agreed to install "frosted" glass windows on the east elevations of the five (5) and six (6) unit buildings in order to maintain the privacy of the adjacent single family homes (see Exhibit "D" - Letter from James Gilgenbach). All buildings will have the same number of "breaks" in the roofline. The applicant feels that this will create more uniformity between all there (3) buildings. The second and third stories of all buildings will have balconies. There will be no provision for solid roof or screened enclosures. The balconies on the second floor were originally recessed inside the building. However, the modified elevations show that the rear balconies will now extend (cantilever) out four (4) feet. The applicant feels that extending the balconies would add more dimension and detail to the design. Also, the extension of the second floor balconies causes the first floor patio area to become "covered". No balconies or patio areas extend beyond the fee-simple boundaries. The overall building length (inside the fee-simple boundary) has been shortened from 58 feet - eight (8) inches to 54 feet. This extra four (4) feet will now be used to setback the Page 3 Dakota Lofts - Major Site Plan Modification Staff Report Memorandum No. PZ 02-308 building farther away from the front of the fee-simple boundary line. This will help facil, egress and maneuverability for vehicles when exiting the garage. The site plan shows that the size of each fee-simple boundary remained the same. However, the fee-simple boundaries are relocated further away from the parcel's perimeter. According to the elevations, the shapes of the windows have been changed slightly since last approved by the City Commission. Decorative Mullion lines in the windows were added to the side and rear elevations of the five (5) and six (6) unit buildings. Originally, the end- units were larger than the interior units. The proposed floor plans show that both interior and extedor units are approximately the same size. This characteristic actually increases the overall size (under air) of all the units combined. Also, the stairwells and front door locations have been modified due to the proposed changes made to the interior of each unit. The bedroom locations appear to have been changed. Signage: No project signs are proposed at this time. RECOMMENDATION: Staff recommends that this major site plan modification request be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File C:'d3ocuments and Settings\johnsonc~My Documents'Site Plans\Major,Staff Report\Dakota Lofts2.doc Location Map DAKOTA LOFTS EXHIBIT "A" R3 /'C3 R3 ICWW EXHIBIT "B" ABCHI'I~IB~. · pI.AHHIHG EXHIBIT "B" : ii? ~--Tdll J~M~ s EXHIBIT "B" -0 --.Z EXHIBIT "B;' ,J DAKOTA LOFTS TOWNHOMES ,~rcumc~.~ · ~u~..m~; EXHIBIT "B" I _, .... -al ~r-'--- .~.. DAK_O_TA ~'~I~'r=~=~__W__N__H~_.ME., z I11 ~Z t FI, Al,tHING EXHIBIT "B" EXHIBIT "B" .:iD ='=__ EXHIBI~ "B" ~ ^ ~--mTa WNHOME z Z EXHIBIT "C" Conditions of Approval -Revised 01-15-03 Project name: Dakota Lofts File number: MSPM 02-006 Reference: 2~ review revised plans identified as New Site Plan. File # NWSP 01-010 with a December 17, 2002 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(a)). 2. The existing well, as shown on Parcel 2 of the survey prepared by O'Brian, X Suiter & O'Brian, Inc. dated July 17, 2001, is considered a community well. It currently serves the dwellings at 2 Virginia Gardens Drive and 821 Bamboo Lane. It will be a requirement of the applicant to either 1) connect this residential dwelling to city water that is available to it, or if that resident owner elects to forgo city water, 2) install a new well to serve the residential dwelling. Comments: 3. The fire engine turn around area at the southeast comer of the subject X propert7 shall have a minimum centerline radius of 50 feet. POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Permits must be obtained for work w/thin the public right-of-way (LDR, Chapter 22, Article H, Section 7). X 5. Show all existing utilities on Site Characteristics Map (Survey) and Site X Development plan (LDR, Chapter 4, Section A.3). Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 6. Show flow data graphically (flow arrows). Provide details for exfiltration X trenches, catch basins, and manholes. Indicate, by note, that storm water will be contained on site (LDR, Chapter 23, Article II.F.). 7. Provide data of underground soil conditions (LDR, Chapter 6, Article IV, X Section 9). Proposed site is in close proximity to the Intracoastal Waterway and muck excavation is more likely to be encountered. (LDR, Chapter 6, Article IV, Section 9). 8. Add a note to the landscape plan that within the sight triangles there shall be X unobstructed cross-visibility at a level between 2.5 inches and 6 (six) inches above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). Show sight triangles graphically on the site plan and landscaping plan. Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 9. Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article X II, Section 5. 10. Provide signing and striping plans in accordance with the LDR, Chapter 6, X Article II, Section 17 and Chapter 23, Article II, Section B, which identifies all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Also see City Standard Drawings B-98001 and B-90013 for striping details. 11. Provide detail for dumpster enclosure area (LDR Chapter 7.5, Article II, X Section 5.J., Chapter 9, Section 10.C.3, and City Of Boynton Beach Standard Drawing A-88007. 12. Provide a typical section for parking lot pavement conforming to LDK, X Chapter 23, Article II.Q. 13. If the houses are fee simple, then a plat shall be submitted along with X construction drawings. 14. The road on the south side of the property (Bamboo Lane) is deficient with respect to fight-of-way width and pavement width. Bamboo Lane will be X required to be widened to 22 feet, to the entrance to the development, to meet minimum street pavement widths (LDR, Chapter 6, Article IV, Section 10.c). Because Virginia Garden Drive has been determined to be a private drive it will be exempted from any upgrades to the roadway. However a mm-around area shall be provided pursuant to Chapter 6, Article IV, Section 10.D). Streets shall be designed in accordance with all applicable sections of the Code and LDR. 15. Provide details for water, sanitary sewer, and storm sewer improvements. X Provide detail(s) for the water line crossin~ with sanitar7 and storm sewer. BUILDING DIVISION DEPARTMENTS INCLUDE REJECT Comments: 16. From the FIRM map, identify in the site data the title of the flood zone that X the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 17. Identify the floor elevation that the design professional has established for the X building within the footprint of the building that is shown on the drawings titled site plan, floor plan and pavin~ drainage (civil plans). 18. At time of permit review, provide a completed and executed City unity of title X form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 19. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 20. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley, right-qf-wav or easement. 21. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required for the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 22. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 23. List on the site plan the site elements for which recreation credit will be X provided. 24. As a condition of issuance of a land development order for residential X Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT planned unit developments, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes and according to the standards and formula in Chapter 1, Article V in the Land Development Code. The total recreation dedication requirement will be calculated as follows: 19 d.u. x .015 acres = .285acres V2 credit may be given against the requirement of land dedication or payment of fees. IA private recreation credit will be calculated as follows: .285 acres / 2 =. 1425 acres The Developer may want to consider dedication of the land, or a combination of dedication and fee. 25. If the property is not required to be platted, the recreation dedication fee will X be due prior to the building permit being issued. 26. Provide to the Parks Division at the close of the construction contract as-built X plans showing locations of irrigation lines in the rights-of-way and medians. 27. In order to earn V2 recreation credit, the developer needs to provide a X minimum of 5 of the local park basic requirements listed below, or a combination of such, and other recreational improvements that will meet recreation park needs of future residents of the area: Children's Play Apparatus Area Landscape Park-Like & Quiet Areas Family Picnic Areas Game Court Areas Turf Playfield Swimming Pool & Lawn Areas Recreation Center Building 28. In the opinion of the Parks Department staff, the recreation elements shown X on the plans do not meet the needs of the future residents..At a mutually convenient time, the Parks Department staff will be happy to meet with the developer to discuss available options to meet the intent of the recreation dedication requirements for the project. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: DEPARTMENTS INCLUDE REJECT 29. Update the site plan tabular data to accurately reflect the total number of provided parking spaces. X 30. The subject property must be platted prior to the issuance of any building X permits. 31. The ground level HVAC units shall be screened with landscaping. X 32. On the site plan, show the location of all outdoor freestanding lighting X poles. Provide a typical drawing that includes the height and color / material of all proposed freestanding outdoor lighting poles. 33. Include a color rendering of all elevations prior to the Community X Redevelopment Agency meeting. 34. The floor plan must include the scale of the drawing. Provide floor X plans of the five (S) and eight (8) unit buildings. 35. The foundation landscaping shall be required in the front and side of X each multi family dwelling unit (Chapter 7.5, Article II, Section 5.L.). If the front is unable to accommodate landscaping, enhance the landscaping proposed along the sides of the buildings. 36. On the landscape plan, label the vegetation to be preserved. X 37. On the site plan, identify the location of the 2~a story balcony to ensure that the balcony limits do not extend beyond the perimeter of each fee- X simple townhouse unit. 38. The configuration of the parking lot on the landscape plan shall match X the parking lot on all other plans. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 39. Condition #3 shall be revised to require that a 40-foot wide (min.) X emergency access way be provided at southeast comer of project and kept clear of tree trunks and shrubs, and stabilized. 40. The east facades of the "A-2" units shall be designed to prevent visibility X from units (second and third stories only) onto adjacent single family properties to the east. 41. Project shall include decorative lighting fixtures not to spill light onto X adjacent sin[~le family properties. 42. Enhance landscaping along Federal Highway particularly at north and south X comers of project. Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT 43. Provide aesthetic gate or barrier at emergency access point at southeast X comer of project to prevent non-emergency use of opening. 44. Provide enhanced project entrance, in part, to include landscaping, signage X and possibly a fountain. 45. Substantially improve the west, north and south facades of the buildings along Federal Highway through use of texture, color, elements on the wall such as columns, banding, windows, faux X windows, shutters, and / or additional roof features and porches. 46. Final fagade changes pursuant to the above condition shall return to the Board to confirm compliance prior to pulling a building permit. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 40. To be determined. S:~:)ianning\SHARED\WP\PROJECTS\DAKOTA LOFTS\MSPM 02-006\CO~, 2.doc JAMESE, GILGENBACH EXHIBIT "D- & C:TY OF BOYNTON BEACH PLAN~, ZOO, AND BUT_LDTN& DEPT. 100 EAST BOYNTON BEACH gL. VD BOYNTON BEACH, FLOI~DA 33425 RE: DAKOTA LOFTS TOWNHOARES 3010 SOUTH FEDERAL I~&HWAY BOYNTON BI~ACH, FLORIDA D~ sics: DEC 20 2OO2 PLANNING AND ZONING DEPT Please n~tetl~t the windows on the East sides of.the 5 Unit and 6 unit buildings of the above-referenced project are spe~fied on the woeking d~i~ as frosted and fixed glass windows, to prevent the occupants of These units from looking down on the adjacent propertie~. The~ windo~ will otherwise took simik~ to the other windows on ~he other elevations of the buildings for this project. Zf you I'mve any questions conc~'ning this n~l"ter, pl~:~se feel free to contact m~ Sincerely; SL~l?207 Cc: Dakota Lofts ~1301 ~E~O/~ ~PA~ FLO~DA33~33 (~61l~3.2031 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dakota Lofts APPLICANT'S AGENT: Dakota Lofts Development, Inc. APPLICANT'S ADDRESS: 3010 South Federal Highway Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 21, 2002 TYPE OF RELIEF SOUGHT: Major site plan modification to elevations and floor plans of 19 townhouse units in a Planned Unit Development (PUD). LOCATION OF PROPERTY: 3010 South Federal Highway DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~C)ianning~SHARED~WP~ROJECTS~DAKOTA LOFTS\MSPM 02-O06\DO.doc City Clerk CITY OF BOYNTON BEACI VII.-CONSENT AGENDA AGENDA ITEM REQUEST FO ITEM E.2. l~quested City Commission [] December 3, 2002 [] De~-mi:~r I 7, 2002 [] Sanuaty 7, 2003 [] January 21, 2003 Dam Final Form Must be Turned in to City Clerk's Offic~ November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) R~quested City Cotrn-mssio~ [] March 4, 2003 [] March 18,. 2003 Date Final Form Mu~t be Turned January 21, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] A~Irative [] Development Plans [] Consent Agenda [] New Business [] t'ubtic He, tm [] [] Bids [] Unfini~h~lBminess [] CityManaSer's R~xa, t RECO~ATION: Motion to approve the DAKOTA LOFI~ Record Plat, conditioned on the approval being the certification oftbe plat documents by H. David Kelley, Ir., PE/PSM (City Engineer and Su~eyor & Mapper) and Seffz~y R. Livergood, PE (Director of Public Works). EXPLANATION: The record plat review for this project cotmnenced on September 4, 2002, to which the third review coau~ents were issued on December 20, 2002. Several plat preparation errors not withstanding, the main issue is (and has been) legnl access fi'om Federal Highway (a sta~e roadway) into the project. Several optiom to accomplish this have been offered by the City to the develope~. Staffhu been advised by City legal counsel that they believe that there is consensus that that it will not be diffict~ for the developer to con~ly with the last few r~luimmms to ensure proper platting accordin~ to the law~ of the Stat~ of Florida. Stafftoo is confident that legal access and other plat cort~ctiom can be accomplished in the near future. Sttffbelieves that it is impormm to no~ to the City Connnission that both staffand the developer have worked encount~d. Staffreconnmnds that the City Coms~on approve the plat as ~ subject to final signature by the City Engineer and Public Works ~. PROGRAM IMPACT: ~ds iwopored deve~ will continue to be delay~! until the proposed record plat (and construction plans) hav~ ~m~ved tectmical compliance lmrsuant to the Land Developtmmt Regulations. FISCAL IMPACT: Non~ _have been approved for~ t ' ~ n?~s =~gnature 's $i~- Requested City Commission Meetin~ Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 VII.-CONSENT AGENDA ITEM F CITY OF BOYNTON BE, AGENDA ITEM REQUEST r umv Date Final Form Must be Turned in to Cit3, Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] Februat3' 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to Cit3' Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of December 2002 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize 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". PROGRAM IMPACT: The new Ordinance has assisted 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, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change. Deputy Director of Financial Services Procurement Services Department Name Cay Manager's S~gnature City Attorney / Finance / Human Resources SSBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED DECEMBER 2002 1. Vendor: Carter Verplanck, Inc. Purchase Amount: $ 12,246.00 Requesting Department: Utilities Contact Person: Mark Law Brief Description of Purchase: Master Lift Station #309 is undergoing construction rehabilitation to install a new 88hp Flygt pump. Retro-fitting of pipe and parts are required to accommodate the transition form Davis-EMU to Flygt. Additional equipment, as part of the retro- fit, is 2 - 10" APCO check valves. One valve will be installed now and the second will be used as a spare until installation of the second pump. At that time another valve will be purchased for spare equipment. Source for Purchase: Sole Source 2. Vendor: Coastal Pipeline, Inc. Fund Source: 405-5000-590-96-04 Project #SWR091 Purchase Amount: $ 20,992.73 Requesting Department: Utilities Contact Person: Mark Law Brief Description of Purchase: Utilities Department has identified a failure on one of the force mains that flows into Master Lift Station (MLS) #317, just west of Burger King on W. Boynton Beach Blvd. The failure is not associated with the repair that was completed approximately one year ago. The previous repair was to the gravity system that serves Burger King. The current repair i~ to the 20" force main that comes from Boynton Beach Blvd. into MLS #317. The repair consist of exposing the force main, making a temporary repair, back filling, compaction and asphalt. This is a temporary repair, and it is outside of Utilities Department normal level of operation. Utilities Department is in the development stage of a Task Order with one o four General Engineerng Consultants to redirect the flow on this force main to allow for abandonment of the old existing force main. Source for Purchase: Three Written Quotations Fund Source: 401-2815-536-46-42 Sewer Main Repairs The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to CommisSion as required. City Manager Approval:~// ~//]J,~ ~z~)'~ Presented to Commission for information on January 21,2003. I of 1 VII.-CONSENT AGENDA I'TEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORN1 Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: The Parks Department requests City Commission to acknowledge the Mayor's signature on the 2002 Arbor Day Proclamation. EXPLANATION: The City celebrated Arbor Day 2002 last year. The proclamation will be for the last Friday of April to be Arbor Day in the City of Boynton Beach in perpetuity. PROGRAM IMPACT: The proclamation allows the City to receive Tree City USA designation for the 18th year m a row. In the future, the City Clerk's Office will notify the Departments when recurring proclamations are due to be reviewed by Commission. FISCAL IMPACT: This request has no effect on the budget. ALTERNATIVES: The National Arbor Day requires a proclamation to certify. The organization has certified the City of Boynton Beach for the last seventeen years, and it would end a continuous cycle of the City of Boynton Beach being a Tree City. The City would have to wait a year before we could reapply for the designation again. City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINX, FORMSX, AGENDA ITEM REQUEST FORM.DOC Pro c 1 ama t i on WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim the last Fdday of Apdl as: ARBOR DAY in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands an~ to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda to be affixed this 2r~ day of Apdl in the Year 2002. Gerald Broening, Mayor City of Boynton Beach VZI.-CONSENT AGENDA ZTEM H. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] December3,2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to Cit~ Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Allocation of $2,500 of Commission Community Investment Funds (Comm. McCray) for the 2003 Heritage Fest Program. EXPLANATION: Commissioner McCray has requested Commission approval of an allocation of $2,500 for the 2003 Heritage Festival activities as follows: Coronation Ceremony $2,000 Festival on the Lawn/Educational Exhibits $500 PROGRAM IMPACT: Allocation of funds will assist the Heritage Fest program activities be successful FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,500 in Community Investment Funds to allocate subject to Commission approval. In past years other Commissioner's have allocated funds to the Heritage Fest as well. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLET1N~FORMS~AGENDA ITEM REQUEST FORM.DOC XII. - LEGAL CITY OF BOYNTON BEA( rrE AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21,2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.} Requested City Commission Meeting Dates Date Final Form Must b~ Turned in to Ciw Clerk's Office [] February 4, 2003 January 21,2003 (Noon) [] February 18, 2003 February 3. 2003 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] March 18. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation q7 [] City Manager's Report RECOMMENDATION: Please place this request on the January 21, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission on December 3, 2002 recommended approval on the First Reading. -.2 EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: South Congress Residential (LUAR 02-002 Kieran Kilday of Kilday & Associates, Inc. Congress Industrial Park, L.L.C. East Side of South Congress Avenue opposite Hunters Run PUD Request the rezonmg of the property from M-1 Industrial to (PUD) Planned Unit Development to coincide with the approval of the Site Plan/Master Plan for the property. A companion Future Land Use Map amendment from Industrial (I) to High Density Residential (HDR) was adopted on December 3, 2002. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~ Developx~en~ D~artment Director Planning and Zonin~g Director City Manager's Signature City Attorney / Finance / Human Resources S:XPlanningXSHARED\WPXPROJECTSUefferson ~ BoyntonXLUARXAg~nda Item Request Jefferson(~Boynton &Congress LUAR 02-002 1-21-03.dot S:'~BULLETINUFORMS',AGENDA ITEM REQUEST FORM.DOC · ORdiNANCE NO. 02- <7.) (..-- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLOR. fDA, REGARDING THE REZONING OF VACANT LAND CONSISTING OF +32.159 ACRES ON THE EAST SIDE OF SOUTH CONGRESS AVENUE; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING THAT TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM M-1 (INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD); 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, Congress Industrial Park, LLC, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Kilday & Associates, Inc.,/Kieran Kilday, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of +/-32.159 acres, said land being more particularly hereinafter, from M-1 (Industrial) to PUD (Planned Unit Development), subject to all staff comments; and WHEREAS, the City Commission conducted a public hearing on July 2, 2002, heard testj'rnony and received evidence which the Commission finds supports a for the property hereinafter described; and WHEREAS, during the public hearing the applicant for the Rezoning made material representations which were considered and were relied on by the City Commission in reaching its conclusions regarding the appropriateness of the proposed rezoning. The material representations made by applicant are set forth in the minutes of S: \CA\Ordinances\planning\Rezoning\Rez°n~ng ' Sou~h Congre~ Residential .doc the City Commission meeting/Public Hearing conducted July 2, 2002. WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; 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 TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORI1)A, TI{AT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: SEE ATTACHED EXHIBIT "A" ~e and the same is hereby rezoned from M-I (Industrial) to PUD (Planned Unit Development). A location map is attached hereto as Exhibit "B" and made a pan of this Ordinance by eference. 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 6: Should any section or provision of this Ordinance or any portion thereof ~e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the ~emainder of this Ordinance. $: \CA\Ord~n&nces\~l&nning\~ezonin~\~zon~ng - $ou~h Cong=es~ ~esidenci&l.doc Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ~e_.~.r'n./~r":, 2002. SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA\Ordinances\~lanning\Rezoning\gezoning - Sou=h congress Residen~ial.do¢ LegAL DE~C~PTION A parcel of land in .~ portion of the South ~ one-~a~er (SW1~4) of Secfio ~, ~ownship 48 ~h, Ran~ 4~ ~. p we ~icula~ d~cfi~ a~ ~-~ -~ ~ach Countv ~-=~ .... n ' . ' '"'~ : commencin /. ~*,uu, ~lng more S~t,on 5, thence ~n No~h fth- ~ ..... g ? ~he Southwest corner of · No~h-South and all other ~-~=~ ,ne of 5~tion 5 is assum~ ,- ~-sa~d said S~tion 5, a di~once of 110.00 feet to a point; thence ~n South 89 ~,,ngm a~ relative thereof) along ~he West llne of degr~ ~ minutes 45 s~onds Ea~, ~ di~ance of 53.00 f~t to a point in ~e East dg~-of-w~ line of Co~r~ Avenue and the Paint of Beginning of · e..herein de~ ~; thence, con,ua on ~e r~ed, ~ d?tance of ~.2~ f~t to a --~-. , ........ P 'rig descdb~ course 3~Doard C~mt Une Roi~. ,~-~"'~ m me w~te~ fight-of-why ~=.. _, ~ ' ~onds East, alon~ said ~.~. ~_~n.No~h 18 d~re~ 21 minuf~ ~. ' = ~z seconds We~, a distance of 891 55 ' feet, thence, ~h 0 d~rees 01 minut~ 58 seconds Ea~, a distance of' distan~ -~-- . ~~-a d,~ance of 232 ~ · ....... ce ~ rang..3a~a pamel subject to the following : ~SS ~D ~CE~ : A dght-of-way over the Westerly 80 feet of the Easterly 190 feet (os at right angles to) thereof for the I.eke Worth Drains · measured 1/2. as recorded ge D,strict Canal No. in Official Records Book 180.3, Page 254, of the Public Records of Palm Beach County, Florida. Location Map M1 LONE PINE RD NW 18TH ST $ 1~00 2700 36~3 Fe~t XII. - LEGAL CITY OF BOYNTON BEA FrEM AGENDA ITEM REQUEST k Requested City Commission Meetina Dates [] December 3, 2002 [] December !7, 2002 [] January 7, 2003 [] January 21, 2003 Dat~ Final Form Must be Tumcd in t9 (~itw Clerk's Office Noveml~r 18, 2002 (Noon) l~ceml~r 2, 2002 (Noon) I~ceml~r 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting, Dates [] February 4, 2003 [] February !8, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21. 2003 (Noon) February 3, 2003 (Noon} February 18. 2003 ('Noon) March 3, 2003 tNoon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January' 21, 2003 City Commission Agenda under Legal, Ordinances - First Reading. The City Commission with a 5 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-293. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Hawks Landing (REZN 02-006) Bradley Miller, AICP / Miller Land Planning, Inc. Grayhawk Development Corporation North of NE 16' Avenue, between NE 3~ Court and NE 4' Street Request to rezone from R-3 Multifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD), for 18 single family detached zero lot line homes. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~L~ N/A Deve~op~n'enttDe~artm~nt~irector Planning and Zoning Director City Manager's Signature City Attorney / Finance / Human Resources S:LHanning\SHARED\WI~°ROJECTS~Hawks Landingq~d':ZNkAgenda Item Request Hawks Landing REZN 02-006 Legal Ist reading 1-21-03.dot S:~ULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. REGARDING THE APPLICATION OF HAWKS LANDING/GREYHAWK DEVELOPMENT CORPORATION; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-3 (MULTI-FAMILY DWELLING DISTRICT) TO PLANNED UNIT DEVELOPMENT (PUD); 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, Greyhawk Development Corporation., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Bradley D. Miller, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of 1.94 acres, said land being more particularly described hereinafter, fi.om R- 3 (Multi-Family Residential) to PUD (Planned Unit Development); 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 finds that the proposed rezonmg is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; 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 S:\CA\Ordinances\Planning\Rezoning\Rez°ning - gawks Landing.doc 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 in the City of Boynton Beach, Florida as set forth as follows: Lot 4 and lot 5 (less the south 5.00 feet thereof), and lots 17 and 18, Boynton Borough, according to the plat thereof, recorded in plat book 25, page 174, public records of Palm Beach County, Florida. Also the east 540.00 feet of the west 1187.38 feet of the north 107.38 feet of lot 19, Sam Brown Jrs., Hypoluxo Subdivision, according to the plat thereof, recorded in plat book 1, page 81, Palm Beach County records. Containing 84,582 square feet or 1.941 acres, more or less. De and the same is hereby rezoned from R-3 (Multi-Family Residential) to PUD (Planned Unit )evelopment). A location map is attached hereto as Exhibit "A" and made a part of this }rdinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended iccordingly. Sect:ion 4: All ordinances or parts of ordinances in conflict herewith are hereby r~aealed. Section 6: Should any section or provision of this Ordinance or any portion thereof De declared by a court of competent jurisdiction to be invalid, such decision shall not affect the ~maamder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ,2003. 5:\CA\Ordinances\Planning\Rezoning\Rezoning - Hawks banding.doc SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOY'NTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S: \CA\Ordinan~s\~lanning\Rez°ning\Rez°ning ' Hawks Landing.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMOR~-XNDU.M NO. PZ 02-293 TO: FROM: THROUGH: Chairman and Members Planning .a..t~ D)velszlan~nt Board D ickH ud~n.~nior Planner Michael W. Rumpf ' Director of Planning and Zoning DATE: December 9, 2002 Project/Applicant: PROJECT DESCRIPTION Hawks Landing/Greyhawk Development Corporation Agent: Bradley D. Miller Owner: Greyhawk Development Corporation Location: Nor',.h of NE 16~" Ave, betxveen NE 3~ Court and NE 4~" Street File No: Rezoning (REZN 02-006) Property Description: Vacant property, consisting of t .94 acres, classified High Density Residential (HDR) and zoned R-3, Multi-Family Dwelling District Proposed change/use: To rezone from R-3, Multi-Family Dwelling District, to Planned Unit Development (PUD). Adjacent Land Uses and Zoning: North: South: East: West: Developed adult community (Four Sea Suns) designated High Density Residential (HDR, 1.0.8 dwellings per acre) and zoned R-3, Multi Family Residential. Developed single family hom~a, designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R1A, Single Family Residential. Right-of-way NE 4' Street then a nursing home designated High Density Residential (HDR) and zoned R-3, Multi Family Residential. Right-of-way NE 3n Court then a developed adult community (Four Sea Suns) designated High Density Residential (HDR, 10.8 dwellings per acre) and zoned R-3, Multi Family Residential. PROJECT ANALYSIS The subject parcel totals 1.94 acre. As per Code (Chapter 2.5. Sections 4, Table t and Section 5). the minimum land area for a PUD is 5 acres. However, section 5 also states that: Lesser areas than those set out in Table I may be approved for PUD in a specific case upon findings by. cite plamting and development board and the governing body. that particular circumstances jttstiJ~ such reduction. chat the requirements for PUD and the benefits to be derived from PUD can be met in sttch lesser area. and chat permitting such lesser area for PUD is in conformity with the comprehensive plan. Page 2 FiLe Number: REZN 02-006 Hazy k.s Landing in ~t'te ensuing analysis, staff reviews the proposed, rezoning and examines the circumstances r. hat may justin,' a rectuction in me requirect minimum land area. The criteria used to review Comprehensive Plan amendments and rezonings are tasted in Claaprer 2, Sect;on 9. Administration attd Enforcement, Item C. Compre/tensive Platt Amendments: Rezonings, or' the Code. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: a. WItether the proposed rezoning would be consistent with applicable comprettensive plan policzes including but not limited to, a prohibition against any increase in dwelling Lutg dens~ e.~ceedin~ 50 in ;fie hurricane evacuation :one without written approval or' the Palm Beac/t E. tergenc'y Planning Division and the City's risk .tanager. l-he planning department s/tall al~o recommend limitations or requirements, which would have ;o be imposed on subseq,tent development of the properly., in order co comply with policies contained itt #re compre/tensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies, la particular, it is consistent with policies under Objectives 6. l and 6.3 of the Housing Element and Objective l. 13 of the Land Use Element. The said Objectives read as follows: Objective 6. I Assist the private sector to provide new dwelling units of various types, si:es, and costs by the year 2015, in order to meet the housing needs of ;he e:cisting and anticipated populations of the City. Objective 6.3 By the year 2002, the City shall continue to implement a series of housing programs aimed at provi&'ng adequate housing and housing sites for the homeless, very-tow, low and moderate- income persons to meet their housing needs. Objective 1.13 Discourage urban sprawl by creating a compact urban area within the Ci~. and the City's utility service areas. The proposed development will consist of 18 single-family detached, zero lot line homes. While small, the project will contribute to the diversity of housing in the city. The recent years saw a decline of single-family home construction in Boynton Beach, wttile the number of multi-family dwellings increased significantly. Moreover, at the projected prices starting at $110,000, the horn~ are affordable for households with a moderate income level. Eli$ible buyers with lower incomes may seek access to various homeownership programs. Since the subject property is located west of Federal Highway. the Future Land Use Element Policy l. 12. l, pertaining to new residential develol~ment in the hurricane evacuation zone, does not apply. b. Whether the proposed r~oning would be contrao' ro the established land ttse pattern, or would create an isolated district unrelated to adjacent and nearby districts, or wottld ¢onstit~tte a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established residential land uses and will not create an tsolated district. The adjacent lots to the south are developed with single-family homes, as is one lot to north of the property, acro~ ~rom South Circle Drive. Although surrounding properties to the west and north are occupied mostly by multi-family developments (Four Sea Sun Condos and one small apartment building), those projects are visually consistent with the proposed project. The property east or' NE 4'~ Street is developed as a nursing home. Page 3 File Number: REZN 02-006 Hawks Landing c. ~PTtether changed or changing conditions make :he proposed re:.oning desirable. The proposed product - single-family zero lot line homes - requires rezoning to PUD so that the flexible development regulations could be applied and the desired higher density achieved. Increasing access to homeownership for lower-to moderate income people is one of the City's Comprehensive Plan objectives. At a time when extremely low mortgage rates make homeownership much more affordable, increasing the number of single-family homes in the lower price range promotes this objective more effectively. There is a significant pent-ap demand, since affordable single-family housing construction in the City has not kept pace with the need in recent years. The above circumstances make the proposed rezoning desirable. d. 5Vherher the proposed use would be cotnpatible with tailicy systems, roadways, and other pttblic facilities. The currently available persons-per-unit figures for single family and multi-family dwellings indicate that the proposed devetopment will have about 10 more residents than a (potential) multi-family development at the highest permitted density. The difference between the demand for water and sewer services by the proposed development and the potential demand for these services under the present zoning is therefore insignificant. The proposed project will generate about 40 additional trips per day as compared to a potential multi-family development on the site. The location makes it exempt from compliance with Palm Beach County's Traffic Performance Standards; however, the project information has been sent to the county Traffic Engineering Division for review. ¢ith respect to solid waste, the Palm Beach County Solid Waste Authority (SWA) has stated within a [et~r dated December 18, 200l that adequam capacity exists to accommodate the County's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed re:.oning would be compatible with the current and fiaure use of adjacent and nearby, properties, or would affect the property, values of adjacent or nearby, properties. As stated above, the propos~ ~ of the prol:)~rty would constitute a continuation of existing single-family homes existing to the south, and would not I~ incompatible with adjacent or nearby low-density multi-family uses. There should not b~ a significant effect on prices of surrounding properties. f. Whether iht property i~ physically and economically developable under the e, cisting :oning. The property is physically developable under the existing zoning, either as single-family or multi-family use. Whether the proposed re.'.oning is of a scale which is reasonably related to the needs of rite neigi~borhood and the city as a whole. As stated above, the proposed development is well related to the objectives and need~ of the city a~ a whole. Moreover, it is a good example of the types of in fill projecm that will help to underpin the redevelopment efforts in areas east of Interstate 1-95. h. Whether there are adequate sites elsewhere itt rite city for the proposed use. in distr~cts where such use is already, allowed. Page 4 File Number: REZN 02-006 Hawk~ Landing I'here are very few residentially4esignated sites in the City that would provide opportunities for a sma~t co medium-sized developer to build a project of this size. £n any case, to achieve the desired density with single family detached homes would require rezoning to PUD. PROPOSED MASTER PLAN The applicant is proposing to rezone the subject property t'rom R-3 (Multi-Famqy Dwelling District) to Plarmed Umt Development. As del'reed within Chapter 2.5-Planned Unit Developments of the L~d Development Regulations, a "planned unit development: L~ land under unified control, planned and developed as a whole tn a singie development operation or an approved programmed series of development operations for dwelling unit~ and related wes and facilities; Includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part; la developed according to comprehensive and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all buildings except for single family homes intended to be located, constructed, used, and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities, and taut development, but will not be provided, operated, or maintained at public expense." Due to intended differences between individual PUD developments, which result from the variety of uses and amenities within a PUD, and physical character of the site, submittal of a site development master plan is required at the time or'request for zoning to PUD. The proposed subdivision master plan (SBMP 02-00,.9, which is being processed concurrently, is attached (Exhibit "lB") and will become the master plan to the zoning of the land and contains, in part, specific site standards for future development of the parcel. The proposed PUD consists of 18 sm$1e-farmly, one-story, detached zero lot line homes, ranging in size from I.,219 square feet to 1,654 square feet. The gross density, of the project is 9.27 dwellings per acre. Each umt will contain three bedrooms; parldu$ is provided in a one-car garage and includes a driveway to accommodate one (1) vehicle. There is tmo recreatioual area provided for the residents, and the landscaping ia minimal. The following building mud site regulations proposed for the project are as follows: House Type Lot # All 1-2 3-9 10-16 17-18 type ' C' (smallest) All I Minimum Separauon Minimum Sefloac~ (measured from south (me.__~tred from lot line) edge of sidewalk) 1~5 feet l0 feet 20 feet 12 feet 18 feet 18 feet I 15 feet I 8.5 feet f 12 feet 18 feet 1.8 feet I :5,~-e~ I 8., feet [ - tO feet 18 feet t6 feet ~5 feet 1.0 feet i 20 feet I t2 feet L8 feet 16 feet Two access points to the site are proposed: one at the west end of the site, from NE 3~ Court and one at the east side, from NE 4" Street. 'Page 5 File Number: R£ZN 02-006 Hawks Landing CONCLUSIONS/ILECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compatible with adjacent land uses. It is also the stall's opinion that the requirements for PUD and the specific benefits to be derived from the proposed PUD can be met in the area of less than 5 acres; the fact that the proposed rezoning will contribute to fulfillment of the pressing housing needs of the Iow-and moderate income population within the City constitutes a particular circumstance referred to in Section 5 of the Code. In the case of the proposed PUD, the benefits are tied to infill success and the type of housing, as compared to the value of the typical PUD which is measured more in green space, recreation amenities and landscaping. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATTACHMENTS G.\LUAR.~Haw~ ~latf' i~ HAWIL~ I~lqDING.do~ Location Map Hawk's Landing PUD EXHIBIT "A" I i t , EXHIBIT "B' , 'I; I 'il , ii ,. - XII. - LEGAL ITEM D.1 CITY OF BOYNTON BEA AGENDA ITEM REQUEST t JAN -3 Requested City comrmssion Meetimt Dates [] December 3, 2002 [] December 17. 2002 [] January 7, 2003 [] January 21,2003 Date Final Form Must be Turned in tO City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Date~ [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in tO City Clerk's Office January 21., 2003 February 3, 2003 February [g, 2003 March 3, 2003 {Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: On behalf of Vice Mayor Mike Ferguson, staff requests the City Commission review the Code Compliance Lien Modification Order dated December 30, 2002, (Exhibit 'A') and file a motion to ratify or modify the Board's decision. EXPLANATION: At their December 18, 2002 hearing, the Code Compliance Board reduced the fine in Case #99-555 from $31,825 plus $634.12 in administrative costs to $1,000.00 including administrative costs, as indicated in the enclosed minutes. (Exhibit 'B') This request is brought forth consistent with City Ordinance Number 001-07 as indicated on the enclosed Transmittal Memorandum. (Exhibit 'C') PROGRAM IMPACT: Property was brought into compliance and is now an asset to the community. FISCAL IMPACT: Any decision equal to or greater than $634.12 will recuperate the City's expenses in administering this case. ALTERNATIVES: ,/'Deparmaent Heads Signature Department Name Board's decision not to exceed $31,825 plus the aforementioned administrative costs. City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA - CODE COMPLIANCE BOARD CASE NO. 99-555 Petitioner, VS. CLAUDE FRANCOIS Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on December 18. 2002. pursuant to Chapter two, Article five of the City Code of Ordinances. The Board having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1. This Board has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on 7/21/99. on the Property located at 229 SE 4TM Avenue, Boynton Beach, Florida, with the legal description of: BOWERS PA_RK LTS 18&19 BLK 6 according to the plat thereof as recorded in ORB 10084, Page 1917, of the Public Records of Palm Beach County, Ftonda, PCN: 08-0,3- ,1.5-28-12-006-0180, is REDUCED TO $1.000.00 4. The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. 6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. DONE AND ORDERED at~er heating at City of Boynton Beach, Palm Beach County, Florida this -.-=~-~'t'day of Christopher De Liso, CHAiRMaN CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Commission City Attorney City Cleric Respondent S :c~/depts,'policw Lien Modificauon Order FoPP~ 2 ,YeetJng tV'inures Code Compliance Board Boynton Eleach, Florida December 18, 2002 December' 18, 2002 for 428 days of non-compliance and a fine of $10,700, plus $634.12 in administrative costs. Mr. Blasie presented photographs taken on December 2, 2002 and two photographs taken today. Angle Cmsby, 1091 NW 10~ Court, Boynton Beach, stated that she was the realtor for the property. Ms. Crosby pointed out that Chase Manhattan Bank is now the o~vner of the property and they have a buyer for the property. Mr. Blasie. reported that thousands of dollars have been spent to bdng the property into compliance, including 18 pallets of sod to cover the entire yard. The irrigation system has been repaired, as well as the screen enclosure around the pool arid the pool itself. Motion Based on the testimony and evidence presented in Case No. 01-1857, and having been advised that the Respondent has complied with all lien reduction procedure,,~ set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case No. 01-1857, by virtue of this Board's Order of September 19, 2001 to $634.12, including administrative costs. Motion seconded by Ms. Costantino and unanimously carded. Case #99-555 Claude Francois 229 SE 4u~ Avenue Mr. Blasie stated that the property was originally cited on March 29, 1999 for violation of the Community Appearance Code. The case came before the Board on May 19, 1999 and no one appeared. A compliance date of June 1, 1999 was set or be fined $25 per day. The property complied on November 26, 2002 for 1,273 day,,i of non-compliance, resulting in a fine of $31,825, plus $634.12 in administrative costs. Mr. Blasie presented two photos taken on May 17, 1999 and two photos taken today. Mr. Blasie noted that the property now looks good since it has been brought into compliance. Mr. Foot inquired when the tractor-trailer had been removed and was informed it was around August 3, 1999. Motion Based on the testimony and evidence presented in Case No. 99-555, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case No. 99-555, by virtue of this Board's Order of May 19, 1999 to $1000, including administrative costs. Motion seconded by Ms. Costantino and unanimously carded. 17 BOYNTON BEACH POLICE DEPARTMENT Marshall B. Gage Chief of Police Date: To: Code Compliance Division Scott Blasie, Administrator 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (561 )742-6120 Fax: (561)742-6259 LIEN REDUCTION TRAxNSSIITTAL MEMORANDUM December 31, 2002 ~ x City Commission From: Code Compliance Division RE: Code Compliance Case #99-555 In accordance with Ordinance Number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, the following procedures are to be followed: ,:,/~,A, City Commissioner has seven (7) days from the rendition of the Order to request the City · " Manager's Office to place the case on a City Commission Agenda tbr review. (Space provided below for transmittal purposes) Said review must occur within thirty (30) days of the request (or review. -~ Upon such review, the City Commission may take one of the :'oilowing actions: a. Uphold the Code Compliance Board's recommendation in full. b. Over-rule the Board's decision in full. c. Modify the Board's Final Order. ~ The City Commission shall direct staffto take action consistent ;vith their review of the "Lien Modification Order." 1, /~- ~- ~'~----/?-(-,,/.~o"o,,~ ,herebv request the City Manager's office to place the above referenced case on the next available ~itv Commission Agenda for review. Signed on this date, the _.~day of )et,,___ ~..,~.~ .2003. ') _( -4 XII. - LEGAL ITEM D.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Requested City Corru-nission Meetina Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 2t, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meetin~ Dates [] February 4, 2003 Date Final Form Must be Turned in to City Clerk's Office January 21,2003 (Noon) [] February i 8, 2003 February 3, 2003 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Accept the offer of payment of attorneys fees and costs ia the total amount of $16,650.59 EXPLANATION: RI-IS Corporation instituted litigation against the City in November, 1999 concerning the City's approval of the development of property located at 660 West Boynton Beach Blvd. On November 29, 2001, the u'/al court entered Final Smm-~h-y Judgment in favor of the City. RI-IS then appealed the judgment to the Fourth District Court of Appeal. Thereafter, the City Attorney's Office fried a Motion for Attorney's Fees and Costs, to recover attorney's fees and costs expended by the City at the trial court level. The trial court entered an order on March 13, 2002, finding that the City was entitled to recover attorney's fees and costs from RI-IS Corporation. However, the tnal court delayed consideration of the amount of such attorney's fees and costs until after the appeal was resolved. On October 2, 2002, the Fourth Dislrict Court of Appeal rendered its decision on the appeal, and affirmed the decision of the tnal court. The appellate court issued its Mandate on October 18, 2002, which returned the case to the lower court, and the tnal court could once again consider the amount of attorney's fees and costs to be awarded to the City. A hearing was scheduled to determine the amount of attorney's fees for December 17, 2002. Prior to the hearing, PHS offered to pay a total of $16,650.59 to the City. A copy of the Agreed Final Judgraent, which requires payment to be received by the City within tell (10) dayS of the entry of the Agreement Final Jud~nent by the wad court, is attached hereto. PROGRAM IMPACT: N/A FISCAL IMPACT: The City will receive $16,650.59, which will reimburse the City for prior expenditures in defense of the litigation filed by PHS. ALTERNATIVES: The City Co,-~ission could approve the request, after which the attached Agreed Final Judgment will be forwarded to the trial court for signature. S:~BULLETUqXFORMSLa, GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The CiW Commission could deny the request. Such action would then reqUire the City Attorney's Office to re-set the hearing before the trial court, and retain the City's attorney's fees expert to appear at such hearing. The trial court would then determine the amount of attorney's fees and costs to which the City is entitled. Department Head's Signature City Managet'~ Signature Deparm~nt Name /- ' ~'~ty ~'ttt~r~ ! l~"mance / Human Resources S:~BULLETll~FORMS'~A. GENDA ITeM REQUEST FORM.DO~ RHS Corporation, Plaintiff, VS. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, Defendant. VS. IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. CL-99-1089l AN CLEAR COPY, INC., Third-Party Defendant / AGREED FINAL JUDGMENT ON ATTORNEY'S FEES AND COSTS THIS MATTER came before this Court on Defendant, CITY OF BOYNTON BEACH'S Motion for Attorney's Fees and Costs. On November 29, 2001, this Court entered Final Summary Judgment in favor of the City. This Court subsequently, upon review of the City's Motion for Attomey's Fees and Costs, entered an Order dated March 13, 2002, finding the City entitled to an award of attorney's fees and ordering that final judgment as to the amount of attorney's fees and costs would be entered upon agreement of the parties, or should the parties not be able to agree, upon further hearing by the Court. The partiea have agreed as to the amount of attorneys' fees and costs to which City is entitled. Upon consideration of the agreement of the party, this Court finds: 1. City is entitled to recover reasonable attomey's fees from Plaintiff in the amount of Sixteen Thousand and Twenty Five and no/100 Dollars ($16,025.00). 2. City is entitled to recover reasonable costs fi'om Plaintiff in the amount of Five Hundred Twenty Five and 591100 Dollars ($ 525.59). -1- Accordingly, Final Judgment is hereby entered against Plaintiff, R.H.S. Corporation, 650 W. Boynton Beach Boulevard, Boynton Beach, FL 33426, in favor of the City of Boynton Beach, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425-0310, in the total mount of Sixteen Thousand Five Hundred and fifty and 59/100 Dollars ($16,550.59). Plaintiff shall deliver payment to the City within ten (! 0) days of the date of this Final Judgment. Should Plaintiff fail to deliver payment to City within ten (10) days of the date of this Final Judgment, the total amount due shall bear interest at the statutory rate, FOR WHICH LET EXECUTION ISSUE. DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida this ~ day of ,2003. CIRCUIT JUDGE Copies furnished: Michael D. Cirullo, Jr., Attorney for Defendant, Goren, Cherof, Doody & Ezrol, P.A., 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, FL 33308 Kevin F. Richardson, Attomey for Plaintiff, Clayatt & Richardson, P.A., 1551 Forum Place, Suite 300-F, West Palm Beach, FL 33401 Jeffrey Tomberg, Attorney for Third-Party Defendant, 626 S.E. Fourth Place, Boynton Beach, FL 33425 H:\1999\990~37Xpleadins~,Ag~d Ally Fern Judgmmt. do~ -2- XII. - LEGAL ~I'EM D.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] Febma_ry 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) NATURE OF AGENDA ITEM Genaro Benitez Manzanarez, et al PLAINTIFF COUNSEL: DEFENSE COUNSEL: [] Admirdstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report v. City of Boynton Beach Jack Scarola, Esq., Searcy Denney Scarola Barnhart & Shipley R. William Rutter, Jr., Sonneborn Rutter Cooney & Klingensmith (NOTE: Defense Counsel is assigned by the Risk Management Department from the Florida League of Cities/Florida Municipal Insurance Trust (FMIT) list of approved counseL) RECOMMENDATION: Motion to authorize a projected mediated settlement with Plaintiff in the amount of $100,000.00, as statutory liability limit in accordance with Florida Statutes 768.28. EXPLANATION: On 10/01/2000, 14 year old Plaintiff struck by City Police vehicle while riding bicycle east-bound across Federal Hwy on E. Boynton Beach Blvd. Police vehicle responding to call, northbound on Federal Hwy. Police vehicle allegedly traveling without lights or sirens through green light in excess of posted speed limit. Plaintiff's head and shoulder hit windshield of Police vehicle and was thrown distance where his head struck bus bench. He suffered closed head, right arm and shoulder injuries. He suffered cognitive impairments and is allegedly totally disabled. Incurred medical expenses in excess of $160,000.00. Original demand at mediation was $10,000,000.00. Settlement over proposed statutory limit of $100,000.00 provided by FMIT and reinsurers. Plaintiff agreed to reduce demand to within limits provided by FMIT and reinsurers. Settlement negotiations are ongoing. PROGRAM IMPACT: Settlement of this nature is part of thc ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement wiU be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to apgrove settlement will resqlt in claim being litigated. Va~e of this case at trial is estimated at *5,000,000.00+. )~d~h3j~llml de$~ietlri~ J~gal~osJ~ are ~dmated at SS0,000.00. i Y/ ~ De~F~fi~l~ad's S;~n~ ' ff City Manager's Signature Department Name "-'(2ity A~ney / Finance / Human Resources CJM/Claima ut/Manzanarezj 03.dot S:kBULLETINkFORMSLa~GENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine ~)~,-?l Risk Manager January 7, 2003 DATE: SUBJECT: Risk Management recommends the City Commission ratify the: Genaro Benitez Manzanarez, et al v. City of Boynton Beach Date of Loss: October 1, 2000 X Settlement_ in the above stated manner. RESERVES: Indemnity: $ 100,000 Demand: Original: $10,000,000 Offer: Original: $ 100,000 Judgement Expenses: $ 92,000 Final: $ tbd Final: $ tbd X SETTLEMENT: $100,000 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ -0- Current Legal Fees: $ 64,000 IF NOT SET~ Projected Leg. al Fees: $ 50~000 Projected:Jm~ Verdi~: ,~DGEMENT: $ Current AdJustment Fees: $ Current Legal Fees: $ CASE NARRATIVE: On 10/01/2000, 14 year old Plaintiff struck by City Police vehicle while riding bicycle east-bound across Federal Hwy on E. Boynton Beach Blvd. Police vehicle responding to call, northbound on Federal Hwy. Police vehicle allegedly traveling without lights or sirens through green light in excess of posted speed limit. Plaintiff' s head and shoulder hit windshield of Police vehicle and was thrown distance where his head struck bus bench. He suffered closed head, right arm and shoulder injuries. He suffered cognitive impairments and is allegedly totally disabled. Incurred medical expenses in excess of $160,000.00. Original demand at mediation was $10,000,000.00. Settlement over proposed statutory limit of $100,000.00 provided by FM1T and reinsurers. Plaintiff agreed to reduce demand to within limits provided by FM1T and reinsurers. Settlement negotiations are ongoing. Cj m/Claimaut/Mnn:,anarezj04.doc XlI. - LEGAL ITEM D.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City cornrmssion Meeting Dams [] February 4, 2003 [] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February t 8, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Adrmmstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Add proposed Ordinance to next Co,,mfiasion Agenda for First Reading. EXPLANATION: The City owns real property throughout the City. Current Code provisions require that surplus real property be appraised, and sold only through a competitive bid process. In some cases the property is of such size and configuration that the property is best suited for inclusion in an adjacent development, either for use as a buffer, or for expansion of the adjacent development. The proposed Ordinance would facilitate the sale of surplus real property in such cases. This proposed Ordinance has been placed on the agenda under "Legal Other" rather than "Ordinances for First Reading" as the current policy of the Commission requires preliminary review of Ordinances not generated at the request of the Commission. PROGRAM IMPACT: None FISCAL IMPACT: Possible reduction in sale price of surplus real property. ALTERNATIVES: Maintain current policy which requires competitive Department Head's Signature City Attorney Department Name city / eso ces S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE IV, SECTION 2-56 PROVIDING FOR AMENDMENT TO PROCEDURES FOR THE SALE OF SURPLUS CITY OWNED REAL PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2-56 to provide for an alternative procedure for the sale of surplus City owned real property when the property is contiguous to developed property and the sale would facilitate the construction of buffers to or extensions of the business or other use existing on the adjacent ~erty; and WHEREAS, the City Commission has determined that the current procedure · ' competitive bidding for surplus property serves no public purpose when the surplus property is of such size and configuration that its highest and best use would be to assemble the City owned property with adjacent developed property. NOW THEREFORE, BE 1T ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section l. Chapter 2. "Administration" 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: Sec. 2-56. Pumhasing agent, selection, duties; competitive bidding. The City Commi~ion shall appoint an officer or employee of the city, other than a member of the City Commission, aa purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the mtmicipal government. All purchases or sales of city property shall be subject to the approval of the City Commission and shall conform to such regulations aa the City Commission may from time to time prescribe. Personal Prooertv, Commodities and Services Except aa provided in section 2-56.1 all purchases or sales of personal property, commodities and services involving amounts in excess of twenty-five thousand dollars ($25,000.00), or S: \CA\Ordinance~u:lmini~'at~ve~Sec 2-56.d0c construction involving amounts of seventy-five thousand ($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the commission may direct. The city commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. Real Property With regard to the sale of any real estate owned by the city, regardless of the estimated value thereof, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of 4/5 of the City Commission. After such appraisal shall have been completed and a fair market value determined, the property may be sold: I. To the owner of adjacent developed property if the City property is to be used by the adiacent property owner as: A. buffer or B. for an extension of the use to which the adjacent property owner is using the adjacent property at the time of sale; or 2. To the highest bidder following a completive bidding process IAS estabhshed by the City administration. Section 2. Each and every other provision of Chapter 2 of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. Al1 ordinances or pans 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 6. Authority is hereby granted to codify said ordinance. ~ This ordinance shall become effective immediately upon passage. FII~T RlgADING this day of , 2003. S: \CA\Ordinances~J, clminislz"~t~Ye\Sec 2-56.doc SECOND, FINAL READING AND PASSAGE this day .., 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner (CORPORATE SEAL) S: \CA\Ordlnances~clministrattve\~ 2-56.cloc