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Agenda 12-02-03 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA DECEMBER 2, 2003 Jerry Taylor Mayor At Large Bob Ensler Commissioner DISTF IICT IV ~"11 District Ih -! Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III _~ i ~ IDI ~TRI:T~IIi / Carl McKoy Commissioner District IV DISTRII Kurt Bressner I 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 PUBU:C PARTICIPATION AT CI'I'Y OF BOYNTON BEACH COMMISSION MEETINGS 'HE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEEI'J:NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda affcer a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA December 2, 2003 6:30 P.M. I. OPENINGS: A. Call to Order- Mayor 3erry Taylor B. Invocation - Rev. Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption IT. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS~ COMHUNTrY & SPECIAL EVENTS~ & PRESENTA'I'ZONS: A. Announcements: B. Community and Special Events: 1. CRA Multi-Cultural Winter Carnival - Saturday, December 6, 2003, 2:00 p.m.-midnight - 500 block of Ocean Avenue 2. Holiday Parade - Sunday, December 7, 2003, 3:00 p.m. - Federal Highway 3. Oceanfront Concert - Friday, December 19, 2003 - 6:00-9:00 p.m. - Oceanfront Park (Burnt Biscuit - Country/Western) C. Presentations: 1. Proclamations: None 2. Presentation of State Resolution honoring the East Boynton Beach Little League Team by State Representative Ann Gannon Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 PUBI_[C AUDTENCE: TND~/~DUAL SPEAKERS WTLL BE LTMTrED TO 3-MTNUTE PRESENTATIONS (at the discretion of the Chair~ this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMTNTSTRATI'VE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date I Ensler Advisory BcI on Children & Youth Alt 1 yr term to 4/04 II McCray Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Mayor Taylor Advisory 8d on Children & Youth Stu/Voting 1 yr term to 4/04 Tabled (2) III Ferguson Cemetery Board Reg 3 yr term to 4/04 Tabled (2) Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) T Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 I Ensler Planning & Development Board Alt 1 yr term to 4/04 Tabled (2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Special City Commission Meeting of November 7, 2003 2. Agenda Preview Conference of November 17, 2003 3. Regular City Commission Meeting of November 18, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR MA]:NTENANCE/PARTS/REPAIR, BTD #086-2822-03/CJD to ADVANCE GENERATOR SALES & SERV]:CE, ]:NC. of Royal Palm Beach, Florida, in an estimated amount of $46,100 2. Approve the expenditure of $25,000 for H.T.E. LX Clean-up Project Phases 3 & 4 for I.T.S. Department (sole source vendor) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 C. Resolutions: 1. Proposed Resolution No. R03-185 Re: Approval of contract with United Forward and UF Fluid Systems, ThC. for Economic Development Set-Aside previously agreed upon on 3uly 2, 2002, for $50,000 in CDBG matching funds with Palm Beach County Housing and Community Development 2. Intentionally lelt blank 3. Proposed Resolution No. R03-187 Re: Appointment to Palm Beach County League of Cities 4. Proposed Resolution No, R03-188 Re: Appointment to Metropolitan Planning Organization 5. Proposed Resolution No, R03-189 Re: Appointment to Coalition of Boynton West Residents Association 6. Proposed Resolution No, R03-190 Re: Appointment to Multi- ,lurisdictional :Issues Coordination Forum 7. Proposed Resolution No. R03-191 Re: Setting aside the third Friday of September in each year as POW/M:[A recognition Day and authorizing the display of the POW/MIA Flag at City Hall 8. Proposed Resolution No. R03-192 Re: Approval of Amended Agreement with Palm Beach County Property Appraiser increasing the Administrative Fee charged pursuant to Section 197.363(1) Florida Statutes for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments (Administrative Fee will increase from $100 to $150 per year) D. Ratification of Planning & Development Board Action: 1. 1~t Southern Bank Phase !! (ZNCV 03-021), 1800 W. Woolbright Road (aka 1710 W. Woolbright Road) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21. Signs, Article 1V, Section 2(B), limiting a single use to one site sign to allow the erection of 2 site signs for an office building - TO BE PULLED FOR DISCUSSION 2. Boynton Beach Faith Based Community Development Corporation North Palm Way (ZNCV 03-022), Lot 2 North Palm Way, approximately 80 feet east of Seacrest Boulevard - Request for 3 Agenda Regular City Commission MeeUng Boynton Beach, Florida December 2, 2003 relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a rear yard setback of 25 feet, to allow a variance of 6 feet or a rear setback of 19 feet for a single-family house in a R-1 zoning district- TO BE PULLED FOR D:[SCUSS:[ON 3. Renaissance Commons Phase ZT (NWSP 03-016), Southeast corner of Congress Avenue and Gateway Boulevard - Request for new site plan approval for a 4,200 square foot commercial building on 28.368-acres in a C-3 zoning district Renaissance Commons Phase TTT (NWSP 03-017), Southeast corner of Congress Avenue and Gateway Boulevard - Request for new site plan approval for the third phase of a mixed-use project consisting of 28,962 square-feet of commercial space and 8 apartment units within 3 separate buildings on 5.56 acres in the C-3 zoning district 5. Fire Station #2 (NWSP 03-015), Woolbright Road approximately 650 feet west of Congress Avenue - Request for new site plan approval for a 23,339 square foot fire station on 3.98-acres in a PU zoning district 6. Quantum Park Lots 73-A - 76 (SPTE 03-005), Lots 73-A, 73-B, 74, 75, and 76 of Quantum Park, a P.T.D. - Request for a 6-month time extension to the approved site plan for construction of 196,554 square foot office/industrial space, from November 6, 2003 to May 6, 2004 7. Fire Station #2 (CDPA 03-002), Woolbright Road approximately 650 feet west of Congress Avenue - Request for an appeal of the Land Development Regulations, Chapter 9, Section 11.3 to permit overhead bay doors to face Woolbright Road for Fire Department apparatus bays E. Ratification of CRA Action: 1. Buchanan Variance (ZNCV 03-019), 807 Ocean ]:nlet Drive - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 25 foot rear yard setback to allow a 7 foot variance, resulting in an 18 foot rear yard setback within the R-l-AA single family-zoning district - TO BE PULLED FOR DTSCUSSION F. Release cash bond of $3,500 to Leighton McGinn Company for the project known as the Survivor Charter School G. Release cash bond of $18,544.90 to Matthew O'Connor for the project known as Survivor Charter School H. Approve the surety and excavation of more than 1,000 cubic yards of fill for the Quantum Village Townhomes project aka Canterbury at Quantum Park 4 Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 I. Authorize the use of Community Investment Funds for the HeadStart Scholarship Program - $500 and American Legion Girls State $400 requested by Commissioner Mack McCray -1. Approve the "SURPLUS COMPUTER EQUIPMENT" (MONITORS AND CPUs) as submitted by the Warehouse and allow for the donation of same to the Community Development Center, Inc. of Boynton 8each VII. CODE COMPI.ZANCE & LEGAL SETTLEMENTS: A. Motion to pay William .1. Fogarty for settlement of motor vehicle accident of October 23, 2003, in the amount of $13,000 VIII. PUBLIC HEARING: 7:00 P.H. OR AS SOON THEREAFTER AS THE AGENDA PERI4ZTS A. Project: Mangrove Walk Alley (ABAN 01-004) Agent: City Initiated Location: 600 & 700 block of NE 8~ Avenue and NE 9~ Avenue Description: Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision B. Discussion of Marina Development Agreement (Tabledon 11/$/03) C. Approval of the Second Amended Mediation Agreement for the Marina ~(, Cl-rY MANAGER'S REPORT: A. Review report of Old High School Task Force B. Discussion of additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 X. FUTURE AGENDA TI'EMS: A. Discussion of rotation of CRA Chair (December 16, 2003) B. .1oint meeting with Commission and CRA on Development Issues (December 17, 2003 - 5:30 p.m. - Conference Room C - West Wing) C. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) D. Proposed Ordinance regarding granting to Florida Power & Ught Company an electric franchise agreement for the period of thirty years from the date of acceptance (.1anuary 6, 2004) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 E. Strategic Planning Session (3anuary 2004) F. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) G. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) H. Proposed Lease Agreement with Boynton Woman's Club (TBA) NEW BUSTNESS: None XlI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 03-039 Re: Amending Policy 1.16.1 of the Comprehensive Plan to clarify types of uses permitted within the Mixed Use (MX) and the Mixed Use Core (MX-C) land use classifications and to provide ranges of allowable percentages of land uses within each classification 2. Proposed Ordinance No. 03-054 Re: Establishing an Urban Central Business District 3. Proposed Ordinance No. 03-059 Re: Rescinding Ordinance 02-022, which was adopted on June 4, 2002 to abandon a utility easement in Quantum Park 4. Proposed Ordinance No. 03-060 Re: Abandonment of a public utility easement (L.A. Fitness) 5. Proposed Ordinance No. 03-061 Re: Amending Chapter 18, Pensions and Retirement, Article 13( Early Retirement Incentive Program B. Ordinances- 1~t Reading 1. Proposed Ordinance No. 03-062 Re: Amendments to the Land Development Regulations, Chapter 21. Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type 2. Proposed Ordinance No. 03-063 Re: Procedure for the selection of the Vice Mayor 6 Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 3. Proposed Ordinance No. 03-064 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, revising Section 18-170 to provide for optional forms of benefits and amending Section 18-174 to provide for a cost of living adjustment 4. Proposed Ordinance No. 03-065 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, providing for monthly supplemental benefits C. Resolutions: None D. Other: None X/TI. UNFTNISHED BUSINESS: None XIV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE VVIII NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE*, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN.~OY THE BENEFITS OF A SERVICE,, PROGRAM*, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COS'FEI_LO*, (561) 7z~2-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 12/1/2003 5:09 PM S:\CC',W~CCAGENDA~,GENDAS\YEAR 2003\120203 FINAL AGENDA.DOC 7 TZZ.-ANNOUNCEt4ENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (NoOn) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATUREOF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing r [] Code compliance/Legal Settlements [] Unfinished Business ~ ::~ RECOMMENDATION: Request to present resolution EXPLANATION: State Rep. Ann Gannon introduced a resolution that was approved in the legislature honoring ~e Eas~r~ Boynton Beach Little League, which she would like to present to members of the team and their parents at the Commission meeting. The resolution was approved October 21, 2003. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES:),~/O~. ~a.t~ ~)~. ~ tf'.~Deny request to present resolution ~ ~ Department Head'gISignature ignature Public Affairs Department Name City Attorney / Finance / Human Resources S:'tBULLET1NLFORMSLa, GENDA ITEM REQUEST FORM.DOC 11/17/2003 17:53 FAX 581288881¢ REP ~NNE W 8ANNON DEW 88 ~002/004 F L O R I D A H O U $ E O F I~ E P R E S E N T A T I V E $ HRg003~ 2003 House Resolution 2 A resolution honoring the East Boynton Beach Little League 3 United States Championship Team. 5 WHEREAS, on August 23, 2003, at Howard J. Lamade Stadium in willia~$port, Pennsyivan~a, the East Boynton Beach Little League ?sam won the United States Champzonship 9-2 a~ainst New England in an outstanding display of teamwork and sportsmanship, and WHEREAS, 5he East Boynton Beach team is the first from South Florida to make ~ to the Litzle League World series in Wiiliamspcrt and the twentieth team from Florida to do so, and WHEREAS~ the exemplary conduc~ of the team members, Michael Broad, Richie DeJesus, Cody Emerson, Jordan Irene, Patrick Mullen~ ~.J. Neal, Matt Overton, Ricky Sa~atino, Benny Townend, Devon Travis, and Andrew Weaver, was so ~xtraordinary in th~ world of competitive sports that they captivated the hearts of basebal~ fans across the country, and ii WHER~AS~ ~he team had been successfully Drepared for the 19 competicion by its ceaches, Kenny Emerson, Joe Irene, and Tony Travis, who were enthusiastically backed by parents and 2z volunteers who worked diligently behind the scenes to support 22 the team's efforts, NOW, THEREFORE, 24 Be It Resolved by the ~ouse of Representatzves of the Btate cf Florida: 2? That the East Boynton Beach Little League Team is ~s congratulated for winning the ~ittle League United States 29 Championship; honored for setting ~he standard f~r teamwork, 30 sportsmanship, add friendship; and saluted for energi=ing the P~lof~ CODING: Words r~tr-i~ are deletions; wor~$ underlined a~ a~di~ns. F L 0 R I Q A H 0 U $ E 0 F R E I3 R E S E N T A T I V E S 31 nation, the state, &nd, most espec&a2~¥, the residents and fa~s ~2 o~ ~oynton Beach. 33 BE IT FURTHER RESOLVED tha~ a copy of this resolution be 3~ presented to the East Boynton Beach Little League United Statem 35 Championship Team as a tangible token of the sentiments 3g expressed herein. CODING: Words ~ are deletions; words underlined are additions, 11/17/2003 17:54 FAX 5812988614 REP ANNE ~ GANNON DEN 88 ~004/004 Expor~ to Word HR 9OO3E: Relating to East Boynton Beach Little League Resolution by Gannon (CO-SPONSORS) Adams; Alien; Airman; Ambler; Anderson~ Arza; Attkisso~; Ausley; Barreir Baxley; Bean; Bendross-Mindingall~ Bense; Benson; Berrie!ti; Bllirakis~ Bowen; Brandenburg; Brown Brummcr; Brutus; Bucher; Bullard; Byrd; Cantens; Carro!l; Clarke; C:retul~ Culp; Cuaack; Davis, Davis/ M.; Dean; DeteFt; Domino; Evers; Farkas; Fields; Fiorentlno; Galvano; Gar¢ia; Gardiner; Gibson/A.; Gibson, H.; Goodlel:te; Gottlieb; Green; Harper; Harrell; Harrington; Hasner; Henricluez; Holloway; Homart; ]ennlngs; Johnson; 3ordan; ,~oyner; Justice; Kallinger; Kendrick; Kilmer; Kosmas Ko~tkamp; Kravitz; K¥1e; Llttte¢leld; Uorent¢; Machel<; Hayfield; rVlc]nYale; Meadows; Melior; Murm. Nurzln; Needelman; Negron; Patterson; Paul; Pe~erma~; Pickens; Poppell; Reagan; Rit~r; Robaina; Roberson; Ross; Rubio; Russell; Rya~; San$om; Seller; Smith; 5obel; Spratt; Stansel; Troutman; Vana; Waters', Wiles; Wishner~ East Boynton Beach Little League Honors the East Boynton Beach LEUe League United States Championship Team. Referred Committees and Committee Actions: No Referred Committees Legislative Status: Companion Bills: Bill Text; ORZG]NAL FILED Chamber ActionS: Char~l~er Vote Date Yeas Nays Action Taken Mouse 10/2~/2003 103 0 Cosponsor Bill History: Event Time Stamp Member Committee Adopted 1C/21/2CO3 O~h Z,~PIvi N/A N/A ~0 2~d ~ 10/21/2003 04:24P~ N/A fl/A Re~d 1~ Clme 10/21/2003 04;2~PH N/A H/A ~11 added to Resolut;ons 10/21/2003 02:47P~ H/A N/A ~lendar F~ied Umely ~0/20/2003 04:44Pta Ga~non ~/A VI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtw Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December l, 2003 (Noon) [] Februmy 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR MAINTENACE/PARTS/REPAIR, BID#086-2822-03/CJD to: ADVANCE GENERATOR SALES & SERVICE, INC. of Royal Palm Beach, Florida in an estimated amount of: $46,100.00. EXPLANATION: On August 27, 2003, Procurement Services received and opened six (6) proposals. The proposals have been reviewed and it was determined that Advance Generator Sales was the most responsive, responsible bidder who met all specifications. Because response time is a concern, geographic location is imperative. Response ti ~rg~f°re~ Condo Electric from Hialeah is (2) hours and past references have shown where the response was slow. Advan~L*' Generator is located in Royal Palm Beach and stated that the response time is ½ hour. The primary costs are~l~or~~ rates and the related cost of travel time, it conceivably seems that Advance Generator is the lowest, most respl~siv~ responsible bidder. Jeffrey Livergood, Public Works Director concurs with this recommendation (see memo PROGRAM IMPACT: The purpose of this bid is to secure prices for a period of two (2) years for Maintenai~e/P~ and Repair (labor & parts) for emergency diesel/propane (26) power generator sets located throughout the Ry. FISCAL IMPACT: The costs have been individually allocated to various account numbers by user departments. Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Haman Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Jeffrey Livergood- Public Works Director Richard Fiege - Facilities Manager Christine Roberts - Deputy Public Works Director Tony Lombardi - Utilities Supervisor Barbara Conboy - Utilities Manager Administration File RECEIVED DEPARTMENT OF PUBLIC WORKS 'NOV 1 g 200~ MEMORANDUM #03-152 (Revised) P~oc~ TO: Bill Atkins Deputy Director of Financial Services VIA: Jeffi-ey Livergood - Director of Public Works Christine Roberts - Assistant Director of Public Works~-- FROM: Richard A. Fiege - Facilities Management Supervisor DATE: November 18, 2003 SUBJECT: 2-year Contract for Diesel/Propane Generator Maintenance & Repair Bid No. 086-2822-03/CJ1) On August 27, 2003, Procurement Services received six (6) proposals for the above captioned bid. Upon review by Tony Lombardi, Utilities Supervisor and myself, it has been determined that Advance Generator was the apparent low bidder based on labor and travel time. Advance Generator's Labor rate is $39.00 per hour and their response time from Royal Palm Beach is ½ hour. Condo Electric's hourly rate is $40.00 and response time is 2 hours traveling from Hialeah. Advance Generator has been servicing our Generators for the past several contract periods and they have provided us with exceptional service and quick response time. Please refer to the chart below for funding information for this bid. Public Works/Facilities Mgt. 001-2511-519-46.25 $3,950 001-2511-519-49.17 $1,650 Utilities/Water Distribution 401-2810-536-46.20 $3,000 Utilities/Public Water Distribution 401-2811-536-46.20 $7,500 Utilities/Wastewater Collection 401-2815-536-46.20 $5,000 Utilities/Wastewater Pumping Stations 401-2816-536-46.20 $25,000 If you need any additional information, please contact me at Ext. 6020. Richard A. Fiege, agement Supervisor RAF/PL/pl Copy: Tony Lombardi, Utility Pumping Stations Supervisor David Ailstock, Chief Operator Thomas Fitzgerald, Chief Operator James Hart, Asst. Supervisor Wastewater John Reynolds, Maintenance Supervisor Barbara Conboy, Utilities Manager Phyllis Dixon, Communications Manager PW File --r ~-_ :o --tC)~ 130 o 3: 0 O~ 03 C0 ,: :~,~ m ~O~'~ o~ ~ ~o °~ ~° ~< ~ ~> ~m oR~ ~, ~ ~ o ~ ~ ~ ~m ~o o R ~ m m 0< m' - = ~ o ~! ~ ~ 8 < ~ ~ ~ > ~ ~ m _ ~ o~ ~ m ~m Z 0 m m~ 0 m ~= ~ ~ ~ z~ --0 ' ~ ~ Z Z ~ ~ ~~ O~ E ~ o o o o ~ - m I .. · Z ' ~ ~ ~ 0 m m m o ~ 8 ~ ~ ~ ~ ~ o ~ - = -. ~ ~ ~ o o o o ~ o ~ = - ~ =oooo~e8 ~ ~~' = ' ~:~' o~L · . z ~ 8 8~ ~ e 8 ~ o ~ ~ o m m m o ~ ~ ~ o o o ~ ~ ~ ~ ~ ~ ~ ~ ~ o o o o ~ ] : 0 0 i , _- m o :":00 0 ;~ ~ z_ ;~ "n m ~mo ::o 0 m ~ O '~ -o zm -- ~o z o z > o~ :0 ~ ~o.m. :~ -~~ "" ~ ~:~- z m rn .<c m 0 ~: ~.p~m o ITl --I rn .. om m~ m o0:> m rn z m m 0 co m m m o~> -< -< o -< ~> , ~ :o ,~ z m m Z rn ~ 6> cn co -- m m m rn .. 7 z .< × '~z~m m _ o om ~:~:~§ ~ ..~ - zZ ~,~'~' m ~ mO ~o~. - z _< o-~ · ~ D~ < ~ m ~o> m m ITl co~--~ -z Z0 aa Z Ill 0 C) m ~__. ~ ~' m -< VL-CONSENT AGEN DA I'TEM B.2. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FO. .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January .5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) ~-~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business -,~ r~ RECOMMENDATION: Motion to approve the expenditure of $25,000 for H.T.E LX Clean-up Project Phases 3 & 4. Funding is available in ITS Account 001-1511-513-49-17. The cost for this initiative is $25,000 (Exhibit A - Proposal Attached). Geographic Technologies Group Inc. (GTG) is the only vendor that can provide this service, due to the proprietary nature of the H.T.E. database code (Exhibit B - Press Release). Please see the attached sole-source letter from GTG (Exhibit C). EXPLANATION: Eighty percent (80%) of all of the city's enterprise data is referenced by an address. This project updates the H.T.E. Land Management (LX) Database with accurate spatial information. Currently the H.T.E. LX database is 60.4% inaccurate: out of every 10 H.T.E permit records selected, 6 will contain incorrect address information. Please see the attached statistics for the results of the project from Phases 1 & 2 (Exhibit D). PROGRAM IMPACT: The completion of Phases 3 and 4 of the H.T.E. LX Clean-up Project will enable the city staff to continue maintenance of all database address locations without assistance from outside consultants. FISCAL IMPACT: The cost for this initiative is $25,000. The City Commission approved the funds in the ITS/GIS Budget on September 17, 2003. ALTERNATIVES: Do not p~ee~ith the project at this time and continue to use the H.T.E_~dat~bas~nowing that it is 60% inaccurate. ~x'~'~ t ~"(~ ~T S allace, Director o . . . ~;~/~ City Manager's Signature I.T.S. City Attorney / Finance / Human Resources S:'xBULLETINWORMSLAGENDA ITEM REQUEST FORM.DOC Exhibit A Page lof4 City of Boynton Beach, FL GIS Implementation FY 2003-2004 Tasks SCOPE AND PROPOSAL Submitted by: Geographic Technologies Group, Inc. 2400 High Ridge Road, Suite 101 Boynton Beach, FL 33426 Tel: 561.572.4900 Fax: 561.572.4902 October 29,2003 I GEOGRAPHIC TECHNOLOGIES GROUP, INC Exhibit A Page 2 of 4 1. HTE LX Clean-up and LGAddress Software Overview: The City of Boynton Beach has sought a solution to update its existing HTE Land Management Database with accurate spatial information fi.om its GIS databases. GTG has proposed a phased approach to obtain an accurate point based address layer for The City of Boynton Beach with a one-to-one relationship with the existing LX module of HTE software system. Based on the completion of Phase's I and II of this project, the implementation of LGAddress software will be implemented to ensure the city can continue the maintenance of it's address locations. In addition, the population of spatially related information will be back-populated in this project to allow for further leveraging ofgeospatially stored information. Now that the City has an accurate and complete point based address theme, the visualization of all HTE related databases (BP, OL, CE, CX, WF) can be possible in LGviewer. Phase III: Install LGAddress software fi.om HTE. This software package allows for the graphical maintenance and placement of LX record in the HTE database. This will allow for the bulk update and overlay of GIS layers to maintain spatial attributes in HTE, These include Commission District Zoning Land use Inspection District In/Out of City Subdivision Fire Zone Jurisdiction During this phase of the project GTG will aid the City in standardizing the table driven codes in LX and the codes for the above-mentioned GIS layers to coincide with each other. This standardization of code values will be pertinent in completing Phase IV of the project. All LX record not mapped through automated services will be mapped using LGAdclress. GTG and the City will work together to determine solutions for those LX records that pose issues to GTG making a sole decision. Deliverable: Installation and training of LGAddress. A complete address point layer and standardized GIS layers. Phase IV: Phase IV is the bulk update of LX records leveraging GIS databases, Once this perform all spatial fields of THE LXLIB.LMABREP will be updated with information from the GIS. This will be completed by using a detail SQL script to update each record based on its X, Y location. Deliverable: A SQL script for the update and processing of LX records against the GIS databases. GEOGRAPHIC TECHNOLOGIES GROUP, INC Exhibit A Page 3 of 4 Project Process Diagrams Figure 1 - Project Process I ! Match Process to Map Move Points LXLIB to Actual ] · LMABREP [] .' LOC-IDAddress Location ~-----"~PHASE 1 2 PHASE 31 Place PHASE 4 Unmapped LX Records Figure 2 - Point Movement GEOGRAPHIC TECHNOLOGIES GROUP, INC Exhibit A Page 4 of 4 Proposed Budget & Schedule: Schedule: GTG can begin work immediately on the proposed project and can complete the phases in the following time frames after an official Notice to Proceed (NTP): FY 2004 Phase III: 95 Days Phase 1V: 120 Days Proposed Schedule: As stated above from Notice to Proceed HTE Address Clean-up and LGAddress Software Cost Proposal Phase III 120 hours ~ $125.00 = $9,000 Phase IV 120 hours ~ $75.00 = $9,500 LGAddress Single Seat = $6,500 TOTAL FEE (NTE) = $25,000 Cost Summary H.T.E. LX Clean-up Phases III and IV $25,000.00 TOTAL PROJECT PHASE 3 & 4 $25,000.00 4 GEOGRAPHIC TECHNOLOGIES GROUP, INC Exhibit B Page 1 of 2 Press Releases HTE Announces Strategic Alliance with Geographic Technologies Group, Inc. for GIS Support August 03, 2001 Lake Mary, FL, August 3, 2001--HTE Inc. (NASDAQ: HTEI), a leading provider of enterprise-wide software, Internet, and wireless solutions for public sector organizations and utilities, today announced it has formed a strategic alliance with Geographic Technologies Group, Inc. (GTG), experts in Geographic Information Systems (GIS), to be the exclusive provider of computerized mapping products and services to extend the functionality of HTE's government and utilities software. GTG's software, used for mapping and analyzing spatial data, has become one of local governments' most valuable tools for planning, cost reduction, and decision-making. GIS technology layers information from databases onto interactive maps drawn using aerial imagery, parcel maps, site plans, blueprints and Global Positioning System (GPS) satellites. '¥Ve're taking GTG's sophisticated GIS products and gearing them specifically to our applications, giving our customers more powerful management resources than they have ever had before," said Bill Barnett, HTE's vice president of integrated product solutions. Barnett said GTG was selected because of its depth of knowledge and widespread recognition as a leader in GIS technology. "They're the best at what they do," said Barnett. "Our strategic alliance with HTE allows us to integrate user-friendly GIS analytical tools into the day-to-day work flow of local governments," said David Holdstock, GTG's CEO. "The underlying technologies are complex, but the results are simple and easy to use. We basically assimilate all we know about an area and show it graphically in an uncomplicated way. Using ESRI's development platform, our specialized team offers exciting and innovative opportunities for HTE customers interested in harnessing the power of GIS to improve the quality of life in their communities." Peter Wallace, Director of Information Technology Services for the City of Boynton Beach, FL, an HTE customer since 1987, said he believes the HTE-GTG alliance opens a world of possibilities for government agencies and the citizens they serve. "Geographic information systems are the future of information technology, and being able to tie them into financial and other data on our enterprise systems is fantastic," he said. Boynton Beach's GIS Coordinator, Regina Hagger, said the advantages will first be realized by city employees but will quickly reach the citizens directly. "We'll be able to take the information that runs the city and geographically enable it for so many practical uses. One of our first initiatives is to centralize all of our data, map it and make it accessible to all employees, so we can help our citizens more effectively. But the next step will be to give our residents direct access to the information. "Imagine how helpful it would be to pull up a map of the area's flood plains before you began house hunting, or to see where the nearest parks are, and what their operating hours are, all from your home computer or a kiosk located in a public building. These applications are not just for power users, they are for everyone," Hagger said. GTG's Looking Glass (LG) suite of products, developed exclusively for HTE, will initially interface with HTE's CAD400, CRIMES Records Management System, and land-based applications for work orders, code enforcement, business licenses, utilities, and building permits. "The demand for mapping and geo-spatial tools has risen dramatically as local government agencies gear up to comply with new federal regulations that require detailed reports on infrastructure and public assets such as bridges, roads and water systems," Holdstock said. "Many governments are developing their own strategic plans for implementing enterprise-wide GIS programs." Barnett said bringing GTG's expertise to HTE's enterprise suite of software will allow users to perform common tasks and operations with greater ease and accuracy. Law enforcement officials, for example, will be able to view a map showing all active 911 calls in their jurisdiction and inspect area maps to quickly spot trends in criminal activity. Police officials might use the information to determine where new substations should be built, to reassign staff to busier areas or to establish community outreach programs in neighborhoods at high risk. City planners and public works officials could simultaneously view sewer lines, power lines, flood plains, roadways, fire stations, and other structures to make better decisions on land use and development. Utility managers could view their utility meters by type or location to facilitate replacement or repair. "The possibilities are endless, limited only by the users' imagination," Barnett said. "This was one of the highlights of last month's HTE Users Group (HUG) educational conference in Las Vegas. Customers were watching the demo, already thinking of ways they could use this technology to do their jobs better." Exhibit B Page 2 of 2 Geographic Technologies Group Inc. GTG is a full service GIS consulting company specializing in application development, strategic and innovative GIS implementation planning, data conversion and integration services, field data collection, database development and GIS training and education. The company provides services to towns, cities and counties as well as state and federal government and utility companies. Additional information about GTG is available at www.,qeot.q.com HTE Inc. HTE Inc., a proven leader in government information technologies, provides a broad range of innovative software solutions to more than 2,200 government offices, agencies and utility companies throughout North America. The company's products address the wireless computing requirements of a rapidly changing public sector market and support the end-to-end delivery of e-government access to citizens and businesses. Founded in 1981, the company is headquartered near Orlando, Florida. Additional information about HTE's products is available at www.hteinc.com or by calling HTE Marketing Services at 1.800~727.8088. This press release contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 that involve a number of risks and uncertainties. Among the factors that could cause actual results to differ materially from those expected are discussed from time to time in reports filed by HTE with the Securities and Exchange Commission, including risks summarized in HTE's latest Annual Report on Form 10-K. HTE undertakes no obligation to update or revise any forward-looking statement for events or circumstances after the date on which such statement is made. Exhibit C Page 1 of I October 31, 2003 ~raphlc Ms. Regina Hagger Technologie~ Group, In¢ GIS Coordinator City of Boynton Beach Florida Regina: This letter is to inform you to the nature of the relationship between SunGard HTE and Geographic Technologies Group. GTG is SunGard HTE's sole source strategic partner for all mapping and GIS applications and data development. This unique relationship allows GTG to be the ideal candidate to complete Phase II and IV of the LX database scrub and address point creation project. I you have any question please feel free to call me O Brain Sovik ~ Regional Manager - GTG ~' 561.572.4900 ~ O Corporate Headquarters 1100 Paxkway Dr. Suite D Goldsboro, NC 27534 919-759-9214 Regional Offices Georgia Florida Texas Exhibit D Page 1 of l HTE Lx Clean- Up Project Phases 1 2 Summary Statistics Report Land File(LX) Records 89703 35527 54176 39.61% Occupational Licenses Records (Total) 15273 9827 5446 64.34% Occupational Ucenses Records (Active) 1558 1487 71 95.44% Code Enfomement Records 68988 61722 7266 89.47% Building Permit Applications 91609 71646 19963 78.21% Building Permits 141112 110278 30834 78.15% Work Ordem 98263 66780 31483 67.96% Utility Services (Total) 328709 220246 108463 67.00% Utility Services (Active) 104089 74544 29545 71.62% Utility Metem 32039 21425 10614 66.87% VZ.-CONSENT AGENDA · ITEM C.1. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO [M Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meetinq Dates Turned in to City Clerk's Office Dates Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Nm) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon)~'~.. [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing Code compliance/Legal [] Settlements [] Unfinished Business RECOMMENDATION: Staff recommends the approval of a contract for Economic Development Set- Aside previously agreed upon of July 2, 2002, for $50,000 in CDBG matching funds with Palm Beach County Housing and Community Development. EXPLANATION: Palm Beach County Department of Housing and Community Development previously invited local entitlement governments located with certain areas to submit grant applications from the business community in an effort to stimulate economic growth and increase business opportunities. This resulted in United Forward and UF Fluid Systems, Inc. in applying for $100,000 in assistance, of which $50,000 will come from Palm Beach County, and $50,000 will be matched from the City Of Boynton Beach. Approval of funds was contingent upon the approval of the Palm Beach County Board of County Commissioners, which was accomplished. The reimbursement of funds is for the purchase of extrusion line equipment for use in the manufacture of automobile hoses. PROGRAM IMPACT: The creation of 10 full-time new positions to benefit Iow and moderate income persons. Currently United Forward has established a relationship with the R. M. Lee CDC who has advertised, interviewed, and counseled numerous citizens located within the Heart of Boynton target area. FISCAL IMPACT: $50,000 of Community Development Block Grant Funds. ALTERNATIVES~ None. ~ ~ DeP~-~(~n, ~l(~a~ ~ ~,gn"ature " Ci{~ I~a-~onature Department of Development j(~~ Community Improvement Division DepaH,,ment Name City Attorney~T:inance / Human Resources CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Fo~m Must be Commission .MeelJnq Turned in to City Clerk's Commission ~ Turned in to City Clerk'~ 0flic~ Dates Off f Ge [] March19,2002 March6,2002 (5:00p.m.) [] May21,2002 MayS, 2002 (5:00 p.m.) [] Apdl 2, 2002 March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) [] April 16, 2002 April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) [] May 7, 2002 April 17, 2002 (5:00 p.rn.) [] July 2, 2002 June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM I'-1 Public Hearing [] Legal . [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends that Commission authorize the City Manager to submit an Economic Development Set-Aside application to Palm Beach County Housing and Community Development and appropriate $50,000 from the Economic Development Incentive Fund on behalf of United Forward Inc. & U F Fluid Systems, Inc. (same company) by July 26,2002. EXPLANATION: Palm Beach County Housing and Community Development has invited local governments who are located within designated areas to submit grant applications from the business community in a effort to assist in the stimulating of economic growth and increase business opportunities. The City of Boynton Beach has solicited pre applications from the business community, which has resulted in the following application: United Forward - The request is for $50,000 County funding and $50,000 City match funding for a total project cost of $4,082.591 and the creation of 10 additional jobs. PROGRAM IMPACT: See attached executive summary. FISCAL IMPACT: In the event Palm Beach County awards this application, the City's obligation would be to commit 50% of what the county funds to each grantee. The minimum allocation would be $50,000 for any applicant, with the city's match requirement being $50,000. There are currently no funds appropriated for the local match as required for this program. ALTERNATIVES: No,to,submit a grant application. Depat~lent Head's $ignatbre City Manager's Signature Department of Development Division of Community Redevelopment Department Name City Attorney ! Finance / Human Resources DRAFT United Forward Tnc.& UF Fluid Systems, !nc. Request for CDBG Economic Development Program Assistance Tuesday, July 2, 2002 [n addiUon to the Palm Beach County Office of Economic Development's Deve/opment Rog~ohs Program, Palm Beach County also offers funding for economic development projects under the Community Development Block Grant Program. The Department of Housing and Community Development (HCD), which administers the County's CDBG Program, will make available up to $7:t4~800 for the funding of economic development activities in FY 2002-03. This sum represents 10% of the County's FY 2002-03 total CDBG entitlement. The purpose of this set-aside is to provide grant funding to eligible applicants to create or retain jobs for Iow- and moderate-income persons. Applications are due to the county by 3uly 26th for requests of $50,000 or more. Entitlement communities such as the City of Boynton Beach (greater than 50,000 in population and receive their money directly) are required to provide a dollar- for-dollar match, or a minimum of $50,000 match for their projects. These entitlement community projects must also meet other criteria, with respect to employment and procurement-a certain percentage of new jobs must go to Iow and moderate income persons who live in the unincorporated parts of the county and the Company must follow county procurement procedures (unless they can provide justification for a single-source contract, meaning there are no other suppliers of a particular project). United Forward, ThC. (~UF") & UF Fluid Systems !nc. (~UF Systems"), are Rorida-based C: Corporations located in Boca Raton and Boynton Beach respectively. United Forward, [nc. is the parent corporation, active in international sales of (automotive, oil & gas, metals and natural resource) products and consulting services (export/import, manufacturing, engineering, hydraulics, new product development, project management, financing and transportation)' UF was founded in 1996 by Pavel Rodnevsld and has grown steadily in terms of sales and services to Eastern Europe and Russia. [n 2001, UF with their subsidiary organization, UF Ruid Systems [nc. initiated an expansion into manufacturing automotive fuel hose~ in the United State~. This project is further defined in the 5 phases described below: · Phase !indudes acquiring the 26,235 square foot building located at '1020 Thor Drive in Boynton Beach, immediately west of !-95. · Phase Ti involves obtaining final bids for purchase of the first extrusion line (manufacturing equipment) from Davis Standard · Phase [Ti Involves making necessary improvements to the building to make it more functional and effldent for their business and manufacturing activities. · Phase W includes purchasing neo~__~ry equipment to run the two types of rubber pipe manufacturing assembly lines (1"~ Extrusion Uno from Davis Standard). SUBJECT OF DEVELOPIVlENT REG!ONS GRANT APPLtCATZON. · Phase V, the subject of this. CDBG requests, includes purchasing and. installing the 2"~ Extrusion Uno necessary for manufacturing purposes. UF expects to add two additional phases at a later time. · Phase V[ Activities to indude the purchase and installation of a third extrusion line and active production of product on this line in 6/03. · Phase VE Activities indude full production on site As previously stated UF/UF Systems are being considered for a 2002 Development Regions grant (request amount $50,000 PBC and $25,000 City of. Boynton Beach) for Phase [V of their project and this CDBG request is for Phase V. UF has pledged to create 10 new full-time equivalent jobs under the Development Regions Program and will pledge to create 10 additional new full-time equivalent jobs under the CDBG grant (This exceeds the Department of Housing and Community Development's requirement of one job for every $15,000 of County money received = 3.3 FTE jobs). Please note the CDBG grant program requires that 51% of these new jobs go to Iow-and- moderate income persons and that more than 30 percent of the jobs created/retained must be occupied by residents of the unincorporated county or one of the participating municipalities in the Urban County Program. All positions must be advertised with the Workforce Development Board. Under the CDBG Economic Development Program Guidelines, Palm Beach County will take a security interest in the equipment purchased (with County dollars) and will monitor the project for up to 8 years (depending on the useful life of the equipment). UF & UF Systems would like to apply to Palm Beach County for a $50,000 grant from CDBG Economic Development Program for assistance in purchasing necessary manufacturing equipment. This would require a $50,000 matching grant from the City of Boynton Beach. The attached Seurces and Uses Statement describes the respective phases of the project and the associated (expected) costs for each. C~ualified estimates for the first four phases of the project were provided in the Hay lO~ 2002 ~lnitedFomarff~ and UF Fluid ~ystem~ Inc, Development Re~ions Program Application received by the City of Boynton Beach's Community Development Office. C~ualified estimates for the Phase V (CDBG application) will be finalized prior to the submission of the full application to the City of Boynton Beach on or before 3uly 15, _7.002. Action Requested: 1. A motion to approve the submission of the City of Boynton Beach/United Forward, [nc. & UF Ruid Systems, [nc. application to the Palm Beach County Department of Housing & Community Development/Palm Beach County Board of County Commissioners. 2. A Motion to provide the required match of $50,000 if the project is approved by the Palm Beach County Board of County Commissioners. RESOLUTION R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, FOR THE USE AND BENEFIT OF ITS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND UNITED FORWARD, INC., AND UF FLUID SYSTEMS, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with United States Department of. Housing and urban Development for a grant for the and implementation of a Community Development Block Grant Program certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and ~ Development Act of 1974, (as amended); and WHEREAS, the City of Boynton Beach, in accordance with the Annual Plan, and United Forward, Inc.,, & JIF Fluid Systems, Inc desire to the activities specified in Part II of this Agreement; and; WItEREAS, the City of Boynton Beach desires to engage United Forward, & UF Fluid Systems, Inc., to implement such undertakings of the Community Grant Program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorize and direct the City Manager to execute an Agreement the City of Boynton Beach, Florida and United Forward, Inc., and UF Fluid vstems, Inc., a copy of said Agreement being attached hereto as Exhibit "A". - United Forward Agr 1.12503.d0cl Section 2. This Resolution will become effective immediately upon >assage. PASSED AND ADOPTED this __ day of December, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) :X~2A~RESO\CDBG - United Forward Agr 112503.doc2 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND UNITED FORWARD~ INC. & UF FLUID SYSTEMS~ INC. THIS AGREEMENT, entered into this __ day of ,20 , by and between THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program, and United Forward, Inc. & UF Fluid Systems, Inc.,, a corporation duly organized and authorized to do business in the State of Florida, having its principal office at 301 Yamato Road, Suite 2121, Boca Raton, Florida 33431, and its Federal Tax Identification Number as 65-O711988, hereinafter referred to as the "Company". WHEREAS, the City of Boynton Beach has entered into an Agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the City of Boynton Beach, in accordance with the Annual Consolidated Plan, and United Forward, Inc. & UF Fluid Systems, Inc. desire to provide the activities specified in Part II of this Agreement; and WHEREAS, the City of Boynton Beach desires to engage United Forward, Inc. & UF Fluid Systems, Inc. to implement such undertakings of the Community Development Block Grant Program. NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE 1. DEFINITIONS 1) "City" means City of Boynton Beach. 2) "CDBG" means the Community Development Block Grant Program of the City of Boynton Beach. 3) "CID" means City of Boynton Beach Community Improvement Division. 4) "Company" means United Forward, Inc. & UF Fluid Systems, Inc. 5) "CID Approval" means the written approval of the Director of Development or his designee. 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. 7) "Low and moderate income persons" means the definition set by U.S. HUD. 8) "Held by or made available to" means the definition set by US HUD. 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Company will implement the Scope of Services set forth in Part II of this Agreement. At least 51 percent (51%) of the jobs created/retained through this Agreement must be held by, or made available to, Iow- and moderate-income persons. PART II SCOPE OF SERVICES The Company 'shall, in a satisfactory and proper manner as determined by CID, perform the tasks outlined in Exhibit "A" and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD, AND CONDITIONS OF PAYMENT 1. MAXIMUM COMPENSATION The Company agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and CID approved expenditures and encumbrances made by the Company under this Agreement. Said services shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $50,000 for the period of December 02, 2003, through and including November 30, 2004. Any funds not obligated by the expiration date of this Agreement automatically revert to the City. Further budget changes within the designated Agreement amount can be approved in writing by the Director of Development at his discretion up to ten percent (10%) on a cumulative basis of the Agreement amount during the Agreement period. Such requests for changes must be made in writing by the Agency to the CID. Budget changes in excess of ten percent (10%) must be approved by the Commission of the City Of Boynton Beach. 2. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project under grant number B-01-MC- 12-0043. The effective date shall be the date of execution of this Agreement, and the services of the Company shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Company by November 30, 2004. 3. METHOD OF PAYMENT The City agrees to make payments and to reimburse the Agency for all budgeted costs permitted by Federal, State, and City guidelines. In no event shall the City provide advance funding to the Company or any subcontractor hereunder. Requests by the Company for payments or reimbursements shall be accompan00ied by proper documentation of expenditures and should, to the maximum extent possible, be submitted to CID for approval no later than thirty (30) days after the date of payment by the Company. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Company and CID. Proof of payment and originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Company must adequately justify their absence, in writing, and furnish copies. Invoices will not be honored if received by the City of Boynton Beach Finance Department later than forty-five (45) days after the expiration date of this Agreement, nor will any invoices be honored that predate the effective date of this Agreement. 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Company shall implement this Agreement in accordance with applicable Federal, State, and City laws, ordinances and codes, and amendments and additions thereto as may from time to time be made. The Federal, State, and City laws, ordinances and codes are minimal regulations which may be supplemented by more restrictive guidelines set forth by CID. No reimbursements will be made without evidence of the appropriate insurance required by this Agreement on file with CID. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID. Should a project receive additional funding after the commencement of this Agreement, the Company shall notify CID in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the CID within forty-five (45) days of said notification. (2) FINANCIAL ACCOUNTABILITY The City may have a financial systems analysis and/or an audit of the Company or any of its subcontractors performed by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine if the project is being managed in accordance with Federal, State, and City requirements. (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Company to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. This includes ensuring that all consultant Agreements and fee schedules meet the minimum standards as established by the City of Boynton Beach Purchasing Department and U.S. HUD. Agreements for architecture, engineering, survey, and planning shall be negotiated fixed fee Agreements. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Agreement." Reimbursables will be at cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without prior written approval of the CID. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written Agreement and in conformity with the procedures prescribed by-the City of Boynton Beach Purchasing Ordinance, as well as 48 CFR Part 31 and 24 CFR Part 84.40-48, which are incorporated herein by reference. (5) REPORTS, AUDITS, AND EVALUATIONS Payment will be contingent on the receipt of complete and accurate reports required by this Agreement, and in the resolution of monitoring or audit findings identified pursuant to this Agreement. (6) ADDITIONAL CITY AND U.S. HUD REQUIREMENTS The State or Federal funds being provided hereunder cannot be used as a match for other State or Federal grants to the grantee and the grantee cannot submit requests for the same expenses to more than one funding source or under more than one program. CID shall have the right under this Agreement to suspend or terminate payments until the Company complies with any additional conditions that may be imposed by the City or U.S. HUD. (7) PRIOR WRITTEN APPROVALS-SUMMARY The following includes but is not limited to activities that require the prior written approval of the CID to be eligible for reimbursement or payment: (a) All subcontracts and agreements pursuant to this Agreement; (b) Ali capital equipment expenditures of $1,000 or more; (c)AII out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d)All change orders; and (e)Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. (f)AII rates of pay and pay increases paid from funds provided hereunder, whether for merit or cost of living. PART IV GENERAL CONDITIONS 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCY The Company agrees that no person shall on the ground of race, color, national origin, religion, disability, age, familial status, or sex be excluded from the benefits of, or be subjected to discrimination under any activity carded out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest extend feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded Agreements in connection with the project. At a minimum, the Company shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968, as amended. 2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Company shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for Agreements to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the areas designated by City of Boynton Beach in the Annual Consolidated Plan approved by U.S. HUD. 3. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the jobs created/retained through this project must be held by, or made available to, Iow- and moderate-income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than 30 percent (30%) of the beneficiaries assisted directly through the use of funds under this Agreement must reside in unincorporated City of Boynton Beach or in municipalities participating in the County's Urban County Qualification Program. The Company shall provide written verification of compliance as described in Exhibit A of this Agreement to CID upon CID's request. 4. EVALUATION AND MONITORING The Company agrees that CID will carry out periodic monitoring and evaluation activities, as determined necessary by CID or the City, during the term of this Agreement and during the periods of time described in Exhibit A of this Agreement. The Company agrees to furnish upon request to CID, the City or the City's designees and make copies or transcriptions of such records and information as is determined necessary by CID or the City. The Company shall submit information and status reports required by CID, the City or U.S. HUD, at CID's request, to enable CID to evaluate said progress and to enable CID to complete reports required of CID by U.S. HUD. The Company shall allow CID or U.S. HUD to monitor the Company on site. Such site visits may be scheduled or unscheduled as determined by CID or U.S. HUD. 5. AUDITS AND INSPECTIONS At any time during normal business hours and as often as CID, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, the Company shall make available all its records with respect to all matters covered by this Agreement. 6. DATA BECOMES CITY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures purchased, developed, prepared, assembled, or completed by the Company for the purpose of this Agreement shall become the property of the City without restriction, reservation, or limitation of their use and shall be made available by the Company at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CID if requested. In any event the Company shall keep all documents and records for three (3) years after expiration of this Agreement. 7. INDEMNIFICATION The Agency shall protect, defend, reimburse, indemnify and hold the City, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during performance of the terms of this Agreement or due to the acts or omissions of the Agency. Agency's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of Agency. 8. INSURANCE REQUIREMENT Unless otherwise specified in this Agreement, the Company shall, at its sole expense, maintain in full force and effect at all times during the life of this Agreement, insurance coverage, limits, including endorsements, as described herein. The requirements contained herein as to types and limits, as well as City's review or acceptance of insurance maintained by the Company are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Company under the Agreement. (1) COMMERCIAL GENERAL LIABILITY The Company shall agree to maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by City's Risk Management Department. The Company agrees this coverage shall be provided on a primary basis. WHEN APPLICABLE: Professional Liability Insurance shall have minimum limits of $500,000 per Occurrence and $500,000 Aggregate. (2) BUSINESS AUTOMOBILE LIABILITY The Company shall agree to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event the Company does not own any automobiles, the Business Auto Liability requirement shall be amended allowing the Company to agree to maintain only Hired & Non- Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commemial General Liability, or separate Business Auto coverage form. Company agrees this coverage shall be provided on a primary basis. (3) WORKER'S COMPENSATION & EMPLOYER'S LIABILITY The Company shall agree to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute Chapter 440. The Company agrees this coverage shall be provided on a primary basis. (4) INSURANCE COVERING EQUIPMENT The Company shall agree to maintain insurance coverage against theft, loss, damage, and loss to persons or property in an amount not less than one hundred percent (100%) of the replacement cost of the equipment purchased with funds under this Agreement for a period often (10) years. The Company shall agree to be fully responsible for any deductible or self- insured retention and agree to name the City as a Loss Payee on each policy as its interest may appear in equipment purchased with funds under this Agreement. (5) ADDITIONAL INSURED The Company shall agree to endorse the City as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "City of Boynton Beach Commission, a Political Subdivision of the State of Florida, its Officers, Employees and Agents, c/o Division of Community Redevelopment". The Company shall agree the Additional Insured endorsements provide coverage on a primary basis. (6) CERTIFICATE OF INSURANCE The Company shall agree to deliver to the City a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days pdor to the execution of the Agreement. A minimum thirty (30) day endeavor to notify due to cancellation or non- renewal of coverage shall be included on the certificate(s). (7) RIGHT TO REVIEW & ADJUST The Company shall agree the City, by and through its Risk Management Department, in cooperation with CID, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the life of this Agreement. The City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of it's poor financial condition or failure to operate legally. 9. CONFLICT OF INTEREST The Company covenants that no person who presently exercises any functions or responsibilities in connection with the project has any personal financial interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Company. Any possible conflict of interest on the part. of the Company or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of Iow and moderate-income residents of the project target area. 10. CITIZEN PARTICIPATION The Company will cooperate with CID in the implementation of the Citizen Participation Plan by informing project beneficiaries and the community of the activities the Company is undertaking in carrying out the provisions of this Agreement. 11. RECOGNITION All property purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The agency will include a reference to the financial support herein provided by CID in all publicity. In addition, the agency will make a good faith effort to recognize CID's support for all activities made possible with funds made available under this Agreement. 12. AGREEMENT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits (2) 48 CFR Part 31 (3) City of Boynton Beach Purchasing Ordinance (4) City of Boynton Beach's Tangible Property Disposal Ordinance (5) Community Development Block Grant Regulations (24 CFR Part 570), as amended (6) The Company's Incorporation Certificate (7) The Company's Certificates of Insurance and Bonding The Company shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office. 13. TERMINATION In the event of termination, the Company shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Company, and the City may withhold any payment to the Company for set-off purposes until such time as the exact amount of damages due to the City from the Company is determined. A. Termination for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. The agency shall repay the full value of this grant, unless otherwise specified by CID, within a time period specified by the City. B. Termination Due To Cessation: In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. In the event the Company ceases to exist, or ceases or suspends its operation for any reason, this Agreement shall be suspended or terminated on the date the City specifies. The determination that the Company has ceased or suspended its operation shall be made solely by the City, and the Company, its successors or assigns in interest agrees to be bound by the City's determination. At the City's sole discretion, the Company shall return all funds received through this Agreement to the City within a time period specified by the City. C. Termination for Convenience of City: The City may terminate this Agreement at any time by giving at least ten (10) working days notice in writing from the City to the Company. If this Agreement is terminated by the City as provided herein, the Company will be paid for allowable services and allowable expenses under Part II of this Agreement until the effective date of termination. D. Termination for Convenience of the Company: The Company may terminate this Agreement at any time by giving at least ten (10) working days prior written notice to CID. If the Company has received funds through this Agreement, the Company shall return all funds to the City prior to the termination of this Agreement. 14. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 15. AMENDMENTS The City may, at its discretion, amend this Agreement to conform with changes in Federal, State, City, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by wdtten amendment as a part of this Agreement and shall be subject to approval of the City of Boynton Beach Commission. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. 16. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, and to the Company when delivered to its office at the address listed on Page One (1) of this Agreement. 17. INDEPENDENT AGENT AND EMPLOYEES The Company agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not City of Boynton Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 18. NO FORFEITURE The rights of the City under this Agreement shall be cumulative and failure on the part of the City to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 19. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Company certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). 20. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twelve (12) enumerated pages, which include the exhibits referenced herein, shall be executed in three (3) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 21. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior Agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of December, 2003. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY United Forward, Inc. & UF Fluid Systems, Inc., a Florida corporation By: Witness Pavel Rodnevski, President Witness EXHIBIT "A" WORK PROGRAM NARRATIVE ~ I. The Company agrees to: A. PURCHASE OF EQUIPMENT: Purchase equipment for use in the Company's manufacturing facility at 4020 Thor Drive, Boynton Beach, Florida. Said equipment may include but not be limited to extrusion line equipment. The Company shall hold title to the equipment. NOTE 1: Purchase of said equipment is subject to the City Of Boynton Beach Purchasing Ordinance. Under the Ordinance, the threshold dollar amount at or above which the formal competitive sealed bid process must be used is $25,000. The Company shall submit its bid package and specifications to CID and obtain a letter of approval prior to bidding. For purchases from $1,000 to $24,999, the Company shall submit at least three written quotes. The Company shall obtain the prior written approval of the Director of Development or designee for the award of the contract to purchase. NOTE 2: The Company will provide proof that leverage claimed by the Company has been committed. The Company further agrees that CID shall be the final arbiter on the Company's compliance with the above. B. INVENTORY AND MAINTENANCE: Within seven (7) days of the City reimbursing the Company for the purchase of the equipment, the Company shall provide CID with a list of said equipment that includes a description of the equipment; serial number or other identification number, if applicable; source of the equipment; acquisition date; purchase price; and location of the equipment. Additionally, the Company will make the equipment available annually for inspection and inventorying by the City and must also provide annually to CID a report on the condition and use of said equipment. CID reserves the right to inspect said equipment on site. The Company shall maintain said equipment, at the Company's own cost and expense, in good repair and condition. The Company shall also keep the equipment insured for the replacement cost of the equipment against theft, loss, damage, and loss to persons or property. The provisions of this clause shall survive the expiration of this Agreement. C. DISPOSITION: Disposition of the equipment is subject to prior written approval of the Director of Development or designee. If for any reason the said equipment is not maintained, used for its intended purpose, or kept in a state of good condition, the Company shall repay the full value of this grant, unless otherwise specified by CID. CID or its designee reserves the right to make the determination relating to the Company's use and maintenance of any tangible property purchased by the City Of Boynton Beach. D. JOB CREATION: Subsequent to the effective date of this Agreement and within one (1) year of the completion of the activity, the Company shall create 3.33 jobs, on a full-time equivalent basis, where at least 51% of the jobs will be held by Iow- and moderate-income persons. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. Low- and moderate-income status is based on the person's income at the time of hire and is not affected by subsequent raises or promotions. Said jobs will include, but may not be limited to, the jobs listed in Exhibit C. The Company will register said jobs with and consider applicants referred by the Palm Beach County Workforce Development Board. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. Low- and moderate-income status is based on the person's income at the time of hire and is not affected by subsequent raises or promotions. E. SECURITY AGREEMENT: To secure the grant amount, the Company hereby covenants and agrees for a period of three (3) years commencing with the completion of the activity to comply with the Job Creation requirements; and for a period of ten (10) years to comply with the equipment use/disposition requirements. If for any reason the Company fails to comply with the Job Creation or the equipment use/disposition requirements, the Company shall repay the full value of this grant, unless otherwise specified by CID. The provisions of this clause shall survive the expiration of this Agreement. F. REPORTS: The Company shall submit the reports listed below to CID. 1) Monthly updates during the term of this Agreement that describe the status of the activity funded under this Agreement. 2) Written verification of job creation, satisfactory to CID at CID's sole discretion. Verification shall include job title, salary, fringe benefits, full-time equivalency status, name and address of person hired, proof said person is Iow- and moderate-income, and dates of employment. Said written verification shall be provided to CID at the completion of the activity funded under this Agreement and annually therefrom for a period of three (3) years commencing with the completion of the activity. 3) , The Company's business tax returns for a period of three (3) years commencing with the expiration date of this Agreement. 4) The list of equipment described in Section B above. I1. The City agrees to: A. Provide up to $50,000 in funding as follows: Extrusion line equipment ................................................................................ $ 507000 TOTAL ............................................................................................................... $ 50,000 B. Provide project administration and inspection to the Company to ensure compliance with U.S. HUD, the Department of Labor, and applicable State, Federal, County and City laws and regulations. C. Monitor the Company at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its subcontractors, and will serve to ensure compliance with U.S. of HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to CID on program activities. EXHIBIT "B' LETTERHEAD STATIONERY TO: Octavia S. Sherrod, Community Improvement Manager City Of Boynton Beach - Community Improvement Division 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 FROM: Name of SUb-grantee: Address: Phone: RE: INVOICE REIMBURSEMENT (Agreement R ~ - ) Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period through You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Submission: 11 EXHIBIT "C" Job Title Full-Time Equivalency Status 1. Service Technician & Tooling Manager Full-Time 2. Extruder Operator Full-Time 3. Braiding Machine Operator Full-Time 4. Autoclave and mechanicals Full-Time 5. Marking Operator Full-Time 6. Cutting Machine Operator Full-Time 7. Quench Machine Operator Full-Time 8. Packager Full-Time 9. Warehouse Worker Full-Time 10. Sales Associate Full-Time 12 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.3 AGENDA ITEM REQUEST FOR.._ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) c~i c~ ~...~ [] Administrative [] Legal ~: c~-n NATURE OF [] Announcement [] New Business ~ AGENDA ITEM [] City Manager.'s Report [] Presentation ~ ~'.~ [] Consent Agenda [] Public Hearing -.., c~ ~ [] Code compliance/Legal Settlements [] Unf'mished Business ~ "~m RECOMMENDATION: Proposed Resolutions re: Appoint City Commission representative and alternate to the following organizations: Palm Beach County League of Cities, Metropolitan Planning Organization, Coalition of Boynton West Residents Association and Multi-Jurisdictional Issues Coordination Forum. EXPLANATION: Attached is a listing of current representation as well as a brief synopsis of each organization. PROGRAM IMPACT: FISCAL IMPACT: Department Head's Signature '~t~-l~nager's~Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS'~GENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS Organization Representative Alternate Meeting Time & Location PBC League of Cities McCray Commissioners, 4th Wed ~ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd of Dir MPO Mayor 3r~ Thurs ~ 9:00 a.m. Governmental Center COBWRA Ferguson Mayor 3ra Wed ~ 9:30 a.m. Various locations Multi Jurisdiction McCoy Ferguson As needed 1/21/03 Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal. League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative ~ Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly oif representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 2"d Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurisdictional Issues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for five years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND APPOINTING ALL CITY COMMISSION MEMBERS, _AND THE CITY MANAGER AS ALTERNATE REPRESENTATAIVES TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled representation on the Palm Beach County League of Cities; and WItEREAS, the City Commission has considered the qualifications necessary for representation and wishes to bestow upon the following named individuals such right honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Thc "WHEREAS" clauses above are hereby ratified and confirmed as tmc and correct and incorporated herein by reference. Section 2. Thc City Commission of thc City of Boynton Beach, Florida, hereby as a representative to the League of Cities and any City Commission member and City Manager as alternate representative to the Beach County League of Cities. Section 3. That this Resolution shall become effective immediately upon passage. :\CAhRESO~ppointments~Palm Beach County League of Cities.doc PASSED AND ADOPTED this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk Seal) Beach County League of Cities.doc VT.-CONSENT AGENDA TTEM C.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOetrVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16,2004 March 1, 2004 (Noon) [] Administrative [] Legal. NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager.'s Report [] Presentation ~ o~--~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Proposed Resolutions re: Appoint City Commission representative and alternate to the following organizations: Palm Beach County League of Cities, Metropolitan Planning Organization, Coalition of Boynton West Residents Association and Multi-Jurisdictional Issues Coordination Forum. EXPLANATION: Attached is a listing of current representation as well as a brief synopsis of each organization. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~,t~-~' Department Head's Signature '~'~-l~nager'sX"Siguature Department Name City Attorney / Finance / Human Resources si~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS Organization Representative Alternate Meeting Time & Location PBC League of Cities McCray Commissioners, 4tn Wed ~ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd of Dir MPO Mayor 3~d Thurs ~ 9:00 a.m. Governmental Center COBWRA Ferguson Mayor 3Td Wed ~ 9:30 a.m. Various locations Multi Jurisdiction McCoy Ferguson As needed 1/21/03 Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative T Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly oif representatives of the various subdivisions in unincorporated Boynton Beach. As a~ courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 2nd Wednesday of each month at 10:00 a.m. at Various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurisdictional Issues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for five years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION AND APPOINTING ANY CITY COMMISSION MEMBER AS ALTERNATE REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled on the Metropolitan Planning Organization; and WItEREAS, the City Commission has considered the qualifications necessary for representation and wishes to bestow upon the following named individuals such right of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Thc "WHEREAS" clauses above are hereby ratified and confirmed as >eing true and correct and incorporated herein by reference. Section 2. Thc City Commission of the City of Boynton Beach, Florida, hereby ~oints as a representative to the Metropolitan Planning and appoints any City Commission member as alternate representative to the g Organization. Section 3. That this Resolution shall become effective immediately upon passage. l:\CAX~RESO~xAppointments'uMetropolitan Planning Organization2OO3.doc PASSED AND ADOPTED this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) ;:\CA~RESO~a~ppointmentshMetropolitan Planning Organization2003.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.5. AGENDA ITEM REQUEST FC Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal '~ NATURE OF [] Announcement [] New Business ~" AGENDA ITEM [] City Manager.'s Report [] Presentation :x~ tn-q, [] Consent Agenda [] Public Hearing ."iT. [] Code compliance/Legal Settlements [] Unfinished Business ~ RECOMMENDATION: Proposed Resolutions re: Appoint City Commission representative and alternate to the following organizations: Palm Beach County League of Cities, Metropolitan Planning Organization, Coalition of Boynton West Residents Association and Multi-Jurisdictional Issues Coordination Forum. EXPLANATION: Attached is a listing of current representation as well as a brief synopsis of each organization. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~~t~ Department Head's Signature '(~,-1V~nager's~'Signature Department Name City Attorney / Finance / Human Resources S:kBULLETINV:ORMSL~GENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS Organization Representative Alternate Meeting Time & Location PBC League of Cities McCray Commissioners, 4th Wed ~ 10:30 a.m. City Manager Various locations PBC League Of Cities McKoy Brd of Dir MPO Mayor 3r~ Thurs ~ 9:00 a.m. Governmental Center COBWRA Ferguson Mayor 3r~ Wed ~ 9:30 a.m. Various locations Multi Jurisdiction McCoy Fcrguson As needed 1/21/03 Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative T Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly oif representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome o attend the meetinqs to address issues of interest or concern. The meeting is held the t2na Wednesday of~each month at 10:00 a.m. at Various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurisdictional Issues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for five years under the auspices of two intedocal agreements that were signed by all municipalities, the School Board, the Water Management Distdct and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND APPOINTING AS ALTERNATE REPRESENTATWE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled representation on the Coalition of Boynton West Residential Associations, Inc., COBWRA); and WHEREAS, the City Commission has considered the qualifications necessary for representation and wishes to bestow upon the following named individuals such right honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Thc "WHEREAS" clauses above are hereby ratified and confirmed as true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby as a representative to the Coalition of Boynton West iai Associations, Inc., (COBWRA) and appoints as alternate representative to the Coalition of West Residential Associations, Inc., (COBWRA). Section 3. That this Resolution shall become effective immediately upon passage. ;:\CAkRESO~ppointments\COBWRA Appt 03.doc PASSED AND ADOPTED this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) ;:\CA~LESO~Appointments\COBWRA Appt 03.doc VI.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEAt AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Offic? [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December ! 5, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal ~ NATURE OF [] Announcement [] New Business ~" AGENDA ITEM [] City Manager~'s Report [] Presentation :~ [] Consent Agenda [] Public Hearing ----:~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Proposed Resolutions re: Appoint City Commission representative and alternate to the following organizations: Palm Beach County League of Cities, Metropolitan Planning Organization, Coalition of Boynton West Residents Association and Multi-Jurisdictional Issues Coordination Forum EXPLANATION: Attached is a listing of current representation as well as a brief synopsis of each organization. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~~.~ Department Head's Signature '(~st~-I~nager's~ignature Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS Organization Representative Alternate Meeting Time & Location PBC League of Cities McCray Commissioners, 4th Wed ~ 10:30 a.m. City Manager Various lOcations PBC League Of Cities McKoy Brd of Dir MPO Mayor 3ra Thurs @ 9:00 a.m. Governmental Center COBWRA Fcrguson Mayor 3r" Wed ~ 9:30 a.m. Various locations Multi Jurisdiction McCoy Fcrguson As needed 1/21/03 Palm Beach County League of Cities The Palm Beach CoUnty League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The MetrOpolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative T Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly oif representatives of the vadous subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and altemate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 2nd Wednesday of each month at 10:00 a.m. at Various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurisdictional Issues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for five years under the auspices of two intedocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - RESOLUTION NO. R03 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATiVE TO THE MULTI- JURISDICTIONAL ISSUES COORDINATION FORUM AND APPOINTING AS ALTERNATE REPRESENTATiVE TO THE MULTI- JURISDICTIONAL ISSUES COORDINATION FORUM; AND PROVIDING AN EFFECTiVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled representation on the Multi-Jurisdictional Issues Coordination Forum; and WHEREAS, the City Commission has considered the qualifications necessary for representation and wishes to bestow upon the following named individuals such right honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confimaed as tree and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby as a representative to the Multi-Jurisdictional Issues Forum and appoints as alternate representative the Multi-Jurisdictional Issues Coordination Forum. Section 3. That this Resolution shall become effective immediately upon passage. ::\CALRESO'dVlulti-Jurisdictional Fomm112503.doc PASSED AND ADOPTED this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) :\CAX/~ESOhMulti-Jurisdictional Fomml 12503.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.7 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve a Resolution setting aside the Third Friday of September in each year as POW/MIA Recognition Day and authorizing the display of the POW/MIA flag. EXPLANATION: The City Commission recognizes that the men and women who have served our country in the various branches of the armed forces provide a valuable service, and this Commission desires to acknowledge and support those individuals who were or are prisoners of war, missing in action, or otherwise unaccounted for as a result of hostile action. The United States Congress has set aside the third Friday of September in each year as National POW/MIA Recognition Day and this Commission desires to also acknowledge the third Friday of September in each year as POW/MIA Recognition Day and to fly the official POW/MIA flag at all City facilities where the American Flag is flown on specific days. PROGRAM IMPACT: To show support of Americans who are or have been prisoners of war, or missing in action, or who still remain unaccounted for. FISCAL IMPACT: ALTERNATIVES: Department Head's Signature ~ignature Department Name j City ~ttomey / Fi(fi0~ace ~ Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA TO SET ASIDE THE THIRD FRIDAY OF SEPTEMBER IN EACH YEAR AS POW/MIA RECOGNITION DAY; AUTHORIZING THE DISPLAY OF THE POW/MIA FLAG AT CITY HALL; PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE WHEREAS, the City Commission for the City of Boynton Beach finds that the men women who have served in the various branches of the armed forces in the United States provide a valuable service in protecting the United States of America; and WHEREAS, throughout our country's history, men and women have served this :ountry proudly and with honor, and have sacrificed their lives in the name of liberty; and WItEREAS, the United States Congress has set aside the THIRD FIRDAY of ~tember in each year as National POW/MIA Recognition Day and has recognized the flag as the official flag to remind us that, while we enjoy the privileges of somewhere there are soldiers who have not been accounted for and may, in fact, be against their will by the enemies of Freedom; and WHEREAS, the United States Government has provided for the display of the [g In Action ("POW/MIA") Flag on specific days to serve as a symbol the Nation's concern and commitment to achieving the fullest possible accounting of who, having been prisoners of war or missing in action, still remain unaccounted and WHEREAS, the United States Government has provided for the display of the Flag on specific days to also serve as a symbol of the Nation's commitment to g the fullest possible accounting for Americans who in the future may become oners of war missing in action, or otherwise unaccounted for as a result of hostile action; WHEREAS, the City Commission for the City of Boynton Beach desires to fly the POW/MIA flag at City Hall in recognition of the commitment of the City of Boynton Beach ~.o those individuals who were or are prisoners of war, missing in action, or otherwise maccounted for as a result of hostile action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR tHE CITY OF BOYNTON BEACH AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are hereby adopted as if fully set forth herein. Section 2. The City of Boynton Beach shall set aside the third Friday of September in each year as National POW/MIA Recognition Day and the POW/MIA flag shall be flown as the official flag to represent our missing soldiers. g:\CAXRESO~Administrative~POW - MIA Flag reso.doc Section 3. That the POW/MIA flag shall be flown at all Boynton Beach facilities the American flag is flown including City Hall and Veterans Memorial Park. Section 4. That the flag should be displayed at all the above locations on: · Armed Forces Day Memorial Day Flag Day Independence Day · Veterans Day Section 5. That the United States of America POW/MIA Flag shall be displayed City Hall as provided in 36 U.S.C. Sec. 902, entitled "National League of Families Flag" to serve as the symbol of the Nation's concern and commitment to g the fullest possible accounting of Americans who, having been prisoners of war or in action, still remain unaccounted for; and, as the symbol of the Nation's to achieving the fullest possible accounting for Americans who in the future become prisoners of war, missing in action, or otherwise unaccounted for as a result of Section 6. That any resolutions in conflict with this resolution shall be of no force t. Section 7. That this resolution shall take effect upon adoption. PASSED AND ADOPTED this __. day of December, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) g:\CAhRESO\Administrative~OW - MIA Flag reso.doc VI.-CONSENT AG ENDA ITEM C.8. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must bc Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal ~ NATURE OF [] Announcement [] New Business ,,~ AGENDA ITEM [] City Manager's Report [] Presentation ~ ~o [] Consent Agenda [] Public Hearmg ~ [] Code compliance/Legal Settlements [] Unfinished Business ? -v~ RECOMMENDATION: Approve Amended Agreement with Palm Beach County Property Appraiser increasing the Administrative Fee charged pursuant to Section 197.363(1) Florida Statutes for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments. Administrative Fee will increase from $100 to $150. per year. EXPLANATION: In 2000 the City entered into an Agreement with the Property Appraiser's Office relative to non ad- valorem assessments. This agreement authorized a $100 annual administrative fee for the data submitted to the City relative to this assessment. The Property Appraiser's Office has completed an audit of their costs for data provided by their Information Technology Division and determined the need to raise the existing fee from $100. to $150 per year. PROGRAM IMPACT: Information from the Property Appraiser's Office is necessary in preparing the annual Fire Assessment Fee. FISCAL IMPACT: $50. annual increase ALTERNATIVES: None Department Head's Signature ' · - City Manager s Signature Department Name City Attorney / Finance / Human Resources S:~13ULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AMENDMENT TO THE AGREEMENT WITH PALM BEACH COUNTY PROPERTY APPRAISER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Amended Agreement with Palm Beach County Property Appraiser the Administrative Fee charge pursuant to Section 197.363(1) Florida Statutes fi.om existing fee of $100 to $150 per year, for the collection of its non-ad valorem assessments to the uniform method for levy, collection and enforcement of non-ad valorem NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize and direct execution of the Amended Agreement between the City and Palm County Property Appraiser, a copy of said Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of December, 2003. :\CA\RESO~AgreementsW~mended Agreement PBC Property Appraisers.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk d Agrecmem PBC Propcaly Appraiser reement PBC Property Appraisers.doc AMENDED AGREEMENT THIS AGREEMENT made and entered into this 23rd day of September ,2003, by and between Gary R. Nikolits, as Palm Beach County Property Appraiser (the "Appraiser"), and City of Bovnton Beach , hereinafter "Local Government", WHEREAS, Local Government has elected under Section 197.363(1), Florida Statutes, for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in Section 197.3632, Florida Statues, and Local Government's adoption of your Resolution; and WHEREAS, the Appraiser and Local Government are required to enter into an agreement pursuant to Section 197.3632(2), Florida Statutes, for the Appraiser to provide the Local Government with the information outlined in Section 197.3632(3)Co), Florida Statutes; and WHEREAS, Chapter 92-264, Laws of Florida was enacted to provide that non-ad valorem assessments be set forth in the Notice of Proposed Property Taxes for palm Beach County; ~ ' NOW, THEREFORE, in consideration of the following covenants, conditions and promises the parties agree as follows: 1. The above representations are true and correct. 2. The Appraiser is entering into this Agreement without any determination that Local Government is qualified to collect its non-ad valorem assessments by the uniform method, and to the extent.permitted by law, Local Government will indemnify and hold the Appraiser harmless from any challenge thereto, subject to the provisions of Florida Statute 768.28 relating to sovereign immunity. 3. The Appraiser will provide to Local Government the information described in Section 197.3632(3)00), Florida Statutes, in compatible .electronic medium by June 1, 2003. 4. Local Government in levying and collecting non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes, will provide to the Appraiser the assessment rate expressed in dollars and cents per unit of assessment, the associated assessment amount and the purpose of the assessment, extended against each parcel within the boundaries of Local Government in compatible electronic medium prior to ~ 5. The Appraiser will utilize the information provided by the Local Govern~ment pursuant to paragraph 4 herein in preparing the Notice of Proposed Property Taxes pursuant to Section 200.069, Florida Statutes, and, in addition to the information required in the Notice required by Section 200.069, Florida Statutes, the Appraiser shall include the non-ad valorem assessment levied pursuant to Section 197.3632, Florida Statutes, as separate, itemized entries. 6. Additionally, the Appraiser agrees to make available to Local Government an additional list of the information described in Section 197.3632(3)(b), Florida Statutes, shortly before the September 15, 2003 certification date for Local Government to reflect the changes to the assessment roll between said date and June 1 2003. .7. In return for tho providing of the information as outlined in Paragraphs 3 and 6, Local Government agrees to reimburse the Appraiser, in accordance with Section 197.3632(2), Florida Statutes, for the necessary administrative costs, as described in exhibit 'A', incurred in providing the information. 8. The parties recognize the Appraiser processes changes to the assessment roll through a procedure known as Errors and Insolvencies (E & Is). The Appraiser agrees to provide a copy of each E & I processed to Local Government. The parties recognize Local Government has a process to make changes on its assessment roll. Local Government agrees to provide the Appraiser with information in written form, of any changes it makes. 9. This agreement shall automatically be extended hereafter, from year to year, unless and until terminated by either of the parties. This Agreement may be terminated at any time by the Local Government upon written notice to the Appraiser and payment for all services provided under this Agreement through the date of termination. This Agreement may be terminated at any time by the Appraiser upon written notice to the Local Government; however, notice given by the Appraiser after January 1 and prior to October 1, shall be effective only following completion of certification of that year's non-ad valorem tax roll. Upon cancellation of the Agreement by the Appraiser, the Local Government shall reimburse ail outstanding bills to the Appraiser within a reasonable time. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Agreement on the date first written above. Local Government By Gary R. Nikolits, as Palm Beach - ' County Property Appraiser Attest: wp~New_.~reement for Adm_Fee_lncr.wpd Rev. 09/24/03 Exhibit 'A' Non Ad Valorem - Cost Summary The following is a summary of costs which this office will assess to each distdct that utilizes the uniform method of collection..All costs will be assessed on an annual basis at the end of each Tax Roll cycle. These costs are subject to change, and if a change is to be made the Non Ad Valorem districts will be notified of that change at the beginning of the Tax Roll cycle. (A) New unit development: This cost covers mapping function and data entry. It occurs when the new district is created and any subsequent annexations or modifications. Cost per parcel within the new unit = $.75/parcel (B) Administrative services: This fee covers administrative costs and services, it is assessed to each distdct annually until the cancellation of the Agreement. Administrative services = $150.001district per year F.~vp~New_Agreement for Adm_Fee_lncr.wpcl Rev. 09/24/03 CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: Diane Reese, Finance Director FROM: David N. Tolces, City Attomey DATE: November 3, 2003 RE: Property Appraiser Administrative Fee Increase Pursuant to your request, we have reviewed the Amended Agreement between the City and Palm Beach County Property Appraiser for legal sufficiency. Please place on the agenda for Commission approval. Should you have any questions, please contact our office. DNT/mr Attachment Ca/mir/memos to staff/Diane Reese-Property Appraiser Constantine Dino Maniotis, CFE Gary R. Nikolits, CFA Tax Roll Coordinator 301 North Olive Avenue, 5"' Floor Palm Beach County West Palm Beach, Florida 33401 Property Appraiser (561)355-2681 Fax: (561)355-3963 Email: dmanioti@co.palm-beach.fl.us September 23, 2003 Ref: Administrative Fee Increase Ms. Diane Reese, Finance Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Diane: In the past you have contracted with the Property Appraiser to provide you with information outlined in Section 197.3632(3)(b), Florida Statutes. Pursuant to that agreement you were charged an administrative service fee of$100.00 per year. Our office has recently completed an audit of our costs provided by the information technology services. As a result, our findings and personnel have indicated our need to raise the existing fee from $100.00 per year to $150.00 per year which has not been increased since 1991. Enclosed please find two copies of the amended agreement which reflects this new administrative service cost. Please execute both copies and return it to our office, one set with Mr. Nikolits' signature will be returned to you for your files. Please be advised that the Property Appraiser is giving timely notice that he is terminating the existing agreement with you pursuant to paragraph 5. If you have any questions or concerns about this, please do not hesitate to contact me. Sincerely, ,/7 / ' FE Tax Roll Coordinator VI.-CONSENT AGENDA ITEM D.1. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal '~ NATURE OF [] Announcement [] New Business cr~ ;z~-.< AGENDA ITEM [] City Manager'sReport [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business 0"! ~---~ RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be APPROVED based upon the hardship represented by the curvature of the road (limiting visibility), subject to the second sign being a smaller sign than the existing site sign, the larger sign to be placed at the westernmost driveway, and that the site signage will otherwise comply with the sign regulations. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-279. EXPLANATION: PROJECT: First Southern Bank Phase II (ZNCV 03-021) AGENT: Charles Danto OWNER: Hews Woolbright LLC LOCATION: 1800 W. Woolbright Road (aka 1710 W. Woolbright Road) DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21. Signs, Article IV, Section 2(B), limiting a single use to one (1) site sign to allow the erection of two (2) site signs for an office building. PROGRAM IMPACT: FISCAL IMPACT: A~'~~e~nt D~rector P1 ' g 'Zoningfl~e~tor City Attorney / Finance / Human Resources S:~BULLETIN~O~S~GE~A ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNt'NG AND ZONt'NG DIViSiON MEMORANDUM NO. PZ 03-279 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael W. Rumpf ~ Planning and Zoning Director FROM: Maxime Ducoste-A. ~. Planner DATE: November 19, 2003 PRO.1ECT NAME/NO: First Southern Bank Phase !!/ZNCV 03-021 REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21. Signs, Article ZV, Section 2(B), limiting a single use to one (1) site sign to allow the erection of two (2) site signs for a commercial office building. PRO3ECT DESCR]:PT/ON Property Owner: Hews Woolbright LLC Applicant/Agent: Charles Danto - Danto Builders, Inc. Location: 1800 West Woolbright Road Existing Land Use/Zoning: Office Commercial (OC)/C-1 Proposed Land Use/Zoning: No changes are proposed Proposed Use: Medical Offices Acreage: 2.70 Acre (117,726 square feet) Adjacent Uses: North: Woolbright Road right-of-way and far~her north is a medical office building, zoned C-1; South: Palm Beach Leisureville residential development, zoned R-ZAA; East: Office buildings, zoned (:-1; and West: Palm Beach Leisureville residential development, zoned R-1AA. Page 2 Memorandum No PZ-03-279 First Southern Bank ZNCV 03-021 BACKGROUND The site is located on the south side of West Woolbright Road, immediately west of the LWDD E-4 Canal (see Exhibit"A"- Location map). The project was approved as a new site plan in October, 1997. ];t included two (2) 2-story medical office buildings with a combined parking facility with 196 surface parking spaces. Each building will contain 18,000 square feet (see Exhibit"B'- Site Plan). The applicant, Charles Danto of Danto Builders, Tnc, agent for Hews Woolbright LLC. has filed this variance application for relief from the city's sign regulations to allow the placement of a second site sign advertising the second building of the approved project (1800 W. Woolbdght Road). A sign currently exists on the property, measuring eighteen (18) feet in height, 63.7 square feet in area and advertising the use of the properly and parUcularly the Rrst Southern Bank. This sign is located at the easternmost entrance to the site. However, as the sign is located on the subject property, it counts toward the allowed signage for the proposed use of the entire site. The subject application is to allow a second site sign, which is proposed to be located at the westernmost entrance to the site (see Exhibit "BI" - Existing / Proposed Signs and Site Plan). As proposed, the sign would be the same dimensions as the existing site sign. ANALYSZ$ The code states that the zoning code variance cannot be approved unless the board finds the following: a. That spec/a/cond/b'ons and c/rcumstances ex/st wh/ch are pecu//ar to the/and, structure, or bu/Id/hg /nvo/ved and wh/ch are not app//cab/e to other/ands, structures or bu//d/ngs /n the same zon/ng distn'ct. b. That the spec/a/conditfons and circumstances do not result from the acb'ons of the applicant. c. That grant/rig the variance requested w/// not confer on the app//cant any spec/a/priv//ege that is den/ed by th/s ord/nance to other/ands, bu//d/ngs, or structures/n the same zon/ng d/strict. d. That #tera/ /nterpretab'on of the provis/ons of th/s ord/nance would deprive the app//cant of rights commonly enjoyed by other properties/n the same zon/ng d/strict under the terms of the ord/nance and would work unnecessary and undue hardsh/p on the app//cant. e. That the variance granted/s the m/n/mum variance that w/// make poss/b/e the reasonable use of the /and, bui/d/ng, or structure. f. That the grantz'ng of the variance w/// be /n harmony w/th the genera//ntent and purpose of th/s chapter [ord/nance] and that such variance w/// not be/njurious to the area/nvo/ved or otherwise detn'menta/ to the pub/lc welfare. Staff reviewed the requested variance focusing on applicant's response to the above criteria contained in Exhibit "C" and on Chapter 21, Article [[, Section 1. Staff responses to selected items are as follows: a. That spec/a/cond/b'ons and circumstances ex/st wh/ch are pecu//ar to the/and/nvo/ved and wh/ch are not app//cable to other/ands; and b. That the spec/a/cond/b'ons and drcumstances do not result from the act/ons of the app//cant. Compared with other similar mulU-building office projects within the city (i.e. Congress Corporate Center or Page 3 Memorandum No PZ-03-279 First Southern Bank ZNCV 03-021 Woolbdght Corporate Center), the subject property is smaller in size and the subject buildings are closer to the adjacent right-of-way. Although the Woolbright Corporate Center has only one entrance, the site is much larger than the subject property which also requires decision making on the part of the patron, once within the site, to locate the proper building for the intended desitination. The subject request has been generated as a result of the applicant's intention to provide an additional freestanding sign. The existing sign is currently, neady fully occupied by tenants from the first building leaving little space for future tenants of building two. Therefore, the actions of the applicant have created the special conditions and circumstances. d. That literal interpretab'on of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning d/st#ct under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The response from staff for the preceding item indicates that the literal intepretaUon of the ordinance will maintain consistency in its applicaUon. Given that site plans are reviewed and approved iniUally for compliance with regulaUons and conformance with quality design and compaUbility objectives, granUng of the subject request could represent a special privilege not typically conferred to others. This statement is justified by the fact that relief would represent the lowering of standards to which other site plans are held. The provisions of this ordinance does not deprive the applicant of any rights enjoyed by others. Although not totally comparable, shopping centers are allowed more than one sign, but only in conjunction with additional street frontages. The subject property is relaUvely small and has one street frontage. e. That the variance granted is the m/n/mum variance that will make possible the reasonable use of the /and, building, or structure. This request does not represent the minimum variance to make reasonable use of the buildings. The existing sign and both buildings can accommodate the necessary addressing and signage to further idenUfy and distinguish them as two separate, addressed buildings. f. That the granb'ng of the variance wi1/be in harmony w/th the genera/intent and purpose of this chapter [ordinance] and that such variance w#/ not be injurious to the area involved or otherwise detrimental to the public we/fare. Staff disagrees, as approval of this request would be in contradiction with the purpose and intent of the regulaUons. As described herein, the intent of the sign regulaUons is to minimize unnecessary signs. The Land Development Regulations, Chapter 2:[, Article IV, secUon 2 (B) limits uses within commercial nonresidenUal districts (excluding shopping centers) to one (:[) double-faced freestanding sign that adverUses the use of the premises. Section 2. B reads as follows: "One (:[) double-faced freestanding sign advertising t~e use of ttYe premJse~. The max/mum area for this sign shall be one (~l) square foot of area for each//near foot of street frontage/no such sign shall exceed s/xty-four square feet in area. No sign shall be taller than twenty (20) feet." This applicaUon for the First Southern Bank development represents a request for relief from this section of the city's regulaUons in order to allow two (2) freestanding site signs. The existing site sign was approved as an :[8-foot high, 63.7 square foot monument sign (maximum allowable - one 20 foot high, 6a, square foot double faced freestanding sign). The additional proposed :[8-foot high, 63.7 square foot sign will cause the development to far exceed the maximum allowed sign area of 6~ square feet. Page 4 Memorandum No PZ-03-279 First Southern Bank ZNCV 03-021 Article II of this same chapter describes those sections of the code (or aspects of a sign) that can be varied from code through this variance process. According to Article 2, Section 1 "The board of zoning appeals may grant a variance if it finds that the unusual shape or topography of the property in quest'on prevents signage allowable under the provisions of this ordinance from adequately identif~hg the bus/ness or other activity located on such property. The board of zon/ng appeals may only grant a variance to: A. Al/ow a setback/ess than that required under this chapter: B. Al/ow the area and/or height of a sign to be increased by up to twenty-five percent of the maximum allowable height or area; or ¢. Allow the number of sign to be increase over the maximum a/lowed by this code." An applicaUon for relief from Chapter 21, "Signs" is processed similar to a request for relief from Chapter 2, "Zoning'; including a similar applicaUon and noUfication requirements. According to the applicaUon, two (2) site signs are needed to provide individual site signage for two separate buildings: signage to seperately idenUfy and advertise the use of the easternmost building (1700 W Woolbdght Rd.), and the westernmost building (1800 W. Woolbdght Rd)..]ust as driveways are seperated for safety reasons, signs are best minimized and seperated for aestheUc reasons. The proposed sign would be placed only approximately 250 feet from the existing sign. Staff summarizes its review by the following points: 1) Staff disagrees with the necessity for an additional freestanding sign based on the posiUon that the majodty of future patrons will not represent passer-by motorists but destinaUon-based motorists who were aware of the IocaUon by address of the subject use upon iniUating their flip; 2) The subject request will make the development exceed the allowable sign area required by 63.,{ square feet; 3) The project includes large buildings with strong articulated fa~des that alone provides idenUficaUon for local traffic even after landscaping matures; ~,) The property's shape and topography does not prevent signage under the code provisions to . adequately identify the business or other activity on the property; 5) The parking faciliUes are connected between beth buildings, allowing freedom of movement between each, no matter which entrance is utilized my the motorist; and 6) Directory signs are allowed for each building within the site itself (parking lot or adjacent to the building) to guide the public accordingly. CONCLUSZONS/RECOMMENDA'I'ZQI~ Based on the aestheUc impacts of numerous site signs, and large (or high) site signs, and the desire of the city to maintain signage in scale and compaUble with corresponding and adjacent uses, unnecessary signage should be avoided. Staff recommends that this vadance request to allow two (2) site signs for the subject project be denied. No condiUons of approval are recommended, however, any condiUons recommended by the Board, or required by the City Commission, shall be included in Exhibit "D" - CondiUons of Approval. Page 5 Memorandum No PZ-03-279 First Southern Bank ZNCV 03-021 However, if the City Commission chooses to support additional signage for this project, to minimize visual impacts, the following should be considered: 1) AIIthough not supported by a hardship, staff would prefer that the existing site sign be modified to increase the sign copy space, below the existing sign copy space, if designed to maintain its appearance; 2) If the additional site sign is allowed as proposed, a variance application must be processed to allow square footage in excess of the maximum sign area allowed; 3) ff an additional site sign is allowed through variance approval, the second entrance sign should be designed compatible with the existing sign features (e.g. material, configuration, etc.), and not exceed 12 feet in height; and It should be noted that Staff is recommending amendments to the sign ordinance to limit the maximum height of freestanding signs on properties such as the subject site to 12 feet. The site sign being proposed in this application is inconsistent with the proposed changes. MR/mda S:\P~annlng~SHARED\WI~PRO.I~rst Southem Bank Phase ]~ZNCV 03-..02J.~-'TAFF REP.doc I in. = 200.0 feet PCD C1 C2 r--] Location Map First Southern Bank EXHIBIT "A" · ~'22'42o I~ LW, OZ). CANAL E-4 911 I II III I I IIII1[1111I I I EXHIBIT "BI" i pROD SIGN DOUBLE FACE ILLUMINATE ~ i MONUMENI' SIGN I : DI~IED !~. M~IK ~IEGOFIY , ,, J ~ EXHIBIT "C" ORANGE SUN BUILDING AND DEVELOPMENT, LLC CGC06 ! 607 DANTO BUll. DE:RS INC. ! 7 ! o WOOLBmGHT RD ~ON BCH. ~ 33~6 PHONE:: ~ ! 732~ F~ N ! 732~6~ E~ ~D~O~AO~COM August 4, 2003 PLmm~ng & Zoning Meeting- Boynton Beach 1. Traffic 2 ~mrances ,~ West bound traffic must make a U-Turn on 18~ Street (no medium cut) B. East bound traffic will pa~ west entrance, stop at East entrance before realizing they have past the correct entrance. Economic 2." Poor distinct sigmge detours ma:dm.m business to property. Remde Value 3. One and two above would result in reducing the value of both Phase I and Phase Bu~d~g Apprsised Value 4. One, two and three above would adversely effect the appraisal value of the endre site. EXHIBIT "D" Conditions of Approval Project name: First Southern Ban Phase II File number: ZNCV 03-021 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1.The additional sign shall be smaller than the existing site sign. The existing X (larger) sign shall be placed at the westernmost driveway. All signage must comply with sign regulations. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning~SHARED\WPLPROJECTSXFirst Southern Bank~lqCV 03-021 Phase II~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: First Southern Bank Phase II APPLICANT'S AGENT: Charles Danto APPLICANT'S ADDRESS: 1710 W. Woolbright Road Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21. Signs, Article IV, Section 2(B), limiting a single use to one (1) site sign to allow the erection of two (2) site signs for a commercial office building. LOCATION OF PROPERTY: 1800 W. Woolbright 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, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\WP~PROJECTS\First Southem Bank\ZNCV 03-021Phase II,DO.doc VZ.-CONSENT AGENDA TTEM D.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOl c l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to CiB, Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) 0~n 2'< [] January6,2004 December l5, 2003 (Noon) [] March2,2004 February l6, 2004 ) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noonl~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business crt AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6-1 vote, recommended that the subject request be APPROVED, based on the hardship represented by the unique shape of the subject lot. For further details pertaining to the request, see attached Deparlment of Development Memorandum No. PZ 03-277. EXPLANATION: PROJECT: Boynton Beach Faith Based Community Development Corporation North Palm Way (ZNCV 03-022) AGENT: Daivd Zimet, Boynton Beach Community Development Corporation OWNER: Boynton Beach Faith Based Community Development Corporation LOCATION: Lot 2 north Palm Way, approximately 80 feet east of Seacrest Boulevard DESCRIPTION: Request for relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Section 5.F.2.a, requiring a rear yard set back of 25 feet, to allow a variance of six (6) feet or a rear setback of 19 feet for a single-family house in a R- 1 zoning district. PROGRAM IMPACT: FISCAL IMPACT: D~/:lopment Department Director ' /' '~ity ~ - s Signature Planning ~nd Zonil~ ~ector City Attome / Human Resources S:XPIanningXSHARED\WPLPROJECTSXBoynton Beach Community Devel Corp~genda Item Request North Palm Way BB Faith Based Com. Dev ZNCV 03-022 12-2-03.dot S:~BULLETIN',FORMS',AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM #PZ03-277 Staff Report Planning and Development Board and City Commission Meeting Date: November 25, 2003 File No: ZNCV 03-022 - Rear setback Location: Lot 2, Rolling Green Ridge Subdivision, Seacrest Addition Owner: Boynton Beach Faith Based Community Development Corporation Project: Building a single-family home on a parcel zoned R-1. Variance Request: Relief from Chapter 2, Zoning Section 5.F.2.a, to allow a single-family home to be constructed with a rear set back of 19 feet, a variance of six (6) feet from the 25 foot setback required for a single-family house in a R-1 zoning district. BACKGROUND The subject property and surrounding neighborhood is currently zoned R-l, single-family residential district (see Exhibit "A" - Location map). The Rolling Green Ridge subdivision was platted in 1957 with typical lot frontages between 55 feet to 60 feet and approximately 6,300 square feet in size (see Exhibit "B" - Rolling Green Ridge Subdivision, Seacrest Addition). Within that subdivision several lots were configured with rear property lines that resemble a "V" shape. David Zimet of the Boynton Beach Faith Based Community Development Corporation (CDC) is requesting the above-referenced variance. As part of their affordable homes program, the CDC is proposing to construct a single-family home on an original platted parcel (see Exhibit "C" - Survey/Site plan). The total site contains 5,200 square feet and is sixty- (60) feet wide. It is a non-conforming lot because it does not meet the minimum lot area required in the R-1 zoning district. The parcels on both sides of the subject property are developed. Lastly, it should also be noted that code provisions exist for non-conforming lots, which reduce the setbacks as a percentage of lot depth and lot width. Based on these provisions of Section 11.1 (C)(7), the subject lot is eligible for a reduced rear setback totaling approximately 21 feet. The requirements to build a single-family dwelling unit within the R-1 zoning district, compared to the subject lot are as follow: -Required lot frontage: 60 feet -proposed lot frontage: 60 feet -Required lot area: 6,000 square feet -proposed lot area: 5,200 square feet -Required building rear setback: 25 feet -proposed building rear setback: 19 feet (Except as noted above) The construction of a single-family home with the above referenced characteristics requires the vadance as descdbed herein. Page 2 Boynton Beach CDC variance File No. ZNCV 03-022 Staff surveyed the area and it was observed that the majority of dwelling units in the neighborhood are detached single-family homes, built on standard lots prior to modem regulations. City records show that a total of two (2) properties within the Rolling Green Ridge Subdivision Seacrest Addition have been the subjects of variance approvals since 1975. One of these approvals was for rear yard setback for a lot with different characteristics than the subject parcel. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land,' structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit 'D". Within this subdivision the vast majority of the lots are rectangular-shaped with exception of four (4) lots. These lots are shaped differently, where the rear of the property is shaped in a 'V" form. Staff acknowledges that the subject parcel exhibits special conditions and circumstances related to lot configuration, which are not the result of actions by the applicant, therefore satisfying criteria "a" and "b" above. Nevertheless, these special conditions and circumstances do not prevent the development potential of the subject lot since the other three (3) similarly-shaped parcels have been developed for single-family homes meeting all the setback requirements. Staff acknowledges that the approval of the variance may confer special privileges to the applicant since single-family homes have been developed, even on lots with the same characteristics, without variances. Therefore, denial of this variance request would not deprive the applicant of the rights already enjoyed by others. Consequently, staff feels that criteria "c"and "d"are not satisfied. With respect to criterion "e', which regards the magnitude of the variance relative to reasonable use of the property, a unit design (approximately 1,325 square feet) has been selected which would meet the front yard setback and side yard setbacks, but would encroach into the rear setback (see Exhibit uC" - Survey/Site plan). Staff acknowledges that this request does not represent the minimum variance to make reasonable use of the land and the structure. The applicant can meet the rear yard setback by reducing the building footprint. This action would also reduce the building area to approximately 1,100 square feet, which is still more than the minimum living area required. Page 3 Boynton Beach CDC variance File No. ZNCV 03-022 CONCLUSIONS/RECOMMENDATION Staff recognizes that the applicant wants to offer greater living space within the proposed home as opposed to the existing single-family houses in the neighborhood; however, staff believes that a house meeting all setback regulations and minimum square footage requirements can be constructed within the current building envelope, even thoUgh smaller than the design proposed by the CDC, per the R-1 zoning district regulations. Therefore, staff recommends that this request by Boynton Beach Community Development Corporation for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a., requiring a twenty-five (25) foot rear yard setback to allow a 6-foot variance and a 19-foot rear yard setback for the purpose of constructing a single-family residence, be denied. However, if the Board and/or City Commission choose to approve this request based on the special merits of this request and not on traditional hardship, staff concludes the following: 1. The construction of the single-family residence will not impact negatively on adjacent property values; and 2. The requested variances will support local affordable housing goals and initiatives, and will increase the values of the community while decreasing blighted conditions in the neighborhood; 3. Rear setbacks regulations are being evaluated as part of the Land Development Regulations rewrite, and preliminarily, the subject circumstance would be one that staff desires to have accommodated by future amendments. 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 "E". MPJmda S:~=Iannlng~SHARED~WP~ROJECTS~IOn Beach Community Development Color,STAFF REP.doc I in. = 100.0 feet _._ Location Map Boynton Boach CDC EXHIBII "^" · " EXHIBIT "D" REQUEST FOR VARIAN/C FROM CHAPTER 2, ZONING, SECTION 5. E.2.a North Palm Way 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. The property is an empty lot on which the Boynton Beach Faith Based CDC wishes to build a home for a client. The house will be an owner-occupied residence, not a rental. A. Special conditions or circumstances The lot is oddly configured. The rear property line is %/" shaped and thus a house cannot meet the 25 foot setback zoning requirement for both front and rear. The setback requirement can be met for the front, but not the rear. B. Origin of special circumstances The Boynton Beach Faith Based CDC has done nothing to create the special conditions that require the variance. C. Special privileges The CDC is not receiving any particular benefit over other individuals or developers; the CDC only requests that it be permitted to construct a modest single family home (under 1,500 sq. ff.) consistent with the homes in this community on the east side of Seacrest Blvd. (a condominium is on the west side) and with the zoning designation. D. Commonly enjoyed property dghts In the immediate neighborhood, property to the east of Seacrest Blvd. is zoned R-1 (49 other properties), that to the west is zoned R-3 (over 500 residents). According to the R-1 lot owners must have specific setbacks. Because of the odd configuration of the lot, a house cannot be built with the required rear setback and still conform to the use intended by the City of Boynton Beach when it conveyed the property to the CDC. The lot in question is located on BloCk 13. Lots 10 and 11 of that same Block (13) were awarded variances for rear setbacks. E. Minimum variance/reasonable use Because of the shape of the property, some of the rear setback is already in (~compliance with~o,.,n'_l~g requirements, but some is not. A variance of approximately fe~F,J,.4') feet is sought for those parts of the house that are not in compliance with zoning requirements. The CDC seeks to build a modest house, .''" EXHIBIT"D" less than 1,500 square feet, on the lot. The lot will thus pass from being a vacant property to an owner-occupied residence. F. Harmony with general intent and purpose of the chapter The construction of the home by the CDC (the CDC already has client who wishes to locate on the site) will improve the neighborhood by ddding it of a vacant lot that conforms with the houses already in the neighborhood. By adding to the tax rolls, the home will serve to increase public welfare. EXHIBIT "E" Conditions of Approval Project name: North Palm Way File number: ZNCV 03-022 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning~SHARED\WPLPROJECTS~Boynto Beach Community Development Corporation\COA.doc S:\Planning~F'lanning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: North Palm Way APPLICANT'S AGENT: David Zimet- Boynton Beach Faith Based Community Development Corp. APPLICANT'S ADDRESS: 2191 N. Seacrest BIvd Boynton Beach, FL 33433 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 5.F.2.a, to allow a single-family home to be constructed with a rear set back of 19 feet, a variance of six (6) feet from the 25 foot setback required for a single-family house in a R-1 zoning district. LOCATION OF PROPERTY: North Palm Way; East of Seacrest, South of Hypoluxo DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby .. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning~SHARED\WP~PROJECTS\Cornmunity Development Corporatio~\DO.doc VZ.-CONSENT AGENDA I'TEM D.3. CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FOleav~ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] Febma~ 17, 2004 February2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) '~l_l January 20, 2004 ~an.~ ~, 2004 (Noon) [] Mar~h l~, 2004 ~ar~h l, 2004 (Noo,0~ [] Administrative [] Legal o'~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Developmem Board with a 5-0 vote (2 recusals), recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-263. EXPLANATION: PROJECT: Renaissance Commons Phase II (NWSP 03-016) AGENT: James Comparato and Carl Klepper, Jr. OWNER: Compson Associates ofBoynton LLC LOCATION: Southeast comer of Congress Avenue, and Gateway Boulevard DESCRIPTION: Request for new site plan approval for a 4,200 square foot commercial building on 28.368-acres in a C-3 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ~l~-~n~ng and 7__~ Director City Attorney / Finance / Human Resources S:kPlanning~HARED\WP\PROJECTS'~,.enaissance Commons'~NSP 03-016 Phase IBAgenda Item Request Renaissance Commons Phase Il NWSP 03- 016 12-2-03.dot S:\BULLETINWORMSK~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN~'NG AND ZONt'NG DI'V/StON MEMORANDUM NO. PZ 03-263 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee 3ohnson, A1~CP Planner DATE: November 12, 2003 PROJECT NAME/NO: Renaissance Commons (Phase Two) / NWSP 03-0:16 REQUEST: New Site Plan PRO3ECT DE$CRZP'r~ON Property Owner: Compson Associates of Boynton, LLC Applicant: Compson Associates of Boynton, LLC Agent: Mr. James Comparato and Mr. Carl Klepper Location: East side of Congress Avenue, south of Gateway Boulevard (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use:' 4,200 square foot commercial / retail building Acreage: 0.5360 acre (23,348 square feet) - a component of the entire site of 28.36 acres or :1,235,717 square feet Adjacent Uses: North: Developed Motorola site zoned Planned Tndustrial Development (P[D); South: Right-of-way for Boynton (C-16) Canal, then farther south is vacant property, zoned Single-family ResidenUal (R-1AA); East: Right-of-way for Lake Worth Drainage District (LWDD) Equalizing E-4 Canal, then farther east is the Boynton Beach Community High School, zoned PID; and Staff Report- Renaissance Commons Phase II (NWSP 03-016) Memorandum No PZ 03-263 Page 2 West: Right-of-way for Congress Avenue, then father west are developed commercial properties, zoned Community Commercial (C-3). BACKGROUND Proposal: On .]uly 15, 2003, Compson Associates of Boynton, LLC, owner of the 28.36-acre parcel was approved for a large-scale mixed-use project known as Renaissance Commons (NWSP 03-007). The project consisted of a 10,662 square foot commercial building combined with eight (8) townhouse units, a 4,338 square foot stand-alone commerdal building, 250 mulU-family (apartment) units with their two (2) parking garages, and 242 fee-simple townhouse units. All components of the project were approved for Phase One except for the 4,338 square foot stand-alone commercial building. The stand-alone commercial building was noted as being a part of Phase Two. Accordingly, when the Renaissance Commons (NWSP 03-007) project was reviewed, no floor plans or elevaUons were included for the Phase Two building. As a condiUon of approval, staff required full site plan review for just the Phase Two building. Therefore, this submittal represents the informaUon that was required for the Phase Two building, conceptually approved in July of 2003. However, at this Ume, the applicant is proposing a 4,200 square foot commercial building instead of a 4,338 square foot building. This new building would be 138 square feet smaller than what was originally approved. However, the 138 square foot difference would be returned to the project during Phase Three (see accompanying staff report for Renaissance Commons Phase !!! - NWSP 03-017). Site Characteristic: The Phase Two portion of the subject site is a small component (0.53 acre) of the entire 28.36-acre rectangular-shaped parcel. The entire parcel, known as Renaissance Commons, is located on the east side of Congress Avenue and north of the C-16 Canal, extending eastward to the LWDD E-4 Canal. The applicant has · no intenUon of subdividing this 0.53-acre "leased lot" from the greater parcel. Therefore, no cross-parking or cross-access easements would be required and there would be no setback issues as well. All uses proposed in the Renaissance Commons project are permitted in the C-3 zoning district. The proposed commercial areas (of Phase One and Two) would be divided into two (2) separate buildings. As mentioned in the original Renaissance Commons staff report (NWSP 03-007), Phase One consisted of the vast majority of the commercial and residential development, while this phase (Phase Two), renr~;~n~: nnly fha r~td~uu nf fh~ ~'anrl-nlnnn cnmmarr-i:al h~ ,ilrlin~ nrnnr~``d in Hq,- northwest corner of the site. A lift staUon located off the property (on the Motorola site to the north - Phase Three) may require upgrades as a result of this project~ The required upgrade of the off-site lift staUon would be determined at the Ume of permitting. This boundary survey of the 28.36-acre parcel showed an existing metal fence running in a north-south direction along the western property line (near Congress Avenue). :It connects to the same fence used on the Motorola site (Phase Three). This boundary survey also showed two (2) existing asphalt paths within the intedor of the site and various easements that were dedicated on the 28.36-acre site. [f required, the abandonment and / or re-dedicaUon of easements Staff Report- Renaissance Commons Phase II (NWSP 03-016) Memorandum No PZ 03-263 Page 3 must be recorded prior to the issuance of the first certificate of occupancy. ANALYSZ$ Concurrency: Traffic: Generally, a project's anticipated traffic is generated by b~o factors, namely the proposed use and its intensity. Typically, the intensity is measured by the proposed building area (in square feet). When the original Renaissance Commons (NWSP 03-007) project was reviewed, a traffic statement was sent to Palm Beach County Traffic Division for their review and approval. At that time, the Traffic Division determined that the project was part of the previously approved Motorola Development of Regional Impact (DR/) and met the Traffic Performance Standards of Palm Beach County. Also, at the time of its review, the City's Engineering Division of Public Works required various off-site improvements as a result of this project. No new conditions are required as a result of the development of Phase Two. However, since .~uly of 2003, the developer has assembled the Motorola property to the north (see accompanying staff report for Phase Three - NWSP 03- 017). This property to the north is earmarked for the third phase of the Renaissance Commons project. A revised traffic impact analysis was sent to the Traffic Division for their review and approval. The new analysis, which includes all three phases of the Renaissance Commons project consists of 300 apartment units, 200 townhouse units (for a total of 500 dwelling units), and ,~3,820 square feet of retail space. As proposed, the retail area would be divided into five (5) separate buildings. No building permits will be issued until the Traffic Division determines that the entire project meets the Traffic Performance Standards ('FPS) of Palm Beach County. Drainage: Conceptual drainage informaUon was provided for the City's review. According to the original Renaissance Commons (NWSP 03-007) staff report, the project would discharge into the LWDD E-~t Canal, which would be limited by a control structure to 62.6 CSM at the 25-year storm event. AddiUonal on-site retention would be provided within a new lake constructed off the northeast comer of the property adjacent to the LWDD EH Canal. A berm would be placed around the perimeter of the site with a top elevaUon equal to or exceeding the calculated 25-year three (3) day storm event to prevent unpermitted discharge from the site. At this Ume, the Engineering Division is recommending that the review of specific drainage soluUons for Phase Two be deferred unUI Ume of permit review. All South Florida Water Management Disb'ict permits and other drainagP, rP. lated pP-rmi~ must be submitted at Ume of building permit (see Exhibit "C" - CondiUons of Approval). School: School concurrency is not required for non-residential uses. The original Renaissance Commons, which included Phase One and Two, was approved for 500 dwelling units and met the concurrency requirements of Palm Beach County. Staff Report - Renaissance Commons Phase II (NWSP 03-016) Memorandum No PZ 03-263 Page 4 Driveways: No direct points of ingress / egress are proposed on any roadways as a result of the development of this second phase of the Renaissance Commons project. On the entire 28.36-acre parcel, Phases One and Two were approved with a total of four points of ingress / egress. Two (2) of these four (4) points were approved as driveway openings directly onto Congress Avenue. The closest point of ingress / egress onto Congress Avenue from the 0.53-acre porUon of the Renaissance Commons project would occur from a main entry driveway that runs along the subject property's north boundary line. For edificaUon purposes, "north boundary line" is not a property line but rather is only used to describe limits of the Phase Two construction. [n any event, this point of ingress / egress (from Congress Avenue) is proposed to connect to an internal driveway that would run in an east- west direction along the northern limits of the subject Phase Two property. Access to the Phase Two portion of the project would only occur internally by driving through the parking lots of Phase One. There would be no direct ingress or egress involving Congress Avenue for this small "leased" portion. Parking Facility: The Renaissance Commons project proposes a mix of residenUal and commercial uses. The .Phase Two component only deals with a 4,200 square foot retail building. Commercial uses require one (1) parking space per 200 square feet of floor area. Therefore, 21 parking spaces would be required. The project would provide 22 parking spaces, one (1) space in excess of what is required. The detail of the parking spaces (as shown on sheet SP-2) indicates that parallel parking spaces would be dimensioned nine (9) feet - six (6) inches in width by 25 feet in length. All other parking spaces would be dimensioned nine (9) feet - six (6) inches in width by 18 feet - six (6) inches in length, except for handicap spaces, which would be 12 feet in width with five (5) feet of striping by 18 feet - six (6) inches in length. At the Ume of permitting, the applicant is required to submit a rectified overall site plan indicaUng the parking required / provided for Phase One and Phase Two (see Exhibit "C" - Conditions of Approval). Landscaping: According to the tabular data of the Renaissance Commons (NWSP 03-007) site plan approved in .luly of 2003, the total pervious area equaled 7.28 acres or 25.66% of the entire 28.36-acre site. No significant changes have been made to the landscape plan or pervious area as a result of this Phase Two development. The landscape material that was approved in Phase One would remain as-is in the landscape buffers around Phase Two. The landscape plan (sheet L2 of 3) proposes a variety of trees and shrubs around the Phase Two building. This plant material includes Ugustrum, Uve Oak, and Brazilian Beauty Leaf shade trees and Coconut, Alexander.. Pygmy Date, and Chdstrnas palm trees. The shrubs ./groundcover would include the following: RedUp Cocoplum, Yellow Lxora, Podocarpus, and Viburnum. A vast majority of these spedes were approved on the Phase One landscape plan. Prior to the issuance of a building permit, the landscape plan (sheet !.3 of 3) tabular data must indicate the percentage of naUve species to ensure that at least 50% of the plant material is naUve (see Exhibit"C"- CondiUons of Approval). However, it must be noted that this naUve plant material requirement is applied to the enUre 28.36-acre parcel and not just this small porUon of the project. The applicant, could in fact, choose to install over 50% non-naUve plant material on this Phase Two portion if a minimum of 50% naUve plant material is Staff Report - Renaissance Commons Phase II (NWSP 03-016) Memorandum No PZ 03-263 Page 5 maintained throughout the entire 28.36-acre site. Building and Site: The proposed building and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. The Phase Two portion of the Renaissance Commons project was conceptually approved as a 4,338 square foot bank with a drive-through lane. However, the plans have been modified and the floor plan (sheet A-l) now shows it proposed as a one (1) story, 4,200 square foot building with three (3) retail bays. The building, including the arcades, would be 91 feet in length by 58 feet - six (6) inches in depth. The maximum building height in the C-3 zoning district is 45 feet. The elevation drawings (sheet A-2) show that the top of the roof would be 27 feet in height. The top of the decorative cupola would be 41 feet in height. Design: The entire Renaissance Commons project was designed with extensive high quality treatment of ground floor public space, discrete separation of private residential spaces (to the rear and upper levels of the project) and articulated building bases with store fronts, pilasters, cornices, and arcades proposed on the mixed-use building. Also, the roof material would be composed of Terracotta Cement S-tiles. The elevations (sheet A-2) show that this Phase Two building would be consistent and compatible with the Phase One commercial building. The consistency and compatibility in architectural enhancements indudes foam banding, similar building colors, same roof type, awnings, and similar exterior finish. To maintain consistency, these same features are also repeated on Phase Three (see accompanying staff report for Renaissance Commons Phase Three - NWSP 03- 017). All buildings in the commercial portion of all three (3) phases would be multi-colored and have a stucco exterior finish. The building colors would be light brown (ICI #553) and light yellow (ICI #667) with a grayish (ICI #769) trim. The canvas awnings would be hunter green and the buildings would be adorned with black metal railings. The outdoor freestanding lighting fixture detail (sheet SP-2) does not indicate the structure's dimensions. The Phase One detail, approved in July of 2003, illustrated that the structure would be approximately 15 feet tall and come with a variety of lighting fixtures (lamps). Staff recommends utilizing the same pole heights and lighting fixtures that were approved during Phase One (see Exhibit "C" - Conditions of Approval). Signage: The elevation of the commerdal building (sheet A-2) shows that each tenant would have the same sized wall signs, similar to the signs approved in Phase One. Once the building is built and all tenants of the commercial buildings are determined, the cumulative_ ar~.a of al! wa!! $i0na0e would have to comply with Chapter 2!, A~Jc!e IV, Section 2.C. of the Land Development Regulations (see Exhibit "C"- Conditions of Approval). The cumulative signage area would be based on the west building facade. A note on the elevations (sheet A-2) indicates that the signs would consist of reverse channel letters that are Helvetica medium gloss black font. No additional freestanding monument signs are allowed or proposed for Phase Two. Staff Report- Renaissance Commons Phase II (NWSP 03-016) Memorandum No PZ 03-263 Page 6 RECOHMENDA'I'~ON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C" - Conditions of Approvah Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS\Renaissance Commons\NWSP 03-016 Phase Lt\Staff Report.doc Location Map EXHIBIT "A" RENAISSANCE COMMONS EXHIBIT -.. ~ ~ EXHIBIT "B"' iEXHIBt'T "B" EXHIBIT "B" Renaissa nce Corn monSBoyton Beach, Florida EXHIBIT "B" I1 - ¢-i illiii¢[[Iil '~ i I Renaissance CommonsTown Boyto. & Country Beach, F,odda Homes C¥1JIi~/-r ]-':' 2 ' .: L~ :' '" ~ . -~ ~- . ::,,._~ . "~.0 ::C'" ~ · - .. }.~. ~'; - -"::.,..'. . ... .: ~.~ <'. ~ t , . -.. .. ........ _. _. ..;..:- . . ...:-.-. I'. --'~lz · '. ' · · ~11~ ~'. - - ' '~ ' ".: ~' · "-~-~'"-~:~','.::':-~.'--"-' '~:"~' :e~:':~- ' -~ -~'~:~' ...... I~ ~ i ..... < ....... ..., ....... ~ ............. ~ ~ ,- . .... ,, ~ ~ ...: .... ..., ......... ..~.....~ ........ :~;,~.~,.,.. ~ l~ ;.~1~)~1115 ~: ":'.MOURIZ.[~~.r' ' .~'.~ ~.o.." · ~ "-. ~ ':. · - ' ' -.. ' ..· ~,'-'.- · -' ~A~U "'-".:- '~'- ~:'~':-:~'; ~' ' . I' - ~ . " . .' ' '. ..... ' ~. .-. .... :'.-,: .... :~.,:'~:' iEXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase II File number: NWSP 03-016 Reference: 2na review plans identified as a New Site Plan with a November 4, Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 1. City of Boynton Beach Utility Department approval and Palm Beach County X Health Department permits will be required for all water and sewer work on this project (CODE, Section 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 3. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 4. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 5. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); and will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. COA 11/13/03 2 DEPARTMENTS INCLUDE REJECT 7. At the time of permitting, ensure that proposed canopy trees do not conflict X with the freestanding outdoor lighting fixtures. It may be necessary to replace or relocate large canopy trees adjacent to light fixtures to eliminate future shadowing on the parking surface (Chapter 23, Article II, Section A. 1 .b). 8. The sight triangle shown on Sheet SP-1 does not meet FDOT Standard Index X 546 as stated. Please correct. 9. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 10. Engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and will be reviewed for constmctabilit7 at the time of construction permit application. FIRE Comments: 11. Emergency access shall be provided at the start of a project and be maintained X throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Oiverations, Section 54.3. POLICE Comments: None X BUILDING DIVISION Comments: 12. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 14. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. COA 11/13/03 3 DEPARTMENTS INCLUDE REJECT 15. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: ~ The full name of the project as it appears on the Development Order and the Commission-approved site plan. ~ The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO), Chapter 26, Article II, Sections 26-34) 16. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 17. The required fire separation between tenants in building #6 shall comply with X Section 704 and Table 704 of the 2001 FBC. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 18. The applicant must indicate on the landscape plan, the existing trees / X vegetation that will be preserved, relocated, and removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation. 19. All shade trees on the Plant List must be listed in the specifications as a X minimum of 12-14 feet in height, three (3) or four (4) inches in caliper at DBH four and one-half (4.5) feet off the ground, and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12- 14 feet to meet the three (3) or four (4) inch caliper requirement (Chapter 7.5, Article II Sec. 5.C. 2.). 20. During the permit review process, the proposed 22,000 square foot lake X shown on sheet SP-1 must be designed with upland and littoral zone trees / vegetation along 50% of the lake perimeter (Chapter 7.5, Article II Sec. SA.). 21. The irrigation design should be designed for water conservation and tree X health. All shade and palm trees should receive irrigation from a bubbler source, including the lake plantings (Chapter 7.5, Article II Sec. 5A.). 22. Turf areas should be limited in size. Landscape (bedding plants) areas should X COA 11/13/03 4 DEPARTMENTS INCLUDE REJECT be designed on separate zones with proper time duration for water conservation (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 23. The traffic impact analysis for the entire Renaissance Commons project X consists of 300 apartment units, 200 townhouse units (for a total of 500 dwelling units), and 43,820 square feet of retail space. As proposed, the retail area would be divided into five (5) separate buildings. No building permits can be issued until the entire project meets the Traffic Performance Standards (TPS) of Palm Beach County. At the time of permitting, submit a rectified overall site plan, indicating all the above referenced uses and their respective square footages. The number of units and retail buildings areas proposed on the rectified overall plan must match the approved traffic impact analysis. 24. If not done so already, abandonment and rededication of easements must be X recorded prior to issuance of a building permit for the project. 25. Staff wants to ensure that the (entire) Renaissance Commons' parking X requirements are still met. At the time of permitting, submit a rectified overall site plan indicating an updated required / provided parking tabulation (for Phase One and Two). 26. Since Phase Two is not proposed as a separate out-parcel, include a revised X setback table (as shown on sheet SP-2) with only the "front yard" information completed. 27. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section 10.C.4.). Place a note on the site plan indicating this requirement. 28. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). This would apply to the Lignstrum, Bouganvillea, and Pygmy Date palm trees. 29. Once the building is built and all tenants of the commercial buildings are X determined, the cumulative area of all wall signage would have to comply with Chapter 21, Article IV, Section 2.C. of the Land Development Regulations. 30. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). On the landscape plan (sheet L3 of 3), provide the percentage of native canopy trees, palm trees, shrubs / accents, and groundcover to ensure compliance with this code requirement. This requirement applies to the entire 28.36-acre site known as Renaissance COA 11/13/03 5 DEPARTMENTS INCLUDE REJECT Commons and not just this phase. 31. The Landscape Plan (Sheet L2 of 3) does not depict the trellises and X associated landscaping visually portrayed on the elevations (sheet A-2). Please update this sheet and ensure that these structures and landscaping do not encroach into the loading space and do not infringe on the exit access for pedestrian movements. 32. For the Phase Two portion of Renaissance Commons project, staff X recommends utilizing the same outdoor freestanding lighting fixture's pole heights and lighting heads that were approved during Phase One. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 33. None X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 34. To be determined. ELJ S:\Planning\SHARED\WP\PROdECTS\Renaissance Commons\NWSP 03-016 Phase II\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons Phase Two APPLICANT'S AGENT: Mr. James Comparato and Mr. Carl Klepper- Compson Associates, Inc. APPLICANT'S ADDRESS: 980 North Federal Highway, Suite 200, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Site Plan approval for a 4,200 square foot commercial building on a 28.368-acre site in a C-3 zoning district. LOCATION OF PROPERTY: East side of Congress Avenue, north of the Boynton Canal DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Renaissance Commons\NWSP 03-016 Phase Il\DO.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM D.4 AGENDA ITEM REQUEST Fi. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing .' [] Code compliance/Legal Settlements [] Unfinished Business co RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 5-0 vote (2 recusals), recommended that the Siibject request be APPROVED, with the removal of condition #37 which is no longer necessary. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-272. EXPLANATION: PROJECT: Renaissance Commons Phase III (NWSP 03-017) AGENT: James Comparato and Carl Klepper, Jr. OWNER: Compson Associates ofBoynton LLC LOCATION: Southeast comer of Congress Avenue, and Gateway Boulevard DESCRIPTION: Request for new site plan approval for the third phase of a mixed-use project consisting of 28,962 square-feet of commercial space and 8 apartment units within 3 separate buildings on 5.56 acres in the C-3 zoning district. PROGRAM IMPACT: FISCAL IMPACT: '--' D~/elopment Department Director ' ~ ~21ty M~nager ' s~(~nature' Planning and Zoni~l~irector City Attorney / Finance / Human Resources SSPlanning~SHARED\WP~ROJECTS~enaissance CommonsXNWSP 03-017 Phase IIBAgenda Item Request Renaissance Commons Phase 111 NWSP 03- 017 12-2-03.dot S:'~BULLETIIxP, FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNt'NG AND ZONI'NG DI¥/StON MEMORANDUM NO. PZ 03-272 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP ~ Planner DATE: November 19, 2003 PROJECT NAME/NO: Renaissance Commons (Phase Three) / NWSP 03-017 REQUEST: New Site Plan PROJECT DESCI~PT/0N Property Owner: Compson Associates of Boynton, LLC Applicant: Compson Associates of Boynton, LLC Agent: .lames Comparato and Carl Klepper Location: East side of Congress Avenue, south of Gateway Boulevard (see Exhibit "A"- LocaUon Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 28,962 square feet of commercial / retail and eight (8) apartment units Acreage: 5.56 acres (242,208 square feet) - a component of the entire site of 57.186 acres (2,491,022 square feet) Adjacent Uses: North: Right-of-way for Gateway Boulevard, then farther north is developed commercial property (Shoppes of Boynton), zoned Community Commercial (C-3); South: Vacant property earmarked Phases One and Two of Renaissance Commons, then farther south is right-of-way for Boynton (C-16) Canal, then still farther south is vacant property, zoned Single-family Residential (R-1AA); Staff Report- Renaissance Commons Phase III (NWSP 03-017) Memorandum No PZ 03-272 Page 2 East: Right-of-way for Lake Worth Drainage District (LWDD) Equalizing E-4 Canal, then farther east is the Boynton Beach Community High School, zoned PZD; and West: Right-of-way for Congress Avenue, then father west are developed commercial properties, zoned Community Commercial (C-3). Proposal: The developer who controls the entire Motorola property intends to dissect the PZD into a master planned (multi-phased) mixed-use project. On ~]uly 15, 2003, Compson Associates of Boynton, LLC, owner of the 28.36-acre parcel located directly to the south of the subject property was approved for a large-scale mixed- use project known as Renaissance Commons (NWSP 03-007). Build-out of the project would be accomplished in different phases. The first phase consisted of the approval of a 10,662 square foot commercial building combined with eight (8) townhouse units, 250 multi-family (apartment) units with their two (2) parking garages, and 242 fee-simple townhouse units. Phase Two consists of a 4,200 square foot commercial building. This proposal represents the third phase. Phase Three consists of three (3) commercial buildings (for a total of 28,962 square feet) with eight (8) apartment units. The eight (8) units are truly "mixed-use" in design because they are all proposed within the confines one commercial building rather than as separate stand-alone buildings. This would mimic the mixed-use theme approved in Phase One. This third phase was not a component of the site plan approved in .July of 2003. Each subsequent phase (after Phase One and Two) of the Renaissance Commons project will require new site plan approval. The plans also show that a park (recreational open space) is proposed at the northern portion of the subject property. The preliminary engineering drawings (sheet C2 of C4) illustrate that this park improvement could only be accomplished by filling in one of the existing lakes. Site Characteristic: According to the survey, the entire Motorola property is comprised of two (2) halves. The property is located on the east side of Congress Avenue, south of Gateway Boulevard, north of the C-16 Canal, and extends eastward to the LWDD E-4 Canal. The 28.36-acre southern half was approved for a mix of residential and commercial uses in two phases, namely Phase One and Phase Two. The third phase of the Renaissance Commons project is the development of a 5.56-acre "leased" area, located along Congress Avenue on the northern 57.186-acre parcel. At this time, no changes are proposed to the exislJng Motorola building or the site other than the 5.56-acre Phase Three area. The boundary survey showed two (2) existing asphalt paths within the interior of the site and various easements that were dedicated on the 57.186-acre site. If required, the abandonment and / or rededication of easements (in only the Phase Three portion) must be recorded prior to the issuance of the first certificate of occupancy (see Exhibit "C"- Conditions of Approval). The applicant has no intention of subdividing this 5.56-acre "leased lot" from the greater parcel. Therefore, no cross-parking or cross-access easements would be Staff Report - Renaissance Commons Phase III (NWSP 03-O17) Memorandum No PZ 03-272 Page 3 required and there would be no internal setback issues as well. All uses (commercial / residential) proposed in the Renaissance Commons Phase Three project are permitted in the C-3 zoning district. ANALYSTS Concurrency: Traffic: When the original Renaissance Commons (NWSP 03-007) project was reviewed, a traffic statement was sent to Palm Beach County Traffic Division for their review and approval. At that time, the Traffic Division determined that the project was part of the previously approved Motorola Development of Regional Impact (DR~[) and met the Traffic Performance Standards of Palm Beach County. Also, at the time of its review, the City's Engineering Division of Public Works required various off- site improvements as a result of this project. No new conditions are required as a result of the development of Phase Three. However, Since ,July of 2_003, the developer assembled the subject property to the north of Phases One and Two. A revised traffic impact analysis was sent to the Traffic Division for their review and approval. The new analysis, which includes all three phases of the Renaissance Commons project, consists of 300 apartment units, 200 townhouse units (for a total of 500 dwelling units), and 43,$20 square feet of retail space. As proposed, the retail area would be divided into five (5) separate buildings. No building permits will be issued until the Traffic Division determines that the entire project meets the Traffic Performance Standards ('I'PS) of Palm Beach County (see Exhibit "C" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the Oty's review. According to the original Renaissance Commons (NWSP 03-007) staff report, the project would discharge into the LWDD E-~ Canal, which would be limited by a control structure to 62.6 CSM at the 25-year storm event. Additional on-site retention would be provided within a new lake constructed off the northeast comer of the property adjacent to the LWDD E-4 Canal. A berm would be placed around the perimeter of the site with a top elevation equal to or exceeding the calculated 25-year three (3) day storm event to prevent unpermitted discharge from the site. At this time, the Engineering Division is recommending that the review of specific drainage solutions for Phase Three be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The School District of Palm Beach County approved the Renaissance Commons project for 500 dwelling units. Any future additional units (above and beyond what was already approved) would require the School District's review and approval. District approval would be required prior to the issuance of any building permits (see Exhibit "C"- Conditions of Approval). Driveways: The site plan (sheet SP-1) shows that the Phase Three development of Renaissance Commons project proposes one (1) additional point of ingress / egress along Staff Report- Renaissance Commons Phase III (NWSP 03-017) Memorandum No PZ 03-272 Page 4 Congress Avenue. The opening of the ingress lane along Congress Avenue would be 18 feet in width while the opening of the egress lane would be 12 feet in width. A striped "island" 10 feet in width would separate the two (2) lanes. No other driveway openings are proposed onto a major roadway as a result of this third phase of development. Excluding the aforementioned Phase Three ddveway opening proposed directly on Congress Avenue, the closest access point to Phase Three would occur from the project's main entry ddveway that is proposed (in Phase One) to run along the subject property's south boundary line. For edification purposes, "south boundary line" of Phase Three is not an actual property line but rather it is used only to describe the limits of the Phase Three construction. In any event, this main entry driveway (from Congress Avenue other than one described in the paragraph above) would connect to an internal ddveway proposed to run in an east-west direction along the southern limits of the Phase Three property (and likewise the northern limits of the Phase One and Two property). Also, direct ingress / egress to the Phase Three portion of the project would occur internally by driving through the parking lots proposed directly west of the existing Motorola building. Parking Facility: The Renaissance Commons project proposes a mix of residential and commercial uses. Commercial uses require one (1) parking space per 200 square feet of floor area. Therefore, based on the above referenced methodology, 145 parking spaces would be required for the commercial use. Each one-bedroom apartment unit requires one and one-half (1.5) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. Based on the above referenced methodology, 13 parking spaces would be required for the residential use. In conclusion, the Phase Three portion of the Renaissance Commons project would require a total of 158 parking spaces (see Exhibit "C" - Conditions of Approval). The site plan (sheet SP-2) shows that 202 parking spaces or an excess of 44 spaces would be provided. Eight (8) parking spaces would be provided via one-car parldng garages. Five (5) of the nine (9) parallel parking spaces would be allocated to the apartment use since the parking in their garages alone would not meet minimum code requirements. The detail of the parking spaces (as shown on sheet SP-2) indicates that parallel parking spaces would be dimensioned nine (9) feet- six (6) inches in width by 25 feet in length. All other parking spaces would be dimensioned nine (9) feet - six (6) inches in width by 18 feet - six (6) inches in length, except for handicap spaces, which would be 12 feet in width with five (5) feet of striping by 18 feet - six (6) inches in length. As approved, the Renaissance Commons project (Phase One, Two, and Three) proposes a total of 500 dwelling units (a mixture of one, two, and three bedrooms). Under the limitations of the original approval, the applicant may transfer the number of residential units between each phase but collectively; Phase One, Two, and Three may not have more than a total of 500 dwelling units. At the time of permitting, the applicant is required to submit a rectified overall site plan indicating the number of required / provided parking for each phase (see Exhibit "C" - Conditions of Approval). Staff Report - Renaissance Commons Phase III (NWSP 03-017) Memorandum No PZ 03-272 Page 5 Landscaping: The impervious / pervious statistics (as indicated on the tabular data / cover sheet) are based on the area on the 5.56-acres "leased" portion of the 57.186-acres northern parcel. According to the summary, over 1.8-acres or nearly 33% of the leased area would be of a pervious surface. The Landscape Data (on sheet L1 of 5) indicates that 50.88% of the shade trees and 60% of the palm trees would be native. Also, over 50% of the groundcover / shrubs would be native. The Landscape Quantities (shown on sheet L5 of 5) indicates that the plan would provide a total of 158 shade trees, 127 palm trees, and 1,372 shrubs / accents (see Exhibit"C"- Conditions of Approval). The landscape material that was approved in Phase One and Two would remain as- is in their respective landscape buffers. Phase One perimeter landscaping along Congress Avenue was approved with Dwarf Podocarpus, Ilex Burfordi, Imperial Blue Plumbago, Dwarf Cocoplum, Dwarf Yaupon Holly, Live Oak trees, Royal Palm trees, and .lapanese Fern trees. The interior landscape islands in the parking lot of the commercial areas for Phase One and Two were approved with Dwarf Cocoplum hedges and either Coconut palm trees, Brazilian Beauty Leaf, or Mahogany shade trees. Similarly, the west landscape buffer (along Congress Avenue) for Phase Three (on sheets 1_5 of 5) would include the same or compatible plant material (Ilex Burfordi, Dwarf Podocarpus, Imperial Blue Plumbago, Redtip Cocoplum, Laurel Oak, and Royal Palms trees. The interior landscaped islands in the parking lot of the commercial buildings would contain Brazilian Beautyleaf trees. Although not labeled on the landscape plan (sheet L3 of 5), the Phase Three entry drive proposed from Congress Avenue would have three (3) Medjool Date Palm trees and six (6) Coconunt palm trees (see Exhibit "C" - Conditions of Approval). The landscape material in the park would include 32 Royal Palm trees, 10 Live Oak trees, with Dwarf Crown of Thorns, and Awabuki Vibumum. Building and Site: The proposed building and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. The proposed southernmost building within Phase Three is labeled as "Building 9" (shown on sheet A-l). The plan indicates that this structure would be 83 feet in length and over 49 feet in depth. The drawing also shows that it would have an eight (8) foot wide arcade along the west and north building facades. This 4,200 square foot building would consist of three (3) tenant bays. However, the size of each bay would change depending on the needs of the individual tenants. The maximum building height in the C-3 zoning district is 45 feet. Similar to Phase One, the buildings proposed in Phase Three would have varying heights but none would exceed the 45-foot height limitation. The elevation drawings of"Building 9" (sheet A-2) show that the building is designed as a one (1)-story structure. The elevations also show that the top of the roof would be 27 feet in height and the top of the decorative cupola would be 41 feet in height. The center building (Building 10) is proposed as a traditional"mixed-use" building. Eight (8) residential units are proposed on the second floor above the 10,662 square feet of commercial bays. The floor plan (sheet A-3) shows that the building would be 213 feet- 10 inches in length by ~,5 feet- four (4) inches in depth. This building would have an eight (8) foot wide arcade in front (west) and a 10-foot Staff Report- Renaissance Commons Phase III (NWSP 03-017) Memorandum No PZ 03-272 Page 6 wide arcade along the north side. However, the rear (east) elevation on the mixed-use building would have to be updated to correctly correspond with its floor plan with regards to the number of residential garages. The floor plan' and the elevation do not match. This revision could occur during the permitting process (see Exhibit"C"- Conditions of Approval). The elevation drawings of"Building 10" (sheet A-5) show that the building is designed as a two (2)-story structure. The elevations also show that the top of the roof would be no taller than 45 feet in height. The northern building (Building 11) would resemble the mixed-use building in terms of its shape but would only be one (1)-story tall. The floor plan (sheet A-6) shows that the building would be 286 feet- seven (7) inches in length by 63 feet- eight (8) inches in depth. Similar to the other buildings, it would have an arcade running along its north, west, and east building facades. The elevation drawings of "Building 11" (sheet A-7) show that the tope of the roof would be 28 feet in height and that the top of the decorative cupola would be 41 feet in height. Design: The entire Renaissance Commons project was designed with extensive high quality treatment of ground floor public space, discrete separation of private residential spaces .(to the rear and upper levels of the project) and articulated building bases with store fronts, pilasters, cornices, and arcades proposed on the mixed-use building. Also, the roof material would be composed of Terracotta Cement S-tiles. The elevations (sheets A-2, A-5, and A-7 show that these Phase Three buildings would be consistent and compatible with both the Phase One and Two commercial ! mixed-use buildings. The consistency and compatibility in architectural enhancements includes foam banding, similar building colors, same roof type, awnings, and similar exterior finish. To maintain consistency, these same features are also repeated on Phase Three (see accompanying staff report for Renaissance Commons Phase Two - NWSP 03-016). All buildings in the commercial portion of each phase would be multi-colored and have a stucco exterior finish. The building colors would be light brown ([Ct #553) and light yellow (ICI #667) with a grayish ([C! #769) trim. The canvas awnings would be hunter green and the buildings would be adorned with black metal railings. The outdoor freestanding lighting fixture detail (sheet SP-2) does not indicate the structure's dimensions. The Phase One detail, approved in 3uly of 2003, illustrated that the structure would be approximately 15 feet tall and come with a variety of lighting fixtures (lamps). Staff recommends utilizing the same pole heights and lighting fixtures that were approved during Phase One (see Exhibit"C" - Conditions of Approval). Signage.' The elevations (sheets A-2, A-5, and A-7) show that each tenant would have similar size wall signs as those signs approved in Phase One. Once the building is built and commerdal tenants are determined, the cumulative area of all wall signage would have to comply with Chapter 21, Article IV, Section 2.C. of the Land Development Regulations (see Exhibit "C" - Conditions of Approval). The cumulative signage area would be based on the west building fa(;;ade. A note on the elevations (sheets A-2, A-5, and A-7) indicates that the signs would consist of reverse channel letters in a Helvetica medium gloss black font. Staff Report - Renaissance Commons Phase III (NWSP 03-017) Memorandum No PZ 03-272 Page 7 The original Renaissance Commons project (Phase One) was approved for four (~t) monument-style residential subdivision entrance signs. They were approved pursuant to Chapter 21, Article IV, Section 1.D of the Land Development Regulations. Since the entire Renaissance Commons project is considered one (1) parcel, a "commercial" freestanding monument style sign would be permitted in addition to the residential subdivision signs. Pursuant to Chapter 21, Article IV, Section 3.B. of the Land Development Regulations, a shopping center sign would be permitted as long as the sign face area would not exceed 160 square feet in area. The site plan (sheet SP-3) and sign detail (sheet A-8) indicate that this proposed structure would be located on an entry wall, to be located on the south side of the north entrance proposed on Congress Avenue. Its proposed style would resemble the same style of the previously approved subdivision entrance signs in Phase One. In addition, the Detail (on sheet A-8) shows that a provision would be made for the project's major commercial tenants. Staff endorses this sign style. However, the sign face itself may not exceed 160 square feet in area. This would include the proposed lettering, "The Shops at Renaissance Commons" (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP~PRO.1ECTS\RenaJssance Commons\NWSP 03-017 Phase [II\Staff Report. doc Location Map ~'" EXHIBIT"A" RENAISSANCE COMMONS PHASE I~i 'EXHIBIT "B" llllltllt!.lllll {till tillS'Ii ~I!!!!11~!!I ~'1~ ~tl Iti I"",! II J i[ j~ j[ [Jiiiiijiii Ill ' !F,il!ljltJiiillll!!!!illitJl,, J JJJliJlJJ' j Z ~ ~.,, ~ i~I -,- ,[' * t EXHIBIT "B" EXHIBIT "B" EXHIBIT "B"' PHASE EXHIBIT "B". SALAZAR - /. ~'"~"~?'~"'""- / ARCHITECTS & PLANNERS EXHIBIT "B" Il: fllll IIil I Renaissance CommonSBoyton Beach, Florida EXHIBIT "B" i! PHASE III C Renaissance CommonSBoyton Beach, FloridaI EXHIBIT "B" II ilJIlII[ iJ I Renais"s°~a°"n£aec"'C"'~darnm°ns EXHIBIT "B" 1111 ! i , III1 I1! fllllIII iJ ! c°mm°" ..n I fl EC l EXHIBIT "B" ./ II illlIl'llil I Renais~a~o.n£,e~.C:.~,,~monsI EXHIBIT ~.' EXHIBIT "B" i jl,~,_l!l [ E,~HIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase III File number: NWSP 03-017 Reference: 2na review plans identified as a New Site Plan with a November 4, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Show all off-site improvements needed for this project. These plans depict X work that will require review, approval and permits from outside agencies. UTILITIES Comments: 2. City of Boynton Beach Utility Department approval and Palm Beach County X Health Department permits will be required for all water and sewer work on this project (CODE, Section 26-12). 3. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. This office will not require surety for installation of the water and sewer X utilities, upon condition that the systems be fully completed and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 6. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); and will be reviewed at the time COA 11/26/03 2 DEPARTMENTS INCLUDE REJECT of construction permit application. ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Per Condition of Approval #11, Renaissance Commons Phase I (NWSP 03- X 007) a re-plat will be required. Re-platting shall occur prior to the issuance of any building permits. 11. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (Chapter 23, Article II, Section A. 1.b). 12. The sight triangle shown on Sheet SP-1 does not meet FDOT Standard Index X 546 as stated. Please correct. 13. Landscaping is shown surrounding the lift station north of the second X driveway into the site. Provide clear access to the lift station for maintenance purposes. 14. Provide a drainage plan showing existing and proposed elevations, flow areas X and any required drainage structures. Include preliminary drainage calculations. Specify storm sewer diameters and materials, inlets types, etc. on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate ~rade of storm sewer segments. 15. Lake excavation or fill operations shall require a separate Excavation & Fill X Permit, issued through the Building Department. 16. At the time of permitting, provide complete drainage plans, including X drainage calculations in accordance with the Chapter 6, Article IV, Section 5 of the Land Development Regulations. 17. A Substation is shown adjacent to Building #11. Please indicate ownership X and how relocation will be accomplished. 18. Engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and will be reviewed for COA 11/26/03 3 DEPARTMENTS INCLUDE REJECT constmctability at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 19. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 20. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 21. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. 22. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 23. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 24. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) If the project is a multi-family project, the building number(s) must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c) The number of dwelling units in each building. d) The number of bedrooms in each dwelling unit. e) The total amount paid and itemized into how much is for water and COA 11/26/03 4 DEPARTMENTS INCLUDE REJECT how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 25. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: f) A legal description of the land The full name of the project as it appears on the Development Order and the Commission-approved site plan. g) If the project is a multi-family project, the building numbers(s) must be provided. The building numbers must be the same as noted on the Commission-approved site plans. h) The number of dwelling units in each building. i) The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 26. The title sheet notes Building 9 as Type IV unprotected construction. Sheets X SP-2 and A-1 notes Type V unprotected. Clarify. 27. Occupancy separation requirements between the retail and residential X occupancies in Building 10 shall comply with 2001 FBC Table 704.1 and Section 704. 28. Fire separation between tenants in Buildings 9, 10 & 11 shall comply with X Section 704 and Table 704 of the 2001 FBC. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 29. All shade trees on the Plant List must be listed in the specifications as a X minimum of 12 -14 feet in height, 3 or 4 inches in caliper at DBH (4.5 feet off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12-14 feet to meet the 3 or 4 inch caliper requirement (Chapter 7.5, Article II Sec. 5.C. 2.). 30. There is no irrigation system design included with the site plans. The X irrigation design should he designed for water conservation and tree health. All shade and palm trees should receive irrigation from a bubbler source. This includes the lake plantings (Chapter 7.5, Article II Sec. SA.). 31. Turf areas should be limited in size. Landscape (bedding plants) areas should X be designed on separate zones with proper time duration for water COA 11/26/03 5 DEPARTMENTS INCLUDE REJECT conservation (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 32. The traffic impact analysis for the entire Renaissance Commons project X consists of 300 apartment units, 200 townhouse units (for a total of 500 dwelling units), and 43,820 square feet of retail space. As proposed, the retail area would be divided into five (5) separate buildings. No building permits can be issued until the entire project meets the Traffic Performance Standards (TPS) of Palm Beach County. At the time of permitting, submit a rectified overall site plan, indicating all the above referenced uses and their respective square footages. The number of units and retail buildings areas proposed on the rectified overall plan must match the approved traffic impact analysis. 33. The School District of Palm Beach County approved the Renaissance X Commons project for 500 dwelling units. Any additional units would require the School District's review and approval. District approval would be required prior to the issuance of any building permits. 34. The configuration of the proposed Phase III parcel does not match the X commercial parcel that was approved on the master plan. The proposed configuration would cause the existing Motorola building to be non- conforming due to PID zoning setbacks. Either reconfigure the proposed Phase III parcel so that it is consistent with what was already approved by the City Commission or formally request a master plan modification to the Motorola master plan. Either way, staff would not support a change that would cause non-conformity. 35. Based on the proposed uses and respective building areas, the Phase III X Renaissance Commons requires 158 parking spaces. Revise site plan tabular data (sheet SP-2) to indicate the number of required spaces. 36. On the site plan, provide a label indicating the number of parking spaces for X each row, including handicap spaces. 37. Regarding the apartment units, the number of garage doors (9) shown on the elevations (sheet A-5) does not match the number of doors (8) shown on the X floor plan (sheet A-3). These plans must correspond with each other. Submit rectified plans at the time of permitting. 38. On sheet A-5, label the elevation drawings as "Building 10". X 39. Once the building is built and all tenants of the commercial buildings are X determined, the cumulative area of all wall signage would have to comply with Chapter 21, Article IV, Section 2.C. of the Land Development COA 11/26/03 6 DEPARTMENTS INCLUDE REJECT Regulations. 40. The entry wall sign (sheet A-8) shows that a provision would be made for the X project's major commercial tenants. Staff endorses this style of signs that would be construed as "shopping center" signs as identified by the Land Development Regulations. However, the sign face itself may not exceed 160 square feet in area. This sign face would include the proposed lettering, "The Shops at Renaissance Commons". 41. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. Prior to the issuance of a building permit, ensure that all proposed and existing plant material is indicated and accounted for on the landscape plans. 42. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). This would apply to the Jatropha, Ligustrum, Bismark, Bouganvillea, Japanese Fern, and Pygmy Date palms. 43. The landscape plan Landscape Quantities Detail Sheet (sheet L5 of 5) needs X to indicate the total amount of plant material in each of the following categories: trees, palms, large shrubs / accents, and medium shrubs / groundcover / vines. 44. If applicable, the abandonment and rededication of easements in must be X recorded prior to issuance of a building permit for the project. 45. Trellises may not encroach into the loading zone areas. X 46. For the Phase Three portion of the Renaissance Commons project, staff X recommends utilizing the same outdoor freestanding lighting fixture's pole heights and lighting heads that were approved during Phase One. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 47. Remove condition #37 as elevation drawing and floor plan are consistent. X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 48. To be determined. ELJ S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\NWSP 03-017 Phase IIl\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons Phase Three APPLICANT'S AGENT: Mr. James Comparato and Mr. Carl Klepper- Compson Associates, Inc. APPLICANT'S ADDRESS: 980 North Federal Highway Suite 200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Site Plan approval for the third phase of a mixed use project consisting of 28,962 square feet of commercial and eight (8) residential units on a 5.56-acre site in a C-3 zoning district. LOCATION OF PROPERTY: East side of Congress Avenue, south of Gateway Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Renaissance Commons\NWSP 03-0'17 Phase Ill\DO.doc V:I.-CONSENT AGENDA :ITEM D.S CITY OF BOYNTON BE.4 AGENDA ITEM REQUEST U Vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December I, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6-0 vote (1 recusal), recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-275. EXPLANATION: PROJECT: Fire Station/12 (NYVSP 03-015) AGENT: David Lui, Deputy Fire Chief OWNER: City of Boynton Beach LOCATION: Woolbright Road approximately 650 feet West of Congress Avenue DESCRIPTION: Request for new site plan approval for a 23,339 square foot fire station on 3.98-acres in a PU zoning district. PROGRAM IMPACT: FISCAL IMPACT: t' D v~qlopment Department Director · / "/Uit~ Manager' s~r~amre Planning and Zon~a~ Director City Attorney / Finance / Human Resources S:XPIanningXSHARED\WP~PROJECTSXFIRE STATION 2 LUARXNWSP 03-015~Agenda Item Request Fire Station #2 NWSP 03-015 12-2-03.dot S:XBULLETIN~ORMSLa~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNt'NG AND ZONTNG DI'V]:STON MEMORANDUM NO. PZ 03 -275 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf~'k~ Planning and Zoning Director FROM: Ed Breese ~ Principal Planner' DATE: November 13, 2003 PRO.]ECT NAME/NO: Fire Station #2 / NWSP 03 - 015 REQUEST: New Site Plan PRO3ECT DESCR]:P1/ON Property Owner: City of Boynton Beach Applicant: David Stump and David Lui Agent: David Stump and David Lui Location: Woolbright Road Approximately 650 feet west of Congress Avenue (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Public and Private Governmental/Institutional (PPG[) / Public Use (PU) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a two-story, 29,234 square foot fire rescue building on a 3.9-acre parcel. Acreage: 3.9 acres Adjacent Uses: North: Right-of-way for the Lake Worth Drainage District (LWDD) L-26 Canal, then farther north is developed single family homes (Lakes of Tara) with a Low Density ResidenUal (LDR) land use designaUon, and zoned Planned Unit Development (PUD); South: Right-of-way for Woolbdght Road, then farther south is developed single family attached homes (Quail Run Villas) with a Low Density ResidenUal (LDR) land use designation, and zoned Planned Unit Development (PUD); Staff Report- Fire Station #2 (NWSP 03-015) Memorandum No PZ 03-275 Page 2 East: City of Boynton Beach water storage facility with a Public and Private Governmental/Institutional (PPG]~) land use designation, and zoned Public Use (PU), then farther east is property developed with professional offices with a Local Retail Commercial (LRC) land use designation, and zoned Community Commercial (C3); West: Right-of-way of Woolbright Road. Project size: The project consists of a 29,234 square foot building housing fire personnel and apparatus as well as fire administration. Site Characteristic: The subject parcel is comprised of a long, pie or wedge-shaped piece of land approximately 1,290 feet long and approximately 188 feet wide at its widest dimension and 30 feet wide at the narrowest dimension. The parcel is vacant and situated between the northern edge of the Woolbright Road right-of-way and the southern edge of the Lake Worth Drainage District L-26 Canal. The survey shows that the highest elevation is 14.4 feet above sea level, located near the northeast comer of the site. BACKGROUND Proposal: The City proposes to construct a two story, 29,234 square foot fire rescue station to better serve the southwest section of the City. The project consists of 23,339 square feet of operations, office and living space (including approximately 1,000 square feet of multi-purpose room space for city and community activities) and nearly 6,000 square feet of apparatus bays to house the trucks and equipment. ANALYSZ$ Concurrency: Traffic: A traffic impact statement for this project will be required prior to issuance of a building permit. No permit will be issued prior to determination that the project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The subject property fronts on Woolbdght Road. Proposed on-site circulation consists of a driveway entrance/exit for the general public and employees at the west end of the property and a separate entrance/exit for fire rescue vehides. Staff Report- Fire Station ~2 (NWSP 03-015) Memorandum No PZ 03-275 Page 3 Parking Facility: Parking required for this type of facility is based on one (1) parking space per bunkroom (13) and one (1) parking space per 300 square feet of office space (9,000), for a total of 43 parking spaces. The plan as designed accommodates 52 parking spaces, including 3 handicap spaces, an excess of nine (9) spaces. Landscaping: The proposed pervious or "green" area of the lot would be 97,574 square feet or 56.28% of the total site. The landscape plan tabular data (Sheet 1_2.1) indicates that 61 trees, 130 palms and 7,231 shrubs are being provided. Typical trees being utilized in the planting scheme include Gumbo Limbo, Live Oak, Orange Geiger and Yellow Tabebuia, with Sabal and Solitaire palms. Shrub materials selected for the site include :Indian Hawthorne, [,,(ora, Viburnum and Macho Fern. A decorative wall, painted to match the building is proposed along the north property line with Viburnum hedge along the outside (north side). Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed two-story fire rescue building would have varying roof heights, with the highest of the peaked roofs at 40 feet in height. The maximum allowed height in the PU zoning district is 45 feet. The floor plan (Sheets A2.1 & A2.2) shows the first floor as lobby, living quarters and apparatus bays, with the second floor housing the administrative offices and multi-purpose room. Sheets A3.1 & A3.2 provide an illustration of the building facades, with CBS walls, stucco finish and score lines, decorative trims and mouldings, barrel roof tiles and bahama shutters, providing a mediterranean revival design theme to the structure. Design: The elevation drawings (Sheets A3.1 & A3.2) show that the building would be designed as a very attractive fire station with the fa(;ade improvements discussed above. The body of the building would be stucco and painted a cream color (BM Paints - "Wellesley Buff" 107). The accent body color is proposed to be painted a slightly darker cream color (BM Paints -"Canyon Lands" 109). The trim / banding areas are all proposed to be painted a tan color (BM Paints - "Wood Ash" 1065). The fascia is proposed to be painted white (BM Paints - "Simply White" OCl17). The barrel tile roof is a blend of muted colors chosen to match the paint scheme (Pioneer- Harbor Blend). The apparatus bay doors are to be painted to match the color of the building as part of the mitigation associated with the Community Design Plan Appeal application (CDPA 03-002) presented as part of this project. Signage: The signage, according to Sheet 1_2.1, will be a monument sign approximately five (5) feet tall by 8.3 feet in width, arched to follow the design of the building. The sign will contain the same type of building materials and paint colors and feature the City logo as well as the numerical address. The actual lettering will be 4" flat aluminum letters painted "Petina Green". The lettering on the building is proposed to follow the same style and type lettering as the monument sign. Staff Report - Fire Station #2 (NWSP 03-015) Memorandum No PZ 03-275 Page 4 RECOMMENDA'I/ON: The Technical Review Committee ('I-RC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C"- Conditions of Approval and contingent upon the approval of the Community Design Plan Appeal (CDPA 03-002) associated with this project. The Technical Review Committee (TRC) recommends that the deficiendes identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. ~ Location Map EXHIBIT FI;RE STATION # 2 ! ~i'. _ ~ i PCd [] PUID / , '1' , / ~ ; ~ 0 ~ F~t w S o , . , . , EXHI~BIT "B" ~o~ O 1:313 "~ ~ O o~: O~ ~ o3 0 ~ 0 > z ~ ~ 0 ~ ~ Z 0 ~ m 0 -ooo mmmmm ' . CH2MHILL ~--~-- ~ ~ R~ ~A~ ~ ~ OF ~N B~ EXHIBIT "B" M_A_'I'C H_ LINE A-A ~ ~._~ _ MATCH LINE A-A ~ / / . MATCH LINE B-B EXHIBIT "B" MATCH LINE B-B SEEDV~.-spu ~--i?;--'-.,~ '~ ---~--'~--'-' /; ,~:/~1~- ,,. ~: '~ ,, . ~ ._~. ~.::::JL_,.,~,~ ; :~.. ~~: EXHIBIT "B" ~;ilI! .i ! . iiillll '! iiliil} MATCH LINE A-A -,,,,.~ ..-c~.~ EXHIBIT "B" l,1 I EXHIBIT "B" I! [ ~I II ~/~/I/~ h I; lilJil!il!J l!i l!J I I ~' ' ' [I / ,ti I~ ,I !.1~ :il!l ! i i!imlii!i iJiJ :I -, Ill Il I .Jill Il . , 4 ,, ,I, , I I i:~ "I Ii I I l:ll l, : ~lll I I '~ [ Ii ~ir I lil !:!!ll,!,~[ : I'll :l~ll l I iii. i].l I,!, /EXHIBIT "B" ,mo..,~^-^ !~!~!~ ,.. .- [/ I, il CH~,ililHl! 1 t~ ~ ...a. BOYNTON BEACH RRE STATION PARllAL LANDSCAPE ~""~'"~ ~'~" EXHIB~IT "B" o I o I - I MATCH LINE A-A Cll21VIHILL BOYNTON BEACH RRE STATION PARTIAl. LANDSCAPE PLANTING Pr. AN t3 llBIHX3 '' ' ' ° ' ° o , - , . , EXHIBIT "R" It'J ~¢ ", ,, ht ! I ~ ~ J L.J U U L ~ --i '+==~ ~ -~-r:-~:--I o ~JI ~- -ql-,,,Xl ~ ___il.~ . ~ II ~ ~1 ~ ' 1 ;~v U ~,.-~1.~ ~11 ~ .L '~.,_ ,/ ~. ,'~l ,i II~ _, .... ,., ~E~ t , ................................................................................. I lJjJJJJJ I ,.' ~j ,. I J j I 'k /' I I x .................................................................................. E I I/ '~ I ~ X,, /'1 ~ I // .................................................................................. ~ I I '~ I CH2MHILL BORON B~CH Ft~ ~A~ON ~ I ! I~1 FIR~ AO~ ~~~~"m~ ~.~ EXHIBIT "C" Conditions of Approval Project name: Fire Station #2 File number: NWSP 03-015 Reference: 2na Review Plans with an October 31, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. PUBLIC WORKS- Traffic Comments: 2. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. UTILITIES Comments: 3. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon £mal meter size, or expected demand. 5. A building permit for this project shall not be issued until this Department X has approved the plans for the water and sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 7. Permits will be required from Palm Beach County for driveway cuts. X 8. Permits will be required from LWDD for the stormwater outfall into the X canal. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Irrigation specifications will be provided by the Public Works/Forestry & X Grounds Division for incorporation into the plans at the time of permitting. 11. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 12. Indicate by note removal/relocation of old fence around the water tank site X at time of permitting. 13. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constmctability at the time of construction permit application. BUILDING DIVISION Comments: 14. Indicate within the site data the type of construction of the building as X defined in Chapter 6 of the 2001 FBC. 15. Indicate within the site data the occupancy type of the building as defined in X Chapter 3 of the 2001 FBC. 16. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 17. Place a note on the elevation view drawings indicating that the wall X openings and wall construction comply with Table 600 of the 2001 FBC. 18. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 CvVind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Flor/da shall be submitted for review at the time of permit application. 19. Add to all plan view drawings of the site a labeled symbol that represents X the location and per/meter of the limits of construction proposed with the subject request. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. DEPARTMENTS INCLUDE REJECT 21. Verify that the proposed elevation is in compliance with regulations of the X code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 FBC]: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." a) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. b) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 22. Add to the submittal a partial elevation view drawing of the proposed perimeter X fence. Identify the type of the fence material and the type of material that supports the fence, including the typical distance between supports. Also, provide a typical section view drawing of the fence that includes the depth that the fence supports are below finish grade and the height that the fence is above finish grade. The location and heights of the fence shall comply with the fence regulations specified in the Zoning Code. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 24. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The full name of the project as it appears on the Development Order and the Commission-approved site plan. 25. Submit documentation as to the standard used to arrive at the live load X calculations shown on Sheet A2.1. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: 26. All shade trees on the Plant List must be listed in the specifications as a X minimum of 12 feet-14 feet in height, 3 inch caliper at DBH (4.5 feet off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12 feet-14 feet to meet the 3 inch caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] PLANNING AND ZONING Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT Comments: I I 27. All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers shall be visibly screened. Back-flow preventers shall be painted to match the principal structure. Place a note on the plan indicating this requirement. 28. All equipment placed on the walls of the structure shall be painted to match X the structure. Place a note on the plan indicating this requirement. 29. Required landscape buffers adjacent to rights-of-way shall contain two X layers of plant material. The first layer shall be a combination of colorful groundcver plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall and one tree spaced a maximum 30 feet apart. The continuous hedge (2nd layer) shall be a minimum of 24 inches in height, 24 inches spread and planted with tip-to-tip spacing at time of planting. Sheet L2.1 indicates shrubs at a dimension of 18" x 18". 30. Site Plan approval is subject to City Commission approval of the X Community Design Plan Appeal (CDPA 03-002) application that is part of this project. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning~SHARED\WPWROJECTSWIRE STATION 2 LUARhNWSP 03-015\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fire Station #2 APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton Beach BIIvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request site plan approval for a two story, 29,234 square foot fire rescue building on 3.9 acres LOCATION OF PROPERTY: Woolbright Road, approximately 650 feet west of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk VI.-CONSENT AGENDA ITEM D.6 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [ I January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noo~ [] Administrative [] Legal r~.~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ ~'~::~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Consent Agenda The Planning and Development 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 03-256. EXPLANATION: PROJECT: Quantum Park Lots 73A - 76 (SPTE 03-005) AGENT: Joni Brinkman, AICP OWNER: Winston Lee & Associates, Inc. LOCATION: Lots 73A, 73-B, 74, 75, and 76 of Quantum Park, a P.I.D. DESCRIPTION: Request for a six (6) month time-extension to the approved site plan for construction of 196,554 square foot office/industrial space, from November 6, 2003 to May 6, 2004. PROGRAM IMPACT: FISCAL IMPACT: · Deve[glbment Department Director · '-/ - - '(?,fty Manager, S{gnat[rte Plan~dg'and Zol~g Director City Attorney / Finance / Human Resources S:XPianning\SHARED\WPXPROJECTS\Quantum park lot 73a-76XSPTE 03-005\Agenda Item Request Quantum Pk Lots 73A-76 12-2-03.dot S:~BULLETIN~ORMS'~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-256 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf (~'(~{~' Director of Planning and Zoning Ed Breese ~ FROM: Principal Planner DATE: November 6, 2003 PROJECT: Lots 73A-76 Quantum Park PID / SPTE 03-005 Request for a six month time extension to approved site plan (NWSP 02-016) PROJECT DESCRIPTION Property Owner: Premier Gateway Center at Quantum, LLP Applicant/Agent: Joni Bdnkman of Winston Lee & Associates, Inc. Location: Lots 73-A, 73-B, 74, 75, and 76 of Quantum Park, a P.I.E). Existing Land Use / Zoning: Lots 73-A, 73-B, 74, and 75: Industrial with an Office and Industrial (OI) Master Plan designation / PID (Planned Industrial District) Lot 76: Industrial with an Office - Industrial - Commercial (OIC) Master Plan designation / PID (Planned Industrial District) Proposed Land Use/Zoning: no change Proposed Use: Office / Commercial / Warehouse Acreage: 598,143 square feet ( 13.75 acres) Adjacent Uses: North: CarMax on Lots 77-80 of Quantum Park, zoned PID; South: Ademco Distribution (warehouse) at 3020 High Ridge Road, zoned M-l; East: C.S.X. Railroad right-of-way, and farther east is Interstate 95 right-of-way; West: High Ridge Road right-of-way, and farther west are Lots 56 & 57 of Quantum Park, vacant, and zoned PID. BACKGROUND Ms Joni Brinkman of Winston Lee & Associates and agent for Premier is requesting a six (6) month time extension for the site plan approval (NWSP 02-016) originally granted on November 6, 2002. Additionally, a Minor Site Plan Modification (MMSP 03-058) was granted on August 5, 2003, to allow for phasing of the project and a new driveway connection to High Ridge Road. The property is currently a vacant parcel approximately 13.75 acres in size. The intent of the project, based upon the above-noted Minor Modification, is to construct two (2) 91,367 square foot buildings for office/industrial use. The applicant has however retained the right to construct the facility as one (1) 196,554 square foot building for the same purpose. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to May 6, 2004. Page 2 Quantum Park Lots 73A-76 - SPTE Staff Report Memorandum No. PZ 03-256 ANALYSIS On November 6, 2002, the City Commission granted site plan approval for the above-referenced project. This site plan approval was subject to 24 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for 'a site plan time extension on October 20, 2003, prior to the expiration date. As mentioned earlier, based upon market conditions, the applicant requested a Minor Site Plan Modification to allow the project to be phased by creating two (2) separate free-standing buildings within the footprint of the previously approved single structure. As a result of the modification, engineering plans had to be altered to conform to the new building and site design. The plans were completed and submitted to the Building Division for 'permitting. The Building Division requested revisions be made to the plans, which have since been accomplished and are again under review for permitting. The applicant was uncertain if a permit would be issued by the one (1) year deadline (November 6, 2003) and decided it was in their best interest to make this application for a time extension. The applicant is only requesting a six (6) month time extension based on their anticipation that the permit will be issued shortly. These reasons appear to provide justification and a need for ~. formal request for site plan extension. RECOMMENDATION Staff recommends approval of this request for a six (6) month time extension of the site plan approval (NWSP 02-O16). This recommendation is based on the "good faith" effort shown to build the project, the fact that traffic concun'ency has been maintained, and no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2002. Approval of this request for site plan extension would extend the project's expiration date to May 6, 2004. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process. No new conditions of approval are recommended in conjunction with this site plan extension at this time; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. S:~=Iannlng~SHARF-D~WI~PROJECTS~Quantum Park Lots 73A-76~SPTE 03-00~ reporLdoc LOCATION MAP '- ~uantum t~arK Lots EXHIBIT "A" N. , ...... RIAA' RE~I ( ,. .,, ~o+ ~-'-~ J I ~ i cITY !1 I UANTLI M~ r=A~K] J SIT I/8 M.I.L. EXHIBIT "B; "- EXHIBIT "B" & EXHIBIT "C" Conditions of Approval Project name~ Quan~m Park Lots 73A-76 File number; SPTE 03-005 Reference: Application received October 20, 2003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Coi~a~ents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SSPlanning~Planning Templates\Condition of Approval 2 page revised 2003 form.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lots 73A-76 Quantum Park PID APPLICANT'S AGENT: Joni Brinkman, Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FI 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request site plan time extension for the construction of 196,554 square feet of office/warehouse on 13.75 acres in the Quantum Park PID, more specifically a six (6) month time extension of the approval granted on November 6, 2002 (an extension to May 6, 2004) LOCATION OF PROPERTY: High Ridge Road, south of Gateway Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk VI.-CONSENT AGENDA t'TEM D.7 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon)c [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~r~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Consent Agenda· The Planning and Development Board with a 6-0 vote (1 recusal), recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-276. EXPLANATION: PROJECT: Fire Station #2 (CDPA 03-002) AGENT: David Lui, Deputy Fire Chief OWNER: City of Boynton Beach LOCATION: Woolbright Road approximately 650 feet West of Congress Avenue DESCRIPTION: Request for an appeal of the Land Development Regulation Chapter 9, Section II.J. to permit overhead bay doors to face Woolbright Road for Fire Departmem apparatus bays. PROGRAM IMPACT: FISCAL IMPACT: AL;~~ent D~rector ~~4~~~A~ · '/- C it~ M~nager/fg~ature Plgnning a~d Z-onin~r"~tor City Attorney / Finance / Human Resources S:~Planning\SHARED\WPXPROJECTSXFIRE STATION 2 LUARXCDPA 03-002~genda Item Request Fire Station #2 CDPA 03-002 12-2-03.dot S:~3ULLETIN~ORMSX~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-276 PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf~''~-'''~ Planning and Zoning Director FROM: Ed Breese, Principal Planner ~ DATE: November 12, 2003 SUBJECT: Fire Station #2 - CDPA 03-002 Appeal of Chapter 9 - Community Design Plan (Overhead Doors) NATURE OF REQUEST David Stump and David Lui, representing the City of Boynton Beach Engineering and Fire Departments, are requesting approval of a Community Design Plan Appeal to allow overhead bay doors facing Woolbright Road (see Exhibit"B" - Proposed Elevafions)~ This appeal is being submitted in conjunction with a site plan application (NWSP 03-015). BACKGROUND The City proposes to construct a two-story, 29,234 square-foot fire rescue station/fire administration office building on a 3.98-acre parcel on the north side of Woolbright Road, approximately 650 feet west of Congress Avenue (see Exhibit "A"). According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, Woolbright 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 west of Congress Avenue on Woolbright Road. The restriction of not allowing the bay doors to face Woolbright Road is predicated on the concept that the roadway is very visible and overhead bay doors are unsightiy. Woolbright Road, as well as the other roadways listed in Chapter 9, Section 1 l.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 Design Appeal process is appropriate in this instance because the unique nature of the fire rescue operation and the rapid response necessity. Since in many instances, every second counts, having immediate access to the main thoroughfare (Woolbright Road) can substantially improve the response times, as opposed to driving through a long parking lot before entering the highway. Additionally, due to the long, narrow sliver of property on which this station is proposed, the overhead doors would be in full view of eastbound traffic on Woolbright Road for a much more substantial period than the straight on view being proposed. Ironically, even rotating the building so that the bay doors would be in an east/west alignment Page 2 Memorandum No. PZ03-276 Fire Station #2 CDPA 03-002 would still result in the bay doom facing Woolbright Road, since the curvature of the read as it moves west past the fire station site would act as a secondary frontage on the west (thus still requiring this design appeal). Accordingly, the Architects have proposed a very beautiful building with a great deal of design character (see Sheet A3.1). The mediterranean architecture more closely resembles many of the larger homes being built in our newer subdivisions than apparatus bays of a fire station. They have also proposed painting the overhead doom to match the color of the building, in order that they blend with the building as much as possible, since standard operating procedure is for the bay doom to be closed, thus obscuring any storage, daily operations, or the things people generally find objectionable about open garage bays. Lastly the Architects have designed a lush, colorful landscape theme along Woolbright Road and the front of the fire rescue station to soften any impact from the orientation of the bay doom (see Sheet L1.2). RECOMMENDATION Based on the analysis contained herein, staff recommends approval of this request to locate the overhead bay doom facing Woolbright Avenue. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or City Commission will be placed in Exhibit uC" - Conditions of Approval. S:~Planning\SHARED\WP\PROJECTS~Fire Station #2\CDPA 03-002~staff report.doc Locatio. n Map EXHIBIT A · FIRE STATION # 2 "' 'l '1~ C1 i ' -----x, D PCD i j. ,j I .~l lilli ~"-- 4~0 0 400 Feet w $ ° , . , . ,EXHIBIT "B" o~: o_--~ 0 ~.E'. -n ~ ~, ~ 0 > Z ~ ~ 0 ~ ~ Z 0 ~ m 0 ~ EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Fire Station #2 File number: CDPA 03-002 Reference: Application received 9-17-03 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. s:EPlanning~Planning Templates\Condition of Approval 2 page revised 2003 form.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fire Station #2 APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton Beach BlIvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request Community Design Plan Appeal approval for a fire rescue building with the apparatus bay doors facing Woolbright Road LOCATION OF PROPERTY: Woolbright Road, approximately 650 feet west of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk VI.-CONSENT AGENDA · ITEM E.1. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 ~.0~on) [] January20,2004 January5,2ooa(Noon) [] Marchl6,2004 Marchl,2OOn(Noo~ [] Administrative [] Legal NA _,REOF [] ouncement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation '-' [] Consent Agenda [] Public Hearing ~:~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Consent Agenda. 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 03-265. EXPLANATION: PROJECT: Buchanan Variance (ZNCV 03-019) AGENT: James E. Buchanan OWNER: James E. Buchanan LOCATION: 807 Ocean Inlet Drive DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.A, requiring a twenty-five (25) foot rear yard setback to allow aseven (7) foot variance, resulting in a 18 foot rear yard setback within the R-l-AA single family-zoning district. PROGRAM IMPACT: D eve lopm[~(De'partha~'n~'Director ' f Planning and Zoning l~rector City Attorney / Finance / Human Resources S:\PlanningXSHARED\WP\PROJECTS\Buchanan VarianceXZNCV 03-019XAgenda Item Request Buchanan Var ZNCV 03-019 12-2-03.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #03-265 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: November 20, 2003 File No: ZNCV 03-019 Location: 807 Ocean Inlet Drive (Lot 12 Coquina Cove) Owner: James Buchanan Project: Rear setback variance for an addition to an existing single-family dwelling. Variance Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot rear yard setback to allow a seven (7) foot variance, resulting in a 18 foot rear yard setback within the R-l-AA single family zoning district. BACKGROUND The subject property and surrounding neighborhood is currently zoned R-l-AA, single family residential (see Exhibit ~A" - Location map). The lot was developed in 1960, and it conforms with the current R-l-AA zoning distdct building and site regulations. The subject property is surrounded by developed lots some of which are undergoing renovation as well. The property is located at the north side of Ocean Inlet Drive and has a depth of 98 feet. For comparison, those properties located at the south side of Ocean Inlet Drive have a depth of 112 feet. Some of the parcels on the north side, including the subject property, have rear yards with open views to the Intracoastal Waterway. Staff surveyed the area and it was observed that all properties along both sides of Ocean Inlet Drive appear to comply with the minimum front setback requirement of 25 feet, as estimated by the straight alignment of the front building lines with few exceptions. A nine (9) foot vadance was granted on October 10, 2000 to allow a 16- foot rear setback for Lot #13 to the east. The subject variance is requested in conjunction with a plan to expand the existing single-family home with a second story including an additional one-car garage. It should be noted that previous variances for a front yard setback reduction and the maximum lot coverage were granted for the subject property in February 2003 (ZNCV 02-017). The requested setback variance is only for a rear balcony overhanging on the second floor of the proposed addition to the house. This planned expansion is consistent with new construction and redevelopment projects observed in the subject neighborhood. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: Page 2 Buchanan File No. ZNCV 03-019 a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning districL b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "D" contains the applicant's response to the above criteria.) The subject parcel totals 7,350 square feet, which is less than the minimum 7,500 square feet required for a lot platted before 1975 (the lot was platted in 1952). The lot is considered a legal non-conforming parcel according to the Land Development Regulations Chapter 2, Section 11.1. C. 3. This section of the code allows the development of a lot within the R-l-AA zoning district as long as: the parcel contains one whole platted lot, the lot cannot be assembled to increase the size to a conforming size, and the lot is not less than 6,750 square feet (see Exhibit "B" - Survey). The Coquina Cove Subdivision was platted in 1952 with typical lot dimensions of 75 feet (wide) by 98 feet (deep) for the lots located north of Ocean Inlet Drive. In contrast, other subdivisions throughout the city that are similarly zoned have typical lot dimensions of 80 feet (wide) and 100 feet to 120 feet (deep). The shallow depths of typical lots within this subdivision, when combined with the required minimum rear and front setbacks (totaling 50 feet), may limit expansion design flexibility. Given that the subject property has been improved with a single-family home, and occupied since 1955, and since most other lots along the north side of Ocean Inlet Drive have identical dimensions to the subject lot, criteria items "a", "d" and 'e" are not met. Furthermore, since the propert',y is,..u,,,~,,,,y"' ,,,,~,,,:v~u,: .................. ,=,,u u,-,~ u,~ r, ecessity u,-' the vada,~;e ha~ beef', caused by [he proposed home expansion, condition "b" above is also not satisfied. Regarding the intent of the zoning regulations, and impacts on adjacent properties, staff acknowledges that if the rear setback is reduced, the standard building envelope could be expanded closer to the north property line, thereby theoretically impacting on adjacent properties through reduced light, air flow, and views. The applicant proposes to extend the balcony portion of the second story addition to 18 feet from the rear (north) property line (see Exhibit "C" - Variance requested), which is an additional 4 feet beyond the applicant's existing Page 3 Buchanan File No. ZNCV 03-019 screen room and only 2 feet beyond the overhang/eave of the screen room. It should be noted that the existing rear setback (20 feet) of the subject property is non-conforming. CONCLUSIONS/RECOMMENDATION Staff recommends that the subject request for rear variance be denied, due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements on a standard platted lot. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "E". Staff should indicate that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this cdteda placing greater emphasis on the magnitude of the proposed improvement, economic potential and characteristics of surrounding properties. For this reason, and to indicate the consequence of denial, staff offers the following information for consideration: 1. The redevelopment potential of this neighborhood, as evidenced by newly constructed and redeveloped homes in the area, tends to encourage similar improvements regardless of lot constraints; 2. Although the proposed variance would allow relatively minimal improvements, it would allow the value of the improvements to more closely match the value of the land as well as the value of other improvements in the neighborhood; 3. The proposed variance would allow physical improvements that are needed to accomplish certain architectural design goals related to the second-story addition, without negatively impacting adjacent or nearby properties (the rear setback variance would allow the home to simply encroach toward the Intracoastal Waterway, and that additional 2 foot encroachment is an open-air balcony); 4. No objection from adjacent property owners has been received by staff; and 5. As noted earlier, the lot to the east was granted a nine (9)- foot variance for the rear setback to allow a 16 foot rear yard in October of 2000; 6. Rear setbacks regulations are being evaluated as part of the Land Development Regulations rewrite, and preliminarily, the subject circumstance would be one that staff desires to have accommodated by future amendments. MPJmda J:~SHRDATA\Planning~SHARED\WP\PROJECTS\Buchanan Variance~NCV 03-019\STAFF REP.doc Location Map EXHIBIT"A" - ~ 'BUCHANAN VARIANCE .... i i LAKE WORT~CWW I I !1 BOYNTON CANAL C-16 N i ~r.r. 5I-f~.~.T ONE OF TWO FOR AODITIONA~'-m' .i , ' . · .... .::?.'~.~....~ LNOTES AND PROPERTY DESCRIPTION I ':i: J .~ ~ ~r ~ ~ ~ ~ ~m~ ~~ i~1~~." '"'""' ''" ~ m,,~em,'m~. - --1 ':~. I .... · ~ ~ m' ' ,Ii., .. . *~ .~0 ~ I~E~AI,g~i ~- ~i~ ~ o~ ,~' '..~ .. ""~' ~ · I 'i~' EXHIBIT ' ~ EXHIBIT "C" . t · :' ~~t ...... .. . : EXHIBIT ,,D, VARIANCE APPLICATION Buck and Susan Buchanan 807 Ocean Inlet Drive Boynton Beach, Florida 33435 .STATEMENT.OF SPECIAL CONDITIONS A. Special conditions and c/rcum~tances exist/ng that are peculiar to this property are the size of the lot and its location on the Intracoastal Waterway (ICW). This lot is. on the north side of Ocean Inlet Drive and is 75 feet wide but only 98 · feet deep. The lots on the south side Of Ocean Inlet Drive are also 75 feet wide but are 112 feet deep. If this lot were as deep as those on the south side, a variance would not be needed for the contemplated expansion of thi.~ home. Further, this property is located directly on the ICW and has a wide water view to the B°ynton Inlet with no houses to obstruct that view. The properties on the south side are located on a canal which is not as desirable but can accommodate a larger house because of the greater depth of the lot. The original developer erred in not sizing the lots suchthat the more desirable lots on the ICW could accommodate as large or larger homes as those on the canal. B. The special conditions and.circumstances discussed above are not the result of the actions of the applicants since · the lot size is the same as it was originally platted · the home was built by others in 1959, and · the applicants did not purchase the home until 1987. C. Granting the variance will not confer a special privilege on the applicants because it will allow the creation of a structure consistent with new and remodeled homes in the neighborhood, some of which have obtained variances or were originally constructed with less of a setback. In fact, the adjacent property to the east was constructed within the past year with a rear variance of 9 feet and a from variance of 5 feet for a two story structure. The variance requested here is for a rear variance that will only affect overhangs and not affect the footprint of the residence. · -' ,,.- EXHiBiT- Curremly the edge of the screened porch is 22feet and the two-foot overhang of the roof20 feet l~om the rear property line, well within the 15 feet in the ori~nal deed restriction but now non-complying. The variance being requested is to allow for an additional two feet into .the current setback for overhangs. D. Literal interpretation would deprive the applicants of rights commonly ,enjoyed by other properties in the neighborhood and would cause undue hardship for the following reason. The primary impetus for the remodeling project is to prepare to accommodate an aging mother. Given the design of the house and the lot size, the only way to accomplish this is to add a second story. For reasons of aesthetics, function, and value, the current screened porch will have a second story porch above it which will serve as the roof for the screened porch. In Order to better protect the screened porch from the severe weather from the north, it is necessary to extend this second story porch an additional two feet beyond the current roof overhang thus providing a four-foot overhang to shelter the screened porch. This two-foot projection beyond the current roof overhang results in a variance of seven feet and a setback of 18 feet. Denying the variance would negatively affect the utiliW, value, and overall aesthetics of this remodeling project. E. The 7-foot variance (two feet beyond the current stru~) is the minimum needed to shelter the screened porch, an integral element in the open-a/r, flow- through design of the project. The intnmion into th~ ~ethn~ir ia minimal ~inpt~ if off',n~ nnlx, ,-,.,,,~,.I.,o .... ,,I .I,..,~,~ not affect the footprint of the residence. EXHIBIT "D" F. The variance requested is not injurious to the area involved or detrimental to the public welfare. In fact, it would have a positive effect. The adjacent neighbors to the east and west will be unaffected because in both cases their garages face this property, and they have no windows facing this property. Further, dense vegetation separates the properties. The new structure will be more attractive and impressive than the current structure and will add value and beauty to the neighborhood. It will take advantage of the natural environment and breezes, have a Florida style with a large amount of outdoor living space, be harmonioUS with the environment, and, be one of the' most beantififlly designed and landscaped residences in this emerging neighborhood. EXHIBIT "E" Conditions of Approval Project name: Buchanan Variance File number: ZNCV 03-019 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None x ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SSPlanning~SHARED\WP~PROJECTS~Buchanan Variance~NCV 03-019\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Buchanan Variance APPLICANT'S AGENT: James E. Buchanan APPLICANT'S ADDRESS: 807 Ocean Inlet Drive Boynton Beach FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot rear yard setback to allow a seven (7) foot variance, resulting in a 18 foot rear yard setback within the 1:{-1-AA single family zoning district. LOCATION OF PROPERTY: 807 Ocean Inlet Ddve DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\WP\PROJECTS~uchanan Vadance~ZNCV 03-019\DO.doc VI.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORIvl Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 Decernber 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20,2004 January 5, 2004 (Noon) [] March 16,2004 March 1, 2004 (Noofi)i~,.~O [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] eublicHearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Release cash bond of $3,500.00 to Leighton McGinn Company for the project known as the Survivor Charter School. EXPLANATION: On August 5, 2003, the Building Division sent to the Finance Department a cash bond of $3,500.00 for the completion of the permitted work on the balcony canopy at the Survivor Charter School located at 1325 N.W. 22na Avenue. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNAT~ Quintu~"~.. ~reel~e, Deve~cp~ment Director ~ignature Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE OF OCCUPANCY PERMANENT Issue Date ...... 10/31/03 Parcel Nu~er ..... 08-43-45-17-07-000-0190 Property Address 1325 ~ 22~ AVE BOYNTON BEACH FL 33426 Subdivision Name Legal Description QUANT~ PK AT BOSTON BCH PL 2 LT 19 & LT 19-A OF TR H Property Zoning .... PLANNED I~USTRIAL DEV. Owner ......... QUANT~ LTD PAR~ERS LTD Contractor ...... LEIGHTON MC GINN CO 561 863-4455 Application nu~er 03-00000547 000 000 Description of Work COMMERCIAL BUILDING Construction t~e TYPE IV/1 HO~ PROTECTED Occupancy t~e .... EDUCATIONAL Flood Zone ...... C FLOOD ZONE/MIN FLOODING Special conditions SURVIVOR CHARTER SCHOOL FINISH FLOOR ELEV 14.5' AS IDENTIFIED ON THE FLOOD ELEVATION CERTIFICATE FLOOD ZONE A-5 BASE FLOOD 11' Approved ....... Buil~~ Official VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-162 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official DATE: August 5, 2003 SUBJECT: CASH BOND - SURVIVOR'S CHARTER SCHOOL (BALCONY CANOPY) 1325 N.W. 22na AVENUE Attached is a Cashier's Check for $3,500.00 fi:om Leighton McGinn Co. This is a cash surety for Survivor's Charter School and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter fi:om Kenneth R. CarlsOn, P.A. and check XC: Timothy Large, Building Code Administrator Permit File # 03-547 EXHIBIT "B" S:~DevelopmenfiBUILDINGkMemos~Cash Bonds - 2003\Cash Bond - Survivors Charter School (Canopy).doc · ' EXHIBIT "C" KENNETH R. CARLSON- ARCHITECT, P.A. Ii BI AA C001878 Suly 31, :2003 Mr. Don Johnson Chief Building Official City of Boynton Beach Building Department 100 E Boynton Beach Blvd PO Box 310 Boynton Beach, FL 33425-03 I0 Project 02-163 Survivors Charter School Re: Balcony Canopy Dear Mr. Johnson: It was brought to my attention that the owner and contractor of the Project have ordered the canopy cover for the rear window and it will not be ready for installation for another several weeks. The e~fimated value for the canopy is $3,500. It is my understanding that they will install the canopy at a later date. If you have further questions, please feel flee to call. :Sincerely, Kenneth IL Carlson Architect- P.A. EXHIBIT "D" One WestCaminoReal, suite218 · Boca Raton, FL33432 · phone(561)368-7798 · fax(561)368-6776 o www. kencarlson.com VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Fumv Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ~ cn'~'¢,~ RECOMMENDATION: Release cash bond of $18,544.90 to Matthew O'Connor for the project known as Survivor Charter School. EXPLANATION: On August 5, 2003, the Building Division sent to the Finance Department a cash bond of $18,544.90 for the completion of the permitted work for the project known as Survivor Charter School located at 1325 N.W. 22nd Avenue. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES~r~ Quintus l~re~he, 'I~ev~lop~entlOirector City Manager's Signature Development Department ~~..~ Depamnent Name City Attorney / Finance / Human Resources S:XBULLET1NLrORMS~,AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 PERMANENT Issue Date ...... 10/31/03 Parcel Number ..... 08-43-45-17-07-000-0190 Property Address 1325 NW 22ND AVE BOYNTON BEACH FL 33426 Subdivision Name Legal Description QUANTUM PK AT BOYNTON BCH PL 2 LT 19 & LT 19-A OF TR H Property Zoning .... PLANNED INDUSTRIAL DEV. Owner ......... QUANTUM LTD PARTNERS LTD Contractor ...... LEIGHTON MC GINN CO 561 863-4455 Application number 03-00000547 000 000 Description of Work COMMERCIAL BUILDING Construction type TYPE IV/1 HOUR PROTECTED Occupancy type .... EDUCATIONAL Flood Zone ...... C FLOOD ZONE/MIN FLOODING Special conditions . SURVIVOR CHARTER SCHOOL FINISH FLOOR ELEV 14.5' AS IDENTIFIED ON THE FLOOD ELEVATION CERTIFICATE FLOOD ZONE A-5 BASE FLOOD 11' Approved ....... ~ '~ Buil~~g~ Official VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DMSION MEMORANDUM NO. 03-161 TO: Diane Reese, Finance Director Don Johnson, Building Official~ FROM: DATE: August 5, 2003 SUBJECT: CASH BOND - SURVIVOR'S CHARTER SCHOOL - 1325 N.W. 22"d AVENUE Attached is a Cashier's Check for $18,544.90 fi.om Matthew O'Connor. This is a cash surety for the Survivor's Charter School and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. 'Upon completion of the deficiencies of the 'permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Alton L. Harvey, P.E. and check XC: Timothy Large, Building Code Administrator Permit File # 03-547 SADevelopment~BUILDINGhMemos~Ca~h Bonds - 2003\C~h Bond - Survivom Char~ School.doc EXHIBIT "B" Banl~OfAmerica. ~- Cashier's Check · No. 3 0 2 71 8 9 ~.tu,~-.- ..... .'~"::--~'"w-":'~_~-"--ui~-"-.~tun"-~'-.~am~"~'""~"-~ul~l~ll~~ ~l~:~B,~ ~ -='---~ ....... ~.,~l~ ~, ,~ I . '-.. ... . - ..., . - , .' . ~- .~:-.~... · '~"...:/r. ,. ~.~"~. . --..'c..~'~,.'~ ..." ~' r, ' . · ~' . .' ." ',". ...... -~ . ,'.' '-'.~::,~'~'~. ~' '"':~ , ........ .. . .~,.~ ~ .... ~ . . ,. ;~. -.... ~ .... .. .. ...... ~ : .....?. . ~ . ... ~.. ~ ~ ·., ..: ... ..,. ~ , , . ~ ~... ~-. , .. ,. . . ., = . . ,. ::";,"~'~:"';:~::' i"'?::"h~' .. ' ' ' Boyn'tan'Beac~,'Fl'o'"da" - ;- ' ' ~ ' . ~ .... ,?;.'' '' . .. ~':' .... l .' "'. '~_. :'.' "- .. '~--"~ ....... :' . . '- . ' /:,~" ' · ' I · ' . ' '" '.' ~' ~ ' . .'' .", ' ' ~ ' ......' .,. ]-.~. __ ~ . - , .:. -':.: ':::.::.~:.'.'..~:..::. :._:~. :-. -....:.. : ~:, <. .~: '-..,..-.. ..--.'.-~ ... : .':: .:- ~ _- .... - ~ . ...? .'.-' ~ -~. . .~ . ~.~-~ - '.:.._- ... . :. =. ,- ,.~. ~....:... .<. . .:.- .. ,- -.... . · .- .-.. ,. : . : ..... ~.'"'~- ' ,L-:.:~-...~ "6':... %' ." . :7, ~ .."~.~' ~. '~-~- ,.-- .. .'- - .,-. ,"~ ~.; .~'.,.: ,' · ...... -. . . ~, ~ -,.~: : ~'~ , .,. · ..-,:;~... - '...~.~',~ ,' ' · "."~'~:-' ~.; .,'=' ', :~":-'- ' -' ..-. -"~."""=', *;':..' ' ':~',.. :'- ~"':. '.-~:~' -.? ~',",'~ -' '=,:'~' .~'-.':.~J~.' /" .".=' '_~'':5- '.-' ~' '. ' "~-' "-.' ~'"."~- · ' ~:~ '-' ' · " ' "" '~ " ~ '. ' w ' - ~ '~. -.' ', '-=~ .:"'"."""~t ', ~/~ :~"' : .~: '%%: ' ~' ~- : :'~ . : . -,. . ~:. .. =. .. . .. - . ',. : ~ · ,. ~. ..-,. . ,'. = ,-, . :.... · ..;. . :.". ;, .-. '. " ' ' ' E~IBIT "C" ..... , - ~ ., . :?' : ..' ,,. .-.' . .:"~ ., ENGINEERS 'INC. C IVl LI~TION ENGINEERED Jul:3~ler · ~ · $llJarl e Talla~ ~ Ju~ ~, ~3 ~. ~ SHE~: 3 I~ ~ TO: ~: ~0'~ F~N~: (~1)272~6 P~~ (561)212~2 ME~E: M~, h~p. ~ ~t ~ ~ E ~ ~ any ~ns ~ E ~ r=cd an~ el~. EXHIBIT "D" "' QUANTUII PARK-LOTS 18, 19, 18A & 19A SURVWOR..CHAml;R SCHOOL ENGINEER'S OPINION OF ANTI~PATED CONSTRUCTION CO~TS 'leer~ to be Constructed at a Lal~r Date' Deecdplion .... Qua unit Unit P _r~e__ T~_~_I MobiFEatJon I LS $ 3~35Onn Site GracFmg ....... . ,1 , LS $ 850.00 $850.001 , Asphalt , 1.277 s,y $., 4.50 ~5.746.50 signa~e and SUtping 1 LS $ 85O. OO .S8~0..00 Cult) 295 LF $. 7.50 ~.~_12.50 Lmdscape ' Leaer of Creda to Cover Cost of Cormmcaon iS .FIo~i~ Regi~ N~. 2.1'642 Cmech Engineer~, Inc. '" ': EN GIN EE I~$, .! N C, Board of Proresskma~ Eng',~eers, ,C'~--.',,,q._.:z,,~'r,.L-'~..,d ,~.,,d,:=~...,d.~r~,~tt:~, Cmlificate of Authofization No. 5139 (772) 283-1413. Fax (772) 2207881 EXHIBIT "E" VI.-CONSENT AGEN DA ITEM H. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January20,2004 January 5, 2OO4 (Noon) [] March l6, 2004 March l, 2OO4 (Noon) ~ ~.,< [] Administrative [] Legal 12o ~..< NATURE OF [] Announcement [] New Business ~' cr;~z:J AGENDA ITEM [] City Manager's Report [] Presentation CD ~n [] Consent Agenda [] Public Hearing Co [] Code compliance/Legal Settlements [] Unfinished Business -~1 rrl:~ RECOMMENDATION: Approve the surety and excavation of more than 1,000 cubic yards as requested. EXPLANATION: The Quantum Village Townhomes project (aka Canterbury at Quantum Park) requires the excavation of more than 1,000 cubic yards of fill (to develop their building pads) which requires commission approval per chapter 8, article IIIA2. Attachments: (2) PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Approve the surety and excavation with conditions. - ' Departmln~eaX~ignature City Manager's Signature PUBLIC WORKS/ENGINEERING DIVISION Department Name City Attorney / Finance / Human Resources S:XBULLETINLFORMS~GENDA ITEM REQUEST FORM.DOC A STANDARD PACIFIC COMPANY November 17, 2003 Ken Hall City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Quantum Village Dear Ken: ,~ Enclosed is a cash bond in the amount of 8,600.46 for excavation/fill for the above referenced project. If you have any questions, please call. Sincerely, MAB/ Enclosure .44291 Cltyaatienal Bank 6,3-436/660 & TOO?VNI~ 0 F F L 0 'R I D A the or~er of WESTBROOKE COMMUNITIES~ INC. _ ,'ObbEq'I:B"'+~IO~OObS~?~I ISOOOOOOSO~ ENGINEER'S OPINION OF PROBABLE COST WORKSHEET c~,i,. 6~a~o, ~,,,~a,,~. ~,. DATE ~v,~, so~,,~o,s n,,,~.,~ 11/7/2003 PROJECT TITLE ]CGA PROJECT NO.. Quantum Village[ 02-2544 LOCATION . Highridge Road Just North of Gateway Boulevard OWNER Westbrooke Companies Inc. ESTIMATED BY MAR CHECKED BY MAR APPROVED BY MAR UNIT PRICE ESTIMATED DESCRIPTION QUANTITY UNIT MAT. & LAB AMOUNT RESTORATION Minor Site Grading 15.6 AC $100.00 $1,560.00 Seed and Mulch 25168 SY $0.20 $5,033.60 Tree Relocation 7 EA $175.00 $1,225.00 , fOTAL Restoration $7,818.60 SUMMARY RESTORATION $7,818.60 SUBTOTAL $7,818.60 GRAND TOTAL = $7,818.60 110% of Grand Total for Leter of Credit/Bond $8,600.46 Mobilization and Contingency not included Calvin, Giordano and Associates Page 1 of 1 COST ESTIMATE FORM VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation :~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ;; RECOMMENDATION: Authorize the use of Community Investment Funds for the Head Start Scholarship Program - $500 and American Legion Girls State - $400 requested by Commissioner Mack McCray. EXPLANATION: Commission approval for allocation of community investment funds to the Head Start Scholarship Program and American Legion Girls State. PROGRAM IMPACT: Allocation of funds will assist the above programs. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,000 in Community Investment funds to allocate subject to Conimission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature ' ~'~ty l~a~ager s Signature Depat hncnt Name City Attorney / F/nance / Human Resources SABULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: November 19, 2003 Requested by Mayor/Commissioner: Commissioner Mack McCray Amount Requested: $500.00 Recipient/Payee: Head Start Scholarship Program Description of project, program, or activity to be funded: Fund was established to assist students graduating fi.om high school to continue their education at a college or university. Dated:/'/-oTt~-0~ By: ~l~k~X~~', _; . Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $ 0 has been used to date by the requesting Member, leaving a balance of available funds of $12,000. This request would bring the available amount down to $11,500. Accordingly: ~r' There are funds available as requested c2 There are insufficient funds available as requested. Dated: I]-~b-t~3 By: ~ ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and c~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\City Mgr'~AdministrationWIAYORCOM\Community Investment 03-04WlcCray-Head Start Scholarship 12-2-03.doc, 11/19/2003 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: November 19, 2003 Requested by Mayor/Commissioner: Commissioner Mack McCray Amount Requested: $400.00 Recipient/Payee: American Legion Girls State Description of project, program, or activity to be funded: Provide citizenship training for young women completing their junior year in high school within the State of Florida, to afford them thc opportunity to live together as self-governing citizens and to inform them of the duties, privileges, rights, and responsibilities of American citizenship in order that they may understand and participate in the functioning of their government. Dated://-R~9~0 ~ By:~~' ~)a/o q/~ City C~lerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $ 500 has been used to date by the requesting Member, leaving a balance of available funds orS11,500. This request would bring the available amount down to $11,100. Accordingly: ~ There are funds available as requested ca There are insufficient funds available as requested. Dated: I[-oqO~03 By: ~ ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ca Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\City Mgr'xAdministrationhMAYORCOM\Community Investment 03-04XlVlcCray-Girls State 12-2-03.doc, 11/19/2003 VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM J. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci_ty Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 FebrnaD' 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: A motion to approve the "SURPLUS COMPUTER EQUIPMENT" (Monitors ambCl~ as submitted by the Warehouse and allow for the donation of same to the Community Development Ceni~, I~'r'n"~' Boynton Beach. EXPLANATION: Procurement Services has reviewed the "SURPLUS COMPUTER EQUIPMENI~"~LI~s submitted by Dominic De Mauro, Warehouse Manager (see attached memo) and has determined thal~om~ty Development Center, Inc. of Boynton Beach is a non-profit (501C(3) whose target population is the "Head bf B~oh "area. The computers will be used in their Employment Program whereby their clients will be able to learn ho~ to prepare resumes and job inquiry letters. PROGRAM IMPACT: The donation of surplus computer equipment to this non-profit organization will better serve our community and assist our residents in seeking employment. Deputy Director of Financial Services ~- ' 'City'M-anager's Signature Procurement Services .~a~w.- Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC C: Hoyt Johnson - Finance Cathy McDeavitt - Assistant to the Director of ITS File ~CE~V~D NOV 0 $ 2003 ~-' i:~. O C U ~ E. IVl E i,,~ T SERVICES The Ci~ of ~ Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Atkins, Deputy Finance Director FROM: Dominic DeMauro, Warehouse Manager DATE: November 6, 2003 SUBJECT: Donation of Surplus Computers Bill, please go to commission for permission to donate 16 surplus monitors and 13 surplus cpus. Please see the attached memo from Rev. Clarence Ellington, Jr. (a non-profit organization located in Boynton Beach). CC: Diane Reese - Finance Director Cathy McDeavitt - Assistant to the Director of I.T.S. "MAKING A DIFFERENCE" October 30, 2003 Peter Wallace, Director Information Technology Services City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mr. Wallace: It is my understanding that your department has computers that you would like to donate. R. M. Lee C. D. C., Inc. is a non-profit, 501(c)(3) whose target service population is the "Heart of Boynton" arem Our CDC would like to be among the many deserving agencies that you will be considering for this donation. We will use the computers in our Employment Program thereby allowing us to provide greater services to "Heart of Boynton' residents. Specifically, the addition of computers will allow us to help clients prepare resumes and job inquiry letters. Once we are able to add intemet services clients will also be able to use them to conduct employment searches online. Thank you in advance for your consideration. I can be reached at (561) 732-4042 if you have any questions regarding this request. S~on, Jr. Executive Director P.O. Box 370 · Boynton Beach, FL 33425 VII.-CODE - LEGAL SE'I-I'LEMENT CITY OF BOYNTON BEAC! ITEM A. AGENDA ITEM REQUEST FO .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December l6, 2003 December l, 2003 (Noon) [] Febmaryl7,2004 Febmary2,2004(Noocta~fi~C,~ January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (No~ [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon)lnO [] Admimstrative [] Legal ~ NATURE OF [] Announcement [] New Business eaa AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to pay William J. Fogarty for settlement of motor vehicle accident of October 23, 2003, in the mount of $13,000.00. EXPLANATION: On October 23, 2003, City employee was operating City vehicle on 1-95 northbound past the Lantana Road interchange. City employee was unable to bring vehicle to a stop for traffic, and struck Fogarty's vehicle in the rear, pushing that vehicle into another vehicle. No bodily injury claim has been made. Settlement amount is to cover repairs ($11,961.15), transportation ($945.00), a lawn chair ($20.00) and incidental expenses ($73.85). No attorneys have been involved in this claim. PROGRAM IMPACT: Litigation, settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department FISCAL IMPACT: Settlement will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. '-~'~nt l~e Vigna'tt~re RISK MANAGEMENT Department Name ~ City Att4)~e't~ / Finance / Human Resources CJM/ClaimauffFogartyW01.dot S:kBULLETIN~ORMS'xAGENDA ITEM REQUEST FORM.DOC SETTLEMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS that Bill Fogarty, for the sal~ consideration of the sum of Thirteen Thousalxi Dollars, ($13000.00) paid by the City of Boynton Beach, receipt of which is hereby a~owledged, docs hereby release, acquit and forevar discharge the City of Boynton Beach, its officers, directors, agents, attorneys, employee, s, associated companies, affiliates, and subsidiary companies, of and from aw and al! claims, causes of action costs and clem~nds of whatever llamc or tmturc alld ally inattcr arisiltg or growillg out of or on account of a loss which occurr~ as a result of accident at or near Boynton Bcacl~ FI. on or about October 23, 2003. THE UNDERSIGNED ACK. NOWLEDGB t.h~t the consideration shown above is in full payment and satisfaclion of the claim or cause of action described above and that no other promise has b~n made by th~ City of Boynmn Be. ach, a~ of its office~, directors, agents, attorneys or cmployw~s, and that this is a compromise scttlcxmnt of any and all liability of thc City of Boynton Brach and its officers, directors, agr~ts, attorneys and employees, and all persons who may jointly and severally be liable with them. This release and th~ payment r-~de is not to bc constru~ as an admission of liability, all liability being expressly denied. of /'" .... Wimps: Notary Public ~" l~EMBER I.A.D.A, iN-T£RCITY A~TO APPRAISAL SERVICE, INC. .5820 S. DIXIE HIGHWAY 561-586-202~ ~ 561-586-1279 954-764-6494 954-428-2970 EST~ C~ INACTION C~ % 37294 ~LICY ~ - IN~D CITY OF ~0~ ~ L~S DATE 10-23-O3 INSPECTI~ WO~ P~ (561) 586-2023 ~ (561) 586-1279 ~D~SS 58~0 SO ~IXIE ~Y ~SP ~TE 10-24-03 BILL ~TY ~A~ A~ ~IC SHOP LIC~ ' 827 S ST ~ 7 S~P ~ (954) 968-4800 2003 ~ L~~ SPO~T 4 ~ ~N ~ ~OL~ 3.7 " OPTI~ ~Y ~ B~ ~~ 11,355 C~ITI~ ~~ ~ 1J4~4~43W653450 LI~ % - COmE ~25 OP CODES = -1- 2003 ~EP L~BERTY SPORT 4 DR ~0N ~T~ 10-28-03 C~ ~ 37244 IT ~ P~TI~ ~PAIR I ~ ~PAIR L = ~INISH BR = BLeD ~IS~ TT = TW0-T~ CG - ~IP~D S~ = S~T N = ~DITI~ ~ RI =' R&I ~S~LY OP ~E ~ DESC~PTI~ 0007 CO~, ~ B~ 507348~ 43S. 00 0.7 1 0007 CO~, ~ B~ ~FINISH 3.5 4 2.4 Surface 0.6 ~-sta~ set~ 0.5 ~-stage 0069 ~~, ~ ~ER 5515g0~ 65.10 I~ 1 0028 ~IL~ ~~y 5515660~ 180.00 0.2 ~fl28 ~Z~ ~~LY ~Z~ ~. 5 4 2.1 S~f~e 0.4 0029 INS~, ~IL~ 55156609~ 43.10 ZNC 1 0042 ~~ ~S~Y RT 55Z55808~ 234.00 INC 1 0973 ~S ~ ~DITI~ ~R 0.5 1 0083 P~L,H~D ~F~ISH 3.1 4 0.5 ~-s tag~ 0104 ~~ ~ RT ~R 3.0 0104 ~,~ RT ~I~ 1.6 i. 3 Surfaoe 0.3 0558 07 ~D ~,~ ~ LT 508085~ 455.00 11.6 1 0558 SD ~IL,~ ~ LT ~F~ISH 0.6 4 0.5 S~fa~ 0.1 ~o-s~e 0559 07 SD ~L,~ 05S9 SD ~,~ 0.5 S~rface 0. i ~o-staqe 0360 N/P~,~ ~R LT 551~6604~ 25.25 0.~ 1 0361 N/P~,~ ~ RT 5515660~ 25.25 0.2 1 0336 P~, ~~R LT 507288~ 227.00 0336 P~T.,~TE~ LT ~FZNZSH 4.1 4 03~7 P~T., ~T~ aT 507288~ 227.00. 13.3 1 0337 P~, Q~T~ RT ~ISH 3.7 4 2.3 S~face 1 0280 O1 ~,~T. 0~~ LT 5~0~~ 73.00 I~ I -2- 2003 ~EP LIBERTY SPORT 4 DR C~ ~ 37244 ~TE 10-28-0~ LOG -C 0~81 ~,~EL OPENING RT 5G~O2HS~ E 0471 N/~,~~TE 55156554~ ~0.70 0.2 1 E 0472 N/P~TE, T~T~ 5515627~ 11.85 0.2 1 E 0019 01 ~EL, T~L~TE 5536049~ 2.70 0.1 1 E 0257 CO~,T~~ H~ ~T 5~360367~ 3.9~ 1 E 0258 C~,T~T~ ~ ~ ~536036~ 4.00 1 NG 0477 ~S, TAI~ ~D ~S DB999I-~ 838.30 0.3 1 0469 ~,~L~. ~ L~ 553~217~ 2'~.70 0.4 1 0470 H~,. ~TE. ~ 0431 ~D,~I~ ~S LT 553~17~ 33.25 INCI 0432 ROD, ~~ ~S. 0488 ~,~ WI~ 506696~ ~1.7~ O. 1 1 0490 M~OR,~L~ WI~ 5515588~ 129.00 INC 1 0500 P~,~ B~Y ~ 55360227~ 289.00 0500 P~,~ BODY LO~ 0.5 Surface O. 6 4 0. ~ ~-stage 0574 ~,~ ~ SILL ~ 5517684~ 131.00 0.6 1 0574 P~~ ~ SILL 0. 0.1 0580 P~L,~ BODY SILL 5536037~ 23.85 i 0 1 0580 P~, ~ ~ODY SI~ 1.0 S~fa~ 1.2 0S89 P~,~ ~ 5536001~ 432.00 22.0 1 0S89 P~' ~ ~ ~~~ 1.8 4 1.5 ~rf~ 0.3 ~o-stage 0487 B~T, SP~ TZ~ ~I 55~5593~ 62.70 0.2 1 0503 C~R, Sp~ T~ 0503 ~R, SP~ TI~ ~F~ISH 0.2 4 0.Z S~face 0468 01 P~,~ BODY SI~ ~73WL~ 24.10 INC 1 0479 $~T.~.,~ DO~ ~517693~ 400~00 2.~ 1 0479 S~,~ ~ ~F~IS~ 3.2 4 0.2 TWo-stye 0467 W/STRIP, ~ ~ 5517695~ 50.70 0.5 0526 ROD,~ DOOR ~ 55360170~ 41.25 INC 1 0491 ~~'~ ~ 5536033~ 74.~0 INC 1 0~81 HIN~,~ D~ ~PER 52850558~ S6.85 INC 1 0481 H~,~ ~ ~PE~ ~FI~SH 0.4 4 0.3 Surfa~ 0.1 048~ R~,~ ~ L~ S2850S~9~ 61.25 ~C 1 0.3 S~face 0 ~ 1 ~o-st~e ~o/zv/zoo~ 09:59 I~'A~ 15~1§154449 GB~PB ~006 2003 ~EP LIBERTY SPORT 4 DR ~ON ~IM ~ 37244 DATE LOG 0100 CYL,~K ~R L~K 501368~ 32.75 0.~ 0~33 T~L~P ~S~LY LT 55155829~ 117.00 INC ] 0534 TAIL~p ~S~LY RT 5515582~ 123.00 0565 B~ER, ~ 5515596~ 84.00 I~ 1 0455 C~,~ B~ER 5G458~ 225.00* 0.4 O455 C~R, ~ ~~ ~F~ZSH 2.2 S~face 0~42 04 P~,~ B~ S~ LT ~155997~ INC 1 0543 P~,~ B~ER S~ RT 5515599~ 86.60 INC 1 M16 COLO~ ~ ~FINISH 3.0*4 M31 SET-~ FOR ~I~ ~p~ 3.0*3 ~ P~ TO ~P~ ~~E O~ 8.0'1 R/I ~ TO ~NT ~ITIO~ ~OR 5.0'1 RT ~ ~ ~ ~~E O~ 302.00* 0.5'1 MC MESSAGE 01 CALL DEALER FOR EXACT PART # / PRICE 04 PRICE NOT FET AVAIl, CALL LOCAL DF~T.RR 07 STRUCTURA~ I~ART AS IDENTIFIED BY I-CAR FIliAL CALCULATIONS & ENTI~Tm~ PARTS GROSS PA~TS ~ 5,291.80 OTHER PARTS $ B38.30 PAINT MATERIAL $ 666.00 AD3735 TMENTS DISCOUNT ~ PA~TS TOTAL $ 6,796.10 TAX ON PARTS & MATERIAL @ 6. 000% $ 407.77 1-SHEF,.T Im~_TAL $ 34.00 81.2 14.5 ~ 3,253.80 2-MECa/. ELEC $ 65.00 3-~ $ 34.00 *3 . 0 $ 10:2 . 00 4-REFZNZ'SH :~ 34.00 33..3 S 1,132.20 S *--P~,,NT $ 20.00 ~%BOR '~OTAL $ 4,488.00 TAX ON LABOR @ 6.000% $ 269.28 TAX ON SUBLET 8 6. 000% SUBLET REPAIRS TOWING STORAGE ='ROSS TOTAL $ 11,961.15 -4- ~u/,:~/zuuo J.U: uu ~m,~ J.~A~].5444tl GB~'PB ~ 007 2003 ~p LIBERTY SPORT 4 C~ ~ 37244 ~TE 10-2e-03 LOG - 0 ~ ~E~RO W0405 ES LOG -0 10-2~-03 08:52~45 ~ 4.05 SW09/03 DTiO/O (C) 1993 - 2003 ~p ~ SOL. IONS GRO~, INC. ~FINISH o~-~X, ~TERIOR S~S. S.812 014 ~I~ ~~- _-- THIS IS NOT AN AUTHORIZATION TO REPAIR. AUTHORIZATZON COMES FR(~ OWNER. NO SUPP~Ts NITH~JT PBXOR APPROVAL. 1'~/S ESTIMATE K~S m~N PREPARED ~4.~ED ~ ~ USE OF ~H P~TS S~PLZ~ BY.A SO~ O~R ~ ~ ~C~ OF Y~ MOT~ ~~. T~ ~T ~ P~TS USeD IN ~ P~P~TI~ OF ~S ~~E ~E ~D BY ~ ~O~ ~I~E. -5- VIII.-PUBLIC HEARING TTEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] Febma. 3, 2004 January 19, 2004 (Noon~ [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noor0J~ [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) ~ [] Administrative [] Legal :1:: NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 6 to 0 vote (one recusal), recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-226. EXPLANATION: PROJECT: Mangrove Walk Alley (ABAN 01-004) AGENT/OWNER City Initiated LOCATION: 600 & 700 block of NE 86 Avenue and NE 9t~ Avenue DESCRIPTION: Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision. PROGRAM IMPACT: FISCAL IMPACT: Develol~en~Deptrtment-I~iro~tor ture J nnm g ' City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS'uMangrove Alley Abandonment'~Agenda Item Request Mangrove Walk Alley ABAN 014)04 12-2-03.dot S:XBULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-226 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumplj~~ Planning and Zoning Director FROM: Maxime Ducoste-Am~d(~e i~'t'~· Planner DATE: November 12, 2003 SUBJECT: Abandonment of a 15-foot wide alley running east-west in Block 4, Lake Addition to Boynton (ABAN 01-004). NATURE OF REQUEST The City of Boynton Beach is requesting abandonment of an unimproved 15-foot wide alley right-of-way located between N.E. 8~h Avenue and N.E. 9th Avenue. This abandonment is for the following unimproved alley segment: A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line of N.E. 7~h Street, on the west side by the northerly projection of lot 27 of said Block 4. The location map attached as Exhibit "A" shows the general vicinity of the alley right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" is a survey of the subject property, which indicates its proximity to adjacent properties. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North A single-family neighborhood, zoned R-l-A, and farther north, is N.E. 9th Avenue right-of- way; South - A single-family neighborhood, zoned R-l-A, and farther south, is N.E. 8th Avenue right-of- way; East - A single-family neighborhood, zoned R-l-A; and West - An auto repair business (ND Auto Repair shop), zoned C-4; BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the dght of reversion if not used as such. Page 2 Memorandum No. PZ 03-226 ABAN 01-004 The properties located on the north and south sides of the alley segment to be abandoned are developed with single-family residences. The applicant (City of Boynton Beach) has the intention of vacating the 15-foot wide alley because adjacent properties were not improved to utilize the alley and it therefore provides no public service for access purposes. The 15-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the alley segment will revert to the adjacent property owners. It should be noted that the City had previously abandoned an alley segment running north and south within the same block, which connects to the alley segment subject to this request. 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 utility 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 Engineering - No objection Public Works/Utilities - Approval with conditions (see Exhibit Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light Approval with conditions (see Exhibit Bell South Approval with conditions (see Exhibit "C") Florida Public Utilities Company Approval with conditions (see Exhibit "C') Cable Company (Adelphia) Approval with conditions (see Exhibit "C") Cable Company (Comcast) - N/A RECOMMENDATION Stafffinds that the subject alley provides no public purpose except for utilities, and therefore recommends that this request to abandon the 15-foot wide alley as described above, 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:~=Iannlng~SHARED~WP~PROJECTS~Mangrove Alley Abandcmment~ABAN 01-004~staff rep(xt.doc I in. = 175.0 feet NE gTH AVE NERTH AVE j Mangrove Walk Alley EXHIBIT"A" ,pROPOSED ABANDOMENT EXHIBIT "C" Conditions of Approval Project name: Mangrove Walk Alley File number: ABAN 01-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. The fifteen (15) foot wide alley shall be replaced with a fifteen (15) foot wide utility easement. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X I PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. PRIVATE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X Florida Power & Light facilities are granted the proper easement. A minimum ten-foot wide utility easement shall be required. 5. Florida Public Utilities Company has no objections to the abandonment X as long as F.P.U.C. facilities are granted the proper easement. F.P.U.C. has underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth has no objections to the abandonment of the alley right-of-way. X Bellsouth shall require a utility easement. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning~SHARED\WP~PROJECTS~Manorove Walk AIIoy~ABAN 01-004\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mangrove Walk Alley Abandonment APPLICANT'S AGENT: Dale Sugerman, Assistant City Manager - City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of that 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Flodda, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line of N.E. 7th Street, on the west side by the northerly projection of lot 27 of said Block 4. LOCATION OF PROPERTY: Block 4 of Lake Addition to Boynton DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHARED\W~PROJECTS\Mangrove Walk AJley~ABAN\DO.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM B. AGENDA ITEM REQUEST FC Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~: --<~.~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Staffrccommends approval o£the Second Mediation Agreement, a copy o£which is pro~/~cd thc agenda back-up· However, there remains an issue regarding thc location o£and provision for two slips in thc ~ t~ were to be provided to thc C~ty by the developer. Thc City staffbelicves this is an issue that needs to bc adc[rcsscd b~"thc developer bc£orc approval of thc mediation agreement. EXPLANATION: Thc Second Mediation Agreement represents thc culmination o£many months o£ncgotiation between thc City, thc TRG-Boynton Beach Ltd. (dcvclopc0 and DSS Properties, Ltd. (Two Georges). The Agreement addresses mutual concerns regarding thc impact of thc Marina Village project on the businesses along Casa Loma Blvd. as well as private and public parking issues. Thc Agreement, it' adopted, would rep]acc thc existing Amended Mediation Agreement and thc Development Agreement between thc City and TRG's successor in interest (Garcia). Thc Community Redevelopment Agency has approved a collateral agreement with TRG whereby thc CRA will fund thc construction of ?0 spaces in thc Related parking structure. Approval of thc Agreement includes re-approval o£thc site plan to authorize minor modifications necessary to satisfy concerns of thc adjacent propertY/owners. PROGI~a~M I~PACT: Approval of thc Agreement will £acilitatc development of thc proposed Marina Village project in a manner beneficial to all a££cctcd parties. FISCAL I_~IPACT: Thc £mancia] benefit to thc City is thc same with our without thc mediation agreement. Overall, thc development of the Marina property provides a dffcct property tax benefit to thc CRA and indkcct economic development benefit to the City. The long-term impact of increased business and residential activity to thc City on property within thc CRA, is an important topic for bilateral discussions between thc CRA and thc City Commission. Per statute, thc assessed value of thc Marina property for City property tax revenue purposes, is f~ozcn at thc pre-development level. Thc increase in thc assessed value derived F~om development on this parcel and others in thc CRA go to thc CRA to t'md redevelopment and other appropriate public benefit activities. Staffbclievcs that some basic City service costs and participation by thc CRA in capital projects to benefit the CRA should be captured as part o£thc future development increment o£parcc]s in thc CRA. S:'~BULLETIN~ORIVlSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Enforcement of the current Development Agreement and Amended Mediation Agreement, or continued negotiations. Department Head's Signature /~1, ~ity Man/fger's Signature Department Name ~ity Att~/Finance / Human Resources S:'~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC IN THE CIRCUIT COURT OF THE Fll~'TEENTH IUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, CIVIL ACTION CASE NO. CL 99-8505 AG DSS PROPERTIES, LTD. and DSS MANAGEMENT, INC. D/B/A TWO GEORGES RESTAURANT, Plaintiffs VS. CITY OF BOYNTON BEACH, Defendant. / SECOND AMENDED MEDIATION AGREEMENT THIS SECOND AMENDED MEDIATION AGREEMENT (hereinafter referred to as the "Second Amended Mediation Agreement") is entered into this day of 2003, by and among: DSS Properties Ltd.(n/k/a DSS Properties, L.C., a Florida limited liability company), and DSS Management, Inc. d/b/a Two Georges Restaurant (hereinafter collectively referred to as "Two Georges"); City of Boynton Beach, Florida (hereinafter referred to as the "City"); and TRG-Boynton Beach, Ltd., a Florida limited partnership (hereinafter referred to as "TRG"); and IN CONSIDERATION of the mutual conditions and obligations hereinafter set forth, the parties hereby agree as follows: 1. Amended Mediation Agreement Rescinded. The Amended Mediation Agreement (hereinafter the "Amended Mediation Agreement") entered into on June 12, 2000, by Two Georges, the City, and Ocean Breeze Festival Park, Inc. (hereinafter referred to as "Ocean Breeze"), TRG's predecessor-in-title, is hereby rescinded, and the rights of the parties shall be as set forth in this Second Amended Mediation Agreement; however, the following terms of the Amended Mediation Agreement shall continue: a. The City shall not object to the stand-up waiting area (no food service) located on the second floor of the Two Georges Restaurant, provided Two Georges shall be required to obtain any necessary permits from other governmental agencies having jurisdiction over the use of such area; b. The existing Two Georges parking as reflected on Exhibit "A-1" attached hereto may be used as valet parking. The center aisle may be used for valet queuing and access, but shall otherwise be kept clear. c. The City recognizes that the existing operation of the Two Georges Restaurant, marina, and associated facilities are valid, legal, grandfathered non- conforming uses. Such uses are further described and set forth in Exhibit "H" attached hereto; and d. The City recognizes that the Two Georges Restaurant (including the 2,300 square foot deck expansion heretofore constructed), the marina and associated facilities may utilize improved parking on the six lots owned by Two Georges south of Ocean Boulevard to meet the City's parking requirements. 2. Final TRG Site Plan. The final site plan for the TRG project, as approved by the City and modified to conform to the provisions of this Second Amended Mediation Agreement, is attached hereto as Exhibit "A" and shall control development of TRG's project, unless provided otherwise in this Agreement. 3. Design of Casa Loma Boulevard and the Turnaround~ Public Access. The design of Casa Loma Boulevard and turnaround area shall be as shown on Exhibit "A" and Exhibit "A-I" attached hereto, and shall be open to public access; however, appropriate signage shall be posted and maintained by the POA, as hereinafter defined, along the waterfront to prohibit fishing off the Casa Loma Overlook, which prohibition shall be enforced by the POA. TRG, at its expense, shall modify the existing configuration of Casa Loma Boulevard and the turnaround area to conform with such design. Two Georges and TRG agree not to change the design of Casa Loma Boulevard and the turnaround area as depicted on Exhibit "A" and Exhibit "A-I" without the consent of the other, which consent shall not be unreasonably withheld or delayed. 4. Two Georges Parking Spaces on Casa Loma Boulevard and Grandfathered Businesses. Two Georges shall have the exclusive right to use the twenty-six (26) parking spaces located on the south side of Casa Loma Boulevard and designated on Exhibit "A-I" attached hereto as "Two Georges Spaces". Two Georges shall have the right to place appropriate signs and/or pavement markings to identify said parking spaces for its customers. Two Georges shall also have the right to enforce this provision by towing vehicles found to be in violation. The utilization of the Two Georges Spaces or any other parking spaces provided for herein by Two Georges shall not relieve Two Georges from complying with its obligations to provide additional parking spaces on the lots south of Ocean Boulevard for parking spaces for the 2,300 square foot deck expansion heretofore constructed. The parties agree that there has been a historical shortage of parking in the area along Casa Loma Boulevard. Two Georges agrees that the businesses which operate on property owned or under the control of Two Georges are as set forth on Exhibit "H" and that they are the only businesses which are considered "grand-fathered" and entitled to operate without having to provide additional on-site parking. Changes in use or expansion of the Two Georges Restaurant or the businesses listed on Exhibit "H" occurring after the date of this Agreement shall require compliance with City parking regulations in place at the time of the change in use or expansion. The tables and chairs permitted by Paragraph 7 of this Second Amended Mediation Agreement and the stand up area on the second floor of the Two Georges Restaurant shall not constitute a change in use or expansion. 2 5. Two Georges Trash Compactor. Two Georges, at its expense, and subject to its ability to obtain the necessary permit(s) from the City, shall also place its trash compactor immediately west of the two (2) handicapped parking spaces located on the south side of Casa Loma Boulevard as shown on Exhibit "A-1" attached hereto. Two Georges, at its expense, shall obtain all required City permits and construct all necessary improvements (including a compactor enclosure consisting of 6-foot high C.B.S. walls and opaque gates) for the placement of its compactor at that location within one hundred eighty (180) days following the Effective Date. This one hundred eighty (180) day period may be extended in the event that the issuance of the permit(s) is delayed by the issuing authority, as long as Two Georges is diligently pursuing the issuance of such permit(s). The City's issuance of permits is not automatic, but is contingent on compliance with all regulatory conditions for issuance of a permit. No conditions of the City Code are impliedly waived by this provision. Two Georges shall be responsible for the maintenance of its trash compactor and enclosure. 6. TRG Parking Spaces on Casa Loma Boulevard. TRG shall have the exclusive right to use fourteen (14) of the parking spaces located on the north side of Casa Loma Boulevard and designated on Exhibit "A-I" attached hereto as "TRG Spaces". TRG shall have the right to place appropriate signs and/or pavement markings to identify said parking spaces for its customers/residents. TRG shall also have the right to enforce this provision by towing vehicles found to be in violation. The remaining five (5) parking spaces located on the west end of the north side of Casa Loma Boulevard shall be non-exclusive parking spaces available to TRG, Two Georges, and the general public and shall be restricted to two hour parking. 7. Casa Loma Overlook. TRG agrees that the new restaurant, and the adjacent commercial/retail space and dockmaster's office to be constructed as part of the TRG Project will not be located within the Casa Loma Boulevard Right-of-Way. The area between the new restaurant and Two Georges Restaurant may have tables and chairs but will otherwise be kept free of obstructions and shall be designed, constructed and maintained to allow for unrestricted and free public access to the Casa Loma Overlook; however, appropriate signage shall be posted and maintained by the POA, as hereinafter defined, along the waterfront to prohibit fishing off the Casa Loma Overlook, and such prohibition shall be enforced by the POA. Trash collection trucks cannot go east of the turnaround (except for the purpose of turning around), and any dumpsters for the new restaurant shall be a sealed container to eliminate leakage when rolled out from the service entrance for removal and shall be stored in an air conditioned room so as to reduce odors. All truck deliveries to the new restaurant service entrance shall be made prior to 11:00 AM. 8. Property Owner's Association. Prior to the Effective Date of this Second Amended Mediation Agreement, TRG shall submit to City and Two Georges for review the documents (hereinafter referred to as the "POA Documents") necessary for the establishment of a master property owner's association (hereinafter referred to as the "POA") which, with the exception of those items set forth in Sub-paragraph b. of this Paragraph 8, shall have the responsibility for the maintenance of Casa Loma Boulevard, the Casa Loma turnaround area, and the Casa Loma Overlook as depicted on Exhibit "A" and Exhibit "A-I" attached hereto. The POA Documents shall be consistent with the terms of this Paragraph 8. Two Georges and TRG agree as follows: a. TRG and Two Georges shall execute the Amendment to Declaration of Reciprocal Easements in substantially the same form attached hereto as Exhibit "D", 3 which shall, among other things, amend Paragraph 5 of the existing Declaration of Reciprocal Easements, recorded in Official Records Book 11980, Page 539 of the Public Records of Palm Beach County, Florida, to reflect the terms of this Paragraph 8; b. TRG (or the POA as TRG's successor) and Two Georges shall each be responsible for maintaining their respective sides of Casa Loma Boulevard as to landscaping, irrigation, street lighting, and trash/debris collection and removal; c. Two Georges shall not be responsible for the maintenance of the fountain (if approved by the City and constructed); the gas tanks located beneath the proposed fountain area and existing fuel pumps encroaching on the northeast comer of the Casa Loma Overlook; or that portion of the turnaround area located on TRG's property as depicted on Exhibit "A" and Exhibit "A-1" attached hereto; d. TRG (or the POA as TRG's successor) shall have the obligation to maintain Casa Loma Boulevard (including the turnaround area and Casa Loma Overlook) in good condition and repair, including the resurfacing and re-striping the pavement; the maintaining, repair and replacement of the interlocking pavers; and the posting, maintaining, repair and replacement of traffic control signage (hereinafter referred to as the "Casa Loma Boulevard Maintenance Expenses"). No later than fifteen (15) days prior to performing any of the maintenance referred to herein (other than emergency maintenance), TRG or the POA shall provide Two Georges with a written description and cost estimate of the proposed maintenance for its review and approval, which shall not be unreasonably withheld or delayed. Two Georges shall reimburse TRG or the POA one- half of the Casa Loma Boulevard Maintenance Expenses as set forth in the Declaration of Reciprocal Easements, as amended by the Amendment to Declaration of Reciprocal Easements attached hereto as Exhibit "D". 9. TRG Parkin~ Garage. TRG agrees to construct, as part of the TRG project, a multi-level parking garage (hereinafter referred to as the "TRG Parking Garage"). Seventy (70) of the parking spaces contained in the TRG Parking Garage (hereinafter referred to as the "70 Spaces") shall be allocated as follows: (i) 35 parking spaces shall be unassigned and available for use by the general public; and (ii) 35 parking spaces shall be assigned for the exclusive use of Two Georges (patrons only). The 70 Spaces shall be identified with appropriate signs and/or pavement markings, and Two Georges shall have the right to enforce the parking restriction relative to their 35 parking spaces by towing vehicles found to be in violation. The 70 Spaces shall be located on the ramp to the second level and the second level of the TRG Parking Garage as shown on the diagram attached hereto as Exhibit "B". In the event Two Georges is able to meet its parking requirements without having to utilize the 35 parking spaces assigned to Two Georges in the TRG Parking Garage, and Two Georges obtains the necessary authorization from the City to relocate such spaces, Two Georges shall release the 35 spaces to TRG or its successor for unrestricted public use, and the parties' obligations under Paragraph 10 below shall cease as to such spaces. TRG's obligation to construct the 70 Spaces shall be contingent upon TRG receiving minor site plan modification approval from the City within thirty (30) days following the Effective Date, and TRG and the City's Community Redevelopment Agency (hereinafter referred to as the "CRA") executing an agreement (hereinafter referred to as the "CRA Agreement") pursuant to which the CRA shall agree to pay to TRG the sum of One Million Fifty Thousand Dollars ($1,050,000.00) for constructing the 70 Spaces, such payment to be made in accordance with the draw schedule attached hereto as Exhibit 'T' or other draw schedule 4 acceptable to TRG. The City agrees that the changes to TRG's project which are necessitated by this Second Amended Mediation Agreement shall be processed by the City as a minor site plan modification. In the event that the City does not approve the minor site plan modification or TRG and the CRA fail to enter into the CRA Agreement as provided herein, this Second Amended Mediation Agreement shall be null and void, and the Amended Mediation Agreement shall remain in full force and effect. 10. Two Georges Share of TRG Garage Maintenance Expense. Two Georges shall reimburse TRG annually for a share of the reasonable costs of operating and maintaining the TRG Parking Garage, which costs shall include, but not be limited to, costs of utilities, liability and property damage insurance (the policies for which shall name the Two Georges as an additional insured), supplies and repairs, maintenance, and life safety equipment (hereinafter referred to as the "Garage Operating Costs"). Two Georges shall not be obligated to pay property taxes for the TRG Parking Garage and shall not be responsible for any repairs to the TRG Parking Garage that are the result of structural defects. TRG hereby agrees that the TRG Parking Garage shall not now, or ever, have a guarded entry gate that would prohibit the public from parking in the 70 Spaces, and that Two Georges shall not be responsible for any portion of the costs of operating and maintaining the guarded entry gate or any other extraordinary expenses associated only with the parking amenities for the residents and/or tenants of the TRG project. Two Georges shall reimburse TRG for its share of the reasonable costs of Parking Garage Costs no later than March 1 of each year following the date that the TRG Parking Garage receives a certificate of occupancy/completion. Two Georges' share, as limited herein, shall be calculated by multiplying the total Garage Operating Costs (to be stated in an invoice and supporting documentation submitted by TRG to Two Georges not later than February 1 of the year following the year for which such reimbursement is due) by a fraction, the numerator of which is 35 and the denominator of which is the total number of parking spaces contained in the TRG Garage. Two Georges shall have a right of reasonable access to the books and records documenting the Parking Garage Costs in the event of any questions relative to the reasonableness thereof. 11. Drop-Off Area Construction. TRG agrees to construct the drop-off area located along the east side of Marina Drive (N.E. 6th Street) south of Casa Loma Boulevard as shown on Exhibit "A" and Exhibit "A-1" attached hereto. 12. Development Agreement Termination. Within thirty (30) days following recording of the PtA Documents and commencement of construction (site preparation excluded) of the TRG Parking Garage, the City and TRG shall enter into an appropriate instrument to cancel and terminate the Development Agreement between Ocean Breeze and the City dated July 1, 1997, as amended (hereinafter referred to as the "Development Agreement"), and the City shall release the surety bond it is holding in the amount of $407,380 relating to the Development Agreement. TRG shall continue to receive the credits (hereinafter referred to as the "Economic Incentives") referred to in the letter from James A. Cherof, City Attorney, to TRG dated December 30, 2002, a copy of which is attached hereto as Exhibit "C". All right, claims or benefits of Two Georges, if any, arising from the Development Agreement., are extinguished by this Agreement. 13. Amendment of Declaration of Reciprocal Easements; Declaration of Restrictive Covenant; Access Easements. Ocean Breeze and Two Georges entered into that certain Declaration of Reciprocal Easements dated July 18, 2000, and recorded at Official Records Book 11980, Page 539, Public Records of Palm Beach County, Florida (hereinafter referred to as the "Declaration of Reciprocal Easements"). Within thirty (30) days following the 5 Effective Date of this Second Amended Mediation Agreement, TRG, as Ocean Breeze's successor-in-title, and Two Georges shall finalize and execute, and have their respective mortgagees execute, the Amendment to Declaration of Reciprocal Easements in substantially the form attached hereto as Exhibit "D"; Two Georges, TRG and City shall finalize and execute, and have Two Georges and TRG shall have their respective mortgagees execute, that certain proposed Declaration of Restrictive Covenant with the Florida Department of Environmental Protection substantially in the form attached hereto as Exhibit "E"; and TRG and Two Georges shall execute, and have TRG shall have its mortgagee execute, access easements to TRG to accommodate any construction activities on, or permanent improvements to Two Georges' property as provided in this Second Amended Mediation Agreement, such access easements being substantially in the form attached hereto as Exhibit "F". 14. Traffic Access Management Plan. During construction of the TRG Project, TRG agrees to implement a traffic access management plan, a copy of which is attached hereto as Exhibit "G". The traffic access management plan addresses the manner in which TRG will keep Casa Loma Boulevard open for public safety, public works, customer, pedestrian, and ADA access during construction of the TRG project. 15. Completion of TRG Proiect. In the event the TRG project, excluding the new restaurant shown on Exhibit "A", is not completed, as evidenced by the issuance of appropriate certificates of occupancy or completion, on or before December 31, 2006, then TRG shall not be entitled to the Economic Incentives referred to in Paragraph 12 above and shall refund any such Economic Incentives which TRG or its successor has received from the City prior to that date. 16. Binding Agreement. This Second Amended Mediation Agreement shall be binding upon and inure to the benefit of the parties, and their successors, successors-in-title, and assigns. TRG's rights and obligations hereunder may be assigned, in whole or in part, to a condominium association, homeowner's association, or property owner's association established for the TRG project. 17. Further Assurances. All parties will cooperate in good faith with each other in the implementation of this Second Amended Mediation Agreement, and Two Georges shall not object to the development of the TRG project consistent with this Amendment. 18. Effective Date. All parties agree to submit this Second Amended Mediation Agreement to the court in the instant action for approval and request the court to continue to retain jurisdiction for enforcement of this Second Amended Mediation Agreement. This Second Amended Mediation Agreement shall become effective upon the entry of an order by such court approving same (herein referred to as the "Effective Date"). 19. Attorney's Fees. All parties shall bear their own costs and attomey fees incurred in connection with the negotiation and drafting of this Second Amended Mediation Agreement. Notwithstanding the foregoing, in the event of any litigation arising out of the interpretation of this Second Amended Mediation Agreement, the prevailing party shall be entitled to recover all reasonable costs and attorney's fees incurred at any and all levels of any judicial proceedings. 20. Ci.ty Commission Approval. This Second Amended Mediation Agreement is subject to the approval of the City Commission. If, by December 31, 2003, the CRA Agreement is not entered into by TRG and the CRA and the approval of this Second Amended Mediation Agreement is not granted by the City Commission, then this Second Amended Mediation Agreement shall be null and void. Agreed to this __ day of ,2003, by the undersigned parties: D.S.S. Properties, L.C., a Florida limited liability company, and D.S.S. Management, Inc., a Florida corporation, d/b/a Two Georges Restaurant By:. Print: Title: TRG-Boynton Beach, Ltd., a Florida limited partnership By: TRG-Boynton Beach, Inc., a Florida corporation, its sole general partner By: Print: Title: City of Boynton Beach, a Florida municipal corporation By:. Print: Title: 7 LIST OF EXHIBITS Exhibit A -~ TRG Project Site Plan Exhibit A- 1 --Design of Casa Loma Boulevard Exhibit B -- Diagram of 70 Spaces Exhibit C -- Letter from City Attorney Exhibit D -- Amendment to Declaration of Reciprocal Easements Exhibit E -- Declaration of Restrictive Covenant (FDEP) Exhibit F - Access Easement Exhibit G - Access Management Plan Exhibit H - List of Businesses Exhibit I - Draw Schedule Exhibit A Exhibit A- 1 Exhibit B of B nto eaeh D~ g0~ 2002 The Related Group AERC of Vir~ ReqUest for F~st0ppel InfOrmation/Marina Village The Ci~ has received ~¢ Deceml~r 30,: ~2002! *Sl'ittim reClu~t of The Rel~d ~oup ~ ~RC of V~in~ In~: for ~ ~et tett~ ~g ~o ~oun~ ~:~d ~nt by ~e CiW of Bo~mn Beth ~d~'~e~S~o~ Re~ DeVelopment More ~e~ifi~Iy~ ~u have' asked the Ci~: fee$~ which are,~redit~:~vh~ run w~h ~ht Pr~J~et and ~rt t~ansfera~e t~ a ~UCce~or owner of the 2rojeet'and shall ~itrvivg anytermi~ation of th~. Dev~lapment ~gregment. Response: The C{~ 'has paid on b~half of the Deatg!Ol?~ $13,570,99 for eet~l' coi!maercial wa~r and sewer ~pact and connection fee~ ~,1953;~ for mstannmt ,~rate~ and sewer i~pa~ and cotmec'tion ftc. ~n~ fi~s ate ~eral~te. to'a Snccessor owner of ~h, 'P~e~t ami shall survive. any ~minafi~ of~e ~veI0pm~t ~L In addid~n~ ple.t~e confirm that $$ 62~00 k~§een spent to~rtls City, State and County con,Met ~ a PMi~ ~dsion ggv~g a succor own~ of ~e ~oject a ~edit (wkich credR t~e pon~n 'of th~ ~nt wh~ was patd ~ ~ C~, a~ eonff~ that a~nna and R~onse: 'rl!~ City has paid: E)~IIBI T C regul~o~ the ¢7 ':t ~ M~ the property. Con~? ~ of that policY should ~ obtaLrtefl from ~ _ .,uaty~ Maj~ modifi~afio~ to the apprt.~ site ptan~ result in fee adj us~mt,. TO the State Of F'mri~ $t35:70 in B~IF and $1~8,70 for ~don p~lt f~ Confi~ation of ~fer~i~ s~d be obt~ed from the 5tate~ To ~e CiF ofBa~n B~h $3~726~38 ~r building p~t ~v~- fe~. ~a cr~t tr~fe~le. No ~8.~:~ail~l~ f~ void~ pe~ts. Alao, p!ease confinn titat no ~er ~tutts h~ b~ spent ~y ~se CI~ or are due ~d owing nndee t~ bond or the ~e~m~nt A~ment O~t those S~ fo~h Re~ons¢: The City k~ ekp~ed $201,9t9:76, ~vhch includ~ ~ mo~ts ~o~n above, The p~j:~t is m~ .b~ .Ci~ li~ for t~ total inemfi~¢ ~¢ of Ple~ co~rm th~ ~ Sh~ ~t a ~ute bond i~ r~emeueof thm curmntly field by R~onse: Yes. ! ~s~ the ~fore~ivg ~ ~asiva~:to, ~ur requea, A[1 i~ne ~f ~i~er adjustment~ modifieation~ re~nd or w~ver ~ ~e~'ed m~o Ci~ Co~iom -~Fnert~ca'S, Gat~ to tfie Guh.~s~ream This instrument prepared by or under the supervision of: Joseph M. Hernandez, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, FL 33131 Folio No. (Reserved for Clerk of Court) AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS THIS AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENT (this "Amendment") is made as of the day of ., 2003, by and between TRG- BOYNTON BEACH, LTD., a Florida limited partnership ("TRG") and DSS PROPERTIES, L.C., a Florida limited liability company ("DSS"). WHEREAS: A. Ocean Breeze Festival Park, Inc., a Virginia corporation ("Ocean Breeze"), the former owner of fee simple title to the Ocean Breeze Property, and DSS, the current owner of fee simple title to the Two Georges Property, entered into that certain Declaration of Reciprocal Easements dated July 18, 2000, recorded in Official Records Book 11980, at Page 539, of the Public Records of Palm Beach County, Florida (the "Declaration"). B. TRG is the current owner of fee simple title to the Ocean Breeze Property. C. Pursuant to paragraph 7 of the Declaration, the parties desire to amend the Declaration in certain respects as more particularly set forth below and as required under said paragraph 7, the City of Boynton Beach, Florida (the "City") has executed this Amendment in order to acknowledge its consent with the amendments to the Declaration set forth herein. NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby further agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein in their entirety. 2. Defined Terms. This Amendment shall be deemed a part of, but shall take precedence over and supersede any provisions to the contrary contained in the Declaration. All initial capitalized terms used in this Amendment shall have the same meaning as set forth in the Declaration unless otherwise provided. Exhibit "D" 3. Site Plan. The Site Plan attached to the Declaration as Exhibit "B" is hereby deleted in its entirety and replaced with the Site Plan attached to this Amendment as Exhibit "B". 4. Description of Ocean Breeze Casa Loma Parcel. Exhibit "D" attached to the Declaration describing the Ocean Breeze Casa Loma Parcel is hereby deleted in its entirety and replaced with Exhibit "D" attached to this Amendment. All references in the Declaration to the Ocean Breeze Casa Loma Parcel shall mean the parcel described in Exhibit "D" attached to this Amendment. 5. Description of Two Georqes Casa Loma Parcel. Exhibit "E" attached to the Declaration describing the Two Georges Casa Loma Parcel is hereby deleted in its entirety and replaced with Exhibit "E" attached to this Amendment. All references in the Declaration to the Two Georges Casa Loma Parcel shall mean the parcel described in Exhibit "E" attached to this Amendment. 6. Maintenance of Casa Loma Boulevard. Paragraph 5 of the Declaration is hereby deleted in its entirety and replaced with the following: 5. After construction of Casa Loma Boulevard in substantial accordance with the Site Plan, TRG shall maintain Casa Loma Boulevard (including the turnaround area and Casa Loma Overlook) in good condition and repair, including the resurfacing and re- striping of pavement; the maintenance, repair, and replacement of the interlocking pavers; and the posting, maintenance, repair, and replacement of traffic control signage (hereinafter collectively referred to as the "Casa Loma Maintenance Expenses"). TRG and Two Georges shall each be responsible for maintaining their respective sides of Casa Loma Boulevard as to landscaping, irrigation, street lighting, and trash/debris collection and removal. Two Georges shall not be responsible for the maintenance of the fountain (if approved by the City and constructed); the gas tanks located beneath the proposed fountain area and existing fuel pumps encroaching on the northeast corner of the Casa Loma Overlook; or that portion of the turnaround area located on TRG's property as depicted on the Site Plan. Two Georges shall reimburse TRG for one-half of the reasonable Casa Loma Maintenance Expenses. If Two Georges fails to reimburse TRG for one-half of the reasonable Casa Loma Maintenance Expenses within fifteen (15) days after presentation of detailed bills therefor, and Two Georges fails to cure such default within five (5) days after Two Georges receives written notice from TRG or fails to seek arbitration as provided in Paragraph 9 of this Declaration, TRG may file a lien against the Two Georges Property for the unreimbursed amount due to TRG, which lien may be foreclosed in the same manner as a mortgage. Two Georges shall reimburse TRG for all costs and expenses incurred by TRG in connection with collection of any unpaid amounts. 7. Arbitration. Paragraph 9 of the Declaration is hereby deleted in its entirety and replaced with the following: 9. In the event any dispute shall arise between the parties under this Declaration, including any dispute concerning the necessity or appropriateness of the maintenance of Casa Loma Boulevard (including the turnaround area and Casa Loma Overlook), the reasonableness of the Casa Loma Maintenance Expenses, the failure on the part of TRG to meet its obligations set forth herein, or any other matter, the dispute shall be settled by final and binding arbitration, conducted in accordance with then 2 prevailing rules of the American Arbitration Association. The arbitration shall be conducted in Palm Beach County, Florida. The prevailing party in such arbitration shall be awarded its costs incurred therein, including reasonable attorneys' and paralegals' fees. 8. Notice. All notices, requests, demands and other communications required or permitted under the Declaration (as amended hereby) shall be in writing and shall be deemed to have been duly given when delivered by hand or mailed, first class certified or registered mail with postage prepaid or by recognized overnight courier (such as Federal Express), and addressed as follows: If to TRG: cio The Related Group of Florida 2828 Coral Way Penthouse Suite I Miami, Florida 33145 Attention: Roberto Rocha If to DSS: 728 Casa Loma Boulevard Boynton Beach, Florida 33435 Attn.: Steve Scaggs Any notice hand delivered shall be deemed delivered on the day given. Any notice sent by overnight delivery service shall be deemed delivered on the day following the delivery of the notice to the overnight delivery services and any notices sent by first class mail shall be deemed delivered upon actual receipt thereof by the recipient or upon the recipient's refusal to accept delivery. Either party may change its address or designate other padies to recover copies of notices by notices by notifying the other, in the manner provided herein, of a new address to which notices are to be sent. 9. Estoppel Certificate. Each of the parties hereto agree, promptly upon request from any other party hereto, to furnish from time to time in writing certificates containing truthful estoppel information and/or confirmations of the agreements, obligations and easements contained in the Declaration, as well as the status of any liens or potential claim of any liens thereunder. 10. Miscellaneous. Except as specifically modified hereby, all of the provisions of the Declaration which are not in conflict with the terms of this Amendment shall remain in full force and effect. 3 IN WITNESS WHEREOF, the padies hereto have executed this Declaration as of the date first above written. Signed in the presence of: TRG: TRG-BOYNTON BEACH, LTD., a Florida limited partnership By: TRG-Boynton Beach, Inc., a Florida corporation, its sole general padner By: Print Name: Name: Matthew Allen Title: Vice President Print Name: [CORPORATE SEAL] 4 DSS: DSS PROPERTIES, L.C., a Florida limited liability company By: Print Name: Name: William G. Scaggs, Jr. [CORPORATE SEAL] Print Name: STATE OF FLORIDA ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of ., 2003 by Matthew Allen as Vice President of TRG-Boynton Beach, Inc., a Florida corporation, the sole general partner of TRG-Boynton Beach, Ltd., a Florida limited partnership, on behalf of the partnership. He personally appeared before me, are personally known to me or has produced as identification. NOTARIAL SEAL Print Name: Notary Public, State of STATE OF FLORIDA ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2003 by William G. Scaggs, Jr., as President of DSS Properties, L.C., a Florida limited liability company, on behalf of the company. He personally appeared before me, are personally known to me or has produced as identification. NOTARIAL SEAL Pdnt Name: Notary Public, State of CONSENT OF CITY Pursuant to Section 7 of the Declaration, any amendment to the Declaration requires execution by the City. As such, the City does hereby consent to the execution, delivery and recordation of the foregoing Amendment. Dated as of the day of ,2003 THE CITY OF BOYNTON BEACH, FLORIDA [a Florida municipal corporation] By: JOINDER. CONSENT AND SUBORDINATION The PALM BEACH NATIONAL BANK & TRUST COMPANY, a national banking association (the "Mortgagee") is the owner, and holder of those mortgages and other instruments from DSS and William G. Scaggs and Betty J. Scaggs (collectively, the "Mortgagor"), as set forth in Exhibit A attached hereto and made part hereof (the "Security Documents") and does hereby join in and consent to the execution, delivery and recordation of the foregoing Amendment and acknowledges and agrees that the lien and encumbrances of the Security Documents are hereby subordinated and made junior in priority to the Declaration (as amended by the Amendment). Dated as of the day of ,2003. PALM BEACH NATIONAL BANK & TRUST COMPANY, a national banking association By: Name: Title: STATE OF FLORIDA ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003 by as of Palm Beach National Bank & Trust Company, a national banking association, on behalf of the association. He/She personally appeared before me, are personally known to me or has produced as identification. NOTARIAL SEAL Print Name: Notary Public, State of EXHIBIT "A" TO JOINDER~ CONSENT AND SUBORDINATION 1. Mortgage Deed and Security Agreement dated as of May 28, 1997 and recorded June 3, 1997 in Official Records Book 9821, at Page 803 of the Public Records of Palm Beach County, Florida. 2. Mortgage and Security Agreement dated as of June 8, 2000 as recorded June 15, 2000 in Official Records Book 11840, at Page 1203 (and re-recorded in Official Records Book 11972, Page 1264) of the Public Records of Palm Beach County, Florida; as modified by that certain Mortgage, Note and Loan Documents Modification and Confirmation Agreement dated as of August 23, 2002 and recorded August 28, 2002 in Official Records Book 14088 at Page 1329 of the Public Records of Palm Beach County, Florida. # 118839_v10 Exhibit B to Exhibit D Exhibit D to Exhibit D Exhibit E to Exhibit D DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT (~DEC~RATf©N~) s made th, is .~_ _ day of ,2003~ by DSS. Prope~ies, LLC, a limit~ liabili~ company f"Owner¢) an~ the Flodda Debarment: of Environmenbl Protection ("DEP~ RECITALS A. O~ner is,the fe~ simple,owner ~f that ce~in mai p~pe~ situated in the Coun~ Palm Bead~, S~ate of Florida, mom pa~icularly d~cfib~ as: L~s ] through i~dUsiw and theEast 15.35 f~t of Lot 7, CASA LOMA, A gUBDIVISION of the Cia- of Borneo ~ ~each, Fl~ida, a~cordh~g to t~ P~t the~o~ o~ file in ~he Office of'~e C~erk oflh~Circuit COu~ in and for Palm Beach Count, Florida, in Plat:Book 11, 3 (he~na.ffer, ~he '~P~ope~"). B_The DEP Facili~ Identification Number forthe Prope~ is 5092~406. The name at the time of this Declaration is ~wo G~rges Wateffro~tt G rill'e" C. The ~arg~ of pet[oteum p~u~ on the Pr~e~ is ~cumented in the followin[ repo~s [ ~ons), w~'~ch are hereby mco~o~ted ~y re[erenc~ Five (5) pe~oteum pro.du~l discl~a[~ ~ave been reported at the Prope~: O~ober 9~ 1992; September 13, 2~T; $~tember 26, 2001; C3dO~r 2, 2~1; and December 12, 2001. Prior the l~t disease r~oA, cleanup and removal was document~ in a Storage Tank ~ystem CJosure ~essment Repo~dated O~er26, 2001 (Dunkel~er E~ne~r and'Tesfi ng; !~c. [' DET~ Pro)eot No, 0t-22-2904~ and in DET Site As~essmen~ dated O~ber 31, 2~01. Cleanup and removal ~ to the m~st recent discharge repo~ iS.d~ument~ in D~ Storage Tank System Clo~um As~sment Roper ~tedOctober ~, 2~ (der ~em No. D. The ~e~Q~ ~t ~o~h the nature and e~ent offl]e {:0ntamination nn the ~pe~. The Eepo~ Confi~hat cont~inated groundwater-as defin~ by Chap/er.62;770, FIorida Admini.st~ative Code; exJs~ on the Ptope~y. A[~ the Eepo~ d~cume~~ ~ the g~undwater contamination d~s not: e~nd off the pro~, t~t ~ extent of ~e ~XH]B{:T groundwater contamination doeS not exceed one quarter (~) acre, ~nd that the ~roundwater-conl~nination i~ not migratin~ The PEP h~s a~reed to issue a No Fu,dher A~ion wi~ Conditions (~NFA~, upon recordation of this Declaration; however ~e DEP may unilaterally revoke the N FA the conditions ofthi~ D~taration orofthe NFAare not met. Additionally, in the event concent~tions o~ pet~leum prOducts'~emi~t~of c~em increase above the appr, oved in the NFA, ~r if a subsequel~tdis~h~ of~etrole~m 6r petroleum producJ (,~curs. at the site, ~e depa~ment may require site reh~iji:tat[on to reduce concentrations ~' con,ruination to the tevels approved in tee NFA ~ olhe~ise allowed by Chapter 62-770, .F.A.C. Th~ NFA r~atin~ to Owner, DEP FaCility 50D20[~U6, are on~le with the DEP Bu~u.of Petroleum StbraSe System5 located 2600 Blair Stone Road, Mail Station 4575, ~allahassee, Florida 32~99~2400. F. Owner de~s it desikab[e and in the best interestof all p~ese~t and; [u]are ownem of the Prope~ t~tan NFA be obtained, and rhat'~e Prope~ be held subj~ to ce~ain restrictions, as more pa~licular[y: set fo~h herein. NO~% THEREFORE, tO induce the DEP to issue the NFA, and for other ~obd ,and valuable ~n~id~:~tion~ the re~p~.~nd Suffiden'~ 0f Which is h~ebyacknowl~ed by eacE of the u ndemigned pa~ies~ Own~ hereby agrees as~[I The foregoing ~ecit~s are true and co~e~ and ate [nco~ofated herein by refecenca. 2. Owner hereby impos~ on the Prope~' the following use resttiL~iOn~s): There sba!I be no d~Jtiin8 ~or water ~ndu~ on tRe Pr~y, ~r shall any wells ~ i~stalled on · e Pmpe~'othe~ lhan men.itorlng wei'ls p~ appmv~ ~ the PEP: There shal! be ne USe:of ~e 8roundwater on the Prepay, AdditionallY, there shall be ~ s~rmwater swales, s~water detention or r~ention fadlKies, or dkch~ on the 3. For- the put,ese of mon~tOring.~e restri~ions- contained .herein, DEP or its r~p~tiVe succ~som and asSi~s.shall have site a~ss to the'Pt0P~, et reasonable t~mes an~ wi~ reachable notice to the 4. It i~ the i'ntemJon of Owner that the ~ri~ion con~in~ in this DeClaration shall mu~h~and mn~ern th~ Pm~&. rub wi~ the I~nd and wkh ~e ~ide'm th~ Prope:~, and =sha~ll apply m and beblndJn~ upon and inure t~ th~ ben0flt of the suc~essors e~d ~sign~ g'f Owner, and to PEP,. i~ successOm and a~i~,s, a,~d P~g~ 2 of to:anv a,~d all panics hereafter h:a~inS any tlghti title ot:[ntere_st i~ ~e pro~y 6; hereof. These: ~i~on; may enforced in a noun of com~tem judsdi~!On by :~,e: O~ P or its su¢c~r agencY; o:r by,any otb% per.n) fiem, corporati0n¢ or gover~mNnlat agent:that is su~tantiaiiY benefitted by this In order to ensure the perpetual nature of'these restric~:iOns~, the Owner, and its successors and assigns shall reference these restrictions in any subsequent deed of conveyance, includin§ the mrnrdin§ of book and page of record of ibis Declaration. 6. This D~daration is bindin8 until a release of covenant is executed by the DEP S~reta~ (or d~ignee) and is r~0~ ia t~ coun~ land ~ords, ~o receive prior approyat from D/Plo remove any ~quirement herein, ~tive cleanup of the Pr~ m~t [esume or d~ntjp ~ levels establish~ pursuant to Florid~ 5~tutes and DEP rules mu~. have ~en achieve. This D~Jaration may be m~ifi~.i~ writing on ¥. AnysubSequ~nt ~endmen~ or m~ltfi~ti~n of'this Declaration must:be in wri(ing and-:~ecu~ by '~ O~'ner and the DEP'or their r~tive successors a~ld ~ssign~ and be r~orded by'the Owner as an :amendment hereto. If any prov sion of this: Declaration is held to be invalid bv any court of competent jurisdiction, the invalidib/of such p[ovi~on(s) shal'l not affect the vahd~t,v,, of any other provision thereof. Ail such Other provisions ~hall continue unimpaired and ~n full force and effect. [$~gn~tures are Continu, ~ on: the next page.l IN WllrNE$5'WHEREOF, OWner has egecuted this instrument,_ ,.this day o! ,2003. Signed, sea~ed and delivered in the presence of: Of: DSS PROPERTIES, LLC. {Owner's signature) Print Name lis: (fi,ill mailing address) Date: Witness ~, Ot tfte No~ry-)' Print Name: Witness [not the Nota~¥)" Date: PHnt Name: ~,A, TE ~F, FL©RiDA ) C~UN~¥ Of: PALM BEACH ) The fo:mgoing ~nst~ument was acknowledged :he're me:; ~h[s da~ ~ _, 20~3. by i's ~onatl¥ kno-wn to~fi~-e O~ has : .... Notary PUblic, State FlOrida at Large SIGNATU RES COt~nNU:ED ON NEXT PAGE: Approv,~ as General IN WITNESS WHEREOF., The Florida Department of Environmental Protection has executed: this instrument, this __ day of ._, 2003~ Signed, sealed a~d delivered in 'the presence of:: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Print Name; Tide: Di¥i~ion of ; Bureau of M~ling Address; ~l~l Station , Cih/, Florida Zip Code - Date: (not tb;e NOt'~):' VV~tr~'ess Print Name: Print S~ATE OF:FL©RiDA COUNTY OF PALM 8EACH ~h~/o~eg0jng 2002, by E~i~°nmenta! Pmt~ion~ wE~ is personallY' known to me or has~pr0du~ed N~tz~ ~ State ~f F[o~d~ at Large Public SUBORDINATION OF MORTGAGE TO DECLARATION OF RESTRICTIVE COYENANT COLONIAL BANK, as the owner and holder of the following described instrument: Mortgage Deed and:Security ~greement orig!natly given to Palm Beach ~.ationa~ Bank & Trust Compariy bY'Wiliiam G Skaggs and Betty J, SkagSs~, hi's wife, recorded June 3, .t997, in Official RecOrds Book 9821, Page 803, among the Public Records of Palm Beach County, Florida hereby subo~inales:the lien of its Mortise to the Declaration 'of R~trictive Covenants by' and between DSS Properties, LLC and the Florida Department of Environmental Pmtec~io.n. IN WITNI:$$ WHEREOF, the undersign~t has executed and delivered this Subordination of Mortgage to Declaration. of' Re~tri~ive Covenants, this day of , 2'003. COLONIAL BANK, a National Banking Association WITNESSES: By: Print Name; p~int Na~ S']:~, IE ~.)F FLO~t DA, ) ) The foregging i:nstrument wa~ ackno~iedged before me [his day 0~: , AS~o~at;en, who ..~ is perso,all~ ~o~n to me or has ProdUCed tlie foj!~wi~ Notary Fubli~ State FlOrida al: ~e Nota~ Pobtic Page 6 of 8 Pages SUBORDINATION OF EASEMENT TO DECLARATION OF RES~RICTIYE COVENANT TH E CITY OF BOYNTON BEACH, a potidcal subdb,'~i.sion office State of F~iida, as the secc~nd path/unde~ the following described fnstrument: Easement given by DSS PrOpetti~, tLC. a Florida limited Liability Company. first part~5 to The City of BOynton Beach, a politi'cal subdivision o¢ the S~ate of Florida, second pa'rty, recorded November 16~ t999, in OffiCial Eacords Book. 1 ~ 450, Pa~e 383~ er ~eq. among the Public Record~ 0~' Palm Beach Coun~ FtorMa hereby'~u ~rdinates i~ right~ under said E~eme~t t~ the Declaration o~ E~tridive Covenants by a~ be~v~n DSS Prope~es, LLCa~d ~e Florida Depa~ment of Environmental Pr~tion. 1~ WITNESS WHEREOF, the undemigned has execut~ and delivered this 5ubo~inafi.on of E~sement to Declaration of Restri~ve Covenant, rh[~ day of ~., 2003. THE CITY OF BOYNTON BEACH, a po!iticaJ su~Nision of the S~ate of Florida WITNESSES: Print Name: Title~ Print Name ' -- ~rint N~m~: $~A~ ©F FLO~ID~ CO0~TY: OF P. EM BEACH ) fhe ~O~e~oing ins~m~t ~as acknowl~d b~fore me ~is da~ of ~lit~cal: sUbdi~siOn orfl~e:~mte ~To~da~ who , ~s pe~ona iy known to me or has SUBORDINATION OF RECIPROCAL EASEMENT TO DECLARATION OF RESTRICTIVE =COVENANT TR~BOYNTON BEACH, LTD., a Florida limited partnership, as a party under the following described Instrument: Declaration of Reciprocal Easements given between Ocean Breeze Festival Park. Inc.. a Virginia corporatior~ and DSS Properties. LLC. a Flodda Limited Liability Company, recorded August 28, 2000. in offi~al Records Book 11980, Page 539, et seq., among the Public Records of Palm Beach Courtly, Florida hereby subordinates its rights under said Reciprocal Easements :to the Declaration of RestrictiVe Covenants by add b.elween DSS Properties, LLC and the Ftodda Def)a,,tment of Em/irOnmental Protection. IN WITNESS WHEREOF. the undersigned has executed and delivered this SubordinatiOn of Easement to Declaration of Restrictive Covenants, this .daY of .... 2003. WITNESSES: TRG-BOYNTON BEACH, LTD,, a Florida limited partnership By:,, . Print Name: Print Name Title: Pdnt Name STATE OF: FLORIDA ) COUNTY OF PALM BEACH ) The ~regoing: instrument was acknowledged before ~ this day of . , 2~3~ by , as ~presehtatiVe of; TRG, Boyhton sea~i LTD., a FIo~da limiled part~emhiP~ Who is' perSonally known to me or has produced ~e following de~¢al~on: . . otary Pubti i :S e of Ftorida at ;Large Typed, printed or stamped =name of N0tar)~ PU~ Page8 of 8 Pages Exhibit "F" Access Easement Prepared by and return to: ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT ("Agreement") is made this __ day of , 2003 by DSS Properties, L. C., a Florida limited liability company ("DSS"), having its principal office at , and TRG-Boynton Beach, Ltd., a Florida limited liability partnership, its successors and/or assigns, having its principal office at 2828 Coral Way, Penthouse 1, Miami, FL 33145 ("TRG"). RECITALS: WHEREAS, DSS is the fee simple owner of that certain real property situated in Palm Beach County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof(the "DSS Parcel"); and WHEREAS, TRG is the fee simple owner of certain real property located adjacent to the DSS Parcel, being more particularly described on Exhibit "B" attached hereto and made a part hereof (the "TRG Parcel''); and WHEREAS, TRG intends to construct on the TRG Parcel a multi-use development to be known as "The Residences at Marina Village", and in connection therewith has obtained approval of a Site Plan the City of Boynton Beach, Florida, a copy of which is attached hereto as Exhibit "C"; and WHEREAS, the Site Plan shows certain roadway and related improvements to be constructed by TRG on the DSS Parcel (the "Site Plan Improvements"), and TRG desires access on the DSS Parcel to complete the construction of Site Plan Improvements; and WHEREAS, DSS is agreeable to granting such access to TRG, subject to the conditions state herein; NOW THEREFORE, in consideration of the mutual covenants, benefits and agreements of the parties hereto and the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, DSS and TRG do hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Easement Rights. DSS does hereby grant to TRG, its successors and/or assigns, a perpetual, non-exclusive ingress, egress, access easement and fight-of-way on, over, across, through and under the DSS Parcel as may be necessary to construct and maintain the Site Plan Improvements on the DSS Parcel. 3. Covenants to Run with Land. Unless otherwise terminated, this Agreement and all conditions, obligations and covenants set forth herein shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties, it being the intent hereof that the easements, rights and obligations set forth herein shall mn with the land and follow the ownership of the Parcels. The Parcels shall be hereafter owned, sold, conveyed, improved, encumbered, hypothecated, leased, demised and occupied, all subject to the restrictions, easements, reservations, conditions, regulations, burdens, liens, equitable servitudes and all other provisions of this Agreement as hereinafter set forth. Except as otherwise provided herein, this Agreement shall at all times be prior and, therefore, superior to the lien or charge of any mortgage affecting the Parcels, and any foreclosure of any such mortgage shall be subject to all burdens, easement and covenants contained herein. 4. Amendment/Modification/Termination. The terms and conditions of this Agreement may be amended, modified, revised or terminated at any time by an instrument in writing, executed and acknowledged by all of the parties hereto or their successors or assigns, and recorded in the Public Records of Palm Beach County, Florida. 5. No Waiver. No delay or omission in the exercise of any right set forth herein accruing upon any default by a party hereto shall impair such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by a party hereto of a breach of, or a default in, any of the terms and conditions of this Agreement shall not be construed to be a waiver of any subsequent breach of or default in the same or any other provision of this Agreement. 6. No Termination For Breach. Notwithstanding anything contained herein to the contrary, no breach hereunder shall entitle any party to cancel, rescind, or otherwise terminate this Agreement. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Parcel made in good faith for value, but the easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any owner of such Parcel covered hereby whose title thereto is acquired by foreclosure, tmstee's sale, or otherwise. 7. All Legal and Equitable Remedies Available. In the event of a breach by any party of any of the terms, covenants, restrictions or conditions hereof, the other party shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including payment of any amounts due and/or specific performance. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. 8. Attorneys' Fees. In the event a party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained or for damages on account of any breach of this Agreement, the prevailing party after final adjudication shall be entitled to recover from any other party, in addition to any damages or other relief granted as a result of such action or proceeding, all costs and expenses of such action or proceeding and all its costs and 2 reasonable attorneys' fees and expenses incurred in the preparation and prosecution of such action or proceeding, including but not limited to all costs, fees and expenses incurred at trial and all appellate levels. 9. No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. 10. Severability. Each provision of this Agreement are hereby declared to be independent of and severable fi.om the remainder of this Agreement. If any provision contained herein shall be held to be illegal, invalid or to be unenforceable or not to run with the land, such holding shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, valid or unenforceable provision or by its severance from this Agreement. 11. Governing Law. The laws of the State of Florida shall govern the interpretation, validity, performance, and enforcement of this Agreement. 12. Headings. All sections and descriptive headings in this Agreement are inserted for convenience only, and shall not affect the construction or interpretation hereof. 13. Bankruptcy. In the event of any bankruptcy affecting either party, the parties agree that this Agreement shall, to the maximum extent permitted by law, be considered an agreement that runs with the land and that may not be rejected, in whole or in part, by the bankrupt person or entity. 14. No Rights in Public; No Implied Easements. Nothing contained in this Agreement shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Parcels. 15. Authority. DSS and TRG each do hereby represent that it has the legal authority to enter into and execute this Agreement and to perform all of the obligations and duties herein. 18. Documentary Stamps. The parties hereby agree that Ten Dollars ($10.00) consideration has been paid in connection with the grant of this Agreement and accordingly, documentary stamps in connection with the recording of this Agreement shall be paid on said consideration. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, DSS and TRG have executed this Agreement as of the dates written below. Signed, sealed and delivered in the presence of: DSS: DSS PROPERTIES L.C., a Florida limited liability company By:. Name: Print Name: Title: Nallle~ STATE OF FLORIDA ) COUNTY OF .) The foregoing instrument was acknowledged before me this __ day of ., 2003 by ., as of DSS Properties, L.C., a Florida limited liability company. He/She (~) is personally known to me or ( ) has produced as identification. Notary Public Name: My Commission Expires: 4 TRG: TRG-BOYNTON BEACH, LTD., a Florida limited partnership By: TRG-Boynton Beach, Inc., a Florida corporation, its sole general partner By: Name: Print Name: Title: Nalne: STATE OF FLORIDA ) COUNTY OF .) The foregoing instrument was acknowledged before me this __. day of 2003 by ., as of TRG- Boynton Beach, Inc., a Florida corporation, the sole general partner of TRG-Boynton Beach, Ltd., a Florida limited partnership, on behalf of the partnership. He/She (___) is personally known to me or ( ) has produced as identification. Notary Public Name: My Commission Expires: JOINDER AND CONSENT OF MORTGAGEE OF DSS PARCEL ., a , ("Mortgagee"), having an address of is the owner and holder of certain mortgages given by DSS and William G. Skaggs and Betty J. Scaggs recorded at , Public Records of Palm Beach County, Florida ("Mortgages"), said Mortgages affecting that certain real property more fully described on Exhibit "A" attached to the Access Easement Agreement to which this Joinder and Consent is attached. By its execution of this joinder and consent, Mortgagee does hereby join in the execution of the Access Easement Agreement (the "Agreement") for purposes of consenting thereto and subordinating its interest in the Mortgages to the Agreement. Notwithstanding the foregoing, it is expressly understood and agreed that Mortgagee's consent to the Agreement shall in no way diminish the security interest in favor of Mortgagee created in the Mortgages. IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed in its name this day of ., 2003. WITNESSES: Signed, sealed and delivered in the presence off a Witness Signature By: Print Name: Print Name Title: Witness Signature Print Name STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ., 2003, by ~ as of , a , on behalf of said He/She is personally known to me or who has produced as identification. Notary Public-State of Commission Number: 7 PA~EL 1: LOTS 37~ 38~ DNWEY'~ SUBDIVISION, ACCORDINO TO ~ P~T~F ON ~ ~¢ ~0~ O~ ~ ~ OF ~ ~ CO~T ~ ~ ~R P~ ~S'~OM~-~ OPWAY ON ~A ~BO~~ ~ L~ ~ ~ OP WAY'ON O~NGE ~EO~.AV~AS SHOWN'ON ~T O~A ~ ~~ ~ P~T B~K 11, PAGE 3 ON ~ P~L~ ~R~ ON P~ P~ 2: OFT~-~C ~RDS OF P~ B~'~U~Y, ~A. P~ 3: ~TP~T OP ~ON 27, TO~ 45 co~v. ~Rmn, s~mo A ~R~ON O~ ~ ~ ~V~, sHO~ oN P~C ~O~S OF P~ B~'~ D~~ Aa~S: CO~~O AT ~'NO~ COR~ OF ~T 3% DEWEY'8 $~D~mION, ~.P~LIC ~ OFP~ BEA~ CO~) D~ 14" Iff' ~T (~~) ~NG T~ L~ OF ~~~OF 8Am CASA ~ BO~EV~ A D~T~:OF ~.~ ~T EXHIBIT "B" TO EXHIBIT "F" Page I of 3 PARC~.~4: NON-EXCLUSIVE ~ RIOIITS CRBATED BY A)ID SUBI~,CT TO THE ~ DSS P~O~ ~C;, A ~OR~A ~L~B~'~~, ~~0 Am ~NOR~ ~ OF ~T 37, D~S.S~D~ON, A~O TO~ ~T T~F AS ~~ ~ P~T B~K !, P~E 3'7 OF BEO~O ~ ~N~ SO~H ~14'1~ W~ 27.72 ~; ~SOUTH ~" ~ (T~ ~'~ NOT ~~ ~CA~ ~.~~ A ~R~ONOF'P~ { ~ ~ PLAT B,~K I~,~AOE 12-A ~O ~ ~R~ON OF ~ ~C~::~T ~ ~ FOR P~M B~ ~, ~ MO~ P~~Y D~D AS ~~AT ~ ~OR~ ~R OP L~ 37.D~S SUBDp~SION, A~O~,TO~.P~T ~F ON ~ ~ ~:OF~ ~ ~F T~ ~~T ~ ~ ~R P~M B~ CO~. ~O~A ~~ ~T B~K {, ~A~ ~7;. P~ '62 CO~ NO~ ~11085) ~~AT ~.~o~mr ~ OFLO*~*.D~S SmD~m~ A~mO ~O ~ ~ ~ O~ ~ ~ Om~O~ ~ C~ O~ Page 2 of 3 THE CIRCU1T COURT IN~ FOP. PALM'BP_ACH COUNTY. FLORIDA RECORDED IN PLAT BOOK !, PAGE ~7;, ~c~ sotrrtt"o,?~!~t!~o,' ~,~t,o~a~ ~sT ~ ot~ s~].or ~?, A THENCR I~IORTH 05"4g~20'' EAST ZLC~.~ET; ~CE NORTH 90~0'00, WEST3~.g5 I~...ET TO THE POINT OF BEG~G. sam ~$ srruA~_., t,~G A~ ~BI~G ~ ~ C!TY OF BOYt~rON t~EACt4. PAt.~ BEACH COUNTY, ~ORID& CONTA~/G 3.19;4i~ SQUARE ~,7~3 ACRES MORE OR LESS. EXHIBIT "C" to EXHIBIT Exhibit "G" Access Management Plan Exhibit "H" List of Businesses Two Georges - Required Parking EXHIBIT H (based on Occupational Licenses issued as of 11/25/03 & confirmation correspondence from Two Georges dated 11/18/03) I Parking Parking License Name Variable :Calculation Use Slip # Licensed (#) Two Georges Restaurant 295 seats 118 Restaurant 28 04-03051 Two Georges Madna 29 slips 29 Marina (ABC - 28) 04-03052 Dive Shop II (2nd floor) 1400 sq ft 7 Retail 04-00887 Splash Down Divers (1st floor) 1400 sq ft 7 Retail 04-15967 Loggerhead Dive Charters 200 scIft 1 Retail 04-03593 Loggerhead Dive Charters 24 psgrs 8.0 Comm Boat 24 04-03593 Splashdown (licensed as Delta's Splash - Lynn Simmons) 22 psgrs 7.3 Comm Boat A-B-C 04-00889 Boynton Beach Boat Rentals (Marcello Juchem) 30 psgrs 10.0 Comm Boat 14-18 04-10909 (2 boats 04-10908 share one 04-03316 slip) 04-17628 04-17627 04-17626 Little Deeper (Leo Sand) 22 psgrs 7.3 Comm Boat 10 04-03443 Hickman, Robert (7 Come 11) 5 psgrs 1.7 Comm Boat 2 04-10319 Lattanzi, Ernest J. (Offspray) 5 psgrs 1.7 Corem Boat 3 04-10321 Underwater Explorers (Candide) 6 psgrs 2.0 Corem Boat 13 04-16928 Deeper Dive Charters Int'l (Leo Sand) 22 psgrs 7.3 Comm Boat 11 04-12099 Ham'RTime (Paul Fasolo) 6 psgrs 2.0 Corem Boat 1 04-12100 Pelican Dive Charters (Richard Betterle¥) 25 psgrs 8.3 Comm Boat 19 04-17471 Cad Miller Fishing Charters (Miller Time) 5 psgrs 1.7 Corem Boat 26 04-11185 Hess, Daniel P. (Hard Heads) 5 psgrs 1.7 Comm Boat 25 04-13206 Great Day Enterprises (Raymond Terry) 5 psgrs 1.7 Comm Boat 22 04-14498 Flyin' Fish (David Geller) 6 psgrs 2.0 Comm Boat 21 04-16216 04-17613 John Fruin (Gulf Coast Yacht Sales and Charters 6 psgrs 2.0 Comm Boat 12 04-17671 No Name (Tom Johnson) Private Vessel 4 N/A Halfway There (Tom Johnson) Private Vessel 5 N/A Mc2 (Tom Johnson) Private Vessel 6 N/A Knot Impressed (Greg Knuth) Pdvate Vessel 7 N/A Solutions (Dick Sullivan) Pdvate Vessel 8 N/A Alvin Malnik (Water Scooter~etski) Pdvate Vessel 9 N/A Bill Sadler Pdvate Vessel 20 N/A Horizon (Kathy Bottchem) Private Vessel 27 N/A Raymond Terry Private Vessel 23 N/A Total Required Parkin~l for uses as of 11/25/03 226.7 Required Parkinq Summary by Use: 118 Restaurant 29 Marina 65 Boats 15 Retail 227 Two Georges' Parking status following acceptance of Second Number of Amended Mediation Agreement spaces Off site - SE 1st Ave (Permit 03-2163) 66 On Site - Casa Loma Blvd Designated Spaces 48 On Site - Parking Garage 35 Total available parking per Second Amended Mediation 149 Shortage of required parking per listed uses 78 s:development~administration\correspondence~OL~Two Georges Parking (final) Exhibit "I" Draw Schedule MARINA VILLAGE GARAGE CONSTRUCTION DRAW SCHEDULE This Draw Schedule will pay TRG-Boynton Beach, LTD ("TRG") for the construction of 70 parking spaces in the Marina Village structured parking garage. The total payment from the Boynton Beach Community Redevelopment Agency ("CRA") to TRG is $1,050,000. SCHEDULE OF PAYMENTS Payment % of Total Amount Payment To Be Made Upon Completion Of: Number Payment 1 15% $157,500 TRG receiving a building permit for, and commencement of construction of, the garage. 2 15% 157,500 30% of the garage 3 15% 157,500 45% of the garage 4 15% 157,500 60% of the garage 5 15% 157,500 75% of the garage 6 15% 157,500 90%of the garage 7 10% 105,000 100% of the garage, and TRG receiving a CO for the garage from the City of Boynton Beach. Total $1,050,000 Each request from TRG to the CRA for a draw payment under this Draw Schedule shall be certified by the architect of record for the garage and verified by the CRA. The CRA shall make payment to TRG within 10 days of the Draw Request being delivered to the CRA. # 118839_v10 l'X. - CITY MANAGER'S REPORT CITY OF BOYNTON BEA; ITEM A AGENDA ITEM REQUEST FtJmVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon~ c~-~ :' [] Administrative [] Legal '~: :'-~x~ NATURE OF [] Announcement [] New Business ~ :x~-< AGENDA ITEM [] City Manager's Report [] Presentation -o ~ [] Consent Agenda [] Public ~earing .~. .~ [] Codecompliance egalSe lements [] U shedBnsiness RECOMMENDATION: Review report of Old High School Task Force. Task Force has requested City Commission authorization to expend funds for stabilization of building and to authorize the Task Force the opportunity to develop a use allocation plan for the building and integrate the building into the campus planning. EXPLANATION: At the request of the City Commission, the CRA spearheaded the creation of and work of a special task force convened to study the condition of the Mangrove High School building and to make recommendations to the City Commission as to whether the building could be saved or not. Previous City staff reports indicated that the building was beyond salvageable condition and should be removed. The City Commission allocated funds in the Capital Improvement Fund for this purpose but authorized the creation of the Task Force to study the issue before a final decision was made on demolition. The consultant hired by the Task Force (Bender & Associates) did not address the issue of asbestos abatement as part &their scope of work. This work will need to be addressed as part ora subsequent report. This is an important issue as the 1993 study noted that asbestos removal, if needed, would be substantial cost. The 2003 report, suggests that asbestos can be encapsulated at minimal cost. This aspect of the report must be verified. If the building were demolished, costs related to asbestos containment would be incurred. PROGRAM IMPACT: The refurbishment of the building may have a positive effect on campus planning work for the City Hall area because the total area of the building is 28,420 sq. fi. (14,600 sq. fi. first floor, 13,820 sq. fi. second floor). City and non-City uses need to be evaluated carefully. FISCAL IMPACT: The current City Budget has $50,000 available. The Task Force estimates that the cost will be $50,000 to perform the second phase of the study. In addition, an asbestos inspection of the building is recommended at a cost of $3,250. The costs incurred for the study as of this date has been $46,913 from fiscal year 2002-03 Budget. To proceed with the physical repairs to the building will require the City Commission to allocate funds from the CIP reserves to perform this work. The preliminary estimate, absent any asbestos work, is $250,000 to stabilize the building. The total estimated cost to refurbish the building into useable spaces is $3.2 M. Subsequent costs of specific re-use of areas of the building, though substantially less would be added. S:'tI3ULLETINX, FORMSLa, GENDA ITEM REQUEST FORM.DOC O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: 1. Follow the Task Force's Recommendation to stabilize the building at a cost of approximately $250,000 at this time and request the Task Force to continue its work with a second phase of the report to include adaptive re-use options at a cost of approximately $50,000. This will require a budget appropriation. 2. Proceed with the asbestos abatement study first at an estimated cost of $3,250 before authorizing the stabilization of the building so that an informed decision on this issue is available. Funds are available for this purpose. 3. Hold discussion of this project until the City Commission concludes discussion on Capital Improvement priorities. The City Commission is set to discuss the CIP on December 19, 2003. 4. Authorize City staff to obtain an additional opinion on the building condition. (Please see staff report from Risk Manager, dated November 24, 2003 attached.) 5. Combination of options #2 and #3 above. Enclosures with Agenda Item: Memo Dated November 18, 2003 from CRA Director Hutchinson Exhibit A Task Force Report Dated November 17, 2003 Exhibit B Supplemental Report from Bender & Associates Re: Asbestos Exhibit C Supplemental Report from Risk Manager Dated November 24, 2003 Exhibit D Note: The City Commission also received a bound final report from Bender &Assoc. Dated November 7, 2003 This Report is titled: "Boynton Beach High School - Existing Conditions and Structural Analysis." Additional copies are or will be on file at the Boynton Beach Library and in the City Clerks Office. Department Head's Signature C~ty Manager s S~gna e Department Name City Attorney / Finance / Human Resources S :~BULLETIN~FORMS'~GENDA ITEM REQUEST FORM.DOC _ RECEIVED - lransmittal NOV 1 8 2003 To: Kurt Bressner From: Douglas Hutchinson CIT~ MANAGER'S OFFICE Subject: Old High School Task Force Recommendations Date: November 18, 2003 In accordance with the motion of the City Commission on December 3, 2002 the Old High School Task Force was created and within the allotted time of one year, has completed the task set forth by the City Commission. The Task Force report has outlined the following recommendations in detail: A. The High School Task Force recommends that the City CommiSsion accept the recommendations of Bender and Associates, to renovate/rehab the structure and not remove it. B. The High School Task Force recommends to the City Commission that the Phase 1 Stabilization plan, recommended by Bert Bender and Associates is accepted and that the City allocates funds not to exceed $250,000 towards that plan. C. The High School Task Force recommends that the City Commission grants the High School Task Force the opportunity to identify users and develop a use allocation plan, design an Area master plan for the building as it relates to the immediate area including the City Hall and the Children's Museum, and design a Business Plan Performa including sources of capital. Please find attached a Task Force report with Bender and ASsociates summary briefs and copies of the complete Bender and Associates Study. We-hope the efforts of the Task Force give the Commission information to move forward on the Old High School issue. Please contact me at any time if you have any questions. Old High School Task Force Report to the Boynton Beach City Commission November 17, 2003 TABLE OF CONTENTS Activity Summary Page 3 Task Force Structure Page 4 Consultant Selection Process Page 4 Site Evaluation Page 5 Task Force Recommendations Page 5 Old High School Project Accounting Page 6 Summary Excerpts Bender & Associates Page 7 Minutes of the Old High School Task Force Page 8 Activity Summary The Old High School Task Force was established on December 3, 2002. The City Commission approved the formation of an Old High School Task Force based on the following three-part recommendation: 1. Allocate $50,000 from the City's Capital improvement fund for a feasibility study for adoptive reuse of the structure, which was discussed in Mr. Hutchinson's report dated November 19, 2002. 2. Postpone demolition plans until after January 1, 2004. 3. Establish an ad hoc seven-member Task Force made up of representatives of the CRA (three, including the director), the Cultural Board, and two community groups. The CRA Director has recommended that the Task Force be expanded to nine members to allow for two more representatives from Community groups, such as the Recreation and Parks Board, to participate. Mr. Bressner was in accord with this recommendation. · Doug Hutchinson, CRA Director · Don Fenton, CRA Board · William Odove, Private Citizen · Adeen Dennison, Director Children's Science Museum · Henderson Tillman, CRA Board · Ron Weiland, Former City Commissioner · Dale Sugerman, Assistant City Manager · Taryn Wheat, Board of Director, Boynton Cultural Centre Task Force Structure Task Force meetings were held on the following dates: Friday March 28th, 2003 4:00P.M. Thursday April 10, 2003 6:00 P.M. Wednesday July 9, 2003 5:30 P.M. Thursday September 25th, 2003 5:30 P.M. On March 28, 2003, the first meeting was held and it was decided that individuals would not be selected as Chair persons and Vice Chair person. Each Member would have an equal say and the group would give the Director of the CRA by vote the ability to act on behalf of the group. The Consultant SelectiOn Process On April 10, 2003, a RFQ was drafted and approved. The Task Force selected Bender and Associates after a RFQ was posted and a total of three proposals were received from the following: · Atelier Architecture Engineering Construction Inc. of Tampa, Florida · Bender & Associates of Key West, Florida · Robert G. Currie Partnership, Inc. Architects of Delray Beach, Florida Upon review of the candidates, the Task Force felt strongly that Bender and Associates had the significant experience and background with the assessment of Historic buildings and furthermore the applicant, unlike it's competitors, was not locally based and would be able to give a fresh unbiased perspective because they were not involved in the history of the building. The group voted unanimously to proceed with Bender and Associates and gave the CRA Director, Douglas Hutchinson, direction to proceed with contract negotiations. 4 Site Evaluation Bender and Associates, over a period of four days, accessed the building with direction to evaluate the. structure, environment and mechanical elements. Initial verbal reports from the team were very positive and indicated that the building was structurally and environmentally sound. Pigeon feces are present but the building could be accessible with the removal of 't'he feces. On November 10, 2003, Bender and Associates submitted their official findings and recommendations to the Task Force. The Task Force Recommendations A. The High School Task Force recommends that the City Commission accept the recommendatiOns of Bender and Associates to renovate/rehab the structure and not remove it. B. The High School Task Force recommends to the City Commission that the Phase 1 Stabilization plan, recommended by Bert Bender and Associates, is 'accepted and that the City allocates funds not to exceed $250,000 towards that plan. C. The High School Task Force recommends that the City Commission grant the High School Task Force the opportunity to identify users and develop a use allocation plan, design an Area master plan for the building as it relates to the immediate area including the City Hall and the Children's Museum, and design a Business Plan Performa including sources of capital. Boynton Beach Old High School Task Force HIGH SCHOOL PROJECT ACCOUNTING Budget City of Boynton Beach $50,000.00 Total Budget $50,000.00 Expenditures Doctor (For Medical check-ups) $ 300.00 RFQ Public Notice $ 646.17 Safety Equipment $ 27.90 Expenditures Pending Bender & Associates $45,939.16 Total Expenditures $46,913.23 Total Balance***** $ 3,086.77 *** Staff anticipates additional invoices for doctors' visits and supplies will be forthcoming. BENDER AND ASSOCIATES SUMMARY EXCERPTS 7 .INTRODUCTION EXECUTIVE SUMMARY: This analysis and report was commissioned by the City of Boynton Beach Community. Redevelopment Agency for the purpose of determining if the Boynton Beach Historic High School should be rehabilitated or demolished. Our analysis includes field surveys of structural, mechanical, electrical, plumbing, environmental and architectural features over a four day period. Field personnel included Richard Grupenhoff and Bob Miro of Evans Environmental and Geosciences; electrical engineer Richard Nodarse of HNGS; structural engineer Mark KeiSter of Atlantic Engineering Services; and architectural personnel from Bender & Associates, Janine Glaeser, Haven Burkee and Bert Bender. While this report focuses on the physical condition of the building, it's historic importance and contribution to the architectural fabric of the City can not be overlooked. In general, ! consider the preservation and restoration of our historic built environment to be among the most important endeavors that we undertake. This link to our past is what forms our identity and guides our future. The restoration and preservation of our historic buildings are among the most important legacies that we leave for future generations. There is an intrinsic value to our heritage that cannot be measured in dollars and cents. In this case, the preservation of this building makes economic sense as well as being a socially responsible action. The Boynton Beach Historic High School was built in 1927 on the west side of the 1913 school house. Currently, the high school is abandoned and the 1913 school house has been renovated as a children's museum with a children's playground, parking and public restrooms adjacent_to it. These are the only buildings on the site and the two historic buildings, in combination, create a strong sense of time and place. Our analysis determined that the historic high school is structurally sound and can easily, be returned to use. Even if its structural condition was marginal, saving the building aS'a historic resource could easily be justified. In this context, the loss of the high school would have a negative impact on the adjacent historic school house and the neighborhood. The Mediterranean re¥iyal style is dominant on surrounding buildings. It's influence is apparent on older histo~'ig and newer non-historic buildings alike. Preserving the high school will reinforce the Mediterranean revival style's associafl=~. with the history of Boynton Beach and maintain the architectural integrity of the surrounding district. BOYNTON BEACH HISTORIC HIGH SCHOOL WORK PRIORITIES/RECOMMENDATIONS in general, the highest priority is structural stabilization, making the building watertight and reversing the damage caused by water intrusion. Additional damage is caused daily by inattention to this problem. This includes the full replacement and/or restoration of the roofs and roof drainage systems, structural stabilization of roof structures and support systems, defoliation, repair of wall cracks, correction of site drainage and repair, replacement of windows. After the initial stabilization work, other items carYproceed as funds are budgeted. The Boynton Beach Historic High School, however, is somewhat unique in that the building is closed to the public for environmental reasons, specifically because of pigeon feces in the gymnasium. Current City policy is for all persons entering the building to use respirators, protective clothing and hard hats. Medical exams certifying that no health risks from use of a respirator are also required. This requirement increases costs for all work associated with the building as additional time and effort is required for all activities on the building interior. Abatement of the pigeon feces is required and even if total demolition is planned, some special precautions would be required. Work priorities are as follows: 1. Abatement of pigeon feces. 2. Reroof the entire building including installation of proper roof drains and weather proofing skylights. It is our recommendation that these first two items be undertaken as soon as possible. In fact, we included a proposal for abatement of pigeon feces during our initial contract f~e negotiations. If desired, the proposal submitted to you earlier can be executed as an amendment to our current contract. This would save time and the expense of document preparation and advertising for proposals. The original abatement proposal from EE&G is included with this report. 3. Selective demolition including def°liation of plants rooted on the building exterior. 4. Stabilize and weatherproof the exterior envelope including any miscellaneous structural repairs such as the damage from the lightning strike, that might be required. 5. Install rough mechanical, electrical and plumbing systems. 6. Complete interiors, doors, windows and finishes. 7. Complete site improvements. BOYNTON BEACH HISTORIC HIGH SCHOOL RECOMMENDATIONS: We can find no justification for demolition of this building. Even if the building had no historic value it would be difficult to recommend it's removal when considering the following: · The building is structurally sound. · The cost to renovate the building will be far less than the cost to demolish it and build a new building of comparable size. · The spaces are easily adaptable to a multitude of new uses. · Renovation will take less time than building new. · · The existing code enforcement offices can remain operational during a renovation, whereas total demolition will require relocation, if for no other reason than to ensure public safety. · Rehabilitation is environmentally better as it uses less energy and natural resources than new construction. Additionally, the historic nature of the property adds the following reasons for preservation over new construction: · Designated historic resources are eligible for State and Federal funding. · Our historic buildings are a record of our past and serve as the basis upon which future generations will judge us as a society. · This building is an important part of the urban fabric and its demolition will have a negative impact on the surrOunding neighborhoOd. · The building has a unique architectural character with details that are no longer used. As such, it represents a unique place in time and history. A new building, no matter how generous the budget, cannot replicate the qualities, character and patina that a historic building gains over time. BOYNTON BEACH HISTORIC HIGH SCHOOL ~COSTS: Our experience with similar projects will serve as the basis for estimating a project budget. This analysis will then be broken down to reflect individual item costs as verification of general comparisons and to provide phased scopes if needed. As a basis of comparing the cost of rehabilitation versus new construction, the cost of a new comparable facility must be established. In our experience, new construction under the 2001 Florida Building Code has been averaging between $200 and $250 per square foot. Costs vary according to region, quality and market conditions, but for this analysis we will assume costs for new construction of $230 per square foot. Additional to the cost of new construction are costs for demolition and removal of the existing structure. Extensive renovations typically cost half as much as new construction, but can rise dramatically where extensive structural work is needed. The Boynton Beach Historic High School is in very good condition structurally and I would expect a renovation to be on the Iow side, or about half the cost of a new building. The Boynton Beach Historic High School is 28,400 square feet. A general cost comparison would be: New Renovation 28,400 sf. at $230 $ 6,532,000 28,400 sf. @ $115 $3,266,000 Demolition 150,000 Demolition N/A Total $ 6,682,000 Total $3,266,000 An itemized cost analysis of the high school renovation follows. Very little has been done to modify the structure over the years, so selective demolition will be fairly straight forward. Abaterr~nt of pigeon feces and re-roofing are the primary issues, a price for pigeon feces abatement has already been established at $28,950. Cost Estimate for Phase I: Pigeon Feces Abatement $ 30,000 Selective Demolition/Cleanup 30,000 Re-Roofing (14,200 sf @ $9/sf.) 128,000 Reglaze Skylights (2 @ $1,000 ea.) 2,000 Subtotal $190,000 Contingency at 10% 19,000 Total Phase I $209,000 The above represents work that is required immediately to protect the structure and we recommend proceeding with this work now. We provided you with a proposal to abate pigeon feces as a part of our fee proposal for this report. If desired; that work can proceed now, as an amendment to our contract. A first phase construction scope would then become re-roofing or re-roofing with interior selective demolition and clean BOYNTON BEACH HISTORIC HIGH SCHOOL up, including removal of loose plaster at seCOnd floor ceilings in areas of roof leaks. Cost estimate Phase II through completion: Repair damage from lightning strike $ 5,000 Exterior renovations 28,400 sf. @ $6/sf. 170,000 Restore/replace windows, 150 windows @ $2,000 ea. 300,000 Elevator addition 100,000 Storm protection for windows (150 windows at $500/window) 75,000 Plumbing system restoration (28,400 sf @ $3.50/sf.) 100,000 Note: plumbing price assumes re-use of fixtures Mechanical systems (28,400 sf. @ $7/sf.) 200,000 Electrical systems (28,400 sf. @ $17.50/sf) 500,000 Interior renovations (28,400 sf @ $ 50/sf) 1,420,000 SubtOtal Phase II $2,870,000 Contingency at 10% 287,000 Total Phase II $3,157,000 Add Phase I 209,000 Total probable project COst $3,366,000 The intedor renovations b.udget assumes that wood floors would be refinished and damaged plaster ceilings will be repaired or replaced in kind with plaster that matches the histodc material. There are no costs in this estimate as it is assumed that site development COsts would be the same for new COnstruction or a renovation. Also, soft COsts for items such as architectural or engineering fees are not shown. However, soft costs should be roughly proportional to the sCOpe of each, about 10% to 12% of construction cost. Additionally, the asbestos survey update will add approximately $3,500 to soft COsts. BOYNTON BEACH HISTORIC HIGH SCHOOL CONCLUSION Based on this report, it is our recommendation that the Boynton Beach Historic High School be preserved and rehabilitated. Further, the uniqueness of this resource requires that an accurate historic restoration of the exterior be undertaken, including restoration and/or installation of historically appropriate wood windows. Interiors should be restored to greatest extent possible, which would include recovering important details such as glass transoms. Compliance with the Secretary of Interiors Standards for Rehabilitation should be required. This will ensure that the property retains its eligibility for preservation grant funds and/or listing as a historic resource on Local, State and Federal Registers of Historic Places. BOYNTON BEACH HISTORIC HIGH SCHOOL MINUTES OF OLD HIGH SCHOOL TASK FORCE MINUTES OF THE HIGH SCHOOL TASKFORCE MEETING REGULAR MEETING HELD IN CRA OFFICE BOYNTON BEACH, FLORIDA ON FRIDAY MARCH 28, 2003 4:00 P.M. Present Doug Hutchinson, CRA Director Don Fenton, CRA Board William Orlove, Private Citizen Adeen Dennison, Director Schoolhouse Children's' (History) Museum Taryn Wheat, Ron Weiland, City Commissioner Vince Zabik, Contactor Absent Henderson Tillman, CRA Board I. Call to Order Doug Hutchinson called the meeting to order at 4:05. II. Introduction Everyone introduced themselves and why they were asked to be on the task force. A. Project Review and Status: CRA Staff and Vincent Zabik of Show . Case Contractors. Doug Hutchinson presented an overview of why the Task Force was formed and a history of the process. Doug explained that he was given a charge to determine if the High School was worth saving and what types of readaptive uses could be put in the High School building. After having conversation with several groups as to space needs, Doug set up a meeting .to view the inside of the High School. Doug Hutchinson, Vince Zabik, Larry Finkelstein, Arleen Dennison, and Jim Barrett toured the High School and took pictures. The entire group came to the same conclusion that the High School was in great shape and should be looked at again. Doug Hutchinson presented these findings to the CRA Board. Kurt Brenesser also offer $50,000.00 to form a task force to perform the studies necessary to determine is the High School could be reused to not. The CRA Board voted to set a Task Force to determine the following and present their findings back to the CRA Board in one year. 1. Request the $50,000.00 for the City of Boynton Beach 2. ask for a one-year extension 3. Create a seven member task force to perform the studies and bring the results back to the CRA Board in one year. Vince Zabik, an independent contactor, who went with the group, presented his findings with a list of potential problems that cooresponsed to the pictures to the task force. The list is attached to the minutes. Doug presented a copy of previous structural report for GEE & Jensen and the Feasibility Cost Study by REG to the task force. Don Fenton stated that he would like to get new structural and environmental studies completed right away so they could set the record straight as to the structural conditional of the High School. Don suggested that an RFQ for both structural and environmental be completed right away. The Task Force suggested that the contractors given the job should not have done business with the City of Boynton Beach before if possible due to the perception problem the High School already has. It was decided that Doug Hutchinson would have an RFQ ready for the Task Force at there next meeting. B. Select Task force Chair Person and Vice Chair Person The Taskforce decided they wanted to meet as a group and did not need a Chair Person or Vice Chair Person. The Taskforce did ask Doug Hutchinson to set up the meetings. C. Establish date and time for site visit The Taskforce decided they would set up a meeting for the High School site visit will be April 7th or 8th. D. Establish date and time for next meeting The Taskforce set up the next meeting on April 10th at 6:00 PM at the CRA Office. III. Other Items. There were none. IV. Adjournment at 5:10 PM MINUTES OF THE HIGH SCHOOL TASKFORCE MEETING REGULAR MEETING HELD IN CRA OFFICE BOYNTON BEACH, FLORIDA ON THURSDAY APRIL 10, 2003. Present Doug Hutchinson, CRA Director Don Fenton, CRA Board William Orlove, Private Citizen Arleen Dennison, Director Children's' Science Museum Henderson Tillman, CRA Board Ron Weiland, City Commissioner Dale Sugerman, Assistant City Manager Absent Taryn Wheat I. Call to Order Doug Hutchinson called the meeting to order at 6:00. Approval of the Minutes There were no corrections to the minutes so Don Fenton approved the minutes as is and Ron Wieland second the minutes of the last High School Task Force Meeting. II. Business Meeting A. Review the RFP for Environmental Study B. Review the RFP for Structural Study Doug Hutchinson discussed the RFP's for Environmental and Structural with the Task Force. Doug added that he had included the ADA and Life Safety Issues in the RFP's to make the building stable and livable. Bill Odove asked if the scoring included if the business had every done business with the City of Boynton Beach due to the fact that the Task Force wanted a new third party to look at the High School. Doug explained that would be considered as part of the scoring. Doug also suggested that the whole Task Force do the scoring on the RFP's. Adene inquired, in the background section, should it be included within the RFP if a firms had every suggested a demolition as opposed to restoration of a structure? Doug stated he felt that the High School was in good enough shape that no structural or environmental engineering firm would suggest to demolish it, but that it would come down to the price to restore it. It was decided that the RFP's would be published in News Papers, Trade magazines, Trade Journals for 45 days. The Notice would state that the RFPs would be due back to the CRA by 30 days. The Task Force would also do there walk through the High School on April 18, 2003 at 10:00 AM. It was decided that the Task Force members that were walking through the High School would meet at the CRA office at 9:30 AM. C. Establish date and time for next meetinq It was decided that the Team would set the time when the RFP's were received back at the CRA office. III. Other Items. There were none. IV. Adjournment at 6:25 PM MINUTES OF THE HIGH scHOOL TASKFORCE MEETING REGULAR MEETING HELD IN CRA OFFICE BOYNTON BEACH, FLORIDA ON WEDNESDAY, JULY 9, 2003 Present Doug Hutchinson, CRA Director Don Fenton, CRA Board William Orlove, Private Citizen Taryn Wheat, Board of Director, Boynton Cultural Centre Arleen Dennison, Executive Director Schoolhouse Children's' Museum Absent Henderson Tillman, CRA Board and Ron Weiland, City Commissioner I. Call to Order Doug Hutchinson called the meeting to order at 5:35 pm. II. Business Meeting A. RFQ Submittals Review and Selection Approximately twenty firms contacted the CRA office for information related to the RFQs with three firms actually submitting to the requests. Those firms responding include: 1. Atelier Architectural Engineering Construction Inc. out of Tampa 2. Bender & Associates Architects from Key West 3. Robert G. Currie Partnership, Inc. from Delray Beach A review and discussion of the proposals ensued resulting in the following observations: · Atelier only bid on the structural half of the project. Hiring their firm would mean bringing a second firm on board to conduct the environmental survey. · The task force felt it was imperative to select a firm that had no prior history with Boynton's historic schools or previous business with the City of Boynton Beach to attain an impartial and apolitical report. That weighed significantly on the ranking for Robert G. Curde Partnership for this phase of the process addressing the decision for renovation or demolition. If the project moves to the renovation stage, Robert G. Currie Partnership would be a viable candidate to rebid on the project. · Even though Bender is located in Key West, they have significant experience with similar projects across the state of Florida such as in St. Augustine and Jupiter. Ranking of the proposals were as follows: Task Force Member Atelier Bender Currie Orlove 2 I 3 Wheat 3 1 2 Fenton 3 1 2 Dennison 3 I 2 Hutchinson 3 1 2 The committee unanimously authorized Doug Hutchinson to work with Bender & Associates Architects from Key West on a contract for both the environmental and structural reports. B. Set Next Meeting Time and Date The next meeting of the Task Force will take place after Doug Hutchinson has negotiated a contract with Bender & Associates Architects and when the firm is ready to visit the Old High School. III. Other Items. There were none. IV. Adjournment at 6:25 PM MINUTES OF THE HIGH SCHOOL TASKFORCE MEETING REGULAR MEETING HELD IN CRA OFFICE BOYNTON BEACH, FLORIDA ON Thursday September 25th 2003 5:30 PM Present Douglas Hutchinson, CRA Director Don Fenton, CRA Board Henderson Tillman, CRA Board Taryn Wheat, Board of Director, Boynton Cultural Centre Arleen Dennison, Executive Director Schoolhouse Children's' Museum Absent Bill Orlove (Sent an e-mail with his comments, which were made known to the task force) Ron Weiland I. Call to Order Doug Hutchinson called the meeting to order at 5:45 pm. II, Bender and Associate proposed Contract for Old High School The proposed dollar amount of the C°ntract was acceptable to the members of the task force Don Fenton officially requested copies of the CRA minutes reflecting the city's presentation to the CRA Board where the CRA Board Members were notified that the High School was structurally and environmentally unsound. Mr. Tillman conferred Tracy Wheat requested an explanation of the process and the steps that the Bender and Associates will be taking. Doug Hutchinson responded Bender and associates will conduct a site evaluation after which they will submit a draft report for the taskforce to review. Following the review, the final draft must be submitted to the Task force and finally a presentation a presentation will be made to the commission. Douglas Hutchinson notified the task force that Bender and Associates had a working period of 90 days. Due to the need to make a presentation at the December 2nd 2003 City commission meeting the time frame has been reduced to 30 days. The Final report must be received in the CRA office the Week of November 4th in order to adhere to the City Manager's agenda deadlines. Douglas Hutchinson reported that initial verbal reports from Bender and associates indicated that the building was structurally and environmentally sound. The building could be made readily accessible with approximately $60,000 worth of clean up. Total renovations of the building could run approximately two to three million dollars that would include such items as the installation of an air conditioning system, elevators and any others build outs necessity deemed by the new occupants. Henderson Tillman inquired as to life expectancy of the building Douglas Hutchinson responded another 20 to 30 years assuming reasonable care and maintenance is applied. Don Fenton made the following motion; Douglas Hutchinson will sign the contact on behalf of the task force and include a Time sensitive date of November 4th 2003 for Bender and associates to provide the Task force with the final draft of the report. Henderson Tillman seconded the Motion The Motion passes majority vote. Motion to adjourn Don Fenton 6:12 Pm Second by Arleen Dennison MINUTES OF THEOLD HIGH SCHOOL TASK FORCE MEETING HELD IN CRA OFFICE BOYNTON BEACH, FLORIDA Thursday November 13, 2003 4:00 PM Present Douglas Hutchinson, CRA Director Don Fenton, CRA Board Taryn Vvheat, Board of Director, Boynton Cultural Centre Arleen Dennison, Executive Director Schoolhouse Children's' Museum Ron VVeiland Bill Orlove (Telephone Conference) Dale Sugerman City Absent Henderson Tillman CRA Board I. Call to Order Doug Hutchinson called the meeting to order at 4:10 pm. II. Mr. Bert Bender of Bender and Associate gave a Synopsis of the team's findings; extrapolated from the official report submitted to the Task Force: Mr. Bender stated that the team spent a total of 4 days on site conducting the evaluation of the building. Elements to which particular attention was paid were Structural, Mechanical and Electrical. It is the findings of the Bender and Associates, that the building could be a part of an adoptive muse Plan and found no justification for demolition. The Pigeon feces that was found could be treated for approximately $30,000 after which the building would be safe for inhabitants. Mr. Bender recommended that the stabilization process would be a 3-part process 1. Treatment and removal of the Pigeon fesses 2. Repair the roof to prevent further deterioration 3. Installment of windows at a date not immediate but soon. Mr. Bender felt that most historical buildings adoptive reuse plans should be the same or similar to the original use. As in the case of this structure it was, is opinion that this building could be rehabbed to allocate uses such as schools office spaces. Mr. Bender also stated other uses can be considered and not impossible as in the case of a library the second floor would need to be load tested and the floor reinforced to meet standards for that type of loading. This process was not excessively difficult or costly to accomplish. Mr. Bender stated that the building has architecturel character and the style of Mediterranean Revival is sought out by many cities today. The rare of the building faces the City Hall entrance recommends some architectural treatments could be added to dress up and link visually and physically to the surroundings. It would be more cost effective to rehab the building instead of attempting to replace it. Ron Weiland, stated that this structure is an asset to Boynton Beach and that he did not see the reason to tear the building down. Don Fenton Posed the question as to the estimated cost to put an elevator into the building. The proposal-from Bender and Associate stated a estimated cost of $100,000. Mr. Bender explained that the elevator it self would cost approximately $50,000 additional cost would depend on the number of stops (in this case 3) and the shaft. Arleen Dennison posed the question as to the area in the kitchen Where the foundation and the wall is separated not mentioned in the report. Mr. Bender responded that a few areas were inaccessible. He felt the situation mentioned by Arleen could easily and inexpensively remedied Ron Weiland wanted to know if the report was 100% accurate since there were some inaccessible areas. Mr. Bender-stated that most of the building was inspected and that the team would have found any catastrophic structural issues. He has every confidence that the building is structurally sound. J Bill Orlove made a motion to recommend to the City Commission to use $250, 000 to stabilize the building (Second by Don Fenton) Discussion Douglas HutchinSon felt that the motion should include more that just the recommendation to stabilize the building. In an effort to continue, the momentum he felt that the Task Force needed to stay involved with the project until users and funding are identified. Dale Sugerman felt that the only focus at this time should be the stabilization of the structure. Arleen Dennison felt that with the support she is aware of from a group of private citizens who are interested in assisting by identifying funding sources, she also wanted the Task Force to remain involved with the process to ensure progress. Don Fenton felt more than one motion or one motion with multiple parts was necessary. Bill Orlove amended his motion as follows: A. The High School Task Force recommends that the City Commission accept the recommendations of Bender and Associates to renovate/rehab the structure and not remove it. (Second by Don Fenton) B. The High School Task force recommends to the City Commission that the Phase 1 Stabilization plan recommended by Bert Bender and Associates is accepted and that the City allocates funds not to exceed $250,000 towards that plan. (Second by Don Fenton) C. The High School Task force recommends that the City Commission grants the High School Task Force the opportunity to identify users and develop a use allocation plan, design an Area master plan for the building as it relates to the immediate area including the City Hall and the Children's Museum, design a business plan Performa including sources of capital. (Second by Arleen Dennison) The Motion passes unanimous majority vote. It was discussed that all members and Mr. Bender will attend the December 2nd City Commission meeting. Douglas Hutchinson will present the Task force recommendations and Mr. Bender will give a brief overview. Other Task force members should be ready to address questions or issues as needed Motion to adjourn Taryn Wheat 5:25pm Second by Arleen Dennison November 17, 2003 Mr. Douglas Hutchinson, Director i A R C tq] ][ WE C q/,5 i p.a. Community Redevelopment, City of Boynton Beach 639 E. Ocean Avenue Suite 107 Boynton Beach, FL 33435 RE: Boyuton Beach Historic High School Dear Doug, This letter will serve to supplemem our report and clarify abatement issues that were not addressed in our summary. Specifically, I call your attemion to the Evans Environmental Geosciences report dated November 5, 2003, "Asbestos Record Review and Recommendatk In this report, Richard notes that an updated asbestos survey should be conducted, as previot reports are old and were inconclusive. Under Item No. 8 of Riehard's report, he notes that plaster is determined to contain greater than 1% asbestos, it would need to be abated prior to demolition. The reason for this is that demolition would create a friable situation, i.e. asbestc dust would become airborne. If the building is renovated, the plaster does not need to be abaleM because it would not become friable and the paint would encapsulate any asbestos, containln.~ materials. (ACM). I call this to your attention because in our cost estimate comparison, under the total demolitk option, we estimated $150,000 for total demolition. This portion of our report was prepared prior to receiving Richard's report and the cost analysis was not updated to reflect these pete ntial abatement costs. Richard estimates that i__f plaster is ACM, the abatement costs alone could p:ach $350,000. This is a worst case scenario, but under this circumstance, total demolition will ex;~'eed $500,000 which increases the cost of new construction. As stated previously, this abatement cost would not be incurred for a rehabilitation. Our report includes a proposal from EE&G to conduct an asbestos survey for a not to exceec fee of $3,250. There are sufficient funds lea in your budget for our report to conduct this surve3 under our contract. I recommend that you authorize this survey now. Please call if you have any questions. I have attached the EE&G Report and proposal for yoga' convenience. Sincerely, Bert L. Bender, Architect BLB/ddk 4 } o Ke},West, Florida33040 Telephon~(305)296-1347 Facsimile (305) 296-2727 ~loridaLican$e~dCO02022 11/18/2003 12:00 FAX 305 296 2727 BENDER & ASSOCIATES ~002 Evans Environmental & Geosciences Miami Lakes, FL 33016 (305) 374-8300 (305) 374-9004 Fax November 5, 2003 Project No. 2003-2138 Mr. Bert Bender, Amhitect Bender & Associates Architects 401 Angeia Street Key West, Florida 33040 Subject: Asbestos Record Review and Recommendations Historic Boynton Beach High School 125 East Ocean Avenue Boynton Beach, Florida Dear Mr. Bender:. The historic Boynton Beach High School building is under consideration for either historic rer~,;~on or complete demolition. Bender & Associates Architects has provided EI:&G with some re :ords involving previous asbestos sampling episodes at the site. This letter is a review summar., and recommendations with cost estimates for updating the records for permitting purposes~ Bender Architects provided EE&G with the following documents 1) A 1993 ATEG review' and recommendation letter of Entek/Palm Beach Oounty School Board data from 1992 outlining; ~ion items and possible cost implications for each, and 2) an engineering report from lgg3 outlining,Y(her structural issues and possible remedial costs. Based on EE&G's review of these items we pre i:ose the following recommendations: For Renovation or Demolition of the BBHS structure (interiors and roof): 1. EE&G agrees with April 1;)93 ATEC evaluation ot the available limited data in that sar~ piing was not extensive enough in types of suspect materials sampled and also the numl,~r of samples of materials sampled. EE&G will provide a proposal to perform this inspection under separate cover. 2. Additional sampling will be necessary (i.e. a complete comprehensive updated surw~y) to produce a survey document that. is acceptable for Palm Beach County DNPuo pern' tting review prior to renovations. This sampling should include the roof also as no sampling,:,l:the roof decks (field membranes or flashings) was previously performed. 3. This updated document would also serve as a platform for soliciting bids from qu; lified contractors for abatement removal as needed as per specified by renovation plans whic:~ are yet unknown. 11/18/2003 12:00 FAX 305 296 2727 BENDER & ASSOCIATES ~003 Mr. Bert Bender November 5, 2003 Page 2 4o As for estimated removal costs, based on previous data and EE&G's site observations,:,~Jring a recent visit, probable ACMs definitely include all previously identified 9x9~ floor til !~ and adhering black mastic which total approximately 18,000 square feet. If abated il~ one mobilization on both floors, the cost for this removal could approach $3 per square f :,ot or approximately $55,000. This does not include related consulting/testing costs (10-1~!% of removal costs) or replacement/repair of any damaged wood flooring if that occurs. On, ? note to consider i$ that for demolition of the entire structure, no removal of ACM floorings, ,/ould be required as they are nonfriable materials that could be demolished in place and thus .~nfact witht the structure. This exception also applies to any nonfriable asphalt-based ACM n ~ofing materials identif'~cl also. 5. As for "assumed" ACM pipe rittings, straight run insulation, miscellaneous 12x12" floo~ tiles, and a kiln, EE&G would estimate an additional $10,000 for their removal only if the y are confirmed to be ACM during the resurvey. This cost may be less if work is pref¢ ~-med following necessary demolition of damaged plaster ceilings and walls on both floors. 6. As for previously unsampled and thus unidentified items, EE&G cannot estimate this re '~oval amount although the relative structural simplicity of the structure and Iow diversity of bt lilding components and finishes would point towards a lower unknown cost as compared wf:h the flooring removal costs. 7. However, the largest building component to be impacted during this renovation/dern~lition would be the plaster system on walls and ceiling throughout the structure. Previous su ~veys assumed it to be ACM but also identified one sample as >1% asbestos, thus it is cons~ :lered to be ACM. EE&G would concentrate effort and samples on either confirming the !;nb're structure has ACM plaster or delineating a minimal amount is ACM by extensive samp lng in a smaller area. It cannot be ruled out that this one "positive" sample from 1992 may b !~ due to inspector sampling error (i.e. cross contamination) or lab technician errm (i.e. misidentification), although these possibilities are unlikely. 8. In any case, if plaster is confirmed to be ACM throughout the structure, EE&G estir, lates removal and disposal costs to be in the $250-$350,000 range ($5-7 per SF) for renovg ion or demolition purposes. Again this does not include consulting/testing fees which can 'ange from 10-15 % of total abatement costs. However, savings on other VFT abatement cost ~.' may be embedded in this figure as removal would be done en masse (i.e. per floor). BBHSACMRECLET.DOC 11/18/2003 12:00 FAX 305 296 2727 BENDER & ASSOCIATES ~004 Mr. Bert Bender November 5, 2003 Page 2 EE&G appreciates the opportunity to assist Bender & Associates. Please call me if you hay,; any questions regarding this proposal. Very truly yours /--? ~ / /,, Richard Orupenhoff Project Professional, EE&G Certified Abatement Designer BBHSACMRECLET. DOC 11/18/2003 12:01 FAX 305 296 2727 BENDER & ASSOCIATES ~005 Evans Environmental & Geosciences Miami Lakes, FL 33016 (305) 374~8300 (305) 374-9004 Fax November 5, 2003 Proposal No. 2003-2138-03 Mr. Bert Bender, Architect Bender & Associates Architects 401 Angela Street Key West, Florida 33040 Subject: Asbestos Renovation/Demolition Inspection Historic Boynton Beach High School 12S East Ocean Avenue Boynton Beach, Florida STATEMENT OF SERVICES EE&G will provide environmental consulting services to Bender & Associates Architects to co '~duct a comprehensive renovation and/or demolition survey of the subject building at the ahove- referenced address in Fort Lauderdale, Florida. Task I - Building Inspection and Sample Collection An EE&G asbestos inspector(s) will conduct a walk-through of the subject building to vi,, ually assess suspect friable and nonfrlable asbestos-containing materials (ACM) for concition, homogenous areas, and functional spaces. Upon receipt of notice to proceed, EE&G w~ll collE ,:t up to 75 bulk samples from the interior, exterior and roof decks and transport the samples to o .~r in- house asbestos laboratory for analysis. The estimate of 75 samples maximum assumes sam piing of each accessible homogenous area (HA) in the subject structure. Task 2 - Laboratory Analysi,~ Bulk samples will be analyzed for asbestos content by polarized light microscopy (PLM) at EE ![G's in-house asbestos laboratory. The laboratory analysis report will be included in the final asb, ~stos survey report. EE&G anticipates that 75 samples will be adequate to complete the survey ¢ '; the building and show asbestos content of representative materials within the structure. As per United States (US) Environmental Protection Agency (EPA) regulations, any f/~ble materials found to contain less than 10% asbestos by visual estimation, may require analysis b t~ the objective Point Count Method for confirmation of asbestos content. This analysis may be perfo~]Tmd for an additional $45 per sample at the request of the Client. Any unused sample fees Imm unanalyzed samples may be applied to any Point Counts required. C:~WINDOWS~DESK'rOP~BHSACMSURVPROP.DOC 11/18/2003 12:01 FAX 305 296 2727 BENDER & ASSOCIATES ~006 Mr. Bert Bender November 5, 2003 Page 2 of 5 Task 3 - Report Preparation EE&G will prepare a final written report containing our findings, and recommendations, based upon the results of the survey. Fietd/CADD diagrams and/or photographs will be provided in the n !port. The report will be reviewed and signed by a Licensed Asbestos Consultant. For an addition~l fee, EE&G can provide additional consulting services for the removal of identified friable or nonf 'iable ACBMs prior to renovation including bid assistance, contractor selection, and final air monit,:,Hng. FEE EE&G's estimated fee for completion of this project is not to exceed $3,250.00. This fee assumes that EE&G will survey the site in multiple site visits. This fee also assume:~ that each suspect material will be sampled and analyzed, and that 75 samples will be suffici( '~t to adequately survey the structure. If more than 75 samples are required to adequately complel e the survey, EE&G will collect the additional samples, Bender & Associates Architects will be nol ified, and the additional samples will be analyzed by PLM for $15 each upon authorization by The IJ rban s Group. This fee is expected to be sufficient to accomplish the Statement of Services descr :bed; however, no guarantee is made or implied. LIMITATIONS AND ASSUMPTIONS' The following limitations and assumptions apply to this proposal: If requested, EE&G may be required to collect roof and/or exterior samples to satisfy s[~rvey requirements. Although EE&G can temporarily patch sample holes, EE&G assume ~ no responsibility for voiding of any roof warranties or for the integrity of the roof or temp~ ~rary patch. EE&G recommends patching be conducted by a roofing contractor to maintair any roof warranty in force. · Our fee is based on the collection and analysis of up to a maximum 75 samples. The Owner of the property, or the Owner's authorized representative, will provide on.-Tall, complete access to all areas of the budding. · Some building materials may not be accessible or exposed due to renovafion/modific~ ~tion activities that have occurred since original building construction: EE&G will not be held responsible for sampling, analysis, and subsequent identification of ACBMs that are not "reasonably accessible". For the purpose of this proposal, "reasonably accessible" includes, but is not limited to, "accessible without destruction of floors, walls, or '~ard ceilings, capable of sampling with hand tools, and reachable with a 16' extension lad~ ler." · Any large scale destruction of walls or finishes in search of ACBMs will only be condu ::ted by EE&G at the direction of B&AA and only after wriffen permission is granted. · If available, the Owner will provide architectural plans available for use during the sur,,ey. C:~WINDOWS~DESKTOP~BBHSACMSURVPROP. DOC 11/18/2003 12:02 FAX 305 296 2727 BENDER & ASSOCIATES ~007 Mr. Bert Bender November 5, 2003 Page 3 of 5 Fees for work performed will be invoiced upon completion of the final report. EE&G appreciates the opportunity to assist Bender & Associates with this matter. Please ca!l us if you have any questions regarding this proposal. Very truly yours, 'Richard Grupenhoff Project Professional, EE&G Certified Abatement Designer C:~WINDOVVS~DESKTOI:~BB HSACMSURVPROP.DOC 11/18/2003 12:02 FAX 305 296 2727 BENDER & ASSOCIATES ~008 Mr. Bert Bender November 5, 2003 Page 4 of 5 PROFESSIONAL SERVICES AGREEMENT BETWEEN BENDER & ASSOCIATES ARCHITECTS AND EVANS ENVIRONMENTAL & GEOSClENCES This Agreement is made on the day of ,2003, by and between Bender & Asso :~ates Architects ("Ciienf') and Evans E~ental & Geosciences ('EE&G~). WlTNESSETH That for the considerations set forth below, the parties hereto do agree as follows: 1. Description of Services: EE&G's proposal #2003-2138-03, dated November 5, 2003. 2. Period of Performance: Testing will be performed as per B&AA schedule in 2003-2004. 3. Basis of Compensation: X Not to Exceed $3,250.00 without.prior authorization by B&AA. 4. Method of Invoicinfl: _~_ One invoice to be submitted at the completion of the project. __ Monthly Progress Invoicing 5. Professional Retaine~ Approximately 30% or $1,000 to cover mobilization and lab fees. 6. General Conditions: a. Payment for invoices prepared by EE&G are due and payable upon receipt. All balanc~;s on invoices not paid within 30 days of receipt are subject to a monthly 1.5% interest rote. b. This Agreement may be terminated by either party hereto upon 15 days notice in writing t :) the other party. Upon termination, EE&G w~l prepare and submit a final invoice for services mn('~.red to the date of termination together with any termination expenses incurred. . c. The parties hereto wil! maintain in full force and effect comprehensive public Jlability insurance; with coverage limits which are reasonable in light of the work to be undertaken, and workn ~en's compensation insurance as required by law. - d. Any drawings and specifications developed pursuant to this Agreement are instnJments ofseJ vice, and as such the original documents, tracings, and field notes are and remain the properly of EE&G regardless of whether the work for which they were prepared is executed. C:~WI NDOWS/DESKTOI:~,B BHSACMS UR~ROP.DOC 11/18/2003 12:02 FAX 305 296 2727 BENDER & ASSOCIATES ~009 Mr. Bert Bender November 5, 2003 Page 5 of 5 e. In the event that legal action is instituted to enforce any of the terms of this Agreement, the. party which does not prevail will pay the legal expenses of the prevailing party, including attorney'. ;-lees. f. The parties hereto each binds itself, ils successors, executors, administrators and assigns lo the other party to this Agreement and to the successors, executors, administrators and assi ;ns of such other party in respect of all.covenants of this Agreement. g. EE&G's liability for services to be rendered under this Agreement will be limited to $1,000,~ }00 or the amount of EE&G's fee (whichever is greater), unless Client pays for the assumpl :,n of additional liability by EE&G as a separate line item in Article 3, Compensation. h. If applicable, Client agrees that EE&G will not be responsible for liability caused by the pr~ ~ence or release of hazardous substances at the site. The Client will either make others responsl :,le for liabilities due to such conditions, or will indemnify and save harmless EE&G from such li~:bility. The provisions of this Article (6,h) will survive any termination of this Agreement IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by thei,' duly authorized officem on the date first written above. EE&G: Client: Bender & Associates Architects SIGN: SIGN: NAME: NAME: TITLE: TITLE: DATE: DATE: BBHSACMSURVPROP.DOC The City of Boynton Beach, Florida Risk Management Department. .... RECEIVED F TO: Kurt Bressner / NOV 2 4 2003 City Manager CIIY MANAGER'S OFFICE FROM: Chuck Magazine [~) (~r~44 Risk Manager L DATE: November 24, 2003 SUBJECT: Old High School Per your request, I am providing a report based upon previous inspections and reports regarding this building. It is my understanding that the CRA has obtained a report outlining a proposal to renovate the building and bring it up to a usable status. September 30, 1992 A report was completed by Gee & Jenson Engineers. This was based upon a walk-through assessment of the two school buildings. No monetary costs were included in this report. There was a recommendation for a thorough investigation of the structure and utilities. It was also recommended that research be done to determine what requirements were necessary to meet life safety codes and ADA requirements, along with hazardous materials, such as asbestos. (See Attachment A.) April 14, 1993 A Buildings and Site Compliance Review for ADA/Handicapped Accessibility and Life Safety Issues was completed by Gee & Jenson Engineers. This was completed on both the elementary and high school. The projected costs for the high school just for ADA/Handicapped and Life Safety totaled $465,080.00. (See Attachment B.) August5,1997 City Commission Agenda item recommending approval to demolish the old high school. This listed minimum repairs to the roof, HVAC, and termite treatment costing approximately $300,000.00. Bringing the building up to minimum code requirements would cost approximately $1,306,404.00. Complete restoration of the building was estimated at between $3.5 and $5 million. The recommendation included as an attachment, Facilities Management Division Memorandum No. 97-91. This included a breakdown of estimated costs for the high school of $3,480,724.00. It also noted the cost of demolition as estimated between $80,000-$120,000.00. (See Attachment C.) September 11, 1997 Memorandum from Fire Chief discussing issues related to planned use of building as relates to life safety code. It was noted, "...most major systems would require renovation." It was also noted, "...problems identified related to building (structural), electrical, and plumbing..." No cost estimates were included. (See Attachment D.) TO: Kurt Bressner SUBJECT: Old High School November 24, 2003 October24,2000 Memorandum from Fire Chief to City Manager. This memorandum advised the need to remove all active storage from the building. Also see attached memorandum dated July 28, 1999 from Fire Marshall to Fire Chief advising that was red tagged to prohibit admittance. Also see attached memorandum dated November 16, 1999 from Fire Marshall to Fire Chief identifying nine minimum upgrades required. No cost estimates were included. (See Attachment E.) October 8, 2001 Memorandum from Building Official to Director of Development. This memorandum reviewed the inspection of the old high school on behalf of the representatives for the Boynton Beach Historical Society. This included architect and general contractor, along with the City's Fire Marshall, Plumbing and Mechanical Inspector, Building Official and Risk Manager. This inspection was overseen by an outside safety consultant. This memorandum documented the discussion with the architect after the inspection. The architect estimated the cost to rehabilitate the building at between $3.5 and $4 million. Also see attached report of building inspection conducted on April 3, 2001, by Building Official and staff. No cost estimates were included. (See Attachment F.) The Report to the City Commission from the Old High School Task Force, based upon the Existing Conditions & Structural Analysis conducted by Bender & Associates, outlines a two- phase renovation of the building. The first phase is predominantly pigeon feces abatement and re-roofing, for a total of $209,000.00. The second phase is the actual renovation of the building for a total of $3,366,000.00. I am neither an engineer nor an architect, so I am unable to discuss any conflicts or discrepancies between the Bender analysis and those documents and comments, regarding this building, go back as far as 1992. I would point out that previous estimates were in excess of $3.5 million going back as far as 1997. If this project is to be taken over by the CRA, I would strongly recommend that the CRA purchase the building (not the land) and assume full responsibility for this project. This would allow the City to remove the building from our list of insured buildings, and to transfer the risk totally to the CRA. Please advise if you need additional information in this matter. ATTACHMENTS cc: Wilfred Hawkins, Assistant City Manager RM/OId High School Review 11 2003 Attmchment A I~C~IV~D OCT I 1992 CITY MANAGER'S OFFICE GEE & JENSON Engineers-Nchitects- September 30, 1992 I~annem. City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Attention: Ms. Carrie Parker Assistant City Manager Re: Review of School Bldgs. S. of City Hall Gentlemen: On the afternoon of September 24, 1992, I performed a walk-though assessment of the two school buildings to the south of Boynton City hall. Accompanying me on this walk-through were Carrie Parker (present for part of the time), Bill Debeck, and school custodians (two men alternated). As far as I know, we were able to gain access to all rooms. We first went through the larger two story building (Building 1) on the west side of the site which was built in 1927, and then through the smaller two story building to the east (Building 2) which was built in 1913. Copies of the rough floor plans of the two buildings that were provided to me at the time of my visit are attached hereto. Both buildings have appa- rently been repaired, modified and remodeled a number of times since their original construction, so it is difficult to always know the age of any particular components. No uncovering of struc- tural components was attempted, so my comments regarding the struc- tural characteristics of the two structures is limited to what I could see during my brief visit. PURPOSE: As I understand the situation, it is the City's intent to take over these two buildings from the County School Board in the near future and restore/remodel them for use as office space, museum space, public activity centers, and possibly a theater in the gymnasium/- assembly area in the upstairs area of the Building 1. Being a structural engineer, my primary purpose was to assess the struc- tural implications of the restoration and conversion of these buildings. I was also asked to provide suggested wording for an RFP for Architect-Engineer services for the City's use in contract- lng for preparation of a schematic design for the proposed improve- ments. One Harvard Circle · West Palm Beach, Florida 33409-1923 · 407/683-3301 · FAX 407/686-7446 City of Boynton Beach Attn: Carrie Parker Date: Sept. 30, 1992 Page: 2 OBSERVATIONS' BUILDING 1 It is difficult to tell without breaking out sections of the wall, but it appears that the walls of primary structure of Building t are constructed of red clay block masonry covered with stucco on the outside and furred out and lathed with 0.5" x 2" wood lath, and plastered or smooth stuccoed on the inside. The red clay block construction is visible in the boiler room (room 114) at the north- west corner of the first level and on the north, east and west sides of the stage (room 20lA). The wood lath is visible in the stair in the northeast corner (adjacent to room 118). The interior walls vary from stucco on wood lath over wood frame construction to drywall over wood frame construction to stucco over concrete masonry. Some of the second floor framing appears to be wood joists to wood beams and columns, while other areas appear to be cast-in-place concrete slab/joists to concrete beams and concrete columns. In rooms 113 and 118 wood columns are visible. In room 111 concrete joists are visible. These concrete joists were cast with the slab, but do not have a smooth formed finish - they have more of an "adobe" like finish which indicates that they may have been plas- tered over. The slab over one of the spans of joists is cracked at about mid-span perpendicular to the joists across the whole room. It is perplexing as to why this crack is present, since the slab in this type of system would normally be in compression at mid-span. Note that room 111 is directly under the gymnasium. In other rooms, the floor and roof structure were hidden by acoustical ceilings - either the old surface applied square perforated tiles or newer suspended acoustical ceilings (sometimes over the older square tiles). In room 118 there is a 6 to 8 inch square wood column built into the west wall that has significant termite damage. We opened a small wood door near the center of this west wall and found a plumbing chase (double wall with 2 to 3 feet of space between) in which the exposed 2x4 studs were heavily deteriorated by termites. Several of the studs were completely eaten through at the base and therefor were not connected to the base 2x4. The small wood door had a sign on the front'indicating ,,Caution - Asbestos". There was other evidence of termite infestation around the wooden door frames in rooms 118 and 120. There were also significant cracks in the ceiling of room 118. This ceiling appeared to be a cast-in-place GEE&JENSON City of Boynton Beach Attn: Carrie Parker Date: Sept. 30, 1992 Page: 3 concrete slab and would be under the stage in room 20lA above. It is not clear what caused this slab to crack. It will be necessary to look under the stage area which was inaccessible at the time of my visit. In my opinion, these cracks did not appear to be a sign of any pending collapse, but they should be investigated further. Any loose concrete pieces could possibly fall and cause injury. In room 105, there are cracks in the partition walls which follow the joints in the drywall or lath board. These do not appear to be of any structural significance. Cracks in the walls of the cor- ridor between rooms 105 (now 103) and 106 may be signs of settle- ment or merely cracks in the plaster of partitions. They look repairable. There is water staining on the ceiling of room 104 (now room 102) which indicate either roof or exterior wall leaks. If from a roof leak, the water would be coming down through the walls in room 208 above. There are a number of ceiling stains on the second floor which indicate a history of roof leaks in the flat portion of the roof to the south of the Gym. The custodian indi- cated that the roof is patched often. In room 201, the gymnasium/assembly room on the second floor, the roof structure appeared to be in satisfactory condition with no signs of corrosion of the joints or members of the steel roof trusses. A more detailed investigation would be required to determine the actual truss capacity including a search for the original drawings, a close up inspection of the trusses to check for corrosion damage and weakened connections, and, if drawings cannot be found, detailed measurements of the members and connec- tions to calculate the design capacity. There are no visible signs of distress in these trusses from the floor level to cause any immediate concern. Some of the wood framing and wood sheathing of the roof appears to have been recently repaired. New unpainted joists and plywood sheathing is visible from the floor. These roof elements were assumably replaced in conjunction with recent re- roofing of the ~u/m. From the outside, the roofing material appears to be relatively new, and new gutters and down-spouts have been installed. There are no air conditioning or fire sprinklers in the gym which will likely be required if the gym is converted to a theatre. The wood floor has some water damage and there may have been some termites in the floor at one time. The space under the stage should be checked'for structural distress and termites. We did not find access to this space. The gym connects to the remain- der of the upstairs via corridors with wood framed walls which may have to be fire rated if this space is to be used as a theatre. GEE & JENSON City of Boynton Beach Attn: Carrie Parker Date: Sept. 30, 1992 Page: 4 Fire sprinklers, air conditioning, fire rated access/e~ress, elevators, ADA requirements, restroom requirements to current codes, and acoustics will be issues which will need investigation before this space can be converted to a theatre or any other type of public assembly type area. In other areas of the upper floor I found no significant signs of structural distress that were not repairable. There are a number of water stains on the ceilings which indicate current or previous roof or wall leaks. There are some settlement cracks visible in the exterior walls of this building although none that I saw were any cause for alarm. All of these cracks should be properly repaired to prevent intru- sion of water and further deterioration. Proper repair will involve routin~ out the cracks for the thickness of the stucco, caulkin~ and fillin~ with appropriate patchin9 mortar. More active cracks may require removal of stucco, coverin~ with wire lath, and restuccoin~. Access to the crawl space under the buildin~ was limited to two small openings on the south side of the building. The substructure of the first floor should be inspected for signs of distress and termites. BUILDING 2- Buildin~ 2 is constructed of concrete masonry units with a stone- like exterior appearance. The walls around the bell tower above the sloped roof are wood frame covered with embossed sheet metal with a pattern similar to the stone like-masonry below. The inter- ior floors, partitions and roof structure all appear to be wood frame. There are no significant signs of structural distress in this building, although there are a number of areas on the second floor that have water damage to the ceilings. A brief look in the attic space between the second flOor and the bell tower found the wood structure in fair condition with some water soaked areas in the sheathing. The shingle roof over the major area of the ~oof is severely a~ed with some spot areas having been replaced with new asphalt shingles which do not match and which are probably leaking around the perimeter of the patches. The covered steps/porch at the south entrance to the buildin~ has been recently reroofed with brownish asphalt shingles. The shingles on the remainder of the buildin~ are silverish. The only access to the upper floor is from GEE & JENSON City of Boynton Beach Attn: Carrie Parker Date: Sept. 30, 1992 Page: 5 the interior wood stair and two exterior steel stairs. The steel stairs should be checked for conformance to current codes and at least cleaned and painted for corrosion protection. There is a wood ramp to the first floor entrance on the south side of the building. There was no access available to the crawl space under the build- ing, only small grated vents in the stem walls. It will be neces- sary to cut an access through either the stem wall or the wood floor in order to assess the structural soundness of the floor and check for termite damage. RECOMMENDATIONS: A more thorough investigation of the structure and building util- ities will be required as a part of the schematic design of any proposed modifications to the structure. This investigation shOuld include a search through the School Board's records for any orig- inal drawings and/or drawings and speCifications of any remodeling or repair projects. The record search should include review of existing and previous maintenance contracts on equipment to deter- mine the service history of the existing mechanical equipment and a review of existing and previous termite/pest control contracts to see what kind of damage was previously uncovered and what was done about it. Detailed plans of the layout of the existing buildings may require development from field measurements. Research of the building and life safety codes and the ADA require- ments will have to be done to determine modifications or limita- tions that apply to these intended uses. The need for such things as fire sprinklers, fire walls, rated doors, elevators, fire rated corridors and stairs, ramps, handicap accessible restrooms, etc., should be verified. The floor capacity of the gymnasium will have to be verified by calculation or by reference on the original .plans. I expect that the roofs of both buildings will have to be replaced except for possibly the gym roof in building 1 and the porch roof on building 2. It appears that the school board has previously investigated.the presence of hazardous materials such as asbestos. If their records are not adequate, a hazardous material survey should be performed. The sign in room 118 and the asbestos tiles on the floors will likely have to be dealt with at some point. In addition to the factors directly involved with the GEF- & JENSON City of Boynton Beach Attn: Carrie Parker Date: Sept. 30, 1992 Page: 6 buildings, such things as parking adequacy for the intended usage, and adequacy of building utility connections and site drainage will have to be checked. Once the general intent of the use of the various spaces is known, then there needs to be a thorough structural investigation of the buildings with the intended design loads in mind. This investi- gation should include removal of selected areas of plaster from ceilings and walls and complete inspection of the crawl space under both buildings. Based on what is found, the load capacities of the floors can be approximated and any needed reinforcing of the struc- ture designed. Uses such as libraries, computer rooms and storage may have to be limited to the 'ground floor with some reinforcing of the floor in those areas. RECOMMENDED R.F.P.: The scope of the Architect/Engineer contract for the Schematic Design Phase of the project should include the following services: 1. Review of school board records for original drawings and records of remodeling and repairs including equipment mainte- nance contracts and term%re/pest control contracts, and any studies or hazardous material surveys. 2. Meet with the City's restoration committee and staff to discuss the desired uses future uses of the buildings and potentials for historical restoration of the buildings exter- ior and public areas. 3. Review building and life safety codes, ADA (Americans with Disabilities Act) regulations, and applicable Florida Statutes as they would apply to the intended uses of the subject buildings. 4. Inspect the condition of the structural, mechanical, electrical and plumbing systems in these buildings for sound- ness and suitability for the proposed uses. Include inspec- tion of the underside of the ground floors from the crawl spaces under the buildings and include removal of isolated areas of the ceilings and walls for inspection of typical structural systems and plumbing/electrical. Provide a written report including a structural engineers evaluation of the GEF_ & JENSON City of Boynton Beach Attn: Carrie Parker Date: Sept. 30, 1992 Page: 7 allowable floor loadings. The report shall also include an evaluation of building utility services, parking, and site drainage. 5. Perform a hazardous material survey and submit a written report. 6. Provide a written report with schematic plans and eleva- tions describing alternate schemes and required modifications. The report shall include discussion of building and life safety code requirements, ADA requirements, parking, structu- ral modifications, and mechanical/electrical modifications. A discussion of the potential historical architectural and in- terior restoration concepts shall be featured in this report. Budget estimates of the primary concepts shall be included in the report. 7. Present the above report to the City restoration committee and staff. 8. Prepare a final schematic report with a refined budget estimate for the scheme favored by the committee and staff. I hope that the above meets your needs. If you have any questions, please advise. ru~f~yours, David W. Mock, P.E. Structural Engineer DWM/dwm 91-025.42/203 cc: Richard Staudinger GEE & JENSON Attachment B BOYNTON BEACH HISTORIC SCHOOLS EXISTING HIGH SCHOOL AND EXISTING ELEMENTARY SCHOOL CITY OF BOYNTON BEACH, FLORIDA BUILDINGS AND SITE COMPUANCE REVIEW FOR ADA/HANDICAPPED ACCESSIBIUTY AND UFE SAFETY ISSUES APRIL 14, 1993 GEE & JENSC ~:~ ® ~ ® Engineers, Architects Planners, Inc. 1. Preface 2. Existing High School 3, Existing Elementary School 4, Building Site 5. Life Safety 6. Cost Implementation Considerations 7, Appendices First Floor Plan High School Second Floor Plan High School Photographs. High School First FloorPlan Elementary School Second Floor Plan Elementary School Photographs - Elementary School Photographs - Site/Parking GEE & JENSON Engineers - Architects - Planners, Inc. BOYNTON BEACH HISTORIC.SCHOOLS EXISTING HIGH SCHOOL AND EXISTING ELEMENTARY SCHOOL CITY OF BOYNTON BEACH, FLORIDA BUILDINGS AND SITE COMPLIANCE REVIEW FOR ADA (AMERICANS WITH DISABILITIES ACT)/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES This study is a cursory review of the two buildings and related site in reference to compliance with the Americans with Disabilities Act (ADA)/handicapped and life safety considerations. The buildings may change their usage and/or be renovated into different interior floor plan configurations in the future. The intent of this study is to review the existing conditions for basic compliance or lack thereof relative to meeting present ADA/handicapped accessibility and building life safety requirements without specific details and construction finish considerations. BOYNTON BEACH HISTORIC SCHOOLS ADA/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES BUILDINGS AND SITE COMPLIANCE REVIEW PAGE 2 Existinq Hiqh School The existing high school is a two story structure with a symmetrical floor plan. It has a centrally located second floor 'gymnatorium' which originally had its two entrances from the second floor main corridor. The gymnatorium floor level is 23' below the existing second floor level and was entered via ramps from the second floor corridor. The corresponding area below the gymnatorium is 25' below the first floor level. The following is an itemized review of existing conditions relative to ADA/handicapped accessibility requirements. It is supplemented by photographs and floor plans as attachments. 1. ExistinQ Main/South Entrance~ (two symmetrical entries) Entrance porches are approximately 21' Or 3 steps above grade and meet riser and tread requirements. However, existing problems are as follows: (See Photograph #1) Stair handrails must be round and be 1~' to 1Y=' diameter. Stair handrails must extend one tread dimension plus 12' past the bottom of the stair and 12' past the top of the stair. Handrails must be 34' - 38' high. - Provide detachable warning at upper stair level. (as per Florida State Accessibility requirements). - Provide ADA signage identifying accessible entrance. 2. Re(3uired Entrance Ramp One (either south entrance) entrance must have a accessible ramp -- there is no ramped entrance to the building; Required Ramp: 1' rise in 12' maximum. 1~,4' to 1Y2' diameter handrails on each side at 34'-38' high. Handrails extend 12' beyond each end of ramp. ...Provide ADA signage identifying accessible entrance. BOYNTON BEACH HISTORIC SCHOOLS ADA/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES BUILDINGS AND SITE COMPLIANCE REVIEW PAGE 3 3. Reouired Vestibule Ramo ~. ~- One entrance vestibule must have a ramp to overcome the two (2) steps (located within ,~ ~ each of the two vestibules) or the porch/vestibule floor level must be raised (approximately ~' ~' 14') to the first floor 'level and have only one (1) ramp from exterior grade to the first floor "~ '~' ~- level (see Photograph #2). As per item ~2, all physical ramp.r:equirements pertain. ~__.3~ o~ ~ .... .~- ~7' Provide detectable warning at upper stair level (as per Fiodda State Accessibility ~' Requirements). · Provide ADA signage identifying accessible routes and rooms. 4. Main Cordd0r and Classroom Doors (Se® Photographs #4 and #5) The main corridors on both the first and Second floors are 12' wide and access to classrooms and offices are basically through 36' wide doors (32' is minimum ,,~ requirement). Most doors open into the corridor from the classrooms for proper exiting ~) and have ample wall area adjacent the 'pull' side of the door jamb - 18' clear width required on the door knob side. Doors must have lever type hardware in lieu of existing round door knobs. Existing doors, if less than 32' wide, are indicated on the floor plan. Provide ADA signage identifying accessible routes and rooms. 5. Stairs tO Media Center, Cafeteria-Kitchen, Etc. There are two central symmetrical stairs (4 dsers each) that lead to the lower level of spaces from the first floor. The stairs accommodate a 25' height difference and each lead to a pair of extedor exit doors. (See Photographs #6 and #7 and the first floor plan.) Problems:' The stair rails are at the wrong height. The stair rails do not extend 12' beyond the top of the stair and one tread plus 12' beyond the bottom of the stair (See Photograph #6). ~ ~ The exit doors are each 2'-6' wide with a removable mullion between, but must be replaced by a single 3'-0' exit door (See Photograph #7). Provide detectable warning at upper stair level (as per Florida-State Accessibility Requirements) BOYNTON BEACH HISTORIC SCHOOLS ADA/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES BUILDINGS AND SITE COMPLIANCE REVIEW PAGE 4 - Provide ADA signage indicating accessible routes. - Provide ADA signage to all accessible rooms. 6. Exit Doors into North INorthwest and Northeast) Stairways Pairs of exit doors from interior spaces into the north stairways are pairs of 2'-6' wide doors which must be replaced with single 3'-0' exit doors (see Photograph #8). This problem is the same on the lower floor level and the existing gymnatorium floor level above (2 pairs of doors on each level - see first and second floor plans). Provide ADA signage identifying accessible routes. 7A. Main Stairways (2) Problems: Stair rails are wrong acceptable height. Rails do not extend 12' beyond top of stair/landing and I tread plus 12' beyond bottom of stair/landing. - Adhere to stair 'nosing' requirements such as providing flush risers '-LF- or rounded nosings. - Stair rails must be 1~,4' to 1V2' diameter with no projections or interruptions (2' diameter existing) (see Photographs #9 and #10). - Provide detectable warning at upper level of stair (as per Florida Accessibility Requirements). - Provide visual and audible alarm. 7B. North {Northwest and Northeast) Exit Stairways (2) from Lower First Floor to Gymnatorium Level Problems: Similar to main stairways plus: - Handrail needed on both side of stairs, 1Y2' from walls min. ,~ ..... (see Photograph #10A). - Provide detectable warning at upper level of stair (as per Florida AcCessibility Requirements). BOYNTON BEACH HISTORIC SCHOOLS ADA/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES BUILDINGS AN;) SITE COMPLIANCE REVIEW-- PAGE 5 Provide ADA signage. Provide visual and audible alarm. 8. Toilet Room~ and Fixtures There are two main symmetrically located toilet rooms on each floor level. Boys are on~ the west and girls are on the east side. The total number of fixtures (water closets, lavatories, urinals and drinking fountains) must be in accordance with building/plumbing code requirements for the type of building occupancy. Problems: Entrances into the toilet rooms are not wide enough (min.. 2'-8" wide door opening'plus 18' side jamb). (See Photographs #11 and #12.) There must be one handicapped stall in each of the boys and girls toilet rooms which has a water closet and a lavatory within the stall. 5'-8' x 5'-8' are the min. stall dimensions. There are required fixture locations relative to walls and each other within the stall, and toilet accessory mounting height requirements must be met. Present fixture heights and fixture spacings are tight and incorrect to qualify for handicap accessibility. Mirrors and toilet accessories must also be mounted at ADA required heights. Presently they are not in compliance. (See F~, ~otographs #13 and #14.) ~ .~ Water coolers: Accessible water coolers must have the spout outlet "~ no more than 36' from the floor and have front or side mour~ted ~ ~ '--- controls (see Photograph #15). Existing water coolers do not meet ~- '~-~ ~ requirements. Provide ADA room signage. Provide visual and audible alarm. BOYNTON BEACH HISTORIC SCHOOLS ADA/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES BUILDINGS AND SITE COMPLIANCE REVIEW PAGE 6 9A. Gymnatorium The combination gymnasium and auditorium was originally entered by two ramped entrances from the main second floor corridor (presently boarded up). Ramps are too steep and have no railings (see Photograph #16). Accessible ramps would basically have to be twice as long as they now are to properly ~/'*"-- provide for the 23' height change. - Existing seating for 221~ is provided in perimeter e!evated rows on three sides but there are no available seating locations presently ~or handicapped -- no seating is located directly on the gymnatorium floor level (see photographs #17, #18 and #19). 9B. Stage Area The stage is 41' above the gymnatodum floor and is accessible by only two side stairways: Problems: ~,~L-,~ Stairs have no railings. Lack of accessible ramp or lift from gymnatorium to stage area. (See Photographs #20 and #21.) r) Provide ADA signage. ~ Provide visual and audible alarms. 10. Vertical Accessibility/Elevator There is no elevator in the existing building to serve the four basic floor levels in the building: Floor Levels: ,.~'~._~: First Floor North central first floor (which is 25±' lower than the first floor) c, Second Floor d. North central second floor (which is 23-~:' lower than the second floor) Provide ADA signage. BOYNTON BEACH HISTORIC SCHOOLS ADA/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES BUILDINGS AND SITE COMPLIANCE REVIEW PAGE 7 As noted in 9B, there also is the stage level which is 41' higher than the lower second floor (gymnatorium) level. The following is an example of providing accessibility to the four floor levels. Elevator: EXAMPLE A. In order to provide access to each of the four levels, an elevator would have to be placed centrally within the building located north of the main east/west corridor for first and second level entry and from the north side. for lower first and lower second level entry. Thus, the elevator would have entrances on both side of the cab (north and south) giving access to all four levels (see floor plans HS-1 and HS-2 for example). · B. An elevator could also be centrally located adjacent the main corridor to serve only the main first and second floor levels. With this scenario, we will still need access to .the lower second floor (gymnatorium level) and lower'first floor level via ramps. This is a more complex solution since.approximately 24' of ramp length is required (1:12 slope) to access the lower first and second floors. In both scenarios, the elevator-will be required to meet all ADA requirements in regard to cab size, signage,/braille, audio, etc. BOYNTON BEACH HISTORIC SCHOOLS ADA/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES BUILDINGS AND SITE COMPLIANCE REVIEW PAGE 19 Cost Imr)lementation Considerations for Basic ADA/Handicar)r)ed and Life Safety Item~ The following cost considerations are concept estimates which are provided only as an idea of cost implementation considerations relative to ADA/handicap and life safety items. These items need to be developed into itemized renovation project components based upon actual modification design concepts including detailed drawings, equipment/components, materials and finishes. No updating of general building appearance/finishes are included since possible building occupancy or use changes may occur. BOYNTON BEACH HISTORIC SCHOOLS ADA/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES BUILDINGS AND SITE COMPLIANCE REVIEW. PAGE 20 Hiah School ADA/Handicapped and Life Safety Cost Considerations 1. Main Entrance Stairs $1,000.00 - New rails, stair finish considerations 2. Main Entrance Handicapped Ramp Complete 4,000.00 3. Vestibule RamP (maybe part of main entrance ramp) 2,000.00 4. Provide new handicap accessible elevator 85,000.00 to serve 4 floor levels (two sides cab entry, 4 stops) including required building construction renovation 5. Renovate 4 toilet rooms complete with new 80,800.00 fixtures and finishes ($20,200 each) 6. Per plan, remove existing pairs of 2'-6' 15,000.00 exit doors and replace with new single 3'-0' door/frame/hardware complete including closing finishing adjacent wall (10 @ $1,500 each) 7.. Remove pair of existing 2'-6' northeast and 4,000.00 northwest stair exit doors to replace with pair 3'-0' doors ($2,000 each) 8. New door hardware per ADA requirements 9,500.00 (38+ doors) 9. Remove existing north exit door to extedor 1,500.00 and replace with new 3'-0' door/frame/hardware 10. Main stair area modification (2 stairs) 8,000.00 new handrails detectable warning finishes - enclose area under stair ($4,000 each stair) BOYNTON BEACH HISTORIC SCHOOLS ADA/HANDICAPPED ACCESSIBILITY AND LIFE SAFETY ISSUES BUILDINGS AND SITE COMPLIANCE REVIEW PAGE 21 11. Northwest/northeast stairs (2 stairs) 5,000.00 ($2,500 each) 12. ADA signage complete 4,000.00 13. Audible/visual alarms (24± @ $125 each) 3,000.00 14.. Fire rated assemblies/requirements - exit access corridors $14,000 - stair towers 24,000 - vertical shafts 3,000 smoke evacuation i5,000 fire sprinklers (entire bUilding) 70,000 floor ceiling assemblies 20,000 roof assembly 14,000 exit corddor doors/frames/hardware 24,000 - stair tower doors/frames/hardware 5,000 - stair tower pressurization 11,000 200,000 $422,800 10% contingency 42,280 $465,080 Attachment C CITY,OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meefin~ Dates in to City Manar, er's Office Meeting, Dates in to City Manager's Office [] May 6, 1997 April 25, 1997 (noon) [] July 1, 1997 June 20, 1997 (noon) [] May 20, 1997 May 9, 1997 (noon) [] July 15, 1997 July 3, 1997 (Thursday noon) [] June 3, 1997 May 23, 1997 (noon) [~ August 5, 1997 July 25, 1997 (noon) [] June 17, 1997 June 6, 1997 (noon) [] August 19, 1997 August 8, 1997 (noon) RECOMMENDATION: A Motion to approve the demolition of the 1927 Mangrove High School Building. EXPLANATION: Studies and plans for Downtown Development do not support the renovation/remodeling of this structure for City uses. The best use of this site is possibly for expanded parking and green areas to support the City Hall Complex, the new Cultural Centre, and an expanded Civic Center. PROGRAM IMPACT: The High School has a total area under roof of approximately 28,000 squ~e feet. The building is presently being used for the following purposes: 1. Temporary Offices for F'mance during IAQ Clean-up. 2. Warehouse Storage of files and records. 3. Recreation Storage 4. Police Storage 5. ARC (The Association for Retarded Citizens) 6. Dick Webber Center 7. Planning & Zoning and Code Enforcement Files/Records for scanning. , The building is in "useable" condition having the electrical, plumbing, and HVAC systems all working and in fair physical shape as far as the walls, floors, doors, ceilings, etc. This is no.__~t to say it meets present Building, Occupancy or Life/Safety Codes or does not need major repairs. As noted in previous reports the building is structurally sound. The greatest present problem the demolition of this building would cause, would be the loss of the storage areas. Alternate space would i need to be built or leased before demolition could occur. This building was also planned for use to store the Cultural Contre's traveling , display ~torage crates and displays waiting to be assembled. FIscAL IMPACT: Estimated cost for demolition is approximately $70,000 including abatement requirements. ALTERNATIVES: 1. Leave as is and repair as breakdowns occur with the realization it does not meet Access and Building Codes and is a high maintenance structure. 2. Complete minimum repairs to the roofing and HVAC and Termite Treatment at a cost of approximately $300,000. 3. Do minimum Code requirements and repairs at a cost of approximately $1,306,404. 4. Complete Historical Restoration. This making no major changes to 'the present layout. The cost would be approximately $3,500,00 to $5,000,000. Department Head's Signature City Manager's Signature · Department Name S:~BU! .I .N-~Tli~FORMS~a. GENDA ITEM REQUEST FORM.DOC FACILITIES MANAGEMENT DMSION Memorandum No. 97-91 TO: Charles Frederick, Recreation & Parks Director FROM: Bill DeBeck, Facilities Manager DATE: June 17, 1997 SUBJECT: High School Building he large school building (referred to as the "high school") was built in 1927. It has a total area under roof of approximately 28,000 sq.ft. The building presen.tly is being used for a number of various purposes. 1. Temporary Offices for Finance during IAQ Clean-up. 2. Warehouse Storage of files and records. x,~~ 3. Recreation Storage. 4. Police Storage. 5. ARC (Association for Retarded Citizen) 6. Dick Webber Center / 7. Planning & Zoning and Code Enforcement Files/Records for scanning. The building is in "useable" condition having the electrical, plumbing, and HVAC systems all working and in fair physical shape as far as walls, floors, doors, ceilings, etc. This is not to say it meets present Building, Occupany or Life/Safety Codes or does not need major repairs. As noted in... previous reports the building is structurally sound. · om t~e~B~dihgxDepartment to try/t~ de~'/,de what work,.at~imum, woul~..,be reqt~ired to continue ~ts'ing this build4ng. The main 5;l/uestion i~what is it gocfg to bek~used for~ th~ has ~major effect/ol? th.e requirement'S,. The secon/d/question coh,cerns ho /fong is it goa~g-~be used,"- as some repairs~need to be done now and's~ipment is very dtdmad~unreliable. The four (4) choices appear to be as follows. 1. Leave as is and repair as breakdowns occur with the realization it does not meet Access and Charles Frederick June 17, 1997 Page 2 2. Complete minimum repairs to the roofing and HVAC and Termite Treatment at a cost of approximately $300,000. 3. Do minimum Code requirements and repairs at a cost of approximately $1,306,404. 4. Complete Historical Restoration. This making no major changes to the present layout. The cost would be approximately $3,500,000.40 .~ ooo.~c, oc, , These prices are based on the estimates done by the SMITH ARCHITECTURAL GROUP in June of 1993. The other option discussed was to demolish the stmcture at an approximate cost of $80,000- $120,000 to make room for additional parking and green space. BDB/pl Attachments Hiqh School Estimated Costs DESCRIPTION COST PHASE Structural: Truss repair $ 21,000 III Roof (Gym) 4,200 III Steel beam repair 14,000 III 2nd floor wood floor 2,800 III Cracks 21,000 III Termite damage 28,000 III 2nd floor concrete floor 42,000 III Spall repair 35,000 III Exterior wall cracks 21,000 III Chimney 4,200 III Systems Mechanical 376,200 III Electrical 302,940 III Plumbing 247,860 III ADA/HC/Safet¥ Main entrance stairs 5,600~ III Elevator 119,0006/ III Toilet Rooms 113,.120'~~ III Exterior doors 42,0005 III Rear stairs 7,000~ III Signage 5,600 ~ III Alarms 4,200~- III Fire rated assemblies 280,000~/ III Abatement 543,004 ~- III Architectural Roof 560,000 III Windows 210,000 IV Paint and patch 56,000 IV Landscape 49,000 V Lighting 35,000 V " (Int.) .. Ceilings, floors, walls 275,000 IV ~, Paint and patch 56,000 V Total High School $3,480,724 Attachment D BOYNTON BEACH FIRE RESCUE DEPARTMENT TO: Kerry Willis, City Manager FROM: William L. Bingham, Fire Chief SUBJ: Summary of Fire and Life Safety Requirements Old High School, 101 East Ocean Drive DATE: September 11, 1997 Life Safety requirements for the Old High School cannot be accurately determined until a decision is made regarding the specific use of the building. Once the occupancy is determined, appropriate Life Safety Codes can be identified and required. Therefore, the following reflects generic concerns that have previously been addressed and which would apply regardless of the classification. Section 1-8.3 of the Life Safety Code addresses Changes of Occupancy, and states that in any building or structure, whether necessitating a physical alteration or not, a change from one occupancy classification to another, or from one occupancy sub-classification to another sub-classification of the same occupancy, shall be permitted only if such building or structure conforms with the requirements of this Code applying to new construction for the proposed new use, as defined in the Life Safety Code 101:1-7.4. Whether classified under Existing, Assembly Occupancies, Educational, or Business Occupancies, specific applicable areas of concern, in accordance with the Life Safety Code include: travel distance to exits; lack of enclosed stairwells, stair-tower and hallway doors, and a questionable fire protection alarm system. According to the Life Safety Code, the "authority having jurisdiction" has the latitude to make exceptions with ~ of the above, providing that an automatic sprinkler system is provided throughout the building. Based on a previous examination of this building, it was determined that most major systems would require renovation. Many of the problems are related to building (structural), electrical, and plumbing, and therefore would be better addressed through the Building and Code Compliance Departments. This letter only reflects a summary. The specific Codes and other documentation are available upon your request. We will also be available to discuss issues of Fire and Life Safety as they relate to this building. Obviously, our pdmary concern is the safety of anyone who may occupy this building for any reason. Post-~ Fax Note__~ Attachment E BOYNTON BEACH FIRE RESCUE DEPARTMENT TO: Mr. Kurt Bressner, City Manager ,/~ FROM: William L. Bingham, Fire Chief ,,-~.~ .. SUBJECT: Mangrove Park School (Old High School) 125 East Ocean Avenue DATE: October 24, 2000 The Old High School is currently being used for active storage and has been for a number of years, in July 1999 after several inspections by both the Building and Fire rescue Departments, the building was red-tagged as too hazardous for occupation. There is no active fire protection system or adequate life safety features in the building. It was determined to be infested with rats, fleas, and other "critters", and it was deemed an additional liability for the City to occupy the building in light of homeless people that, on occasion, were known to occupy areas in and around the building. A complete file of all inspections and related documents is available upon request. This file includes pictures and minimum, albeit costly, upgrades that would be necessary for any habitation of the building. The Fire Rescue Department position is that limited storage has been allowed due to the lack of storage space available to the City. We recommend that no additional storage be placed in the building and that efforts be made to eliminate existing storage. The building should not be occupied under any circumstances,. except for the minimal time needed to retdeve stored materials. I hope that this clarifies concerns discussed at the EXCL meeting of Monday, October 23, 2000. As stated, this is a synopsis of along-standing issue and additional information is available upon request. cc. Steve Gale, Fire Marshal .. FIRE & LIFE SAFETY DIVISION' Memorandum No. 99-331 TO: William L. Bingham, Fire Chief FROM: Steve Gale, Deputy Chief/Fire Marshal~~'''~ DATE: July 28, 1999 SUBJECT: Mangrove School Building I recently inspected the Mangrove School building and find it too hazardous for occupation. I will be affixing red tags to entrance doors prohibiting admittance. Attachments FIRE & LIFE SAFETY DIVISION Memorandum No. 99-370 TO: Chief William L. Bingham FROM: Steve Gale, Fire Marshal ~ DATE: November 16, 1999 SUBJECT: Old High School The Old High School would require the following minimum upgrades: 1. American Disability Act requirements including an elevator, 2. Fire Alarm System (detection and notification). 3. Emergency and Exit lighting systems. 4. Electrical capacity of the building is inadequate and needs extensive upgrades. 5. Termite damage structural survey and asbestos/lead paint surveys. 6. Tent extermination of entire building to kill fleas and rats. 7. Fire extinguishers in all areas. 8. Fire sprinkler system. 9. Stairwells need to be protected/enclosed and wire mesh over windows needs to be removed. The type of occupancy will also determine more specific Fire and Life Safety requirements. NFPA 914 Fire Protection in Historic Structures provides guidelines and alternatives but the 9 items I listed above are standards not generally open to exception. Many problems need to be addressed by the appropriate Building Department Officials but all systems appear to require major renovation. I am available for any questions and can provide documentation as necessary. cc: file Attachment F DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO, 01-210 TO: Quintus Greene, Director of Develop. ment FROM: Don Johnson, Building Official DATE: October 8, 2001 SUBJECT: DEMOLITION-Old High School On September 7, 2001 I accompanied an inspection team through the old high school at 125 East Ocean Avenue. Chuck Magazine, Risk Manager, assembled this team. The City's team consisted of: Steve Gale, Fire Marshall; Joe Patrick, Plumbing & Mechanical Inspector; and myself. Individuals representing the committee that wishes to save the old high school were Rick Gonzalez and Darrin Engel of REG, Inc. Architects, and Dale Hedrick of Hedrick Brothers, General Contractor. Mr. Rick infante of Golder Associates was the safety c°nsultant that provided the respirators and safety clothing. The City staff's purpose was to answer questions that the architect and general contractor still had concerning the deterioration and safety concerns during the inspection. They were provided previous reports that were written by City staff. Questions were asked of staff concerning proper tenant separation, deterioration of the building, and asbestos abatement. After the inspection I inquired of the architect what he felt the cost would be to rehabilitate the building'. His estimate was aPproximately between 3.5 and 4 million dollars. DJ:bf Attachments Cc: Nancy Byrne Chuck Magazine s :~d2)evelopmen¢,Building Div\Documents~vlcmos in Word,Demolition-Old High School I 0-01 .doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-060 TO: Nancy Byrne, Assistant Director of Development FROM: Don Johnson, Building Official ~, DATE: Apr/1 4, 2001 SUBJECT: OLD BOYNTON BEACH HIGH SCHOOL - 125 E. OCEAN AVENUE Per your request of April 3,2001, Larry Buchanan' and I conducted a cursory inspection of the above referenced building to ascertain the integrity of the structure. My £mdings revealed the following. Exterior of buildin~ 1. The exterior of the building has many openings in the walls, mound windows, under doors and through the roof and floor where insects, rodents and rain can enter the building. Access to the roof was not available; however, due to stains on the ceilings, roof members, walls and floors, it was evident that the roof membrane is in need of major repair or reroofing. 2. Settlement cracks occur around the entire exterior of the building. 3. Birds are entering the building through broken windows and openings in the structure, dropping feces and building nests within the structure. 4. First floor door on northwest comer of building has deteriorated from water and termite damage. 5. Trees are growing out offagade of building. 6. - The door sill on the door facing north into first floor corridor has deteriorated and is allowing insects and rodents to enter the building. 7. Door sill and door frame on southwest door of building have deteriorated due to water and termite damage. 8. Handrail missing from steps at southwest comer of building. 9. Facade over both doors facing south has water intrusion into the building through cracks in the faCade and stucco. 10. Door and frame area facing southeast has had termite and water damage, completely destroying the entire door frame. 11. Water is entering the structure at the southeast comer of building where lightning previously struck the parapet wall, knocking out a large area of clay brick. 12. Windows and doors around the entire building need to be caulked and sealed. 13. Pump house wall sheathing has deteriorated and is in need of repair. 14. Frames and door sills at northeast entrance area have deteriorated due to termite and water damage. Building Division Memo 01-060 to Nancy Byrne RE: Old Boynton Beach High School April 4, 2001 Page Two 15. Door at northeast comer to locker room has deteriorated and has 3 to 4 inch gap at the base of the door. 16. Drip edge flashing at northeast comer of building is loose and not secure, allowing rain to enter the building. 17. Can wash area at northeast comer of building is missing a backflow preventer on the hose bib. Interior ofbuildin~ - 1st floor 1. There are numerous holes in walls, ceilings, floors and around windows throughout the entire interior area of the first floor, allowing insects, rodents and rain to enter the building. 2. In the cafeteria area, the 'floor has deflection and openings from deterioration due to water and termite damage. 3. Exit stairway blocked with storage. This is a means of egress from the second floor. 4. Hose bib in kitchen area needs back flow preventer. 5. Interior wall in kitchen and door frame show evidence of termites and wall has deflected. 6. Girls' restroom on east end of first floor has water damage to the ceiling that is caused by either leaky pipes above or roof water damage. A portion of the Stucco ceiling has fallen and the wooden floor joists that are visible show signs of termite damage. Sinks and toilets have had their plumbing traps dry up, allowing sewer gas to enter the building. For this structure - to become operational again, many of the plumbing fixtures would have to be replaced. 7. Southeast classroom of first floor shows sign of water and termite damage on walls, ceilings and floors. 8. Screen walls have been constructed at southeast and southwest entrances without benefit of permits and inspections. 9. Classrooms 102 and 103 show signs of water and termite damage on walls, ceiling and floors. 10. In the office area of the first floor, it was observed that there is an existing ceiling above the newer acoustical lay-in =odd ceiling. This ceiling material appears to contain asbestos. It is also a possibility that the floor tile contains asbestos. This possibility may also exist throughout the entire building. 11. Sinks and toilets in the boys' restroom on the west end of first floor have had their plumbing traps dry up, allowing sewer gas to enter the building. For this structure to become operational again, many of the plumbing fixtures would have to be replaced. 12. Ceiling and wails ora book room on the first floor show signs of water damage. 13. Wire-glass skylights above east and west stairways are broken, allowing rain to enter the building. Building Division Memo 01-060 to Nancy Byrne RE: Old Boynton Beach High School Apr/1 4, 2001 Page Three 14. Male and female locker rooms show signs of water and termite damage. Many fixtures have been removed. Sinks and toilets have had their plumbing traps dry up, allow/rig sewer gas to enter the building. For this structure to become operational again, many of the plumbing fixtures would have to be replaced. Gas hot water heater exhaust flue is deteriorated and would need to be replaced. Inter/or of buildin~ - 2nd floor 1. Water damage to walls and ceiling in boys' restroom. Sinks and toilets in the boys' restroom have had their plumbing traps dry up, allowing sewer gas to..enter the building. For this structure to become operational again, many of the plumbing fixtures would have to be replaced. 2. Room 201 - Water has entered through the roof and walls. Windows are broken, allowing pigeons to enter, nest and breed. Pigeon droppings cover floor and top of closet area. 3. Main corridor of second floor has had major water intrusion as a large portion of the ceiling has fallen in two areas. One area is 5' x 10' and the other is 4' x 6'. 4. Rooms 202 and 204 have large amounts of water damage, causing walls and floors to deteriorate. 5. Room 203 has a large amount of water damage and there is fungus and.mold groWing on the carpet area and in the closet area of this room. This is possibly creating a "sick" building. 6. Girls' bathroom - ceiling has fallen due to water intrusion into building. The north wall of this room has a large vertical crack running up the load bearing wall. This crack is 8 to 10 feet in length and appears to nm up an exterior column. Sinks and toilets have had'their plumbing traps dry up, allowing sewer gas to enter the building. For this structure to become operational again, many of the plumbing fixtures would have to be replaced. 7. Many areas of the roof and ceiling of the gymnasium and stage have water intrusion and show signs'0fdeterior~ition. Pigeons have been entering this area and there are pigeon droppings in numerous areas. Boiler room 1. Boiler is not operational. Before boiler could be utilized, a licensed mechanical contractor would need to evaluate its operation capabilities and certify that it is in proper working order. 2. Termite and water deterioration to the frame and door exiting out of boiler room. Building Division Memo 01-060 to Nancy Byme RE: Old Boynton Beach High School April 4, 2001 Page Four Electric 1. North side - Air conditioning pipe exposed and could be damaged by parked cars. Violation of 1999 National Electrical Code (I',[EC), Article 300-4 & Article 90-1. 2. On west side of the building, Florida Power & Light's service transformer has been undermined and is leaning approximately 15 .to 20 degrees to the south. Possible danger of this, with it not being level, is that it could easily slide off the pad and cause a dead short with unlimited amperage. Violation of NEC, Article 300. 3. Exposed conduits on west side of building are cracked and covers offLB's, exposing wires. 4. South side of building - fire alarm junction box completely rusted out, exposing wires and causing the fire alarm systeTM to be inoperable. Violation of Life Safety Code and NEC, Article 700. 5. Light f~xtures on south ~ide entrances and other areas are missing covers and not rated for the locations. These fixtures at the entrances need to be weatherproof. Fixtures in other locations need to conform to NEC, Article 410-4. 6. Air conditioning sub panels on the south side of the building are no longer conforming to the NEC, Article 384. 7. ]'unction boxes feeding air conditioning units for 1st & 2na floor are missing covers, exposing wires. 8. East side conduits entering cafeteria are rusted, separated and loosing ground, causing a hazardous condition. NEC, Article 250. 9. Cafeteria area - several of the outlets are broken, several cords were fi'ayed, one especially to an exhaust fan had shorted out and caused a bum spot on the wall; NEC, Article 90-1. 10. Room 103 - light switch and receptacle at'entrance have been shorted out, burning the cover. Several outlets broken and light in closet has shorted out causing tar sediment to settle on the lens. This is prevalent throughout the building. 11. Room 102 - outlets broken and need to be repaired. 12. Office area - the main fire alarm panel is no longer conforming to NEC, Article 700. The equipment is outdated and is no longer serviceable. 13. Office area - several conduits and boxes have exposed wiring. 14. Plan room - several broken Outlets. Surface mounted electrical box on east side has broken offwall and needs to be repaired. 15. Globes are missing fi.om fixtures in boys' restroom. Switch broken and needs to be repaired. 16. Room 201 - Exposed wiring on west wall and several broken outlets. 17. Room 202 - Exposed wiring on south wall and several broken outlets. 18. Room 203 - Several broken outlets. Building Division Memo 01-060 to Nancy Byme RE: Old Boynton Beach High School April 4, 2001 Page Five 19. Room 204 - Not accessible, but looking titrough a window, I saw several broken outlets. 20. 1st & 2nd story hallways - the old existing fuse panels have been converted to breaker panels, which are now nonconforming to NEC, Article 384 and UL approvals. 21. Gymnasium and stage area - lighting in stage area has exposed, outdated wiring. NEC, Article 90-1. Open junction boxes and switch boxes; emergency panel missing cover. 22. Room 101 - outlet box on north wall separated fi.om wall, exposing wiring in back. Needs to be repaired. The building was rewired in 1974 to the National Electrical Code, 1969 Edition. Since this time, numerous changes have been made to the National Electrical Code. This building does not conform to the 1999 National Electrical Code for places of assembly. Outlets in classrooms need to have GFI outlets. The egress lighting and emergency exit lighting do not conform to the 1997 Standard Building Code, Section 1016. In conclusion, a licensed structural engineer needs to evaluate the structural integrity of this building as it has a major infestation of termites and has received ten-nite and water damage. I would recommend that an asbestos and lead paint Survey be performed prior to allowing occupancy of this building. Licensed contractors would have to file applications, Secure permits and receive applicable inspections for electrical, plumbing, mechanical and building repairs of this structure once the evaluation has been conducted and determined that the structure is worth saving. The roof and many rooms of this building could not be inspected due to lack of accessibility. Currently, this building is in Violation of Section 3401.6 of the 1997 Standard Building Code, which states "All buildings, structures, electrical, gas, mechanical and plumbing systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical and plumbing systems." DJ:bg XC: Larry Buchanan \\CI-hMAIN\SHKDATA\Development\Building-6870\Document~hMemos in Word\Old Boynton High School.doc IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEA( ITEM B. AGENDA ITEM REQUEST FOray, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 Decembe* 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon)C"OO [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ c:~ :~: [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Discussion of additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075. - A copy of the statute and information about the program is attached. EXPLANATION: The Florida statutes allow local communities to authorize up an additional $25,000 property tax assessment exemption (homestead exemption) for income eligible senior citizens. Senior citizens are defmed as permanent residents and property owners, who have attained the age of 65 and have a household income of $20,000 adjusted for inflation. The current adjusted household income is $21,599. The Palm Beach County Budget Office has informed staff the deadline to submit the Resolution to the County is December 1, 2003 for the 2004 tax year. Therefore it appears we will have to wait until the 2005 tax year to offer the exemption. Staff will work on the fmancial impact to the City. Based on the income level of $21,599 we may have more homes qualify than staff originally thought. The income level for the fire assessment exemption is under $10,000. PROGRAM IMPACT: To be determined. The Staff will review the impact of the County's program and will obtain information from them as to the exact number of households within the corporate limits that will qualify. FISCAL IMPACT: To be determined from the above data and based on the level of exemption to be considered by the City Commission. The City Commission may approve up to a $25,000 assessment exemption over and above the base $25,000 regular homestead exemption. ALTERNATIVES: The City Commission is exploring this matter. No final decision will be made until the fiscal impact analysis is completed. Department Head's Signature '~/~s Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Stalute~ & Constitution :View Statutes :->2003->Ch0196->Section 075 · flsenate.gov Page 1 of 2 Select Year: I ............ 2003i,~ / The 2003 Florida Statutes TAXATION AND FINANCE EXEMPTION 196.075 Additional homestead exemption for persons 65 and older.-- (1) As used in this section, the term: (a) "Household" means a person or group of persons living together in a room or group of rooms as a housing unit, but the term does not include persons boarding in or renting a portion of the dwelling. (b) "Household income" means the adjusted gross income, as defined in s. 62 of the United States Internal Revenue Code, of all members of a household. (2) In accordance with s. 6(f), Art. VII of the State Constitution, the board of county commissioners of any county or the governing authority of any municipality may adopt an ordinance to allow an additional homestead exemption of up to $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose household income does not exceed $20,000. (3) Beginning January 1, 1001, the $20,000 income limitation shall be adjusted annually, on January 1, by the percentage change in the average cost-of-living index in the period January 1 through December 31 of the immediate prior year compared with the same period for the year prior to that. The index is the average of the monthly consumer-price-index figures for the stated 12-month period, relative to the United States as a whole, issued by the United States Department of Labor. (4) An ordinance granting additional homestead exemption as authorized by this section must meet the following requirements: (a) It must be adopted under the procedures for adoption of a nonemergency ordinance specified in chapter 125 by a board of county commissioners, or chapter 166 by a municipal governing authority. (b) It must specify that the exemption applies only to taxes levied by the unit of government granting the exemption. Unless otherwise specified by the county or municipality, this exemption will apply to all tax levies of the county or municipality granting the exemption, including dependent special districts and municipal service taxing units. (c) It must specify the amount of the exemption, which may not exceed $25,000. If the county or municipality specifies a different exemption amount for dependent special districts or municipal service taxing units, the exemption amount must be uniform in all dependent special districts or municipal service taxing units within the county or municipality. (d) It must require that a taxpayer claiming the exemption annually submit to the property appraiser, not later than/~arch 1, a sworn statement of household income on a form prescribed by the Department of Revenue. (5) The department must require by rule that the filing of the statement be supported by copies of any federal income tax returns for the prior year, any wage and earnings statements (W-2 forms), any request for an extension of time to file returns, and any other documents it finds necessary, },or,.// ..... :, fleonnto c~nw/etnt,,t~q/incl~'~ nfrngn=?,e~Ann mocle=[)i.qnlav Statute&Search Stfin~=&URL=... 11/21/2003 Sta¢.~tes & Constitution :View Statutes :->2003->Ch0196->Section 075 · flsenate.gov Page 2 of 2 for each member of the household, to be submitted for inspection by the property appraiser. The taxpayer's sworn statement shall attest to the accuracy of the documents and grant permission to allow review of the documents if requested by the property appraiser. Submission of supporting documentation is not required for the renewal of an exemption under this section unless the property appraiser requests such documentation. Once the documents have been inspected by the property appraiser, they shall be returned to the taxpayer or otherwise destroyed. The property appraiser is authorized to generate random audits of the taxpayers' sworn statements to ensure the accuracy of the household income reported. If so selected for audit, a taxpayer shall execute Internal Revenue Service Form 8821 or 4506, which authorizes the Internal Revenue Service to release tax information to the property appraiser's office. All reviews conducted in accordance with this section shall be completed on or before June 1. The property appraiser may not grant or renew the exemption if the required documentation requested is not provided. (6) The board of county commissioners or municipal governing authority must deliver a copy of any ordinance adopted under this section to the property appraiser no later than December 1 of the year prior to the year the exemption will take effect. If the ordinance is repealed, the board of county commissioners or municipal governing authority shall notify the property appraiser no later than December 1 of the year prior to the year the exemption expires. (7) Those persons entitled to the homestead exemption in s. 196.0_3~1 may apply for and receive an additional homestead exemption as provided in this section. Receipt of the additional homestead exemption provided for in this section shall be subject to the provisions of ss. 196.131 and 19_6._161_, if applicable. (8) If title is held jointly with right of survivorship, the person residing on the property and otherwise qualifying may receive the entire amount of the additional homestead exemption. (9) If the property appraiser determines that for any year within the immediately previous 10 years a person who was not entitled to the additional homestead exemption under this section was granted such an exemption, the property appraiser shall serve upon the owner a notice of intent to record in the public records of the county a notice of tax lien against any property owned by that person in the county, and that property must be identified in the notice of tax lien. Any property that is owned by the taxpayer and is situated in this state is subject to the taxes exempted by the improper homestead exemption, plus a penalty of 50 percent of the unpaid taxes for each year and interest at a rate of 15 percent per annum. However, if such an exemption is improperly granted as a result of a clerical mistake or omission by the property appraiser, the person who improperly received the exemption may not be assessed a penalty and interest. Before any such lien may be filed, the owner must be given 30 days within which to pay the taxes, penalties, and interest. Such a lien is subject to the procedures and provisions set forth in s. 1~t~.161 (3). History.--s. 1, ch. 99-341; s. 1, ch. 2002-52. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. P~vacy Sl~ernent. httn://w~w_f[qenate_~ov/.qtah~te,.q/inde.~c ~fi'ngn=9,~rAnn mnrl~=F)i~nlnv .~tah~t~,~r.~arr, h ~lt'rino-~--,~Tll~T = 11/')1 Florida Property Tax Exemptions Page 1 of 3 State of Florida Department of Revenue - - -~ k )['HOme[~Businesses¥child SupportyForms~'Government'['Law'[Property~'Taxes) --~ Property> Florida Property Tax Exemptions The following is a When to File Generally, initial application for property tax exemption must be general list of made between ]anuary I and March I of the year for which the exemptions exemption is sought. ~nitial application should be made in available in person at the property appraiser's office. Florida. Each $25~O00 Homestead Every person who has legal or equitable title to real property in taxpayer wishing Exemption the State of Florida and who resides on the property on January to apply for an I and in good faith makes it his or her permanent home is exemption should eligible for a homestead exemption. If title is held by the contact the husband alone, a wife may file for him, with his consent, and county property vice-versa. If property is held by the entireties, one spouse appraisers office, may file as agent for the other. The property ~f filing for the first time, be prepared to answer these appraiser's questions: offices have detailed information 1. ~n whose name or names was the title to the dwelling concerning recorded as of January 17 eligibility and the 2. What is the street address of the property? necessary 3. How long have you been a legal resident of the State of documents and Florida? (A Declaration of Domicile or Voter's forms required to Registration will be proof of date before January 1.) apply for each 4. Do you have a Florida license plate on your car and a Florida driver's license? exemption. 5. Were you living in the dwelling on January 17 $500 Widow's and Any widow or widower who is a bona fide Florida resident may View the Widower's claim this exemption. On remarriage, the widow or widower is Property Tax Exemption ineligible for the exemption. A person who is divorced before Valuation and the spouse's death is not considered a widow or widower. Income Limitation Rates $500 Disability A Florida resident who is totally and permanently disabled may applicable to Exemption qualify for this exemption. these exemptions for previous $5~000 Disability An ex-service member disabled at least 10% in war or by years. Exemption for Ex- service-connected misfortune may be entitled to a $5000 service member exemption on any property owned by the ex-service member. $500 Exemption for A Florida resident who is blind may qualify for this exemption. ]f Blind Persons claiming exemption based on blindness, the applicant must have a certificate of blindness issued by the Division of Blind Services of the Department of Education, the Federal Social Security Administration, or the Veteran's Administration. Service Connected An honorably discharged veteran with service-connected total Total and Permanent and permanent disability may qualify for total exemption of Disability Exemption homesteaded real estate used and owned as a homestead, less any portion used for commercial purposes. An existing exemption can be transferred to a new qualifying residence.Application must be made on the new residence and all other criteria met for the continued homestead exemption. Under certain circumstances the benefit of this exemption can carry over to the surviving spouse. If filing for the first time, bring proof of your service connected disability: such as, a letter from the United States Veterans' Administration. Exemption for 1.Real estate used and owned as a homestead by a Totally and quadriplegic, less any portion used for commercial purposes, is Permanently exempt from taxation. Disabled Persons 2.Real estate used and owned as a homestead, less any portion used for commercial purposes, by a paraplegic, hemiplegic, or other totally and permanently disabled person, who must use a wheelchair for mobility or who is legally blind, is exempt from ltllg:/Jwxvw, mvfloricla.com/clor/nronertv/exemntion~q_html 1 1 191 19ftO'l Florida Property Tax Exemptions Page 2 of 3 taxation. A person seeking exemption under number 2 above must meet gross income limitations. Gross income includes veterans' and social security benefits. The gross income of all persons residing in the homestead for the prior year cannot exceed $14,500. However, beginning January 1, 1991, the $14,500 limitation will be adjusted annually. The adjustment will be based on the percentage change in the average cost-of-living index of the immediate year compared with the prior year. If filing for the first time, a certificate of total and permanent disability from two licensed doctors of this state or from the Veterans' Administration is required. In accordance with s. 6(f), Art. VII of the State Constitution, the board of county commissioners of any county or the Ioverning authority of any municipality may adopt an ordinance an additional homestead exemption of up to $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose household income does not exceed $20,000. Beginning January 1, 2001, the $20,000 income limitation shall be adjusted annually, on January 1, by the percentage change in the average cost-of-living index in the period January 1 through December 31 of the immediate prior year compared with the same period for the year prior to that. The index is the average of the monthly consumer-price-index figures for the stated 12-month period, relative to the United States as a whole, issued by the United States Department of Labor. flomestead Tax A person who is entitled to claim homestead tax exemption IDeferral may elect to defer payment of part of the combined total taxes. The combined total includes ad valorem taxes and any non- ad valorem assessments that would be covered by a tax certificate sold by the tax collector. An annual application for tax deferral should be filed with the county tax collector on or before January 31, following the year in which the taxes and non-ad valorem assessments are assessed. Approval of an application for tax deferral will defer the portion of property tax that exceeds 5 percent of the applicant's household income for the prior year. If household income for the prior year is less than $10,000, all ad valorem taxes plus non-ad valorem assessments will be deferred. A permanent resident of Florida 65 years old or older may defer that portion of the tax that exceeds 3 percent of the applicant's household income for the previous year. The property taxes may also be deferred entirely for persons between 65 and 69 years of age, whose household income for the previous year was less than $10,000. Or, the taxes may be deferred for persons 70 years old or older whose household income was less than $12,000 for the previous year. For additional information as to the number of years, total amounts that may be deferred, and interest on deferred taxes, contact the local tax collector. Installment Payment Taxpayers who want to prepay property taxes on the of PrOl)erty Taxes installment plan should file an application with the tax collector by May I of the year in which the taxes are assessed. After submission of an initial application, a taxpayer is not required to submit annual applications as long as he continues to elect to prepay taxes by Installments. For additional information as to discounts and payment dates, contact the local county tax collector. Effective ]anuary 1, 1993, county tax collectors may accept an installment payment of property tax on the next business day following the due date, if the last day for payment falls on a Saturday, Sunday, or holiday. Personal Property For purposes of property taxation, personal property is divided into these categories; Florida~P~operty Tax Exemptions Page 3 Of 3 1. Tangible Personal Property - All goods, chattels, and other articles of value capable of manual possession whose chief value is intrinsic to the article itself. "Inventory" and "Household Goods" are expressly excluded from this definition. 2. Household Goods - Apparel, furniture, appliances, and other items usually found in the home and used for the comfort of the owner and family. Household goods are exempt from property taxation. 3. [nventory- Items of inventory are exempt from property taxation. Znventory generally means goods, wares, and merchandise held by a business for sale. Some items of personal property are not taxable, for example, licensed motor vehicles, boats, airplanes, trailers, trailer coaches, and certain mobile homes as defined by law. Taxable items are assessed at just value based on an annual return that must be filed by April I with the county property appraiser. The year of purchase, original cost, and the taxpayer's estimate of just value is required on the return. The property appraiser has the duty to discover omissions and to place value upon personal property. The amount of tax due is calculated by multiplying the value of the property by the tax rate set by the taxing authorities. The tax bill is mailed to the taxpayer, usually by November 1. The payment must be made to the tax collector by April I of the following year. There are specific discounts allowed for early payment and penalties for delinquency, failure to file, and for unlisted property. For more information about property taxes, contact your county property appraiser or tax collector. FAQs I Comments/Suggestions? I Technical Problems? I Contact Us Maintained by Florida Department of Revenue Disclaimer, Security Statement, Privacy Statement and Conditions of Use ~ttt~://www. mvf'loHd~.ct~rn/dt~r/nrt~nP, rtv/~Y~.mnHnn~ btm! 1 1/'~ 1/ot~t~ Ne~ HOmestead Exemption for Low-Income Seniors Page 1 of 2 Home Search Jobs Links FAQ Contact Us News Story Site Index BCC Agenda New Homestead Exemption for Low-Income Seniors BCC Zoning by Commissioner Jeff Koons Breaking News Business It can be tough for senior citizens on fixed incomes making ends meet, Convention Ctr. what with the rising costs of prescription drugs, health care coverage, food, gas, insurance and just about everything else we need in our day- County Services to-day lives. One way the Board of County Commissioners is trying to County Surplus help is by offering a new tax break on your home. Cultural Events Ch. 20 Webcast Beginning next year, an additional $25,000 homestead exemption for Dept & Divisions Iow-income seniors takes effect. Currently, all homeowners in Palm Beach County can deduct $25,000 from their taxable property value, if Elected Officials the home is their primary residence. Homeowners who are 65 and older, Emergency Info with an annual income of $21,599 or less, will be able to claim an Event Calendar additional $25,000 reduction. Those who think they are eligible must file Legislative Linksa separate form with the Property Appraiser and be able to document Live Traffic Infotheir income. The applications will be available in January 2004 through the Property Appraiser's Exemption Services Department. The phone Lobbyist Reg. number is 355-2866. Visited Link~; Online Services The new tax break could apply to as many as 18,700 households in Palm PBC Meetings Beach County and result in an annual savings of $120 to $211 per Telephone Guide homeowner. For some seniors, it could mean having to pay no county Tourism/Culture property taxes at all. However, it would not affect other taxes charged by municipalities, schools and special taxing districts. They would still have Zoning Meeting to be paid. Zoning Minutes The senior homestead exemption has been an option for local governments since 1998 when Florida voters approved it. Palm Beach County now joins 41 other counties, including St. Lucie, Broward and Miami-Dade, in offering it. Currently, two local municipalities, Royal Palm Beach and Wellington, also offer homestead exemptions to Iow-income seniors in their villages. In Royal Palm Beach it's $5,000, and Wellington just increased their exemption to $25,000. If you think you may be eligible, I urge you to take advantage of this tax- savings opportunity. httn://ww.co_nalm-heaeh.fl.]m/lh]hlnf/hlew.q Rnnm/1 (I-Ci"i/! O-gR-Oq eYemntinn htm 1 1/?1 XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOmvl Requested City Commission Date Final Form Must be Turned Requested City Comm/ssion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal ~_eraS'tn NATURE OF [] Announcement [] New Business ~:~ AGENDA ITEM [] City Manager's Report [] Presentation ~ ¢~---~ [] Consent Agenda [] Public Hearing e'.~ [] Code compliance/Legal Settlements [] Unfinished Business ~ RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under both Public Hearing and First Reading on August 19, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-189 and Florida Department of Community Affairs letter dated October 31, 2003. EXPLANATION: PROJECT: Comprehensive Plan Text Amendment (CPTA 02-002) Remedial Amendments AGENT: City Initiated DESCRIPTION: Request to amend Future Land Use Element Policy 1.16.1 by adding ranges of allowable percentages of land uses within the Mixed Use (MX) and Mixed Use- Core (MX-C) land use categories. The action is required by the Florida Department of Community Affairs in order to fred the cycle 03-01 plan amendments "in compliance". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES/:;,~~~ ~ Develop~t I~epa/hn-ent Director ~rity Manager's Signature Planning and Z/sf~g Director City Attorney / Finance / Human Resources S:XPIanningXSHARED\WPXSPECPROJ~CPTA\02_002XAgenda Item Request Amend CPTA 02-002 Remedial 12-2-03.dot ORDINANCE NO. 03 - 039 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING POLICY 1.16.1 OF THE COMPREHENSIVE PLAN TO CLARIFY TYPES OF USES PERMITTED WITHIN THE MIXED USE (MX) AND THE MIXED USE CORE (MX-C) LAND USE CLASSIFICATIONS AND TO PROVIDE RANGES OF ALLOWABLE PRECENTAGES OF LAND USES WITHIN EACH CLASSIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City") has adopted a Comprehensive Plan, and as part of said plan, adopted Objective 1.16, )ursuant to Ordinance 89-38 in accordance with the Local Government Comprehensive ~lanning Act; and WHEREAS, on June 17, 2003, the City Commission adopted Ordinance No. 03- 033 which provide for amendments to Objective 1.16 of the City's Comprehensive Plan; md WHEREAS, the State of Florida Department of Community Affairs reviewed the maendments approved in Ordinance 03-033, and advised City staff that the Amendments contained in Ordinance 03-033 were satisfactory subject to the adoption of additional amendments to Objective 1.16 relating to the allowable percentages of land uses within the Mix Use (MX) and Mixed Use Core (MX-C) land use categories; and WHEREAS, after public hearing and study, the City Commission deems it to be in the best interest of the inhabitants of the City to amend the text of the City's Comprehensive Plan by amending Objective 1.16 as provided herein; and Ca/ordinances/comp plan text (DCA requirements) Section 1.16.1 1 WItEREAS, it is the recommendation of City staff that a text amendment to 1.16.1 be made to provide for clarification regarding the percentages of land use within the Mixed Use (MX) and Mixed Use Core (MX-C) land use categories; WItEREAS, the City Commission finds that the adoptions of these are in the best interest of the health, safety and welfare the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tree and correct and are now and confirmed by the City Commission. Section 2. That the Comprehensive Plan, Objective 1.16.1, is hereby amended adding the words and figures in underlined type and by deleting the words and figures type, as follows: *** Mixed Use: This land use category shall consist of all Mixed Use-Low Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above- mentioned zoning districts are shown on the Future Land Use Map.within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shall nOt necessarily include the following: Business~ professional~ and administrative o[[Zces; retail ',DCA requiromonts) Section 1.16.1 2 uses~ personal services~ business services which are compatible with retail uses; entertainment~ recreation [acilities~ amusements~ attractions~ and exposition halls; hotels and residential uses with a gross density up to 40 dwelling units per acre; places or' worship~ elementary and high schools~ and daF-care services; governmental uses and activities; civic organizations and community centers; home occupations. Land use types shall be permitted according to the £ollowinll ranlles, ext~ressed as a percentage or' the total area in this plan category. The percentages shall be applied on an areawide basis but shall not be interpreted to require development with a mixture o[such uses. Ranges o[,411owable Percentages o[ Land Use tFithin the ,4rea: Residential: 70%-90% Commercial (including o[t~ce development): 10%-$0% The cumulative development in these areas shall be monitored annually to ensure that the proportion o[ mixed uses is maintained. A Floor Area Ratio (FAR) up to 1.5 may be considered for All uses, exclusive of parking structures, throughout the Mixed Use category; however, a FAR of up to 2.0 may be considered for the developments immediately abutting the Mixed Use Core land use category or meeting other locational criteria. All land development located in the Mixed Use Low Intensity category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan (s) for the area covered by the category. Mixed Use-Core: This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above- mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Core land use category. iDCA requirements) Section 1.16.1 3 The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: ~ Business, professional, and administrative offices; retail uses. t~ersonal services, daF-care services, business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and res!dentiat uses with a gross density up to 80 dwelling units per acre; places o£worshil~; Ieovernmental uses; home occupations. Land use types shah be permitted according to the followin~ ranges, expressed as a percentage of the total_ area in this plan categorF. The percentages shall be applied on an areawide basis but shah not be interpreted to require development with a mixture of such uses. Ranges of ~411owable Percentages of Land Use }~ithin the ~4rea: Residential: 30%-70% Commercial (including office development): 30%- 70% The cumulative development in these areas shah be monitored annuallF to ensure that the proportion of mixed uses is maintained. A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core land use category. For the Mixed Use- Core area east of Federal Highway within the Hurricane Evacuation Zone, while the residential density within a development may be up to 80 dwelling units per acre, the overall density for the Mixed Use-Core area east of Federal Highway shall not exceed 40 dwelling units per acre. All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a plan text (DCA requirements) Section 1.16.1 4 single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. Section 3. All laws and ordinances applying to the City of Boynton Beach in with any provisions of this Ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall the remainder of this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this / t~ day of August, 2003. SECOND, FINAL READING AND PASSAGE this __ day of 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk Section 1.16.1 5 DEVELOPMENT DEPARTMENT PLANNI'NG & ZONI'NG DZVI'STON MEMORANDUM NO. PZ 03-189 TO: Chairman and Members Community Redevelopment Agency Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 5, 2003 SUBJECT: Comprehensive Plan Text Amendment (CPTA 02-002) Remedial Amendments ZNTRODUC'~ON The Florida Department of Community Affairs (DCA) has reviewed the Comprehensive Plan text and future land use map amendments, adopted by the City on June 17, 2003, and has agreed to find them "in compliance'; if the City will adopt remedial amendments to add ranges of allowable percentages of land uses within the Mixed Use (MX) and Mixed Use-Core (MX-C) land use categories as defined in Future Land Use Element Policy 1.16.1. DCA has cited the requirements of Rule 9.1-5.006, FAC, which reads: "(c) Mixed use categories of land use are encouraged. If used, policies for the implementation of such mixed uses shall be included in the comprehensive plan, including the types of land uses allowed, the percentage distribution among the mix of uses, or other objective measurement, and the density or intensity of each use." (underline added) PROCEDURE Upon review and approval by the CRA Board and the City Commission and First Reading of the adopting ordinance, the proposed amendments will be transmitted to DCA for their review. Since the amendments are "remedial," they will be counted as part of the current large-scale amendment cycle. Staff expects an expedited review process by DCA. PROPOSED COMPREHENSZVE PLAN TEXT AMENDMENT (proposed changes shown in underlined and bolditalic tex~ I~/xed Use: This land use category shall consist of all Mixed Use-Low l!ntensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. Page 2 File Number: CPTA 02-002-Remedial The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: · ":~ ............... ;'+~'~ profe~ional, ..... ~ ......... p, ........... Business, and administrative otfices: retail uses, personal services, business services which are compatib/e with retail u~es: entertainment recreation facilities, amusement~, attractions, and exposition halls; hotels and res/dent/a/uses with a qro~ density up to 40 dwellinq unita per acre: places of worship, elementary and hJqh ~Choo/s. and day-care services: qovernmental uses and activities; c/vic orc~anizations and cemmunJtv centers: home occupations. Land use types sha/I ~ permitted accordinq to the fo//owino ranoes, exure~ed as a percentaqe of the t~tal area in this p/an cateoorv. The ~ercentaqes sha/I be auu/ied on an ar~awide basis but shal/ not 17e interpreted to require develoument with a mixture of such uses. Ranqes of A//owab/e Percentages of Land ~lse within the Area; Residenb'a/: 70%-90% ¢ommercia/ (indudin~ ofl~ce deve/oument): 10%-30% The cumu/ab've deve/opment in these areas shall I~e monitored annua//¥ to ensure that the pr~porlion of mixed uses is maintained. A Floor Area Ratio (FAR) up to 1.5 may be considered for ail uses, exclusive of parking s~ructures, throughout the Nixed Use category; however, a FAR of up to 2.0 may be considered for developments immediately abutting the Mixed Use-Core lend use category or meeting other Iocational criteria. Ail land development located in the Nixed Use-Low Zntensib/ category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by ~e category. M/xed Use-Core: This land use category shall consist of all Nixed Use High Zntensib/ zoning districts end/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Nap within the Mixed Use-Core lend use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: d .... "; ..... "' ............... ;"'^'~ Busine~, prefe~iona/~ andadmini~trative ot~ces~ p/aoa~$ of worship/ qovernmenta/ uses/ home occupaUons retai/ UseS. ~ersona/ servic~_¢~ day-care servi~ busine~ services which are compatib/e with retail uses~ Page 3 File Number: CPTA 02-002-Remedial entertaJnmen~ recreation facilities, amusements, attractions, and exposition halls; hotels and residential u~es wig a qros~ density up to 80 dwellinq units per acre Land use types shall be permitted accordinq to the followinq ran~Qe$~ expre~._~__~ff aS ,~ ~ercentaqe of the total area in this plan cateqory. The #ercenta~e~ shall be aoplie~ on an areawide basis but shall not be interpreted to require development with ~ mixture of sUCh UseS. Ranqes Of AIlowable Percentaqes of Land Use Within the Area: Residential: 30%-70o/~ Commercial ~in¢ludinq office development): 30%- 70°/o The cumulative development in these areas shall be monitored annually to ensure.. that the proportion of mixed uses is maintained. A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core land use category. For the Mixed Use-Core area east of Federal Highway within the Hurricane Evacuation Zone, while the residential density within a development may be up to 80 dwelling units per acre, the overall density for the Mixed Use-Core area east of Federal Highway shall not exceed 40 dwelling units per acre. All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. RECOMMENDA'I'~ON Staff considers the proposed amendments to be the minimum necessary to satis~/the requirements of the statutes as well as the Florida Department of Community Affairs, and therefore recommends their adoption. S:\Planning\SHARED\WPLSPECPRO.I\CPTA\02-002\STAFF REPORT CPTA02-002 Remedial.doc -0~-~ ~1t~ ~ 'Oeaica~ea to ma~in~ ~toriaa a beUer ~lace ~o. catt ~ome' ' NOV 5 00a ~ Hono~ ~,~ ~r~ ~r~g . ~. ~ ~ _ ~ ' · ' ~y~, Ci~ ofBo~Wn B~h ~_ ~ ~' '1~ ~ Bo~Wn B~ch Bo~ev~d ' ~)/~ ....... -Po~Boxal0 II'~ ~ CITY b'.~A~LR ~ 0F. FICE ' Bo~n B~ Flo~& 33425-0310 ~ ~yor B~ing: ~e ~~ent h~ ~mple~ i~ review of ~e pm~ ~h~ive PI~ ~en~ent for · ~e Ci~ ofBo~n B~h ~A No. 03-2), ~ch ~-~iv~ on A~ 2~, 2~3. Copies of -. pm~ ~e~t ~ve ~n ~b~ to ~pmp~ ~, ~o~ ~d 1~ ~enci~ for ~Mew ~d ~e~ commen~ ~ enclos~ ' ~e De~ent ~ mview~ ~e pr~ ~en~ent for ~ncy ~ ~e 9~-5, -- ~od& A~~e ~ '¢~.C.), ~ !Sa, P~ ~ ~od~ ~-¢.S,), ~d - - -~op~ Ci~ efBo~n B~h ~mprehe~ive PI~. ~e ~~t ~ no obj~0~ ~ ~e pro~ ~dmen~ ~d ~is le~er se~ ~ ~e ~p~en¢s Obj~ons, R~end*~o~ ~d Commen~ p~t ~ R~e 9J--11.011(5), F~C., pl~e provide a ~y of~e ~ ~en~ent ~fly to ~e ~x~w Dimt~r of~e Tr~e ~ [e~0~ p~g ~ ' ~you ~ve ~y q~o~ or ~n~ Cg ~ m~ pl~ ~n~ ~ .~CP, [e~o~ P~ning A~i,i~or, or ~lbe B¢~ PI~, ~ (~0) S~ly yo~, -- ~les ~or, ~CP C~ef of ~mp~he~ive Pl~g CG/c~ ~clos~s: Review Ag~cy Comm~ ~. ~c~el B~h~ ~ufive D~tor, T~ C~ Re~o~ Pl~g Co.cfi 2SS$ SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 3.2399-2100 Phone: 850.488:8466/Suncom 278.8466 -FAX: 850:.921.0781/Sunco. m 291.078'1 Internet address: htto:l/www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFHC~ COAt'tUNlTV PLANNING F. MI~GENCY MANAGEMENT HOUSING & COMMuNIIY DEVELOPM£NT 2796 ~:)verseas Highway, Suite 212 25555humaed Oak Boulevard 2S55 Shumaed O~ Boulevard ' 2,555 Shuma~. Oak Boeleva~ Marathon. FL 33050-2227 Talbhasse~, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee. FL 3239~-2100 TRANSMITTAL PRecEDe. This l~tter and the enclgsed external agency c.~mmontS aro.boing i'~tiod pllrStlallt to Rule 9I- ' 11.010, F.A.C. Upon receipt of/his letter, the City of Boynton Beach has 60 days in which to adopt, .. .. ado.pt with changes, or determine that the City will not adopt the'proposed amendment. The process for · adoption of local comprehensive plan amendment~ is outlined in s. 163 ~3184, F.S.; and Rule 95-I 1.01 l, Within ten working-days of the date of adop~on, the City must submit the following to the .I)epartme~ Three copies of the adopted comprehensive plan amendments; · A listing of additional changes not previously-reviewed; A listing of.findings by the local gov.e~.' g body, if any, which Were not.included in. the ordinance; and A statement indicating the relationship of .the additional changes to tho Departmenfs Objections, P(ecommendatiOus and .Comments ReporL · The 'above amendment and documentation are required for the Department to-conduct a -compliance review, make a compliance-determination'~nd issue' the al~propriate notice of intent.- Please'be advised that the Florida Legislature amended Section 163~ 184(8Xc), Florida S~atutes, requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their 'names and addresses at the local government's plan amendment . transmittal (proposed) or adoption hearings. In order to provide this couflesy information Statement, local .governments are r_~uired by the law to furnish to the Department the names and addresses of the Citizens requesting this information_ Please' provide/hese required names and addresses lo/he Deparlmen/ when you transmit your adopted amendment package, for complianee review. In/he even/no names or addresses are submitted, Please provide.this information ~s welL. For efficiency, we encourage the submittal information sheet in an elechxmic formal XII. - LEGAL CITY OF BOYNTON BEA, ITEM A.2 AGENDA ITEM REQUEST la.. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci_ty Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] Mamh 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] Mamh 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this item on the December 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. EXPLANATION: The purpose of this ordinance is to establish the historic downtown core area of the City of Boynton Beach as an urban Central Business District pursuant to the provisions of Chapter 28-24 of the Florida · Administrative Code. The ordinance has been modified to reflect the requirements for approval by the Florida Department of Community Affairs (DCA) in its letter of determination of consistency with this Chapter. PROGRAM IMPACT: The effect of establishing the downtown core area as an Urban Central Business District is to raise the threshold required for any one development project in the area to become a Development of Regional Impact (DRD 50 percent, from 300,000 square feet to 450,000 square feet. This would help to balance downtown development by improving the ability of the city to attract major commercial, retail and office employers to compliment the new residentially based mixed-use development in the area. This ordinance will not alter the existing land use or zoning for any downtown property nor will it impact any adjacent residential areas. FISCAL IMPACT: Attracting major commercial, retail and office employers to the downtown area is important to the city's fiscal well being, particularly in light of the departure of Motorola which, until recently, was the city's second largest property tax payer. ALTERNATIVES: Not approving this ordinance will limit the ability of the city's downtown area to attract new non-residential~-use development. ~at~en~ ~I~'ad's Sighature City Manager's Signature Department of Development City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03-OSq AN ORDINANCE OF THE CItY OF BOYNTON BEACH, FLORIDA ESTABLISHING A URBAN CENTRAL BUSINESS DISTRICT PURSUANT TO SECTION 380.062(2)(e), FLORIDA STATUTES; SETTING FORTH THE BOUNDARIES OF THE URBAN CENTRAL BUSINESS DISTRICT; ESTABLISHING GUIDELINES AND STANDARDS WHICH SHALL BE APPLICABLE TO DEVELOPMENTS WITHIN THE URBAN CENTRAL BUSINESS DISTRICT; PROVIDING FOR TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.- WltEREAS, Section 380.06(2)(e), Florida Statutes, provides that certain of-Regional Impact (DRI) guidelines and standards shall be increased in areas by local governments as Urban Central Business Districts within jurisdictions Comprehensive Plans have been found to be in compliance with PART II, Chapter 163, Florida Statues; and WltEREEAS, by Ordinance 89-38, adopted November 7, 1989, the City's Plan pursuant to Part II, Chapter 163, Florida Statutes, was adopted and it found to be in compliance by the State of Florida on February 8, 1991. WItEREAS, the City of Boynton Beach is a municipality with a population :g 25,000 and is located within an urbanized area as defined by the 1990 census; and WHEREAS, the area proposed for the Urban Central Business District is currently , mass transit service, as defined in Chapter 9J-5, Florida Administrative Code; and WHEREAS, the City Cormnission finds it is in the best interest of the City to a single urban core area to attract high intensity, high density, multi-use in the area currently referred to as the central business district; and WHEREAS, the City Commission finds it is necessary to the City's long range growth objectives to create an urban core area to serve as a hub of eastern activity; and WItEREAS, the creation of an urban ~entral business district is necessary to achieve City's goals for redevelopment of its eastern historical downtown district; and WHEREAS, the redesiguation of the central business district to an urban central district will permit additional development density opportunities suitable to attract District- Rev 102403.doc use business; and WHEREAS the area proposed for the urban central business district currently enjoys land use designation and zoning classification compatible with intensification of use in the and WHEREAS, the area hereinafter specified for designation as a Urban Central District meets all qualifying criteria provided in Florida Administrative Code Rule for designation as a urban central business district. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tree and correct and are now confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida designates the current central business area hereinafter described as a Urban Business District as that term is defined by Florida Administrative Code Rule (10)(c)l. The land that shall comprise the Urban Central Business District is bordered on the east by the Intracoastal Waterway, excluding all lands designated a conservation overlay on the City's future land use map, and City lands utilized stormwater retention; on the west by the Florida East Coast Railroad right-of-way, the north by northeast 6th Avenue, and on the south by S.E. 2na Avenue and of approximately eighty-three (83) acres. These boundaries shall be utilized increased development-of-regional-impact guidelines and standards, consistent the criteria of this rule. The area is further delineated in map format on attached Section 3. The Urban Central Business District is consistent with the City of Beach Comprehensive Plan and Future Land Use map intensities, and has a land use of Mixed Use (MX), eligible for Mixed Use Core (MXC) and a zoning district of CBD, which is eligible for Mixed Use High (MUH). Section 4. The Urban Central Business District is wholly within the jurisdictional of the City of Boynton Beach. Section 5. The future land use and zoning designation allow for high intensity development within the proposed District. Section 6. Within the Urban Central Business District, the DR/guidelines and S:\CA\Ordinances\Planning\Urban Central Business District- Rev 102403.doc set forth in Rule 28-24.014(10), F.A.C., as they may be amended fi.om time to time, apply to the development approved by the City after the effective date of this Ordinance. Section 7. All laws and ordinances applying to the City of Boynton Beach in with any provisions of this ordinance are hereby repealed. Section 8. Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. Section 9. This Ordinance shall become effective immediately upon passage. FIRST READING this '1 (o day of 5~/yi-~ ~ la ~( ,2003. SECOND, FINAL READING AND PASSAGE this __ day of , CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk Central Business District - Rev 102403.doc EXHIBIT "A" CITY OF BOYNTON BEACH URBAN CENTRAL BUSINESS DISTRICT 4TH AVE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH COLLEEN CASTILLE Governor Secretary November 13, 2003 Mr. Dick Hudson, Senior Planner City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Hudson: Thank your for the opportunity to review the proposed Urban Central Business District (UCBD) ordinance transmitted to the Department on September 18, 2003, and received on September 23, 2003. The Depa~nent notes that the large vegetated area adjoining the lntracoastal Waterway containing a stormwater retention area and the mangrove area designated "Conservation Overlay," do not conform to the development requirements of an Urban Central Business District. Therefore, these areas should be excluded from the UCBD designation. The Department recognizes the City's intent in the transfer of density. However, the exclusion of these areas from the UCBD should not affect the City's redevelopment initiatives. With this modification, the Department will consider the proposed ordinance to be consistent with the requirements for Urban Central Business District designation pursuant to Section 380.06(2)(e), Florida Statutes and Rule 28-24.014(10), Florida Administrative Code (F.A.C.). Pursuant to Rule 28-24.014(10), F.A.C., the guidelines and standards for developments within the designated UCBD shall take effect upon the adoption of the ordinance by the City. The City must subsequently adopt the UCBD ordinance by an amendment to the Comprehensive Plan at the next opportunity for amendment. The following guidelines and standards shall apply to developments within the designated UCBD: 1. For residential, hotel, motel, office or retail developments, the applicable guidelines and standards shall increase by 50 percent. 2. The applicable multi-use guidelines and standards shall increase by 100 percent, provided that one land use of the multi-use development is residential, and that residential development amounts to not less than 35 percent of the City's applicable residential threshold. 3. If any portion of a proposed development is located outside the delineated Urban Central Business District, the increased guidelines and standards of Rule 28o24.014(10), F.A.C., shall not apply. If you require further assistance, please call Ken Metcalf, Regional Planning Administrator, or Caroline Knight, Planner, at (850) 922-1773. Director, ,f Community Planning-,,.. .... · VJH/ck cc: Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council 2555 SHUMARD OAK BOULEVARD - TALLANA$$EE, FLORIDA $2399-2100 Phone: (850) 488.8466/Suncom 278-8466 FAX: (850) 921.0781/Suncom 291-0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY M^NAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32~9-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (3O5) 289-2402 (85O) 488.2356 (850) 413.9969 (85O) 488.7956 XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOray, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January20,2004 JanuaryS, 2004(Noon) [] March l6, 2004 March l, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under First Reading on November 18, 2003. EXPLANATION: PROJECT: PACKAGING CONCEPTS (ABAN 02-001) QUANTUM PARK LOT #47-B OWNER:: City Initiated LOCATION: Lot 47-B Quantum Park DESCRIPTION: Ordinance No. 02-022 was adopted on June 4, 2002 to abandon a 10-foot wide water main easement, to accommodate the major site plan modification of the Packaging Concepts office/warehouse building. Permits for this project were never pulled thereby allowing the approval to expire. As the easement is currently occupied by a utility line on Lot 47-B of Quantum Park, which will no longer have an approval for relocation, the easement should be preserved. Therefore, this ordinance will appropriately rescind and reverse the previous action to abandon the easement leaving it in place to serve the continued public purpose of preserving existing and needed utility lines. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL T E RN~:~7~A~ 0r~t ~q~)~r~ ~ature Planning'and Zo~8~[rDirector ' City Attorney / Finance / Human Resources S:LPlanningXSHARED\WPXPROJECTS\Quantum Park Lot 47 (Packaging Coocepts)\ABAN 02-001LAgenda Item Request Packaging Concepts ABAN 02- 001 2nd reading 12-2-03.dot S:XBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- 06--)' AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE NO. 02-022 THEREBY REVERSING THE ACTION TO ABANDON THE EASEMENT ON LOT 47-B OF QUANTUM PARK; DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AUTHORIZING THE EXECUTION OF ANY OTHER DOCUMENTS NECESSARY TO RESCIND ORDINANCE NO. 02-022, AND AUTHORIZING RECORDATION OF THOSE DOCUMENTS IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, Ordinance No. 02-022 was adopted on June 4, 2002, to abandon a 1 O-foot wide water main easement, to accommodate the major site plan modification of the Packaging Concepts office/warehouse building; and WHEREAS, permits for this project were never pulled thereby allowing the approval to expire; and WHEREAS, as this easement is currently occupied by a utility line on Lot 47-B of Quantum Park, which will no longer have an approval for relocation, the easement should be preserved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are tree and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, does hereby rescind Ordinance No. 02-022, adopted on June 4, 2002, to abandon a 10 foot water main easement being a portion of Lot 47-B, Quantum Park, Boynton Beach, Florida. Section 3. The City Commission does authorize and direct the City Clerk to forward a copy of this Ordinance and cause the same to be recorded in the Public Records of Palm Beach County, Florida. Section 4. The City Manager and City Clerk are hereby authorized and directed to execute and deliver any other documents necessary to rescind Ordinance No. S:\CA\OrdinancesV~bandonments\Rescinding 02-022 - Quantum Abandonment - Lot 47B.doc 02-022, and cause the same to be filed in the Public Records of Palm Beach County, Florida, if deemed necessary. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this /~>/day of November' 2003. SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST; City Clerk S:\CA\Ordinances~,bandonments~Rescinding 02-022 - Quantum Abandonment - Lot 47B.doc ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIT~IG ABANDONMENT OF A TEN FOOT 'WATER MAIN EASEMENT (ORB6689, PAGE 629) BEING A PORTION OF LOT 47-B, QUANTUM PARK, MORE PARTICULARLY.. DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED-IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Andrew B. Blasi of Shapiro, Blasi, Dector & Piazza, P,~., agent for PJM & Associations, L.C., submitted this request to abandon a 10 foot wide water line easement (per the Official Record Book 6689, Page 629, Palm Beach County, Florida; and WHE~AS, comments have been solicited from the appropriate City Departments, and public hearings have been held before' the City's Planning and DevelOpment Board and the City Commission on the proposed abandonment; and NOW, TI~REFORE, 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 by and through its City Commission, does hereby abandon a 10 foot water main easement being a portion of Lot 47-B, Quantum Park, Boynton Beach, Florida .and moro particularly described herein as Exhibit "A", and subject to all staff comments, which includes a c~nditi0n holding final approval .of this aband0nmem~ untila replacement easement for ~ new Water main is recorded in the Public Records of Palm ~Be~c___-h County~ Section 2. The Mayor and City Clerk are 'hereby authorized and directed to execute and deliver the attached Disclaimer and cause tho same to be filed in the Public Records of Palm Beach County, Florida. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ I day of May, 2002, SECOND, FINAL READING AND PASSAGE THIS ~ day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA omm~ssioner ~.TTEsT: Commissioner ,- _ _ch,.,. _~. ~.. ~__.~,:~ That certain ten (10') foot Water Main Easement recorded in Official Record Book 6689, Page 629, Public Records of Palm Beach County, Florida, and lying in a portion of Lot 47B of Quantum Park at BOynton Beach, P.I.D., Plat No. 10, according to the plat thereof as recorded in the Public Records of Palm Beach County, Florida, Plat Book 60, Page 34 containing in all 2,220 square feet and/or 0.05 acres more or less · LOCATION MAP Packaging Concepts EXHIBIT "A" · . ANT' U M p.z~.Rl~) ......... ' R '0 1/8 MILE ' I ~ L.'. '1'~ I i ~ ~.' DISCLAIMER KNOW ALL MEN BY TIIF~SE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of thc State Of Florida, does hereby abandon a 10 foot water main easement in a portion of Lot 47-B, Quantum Park recorded in Plat Book 6689, Page 629, Public Records of Palm Beach County,. Florida, more particularly described herein as Exhibit "A'. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of ,2002. ATTEST: CITY OF BO~ON BEACH,' FLORIDA Janet Prainito ~'~erald Broening, Mayor Interim City Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD Broening and JANET PRAIN1TO, Mayor and City Clerk respectively, of the City of' Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the executiOn thereof to be their free hand and deed as such officers`, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of ,2002. NOTARY PUBLIC, State of Florida My Commissioll Expires: LOCATION MAP Packaging Concepts EXHIBIT "A" . . -: :':.'.. i [ I ',K OF coMME ~UANTUM PARK]. : ...... )LA~ PM R 'o 1/8 MILES DESCRIPTION & SKE, ..H PREPARED FOR: EXHi B IT "B" PJM & ASSOCIATES LC PACKAGING CONCEPTS · sPTE 02-001. ~/ATER MAIN EASEMENT RELEASE EXISTING EASEMENT L DESCRIPTION ; A PORTION OF AN EXISTING 10 FOOT WIDE WATER MAIN EASEMENT RECORDED IN OFFICIAL RD BOOK 6889, PAGE 629, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LYING IN A ION OF LOT 47-B, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10, ACCORDING TO THE PLAT EOF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM BEACH COUNTY, IDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: /IENCiNG AT THE SOUTHEAST CORNER OF PJM AT QUANTUM PARK, ACCORDING TO THE PLAT EOF AS RECORDED IN PLAT BOOK 76, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, IDA; THENCE NORTH 88' 50'54" WEST ALONG THE SOUTHERLY LINE OF SAID PJM AT QUANTUM PARK. TANCE OF t5,1)0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88' 50~54" WEST G SAID Sou'rHERL¥ LINE AND THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE A ,NCE OF 222.130 Fi~ET TO A POINT IN THE EAST LINE OF THE WEST 85.12 FEET OF SAID LOT 47-B, ~FUM PAEK AT BOYNTON BEACH; THENCE SOUTH 01' 09'05" WEST ALONG SAID LINE A DISTANCE OF FEET;THENCE SOUTH 88' 50'54" EAST A'DISTANCE OF 222.00 FEET TO A POINT ON THE WEST LINE OF 15.0 FOOT IJTILITY EASEMENT; THENCE NORTH 01° 09'05" EAST ALONG SAID WEST LINE A DISTANCE .130 FEET TO THE POINT OF BEGINNING. AINING in all 2,220 sq. ft. and/or 13.05 acres, more or less. =-YOR'S NOTES: · . $ DRAWING IS NOT A SURVEY. - SEARCH OF THE PUBUC RECORDS HAS BEEN MADE B~ THIS OFFICE. ' DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE 4PLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VAUD UNLESS 1.1 ACCOMPANY EACH OTHER. :;. ~ LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE $1NAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER EMPLOYED JDBERG LA. SURVEYING, INC. LB = UCENSE BUSINESS __ . LS = UCENSE SURVEYOR ORB = OFFICIAL RECORD BOOK PB = PLAT BOOK __ POB '= POINT OF BEGINNING · POC -- POINT OF ES,SIONAL SURVEYOR AND MAPPER ROW = RIGHT-OF-WAY DA'CERTIFI ./(7'ATENo. 3613 UE = UllLrW EASEMENT f z CAD K.~AUTOCAD20001174543t00-253~A00-253A L. IDBERG LAND ,, l c_ .o-. PG. JOB ' OESCRIPTION & SKE'I ~,H PREPARED FOR: EXHI B IT "B" PJM & ASSOCIATES LC PACKAGING CONCEPTS SPTE 02-001 · WATER MAIN EASEMENT RELEASE EXISTING EASEMENT ' )RTION OF { _OT 47-B ! PLAT BOOK 75, PAGE 50 I PJM AT QUALM PARK I >m o I mm ~ ~ ~ Z ~ o ~ ' ' , 10 WATER LINE ~SEMENT - ~ , - · ~ . . . I O.~B. 6689, PG. 629 ~ o i I ' POINT OF% , I~ I. I BEGINNING ~; I t ~2.00SSS'S0~"E ' I I · · ~ ~ L~ ~ ~ P~T BOOK 60, PAGE ~ - = I~ ~ ~ PJ.D. P~T .O. ~0 I ~m NORmMNE LOT I ,. I / 40 20 0 40 80 GRAPHIC ,SCALE IN FEET SCALE: t" = 40' I K.-~UTOCAD20OQt174543t00-253~A00-253A - LIDBERG LAND _ k. ~IIRVi~YING.INC. I C~ IFa. Po. IlJoB 0.0-.2S3-303A_. DESCRIPTION & SKETCH PREPARED FOR: EXHIBIT "B';. PJM & ASSOC TES LC PACKAGING CONCEPTS SPTE 02-001' WATER MAIN EASEMENT PROPOSED EASEMENT [GAL DESCRIPTION 12 FOOT WIDE AND 10 WIDE STRIP OF LAND BEING A PORTION OF LOTS 47-8 AND 47-C, QUANTUM PARK AT 8OYNTON 8EACH, I.D. PLAT NO. 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM · ;ACH COUNTY, FLORIDA, AND HEREIN DESCRIBED IN TWO PARTS REFERRED TO AS EASEMENT 'A' AND 'B', THE CENTER LINES -' WHICH BEING MORE PARTICULARLY DESCRIBED A~S FOLLOWS: :)MMENCING AT THE SOUTHEA~ST CORNER OF SAID LOT 47-8, QUANTUM PARK AT BOYNTON BEACH; THENCE NORTH 88'50'54" EST, ALONG THE SOUTH UNE OF SAID LOT 47-8, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST LINE OF A 15 UTILITY ~EMENT RUNNING PAR~HFI. AND ADJACENT WITH BETA DRIVE AS SHOWN ON SAID QUANTUM PARK AT BOYNTON BEACH, SAID )INT BEING THE CENTERIJNE OF A 12.0 WIDE STRIP OF LAND AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH · 50'54' WEST A DISTANCE OF 26.31 FEET; THENCE SOUTH 01 °09'05' WEST A DISTANCE OF 33.69 FEET TO A POINT ON SAID 15 1LITY EASEMENT AND THE POINT OF TERMINUS. )MMENCING AT THE AFOREMENTIONED TERMINUS POINT OF EASEMENT 'A'; THENCE SOUTH 01'09'05' WEST RUNNING ACROSS PORTION OF SAID 15 UTILITY EASEMENT A DISTANCE OF 70.09 FEET, TO A POINT ON THE soLrrHWESTERLY LINE OF SAID 15 KTI' UTILITY EASEMENT AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERMNE OF A 12.0 FOOT WIDE ~EMENT; THENCE SOIJTH 01'09~5' WEST ^ DISTANCE OF 53.88 FEET; THENCE NORTH 88°5ff54' WEST A DISTANCE OF 78.18 FEET ) A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE SOl/TH 01'091:)5' WESTA DISTANCE OF 18.00 FEET; THENCE )NTINUING FROM THE AFOREMENTIONED POINT'A' NORTH 88'5(754' WESTA DISTANCE OF 11251 FEET, TO A POINT IN A UNE 10 FEET EAST OF AND PAR~! Im_ TO THE EAST UNE OF THE WEST 85.12 FEET OF SAID LOTS' 47-8 AND 47-C, SAID POINT BEING ON IE CENTERUNE AND THE BEGINNING OFA 10 WIDE STRIP OF LAND; THENCE NORTH 01'09'05' EAb'T, ALONG SAID PARALLEL LINE :)ISTANCE OF 229.19 FEET TO A POINT IN A LINE 7153 FEET NORTH OF AND PARALLEL TO THE SOUTH UNE OF ,SAID LOT 47-8 AND E POINT OF TERMINUS. ~- )NTNNING IN ALL 8,689 SQ. FT. AND/OR 0.15 ACRES, MORE OR LESS. RVEYOR":J NOTES: "HIS DRAWING IS NOT A SURVEY. 40 SEARCH OF THE PUBUC REcoRDs HAS BEEN MADE B.Y THIS OFFICE ~ DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE X3MPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VAUD UNLESS lOTH ACCOMPANY EACH OTHER. HIS LEGAL DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE )RIGINAL RAISED S~F A FLORIDA MCENSED SURVEYOR AND MAPPER ?~MPLOYED BY UDBER~D SURVEYING, INC. LEGEND: - -- UCENSE BUSINESS ~~__~. LS = UCENSESUR*~ )BERG ORB = OFFICIAL RECORD BOOK PB' = PLAT BOOK -- POB = POINT OF BEGINNING ,13~iOfO~URVEYOR AND MAPPER POC = POINT OF COMMENCEMENT DRIDA CERTIFICATE No. 3613 ' CAD iC~AUTOCN:). 2000~174543~3.25314j30.253 . LIDBERO LAND URVEYINGf' NC. m~ . $.F.B. . DESCR~P'nO. & SK~C, PREPARED FOR: EXHIBIT "B;: PJM & ASSOCIATES LC PACI~AGING 'C...O. NCEPTS 'SPTE.02-'O01 .. WATER MAIN EASEMENT PROPOSED EASEMENT POINT OF. J I TEI~ZNUS~ J PLAT BOOK 76, PAGE 50 I PJM AT QUANTUM PARK I -~5~00' - T~24'°1'-~1 10' WATER LINE EASEMENT O.R.B. 6689, PG. 629 - illr-- ......... -- -- -- --I~;-U~LI~ ~EMENT PER .j PLAT BOOK 60, PAGE'34 ~. o "-- - I I I ~ REMAINDER OF . , mm o . j I I ~ LOT 47-B I m~ I~ z '11 PLAT.OOK co, P^GE 3~ YNTON BEACH, .... o ..... ,... I QUANTUM PARK AT BO ' · PID ......... moo ou~ w I ,=jl ... r~/~ au. ~u 26 31'* I - ~ I : , . .... _ ................ . OT 47~ ~ _ - o ! ' = ~ - P~T BOOK 60, PAGE ~ ~ ~ ~us QUalM P~ AT BOY.ON B~CH, P.LD. P~T NO. 10 · ' . . ~ ~oo' ' ~ 5.00 ~' ~mll, ~o ~:11 ' · ' ~ >~ ' ~ . .-~ ....... · ~ 6.00 ' ~ - 40 20 0 ~ 80 Il t ! ! I G~HIC SC~E IN FE~ SC~E: 1" = ~' . -- -- I ~ - ~~~17~~2~ :l Il. LIDBERG LAND m-~-~ ' . XII. - LEGAL WEI~I A.4 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FOray, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Legal, Ordinance - First Readin~.~n November 18, 2003. For further details pertaining to the request, see attached Department of Development Mem~z~ndt~_~ No. PZ 03-213. ~ ..~ EXPLANATION: PROJECT: L.A. Fitness (ABAN 03-010) AGENT: Derek Vander Ploeg, Vander Ploeg & Associates, Inc. OWNER: RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC :~: LOCATION: 2290 and 2298 N. Congress Avenue DESCRIPTION: Request for abandonment of a public utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Pla 'rig and Zonjff'gtDirector City Attorney / Finance / Human Resources S:~IanningXSHARED\WPXPROJECTS~L.A. FitnessXABAN 03.010XAgenda Item Request LA Fitness ABAN 03-010 2nd reading 12-2-03.dot S:\BULLETINAFORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03- ~ ~ ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PUBLIC UTILITY EASEMENT ON THE EAST SIDE OF CONGRESS AVENUE, IN THE SHOPPES OF BOYNTON (NO. 03-0100); AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Derek Vander Ploeg of Vander Ploeg and Associates, Inc., agent for ,.A. Fitness Center, is requesting to abandon a utility easement, located at the Shoppes of subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, public hearings have been held before the City's Planning and Development Board, and City Commission on the proposed abandonment; and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does abandon a utility easement located on the east side of Congress Avenue and bounded Gateway Boulevard to the south and the LWDD L021 Canal to the north, specifically, the iect property is located on the north parcel at the northeast comer (Shoppes of Boynton), ect to staff comments and any easements of record, and more particularly described in the l Exhibit "A". A location map is attached hereto as Exhibit "B". Section 3. The City Manager is hereby authorized and directed to execute and the attached Disclaimer and cause the same to be filed in the Public Records of Palm :ach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this / ~t day of ],~/t~ Oa~rn~, 2003 S:,,,CA\Ordinances~Abandonments~J~ Fitness Center.doc SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:~CA\Ordinances~a, bandonmentsV_A Fitness Ce~te~.doc EXHIBIT "A" TWo parcels of land lying in Sec. 17, Township. 45S,-Range. 43E, described as follows; COMNENCING at the W1/4 comer of said Sec. 17; thenc..e N 89008'39" E., along the east/west Qtr. Une of said Sec. 17 a distance of 60.06 feet: thence S 01°,t335" W along the east right-of-way line . of Congress Avenue a distance of 355.15 feet; thence S4~P33'53'' E a distance of 36.14 feet; thence N 89~.0839" E along the north right-of way line of Quantum Boulevard a distance of 118.71 feet; thence N 00°51'21" W a distance of 123.39 feet; thence N 30007'37" W a disl~nce of 69.43 feet; thence N 00°51'21" W a distance of 89.46 feet: thence N 89008'39" E a distance of 95.00 feet; thence S 00°51'21" E a distance of 48.3~ feet; thence N 89008'39'' E a 'distance of 25.00 feet; thence S 00°51'21'' E a 'distance of 15.00 feet; thence S 89°08~39'' W a'dlstance of 25.00 feet; thence S 00°51'21'' E a distance of 74.16 feet;, thence N 89008'39" E-a distance 'of 2,t5.55 feet to the POINT OF BEGINNING; The last 10 calls being coinddent with the edge of an existing utility easement as recorded In O.R.B. 7149, Page 1153, Palm Beach County Records; thence N 00°51'21" W a distance of 18.30 feet; thence N 89008'39" E a distance of 15.00 feet; thence S 00°51'21'' E distance of 18.30 feet to Reference Point ~A"; thence S 8900839" W a distance of 15,00 feet to said POINT OF BEGINNING; Together with COHHENCING at the aforementioned Reference Point thence N 89008'39'' E a distance of 3.30 feet to a POINT OF BEGINNING; thence N 01043'35'' E a distance of 73.67 feet; thence N 88016'25'' W a distance of 9.00 feet; thence N 01°43'35" E a distance of 9.00 feet; thence N 0:[°43'35" E a distance of 19.00 feet; thence S 88°16'2.5" E a distance of 24.00 feet; thence S 01043'35" W a distance of 91.99 feet; thence S 89008'39" W a distance of 15.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Palm Beach County, Rorida. LocationL.A. Fitness Map L-21 C3 C3' la $ DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a utility easement, located on the east side of Congress Avenue and bounded by Gateway Boulevard to the south and the LWDD L021 Canal to the north, specifically, the subject property is located on the north parcel at the northeast comer (Shoppes of Boynton), and more particularly described in the attached Exhibit "A". IN WITNESS WttEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of November 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk ISTATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and lanet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of October, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:~CA~;)rdinances~,bandonments\LA Fitness Center.doc EXHIBIT "A" TWo parcels of land lying in sec. 17, Township. 45S,-Range. ~,3E, described as follows; COIVlNENC3NG at the Wl/4 comer of said Sec. 17; thence N 89008'39" E,, along the east/west Qtr. Une of said Sec. 17 a distance of 60.06 feet: thence S 01°4335" W along the east right-of-way line ~ of Congress Avenue a distance of 355.15 feet; thence S44033'53" E a distance of 36.14 feet; thence N 89~0839" E along the north right-of way line of Quantum Boulevard a distance of 118.71 feet; thence N 00°51'21" W a distance of 123.39 feet; thence N 30°0737" W a distance of 69,43 feet; thence N 00°51'21~ W a distance of 89.46 feet: thence N 89°08,39'' E a dlstance of 95.00 feet; thence S 00°51'21'' E a distance of `18.3~t feet; thence N 8900839" E a 'distance of 25.00 feet; thence S 00°51~21# E a 'dlstance of 15.00 feet; .thence S 89°08,39" W a'distance of 25.00 feet; thence S 00°51'21'' E a distance of 74.16 feet;, thence N 89°08,39" E-a distance.of 245.55 feet to the POINT OF BEGINNING; The last 10 calls being coinddent with the edge of an existing utility easement as recorded In O.R.B. 71`19, Page 1153, Palm Beach County Records; thence N 00°51'21~ W a distance of 18.30 feet; thence N 89°08,39" E a distance of 15.00 feet; thence S 00°51'21u E a distance of 18.30 feet to Reference Point ~A"; thence S 89°0839~ W a distance of 15,00 feet to said POINT OF BEGINNING; Together with COMMENCING at the aforementioned Reference Point"A"; thence N 89°0839'' E a distance of 3.30.feet to a POINT OF BEGZNNING; thence N 01°4335" E a distance of 73.67 feet; thence N 88°16~5'' W a distance of 9,00 feet; thence N 01°`1335" E a 'distance of 9,00 feet; thence 'N 010`1335" E a distance of 19.00 feet; thence S 88°16'25~ E a distance of 2~[.00 feet; thence S 01°,t3'35" W a distance of 91.99 feet; thence S 89008'39" W a distance of 15.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Palm Beach County, Florida, DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION . MEMORANDUM ,NO. PZ 0-3-213 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf ~.~ Planning and Zoning Director FROM: ~ Maxime Ducoste-Am(~d(~e ~ Planner DATE: September 2. 2003 SUBJECT: L.A. Fitness CENTER (ABAN 03-010). Abandonment of a Utility Easement at the Shoppes of Boynton. NATURE OF REQUEST* The agent for L~ Fitness Center. Derek Vander Ploeg of Vander Ploeg .and Associates. Inc.. is requesting to abandon a Utility easement. This request to abandon the utility easement was submitted on .luly 23, 2003. '[t is described as follows: ' Two parcels of land lying in sec. 17, Township. 45S,-Range. 43E, described as follows; COMMENCING at the W1/4 comer of said Sec. 17; thence N 89008'39'' E., along the east/west Qb-. Une of said Sec. 17 a distance of 60.06 feet: thence S 01043'35'' W along the east right-of-way line . of Congress Avenue a distance of 355.15 feet; thence S44°33'53" E a distance of 36.14 feet; thence N 89008'39'' E along the north right-of way line of Quantum Boulevard a distance of 118.71 feet; thence N 00°51'21'' W a distance of 123.39 feet; thence N 30007'37'' W a clist~nce of 69.43 feet; thence N 00°51'21'' W a distance of 89.46 feet: thence N 89008'39'' E a distance of 95.00 feet; thence S 00°51'21'' E a distance of 48.34 feet; thence N 89008'39'' E a 'distance of 25.00 feet; thence S 00°51'21" E a 'distance of 15.00 feet; thence S 89008'39'' W a'distance of 25.00 feet; thence S 00°51'21" E a distance of 74.16 feet;, thence N 89008'39'' Ea distance of 245.55 feet to the POZNT OF BEGINNING; The last 10 calls being colnddent with the edge of an existing u'dlity easement as recorded in O. ILB. 7149, Page 1153, Palm Beach County Records; thence N 00°51'21" W a distance of 18.30 feet; thence N 89008'39'' E a distance of 15.00 feet; thence S 00°51'21" E a distance of 18.30 feet to Reference Point"A~; thence S 89°08'39"W a distance of 15.00 feet to said POZNT OF BEGZNNZNG; Together with COHHENC2NG at the aforemenUoned Reference Point thence N 89008'39'' E a distance of 3.30 feet to a POZNT OF BEGINNING; thence N 01043'35" E a distance of 73.67 feet; . thence N 88016'25'' W a distance of 9.00 feet; thence N 01043'35'' E a distance of 9.00 feet; thence N 01.°43'35'' E a distance of 19.00 feet; thence S 88016'25'' E a distance of 24.00 feet; thence S 01043'35'' W a dis~nce of 91.99 feet; thence S 89°08'39' W a distance of 15.00 feet to the POINT OF BEGZNNING. Said lands situate, lying and being in Palm Beach County, Rorida. ~he location map attached as Exhibit "A" shOws the general vicinity of the easement to be abandoned.-The ittached Exhibit 'B' shows the location of the proposed abandonment on the subject property and includes a letailed location of the easement to be abandoned and its legal description. Tie folloWing is a description of the zoning districts and land uses of the properties that surround the subject ~uesL Memorandum No. PZ 03-213 ASA~ 0~-0~0 "' North - Right-of-way for Lake Worth Drainage District L-2i Canal, then farther north is develOped residential property (Dos Lagos) with a Low Density Residential (LDR) land Use designation, zoned Planned Unit Development (PUD); South - Right-of-way for Quantum Boulevard, then farther south is the remainder of the developed commercial project (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East - Developed Industrial property (Quantum Park Lot 3) with an Office/Industrial (OI) use option 'within the Quantum Park, Planned Industrial District (PID). West - Developed commercial property (Pollo Tropical) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3), then farther west is right-of-way for Congress Avenue. ' BACKGROUND The Shoppes of BoyntOn is a commercial retail center composed of two parcels (North parcel and South parcel) 'located on the east side of Congress Avenue and boundedby Gateway Boulevard to the south and the LW.D.D. L- 21 Canal to the north. Specifically, the subject property is located on the north parcel at the northeast comer. The parcel was previously developed with a theater (Regal Cinema). However, the applicant is proposing to raze the existing theater t(~ build a 43,000 square foot fitness center on-the 6.27-acre IoL An existing utility easement runs through the north parcel of the Shoppes of Boynton center. There currently exists a citywater main and fire hydrant located within this easement. The applicant has the intention of vacating the easement and relocating the fire hydrant as part of the concurrent site plan (see Exhibit 'C'- LA Fitness Center Site Plan). .ANALYSIS. Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility 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 Engineering - NO objection · Public Work~s/Utilities - Approval with conditions (See Exhibit 'D") Planning and Zoning - Noobjection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A RECOMMENDATION }taft. recommends that this request to abandon the existing utility. (water) easement as described above, be ~r red, subject to the comments included in Exhibit 'D' - Conditions of Approval. Any conditions required by the ~ -b,...,ing and Development Board and the Commission will be placed in Exhibit 'D' - Conditions of Approval. Location Map. ~x,~,~ .^. L.A. Fitness L-21 C3 - C3 rola PARTIAL EASEMENT ABANDONM£NI ~... -. -~..___~. · .NO~ 'A' .SURVEY '-EXHIBIT"B.. P.B~ PG PAG~ P.O.C POINT O~ P.O.B POINT OF' BE'GINMNG P.O.T. POINT OF 2~.oo ~_[__~,~ ~",5. oo I N 1'45'.35"£ 73.67 N 89'08',39"E ,N 8876'25"W 18,30-----7 ' 19.00 15.00 ! ~',~$ 89'08'39'W ~ ~ ~1 ' . $$.14~ N 89'08'$9"E 60.06 (BEARING BASE.) ~ ~,45T R/W CONC, R£SE AVENUE i P.O.C. · BRUCE CARTER & ASSOCIATES. INC. SURVEYORS - M. AtelB~ ~ rr ~ ,,ur DATE 7/16/03 605 S.E. 6TH AVE. ~ ~ m~-~ · EASEM'CN T ABANDONMENT EXHIBIT .Conditions of Approva! prOject name: LA Fitness File numbe~. ABAN 03-010 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Th/s d/v/s/on approves this application, subject to the prov/so that this X act/on be concurrent with the and be d~ the'. relocated 12-foot ufil/ty easement to support PUBLIC WORKS- Traffic Commits: None X UTILITIES comments: None X Comments: None X · POLICE commen~:.None ENGINEERING DMSION Comments: None BUILDING DM$iON ~on'~nents: None X PARI~ AND RECREATION Comments: None X FORES~ER/Em~RONMEr~T,~LiST Conditions of Approval 2 DEPARTMENTS INCLUDE RF. JECT Cora/~ents: None X PRIVA'rr~ U'l'lLrl'lES Comments: 4. Adelphia: None: X 5. Florida Power & Light: None. X 6. Florida Public Utilities C.ompany: None. X 7. Bellsouth: None. X ~DDm0NAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Commen~: 1. None X ADDITIONAL CITY COlVIMI~SION CONDITIONS DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: L.A. Fitness Abandonment APPLICANT'S AGENT:. Derek Vander Ploeg - Vander Ploeg & Associates, Inc. APPLICANT'S ADDRESS: 155 East Boca Raton Rd Boca Raton, FL 33432 DATE OF .HEARING RATIFICATION BEFORE CITY COMMISSION: October 7, 2003 and November 5, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a Utility easement at the Shoppes of Boynton. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. * THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as followS: !. 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 am 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..~~a~Pv~~ ~,,~,.,~.,~ City Clerk ~ XII,- LEGAL CITY OF BOYNTON BEAC! ITEM A.5 AGENDA ITEM REQUEST FOI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) _ November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve an Ordinance amending Chapter 18, Pensions and Retirement by deleting current outdated language in the Code of Ordinances and creating new sections providing for the establishment of early retirement incentive programs. EXPLANATION: The City Commission has formulated early retirement incentive programs, which have had positive administrative and fiscal benefits to the City. A new ERIP is currently pending. This Ordinance deletes sections of the Code of Ordinances regarding early incentive programs, and creates new sections of the Code authorizing early incentive programs and adding provisions for exercising of the option to participate in extenuating circumstances. PROGRAM IMPACT: Incorporates provisions for participation in early retirement incentive programs when offered, in the event that an employee is incapacitated or dies during participation eligibility periods. FISCAL IMPACT: ~-'-~~A~t, ltead.,~i~e ~ City Manager's Signature City Attorney Depadment Name City Attorney / Finance / Human Resources S:~BULLETINAFORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE 03- ~ ~/ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, ARTICLE IX EARLY RETIREMENT INCENTIVE PROGRAM; DELETING SECTIONS 18-223 THROUGH 18-230 IN THEIR ENTIRETY AND ADDING NEW SECTIONS PROVIDING FOR THE ESTABLISHMENT OF EARLY RETIREMENT INCENTIVE PROGRAMS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has heretofore formulated early retirement programs which have had positive administrative and fiscal benefits to the City; WHEREAS, the City Commission has determined that codification of incentive is not necessary as they are limited in scope and time; and WHEREAS, additional provisions for exercising the option to participate in early incentive programs is necessary to address circumstances when employees are >acitated or die during participation eligibility periods; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and incorporated by this reference. Section 2. Sections l 8-223 through 18-230 of Article IX of Chapter 18 are deleted their entiretyl Section 3. The following Sections of Article IX of Chapter 18 are hereby created read as follows: Sec. 18-223. The City Commission may from time to time establish early Language f~ ERIP 110603.rff 1 retirement incentive programs. Early retirement incentive programs shall be created ..by Ordinance. No Ordinance establishing an early retirement incentive program shall be enacted without: a. A written recommendation from the City Manager and the Finance Director that the proposed early retirement incentive program is beneficial to the administration of the City workforce and is fiscally beneficial; and b. An actuarial study has been conducted and presented to the City Commission; and c. The proposed Ordinance has been furnished to the State of Florida fo, review, as required by law. Sec. 18-224. No employee shall be compelled to participate in an early retirement incentive program. Participation is optional and shall be evidenced by th~, employees' signature on a participation agreement. Sec. 18-225. The benefits provided by any early retirement incentive program shall not be forfeited when an employee who was eligible for participation in an early retirement incentive program offered by the City dies following execution of an agreement for participation but prior to his/her actual retirement date. Sec. 18-226. The surviving spouse, or any other legally desi~.tmated representative, of an employee who is eligible for participation in an early retiremem incentive program may exercise the employee's option to participate when th~, employee dies or is determined to be mentally incompetent subsequent to thc adoption of the ordinance enacting the early retirement incentive program but prior h, the deadline for electing to participate in the program, Provided the spouse o, representative executes the participation agreement on behalf of the employee, h, e for ERIP 110603.rff 2 such cases, the employee's department head, subject to approval by the City Manager, shall establish the actual date of retirement. Section 4. Should any section or provision of this Ordinance or portion hereof, any any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Any part of the Boynton Beach Code in conflict herewith shall be ~ealed. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This Ordinance shall be effective upon the later of date. of passage, and is applicable to any early retirement incentive program pending at time of adoption and all future programs adopted by the Commission. READING this / ~ day of .~r01,/~ o1~, 2003. SECOND, FINAL READING and PASSAGE this __ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner IT: City Clerk S:\CA~Ordinances~Pension~,odifled Language for ERIP 110603.rtf 3 XII. - LEGAL CITY OF BOYNTON BEACI ITEM B.1 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Of~ [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December l6, 2003 December l, 2003 (Noon) [] February l7, 2004 February 2, 2004 (Noon) ~ [] January6,2004 December l5, 2003 (Noon) [] March2,2004 Febmaryl6,2004(Noon~ [] January20,2004 January 5, 2004 (Noon) [] March l6, 2004 March l, 2004 (Noon) ~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the December 2, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission approved this request on November 18, 2003 under Consent Agenda. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-246 and the accompanying ordinance. EXPLANATION: PROJECT: Sign Code Amendments - Sign Heights (CDRV 03-004) OWNER: City Initiated DESCRIPTION: Request for amendments to the Land Development Regulations, Chapter 21. Signs to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNAT~~t~~ De~e~L~;~t D~pTm~,ent Direct~)r ~Signature Planning and Zonin~n:ector City Attorney / Finance / Human Resources S:~lanning~HARED\WP~PECPROJ~Signs~,Agenda Item Request Sign Code Amend. Sign Hts CDRV 03-004 12-2-03.dot SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH; REVISING CHAPTER 1, "GENERAL PROVISIONS", ARTICLE II "DEFINITIONS" TO AMEND THE DEFINITION OF "FREESTANDING SIGN" AND INCLUDE A DEFINITION OF "MONUMENT SIGN"; AMENDING CHAPTER 21, "SIGNS," ARTICLE II, "VARIANCES/EXEMPTIONS AND PROHIBITIONS", SECTION 3, "PROHIBITIONS" TO ADD PYLON SIGNS AS BEING PROHIBITED IN ALL DISTRICTS; AMENDING ARTICLE III, "SPECIAL CONDITIONS," TO CREATE A NEW SECTION REQUIRING NUMERICAL ADDRESSES ON ALL FREESTANDING SIGNS; AMENDING ARTICLE IV, "SIGNS ALLOWED" TO REVISE HEIGHT AND OTHER REGULATIONS GOVERNING FREESTANDING SIGNS IN NONRESIDENTIAL COMMERCIAL DISTRICTS, GENERALLY, AT SHOPPING CENTERS, AND IN COMMERCIAL BUSINESS DISTRICTS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City administration has reviewed a number of new site plans and to site plans in relation to signage, and issues concerning the height of g, pole, pylon and monument signs have become frequent; and WHEREAS, the City administration and the City Commission desire to assure that regulations concerning these types of signs require clarification to assure conformity with accompanying property or project and with the City as a whole; and WHEREAS, the City Commission has determined that it is in the best interest of the to amend provisions of the Sign Code for clarification and to comply with legal and WHEREAS, the proposed changes are not intended to have the effect of superceding programs adopted as part of the approval process for existing Planned Commercial ;tricts and Planned Industrial Districts in the City; and WHEREAS, the proposed changes are not intended to create a mechanism providing the removal of nonconforming signs, as the removal of nonconforming signs is already ;:\CA\Ordinances~ign Heights 12-03.doc 1 of 7 ;et forth in the Land Development Regulations; rather the proposed changes are designed for development and redevelopment applications and major site plan modifications; and WHEREAS, the amendments hereinafter set forth will facilitate the administration of City's regulation of freestanding pole, pylon, and monument signs in a manner which aesthetic concerns, commercial needs, and existing property rights. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby and confirmed by the City Commission. Section 2. Article II, "Definitions", Chapter 1, "General Provisions", of the Land Regulations, Part III of the Code of Ordinances is amended as follows: FREESTANDING SIGN - A pyflm monument or ground n n use of ~e prope~ upon which it is ~ located. Gro~d- mo~ted si~s may be supposed by one or more poles. provided ~at ~e bosom of ~e si~ or cabinet is no more than ~o (2') feet above ~ade ~d that ~e poles ~d complete len~ of ~e si~ or cab~et ~e clad in ~e s~e or like mat~al, completely to the ~o~d. ~t~afives to the clad~g requffement may be co~idered if ~e desi~ of the ~i~ confo~s to ~e ~c~tec~al desi~ of~e buil~g(s). MONUMENT SIGN - A freestanding sign situated directly on the ground or mounted completely along the bottom of the si? cabinet to a low-pr°file base or pedestal. :\CA\Ordinances',Sign Heights 12-03.doc 2 of 7 Section 3. Section 3, "Prohibitions" of Article II, "Variances/Exemptions and ," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code is amended as follows: ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: X. Pylon signs. Section 4. Article III, "Special Conditions," Chapter 21, Signs, of the Land Regulations, Part III of the Code of Ordinances is amended to create a new 9, as follows: ARTICLE III. SPECIAL CONDITIONS See. 9. Numerical addresses required. The numerical address for the property shall be affixed to and be an integral and prominent part of any freestanding sign. Section 5. Section 2, "Signs allowed in commercial nonresidential districts not excluded" of Article 1V, "Signs Allowed," Chapter 21, Signs, of the Land Part III of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED ;:\CA\Ordinances~Sign Heights 12-03.doc 3 of 7 Sec. 2 Signs allowed in commercial nonresidential districts not otherwise The following signs are permitted and regulated in all commercial nonresidential districts not specifically set forth elsewhere in this chapter: B. One (1) double-faced ~ monument sign advertising activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of area for each linear foot of street frontage; no such sign shall exceed sixty-four (64) square feet in area. 1. For all single tenant premises four (4) acres or more in size, one (1) freestanding sign not exceeding fifteen (15) feet in height. Lots which front more than one (1) collector and/or arterial roadway shall be, allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of ten (10) feet, to be located on the additional roadway. 2. For all single tenant premises less than four (4) acres in size, one (1) fi'eestanding sign, which shall be a monument sign. On roadways of six (6) travel lanes or more, the monument sign shall have a maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, the monument sign shall have a maximum height of eight (8) feet. On roadways having less than four (4) travel lanes, the monument sign shall have a maximum height of six (6) feet Circumstances, such as surrounding properties, speed limits, and project scale may justify further reductions in the maximum sign heights set forth in this subsection. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of Six (6) feet, to be located on the additional roadway. Section 6. Section 3, "Signs allowed in shopping centers and public use districts" IV, "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, III of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED ;:\CA\Ordinance~Sign He/ghts 12-03.doc 4 of 7 Sec. 3 Signs allowed in shopping centers and public use districts. The following signs are permitted and regulated for shopping centers and multiple tenant premises: B. One (1) freestanding sign, as set forth below, advertising activity conducted on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each linear foot of street frontage of the lot provided such sign (160) does not exceed one hundred sixty square feet in area c,r a ,^~.,. ,u~ .aa:,:^..~ .~.a ......Each sign shall include the project name and be ......d on ...................... for multiple tenant projects may be used as a directory of thc businesses located in the shopping center, but shall not be used to advertise only one (1) tenant. 1. For all shopping center or multiple tenant premises four (4) acres or more in size, the freestanding sign shall not exceed fifteen (15) feet in height. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height often (10) feet, to be located on the additional roadway. 2. For all shopping center or multiple tenant premises less than four (4) acres in size, one (1) monument sign. On roadways of six (6) travel lanes or more, the monument sign shall have a maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, the monument sign shall have a maximum height of eight (8) feet. On roadways having less than four (4) travel lanes, the monument sign shall have a maximum height of six (6) feet. Circumstances, such as surrounding properties, speed limits, and project scale may justify further reductions in the maximum sign heights set forth in this subsection. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of six (6) feet, to be located on the additional roadway. g:XCA\Ordinances~Sign Heights 12-03.doc 5 of 7 Section 7. Section 6, "Signs allowed in the central business district" of Article "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, Part III of Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED Sec. 6. Signs allowed in the central business district. The following signs are permitted and regulated in the central business district (CBD): B. Unless otherwise superceded by overlay district regulations applicable to any portion of the premises, Oo_ne (1) ~ monument sign, not to exceed ,,-~,--,~'~'"' w,,~rQ~" forty (40). square feet in area, advertising activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each one and one half (1-1/2) linear feet of street fi;ontage, with a maximum height of~ five (5) feet. Section 8. Conflicting Ordinances. prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to extent of such conflict. Section 9. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or by any court of competent jurisdiction, then said holding shall in no way affect validity of the remaining portions of this Ordinance. ::\CA\Ordinances~ign Heights 12-03.doc 6 of 7 Section 10. Inclusion in Code. It is the intention of the City Commission of the CITY OF BOYNTON BEACH, that the provisions of this Ordinance shall become and be made a part of the CITY BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be or relettered and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase in order to accomplish such intentions. Section 11. Effective Date. This Ordinance shall become effective immediately after adoption by the City FIRST READING this __ day of ,2003. SECOND, FINAL READING AND PASSAGE this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner City Clerk S:\CA\Ordinances~ign Heights 12-03.doc 7 of 7 PLANNING AND ZONING MEMORANDUM NO. 03..246 TO: Community Redevelopment Agency and Planning & Development Board FROM: Michael Rumpf, Director of Planning & Zoning DATE: October 8~ 2003 SUBJECT: Sign Code Review (CDRV 03-004) Heights and Definitions BACKGROUND The Planning & Zoning Division has been reviewing a number of new site plans and modifications to site plans recently and is continuously required to defend the City's position relative to signage, which is not 'supported by code. The current Land Development Regulations. regarding commercial and industrial signage allows fi~eestanding pole, pylon and monument signs up to 20 feet in height. Staff has been 'sUCCessful in negotiating with developers fOr monument sign.n (ground signs) at a greatly reduced height from the maximum height allowed bY code, typically in the-range of 8 to12 feet, since signs of this height are more in keeping with the scale of the City as a whole and more specifically the project itself. Increasingly, developers of smaller sites have been more resistant to Staff's overtures, "'" ' instead looking to increase their visibility and marketability by proposing pylon signs at the maximum 20-foot limit. Additionally, several of the sites, due- to being at an intersection of two streets, would be allowed two 'such signs. Staff is' in the midst, of a complete sign code review and rewrite, timed with the greater . Land Development Regulations re-write, that is proPOsed to address this and many other issues. HOwever, staff is apprOximately six ~months r~moved from proposing new. 'language in Ordinance form. In order to prOvide staff the tools, necessary to guide --~. development apprOpriately and in keeping'with Boynton's character,:, staff, is requesting an immediate code amendment to the section(s) of the sign code regul'atin.' g freestan~g signs. ANA!?'YSIS -Previously, staff'i:ondUcted research and' reviewed.the sign codes for Unincorporated' .,. Palm- Beach .County~ Boca Raton, Delray Beach and. Oreenacres as comparisons~ This ..'~: comparison indicated a wide range.of regulations,, restricting sign.heights anywhere ~om -',' ' .-.. 5-feet to 30-feet for. freestan~g sign~, .... .-:. Within the last few years, staff, has attempted to. influence the'use of monument., 'signs as opposed to pole Signs .or pylon signs, as' well as reduce, the height and scale, of these tyPes of signs. Staff has attempted to create an improved community standard to .guide development ~for the betterment of our residents and visitors alike. · During this time, staff has been fairly successful in influencing the. sign styles and sizes that have begun to grace our city. Several office complexes such as the Corrina Collin Center and the Medical Arts Professional Center Were approved with small monument signs (6-feet and under). Several other single tenant commercial projects such as. ._ Victoria's Closet; Krispy .Kreme, Mobil on the Run and Lighthouse Academy were approved with 8-foot' tall monument signs. Even Staples was approved with a 7~fo°t high monument sign. 'Lastly, the Woolbdght Plaza project, which included a four (4) story office.building and a 'Walgreens store, with attached retail bays, was approved (per conditions) with two (2) 12-foot tall monument signs. These types of app~ovals..have gone a long wayto improve the visual image of the city. However, by code,~ll of the examples noted above could have had a 20-foot tall pylon sign in front of their respective businesses. Staff has been very successful in negotiating · - on the City's behalf, and will continue to do so. These proposed amendments are needed to codify regulations that represent the'City's current image and vision. CONCLUSIONS/RECO~ATIONS Understanding that a city cannot 'have one regulation that' fits all circumstances, staff would like to propose a'I/tulti-faceted ai~proach to freestanding signs: · Eliminate' pylon. sign as an allowable sign type in the sign code. Pylon si~-~"are defined as si~tms that are on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is 6-feet or more above grade. Currently these signs are allowed upto a height of 20-feet. ... · Add the definition of monument sign: a freestanding.sign situated directly on' the' ground or mounted completely along the bottom of the sign. cabinet to a. low- profile base or pedestal. · Amend the definitiOn .of freestanding sign to read: a' monument or ground-. mounted sign identifying.the use of the property upon which it is located. Ground- mounted signs may be supported by one or more poleS,. provided that the bottom --- of the. sign Or cabinet is no more than two (2)'feet above grade and that the poles '*~' and complete length' of the sign or cabinet are clad in the sine or like-material, completely, to the ground.' Altemativ, es to the cladding requirement may be ' ' : considered. if the deSign of the. sign follows the architectural design-:of the · Add a requirement of all:new freestanding signs,.that~tho numerical address ho'an - -. integral and prominent part orthO.sign. ~' ' · For a shopping center or mail of at least four (4) acres in size, that has.multiPle tenants, a monument sign not exceeding~ 15-feet' in height may be. allowed.· sign must include the~project name and be used as a directory of the businesses located in the center, not for just one large tenant. If the center is located at 'an intersection, thereby qualifying for a second freestanding sign, said sign shall be a monument sign no greater than 1 O-feet in height. · For all single tenant sites and all multiple tenant sites under four (4) acres, monument signs shall be the only type of freestanding sign allowed. On roadways of 6 travel lanes or greater, a monument sign may not exceed 12-feet in height. On roadways consisting of 4 travel lanes, a monument sign may not exceed 8-feet in height. Other criteria such as stlrrounding properties, speed limit and scale of the project may be justification for ~e further reduction in maximum height to a 6-foot limitation. On roadways consisting of 2 travel lanes, a monument sign may not exceed 6-feet in height. Again, special circumstances (such as those noted above) may justify a further reduction insign height. · In the Cen~tl Business District (CBD), the only type of freestanding sign allOwed shail be a monument sign that shall not..exceed 5-foot in height. This limitation would help to preserve and foster the pedestrian scaie of the district. However, this restriction may be superceded by related planning documents and overlay zones currently regulating signage within, a portion of, or the whole,' entire district. Three (3) additional points need to be'made. First, the suggested changes recommended above do not supercede the sign programs adopted, as part of the appmvai process for existing Planned Commercial Districts (PCD) and. Planned Industrial Districts (PID)..,- SeCOnd, pending redevelopment planning efforts may lead to zoning, and' signage .regulafionn .tailored specificaily to certain 'developments or corridor~;' which...wonld supercede the code provisions described herein. Lastly, these proposed Code amendmeats are designed for new.. development 'applications and extensive-major site plan-. modifications.' It is not. 'intended to create a mec~ for the City to ~ystematically . . eliminate non-conformin§ signs. However, as cra'rant codes require, onc~ a ~ign is . damaged in. excessof-50% of it~ original Value, it shall be made to comply withall the. i -' requirement~ of the COde: - - XII. - LEGAL CITY OF BOYNTON BEACE ITEM B.2 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Motion to approve an Ordinance setting forth procedure for the selection of the Vice Mayor.. EXPLANATION: Charter Section 23 describes the Vice Mayor as serving for a period of one year, but contains no details on the selection process. At the last City Commission meeting a draft Ordinance was submitted by staff for discussion purposes and direction was provided by the Commission for redrafting of the Ordinance. PROGRAM IMPACT: This will provide a written procedure in the Code of Ordinances for the selection of the Vice Mayor on an annual basis. FISCAL IMPACT: N/A ALTERNATIVES: To leave the procedure as is. Department Head's Signature City Manager's Signature Department Name ~/ City Attorr~)//l~ance / Human Resources S:~BULLET1N~ORMSLa. GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A NEW SECTION 2-1.2 OF THE CODE OF ORDINANCES, ESTABLISHING THE PROCEDURE FOR THE ANNUAL SELECTION OF THE VICE-MAYOR; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the position of Vice-Mayor serves an important operational and :eremonial function in the City; and WHEREAS, the Charter of the City states that the position of Vice-Mayor of the City serve in a capacity for a period of one (1) year; and WHEREAS, no current procedure is detailed in either the Charter or the Code of regarding the selection process that the Commission shall use in the appointment and WHEREAS, the City Commission deems it in the best interest of the City that the ~osition of Vice-Mayor be rotated, thereby affording both experience and opportunity to of the Commission to represent the interests of the City as Vice-Mayor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. There is hereby created a new Section 2-1.2 of the Code of Ordinances shall read as follows: Sec. 2-1.2. At the second regular City Commission meeting in November of each the Commission shall appoint one of its members to serve as Vice-Mayor. Any of the Ci_ty Commission who has not previously served as Vice Mayor during his/her term of office may be selected to serve as Vice-Mayor. No second of the nomination 3: \CA\RESO\Revised Vice Mayor Selection.doc Page 1 uired. Voting shall occur in the following manner: Voting shall be by voice vote. Each of the Commission shall vote for one nominee in each round of voting until one obtains a majority vote. If no nominee obtains a majority in round one, there is round of voting but the nominee with the least number of votes does not move on to two. If there are four nominees in round one, the nominee with the most votes wins. If one is nominated to serve as Vice-Mayor, the Mayor shall declare the nominee by acclamation without the necessity of a vote. Section 2. Should any section or provision of this ordinance or portion hereof, any sentence or word be declared by a court of competent jurisdiction to be invalid, decision shall not affect the remainder of this ordinance. Section 3. Authority is hereby granted to codify said ordinance. Section 4. This ordinance shall become effective immediately upon passage. FIRST READING this __ day of ., 2003. SECOND, FINAL READING AND PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner " Commissioner Clerk Commissioner \CA\gESO\Revised Vice Mayor Selection.doc Page 2 XI'I. - LEGAL ITEM B.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to pass an Ordinance amending Article III, Pensions for Police Officers, revising Sec. 18- 170 to provide for optional forms of benefits and amending Sec. 18-174 to provide for a cost of living adjustment. EXPLANATION: This Ordinance amends the Optional Forms of benefits section to correct an omission from the restatement. The provision for the Survivor Annuity was not included in the restatement and is an optional benefit which has been available to the members. The cost of living adjustment will not be paid unless the net actuarial experience from all sources is positive. This revision was required by the state's actuary, Charles Slavin. PROGRAM IMPACT: The program will improve the benefits to the pension program participants and enhance employee retention in the Police Department. FISCAL IMPACT: The City staffhas not had an oppommity to review this proposal. However, the Police Pension Fund Actuary has indicated the changes will not result in a liability to the City's General Fund. It is recommended that the City Commission approve the ordinance as first reading on December 2, 2003 and allow the Finance Director to review the report from Mr. Palmquist in time for the second reading of the ordinance for December 16, 2003. The ordinances should be approved in calendar year 2003, if possible. ALTERNATIVES: Do not proceed with approval of the ordinance at this time. Department Head's Signature . ~ity Manager's Signature Department Name /] City Attorr(.9t~"/-15inance / Human Resources S:'~BULLETINZFORMS'~AGENDA ITEM REQUEST FORM.DOC SABRIEL, ROEDER, SMITH & COMPANY Co~5ult&nt~ & Actuarie~ 301 E~t Les Olas Blvct, · SuiTe 200 · Ft, Lauderdate, FI.. 33301.2/.~54 · 954.527-1616 · FAX g54-525-0083 August 7, 2003 Bonni S. Jansen, Esq Hanson, Perry &Jensen, P.A. 105 South Narcissus Avenue Suite 510 West Palm Beach, Florida 33401 Re: Boynton Beach Police Pension Fund Dear Bonni: We have reviewed the proposed ordinance that would: (a) Allow a retiring member to elect either a joint and survivor annuity or a ..... survivor annuity, and (b) Incorporate Chapter 112.61 language pertaining to the use of experience gains for funding cost of living adjustments. It is our opinion that passage of this ordinance will have no actuarial impact on the Plan. We welcome your questions and comments. Sincerely yours~l . J. Stephen Palmquist JSP/or cc: Barbara LaDue ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE III, ENTITLED "PENSIONS FOR POLICE OFFICERS," OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; REVISING §18-170 TO PROVIDE FOR OPTIONAL FORMS OF BENEFITS; AMENDING §18-174 TO PROVIDE FOR A COST OF LIVING ADJUSTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Municipal Police Officers' Retirement Trust ("Fund") Board of Trustees ("Trustees"), at the advice of its consultants, is clarifying plan language providing for the cost of living adjustment and the optional forms of and WHEREAS, the Trustees have determined that it is in the best interests of the )ants and Beneficiaries of the Fund to clarify this language; and WHEREAS, the City Commission of the City of Boynton Beach, Florida desires to its Municipal Police Officers' Pension Ordinance in order to implement this revision the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being tree correct and are incorporated herein by this reference. Section 2. Chapter 18, Article III, §18-170 of the Code of Ordinances of the City )f Boynton Beach, Florida, entitled "Optional Form of Benefits," is hereby amended as CODING: Words in sl~qlk~da,r~ type are deletion from existing law; Words in underscored type are additions. Page 1 of 4 :\CA\Ordinances'unension'dlBPD - Drafi~Police Pension -optional form of benefit.doc §18-170 Optional Form of Benefits. B. The value of optional benefits shall be the actuarial equivalent of the value of benefits otherwise payable· The member shall make an election by written request to the Board, such request being retained in the Board's files. The options available to the members of the fund are as follows: (1) Life annuity. The member may elect to receive a benefit payable for the member's life only. (2) Contingent annuitant (joint and survivor option). The member may elect to receive a benefit during the joint lifetime of the member and a joint pensioner designated by the police officer, and following the death of either of them, 100%, 75%, 66 2/3% or 50% of such monthly benefit payable to the survivor for the lifetime of the survivor. (3) Survivor Annuity. The member may elect to receive a benefit during the member's lifetime and then following the death of the member, a reduced amount to a beneficiary. At the time of retirement, the member may choose a survivor benefit of 100%, 75%, 66 2/3% or 50% of the member's monthly benefit. This amount will be payable to the beneficiary for the lifetime of the beneficiary. Section 3. Chapter 18, Article HI, § 18-174 of the Code of Ordinances of the City Boynton Beach, Florida, entitled "Cost of Living Adjustments," is hereby amended as !ollows: A. Subject to the conditions set forth in this section, the board of trustees shall annually authorize a cost of living a.~justment, the amount of which shall be determined as of each September 30"'. The amount of the cost of living adjustment shall be equal to the actuarial present value of future pension payments to current pensioners multiplied by the positive difference, if any, between the rate of investment return and eight and one-half percent (8.5%). The actuary shah determine whether there may be a cost of living adjustment based on the following factors: CODING: Words in ~ *h ..... ~' type are deletion from existing law; Words in underscored type are additions. Page 2 of 4 \CA\Ordinances\Pension\BBPD - DraftXPolice Pension -optional form of benefit.doc 1. The actuary for the pension fund shall determine the rate of investment return on the pension fund assets during the twelve (12) month period ending each September 30th. The rate determined shall be the rate reported in the most recent actuarial report submitted pursuant to Part VII of Chapter 112, Florida Statutes. 2. The actuary for the pension fund shall, as of September 30th, determine the actuarial present value of future pension payments to current pensioners. The actuarial present values shall be calculated using an interest rate of eight and one half percent (8.5%) a year compounded annually, and a mortality table approved by the board of trustees and as used in the most recent actuarial report submitted pursuant to part VII of Chapter 112, Florida Statutes. This will be the pool of funds available to fund the cost of living adjustment. 3. If the actuary determines there may be a cost of living adjustment, the board of trustees shall authorize such an adjustment unless the administrative expenses of distribution exceed the amount available for the' distribution. 4. The cost of living adjustment shall be funded only if the present value of the pool of funds does not exceed the net actuarial experience accumulated fi.om all sources of gains and losses. Section 4. It is the intention of the City Commission of the City of Boynton leach that the provisions of this Ordinance shall become and be made a part of the Code of of the City of Boynton Beach, Florida. The Sections of this ordinance may be re-lettered and the word "Ordinance" may be changed to "Section", "Article" or word or phrase in order to accomplish such intention. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of in conflict herewith be and the same are hereby repealed to the extent of such Section 6. If any clause, section, or other part or application of this Ordinance be held by any court of competent jurisdiction to be unconstitutional or invalid, such CODING: Words in s~k-e-t4m~ type are deletion from existing law; Words in underscored type are additions. Page 3 of 4 ::\CA\OrdinanccsXPension\BBPD - Draff~Police Pension -optional form of benefit.doc ional or invalid part or application shall be considered as eliminated and so not the validity of the remaining portions or applications remaining in full force and Section 7. This Ordinance shall becom6 effective when the foregoing changes to benefits has been ratified by the collective bargaining unit(s) representing the Police Employees, or their successor organization. FIRST READING this ~ day of ,2003. SECOND, FINAL READING and PASSAGE this day of ~ 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ~TTEST: Commissioner ~ITY CLERK Commissioner SEAL) CODING: Words in ~ *u ..... ~' ......... e,~ type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 :\CA\OrdinancesLPension\BBPD - Draft~Police Pension -optional form of benefit.doc x.t,t. - LEGAL ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Motion to pass an Ordinance amending Article III, Pensions for Police Officers, to provide for amendment to the monthly supplemental benefits. EXPLANATION: This Ordinance provides a monthly supplemental benefit to be distributed among retirees from the excess monies received pursuant to Section 185, Florida Statutes. PROGRAM IMPACT: The program will improve the benefits to the pension program participants and enhance employee retention in the Police Department. FISCAL IMPACT: The City staff has not had an oppommity to review this propOsal. However, the Police Pension Fund Actuary has indicated the changes will not result in a liability to the City's General Fund. It is recommended that the City Commission approve the ordinance as first reading on December 2, 2003 and allow the Finance Director to review the report from Mr. Palmquist in time for the second reading of the ordinance for December 16, 2003. The ordinances should be approved in calendar year 2003, if possible. ALTERNATIVES: Do not proceed with approval of the ordinance at this time. Department Head's Signature C~ty Manager's Signature Department Name //- City ~L~,~j~y ~ Finance / Human S:~BULLETINLFORMS~,AGENDA ITEM REQUEST FORM.DOC G,JkeltlEt,~, IRO~ SMITH & COMPANY ----' 30~ East ~ O~r~ Brai. · ~u~te ~0{} * Pt, Laudei~;~. FL ~3.'_~1-225,t · 954-527-~1 e * F~X 954-6~ Hovember 24, 2003 IBonni S. Jansen, Esq. Hanson, Perry & Jansen, P.A. 105 South Narcissus Avenue Suite 510 West Palm Beach, Florida 33401 Re: Boynton Beech Municipal Pollce Officers Retirement Trust Fund Dear Bonni: We haye reviewed the proposed ordinance that would provide a supplemental benefit for retirees. The annual amount payable to ell retirees would be equal to the excess, if any, of annual Chapter 18,5 revenue over the sum of the baseline amount of $485,087 plus 1% of each year's oovered payrotl. For the year ended September 30, 2003, covered payroll was $7,382,088, 1% of whloh is $7'3,821. Therefore, at October I. 2003, the amount to be distributed to retirees is $583,573 - ($465,087 + $73,821 ) -"' ,$44,565. This amendment only provides a benefit if Chapter 185 revenue exceeds the amounts descrlbe(J above. Them is no promise or cm~mitment for any other benefits, It Is therefore our opinion that passage of this ordinance would have no actuarial impact on the Retirement Trust Fund. We welcome your questions and comments. Sincerely yours, ~ J, Stephen Peln~t~ JSPior cc: Barbara LaOue ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE III, ENTITLED "PENSIONS FOR POLICE OFFICERS," OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR MONTHLY SUPPLEMENTAL BENEFITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR. SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida, presently has a retirement plan and fund for police officers; and WHEREAS, the Board of Trustees ("Trustees") of the Boynton Beach Municipal Officers' Retirement Trust Fund ("Fund") desires to amend the City Code to amend monthly supplemental benefit; and WHEREAS, the ordinance has been reviewed by the actuary for the Fund and a copy impact statement has been filed with the Division of Retirement in Tallahassee; and WHEREAS, the City Commission of the City of Boynton Beach, Florida has ~ amendment will benefit the citizens of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being tree correct and are incorporated herein by this reference. Section 2. Chapter 18, Article Ill, §18-169(F) of the Code of Ordinances of the of Boynton Beach, Florida, entitled "Requirements for Retirement-Benefit Amounts," is amended as follows: §18-169 Requirements for Retirement - Benefit Amounts. CODING: Words in s~qk~Om~gh type are deletion from existing law; Words in underscored type are additions. Page 1 of 4 Draft~Police Pension - monthly supplemental benefit.doc F. Monthly Supplemental Benefits. 1. Effective October 1, 2006, any retiree, including DROP participants, or beneficiary receiving pension benefits is entitled to a monthly supplemental pension benefit. The benefit pool will be funded by 100% of the earnings and 10% of the principal created by the contributions set forth in paragraph ~ 4 below. 2. Beginning October 1, 2003, 100% of the excess money received pursuant to Chapter 185, Florida Statutes, ("185 money") each calendar year in excess of the base amount of $465,087, plus one percent (1%) of payroll annually to fund the benefit as provided in paragraph 4, plus any 185 money held in reserve, shall be distributed to all current retirees, including DROP participants, or beneficiaries receiving benefits. These supplemental benefit payments will be distributed according to the formula set for in paragraph 3. This distribution is in addition to the benefit provided for in paragraph 1 which shall begin October 1, 2006. ~. 3_ The benefit pool shall be divided according to the total number of years of service rendered by all retirees, with a cap of 20 years. The shares will be divided on a pro-rata basis on the following schedule: 20 or more years of service 100% 19 years of service 95% 18 years of service 90% 17 years ofserwce 85% 16 rears of service 80% 15 years of service 75% 14 years of service 70% 13 years of service 65% 12 years of service 60% 11 years of service 55% 10 years of service 50% 9 years of service 45% 8 years of service 40% 7 years of service 35% 6 years of service 30% 5 years of service 25% Duty Disability 100% Nonduty Disability Based on above schedule Beneficiary Based on ~ CODING: Words ino.~l~v~-~ ,u..~....c~u type are deletion from existing law; Words in underscored type are additions. Page 2 of 4 :\CA\Ordinances~Pension~BBPD - Draft~Police Pension - monfialy supplemental benefit.doc of years of retiree's service ~. 4_. Such benefit will be funded by a 1% contribution from the Members and a 1% contribution from the ";'-' r~cm~,; ...... :,u ,u~ 185 i .... mOB es..,~ ............................ ~wJ- The Member ~d 185 conffibutions shall be effective October 1, 2001. *~e ~r~t ~all pa~Tcll contribute to this benefit t~ou~ 20 years of se~ice. · 5. ~2s ~ese benefit5 shall be payable monthly as a p~ of the regulm monthly pension benefit. ~e benefit sh~l be payable to ~e retiree, includ~g DROP p~icip~ts, or ~d ~y benefici~ eligible to receive benefits as a result of ~e death of a retiree. ~e benefit shall cease upon ~e dea~ of ~e ~ retiree or benefici~, w~chever is the l~t s~iving pension recipient. Section 3. It is the intention of the City Co~ission of the CiW of Boston that ~e provisions of this ~din~ce shall become ~d be made a p~ of the Code of of the City of Boston Beach, Florida. ~e Sections of t~s ordin~ce may be re-leVered ~d the word "~din~ce" may be ch~ged to "Section", "~icle" or such other word or p~e in order to accomplish such intention. Section 4. All Ordin~ces or pa~s of ~din~ces, Resolutions or p~s of in conflict herewith be ~d ~e sine me hereby r~e~ed to ~e extent of such co,Jct. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not CODING: Words in std!i~hrou~a type are deletion from existing law; Words in underscored type are additions, Page 3 of 4 3:\CA\Ordinances~ension\BBPD - Draft~Police Pension - monthly supplemental benefit.doc the validity of the remaining portions or applications remaining in full force and Section 6. This Ordinance shall become effective when the foregoing changes to >ension benefits has been ratified by the collective bargaining mt(s) representing the Police . or their successor organization. FIRST READING this __ day of ~ 2003. SECOND, FINAL READING and PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner CLERK Commissioner SE dO CODING: Words in sa4he-thr-ough type are deletion from existing law; Words in tmderscored type are additions. Page 4 of 4 :\CA\Ordinances~PensionXBBPD - Drafi~olice Pension -monthly supplemental benefit.doc