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Agenda 02-17-04 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA FEBRUARY 17, 2004 Jerry Taylor Mayor At Large I Bob Ensler ~ ',,--IDIST"ICT IV r-L ~ ~ Commissioner Mack McCray Commissioner I ~ / ' 'j District II Mike Ferguson ~~-~ ~--~ Vice Mayor ' IDI ;TRICT~IIi' / District 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 PART~C]~PAT]:ON AT CTI'Y OF BOYNTON BEACH COMM]~SSTON MEE'I'~NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda ]:rems: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ttems: 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. SPEAK]:NG AT COMM]:SS]:ON MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Healings: 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 ]:rems: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESS]:NG THE COMMTSS]:ON: 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 inthe Boynton Beach City Commission Chambers, :L00 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 February 17, 2004 6:30 P.M. I. OPENZNGS: A. Call to Order - Mayor .lerry Taylor B. Invocation - Rev. Martin Zlatic, St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption ZZ. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNITY lit SPECIAL EVENTS~ lit PRESENTATI:ONS: A. Announcements: 1. March 2, 2004 City Commission Meeting Cancelled 2. April 6, 2004 City Commission Meeting changed to April 7, 2004 B. Community and Special Events: 1. HeritageFest - February 3 - February 29, 2004 C. Presentations: 1. Proclamations: None 2. Presentation by Mark Fagan, Public Information Officer for the Florida Department of Agriculture, regarding the citrus canker eradication program Agenda Regular City Commission Meeting Boynton Beach, Florida February 17, 2004 TV. PUBLZC AUDZENCE: ZNDZVZDUAL SPEAKERS WZLL BE LZt41'rED TO 3-t4ZNUTE PRESENTATZONS (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. ADMZNZSTRATZVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date IV McKoy Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Tabled (3) Mayor Taylor Advisory Bd on Children & Youth Stu/NonVoting I yr term to 4/04 Tabled (3) ! Ensler Advisory Bd on Children & Youth Stu/Voting i yr term to 4/04 Mayor Taylor Education Advisory Board Stu I yr term to 4/03 Tabled (3) I Ensler Education Advisory Board Reg 2 yr term to 4/05 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 I Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) Vt. 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. Agenda Preview Conference of January 30, 200~ 2. Regular City Commission Meeting of February 3, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the "THREE YEAR CONTRACT FOR BANKING SERVICES," RFP #008-1410-04/CJD to BANK OF AMERICA with an estimated annual expenditure of $24,588 (Proposed Resolution No. 04-017) (TABLED ON 02/03/04) 2. Award the bid for "LEASING OF 5 NEW AND UNUSED VEHICLES," Bid #023-2110-04/CJD to ACME AUTO LEASING, LLC of North Haven, Connecticut, for an expenditure of $30,684 (for Police Department) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida February 17, 2004 3. Approve a "piggy-back" of the ClTY OF PALM BAY, BleD #23-0-2002/GG to AQU!FER MA!NTENANCE AND PERFORMANCE SYSTEMS, ]:NC. for WELL REHAB!LrFA~ON SERV!CES with an estimated annual expenditure of $300,000 C. Resolutions: 1. Proposed Resolution No. R04-021 Re: Funding for an additional $50,000 to be utilized in conjunction with $130,000 appropriated in the 2003/2004 budget and $100,000 from the South Florida Water Management District Alternate Supply Program Matching Grant, Phase :[! Reuse Expansion 2. Proposed Resolution No. R04-022 Re: Approving Task Order #U04-15-1 with Utilities General Engineering Consultants Metcalf & Eddy, !nc. in an amount not to exceed $53,848 for engineering services for the preparation of the Utilities Department Emergency Response Plan (ERP) to comply with requirements of the United States Environmental Protection Agency (EPA) 3. Proposed ResoluUon No. R04-023 Re: Contractual agreement with St. John's Missionary Baptist Church and the Boynton Terrace Neighborhood Association under the City's Neighborhood Assistance Program (NAP) for the ongoing maintenance of landscaping and irrigation improvements of North Seacrest Boulevard in the areas identified in an approved NAP project - project cost of $10,760 4. Proposed Resolution No, R04-024 Re: Approving Task Order No. U04-14-01 for $332,360 to Mathews Consulting, 1nc. (MCI) to provide professional engineering services for the NW 17t~ Avenue Stormwater and Water Main !mprovement Project 5. Proposed Resolution No. R04-025 Re: Approving Task Order #U04-5-03 with CH2M Hill for Design Modifications, Bid Phase Services, Construction Management, and Services during Construction and an Evaluation Report for the Master Uft Station #309 Basin Sanitary Sewer Rehabilitation in the amount of $143,328 6. Proposed ResoluUon No. R04-026 Re: Rescinding Resolution No. R03-196 (contract with Kimley-Hom and Associates, !nc. for professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area CTCEA) for the City of Boynton Beach within the CRA area at a base cost of $56,000 with optional elements amounting to an additional $48,000) and approving Task Order for same services (all costs are to be paid by the City of Boynton Beach Community Redevelopment Agency) 3 Agenda Regular City Commission Meeting Boynton Beach, Florida February 17, 2004 7. Proposed Resolution No. R04-027 Re: Donation agreement between the City of Boynton Beach and the American Legion Club of Boynton Beach to place a 24" x 28" monument and dedication plaque to the Submarine Veterans of World War TI at Tntracoastal Park D. Ratification of Planning & Development Board Action: 1. Venetian Villas (NWSP 03-021), South side of Southwest 23rd Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in an R-3 zoning district (RET.4BZED BY ¢Ohll¥.~$$_rON ON Oa/O3/O~) E. Ratification of CRA Action: 1. Woolbright Grill (ZNCV 03-028), 700 Woolbright Road (South side of Woolbright Road at the Tntracoastal Waterway) - Request relief from Chapter 2, Zoning, Section 6.C.3., requiring a minimum rear yard setback of 20 feet, to allow for a variance of 20 feet, and a rear yard setback of 0 feet for a restaurant in a C-3 zoning district F. Approve a donation of $4,000 to the Boy Scouts of America from the forfeiture fund G. Pilot Project to install Iow volume irrigation at NW 17~ Avenue median H. Release of cash bonds totaling $16,000 to D.R. Horton for the project known as Parkside Village at Quantum Park (Block 3, Lot numbers 11-14 and Block 4, Lot numbers 31-36) I. Accept the written report to Commission of purchases over $10,000 for the month of January 2004 for informational purposes 3. Approve Permit No. 04-0493 for the dredging and removal of approximately 2760 CY of material from the manmade marine basin (finger canal) at Marina Village and approve acceptance of a cash surety in the amount of $2,750 for restoration of roadways in conjunction with removal of dredge materials K. Release cash bond of $6,820 to Motor City Car Wash, Inc. for the project known as Motor City Car Wash L. Allocation of $795 of Community Investment funds by Mayor Taylor for the Greater Boynton Beach Sister Cities Committee's Young Artists' Competition 4 Agenda Regular City Commission Meeting Boynton Beach, Florida February 17, 2004 VII. CODE COMPLIANCE & LEGAL SE'n'LEMENTS: A. Motion to pay settlement from court ordered mediation in the amount of $15,000 to Peter Ebbole (slip and fall) VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Presentation of the Ocean District Community Redevelopment Plan (TABLED TO 02/.17/04) (Proposed Ordinance No. 04-003) B. Project: 503 North Seacrest (LUAR 03-010) Agent: Don Stacks Owner: Edward Eatman TT! Location: 503 North Seacrest Boulevard Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre C. Project: S03 North Seacrest (LUAR O3-010) Agent: Don Stacks Owner: Edward Eatman III Location: 503 North Seacrest Boulevard Description: Request to rezone from C-2 Neighborhood Commercial to R-i-A Single Family (Proposed use is single family residence) D. Project: Mixed Use Code Review (CDRV 04-001) Agent: City initiated Description: Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F. Mixed Use Zoning Districts D(. cTrY MANAGER'S REPORT: A. Commission consideration of the Basis of Design Review packet information for the West Water Treatment Plant Expansion bid phase (TABLED TO 02/.17/04) B. Discussion of Cemetery Expansion into Little League Park X. FUTURE AGENDA 11'EMS: A. Strategic Planning Session (February 27, 2004) B. Senior Center Fee Study (March 16, 2004) C. .loint City Commission/CRA Workshop (March 30, 2004 - 6:30 p.m. - Library) D. Additional Property Tax Assessment Exemption for !ncome Eligible Senior Citizens per FSS 196.075 (May 2004) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida February 17, 2004 E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) G. Discussion regarding Non Quasi-judicial Advisory Board Consolidation H. Old High School - what needs to be done to allow people into the school XZ. NEW BUSZNESS: None LEGAL: A. Ordinances -- 2nd Reading - PUBI.~C HEARING None B. Ordinances- 1st Reading 1. Proposed Ordinance No. 04-002 Re: Amending Land Development Regulations, Chapter 2 "Zoning," Section 8. M-1 Industrial District 4. Conditional Uses, by creating a new subsection f to include dance instruction as a conditional use 2. Proposed Ordinance No. 04-004 Re: Abandonment of a portion of the Quantum Boulevard right-of-way 3. Proposed Ordinance No. 04-O05 Re: Amending Chapter 9, "Fire Protection and Prevention," Article II, Creating a new subsection 9- 24, "Requirements for high-rise buildings and buildings with six or more stories" 4. Proposed Ordinance No. 04-006 Re: Amending Chapter 2 of the Code of Ordinances to add a new Article XII entitled Quasi-Judicial Boards; establishing a procedure for creation, consolidation and abolishment of quasi-judicial boards; appointment of members to quasi- judicial boards; board duties and responsibilities and terms of board members 5. Proposed Ordinance No. 04-007 Re: Approval of an Ordinance enacting a written procedure for conducting and giving notice of quasi-judicial hearings 6. Proposed Ordinance No. 04-008 Re: Amending Chapter 2- 13.2(C) of the Code of Ordinances, amending the procedure for the 6 Agenda Regular City Commission Meeting Boynton Beach, Florida February 17, 2004 appointment of the chair and vice chair of the Community Redevelopment Agency 7. Proposed Ordinance No. 04-009 Re: Creating a new Subsection 2-92 within Chapter 2, "Administration," of the Code of Ordinances, providing for the consolidation of powers of the Nuisance Abatement Board and the Code Compliance Board and amending Chapter 15, Article VII:I: to change all references to "Nuisance Abatement Board" to "Code Compliance Board" 8. Proposed Ordinance No. 04-0:LO Re: Consolidation of powers of the Building Board of Adjustment & Appeals with the Planning & Development Board C. Resolutions: 1. Proposed Resolution No. 04-028 Re: Notice of Tntent for Zoning in Progress - Mixed Use-High ]:ntensity and Mixed Use-Low Intensity zoning districts 2. Proposed Resolution No. 04-029 Re: Notice of ]:ntent for Zoning in Progress - Non-residential uses in single-family zoning districts D. Other: None XITT. UNFTNTSHED BUS:[NESS: None X.TV. ADJOURNMENT: NOTICE IF A PERSON DEC]DES TO APPEAL ANY DEC~SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'FI'ER CONSIDERED AT THIS MEETING~ HE/SHE WiLL NEED A RECORD OF THE PROCEEDINGS ANDt FOR SUCH PURPOSE~ HE/SHE HAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL W~l-I A DISABILITY AN EQUAL OPPORTUNITY TO PARTIC]PATE IN AND EN.1OY THE BENEFITS OF A SERVICE~ PROGRAH~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ~OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PR]OR TO THE PROGRAH OR ACTiViTY IN ORDER FOR THE CTFY TO REASONABLY ACCOHMODATE YOUR REQUEST. bg FINAL AGENDA 2/:L3/2004 12:02 PM S:\CC\WP\CCAGENDA~AGENDAS\YEAR 2004\021704 FINAL AGENDA.DOC ZTL-ANNOUNCEMENTS & PRESENTATZONS Ztern C.2 CITY OF BOYNTON BEACH 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 _c~ c'~-..~ AGENDA ITEM [] City Manager's Report [] Presentation "q -<c:~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business C~ :~.< RECOMMENDATION: Permit presentation EXPLANATION: Mark Fagan, Public Information Officer for the Florida Department of Agriculture, has a to a brief presentation with regard to the citrus canker eradication program. PROGRAM IMPACT: Although this is a state program, this presentation may address some of the questions and concerns of affected citizens. FISCAL IMPACT: None ALTERNATIVES: Not allow presentation (J~ Department HO[d's Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA CITY OF BOYNTON BEACE ITEM B.1. 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 16, 2003 December 1, 2003 (Noon) ~ February 17, 2004 Februa~ 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 ~1: NATURE OF [] Announcement [] New Business ~ AGENDA ITEM [] City Manager's Report [] Presentation -'~ [] Consent Agenda [] Public Hearing ~ .~2:: [] Code compliance/Legal Settlements [] Unfinished Business ~ RECOMMENDATION: Motion to award the "THREE YEAR CONTRACT FOR BANKING SERVICES", RFltl: #008-1410-04/CJD to BANK OF AMERICA with an estimated annual expenditure of $24,588.00. Contract Period: February 3, 2004 through February 2, 2007 EXPLANATION: On November 12, 2003, Procurement Services opened and tabulated six (6) proposals to our RFP "Three Year Contract for Banking Services". The responding financial institutions included: Bank Atlantic, Bank of America, Fidelity Federal Bank & Trust, SouthTrust Bank, Sun Trust Bank, and Wachovia Bank. Based on an analysis of estimated fees Bank of America has submitted the lowest cost proposal for services. In addition to submitting the lowest cost proposal, Bank of America will not charge the City or any employee for cashing a check drawn on the City's payroll account. They will also provide free checking to those employees who elect to have direct deposit of their payroll check. A copy of the evaluation analysis is attached. There is provision within the RFP to renew the contract for two (2) additional one (1) year periods based on the same terms, conditions, and prices, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. PROGRAM IMPACT: The City's banking services are currently with Bank of America and they have provided the City with excellent service. Maintaining a relationship with them would not result in cost to the City for initial set up. Estimation of setup fees would be around $5,000.00. FISCAL IMPACT: Current fees for banking services average $22,000 annually. ALTERNATIVES: Not award contract to Bank of America and award ~nancial institution. Deputy Director of Financial Services City Manager's Signature Procurement Services ~ ~,~'~.~._ Department Name City Attorney / Finance / Human Resources SSBULLETINLFORMS~,AGENDA ITEM REQUEST FORM.DOC C: Diane Reese- Finance Director File City o[Boyn ton Bea c~ OFFICE OF THE C1TY I~NAGER 100 ~ ~n ~ch ~va~ P.O. ~x 310 ~yn~n ~ch, F~$ 33~25-0310 C~ Manages ~: (561) 7~2-6010 F~' (561) 7~2-~11 e-~il: b~nerk~i.~yn~n-~ch.~.us ~.~yn~n-~ch.o~ February 5, 2004 Melissa J. Tyner, 1~t Vice President Fidelity Federal Bank & Trust 205 Datura Street West Palm Beach, FL 33401 RE: "Three Year Contract for Banking Services" RFP #008-1410-04/CJD Dear Ms. Tyner: This is to acknowledge receipt of your letter dated January 27, 2004 addressing concerns in the evaluation process where Fidelity Federal Bank & Trust scored a possible forty-eight (48) points in the category, "Cost of Service and Investment Earnings Rate". The comments made in your letter were associated with a Bank of America, Analysis Statement dated September 30, 2003. This particular statement was provided as part of Addendum #1 based upon a request from a potential proposer to obtain general information on the types of services currently being provided to the City, and the statement showed our current banking services contract prices. It was not the City's intent to have proposers use this statement for comparative analysis since the pricing, and service options could very well change in the new banking services contract. In order to obtain comparative pricing, the RFP contained a Proposal Summary Form, Attachment C. The form provided descriptions of Types Of Services, Estimated Monthly Units, and allowed each bank to provide a Unit Cost, and a Total Charge. This allowed all banks an equal opportunity to submit pricing proposals to reflect their estimated monthly costs for the banking services. The banks submitted their proposed pricing based upon the Proposal Summary Form and were ranked according. Based upon this review it was our determination to maintain the scoring as provided in the Evaluation Analysis. Also, you had a comment in regards to the Sweep Account Rate. Fidelity Federal Bank & Trust offered the Federal Funds Rate with no deduction, whereas, the comparative bank offered Federal Funds Rate minus 10 basis points based on the weekly average of the Ms. Melissa J. Tyner February 5, 2004 Page 2 Federal Funds Effective Rate. In addition, the other bank offered an option of a Public Funds Interest on Checking Account (PFIOC) with interest accrued daily on the collected balance and no reserve requirement that will be reviewed for consideration. The City of Boynton Beach recognizes the value of having Fidelity Federal Bank & Trust in our community as witnessed by our recent deposit of funds from our Fire Assessment Funds into your money market account. As the City needs services, we will continue to work with your bank. I appreciate your comments and concerns but believe that it is in the best interest of the City that the City Commission proceed with the original staff recommendation. Sincerely, Kurt Bressner City Manager cc: Diane Reese - Director of Financial Services Donna Hey - Assistant Vice President Bob Fugate - Executive Vice President FIDELITY FE _e m CITY MANAGER'S OFFICE January 27, 2004 The City of Boynton Beach Kurt Bressner,' City Manager 100 E. Boynton Beach Blvd. Boynton Beach, F1 33435 RE: Three Year Contract for Banking Services RFP No.. 008-1410-04/CJD Formal Request for Review Dear Mr. Bressner: Thank you for encouraging Fidelity Federal Bank & Trust to review the bids received on the above referenced RFP. Due to the volume of information available, I chose to first review the Evaluation Analysis which included the scoring ~of each bidder. I will address my concerns only between Bank of America and Fidelity Federal Bank & Trust, and only in the category, "Cost of Service and Investment Earnings Rate worth a possible 55 points." Bank of America scored a perfect 55 Points, listing their Cost of Services estimated at $2,049.00 and Fidelity Federal Bank & Trust scored 48 points, listing the cost of services estimated at $2,654.39, Because an addendum to the RFP dated October 22, 2003, all bidders received a copy of the Account Analysis Statement for the month of September 2003, from Bank of America. I also requested and received the Proposal Summary Form, or Attachment C of Bank of America's response to the RFP. ! USed khe tbxee documents listed above, only for my research and my findings are as follows: · Bank of America's actual cost of service for September 2003 was $3,115.06. · Bank of America's estimated cost of service in response was $2,049.00 · Bank of America's estimated cost of service refers to "Additional Services Page" for all Electronic Banking Services and Accounts on Statement Reports. When these charges are added to total monthly estimated costs, the increase is no less than $500.00 monthly. · RFP requested, "OnLine Stop Payment - Maint." Bank of America stated that there is no charge for accounts to have the ability to initiate Stop Payments. However, in the "Additional Services" area, they list a $12.00/$20.00 fee for Direct Stop Payments initiated less than 12 months .and more than 12 months, respectively. Four (4) Online Stop Payments would increase estimated cost by no less than $48.00 monthly. Corporate Offices: 205 Datura Street. West Palm Beach, FL 33401-5679o (561) 803-9900 ~ · Bank of America lists cost for change orders at $2.00 per order on the response, however, additional services list an additional $.09 per $100.00 ordered and $.08 per roll of coins ordered. Actual cost of change orders for September is listed as $142.75. · Fidelity Federal Bank & Trust listed exact cost of services for providing everything that goes along with the service. We did not segregate the cost of providing a receipt, making a phone call to notify, producing a statement, providing access to our on-line banking, or actually including the cash in a change order. Our response stands as all inclusive. The same month that Bank of America calculated your charges as $3,115.06, actual cost of service with Fidelity Federal Bank & Trust would have been $2,146.22. · Bank of America lists Sweep Account Rate at Federal Funds less 10 basis points. Fidelity Federal Bank & Trust lis.ts Sweep Account Rate at actual Federal FUnds Rate with no reduction. This may seem a sm~:t differe,.~.e, however, ion ! 'mill/on d~ot:i'als;, it 'eel'a'a-.te$-to-:, 1,000.00 dollars per year. Again, thank you for the opportunity and the time necessary to make this review. We want to be the Bank of the City of Boynton Beach. Any consideration you can give these findings will be greatly appreciated. I would welcome the opportunity to present this report and explain our proposal in person, to you, the City Commission or any interested parties. Sincerely, Melissa J. Tyner 1 st Vice' President c: Donna Hey, Assistant Vice President Bob Fugate, Executive Vice President FIDELITY FEDERAL BANK & TRUST RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #008-1410-04/CJD TO BANK OF AMERICA, PROVDING FOR A THREE YEAR CONTRACT FOR BANKING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE PARTIES; AND PROVDING AN EFFECTWE DATE. WHEREAS, on November 12, 2003, Procurement Services opened and six (6) proposals to the RFP "Three Year Contract for Banking Services"; WHEREAS, each proposal was reviewed based on an analysis of estimated and staff has determined that Bank of America has submitted the lowest cost ~osal for services; and WHEREAS, upon recommendation of staff, the City Commission of the City Boynton Beach does hereby approve the award of RFP No.008-1410-04/CJD to of America. 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, approves the award of RFP No. 008-1410-04/CJD to Bank of America, for a contract for banking services. Section2. That the City Manager is hereby direc~t~d- to execute an between the City of Boynton Beach and Bank of America, a copy of ;:\CA\RESO~Agreements\Bid AwardsWward of RFP - Banking Services - Bank Of America.doc is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of February, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CA\RESO~Agreements~Bid AwardsV~ward of RFP - Banking Services - Bank of America.doc ATTACHMENT B CITY OF BOYNTON BEACH AGREEMENT FOR BANKING SERVICES THIS AGREEMENT, made and entered into this 3rd day of February~ 2004, by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "City", and Bank of America~ N.A., a State chartered banking institution, herein referred to as "Bank". WITNESSETH: WHEREAS, the City is desirous of entering into a contractual agreement with a fmancial institution to provide the City's banking services; and WHEREAS, the City received proposals, conducted interviews, and recommended the selection of Bank to provide such banking services; NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises herein contained, the parties hereto agree as follows: 1. TIME FOR PERFORMANCE: The performance of the Agreement shall commence on February 3~ 2004~ and shall remain in effect for a three year period to February 2~ 2007. The City will have the option to extend the contract for another two-year period, providing both parties mutually agree. Any proposed changes by the bank relating to thel extension will be provided to the City 90 days prior to the contract expiration date. 2. SCOPE OF SERVICES: Bank agrees to provide the services specified, with the personnel specified, and at the costs specified in its proposal to the City, said proposal being attached as Exhibit "A" and incorporated by reference herein and made a part hereof as fully as if herein set forth. Bank hereby acknowledges submitting said proposal in response to the City's Request for Proposal for Banking Services, said Request for Proposal for Banking Services being attached as Exhibit "B", incorporated by reference herein and made a part hereof as fully as if herein set forth. 3. PAYMENT FOR SERVICES: The City agrees to provide payment to Bank under the following payment arrangement: Payment will be made by a "specific charges for service" method. The Bank shall submit monthly invoices for all services rendered for the preceding month. Such invoices shall be accompanied by an account analysis for each account and a summary analysis for all accounts combined which will itemize all charges. The analysis shall contain, at a minimum, average daily ledger balance, less float and reserve requirements to arrive at a net collected balance. Following the City's opporttmity to review the monthly account analysis, and reconcile any discrepancies, a check will be issued to the Bank for the approved charges, less any contested charges. There shall be no automatic debiting of the City's accounts for service charges. 4. IMPLEMENTING SPECIAL PROVISIONS OF AGREEMENT: Representatives of the parties are hereby authorized to meet and draf~ any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of operation shall become effective upon acceptance by the Finance Director~ Diane Reese and Bank. Said plans and procedures of operation shall be subject to change upon mutual agreement and consent of the parties, which agreement and consent shall not be unreasonably withheld or denied. 5. INDEMNIFICATION: Bank shall indemnify, defend and hold harmless the City, it officers, elected officials, agents and employees, fxom and against any and all claims, actions, losses (including economic Page I of 4 losses), or liability, or any portion thereof, including attorneys fees and costs, arising from any actual or alleged a) injury, sickness, disease, or death to person, the employees, or damage or injury to property occasioned by a negligent act, omission or failure of the Bank; b) violation of law, statute, ordinance, governmental administration order, rule, regulation, of infringement of patent rights by Bank in the performance of the Scope of Services; or c) liens, claims or actions make by the Bank or its agents, subsidiaries or other party performing the work. The indemnification obligations herein shall not be limited by any limitation of the amount, type of damages, compensation, or benefits payable by or for the Bank under worker's compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by Bank. With regard to any financial loss which may be suffered by the City as a result of or due to intentional or negligent acts of commission or omission by Bank, Bank hereby agrees to reimburse and hold harmless the City for such loss. 6. INSURANCE: The Bank shall secure and maintain in force throughout the duration of this all required insurance as set forth in Exhibit "C" attached hereto and incorporated herein. Each insurance policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 7. CONVENANT AGAINST CONTINGENT FEES: The Bank warrants that they have not employed or retained any company or person, other than a bonafide employee working solely of the Bank, to solicit or secure this contract, and that the Bank has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Bank, an fee, commission, percentage, brokerage fee, girls, or any other consideration contingent upon or resulting from the award or making this contract. For breech or violation this warranty, the City shall by the right to annul this contract without liability or, in its discretion to deduct fi.om the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, girl or contingent fee. 8. DISCRIMINATION PROHIBITED: The Bank, with regard to the work performed by it under this agreement, will not discriminate on the grotmds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials and supplies. 9. ASSIGNMENT: The Bank shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 10. NON-WAIVER: Waiver by the City of any provision of this agreement or any time limitation prOvided for in agreement shall not constitute a waiver of any other provision. 11. TERMINATION: The City reserves the right to terminate this agreement at any time by giving 30 (thirty) days written notice to the Bank. 12. DISPUTES: Any dispute out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, Florida. Page 2 of 4 13. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33424-0310 ATTENTION: DIANE REESE, DIRECTOR OF FINANCE Notices to Bank shall be sent to the following address: BANK OF AMERICA, N.A. 101 EAST KENNEDY BLVD., 5TM FLOOR TAMPA, FL 33602 ATTN: LYNN NIEVES Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received; however facsimiles received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must also be mailed as required herein. 14. INTEGRATED AGREEMENT: This agreement, t. ogether with attachments or addenda, represents the entire and integrated agreement between the City and the Bank and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and Bank. 15. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, and any representatives or statements heretofore made with respect to such subject matter, whether verbal or written, are merged herein. 17. This Agreement shall be construed in accordance with the laws of the State of Florida and any remedies of the parties pertaining thereto shall likewise be governed by said laws. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized officials, have executed this Agreement as of the day and year first above written. DATED this of 20 CITY OF BOYNTON BEACH BANK OF AMERICA, N.A. City Manager Date Authorized Representative Date City Attorney Date Attest/Authenticated: Date City Clerk (Corporate Seal) Page 4 of 4 EXHIBIT ATTACHMENT A City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thc following is a list of types of insurance required of contractors, lessees, etc., and the limits required by thc City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ !,000,000.00 Aggregate $1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Other - As Risk Identified to be determined 1NSURANCEADVI SORYFORM04 Revised 10/2001 o ooc> ~, z z 0 -H -t ~o c> m -n z-n ' 0 -- 0 ~>> 00 ~ ~> m m > o ,co =- ~o;;~~0> -I c>~' m7~ 0- 0, -I 0aO._l ..~ > > r./) X z ,c:> ._I ~m -I -n "n m m~ z > oi -n q o> m m o~ m ~~ C> ~ rn c m< m 0 m o m m '-~ o 'r zZ -- ..... ~ ~ C:: mO o'~ ~ -. ~m Z m oo> m m ~ m m ~, m - Zo 0 m > ~-~-n ~ 0~ '~'o::r° mO > .< 0'~ -< -< o '< -< -< ITl 00> ITl m Zo m _ o Om Zz ~ _~ > ~' ~o~ ==' z '<m ~> -< -< zo 0 0~1 ITl _~ 0 z 0 0 ~ -H z --I .-H --I -- z -- -- ;m 0 ~ 0 0 ~ O: 0 *00 ". m -o:;0 (m/>.~ ~ r- 0 :z z: :> :~ ;o °o 03::> ~, c= o~ m m :> 6'>~ ,co ITl mO -- m m o3 m 0 ;0 -< c c~ c~ c z m c o o< 0 rn 0 rn -I ~ m m~ rn '-' m ·~~o~Z. om zZ ~o ~..~._~ ~ ~ z mO ~ - ::>-~ 3::" m m~O O m 03-1 ~- -< ITl .5' ~ i .... i i C) > ~-~--,o: :; > ~ 8 m -< O = :~- C o = o ~m zZ mO o > -< -< m ~> m m m ~ ~ m ~o ~z Zo 0 0 ..~ m .5' rn m -< O zZ ~ ~ m ITl Ill ~ - r-- mi~ U)~ ¢) C) ~ c. Z ~Z mz z0 ~ 0 co mo m ~ ~ 0 --I C ~ m VI.-CONSENT AGENDA CITY OF BOYNTON BEA 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 (Noov~ [] January6,2004 December l5, 2003 (Noon) [] March2,2004 Februaryla, 2004(Noo~. [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) .g.'? [] 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 bid for "LEASING OF FIVE (5) NEW AND UNUSED VEHICLES" Bid # 023-2110-04/CJD to: ACME AUTO LEASING, LLC of North Haven, Connecticut for an expenditure of $30,684.00 CONTRACT PERIOD: FEBRUARY 17, 2004 TO FEBRUARY 16, 2005 EXPLANATION: On January 8, 2004, Procurement Services received and opened three (3) bids for the "LEASING OF FIVE (5) NEW AND UNUSED VEHICLES". After review of the three (3) proposals, it has been determined that ACME AUTO LEASING, LLC is the most responsive, responsible bidder who meets all specifications. Michael Munro, Police Department concurs with this recommendation (see attached memo). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid was to seek prices from vendors to provide a lease program including but not limited to special requirements, for five (5) new and unused vehicles for the Police Department. FISCAL IMPACT: Funds are available in the following account: ANNUAL ESTIMATED DESCRIPTION ACCOUNT NUMBER AMOUNT OTHER CONTRACTURAL SERVICES 001-2110-521-49-17 r) $ 30,684.00 Deputy Director of Financial Services ~ C~ty Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.D C: Michael Munro - Police Department Central File File CITY OF BOYNTON BEACH, FLORIDA JAN 2 2 200~ INTER-OFFICE MEMORANDUM t~t~©CUE~ElflT SI~RVlCE$ TO: Bill Atkins DATE: 01-21-04 FILE: ~ SUBJECT: Bid # 023-2110-04/CJD 5 Lease Vehicles VICE FROM: Michael L. Munro REFERENCES: ~,g-*2 ENCLOSURES: After review of the bid it is the recommendation we go with the lowest bid of ACME Auto Leasing, LLC. Funding has been provided in the Police budget in account 001-2110-521-49-17. APPROVED DISAPPROVED DATE BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: JANUARY 9, 2003 Bid Title: LEASING OF FIVE (5) NEW AND UNUSED VEHICLES Bid Number: 023 -2110 -04/C J1) Bid Received By: JANUARY 8, 2004, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: JANUARY 8, 2004, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Acme Auto Leasing, LLC. Federal I.D. Number: 06-1425257 A Corporation of the State of: ct. 954 792-2402 Regional Sales Office Area Code: 203 Telephone Number: 234-6850 954 792-2493 Regional Sales Office Area Code: 203 FAD{ Number: 234-6858 Mailing Address: 440 Washington Ave. City/State/Zip: North Haven, Ct. 06473 Vendor Mailing Date: 1 / 7 / 04 ~~ amre Richard Byrd, Regional Sales Manager Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 13 SPECIFICATIONS FOR Leasing of Five (5) New and Unused Vehicles SCOPE OF BID: The City of Boynton Beach is seeking prices for vendors to provide a lease program, including but not limited to the following listed requirements, for use in the Police Department. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3-4) with the proposal sheet in order for a bid to be considered. TERM OF THE LEASE: xx One year lease with an option to renew for two (2) additional one (1) year periods TYPES OF VEHICLES: xx Dodge Durango xx Dodge Dakota Toyota Matrix XX -~~- Chevy .Impala xx Nissan Altima MAINTENANCE: xx The City will provide oil changes and gas THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications continued .... XX Attach a separate sheet of paper explaining any other maintenance costs as related to your lease program. SPECIAL CONDITIONS: The City will need a minimum mileage of 24,000 miles per year Vehicles to be calm in color (nothing bright that would stand out) xx A sample of your lease contract to be submitted with your proposal. FINANCIAL: xx On a separate sheet of paper list monthly payments per vehicle xx List any billable cost at "turn in time". THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 The City of Boynton Beach Procurement lOB E. Boynton Beach Boulevard P. O. Box 310 Boynton Be.a~ Florida 33425-0310 Telephone: (561) 742-6320 FAX; (561) 742.6506 ADDENDUM #1 DATE: December 12, 2003 BID TITLE: LEASING OF FIVE (5) NEW AND UNUSED VEHICLES BID NUMBER: #023-2! 10~04/CJD The following changes, additions, and/or deletions are hereby made a part of the Bid for "Leasing of Five New & Unused Vehicles". NOTICe.OF CHANGE: The Proposal Page has been changed. Item #1 is to read Dodge Durango. See attached revised Proposal page: If you have any questions or require additional clarification, please call Carol Doppler, Senior Buyer, Monday through Friday 8:00 A.M. to 5:00 P.M. at (561) 742-6323. Sincerely, Bill Atldns Deputy Director of Financial Services /cjd c~: All Plan Holders Mioha~l Mumo - Police Departmem SC..Oi~ap~EAS IlqG, LLC .' ~ Date ~0 39~d 90~9~L~g~ ~S:~ ~00~1§01~0 REVISED ADDENDUM #1 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 1/6/2004 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of vehicles called for. When submitting more than one bid proposal price for these vehicles, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the vehicles in accordance with the specifications for the sum of: LEASING OF (5) VEHICLES FOR A ONE (1) YEAR PERIOD: MONTHLY PAYMENTS: 1) DODGE DURANGO $ 459.00 2) DODGE DAKOTA $ 424.00 3) TOYOTA MATRIX $ 549.00 4) -~)~~ Chevy Impala $ 535.00 5) NISSAN ALTIMA $ 590.00 ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the vehicles will be delivered within 40-60 calenchtr days from the date of the Purchase Order from the City. Number of Bid Proposals submitted one Explanation of all other maimenanee costs relating to vehicles xx Yes No List of Billable costs at "Turn In Time" xx Yes No THIS PAGE TO BE SUBM/TTED ALONG WITH FOR B/D PACKAGE TO BE PROPOSAL IN ORDER CONSIDERED COMPLETE AND A-2 ACCEPTABLE BgVd 90Eg~f_Ig~ I~ :II ~00g/~0/I0 Specification "check-off' sheets (Pages 3 - 4) submitted '/ES Yes/No Copy of Lease agreement enclosed? ~s Yes/No Acme Auto Leasing, LLC ~ COMPANY NAME SIGNATURE R±chard Byrd PRINTED NAME ( 954-7~2-2402 Regional Sales Manager TELEPHONE NUMBER TITLE (954 ) 792-2493 rickbyrd@acmeautoleasing, com FAX NUMBER E-Mail Address THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly swom, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ~' NAME - SIGNATURE~ Sworn and subscribed before me this "~ day of ~tt,k~ ,20 O¢ Printed Information: Richard Byrd NAME Regional Sales Manager NOTARY PUBL~[C_~ State o(Fl~rida at Large Acme Auto Leasing, LLC. COMPANY "OFFICIAL NOTARY SE~" ST~P THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future Use and information. Please fill out and indicate in the appropriate spaces proVided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your Bid response. ( ) .~dVlERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO xx If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL t7 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drag-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has imPlemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that ~omplies fully with the above requirements. Vendor's Sign~lture THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 Acme Auto Leasing 4217 Davie Road, Suite 3 Davie, FI. 33314 Phone 954-792-2402 Fax 954-792-2493 January 6, 2004 City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, Fl. 33425-0310 Re: Lease of five vehicles - Bid no. 023-2110-04/CJD Attachment Maintenance: It is the intention to provide all new vehicles. The City will maintain the vehicles. Most repairs would be covered by manufacturers warranty. Replacement tires, batteries, brakes and any other wear items are at the expense of the City. Billables at turn in: Miles driven over the allowed mileage (24,000) at 12 cents each. Damages beyond normal wear and tear. Damages to sheet metal larger than a quarter or damages that break the paint will be chargable. Any glass damage. Any missing parts. Replacement fires purchased by the City shall match the original equipment. Non matching replacement fires will be charged back to the City. Renewal: Acme reserves the right to make reasonable rate adjustments upon renewal to reflect for price increases, model changes etc. It is our understanding that a renewal of the agreement would require replacement of all vehicles provided with new vehicles. Sample lease: A sample lease agreement has been provided for your consideration. Significant adjustments may be made to the lease agreement. Delivery: It is anticipated that delivery can take place 40-60 days from date of firm order. Types of vehicles: We have substituted the Chevrolet Impala for the Dodge Intrepid. The Dodge is no longer in production. We would be happy to consider any other alternative. co fOr the opportunity. Should you have any questions at all please do ntact the undersigned. Rick Byrd CLOSED ENDLEASE AGREEMENT AND DISv~LOSURE STATEMENT Lease No. Date of Lease 'This Lease Agreement (Lease) is between (Leasee) and (Lessor) Acme Auto Leasing, LLC Toll Free (800) 242-7767 Name: 440 Washington Avenue Telephone (203) 234-6850 ~ ess: North Haven, CT 06473, Fax (203) 234-6858 '~ phone: Subject to the terms and conditions of this lease you agree to lease from Lessor the motor vehicle ("Vehicle") described below and 'will use the Vehicle primarily for personal or business use.. VEHICLE INFORMATION Year Model Plate Body St3,1e Unit # Color _ VIN Odometer Mileage_ LEASE DISCLOSURES I. Total Payment Due at Inception: [21 Capitalized Cast Reduction $ [] Delivery Charge $ c The residual amount due to Lessor is ~ Registration Fee S $ . WI Advance Monthly Payment $ ck In the event that the Lease is terminated due to the total lo.~ of the [] Refimdeble Security Deposit $. Vebicle, You ate responsible for the amount by which the monthly ~ Other _ $ payment multiplied by the number of remaining months in the Lease TOTAL $ Tem~, together with the residual amonnt due to Lessor. minas any caerow amount which shall not become due, exceeds the mount of any 2.Term of Lease: Months insurance pwccede received aa a result of the loss. The first payment of~.- is due on the .__.day of the month of and subsequent payments of $~ am duc on thc 12. Secnri~ Interest: .day of esch month thereafter. The lessor has the figbt to a~sign your rental payments to a Bank and grant a security interest in the Lease and the Vehicle to Bank. 3. Total Monthly Payment: $ 13. Late Payments and Penalties: 4. TotalofMonthl~ Payments: $_ Thecharge for late p~yments is five pear~ent (50/0)ofanyrental orother payment due under the Lease which is not paid within ten (10) days after said 5. Total other charges Payable to Lessor: payment is due. [] Disposition $ In the evant You cease to pay insurance, t&x or maintenance expen~ etc., [] MaintenanceS (est.*) (see ltera 9) Lessor may pay these expense~ and charge You for flu~,e cos~, plus interest at El Other $ eighteen percent (18%) per annum until repaid to Lessor. ecs and Taxes: 14. Option to Purchase: Yes Nn J'otal amount you will pay during the term for official fees, registration, You have the option to purchase the vehicle at Certificate of Title, license fees and taxes. $ $ on Other 7. Insurance: (check one) [] You are required to provide the following imm, rance coverage: ® "Est." indicates e~timated exoenses based upqn Bodily Injury or Death $1,000,000 combined single limits per accident the best informalaon re_as, onabl~ ayallable t6 ,the property Damage $100,000 Lessor as of the date pt thee d~sclos, ures, arl.q Collision ($500 deductible) for actual cash value of vehicle sueB expenses may change lb accoraance wire Comprehensive, Fire, Theft the terms of this Uease. Uninsured Motorist Coverage [] Lessor will arrange ~nsurance coverage for You at the initial monthl~ cost to yo. of $ (asr.*) LEASE TERMS AND CONDITIONS 8, Standards of Wear and Use of Vehicle: 15. Lease Only: The Lessee acquires no right, rifle or intea'~t in the Vehicle The following standards are applicable for determining your (Lessee's) except the right to use it for the Lea~e Term Set forth above, which shall commence on the date the Lessee accepts in writing delivery of the Vehicle Financial responsibility at the end of the Lease Term for the ("Delivery Date"). Toe Lessor's ownership shall be evidenced by the regislration unreasonable wear and use of the Vehicle: and licensing of the Vehicle with the appropriate govammental authorities a) Leasor's cost of reconditioning the Vehicle which exceeds $100, and b) excessive mileage of $ per mile over miles per. showing ~ in the name of the Lessor. The Lese, en agrees not to take any action -- or omit to take any act/ou which is inconaislem with the Lessoea ownership of the 9. Maintenance of Vehicle: (check one) Vehicle and to keep it free and clear of any and all lienz and encambranees. [] You are responsible for all maintenance and servicing of the Vehicle, 16. Lessee's Payment Obligations: The Lev, ace shall pay to the Le~or o~ including, but not limited to, gas, oil, tune-upa, repairs, fires and storage, the Deliver) Date any Advance Paymenta and Security Deposit set forth above, [] Lessor is responsible for the foltovAng maintenance: Which shall be held by or for the Lessor without in~'est The Leasee si/all also pay to the Lessor monthly rental payments as described above, the frtst of which shall [] Malntensnce charge is Included in lease fee be due and payable on the Delivery Datu and the remainder ahall be due m',d 10. Warfare/es: payable on the same day of each month thereafter. Where tax~ insucsoce, The Vehicle is subjecX to ONLY those express warranties provided ?y?e raain~enee or 6ther paymeata have been iniluded in the munthlyirental payment. ,ease Terms and Conditions continu Unless the Option To Purchase is exercised, this Le~e shall terminate with r~pect to a Les~ee's Use of the Vehicle Vehicle upon the scheduled expiration of the Lease Term set forth ahow, t~e remm of the The Vehicle may be operated only by ti~e Lessee, members of L~see's immediate family. and authorized employees and ag&nts. Every operator must be properly authorized ;md Vehicle at the Lessee's expense to Lessor at the location of its delivery to Lessee or at such other location as the Lessor may specify in writing, and the payment of all sm.~s due ($ 1,000,000); (1) d~lare in-maedlately due and payable f~om Lessee all unpaid tca~c paymeuts, Hundred Dollars ($500) deductFo{e; agent and ernp{oyees, to enter upon any of the Lassie% peoperty o~ premisea fo~ (5) Fire, theft, and comprehensive (for passenger cars), or fire, theft and combined the purpose of taking immedia~ possession of any Vehicle and an'/eqmpment, Evidence of such coverage, naming ibc Lessor as an ADDITIONAL INSURED for any (3) pursue any oth~ remedy, legal or equitable, which Lessor ma~ have against compensated by insurance in an amount equal to the monthly payment multiplied by the the paymenl under this Le~e to Bank. I~l the event that Lessor as~gnz its rights to Bank, to in this Lease, the Lt~sor may, but shall not be required to, make such paymenvs aad if it behalf of Le~sor and the Lessee vespectlvely, shall be binding on, and inure to the bereft It is expressly agn~d and understood ~at the Vehicle baa been ~ by Ihe ~ and th~ ft~ninine or ocular, and the singu~r ~ ~h~ll include tim phi~ that THE LESSOR MAKES NO WARRANTY, EITHER E3:I~.BSSED OR IMPLIED,Tb~ Lease shall be construed and enforced hi accordance with the lawa of~he state THEREOF, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR The section heading~ contained herein are insraed for commnience only, and shall not pURPOSE, or as to any patent or latent defectz in material, woflananship, or other,vise, control or affect the meaning or comlmetion of any of the provizJonz and no such defec~ or unEemesz shall in any way aff-e~ th~ obligations of~ Les~e to This ~ constiml~ the enthe agreement betweea the Lessor aad ~ and no other comply with the terms of this Lease: and that the only warcantiez applicable to any agreement in any way modifying any of lh~ terrea hereof will be binding upon the Lesz~ VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM B.3 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 20, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noo~ C'J,.-~ [] January6,2004 December l5, 2003 (Noon) [] March2,2004 Februaryl7,2004(Nol:~ [] 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 r~~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve a "piggy-back" of the CITY OF PALM BAY, BID #23-0-2002/GG to AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC. for WELL REHABILITION SERVICES with an estimated annual expenditure of $300,000.00. EXPLANATION: The City currently has twenty-seven (27) raw water production wells in service that requires regular maintenance, repair and rehabilitation to maintain our water supply. City employees provide routine maintenance to the wellS, and outside contractors provide repair and rehabilitation services. The current contract awarded by City Commission for the repair and rehabilitation will be expiring on February 19, 2004. In researching, Utilities Department found a bid to "piggy-back" awarded by the City of Palm Bay to Aquifer Maintenance and Performance Systems, Inc. that will provide approximately a twenty percent (20%) savings over our current contract prices. The contract term for this bid is effective June 6, 2002 with an initial period of twelve months and provision to extend for an additional four one (1) year renewals upon mutual agreement. The City of Palm Bay has exercised the first extension with an amended contract period of June 6, 2003 through June 5, 2004. The annual extensions allow for a bid pricing increase of 2~ %. PROGRAM IMPACT: The twenty (27) raw water production wells in service require continual repairs and maintenance by outside contractors. The scope of work includes: acidization, air scouring and development, screen and gravel replacement, pumps, motors, video surveying, etc. It is essential to have a contractor available to the City to perform these services, and this requested "piggy-back" would provide a contractor at a cost savings. FISCAL IMPACT: Funds are allocated in the FY2003/2004 Annual Budget as follows: Account Description Account Number Amount CIP-R&R Water 401-5000-590-96-02 ~O~ Deputy Director of Financial Services -,r- City Manager's Signature Procurement Services ~0o ^~- Department Name City Attorney / Finance / Human Resources cc: Bob Kenyon - Utilities Department Barb Conboy - Utilities Department s :~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC MEMORANDUM ~ Utilities #04-07 ~ ~ JAN 2 3 200 TO: Bi]] At.ns Proc~cm~t Sc~iccs ......... ~~ FROM: Bob Kenyon ~Xq~~ Deputy Utilities Director ~ DATE: J~u~ 22, 2004 SUBJECT: Pi~yback of City of Palm Bay Bid ff23-2002 for Well Rehabilitation S~ices Agenda It~ Thc City of Boynton Beach currently has 27 raw water production wells in service. These wells require regular maintenance, repairs and rehabilitation to maintain availability of our water supply. Routine maintenance is performed by city employees. Repairs and rehabilitation are accomplished through an outside contractor. The current contract was awarded by the City Commission February 19, 2002 and will expire February 19, 2004. Marine Engineering is the current contractor. We recommend piggybacking the City of Palm Bay bid with Aquifer Maintenance and Performance Systems (AMPS). This bid includes the services and equipment that we typically use and is approximately 20% less than our expiring bid. ' The scope of work includes services and equipment that includes: acidization, air scouring and development, screen and gravel replacement, pumps, motors, video surveying and more. Between now and August 1st, 2004 we plan on extensive maintenance and rehabilitation of wells 20E, 22E, 6E and 8E. This work is necessary to restore capacity and for compliance with our Water Use Permit. The bid with the City of Palm Bay is valid through June 5, 2004 and contains a renewal clause. We anticipate spending approximately $300,000.00 per year for this required well rehabilitation and maintenance. Funds are available in account # 401-5000-590-96-02 WTR075 and work will be assigned through purchase orders for each well. RK/plw Cc: Dale Sugerman John Reynolds Bob Kenyon Barb Conboy 1 - 1 2-20zl. 1 2-- S21:>M FROM AMPS, I NC. I r-,61 ~l.9z129~zl. P. 1 ii 7146 Haverhill Road · West Palm Beach. FL 33407 o 561-494-2844 January 12, 2004 City of Boyrtton. Beach 5469 West Boynton Beach Blvd. Boynton Beach, FL 33437 ,' Attn: Bob Kenyan R~. CITY OF PALM BAY cONTRACT #23-0-21}02 Aquifer Maintenance & Performance Systems, inc. (AMPS, Inc.) agrees to allow the City of Boynton Beach to piggyback our existing contract with the City of Palm Bay (.contract #23-0~2002) with 'the same ms, conditions, specifications & pricing. [. Ifym~ have any queb-'tiom about the above information or if we may bc of any f~her assismce please don't hesitate to call. Thank you. Sincerely~, !'. FOR YOUR TOTAL PUMP AND WELL FIELD NEEDS 7146 Haverhill Road · West Palm Beach, FL 33407 ° 561-494-2844 January 8, 2004 City of Boynton Beach 5469 W. Boynton Beach Blvd. Boynton Beach, FL 33437 Atto: John Reynolds Re: LINER REPLACEMENTS AMPS, Inc. appreciates the opportunity to submit the following proposal for removing & replacing the City's existing liners using the pricing from our current contract with Palm Bay Utilities for your review: 1) Mobilize 18 ton off road crane & equipment to ~ite 5 hours Line item I $ 922.50 2) Perform initial specific capacity test on well Line item 26 125.00 3) Pull pump,motor & equipment from well Line item 11 717.50 4) Perform initial downhole video survey on well with 360 degree articulating camera Line item 27 922.50 5) Perform blended acid treatment on well Line item 13 1,640.00 6) Jackhammer e~isting concrete pad & dispose of debris Line item 3 t 476.00 6) Set up, remove existing screen, standpipe & casing from well & rig down approximately 50 - 60 hours ($184.50/hour) Line item I 11,070.00 7) Remove grave[pack -from well, approximately 20 hours ($123/hour) Line item '14 2,460.'00 8) 40'x 12" Stainless steel screen ($160/foot) Line item 29 6,400.00 9) 165'x 12' PVC standpipe ($105/foot) Line item 29 17,325.00 10) Drill out & stabilize hole approximately 55' ($38.80/foot) Line item 28 2,134.00 11) Assemble screen & riser, set up & install 12'~ stainless steel screen & P. VC standpipe approximately 25 hours ($184.50/hour) Line item 1 4,612.50 12) Develop-well for approximately 50 hours ($123/honr) Line item 14 6,150.00 13) Set up & perform final flow test on well for approximately 8 hours ($125/hour) Line item 26 1,000,00 14) 1 - Crown model 8M-700-1 bronze submersible pump, 700 GPM ~ 100 TDH, 3450RPM** Lineitem29 4,910.90 15) 1 - 25 HP Franklin submersible motor 230/3 phase standard construction, subtrol equipped Line item 29 2,444.00 '- 16) t. - Brom~ 5" che~k valve Line.item 29 470;00 17) 125'- 5" Certa-lok drop pipe ($6.72/foot) Line item 29 840.00 18) 8 - 5" Certa-lok coupling assemblies ($19.40/eaCh) Line item 29 155.20 19) 2 - 5" Stainless steel certa-lok adaptors ($145.75/each) Line item 29 291.50 20) 135' - #8/3 Flat jacketed submersible cable with ground ($2,05/foot)** Line item 29 276.75 2 t).4 - 3 M Resin filled splice kits ($42,80/each) Line item 29 17 t.20 22) 135' - 3/i6' Stainless steel safety cable with stainless clamps ($1.44/foot)** Line item 29 194,40 FOR YOUR TOTAL PUMP AND WELL FIELD NEEDS 23) Fabricate custom submersible wdlhead with blind flange & couplings Line item 29 925.00 24) Perform fmat downhole video survey on well with 360 degree articulating camera Line item 27 922.50 25) Reinstall pump & equipment & hookup Line item 11 717.50 26) Perform post specific capacity test on well Line item 26 250.00 27) 1 -2'x3' Cement pad approximately 14 hours ($92.25/hour) Line item 3 1,291.50 28) Demobilize equipment & restore site Line item 1 850.00 29) Freight .charges not to exceed Line item 29 27.5.00 TOTAL: $ 71,940.45 **Setting to be deten~ aR~ If you have any questions about the above information or if we may be of any further assistance please don't hesitate to call. Thank you. Sincerely, Jim Murray President CITY OF PALMBAY FLORIDA 120 MALABAR ROAD SE, PALM BAY, FL 32907-3009 (321) 952-3400 INVITATION TO BID ITB #23-0-2002/GG Date: May 1, 2002 REQUESTING DEPARTMENT: City of Palm Bay Purchasing & Contracts Division 120 Malabar Rd., SE Palm Bay, FL 32907 YOU ARE INVITED TO BID PRICE AND DELIVERY ON THE FOLLOWING ITEM: WELL REHABILITION SERVICES SECTION 1 - BID INFORMATION 1.1 The City of Palm Bay (hereinafter referred to as "City") is requesting sealed bids for the purpose of obtaining Well Rehabilitation Services 1.2 BID DUE DATE &TIME: TUESDAY, May 21, 2002 AT 2:00 P.M. Bid packages shall be mailed or hand- delivered to the ~ffie~Purchasing & Contracts Di~, located at the CITY HALLi 1.20 Malabar Road SE, Palm Bay, FloriSt :Room 123. Bids ~e to .b.e"~[~eived NO LATER THAN 2:00 P.M. Bids will be opened at City Hall immediately after bid close. Bids received after the specified time and date will not be accepted. The City will not be responsible for mail delays, late or incorrect deliveries. The time/date stamp located in the Office of Purchasing & Contracts Division will be the official authority for determining late bids. 1.3 All bid sheets and required attachments must be executed and submitted in a sealed envelope. Bidder shall mark bid envelope, ITB# 23,0~2002/GG, well Rehabilitation Se~ces. Bidder's name and return address must be clearly identified on the outside of the envelope. 1.4 These documents constitute the complete set of terms and conditions, specification requirements, and bid forms. Any additional information should be attached to this bid format, or the bid may be disqualified. Bid Sheet(s) with an original signature, signed by an authorized company representative, must be submitted to validate the bid price. Well rehabilitation Services ITB # 23~0-2002/GG 1.5 Bidder shall submit three (3) complete sets (one (1) original (marked "ORIGINAL"), and two (2) copies) of their bid, complete with all supporting documentation. Bids submitted by facsimile (fax) or electronically will NOT be accepted. Submittal of a bid in response to this Invitation to Bid constitutes an offer by the Bidder. Bids, which do not comply with these requirements, may be rejected at the option of the City. It is the bidders responsibility to insure that Bid submittals are in accordance with all addendums issued. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such bidder from its terms and requirements. Addendums are available Online at http://www.demandstar.com. 1.6 Bids not submitted on the enclosed Bid Form shall be rejected, unless stated otherwise in the bid documents. If a Bidder wishes not to submit a bid, complete and return the "NO BID RESPONSE" form on page 11. 1.7 A "Check Sheet" is provided, page 15, to assist Bidders in submitting the required documentation for bid consideration. The check sheet does not relieve bidders of the responsibility of reading, understanding, and submitting any documentation that may be required elsewhere within this bid document. 1.8 "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor List." 1.9 INDEMNIFICATION STATEMENT - By submitting a bid document signed by an authorized agent of the contractor, bidder acknowledges and accepts the terms and conditions of the following Indemnification Statement in the event of contract award: For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, hold harmless and defend the City of Palm Bay, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the City of Palm Bay, its officers, officials, agents, officials representatives or employees or any other person(s) or business entity(is) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, subcontractor(s), representatives, servants, or employees in the execution, performance or non performance or failure to adequately perform contractor's obligations pursuant to this contract. 1.10 DISCRIMINATION STATEMENT: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.11 COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: The submission of this bid in response to the Invitation to Bid constitutes a contractual agreement, at the option of the awarded contractor, for the same prices, terms and conditions, to other govemmental agencies, political subdivisions, counties and cities. Each governmental agency desiring to accept this bid shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and shall be liable only for materials ordered and received by it, and no agency, political subdivision, county, or city assumes any liabilities by the use of this bid. 2 Well rehabilitation Services ITB # 23-0-2002/GG 1.12 PROTESTS: Any individual or firm who feels that they were adversely affected by the City of Palm Bay with respect to the award of any bid shall file, with the Purchasing Agent, a written notice of protest within seventy- two (72) hours after notice of consideration to award. The "Notice of Consideration To Award" for this bid shall be posted at least seventy-two (72) hours in advance of the award, on the bulletin board located in the main lobby of the City Hall building at 120 Malabar Road SE, Palm Bay, FL 32907. The City's procedures to resolve the protest are based on the City of Palm Bay Management Policy and Procedures, Section 22.7, City Purchasing, for Bid Protest Procedures. Copies of this document can be made available by contacting the Purchasing & Contracts Division. 1.13 RESPONDENT/RECOMMENDATION OF AWARD INFORMATION: The Notice of Award for Bids/Proposals, Bids/Proposals currently available, and Bid Tabulation sheets are Online. Web Page Address http://www.palmbayflorida.org, under the Purchasing Department and also at http://www.demandstar.com. Bidders, who do not have lntemet access, may request a copy of the bid tabulation by enclosing a stamped, self- addressed envelope with the bid response. SECTION 2 - SCOPE OF WORK 2.1 Production well rehabilitation is performed on an as needed basis. It is required that the Contractor contact the Water Treatment Plant for scheduling and site visits prior to starting work. 2.2 Scope of work for rehabilitation is to include: A. Mobilize and demobilize well and cleanup. B. Wellhead and pump removal, cleaning and reinstallation of existing or new. C. Specific capacity test (with existing pump) before and after rehabilitation. D. Well acidification - E.P.A./Well field protection approved chemicals. Contractor must submit a list of all chemicals and the process's to be used, in addition to MSDS sheets. All chemicals used shall be in accordance with all Federal, State and local guidelines and used per EPA directions. Disposal of containers shall not be permitted on site and must be disposed of in accordance with EPA guidelines. E. Well development and redevelopment F. Disinfection of well after rehabilitation. Contractor shall provide procedures for acid and chemical treatment to the well for approval, prior to the work being performed. G. Pump/Motor Retrieval. H. A copy of any well rehabilitation down hole video taping (both pre and post well rehabilitation) shall be provided to owner after each well rehabilitation. I. An estimate of entire well rehab/project shall be submitted before an issuance of a purchase order. 2.3 Chlorine Maintenance will be performed on an individual basis as determined by the monthly trend data available at the time, or as determined by the water plant chief operator. The chlorine is to be injected under pressure down into the well. 2.4 Flow Meter maintenance and calibration shall be performed by the contractor as determined by the utility. If it is determined that meter calibration is off, meter maintenance will be performed as needed. Contractor shall send meter to the manufacturer for calibration prior to reinstall. 2.5 Deep Well Pumps at the Wastewater Plant shall be pulled, inspected and basket strainers cleaned on a semi- annual basis or as deemed necessary by the utility Maintenance Supervisor. Well rehabilitation Services ITB # 23-0-2002/GG 2.6 Equipment - Equipment for R/O, well, and pump maintenance / emergencies shall be available within 24 hours of notification of any problem as determined by Utility Maintenance Supervisor. 2.7 The Contractor will submit a copy of the original invoice for any material purchases. This will include but not be limited to pumps, motors, valves, piping, and any ancillary material needed to accomplish the task. 2.8 Contractor will assist with any well / pump / motor maintenance within the Utility facilities as determined by the Maintenance Supervisor. This will include pulling pumps such as Voc, Clear well, R/O, and High service pumps. The contractor will also assist in pulling motors as needed, and assist in troubleshooting various problems with the system. 2.9 Work completion - all well rehabilitation/maintenance work shall be completed within 30 days of the start of the rehabilitation purchase order issuance unless an emergency situation arises as determined by Water Plant Chief Operator or Maintenance Supervisor. All required work should be performed or discontinued at the determination of the Water plant Chief Operator or Maintenance Supervisor 2.10 A quarterly report will be generated for each well specifying and graphing GPM, draw downs, static and annual report will also be required to show entire well performance for each calendar year. 2.11 Contractor is responsible for all necessary warning signs to be posted at work site. Contractor will also be responsible for the proper storage of all materials and restoration of site prior to leaving project. Maintenance supervisor will need to sign off that the restoration has been completed to the satisfaction of the owner. 2.12 The Utilities Water Treatment Plant laboratory will run all bacterial samples. 2.13 Contractor must communicate with Supervisor at the Water Treatment Plant Maintenance before project(s) begin to determine work schedule of each well. The contractor will also check in and out with the Maintenance Supervisor on a daily basis and provide a status report for the current projects 2.14 The City wishes to contract with a contractor that will be available to perform this work on an annual basis as needed. Schedule of Pricing list includes breakdown of each service required. Vendor is to submit unit price for each service and/or product. SECTION 3 - CONTRACT TERM 3.1 The initial contract period will begin as of the date on the Notice of Award and will continue for a twelve (12) month period thereaPter. The contract agreement may be renewed for an additional four (4), twelve (12) month period, not to exceed a total of five (5) years and is contingent upon annual funding availability. The contractor will provide the percent of increase for items 1 through 28 for year 2,3,4 and 5 on Bid sheet number 2. 3.2. This agreement may be terminated at any time by either party. A thirty (30) day written notice to the other party will be required. 3.3 The bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items bid upon. Any deviation from specifications hsted herein must be clearly indicated, otherwise it will be considered that items offered are in strict compliance with these specifications, The successful bidder will be held responsible therefore; deviations must be explained in detail on an attached sheet(s) and itemized by number. Any item(s) that does not meet City specifications upon delivery will not be accepted and if the item cannot be brought up to specifications in a 4 Well rehabilitation Services ITB # 23-0-2002/GG reasonable time, the bidder will be required to compensate the City for the difference in price entailed m going to the next qualified bidder. SECTION 4 - STANDARD OPERATING PROCEDURES (SOP'S) 4.1 The contractor shall provide SOPS for the following processes: a. Well Acidification b. Well Disinfections c. Well Redevelopment and well development- Also include what redevelopment process and techniques currently used in well rehabilitation, i.e., air development, chemical addition, etc. These may or may not be used depending on the needs of each individual well. (SOP's shall be provided for each individual process). d. Well Reconstruct Process - This process includes screen removal, cleaning out borehole, screen installation, gravel pack installation etc.. e. Well Drilling f. Down hole and 360 degree video survey g. Chemical treatment h. Well abandonment i. Wellhead/pump removal, cleaning and reinstall j. Specific Capacity test k. Chemical disinfection of well after rehabilitation 1. Chlorine Maintenance of wells m. Airlift well n. Well drilling SECTION 5 - BIDDER QUALIFICATIONS A. Bidder must provide Qualifications and current certifications in the following areas: 5.1 Minimum 10 years experience in commercial/industrial well drilling, rehabilitation, and troubleshooting various well water system problems. 5.2 Certification in the application, installation and service and repair of water specialties propeller, turbine and ultra mag meters. 5.3 Certification in submersible motor application, installation and maintenance 5.4 Certified welder 5.5 State of Florida Water Well Contractors license SECTION 6 - WARRANTY 6.1 The product shall have manufacture's warranty against defective material, workmanship and failure to perform in accordance with required performance criteria. 6.2 Bidders shall provide all warranty information with bid submittal. 6.3 All equipment supplied shall contain complete maintenance instructions. SECTION 7 - QUANTITIES: 7.1 The City reserves the fight to increase or decrease total quantities as required. A minimum is not guaranteed. SECTION 8 - INVOICES: 5 Well rehabilitation Services ITB # 23-0-2002/GG 8.1 Invoices for payment shall be sent to the Accounts Payable Dept., City of Palm Bay, 120 Malabar Road SE, Palm Bay, FL 32907. SECTION 9- INFORMATION: 9.1 Questions concerning the Bid or for further information, please contact Gary Garrison, Purchasing Contract Administrator at (321) 952-3424. 9.2 No interpretation or change to the meaning of the Invitation to Bid will be made to any Bidder orally, except by written addendum. 9.3 Bid information is also available on the City's Homepage at www.palmbayflorida.org. Well rehabilitation Services ITB # 23-0-2002/GG WELL REHABITITATION SERVICES BID SHEET NO. 1 OF 3 ITB# 23-0-2002 TASK NO. UNIT DESCRIPTION OF TASK BID PRICE I Per hour Well Service Rig $ 2 Per hour Pump Service Rig $ 3 Per hour Cement work or demolition $ ~C)~ 4 Per hour On Site Welding Unit $ .~. 5 Per hour Machine Shop Welding $ ~- 6 Per hour Pump/Well technician $ 7 Per video Down hole video surveys- ~:~ ¢.~,~ $ ~(~)~' 8 Per hour Chemical Treatment $ 9 Per hour Well abandonment $ 10 Per well Mobilize, demobilize & cleanup $ ~3,~)~ 11 Per well Wellhead/pump removal, cleaning and reinstall 12 Per hour Specific Capacity test, Before and after rehabilitation $ 13 Per well Well Acidification/EPA $ ~,~ 14 Per hour Well Development and Redevelopment $ 15 Per hour Chemical disinfection of well after rehabilitation $ 16 Per hour Pump Motor Retrieval $ 17 Per hour Miscellaneous work as needed, normal business hours $ ~).13 Submitted by: Authorized Signature Well rehabilitation Services ITB ~ 23-0-2002/GG WELL REHABITITATION SERVICES BID SHEET NO. 2 OF 3 ITB# 23-0-2002 TASK NO. UNIT DESCRIPTION OF TASK BID PRICE 18 Per hour Miscellaneous work as needed, non normal business $ 19 Per well Chlorine Maintenance of Wells $ 20 Per hour Flow Meter Maintenance and Calibration $ (~,~a' 21 Per hour Deep well Pump Maintenance $ 22 Per hour Well/Pump/Motor maintenance $ 23 Per Report Quarterly well monitoring reports $ 24 Per hour Raw water disposal $ ~)~ 25 Per hour Airlift well $ 26 Per hour Pump test $ 27 Per Video 360 Degree Video $ 28 Per Foot Well Drill $ ~.~ 29 Percent Percent of Mark up for parts supplied and installed TOTAL COST (LINE 1 THROUGH LINE 28) $ CONTRACTOR MUST BID ON ALL ITEMS PERCENTAGE INCREASE: year2 ~li/. year3 2'12 yearn ~.~Z years5 LIST OF CHEMICALS TO BE USED DURING THE, VARIOUS PROCESSES: Well rehabilitation Services ITB # 23-0-2002/GG Submitted by: Authorized Signature WELL REIIABITITATION SERVICES BID Sl~EET NO. 3 OF 3 ITB# 23-0-2002 In submitting this Bid, Bidder represents as more fully set forth in the agreement, that Bidder has examined copies of all the contract Documents and of the following Addenda: Numb er D ate Numb er D ate Submitted by: _~~orized Signature Printed Name' 8~ Title Company Telephone Date Well rehabilitation Services ITB # 23-0-2002/GG IDENTICAL TIE BIDS In accordance with Section 287.087, of the Florida State Statutes, preference shall bc give to businesses with drug-free workplace programs. Whenever two or more bids, which arc equal with respect to price, quality, and service, arc received by thc State or any political subdivision for thc procurement of commodities or contractual services, a bid received from a business that certifies that has completed a drug-free workplace program shall be given preference in thc award process. Established procedure for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that thc unlawful manufacture, distribution, dispensing, possession, or usc of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibitions. 2) Inform employees about thc dangers of drag abuse in thc workplace, thc busincss's policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and thc penalties that may bc imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing thc commodities or contractual services that arc under bid a copy of thc statement 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893, Florida Statutes or of any controlled substance law(s) of the United States or any state, than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a dmg-fi-ee workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AUTHORIZED SIGNATURE DATE 10 CITY OF PALM BAY AMENDMENT TO PURCHASE AGREEMENT BID/CONTRACT # 23-2002 This amendment to the Purchase Agreement for Well Rehabilitation Services is made and entered into as of March 18, 2003, by and between the City of Palm Bay and Aquifer Maintenance & Performance Systems Inc.. The Agreement entered into on June 6, 2002 as to term, is hereby amended to renewthe term of the Agreement for twelve (12) additional months, at the rate of 2.5% on each item per the bid sheets, commencing June 6, 2003 and terminating on June 5, 2004. (Second year of an optional 5-year agreement). In the event this contract term is not the same as the fiscal year end (10/1/02 - 9/30/03), renewal of this agreement is subject to any required City Council approval or ratification and appropriation of funds necessary to make payment to successful bidder. You are required to submit your updated insurance certificates naming the City of Palm Bay as the other insured. These certificates are required to be returned with your acceptance of this notice. The parties hereto execute this Amendment to become effective as of the date and year first above written. CITY OF PALM BAY COMPANY NAME: 120 Malabar Road, SE Palm Bay, FL 32907 Aquifer Maintenance & Performance Systems Inc. Bobbye Marsala, C.P.M. By: Purchasing Manager ~ Name/Title Signature~ ' Date (~[g~tu CITY OF PA_ C M B AY FLORIDA 120 MALABAR ROAD, S.E · PALM BAY. FLORIDA 32907-3009 · (321) 952-3400 Visit our website at: http://wwvv, palmbayflorida.org June 25,2002 Aquifer Maintenance & Performance Systems, Inc. Mr. Jim Murray, President 7146 Haverhill Road West Palm Beach, FL 33407 RE: City of Palm Bay Bid #23-0-2002 Well Rehabilitation Services Dear Mr. Murray: The City of Palm Bay City Council on June 6, 2002, awarded the above referenced bid to your company in full accordance with the terms, conditions and specifications as stipulated in the bid/proposal document. Please sign below as acceptance of this Notice of Award and return it to the City of Palm Bay Purchasing & Contracts Division, 120 Malabar Road, SE, Palm Bay, FL 32907. Two odginal copies have been provided; please keep one copy for your file. Deliveries or contractual performance shall not commence until authorization is given by issuance of a Purchase Order either verbally and confirmed in wdting or by receipt of a Purchase Order document. You are required to submit your updated insurance certificates naming the City of Palm Bay as the other insured. These certificates are required to be returned with your acceptance of this notice. We appreciate your interest in the City of Palm Bay and look forward to future contact with your company. Sincerely, CITY OF PALM BAY Aquifer Maintenance & Performance ~0 b }D~;L ~'~~::~. Systems, Inc. Bobbye Marsala, C.P.M Bye.' ~ (p~dd~~ Manager, Purchasing & Contracts Division ~i~~{~111~ ' ~.VA "PROGRESS THROUGH PARTNERSHIP' Well rehabilitation Services ITB # 23-0-2002/GG STANDARD INSURANCE REQUIREMENTS The Certificate of insurance should be made to the City of Palm Bay, 120 Malabar Rd. SE, Palm Bay FL 32907 and should reference the operation. Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Palm Bay. The Risk Manager prior to the commencement of any work shall approve all Certificates of insurance. Minimum coverage with limits and provisions are as follows: A. Commercial General Liability: The contractor shall provide minimum limits of $1,000,000.00 each occurrence, $1,000,000.00 annual aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, independent contractors, products, completed operations, broad form property damage, personal and advertising injury, and contractual liability, specifically confn-ming and insuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Palm Bay and shall name the City of Palm Bay as an additional insured. The pohcy of insurance shall be written on an "occurrence" form. B. Automobile: Contractor shall provide minimum limits of liability of $1,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for: · Owned Automobiles · Hired Automobiles · Non-Owned Automobiles C. Umbrella/Excess Liability: Contractor shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability, Employers Liability. D. Workers' Compensation: The contractor shall provide and maintain workers' compensation insurance for all employees in the full mount required by statute and full compliance with the applicable laws of the State of Florida. Said policy must include Employers' Liability insurance with limits of no less than: · Each Accident $100,000.00 · Disease - Policy Limit $ 500,000.00 · Disease - Each Employee $100,000.00 Contractor shall further insure that all of its sub-contractors maintain appropriate levels of workers' compensation insurance. E. Other Insurance Provisions: The City of Palm Bay is to be specifically included on all certificates of insurance (with exception to Workers Compensation) as additional insured. All certificates must be received prior to commencement of service/work. In the event-the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior o said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Deductible Clause - Contractor to declare self-insured retention or deductible amounts. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. 12 Well rehabilitation Services ITB # 23-0-2002/GG STANDARD TERMS AND CONDITIONS QUALITY - Any manufacturer's name, trade name, brand name or catalog establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand, which meets or exceeds the quality of the specifications. F.O.B. POINT - Products are to be shipped F.O.B. to the department and address as identified on Purchase Orders. INVOICES - Invoices should be sent in duplicate to the City of Palm Bay, Accounts Payable, 120 Malabar Road SE, Florida, 32907-3009. It is understood and agreed that orders and services shall be shipped and performed at the established contract prices. Invoicing in variance with this will subject the contract to cancellation. INFORMATION AND LITERATURE - Bidders are to furnish all information and literature requested. Failure to do so may be cause for rejection. TIME FOR CONSIDERATIONS - Bids will be irrevocable after the time and date set for the opening of bids and for a period of ninety (90) days thereafter. ACCEPTANCE AND REJECTION - The City reserves the right to accept or reject any and all bids, and to accept the bid which best serves the interest of the City of Palm Bay. The City may award sections individually or collectively whichever is in its best interest, unless the bidder only intends to bid for the contract in its entirety. NON-DISCRIMINATION - The successful bidder will comply with all federal and state requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap. DEVIATION FROM SPECIFICATION - Any deviation from specifications must be clearly stated and explained in detail. Otherwise items offered are expected to be in strict compliance with specifications and the successful bidder shall be held accordingly. SAFETY STANDARDS - Items furnished shall meet all requirements for The Occupational Safety and Health Act (OSHA), federal, state and local requirements of appropriate safety standard organizations. SAMPLES - When requested, samples must be furnished as called for, free of expense to the City. Bidder's request for return of samples must be in writing with submission of their samples. Return shipping costs will be the responsibility of the bidder. Each sample shall be labeled individually with the bidder's name and address. CANCELLATIONS - This contract shall remain in effect at least mnety (90) days from effective date. After this period, this contract may be canceled in whole or in part by either party upon thirty (30) days written notice to the other party. AWARD - Award shall be made to the responsive and responsible bidder whose bid is most economical according to the criteria designated in the solicitation. ASSIGNMENT - Neither the contract nor payment due may be assigned except with prior approval of the Purchasing Department of the City of Palm Bay. PATENTS AND COPYRIGHTS - The contractor agrees to hold harmless the City of Palm Bay, its officers, agents and employees from liability of any kind, including cost and expenses, with respect to any claim, action, cost or judgement for patent or copyright infringements. CONFLICT OF INTEREST - The bidder certifies that this bid has not been arrived at collusively or otherwise in violation of federal, state or local laws. INFORMALITIES - The City of Palm Bay reserves the right to waive any informality in bids. TAX EXEMPTIONS - The City of Palm Bay is tax exempt. Our tax-exempt number is 15-16-049825-54C. 13 Well rehabilitation Services ITB # 23-0-2002/GG PRICING - If a unit price, when extended, is obviously in error, the incorrect extended price will be disregarded. TRAINING - Unless otherwise specified, supplier(s) may be required, at the convenience of and at no expense to the City, to provide training to City employees in the operation and maintenance of any item(s) from the bid. INTERPRETATIONS - Any questions concerning conditions and specifications shall be directed to the designated buyer. Those interpretations, which may affect the eventual outcome of this bid, will be furnished in writing to all prospective bidders. No interpretation shall be considered binding unless provided in writing by the City of Palm Bay. WARRANTY - The bidder agrees that, unless otherwise specified, the supplies and/or services furnished under this bid/proposal shall be covered by the most favorable commercial warranty the bidder gives to any customer for comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City of Palm Bay by any other provisions of this bid. 14 VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.1 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 [] December2, 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 Vo r~c::~ NATURE OF [] Announcement [] New Business o~ :~..< AGENDA ITEM [] City Manager's Report [] Presentation :~: ~ [] Consent Agenda [] Public Hearing .t:- [] Code compliance/Legal Settlements [] Unfinished Business ~:~ ~ RECOMMENDATION: Motion to approve by Resolution, funding for an additional $50,000 to be utilized in conjunction with $130,000 appropriated in the 2003/2004 budget and $100,000 fi.om the South Florida Water Management District Alternate Supply Program Matching Grant, Phase II Reuse Expansion. EXPLANATION: The proposed construction will improve instrumentation and control of the existing reuse plant capacity. The improvements will also allow plant staff to add chlorine to the reuse product when stored on site to insure we are delivering a quality product to our reuse customers. PROGRAM IMPACT: Better quality assurance and control of the reuse product before it is distributed to our expanding reuse customer base. FISCAL IMPACT: Funding is available in account number 401-5000-590-96-05, REG027, for the $50,000 associated with our share of this project. S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: No alternatives are available. This supports SCRWTDB Board action on January 15, 2004. Department Heaci~ Signature ~ity Manager's Signature Utilities Department (~~Z. t a~/~/-~ Department Name ] City At~ / finance / Human Resources cc: Mark Law Barb Conboy S:kBULLETIN~ORMS'u~GENDA 1TEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING AN ADDITIONAL $100,000 FUNDING TO BE UTILIZED IN CONJUCTION WITH PHASE II REUSE EXPANSION, TO BE DIVIDED EQUALLY BETWEEN THE CITIES OF BOYNTON BEACH AND DELRAY BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 15, 2004, the South Central Regional Wastewater Treatment Board (SCRWTDB) approved authorization to appropriate and expend an $100,000 from Cities' Utility Budgets ($50,000 from the City of Boynton Beach $50,000 from the City of Delray Beach, to be utilized in conjunction with $130,000 in the 2003/04 Budget and $100,00 from the South Florida Water Management Alternate Supply Program Matching Grant (Phase II Reuse expansion for Contractor Risk Task Order #C101); and WHEREAS, the proposed construction will improve instrumentation and control of existing reuse plan capacity and the improvements will allow plant staff to add chlorine to reuse product when stored on site to insure delivery of a quality product to reuse ; WHEREAS, upon recommendation of staff, it is deemed appropriate by the City of the City of Boynton Beach to approve funding for the additional $100,000 to utilized in conjunction with $130,000 appropriated in the 2003/04 budget, and $100,000 the South Florida Water Management District Alternate Supply Program Matching Phase 1I Reuse Expansion to be divided equally between the City of Boynton Beach City of Delray Beach, in the amount of $50,000 each. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida, does funding for an additional $100,000 to be utilized in conjunction with $130,000 in the 2003/04 budget, and $100,000 from the South Florida Water Management Alternate Supply Program Matching Grant, Phase II Reuse Expansion to be divided between the City of Boynton Beach and the City of Delray Beach, in the amount of Section 2. This Resolution shall take effect immediately upon passage. ;:\CA\RESO'~Agreements\SCRWTD- reuse water storage tank - addtional funding 020604.doc PASSED AND ADOPTED this __ day of February, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\C^\RESO~Agreements\SCRWTD- reuse water storage tank - addtional funding 020604.doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ROBERT J. HAGEL ~~ Telephone Executive Director ~ (561) 272-7061 (561) 734-2577 RECEIVED ~x: (561)265-2357 E-mail: scrwwtp@ix.netcom.com JAN 2 I] 211011 e0Ytfll)NOS~/LI11ES ~ E ~ o R A ~ O V ~ TO: Richard Hasko, Utility pi~rector, City of Delray Beach Mark Law, Deput~ Boynton Beach FROM: Robert J. Hagel DATE: January 16, 2004 RE: PHASE II REUSE EXPANSION WHEREAS, The South Central Regional Wastewater Treatment and Disposal Board did on January 15, 2004, by a vote of 8-0, approve Authorization to Appropriate and Expend an additional $100,000. from Cities' Utility Budget ($50,000. from each City) to be utilized in conjunction with $130,000. appropriated in 2003/2004 Budget and $100,000. from the South Florida Water Management District Alternate Supply Program Matching Grant (Phase II Reuse expansion for Contractor at Risk Task Order #C101). WHEREAS, said Board action requires a Resolution by the City of Boynton Beach and the city of Delray Beach, Please draft a Resolution to be placed on the Agenda for your next Commission meeting and return signed Resolution to us. If you have any questions, please contact me. F:\docs\RATIFICATION\resol reuse expan.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM C. 2 AGENDA ITEM REQUEST FL_ 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, 2004 (Noon) [] March 16,2004 March 1, 2004 (Noon) [] Administrative [] Legal co r~ cz> 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 approve and execute by Resolution Task Order #U04-15-1 with Utilities General Engineering Consultants Metcalf & Eddy, Inc. in an amount not to exceed $53,848.00 for engineering services for the preparation of the Utilities Department Emergency Response Plan (ERP) to comply with requirements of the United States Environmental Protection Agency (EPA). EXPLANATION: The Emergency Response Plan (ERP) will serve as a primary tool to enable utility personnel to respond swiftly and effectively to a variety of crisis or emergency situations. The utility will lower its vulnerability or risk associated with malevolent acts by having an up-to-date plan that defines the roles and responsibilities of the staff involved with the response and mitigation, and recovery from emergency situations. The City's Vulnerability Assessment (VA) identified the primary risks associated with our water system. The ERP will address the recommendations from the VA. The objective of the ERP is to develop a program for rapid, effective response to and recovery from an event, thereby reducing the negative impacts on water system operations and on the health and safety of the city's personnel, customers, and the public at large. PROGRAM IMPACT: This Task Order will make recommendations to improve and better protect our facilities, and to respond swiftly and effectively to a variety of emergencies. FISCAL IMPACT: The cost of this Task order is $53,848.00. Funds are available in Utilities General Reserves Account//401-5000-590-96-10 WTR 113. S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Realistically none, due to the deadline approaching for the completion of the Emergency Response Plan. The depth of detail needed will be cumbersome for staff even with the use of a consultant. We chose Metcalf & Eddy for this task because of their expertise and their familiarity with our system, our vulnerability assessment, and our needs as a utility. This plan will be comprehensive and thorough and will meet all EPA requirements. p Head's {lignamre ' ~2[t~ Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLET1NLFORMSL~GENDA ITEM REQUEST FORM.DOC Memorandum Utilities Department To: Dale Sugerman, Assistant City Manager From: Mark Bobich, Environmental Coordinator & Safety Official r/,'~ Date: January 27, 2004 Subject: Emergency Response Plan Requirements Following the events of September 11, 2001 the Environmental Protection Agency (EPA) established a committment to improve the safety and security of the nation's water supply. The Public Health, Security, and Bioterrorism Preparedness and Response Act ("Bioterrorism Act') was signed into law in June of 2002, and includes provisions to help safeguard the nation's ddnking water supply against terrorist and other intentional acts. The legislation requires drinking water systems to complete a Vulnerability Assessment (VA) and prepare an Emergency Response Plan (ERP) within deadlines based upon population served. The City of Boynton Beach serves approximately 90,000 people, and our VA was submitted to EPA December 30, 2003. Six months after completion of the VA, an Emergency Response Plan (ERP) must be prepared, which details the course of action to be taken in the event of various man-made or natural emergencies. Our deadline to prepare our ERP is June 30, 2004. We must move forward immediately to comply with these requirements. We will look at our entire utility system, including our wastewater collection and pumping components, as these are also vulnerable to loss of service from the intentional actions of others. The City's VA identified the primary risks associated with our utility systems. The ERP will address the recommendations of the VA. The objective of the ERP is to develop a program for rapid, effective response to and recovery from an event, thereby reducing the negative impacts on our utilities operations, and on the health and safety of the department's personnel, customers, and the public at large. This comprehensive and thorough ERP will address a wide variety of emergencies (both natural and man-made), identify key individuals (City and others) and their responsibilities, and meet all EPA requirements. Components of the plan will include emergency response planning, proper agency and public notification, emergency operations plans, and preparedness training programs to address the various types of emergencies. Metcalf & Eddy, Inc. (M&E) has provided us with Task Order #U04-15-1 to address our ERP requirements. M&E stood out among our consultants because of their experience with other Florida utility system VA's and ERP's, and their familiarity with our system, our vulnerability assessment, and our needs as a utility. 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF A TASK 5 ORDER NO.U04-15-1 FOR METCAI.F & EDDY, IN 6 THE AMOUNT OF $53,848 FOR ENGINEERING 7 SERVICES FOR THE PREPARATION OF THE 8 UTILITIES DEPARTMENT EMERGENCY RESPONSE 9 PLAN (ERP) TO COMPLY WITH REQUIREMENTS OF 10 THE UNITED STATES ENVIRONMENTAL 11 PROTECTION AGENCY (EPA); AND PROVIDING AN 12 EFFECTIVE DATE. 14 WHEREAS, the Emergency Response Plan (ERP) will serve as a primary tool to 15 utility personnel to respond swiftly and effectively to a variety of crises or 16 situations; and 17 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 18 and in the best interests of the public, to approve Task Order No. U04-15-1 19 Metcalf & Eddy in the amount of $53,848, engineering services for the preparation of 20 Utilities Department Emergency Response Plan )ERP) to comply with requirements 21 the United States Environmental Protection Agency (EPA); 22 Now, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The City Commission of the City of Boynton Beach, Florida does 25 authorize and direct execution of Task Order No. U04-15-1 for Metcalf & Eddy, 26 in the amount of $53,848.00. 27 Section 2. This Resolution shall become effective immediately upon passage. 28 ;:\CA\RESO~Agreements\Task - Change Orders\Task Order - Metcalf & Eddy 020604.doc 1 PASSED AND ADOPTED this __ day of February, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 17 18 Commissioner 2O 21 Clerk 22 2;3 e Order - Metcaff & Eddy - Change Orders\Task Order ~ Metcalf & Eddy 020604.doc TASK ORDER U04-15-01 JanUary 20, 2004 FEE PROPOSAL AND SCOPE OF SERVICES CITY OF BOYNTON BEACH EMERGENCY RESPONSE PLAN A..Background This scope of services to provide for preparation of a comprehensive emergency response plan (ERP) for the potable water supply, treatment, and distribution system the City of Boynton Beach Utilities Department. The emergency response plan will serve as a primary tool to enable Utility personnel to respond swiftly and effectively to a variety of crisis or emergency situations. The Utility will lower its vulnerability or risk associated with malevolent acts by having an up-to- date plan that defines the roles and responsibilities of the staff involved with the response and mitigation of emergency situation consequences. The City's Vulnerability Assessment (VA) identified the primary risks associated with their water system. The emergency response plan will address the recommendations from the VA. The objective of the emergency response plan is to develop a program for rapid, effective response to and recovery from an event, thereby reducing the negative' impacts on water system operations and on the health and safety of the Department's personnel, customers, and the public at large. The ERP is intended to meet the EPA requirements under Section 1433(b) of the Safe Water Drinking Act as amended by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188, Title IV - Drinking Water Security and Safety). The ERP is due to the EPA within six months of the submittal of the vulnerability assessment. The submittal date for the VA Was December 30, 2003.. B, Scope Of Services 1.0 Project Management 1.1 Management Project Management activities comprise contract administration, coordination of project staff, monitoring of progress and project costs during the project. 1.2 Project Meetings M&E will attend up to three meetings with rePresentatives of the City as part of this project, as follows: a. ERP kickoffmeeting, b. One Emergency Action Plan and ERP progress meeting, and c. Review meeting with the City to discuss comments on the draft rePort. M&E will prePare a brief agenda priorto each meeting. However, meeting minutes will not be taken. 2.0 Emergency Response Planning Prior to SePtember 11, 2001, emergency response/contingency plans and procedures were typically aimed at response to service disruption due to natural causes such as flooding or to physical (acCidental) damages, such as power outages or main breaks, with little or no emphasis on malevolent acts. On June 12, 2002, the Public Health Security and Bioterrorism PreParedness and Response Act of 2002 was enacted. The Bioterrorism Act requires security vulnerability assessments and emergency response plans to address response, recovery, and remediation actions for man-made and/or technological emergencies. This new emergency response plan will address emergencies caused by a breach of high priority risks to the water system identified in Utility's Vulnerability Assessment. Emergency response planning begins with a review and assessment of existing Utility documents and programs related to emergency response including the chlorine risk management plan, other related plans, and HazMat programs. M&E will meet with Utility staff to discuss and assess existing emergency response strategies and to develop goals and objectives for the new emergency response plan. Established policies and procedures contained in existing plans will be used to the maximum extent while incorporating recommendations for new measures. A strategy for Utility's periodic assessment and updating of the emergency response plan will be presented. The feedback obtained during training sessions and field exercises should be incorporated into the emergency response plan procedures as "lessons learned." 2 The emergency response plan should be updated after a major incident or at least annually. Contact lists may require more frequent updates. 3.0 Agency Notification Plan The agency notification plan establishes procedures that the Utility Department should follow to provide formal notice to local, state, and federal government agencies based on the character of the incident. Agency notification will be performed in parallel with other notification actions. The notification plan will provide for swift and accurate communications with agencies based on the nature and extent of the emergency situation. A protocol for immediate, secondary, and follow-on notifications will be defined, and forms and checklists to implement and document actions will be developed, For example, key contacts will be identified for key local, state, and 'federal agencies: · Local: Local law enforcement, Fire, Emergency Medical Services, Public Works, and Local Emergency Planning Committee · State: State Environmental Protection Department, State Homeland Security, State Emergency Management Agency, and State Bureau of Investigation · Federal: US Environmental Protection Agency, Federal Emergency Management Agency, and Federal Bureau of Investigation In the event of a man-made/terrorist attack, the local law enforcement department will immediately be notified. Since an intentional act to disrupt the operations of a water utility or to otherwise jeopardize public health is a criminal act, additional notifications will include the local FBI field office and other entities that may not normally be contacted in response to a natural disaster or emergency. The agency notification and coordination effort will identify which additional'emergency response and management agencies (Emergency Medical Services, the community emergency management organization, and state agencies) that n.eed.to be notified. 4.0 Public Notification Plan The public notification plan will describe actions that the Utility Department should follow to provide notice to the public and local news media of system impairment or failure incidents causing water quality or quantity problems. Procedures will be presented for notifications during and after normal business hours. Modifying current public notification procedures requires dose interaction and coordination with Utility staff so that responsibilities and procedures are clearly defined. A protocol for internal notification and authorization before public notifications will be established. Lists of telephone and facsimile numbers of key Utility personnel and local news media will be developed. 3 5.0 Water Quality Monitoring Plan The water quality monitoring plan will layout sampling and testing guidelines for water quality monitoring in the event of a threat or actual contamination incident. Monitoring should continue until successful recovery actiOns are verified and the system resumes normal operation. Sampling requirements (quantity, type of sample container, environmental controls, type of sample, and locations) will vary depending on the properties of the contaminant and where it is introduced into the system. When an incident is suspected or confirmed to be the result of an intentional act to disrupt the water system operations or to jeopardize public health, law enforcement officials may require additional samples for evidence preservation. ~ The monitoring plan will describe distribution system sampling, chainrof-custody, and support laboratory services. During the emergency response planning process, locations for potential contamination incident monitoring will be identified, mapped, and assigned identification numbers. Access to each site should be field verified. The monitoring plan will describe: Source Water Sampling · Distribution System Sampling · Chain-of Custody · Support Laboratory Services Initial response priority will go to review of data from established monitoring points for variances fi.om benchmark data. This analysis will suggest locations to focus additional sampling and if needed, the addition of secondary monitoring stations. Water customers monitoring water quality will be included in the process. During recovery operations, the sampling data will serve as the basis for isolating portions of the water distribution system. 6.0 Emergency Operations Plan The emergency operations Plan Will describe general and specific procedures that the Utilities Department can implement to improve its ability to detect failures or malevolent acts and direct a rapid response for priorities identified in the Utilities Department Vulnerability Assessment. The emergency operations plan will delineate who within the Utility is responsible for incident response and management. The response administration system will identify specific individual roles and responsibilities for decision-making, logistics, operations, incident response Control, and finance. The structure will be based on the Incident Command System, or other similar system that is compatible with the systems used by local emergency organizations, such as the fire and local law enforcement departments. 4 Recommendations for preset arrangements for emergency assistance will be included. Mechanisms for on-call agreements with contractors, equipment suppliers, and others for emergency assistance will be examined. Likewise, mutual aid agreements with local and regional agencies will be assessed. Emergency action plans will be developed to outline procedures to be implemented to detect and verify failures or malevolent acts and to Provide effective response, recovery, and remediation actions. Tables, checklists, and schematics will be used to show key event based procedures. Where practical, existing and new emergency policies and procedures will be included along with the location of key reference documents. In the event of an incident, the fundamental emergency action steps are to: Identify the type and assess the severity of the incident · Perform emergency measures to protect health and safety · Implement environmental protection measures · Perform emergency repairs · Restore system to operation · Evaluate emergency response planning · Revise emergency response plan, as needed Emergency action plans will be developed for: · Contamination: East Water Treatment Plant, West Water Treatment Plant, Booster Stations, Wellfields as a group. One EAP will be developed for Contamination. · Damage and Destruction: East Water Treatment Plant, West Water Treatment Plant, Booster Stations, Wellfieldsas a group. One EAP will be developed for Damage and Destruction. · Bomb Threat · Threat Condition · Suspicious mail handling and reporting · Hazardous chemical spill/release response (including Material Safety Data Sheets) - to be included as existing City information · Hurricane and tornado response - to be included as existing City information · Fire response - to be included as existing City information Selected incidents will be assessed for potential impact on water system operations and public safety to identify the minimum actions for response, recovery, and remediatiOn for each element of the water system. Some action plan procedures may be applied for a variety of natural or man-made incidents. 7.0 Preparedness Training Program The preparedness training program describes actions that the Utilities Department may take to train its employees, as well as employees of other local departments, contractors, 5 and other response agencies, for timely implementation of the ERP. Staff and responder safety will be addressed. A training program to cover a range of possible events will be formulated. Outline lesson plans and other instructional material for training sessions by appropriate Utility personnel will be prepared. (Although not part of this task, actual training and emergency exercises conducted on a regular basis are critical to the successful implementation of the emergency response plan. An optional task is presented at the end of this proposal.) 8.0 Report Preparation The Emergency Response Plan will be a consolidated document addressing overall actions for preparation and response to a water system incident. Attention will be directed to plans for agency notification, public notification, water quality monitoring, emergency oPerations and action plans, and preparedness training. Deliverables for the proposed work are: · Draft Agency Notification Plan · DraR Public Notification Plan · - Draft Water Quality Monitoring Plan · Draft Emergency Operations Plan Draft Emergency Action Plans · Draft Preparedness Training Plan · Draft Emergency Response Plan · Final Emergency Response Plan The individual section plans will be submitted in draft form only via secured e-mail. The Utilities Department is requested to communicate any comments or desired revisions promptly and consensus must be reached on a variety of interaction issues in the planning process. Comments and intended revisions to the sectiOn drafts will be documented and will be discussed at progress meetings. The final report will be provided in draft form for review and comment by the Utilities Department. Since the document may contain sensitive information concerning the water system's vulnerabilities and emergency response plans, M&E recommends that the report be closely protected and access to its contents be restricted to incident responders. Included in this task is M&E QA/QC of the document. Project Team The project team will be led by Mr. Alejandro Toro, P.E. who will act as principal-in- charge. M&E's project manager will be Mr. Jim Penkosky, P.E. M&E's National Leader .. for emergency responSe planning, Mr. Bob Corbitt, P.E., will assist the project team. 6 C. Assumptions 1. The City will provide assistance as described herein. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Consultant Agreement, Two-Year General Consulting and Engineering Contract dated November 18, 2003 between the City of Boynton Beach and Metcalf & Eddy. E. Obligations of the City. 1. The City shall provide M&E in a timely manner, record data and informatiOn related to the project as necessary for the performance of the services specified herein. 2. The City shall review all documents presented by M&E; obtain advice of an attorney, insurance counselor, and other as City deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of M&E. F. Compensation M&E proposes to perform all tasks outlined above for a lump sum amount of $53,848. A cost estimate presenting a breakdown of fees and hours per'task is included as Attachment 1. The fees are summarized below: Labor Labor ~ Task Designation Hours Cost Expenses Total Cost 1.1 Management 50 $6,452 $220 $6,672 1.2 Project Meetings 56 $7,664 $1,100 $8,764 2.0 E~mergency Response Planning 71 $6,725 $55 $6,780 3.0 Agency Notification Plan 45 $4,365 $55 $4,420 4.0 Public Notification Plan 45 $4,365 $55 $4,420 5.0 Water Quality Monitorin$ Plan 31 $3,029 $55 $3,084 6.0 Emergency Operations Plan 121 $12,249 $55 $12,304 7.0 Preparedness Training Program 21 $2,005 $55 $2,060 8.0 Report Preparation 50 $5,124 $220 $5,344 Totals 532 $51,978 $1,870 $53~848 As Mr. Bob Corbitt is not on M&E's rate table, we ask by approval of this fee proposal that he be added at a Senior Project Manager rate of $156/hr. G. Project Schedule A detailed schedule is presented below. Responsible Party Projected Projected Project Activity Start Finish Date Date M&E Boynton Team Beach Develop ERP and Emergency Action Plans NTP Lead 1/21/04 1/21/04 Develop schedule and activity plan Lead 1/22/04 2/05/04 Kickoffmeeting(with optional Tabletop Lead Support 2/05/04 2/05/04 exercise) Review information previously received from Boynton Beach Utilities Department Staff Lead · 2/06/04 2/27/04 Identify information needed fi.om Boynton Lead 3/01/04 3/15/04 Beach Send electronic and hard copy of existing ERP documents to M&E Team Lead 3/16/04 3/30/04 Progress meeting with Utilities Staff · Review of ERP and Incident Response Team discussion · Finalize list of EAPs Lead Support 4/15/04 4/15/04 · Review City's lessons learned (information learned during a drill or actual emergency) Interviews with selected Boynton Beach Staff and key ex.ternal parties Lead Support 4/16/04 4/30/04 Formulate draft ERP and Emergency Action Lead 3/16/04 5/10/04 Plans Review Draft revised ERP and provide comments to M&E Team Lead 5/11/04 5/25/04 ~Final draft meeting Support Lead 5/25/04 5/25/04 Incorporate review comments, revise, and resubmit ERP Lead 5/26/04 6/13/04 Approve final ERP and issue Certification Lead 6/14/04 6/28/04 Receipt of certification by EPA Lead 6/29/04 6/29/04 Participation by Utility Staff The development of the ERP, as well as the training and exercise tasks, requires a level of effort by Utilities Department management and staff. The M&E team will be in frequent communications with Utility staff to tailor the ERP to the facilities and to agree upon credible emergency scenarios for which EAPs will be developed. M&E team staff will need access to Utility facilities and documents and this will require assistance by Utility staff. M&E will need information from Utility staff that will feed directly into the ERP or EAPs, such as the Utility's organization charts, a description of functional roles and 8 responsibilities (if available), and staff members' names and telephone numbers that may be needed for the contact lists. We will also need a list of all existing standard operational procedures and, in some cases, copies of the procedures. The applicable regulations may require that the ERP include "a map of the distribution system, detailed locations for each valve in the system, including references that will aid in location of valves, and a map of the well field and surface water intakes as applicable". M&E has not included this activity in this Statement of Work. M&E will include a placeholder in the ERP for these maps, but the maps would be provided by the Utility to meet this requirement. The Utility staff will be responsible for reviewing the Draft ERP and EAPs and providing comments to M&E pursuant to the schedule. Additionally, the Utility staff will have to review and approve the final documents. The M&E team staff will meet with the appropriate Utility staff to design the training and emergency exercise, if the Utility elects to have these tasks performed. In addition, the Utility staffwho receive training or who are directly involved in the emergency exercise will have to devote several hours to those activities. The training sessions and the emergency exercise both require the use of Utility facilities. While onsite for short periods of time, the M&E team staff anticipates the use of limited workspace at the Utility's facilities, to facilitate communication with Utility staff. H. Optional Tasks Should the City of Boynton Beach choose, the following tasks can be added to the scope of work. These tasks are designed to enhance emergency response planning. Optional Task 9.0 Table Top Exercise M&E and will provide experts in the fields of emergency response and water systems to design, facilitate, and critique the tabletop emergency exercise. Elements of the recently completed vulnerability assessment will be considered in exercise development. One person on our team will serve as the facilitator for the exercise. The facilitator will introduce the participants, cover the rules of engagement, describe the scenarios, and oversee the exercise. Three other team members, along with the facilitator, will evaluate the various participants' responses to the exercise scenarios. This exercise is conducted prior to the ERP preparation. The facilitator will introduce information about the event to the participants and, based only on that information, the participants will carry out (or simulate) actions to respond. As the participants reach a point of conclusion to an element of a scenario, the facilitator may introduce additional information to which the participants must respond. The team 9 members will be available to Clarify scenario information, but will not offer guidance to the participantS during the conduct of the exercise. Our team's evaluation will be based on how well the participants comply with their existing emergency response plan and procedures. In the event the current plan or procedures' do not address a particular scenario event, our team will use various relevant or applicable guides and requirements for emergency response as published by FEMA, EPA, AWWA, and the State of Florida to evaluate the participants' responses. Immediately after the exercise is terminated, the evaluation team will caucus in a separate room to critique the exercise. At the same time, the participants will critique their own performance. The two groups will then convene for a joint debrief and will discuss the participants' performance and will develop a list of recommendations for improvement. Optional - As the final step, our team will issue a final, client confidential evaluation report for the exercise, with recommendations for improvement, as appropriate. Several specific factors in designing the scenarios will be considered, including: Realistic ScenariOs - Both of the scenarios mentioned above are credible events, based on the level of security presently employed by the City of Boynton Beach Utilities Department and on the fact that either scenario coUld be carried out by individuals with minimal training and minimal knowledge of the Department's facilities. Participant Involvement -- The scenarios should be sufficiently broad to involve participation from all the attendees, in some way. For instance, a contamination event,.by itself, would not typically involve the local fire department. Likewise, a physical intrusion event, by itself, would not typically involve the health department or laboratory. The combination of these events gives all exercise participants an opportunity to be engaged in the response. This will be beneficial, as feedback from each group will be available at the conclusion of the exercise. · Complexity of Scenarios - The proposed scenarios offer a level of complexity that requires significant coordination with external partieS and first responders. Features include: o Explosion and fire, o Injury to employee, o Off-site release of chlorine gas, o Physical intrusion to gated facilities, and, o Potential contamination of treated water in distribution system. Combined, these features require a response that involves law enforcement, fire departments, emergency medical services, health care facilities, environmental 10 department, health department, news media, emergency management departments, laboratories, and consumers. At the same time, the scenarios do not include more aggressive elements such as employee deaths, firearms, or customers who are critically ill or dead as the result of the incidents. Current Status of Emergency Response Program - The City of Boynton Beach Utilities Department has acknowledged that its current emergency response program may not be sufficient to meet the potential threats and vulnerabilities that are present in today's environment. The Water Department understands the need to upgrade its program and this exercise will provide useful information for that purpose. There is little to be gained by designing and conducting an exercise that is so complex that the participants become overwhelmed and frustrated. This exercise should serve as a learning tool. Once the City's Utilities Department's emergency response program is upgraded and staffis trained to the new program, a more comPlex and aggressive exercise is "fair game". M&E will provide the following services and documents as part of this project: 1. Final exercise scenario development, for review and concurrence by the City's Utilities Department 2. Facilitation of the exercise, including introduction, kick-off, critique, and closeout summary. A team will be present to evaluate the responses of the participants. 3. Written report of the Exercise, to include the observations and recommendations of both the participants and the evaluators. This report will ~ also include the exercise rules of engagement, scenario deScriptions, and names and contact information for each participant and evaluator. The lump sum fee for this optional task will be provided should the City desire this task. Optional Task 10.0 Provide Training Sessions to Utility Staff The M&E team will provide training for the Utility's employees who will be responsible for management and implementation of the ERP. This training will be priced as a separate item from development of the ERP if requested. The specific subtasks for the ERP training sessions include the following: Develop Staff Training Pactrage and Materials. The M&E team will develop the training package that will be used to train Utility staff on the new ERP. The training will provide an overview of emergency management and will specifically cover the Utility staff's 11 responsibilities under the new ERP. The training will include a PowerPoint® presentation and handouts. Present Two Training Sessions to Utility Staff The M&E team will conduct the training session for Utility staff at two separate sessions - one in the moming and one in the aftemoon. This will allow regular shift and back shift personnel to attend one of the sessions. The training will focus on the Utility staff's responsibilities under the revised ERP and will include orientation on the Incident Command System and the Emergency Operations Center. Each session is anticipated to take two hours and will be held at a Utility facility. The lump sum fee for this optional task will be provided should the City desire this task. Optional Task 11.0 Conduct Emergency Response Exercise for Utility Staff The M&E team will conduct a tabletop emergency response exercise for theUtility's employees who will be responsible for management and implementation of the ERP. Scheduling of this exercise is planned for a time after the ERP has been approved and issued to Utility staff and the staffhave attended the training sessions as described in optional task 2 above. This emergency exercise will be priced as a separate item from development of the ERP if requested. The specific subtasks for the emergency exercise cOnsist of those in optional task 1 with the exception that during tabletop emergency exercise scenario development key Utility staff would have limited involvement in the actual exercise as they would be too knowledgeable about the exercise content. We will develop an appropriate emergency scenario with a detailed script of events and a compressed timeline to simulate continuation of the event over a period of one or two days. Facilitate Tabletop Emergency Exercise Scenario. As before, the M&E team will introduce and facilitate the emergency exercise. We will play different roles, as appropriate for the exercise scenario, primarily acting as external parties (terrorists, news media, etc.). We will evaluate the response actions of the Utility staff during the exercise, with the new ERP/EAPs serving as the evaluation criteria. At the conclusion of the exercise, Utility staff and the M&E team staff will hold short, separate debriefing sessions. Then the Utility staff and M&E team staff will hold a joint debriefing session to discuss what went Well and what areas are in need of improvement. The entire exercise, from initiation to closeout, will require four to five hours. Prepare Exercise Critique Report and Submit to Utilities Department. The M&E team will provide the Utility with a written critique report of the exercise. This report will consist of a complete package of the scenario description, the scripts used, the observations of the Utility staff, and the observations of the M&E team staff. The report will also include recommendations for improvement. The lump sum fee for this optional task will be provided should the City desire this task. 12 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Date: Approved as to Form: City Attomey SUBMITTED BY Metcalf & Eddy, Inc. By: Alejandro Toro, Vice President Date: ATTACHMENT 1 COST ESTIMATE VI.-CONSENT AGENDA CITY OF BOYNTON ITEM C.3. AGENDA ITEM QUEST 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) 'g-- ~-co'~r~tsa ~ [] Administrative [] Legal Vo i~[K?F [] Announcement [] New Business ~ A~I~DA-ITEM [] City Manager's Report [] Presentation ._ >_~-~c: c,a [] Consent Agenda [] Public Hearing c:~co c~ .ua [] Code compliance/Legal Settlements [] Unfinished Business I~DlVI~ENDATION: That the City Of Boynton Beach enters into a contractual agreement with St. John's l~ssionary Baptist Church and the Boynton Terrace Neighborhood Association (see "Exhibit A") under the City's (NAP) Neighborhood Assistance Program for the ongoing maintenance of landscaping and irrigation improvements of North Seacrest in the area's identified in an approved NAP project. (See "Exhibit "B"). EXPLANATION: The city would like to enter into an agreement with both the Boynton Terrace Neighborhood Association and St. John's Missionary Baptist Church to assist in enhancing this important streetscape area as a part of the ongoing Heart of Boynton development activity to enhance the overall livability of the area. PROGRAM IMPACT: The city's Neighborhood Assistance program guidelines are specifically intended to encourage the long-term involvement of neighborhoods throughout the city. This landscaping project fits into the overall intent of the program and will have a positive impact on this heavily traveled north/south thoroughfare of the city. This is seen as an important initial step of the Heart of Boynton Redevelopment Plan and it's implementation. FISCAL IMPACT: The project will be funded in the amount of $10,760 from the city's Neighborhood Assistance Program. ALTERNATIVES: The project would not be fundec[without assistance from the city. Department Head's Signature / ~ ' // GiT i~lanager's Signature Department Name d] ditY Attd~ey / Finance / Human Resources SSBULLETINM:ORMSVkGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: Wilfred Hawkins, Assistant City Manager CC: Dan DeCarlo, Neighborhood Project Specialist Rosemarie Lamanna, Paralegal FROM: Michael J. Pawelczyk, Assistant City Attorney~l~' DATE: February 12, 2004 RE: Boynton Beach, City of CCity")/Seacrest Landscaping Project Maintenance Agreement Attached please find the revision to the Grant and Maintenance Agreement for the Seacrest Landscaping Project. The document has been amended in light of recent information forwarded to our office that the Project Area is located within the rights-of-way of Palm Beach County. Therefore, County approval will need to be secured by the Church and/or Association prior to the City installing or constructing any improvements in the County rights-of-way in connection with this Project. Should you wish to discuss this Agreement further, please do not hesitate to contact my office. MJP:mjp Attachment \~JGCDE_FSXLIBRARYX1990~900182.BBXMEMO 2004LHawkins.(Seacreast Landscaping Project Agreement)3.doc 1 RESOLUTION NO. 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND APPROVING A 5 MAINTENANCE AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND ST. JOHN'S MISSIONARY 7 BAPTIST CHURCH AND THE BOYNTON TERRACE 8 NEIGHBORHOOD ASSOCIATION; AUTHORIZING THE 9 CITY MANAGER AND CITY CLERK TO EXECUTE THE lO AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to 13 in the best interests of the citizens and residents of the City of Boynton Beach to approve 14 Maintenance Agreement between the City of Boynton Beach and St. John's Missionary 15 Church, Inc. and Boynton Terrace Neighborhood Association, under the City of 16 Beach Neighborhood Assistance Program for the ongoing maintenance of 17 landscaping and irrigation improvements. 18 NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF 19 CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 true and correct and are hereby made a specific part of this Resolution upon adoption 22 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 authorize and approve the Maintenance Agreement between the City of Boynton 25 and St. John's Missionary Baptist Church and Boynton Terrace Neighborhood 26 to be funded by the City Of Boynton Beach Neighborhood Assistance Program, 27 said Agreement is attached hereto as Exhibit "A". 28 Section 3. The City Manager and City Clerk are authorized and directed to 29 Agreement. 1 Section 4. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this __ day of February, 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Clerk 23 24 >orate Seal) 25 26 27 PREPARED BY AND RETURN TO: Michael J. Pawelczyk, Esq. GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Space Reserved for Recording Information GRANT AND MAINTENANCE AGREEMENT THIS IS A GRANT AND MAINTENANCE AGREEMENT, entered into on , 2004, between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida ( "City"), and THE MISSIONARY BAPTIST CHURCH, INC. a Florida not-for-profit corporation, located at 900 North Seacrest Boulevard, Boynton Beach, Florida 33435 ("Owner"), and BOYNTON TERRACE NEIGHBORHOOD ASSOCIATION, INC., a Florida not- for-profit corporation, having a principal address of 201 NE 6th Avenue, Boynton Beach, Florida 33435 ("Association"). WHEREAS, Owner is the fee simple owner of property located at 900 North Seacrest Boulevard (Folio No. ), Boynton Beach, Palm Beach County, Florida, and more particularly described in Exhibit "A", attached hereto and incorporated herein ("Owner's Property"); and Maintenance Agreement - st. John's Rev. 02/12-04 -- I -- WHEREAS, Association is an association of neighborhood residents organized for the purpose of improving the quality of life in the Boynton Terrace area and addressing community needs; and WHEREAS, pursuant to Motion, adopted at its meeting of · 2004, the City Commission of City authorized the proper City officials to enter into this Grant and Maintenance Agreement "Agreement"), which Agreement has been found to constitute a public purpose; and WHEREAS, the Agreement is being entered into under the City's Neighborhood Assistance Program ("NAP"), the stated purpose of which is to support Neighborhood/Homeowners Associations and their work on significant issues and concerns affecting the community; and WHEREAS, the Association has made application under the NAP for $10,760.00 that will be utilized for irrigation and landscaping improvements ("Project Improvements") to the North Seacrest Boulevard right-of-way, immediately adjacent to Owner's Property ("Project"); and WHEREAS, the purpose of the Project is to enhance the aesthetic appearance of the North Seacrest Boulevard corridor and to create and foster neighborhood identity; and WHEREAS, as a community partner, Owner has agreed, at its expense, to permit the use of its irrigation system for the purpose of landscape irrigation and to fully maintain such landscaping once installed by the City under the NAP; and WHEREAS, Owner's Property is significantly benefited as the Project is to be located on Palm Beach County right-of-way, immediately adjacent to Owner's Property and provides a positive aesthetic impact on Owner's Property; and WHEREAS, Owner and Association each acknowledge that approval from Palm Beach County is required for this project and that the maintenance of the Project Improvements, over, on, and upon the Project Area, as later defined herein may require a license agreement or equivalent with Palm Beach County; and WHEREAS, the City, Owner, and Association agree that it would be mutually beneficial to enter into this Agreement to beautify the Boynton Terrace neighborhood and this significant corridor of the City of Boynton Beach; and Maintenance Agreement - st. John's Rev. 02/12-04 -- 2 -- WHEREAS, the Association has met all NAP Grant Eligibility Criteria and has agreed to be jointly and severally responsible for the maintenance of the Project Improvements once completed; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby ratified and confirmed and incorporated herein. 2. Purpose of Agreement. The purpose of this Agreement is to ensure that the Project landscaping installed pursuant to the City's Neighborhood Assistance Program ("NAP") is maintained at high standards for the term of this Agreement. 3. Project. A. Subject to Association and Owner securing the required approvals of Palm Beach County, the Project will be completed by the City in accordance with the policies and objectives of the NAP, under the assertions and statements of the Association, as set forth in the NAP Application, a copy of which is attached hereto and incorporated herein as Exhibit "B" The City agrees to assist Association and owner in securing such approvals to locate and maintain the Project in Palm Beach County right-of-way along North Seacrest Boulevard, as more specifically described and identified in Exhibit "C" ("Project Area")for the purpose of installing and maintaining the completed Project Improvments. B. City will not initiate the installation or construction until the City receives the appropriate approvals, in writing from Palm Beach County. C. At all times, any license project granted by Palm Beach County to use the right-of-way herein shall be subordinate and inferior to the City's and County's superior interest in maintaining the rights-of-way for the public, and in the event that any conflicts arise between the City's and County's superior interest in maintaining the right-of-way for the public, then, the rights of the City and County and the public shall prevail over that of Owner and Association. D. Owner shall utilize the Project Area where the Project is to be situated only for purposes of installing and maintaining the Project Improvements. Maintenance Agreement - St. John's Rev. 02/12-04 - 3 - E. Upon completion of the Project, City shall transfer the maintenance responsibilities to Owner. F. The maintenance of the required improvements to be shall be performed by Owner in accordance with this Agreement entered into between the City, Owner, and Association, and pursuant to all applicable federal, state and local laws, codes, and regulations, including the City of Boynton Beach Code of Ordinances and Land Development Regulations and Ppalm Beach County right-of-way maintenance regulators, as amended from time to time. Should Owner fail to maintain the Project Improvements in accordance with this Agreement, Association agrees to ensure and guarantees that the Project Improvements will be maintained in accordance with the Agreement for the term of the Agreement. G. City, Owner, and Association acknowledge that the value of the Project is Ten Thousand Seven Hundred Sixty ($10,760.00) Dollars. Owner and Association hereby acknowledge that should the City be required to remove the Project Improvements for any reason, the City, in its sole discretion, shall determine whether to repair, replace, or remove the Project improvements. Should the City decide to replace the Project Improvements, the Owner and Association each acknowledge that any replacement project may not necessarily be of the type or value of the Project described in this Agreement. H. Owner acknowledges that the Project requires the installation of an irrigation system in the Project Area in order to maintain the Project Improvements. Owner hereby grants its express permission to City to enter Owner's Property for the purpose of and as necessary to tap into Owner's existing irrigation system, extending the same to the Project Area. I. Owner shall not by its use or occupancy cause damage to the Project Area or to the adjacent private or public properties or right-of-way, and shall be fully responsible for any such damage. J. Owner shall give City prompt written notice in accordance with Section 16 herein of any occurrences, incidents or accidents in the Project Area or, which, in any way are connected with Project or Project Improvements. K. Owner expressly acknowledges that it gains no property or contract right to the Project Area or any portion thereof or Maintenance Agreement - St, John's Rev. 02/12-04 -- 4 -- to the Project Improvements as a result of Owner's continued maintenance of the Project Improvements, as provided in this Agreement. L. It is agreed that City may remove the Project Improvements or any portion thereof at any time the City requires the use of the above-mentioned right-of-way or determines that the continued maintenance of the Project Improvements is not in the public interest. M. Owner shall not make any alterations, additions or improvements to the Project Area without the prior written consent of City. This does not waive any similar approval requirement Palm Beach County may have regarding any alterations, additions, or improvements to the Project Area. N. Association agrees to be responsible for all maintenance responsibilities of the Project Improvements, and all costs and expenses incurred therefor, should Owner fail to maintain the Project Improvements to the standards required by this Agreement. O. Owner and Association agree to immediately upon their receipt, provide City with copies of any documents signifying approval to use Palm Beach County right-of-way, adjace3nt to Owner's property. 4. Project Funding. City has agreed to fund the Project under the NAP as set forth in Exhibit "B" in exchange for Owner's commitment to maintain the Project Improvements at Owner's cost and expense. 5. Term and Recordation. A. The term of this Agreement shall become effective upon the culmination of approval of the City Commission, execution of this Agreement by all parties, and recordation of the same in the Public Records of Broward County, Florida. Recording will be performed by the City. This Agreement shall have a term in perpetuity unless otherwise provided herein, or otherwise terminated or revoked pursuant to Section 10 of this Agreement. B. The provisions of this Agreement shall be deemed covenants running with the land and shall be binding upon the Owner's successors and assigns. 6. Maintenance Plan for Project. Maintenance Agreement - St. John's Rev. 02/12-04 - 5 -- A. Owner, Association, and City are mutually interested in promoting long-term success of the Project. Ongoing and continued maintenance of the Project Improvements shall be the responsibility of Owner, its successors and assigns, in perpetuity, in accordance with this Section. B. It shall be the responsibility of Owner to keep the Project Area clean, sanitary and free from trash and debris at all times. C. Owner shall regularly irrigate the Project Area to assure that all grass, sod, shrubs, trees, and other vegetation remain lush, green, alive, and aesthetically pleasing. All grass and sod shall be mowed at least twice a month and be kept at heights in compliance with the City of Boynton Beach Code of Ordinances. All shrubs and trees shall be trimmed and maintained in accordance with standards of the National Arborist Association or the International Society of Arbericulture. D. Failure to comply with this Section in any manner shall constitute grounds for termination of this Agreement for cause. 7. Utilities. The parties acknowledge that Owner is responsible for the cost of all utilities to the Project Area, including water for purposes of irrigating the Project Improvements. 8. Indemnification and Insurance. A. Owner shall indemnify, defend, save and hold harmless the City, its officers, agents and employees, from all claims, damages, losses, liabilities and expenses, direct, indirect or consequential, incurred now and in the future, arising out of or alleged to have arisen out of, or in any way connected with the performance of this Agreement or use of the License Area. Owner shall pay all claims, losses, liens, fines, settlements or judgments of any nature whatsoever in connection with the foregoing indemnification including, but not limited to reasonable attorney's fees, paralegal expenses and court and arbitration costs. This indemnification shall survive the term of this Agreement, and shall not be limited to the amount of insurance Owner is required to obtain in accordance with this Agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the Maintenance Agreement - St. John's Rev. 02/12-04 -- 6 - common law or Section 768.28, Florida Statutes, as amended from time to time. B. At all times during the term of this Agreement, Owner, at its expense, shall keep or cause to be kept in effect the following: (1) A general liability insurance policy, in standard form, insuring Owner and City as an additional insured or additional named insured, against any and all liability for bodily injury or property damage arising out of or in connection with this Agreement and the license granted herein with a policy limit of not less than One Million Dollars ($1,000,000) combined single limits and shall name the City as an additional insured. Ail such policies shall cover the Project improvement, the property on which it is located, all structures and improvements thereon, and the maintenance thereof. This policy shall not be affected by any other insurance carried by City. (2) Ail of the policies of insurance provided for in this Agreement: (i) shall be in the form and substance approved by the Insurance Department of the State of Florida, (ii) shall be issued only by companies licensed by the Insurance Department of the State of Florida, (iii) Certificates of Insurance pertaining to same shall be delivered to City, prior to the commencement of the term of this Agreement, (iv) shall be with a carrier having an A Best's Rating of not less than A, Class VII, (v) shall bear endorsements showing the receipt by the respective companies of the premiums thereon or shall be accompanied by other evidence of payment of such premiums to the insurance companies, including evidence of current annual payment, if on any installment payment basis, and (vi) shall provide, if obtainable, that they may not be canceled by the insurer for thirty (30) days after service of notice of the proposed cancellation upon City and shall not be invalidated as to the interest of City by any act, omission, neglect, or negligence of Owner. (3) In any case where the original policy of any such insurance shall be delivered to Owner, a duplicated original or certificate of such policy shall thereupon be delivered to City. Maintenance Agreement - St. John's Rev. 02/12-04 -- 7 -- (4) Ail insurance policies shall be renewed by Owner, and certificates evidencing such renewals, bearing endorsements or accompanied by other evidence of the receipt by the respective insurance companies of the premiums thereon, shall be delivered to City, at least thirty (30) days prior to their respective expiration dates. C. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then, in that event, Owner shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of that period of the contract and extension thereunder is in effect. D. City does not in any way represent that the types and amounts of insurance required hereunder are sufficient or adequate to protect Owner's interests or liabilities but are merely minimum requirements established by City's Risk Management Division. City reserves the right to require any other insurance coverages that City deems necessary depending upon the risk of loss and exposure to liability. E. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to City by certified mail or facsimile transmission in accordance with Section 16 of this Agreement. F. All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against City with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above described insurance. Go Violation of the terms of this Section 8 and its subparts shall constitute a breach of the Agreement, and City, at its sole discretion, may cancel the Agreement and the license granted therein, and all rights, title and interest of the Owner and Association shall thereupon cease and terminate. H. Owner agrees and fully understands that is fully responsible for all maintenance activities or whatever kind Maintenance Agreement - st. John's Rev. 02/12-04 -- 8 - occurring on or about the License Area during the maintenance of the Project Improvements for the term of this Agreement. 9. Termination. A. In the event of any default or breach of any of the terms, obligations, restrictions or conditions of this Agreement by Owner, City may at any time thereafter, without notice or demand and without limiting City in the exercise of any right or remedy which City may have by reason of such default or breach terminate Owner's right to use and possession of the Project Area by any lawful means and retake possession thereof in which event City may demand immediate reimbursement of all or any portion of grant funds awarded in accordance with this Agreement. B. Notwithstanding the above, should City provide notice to Owner that the failure of Owner to observe or perform any of the covenants, conditions or provisions of this Agreement constitutes a material default and breach of this Agreement by Owner where such failure continues for a period of thirty (30) calendar days after written notice thereof from City to Owner, provided however, that if the nature of Owner's default is such that more than thirty (30) calendar days are reasonably required for its cure, Owner shall not be deemed to be in default if Owner commences such cure within said thirty (30) calendar day period and thereafter diligently pursues such cure to completion. Any corrective action undertaken must be acceptable to the City in order to avoid termination hereunder. Association shall be provided copies of all notices sent to the Owner pursuant to this Section 9. C. Upon termination of this Agreement, the Project in the Project Area may be removed by City or thereafter maintained by City at its sole discretion. D. If Owner is involuntarily dissolved by the Florida Department of State or voluntarily dissolved by the Owner, this Agreement shall be terminated and the City, in its discretion, may remove any improvements from Project Area. E. In the event of termination or revocation of the Agreement, Owner and Association each agree, jointly and severally, to bear the full cost of removal of the Project Improvments and waive any and all claims Owner may have or may have had against City with regard to the cost of removal of such Project Improvements and further waive any and all Maintenance Agreement St. John's Rev. 02/12-04 -- 9 - defenses Owner or Association may have or may have had against the removal of the Project Improvements. 10. Independent Contractor. Owner and its employees, volunteers and agents and Association and its employees, volunteers and agents, shall be and remain independent contractors and not agents or employees of City with respect to all the acts and services performed by and under the terms of this Agreement. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be the sole respective individual responsibilities of Owner and Association. 11. Assignment. Owner and Association shall not voluntarily, involuntarily or by operation of law, assign, sell, pledge, grant a security interest, or in any manner transfer this Agreement, or any interest therein or grant any right to the Project Area without the prior written consent of City and County, if requested, which consent City may grant or withhold in its absolute discretion. 12. Governing Law; Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 13. Compliance with laws. The parties shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Boynton Beach, and of any other public authority which may be applicable to this Agreement and the use and occupancy permitted hereunder. 14. Severability. Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions of this Agreement shall not be affected thereby. 15. Notice. All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested, or facsimile transmission, to the following persons and addresses: CITY: City Manager Maintenance Agreement - St. John's Rev. 02/12-04 - 10 - City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Fax: (561) 742-__ With copy to: City Attorney City of Boynton beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Fax: (561) 742-6054 OWNER: Reverend Lance Chaney Missionary Baptist Church 900 North Seacrest Boulevard Boynton Beach, Florida 33435 Fax: (561) ASSOCIATION: Boynton Terrace Neighborhood Association, Inc. Attn: President 201 NE 6th Avenue Boynton Beach, Florida 33435 Fax: (561) 16. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof, superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. 17. Drafting. This Agreement has been negotiated and drafted by all parties to this Agreement and shall not be more strictly construed against any party because of such party's preparation of this Agreement. Maintenance Agreement St. John's Rev. 02/12-04 -11 - IN WITNESS WHEREOF, the City and Owner and Association have executed this Agreement on the day and year first written above. WITNESSES: CITY OF BOYNTON BEACH By Mayor By City Manager (CORPORATE SEAL) ATTEST: City Clerk Approved as to form: City Attorney Maintenance Agreement - St. John's Rev. 02/12-04 - 12 - WITNESSES: OWNER: ST. JOHN'S MISSIONARY BAPTIST CHURCH, INC., a Florida not- for-profit corporation By Rev. Lance Chaney President ATTEST: (CORPORATE SEAL) Secretary STATE OF FLORIDA: COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this , 2004, by Reverend Lance Chaney and , as President and , respectively, of St. John's Missionary Baptist Church, Inc., a Florida not-for- profit corporation, on behalf of the corporation. They are personally known to me or have produced as identification. (SEAL) Notary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Typed, Printed Or Stamped My Commission Expires: Commission Number: Maintenance Agreement - St. John's Rev. 02/12-04 - 13 - WITNESSES: ASSOCIATION: BOYNTON TERRACE NEIGHBORHOOD ASSOCIATION, INC., a Florida not-for-profit corporation By. Gertrude Sullivan President ATTEST: (CORPORATE SEAL) Secretary STATE OF FLORIDA: COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this , 2004, by Gertrude Sullivan and , as President and , respectively, of Boynton Terrace Neighborhood Association, Inc., a Florida not-for-profit corporation, on behalf of the corporation. They are personally known to me or have produced as identification. (SEAL) Notary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Typed, Printed Or Stamped My Commission Expires: Commission Number: H:\1990\900182.bb\Agmts\Grant and Maintenance Agmt.doc Maintenance Agreement St. John's Rev. 02/12-04 -14 - EXHIBIT "A" OWNER'S PROPERTY 900 No Seacrest Boulevard Boynton Beach, Florida 33435 LEGAL DESCRIPTION Maintenance Agreement St. John' s Rev. 02/12-04 -15 - EXHIBIT "B" CITY OF BOYNTON BEACH NEIGHBORHOOD ASSISTANCE PROGRAM APPLICATION BOYNTON TERRACE NEIGHBORHOOD ASSOCIATION, INC. Maintenance Agreement St. John' s Rev. 02/12-04 -16 - EXHIBIT "C" LICENSE AREA Portion of North Seacrest Boulevard right-of-way Adjacent to property located at 900 North Seacrest Boulevard LEGAL DESCRIPTION Maintenance Agreement - St. John's Rev. 02/12-04 - 17 - Pa}in Beach County Property Appraiser Property Search System EXHIBIT "A" Gary I:L Nlkolits, CFA Palm Beach County Appraiser Pu bile Access System - Property Information Home Location Address: N SEACREST Search Municipality: CITY OF BOYNTON BEACH Search Result Parcel Control Number: 08-43-45-21-10-002-0010 Property Information Subdivision: PALM BEACH COUNTRY CLUB ESTS IN Owner Information Official Records Book: 07637 Page: 1748 Sale Date: Mar-1993 Structural Detail Extra Features Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 1 (LESS W 25 FT & 20 FT RETURN CURVE AREA RD R/W) & LT2 (LESS W 25 FT RD R/W) BLK 2 Land Detail - Owner Information Tax Detail Name: ST JOHNS MISSIONARY BAPTIST CHURCH Print Information Mailing Address: 900 N SEACREST ~LV PO BOX 6 BOyNTON BEACH FL 33435 3002 Property Appraiser Home -2003 Certified Appraisal Improvement Value: $0 Number of Units: 0 Land Value: $10,000 Total Sq. Ft: Market Value: $10,000 Acres: .00 Use Code: 0000 Description: VACANT -2003 Certified Tax Ad Valorem: $0.00 /~r~ Non ad valorem: $0.00 Total: $0.00 -2003 Certified Assessed & Taxable Values Assessed Value: $10,000 Exemption amount: $10,000 (2003 Exemption) Taxable: $0 -2003 Exemption(s) Homestead Receipt~: 0000000 Exemption Address: Other: $10~000 (FULL: RELIGIOUS ORGANIZATIONS) TOTAL: $10,000 ~Sales Information Sales Date Book Page Price Instrument Owner ST JOHNS MISSIONARY BAPTIST Mar-1993 07637 1748 $12,500 WD CHURCH Mar-1991 06770 1344 $100 FJ Jan-1975 02426 1627 $7,400 00 I ~J~ck [ J Search I I Search Result I Please send us your feedback tP://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity-4)8434521100020010 12/5/2003 Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Property Mapping System ~0 - Owner Information PCN: 08434521100020010 ST JOHNS MISSIONARY Name: BAPTIST CHURCH Location: N SEACREST AVE: Mailing: 900 N SEACREST BLV PO BOX 6 BOYNTON BEACH FL 33435 , ............. t 3002 -2003 Certified Tax Ad Valorem: $0.00 Non ad valorem: $0.00 Total: $0.00 ' -2003 Certified Assessment Market Value: $10,000 Assessed Value: $10,000 Exempt Amnt: $10,00(1 : i Taxable: 2Sal~ Information 1 ~ales Oatq Prie~ Mar-1991 O$1ffi Jan-1975 $7,40C Legend Palm Beach County Property Map [ ----'-] Par~ Botr~lar~ Map Scale 1:957 Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 12/5/2003 from PAPA ~p://gisw~b~c~pa~m~beach~us/papagis/presentati~n/mapping~printnew~asp?MAPURL=http://gisweb~c~ 12/5/2003 ~o 0 o o o o o o o~o o o o o o o o~ ~ 0o0o~o~o~o o~o~o. ~ ~ 0oo ~ 0 ~ o o~~ o~ H o~oo ~ o ~ o o~ o 0 0 ~ H 0 0 0 ~ 0 ~ 0 0 0 0 0 ~1 H 0 0 0 0 0~ ~ ~ ~ o o o o o ~ ~ o o o o o o o o o oo EXHIBIT "B" Neighborhood Assistance Program Application Neiahborhood Assistance Program and Eiiaibility Requirement,, The City of Boynton Beach Neighborhood Assistance Program (NAP) supports Neighborhood/Home Owner's Associations and their work on significant issues and concerns. Partnerships with local businesses, religious institutions, social · service agencies and other community resoumes allow the neighborhoods access to a wider range of goods, services and financial resources. The NAP gives neighborhoods access to City grant funds in order to improve the quality of life in the City's neighborhoods. · · The City of Boynton Beach has established the Neighborhood Assistance Program to. provide grants to qualified organizations, .in order to complete specified programs and projects. These programs and projects must constitute and demonstrate a public purpose, and should be easily visible to the general public. · All grant monies an~or materials, under this program, shall be expended solely for the construction and completion of the specified project and the' City has absolute sole discretion in selecting projects appropriate for the Neighborhood Assistance Program. · Grants are given for appropriate structuraI improvements (i.e.; building repairs, sidewalks, roadway/parking lot). · The program is conditioned upon the satisfactory completion of the project, as well as a contribution' of a "Matching Grant" from the Grantee, as further defined herein. · Maximum matching grant award to applicant is $5,000 per year, and consideration of any matching grant amount above $4,000 will' be based upon demonstration of a cdtical need involving life, health or safety. City of Boynton Beach Neighborhood Assistance Program Application 1 The Grantee herby agrees to provide a matching grant in the amount of $5,000 per year and/or in "Sweat Equity~ Volunteer work, which counts as $10 per hour. · Only one grant will be awarded per neighborhood. · The Neighborhood/HOA will assume maintenance responsibilities. · The City will not provide maintenance on property improvements, Unless there is a prior written agreement to do so. · The Neighborhood/HOA Grantee shall adhere to the maintenance plan. If the project is not maintained per this agreement, the City will send written notice of default to the Neighborhood/HOA Grantee. The C~j may rectify said default and bill the Neighborhood/HOA Grantee for materials and services performed. · The Neighborhood/HOA Grantee acknowledges and agrees that it shall be liable for the cost of all materials and services incurred by the City in · rectifying said default. Part A-- General Information Name of Neighborhood/Homeowner's AssOciation: Number of residents represented: Are you an incorporated association? r3Yes ~ If so, provide a copy ef your incorporation 501(c)(3)form. Project Contact Person: & _t?_~. ~Uo{~ Address: DayPhone~&/- ~-/~05 Evening Phone City of Boynton Beach Neighborhood Assistance Program Application 2 Part B: Project Information. Please identify exact location within your neighborhood (attach map): aln I~rojec~ purpose: , What specific concerns will this proje~ address? · What benefits will the neighborhood and/or the City realize from this project? PY~esC: Project Support Does your Association fully support this project? IZ]'No ~ Please attach the minutes from the Neighborhood/HOA meeting that shows the vote for this project. Please provide letter(s) of support from affected private or public property owners. These should include letter(s) indicating willingness to sign an Easement Deed upon approval,of the project, or letter(s) from property owner(s) who will consent to improvement and who will proVide maintenance of improvement. 13R'/equired and provided EINot Required EIRequired, but not provided. Explain: City of Boynton Beach Neighborhood Assistance Program Application 3 Part D: Project Funding Provide an itemized estimate of the project funding. Attach a separate sheet, if necessary. I Item Description Unit Cost Qty Total Cost ! Amount of City funding requested: Amount of matching funds supplied by the Assoc. $' Total Project Cost $ What is the composition of the Association's matching funds? Cash $ 'Sweat Equity" Volunteer work Dun. ts as $10 per hr. $ Materials. '-~ ' $ Sales Tax (if applicable) Other $ · ..................................... On a separate sheet, please provide a current statement of your Association's total assets. City of Boynton Beach Neighborhood Assistance Program Application 4 'Part E: Project Maintenance Maintenance responsibilities will be assumed by the neighborhood. Please ' provide a list of volunteers who agree to provide maintenance. How will this be provided? How can it be guaranteed? / - ! Part F: Attachments Please list the Attachments to thisi Application. Information to be provided by the City. What is the estimated annual maintenance cost to the City? City of Boynton Beach Neighborhood Assistance Program Application 5 The Neighborhood Partnership Program is administered by the Neighborhood Project Specialist. A selection committee consisting of representatives from appropriate City departments reviews and evaluates all applications for recommendation to the City Commission. if you have any questions, please contact Dan DeCarlo, Neighborhood Project Specialist or Thelma Lyons, Neighbor Services, City of Boynton Beach, 100 East Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6028 or (561) 742-6029. ' City of Boynton Beaeh Neighborhood Assistance Program Application 6 VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.4. AGENDA ITEM REQUEST FG .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates in to City Clc~'k's Office Meeting Dates to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noo~.) [] February 3, 2004 January 19, 2004 (Noo~) [] 1)~x~mber 16, 2003 Dccembex 1, 2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] Jan.~y 6, 2004 ~ ~,2003(Noo.) [] M~2,2004 Feb~y ~6,2004(Noo~) [] 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 Lq RECOMMENDATION: ~' Motion to approve and authorize the ex~ntion of a Resolution for Task Order No. U04~14-~r $~2,$60.00 to Mathew$ Consulting, Inc. (MCI) to provide profe$~iou~l engineering ~ervice~r the N.W. 17t~ Aveuue Storm~ater and Water Main I~provement Project. EXPLANATION: The N. W. 17~ Avenue project area i~ plagned by years of chronic ,torm~ater flooding, poor water qnality and low flow rates. The project area ¢over~ approximately ~0,$00 feet of roadway ~ited for stormwater improvements in addition to ~ater main replacement, uew ~ervice counection~ aud ~ite restoration (~ee attached Site Map~, Exhibit 'A' and 'B'). The Utilitie~ Department aud MCI have developed a detailed ,cope of servic~ that outline ta~i{a required for thi, project. Discussions and uegotiafion$ were couducted to arrive at the level of effort and staffing mix in order to deliver a quali~ aud cost effective task order. MCI has successfully completed engineering service~ for the Ci~ in the past. $:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The task order for MCI consists of seven (7) sub-tasks to accomplish the necessary improvements to this neighborhood, they are: · Task 1 - Prepare Route Survey - Execute survey, prepare scope of services · Task 2 - Geotechnical Services - Provide subsurface investigations · Task :5 - Design Phase - Provide drawings and specifications for bidding · Task 4 - Permitting Phase - Assist City in obtaining ali required permits · Task 5 - Bid Phase Services - Prepare bid documents packages, assist in recommendation for award of bid · Task 6 - Construction Phase Services - Review shop drawings, pay applications, conduct construction meetings · Task 7 - Resident Project Representation - Full time representation during construction FISCAL IMPACT: Funds are available in account #401-5000-590-96.02 WTR121 and account #401-5000-590-96.07 STM027. The compensation for this task order is based upon the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2005 between the City of Boynton Beach and Mathews Consulting, Inc. The City has identified the N.W. 17~ Avenue project to be completed under the City's current Capital Improvements Projects. The construction costs for the project are approximately $2,200,000.00 and construction time after award of the bid is estimated at nine (9) months. ALTERNATIVES: The only alternative to approving this motion would be to allow the N.W. 17th Avenue project area to continue with multiple stormwater and potable water issues. S:XBULLETINWORMS~AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ Dale S ~urt Bressner, Assistant City Manager City Manager Utilities Department ~ Department Name City Attorney / Finance / Human Resources Attachment (Original Task Order - three copies) bc: Dale Sugerman, Assistant City Manager cc: Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Bob Kenyon, Deputy Utilities Director Mark Law, Deputy Utilities Director WRLT File S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. U04-14-01 TO MATHEWS CONSULTING, INC., (MCI) TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE N.W. 17T~ AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT IN THE AMOUNT OF $332,360.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the N.W. 17th Avenue project area covers approximately 30,500 feet of sited for Stormwater improvements, in addition to water main replacement, new service connections and site restoration; and WHEREAS, the Utilities Department and MCI have developed a detailed scope of ~ervices that outline sub-tasks required for this project, which consists of seven (7) sub-tasks accomplish the necessary improvements to' this neighborhood, as follows: · Task 1 - Prepare Route survey - Execute survey, prepare scope of services · Task 2 - Geotechnical Services - Provide subsurface investigations · Task 3 - Design Phase - Provide drawings and specifications for bidding · Task 4 - Permitting Phase - Assist City in obtaining all required permits · Task 5 - Bid Phase Services - Prepare bid documents packages, assist in recommendation for award of bid · Task 6 - Construction Phase Services - Review shop drawings, pay applications, conduct construction meetings · Task 7 - Resident Project Representation - Full time representation during construction NOW, THEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF - Change Orders\MCI - Task Order UO4-14-O1.doc CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as tree and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and direct the approval and execution of Task Order U04-14-01 to Consulting, Inc., (MCI) in the amount of $332,360.00, to provide professional services for the N.W. 17th Avenue Stormwater and Water Main Improvement ect. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of February, 2004. C1TY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk - Change Orders~lCI - Task Order UO4-14-Ol.doc TASK ORDER NO. U04-14-01 - N.W. 17~ AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMITI'ING, AND SERVICES DURING CONSTRUCTION Task Order No. U04-14-01 - N. W. 17TM Avenue Stormwater and Water Main Improvement Project- Final Design, Permitting, and Services During Construction A. Background The City of Boynton Beach has identified the N.W. 17th Avenue Stormwater and Water Main Improvement Project to be completed under the City's current C.I.P. The CITY has requested that Mathews Consulting (CONSULTANT) provide design, permitting, services during construction (SDC) assistance, and resident project representative (RPR) services to the CITY in the execution of this project. The project is to be executed using the traditional design, bid, and construct method. This Task Order will be submitted as a stand alone document. It addresses fees for professional services to provide design, permitting, bid phase, SDC and RPR services. The project area is shown in Attachment 1. The water mains in the project area shown in Attachment 1 will be replaced as required. The ponding areas shown in Attachment 2 will be 'provided with stormwater improvements. B. Scope of Services for Phase I Task I - Survey CONSULTANT will prepare a scope of services for the execution of a route survey for approximately 30,500 feet of roadway within the project area. The survey will identify all above ground features within the right-of-way and will extend 5 feet into private property to collect topographic elevations, conflicts, and encroachments. As part of the scope, the surveyor will collect existing topographic elevations along the center-line of pavement, at the edge of pavement, and at the edge of the right-of-way. Specific utilities to be identified will include manholes (sanitary and stormwater), catch basins, valves, water meters, and utility poles. All vegetation (trees and shrubs) located within the right-of-way will be located. Wherever possible, the surveyor will remove manhole covers and identify invert elevations for sanitary and stormwater utilities. The surveyor will obtain copies of atlas sheets from the City for water, sanitary, stormwater, and traffic control, and incorporate these utilities wherever present. The locations of driveways and pavement within the right-of-way, as well as the material of construction will also be identified and plotted on the .base survey. All vegetation and encroachments (flag poles, lighting, fences, and walls) will be identified and located on the survey. Significant trees and shrubs will be uniquely identified while less significant planting beds will be identified by dimension only. MATHEWS 1/23/2004 1 TASK ORDER NO. U04-14-01 - NW. 17~ AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMI'I-FING, AND SERVICES DURING CONSTRUCTION The surveyor will prepare survey on full sized drawings at a 1-inch equals 20 feet (20:1) scale and submit the survey to CONSULTANT in both electronic and paper copies. CONSULTANT will review the survey and request changes and collection of additional information prior to review by the City. Following the review and approval of the base survey, the CONSULTANT will direct the surveyor to submit the drawings to local utility companies (gas, telephone, communications, and electric) to incorporate information regarding the locations and sizes of underground utilities. Additional utility information will be added to the survey to show the approximate location, however, the surveyor will not certify its exact placement CONSULTANT will contract the services of the surveyor directly. This service will be provided on a.time and materials basis with a 0% markup on the subcontracted fee to manage the surveyor's work and prepare the subcontracting documents. It is CONSULTANT's understanding that the CITY does not maintain a surveying standard. Therefore, the survey will be prepared using industry'standards and Mathews Consulting, Inc. formatting guidelines. Task 2 - Geotechnical CONSULTANT shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: 1. Perform up to twenty (20) standard penetration tests (SPT) borings to an average depth of ten (10) feet. 2. Perform up to fifteen (15) open hole exfiltration tests to an average depth of six (6) feet. 3. Evaluate field data collected and provide geotechnical engineering evaluation report. CONSULTANT will contract the services of the geotechnical firm directly. This service will be provided on a time and material basis with a 0% markup (as specified in negotiated rate schedule) on the subcontracted fee to manage the geotechnical work and prepare the subcontracting documents. Task 3 - Design The CONSULTANT will provide professional engineering services to the CITY for the replacement of existing water 'mains and installation of new storm water improvements (exfiltration trench) within the project area. The work will include preparation of Drawings and Specifications to be used for bidding and construction. The specific scope of services to be provided by CONSULTANT in this Task Order include the following: i. Call utility location company such as "No-Cuts" to verify utility locations.. Perform site investigation activities including a "field survey" of the project area to verify water line, sanitary sewer, and other utilities locations and alignments are consistent with that shown 1/23/2004 2 ~) MATHEWS TASK ORDER NO. U04-14-01 - N.W. 17~' AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMITBNG, AND SERVICES DURING CONSTRUCTION on utility record drawing information. Verification is to be by visual observation of surface features of utilities (i.e., manholes, valve boxes, cable boxes, fiberoptic markers, etc.). 2. Review available utility plans, atlases, and maps of the area for location of existing utilities. Coordinate the proposed water main and storm water piping alignments with existing utility alignments to avoid conflictive routings to the extent possible. 3. Swale improvements and sidewalk replacement will be depicted by use of typical standard sections and details keyed to the plan drawings. Driveways will likewise be regraded and replaced as indicated on typical standard restoration details contained in the drawings. Swales will be improved on both sides of the road to promote enhanced area drainage. 4. Surface details such as fences, sidewalks, walls, curbs, vegetation, signs poles, etc. will be noted to the extent that they may be materially effected by the construction of the swale, pipeline, driveway, and sidewalk improvements. 5. Existing underground utilities will be shown on the Drawings based on available information obtained from CITY and as verified by the field survey information discussed above. Utilities shown are only those located within the work area that will materially effect construction of the improvements (i.e. water or'sewer mains, telephone conduits and cable, fiber optic or electrical lines). Utility locations will be verified by CONSULTANT through a subcontractor such as "No Cuts" and will be reimbursed by the CITY on a time and materials basis plus a 0% mark up (as specified in negotiated rate schedule) on the subcontracted fee. For the purpose of this proposal, $12,000.00 (as specified in negotiated rate schedule) has been added as an expense item for this task. 6. Drawings will be provided to the CITY at the 60, 90, and 100 percent stages of design ' completion. The 60, 90 and 100 percent drawings will be provided in full-size (22" x 34") format. Drawings for permit review will be full size (22" x 34") format. 7. The Drawings will show locations of new and existing water lines, existing sanitary sewers, and new storm water exfiltration trench and inlets (if any). Streets, driveways, and sidewalks, will be outlined on the Drawings. Plan drawings will be at a scale of l- inch equals 20 feet. Profile drawings will be at a scale of 1-inch equals 2 feet. 8. Upon completion of the 60% drawings, CONSULTANT will supply the CITY two (2) sets of review documents. The CONSULTANT will attend a 60% design-review workshop with CITY personnel to receive and discuss review comments regarding the documents. For the 60% deliverable, draft specifications will be provided. 9. Upon completion of the 90% drawings, CONSULTANT will supply the CITY two (2) sets of review documents. The CONSULTANT will attend a 90% design-review workshop with CITY personnel to receive and discuss review comments regarding the documents. For the 90% deliverable, draft specifications including front-end information will be provided. 10. Upon completion of the 100% documents, CONSULTANT will supply the CITY one (1) set of the final documents with appropriate copies of permit applications for signature. The CONSULTANT will transmit the signed permits to the appropriate agencies on behalf of the CITY. MATHEWS 1/23/2004 3 TASK ORDER NO. U04-14-01 - NW. 17~ AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT ~ FINAL DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION 1 l. The stormwater improvements and new water main will be located within the right-of- way of neighborhood streets. 12. The location and elevation of CITY established horizontal and vertical control (if any) will be listed on appropriate plan sheets. 13. CONSULTANT will attend three (3) Community Involvement Meetings (CIM) as directed by the CITY. 14. CITY developed standard details applicable to the work will be incorporated into the Drawings. CONSULTANT will modify, as necessary with CITY approval, the CITY standard details. 15. Specifications are to be prepared by the CONSULTANT for bidding purposes for the water main and storm water improvements and the Front-End Contract Documents are to be prepared by the CITY. These documents are to reflect the following: · Contract Documents will use the CITY's existing "Front-End" conditions modified by the CITY as appropriate for this project. Division 1 through 16 technical specifications will utilize the CITY's master specifications modified by CONSULTANT as appropriate for the project. · Separate bid schedules will be provided for the water main and stormwater improvements. ·The new water main will consist of 6-inch diameter and larger cement lined ductile iron pipe and fittings. · The existing water mains will be abandoned in place. On all lines, ends will be cut and capped. For lines larger than 6-inches in diameter, the lines will also be filled with light-weight grout. Unless in conflict with proposed improvements, existing water lines will not be removed. 16. An opinion of probable construction cost will be prepared for the 60%, 90% and 100% drawings and specifications. The cost estimate format will be consistent with the bid proposal tabulation sheet for the project. The cost opinion will be provided to the CITY during the 60% and 90% design review and at the time the advertisement for bids is published. 17. The project drawings are expected to consist of the following sheets: Estimated Sheet Count for N.W. 17t~ Avenue Stormwater and Water Main Improvement Project City of Boynton Beach Sheet No. Drawing No. · Description I G-I Cover Sheet (Title & Vicinity Map) 2 G-2 Key Map 3 G-3 General Notes, Legend, and Abbreviations 4-50 C-I to C47 Water Main, Stormwater and Swale Improvements - Plan at 1" = 20' scale/Profile at I"=2" (Single Panel Format - plan over profile) 1/23/2004 4 ~ MATHEWS CONSULTING ~c, TASK ORDER NO. U04-14-01 - N.W. 17~' AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMI'I-I'ING, AND SERVICES DURIN. G CONSTRUCTION Estimated Sheet Count for N.W. 17th Avenue Stormwater and Water Main Improvement Project City of Boynton Beach Sheet No. Drawing No. Description 51 D-1 Civil Standard Details (Restoration) 52 D-2 Civil Standard Details (Restoration) 53 D-3 Civil Standard Details (Restoration) 54 D-4 Water - Standard Details 55 D-5 Water - Standard Details 56 D-6 Drainage - Standard Details 57 D-7 Drainage - Standard Details 58 P-1 Bid Tabulation Items 59 P-2 Material Specifications Task 4 - Permitting The CONSULTANT will assist the CITY in obtaining Palm Beach County Public Health Department (PBCHD) permits for the water line replacement by completing the permit forms for CITY approval/signature and providing required drawings and specifications necessary to obtain the permits. Permit application forms, including drawings and specifications, for permitting through the PBCHD will be submitted to the CITY concurrent with delivery of the 90% design documents. The FDEP "Long-Form" permit'application is required. Fees will be. paid by the CITY. The CONSULTANT will also attend one meeting with Palm Beach County to discuss method of crossing Seacrest Boulevard (e.g. open cut or directional drill). The CONSULTANT will also assist the CITY in obtaining South Florida Water Management District (SFWMD) permits for the construction of exfiltration trenches by completing the permit forms for CITY approval/signature and providing required drawings and background information. Permitting for the SFWMD will be performed concurrently with issuance of the 90% design documents. CONSULTANT assumes that the completion of the "Standard General" Sections A, C, and E, of the Environmental Resource Permit application will be required for this project. A pre-application meeting will be held with SFWMD to verify permit requirements. This assumption will be used to budget the labor effort for this task. Permit 'fees will be paid by the CITY. Two copies of the final permitting packages (plus the number of agency required copies) will be submitted with the 90% plans for submittal to the PBCHD, Palm Beach County, and SFWMD by the CITY. MATHEWS 1/23/2004 5 ~ C o~.~ ,..T~_,~.~....c,' TASK ORDER NO. U04-14-01 - NW. 17"' AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMITTING, AND SERVICES DURIN. G CONSTRUCTION CONSULTANT will respond to up to two (2) "requests for additional information" made by each regulatoTM agency following submittal of the permit applications. Additional responses to agency requests for additional information will be considered an Additional Services item. City right-of-way and Palm Beach County Roadway work permits for work conducted within City rights-of-way and County right-of-way (Seacrest Boulevard) will required from the City of Boynton Beach and Palm Beach County. It is the intent of this project to require the CITY's selected contractor to apply for and acquire the necessary work permits. In addition, if any de-watering permits are necessary to conduct the work, their acquisition will also be the responsibility of the contractor. CONSULTANT, through the CITY, will provide the contractor with necessary site figures and data to support the permitting effort. Preparation of other permits for the above agencies (or for other regulatory agencies) beyond that specified above will be considered an Additional Services item. Examples of typical permits not included in this scope of work include wetland dredge and fill permits, FDOT utility accommodation permits, Asbestos Handling/Disposal notification permits, Archeological/Historical preservation permits, endangered species permits, tree removal permits, etc. Task 5 - Bid Phase Services Bid phase services to be performed by the CONSULTANT will be consistent with the guidelines in the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project Management Team, "provided by the CITY and will include the following: 1. Prepare Contract Document packages (i.e. drawings and specification) for CITY advertisement and bidding purposes. Drawings to be full size (22" x 34") format. 2. Distribute copies of the Contract Documents to the prospective bidders. The cost for production of the contract documents will be borne by the bidders through purchase of the construction plan from CONSULTANT. Maintain records of the plan holders list and provide a copy of the list to the CITY on a weekly basis. 3. Provide document mailing and pre-bid services, such as maintaining plan holder's list, answering questions from potential bidders, and providing technical information to the CITY for Contract Document addenda and distribution to the plan holders; addenda will be issued by Procurement Services for the CITY. 4. Respond to questions from prospective bidders and suppliers and provide technical information to the CITY for addenda that will be issued by Procurement Services as appropriate. Technical information for up to three addenda is assumed in the budget for Bid Phase Services. 5. Prepare agenda and conduct a pre-bid meeting with interested contractors and CITY staff. Prepare and distribute meeting minutes. 6. Review bid packages received, prepare bid tabulation sheet and recommend award. MATHEWS 1/23/2004 6 TASK ORDER NO. U04-14-01 - N.W. 17~' AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN. PERMITTING, AND SERVICES DURING CONSTRUCTION Task 6- Services During Construction The specific SDC phase services to be provided by the CONSULTANT include the following: 1. Prepare agenda and conduct pre-construction conference with selected Contractor and CITY staff. Prepare and issue written minutes of meeting. 2. Review Shop Drawing and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 30 submittals is included in the budget for SDC phase services. 3. Attend construction progress meetings every two weeks and provide a written summary of the issues discussed. Project meetings will be conducted by the Project Engineer with the Resident Observer also in attendance. Following the meeting, the Project Engineer will prepare and distribute meeting minutes to the City and other attendees. Meetings will be held at the site construction trailer. Sixteen progress meetings are included in the budget for this task. 4. Review monthly payment applications submitted in a format acceptable to the CITY. Assist the CITY to reconcile the Contractor payment requests, clarifications, and responses to requests for quotations. A eight month construction period is assumed in budgeting these tasks. 5. Respond in writing to Contractor's Request For Information (RFI) regarding the design documents. 6. Prepare and negotiate Change Orders (CO) and Field Change Directives (FCD) during the 8 month construction period. For the purpose of this task order, it is assumed that up to 6 CO and 12 FCD will be prepared during the 8-month construction period. Task 7 - Resident Project Representative Services The Resident Project Representative phase services to be provided by the CONSULTANT include the following: 1. Provide a full-time (40 hours/week) Resident Project Representative (RPR) during the construction of the work in a total period of not-to-exceed eight (8) months for the construction contract. Activities performed under this task consist of furnishing a RPR during the construction of the project, to observe the performance of the work of the Contractor, who will: · Serve as CONSULTANT's liaison with construction contractor, working principally through the contractor's construction manager and assist him in understanding the intent of the contract documents. · Conduct on-site observations of the work in progress to assist in determining if the work is proceeding in accordance with the contract documents and that completed work conforms with the contract documents. Report, in writing, whenever CONSULTANT believes that work is unsatisfactory, faulty or defective, or does not conform to the contract documents, or does not meet the requirements of inspections, tests or approval required to be made, or has been damaged prior to final payment. MATHEWS 1/23./2004 7 ~') C o~. ,S.,,U~,_Tl~q_,q,22.ci TASK ORDER NO. U04-14-01 - N.W. 17~ AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMI'FrlNG, AND SERVICES DURING CONSTRUCTION · Accompany visiting inspectors representing public or regulatory agencies having jurisdiction over the project. Record, in writing, the outcome of these inspections and report same to CITY. · Consider and evaluate construction contractor's suggestions for modifications in · drawings or specifications and report them to CITY, in writing. CONSULTANT shall make recommendation for action by the CITY. · Furnish to the CITY weekly written reports of progress of the work, the level of detail of which will be sufficient to determine the progress of all activities on the contractor's construction schedule. 2. Review work progress at key steps to allow certifications to the SFWMD and PBCHD that work was c. omplete~d in substantial conformance with the Contract Documents.. Review to include verification that water mains were properly pressure tested and bacteriologically sampled to allow a "request for release of facilities to be placed into service" to be filed with the PBCHD. Assist the CITY in obtaining the appropriate PBCHD release for completed facilities. 3. In conjunction with CITY staff, make preliminary and final inspections and assist in the preparation of a Contractor "punch list" to achieve Substantial Completion. Review completion of identified punch list items to assist in the determination that Substantial Completion has been achieved by the Contractor. CONSULTANT shall be involved with the project through Contractor Closeout. Advise the CITY that Final Acceptance of the project has been reached in accordance with the Contract Documents. LIMITATIONS OF AUTHORITY Except upon written instructions of CONSULTANT, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on CONSULTANT's authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractors or Construction Manager, or expedite the Work. 4. Shall not advise on or 'issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not authorize Owner to occupy the Project in whole or in part. 6. Shall not participate in specialized field or laboratory tests. C. Assumptions In addition to, the work items discussed above, the following assumptions were made in establishing the scope of this Task Order and h'ssociated fee. Changes and/or modifications MATHEWS 1/23/2004 8 ~} ~.~.~ TASK ORDER NO. U04-14-O1 - N.W. 17a AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. The scope and budget are based on a closed system with exfiltration basins and/or a swale type system (i.e. no positive outfall). 2. CONSULTANT has not included any fees for replacement and/or rehabilitation of sewer pipe, manholes, and sewer services in this Task Order. If required by CITY, an Amendment to this Task Order will be executed for this work. 3. The CITY will provide CONSULTANT an electronic version of "front end" contract documents in MICROSOFT "WORD 97" version format (see attached Standard Procedures and Functions). 4. Surveying and legal work necessary to prepare document for and to secure easements (temporary and permanent) required for installation of the piping and improvements is the responsibility of the CITY. 5. Survey and acquisition of any easements (construction or permanent) for the new piping and improvements will be the responsibility of the CITY. 6. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the drawing files. Two sets of signed and sealed RECORD drawings will then be submitted by the Contractor to the CITY. One set of RECORD drawings will be provided to CONSULTANT for submittal to PBCHD. 7. CONSULTANT will attend up to two public meetings or hearings regarding the project. However, attendance at public meetings or hearings associated with permits applied for in support of the project is not included in the budget 8. Construction RPR hours are based on 30 weeks of actual construction (Monday through Friday) at 8 hours per day, for a total of 1,200 man-hours. 9. The CITY is responsible for all permitting fees, including costs of public notification in local newspapers. 10. The CITY will provide Mathews Consulting, Inc. an electronic version of CITY standard water main, stormwater, and street details in AUTOCAD Version 2000 format 11. A single permit application covering the proposed construction work will be prepared for submittal to each regulatory agency. 12. The design does not include survey work for verification of horizontal and vertical alignment of existing utilities within the project area. Utility location will be developed based upon the best information available from the owning utilities and information developed by the CITY. The design fee does not include survey work for establishing horizontal and vertical alignment of new utilities either during design or during SDC. 13. The Contract Documents will be prepared as a single contract (i.e. the water main replacement and stormwater piping work will not be prepared as separate packages within the same set of Contract Documents). No pre-purchase of materials and/or equipment is presumed. 14. A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services item. MATHEWS 1/23/2004 9 ~) CO ~N.,,S ..U~., ~,T~.fi..,,~c~ TASK ORDER NO. U04-14-O1 - NW. 17~ AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION 15. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item. 16. Contractor will be required to apply for and obtain Palm Beach County Right-of-Way Construction Utility Permit for Seacrest Boulevard. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and Mathews Consulting, Inc. E. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Amendment. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the design fee is based) is considered an Additional Services Item. Examples include: 1. Additional supervision or construction observation in excess of that specified in this Task Order. 2. Additional permitting assistance in excess of that identified in this Task Order. 3. Construction phase services are based on an estimated eight (8) month construction period from the time of the contractor notice-to-proceed to final inspection. If the period of construction is extended, additional time and expenses will be necessary. 4. Assisting the CITY in the settlement of construction contract claims. 5. Replacement of small diameter water mains and stormwater improvements at locations other than those identified in this Task Order. Additional lump sum fees will be developed as requested by the CITY for future work to include additional drawings, revised "front ends" and the preparation of additional bid documents. Bid services, SDC, and RPR will be extended as appropriate. 6. Field verification (horizontal or vertical) of existing utilities identified as being within the immediate area of the proposed pipeline. 7. Additional regulatory agency responses beyond the first response to an agency incompleteness and/or additional information request. 8. Development of property descriptions of easements, road right-of-ways, etc. Preparation of right-of-way or easement boundary surveys. MATHEWS 1/23/2004 10 TASK ORDER NO. U04-14-01 - N.W. 17~ AVENUE STORMVVATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION 9. Threatened or endangered species and species of special concern permitting or relocation work. 10. Archeological~istofical preservation permits, studies, or reports. 11. Surveying, flagging, or other work necessary to secure tree removal permits from the City, County, or other jurisdictions. 12. Design modifications to the Construction Contract Documents (i.e., change orders) required during construction. These and other services can be provided, if desired by the CITY, under separate Task Order(s) or by an amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY l. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the sewer system, water distribution system and streets within the project as necessary for the performance of services specified herein. This includes painting the locations of water mains and sanitary sewers and laterals in the field for the surveyor. · 2. The CITY shall review all drawings and other documents presented by CONSULTANT; obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULTANT. 3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall obtain approvals and permits from all governmental authorities having jurisdiction over the project. The CITY is responsible for the payment of all permit application fees. G. Compensation Compensation by the CITY to the CONSULTANT for all tasks except Tasks 1, 2, 6, and 7 will be on a lump sum basis in accordance with the above mentioned Agreement. Task 1 - Survey, Task 2 - Geotechnical, Task 6 - Services During Construction, and Task 7 - Resident Project Representative will be invoiced on a time and materials basis for the amount of work actually required by the project. The estimated compensation for the services described in this Task Order is $332,360.00 as shown in Table 1 below and detailed in Attachment 3. 1/23/2004 ll MATHEWS TASK ORDER NO. U04-14-01 - N W. 17~ AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN. PERMfl-I'ING. AND SERVICES DURING CONSTRUCTION TABLE 1: LABOR AND EXPENSE SUMMARY Labor Labor Hours Cost Expenses Total Cost Task 1 - Prepare Route Survey $91,500 $91,500 Task 2 - Geotechnical Services $7,000 $7,000 Task 3 - Design Phase 1,048 $95,990 $14,000 $109,990 Task 4 - Permitting Phase 46 $4,000 $500 $4,500 Task 5 - Bid Phase Services 37 $3,295 $3,295 Task 6 - Services During 293 $29,575 $500 $30,075 Construction (SDC) Task 7 - Resident Project 1,200 $84,000 $2,000 $86,000 Representative (RPR) Totals 2,624 $216,860 $115,500 $332,360 H. Schedule The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time per Phase Cumulative Time Task 1 - Survey 4 Months 4 Months Task 3 - Design 0) 6 Months 10 Months Task 4 - Permitting 2 Months 12 Months Task 5 - Bidding 2 Months 14 Months Task 6 - SDC (2) 8 Months 22 Months (1) Geotechnical will be completed during Task 3 - Design Phase. (2) RPR Services will be completed during Task 6 - Services During Construction. 1/23/2004 12 MATHEWS · TASK ORDER NO. U04-14..O1 - N.W. 17~' AVENUE STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - FINAL DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2004. SUBMITTED BY: Mathews Consulting, Inc. David L. Mathews, P.E. Vice President Dated this ?- ~ '''~ day of '"~"~ ~, o.~ %~ ,2004. MATHEWS 1/23/2004 13 ~) ¢i~ of Boynton Beach T~k Ord~ No. N. ~. 17tk ,4~mue ~torr,~at~r and H~at~3· Main Ir~ro~em~nt Project Proiect Summary Fee~ Labor C;=~ah'~cafion and Houd¥ Rates Senior Senior Principal Senior Field Resident Senior Admin. Sub- Engineer Engineer Repres, Inspector Designer Support Total Consultanl Reimbursable Task No. ,Task Description $115 $105 $95 $70 $75 $45 Labor Services Expenses t Suw~/ Subco~suliant- A¥irom & A.~ociatee 2. C,~h.;¢al $91,500 Subcor~uY, d,~; - DE& T ;3 l~ign Services $7,000 QA/QC 10 10 $2,200 Field Ve,i;~.ca~ofl 20 20 $3,800 Civil D,u~;¥. 250 100 450 S73,000 $2,000 Specifications 50 30 $7,1 O0 Cost Opinion 15 15 8 $3,660 ~,esit~. I~,,e~ r,.~, 16 16 8 10 S4,570 Communib/Involvement Meetings 4 4 8 4 $1,660 Subconsultent- Ground Hound $12,000 S--~,~,~; 365 145 486 52 4 P · .~ ~_-'::~ S~.,,;t Permit Appilc.~.~ 6 10 3 9 $2,370 Re~pu.d to EFI's and Mlg I~ SF'WMD 4 8 2' 4 $1.630 $.~.-'- 10 18 5 13 4 I~i~.~.;~ A~.:-:-~-e 15 8 4 10 $3,295 Sb~,;.~.:-; 15 8 4 10 $3,2H S CG~'~ ~C~-~ Ad~i~-;--'_-=-' ;un Services P[~.~.o;, ocr;on C~h;=, =¢~, 6 4 3 Sl ,245 Ger~.-a; Admir,;:,~d~;on 1 hrs/wk (30 :-.~'==~s) 30 $3,450 $.500 Site Visits (PM) 2 hrs~k (30 weeks) 60 $6,900 BkMonthl~ ,%',c~r~)= (16 total) 48 16 $6,240 Shop Drawin9 Rev~w 10 30 25 $3,425 Evaluate A~.~.'--'._ :;~,,s for Payment 16 Sl,840 C=,~T,~.ate of Construction Completion 15 4 $1,905 ~,-'--~:~-.~al/Final Inspec~,-,s - Prepare "punch list" 20 6 $2,570 $ u:.;~-'--; 205 34 54 $29,57S · ; .-'_e~_-_-'~_--M F¥o,;ect Repr~,-'--':ve 1200 $84,000 $2,000 S,~..'--; 1,200 S84,000 ~ ~h~ S~:.~,:--; Costs $68,425 $21,525 $84,280 $36,825 $3,805 $216,860 $110.500 $5,000 I =h~, Total ¢-~-_~-~ $215~60 Subc~nsultant Costs Total $110,500 Sub~,~oltant Mu#iplier 1.0 S '-' -~ ~ --= .;-_ _- -_- .~_~- ~ Total $t10,500 Relmbursabte Expenses $6,00~ Pro)ed Total $332A80 Attachment 3 Malflews Consulting, Inc. N SE II 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 20, 2004 (Noon) [] December 16, 2003 December !, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 17, 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 approve Task Order #U04-5-03 with CH2M Hill for Design Modifications, Bid Phase Services, Construction Management, and Services during Construction and an Evaluation Report for the Master Lift Station #309 Basin Sanitary Sewer Rehabilitation in the amount of $143,328.00. EXPLANATION: ~0~-e.-: L-~.l~'~'q~'~c'~ ~30~ ,%-L.OC~t~ ~ ~ ~ The Utilities Department has begun a program to identify and rehabilitate portions of the gravity sewer conveyance system to reduce infiltration and inflow (I&I). The first such project identified is Master Lift Station #309 basin. The area within the 309 Basin is just a portion of the entire Basin; therefore this project will be considered a "pilot project". The focus will be 4 sub-basins (LS #210, #202, #203, and #310) in the northeast quadrant of the City. The sewer conveyance system will consist of approximately 10,000 ft. of gravity sewer. Task Order U04-5-03 will consist of 2 phases; Phase I will consist of design modifications and Bid Services while Phase II will consist of Services during Construction, Construction Management and Engineering support. PROGRAM IMPACT: This task order was negotiated using our General Services Contract, which was approved 11-18-03. We have worked with the consultant to establish a projected allowance of his staff's time to complete the required task. Cost for the consultant will be based on actual time as reported in monthly reports and not a lump sum. The goal of this program will be to provide a significant reduction in I&I and to demonstrate a positive result from the rehabilitation methods used. This pilot project will also allow the department to establish cost of repair vs. cost of pumping and treatment at the regional plant. We can then determine the value of extending the I&I program into other areas of the city wastewater system. S:~BULLETINLFORMSX, AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The cost of Task Order #U04-5-03 is $143,328.00. Funds are available in account # 401-5000-590-96- 04, SWR095. ALTERNATIVES: Moving forward with an extensive I/I program, plus repairs can be extremely costly. The Utilities Department is looking at awarding lead contractors based on unit pricing, and engineering reports providing data collected for payback period, therefore controlling costs while gaining a reduction in treatment costs. Department City Manager's Signature Utilities Department City Attorney / Finance / Human Resources cc: Mark Law Jim Hart Barb Conboy S:~BULLETIN~ORM S~AGENDA ITEM REQUEST FORM. DOC CH2MHILL T R A N S MIT T A L To: City of Boynton Beach / Utilities From: Rick Olson Department 124 East Woolbright Road Boynton Beach, FL 33435 Attn: Mr. Tony Lombardi Date: January 20, 2004 Fie: Task Order 04-03 - Basin 309 Sanitary Sewer Rehabilitation We Are Sending You: x Attached Under separate cover via Shop Drawings Documents Tracings Prints Specifications Catalogs Copy of letter Other: Quantity Description 3 Executed copies of Task Order 04-03 for the Rehabilitation of portions of the 309 Sanitary Sewer Basin If material received is not as listed, please notify us at once Remarks: Copy To: DFB/TRN_022004_TLDOC 1 RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. U04-5-03 DESIGN MODIFICATIONS, BID PHASE SERVICES, CONSTRUCTION ~MANAGEMENT, AND SERVICES DURING CONSTRUCTION AND AN EVALUATION REPORT FOR THE MASTER LIFT STATION #309 BASIN SANITARY SEWER REHABILITATION IN THE AMOUNT OF $143,328.00;TO CH2M HILL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Utilities Department has begun a program to identify and portions of the gravity sewer conveyance system to reduce infiltration and inflow; WHEREAS, the first such project identified is Master Lift Station #309 basin, and portion of the entire basin will be considered a "pilot project"; and WHEREAS, this Task Order will consist of 2 phases; Phase 1 will consist of design and Bid Services, while Phase 1I will consist of Services during Construction, Management and Engineering support; and WHEREAS, the City Commission, upon staff's recommendation, has deemed it and in the best interests of the public, to approve Task Order No. U04-5-03 with for Design Modifications, Bid Phase Services, Construction Management, and gervices during Construction and an Evaluation Report for the Master Lift Station #309 Sanitary Sewer Rehabilitation in the amount of $143,328.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: - Change Orders',CH2M Hill UO4-5-O3.doc Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as tree and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida does ~ereby authorize and direct the approval and execution of Task Order Order No. U04-5-03 CH2MHILL for Design Modifications, Bid Phase Services, Construction Management, Services during Construction and an Evaluation Report for the Master Lift Station #309 Sanitary Sewer Rehabilitation in the amount of $143,3~8.00. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of February, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Change Orders~CH2M Hill UO4-5-O3.doc Task Order No. 04-03 Engineering Services for Design Modifications and Bid-Phase Services for the 309 Basin Sanitary Sewer Rehabilitation A. Background The City of Boynton Beach (City) has begun a program to identify and rehabilitate portions of the gravity sewer conveyance system to reduce infiltration and inflow (I&I). The first such project identified is Basin 309. The goal of this program will be to provide a significant reduction in I&I and to demonstrate a positive result from the rehabilitation investment. The City has previously prepared a preliminary evaluation and design for the remediation of the sanitary system within Basin 309. CH2M HILL has reviewed the preliminary information and has made recommendations for its modification prior to bidding the project. The documents primarily consist of a menu of bid items including chemical grouting, lining, and replacement of various sized pipes located within Basin 309 that will be implemented on a unit price basis. At the request of the' City, CH2M HILL has been requested to modify the existing contract documents and to focus the proposed rehabilitation measures on a "pilot project" within the 309 Basin rather than on the entire basin network. At this time the City has directed CH2M HTLL to focus the rehabilitation on four sub-basins (Basin 201, 202, 203, and 310) in the northeast quadrant of the City. Based on information provided by the City, it appears that this network consist of less than 10,000 linear feet of gravity sewer. Task Order 29 will consist of two phases; Phase I will consist of design modifications and bid phase services while Phase II will consist of Services During Construction, Construction Management, and Engineering Support. B. Scope of Services Phase I - Design Modifications and Bid Phase Services Phase I includes the following two tasks: Task 1 - Design Modifications A design has been prepared by Hartman and Associates, which consists of a menu of potential remedial options on an annual contract basis with up to a 5 year renewal period. The City's technical specifications form the basis of the design. During a review meeting conducted on September 3, 2003, it was decided that it would be a more prudent approach to limit the project area and duration. It was therefore decided that a "pilot project" of DFB~SOW_TSK_04-03_011904. DOC limited size and duration would be conducted to evaluate the proposed remedial approach for this project. The original design will be modified to reflect the City's intention to perform the rehabilitation in a limited area as a "pilot project". The outcome of this project may result in additional similar projects or a change in how work will be directed. The pilot work will be conducted within sub-basins 201, 202, 203, and 310 and will be evaluated following the completion of rehabilitation work. CH2M HILL will review and modify the technical specifications, incorporate the project boundary limitations identified by the City, and will modify the bid tabulation form to reflect anticipated quantities of work. CH2M HILL will also modify the design documents to correct inconsistencies identified during a review meeting conducted on September 3, 2003. Engineering drawings for the proposed improvements will not be prepared for this project. In addition, the engineer's estimate of probable construction cost will only reflect unit prices as the exact quantities (lengths) of each method of pipe repair can not be estimated. CH2M HILL will conduct the proposed modifications and then submit 3 copies of the Draft Final Design to the City for review. The City will review the document and will then provide one set of consolidated comments or attend a review work shop. The comments will be incorporated or reviewed with the City to provide resolution. The final design will be submitted within one week of receipt of the review comments. In addition to the Final Design, CH2M HILL will prepare a decision matrix that will guide the rehabilitation process. The decision matrix will incorporate the observed field conditions and will guide the City, CH2M HILL, and the Contractor in the direction of the preferred remedial method. The decision matrix will be periodically updated to reflect proven rehabilitation methods. Task 2-Bid Phase Services Based on the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project Management Team,' (provided by the City) the following services will be provided under Task 2: Prepare and Distribute Design Documents to Project Manager, Procurement Department and City Clerk - Three sets of the contract and technical specifications will be prepared, bound, and distributed to the appropriate groups within the City. Distribute Plans to Interested Contractors and Maintain Plan Holders I.ist - CH2M HILL will copy the contract documents and have them available for sale to interested contractors. The cost for reproduction will be borne by the contractors through the sale price (to b& determined). CH2M HILL will maintain a list of all plan holders that have purchased plans through the Deerfield Beach, Florida, office. This information will sent to the City's procurement office on a weekly basis. Answer Technical Questions from Contractors - CH2M HILL will provide general answers to contractors regarding this project. Answers will be in the form of verbal communication and will be general in nature.. If questions arise that identify inconsistencies or omissions, CH2M HILL will contact Procurement Services to assist with the preparation of an DFB~SOW_TSK_O4-O3_O11904.DOC 2 addendum. CH2M HILL will prepare the technical response. The City's Procurement Services department will be responsible for issuing technical clarifications and addenda. Conduct Pre-Bid Meeting- CH2M HILL's project manager will conduct the pre-bid meeting with the assistance of the City's Project Manager. CH2M HILL will provide answers to technical questions that arise. The meeting will be conducted at a time and location selected and coordinated by the City's Project Manager. CH2M HILL will maintain a contractor's sign-in sheet and will prepare meeting minutes. Attend Bid Opening Meeting - CH2M HILL's project manager will attend the bid-opening. It is assumed that the City's Procurement Office will conduct the meeting and that meeting minutes will not be prepared. Assist With Bid Evaluation - CH2M HILL will tabulate the bids and prepare a summary table for the City that identifies bid item, unit prices, and any assumptions provided by contractor. The bid summary will also include the Engineer's estimate of probable construction cost on a unit price basis. CH2M HILL will review the references and background of the apparent low bidder. A letter summarizing the bid tabulation and the results of the reference check will then be submitted to the City: If the City rejects the apparent low bidder, CH2M HILL will conduct a reference review on additional bidders. Phase II - Services During Construction / Resident Observation / Engineering Support Phase II will consist of services during construction, resident observation, engineering support of the construction activities for the four identified sub-basins, and the preparation of a sttmmary report. Following comments by the City, Phase II activities will now be included and funded as part of this task order. Phase II will consist of the following activities: Submittal documentation, review, and evaluation · Pay application processing · Respond to Requests for Information (RFIs) · Evaluate and negotiate Requests for Change Orders (RCOs) · Provide field resident observer during all diagnostic and repair activities · Provide senior engineer t° evaluate proposed remedial measures · Prepare a summary report of rehabilitation methods The exact scope and level of effort for Phase II activities can not be defined at this time. In order to fund this phase of the project, the City has requested that CH2M HILL provide services for Phase II activities on a Time and Materials (T&M) basis with an estimated level of effort and duration. Phase II consists of the following three task: Task 3 - Construction Administration The level of effort is dependent on the duration of the construction and the magnitude (length) of the demonstration project. For the purpose of budget estimation, CH2M HILL has been directed by the City to assume that the demonstration project will be performed on sub-basins 201, 202, 203, and 310 for a total length of gravity sewer not to exceed 10,000 feet. DFB~SOW_'rs K_O4-O3_O11904.DOC 3 It is understood that the fees presented in this proposal are estimates and are not guaranteed and are dependent upon authorization by the City. Specific tasks will include the following: · Prepare for and conduct a pre-construction conference. Prepare and distribute the meeting minutes. · Review shop drawings and other construction related submittals. · At the request of the City, attend periodic construction project meetings. · At the request of the City, assist in the technical interpretations of the contract documents, and the evaluation of requested deviations from the approved design or specifications. · At the request of the City, evaluate any required design changes, and if requested, assist the City in preparing the required design changes and drawings. · At the request of the City, assist in negotiating the scope and cost of necessary change orders. · At the request of the City, perform a pre-final inspection of the project areas and assist in the preparation of a final "punch list" for project close-out. ~ · Assist the City with the evaluation of requests for payment by the Contractor. Task 4 - Resident Observation I Engineering Support During field activities, it is anticipated that CH2M HILL will provide resident observation on a half-time basis. The field resident will be on site to observe data gathering (Television monitoring) of all sanitary lines and will evaluate the observed conditions with respect to the menu of remedial measures. The field engineer will be supported by a senior conveyance engineer during the duration of the field activities. It is anticipated that following data gathering, the field engineer and senior engineer will prepare a recommendation to the City on how to proceed with pipe rehabilitation. The field engineer will prepare a memorandum to the City identifying the conditions observed, the recommended course of action from the decision matrix, and the anticipated duration and cost (using the awarded unit prices in the Contractor's proposal). For the purpose of this fee proposal it is assumed that the field engineer will be dedicated to this project and will be working on a half time basis during the entire task. It is also anticipated that the senior engineer will be available to the field engineer and win dedicate approximately fifteen-percent of his chargeable time to this project. The exact duration of the project can not be estimated due to various rehabilitation measures that may be used. For the purpose of this proposal it is assumed that Task 4 will consist of the following durations: · Data gathering- 2 weeks · Rehabilitation Memorandum- 2 weeks · Construction Oversight- 16 weeks It is assumed that if sanitary lines are replaced during this project, the Contractor win prepare record drawings for review by the engineer and City on paper and electronic formats. DFB~OW_TSK_04-03_011904. D0C 4 Task 5 - Evaluation of Rehabilitation Methods Report Upon completion of the demonstration project, CH2M HILL will describe the general condition of the system in this project area, discuss the final decision ladder used, quantify methods used to address system problems, provide an opinion of which methods were the most useful and applicable to the condition of the existing system, provide an economic analysis of actual rehabilitation to replacement costs and make a recommendation how the City should proceed to address similar problems in other sections of the system. C. Assumptions · City will provide record drawings of gravity and force main system in the vicinity of Sub basins 201, 202, 203, and 310. · CH2M HILL will modify technical specifications (design) developed by Hartman and Associates and provided in an electronic format by the City. Technical specifications are based upon the City's master technical specifications. · Modified design will consist of technical specifications only - no drawings will be developed as part of this task order. · No additional testing or field evaluations will be provided as part of this task order. · No permits are anticipated - permitting services are not included in this task order. · Cost estimates will be prepared for proposed rehabilitation methods using the negotiated unit rates. A pre-bid cost estimate will not be prepared. · The City has directed CH2M HILL to perform the pilot project on sub-basins 201, 202, 203, and 310 with an assumed total length of gravity piping of less than 10,000 feet. · The City will complete their review of the draft final design within one week of submittal. D. Contract Reference Thia Ta_sk Order ~hall be performed under the terms and conditions described withkt the Agreement for General Engineering Consulting Services dated November 2003, between the City of Boynton Beach and CH2M HILL, Inc. E. Compensation Compensation by the CITY to the CONSULTANT for Phase I will be on a time and materials basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order is $143,328 as shown in Table 1. DFB~SOW_TSK_04-03_011904.DOC 5 TABLE 1 Basin 309 Gravity Sewer Rehabilitation Labor Labor Cost Expense Cost Total Hours 104 $14,864 $1,200 $16,064 Task 1 - Design Modifications 90 $9,162 $750 $9,912 Task 2 - Bid Phase Services Task 3 - Construction 248 $28,224 $2,750 $30,974 Management 746 $71,210 $6,000 $77,210 Task 4 - Services During Construction ! Engineering Support Task 5 - Evaluation of 84 $8,168 $1,000 $9,168 Rehabilitation Methods Report 1,272 $131,628 $11,700 $143,328 TOTAL F. Schedule The CONSULTANT will commence Phase I Services upon receipt of written authorization and will complete the work according to the table below. Task 1 - Design Modifications 3 weeks after Notice to Proceed Task 2 - Bid Phase Services 6 weeks following the completion of Task 1 Anticipated Schedule: Notice to Proceed with Phase I - February 17, 2004 Complete Task 1 - March 12, 2004 Advertise Project / Task 2 - March 26, 2004 Bid Opening - April 16, 2004 Commission Approval of Construction Contract - May 19, 2004 Begin Construction Phase Activities - May 30, 2004 Compete Demonstration Phase of Project - November 1, 2004 Submit Evaluation of Rehabilitation Methods Report -~ December 1, 2004 DFB~SOW_TS K_O4-O3_O119~4. DOC 6 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By:. Kurt Bressner, City Manager Dated this __ day of ,2004. SUBMITTED BY: CH2M HILL, INC. ~a~ct~sident, Area Manager Dated this~-~--~day of ~"'a~a_~-~ ,2004 D FB~SOW_'rs K_04-03_01 t 904. DOC 7 1 in. -- 870.4 feet Lift Station 309 Basin VI.-CONSENT AGENDA CITY OF BOYNTON BEd ITEM C.6. 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 20, 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 17, 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: Staff recommends that Resolution No. R03-196 be rescinded, and a new Resolution be passed approving a Task Order for Kimley-Horn and Associates, Inc., for professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area. EXPLANATION: The Commission previously adopted Resolution No. R03-196, authorizing an agreement with Kimley- Horn and Associates, Inc., to provide services for professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area. Kimley-Horn has already been selected to provide consulting services to the City and is available through the task order process. They have requested that they be allowed to perform this work under the task order process rather than under another contract. PROGRAM IMPACT: None. FISCAL IMPACT: N/A ALTERNATIVES: None. Department Head's Signature ~ City Manager's Signature Department Name / City Att°r~e-0 lbin~e / Human Resources S:'xBULLETIN~ORMSLa, GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 04- A RESOLUTION OF THE C1TY OF BOYNTON BEACH, FLORIDA, RESCINDING RESOLUTION NO. 03-196, AND APPROVING A TASK ORDER WITH KIMI.EY-HORN AND ASSOCIATES, INC., FOR PROFESSIONAL PLANNING AND ENGINEERING CONSULTING SERVICES ASSOCIATED WITH A PROPOSED AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN TO DESIGNATE A TRANSPORTATION CONCURRENCY EXCEPTION AREA (TCEA) W1THIN THE CRA AREA (PROJECT NO. 044349005.1); AUTHORIZING THE CITY MANAGER TO EXECUTE THE TASK ORDER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, approved Resolution No. 03-196 on December 2003, authorizing execution of a contract with Kimley-Hom and Associates, for planning and engineering consulting services for project No. 044349005.1; and WHEREAS, Kimley-Hom and Associates, have previously been selected to provide :onsulting services to the City under the task system process, and is available through that to perform services for the City; and WHEREAS, to avoid any inconsistencies with the previous agreement between the of Boynton Beach and Kimley-Hom and Associates, it is in the best interests of all )arties involved to rescind Resolution No. 03-196, which authorized a new contract, and the task order for project No. 044349005.1, which is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT:' Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida does Resolution No. 03-196, and hereby authorizes and approves the task order for project 044349005.1 for professional planning and engineering consulting services associated a proposed amendment to the City's Comprehensive Plan to designate a Transportation :y Exception Area (TGCEA) for the City of Boynton Beach within the CRA area. Section 3. The City Manager and City Clerk are authorized and directed to said Task Order. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of February, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ' Seal) and Associates, Inc. November 24, 2003 · 443~ Embarcadero Drive West Palm Beach, Flodda Mr. Dale Sugerman 33407 Assistant City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 Dear Mr. Sugerman: Kirnley-Horn and Associates, Inc. ("KHA" or "the Consultant" Or "We") is pleased to submit this letter agreement (the "Agreement") to the City of Boynton Beach ("the Client") to provide professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan being considered by city officials to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach downtown area. TCEA BACKGROUND It is our understanding that the Boynton Beach Community Redevelopment Agency (CRA) and the City of Boynton Beach ("the City") seek to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6)(a)(2) of the Florida Administrative Code. The City has recently updated the redevelopment plans for the areas integrating mixes of land uses and encouraging multi-modal transportation options. Nonetheless, the plans are expected to create additional vehicular impacts both within the proposed TCEA and the adjacent areas. The intent of the TCEA establishment is to facilitate implementation of these plans through elimination of the transportation concurrency requirements. Instead, the TCEA plan will include strategies for traffic impact mitigation and management, and contribute to the creation of a livable and sustainable community in the downtown Boynton Beach area. Application for a TCEA can only be made by a municipality or the County. The TCEA is adopted as an amendment to the City's Comprehensive Plan and to the Traffic Performance Standards Ordinance (TPSO) which involves an amendment to the County's Comprehensive Plan. These amendments are reviewed by various state and local agencies including adjacent cities, various county departments, the Treasure Coast Regional Planning Council, Florida Departments of Transportation and Community Affairs. TEL 56'1 845 0665 FAX 56'1 863 8175 and Associates, Inc. Mr. Dale Sugerman, November 24, 2003, Page 2 of 8 TCEA GOALS The TCEA process will serve many purposes in addition to providing the mechanism to achieve the desired land use plan for the CRA. Mixed-use development within the CRA will promote a larger market for transit. With the anticipated increase in number of downtown city dwellers, there will be an increased demand for bus, rail, and other multimodal transit providers. This demand will reduce the reliance on automobiles for individual transportation needs, and in turn, assist the development of non-automotive modes of transportation such as bicycles or walking. Furthermore, the following economic, social, and environmental goals of the CRA will be made possible by implementation of the TCEA: · Increase the quality of urban life through a pedestrian-friendly environment. Improve conditions for people (cleaner air, friendlier surroundings, and more trees). · Provide a wider choice of transportation and urban life-style options. · Encourage opportunities for economic development by promoting the downtown. · Create safe and attractive streets by reducing the negative effects of motor vehicles on the environment. · Increase property values through redevelopment. · Promote pedestrian, bicycle, and transit use. · Conserve natural resources including energy and land by reducing vehicle trips and single occupancy vehicles. · Build an equitable transportation system. SCOPE OF SERVICES The following scope of services is offered to help the CRA and the City achieve the ultimate vision of the CRA redevelopment plan by amending the City of Boynton Beach Comprehensive Plan to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6) of the Florida Administrative Code and Section 15.(I) N of the Palm Beach County Land Development Code. TCEA TASKS Task 1 - TCEA Definition and ,]ustificafio,, The initial step will be to designate the boundaries of the TCEA in accordance with Department of Community Affairs (DCA) Rule 91-5.005(2). This will involve coordinating with City staff to present consistent area delineation for use in the Comprehensive Plan Amendment and TCEA Applications and to help justify the boundaries in relation to the goals, objectives and policies of the City's Comprehensive Plan. It is our understanding that the City intends for the and Associates, Inc. Mr. Dale Sugcrman. November 24, 2003, Page 3 of 8 proposed TCEA to exclude the CRA areas south of Woolbright Road, north of the Boynton Beach canal, and the area west of Interstate-95. A review of the Existing and Future Land Use Map Data as provided in existing City Comprehensive Plan will be performed to evaluate the existing and proposed land uses within the CRA. In order to develop traffic projections for the CRA, this evaluation will be supplemented by site-specific land use types and intensities provided by the City and CRA. Vacant land use data as provided by the City or CRA will be utilized to determine applicability of TCEA justification options under Rule 9J-5. Site-specific data or vacant land use data not provided to KHA may have to be compiled (as an Additional Service) by a review of current GIS (Geographic Information System) data available from Palm Beach County. It is a requirement of the Palm Beach County Traffic Performance Standards Ordinance (TPSO) that a Pre-Application Meeting be held as a part of the TCEA procedure. Kirnley-Hom will schedule an initial pre-application meeting to include a technical methodology discussion with representatives of both the Palm Beach County Traffic Division and Planning Division (who will be responsible for inviting other representatives of other agencies or municipalities). We will prepare a methodology document-to present the techniques that will be used in the analysis. We will attend the meeting to present the methodology to agency representatives in attendance. Task 2 - TCEA Analysis In accordance with requirements of the Department of Community Affairs (DCA) and Palm Beach County, a traffic analysis will be prepared to address the impacts of the TCEA on the surrounding area, adjacent municipalities and the Florida Intrastate Highway System (FIHS). Information provided by Palm Beach County and other agencies during the Pre-Application and Methodology Meeting will be evaluated for incorporation into the analysis. This is expected to include daily and peak hour analyses and will address short and long range projections of traffic conditions. The long range analysis will involve a 2025 evaluation of traffic conditions in the downtown Boynton Beach area. Up to six (6) intersections will be analyzed (as needed) as part of Task 2. An evaluation of the existing transportation network will be performed, including roadway conditions, available transit options (such as PalmTran routes or access to TriRail service), as well as pedestrian and bicycle facilities. Existing traffic count data will be obtained from the City of Boynton Beach, Palm Beach County, and the Florida Department of Transportation. Based on the land use data provided in Task 1, a trip generation analysis will be undertaken for the proposed CRA land use utilizing trip generation rates from Palm Beach County and current edition of the Institute of Transportation Engineering's Trip Generation Report. Trip generation calculations for unique and Associates, inc. Mr. Dale Sugm-ma~, November 24, 2003, Page 4 of 8 land uses not specified by ITE or Palm Beach County will be developed using assumptions or acceptable methodology. The Palm Beach County Florida Standard Urban Transportation Model Structure (FSUTMS) for the 2025 analysis year will be modified to appropriately represent the proposed CRA land use plan as defined in Task 1. The FSUTMS model data will be utilized to obtain historical growth information for non-CRA background traffic as well as to assign CRA project trips to the surrounding network. The outcome of this task will be a preliminary TCEA Justification Report including initial recommendations as to mitigation strategies. Task 3 - Al~encv Meetings and Coordlnotio,, Based on the initial review of the TCEA Justification Report, additional inter- agency meetings are expected. We have estimated the need for up to six (6) of these meetings, which may include staff meetings, technical meetings, neighborhood workshops and public hearings as authorized by the City. These could include the required public hearings needed to adOpt the TCEA application including meetings at County Land Use Advisory Board, County Commission, and relevant City advisory boards and City Commission. Review comments received during agency meetings will be evaluated to determine if updates of the preliminary TCEA justification reports are required prior to transmittal to the Department of Community Affairs (DCA). Up to two (2) updates of the TCEA justification report (assuming no significant modifications to agreed methodology) are envisioned under Task 3. .Task 4 - TCEA Mitigation Strategit,~. As part of the TCEA Justification Report, KHA will refine specific mitigation strategies to alleviate the potential impacts of concurrency issues within the study area. The TCEA mitigation plan will include recommendations addressing the following multimodal transportation strategies: Potential geometric design improvements to both roadway and intersection locations that will increase capacity and improve traffic operations within the study area. · Recommendations for neo-traditional design optioris, as well as feasible traffic calming measures throughout the study area. · Transit Circulator Plan, Bikeway Plan, and a Pedestrian Network Plan. · Potential land use intensity modifications, land use phasing plan, or mixed-use intensity ratio limitations. · Transit Oriented Design (TOD) Recommendations. · Transportation Demand Management/Transportation Demand Initiative (TDM/TDD alternatives. and Ass0cJales, inc. Mr. Date Sugennan, November 24, 2003, Page 5 of 8 /llustrative graphics utilizing available software will be prepared to summarize the recommended plans. Mitigation strategies will be prepared in draft format for review by City staff prior to submittal to Palm Beach County or DCA. .Task 5 - TCEA Comprehensive Plan Amendments,: KHA will incorporate the proposed strategies and recommendations for transportation operations within and around the TCEA in the Traffic Element of the City of Boynton Beach Comprehensive Plan. In this task, we will work with the City to develop a set of mutually supportive Goals, Objectives and Policies (GOP's) to guide transportation decision-making related to the implementation of the TCEA in the City. Even though we understand that the City intends to make a substantial modification to the current Traffic Circulation Element, we will review the current element for purposes of identifying any useful portions to carry forward into the updated element or recommend modifications to existing language. GOP's will be developed to address the following matters: Project priorities Funding allocations - Potential funding sources - Land use patterns Multi-modal approaches - Parking provisions - Roadway safety - Level of service Typical sections for City streets - Amenities for transportation users Neighborhood planning Traffic calming - Street aesthetics A draft version of the Transportation Element as modified to incorporate TCEA goals, objectives, and policies will be submitted to City of Boynton Beach CRA staff prior to transmittal to Palm Beach County or DCA. .Task 6 - TCEA Tran~'mittal Paeka~ The finalized traffic analyses, mitigation strategy plan, and updated Transportation Element will be compiled for transmittal to DCA. KHA will attend Transmittal Hearings for the City and County as needed to transmit the TCEA package to DCA. Up to fifteen (15) copies of the transmittal dOCument will be prepared for submittal to DCA. and Associates, Inc. ~. Dale Sugcrman, November 24, 2003, Page 6 of 8 Task 7 - ORC Response Packag~ After transmittal to DCA, a 60-day review window begins for DCA to review the transmittal document, coordinate input from other agencies and offer its Objections, Recommendations, and Comments (ORC) report related to the traffic analyses and Transportation Element updates. KHA will review the ORC report prepared by DCA and prepare a written ORC response. Significant changes in TCEA methodology or previously agreed upon goals, objectives, and policies of the Transportation Element will be discussed with CRA, City and County staff prior to ORC response. Due to the uncertain nature of the extent of DCA's ORC comments, the magnitude of effort to appropriately address them is unknown. We will prepare for and attend Palm Beach County's final ado tion ' formally approve the TCEA within the designated CRA area. p heanng to TASKS NOT INCLUDED There are additional efforts that may be needed to be pursued by the City but have not been included in the core scope for develoPment and adoption of the TCEA and RAC. These efforts include: Regional Activity Center (RAC) Application · Vacant land inventory · GIS data compilatioa~ · Additional traffic analysis or modeling · Attendance at additional meetings beyond those identified above · Additional meetings with DCA · Traffic/system inventory data not made available by the City, County, or FDOT · Update of Future Land Use Map (FLUM) o Comprehensive Plan Impacts to Elements other than the Transportation Element o Consistency of FLUM with CRA Redevelopment Plan · Other Additional Services not described herein SCHEDULE We will provide our services as expeditiously as practical to meet a mutually agreed upon schedule. It is our understanding that the City of Boynton Beach has already filed their TCEA application for Palm Beach County's Round 1 schedule for 2004 for comprehensive plan amendment related to the TCEA. and Associates, Inc. Mr. Dale Sugerm. aa, November 24, 2003, Page 7 of 8 FEE We wilt perform the services outlined in Tasks ! through 4 for a rump sum fee of $56,000 as follows: Task 1 - TCEA Definition and Justification Task 2- TCEA Analysis $6,000 Task 3- Agency Meetings and Coordination $25,000 Task 4- TCEA Mitigation Strategies $7,000 $I8,000 Based on the preliminary nature of the requirements of the TCEA Application the following fee estimates are offered 'for the remaining tasks to be performed on an hourly rate basis: Task 5 - TCEA Comprehensive Plan Amendments Task 6- TCEA Transmittal Package $18,000 Task 7 - ORC Response Package $10,000 $20,000 All permitting, application, and similar project fees will be paid directly by the Client. and Associates, Inc. Mr. Dale Sugerman, November 24, 2003, Page 8 of 8 CLOSURE In addition to the matters set forth herein, our agreement shall include and be subject to, and only to, the terms and conditions of the Continuing Consulting Services Agreement. The term "the Consultant" shall refer to Kimley-Horn and Associates, Inc. and the term '~the Client" shall refer to: City of Boynton Beach. If you concur in all the foregoing and wish to direct us to proceed with the services, p/ease have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us for our files. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. Kimley-Horn appreciates the opportunity to serve the City of Boynton Beach. Please contact Jason Matson or Fred Schwartz if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. ~ t~ryan T. Rapp Associate Regional Business Manager FWS:jbm The ~ By: Kun.-r (Print or Type Name) ^u&O ,.ed by VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM AGENDA ITEM REQUEST FL _ 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 NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve request from Boynton Veterans Council, through the American Legion Club, to place a 24"x28"monument and dedication plaque to the Submarine Veterans of World War II at Intracoastal Park. EXPLANATION: In recognition of vanished U.S. Navy submarines, the Boynton Veteran's Council would like to install a monument at Intracoastal Park. According to Tom Kaiser of the Boynton Veterans Council, the Submarine Sailors of WW H suffered roughly 25% casualties during the war with a loss of life of about 3,500 sailors. A group of Submarine Veterans still meets monthly at American Legion Post 64 here in Boynton Beach. A master plan showing the location of existing plaques and the proposed monument and plaque is attached (Exhibit 'A '). In the future, if approved, additional monuments may be balanced along the sitting wall or along the north and south perimeter of the ceremonial area. Sufficient room could be left so public gatherings are not impacted. PROGRAM IMPACT: The monument will not only enhance and beautify the park, but it will also bring attention to the sacrifices made by U.S. service men and women. The park would be one of the many locations in the state that includes lasting tributes to veterans of war. Content will be concise and appropriate to the overall intent of honoring our WWII Submarine Veterans. An illustration of the proposed plaque and inscription is attached (Exhibit 'B '). A copy of the letter request is also attached (Exhibit 'C'). FISCAL IMPACT: None ALTERNATIVES: Do not approve installation of monument. Department Head s Signatur7 i/~ City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: John Wildner, Parks Director CC: Wilfred Hawkins, Assistant City Manager ~ t,/ FROM: Michael J. Pawelczyk, Assistant City Attorney~/ DATE: February 10, 2004 RE: City of Boynton Beach ("City")~Donation Agreement Monument at Intracoastal Park Attached is the final version of the above Donation Agreement, incorporating your previous comments, for your review. If satisfactory, please have the document executed by the Donee prior to placing this item on the City Commission Agenda for consideration. You indicated that the donating party was the American Legion Post 164. There is no corporation listed under that name in the records of the Florida Department of State, Division of Corporations. However, there is an active non-profit corporation having the name, "AMERICAN LEGION CLUB OF BOYNTON, FLORIDA, INC." Please confirm that the name utilized in the Donation Agreement is the correct legal name of the donating party. Should additional changes be necessary, let us know and we can produce another revision of the Donation Agreement. If you wish to discuss this matter further, please do not hesitate to contact our office. MJP:mjp Attachment \XJGCDE_FS\LIBRARYX1990\900182.BBhMEMO 2004\Wildner (Donation Agreement2).doc 1 RESOLUTION NO. 04- - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND APPROVING THE 5 DONATION AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND THE AMERICAN LEGION CLUB 7 OF BOYNTON BEACH, FLORIDA AND AUTHORZING 8 THE CITY MANAGER AND CITY CLERK TO EXECUTE 9 THE AGREEMENT; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to 13 in the best interests of the citizens and residents of the City of Boynton Beach to approve 14 Donation Agreement between the City of Boynton Beach and the American Legion Club 15 Beach, Florida, Inc. for the donation of the monument and plaque dedicated to the 16 Veterans of World War II at the City's Intracoastal Park. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 tree and correct and are hereby made a specific part of this Resolution upon adoption 21 22 Section 2. The City Commission of the City of Boynton Beach, Florida does 23 authorize and approve the Donation Agreement between the City of Boynton Beach 24 American Legion Club of Boynton Beach, Florida, Inc., said Agreement is attached 25 as Exhibit "A". 26 Section 3. The City Manager and City Clerk are authorized and directed to 27 said Agreement. 28 Section 4. This Resolution shall become effective immediately upon passage. 29 PASSED AND ADOPTED this ~ day of February, 2004. 1 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Clerk 21 22 Seal) 23 24 25 DONATION AGREEMENT THIS IS AN AGREEMENT, entered into on this __ day of , 2004, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City", and AMERICAN LEGION CLUB OF BOYNTON, FLORIDA, INC., a Florida not-for-profit corporation, located at 571 West Ocean Avenue, Boynton Beach, Florida, hereinafter "Donor." WHEREAS, the Boynton Beach Veterans Council, through the American Legion Club of Boynton, Florida, Inc., a/k/a American Legion Post 164, desires to place a monument and a 24" X 28" dedication plaque recognizing the Submarine Veterans of World War II at the City's Intracoastal Park in the Veterans section of the Park; and WHEREAS, the addition of the monument and plaque will serve to enhance and beautify the Park, while recognizing the heroic actions and sacrifices of World War Il Submarine Sailors; and WHEREAS, the City Commission of the City of Boynton Beach desires to accept the donation of the monument and bronze dedication plaque, and finds the donation to be in the best interests of the citizens and residents of the City of Boynton Beach; IN CONSIDERATION of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Donation Agreement. Section 2. Donor donates, gives, grants, transfers, assigns and conveys to the City, its heirs and assigns, all right, title and interest to, and the City accepts said donation ora Monument and a 24" X 28" bronze Dedication Plaque honoring World War Il Submarine Veterans. Donor shall be responsible for the design, casting, and installation of the Monument and Plaque, and any and all costs and expenses associated therewith or in connection with this Donation. The Monument and Plaque shall be installed before April 15, 2004, 2004, in the location set forth on the Master Plan, Donation - Intracoastal Park Rev. 02/10/04 attached hereto and incorporated herein as Exhibit "A". The Plaque shall be mounted on a white stone, and the design and casting shall be consistent with other monuments and plaques already at the Park. Donor will be utilizing the Matthews Company to design and cast the Monument and Plaque, and agrees that such Monument and Plaque design shall be first approved by the City Manager of City prior to any casting and installation. Donor has represented that the proposed design of the Plaque will be in a form substantially similar to that set forth in the attached Exhibit "B". The Monument and Plaque shall be installed by Donor within the time provided in this Agreement and after such time and date for installation having been coordinated with the City's Parks Director to avoid conflicts with Park activities and events. Section 3. Donor acknowledges and assures that it has full authority to donate, give, grant, transfer, assign and convey all right, title and interest in the Monument and Plaque to City. Donor further acknowledges that City has the right and full discretion to determine what items, including monuments, plaques, and the content thereon are to be permanently affixed on, at, over, or in Park property. Section 4. No logos or advertisements of any kind, commercial in nature or otherwise, shall be permitted on the Monument or Plaque except as otherwise agreed to by the City. Section 5. The City will work with Donor to coordinate the installation of the Monument and Plaque. The City agrees to maintain the landscaping and grass around the Monument for as long as the Monument and Plaque remain at the designated location at Intracoastal Park.. Section 6. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: CITY OF BOYNTON BEACH By. Mayor By_ City Manager (CORPORATE SEAL) ATTEST: Approved as to Form: City Clerk Donation - Inlracoastal Park Rev. 02/10/04 City Attorney WITNESSES: AMERICAN LEGION CLUB OF BOYNTON, FLORIDA, INC. -{3 0 tl r/ ~L.' (~[ t'r~ ,5 Wt' President ATTEST: (CORPORATE SEAL) Secretary STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was aCknowledged before me this ., 2004, by and ., as President and Secretary, respectively, of the AMERICAN LEGION CLUB OF BOYNTON, FLORIDA, INC., a Florida not-for-profit corporation, on behalf of the Association. They/he/she are/is personally known to me or have/has produced as identification and did not (did) take an oath. (SEAL) Notary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Typed, Printed Or Stamped My Commission Expires: Commission Number H:\1990'O00182.bb~gmt',Donafimq - Monurmmt. doc Donation - Inlzacoastal Park Rev. 02/! 0/04 7 I 0 --t ---< Exhibit "A" ~ Sir ~d Ffi~ s~ble Monist ~ ~d~ to ~ V~s ~on ~ ~~ P~ 2~ :s ~_ p~ ~~,o*~ s~.V~ of~~w- Still m~ money ~ ~ ~~' ~ :, ~e dcM~ ~ c~g ~c ~ ~e Ma~e~ ~mpm~y ~ u~ ~C~:z ac'y:~:- z:~'s fo~ ~e ~iaen~ of Boron is ~t n~ ~nly ~1 it ~m~ ~d ~ o~ z~e~:-~ cea~ ~k bm ~t ~e ~j~ is ~ ~ for in ~.apk Y~u for ~ yo~ ~lp ~d ~M~ ~ we ~!1 ~ve Mo~ R~Y- . EXhiBit ,,C,, VI.-CONSENT AGENDA CITY OF BOYNTON BE 4 ITEM D.1 AGENDA ITEM REQUEST 1, 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 maintain this tabled item on the February 17, 2004 City Commission Agenda under consent agenda. This tabling was at the request of the applicant to allow for formal review by an adjacent homeowners' association prior to Conmdssion review. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-295. EXPLANATION: PROJECT: Venetian Villas (NWSP 03-021) AGENT: Michael Hoeflinger, Atlantis Development Group LLC OWNER: RSPB, LLC LOCATION: South side of Southwest 23ra Avenue (Golf Road) appx. 600 feet east of Congress Avenue DESCRIPTION: Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel zoned R-3. As explained in the staff report, this property is the subject of a 1989 "Stipulation and Settlement Agreement" between the original property owners and the City of Boynton Beach. While the Agreement allowed the rezoning to the R-3 district, it restricted the use of the property to an Adult Congregate Living Facility (ACLF). Additionally, the Agreement governs building height, roof pitch, parking lot lighting, dumpster placement, use of the LWDD Canal right-of-way, buffering, and landscaping. The previous development application submitted by Land Design South was allowed to be reviewed despite the Agreement, pursuant to two subsequent Joint Motion and Agreed Orders authorized by the court. Since these Agreed Orders were project specific, the court must again be petitioned to allow the current project to be reviewed in conflict with the Settlement Agreement. If ultimately supported by the City, both parties would petition the courts to amend the Settlement Agreement consistent with the approved site plan. Staff has reviewed this Project against the LDR, the requirements of the Settlement Agreement, and for impact upon the surrounding neighborhood. The project complies with most of the site requirements of the Agreement; however, staff supports amendment of the Agreement to ensure that lighting levels meet minimum city standards, and to promote consistency of the rear buffer wall with the adjacent project. To assist the Coimnission with this review, staff has identified within the conditions of approval, the development requirements of the Settlement Agreement and specifically where a conflict exists which should be corrected on the plans or through amendment of the Agreement. If approved by the Commission, the ultimate approved site plan, including all conditions of approval would be the subject of the request to the courts for amendment of the original Stipulation and Settlement Agreement. S:~BULLETIIxBFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Deny project and continue recognizing original Settlement Agreement and its limit to ACLF use. De~lO~n~ent~D-e~'fififne~l~Director City Manager's Signature S:x,BULLETINLFORMSL~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN]'NG AND ZON]'NG D/VZS]'ON MEMORANDUM NO. PZ 03-295 STAFF REPORT TO: Chairman and Members Pla nning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee 3ohnson, AICP ~ Planner DATE: December 11, 2003 PRO.]ECT NAME/NO: VeneUan Villas / NWSP 03-021 REQUEST: New Site Plan PRO3ECT,DESCRZPT~ON Property Owner: RSPB, LLC Applicant: Venetian Villas, LLC in care of Mr. Michael Hoeflinger Agent: Mr. Michael Hoeflinger with AUantis Development Corporation Location: South'side of SouthWest 23'd Avenue (Golf Road), west of Southwest 13~ Street, approximately 600 feet east of Congress Avenue (see Exhibit~A'- LocaUon MaP) Existing.Land Use/Zoning: High DenSity Residential (HDR)/MulU-family ResidenUal (R-3) Proposed Land Use/ZOning: No change pro~ Proposed Use: 50 fee-simple toWnhouse units at 10.64 du / acre Acreage: 4.699 acres (200,376 sqU~e feet) Adjacent Uses: North: ..Rkj.~f, Way for'S0uthwest 2_3~ Avenue (~GO~ if Road), then developed single-family ~ ~I lhomes(.~isu:re.viile?i ~wi?' ~~~l~~Ual(MDR)land use · un~g~:~,, zone.....~ng~-tamilY Re~d~!(R1.AA)a~'developed as a Planned South: Right-bf-way for the Lake WOrth Draii~ge District L:27 Canal, also known as the Staff Report- Venetian Villas (NWSP 03-O21) Memorandum No PZ 03-295 Page 2 Lazy Lake Waterway, then farther South are single-family residential homes with a Low Density ResidenUal (LDR) land use designaUon, zoned Single-family ResidenUal (RZ-AA); East: Right-of-way for Southwest 13t~ Street, then farther east are 'developed single- family homes with a Low Density ResidenUal (LDR) land use designaUon, zoned Single-family ResidenUal (R1-AA); and west: Developed residenUal (Homewood Residence) with a High Density ResidenUal (HDR) land use designaUon, zoned Multi-family ResidenUal (R-3), then farther west is the right-of-way for Congress Avenue. BACKGROUND ProPosal: Mr. Michael Hoeflinger proposes to construct 50 fc¢~simple toWnhomes on a 4.699- acre parcel in the R-3 zoning district. The project wOuld be a gated community. The subject site is a porUon of properUes lOCated On both the northeast and southeast corners of Southwest 23rd Avenue (G01f Road) and Congress Avenue. These properties (known as Alhambra Square South and Alhambra SquareACLF) were the subject of a ::[989 "SUpulaUon and Settlement Agreement', (see Exhibit "D"). This Agreement was forged 'between the .property. owners and the ~ of. Boynton Beach. While the Agreement allowed the property owner to rezone, to.the R-3 zoning district in order to all°w for a higher density, it restricted the use of the Property to an Adult Congregate Uving Fadlity (ACLF) with at most, 2't8 beds. · september of 2002, Mr. Bob Bentz of Land Design South submitted a request to rezone the property from R-3 to Planned Unit Development (PUD)in Order to construct 66 townhouse units. ~[n August of 2000, a Joint MoUon and Agreed Order was authorized bythe Court that allowed the review of an alternative development Plan, :If suP~rted by the Planning & Development Board, the Court could be ~Uoned to amend the Agreement, The Board Unanimously denied the request · for site plan. approval. Unable to review the plan, the Ci~.~mmission onFebruary. ': ~ZS, 2003, moved to request another court order.to allow the Commission to review . the proposed project. The desired court order was granted. Any new or substantial change to the existing applicaUon would need. fuilmvlew bystaff, the Planning .& Development Board, and the ~ Commissi°n. This project is not a . ~request to ~one to.PUD and is a site plan only, wholly separate from the previous ' aPl~icant' If thiS :site Plan were' approved as proposed (with townhouses)i the settlement agreement would have to be amended accordingly to lift the use restricU~ of'the property to that of °iily an ACLF (see Exhibit ~C"' CondiUons of Approval). · AddiUonally,. the A~jreement also currently governs building: height, roof pitch, - .-parking lot IighUng, dumpster plaCem~ use of the LWI)D ~nal 'right-of-way, '~ :%d la.pi'rig, ':staff ~ewed ~e,.Pr°POsed s~.. plan to ensure · - '~ ~~ce'with the design` guidelines'of ~ Ag~nt:(see Exhibit "C" - CondiUons of Approval). Aside from the Agreement, 'townhouses are permitted uses in the R-3 zoning district. All proposed ~development ~ld occur in one (:D Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 page 3 Site Characteristic: As previously mentioned, the subject property isa rectangular-shaped lot located on the south side of Southwest 23~ Avenue, east of Congress Avenue. According to the previous site plan staff report for Hampton Court (NWSP~02-023), the .lanuary 14, 2003 Environmental Assessment (submitted with Mr. Bentz request) indicated that the majority of the subject parcel had been previously deared. The Assessment reports that the vegetation, remaining on the parcel consists of a scattered slash pines and exotic trees and shrubs. The open areas on the site are comprised of disturbed open field over-grown with native and non-native weedy herbaceoUs plants. No endangered, threatened, or spedes of special concern as listed by the US Fish and Wildlife Service (USFWS) and Rorida Fish Wildlife Conservation Commission (FFWCC) were observed on the project site. No unique or endangered habitat, migratorY bird rookeries, wading bird habitat or colonial bird nesting / roosting areas are located on the subject site. Evidence of Osprey utilizing Australian and Slash pine trees as feeding perches was observed. However, the Osprey is not listed as a spedes of special concern in the State of Rodda; except for in Honroe County. Also, no wetlands or other surface waters are located on this parcel. The survey shows that an .asphalt Path runs within the interior of the. site starting atthe terminus of the Southwest 13b~ Street right-of- way. The survey also shows that an abandoned 10-foot wide utility easement was located near the center of the property. Concurrency: ANALYSZS. Traffic: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for th-elf review and approval. The Palm BeaCh" County TraffiCr Division determined that the project meets the Traffic Performance Standards.of Palm Beach County. The antidpated build-out year is 2005. Drainage: Conceptual drainage Information was provided for the City's review. The City's concurrency ordinance requires, drainage certification at timeofsite plan approval. - The Engineering DMsion is recommending that the review of spedflc drainage solutions be deferred until time of permit review, when mom complete engineering documents are required. The or~'oite.drainage system shall be accomplished via a combination of green swales, exflltration trenches, and drY retention. The drainage design, shall:conform to the requirements of the Ob/of-Boynton Beach, South ' Florida Water Management DistriCt, and the Lake Worth Drainage District (LWDD). The paving, grading~ and drainage plan shows an outfall into the LWDD canal. This point of ouffall will require permits from the LWDD. According to the LWDD~ when improving a piece of property that. abuts an LWDD right-of-way, the developer is typically requir~to dredge or improve that portion of the right-of-waY (canal) that directly abuts said property in case of an emergenW (i.e. hurricane). If possible, .City staff, respectfully requests .the applicant petition the LWDD to ' - -dredgethe qght-of-way adjacent ' to the ~sub. fect-property;-to' theminlmal extent** possible (to the satisfaction 'of the District) so as to not/mpact the flora and fauna that maybe found in the~LWDD right-of-way and providing additional buffer to adjacent single family residenUal (see Exhibit"C"- Concrrdons of Approval). Staff Report -Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 4 School: The School District .of Palm Beach 'County is currenUy reviewing the project for school concurrency purposes. As of today's date, no determination has been received from the District. Therefore, no building permits shall be issued unit the District approves the project (see Exhibit "C"- Conditions of Approval). DriveWays-- The site plan (sheet AS-l)shows that the development's main driveway is proposed on Southwest 23rd Avenue (Golf Road). This point of access would allow for both vehicular and pedestrian ingress / egress. ]t would be a gated entry. Two (2) vehicular ingress lanes and one (1) vehicular egress lane is proposed at this ddveway opening. A vehicle turn-around area would be provided as well. The Engineering Division of Public Works reviewed the vehicle turn-around area and determined that the queuing area would be adequate. A subordinate, driveway opening is also propOsed on Southwest 23rd Avenue, just . west of the proposed main entry ddve. This driveway would only allow for vehicular egress and for pedestrian Ingress / egress. Similarly, it would also be gated. One emergency point of a~ is proposed at the southeast comer of the ~ - property, near the terminus of Southwest. 13th Street. This entrance/exit would be only be used for emergency vehicles if all other points Of.access were obstructed. It-would remain as a fenced portion of the property but equipped with a 'Knox Box so that in case Of emergency, Vehid~ could enter or exit the site without complication. Staff recommends improving the unimproved portion of Southwest 13a Street so that it would connect to the project's proposed point of emergency ingress / egress . (see Exhibit ~C"- Condition. s of Approval). Parking Fa~lity: Two and three, bedroom townhouse units would require'two (2)-15a~ddf~g spaces for each unit. The recreation area would requlr .e five (5) parking spaces. Based on the above-referenced methodologies, 105 parking, spaces would'be required for the proPOsed project. The site plan (sheet AS-l) shows that 115 paddng sp~.~ces or an excess of 10 spaces would be provided, The project proposes several types of models, namely Unit-~A~ through Unit-D.. Each type of unit would have two-car garages, exceptfor Unit-A", which would have a one-car garage. The driveways in front of Unit 'A" however, would be large enough to acCOmmodate One (1) parked Vehide. Therefore, each unit would be able to comply with their off-street parldng requirement regardless of the. on-street parking-that would be provided. The site plan (sheet AS-Z) shows several parallel and 90-clegree paddng stalls. The detail of the parking spaces. (as shown on sheet AS-l) Indicates that.the 90-degree parking stalls would be dimensioned 10' feet in.width by 20 feet in length. The 90-clegree handicap space would be 12 fee. tin width with five (5) feet 0f striping by 20 feet in length.. The dimensions of the.proposed parallel parking spaces would have to comply with Engineering Drawing K-1 (see-Exhibit ~'C"- Conditions of Approval). The parldng~ lot lighting is shown on the photomebtc Plan (sheet ES-l). The proposed.eutdoor freestanding lighting ~ would be 25 feet.in height and ..... - __. ....... made of a concrete, pole, The ~"-. ,~_ property, would be minimal because the lighting poies would be 'located Internal to parcel, away from the abutting residential properties, This. would, comply with the lighting.pole location restriction of the Agreement. However, a note on the plans Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 5 indicates that the lights would comply with Chapter 23, Artide II.A. 1 of the Land Development Regulations, meaning that they will remain illuminated until 2:00 a.m. Therefore, the plans are in violation of this stipulation. Staff recommends the Agreement be amended to allow for code required lighting, illuminating the project similar to lighting levels on public streets (see Exhibit ~C'- Conditions of Approval). Landscaping: The proposed pervious area of the parcel equals 1.645 acres or 35% of the total site. The Planting Data Table (sheet L-2) indicates that 56% of the shade / palm trees would be native. Over 67% of the shrubs and accents would be native. Rnally, 80% of the groundcover plant material would be native. The Table indicates that the plan would provide a total of 121 shade and palm trees, 1,837 shrubs and accents, and 485 groundcover plants.. The width of the north (front) landscape buffer along Southwest 23~ Avenue (Golf Road) varies but would be at:minimum, 15 feet in width and contain Brazallan Beauty Leaf, Simpson's Stopper and Purple GlOry trees with a row of Recrdp Cocoplum hedges installed at the base. An'extra row of colorful Iow-growing groundcover would berequired on the north sideof the Proposed row of Recrdp Cocoplum hedges in order to comply with Chapter 7.5, Article U, Section 5.D of the Land Development Regulations (see Exhibit"C"- condiuonS of ApprOval). The west (side) landscape-buffer width would vary' but be at least 20 *feet wide and contain 11 Gumbo Umbo shade trees. A row of Fakahatdiee grass is also proposed along the perimeter of the western property line. The width of the south (rear) landscape buffer (adjacent to the Canal) varies but would be at minimum, 40 feet in width and contain a mixture of UveOak and Sweet Mahogany trees with a row of Fakahatchee Grass installed along the -southern perimeter. The trees within this buffer would be installed at varying heights (12 feet, 14 feet, and 16 feet): The developer wants to ensure that the views of the townhouse project would be screened at the upper (2"d story) levels so as to not impact thesingle-family neighborhood across the canal. However, on the subject property, direct visual access of the canal would be m~intained at ground level Just above the height of the Fakahatchee Grass-'. According to th'e developer, these units would be Sold at a premium rate because of the %vaterfront" characteristic. The Court Agreement also stipulates that ~no parking spaces or improvements except landscaping, shall be constructed or Installed in the Lake Worth Drainage District ~dght-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels~. The proposed plans comply With the Agreement. - The Width of the east (side) landscape buffer adjacent to SoUthwest 13a Street .varies but would .be at minimum, nine (9) feet Wide. Similarly, this buffer would contain Live Oak and Sweet Nahogany trees and a row Redtip Cocopium hedges installed along thebase. An extra row of Iow-growing g~er plants.would be ........ .required_ along ~'_street side pf the~R;edUP_ _C-ec~. m~ h~.tflis~bu~.r~_ ..... ._ . -and similar to the southern bUffer, . staff recommends varying the heights of the proposed Uve Oak and SWeet HahOgany ~ between 12,feet and 16 feet (see Exhibit ~C~ - Conditions. of Approval). The Landscape Elevations (as shown on Staff Report - Venetian VillaS (NWSP 03-021 Memorandum No PZ 03-295 Page 6 Sheet L-3) depict how the proposed landscape material would screen and soften the proposed development as viewed* from the public rights-of-way. Buildings and Site: The proposed buildings and site design would generally meet code requirements when staff comments are incorporated into the permit drawings~ AccOrding to the site plan (sheet A$-1), a six (6) foot high green aluminum picket, fence would surround the entire property, except for along the southem property line adjacent to the LWDD canal. The fence is shown on the"Entry Gates Elevation"On sheet A- F-1. No other'fence, except the require one around the pool area, are proposed now or .in the future. No "buffer wall", as required by the Agreement, is proposed along the south property line. The omission of the wall along the south property line violates this stipulation. Staff recommends a combination of wall / landscaping similar to the Homewood Residence be placed along the southern property line of the subject property (see Exhibit "C"- Conditions of Approval). This would require amending the Agreement. To avoid future confusion, staff is requesting the architect place a note on the site. plan indicating that no provisions are made for future outdoor patios, Internal fences, screen-roof, or solid-roof endosures other than what is shown on the plan (see _Exhibit ,,C,, - Conditions of Approval). This tiiSt~W6i~ld be separate and apart from the limitations imposed by the Agreement. The 50 dwelling units are proposed within-:[0--separete-buildings (Buildings "A"* through ".1") on the 4.69Cj-acre site. The Proposed density is 10.64 units per acre, which would comply with the maximum allowed density of 10.8 dwelling units per acre of the High Density Residential (HDR) future land use designation. However, as previously mentioned, the Agreement would have to be amended to allow for a use other than an ACLF (or detachedsingile_family homes). Nt buildings combined --*~V6Uld account for 29.15% lot coverage and are proposed as two (2) s'mry structures. This would comply with the Agreement's limitation .on the maximum nUmber of stories, it would also comply with the maximum number of stories allowed in the R-3 zoning.district. The tallest building would be 26 feet - five (5) 'inches in height. This needs to. be itemized on the site plan tabular data (see Exhibit"C'- Conditions of Approval). The units WOuld have either two (2) or'three (3) bedrooms. The .overall living area (from 1,560 square feet to 2,059 square feet) would vary between each unit type. The townhoUse buildings would be setback as follows: 40 feet from Southwest 23~ Avenue (Golf Road); 20 feet from the west (side) property line; 20 feet from the east (side) property line along Southwest 13· Street; and 40 feet from the south (rear) property line along the WDD'~ Lake Canal. The project complies with the setback requirements of the -3 zoning district. All buildings would be separated from each other by at least 13 feet. No :dumpster enclosure is proposed. The developer proposed rollout container service for each unit. The Public Works Department has reviewed the plans and de _.~ined that rollout containers would work for the_ ~-C°mmunity.~Ho. wever~ Publlc~ ~- ~u-~ that future,owners, residing in the building.labeled as Building "C" (as shown on sheet AS-:t) locate their containers across the street on the east side of Building ~'C" on trash pickup days due to their ~dght side pldcup" equipment. Staff assumes that'the rollout containers would be stored inside the garages during Staff Report - Venetian Villas (NWSP 03-021 Memorandum No PZ 03-295 .Page 7 non-trash pickup days. The rollout containers would meet the intent of the dumpster enclosure restriction of the Agreement. One (1) mail kiosk is proPOsed we~ of the building labeled as Building "E". This mail kiosk would serve the entire community. A handiCap parking space would be provided near the mail kiOSk. The project proposes a pool and Cabana for its recreation area. TO supplement the limited recreation and accessible green space proposed for the project, staff recOmmends incorporating a meandering pedestrian trail into the design of the southern landscape buffer, which would link to the internal walkway system (see Exhibit "C"- Conditions of Approval). The Fire Department and the Engineering Division of Public Works reviewed the enUre site and determined the vehicular drculation and location of fire hydrants would be adequate. However, it should be noted that the ~T" turn-around areas (also known as the Hammerhead), as proposed, would be insuffldent for emergency and service vehides. The``T" portion of the turn-around areas would have to be increased in length to comply with National Rre Protection Assodation (NFPA) .standards. According to the Engineering Division, only minor changes are required in order to comply with NFPA standards. Nonetheless, the applicant will - be required to submit a rectified Set of plans that comply with NFPA standards pdor to the issuance of any building permits (see Exhibit"C"- Conditions of Approval). .Design: The pr°~)°~l'-~r~0J~:. ~woui~--i~e---d-e~-d-b~--as '-a'--~"ew- U-rl~-~i~mn type of development. As previously menUoned, the buildings would be two (2) stories tall. The slope of the roof would be four and one-half (4Y:z) to :t2, which would comply with the Agreement. The proposed buildings Would primarily be comprised of earth tone colors. The building colors for Unit Type "A" and "D" are itemized as the .... following. BenJamin Moore paints: Nugget (AC-9) and Yosemite Sand (AC-4). -The columns, railings, and' stucco bands would be painted off-white (Glader White AC- 40) while the accent Stucco at porches and balconies would be dark brown (Arroyo .Red 2085~10). The .front entry and garage doors would be dark.green (Cushing Green HC-:[25), This would be the same color of the perimeter fencing. The Uooreilding .c~.rs for Unit Type "B" and "C" are itemized as the following BenJamin paints: Summerdale Gold (HC-17), Waterbury Cream (HC-3t), .and Windham Cream (HC-6). The 'columns, railings, and stucco bands would be · painted white (Brilliant White) while the aCCent stucco at porches .and balconies would be dark brown. Again, the front entry and garage doors would be the same (Cushing Green HC-125). NI roofs would be made of S-tiles. The color palette for the pool Cabana is different than from the townhomes. The roof would be standing · seam metal and the building would be painted light pink (BenJamin Moore Ught Mocha 29096-60). The stucco bands would be-off-white (Glader White AC-40). ..$1gnage:' The elevaUons show that no building wall signs are proposed. An"entry wall~sign is proposedon each side of the project's main entrance, According to the SIgnage · ' ~Wall .Elevauon (?he?t A-F-:t), the brass sign letters would read ``VeneUan Villas'. .... ~ ................... '- -~--~- ........ i ne s~jn would be almost 32 square feet iri-a~-Whl~ff~vOU~ld-c_~ornp~ ~pte~ .......... 2~t, Article IV, Section :t.D of the Land DeveloPment Regulations. Staff Report- Venetian Villas (NWSP 03-021 Memorandum No PZ 03-295 Page 8 RECOMMENDA'I~ON: The Technical Review Committee (TRC)has reviewed this request for new Site plan apprOVal. Staff recommends approval, .contingent upon successfully satisfying, all' comment~ indicated in Exhibit "C"- ConditiOns of Approval. Any additiOnal conditions recommended by the Board or C'~y Commission shall be documented accordingly in the Conditions of Approval, S:~Planning~SHRRED\wP~RO3ECTS~VeneUan Villas~Stalf Report.doc VL-CONSENT AGENDA ITEM E.1. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORIVl 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.) [] February3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January6,2004 December l5, 2003 (Noon) [] March2,2004 Caneeled Febmaryl6,2004(Na~ [] January20,2004 JanuaryS, 2004(Noon) [] March l6, 2004 March l, 2004 (Noon)glJ._. [] 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 February 17, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject request be approved, subject to the requirement that relief only applies to the awning and not any other structure. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-026. EXPLANATION: PROJECT: Wooibright Grill (ZNCV 03-025) AGENT: John Therien OWNER: John Therien LOCATION: 700 Woolbright Road DESCRIPTION: Request relief from Chapter 2, Zoning, Section 6.C.3, requesting a minimum rear yard setback of twenty (20) feet, to allow for a variance of twenty (20) feet, and a rear yard setback of zero (0) feet for a restaurant abutting a residential zone in a C-3 zoning district. PROGRAM IMPACT: FISCAL IMPACT: Develo~fne~t'D~l~[ISffbctor City M~ger's Si~e PlUg ~d Zo~~tor Ci~ A~omey / F~ce / H~ Reso~ces S:~l~ning~Dk~ROJECTSXW~lbfight ~11~C~03428~gm~ I~ ~quest W~lbfi~t ~11 ~CV 03428 2-1743.dot S:~ULLE~O~S~G~DA ~M ~QUEST FO~.~C DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-026 STAFF REPORT FOR COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION February 10, 2004 Meeting Date: February 10, 2004 File No: ZNCV 03-028 - Rear yard setback. Location: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. Agent/ Owner: Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc. Project: Woolbright Grill Variance Request: Relief from Chapter 2, Zoning, Section 6.C.3., requiring a minimum rear yard setback of twenty (20) feet, to allow for a variance of twenty (20) feet, and a rear yard setback of zero (0) feet for a restaurant awning in a C-3 zoning district. BACKGROUND The site is located on the south side of Woolbright Road between the Riverwalk Plaza and the Intracoastal Waterway. The subject property, totaling 0.69 acres, is currently zoned C-3, Community Commercial district with a Local Retail Commercial land use designation (see Exhibit "A' - Location Map). In June 2002, the project was approved based on a site plan with several corresponding variances, which included a side setback reduction along the north property line, substitution of the required buffer to a landscape buffer, and encroachment of the cantilever awnings on the north and east sides. The awning variance specifically granted relief against the awning setback restriction, thereby allowing an awning to extend 10 feet into the rear setback, a 7.5-foot increase from the maximum allowed of 2.5 feet. Site Plan approval included the construction of a two-story 7,829 square foot "High Quality - Sit Down restaurant" with 1,033 square feet of out-door seating area for a total of 8,852 square feet. The subject property is comprised of two irregularly-shaped and shallow parcels (Parcel 1-north and Parcel 2-south), which are combined in order to accommodate a 210-seat restaurant. Parcel 1-north has a triangular shape, is the parcel on which the restaurant was constructed', and is the subject of this variance application. This variance application is for the awning located on the east side of the restaurant building. This proposed awning would be supported by concrete piles and would cover an outdoor seating area for the restaurant (see Exhibit "B" - Revised Site Plan). The following is a description of the land uses and zoning designation of the properties that surround this site: North: Woolbdght Road right-of-way; farther north is developed with multi-family apartments (Gulfstream Apartments) with a High Density Residential (HDR) land use designation and zoned Multi-family Residential (R-3); Page 2 Woolbdght Grill-Rear Yard Sel~ack File No. ZNCV 03-028 South: Vacant property with a High Density Residential (HDR) / Conservation Oveday Distdct land use designation and zoned Multi-family Residential (R-3); East: Intracoastal Waterway right-of-way, farther east are developed townhouses (Ocean Ridge Yacht Club) in the Town of Ocean Ridge zoned Medium Density Multi-family Residential (RMM); and West: Riverwalk Shopping Plaza with a Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3). 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. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance stating that the above-mentioned conditions exist with respect to the acquisition of additional property. Exhibit "C" contains the applicant's response to the above criteria. Staff concurs with the applicant's response to criteria "a" above that there exist special conditions peculiar to the subject parcel, namely location of the lot and site constraints. Staff acknowledges the unique "enclosed" characteristics of the parcel. The site configuration does not leave sufficient room to design a building offering both, an acceptable footprint with an adequate floor plan (to be economically feasible) and to minimize the need of a variance. Furthermore, an existing storm water utility line that dissects the property was to be relocated, and the building shifted southward. The existence of the utility line, and the configuration of the lot prevent full use of Page 3 Woolbright Grill-Rear Yard Setback File No. ZNCV 03-028 the subject parcel. However, these unique characteristics were justified when this property was proposed for development in 2002. By constructing the restaurant with the corresponding variances, staff acknowledged that the special characteristics were surmounted and justified by the site plan. With respect to criteria "b' above, this condition is met "if the need for the variance is not created by actions of the applicant". This project is under construction as site plan approved. Instead of constructing the cantilevered awning (east) as approved, the applicant propose to extend that awning out to the property line thereby fully covering the approved outdoor seating area. Although the subject parcel is unusual in shape, this specific request has been initiated for the sole expansion of a previously approved awning. Therefore, the applicant, solely for individual benefit, has generated the circumstances. With respect to item "c", given that the property has been approved and is under construction for a permitted use (restaurant) in the C-3 zoning district, approval of this variance request would grant special privileges to the applicant, by allowing possibly an increase in the building envelope. Accordingly, denial of this variance request would not deprive the applicant of the rights already enjoyed by others. Therefore, criteria "c"is not satisfied. The subject property is being improved with a restaurant building with the minimum requirements, and developed by maximizing the site. As such, this request does not represent the minimum necessary to make reasonable use of the land, structure or building. Therefore, since "reasonable" use of the land has been proven, this variance-is not justified, and criteria "e" is not met. With respect to impacts on the area, and criterion "f" above, the project is separated from nearby properties by significant distances and barriers (e.g. the Intracoastal Waterway). Furthermore there is not a streetscape with a continuous and consistent building setback pattern against which the proposed setback deviation would conflict. Staff understands that the proposed awnings will not impede any views nor jeopardize the safety of the public. Therefore, the impacts upon abutting properties are immeasurable. However, approval of the variance along the rear (east) property line would allow the applicant, unless restricted to the awning and not the building, to potentially increase the outdoor seating area or even expand the building square footage which may not be supported by sufficient parking spaces. It should be noted that the present use does not provide a surplus of parking space, but only the minimum required by code. Criterion "g" is not applicable to the subject request. CONCLUSlONSlRECOMMENDATION Staff recommends that the request for Chapter 2, Zoning, Section 6:C.3., requiring a minimum rear yard setback of twenty (20) feet, to allow for a variance of twenty (20) feet, and a rear yard setback of zero (0) feet for a restaurant awning in a C-3 zoning district, be denied due to the lack of traditional hardship, and due to the circumstance being created by the applicant. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission would be placed in Exhibit "D". If the subject variance is supported by the Board and Commission, the approval should be restricted to the awning setback to prevent the eastward expansion of the building as well. MDA/MR S:~Ianning\SHARED\WP~PROJECTS\Woolbrtght GrilI~ZNCV~03-028~STAFF REPORT.doc Location Map ~×,,~,~,,^,, Woolbright Grill !iilltl 400 O* 400 Feet ~ ~ w E S EXHIBIT "B" ~--WO(~ ~~ SLATTERy ANDASSOClATES ~ ~ ~ ~ ~ ~ ) ~ I EXHIBIT "C" ~,k~ SLATTERY _~ and - .,. ~ ASSOCIATES ,, ~--r/I ARCHITECTS ~rl I PLANNERS Edk Johnson, Planner December 1, 2003 City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Woolbdght Gdlle Dear Mr. Johnson: The following is a justification for the requested variance. · Variance relating to the awning at the east side of the rear setback. (Section 6-C.3). This request is to allow an awing structure 20'-0' into the east rear setback to cover outdoor seating. The east rear setback contains a deck seating area abutting the Intracoastal WaterwaY. This area already has an approval for an awing structure to extend ten feet into the setback. The physical configuration of the property on which this restaurant is located is very unusual in nature. It tapers sharply from north to south, creating a very shallow east to west dimension. The design of a building on this site allows for no additional room for a large roof overhang. The enlargement of this awning will not affect or impeded any views from neighboring properties. It should not only provide further protection from the elements for the patrons, but also reduce the amount of light and sound transmission across the waterway. I trust the information provided above satisfies the requirements for a "Statement of Justification" for this variance. Please feel free to contact me should you have any questions regarding any of this information or this submittal. Slattery and Associates Architects Planners JP:cl 2060 NW Boca Raton Blvd., Suite #2 · Boca Raton, Rorida 33431-7414 · (561) 392-3848 · Fax (561) 392-5402 lic #AA 0003381 EXHIBIT "D" Conditions of Approval Project name' Woolbright Grill File number: Z~CV 03-0~8 (Rear Setback variance) Re£erence: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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 Comments: 1. Setback relief only applies to subject awnin~ and not an~t other structure. X Conditions of Approval 2 Woolbright Grill ZNCV 03-028 (Rear yard setback) DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S: ~Planning~SHARED\WP~ROJECTS\Woolbright CmlIkZNCV~03 -028\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Grill (ZNCV 03-028) APPLICANT'S AGENT: Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc. APPLICANT'S ADDRESS: 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2004 TYPE OF RELIEF SOUGHT: Variance requested for rear yard setback reduction. LOCATION OF PROPERTY: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS "' HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\WFAPROJECTS\Woolbright GrilAZNCV~03-028\DO.doc VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BE,~ 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 20, 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 17, 2004 (Noon) [] Ja~u~ 20, 2004 Ja~u~ 5, 2004 (Noon) [] March ~6, 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: Motion fi.om the City Commission to approve a donation of $4,000.00 to the Boy Scouts of America from the forfeiture fund. EXPLANATION: We are required to place some forfeiture funds back into the community in either youth programs or anti-drug programs. This funding is in compliance with Florida Statute 932.7055(4c3). PROGRAM IMPACT: Gulfstream Council of the Boy Scouts of America will be able to meet their commitment for this fiscal year, and these funds will assist Boy Scouts of America with their crime prevention and drug abuse prevention program. FISCAL IMPACT: Funding this request will have no fiscal impact on our budget. Forfeiture account 691-5000-590-04-25 $4,000.00 ALTERNATIVES: J ~ Department Head's Signature v City Manager's Signature Police ~ Department Name City Attorney / Finance / Human Resources S:~BULLET1NWORMS~AGENDA ITEM REQUEST FORM.DOC i GULF STREAM COUNCIL, INC. BOY SCOUTS OF AMERICA 8335 North Military Trail Palm Beach Gardens, FL 33410-6329 (561) 694-8585 * Fax (561) 694-9050 Januaw 23,2004 Marshall B. Gage, FBINA Chief of Police Boynton Beach Police Department 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 Dear Chief Gage: For 94 years the Boy Scouts of America has been know for its traditional objectives in Character Building, Citizenship Training, Self-reliance, Duty to God and Country, and respect for others. Today these objectives are more important than ever. When we ask parents why they have signed their children up for Scouting, one answer stands out: They know Scouting for its character-building reputation and that it will deliver. Scouting does not happen in a community without strong leadership and major financial support. Therefore, we are asking the Boynton Beach Police Department to invest $4,000 towards Scouting in the Boynton Beach area. We appreciate all the help we have received in the past and hope we can continue counting on your support. We think you will agree with us that a strong Scouting program is important to the community of Boynton Beach. We need your help to support this essential program in your area. Thank you for your consideration, Sincerely, Steve Landin Manatee District Executive Gulf Stream Council United Way Agency serving the Youth of Palm Beach, Martin, St. Lucie, Indian River, Okeechobee, Glades and Hendry Counties. VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM G. 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 (Noo~ [] 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 [] Unfmished Business RECOMMENDATION: Informational item - Pilot Project to install low volume irrigation at NW 17th Ave median. EXPLANATION: The Utilities Department has developed a program where they will incur some of the cost to modify our landscaping on City medians in an effort to reduce water usage. The shared goal between Utilities and the Public Works Department is to create a high profile public showcase of municipal water conservation. The project includes removing turf and replacing it with plantings that reflect proven placement practices that require a perimeter rather than full, solid plantings. Drip irrigation and combinations with mulch and state-of-the-art irrigation controllers and rain sensors will give the optimum water savings. This application will show the feasibility of converting landscapes to low volume/iow water demand plantings. By converting our medians to low-volume irrigation staff has estimated a reduction of 60% in water usage. Attached is a staff report detailing the project and the costs associated. Once this project is completed staff recommends continuing will all other major medians throughout the City as we consider water conservation a very important component to the growth and development of the City. In addition staff is researching the feasibility of obtaining grant funding to convert medians to the low volume concept. During the course of this project the spraying of turf will occur to kill the grass. The public will notice dead grass in the medians and may complain. Staff plans on placing signs on the median(s) at the start of the project advising of the project (i.e., low volume drip irrigation project). PROGRAM IMPACT: Reduction of water usage on all medians throughout the City. FISCAL IMPACT: This first pilot project cost is estimated to be $6,030. Currently an annual maintenance contract exists for this median in the amount of $4,236. The annual contract maintenance costs will decrease by approximately $2,000 due to the change out of turf to plants and mulch. In addition, a savings in water fees of approximately $660 annually should occur for this project. ALTERNATIVES: Continue with current method. d ' 'De~tm~c~nt He~<L~ Signature City Manager's Signature S:~'BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Name City Attorney / Finance / Human Resources S:'tBULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC PUBLIC WORKS DEPARTMENT Memorandum #03-167 TO: Jeffrey R. Livergood, Public Works Director FROM: Glenda Hall, Parks Manager DATE: December 5, 2003 SUBJECT: Low Volume Median Irrigation Project Location: NW 17th Avenue Medians - West of Seacrest Blvd. Background: The Utilities Dept. has developed a program whereby they will pay for us to modify our landscaping in a effort to reduce water use. We plan to take advantage of this program on NW 17th Avenue. Proposed: To change out the existing irrigation system to a low volume irrigation system to conserve our water. The change will remove all turf areas from the medians. These areas will be replaced with appropriate plant material. This will result in reduced water use by an estimated 60%, but also the dollars spent on water annually and dollars on landscaping maintenance will decrease. The following details give a breakdown of the project: Project area - 4 medians on NW 17th Avenue - West of Seacrest Blvd. - Approx. ¼ mile long Materials needed - Low volume irrigation - 2700' tubing and 1000' pipe - $600 Plants - Ruellia brittoniana, Hameliapatens- 3 gal. 400 each - $3600 Mulch - $900 *Plants and Mulch to be paid for by Utilities Removal of existing turf via spraying- $130 Trenching by a contractor $200 Employee man-hours for irrigation renovation - 30 hours - $600 Total cost - $6,030. Utilities would fund the plant material and mulch cost ($4,500) in a program they have for water conservation. Forestry and Grounds will fund the remaining $930 out of Irrigation Maintenance Supplies (001-2730-572-46-45). Forestry and Grounds will coordinate this work using in-house staff and contractors where appropriate. Jeffrey R. Livergood December 5, 2003 Page 2 Presently it is costing $4,236 annually for contractual maintenance of these medians. It is estimated that the annual contract maintenance of these areas will be $2,109 annually with the change out of the turf to plants and mulch. Please note that our first year of savings will be used to offset our initial construction costs. Presently we are using 400,000 gallons ($1,100) per year to irrigate this area. With the renovation to low volume it is expected to use only 160,000 gallons ($440). This will save 240,000 gallons ($660) annually. All existing plants and trees will remain. New plants will be weaved in an 'S' along both sides of the existing plants. During the course of this project, the public will see dead grass (the grass will be sprayed to kill it, saving dollars and time in the removal of the grass). The new drip irrigation will be installed in conjunction with the new plants and then all will be mulched. At the start of the project, a sign will be placed on the eastem median advising of the project. Once this is completed we want to continue with all other major medians throughout the City of Boynton Beach as water conservation is very important to the growth and development of the City. GH/pl / Copy:,,~/hristine Roberts, Assistant Public Works Director Norm Turner, Crew Supervisor VI.-CONSENT AGENDA CITY OF BOYNTON BEAI ITEM H. 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 -ri -<c:~ NATURE OF [] Announcement [] New Business ~ c~'rl AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Release of cash bonds totaling $16,000.00 to D.R. Horton £or the project known as Parkside Village at Quantum Park (Block 3, Lot numbers 11-14 and Block 4, Lot numbers 31-36). EXPLANATION: On January 15, 2004 and January 20, 2004, the Building Division sent to the Finance Department cash bonds of $10,000.00 and $6,000.00, respectively, for the completion of the permitted work for Block 3, Lot numbers 11-14 and Block 4, Lot numbers 31-36 of the project known as Parkside Village at Quantum Park located on South Evergreen Circle. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: NO)~i~.~ Q ' L~reene, DeVelopment Dtrector - -"" m ntus /~g~/~ C~ty Manager s Signature Development Deparlment Department Name City Attorney / Finance / Human Resources S:~BULLETIN'~FORMS~AGENDA ITEM REQUEST FORM.DOC EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DMSION MEMORANDUM NO. 04-013 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Officialp~,J~ DATE: January 15, 2004 SUBJECT: CASH BOND - PARKS/DE VILLAGE AT QUANTUM PARK - 2772, 2774, 2776 and 2778 SOUTH EVERGREEN CIRCLE (Block 3, Lots 11-14) Attached is a Cashier's Check for $10,000.00 fi.om D.R. Horton. This is a cash surety for Parkside Village at Quantum Park (Block 3, Lots 11, 12, 13 and 14) 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 Andrew Witkin, ASLA and check XC: Timothy K. Large, Building Code Administrator Permit File #'s 03-1936, 03-1945, 03-1947 and 03-1948 EXHIBIT "B" ,' ~ON&08 5,' ~:~NOOOO~q~: OO&r~[,&OO:~?NB,' CITY OF BoYNTON BEACH N_° 3 3 9 5 6 Boynton Beach, Florida DATE ~ ~_.~~ DEPARTMENT FOR EXHIBIT "C" RE: Pari~ide F~llage at Q, uantum Park To whom it may concern, Please accept this letter as a valuation of the landscape materials and irrigation planned W I t K I N for installation at Parkside Village at Quantum Park lot numbers 11 - 14 of block 3. Using DESIGN GROUP bids and contracts by the developer and our own internal system of valuation we attest that the value of the above mentioned areas is $10,000.00. t A n D s c A P [ ARCHiTECTURe ,mcereJy, AN D P LAN N I N G , Andrew Witkin, ASLA President I b 8 5 3 N.E. 2~ AVE. S U I T E 305 NORTH MIAMI BEACH FLORIDA 3 3 ! 6 2 TELEPHONE 305'650-8669 FACSIMILE 305°650°9057 E-MAIL ADDRESS wltkln~lesic/~-~rld~et .aTt. net EXHIBIT "D" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION - MEMORANDUM NO. 04-015 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official ~ DATE: January 20, 2004 SUBJECT: CASH BONDS FOR PARKSIDE VILLAGE AT QUANTUM pARK _ 2773, 2775, 2777, 2779, 2781 and 2783 SOUTH EVERGREEN CIRCLE (Block 4, Lot Numbers 31 - 36) Attached are six Cashier's Checks fi:om D.R. Horton. These checks are cash sureties for the following lots at Parkside Village at Quantum Park: Cashier's Check No. $ Amount Address Lot / Block No. Permit No. 1046185 $1,000.00 2773 So. Evergreen Circle Lot 31 / Block 4 03-1929 1046186 $1,000.00 2775 So. Evergreen Circle Lot 32 / Block 4 03-1930 1046187 $1,000.00 2777 So. Evergreen Circle Lot 33 / Block 4 03-1931 1046188 $1,000.00 2779 So. Evergreen Circle Lot 34 / Block 4 03-1933 1046189 $1,000.00 2781 So. Evergreen Circle LOt 35 / Block 4 03-1934 1046190 $1,000.00 2783 So. Evergreen Circle LOt 36 / Block 4 03-1935 These cash sureties are to be held until all outstanding issues of their temporary Certificate of Occupancies are completed. This should occur within 30 days. Upon completion of the deficiencies of the permits and the issuance of the final Certificate of Occupancies, the sureties will be returned. DJ:rs Attachments/letters fi:om Andrew Wit}fin, ASLA and checks XC: Timothy K. Large, Building Code Administrator Permit File #'s 03-1929, 03-1930, 03-1931, 03-1933, 03-1934, 03-1935 EXHIBIT "E" S:~Dcv¢lopment\BUILDlNGhMemosXEash Bonds - 2004\Parkside Village at Quantum Prk Blk 4 Lots 31-36.doc Bank ofAmerica.--~- Cashier's Check No.. 10 4 618 5 ,"'t, Ol, C, l,B 5~ ~: & ~l, OOO0 i, ci~: DO ],,.r-,~ ~O0:t?r,B," II Bank of America. ~- Cashier's c~.¢k No. 10 4 618 6 ~'~"-'~~ ~ ~: ~t .- ~, ~ ~.' ~. -'~ ~ .: ;~ ~,~. ~: ~, ,~'.~ ~ E~IBIT "F' ""~O~B~,' ~:'~NOOOO~q~: O0~N~OO~?NB," Bankof America-'~'C~lslder's Check No. 1046187 BankofAmerica.~- c.,~e~', c~e~k No. 1046188 ~'~OL, B~t~8',' ,:&&NOOOO~q:: O0'~&N~OO3?NB,' · BankofAmerJca.~- C~hie~'~Ch~Cl~.~ ,* ~o. 1046190 u, [Or, C, i, qo~l' ~: & I,l, OOOO i, ci~.' OD [Er, i, OO]?l,P.~' EXHIBIT "H" January 15, 2004 ~k ~ RE: parl~ide Village at O.__s~__ntum lS_,~... . To whom it may concern, Please accept this letter as a valuation ofth~ irrigation planned for installation at Parkside W I I K I N Village at Quantum Park lot numbers 31 - 36 of block 4. Using bids and contracts ,,~--, the D£S~GN GaouP developer and our own internal system of valuation we attest that the value of the above mentioned is ,~u,uuu.~Ju. L A N D S CA P E ARCHITECTURE AND PLANF '3 ~lndrew }Fit. Mn, ,~IM President I 6 8 5 3 N.E. 2'~ AVE. S U I T E 305 NORTH MIAMI BEACH FLORIDA 3 3 1 6 2 TELEPHONE 305'650.8669 FACSIMILE 305.650.9057 E.MAIL ADDRESS wltkla~dfslgn~-~worldn~t.an.ne~ EXHIBIT "I" VI.-CONSENT AGENDA CITY OF BOYNTON BEAI ITEM I. 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 20, 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 17, 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 accept the written report to Commission of purchases over $10,000 for the moZ~th of January 2004 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: Ordinance, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the old bid threshold of $10,000.00. Deputy Director of Financial Services City Manager's Signature Procurement Services O~a~...~ Department Name City Attorney / Finance / Human Resources S:LBULLETINLFORMSL4.GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED JANUARY 2004 1. Vendor: YDI Wireless Purchase Amount: $ 15,861.90 Requesting Department: Fire Department Contact Person: Yvonne Westerman Brief Description of Purchase: The equipment will be used to set up a wireless Municipal Area Network (MAN). This will connect the Fire Stations and our core computer network at City Hall. Currently, they are connected via T1 leased phone lines. The wireless connection will be much faster and will provide a redundant connection for when the T1 lines do not work. Also, the fire stations have video teleconferencing equipment, but the current T1 connection does not provide adequate latency and data throughput performance for video teleconferencing. The wireless connection will address these issues. Source for Purchase: Sole Source Fund Source: 001-5000-590-02-45 Fire Teleconference Project 2. Vendor: Security One Systems Purchase Amount: $ 23,489.56 Requesting Department: Recreation Department Contact Person: Steve Lulkin Brief Description of Purchase: Installation of video surveillance system at the Senior Center. Includes four (4) interior and three (3) exterior cameras with three (3) monitors. Will provide additional security for patrons and property. Funding is provided by the Forrest Lattner Foundation Grant award for $25,000.00. Source for Purchase: SNAPS Agreement #6802563-3 Fund Source: 105-3313-513-64-02 Grant Funded The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Com~d. City Manager Approval: a,e: Presented to Commission for information on February 17, 2004. I of 1 Vi'.-CONSENT AGENDA I'TEM .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 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) [] Adminislxafive [] 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 Permit No. 04-0493 for the dredging and removal of approximately 2760 CY of material from the manmade marine basin (finger canal) at Marina Village. The proposed work is a maintenance activity and the applicant has obtained all appropriate state and federal permits required to perform the operation. Approve acceptance of a cash surety in the amount of $2,750.00 (Two Thousand Seven Hundred Fifty Dollars) for restoration of roadways in conjunction with removal of dredge materials from Marina Village. Staff finds that our current Land Development Regulations (LDR) hinder actions such as this. The LDR requires that the City Commission approve all site grading permits in excess of 1,000 cubic yards; and accept surety bonds from developers, regardless of the dollar amount. Staff believes that a code revision to the LDR addressing these items should be presented to the City Commission in the very near future to eliminate these two unnecessary obstacles to development. EXPLANATION: The permit and Commission approval are required by the Land Development Regulations Chapter 6, Article II.F and Chapter 6, Article III.2.a(1). The applicant will dredge the finger canal and remove the material off-site. The cash surety is required by the Land Development Regulations Chapter 7 and Chapter 8, Article III. 1.d to ensure restoration for any damage due to haul activities. PROGRAM IMPACT: Not applicable FISCAL IMPACT: Not applicable ALTERNATIVES: ~ Not aI~plicgl?l~ ,~ ~ a. ~e~e~. Live~'d, P.E. ., ~.i.~.M~ger's Signature Public Works/Engineering Division ~e~-~/{]-D'{-, ~)0~ Department Name City Attorney / Finance / Human Resources SABULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC V]'.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM K. 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 t6, 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 (Noonl~ [] 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: Release cash bond of $6,820.00 to Motor City Car Wash, Inc. for the project known as Motor City Car Wash. EXPLANATION: On September 25, 2003, the Building Division sent to the Finance Department a cash bond of $6,820.00 for the completion of the permitted work for the project known as Motor City Car Wash located at 3900 Hypoluxo Road. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES.]~ne] Quintus L. Gr~ne, D"~ve'e'e~o~pment"Director ~' ~ity Manager's Signature Development Department Department Name City Attomey/ Finance / Human Resources S:~BULLETIN'ff:ORMS~AGENDA ITEM REQUEST FORM.DOC 'MOTOR CITY CAR WASH, INC. J~amu, y 7, 2004 lvIz Don Johnson Buildir-~ Officisl City of Boynton Beach Re: ~umace Bond telimd £ott~n]t ~ 0~-$780 ~lotot Ca'ty Cat ~h 1~ Johnson: I am requesting a refund of the above mentioned bond that was posted On September 25, 2003 in the mount of :~6820.00 Plmse send ch.ecli to David Das~.lr~!, :3837 Jonath~n~ Way, Boynton Beach, Fl 33436 Please contact me if there is anything else that is required for the refund. ' David Daszlml 561-722-2956 david~otorci .tyeammsh. com 3000 HYPOLUXO ROAD · BOYNTON EI~.&.C_H, [PLO'RIDA · 33436 [6611 9e8-ooo3 · WWW.MOTOR~{,TARWAGH.COM EXHIBIT "A' DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-205 TO: Diane Reese, Finance Director FROM: Don Johnson, Bullding.Official~ DATE: Sept. ember 25, 2003 SUBJECT: CASH BOND -MOTOR CITY CAR WASH - 3900 HYPOLU~O ROAD Attached is a check for $6,820.00 from Motor City Car'Wash, Inc. This is a cash surety for Motor City Car 'Wash '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:is Attachments/J~etters fi.om D.M. Ambrose, P.E., Hiram Daniels and cheek XC: Timothy K. Large, Building Code Administrator Permit File # 02-3780 EXHIBIT "B' S:Oevelopment~BUILDIN~emos. Cash Bonds - 2003~:ash Bond. Motor City CarWash 02-3780.doc MOTOR CITY cAR WASH, INC. '"" 11 ~ '8800 HYPOLUXO ROAD ' ' COLONIAL BANK '-. ~*-*' · (661) 660-000~ 63-151~70 PAYTO THE . : .. : ~-~-- . . ~ ..... '-L . - -. . · . . - . · . * · . .' .. :.'. . .. ' ~'' ' ~ B~ton " N9 33759 ' · '~ ~ I ' ' .' .~:. · * .~ .'.:. -?~,~ , , ~ - -' ! -~.. FOR ~L~R~ '.~ .I . · ; ~.' . ~ . .. . ..:. -: -"..: .: .~. :- , ~'~. .,:~-' ~. .. . .. ' ,' ~ .~. '-' ,., ' ~" 1,' . . - '~,* '-'.- EX/HRIT "C" September 25, 2003 C/def*Bui~din~ Officiel BuikJin,q'D~pemnent Fex: 561-968.5930 ' City ot'l~eynton Beach 199 F.~rt Bo yr~lon Bea~ Boulevw~d Boymon Beth, FL 33425 Re: .U~tor City Car Wes~ - ' * Percel 1~, Omvc Plaza DearSk: 6101 Wba ..~_~ rfc Blvd. · I~L Boz 4399 · I~ar~aa, FL 330~3 · ' · Se]?temhe; ~4, 2003 8hawc-Agcr Construction 6450 East Rogcrs Circle Boca Raton FL 33487 Re: Motor City Car Wash 3900 Hypoluxo Road Dear Sirs: Plca.~e be advised that Sc cost to sul~ly and install $ - 12 foot booted cabbage Palms, 3 European lan palms is $1,200.00. AL~, please note that the current irrigation system installed at above re£erem.,uct property provid~s Gutl~eienl and appropriate coverage for Ihe exi~ing, mnterlal and ~tli slot necd lo bc augmented once the additional palms quoted al-,m,e are installed. Itl can be o£tbrther assistance, plea.~ do not h~sitalc Io call our office. for Chad Tendrich*, Prcsiden! *dictated but not read cc file ~~ FLh! Wt.'~ 13m CA'AJI1. r~de.m ,0a:,. rWk~ :~4(~4 ·Pre, e ~1~11 · lax ~I~8.3323 EXIHRIT "E" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 04-033 D£PART'/'~£~T OF DB/ELOP~4E~,IT TO: Quintus Greene, Director of Development FROM: Don Johnson, Building Official DATE: February 11, 2004 SUBJECT: MOTOR CITY CAR WASH - 3900 HYPOLUXO RD Motor City Car Wash received its Temporary Certificate of Occupancy on September 25, 2003, at which time a cash surety of $6,820.00 was received to cover the issues concerning the Certificate of Occupancy. The final Certificate of Occupancy for the above was issued on December 29, 2003. DJ:rs XC: Permit file # 02-3780 S:\DevetopmentkBUILD1NGkMemoskMemos to Development Administration - 2004kMotor City Car Wash.doc DEPARTMENT OF DEVELOPMENT Memorandum PZ 04-038 TO: Quintus Green, Director of Development FROM: Michael W. Rumpf, Director of Planning and Zonin~[L''~~ DATE: February 11,2004 RE: Motor City Car Wash Please be informed that the above-reference project has been permitted consistent with the approved site plan, conditions of approval, and the Grove Plaza Design Guidelines. As for parking requirements, the attached staff report and code excerpt indicate the minimal requirement was applied to the project, which was exceeded. Due to project uniqueness or code weakness, staff frequently senses the need to recommend more stringent, applicable regulations. However, due to the minimal enclosed/air conditioned square footage of this project, there is no appropriate parking space ratio currently codified that staff could have applied to the project, which would have more accurately assessed project needs. You will note that paragraph H.12 allows individual parking requirements for unlisted uses to be set by the Commission; however, there should be defensible criteria in the code to support such a review and determination by staff. Although the need for an applicable parking space ratio is apparent, a requirement may be based on minimum spaces per use, square footage, employees, or a combination of these characteristics. This issue will be evaluated and resolved as part of the LDR rewrite. Please contact me should you have further questions. MR attachments S:~Planning~SHARED\WP~°ROJECTS\grove plaza\Car Wash (Motor City)\Motor City Car Wash. Quintus memo 2-11-04.doc ~11 E. SWIMMING POOLS. Swimming pools shall be located, designed, operated and maintained in accordance with the city swimming pool ordinance and shall be subject to the approval of thc development department. No swimming pool shall be constructed closer than eight (8) feet from any property line and no swimming pool shall be built in front of the building line. On corner lots, pools will comply with the comer lot setback requirements of the applicable zoning district. Location of above ground pools shall comply with building setback requirements. F. SCREEN ENCLOSURES. All screen enclosures (screen walls and screen roof) shall comply with building side yard setback. No screen enclosure shall be constructed closer than eight (8) feet from rear property line and no screen enclosure shall be constructed in front of the building line. On corner lots, property bordering both streets shall be considered as front yards. G. TOWN HOUSE. All town house developments shall conform to the district zoning and shall meet the following minimum requirements: 1. Each town house shall have its own lot area, each yard private and reasonably secluded from view of streets or neighboring property. 2. Each town house shall have a direct automotive access from the off-street parking space to a public street. 3. All outdoor, rear yard areas used for drying of clothes shall be screened from view from the street and from adjoining yards and lots. 4. Parking space shall be provided for as by Section 11-H. ~ H. PROVISION OF OFF-STREET PARKING SPACES. 1. All off-street parking areas shall conform to the design and layout requirements of Chapter 23 of the City of Boynton Beach Land Development Regulations, and shall be approved according to the procedures contained therein. 2. All off-street parking facilities shall be maintained and drained so as not to cause nuisance or danger to the public, or to adjacent public or private property. 3. A certificate of occupancy for a structure or premises shall not be issued until the required parking area has been inspected and approved by the development director. Adopted April 4, 1995, Ordinance 095-02 2- 102 M1 4. Driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multifamily dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. 5. No fewer than four (4) parking spaces shall be provided for any nonresidential use. 6. Stabilized sod may be substituted for up to fifty (50) per cent of the required parking spaces, where eighty (80) per cent or more of the parking demand falls within a twenty-four-hour period each week. Sod may be Substituted only for the area of parking stalls. All driveways, aisles, and maneuvering areas shall be hard-surfaced and shall conform to the design requirements contained in Chapter 23 of the City of Boynton Beach Land Development Regulations. Sod parking stalls shall have a base consisting of not less than eight (8) inches of stabilized shell rock, lime rock, or sand, or an equivalent material as approved by the development director. Sod parking areas shall have dimensions equivalent to the dimensions of paved parking areas with ninety (90) degree parking stalls and two-way traffic in aisles, as specified in Chapter 23 of the City of Boynton Beach Land Development Regulations. 7. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in paragraph 16 of this subsection. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all accessory uses, including storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. 8. Where several principal uses exist in one structure or on one lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in paragraph 16 of this subsection. Where parking spaces are required in paragraph 16 for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. 9. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately fi.om all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. Adopted April 4, 1995, Ordinance 095-02 2- 103 M1 10. Where a use is located in a shopping center, office building, or office-retail complex, the parking space requirement for the shopping center, office building, or office-retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater. 11. Where several principal uses exist in one building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. 12. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the planning and development board. 13. Parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required parking spaces of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours. Quantitative evidence shall include estimates for peak hour/peak season parking demand based on statistical data furnished by the Urban Land Institute or an equivalent traffic engineering or land planning and design organization. Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer often (10) percent shall be provided to ensure that a sufficient number of parking spaces are available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking space shall be submitted to the technical review board, and approval of joint allocation of required parking spaces shall be made by the City Commission, after review and recommendations by the planning and development board. 14. where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. 15. There shall be provided off-street handicapped parking spaces consistent with Chapter 23, Article ILK of the Boynton Beach Land Development Regulations at the time of the erection of any structure or the enlargement of any structure. AdoPted April 4, 1995, Ordinance 095-02 2- 104 16. There shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to paragraphs 1 through 15 of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or e which requires additional parking spaces, the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. a. Dwellings, lodging and other buildings for habitation: (1) Single-family and duplex dwellings: Two (2) parking spaces per dwelling unit. (2) Two or more bedroom apartments: Two (2) parking spaces per dwelling unit. (3) One-bedroom and efficiency apartments: Two (2) parking spaces per dwelling unit for the first ten (10) efficiency and one-bedroom apartments in a single structure; one and one half(1.5) parking spaces per dwelling unit for each efficiency and/or one-bedroom apartment over ten (10) units. (4)Dormitories: One (1) parking space per rooming unit. (5) Rooming and boarding houses: One (1) parking space per rooming unit. (6) Hotels, apartment hotels, motels, apartment motels, and time-sharing hotels and motels: One and one-quarter (1.25) parking spaces per bedroom. (7)Hospitals: Two and one-half(2.5) parking spaces per bed. (8) Nursing homes, convalescent homes, and sanitariums: One (1) parking space per three (3) beds. b. Assembly: (1) Churches, temples, and other places of worship: One (1) parking space per four (4) seats in the auditorium, but not less than one (1) parking space per one hundred (100) square feet of gross floor area for the auditorium, plus required parking spaces for any other principal uses, including offices, classrooms, meeting rooms, recreation facilities and dwellings. (2) Theaters, auditoriums, meeting rooms, and other places of assembly: One (1) parking space per four (4) seats, but not less than one (1) parking space per one hundred (100) square feet of gross floor area. (3) Clubs, lodges and fraternal organizations: one (1) parking space per one hundred (100) square feet of gross floor area. Adopted April 4, 1995, Ordinance 095-02 2- 105 c. Government, institutional, and educational uses: (1) Government and government-owned or -operated uses: Parking requirements for like or similar uses in the private sector shall apply. (2) Community centers: One (1) parking space per one hundred (100) square feet of gross floor area. (3) Libraries and museums: One (1) parking space per three hundred (300) square feet of gross floor area. (4) Day care centers and nursery schools: One (1) parking space per three hundred (300) square feet of gross floor area, plus adequate provision for a convenient drop-off area adjacent to the building providing unobstructed ingress and egress. (5) Elementary and junior high schools: One (1) parking space per five hundred (500) square feet of classroom floor area, including floor area of shops. (6) Secondary schools and high schools: One (1) parking space per one hundred (100) square feet of classroom floor area, plus one (1) parking space per two hundred (200) square feet of floor area occupied by shops. (7) Colleges, universities, seminaries, and technical or vocational schools: One (1) parking space per fifty (50) square feet of classroom area, plus one (1) parking space per two hundred (200) square feet of floor area occupied by laboratories or shops, plus required space for any other principal uses, including offices, libraries, auditoriums, and recreation facilities. (8) Specialized instruction, including dance, art, and self-defense instruction: One (1) parking space per two hundred (200) square feet of gross floor area. d. Retail services, restaurants, and offices: (1) Restaurants, bars, cocktail lounges, dance halls, and all other eating or drinking establishments: One (1) parking space per two and one-half (2.5) seats, but not less than one (1) parking space per one hundred (100) square feet of gross floor area. (2) Shopping centers: One (1) parking space per two hundred (200) square feet of gross leasable floor area. (3) Office-retail complexes: One (1) parking space per two hundred (200) square feet of gross leasable floor area. (4) Retail gasoline sales, retail automotive parts and/or accessories sales, and automotive repairs, including major repairs, but excluding automotive paint and body shops: One (1) parking space per two hundred fifty (250) square feet of gross floor area. Adopted April 4, 1995, Ordinance 095-02 2- 106 M1 (5) Bakeries: One (1) parking space per two hundred (200) square feet of gross floor area. (6) Florists and retail sales floor area of greenhouses: One (1) parking space per two hundred (200) square feet of gross floor area. (7) Grocery stores and food stores: One (1) parking space per two hundred (200) square feet of gross floor area. (8) Automobile, track, motorcycle, trailer, and recreation vehicle sales or rental: One (1) parking space per five hundred (500) square feet of gross floor area, plus required parking spaces for outdoor storage or display of goods for sale or for rent. (9) Small equipment and tool rental establishments: One (1) parking space per two hundred fifty (250) square feet of gross floor area, plus required parking spaces for outdoor storage or display of goods for sale or for rent. (10) OUtdoor storage or display of goods for sale or for rent, except boats: One (1) parking space per five thousand (5,000) square feet of paved or unpaved outdoor area used for the storage or display of goods for sale or for rent. (11) Boat sales or rental: One (1) parking space per five hundred (500) square feet of gross floor area, plus one (1) parking space per ten thousand (10,000) square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. (12) Retail establishments not listed elsewhere: One (1) parking space per two hundred (200) square feet of gross floor area. (13) Personal, professional, and business services not listed elsewhere, including testing, repairing, and servicing: One (1) parking space per three hundred (300) square feet of gross floor area. (14) Laundromats or dry-cleaning pick-up stations, and laundry or dry-cleaning plants located in commercial zones: One (1) parking space per two hundred fifty (250) square feet of gross floor area (for laundry or dry-cleaning plants located in industrial or PID zones, see (0(3)). (15) Printing, engraving, or publishing located in commercial zones: One (1) parking space per three hundred (300) square feet of gross Adopted April 4, 1995, Ordinance 095-02 2- 107 floor area (for printing, engraving, or publishing located in industrial or PID zones, see (0(4)). (16) Funeral homes: One (l) parking space per two hundred (200) square feet of gross floor area. (17) Kennels and animal hospitals: One (1) parking space per three hundred (300) square feet of gross floor area, including area of outdoor kennels. (18) Financial institutions and services: One (1) parking space per two hundred fifty (250) square feet of gross floor area. (19) Medical and dental clinics, offices, and office buildings: One (1) parking space per two hundred (200) square feet of gross floor area. (20) Offices and office buildings not listed elsewhere: One (1) parking space per three hundred (300) square feet of gross floor area. (21) Art, craft, graphics, and photographic studios: One (1) parking space per three hundred (300) square feet of gross floor area. (22) Beauty and barber services: One (1) parking space per one hundred (100) square feet of gross floor area. (23) Furniture stores: One (1) parking space per five hundred (500) square feet of gross floor area. (24) Automotive paint and body shops: One (1) parking space for every three hundred (300) square feet of gross floor area. In addition, each overhead door and interior spray booth may be counted toward a parking space, provided there is a minimum area, the size of a standard parking space, between an overhead door and an interior spray booth. However, in no case shall less than four (4) outside parking spaces be provided. e. Recreation and amusement: (1) Swimming pools: One (1) parking space per thirty (30) square feet of water area. (2) Ice skating and roller skating rinks: One (1) parking space per one hundred (100) square feet of rink area. (3) Indoor athletic courts: One (1) parking space per one thousand eight hundred (1,800) square feet of gross floor area. (4) Outdoor athletic courts: One (1) parking space per one thousand five hundred (1,500) square feet of court area and adjoining paved area. Adopted April 4, 1995, Ordinance 095-02 2-108 (5) Golf courses: Eight (8) parking spaces per hole. (6) Miniature golf courses: One (1) parking space per five hundred (500) square feet of lot area occupied by the playing area. (7) Bowling alleys: One (1) parking space per two hundred fifty (250) square feet of gross floor area, including floor area of all adjoining uses, including restaurants, bars, pool rooms, and amusements. (8) Gymnasiums and health centers: One (1) parking space per three hundred (300) square feet of gross floor area. Parking space requirements may be computed separately for floor area occupied by athletic courts, swimming pools, or other principal uses for which parking space requirements are listed in this ordinance. (9) Arcades, pool halls, and other indoor amusement places not listed elsewhere: One (1) parking space per one hundred (100) square feet of gross floor area. (10) Marinas: One (1) parking space per boat slip, plus required parking spaces for any other principal uses, including hotels and motels, restaurants, retail floor area, charter boats, sightseeing boats, drift fishing boats, and outdoor lots occupied by boats for sale or for rent. (11) Charter, drift fishing, and sightseeing boats: One (1) parking space per three (3) seats on each boat, but no fewer than two (2) parking spaces per boat. (12) Condominium and housing development recreation buildings: (a) No parking spaces required for all dwelling units within a five hundred-foot radius. (b) One (1) parking space required for every four (4) dwelling units within a five hundred- to eight hundred-foot radius. (c) One (1) parking space for every two (2) dwelling units outside of the eight hundred-foot radius. (d) Total required parking space to be no more than one (1) space per one hundred (100) square feet of gross floor area. (e) All other recreation facilities including athletic courts and swimming pools shall provide one-quarter of the parking spaces that would be required by this ordinance, in addition to required parking spaces for recreational buildings. Adopted April 4, 1995, Ordinance 095-02 2-109 M1 f. Industrial, research and development, trades, wholesale, and warehouses: (1) Manufacturing and industrial uses not listed elsewhere: One ( 1 ) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area; plus required parking spaces for any other principal uses, including office or retail floor area. (2) Utility plants: One (1) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area; plus required parking spaces for any other principal uses, including office floor area. (3) Laundry or dry-cleaning plants located in industrial or PID zones: One (1) parking space per five hundred (500) square feet of gross floor area (for laundromats, laundry or drycleaning pick-up stations, and laundry or drycleaning plants located in commercial zones, see (d) (14)). (4) Printing, engraving, or publishing located in industrial or PID zones: One (1) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area (for printing, engraving or publishing located in commercial zones, see (d) (15)). (5) Warehouses and other indoor storage facilities, including mini-warehouses, and warehouse-industrial complexes: One (1) parking space per eight hundred (800) square feet of gross floor area, but not less than two (2) parking spaces per rental unit of five hundred (500) square feet of gross floor area or greater; plus required parking spaces for any other principal uses, including retail and office floor area. (6) Wholesale establishments and distributing: One (1) parking space per eight hundred (800) square feet of gross floor area. (7) Moving and storage operations: One (1) parking space per eight hundred (800) square feet of gross floor area. (8) Truck terminals and transfer stations: One (1) parking space per eight hundred (800) square feet of gross floor area. (9) Laboratories and research and development: One (1) parking space per three hundred (300) square feet of gross floor area. Adopted April 4, 1995, Ordinance 095-02 2- 110 g. Miscellaneous uses: (1) Taxi offices and bus stations: One (1) parking space per one hundred (100) square feet of gross floor area. (2) Communications facilities, including broadcasting facilities and telephone exchanges: One (1) parking space per one thousand two hundred (1,200) square feet of gross floor area, plus required parking spaces for any floor area occupied by offices. (3) Greenhouses: One (1) parking space per two thousand (2,000) square feet of gross floor area, plus required parking spaces for any retail floor area. I. LOCATION OF OFF-STREET PARKING SPACES. 1. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. 2. Required parking spaces for all other uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distant, as measured along the nearest pedestrian walkway. 3. Parking space requirements of two (2) or more uses of the same or different types may be satisfied by the allocation of the required number of spaces for each use in a common parking facility. Joint allocation among several uses of a lesser number of parking spaces may be permitted in accordance with paragraph 13 of this subsection. J. OFF-STREET LOADING: 1. For the purpose of this ordinance, the term "off-street loading or unloading space" shall mean a vehicular loading space constructed of a hard surface and shall consist of a space with dimensions not less than twelve (12) feet in width, thirty-five (35) feet in length and fourteen (14) feet in height, exclusive of access aisles, maneuvering space or alley right-of-way. 2. The following spaces shall be provided for the uses indicated: a. Every hospital, institution, hotel, commercial or industrial building, or similar use, requiring the receipt or distribution by vehicle of materials or merchandise, shall have sufficient permanently maintained off-street Adopted April 4, 1995, Ordinance 095-02 VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM L. AGENDA ITEM REQUEST FL .... 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 r"-~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfmished Business ~ .~z RECOMMENDATION: Request approval of allocation of $,7;S0~om Commission Community Investment Fun~ (Mayor Taylor) to the Sister City Committee Inc. for Young Artists Competition. EXPLANATION: The Sister City Committee has developed the competition program in conjunction with the Sister City International. PROGRAM IMPACT: This is a community outreach program in cooperation with the Boynton Beach Children's Museum. FISCAL IMPACT: Funds are budgeted for these type events ALTERNATIVES: Do not approve funding for this event. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:'~BULLETINZFORMS',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: 02/1304 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: Recipient/Payee: Greater Boynton Beach Sister City Committee, Inc. Description of project, program, or activity to be funded: Request approval of allocation of $750 from Commission Community Investment Fund (Mayor Taylor) to the Committee Inc. for Young Artists Competition. Dated: o~-/'~-O~ By:~~. P,&~'~ City Clerk 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 $12,500. $1,000 has been used to date by the requesting Member, leaving a balance of available funds of$11,500 . This request would bring the available amount down to $10,750. Accordingly: ~' There are funds available as requested ~ There are insufficient fimds available as requested. Dated: ,~/,--~ 3 ~o'~ By: Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) ;g~ The proposed expenditure of funds will not result in improvement to private property; a/ 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 ~'Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the statedf/~.~ o/o~ Dated: ~, 1~'5 }/tiff By: k-~t, og~~ City ](,I~nager CSDocuments and Settings\bressnerk. CITY'&Ay Documents\Commission\CommInvestMatl\TaylorArtCommlnvest021704.doc, 2/13/2004 ~s,,~,,~,~ January 29, 2004 Phon~: 561-7314474 Mayor Jerry Taylor & City Commissioners ~ity of Boynton Beach Gr~ter ~ Be,,cn 100 E._Boynton Beach Blvd. Sider Ci~ie~ BoantofD/reao~ Boynton Beach, Fl. 33435 Jeannefi~v/t/,~ Dear Mayor Taylor: ~t,~st~r. Each year, Sister Cities International hosts a Young Artists' Com- ne, Prz~ petition for middle school and high school students. Ch,~,eFranco~ This year the Boynton Beach affiliate is participating, hoping to promote awareness of Sister Cities International and its Programs, our Sister ston, nt~. CitY relatiOnship with Qufu, China and to offer a community-wide evem. Trm. nwer ~e,'~'Broo~g The theme for 2004 is "Growing Together to Build a Better World"~ To .~4n~e Com' date, we anticipate approximately 120 entries t~om 6 schools in our community. All art work will be displayed at the Schoolhouse Children's Dan ~Ca~to Museum fi~om March 16 through April 16, 2004. The winning entry will go Da~M~ on to Sister CRies lmernational for the national competitiOn. Date Sngerman We have raised some funds for this community evem and request that the J/n, n~ams City of B°ynton Beach be a partner/sponsor of this evem. We Still need $795,00' for awards and the award recePtion (see budget enclosed). Municipalities and Chambers of Commerce partner with'local Sister Cities affiliates around the country to sponsor this competition. We look forward to establishing this as an annual cultmal event for the community of Boynton Beach. A~ltated wltlt CC:: Conimi~ioners Ensler, Ferguson, McCoy, McCray sm~ ca~ EnClOsureS YOUNG ARTISTS' COMPETITION Budget - 2004 Income: Donations Received $500.00 Donations Pledged $200.00 $ 700.00 Estimated Expenses: Cash Awards $1,000.00 Trophies $ 100.00 Ribbons $ 100.00 Awards Reception $ 250.00 Sister Cities Iht'! Fees $ 45.00 $1,495.00 Funds Needed $ 795.00 YOUNG ARTISTS' COMPETITION (Letter sent to all middle and high schools in Boynton Beach) The Greater Boynton Beach Sister Cities Committee, Inc. is sponsoring a Young Artists Competition for middle and high school students to select one entry for submittal to the International Sister Cities Organizatio]~ This year's theme is: "Coming Together To Build a Better World". Local awards will be presented to first, second, third place, and "People's Choice" winners in both the middle school and high school categories. The awards are as follows: $200 first place, $150 Second place, $1 O0 third place and $50 "People's Choice". One winner fiom Boynton Beach will be selected for submittal to the Sister Cities International competition. Sister Cities International will then select 10 winners fi,'om these entries who wffi each receive a $300 award. Ify0u have any students in your class (ages 13-18)- who wish to enter the eom- petition, they must submit their work to you by Wednesday, March 10, 2004 for judging. Selected artwork wfll be cxln'bited in the 1913 Schoolhouse Childrcn,s Museum fiom March 16th to April 16, 2004. The winners will receive their cash awards at a reception and awards presentation at the Schoolhouse Children's Museum on Friday, April 2, 2004 fiom 6:00 P.M. - 8:00 P.M. Please see the enclosed "Rules and Guidelines" for instructions and specifications. The Greater Boynton Beach Sister Cities Committee, Inc. is a not-for-profit tax exempt Florida corporation, formed to promote friendship and understanding bet- ween the citizens of the Greater Boynton Beach area and our Sister City in Qufu, China. The purpose of the Young Artists Competition is to encourage youth fiom all parts of the world to express, through original artwork, their concept of the Sister Cities mi.~ion and the 2004 theme, "Coming Together To Build a Better lForld% We are pleased to be able to offer this program to our students. We look forward to having your students participate in this year's competition. If you would like to participate, please complete the Call for Entries (yellow form) in this packet and return it as soon as poss~le. If you have any questions, please contact Jeanne Heavilin at (561) 901-8714 or Diane Finton at (561) 963-5902.. The Greater Boynton Beach Sister Cities Committee, Inc. Young Artists Competition 2004 Purpose To encourage youth (ages 13 to 18) from all parts of the world to express, through original artwork, their concept of the Sister Cities Mission through the comp~tition's yearly theme. Theme The theme for the 2004 Young Artists Competition is "Coming Together to Build a Better World". Using this theme, artists are limited only by their imagination. Students are encouraged to explain their thoughts and feelings in exploring the theme. Only new pieces, inspired by this theme, are acceptable. Rules and Guidelines Who May Enter Each participating student artist must be between 13 and 18 years of age (at the time of entry submi~ion, March 10, 2004). Medium & Specifications · Watercolor, oils, acrylic, poster paint, pastels, pen & ink, charcoal, photography of mixed media (two dimensional only) as well as computer generated art are the only acceptable mediums for entry. · . Artwork must be on paper, posterboard or canvas, no larger than 24" x 30' (60em x 75em) including mat work and must be mounted on foam core mats. Soft paper, unmounted or t~amed entries are not eligible. Entries · All entries must be the original design and artwork of the student. Parents, friends, teachers or others must not assist the artist. Only new pieces inspired by the theme are accepted. · A signed and completed ENTRY FORM must accompany each entry. · All artwork must be submitted to teachers by 3:00 P.M., Wednesday, March 10, 2004. All entries must be received at the 1913 .Schoolhouse Children's Museum, 129 E. Ocean Avenue, Boynton Beach, Fl by NOON, March 12, 2004. Awards · Awards will be presented to first, second, third place and "Peoples' Choice" winners in both the high school (grades 9-12) and middle school (grades 6-8) categories. The awards are: $200 first place, $150 second place, $100 third place and $50 "Peoples' Choice". A reception and awards presentation will be held on Friday, April 2, 2004, 6:00-7:00 P.M. at the 1913 Schoolhouse Children's Museum. · All selected entries will be exhibited at the museum March 16 through April 16, 2004. Return of Entries One winner will be selected for submittal to the Sister Cities International Young Artists Competition. All other entries will be returned to the artist's school on April 19, 2004. Gerald Ta~,lor From: Jeanne Heavilin §heavilin(~rnsn.com] · .nt: Friday, January 30, 2004 4:08 PM , o: taylor_g~}bellsouth.net Subject: Young Artists' Competition Jerry, Pursuant to our telephone conversation, at our Young Artists' Competition meeting yesterday, it was decided that the judging will be on Saturday afternoon, March 14th at the Library (pending confirmation from Virginia Farace). The exhibit, to be held at Schoolhouse Children's Museum, will run from March 16th through April 16th with an awards reception scheduled for Friday, April 2nd, 6-8 P.M. which we certainly would like you to attend. As I mentioned, 5 schools have responded, indicating a total of 118 student, art entries - and we're still waiting to hear from Boynton Beach High School! We think it's going to be a great event for the community. We've also translated and submitted the information to Qufu with hopes of receiving some entries from students there as well. The other judges are Rick Beau Lieu, The Neighborhood Gallery, and Ginny Foot, The Art of Framing. Rick and Heather Spillane, City's Art Center, are drawing up the judging criteria and scoring sheets. We're really pleased that you've agreed to be a judge. If you have any %stions, please don't hesitate to call me. Jeanne Scope out the new MSN Plus Internet Software -- optimizes dial-up to the max! http://join.msn-com/?pgmarket=en-us&page=byoa/plus&ST=l VII.-CODE - LEGAL CITY OF BOYNTON BEAC SETTLEMENT AGENDA ITEM REQUEST FO1 ITEM A. 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 20, 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 17, 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 Peter Ebbole v. CitY of Boynton Beach Plaintiff Counsel: Scott Poisson, Esq., Bernstein and Maryanoff ~.~ Defense Counsel: Benjamin Bedard, Esq., Roberts Reynold Bedard & Tuzzio RECOMMENDATION: Motion to pay settlement from court ordered mediation in the amount of $15,000. EXPLANATION: On July 10, 2002, Plaintiff slipped and fell on the boardwalk at Boynton Beach Oceanfront Park. This resulted in a fractured fibula and deltoid ligament at the right ankle. This required an open reduction surgical procedure. Total medicals and lost wages claimed were $29,779.78. Initial demand at mediation was $100,000. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Depa,hnent. FISCAL IMPACT: Settlement will be charged to the Risk Management budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at ~20-65,000. Additional defense trial legal costs are estimated at $15,000. nt/~;~g~e~a~ ead~ign-a~xt~e ' City Manager"s Signature RISK MANAGEMENT Department Name ~/- C~ty Att~y"~'l~ihance / Human Resources CJM/Claimgl/Ebbolep01 .dot S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine (~j~ Risk Manager DATE: January 27, 2004 SUBJECT: Peter Ebbole v. City of Boynton Beach, et al Date of Loss: July 10, 2002 Risk Management recommends the City Commission ratify the: X Settlement __ Judgement in the above stated manner. RESERVES: Indemnity: $ 35,000 Expenses: $ 10,000 Demand: Original: $100,000 Final: $ 27,500 Offer: Original: $ 3,000 Final: $ 15,000 X SETTLEMENT: $ 15,000 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, inII any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. I Current Adjustment Fees: $ Current Legal Fees: $ 7,717 JUDGEMENT: $ - Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: On July 10, 2002, Plaintiff slipped and fell on the boardwalk at Boynton Beach Oceanfront Park. This resulted in a fractUred fibula and deltoid ligament at the right ankle. This required an open reduction sUrgical procedUre. Total medicals and lost wages claimed were $29,779.78. Initial demand at mediation was $100,000. Cjm/Claimgl/EbbolepO2.doc Judicial Circuit: Judge:Minimum Mediator time i$ 2 hours County: '"~ !~,' Mediator: Rodney G. Romano, Mediation, Inc. 1-800-741-7000 SE~LEMENT AG~EMENT This case was mediated on ~ /~/0~ and is seffied under the following terns which the parties agree are bi~ding a~finforceable: 1) Defense will pay the sum of $ ~~ , payable to plaintiff(s) ~d plaintifffs counsel's trust account (FE~ ~;/[ ~ o ~e ff ), and in exchange for a ~11 release, smishction of all related claims and liens, including medical claims and liens, and dismissal with prejudice if suit has been filed. 2) Pa~ies shall bear their own costs and a~omey fees. Exceptions: . , / I '~ . ~ / Def~n~ or Claims Rep. ~la[nti~f ' - / Plaintiff ~ rney Other Party Other Party's Attorney VIII.-PUBLIC HEARING CITY OF BOYNTON BEA ITEM A. AGENDA ITEM REQUEST 1 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 item for Ocean District on the February 17, 2004 City Commission agenda under Public Hearing and First Reading. The final draft of the Ocean Dislrict Community Redevelopment Plan is to be presented to the public and City Commission by staff. The Community Redevelopment Agency Board considered and approved the plan on January 13t~, without selecting a preferred alternative. This document represents an amendment to the City's Community Redevelopment Plan, and therefore must be adopted by ordinance per state law. Staff recol~aslends that this document be approved, including the selection of one of the two alternatives. EXPLANATION: The Ocean District Community Redevelopment Plan constitutes a partial update of the existing 1983 CRA Redevelopment Plan. The Plan reviews land uses and development standards for the area surrounding Ocean Avenue and Town Square and is intended to: (1) create a desirable place to live and work where both residents and workers have a sense of responsibility (2) create a place of unique character with public spaces where people feel comfortable together, (3) create a place of common vision and physical predictability for all new development that will allow for commercial and residential growth, (4) create a place of profitable investment that provides a positive aesthetic experience, (5) a memorable place of human interaction and cultural benefit, and (6) ensure that future development in the area is consistent with the intent of the "Vision 20/20 Redevelopment Plan" while meeting the needs of the community. This Plan conforms to the provisions of Chapter 163.362 of the Florida Statutes regarding Community Redevelopment Plans and establishes the basis for Comprehensive Plan amendments, Code revisions and rezonings in the Ocean District Area. From the public involvement process, two top alternatives (g4 and #5) remain for ultimate selection by the City Commission. The two alternatives only differ in regards to the future of the old high school. Alternative g4 proposes the replacement of the school with a promenade or "linkage" between the city hall campus with the library and civic center area of Town Square, and a "Public Lawn" along Seacrest Boulevard. In Contrast, Alternative #5 preserves the high school and proposes a parking structure in lieu of a "Public Lawn/Promenade". Staff is prepared to initiate the implementation of this plan, beginning with the following plan recommendations: (1) evaluate for applicability and amend or tailor if necessary the the Mixed Use-Low Intensity Zoning District; (2) develop signage standards that address in detail issues such as sign height, width, style, lettering, color, placement, landscaping, and content; and (3) develop a design program for structures, signage and street furniture, that includes the implementation of a color palate and architectural themes in the context of the district. PROGRAM IMPACT: Approval continues the incremental updating of the Community Redevelopment Plan as required in conjunction with expansion of the CRA boundary. S:~BULLETIN~ORMS~kGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: N/A ALTERNATIVE~t a different alternative and/or make further desired changes to the plan. Deve~er~ D["~rnent I~irector City Manager's Signature / Planning an r City Attorney / Finance / Human Resources S:XPIanning\SHARED\WP\SPECPROJ~Ocean District~genda Request Ocean District 2nd Reading 2-17-04.doc SSBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 004- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA ADOPTING THE OCEAN DISTRICT COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Ocean District Community Redevelopment Plan constitutes a partial of the existing 1983 CRA Redevelopment Plan; and WHEREAS, the Plan reviews land uses and development standards for the area g Ocean Avenue and Town Square and is intended to: (1) create .a desirable place live and work where both residents and workers have a sense of responsibility; (2) create a of unique character with public spaces where people feel comfortable together, (3) a place of common vision and physical predictability for all new development that will for commercial and residential growth; (4) create a place of profitable investment that a positive aesthetic experience, (5) a memorable place of human interaction and benefit, and (6) ensure that future development in the area is consistent with the intent of the "Vision 20/20 Redevelopment Plan" while meeting the needs of the community; WHEREAS, this Plan conforms to the provisions of Chapter 163.362 of the Florida regarding Community Redevelopment Plans and establishes the basis for Plan amendments, Code revisions and rezonings in the Ocean District Area; ;:\CA\Ordinances\Ocean District Community Redevelopment Plan.doc WHEREAS, staff has recommended the approval of this document, including the of one of two alternatives regarding the future of the old high school. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated ~erein by this reference Section 2. The City Commission of the City of Boynton Beach, Florida, hereby the Ocean District Community Redevelopment Plan. Section 3. That the Ocean District Community Redevelopment Plan constitutes a update of the existing 1983 CRA Redevelopment Plan. Section4. All laws and ordinances in conflict with any provisions of this are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion be declared by a court of competent jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately upon FIRST READING this __ day of February, 2004. :\CA\Ordinances\Ocean District Community Redevelopment Plan.doc SECOND, FINAL READING AND PASSAGE this __ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner COmmissioner Clerk iS:\CA\Ordinances\Oceaa Dislxict Communigt Redevelopment Plan.doc THE OCEAN DISTRICT COMMUNITY REDEVELOPMENT PLAN Prepared For: The City Of Boynton Beach Community Redevelopment Agency Prepare By: The Department of Development Planning and Zoning Division February 2004 EXECUTIVE SUMMARY Executive Summary The Ocean District is directly adjacent to the city's downtown core. As such, it serves as a gateway community to the downtown area and supports the Federal Highway Corridor. The Ocean District Community Redevelopment Plan was prepared to serve three purposes. First, the plan will contribute toward the updating of the existing Community Redevelopment Area (CRA) Plan. The CRA plan is being revised in a five-part effort. The first effort is the Federal Highway Corridor Community Redevelopment Plan that was adopted in May 2001. The second effort is the Heart of Boynton Community Redevelopment Plan, which was adopted in December 2001. This study, The Ocean District Community Redevelopment Plan, is the third component of this update process. The fourth effort, currently underway, will address the Boynton Beach Boulevard Corridor, followed by the study of the remaining portion which is element to include the industrial area west of Interstate 1-95. The second purpose of this Plan is to recognize certain broad goals that need to be achieved in order to make downtown Boynton Beach a successful place. In terms of these goals, a successful place can be defined as: 1. A desirable place to live and work where both residents and workers have a sense of responsibility for the successful outcome; 2. A place of unique character with public spaces where people feel comfortable together; EXECUTIVE SUMMAR¥ 3. A place of common vision and physical predictability for all new development that will allow for commercial and residential growth. A place of profitable investment that provides a positive aesthetic experience; and 4. A memorable place of human interaction and cultural benefit. The third purpose of the Plan is to provide recommendations for projects and programs, including amendments to the adopted Future Land Use Plan and Land Development Regulations, to be undertaken in order to create a new image and mix of uses for the civic and cultural center of the city. The study area is bounded by N.E. 3ra Avenue on the north, by Seacrest Boulevard on the west, by the F.E.C. Railroad on the east and by S.E. 2nd Avenue on the south. Existing conditions within the study area were thoroughly examined and evaluated. They indicate that there are a variety of challenges to, and opportunities for development and redevelopment. The plan calls for areas that lie south of N.E. 3rd Avenue and north of N.E. 1st Avenue to feature the most intense development. The areas containing Town Square should provide a transition f~om the civic and cultural center to urban form. The areas north and south of Ocean Avenue will frame the Ocean Avenue corridor, providing support for its business and other activities, while also supporting the preservation of the predominantly residential character of the neighborhood that lies in the southeast area of the Plan. Each of the areas presents unique issues. Collectively, these planning areas will form a hierarchy of development that will result in economic growth and a pedestrian- oriented, vibrant town center. EXECUTIVE SUMMARY Specific recommendations to guide the City toward realization of orderly and aesthetically pleasing development and redevelopment in the Ocean District Community Redevelopment Plan are summarized as follows: 1. Amend the Mixed-Low Regulations to add specific development standard for the Ocean District. A lesser density and intensity will provide a transition from the current allowed density and intensity in the adjacent downtown area; 2. Develop detailed signage standards to contribute to the aesthetic appearance of the Ocean District; and 3. Develop a design program for structures and street furniture to include a color palate. TABLE OF CONTENTS LIST OF TABLES vi LIST OF EXHIBITS vii SECTION I. COMMUNITY REDEVELOPMENT AGENCY Introduction and History 2 Goals, Objectives and Policies 9 General Statement 13 II. ANALYSIS OF EXISTING CONDITIONS Existing Land Use Regulation and Policies 18 Existing Traffic Patterns 28 Existing Property Analysis 33 Existing Code Compliance 38 Pictorial of Existing Conditions 40 III. REDEVELOPMENT PLANNING PROCESS In-house Workshop and Public Visioning Sessions 45 Study Areas' Strengths and Weaknesses 47 Staff Analysis After In-house Workshop and Public 48 Visioning Sessions IV. ISSUES AND OPPORTUNITIES Issues and Opportunities: Redevelopment Strategies 54 V. ALTERNATIVE PLANS Urban Design Narrative 58 VI. RECOMMENDATIONS AND PROJECTS Recommendations and Projects 91 VII. NEIGHBORHOOD IMPACTS OF REDEVELOPMENT ACTIVITIES Neighborhood Impacts of Redevelopment Activities 96 VIII. SOURCES OF REDEVELOPMENT FUNDING AND FINANCING Sources of Redevelopment Funding and Financing 100 IX. REFERENCES 104 X. ACKNOWLEDGEMENTS 106 XI. APPENDIX 107 LIST OF TABLES Tables Page 2.1 Land Use Distributions 24 2.2 Zoning Distribution Chart 24 2.3 Uses Distribution Chart 33 2.4 Assessed Value for Single-Family Homes 34 2.5 Change in Assessment for Single-Family Homes 34 2.6 Market Activity for Single-Family Homes 34 2.7 Assessed Value for Condominiums 35 2.8 Change in Assessment for Condominiums 35 2.9 Market Activity for Condominiums 35 2.10 Assessed Value for Commercial 36 2.11 Market Activity for Commercial 37 7.1 School Capacity and Enrollment, 2008-2009 97 vi LIST OF EXHIBITS Exhibit Page 1.1 Boundary of District Study Area 8 2.1 Boundary of Parcel Map 16 2.2 Boundary of Aerial Photo Map 17 2.3 Existing Land Use Map 25 2.4 Current Zoning Map 26 2.5 Cun'ent Future Land Use Map 27 2.6 Traffic Study Area Map 32 2.7 Pictorial of Existing Conditions 40-43 5.1 Ocean District Community Redevelopment Plan (Alternative 4) 58 5.2 Ocean District Community Redevelopment Plan (Alternative 5) 58 5.3 Boynton Beach Boulevard Corridor 59 5.3A Proposed Boynton Beach Boulevard Corridor 60 5.4 Town Square Plan 62 5.5 City Hall Block 64 5.5A Proposed City Hall Block Alternative 4 65 5.5B Proposed City Hall Block Alternative 5 65 5.6 Children's Museum 67 5.6A Proposed Children's Museum Alternative 4 68 5.6B Proposed Children's Museum Alternative 5 68 5.7 Cultural Block 71 5.7A Proposed Cultural Block 72 vii 5.8 Seacrest Boulevard 74 5.8A Proposed Seacrest Boulevard 75 5.9 Ocean Avenue Promenade 76 5.9A Proposed Ocean Avenue Promenade 77 5.10 F.E.C. Railroad Tracks 79 5.10A Proposed F.E.C. 80 5.11 Single Multi-Family Residential 81 5.1 lA Proposed Single Family 82 5.1 lB Proposed Multi-Family 82 5.12 Alternative 4 83 5.13 Alternative 5 84 5.14 Proposed Street Section (Ocean Avenue) 85 5.15 Proposed Street Section (Ocean Avenue) 86 5.16 Proposed Street Section (Town Square) 87 5.17 Proposed Street Section (Boynton Beach Boulevard) 88 5.18 Proposed Street Section (Town Square) 89 6.1 Proposed Future Land Use Map 94 viii SECTION I COMMUNITY REDE VEL OPMENT A GENC Y COMMUNITY REDEVELOPMENT AGENCY 1. Introduction and History Redevelopment efforts in the City of Boynton Beach commenced in August 1981 when the City established the Boynton Beach Community Redevelopment Agency (CRA) in accordance with Chapter 163, Part 3, F.S. On May 4, 1982, the City of Boynton Beach declared a portion of the downtown area to be suffering from slum and blighted conditions, as evidenced in Resolution 82-KK, and established a Community Redevelopment Area (also referred to as "CRA") that initially contained 180 acres. The original boundary of the CRA included a core portion of the Ocean District Community Redevelopment Area,.... Northeast 3rd Avenue to Ocean Avenue on the north. The powers of the CRA that are contained in Section 163.370, Florida Statutes include, but are not necessarily limited to, the following activities: [] Acquire property deemed necessary for community redevelopment, except that the use of eminent domain shall require specific approval from the City Commission; [] Hold, improve, clear, or prepare any acquired property for redevelopment; [] Dispose of property acquired within the Community Redevelopment Area for uses in accordance with the adopted community redevelopment plan; [] Carry out programs of repair and rehabilitation; [] Plan for and assist in the relocation of persons displaced by redevelopment activities; [] Receive and utilize tax increment revenues to fund redevelopment activities; Appropriate such funds and make such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969; and a Close, vacate, plan, or replan streets, roads, sidewalks, ways or other places. 2 COMMUNITY.REDEVELOPMENT AGENCY The CRA may undertake any additional action not specifically mentioned above if such action is necessary to undertake redevelopment efforts, except that the following powers remain under the control of the Boynton Beach City Commission, pursuant to Section 163.358, Florida Statutes: The power to determine an area to be a slum or blighted area, or combination thereof; to designate such area as appropriate for community redevelopment; and to hold any public hearings required with respect thereto; ca The power to grant final approval to community redevelopment plans and modifications thereof; The power to authorize the issuance of revenue bonds as set forth in Section 163.385, Florida Statutes; ca The power to approve the acquisition, demolition, removal, or disposal of property as provided in Section 163.370(3), Florida Statutes, and the power to assume the responsibility to bear loss as provided in Section 163.370(3), Florida Statutes; and, ca The power to approve the development of community policing innovations. In April of 1983, pursuant to its finding of necessity, the City commenced preparation of the Boynton Beach Community Redevelopment Plan comprising a redevelopment program pursuant to the Community Redevelopment Act of 1969 as amended fi.om time to time. The plan was subsequently adopted on August 21, 1984. The Redevelopment Plan examined the current conditions at that time, the market opportunities, and made some key recommendations for redevelopment that focused on the downtown area, which centered on Boynton Beach Boulevard and Federal Highway. Broadly, the plan recommended the creation of a unique identity for downtown that should be pedestrian-friendly, marine focused and oriented toward the water. To achieve this broad goal, the plan made three key recommendations. First, the plan recommended 3 COMMUNITY REDEVELOPMENT AGENCY construction of a mixed use development consisting of a public waterfront park, specialty retail and residential uses. Next, the plan recommended construction of a hotel with convention space in order to recapture the City's share of the tourism industry. The third broad recommendation was the creation of a marina and marine related uses east of Federal Highway along the Intracoastal Waterway (ICW). At the time that the original Community Redevelopment Plan was prepared and those recommendations were made, the Florida Department of Transportation (DOT) was planning roadway improvements in the area. The DOT had previously made improvements to Boynton Beach Boulevard. The next phase of planned work was to construct a bridge at Boynton Beach Boulevard that spanned the ICW, and then remove the existing bridge at Ocean Avenue. The redevelopment plan contained recommendations that were based upon the DOT roadway work being completed. The plan was specific in stating that the success of the recommended redevelopment concepts would hinge upon the construction of the Boynton Beach Boulevard bridge, and removal of the Ocean Avenue bridge to the south. The planned bridge, however, was never constructed because of neighborhood preservation issues raised by residents, and the renovated Ocean Avenue bridge continues to provide access to the east in this immediate area. The Boynton Beach Community Redevelopment Agency subsequently expanded the boundary of the original CRA. The expanded area included an additional 518.76 acres of land lying west of the Florida East Coast Railroad to Interstate 95, between the Boynton Canal on the north and Ocean Avenue on the south. A separate redevelopment plan was adapted to provide recommendations for the expanded area, which included focusing on 4 COMMUNITY REDEVELOPMENT AGENCY Boynton Beach Boulevard as a gateway to Boynton Beach and preservation of the residential character of the expanded CRA area, which was composed mainly of residential land uses. In September 1996, the City of Boynton Beach conducted a citywide visioning session. More than 100 community representatives participated in the American Assembly Process, which resulted in a policy statement that addressed seven key issues of concern. Among these were commercial revitalization and economic development. The City utilized this policy statement to commence the process of specific planning efforts for the redevelopment of downtown and the marina areas, as well as for major roadway corridors. These efforts resulted in the Boynton Beach 20/20 Redevelopment Master Plan (20/20 Plan) that was completed in September 1998. The 20/20 Plan addressed the seven key issues identified during the American Assembly Process and restated them in terms of specific goals and objectives. A number of these goals and objectives will be furthered in part or in whole through the preparation and implementation of the Ocean District Community Redevelopment Plan. Generally, these focus on uses and needed development standards within the Ocean District, and are summarized as follows: Goal 2: Commercial Revitalization Objective 2.1 - Expand the CRA boundary to increase financial resources during redevelopment plan implementation. Goal 3: Downtown Redevelopment Objective 3.1 - Create specific areas in the downtown that are pedestrian and bicycle friendly, and where mixed uses and infill development are encouraged. 5 COMMUNITY REDEVELOPMENT AGENCY Objective 3.2 - Prepare conceptual area plans and design criteria for the cultural center/marina area district that addresses such issues as mixed uses, signage and landscaping. Through the documented conditions of slum and blight contained in the 20/20 Plan, the CRA board evidenced the need to expand the CRA to include those portions of the Ocean District Community Redevelopment Plan south of Ocean Avenue to north of Southeast 2na Avenue. While the boundaries were expanded, the redevelopment plan itself was not updated to include this additional land area. This plan, therefore, will serve as a redevelopment plan for the Ocean District Community Redevelopment Area that emphasizes uses and development standards; and provides sufficient scope and format to fulfill the minimum plan requirements of Chapter 163.362 for the expanded CRA area. The boundaries of this expanded area, include Northeast 3ra Avenue on the north, Seacrest Boulevard on the west, the F.E.C. Railroad on the east, and Southeast 2na Avenue on the south, (see Exhibit 2.1- Location Map on Pg 15). The study focused on uses and needed development standards for this downtown district. The boundaries of the expanded Community Redevelopment Area were drawn to take into account the need for physical redevelopment as well as the need to protect neighborhood areas from the presence of blighting influences. Properties located within the redevelopment area that are not presently in need of redevelopment assistance, are threatened by the nearby presence of blighting conditions and, therefore, are included to preserve their long-term viability. As a general standard, the boundary of a proposed redevelopment area includes areas which clearly meet the slum or blight criteria, as well as areas that may not be considered individually, but which are otherwise necessary to 6 COMMUNITY REDEVELOPMENT AGENCY achieve the objective of eliminating blight and preventing its spread. Additionally, some physically sound areas were included in the expanded redevelopment area based on the their functional relationship to the Ocean District Community Redevelopment Plan and the uses to which they are contiguous. 7 OCEAN DISTRICT STUDY AREA Legend r,'r~ ,'~ ~, .,O'U'I_':T~', ',r?--.f 1"/i'~:, k ~_l)omda~ :~ ''~ :--'-'-' ~-~ ....... ~,~ ~lll~,Q~ict Bomdar,/ I~lmads O~eanDistri~ Conununity, Rede~,elopmem Plan ~ CRA Bo~ndmy COMMUNITY.REDEVELOPMENT.4 GENCY 2. CRA Goals, Objectives and Policies The underlying concept behind the goals and objectives contained in the original Community Redevelopment Plan are still applicable, with minor revisions to address changing circumstances. The concept of those goals and objectives are included within this section. Additional goals, objectives and policies have been added to address the Ocean District. GOAL 1: The Community Redevelopment Agency will undertake programs and projects to establish a unique identity for the Ocean District Redevelopment Area as a gateway to city's downtown core. Objective 1.1: Community planning areas shall be identifiable Policy 1.lA: Develop a coordinated signage program that effectively identifies the entrances to each of the planning communities. Policy 1.lB: Develop a strategy to promote these community planning areas to citizens and the general public. Policy 1. lC: Ensure that each planning community has a public presence Policy 1.1E: Create an environment that encourages a variety of full time activity in the area. Objective 1.2: Community planning areas shall form a hierarchy that lead to the core downtown. Policy 1.2A: Create zoning and land development regulations that allow for diversity of mixed uses in the downtown area and adjacent communities. Policy 1.2B: Create zoning and land development regulations for communities adjacent to the downtown that allow for a height and mix of uses that provides a transition into the downtown COMMUNITY.REDEVELOPMENT AGENCY Objective 1.3: Community planning areas shall include a balance of sustainable, functional land uses. Policy 1.3A: Land uses within the downtown area shall be mixed uses that include residential, destination commercial, retail and restaurants. Policy 1.3B: Permitted land uses shall be destination uses and not those with a vehicular orientation. Policy 1.3C: Land development regulations shall discourage single user commercial uses with front field parking. Policy 1.3D: Land uses within the communities that form the gateways to downtown shall be mixed uses that include residential and neighborhood serving retail. Policy 1.3E: Within the communities that form the gateways to downtown, general commercial uses that have a vehicle orientation shall be discouraged. Policy 1.3F: A range of residential styles and intensities shall be encouraged within the communities that form the gateways to downtown. Policy 1.3G: A range of residential styles and intensities shall be encouraged within the communities that are the entrances to the city. Policy 1.3H: Land development regulations shall address buffering and setbacks between residential uses and non-residential uses to protect the community. GOAL 2: The Community Redevelopment Agency shall foster economic growth and redevelopment within the Redevelopment Area. Objective 2.1: Provide incentives for development and redevelopment. Policy 2. lA: Land use plan designations to allow for mixed use development, as recommended by the redevelopment plan, shall be initiated by the CRA. Policy 2. lB: Land development regulations shall provide alternatives to parking requirements in the downtown area. Policy 2. lC: Land development regulations shall encourage maximum site utilization for development and redevelopment of single-family, detached residential areas. Policy 2.1D: The Community Redevelopment Agency shall pursue the construction of specified redevelopment projects. Its role in the projects shall be one of active participation 10 COMMUNITY.REDEVELOPMENT.4 GENCY and may include, but not necessarily be limited to, property acquisition, building demolition, provision of parking facilities and infi:astmcture improvements. Objective 2.2: Maximize economic value of development and redevelopment Policy 2.2A: Development and redevelopment projects that provide for increased employment opportunities for residents shall be encouraged. Policy 2.2B: When possible, CRA funding for projects shall be structured to encourage investment in redevelopment and rehabilitation, in either the same project or adjacent areas. Policy 2.3C: The Community Redevelopment Agency shall initiate programs and projects that focus on business development and act as catalysts to leverage additional investment by private enterprise. Objective 2.3: Encourage public activity in the downtown community and adjacent neighborhood. Policy 2.3A: The Community Redevelopment Agency shall either directly or indirectly encourages programs to market the downtown. Policy 2.3B: The CRA shall develop a strategy to provide for regularly scheduled special events in the area. GOAL 3: The Community Redevelopment Agency will pursue activities and projects that will create an aesthetically pleasing environment. Objective 3.1: Provide for appropriate land uses. Policy 3. lA: Uses that have a vehicular orientation shall not be permitted in the downtown community, or in the adjacent communities that are the gateways to the downtown. Policy 3.lB: Adult entertainment and similar thoroughfare uses, such as tattoo parlors, fortune tellers, body piercing shops, head shops and other similar uses, shall not be permitted to locate within the redevelopment area. Policy 3. lC: Land uses that incorporate outdoor storage or display shall not be permitted. Objective 3.2: Provide for appropriate land development regulations. Policy 3.2A: Land development regulations shall provide a coordinated siguage program for the redevelopment area. 11 COMMUNITY REDEVELOPMENT AGENCY Policy 3.2B: The CRA shall develop an architectural theme and color palate for the redevelopment area. Policy 3.2C: The CRA shall encourage the development and implementation of a streetscape program that may include street furniture, special signage, unique crosswalk treatments and landscaping. 12 COMMUNITY RED VEL OPMENT AGENCY 3. General Statement Relating to the CRA Relationship to City's Comprehensive Plan It is the intent of the Community Redevelopment Agency to conform all of its proposed programs, projects and activities to the Boynton Beach Comprehensive Plan and the adopted code of ordinances. In this regard, portions of the comprehensive plan, future land use plan map and the land development regulations will need to be amended to allow for redevelopment activities as recommended. Safeguards to Ensure Redevelopment Activities Follow the Redevelopment Plan The following activities will ensure that redevelopment actions will be consistent with the adopted redevelopment plan: The CRA shall file an annual report with the State's Attorney General Office and the City of Boynton Beach. The report shall contain an overview of the activities of the CRA as allowed by the redevelopment plan. c~ The CRA shall be fully subject to the Florida Sunshine Law and will meet at least on a monthly basis in a public forum. The CRA shall provide adequate safeguards to ensure that all leases, deeds, contracts, agreements and declaration of restrictions relative to any real property conveyed shall contain restrictions or covenants to mn with the land and its uses, or contain other provisions necessary to carry out the goals and objectives of this plan. Safeguards to Ensure Financial AccountabiliW The CRA shall maintain adequate records to provide for an annual audit that shall be conducted by an independent auditor. The findings of the audit shall be presented at a meeting of the CRA and such findings shall be fonvarded to the State Auditor General's Office by 13 COMMUNITY RED VELOPMENT A GENCY March 31st of each year for the preceding year that shall mn from October 1~t through · September 30th. The annual audit report shall be accompanied by the CRA's annual report and shall be provided to the Town for public review and availability. Legal notice in a newspaper of general circulation shall be provided to inform the public of the availability for review of the annual audit and annual report. 14 SECTION II ANAL YSIS OF EXISTING CONDITIONS 15 Legend Railroa ds I ', Buildings Ocean DisltSci Commm,~ity Rede~,elepme)~t T Fa~ls ~:M~ 2, 2~ ~-~ 16 Railroa~ Parcels: 17 ANAL E¥IS OF EXISTING CONDITIONS 1. Existing Future Land Use and Zoning Existing Future Land Use and Zoning The Existing Future Land Use Map and Zoning Map specify the land uses, type and specific uses that are permitted on a parcel. These, along with the Land Development Regulations, which deal with spatial relationships of improvements, are the primary tools by which the City regulates development within its boundaries. The following paragraphs describe the present future land use designations and the corresponding zoning districts within the 37.7-acre Ocean District Redevelopment Study Area. Low Density Residential (LDR) The southeastern comer of the study area contains approximately 1-1/2 blocks designated Low Density Residential, which permits development at 4.84 dwelling units per acre (du/ac). This same future land use designation extends across almost the entire area abutting the southern boundary of the study area and occupies approximately 2.7 acres. The corresponding zoning district, Single-family Residential (R-l-AA), limits the area, to in part, to single family homes. Medium Densit~ Residential (MDR) Land designated Medium Density Residential is found in a strip of approximately 2.6 acres along the northwestern boundary of the study area. This designation permits 18 ANAL YSIS OF EXISTING CONDITIONS development at 9.68 du/ac and corresponds to the single- and two-family (R-2) zoning district. This land use designation extends northward beyond the study area. High Densi~_ Residential (HDR) Portions of four blocks, or approximately 3.9 acres, in the core of the study area are designated High Density Residential. This designation permits residential single, two family and multi-family uses up to a maximum of 10.8 du/ac, and corresponds with the Multi-family Residential (R~3) zoning district. All of the existing multi-family residential developments within the study area were built at higher densities ranging between 16.5 du/ac and 48.4 du/ac. Local Retail Commercial (LRC) With the exception of four parcels in the northeast comer of the study area (see general commercial), all of the commercially-classified land in the study area, or approximately 11.9 acres, is designated Local Retail Commercial. This designation corresponds with the Neighborhood Commercial (C-2) and Community Commercial (C- 3) zoning districts. Uses allowed in this- land use category include offices, retail uses, personal services and repair of consumer goods and business services compatible with retail uses. In addition, high-density residential and mixed-use developments are also allowed within this commercial zoning district. 19 ANAL YSLY OF.EXISTING CONDITIONS The lands designated Local Retail Commercial are found along the Boynton Beach Boulevard corridor, along Ocean Avenue, and along the eastern boundary of the study area, fronting on the FEC Railroad right-of-way. That portion of Ocean Avenue located between 1st Street and 3rd Street that is designated Local Retail Commercial, is zoned Multi-family Residential (R-3). All of the parcels, except one, are developed with residential uses. The single exception is the property developed as a convenience store. The Comprehensive Plan allows for property designated Local Retail Commercial to be developed with multi-family uses. The Zoning Code also allows for property zoned Community Commercial (C-3) to be developed with multi-family uses; however, the code does not allow for property zoned Multi-family Residential (R-3) to be developed with a commercial use. General Commercial (GC) The General Commercial land use category allows the most intense commercial development and corresponds with the General Commercial (C-4) zoning district. As cited above, there are 4 parcels, totaling approximately 0.9 acres, in the northeast corner of the study area (north of Boynton Beach Boulevard) that are classified accordingly. Industrial (I) Only two parcels totaling 0.5 acre in the study area are designated Industrial and zoned Light Industrial (M1). These parcels are adjacent to the area classified General Commercial in the northeast corner oft_he study area and adjacent to the FEC Railroad 20 ANAL E¥IS OF EXISTING CONDITIONS fight-of-way. Both areas classified General Commercial and Industrial extend northward beyond the study area. Public & Private Governmental/Institutional (PPGI) Approximately 40 % of the study area, or 15 acres, are designated Public & Private Governmental/Institutional and are occupied by the municipal complex. Within this land use category are lands zoned Public Use (PU) and Recreation (REC). This area has also been the subject of the Town Center Master Plan. ***The following section are existin~ Comprehensive Plan Policie_~ affectine the study area The existing Comprehensive Plan Future Land Use support document, "Section VIII. Land Use Problems and Opportunities", contains additional recommendations applicable to the study area, and in particular the Municipal Complex and the commercial area along Ocean Avenue. This study will reconsider the current value of these policies and recommend steps to further implement them or recommend alternative amendments and policies. Municipal Complex The City is currently considering the expansion of the City Hall/Civic Center/Library complex, which occupies the blocks along the east side of Seacrest 21 ANAL E¥IS OF.EXISTING CONDITIONS Boulevard, between Boynton Beach Boulevard and SE 2nd Avenue. Since the parcels which are currently zoned Recreation and R-3 Multiple-Family Residential on these blocks may be incorporated into the municipal complex, the entire area should be placed in the Public and Private Governmental/Institutional land use category and Public Usage zoning district. The parcel, which is currently occupied by multiple-family housing, should be construed to be in this land use category only when it is actually acquired by the City and redeveloped for public use. East Ocean Avenue between Seacrest Boulevard and FEC Track~ In order to create a pedestrian and commercial corridor between City Hall and the CBD district, a special zoning district should be created for the segment of E. Ocean Avenue lying between 1st Street and the FEC tracks. However, in order to preserve the character of this street and prevent conflicts with adjacent residences, the following policies will be necessary: (1) Allow only restricted retail and office use for parcels fronting on E. Ocean Avenue; (2) Restrict building heights to 2 stories (25 feeO; (3) Restrict the hours of operation for commercial uses; (4) Encourage "coastal vernacular" architecture for commercial buildings; encourage re-use of existing historic buildings for commercial uses. In order to encourage commemial uses along this street frontage, The City should allow all parking requirements to be waved for commercial uses, which occupy only lots 22 ~4NAL YSIS OF EXISTING CONDITIONS fronting on Ocean Avenue. Adequate parking will be provided on Ocean Avenue, at the City Hall complex, and proposed municipal parking garage between the FEC railroad and U.S. 1. 23 LAND USE AND ZONING DISTRIBUTIONS Table 2.1 -- Land Use Distribution Chart LAND USE DISTRIBUTION CHART 1 2% HDR IND PPGI [ I " 7% LRC MeDR 32% 7% Table 2.2 -- Zoning Distribution Chart ZONING DISTRIBUTION CHART 2 REC C2 16% '~... 10% ',. .] C3 R3 --. ,/' ..... 16% 16% "~- ' .~ 2% 7% I ~ PU ~.~. MI R1A 25% -- 1% 7% 24 25 i~E I$T AVE f~ 1ST AVE SE ~S T AVE SE fS T AVE 26 ME ~ST AVE ME fST AtAE ~"-- c,.'rT'r.,'r,~ T'r' ~,"r.r. rfl? r_Tr,,.LE 'r_.,.~,., r~ r.;r~.~ !"./r.L~L? ~.~ ~?'~' '-~2 ........ Ocea~ D i~ri:t C'.o m m turin, Red e~relopment Pla~ c~r 27 ANAL YSIS OF EXISTING CONDITIONS 2. Existing Traffic Patterns Tra~c Volumes Staff has conducted a number of 24-hour traffic volume counts throughout the entire study area. A graphical representation of traffic volumes is attached as exhibit "A". Staff finds that the lowest traffic volume identified was 184 vehicles per day on Barrista Way, a local street that functions like an alley connecting NE 4th Street and Federal Highway. The highest traffic volume counted within the study area was 932 vehicles per day on that segment of Ocean Avenue located between Federal Highway and SE 4th Street. Staff finds these traffic volumes to be extremely low for a central business district area. It would not be uncommon to find a collector street such as Ocean Avenue carrying nearly 3,000 vehicles per day, and those streets immediately on the perimeter of a central business district to carry 1,000 to 2,000 vehicles per day. Low traffic volumes have also been recorded in the area south of Ocean Avenue and East of S~acrest Boulevard, which consist of multi-family housing. This data may be attributed to the off-season period during which time the traffic volume surveys were conducted. In any scenario, staff believes that there remains sufficient capacity on the existing roadway network to accommodate growth and development in the area. Naturally, traffic volumes along Boynton Beach Boulevard, Seacrest Boulevard, and Federal Highway are much higher. According to Palm Beach County, 24-hour volumes on these arterial roadways are as follows: Boynton Beach Boulevard 14,285 Federal Highway 22,37 Seacrest Boulevard 15, 9 70 28 ANAL E¥IS OF EXISTING CONDITIONS Developers rely heavily on traffic volume data, especially for development that will have a retail component. As a comparison to traffic volumes on arterial roadways in the study area, staff noted that there is in excess of 28,000 vehicles per day on Boynton Beach Boulevard near Congress Avenue and over 38,000 vehicles per day on Congress Avenue. Regulator~ Tra_~c Control Staff has identified regulatory traffic control on exhibit "A". Traffic is primarily regulated at intersections by either 2-way or 4-way stop signs, except for the intersections of arterial roadways that are controlled by traffic-actuated signals. Staff does not recommend any changes to existing regulatory intersection control due to low anticipated benefit and the public being accustomed to current circulation patterns. On Ocean Avenue, the 4-way stop configurations located at the intersection of SE 1 st Street and SE 3rd Street are not likely warranted according to the Manual on Uniform Traffic Control Devices. Staff does not recommend any change to the regulatory control at these intersections at this time. However, staff does suggest that as the downtown redevelops and traffic volumes increase on Ocean Avenue, the city should consider the benefit of replacing stop signs with alternative traffic calming devices, to bring into account both traffic engineering guidelines and impact on local businesses. Staff also notes that the 4-way stop intersection at Ocean Avenue and 4th Street is of particular concern due to its close proximity to the FEC Railroad crossing. An unsafe situation could be created at this location should traffic at the intersection stack-up into the railroad crossing. 29 ANAL EgIS OF EXISTING CONDITIONS Pedestrian Concerns Throughout the entire study area staff finds a wide variety of pedestrian related features. Sidewalks exist along all arterial roadways such as Seacrest Boulevard, Boynton Beach Boulevard, and Federal Highway. It is also fortunate that sidewalks have been constructed on both sides of Ocean Avenue through the entire study area. However, local roadways within the study area exhibit a wide range of pedestrian safety elements. Staff has identified the existing sidewalk on exhibit "A". You will note that there are many low volume roadways that have gaps in sidewalks or have sidewalks constructed adjacent to individual single-family lots and nowhere else on the particular block. For example, sidewalks exist around the library, but are absent throughout the neighborhoods around the library. Similar characteristics exist around City Hall and throughout the commercial district east of the railroad tracks. In addition to the lack of sidewalk in the local residential areas, staff finds a number of other impairments to pedestrian safety. For example, there are a number of multiple-family complexes that have direct access to parking in a manner perpendicular to the edge of the roadway. In these cases, the private developments are utilizing public right-of-way for the purpose of parking and this forces pedestrians to then walk in the roadway to avoid parked vehicles. Staff finds that the existing roadway network can absorb additional traffic volume very easily. Thus, traffic in and around the study area will likely be a minor concern as the area redevelops. Accommodation of pedestrians is an entirely different matter. As the study area redevelops, staff believes that it is appropriate for the City to take into 30 ANAL E¥IS OF EXISTING CONDITIONS consideration pedestrian safety. As part of each review of any proposed projects, evaluation of pedestrian safety should be included not only with each project but should be considered throughout the study area as part of on going city capital improvement project. 31 3. Existing Property Analysis 1. Ownership There are 107 parcels and 224 properties within thc study area. Owners with multiple properties: [] 4 properties (Richard Ufier) [] 5 properties (Micheline Many) ca 5 properties (Kathleen Ambridge) [] 8 properties (Bob Katz) [] 13 properties (Charles and Kathryn A. Smith) ca 16 properties (City of Boynton Beach) There are 13 owners with 2 properties and 4 owners with 3 properties. Some 21 people who own property in Ocean District live out-of-state. 2. Use Distribution Table 2.3-- Distribution Chart for Uses USE GROUP PROPERTY USE ' # OF PROPERTIES RESIDENTIAL vacant residential 5 single family 35 apartments > 10 units 2 condominiums 126 multifamily < 10 1 RESIDENTIAL TOTAL 169 COMMERCIAL vacant commercial 5 stores 13 stores/office/residential 3 office 1 story 3 ~rofessional offices 5 restaurant 1 restaurant, drive thru 1 auto sales 3 warehouse/dislribufion 4 COMMERCIAL TOTAL 38 PUBLIC naunicipal 16 u TILITY 1 GRAND TOTAL 224 33 · Residential Uses a. Single-family homes a Number of properties: 35 a Of 35 properties, 18 do not claim homestead exemption; they are not full time owner-occupied (most are either seasonal homes or rentals) Assessed value distribution of single-family homes: Table 2.4--Assessed Value for Sint~le-Famil), Homes ASSESSED VALUE RANGE # OF SF HOMES Below $30,000 2 $30,000 to $49,999 18 $50,000 to $69,999 12 $70,000 to $89,999 1 $90,000 and above 2 The average assessed value of a single-family home is $51,485. Change in assessment, 1999-2000 (estimate for average increase in the city: 3%): Table 2.5 -- Chanl~e in Assessment for Sin[~le-Famil), Homes CHANGE IN ASSESSMENT # OF SF HOMES Below 0% 1 2% and above but lower than 3% 14 3% and above but lower than 5% 5 5% and above but lower than 7% 5 7% and above but lower than 9% 3 9% and above 7 Market Activity: Table 2.6 -- Market Activity for Sinl le-Family Homes YEAR OF LAST SALE # OF SF HOMES Last sold 1989 or earlier 7 1990 - 1994 7 1995 - 1999 9 Sold after 1999 9 No sales data available 3 Of all properties traded since 1999, 3 sold for $70,000 or more. 34 b. Condominiums ca Green Acres: 10 units, built 1968 ca Boynton Center #1:20 units, built 1973 ca Boynton Center #2:20 units, built 1973 ca Boynton Center #3:26 units, built 1972 ca Boynton Center #4:8 units, built 1972 ca Boynton Center#5:4 units, built 1971 ca Millicent Condos: 20 units, built 1972 ca Park Lane Condos: 14 units, built 1979 [North and South buildings) ca Vivienne's Condos: 4 units, built 1967 The total number of condominium units is 126. Out of 126 units, 83 do not claim homestead exemption; they are not full time owner-occupied (most are either seasonal units or rentals). Assessed value distribution of condominiums: Table 2.7 --Assessed Value for condominiums ASSESSED VALUE RANGE I# oF coNDo trmTS $11,600 - $16,599 I 12 $16,600 - $21,599 95 $21,600 - $26,599 15 $31,600 - $36,599 4 The average assessed value of a condo unit is $19,079. Percentage change in assessment, 1999-2000: Table 2.8 - Chan~ge in Assessment for Condominiums CHANGE IN ASSESSMENT # OF CONDO UNITS Below (-3)% 2 (-3)% and above but lower than (- 1)% 8 (-1)% and above but lower than 1% 105 1% and above but lower than 3% 6 3% and above but lower than 5% 4 5% and above but lower than 7% 1 Market activity: Table 2.9 - Market Activity for Condominiums YEAR OF LAST SALE # OF CONDO UNITS Lat sold 1989 or earlier 33 1990- 1994 37 1995 - 1999 42 Sold after 1999 12 No sales data available 2 35 Of the 9 units sold in 2000 and 2001 at market prices, 4 sold at a price of $26k or less, and the remaining 5 sold at prices between $30K and $35k. c. Apartments Pelican Harbor, 209 E. Ocean Ave, 10 units Last sold for $265,000 in April 2000 Appreciated about 130% since 1995, when the sale price was $115.000 (18% average annual appreciation) [] Intermediate sale 1997, price $185,000 Ocean East, 200 E. Ocean Ave, 12 units [] Last sold for $606,000 in July of 1001 [] Appreciated 76% since 1993, when the sale price was $345,000 (7.3% average annual appreciation) d. Multifamily , <10 unit There is a single family home and duplex on one parcel, at 216 SE 2nd Ave. E. Vacant residential All 5 vacant residential lots were traded since 1999. · Commercial uses Total number of commercial properties is 38, of which 4 are industrial (warehouses) and 5 are vacant. One was eliminated from the tax roll in 2001. Assessed value distribution: Table 2.10-- Assessed Value for Commercial ASSESSED VALUE RANGE # OF PROPERTIES Less than $50,000 6 $50,000 - $74,999 6 $75,000 - $99,999 3 $100,000 - $124,999 5 $125,000 - $149,999 7 $150,000 - $174,999 5 $175,000 - $199,999 1 More than $200,000 5 Average value of commercial property is $126,506. 36 With the exception of two properties, which were assessed for over 20% higher value in 1999 than in 2000, and one property with the assessed value decreased by about 7%, assessments for the remaining properties remained unchanged. Market Activity: Table 2.11 -- Market Activity for Commercial YEAR OF LAST SALE # OF PROPERTIES Last sold 1989 or earlier 3 1990- 1994 4 1995- 1999 14 Sold after 1999 10 No sale data available 7 Of 10 properties sold in 2000 and 2001, one property sold at $575K, two sold at a price over $300K and two below $100K. Two of the Katz properties were transferred at a nominal fee (these two were sold in 1998 for $300K+). 37 A ivy4 }'SIS OF bL~TStTNG CONDII'tONS 4. Existing Code Compliance Data Analysis The study area was researched for the most common code violations recorded between 1997 and 2001. The data assembled was divided by location and reviewed parcel by parcel. This is a summary of the findings. The most common violation for the study area is identified as CAMV, Community Appearance and Maintenance Violation. This violation is defined in the City of Boynton Beach Code of Ordinance that pertaining to the quality of life and maintaining same by prohibiting, abating, suppressing and preventing all things detrimental to the health, comfort, safety, convenience, visual aesthetics and welfare of the inhabitance of all zoning districts. The northern corner of the study area, which contains single-family houses and vacant lots, is the most cited by city officials with CAMV. The vacant lots that are cited typically contain overgrown grass, and trash and debris. The owners of the single-family houses are typically cited for aesthetics reasons (i.e. peeling paint, broken windows or maintained landscaping). The other citations include abandoned vehicles. In the northern section of Boynton Beach Boulevard, zoned C-3 Community Commercial, the Commercial parcels are also mostly cited for CAMV (i.e. poor paint condition). Other commercial properties were cited for needed light replacement. Some were also cited for not keeping their parking lots and swales properly maintained. The southwest part of Boynton Beach Boulevard, zoned C-3, is generally cited for CAMV, licensing violations, and zoning violations, (one parcel). This parcel is zoned C- 38 3, and was cited for displaying merchandise in public view. The most common citations in the area zoned R-3 is also CAMV and for abandoned vehicles. Several parcels fronting Ocean Avenue were also cited for CAMV, (paint condition), swale and parking lot conditions, and abandoned vehicles. On the southeast comer of the study area, zoned R-lA, the single-family houses are generally well maintained and without citations. It is noteworthy that this area was the location of most historic citations. 39 5. PICTORIAL OF EXISTING CONDITIONS Bovnton Beach Boulevard 40 Ocean Avenue 41 Residential Area 42 Residential Area to be Preserved 43 SECTION III REDE VEL OPMENT PLANNING PROCESS 44 1. In-House Workshops and Public Visioning Sessions Because 40% of the land in the study area is city owned, it was felt that the city was a major stakeholder in the Ocean District. Accordingly, on Thursday, January 31, 2002, the City of Boynton Beach held an in-house workshop limited to participation from city staff and senior level administrators. This in-house workshop, an intensive 3 hour brainstorming session, was divided into several components: Phase I Report Presentation, Town Square Conceptual Master Plan Presentation, and team visioning session. Participants were divided into three different teams each consisting of a planner who assisted with facilitation and the design of a conceptual master plan for the entire area. The Purpose of this exercise ..."was to let their imagination mn wild and think of the study area as a giant vacant lot". The final part of the in-house workshop was the presentation of each team plan. The city staff subsequently held a Public Visioning Session on Thursday April 11, 2002 for community stakeholders. This was the opportunity to obtain the vision that residents and property owners had for the study area. This visioning session was held at night for two and one-half hours. The program was similar to the in-house workshop with city staff in which participants were asked to join a group that was being facilitated by a planner. They were asked to describe their future vision of the area as if no restrictions were present. Prior to engaging in the group design exercise the public was shown a PowerPoint presentation of pictures from cities that have experienced success with similar redevelopment planning efforts. 45 The in-house workshop and the public visioning session produced numerous new ideas for the study area. The most frequently proposed ideas were then synthesized and combined into three conceptual alternatives These three alternatives were presented to city staff and administration in another in-house workshop held on August 27, 2002. At this time, each alternative was divided into four different quadrants, showing three different scenarios for each quadrant area. The participants were asked to select their favorite quadrants (or elements) for study areas. Staff followed the same process with the public/residents/owners of the study area. This second public workshop was held on October 10, 2002. Subsequently, staff developed the final two alternatives based on the most preferred quadrants. Staff found that there were many similarities and very little difference between the two groups. The overall objective was the same; a complete new vision for the Ocean District area. 46 R,~'DE i-'ELOPM,fiT¥'?' ?LA NNING PROCE~,~¥ 2. Study Area's Strengths and Weaknesses The following is the list highlighting the most commonly perceived strengths and weaknesses of the study area from both the In-House Workshop and the Public Visioning Session. The strengths are what was valued and liked about the area and the weaknesses reflect concerns or dislikes. TOP STRENGTHS OF THE STUDY AREA (Order listed does not reflect priority of concern) · Cluster of Civic/Cultural · Retail in Boynton Beach Blvd. activities · Quick access to highway · Proximity to Marina · Vacant lots near Railroad · Availability of infrastructure · Potential for redevelopment · Existing mature trees in Town · Great Location (center of city) Square · Ocean Avenue as a Main Street · Market Potential · Single family area on southeast · Police Station in neighborhood section TOP WEAKNESSES OF THE STUDY AREA (Order listed does not reflect priority of concern) · Railroad Corridor · Suburban zoning code for an urban · M-1 uses on area area · Poor pedestrian connection · Underutilization of commercial · Poor parking parcels fronting Boynton Bach · Lack of clustering of development Blvd. parcels · Lack of color (everything · Lack of Gates at Railroad crossings monotonous) · City's reputation for not doing · Lack of visually stimulating anything buildings · Displacement of residents 47 REDE VEL OPMENT .PLANNING PR OCESS 3. Staff Analysis following Workshops A review of the individual group plans indicates that there where seven similar concepts or themes that each group included in their plans. These general common themes are discussed below. Zoning: The growing interest in mixed-use prompted most teams to suggest mixed use as a component of their design proposals. Also, each group recommended that some building heights be increased. While a variety of permitted and prohibited uses were discussed, most teams suggested varying combinations of residential, retail and service commercial, office and civic/governmental uses. Allowable uses, mixture of uses, density and height limits, as well as other site-related controls are best regulated through amendments to the Future Land Use Map and official Zoning Map. Architecture: Each team advocated the creation of a sense of place within the study area, through the establishment of building scale, color and architectural style. Two teams specifically suggested that the style for new developments should be similar in character to what is existing; the "old Floridian" style. The teams also discussed the importance of preserving the existing scale within the study area, and therefore 5 stories were suggested as the maximum height. 48 REDEVEI_,OPMENT.PLA.NNING PROCESS Railroad Tracks: Nearly, all groups recommended the addition of considerable buffering of the railroad tracks. They recognized both the sound mitigating benefits as well as the aesthetic enhancement of such buffering. All of the public visioning teams felt that the existing crossing gates are neither safe nor pedestrian-friendly. Another recommendation made by the groups was to use a train station theme to revive the historical character of the area. Parking and Vehicular/Pedestrian Interconnectivi~_ : Several groups agreed that the surface parking lot on the northwest comer of Ocean Avenue and 1~t Street was not ideally located and should be replaced with a higher and better use. One group suggested that the parking garage proposed on the Town Square Conceptual Plan should be moved to a vacant lot near the Railroad Tracks. Another group recommended that the proposed parking garage and existing surface parking lot should be connected to the City Hall Complex via an above-ground, roofed pedestrian structure. The same team proposed a trolley system to connect the study area with the downtown marina area. Many groups agreed that there should be more paver-enhanced intersections like the ones on Ocean Avenue, Boynton Beach Boulevard and Seacrest Boulevard. Most teams recommended that the city should redesign the streets in the study area to be more pedestrian-friendly with wider sidewalks, landscape "bump-outs" and visible crosswalks. 49 REDE VEL O PMENT .PLANNING PR O CESS One team suggested the use of the alleys for vehicular circulation, for interconnectivity and to reduce vehicle trips on collector and local streets. Boynton Beach Boulevard Most groups viewed the current speed of vehicles on this roadway as detrimental to the function of the study area. Not only did the groups see the high speed as a public safety concern, but also as a deterrent to pedestrian movement in the area. Recommendations included the installation of pedestrian cross-walks using brick pavers, landscaped roadway medians, street furniture, wider sidewalks and on-street parking to calm traffic speed. Most groups agreed on proposing mixed-use development fronting Boynton Beach Boulevard. The buildings were envisioned with commercial or office uses on first and residential on the upper floors. All groups recommended the addition of landscaping along the corridor. Town Square One-half of the in-house groups agreed that the proposed plan for Town Square was impressive and interesting and only suggested minor changes. However, some of the public visioning teams criticized the conceptual plan mainly due to the elimination of some homes and the old high school. One controversial element involved the proposed demolition of the old high school building. Although most of the in-house city staff favored demolition of the Old 50 REDEVEI~OPMENT PLANNING PROCESS High School, one-half of the public teams felt that the high school should be preserved and rehabilitated into a civic/theater space, and the area proposed on the plan as the new civic/auditorium space be turned into a park with an interactive fountain and a sculpture garden, "Center of Green Space". Some groups also recommended that lush landscaping be planted with colorful flowers, instead of the colorless existing landscape. Overall, most teams agreed that Town Square should become a civic and cultural center for the city. Ocean Avenue: The teams proposed that Ocean Avenue become the district's main street. Ocean Avenue underwent a streetscape modification process that residents and owners were very pleased with. One team suggested that Bed & Breakfasts front the street along with a "light" mix-use development. Staff interprets this as smaller-scale buildings with maximum heights of two or three stories. Another recommendation by the teams is to make the intersection of Seacrest Boulevard and Ocean Avenue more of a focal point, perhaps with a roundabout, creating a formal entry to Ocean Avenue and the downtown area. The other suggestion was to design a bike path on Ocean Avenue that would take advantage of the connection of the bridge to the beach. Residential: Most of the teams agreed that the southeastern section of the study area should remain with single-family housing. Three teams proposed town-homes for the area 51 REDEVELOPMENT.PLANNING PROCESS between 1st Street and 3rd Street. Most teams agreed on integrating mixed-use (commercial/office and residential) development on Boynton Beach Boulevard and Ocean Avenue. Again, participants agreed that new buildings should not exceed five (5) stories in height. 52 SECTION IV ISSUES AND OPPORTUNITIES LYSUES ~4ND OPPORTUNITIES 1. Issues and Opportunities: Redevelopment Strategies Current development patterns and land uses within the entire Ocean District Community Redevelopment Plan present challenges and opportunities for development and redevelopment. Both the original CRA plan, adopted in 1984 and the Boynton Beach 20/20 Redevelopment Plan, which was finalized in 1998 identified the Ocean District as one of the primary areas of activity, although each of those plans recommended somewhat differing approaches to development or redevelopment. Existing and planned development in the Ocean District continue to emphasize the importance of this area. This area should contain a mix of uses with heavy intensity in order to support a successful downtown. The commercial uses along Boynton Beach Boulevard and Ocean Avenue can serve this area, as well as the surrounding neighborhoods. To undertake this approach to development and redevelopment within the Ocean District Community Redevelopment Area, the issues and opportunities identified through the analysis of existing conditions are evaluated to formulate general redevelopment strategies. Both the original CRA Plan and the 20/20 Redevelopment Plan provide elements that merit consideration and implementation in one, unified approach. Both plans called for Town Square to be redesigned to become a center where people can gather for "community-serving" purposes and public events. Ocean Avenue was envisioned to become the "Main Street" in the downtown area, and the main connector between Town Square and the Marina area. Boynton Beach Boulevard was to become an urban center 54 ISSUES AND OPPORTUNITIES and pedestrian-friendly street. Similarly, both plans recognized the need for development in the downtown. The downtown area provides a unique opportunity for pedestrian-oriented, mixed use. It could include residential uses as well as office, retail and restaurants. Overall, these will establish the downtown as a destination area, and to ensure its success and long-term viability. The following strategies will assist in achieving the goals of this redevelopment plan: Encourage mixed-use development. Continue to promote and encourage mixed use. Projects located along Boynton Beach Boulevard, Ocean Avenue and along the west side of the F.E.C. fight-of-way. These mixed use projects will provide pedestrian activity in the downtown area and contribute toward a vibrant atmosphere. Create a destination atmosphere. Permitted uses should be only those that are destination types of uses, and not those that typically rely upon the capture of drive- by traffic. Destination types of uses include, for example, personal services, specialty retail, offices, full service restaurants and residential uses. Define pedestrian spaces. Require reduced building setbacks to better define pedestrian spaces. Specifically, parking lots located between the use and the public rights of way should be prohibited. ca Create a safe pedestrian environment. Require development that fronts along Boynton Beach Boulevard and Ocean Avenue to be designed in a manner that encourages a safe pedestrian environment and emphasizes the frontage of these buildings as important nodes of activity. Establish an aesthetically pleasing identity. Create an aesthetic identity for the Ocean District through the development, use and rhythmic placement of public street furnishings, lighting, and other types of enrichments, as well as creation and implementation of development design criteria that address architecture, colors and signage in addition to general development standards. The established identity should compliment that of the Federal Highway Corridor. 55 ISSUES AND OPPORTUNITIES Protect community character. Establish standards to protect the character of the residential community at the south of the study area. This area could be affected by the new mixed use development. Require compatibility between uses. Create development standards that provide for adequate setbacks and buffering between residential and non-residential uses to protect the residential neighborhoods. Enhance the visual appearance of the community Ensure that uses or land development regulations provide adequate safeguards to protect the visual appearance of the community. Emphasize major activity nodes. Nodes of activity or transitions to other areas, such as the major signalized intersections, should be emphasized through mechanisms such as building placement, orientation and architectural features. Improve visual appearance with coordinated signage. Signs throughout the entire downtown area lack aesthetic appeal and continuity of style. Regulations can address these issues. 56 SECTION V AL TERNA TIVE PLANS 57 Description of the Two Final Alternative Plans The purpose of this planning effort is to establish a vision for the study area, translated into detailed physical components. All private and public development, whatever the size, will contribute to the creation of a livable downtown for Boynton Beach The two alternative plans were finalized after staff, residents and property owners of the area made their choices using the initial three alternatives derived from the first in-house workshop and the first public workshop, in the process described in Section III of this report. The following narrative is the description of these two final plans. Alternative 4 Alternative 5 Figure 5.1. Alternative 4 Conceptual Master Plan Fil~ure 5.2. Alternative 5 Conceptual Master Plan 58 1. Boynton Beach Boulevard Corridor Boynton Beach Boulevard Corridor ~ ..... O~an Dis~ct ~ -'~ Commun~ ............. Redevelopment Plan ~ ............ ARe~tive 4 Figure 5.3. Boynto. Beach Boulevard Corridor 59 1. Boynton Beach Boulevard The design recommendations for Boynton Beach Boulevard are the same for both alternatives. Figure 5.3A. Proposed Boynton Beach Boulevard Corridor A. Creation of a Pedestrian-Friendly Boynton Beach Boulevard At the request of the public, Boynton Beach Boulevard should be redesigned with double-sided street parking along certain sections. This will not affect the vehicular movement but will calm traffic and accommodate pedestrian activity. A wide median, lined with Tall Royal Palm trees, is proposed, thus creating a focal point. The sidewalks should also become wider and nicely paved thus encouraging people to walk easily and safely. Furthermore, the sidewalks can be easily enhanced by arcades or loggias designed into the bottom floor of the buildings. All these changes will be conducive to a more pedestrian-oriented environment and will support existing and proposed commercial business. B. A Pedestrian Sky-Bridge Another interesting element proposed for Boynton Beach Boulevard is a pedestrian sky-bridge. This sky-bridge would connect the existing city hall building to a proposed city annex building or the mixed-use plaza on the north side of Boynton Beach Boulevard. The bridge would be articulated with details and it will be open throughout. C. Buildings Fronting Boynton Beach Boulevard The existing conditions on the boulevard are that of one-story structures, fronting very narrow sidewalks with parking located in front of the buildings. Many buildings are in need of updating and renovation. This combination creates ambivalent zones along the boulevard, which are not pedestrian- friendly nor supportive of retail activity. The plan encourages new buildings, fronting Boynton Beach Boulevard, to become interesting and aesthetically pleasing to all. The proposed maximum height is 75 feet. Buildings should have different massing and scale. These proposed buildings will have arcades over the sidewalks, balconies overlooking the street; some may be "stepped back" (the" stepped back" condition is that buildings have their upper floors stepped back from the street in order to 60 enhance the visual effect and to help mitigate the impact of the taller buildings from the street level). The arcades can be used for outside vending or dinning, and to help break the rhythm of a continuous storefront. Vertical elements such as towers on comer buildings are highly encouraged. The proposed use for these buildings is mixed-use. The buildings can be five to seven stories high, with office and/or retail combined on the ground, second and third floor, and with residential on the upper floors. The uses should be combined in order to create enough density to encourage a variety of local services and a more balanced mix of retail in the downtown area. Higher density of buildings fronting Boynton Beach Boulevard is also encouraged, since, higher density is directly associated with the health and success of the downtown. 1). Creating Public Plazas Plazas created by wide sidewalks and buildings placement is highly recommended. The plazas can differ to include both smaller more intimate ones, and more spacious spaces enhanced with landmarks or focal points. The plan proposes different public gathering places (plazas) throughout out the boulevard. The objective of the redesigned Boynton Beach Boulevard is to facilitate the creation of a downtown where all citizens benefit. 61 2. Town Square Plan Town Square Plan ~ ...... O~an District ~ --~ CommuniW ~ ....... ,~ ........... Redevelopment Plan -- .......... Al~mative 4 ~igure 5.4. ~o~n gq~re Concep~[ ~s~er Thc To~ Sq~c consists of ~o~ blocks in thc do~to~ area o~ thc cji. It ]~cs between Boynton Beach Bou]cv~d on thc no~h, S~ 2nd Avenue on west ~d S~ ]s~ S~cct on thc east. Thc original p~osc o~ thc p]~ was to create a Public Cmpus where "public ~d/or private ~ctions c~ assemble in one place". Both City Hall on the north and the library on the south are anchors to the existing tom square. Currently, The Children's Schoolhouse Museum serves as the most significant focal point in the Town Square Plan. 63 3. City Hall Block F City Hall Block ~ ~ ~' ~. ,.. : ~ ..... Ocean Dis~ct ~ -"~ CommuniW ~-: ....... ,~,, ......... Redevelopment Plan ~ ......... ~ ........ A~emative 4 Figure ~.~. Ci~ ~/1 ~/oc~ 64 3. City Hall Block, Alternatives 4 and 5 The two alternatives are designed differently in the section of Town Square. The Alternative 4 includes the original design for Town Square without the existing high school building, while the design of Alternative $ accounts for it. Figure 5.5A ALTERNATIVE 4: Proposed City Hall Block with trellis-type structure adjacent to the west wing. Figure 5.5B ALTERNATIVE 5: Proposed City Hall Block no trellis-type structure. 65 Alternative 4 (with Trellis-type Structure, Figure 5.2): A. Additional Elements Added to Enhance the Existing City Hall Block The existing City Hall main entrance is to be enhanced by a larger atrium. This atrium would further create an interesting ambience inside the building. Outside the atrium structure would provide a terminating focal point and further enhance the overall appearance of City Hall building. The atrium-type building will have a straight connection to a paved driveway in the parking lot. The driveway around the city hall entrance will be improved with surface improvements, Royal Palm trees and a water fountain in a circular island. The second suggested element is the pedestrian sky bridge from City Hall over Boynton Beach Boulevard. The sky bridge would connect City Hall to the proposed City Hall Annex/Commercial building across the boulevard. The third proposed element is the closure of First Avenue at Seacrest Boulevard. The principal reason for the closure is pedestrian and traffic issues. The closure would also promote pedestrian-friendliness of Town Square. The fourth and last element proposed is a trellis-type structure erected just adjacent to the West Wing portion of City Hall. The trellis would replace the street opening of First Avenue on to Seacrest Boulevard. The trellis will help enhance the aesthetics of the block, will improve the connection between City Hall and the Children's School House Museum block, and create an outdoor space for employees and visitors. Alternative 5 (with no Trellis-type Structure, Figure 5.3): This block is proposed to be the same as in Alternative 4, except without the trellis-type structure. Instead, the entrance to the proposed parking structure that would be located immediately to the south replaces it. The existing parking around City Hall is paved through the center and Royal Palms are integrated on the rectangular-shaped island. 66 4. The Children's Schoolhouse Museum Block The Children's Museum Block Ocean District Commun~ ~:~ ..... ,~, Redevelo~ent Plan ~.~ Alternative 4 Figure 5.6. Children's Museum Block 67 4. The Children's Schoolhouse Museum Block, Alternatives 4 and 5 The two alternatives are designed differently in the section of Town Square. Alternative 4 includes the original design for Town Square without the existing high school building, while the design of Alternative 5 accounts for it. Figure 5.6A. ALTERNATIVE 4: Proposed block with high school replaced with promenade. Figure 5.6A. ALTERNATIVE 5: Proposed Schoolhouse Museum block with High School building rehabilitate~preserved. 68 Alternative 4 (High School Building demolished, Figure 5.1): A. The Principal Public Space: Public Lawn/Promenade The demolition of the old high school will strengthen the creation of a "Public Lawn /Promenade", the fundamental concept of public space which will generate a sense of community and social unity and interaction. The promenade will serve as a main "Walkway" through Town Square linking City Hall with the Library/Civic Center. This will be the principal public space. It will be surrounded by a mixture of public and private buildings that will guarantee a level of activity appropriate to the center of the city. The promenade will be lined on both sides with tall Royal Palm Trees. It will be a very symbolic space. The promenade would be an ideal setting to host communal activities, festivals, celebrations, markets and specialized functions. B. The City Square On the west side of the block, a green space fronting Seacrest Boulevard is proposed. This green area is called "City Square". A city square is essential to a city and should be scaled to match its environment. The proposed City Square is to contain a reflecting pool and generous amounts of shade when trees mature. The "City Square" should be designed to become very open, allowing the community and visitors to see one of Boynton's most prestigious existing landmarks, The Schoolhouse Children's Museum. Both the "Public Promenade" and the "City Square" would further enhance the existing Schoolhouse Children's Museum, the playground and the Amphitheater. C. Accommodating Parking Needs of Town Square: a Parking Structure A parking structure is being proposed in the east side of this block. The parking structure would be four stories high and aesthetically pleasing with articulated facades composed of balconies with hanging plants. Alternative 5 (High School Building rehabilitated, Figure 5.2): A. Alternative Location of a Parking Structure On the west side of the block, fronting Seacrest Boulevard a parking structure is being proposed to meet the parking demand generated by the use of the rehabilitated Old High School building. The parking structure would have an entrance from the southbound lane of Seacrest Boulevard, and another entrance through the City Hall. First Avenue is closed on this alternative as well. This parking structure should be 4 stories high. It would also have articulated facades with balconies and hanging planters designed to screen the old high school. A clear view to the Schoolhouse Children's Museum would preclude by the preservation of the high school. B. New Buildings for City Functions In the east side of this block, a set of two square buildings is proposed. These two buildings would be three to four stories high and should house city functions, such as meeting rooms 69 and extra children activity rooms. On the bottom floor, a museum store with delicatessen could be allowed. Between the buildings would remain sufficient space for an appropriately public plaza to be incorporated. 70 5. The Cultural Block The Cultural Block E ..... Ocean District ....... Redevelopment Plan -,, ............. Alternative 4 Figure 5.7. The Cultural Block 71 5. The Cultural Block The design recommendations for The Cultural Block are the same for both alternatives. 1IT AVF-. Figure 5.7A: Proposed Cultural Block, both alternatives A. The Creation of a Public Space This block includes the continuation of the "City Square", the "Pedestrian Promenade", the New Civic Center/Auditorium, and the City Library and proposed expansion. On the west side of the block, the concept of "City Square" is continued but designed differently. In this section of the square there would be the typical town gazebo and green space used for either entertainment during special events or for open public meetings. No trees are proposed leaving the area open for use and visual vistas. The "Pedestrian Promenade" also continues on this block, this time serving as an interior pedestrian street. It connects City Hall with the library and the proposed Civic Center/Auditorium. B. The New Civic Center/Auditorium The new Civic Center/Auditorium would include, besides an auditorium, meetings rooms, flex space, an atrium, an outdoor terrace, and service area at the rear, providing a location for cultural and educational facilities. The building could be a joint public/private venture, and it has the potential for becoming one of Boynton's landmarks. The tower feature proposed on the southwest comer of the building should be tall and articulated at the top with an arcaded loggia that could be used as a "mirador" (a look-ont tower). This tall tower could easily become an icon for the city given its uniqueness and height. The 72 building should feature a portico in the main entrance, thus making people feel welcome and setting a formal tone. C. The Roundabout A roundabout is being proposed to invite people from 2na Avenue and 1 st Street. The roundabout will include an area for Royal Palms in its center; placed in this location, it will become a terminating vista seen from the proposed atrium of City Hall. D. The Library Addition The library and the library addition are located at the bottom of the west section of Town Square. The addition is currently being designed as a two-story building in front (north) of the existing library. The existing location for the drive-thru and parking will not be altered by the proposed plan except that it will be upgraded with more trees. The existing Civic Center will remain. E. The Interactive Water Fountain The shuffleboard courts by the Madsen Center will be relocated. They will be replaced by an interactive water fountain. The public has unanimously embraced this idea. The interactive water fountain will be integrated in a park-like setting with trees on both sides. F. Town Homes/Parking Structure At the bottom of the far east section of Town Square, a parking structure with attached town homes is being proposed. The parking structure will be four or five stories in height and will also serve Town Square and the downtown area. The parking garage will be designed to be aesthetically pleasing with articulated facades composed of balconies with hanging plants. On the facade facing 2nd Avenue eight town homes are being proposed. The town homes will serve as a transitional element between the Town Square area and the single-family residential neighborhood across the street. The town homes will be designed with the garage entrance at the back, inside the parking structure. The town home faqades will be very aesthetically pleasing with stoops, front yards and around three stories in height. 73 6. Seacrest Boulevard Seacrest Boulevard 74 6. Seacrest Boulevard The design recommendations for Seacrest Boulevard are the same for both alternatives I e. I 1. Entryway Element i !~ A proposed entryway arch feature, an architectural landmark, would be placed at the entrance to Town Square and the Ocean District area, from the · ~ intersection of Seacrest Boulevard and Ocean Avenue. ~'~-"~.:. ii~ 2. Street ' ~-.~r~ ~' : For Seacrest Boulevard, a wide median lined by tall shaded trees is proposed, thus ~ ~ ~ creating an appealing view. Again, the median will contribute to traffic and will invite pedestrians to cross the street. As it is currently designed, the intersection is not pedestrian-friendly. 3. A Roundabout Another roundabout is recommended at the intersection of Seacrest Boulevard and Ocean Avenue. The public felt that a roundabout in that particular location will serve as a transitional element along Seacrest Boulevard to properly accentuate the entrance to Ocean Avenue and the downtown. The roundabout will consist of single lane in all directions and it will not affect the vehicular flow. Roundabouts are relatively the safest intersections for vehicles and pedestrians. The redesigned Seacrest Boulevard will become a narrower, more attractive street. Figure 5.8A. Proposed Seacrest Boulevard. 75 7. Ocean Avenue Promenade Ocean Avenue Promenade m ....... Ocean Dis~ict ~ -'~ Commun~ .............. Redevelopment Plan -- ........... A~mative 4 Fignre 5.9. Ocean ~venue Promenade 76 7. Ocean Avenue Promenade The design recommendations for Ocean ,4venue are the same for both alternatives. Figure 5.9A. Proposed Ocean ,4venue Promenade. A. Street Ocean Avenue Promenade was redesigned about two years ago, in a community-led effort. The community vision was to create a less formal street than Boynton Beach Boulevard but yet interesting enough to become the downtown "Main Street". The scale of Ocean Avenue is smaller and more intimate than that of the major corridors. The proposed design enhancements of this redevelopment plan are for Ocean Avenue to become a "Main Street", with wide paved sidewalks making it pedestrian-friendly. The existing sidewalks can be improved in certain sections of the Avenue by making them wider, thus creating a sense of public space. Adjacent tenants could use the sidewalks as a place of outdoor gathering. Dependent on building placement and footprint, some sidewalks could extend into small intimate squares while others might merge into larger public plazas. These public plazas could be enhanced with public art or water features in the center. B. Buildings Fronting Ocean Avenue The existing buildings on Ocean Avenue are mostly multi-family, with the exception of two single-family homes. The plan proposes that any new buildings fronting Ocean Avenue maintain the same scale and be more aesthetically pleasing. The plan recommends diversity in building layout, to include linear buildings, u-shaped buildings to create outside gathering places, and some designed with more mass and have tower-like structures attached in order to create interesting focal points on the comers of the blocks. Maximum heights should not exceed of 45 feet. By the addition of arcades, the buildings will be brought closer to the sidewalk, creating a special, shaded walkway for pedestrians. Parking should be moved to the back, accessible from the alleys. 77 The plan proposes that all these buildings be mixed-use. The public suggestion was for the retail establishments on the first floor to be locally owned or operated. Some residents insisted that a neighborhood grocery store would greatly benefit the area. The office and residential uses can occupy higher floors. The intention of the plan for the Ocean Avenue Promenade is to create a "main street" where local residents and visitors to the downtown could gather harmoniously and comfortably. 78 8. FEC Railroad Tracks FEC Railroad Tracks m ...... ~an District - -- Commun~ Redevelopment Plan Fignre 5.10. FEC Railroad Trac~ 79 8. FEC Railroad Tracks ~ The design recommendations for FEC Railroad Tracks are the same for ~,~ ~ both alternatives. .~'g .g A. Guard Gates One of the most emphasized complaints from the public made about the study area concerned the safety at railroad crossings at Boynton Beach Boulevard and Ocean Avenue. This plan proposes that quad gates be installed at this intersection. Pedestrian guard gates should also be to be included. B. Noise Barrier The second complaint the public made about the Railroad Tracks was the noise pollution at night. As the train crosses the intersections, the whistle on the locomotive is blown. In addition to quad gates the solution to the noise pollution proposed by the plan is to create a heavy landscape barrier on the west side of the tracks. This barrier should be wide and include a large number of shade trees. Figure 5.10A. Provosed FEC 80 9. - 10. Single Family Residential and Multi-Family Residential Single Family Residential and Multi-Family Residential m ...... O~an Dis~ict ~ ...... Communi~ ......... Redevelopment Plan ........... Alternative 4 .... Figure 5.11. Single Family and Multi-Family Residential g! 9. Single Family Residential Area This area shall be preserved essentially as it is, subject to owner enhancements. 1 a'v AVE. Figure 5.1 lA. Existing single-family area, no changes proposed. 10. Multi-Family Residential Area This area shall be preserved essentially as it is, subject to owner enhancements. Figure 5.1 lB. Existing multi-family area, no changes proposed. 82 Ocean District Community Redevelopment Plan Alternative 4 83 Ocean District Community Redevelopment Plan Alternative 5 · .: ....... Ocean District Community -- .......... R~davelo~nent Plan r-.- ........ · - Alternative 5 84 SECTION VI RE C OMMENDA TIONS AND PR OJE C TS 90 .RECOMMENDATIONS AND PROJECTS 1. Specific Recommendations to Implement Redevelopment The programs and projects listed below will implement the redevelopment strategies discussed in the previous section. These programs and projects should be implemented to eliminate or decrease the blighting influences found in the Ocean District Community Redevelopment Area, as well as enhance the area's long term viability. Recommendation 1: Amend" Section III. Land Use Problem and Opportunities" of the Comprehensive Plan Future Land Use Support Documents. Purpose: To remove all recommendations inconsistent with the Ocean District Community Redevelopment Plan. Recommendation 2: Amend the Zoning Code to include specific regulations for thc study area in the Mixed Use-Low Intensity Zoning District. Only minor adjustments to thc Zoning Code may be necessary to implement the land use and zoning recommendations of the Ocean District Community Redevelopment Plan. Thc existing Mixed Use (MX) land use designation, in the adopted Boynton Beach Comprehensive Plan, originally adopted in 1989 is adequate to accommodate the mixed use development envisioned for the Boynton Beach Boulevard corridor, Ocean Avenue, and along the northeast border of the study area. The adopted Mixed Use-Low Intensity (MU-L) zoning district regulations, which permit the mix of uses envisioned in these areas, will need to be modified slightly for the specific area of the Ocean District to ensure compatibility with the scale, massing and 91 ~RE COMMENDATIONS A ND PR OJECTS setbacks from surrounding existing development. The development of the existing zoning regulations foresaw such an event and includes the language "Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans." Development and adoption of the amendments could be accomplished within a three-month time frame. Purpose: This will allow the development of the desired land uses in the district area. Recommendation 3: Develop signage standards that address in detail issues such as sign height; width; style; lettering; color; placement; landscaping; and, content. Define signage, including a definition concerning advertising on commercial vehicles and prohibition of parking such vehicles in a manner that constitutes signage proximate to the right-of-way. Require new signs or substantial repairs to existing signs to comply with the regulations. Purpose: Detailed sign regulations will greatly enhance the appearance of the district. Recommendation 4: Develop a design program for structures, signage and street furniture, that includes the implementation of a color palate and architectural themes in the context of the district. Purpose: The program will create a sense of identity and visual appeal for the redevelopment area. 92 RECOMMENDs4 TIONS ~4ND PROJECTS 2. Specific Projects to Implement Redevelopment Project 1 - Public Parking: Town Square area adjacent to Seacrest Boulevard, the existing surface parking area west of 1~t Street, and the area where the existing shuffle board courts are located could be developed with parking structures to serve the district area. The garage recommended to place the shuffleboard courts could be combined with town homes facing SE 2nd Avenue, to become a transitional element to the residential area on the south. Project 2 - Civic/Auditorium Centre: The building would be located adjacent to Ocean Avenue in the cultural block of Town Square. The building could be developed as a joint public/private venture. The square footage of the building should be around 95,000 Square feet. The new Civic Centre/Auditorium would include, an auditorium for 700 people, meetings rooms, flex space, atrium, and an outdoor terrace. The building would provide a location for cultural and educational facilities. The building has the potential of becoming one of Boynton's landmarks 93 94 SECTION VII NEIGHBORHOOD IMPACTS OF REDE VEL OPMENT ACTIVITIES 95 NEIGHBORHOOD IMPACTS OF REDEVELOPMENT ACTIVITIES 1. Neighborhood Impacts of Redevelopment Activities The redevelopment area contains a number of residential units. The following section describes the potential impacts of redevelopment efforts on residential neighborhoods within the redevelopment area. While the potential impacts of the recommended programs and projects have been identified, it is possible that impacts resulting from implementation of redevelopment actions may be undetermined. As a result, thc potential neighborhood impacts of site specific projects will be evaluated as each is presented for consideration by the Community Redevelopment Agency. Traffic Circulation No independent traffic engineering analysis of the traffic impacts on the various roadways was done as part of this plan. A preliminary evaluation by the City Engineering Office indicates that existing local streets can easily accommodate the changed traffic conditions, and that Boynton Beach Boulevard can be constrained with only minimal impacts on traffic capacity. However, as the plan develops further, it may be necessary for the City of Boynton Beach to contract with an independent traffic engineering firm to evaluate traffic conditions based upon very defined traffic data and development scenarios. This future evaluation would serve as a basis for refined plan preparations as well as garnering support and approval from the Florida Department of Transportation who has jurisdiction on Boynton Beach Boulevard. Communit~ Facilities and Services Redevelopment activity within the Ocean District redevelopment area is expected to have a positive impact on community facilities and services. The plan proposes to add a City 96 NEIGHBORHOOD IMPACTS OF REDE VEL OPMENT A CTIVI TIES annex building on Boynton Beach Boulevard, a Library-addition, and a new Civic/Auditorium Centre, which will house additional recreational and cultural programs. Effect on School Population There are no existing public schools within the redevelopment area. There are however, a number of schools located proximate to the redevelopment area that serves residents within the area. The following table shows the design capacity of permanent structures for these schools and the projected 2008 - 2009 student enrollment. Table 7.1. -- School Capacity and Enrollment, 2008-2009 School Capacity Enrollment F.I.S.H. * Forest Park Elementary 749 596 Crosspointe Elementary 996 791 Galaxy Elementary 633 591 Poinciana Elementary 922 680 Congress Middle 1,344 1,446 Boynton Beach High 2,476 2,845 Note: Poinciana Elementary is a magnet school · F.I.S.H. (Florida Inventory of School Houses) Source: Palm Beach County School District Planning & Real Estate Division As these data indicate, school capacity varies for each standard public school that serves the redevelopment area. Student projections show that capacity is available for all elementary schools serving the district. Conversely, both the middle school and high school will be overcrowded. One of the recommended components of this redevelopment plan includes the provision of additional housing units to strengthen the viability of the redevelopment in the downtown area. The additional housing units anticipated, however, will 97 NEIGHBORHOOD IMPACTS OF RED EVEL OPMENT ~4 CTIVI TIES likely be apartment units. Because of the unit style and location, it is likely that the resident population of these units will be predominantly single or two person households. As a result, the impact on the school population should be minimal. The effects of specific redevelopment projects with a residential component that creates a net increase in housing should be considered on an individual basis as they are proposed. Land Acquisition Both alternatives recognize that it may be necessary to pursue the acquisition of some properties in order to provide for the development of a new Auditorium/Civic Centre and a new City Hall Annex. Environmental Quali _ty The redevelopment programs and projects suggested by these plans are intended to improve the overall environmental quality. The architectural guidelines, improved signage and zoning changes will have a positive impact on surrounding residential areas. 98 SECTION VIII SO UR CES OF REDE VEL OPMENT FUNDING AND FINANCING 99 S 0 UR CES OF RED E I/EL OPMENT FUND ING AND FIN~4 NCING 1. Sources of Redevelopment Funding and Financing Both proposed alternatives include improvements that will require public funding, though some form of public/private partnership could be envisaged for the new Civic Center and the parking structure attached to the proposed town homes in the southwest quadrant of the Ocean District. The construction cost of the Civic Center is estimated to be about $14 million (based on the actual per square foot contract price for the city of Palm Beach Convention center); the cost of the parking structures will run approximately between $10,000 and $15,000 per parking space (depending on the parking structure's size and the resulting economies of scale). This section provides a general review of potential sources of funding for redevelopment programs, and a description of the funding sources applicable to each of the improvements or projects identified in the plan. Aside from the sources described below, grants from various sources may be available. In general, a variety of financing options are presently available to the Community Redevelopment Agency, which include the following: Tax Increment Revenues Tax increment is typically the major source of funding for redevelopment projects under the State of Florida Community Redevelopment Act. This increment, which is determined annually, is equal to 95 percent of the difference between the amount of ad valorem taxes levied each year by each applicable taxing authority on all taxable lands and buildings; property within the redevelopment area; and, the amount of ad valorem taxes that 100 SOURCES OF REDEVELOPMENT FUNDING AND FINANCING would have been produced by the current millage rates prior to establishment of the Redevelopment Trust Fund. Both of these amounts are exclusive of debt service millage of the taxing authorities. The ability of the Community Redevelopment Agency to utilize this funding method requires two key actions. The first is the establishment of a redevelopment trust fund as required by F.S. 163.387 as ,the repository for increment tax funds. The second is the provision, by adopted ordinance of the City, for the funding of the redevelopment trust fund for the duration of the redevelopment plan. Redevelopment Revenue Bonds The provisions of F.S. 163.385 allow the City of Boynton Beach or the Boynton Beach CRA to issue revenue bonds to finance redevelopment actions, with the security for such bonds being based on the "anticipated assessed valuation of the completed community redevelopment." In this way, additional annual incremental increases in taxes generated within the CRA is used to finance the long term bond debt. Prior to the issuance of long term revenue bonds, the City or the CRA may issue bond anticipation notes to provide initial funding for redevelopment actions until sufficient tax increment funds are available to amortize a bond issue. General Revenue Bonds For the purposes of financing redevelopment action, the City of Boynton Beach may also issue general obligation bonds. These bonds are secured by debt service millage on the real property within the City and must receive voter approval. 101 SO UR CES OF REDEVELOPMENT .FUNDING .AND FINANCING Community Development Block Grants (CDBG) The City of Boynton Beach is a recipient of CDBG funding from the U.S. Department of Housing and Urban Development. These CDBG monies may be able to applicable to a variety of direct benefit programs in portions of the redevelopment area. Additionally, portions of the redevelopment area may be eligible for area-wide improvements, which includes capital improvement projects. Land Sales/Leases Acquisition of property, and in preparation for development, are powers available to the Community Redevelopment Agency under the provisions of Chapter 163, Florida Statutes. The resale or leasing of such land to private developers can provide another source of income within the CRA, as well assist in "jump starting" redevelopment efforts. Direct Borrowing From Lenders The CRA is also authorized to fund redevelopment projects and programs through direct borrowing of funds. Depending on the particular project funding requirements, the CRA may utilize both short and long term borrowing. Although terms and conditions may have a direct bearing on the use of a particular commercial lending institution, the CRA may be able to obtain a very competitive interest rate and terms. 102 SECTION IX REFERENCES 103 1. References City of Boynton Beach. Comprehensive Plan. Originally Adopted in1989. City of Boynton Beach. Future Land Use Support Document: Section VIII "Problems and Opportunities. 1989. City of Boynton Beach. Land Development Regulations "Chapter 2: Zoning." No date. City of Boynton Beach. "Official Future Land Use Map." May 2003. City of Boynton Beach. "Official Zoning Map." February 2003. Duncan Associates, Inc. Boynton Beach Vision 20/20 Redevelopment Master Plan. September 1998. Florida. Florida Statutes, Sec. 163, Part III. 2000 Supplement. Palm Beach County Property Appraisers Office. February 2001. Schwab,Twitty & Hansen. West Palm Beach. April 2003. 104 SECTION X A CKNO WLED GEMENTS 105 A CKNO WLEI)GEMENTS 1. Acknowledgements Citizen Participation Mr. and Mrs. John Bodine Maureen Hilbert Gordon Crawley M. Lewkoincz Larry Finkelstein Kim £ongaere Mike Fitzpatrick Jean and Alvin Norgiel Ginny and Bob Foot Harvey Oyer Denise Hilbert Paul VanStelant City Staff Jose Alfaro Doug Hutchinson Kurt Bressner Eric Johnson Nancy Byrne Jeff Livergood Dan DeCarlo Wally Majors Arleen Dennison Pete Mazella Maxime Ducoste-A. Dep. Chief Jim Ness Arlette Duncan Joe Sciortino Virginia Farace Octavia Sherrod Chief Marshall Gage Samantha Sidlower Lusia Galva Dale Sugerman Wilfred Hawkins John Wildner Ocean District Pro/ect Team Quintus Greene, Director of Development Michael VK. Rumpf, Director of Planning & Zoning Margelly Beltran, Project Manager Dick Hudson, Senior Planner Hanna Matras, Planner 106 SECTION XI APPENDIX 107 Ocean District Community Redevelopment Plan Alternative 1 Ocean District Community Redevelopment Plan Alternative 2 Ocean District Community Redevelopment Plan Alternative 3 Ocean District Community Redevelopment Plan Preliminary Results Report I. Introduction: On Thursday, January 31, 2002, the City of Boynton Beach held an In-House Workshop with the participation from select city staff and upper level administration. The In-House Workshop, an intensive three-hour brainstorming session, was divided into several components: · Phase I Report Presentation · Presentation of the Town Square Conceptual Master Plan; and · Team Visioning Session. During the Visioning Session, participants were divided into three (3) groups, each facilitated by a representative from the Development Department, with the goal to design a conceptual master plan for the study area. Each group was "to let their imaginations run wild and think of the study area as a giant vacant lot". The workshop was concluded with the presentation of each team concept. On Thursday April 11, 2002, city staff held a two-and-one half hour (2 1/2) Public Visioning Session with local residents and property owners. The program was similar to the In-House Workshop. As an introduction, the attendees were shown slides from other cities as examples of successful redevelopment programs. Participants were then asked to join one of the four design groups each facilitated by a planner. This Preliminary Report presents the suggestions and proposals made by the individual teams for the study area, begining with each team response to the following questions: · What features they liked; · What features they disliked; · What changes would they like to see; and · What would they not like to see changed. This report presents the four (4) conceptual plans and unified vision, and concludes with staff analysis of the similarities and differences in concepts developed by the respective teams. Staff generated a list of the top ten most frequently proposed ideas for the study area, which are synthesized and mixed into three conceptual alternatives. It is the intent of staff that the final conceptual alternatives be presented to the public and the City Commission. Staff will then prepare a fmal plan from the preferred concept. Ocean District Community Redevelopment Hah II. Study Area Map Ocean District Redevelopment Plan With Building Footprints BOYNTON ACH BLVD BOYNTON BEACH BLVD I 2ND AVE .-~ ~ W IU ' Ill I ' ' 181AVE 181AVE ~ ~ ~ tST AVE OCE~ AVE OCEAN AVE OCE~ · t :/' 1ST AVE 1ST AVE 2ND AVE 2ND A~ L~ ........ N Ocean District Community Redevelopment Plan II. In-House Workshop Group Findings- Participants~ Preferences and Sketches Group 1 Dick Hudson, Senior Planner Jose Alfaro, Planner Wilfred Hawkins, Assistant City Manager Octavia Sherrod, Manager of Community Development Pete Mazella, Assistant to Director of Utilities Nancy Byrne, Assistant Director of Development Hanna Matras, Economic Planner What They Liked: What They Disliked: 1. Cluster of cultural attractions 1. Zoning & Land Use (Variety) 2. Cluster of government facilities 2. Railroad corridor (plus & minus) 3. Proximity to marina project 3. Need to relocate M-1 uses 4. Availability of infrastructure What They Would Like to see: What They Would Not Like To See: 1.Encourage town homes in the area 1. More areas zoned R-2 (duplexes) north of S.E. 1st Ave. 2. Post Office to stay on South Side of 2. Entry way character to Boynton Boynton Beach Blvd. Beach Blvd. 3. Maintain single family area on southeast corner of study area 4. Opportunities for personal services and entertainment 5. Landscape on Seacrest Blvd. 6. Mixed-Use area fronting Ocean Avenue and Boynton Beach Blvd. 7. Height of buildings (34) Stories Ocean District Community Redevelopment Plan IN-HOUSE \,VORKSHOP GROUP SKETCHES Group 1 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 2 Margelly Beltran, Planner Eric Johnson, Planner Quintus Greene, Director of Development Dale Sugerman, Assistant City Manager Joe Sciortino, Director of Golf Course John Wildner, Director of Parks Jim Ness, Dep. Chief of Fire Department Barbara Meacham, Landscape Architect What ,They Liked: What They Disliked: 1. Block layout of study area 1. Poor pedestrian connections 2. Cluster of government facilities 2. Poor parking 3. Proximity to marina project/ 3. Development parcels not clustered bridge together for development 4. Availability of infrastructure 4. No central attraction 5. Ocean Avenue as a "Main Street" 5. Suburban zoning code for an urban 6. Existing mature trees in Town area Square 6. Underutilization of the commercial 7. Quick access to state highway parcels fronting Boynton Beach Blvd. 8. Low property acquisition cost 7. Visually nothing pleasing 9. Vacant lots adjacent to Railroad 8. Lack of color-everything 10. No drainage issue (new system) monotonous 11. Varied zoning uses 9. Residents (long established) 10.Boynton Beach Blvd. not pedestrian friendly What They Would Like to see: What They Would Not Like To See: 1.Satellite college campus 1. Maintaining police surface parking 2. Mixed-Use on Boynton Beach 2. Boynton Beach Blvd. to stay the Blvd. same 3. Preserve single family neighborhood 4. Buffeting Railroad tracks 5. Create train station near tracks 6. Mixed-Use area (fronting Ocean Avenue) 7. Height of buildings (3-4) Stories 8. Town homes to replace existing condos and duplexes 9. More green areas Ocean District Community Redevelopment Plan IN-HOUSE WORKSHOP GROUP SKETCHES Group 2 City Of Boynton Beach Developemnt Department Planning & Zoning Division IN-HOUSE WORKSHOP GROUP SKETCHES Group 2 Sketch 2 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 3 Maxime Ducoste-A., Planner Lusia Galav, Principal Planner Jeff Livergood, Director of Public Works · Dan De Carlo, Neighborhood Specialist Kurt Bressner, City Manager Marshall Gage, Chief of Police Virginia Faraee, Director of Library Wally Majors, Director of Recreation Dept. What They Liked: What They Disliked: 1. Municipal complex being a 1. Condo's at 1st Street are a detriment transition between east and west 2. Boynton Beach Blvd. 2. Ocean Avenue as a core 3. Lack of parking What They Would Like to see: What They Would Not Like To See: 1. Include residential area south of 2aa Avenue to be included in project 2. Mix-Use on Boynton Beach Blvd. 3. Alleys to become walkways as a transitional element 4. Buffering Railroad Tracks; to become pedestrian walkway 5. Bicycle path on Ocean Avenue towards beach 6. Boynton Beach Blvd. east of Seacrest to be reduced in width, with on street parking and nice streetscape Ocean District Community Redevelopment Plan IN-HOUSE WORKSHOP GROUP SKETCHES Group 3 City Of Boynton Beach Developemnt Department Planning & Zoning Division II. Public Visioning Session Group Findings- Participants, Preferences and Sketches Group 1 Margelly Beltran, Urban Designer/Planner Fred Violette, Resident/Owner Kaithleen Violette, Resident/Owner Karen Okenica, Resident/Owner Micheline Many, Resident/Owner Jack Dimke, Resident/Owner What They Liked: What They Disliked: 1. Ocean Avenue 1. Railroad Tracks: better gates and 2. Scale of study area night time horn blowing 2. Not incorporating Old High School into Town Square Plan What They Would Like to see: What They Would Not Like To See: 1.Dense landscape buffer along train 1. Not make any changes! tracks 2. Multi-story parking garage (South of Boynton Beach Blvd. and north of Ocean Avenue 3. Maintain single family area on southeast comer of study area 4. Preserve High School and incorporate into city complex connecting City Hall via above street covered walkway. 5. Return original street names; Palm Street (3ra Street) 6. Fountain (interactive?) across from old school. New park with sculpture garden setting. 7. Built townhomes where condos 8.Mixed Used 5 story buildings along Boynton Beach Blvd. 9. Pave wide sidewalks and landscape median on Boynton Beach Blvd. 10. Work on 50's color theme for area (Chevy Aqua, Studebaker Coral, Desoto Purple) Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES Group 1 City Of Boynton Beach Developemnt Department Plannino & Zonino Division Group 2 Hanna Matras, Economic Planner Juis Leon Valdez, Resident/Owner Victoria Johnson, Resident/Owner Karl. Hobschaidt, Resident/Owner Claudia Hobschaidt, Resident/Owner Michael A. Parker, Resident/Owner What ~ney Liked: What They Disliked: 1. High School building 1. City's reputation for doing Nothing 2. Ocean Avenue streetscape 2. No plans of City to save Old High improvements, school building 3. The many changes in Commission 4. Displacement of residents 5. Code Compliance building image What They Would Like to see: What They Would Not Like To See: 1.Constructing Paved Intersections 1. Post Office kept were presently is 2. Improved alleyways 3. Road right-of-way that was not used- Use it and make it a one-way street, along 3rd Street 4. Historic district 5. Relocate Post Office building and have public buildings on NE comer of Boynton Beach Blvd. and Seacrest 6. Bed & Breakfast- maintain general outlook of street while allowing a variety of different businesses 7.Mixed Used 45' buildings along Boynton Beach Blvd. 8. Trolley services 9. Parking garages Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES Group 2 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 3 Mike Rumpf, Director of Planning and Zoning Irene Koumiss, Resident/Owner Libby Langan, Resident/Owner Denise Hilbert, Resident/Owner Anne C. Oneill, Resident/Owner Gordon Crawley, Resident/Owner What They Liked: What They Disliked: 1. Police Station in area 1. Post Office circulation and 2. Convenience/Deli use in vicinity appearance What They Would Like to see: What They Would Not Like To See: 1.Clothing stores 2. Major grocery shopping center 3. Maintain "Old" Florida character in the redevelopment effort 4. Keep convenience/deli store in area 5. Add sidewalks 6. Keep police station in neighborhood 7. Continue streetscape improvements on US-1 and l~t Street 8.Improvements should match existing scale and charm 9. Move Civic Center Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES Group 3 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 4 Quintus Greene, Director of Development Department Ruth Jones, Resident/Owner Patel Rajesh, Resident/Owner Bertha Welch, Resident/Owner Bu Kenyorr, Resident/Owner What They Liked: What They Disliked: 1. The Study area the way it is 1. Nothing currently What They Would Like to see: What They Would Not Like To See: 1.Retail in Boynton Beach Blvd. 1. Study area to change 2. Maybe mixed- use on Boynton Beach Blvd. 3.Maintain residential Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES Group 4 City Of Boynton Beach Developemnt Department Planning & Zoning Division IV. Staff Analysis of Group Findings A review of the seven individual group plans indicates that there where ten similar concepts or themes that each group included in their plans. These general common themes are discussed below. A. Zoning: The growing interest in mixed-use prompted most teams to suggest mixed use as a component of their design proposals. Also, groups recommended that building heights be increased above five stories. While a variety of permitted and prohibited uses were discussed, most teams suggested varying combinations of residential, retail and service commercial, office and civic/governmental uses. Allowable uses, mixture of uses, density and height limits, as well as other site-related controls are best regulated through amendments to the Future Land Use Map and rezonings. B. Architecture: The team promotes the creation of a sense of place within the study area, through the establishment of building scale, color and architectural style. Two teams specifically suggested that the style for new developments should be similar in character to what is existing: the "old Floridian" style. The teams also discussed the importance of preserving the existing scale within the study area, and 5 stories was suggested as the maximum height. C. Railroad Tracks: Nearly, all groups recommended the additions of considerable buffering of the railroad tracks. They recognized both the sound mitigating benefits as well as the aesthetic enhancement of such buffering. All of the public visioning teams felt that the existing crossing gates are not safe nor pedestrian-friendly. Another recommendation made by the groups is to use a train station theme to revive the historical character of the area. D. Parking and Vehicular/Pedestrian Interconnectivity: Several groups agreed that the surface parking lot on the northwest comer of Ocean Avenue and l~t Street was not ideally located and should be replaced with a higher and better use. They also suggested that the parking garage proposed on the Town Square Conceptual Plan should be moved to a vacant lot near the Railroad Tracks. One group recommended that the proposed parking garage and existing surface parking lot should be connected to the City Hall Complex via an above-ground, roofed pedestrian structure. Ocean District Community Redevelopment Plan The same team proposed a trolley system to connect the study area with the downtown. Many groups agreed that there should be more paver-enhanced intersections like the ones on Ocean Avenue, Boynton Beach Boulevard and Seacrest Boulevard. Most teams recommended that the city should redesign the streets in the study area to be more pedestrian-friendly with wider sidewalks, landscape "bump-outs" and visible crosswalks. One team suggested the use of the alleys for vehicular circulation, for interconnectivity and to reduce vehicle trips on collector and local streets. E. Boynton Beach Boulevard Most groups viewed the current speed of vehicles on this roadway as detrimental to the function of the study area. Not only did the groups see the high speed as a public safety concern, but also as a deterrent to pedestrian movement in the area. Recommendations included the installation of pedestrian cross-walks using brick pavers, landscaped roadway medians, street furniture, wider sidewalks and on-street parking to calm traffic speed. Many groups agreed on proposing mixed-use development fronting Boynton Beach Boulevard. The buildings were envisioned with commercial or office uses on first and residential on the upper floors. All groups recommended the addition of landscaping along the corridor. F. Town Square One-half of the in-house groups agreed that the proposed plan for Town Square was impressive and interesting and only suggested minor changes. However, the Public Visioning teams, criticized the conceptual plan mainly due to the elimination of some homes and the old high school. A controversial element in the plan is the demolition of the old high school building. Most of the public teams felt that the high school should be preserved and rehabilitated into a civic/theater space, and the area proposed on the plan as the new civic/auditorium space be turned into a park with an interactive fountain and a sculpture garden, "Center of Green Space." Some groups also recommended that lusher landscaping be planted with colorful flowers, instead of the colorless existing landscape. Overall, most teams agreed that Town Square should become a civic and cultural center for the city. G. Ocean Avenue: The teams proposed that Ocean Avenue become the downtown's main street. Ocean Avenue underwent a streetscape modification process that residents and owners were very please with. One team suggested that Bed & Breakfasts front the street along with a "light" mix-use development. Staff interprets as smaller scale buildings with max. heights of two stories. Another recommendation by the teams is to make the intersection of Seacrest Boulevard and Ocean Avenue more of a focal point, perhaps with a roundabout, creating a formal entry to Ocean Avenue and the downtown. The other suggestion was to design a bike path on Ocean Avenue that would take advantage of the connection of the bridge to the beach. Ocean District Community Redevelopment Plan H. Residential: Most of the teams agreed that the southeastern section of the study area should remain with single-family housing. Three teams proposed town-homes for the area between 1st Street and 3ra Street. Most teams agreed on integrating mixed-use (commercial/office and residential) development on Boynton Beach Boulevard and Ocean Avenue. Again teams desire to limit new buildings 5 (5) stories high. I. Concluding Remarks City staff will now begin the process of reviewing all options and generate three (3) conceptual design alternatives. These alternatives will then be presented to the public via another public workshop, followed by presenting the most preferred concept to the City Commission. A final plan will then be generated. Ocean District Community Redevelopment Plan VIII.-PUBLIC HEARING CITY OF BOYNTON BEA ITEM B. 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 l6, 2003 December l, 2003 (Noon) [] February l7, 2004 Febmary2,2004(Noon~ ----~"< [] January 6, ~00n December 15, 2003 (Noon) [] March 2, 2004 Canceled 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 February 17, 2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Depathnent of Development Memorandum No. PZ 04-027. EXPLANATION: PROJECT: 503 North Seaerest (LUAR 03-010) AGENT: Don Stacks OWNER: Edward Eatman III LOCATION: 503 North Seaerest DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre. Proposed use is single family residence. PROGRAM IMPACT: FISCAL IMPACT: ~ I Developm&(tq~ep~l~n'~t ]Sire-'d~ City Manager's Signature Planning and Zon~g~)irector City Attorney / Finance / Human Resources S:XPIanningXSHARED\WP\PROJECTSXS03 N. Seacrest Blvd~LUAR 03-010~Agenda Item Request 503 North Seacrest Amend LUAR 03-010 2-17-04.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-027 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 2, 2004 PROJECT DESCRIPTION Project/Applicant: 503 North Seacrest Blvd/Don Stacks Agent: Don. Stacks Owner: Edward Eatman HI Location: 503 North Seacrest Blvd File No: LUAR 03-010 Property Description: Developed property consisting of approximately 0.11 acre, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial (see Exhibit "A") Proposed change/use: To reclassify from Local Retail Commercial (LRC) to Low Density Residential (LDR) and to rezone from C-2 Neighborhood Commercial to R-1-A Single Family Residential. The applicant is requesting land use and zoning consistent with the current use of the property, i.e. single family home. Adjacent Land Uses and Zoning: North: Developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-l-A, Single Family Residential. South: Right-of-way NW 4a' Street, then property developed for the First Baptist Church designated Local Retail Commercial (LRC) and zoned C-2; farther west, developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-l-A, Single Family Residential. East: Right-of-way of Seacrest Boulevard, then developed duplexes and single family homes designated Medium Density Residential (MeDR, 9.68 dwellings per acre) and zoned R-2, Single- and Two-Family Dwelling District. West: Developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-l-A, Single Family Residential. DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-027 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 2, 2004 PROJECT DESCRIPTION Project/Applicant: 503 North Seacrest Blvd/Don Stacks Agent: Don Stacks Owner: Edward Eatman HI Location: 503 North Seacrest Blvd File No: LUAR 03-010 Property Description: Developed property consisting of approximately 0.11 acre, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial (see Exhibit "A") Proposed change/use: To reclassify from Local Retail Commercial (LRC) to Low Density Residential (LDR) and to rezone from C-2 Neighborhood Commercial to R-1-A Single Family Residential. The applicant is requesting land use and zoning consistent with the current use of the property, i.e. single family home. Adjacent Land Uses and Zoning: North: Developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-l-A, Single Family Residential. South: Right-of-way N-W 4a Street, then property developed for the First Baptist Church designated Local Retail Commercial (LRC) and zoned C-2; farther west, developed single family homes designated LOw Density Residential (LD1L 4.84 dwellings per acre) and zoned R-l-A, Single Family Residential. East: Right0of-way of Seacrest Boulevard, then developed duplexes and single family homes designated Medium Density Residential (MeDR, 9.68 dwellings per acre) and zoned R-2, Single- and Two-Family Dwelling District. West: Developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-l-A, Single Family Residential. Page 2 File Number: LUAR 03-010 503 North Seacrest BACKGROUND The current use of the subject property, a single family home, is a non-conforming use under the current zoning district - C-2, Neighborhood Commercial. However, since the value of improvements on the property is less than $60,000, pursuant to the Land Development Regulations, Chapter 2, Section 11.1.C.8, the single-family home cannot be converted to a commercial use without a variance. The lot appears to exist as was originally platted in 1925, which does not meet the minimum lot standards for the C-2 zoning district. Therefore, the current use is subject to all provisions regarding reconstruction and/or expansion of non-conforming uses. PROJECT ANALYSIS The subject parcel totals +0.11 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan ~4mendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan ~4mendments: Rezonings, of the Code. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: a. Whether the proposed rezoning wouM be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning l~'vision and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean ~4venue corridors, within the commercial and residential Community Redevelopment ~4reas, and within the vicinity of U.S. 1 and Martin Luther King Boulevard. Page 3 File Number: LUAR 03-010 503 North Seacrest The property is located within the Heart of Boynton Community Redevelopment Area and thus the subject of a recently adopted redevelopment plan. Contrary to current land use and zoning designations on the property, the recommendations of the redevelopment plan support residential use along the west side of Seacreast Boulevard, which is the location of the above-referenced property. The proposed rezoning does not affect density, neither is the property located within the hurricane evacuation zone. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established residential land uses and will not create an isolated district. The adjacent lots to the north and west are developed with single family homes, as are lots south-west of the property, and across NW 4a Avenue. Lots to the east of the property, across North Seacrest Boulevard, are developed with a mix of single family homes and duplexes. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Redevelopment Plan and its recommendations regarding properties located along the west side of Seacrest Boulevard makes the proposed rezoning desirable. The recommendation is to reclassify all said properties, fronting Seacrest Boulevard on the west side between, approximately, NE 3~a Avenue and NE 7t~ Avenue, from Local Retail Commercial to Low Density Residential, and rezone them from the current C-2 Neighborhood Commercial to R-1-A Single Family Residential. There are currently no commercial uses in this area, indicating that, in the past, the market has not supported commercial development. d. Whether the proposed use wouM be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning wouM be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property will be compatible with the current and future use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby properties. f. Whether the property is physically and economically developable under the existing zoning. The conversion of the subject property to a commercial use may be physically and economically feasible some time in the future. As stated above, the market has not supported commercial Page 4 File Number: LUAR 03-010 503 North Seacrest development in this location in the past. Moreover, pursuant to the Land Development Regulations, the property cannot be changed to a commercial use without a variance. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the city as a whole. As stated above, the request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are alternative sites throughout the city for a single family home use and development. However, as documented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infrastructure and will be compatible with adjacent land uses. Moreover, given the lot characteristics and conflict with commercial zoning regulations, the request represents the most logical action. Lastly, it is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval arc recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". A~FACHMENTS G:~IJARs~503 NSeac~st~StnffRe~o~ 503 Sencrestdoc LOCATION MAP ~x,~.,T"^" 503 N. SEACREST BLVD. ~ ~ Z MeDR NW 4TH AVE ~ I i~ 4TH AVE LRC ~ ~ 0_12_.,~5 50 75 lO~eet V]'ZZ.-PUBLZC HEARZNG I'TEM C. 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 Canceled 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 Heamg [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the February 17, 2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-027. EXPLANATION: PROJECT: 503 North Seacrest (LUAR 03-010) AGENT: Don Stacks OWNER: Edward Eatman III LOCATION: 503 North Seacrest DESCRIPTION: Request to rezone from C-2 Neighborhood Commercial to R-1-A Single Family Residential. Proposed use is single family residence. PROGRAM IMPACT: D eve lopme~2rD~p'ar~e~t D'~ec~t r City Manager's Signature ~lannin~' and Zon(ngtJDirector City Attorney / Finance / Human Resources S:?lanning~HARED\WP~PROJECTSXS03 N. Seacrest BlvdXLUAR 03-010~genda Item Request 503 North Seacrest Rezone LUAR 03-010 2-17-04.dot S:X, BULLETIN~ORMSL~.GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-027 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 2, 2004 PROJECT DESCRIPTION Project/Applicant: 503 North Seacrest Blvd/Don Stacks Agent: Don Stacks Owner: Edward Eatman III Location: 503 North Seacrest Blvd File No: LUAR 03-010 Property Description: Developed property consisting of approximately 0.11 acre, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial (see Exhibit "A") Proposed change/rise: To reclassify from Local Retail Commercial (LRC) to Low Density Residential (LDR) and to rezone from C-2 Neighborhood Commercial to R-1-A Single Family Residential. The applicant is requesting land use and zoning consistent with the current use of the property, i.e. single family home. Adjacent Land Uses and Zoning: North: Developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-l-A, Single Family Residential. South: Right-of-way NW 4th Street, then property developed for the First Baptist Church designated Local Retail Commercial (LRC) and zoned C-2; farther west, developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-l-A, Single Family Residential. East: Right-of-way of Seacrest Boulevard, then developed duplexes and single family homes designated Medium Density Residential 0VIeDR, 9.68 dwellings per acre) and zoned R-2, Single- and Two-Family Dwelling District. West: Developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-l-A, Single Family Residential~ Page 2 File Number: LUAR 03-010 503 North Seacrest BACKGROUND The current use of the subject property, a single family home, is a non-conforming use under the current zoning district - C-2, Neighborhood Commercial. However, since the value of improvements on the property is less than $60,000, pursuant to the Land Development Regulations, Chapter 2, Section 11.1.C.8, the single-family home cannot be converted to a commercial use without a variance. The lot appears to exist as was originally platted in 1925, which does not meet the minimum lot standards for the C-2 zoning district. Therefore, the current use is subject to all provisions regarding reconstruction and/or expansion of non-conforming uses. PROJECT ANALYSIS The subject parcel totals _+0.11 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and EnJbrcement, Item C. Comprehensive Plan Amendments: Rezonings, of the Code. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: a. Whether the proposed rezoning wouM be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which wouM have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of U.S. 1 and Martin Luther King Boulevard. Page 3 File Number: LUAR 03-010 503 North Seacrest The property is located within the Heart of Boynton Community Redevelopment Area and thus the subject of a recently adopted redevelopment plan. Contrary to current land use and zoning designations on the property, the recommendations of the redevelopment plan support residential use along the west side of Seacreast Boulevard, which is the location of the above-referenced property. The proposed rezoning does not affect density, neither is the property located within the hurricane evacuation zone. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established residential land uses and will not create an isolated district. The adjacent lots to the north and west are developed with single family homes, as are lots south-west of the property, and across NW 4t~ Avenue. Lots to the east of the property, across North Seacrest Boulevard, are developed with a mix of single family homes and duplexes. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Redevelopment Plan and its recommendations regarding properties located along the west side of Seacrest Boulevard makes the proposed rezoning desirable. The recommendation is to reclassify all said properties, fronting Seacrest Boulevard on the west side between, approximately, NE 3a Avenue and NE 7th Avenue, from Local Retail Commercial to Low Density Residential, and rezone them from the current C-2 Neighborhood Commercial to R-1-A Single Family Residential. There are currently no commercial uses in this area, indicating that, in the past, the market has not supported commercial development. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning wouM be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property will be compatible with the current and future use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby properties. f Whether the property is physically and economically developable under the existing zoning. The conversion of the subject property to a commercial use may be physically and economically feasible some time in the future. As stated above, the market has not supported commercial Page 4 File Number: LUAR 03-010 503 North Seacrest development in this location in the past. Moreover, pursuant to the Land Development Regulations, the property cannot be changed to a commercial use without a variance. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the city as a whole. As stated above, the request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed There are alternative sites throughout the city for a single family home use and development. However, as documented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infrastructure and will be compatible with adjacent land uses. Moreover, given the lot characteristics and conflict with commercial zoning regulations, the request represents the most logical action. Lastly, it is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS GALUARs~03 NSeac't~st~StaffRepo~ 503 Seat:rest. doe LOCATION MAP 503 N. SEACREST BLVD. · MeDR m NW 4TH AVE ~ I1~ 4TH AVE LRC 012.525 50 75 10~ ~ ~ eet VITI.-PUBLIC HEARING ITEM D.. 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 Canceled February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal - Other NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation "~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ,-- HREC. OMME. NDATI. ON: Please place this request on the February 17, 2004 City Commission Agenda un~r Pu~o~ earing consistent w~th the respective legal notice. The Community Redevelopment Agency Board with a tmanimq~ vo~ recommended that the subject request be tabled to allow the Board to hold a workshop for the review of the propost:~cod?~ amendments. A workshop date was not set by the Community Redevelopment Agency Board. For further details pertaining to the request, see attached Department of Development MemOrandum No. PZ 04-028). EXPLANATION: PROJECT: Mixed Use Code Review (CDRV AGENT: City-initiated DESCRIPTION: Request for approval of propose amendments to Chapter 2, ZONING, Section 6.F. Mixed Use Zoning Districts. PROGRAM IMPACT: FISCAL IMPACT: Developbtfefi't'D~ ,artment Dir~tor City Manager's Signature Plant'g-and Zo~dI~irector City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~SPECPRO~CODE REVIEW~CDRV MU-H MU-L~genda Item Request Mixed Use Code Review CDRV 04-002 2-17-04.dot S:~BULLETINLFORMSLatGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN:[NG AND ZON:[NG DI'VZSt'ON MEMORANDUM NO. PZ 04-028 TO: Chairman and Members Community Redevelopment Agency Board THROUGH: Michael W. Rumpf ~,~ Director of~~.d Zoning FROM: Dick Huds~nior Planner DATE: February 3, 2004 SUBJECT: CODE REV"JEW CDEV 04-001 Nixed Use Zoning Districts (MU-H & MU-L) PRO3ECT DESCRZPI'~ON Project: Proposed amendments to the Zoning Regulations for Nixed Use-High Intensity (MU-H) and Nixed Use-Low Intensity (MU-L) zoning categories. Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbdght Road on the south, and lying between the ];ntracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. NATURE OF REOUEST The regulations for the Nixed Use-High ~[ntensity (MU-H) and Nixed Use-Low [ntensity (MU-L) zoning categories were adopted on 3une 18, 2002. After eighteen months of working with these regulaUons, staff has determined that minor amendments are warranted to bring the regulaUons into closer conformance with the intent of the Federa/ H/qhway Corridor Commun/ty Redevelopment Plan and to aid in their administraUon. The specific locations' where these district regulations may be applied are generally described as lands currently designated as Nixed Use (NX) and Nixed Use-Core (NXC) on the City's Future Land Use Nap. ANALYSTS The proposed amendments to the Nixed Use zoning districts (see Exhibit "A'3 include addiUons and changes to the following sections: Section 6. F.4-Table 6F-! Schedule of Permitted, Principal, Accessory and CondiUonal Uses. Live- Work Units have been added as permitted uses in both zoning districts, while Self-storage or Page 2 CDRV 04-001 Mixed Use Zoning Districts (MU-H MU-L) Mini Warehouse use has been made a conditional use in the MU-L district. Supplemental regulations are provided for each use (6. F. 1,t and 6.F. 15) to address location, design and other related aspects. It should be noted that, with the proposed changes, the majority of permitted uses would be required to be integrated into a mixed use project. Section 6F. 5 Building and site regulations. In the Minimum Parcel Size table, .All other Uses now requires a minimum lot size of 3 acres to rezone from a single-family residential district to the MU-L district if there is no frontage on an arterial roadway. Maximum Floor Area Ratios are established for each of the Mixed Use districts, consistent with the intensities established in the Comprehensive Plan. Section 6.F. 16 Definitions. New definitions have been added for Fitness/Health Club, Hotel, Extended Stay Hotel, Live/Work Unit, and Theater. RECOMMENDA'r/ON Staff recommends that the subject text amendments, as the proposed amendments to the zoning code. If there are changes or additions recommended by the Community Redevelopment Agency Board, they will be attached to this report as "EXhibit B". EXhibits S:\PLANNING\SHARED\WP\SPECPROJ\CODE REVIE~CDRV MU-H MU-L\CDRVSTAFFREPT04.DOC CHAPTER 2 ZONING Exhibit A Sec.6 Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses on assembled parcels along the Federal Highway Corridor Redevelopment Area. All development and redevelopment shall be guided by an approved plan and through the use of the planned unit development, conditional use, or other site plan review processes. The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments though appropriate separation fi:om, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the redevelopment area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. Upon adoption of the Mixed Use-Core (MX-C) land use classification, this zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. The district allows a maximum height of one hundred-fifty (150) feet and a residential density of 80 dwelling units per acre, provided that all new developments within this district that front on streets desi as "arterial roads" on the "Functional Classification of Roadways Map" contain a mixture of retail, office and/or residential uses. b. MU-L (Mixed-Use-Low Intensity) Zoning District. In order to complement the revitalization efforts in the City's commercial core, the MU-L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. The MU-L district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows a maximum height of seventy-five (75) feet and a residential density of 40 dwelling units per acre for mixed use projects. Building heights between seventy-five (75) feet and one hundred (100) feet may be permitted if reviewed as a conditional use. The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new mixed use developments within this district shall front on streets designated as "arterial roads" on the "Functional Classification of Roadways Map" (Federal Highway, Boynton Beach Boulevard, Ocean Avenue and Woolbright and contain a mixture of retail commercial, office and residential use~ Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. Uses are classified as Permitted "P", Conditional "C" or Not Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a foomote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. TABLE 6F-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Hotel C P Home Occupation p p Mobile Home N N Motel N N Residential, Single Family Detached gl N Residential, Single Family Attached p gl Residential, Multi-Family p p~ Boarding and Rooming House N N (except where provided by state law) Communit~ Facilities Use Group MU-L ZONE MU-H ZONE Government Office/Civic Center/Library C ~ Recreation (outdoor) P N 2 USE GROUP/USE MU-L ZONE MU=H ZONE Museum P P House of Worship P~ Police or Fire-Rescue Station P P Postal Center (retail sales only) C~ C Post Office P P Public Park P P Public Parking Lot or Garage P P Office Use Group* MU-L ZONE MU-H ZONE * Not encouraged as a first floor use in the MU-H Zone Bank/Financial Institution C~ C~ Medical or Dental Office or Clinic P F Physical Therapy Clinic P F Professional Business Office P Veterinary Office or Clinic P N Sales and General Commercial Use MU-L ZONE MU-It ZONE Group* , * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store pO Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C N Animal Grooming P P~ Animal Sales N N Antique Store P~ Pi Antique Mall/Flea Market N N Arts, Crafts, Hobby and Framing P[ Auction House N N Automotive Parts Sales N N Automobile Sales with Display Bakery, Retail Boat/Marine Sales/Rental N p~3 BoattMarine Accessories pO pO Bookstore pO pO Building Supplies or Materials N N Bus Terminal N N New Clothing, Shoes or Accessories pO pO Boutique Contractor's Office/Equipment Storage N N Coffee Shop pO pO Convenience Store pO pO Custom Home Furnishings pO pO Cyber-caf6 pO pO Delicatessen pO pO Dive Shop and Instruction as Accessory Use pO p 3 USE GROUP/USE MU-L ZONE MU-H ZONE Sales and General Commercial cont'd Drug Store or Pharmacy p11 p3 Gasoline Sales with/without Vehicle Service Cio N Grocery Store, Supermarket p7 p7 Florist pO Hardware Store pO pO Health Food Store pO pO Home Improvement Centers N N Lumber Yard N N Newsstand pO pO Outdoor Storage or Display N N Parking Lot for Commercial Vehicles N N Parking Lot or Garage, Private Ownership C C Personal Watercraft Sales, Rental, Service, Parts or Repair Photographic Studio and Photographic G Supplies Restaurant, w/Drive Thru N N Restaurant, Sit-Down / P[ Specialty Foods and Confections pO pO Sporting Goods pO pO Tobacco 1LAccessories pO pO Vehicle or Marine Customizing, Detailing, N N Service, Parts or Repair Vehicle or Marine Trailer Sales, Rentals, N N Service, Repairs and Storage Video Rental pO pO Wholesale/WarehousedDistribution N N Service Use Group* MU-L ZONE MU-H ZONE * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Barbershop/Beauty Salon/Day Spa p6 pO Dance Studio pO pO Dressmaker or Tailor pO pO Drycleaner p~,,s Fitness Club G1 pO Funeral Home N N Hospital N N Labor Pool Establishments N N Laundromat P~' N Medical Outpatient Facility (2[ C[ Nursery, Preschool or Child Daycarep6 N Nursing or Convalescent Home N N Photocopy Center pO pC, Self-Storage or Mini Warehouse N--1 N 4 USE GROUP/USE MU-L ZONE MU-H ZONE Service Use Group cont'd MU-L ZONE MU-H ZONE Shoe Repair pO pO Soup Kitchens-,/Substance abuse Centers/ N N Shelters/Half-way Houses Tattoo Parlor/Bod~t Piercing N N Entertainment Use Group MU-L ZONE MU-H ZONE Adult Entertainment N N Bar, Cocktail Lounl~e ~ ~ Billiard Club/Bowling Alley/Indoor Recreation Facility Bingo Hall N N Fortune Teller N N Movie Theater N C3 Night Club Iq C Performing Arts Theater N P Private Clubs, Lodges and Fraternal C] C] Organizations Accessory Use MU-L ZONE MU-H ZONE Drive-Thru Facility (other than accessory C9 N use to financial institutions and restaurants) Restriction Notes: ~ Must be ia~gr4~M~a~ ~a m~xed-use development .................. resi~erf ~ ..... v ..... compr .... ~smg a wJv2Lm--~ of 30 percent of the gross floor area of the entire development~ .... ~.~,~.~ ..a,,.:_ ,~. ...... ,..~,...~ :., ...,.;..~. ,~ 2 For those with fi'ontage on an arterial road, allowed as a permitted use if the ground level floor fronting the' arterial is devoted to office or retail uses. Otherwise, use is a conditional use. 3 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. 4 Subject to setback and buffering requirements as recommended by the Technical Review Committee. 5 Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. 6 Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. 7 Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. s On-site drop-off and pick-up only. 5 9 Drive-thru facility, including stacking lanes, must be screened fi.om public right-of-way and requires conditional use approval. Ingress/egress shall not be fi.om/to an arterial roadway. Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline or gasoline products. 11 Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). Indoor storage/display shall not exceed 10,000 square feet. In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to 10. uare feet. 5. Building and site regulations, Minimum Parcel Size' ' MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Hotel --- 3 acres* *or is part ofa mixed use development of at least 3 acres. Residential, Single Family Detached 5,000 sq. ft. --- Residential, Single Family Detached w/Accessory Unit 7,500 sq. ft. --- Residential, Single Family Attached · 7,500 sq. ft. 65,000 sq. ft. Residential, Multi-Family 15,000 sq. ft. 20,000 sq. ft. Community Facility Use Group Public Park no minimum no minimum All other Uses ~~ Minimum Livinl[ Area MU-L ZONE MU-H ZONE Single Family Detached 1,000 sq. ft. --- All other Residential 750 sq. ft. 650* sq. ft. Accessory Apartment 750 sq. ft. --- * Size of all units must average 1,000 sq. ft. Minimum Lot Frouta[ge MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. --- Residential, Single Family Attached (Duplex) 75 ft --- Residential, Single Family Attached (Townhome) 25 ft --- Residential, Multiple-Family 100 ft. 100 ft. All Other Uses 100 ft. 100 ft. 6 Maximum Height MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. --- Residential, Single Family Attached (Duplex) 35 ft --- Residential, Single Family Attached (Townhomes) 35 ft All Other Uses 75 ft. la 150 ft.~- at ont minimum 10 ft. ogstepba~ for eve~ / additional 2May increase to a maximum height of 100 ft. subject to conditions to minimize design and land use incompatibilities. I Minlmum Height 135 ft.! 135 ft' ~- ~Applies to any fagade with "arterial roadway" frontage. 2Applies to any fagade with street frontage. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance of, or simulate the intensity of, a minimum two (2)-story building. MINIMUM PERVIOUS AREA MU-L ZONE MU-H ZONE Community Facility Use Group Public Parking Lot or Garage --- 1 Residential Or Lodging Use Group Residential, Single Family Detached 40% --- Residential, Single Family Attached 30% / All Other Uses 20% 15% FRONT YARD SETBACK MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached build to line 10 ft.~ __. Residential, Single Family Attached build to line 10 ft.~ ___ Residential, Multi-Family build to line 10 ft. 2 0-15 ft. All Other Uses including mixed use with a single-family 0 ft or 10 ft~ 0 ft or 10 ft'~ attached component--build-to line 7 Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. Projecting feature(s) such as awnings, balconies, porches and/or stoops sh"21 II be placed forward of the build-to line and shall maintain a minimum 2-foot setbaCk-'fi'om any public sideWalk. One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. Where intent is to widen pedestrian walkway. SIDE YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 6 ft .... Comer 15 ft ___ End 10 ft. --_ Residential, Single Family Attached (Duplex) Comer 15 ft. --- Residential, single Family Attached (Townhomes) End 10 ft --_ Comer 15 Residential, Multi-Family 20 ft~ 0 ft~ All Other Uses Adjacent to Residential Single Family Attached or 25 ft. ~ 0 ft. Detached in the MU-L Zone Adjacent to Other Uses 0 ft. ~ 0 ft. ~ plus one additional foot for each foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. REAR YARD MU-L ZONE MU-It ZONE Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to ' Intmc~astal Waterway 25 ft. 25 ft. Residential, Single Family Detached 7.5 fl: --_ Residential, Single Family Attached 7.5 ft. -._ Residential, Multi-Family 25 ft. All Other Uses Where Yard is Adjacent to Intracoastal Waterway 25 ft. 0 fl.~ Where Yard is Adjacent to Residential Single Family 25 ft. Attached or Detached Where yard is Adjacent to All Other Uses 0 ft. ~ subject to requirements of any permitting agency having jurisdiction over construction abutting the Intraeoastal Waterway. 2 plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone 3 Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6. Mixed Uses. Buildings containing residential and non-residential uses are required within the MU-H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the MU-L zoning district and subject to the same development standards as "all other uses." Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use- type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. 7. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 8. 9_ Landscaping a. MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. · The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. b Tree Spacing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. · Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. c. Tree Irrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times. d. Sidewalks · All new construction in the MU-H District shall provide new sidewalks. * Sidewalks shall be Holland-Stonepavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. e. Flower Containers · To add color and soften sidewalk paving with plants, flower ming ......... -~ ~ containers bloo annuals or perennials are ....... ~, .... planted and maintained along facades of new building fronting on arterial roadways in the MU-H District. 91. Parking-Requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 1 IH, of the Boynton Beach Land Development Code. Chapter 2, Section 11I shall apply only to the MU-H zoning district. a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and paragraphs 8d. and 8e. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage when possible in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time Periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: 10 Weekday Weekend Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Percent) (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 5 Lodging 75 100 75 100 75 Restaurant 50 100 100 100 10 Entertainment 40 100 90 100 10 Residential 60 100 100 100 100 (Source: Urban Land Institute "Shared Parkin,~", 1983) c. Freestanding parking garages as part of a mixed use de~t are permitted within the MU-H Zone only. Within the MU-H Zone, fxeestandin~ parking garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and Mu-L Zones. Understory parking (on the first floor of a structure) is permitted the MU-H and MU-L Zones fo~ buildings. Such first floor~ shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated fagade designed to screen the parking area. e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. I-1-0. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. ~4-~. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. 11 l-1-3. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. 12 ~. Definitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. Accessory apartment: a habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling and shall in no case be more than 750 square feet~ Antique shops: any premises used for the sale or trading of articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop does not include "secondhand store". Child Care: an establishment that provides care, protection and supervision for children on a regular basis away fi.om their primary residence for less than 24 hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for while parents or custodians are occupied on the premises or in the immediate vicinity. Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non- alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications. Cyber caf6: a coffee house that provides patrons with computer terminals for browsing the Internet for a fee. 13 Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fortune-teller/Psychic: somebody Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half-way House: A residential facility used to house individuals being transitioned fi:om penal or other institutional custody back into the larger society. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. 14 Mixed Use Development: a combination of two or more uses on a single parcel. In the Mixed Use-High zoning district this shall consist of a structure or series of structures containing ground floor retail commercial with office uses and/or housing above. In the Mixed Use-Low Intensity zoning district, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi-Family: A building containing three (3) or more dwelling units that cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low- cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low-' cost pre-packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. ~ ;~]I'Iz~ine~J'DSOI',{~ilXED USE~rdiname Revised 2-2-04.doc 15 Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fortune-teller/Psychic: somebody Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half-way House: A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Mixed Use Development: a combination of two or more uses on a single parcel. In the Mixed Use-High zoning district this shall consist of a structure or series of structures containing ground floor retail commercial with office uses and/or housing above. In the Mixed Use-Low Intensity zoning district, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. 14 Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption offthe premises. Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi-Family: A building containing three (3) or more dwelling units that cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low- cost short-term lod~ng for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low- cost pre-packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. $:~Plannln~_ LHUDSOlq~MIXED USE~3rdlnnnr.. Revised 2-2-04.doc 15 IX. - CITY MANAGER'S CITY OF BOYNTON BEAt EpOR'r AGENDA ITEM REQUEST rrEM A Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates ~Offioe Meeting Dates ~ Office [] December2,2003 Nove~berl7,2003(Noon.) [] February3,2004 January 20, 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 17, 2004 (Noon) [] January20,2004 JanuaryS, 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 I~COMMENDATION: Motion to approve the Basis of Design Review for Phase 4 of the West Water Treatment Plant expansion project, thereby authorizing the City staff to request bids for this next phase of the project. EXPLANATION: Prior to authorizing the request for bids on the next phase of the expansion of the West Water Treatment Plant project, the City Commission asked for an opportunity to review the original Request for Qualifications documents, as well as the Basis of Design Review (BODR) documents. Those items have been on file with the City Commission since January 26, 2003. PROGRAM IMPACT: The City Commission has already formally recognized those firms that are "qualified' to submit a bid for the Phase 4 expansion. With an approval of the BODR documents by the City Commission, it will be the intention of the City staff to advertise this project for bids on March 15, 2004. FISCAL IMPACT: The fiscal impact of this portion of the project will be evident once the bids are received. At this point, the design engineer has given the City a project estimate of approximately $20 million dollars. The final numbers will not be known until the bids are received and analyzed. We anticipate that these bids will be opened on May 28, 2004. S:~BULLE~RMS~AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: There are not too many alternatives to having the City Commission approve the Basis of Design Review. The BODR has been developed by the City's consulting engineer, and from a technical standpoint, we need to rely on the professional expertise of the consulting engineer to set the standards of design and review for the Phase 4 expansion of the West Water Treatment Plant. Failing to approve the BODR might mean that we will have to start the entire process over again, which might add as much as 8-12 months to the project time schedule. This project, under the mandates of the City's Consumptive Use Permit, must be operational by August of 2006. If the current BODR is not approved and we are forced to start over again, we will not hit the operation date as mandated on the City by the South Florida Water Management District. Department Head's Sig~ture City Manager's Signature Utilities Department Department Name City Attorney / Finance / Human Resources S:~BUI.I.ETIN~FORM$~,(3ENDA ITEM REQUEST FORM. DOC ~ CITY OF BOYNTON BEACH IX.-¢ITY MANAGER'S AGENDA ITEM REQUEST FORM REPORT Requested City Commission Date Final Form Must be Turned Requested City Commiss ITEM B. Meeting Dates in to City Clerk's Office Meeting Dates [] 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: The City Commission set a policy against expansion of the Boynton Beach Memorial Park Cemetery into Little League Park. The City Commission directs the Cemetery Board to study and recommend policies, which will encourage the maximum use of existing cemetery resources at both Boynton Beach Memorial Park and ~t :Sara Sims Cemetery. The Commission will set a policy that the City will allow the current cemeteries and mausoleum to be filled. After that occurs the city will ~ssume only the responsibility for the perpetual care of facilities and grounds. EXPLANATION: See attached Recreation and Parks Department memorandum No. 04-11, 'Cemetery Options'- Exhibit 'A'. Also see attached a section of the Heart of Beynton Plan ~Sara Sims Park and Cemetery Master Plan'- Exhibits 'B, C, and D'. ~Rnr, RAM IMPACT: ~ for Boynton Beach Memorial Park include: ,.)Additional re-platting of existing cemetery space. 2.)A modest expansion and continuation of improvements at Sara Sims Cemetery. 3.)Consideration of rules and fess, which give preference to City residents for use of our facilities over non- residents. 4.)C~nsiderati~n ~f new ru~es a~~~wing f~r additi~na~ cremati~n ~~cati~ns ~ffered as an e~ective ~pti~n. ~iions for Sara Sims Cemetery (see Exhibits 'B, C, and D') include: -1.) Expansion to provide for additional burial space, facilities, end pedestrian access for visitors is improved with new gates and walkways. ;~. ~ G ~') Provide for a Floribbean style, open-air structure and access drive, which allows a formal location for funeral processions as well as a shaded facility for funeral services. ~e~,??attng Sara Sims wi//provide options for burial. When both cemeteries are full the City will switch to maintenance operations. ~O~/¢t°n Beach Ivlemorial Park and the Little League Park are both located in a Wellfield Protection Zone of the City's East Wellfield. Attached is a map showing the :_a~t Wellfield Protection Zone (Exhibit 'E') and a brochure produced by Palm Beach County Department of Environmental Resources Management (Exhibit 'F'). .-.-x,h?~it 'E', the color-coded map, shows the actual limits of each of the we//field protection zones (Zones 1 - 4) depicted over each of the wellheads, along with the ;nt~r~ we//field. Exhibit 'F; the brochure, describes how the Wellfield Protection Program works. ~l~a§e notice that Zone 1, depicted in red, is basically confined to 50 - 180 + feet around each wellhead, but that Zone 2, depicted in green, covers the entire area o! b~Uttle League Park. Each Zone I area has a mandatory no regulated chemicals a/lowed restriction. Each Zone 2 area has a se#es of regulations, including n~[~'dates for providing spill containment and clean-up, monitoring groundwater for contamination; $10,000 surety bond, the report of spills, and inspecting storage :o~ntainers for leaks. :ISCAL IMPACT: ~he City will not be required to find funds for the cost of the expansion of the cemetery and to expend the $3 to $4 million required to replace Little League Park. ~L~ERNATIVES: ~ ':;,.' ~ Department ,ead's Signature / '/~ City Manager's Signature / .i.- Recreation & Parks Department Name City Attomey/ Finance / Human Resources ;!\~'~LLETIN'~FORMS\AGENDA ITEM REQUEST FORM.DOC EIItIBIT tAt RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 04-11 TO: Cemetery Board Members / VIA: Wilfred Hawkins, Assistant City Manager~,~ Wally Majors, Recreation & Parks DirectoI' ' at. FROM: John Wildner, Deputy Recreation & Parks Directory XC: Jeff Livergood, Public Works Director Chris Roberts, Assistant Public Works Director Janet Prainito, City Clerk File DATE: January 23, 2004 SUBJECT: Cemetery Options In October 2002 City staff presented to the Cemetery Board a number of alternatives related to future cemetery operations. This report was prompted by the fact that the nUmber of available cemetery lots was qm'ck![,g~indling. At that time, the Cemetery Board recommended to the City Commission th~"i~:~.'._.metery be expanded west to occUpy Littie.~League Park. The Cemetery Board didii:~.t..;;.,i~ver, address how this cemetery expans~oif~f~d~t~'e funded n~t did it consider the co~-'to'~'~ity of re-establishing Little League fields at: i:~ l~cafionl Inthe time that has pasg~?§~ce the Cemetery Board made the recommend~iti~ns, a number conditions have changed: :'"~ Little League has received national recognition and the City Commission has conducted, exhaustive discussion and planing efforts for'the purpose of building and expanding a number of City parks, recreation buildings, the library and other major facilities. During this discussion, the Commission was very aware that there could be a need in the future to construct new Little League fields to accommodate potential cemetery expansion into Little League Park. The City Commission, however, has determined that other projects have higher priority for the coming years. Because there is not an infinite amount of property associated with the cemetery, and because it is rapidly being depleted, staff believes it is best to address this issue as soon as possible. In addition, the Cemetery Board is now comprised of a number of new members that were not part of past discussions. Staff believes that it is apprOpriate to allow the Cemetery Board to again consider the options for future cemetery operations. In particular, staff believes that the Board should consider that fimding for Little League relocation has not been identified at this time, particularly due to the priority placed upon other capital projects. The original staff report on cemetery options has been distributed to the Board. Staff believes that the Board should consider one primary question "Is it appropriate and desirable for the City of Boynton Beach, a unit of city government, to continue cemetery operations into the future?" Basically, we must ask if we believe that the operation of a cemetery is an essential function of government or is this public service best left to the private sector? Staff requests that the Board review the original report and consider the following recommendations: Staff does not believe that the operation of the cemetery is an essential function of local government. We believe that the City should allow the current cemetery and mausoleum to be filled, and the City then assume the responsibility for perpetual care of the facilities and grounds. If, however, the cemetery were to be expanded, staff does not believe that it is appropriate for taxpayers to fund the expansion of those operations. We believe that all costs associated with proposed cemetery expansion should be funded by the sale of cemetery plots, mausoleum crypts and niches. This would mean that if the cemetery exlS'//~nds into the Little League Park, cemetery funds would be used to fund the relocation of Little League Park including the cost of property for the park. This would, of course, suggest that the cost of burial plots would be so high that we would be unable to compete with other cemeteries in the County. Since this option appears totally impracticable, staff believes that it is appropriate for the Cemetery Board to consider, at a future date, the many options that will allOw for the maximum use of existing cemetery resources at both Boynton Beach Memorial Park and at Sara Sims Cemetery. These options could include: 1. Additional re-plating of existing cemetery space 2. Considering new roles allowing for an emphasis on cremation 3. A modest expansion and continuation ofimprovqments at Sara Sims Park 4. Consideration of rules and fees which give preference to City residents for use of our facilities over non-residents In staff's opinion, the implementation of policies designed to emphasize resident preference and the conservation of existing cemetery resources could extend the use of existing facilities by a number of years. This would allow our residents to adjust to the reality that future City cemetery services would be confined to maintenance of existing facilities. The private sector would be allowed to provide all other future cemetery services at locations of their own choosing. In closing, staff would suggest that the Board consider withdrawing its recommendation to the City Commission of expansion into Little League Park. Staff would look forward to assisting the Board to study and recommend policies which would allow continued efficient operation of City cemeteries and the mausoleum while we transition to a maintenance only operation. With appropriate policies in place, City residents would be able to plan appropriately for their families' needs. Thank you for your consideration. JW:sc F3HIBIT ~B~ ~--~'~ ~--~ CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Wellfield Protection Zones As per the request of the City Commission, from their January 16~' pre-agenda review meeting, I have enclosed copies of a map showing the Wellfield Protection Zone for our East Wellfield, along with a pamphlet produced by the Palm Beach County Department of Environmental Resources Management, which describes how the Wellfield Protection Program works. The color-coded map shows the actual limits of each of the wellfleld protection zones (Zones 1-4) depicted over each of the wellheads, along with the entire wellfield. Please notice that Zone 1 (depicted in red) is basically confined to 50-100_+ feet around each wellhead, but that Zone 2 (depiCted in green) covers the entire area of Little League Park. Each Zone 1 area has a mandatory no.reaulated chemicals allowed restriction. Each Zone 2 area has a series of regulations, inCluding mandates for prOviding spill containment and dean-up, monitoring groundwater for cOntamination; $10,000 surety bond, the reporting of spills, and inspecting storage containers for leaks, I hope that this information is helpful to you and the City Commission. Please be sure to contact me directly if you have any comments or any further questions. Dale S. Sugerman Assistant City Manager ...... REC, EiVED 1 dAN 27 2004 I ClT MANAGER'S OFFICE ~IBIT "Ev XiI. - LEGAL CITY OF BOYNTON BEA ITEM B.:I. 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) [] January20,2004 January 5, 200n (Noon) [] Marehl6,2004 March l, 2004(Noon)~ [] 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 Februaxy 17, 2004 City Commission Agenda under under Legal, Ordinance - First Reading. The City Commission unanimously approved this request under Public Hearing, on February 3, 2004 except the subject "Dance Iustmction" use shall require conditional use approval. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-301. EXPLANATION: Dance Studio in M-1 PROJECT: High Ridge Commerce Center II (CDRV 03-005) AGENT: Penni Greenly, Southern Dance Studio LOCATION: City-wide DESCRIPTION: Request to amend Chapter 2, Zoning, Section 8.A. 1.d.(9) to include dance instruction as a l:n~tt%nt'~e in the M~ district. PROGRAM IMPACT: A~LSTCEI~AIM~sT..~ ~ _ Planning-a~d Zomg)fi~r City Attorney / Finance / Human Resources S:~PlanningXSHARED\WP~PROJECTSXSouthem Dance Thealre\CDRV 03-005XAgenda Item Request High Ridge Corem C~' IIPublic,Legal,2nd reading CDRV 034)05 2-17-04.dot S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 "ZONING", SECTION 8. M-1 INDUSTRIAL DISTRICT 4. CONDITIONAL USES. BY CREATING A NEW SUBSECTION F. TO INCLUDE DANCE INSTRUCTION AS A CONDITONAL USE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of the Planning and Board and the Community Redevelopment Agency, does deem it appropriate in the best interests of the citizens and residents of the City of Boynton Beach, to amend Land Development Regulations of the City of Boynton Beach to include dance instruction a conditional use. NOW THEREFORE, BE IT ORDAINED BY TItE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and :onfirmed by the City Commission. Section 2. That Chapter 2. "Zoning", Section 8. of the Land Development of the City of Boynton Beach Code of Ordinances is hereby amended by creating new subsection 4. f., as follows: Sec. 8. M-1 Industrial district regulations and use provisions. A. M-1 Industrial District 4. Conditional Uses. Within any M-1 Industrial District, no building, structure, ... f. dance instruction Section 3. Each and every other provision of the Land Development Regulations ot herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 5. 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. ::\CA\Ordinances~LDR ChangesL~mdending LDR - Chapter 2.- Dance Studio.doc Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this __ day of February, 2004. SECOND, FINAL READING AND PASSAGE this __. day of 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ACA\Ordinances~DR ChangesLMndending LDR - Chapter 2.- Dance Studio. doc DEVELOPMENT DEPAR3MENT PLANNING AND ZONING DIVISION MEMO~UM NO. pz 03-301 TO: Chairman and l~fembers Planning and Development Board THROUGH: Miohael W. Rumpf ~ ~ Director of Planning alld Zoning FROM: Maxime Ducoste-A. DATE: December 10, 2003 SUB~: CODE REVIEW CDRV 03-005 Danco ~on add__ed to the list of permitted uses in the M-1 zoning district. NATUI~ OF REQUF~$T ..Y'to°..wn~. ~and~ rvPr~...en.tat/ve ~r _Southern Dance Studio, is requesting ~ ~ ..mo _t~ oxpemutte~l uses m tho M-l, Indu~ial zon/ng disco SpOc/fioallv. tho ~pncam ~ ~ that tho code bo amended to add a new permitted uso to the M-I ~z~ d~t (Cb__~t~r 2, Zon/n~ Section 8. A. 1. d. (9) to mad a~ follow~: "d~). 6ym,~tic centers, Dance I~n.' It should bo noted that ~he effects of the ~bject reque~, ff appwved, would be citywido (e.g. ail SACI O The City's Land Development'Regulatiom Chapter 2, Section 8. A. 1., limits the M-I zoninE dis/riot to ~ uses; however the cun~t list h~_~ included gymnastic centers sinco November, 2001 to "'~_odato tho sa/lie:--Tho C=2, Noigtlborhood Commerc~ial zoning distriot, Chapte~ 2 Soctioll 6. B: 1. "hA. ~ or recreational i~vtrucfl'on." AI~, Section 6. C. 1. (m) and consequently Section 6. D. 1, which correspond to tho C-2 and C-3 zon/ng districts, respectively, permit: 'Ttecreatlonal facilitie~, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis club~, golf. cotter, nu~ golfC°U~es, shooti,g range~ only~, ~kating rin~, and atnusement ~all~. Recreation facil#ie~ otlu~. Ola~. tho~e which are lt, vted above shall be conditional use~ (*): liacetracl~, go-ca~ rrac~, and water sltde~ #kall be Prohtbtted.' in ~he C-3 zoning district. With respect to standard classifl~on of the subject u~e, the North American Industrial Classification CDRV O3-OO5 .... -~.-oo...~,oo~ zVJal~Hal idOl:lfifi~ "damco sttldios n~ f~le ~ o~e ~h a f~ ~ mo~ ~--~-, · · ' -~ . ~ ..... ,v,v~.l~ ' h~ t' ~ m m ~o 12-14 fl ~e. ~-- - ~ ........ ~ · · . . . ~ ~ ~' ___ ~H~~ · · ~ (4 ~ old ~ ~t) ~o~ ~ ~1o' ~~'2~ ~~ m~ a ~ ~~. ........... ~ · .~ ~ m not a ~ ~~ ~ ~ ~ ~y k~t ~e ~, ~ch w~ ~ ~ ~e. M'I ~n~ ~ foHo~ng a ~e ~~t Nov~ 2~ 1. ~~~.~ o . ~~~~--m~of · . ' "- .~~~~o~ · Y ~ ~d~ d~ ~t ~ ~~le m Bo~n B~h's s~o ~d~ ~ ~-1). For ~1o, ~o ~ ~~ of n~~ m~~ ~vo ~t' 1~o~ of ~~ ~~ D~el~m~ ~ ~). ~ ~ ~ ~~e p~ ~~ ~t~ 2, ~on 11. H. ~~ of o~ CDRV 0~-005 three b~ (300) ~quare feet of grass floor area. Parlgag apace requirements may be computed #~arate~ for floor area occ~ted by athletic court~, z~mmtn~ pool~, or Other principal usez for wMch parlcin~ ~pace requtrement~ are listed in thi~ ordtaance. Section 11.16(0 requires one parlcin~ zpace per five ~undred (~00) ~quare'feet of gross floor area for industrial, researoh and development, trades uses, and one (1) parkin~ space per · eight hundred (800) square feet of gross floor area for wholosalo, and warehouso uses. The general intent and purpose of lbo M I zonine ,'~-:~, :- · .......... . · . · . ' ~ ~s~L -, uo prOVlClO UatO 8.00 tot mxl approved for 1~ inteosive --- o-- --:..~'---' ..... · ....... ume O_mldmgs tlud: v~ designed an?.pmp~. '.m an M-l, Industrial district to b~ developed is 10,000 f~.~. mmnnm~ lot ~ within ~ ~-') ~..~ ~ ~ ......... squaro In conlrast, ~ (300) square feet of ~o~ floor am~ ~he paddng m~dn~nent~--¥~-P- ~a~n~E space_per ~ ~ this_'same scen~_'o for ~ and warehou~ uses, (he parkin~g reo~ir,..,~,..~ ~,,i~ u_ ,~ _. .... and 7.5 -.v..,~ ~,.~_,y,y, oaaea on one il) space per five hundred · ~luam feet and one 1 ~~ o~ -. ~uua~ ro me c~cs and P~co of the M-1 zoning district. Also, lhe use of an undersized building for recreational purposes, with a higher' parldng requirement, could increase the need for code variances ff existing site~ cannot be retrofitted for ~he greater standards. · Generatin_p need for vsrfs~_c~ reqaests _... ,, ...... --~ .---- ~ ..... : ~.~, w~_.? ~~ ~ ~1~~ or ~i~ two 2 or · .- - · . ~ ~ ther)urisdiodom fi]at haw · o ,nes, which m m oo · m ...... vary .tensity, uld accommodate ~ with th~ lowest . . .. uses · im, onsity distziot~ without j comnat~ ~. uve chamaeristic~ (e.g. track traffic, chemicals, other hazards, etc.). Competition W~_th industrial_ ............ , uw~ tm~ opl:lon ooul(i ~e ~o allow th~ll conditio.~¥, and with additional restrictions suoh as disianoe sepmmions from selected uses or proMb_idng~hcm from multiplo use buildinss. Howev~. d,~,-,~ .... .. .... , ..... - -~--.~ ,,~ .,,..,.~v. -plxa~umues or ~n industrial uses and represent an Page4 CDRV 03-005 · EXHIBIT "A; .EXHtB/T MAJor Group ?0~-~ AND ~T/ON m ~ ~ ~ ~ ~ ~ ...... ~ ~~ _~ .~ : " EXNtm?" '~'ae appacant ~; ..__~ a rape~ for cond/fion, l - lnsh'uction ~ be allowed at u,_,..... _ --,.- me approval for all uses confo Codem~ ' _1. 1NIolse. No use Muffi be canied .... ' in ....,_,.,.,. u~,~cuon creater-- V~-~"-UOm' N'O.use ~ be ~ ~ hi an. ~ .... ~ ~ 011,'~'z~z-t' .,_ _ ~tt.v .l~Uitl:~ at 01~ l~p~q~md .al....;..-. ..... - --r---j ---ucu me use is Iocafl~ --~ -'~ "~ P~Pen7 Haes of ~/P~ ~~ me shall not create Ip.ouad vlbratiom ~,., - out --~& · - Smoke, dust, dirt, or ~ lnuikndale matl~. '" ~on wa~ th~ ttseis 1, ~raY, at or beym~ the .pmpe~ Itae~ .,~,,.- or ci ---., -',-~ m vl~ C~ ~.~=_~_~'~ use does n°tpr°du°e '° dust~ dirtof mis paragraph sludl apply where .... . -~ r~, .,:mm~y or ~_.mner which ~ not in .:1.0~0 NW 1st Avenue lz~l~e the fonowlng~: Uplm '. ' ~,raaon, ~-r~tt~e.~.~ ""--"~' =~r s, ate~ ~on, Wa~ mvolvlngsafetyornart, a,,, ,"t...,_,.._, ....... ocauonfor6+~. Notssue~ . - ------e,. ---t,~a~ mun" m the day. Survey on Dance ~nstruet~on/Dance studio XII. - LEGAL CITY OF BOYNTON BEAI 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 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 pla~e this request on the February 17, 2004 City Con-anission Agenda under Legal, Ordinance - First Reading. The City Commission approved the subject request with a 4-1 vote on February 3, 2004 under Public Hearing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-012. EXPLANATION: PROJECT: Quantum Park Townhomes East/West (ABAN 03-013) AGENT: Paul Romanowski, D. R. Horton, Inc. OWNER: Paul Romanowski, D. R. Horton, Inc. LOCATION: North of Gateway Boulevard; East of Congress Avenue DESCRIPTION: Request for abandonment of a portion of the Quantum Boulevard right-of-my, in connection with replatting and site plan approval for 271 townhomes and related site improvements. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ ~ Develop~af(I~par~ent Director City Manager's Signature Planning and Zoning J~n~ctor City Attorney / Finance / Human Resources S:XPlanning~HARED\WPLPROJECTS\Quantum Townhomes East & WestLa, BAN03-013XAgenda Item Request Quantum Pk Townhomes East. West ABAN 03-013 Ist reading 2-17-04.dot S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O4- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN A PORTION OF THE QUANTUM BOULEVARD RIGHT-OF-WAY (ABAN 03-013); AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WI-t/CH SHAIJ. BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WltEREAS, the agent for Quantum Park Townhomes East and West, Paul of D.R. Horton, Inc., is requesting abandonment of a portion of a 100 foot wide located within the Quantum Park P.I.D., subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, public heatings 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 ~ this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does abandon a portion of a 100-foot wide road right-of-way located within the Quantum P.I.D., subject to staff comments and any easements of record, and more particularly :scribed in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this __ day of ,2004 S:\CA\OrdinancesL~,bandonmentsL~bandon - Quantum Park lownhornes 020904.doc SECOND, FINAL READING AND PASSAGE THIS day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ~uantum Park Townhomes EXH113IT "A" Legal Description: A portion of Tract .'B" of "QUAHTUM PAJ~K AT BOYNTON BEACH, .P.I.D. PLAT N~. 2', according ..to the Plat thereof, as recorded in Plat Book 57, Pages 184 and. 185 of the Public Records of Palm Beach County, Florida, being mom paricularly described as follows.' I~GINNING at lhe. Southeast Comer of Lot 24 of 'QUANTUM PARK AT BOYNTON BEACH, P.LD. PLAT No. 3', as recorddd iff Plat Book 60, Pages 29 through 31. Palm Beach County Records, Florida.; thence S.12'34'13'W.. along the Welst Right-of-Way Line of QUANTUM BOULEVARD. for 133.9t feet; thence 8.77'25'47'E., for 50.00 feet (the next 4 courses being along the centerline of QUANTUM BOULEVARD): 'thence N.12'34'13'E., for 276.91 feet to a point of curvature of a dr=ular curve to thb left; thence Northelty along.the arc of said curve having a radius of.6937~50 feet and a central, angle of 03'28'30', for 420.7'6 feet to a POint of tangenc~, thence H]09'05'43'E.,.for 280.00 feet to a point of curvature of a circular curve to lhe right; thence Hor~herly and NoHheas~rly along the arc of said curV~ having a radius Of 500.00 fe~t. and a central angle of.58'39'14', for 511.85 feel; thence .feet (the next 4 cou~s being along the West Right-of-Way Une of QUANTUM BOULEVARD); ~hence Southwaste~ and Southerly alortg.the ar= of said 'curve, having a radius of ~5~.,,00 feet and a .centre_ ! ang_~_.oX~58_'3il~14,.,~ for 563:04,feat to ;/point. of tangency; ~ s.09 05'43'~:, -for' 280;00 fee~ to a point of Curvature of a circular curve to Ihe .r~ght; thence Southerly along the arc of said curve having a radius'of 6887150 feet and a ca'nd a~gle of 03°28~0'. for 417.73'feet t0. a point of tangency; thence S.12°34'13'W., for 143.00 feet to the POINT of BEGINNING. * S:\CA\Ordinances'~Abanclonments¥~bandon - Quantum Park Townhomes 020904.doc 1 in. = 500.0 feet ~uD ~ LOCATION MAP QUANTUM PARK TOWNHOMES EAST-WEST EXHIBIT DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, a municipal corporation, under the laws of the State of Florida, does hereby abandon portion of a 100 foot road right-of-way located within the Quantum Park P.I.D, and more ~anicularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Florida, have hereunto set their hands and affixed the seal of the City this __ of February, 2004. " CITY OF BOYNTON BEACH, FLORIDA Prainito Kurt Bressner, citY' ~lanager ..... Clerk FLORIDA ) )SS~ 2OUNTY OF PALM BEACH ) BEFORE ME, the undersigned adthority, personally appeared Kurt Bressner and 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 ~uch officers, for the uses and purposes mentioned therein; that they affixed thereto the seal of said corporation; and that said instrument is the act and deed of said ,oration. WITNESS my hand and official seal in the said State and County this __ day of 2004. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\OrdinancesV~bandonments¥~,bandon - Quantum Park Townhomes 020904.doc EXHIBIT "A" Legal Description: A portion Of Tract ,B" of' "QUAHTUM PARK AT BOYNTON BEACH, .P.I.D. PLAT N~. 2", according ..to the Plat thereof, as recorded In Plat Book 57, Pages 184 and. 185 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: E~GINNING at the. Southeast C6mer of Lot 24 of 'QUANTUM PARK AT BOYNTON BEACH, P.i.D. PI-~T No. 3', as recorddd ih Plat Book 60, Pages 29 thr°ugh 31, palm Beach County Records, Florida.; thence S.12'34'13'W,, along lhe Wegt Right-of-Way Line of QUANTUM BOULEV~, for 133.91 feet; thence S.77'25'47'F_, for 50.00 feet (the next 4 courses being along the centefline of QUANTUM BOULEVARD); 'thence N.12'34'13'F_.., for 276.91 feet to a point of cuntature of a circular curve to I!~ left; thence Norlhefly along.the am ~ s~_~.id, cuwe ..having.. a .radius of.~ to a point of tangenc~, thence N:09'05'43'E.,.for 250.00 feet to a point of ctmralure of a circular curve to the right; thence NOrlhedy and Nm0maslmty along the arc of said curv~ having a radius Of 500.00 fe~t. and a central angle of .58'39'14', for 511.85 feet; thence feet (the next 4 cou/v, es being along the West Right-of-Way 'line of QUANTUM BOULEVARD); ihenc~ Souflmmstefly and Southerly along.the arc of said 'curve, having a SoutherlY along the am of said cuwe having a radius'of 6887:50 feet and a central ~ of 03°28~o0', for 417.73'feat t0. a point of tangency; the~:e $.12'34'13'W., for 143.00 ~ to the POINT of BEGINNING. S:~CA'~)rdtnancesL4bandonmentsLabandon - Quantum Park Townhomes 020904.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-012 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf~-~['''''' Planning and Zoning Director FROM: Maxime Ducoste-Am6d~e ~, Planner DATE: January 15, 2003 SUBJECT: QUANTUM PARK TOWNHOMES East & West Abandonment of a portion of a road right-of-way. (ABAN 03-013) NATURE OF REQUEST The agent for Quantum Park Townhomes East and West, Paul Romanowski of D.R. Horton, Inc., is requesting to abandon a portion of a 100-foot wide road right-of-way located within the Quantum Park P.I.D.. This abandonment request of the right-of-way was submitted on November 7, 2003. It is described as follows: A portion of Tract 'B" of "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT No. 2", according to the Plat thereof, as recorded in Plat Book 57, Pages 184 and 185 of the Public Records of Palm Beach -County, Flodda, being more particularly described as follows: BEGINNING at the Southeast Comer of Lot 24 of 'QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT No. 3", as recorded in Plat Book 60, Pages 29 through 31, Palm Beach County Records, Florida.; thence S.12°34'13"VV., along the West Right-of-Way Line of QUANTUM BOULEVARD, for 133.91 feet; thence S.77°25'47'E., for 50.00 feet (the next 4 courses being along the centerline of QUANTUM BOULEVARD); thence N.12°34'13"E., for 276.91 feet to a point of curvature of a circular curve to the left; thence Northerly along the arc of said curve having a radius of 6937.50 feet and a central angle of 03°28'30", for 420.76 feet to a point of tangency; thence N.09°05'43'E., for 280.00 feet to a point of curvature of a circular curve to the right; thence Northerly and Northeasterly along the arc of said curve having a radius of 500.00 feet and a central angle of 58°39'14", for 511.85 feet; thence N.22°t 5'03"W., radial from the center of the next described circular curve to the left, for 50.00 feet (the next 4 courses being along the West Right-of-Way Line of QUANTUM BOULEVARD); thence Southwesterly and Southerly along the arc of said curve, having a radius of 550.00 feet and a central angle of 58°39'14", for 563.04 feet to a point of tangency; thence S.09°05'43"W., for 280.00 feet to a point of curvature of a circular curve to the right; thence Southerly along the arc of said curve having a radius of 6887.50 feet and a central angle of 03°28'30", for 417.73 feet to a POint of tangency; thence S. 12°34'13"W., for 143.00 feet to the POINT of BEGINNING. (Bearings shown hereon are based upon the centerline of Quantum Blvd., as shown on the Plat of'QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT No. 2", according to the Plat thereof, as recorded in Plat Book 57, Pages 184 and 185 of the Public Records of Palm Beach County, Florida, having a bearing of N.12°34'13"E). The location map attached as Exhibit "A" shows the general vicinity of the portion of the road right-of-way to be abandoned. The attached Exhibit 'B"- shows the location of the proposed abandonment and its legal description. Page 2 Memorandum No. PZ 04-012 ABAN 03-013 The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Quantum Park Tract 92 currently vacant and designated for a city park; South - Quantum Park Tract 22, Masonic Lodge, designated Office (O) and Tract 6, Stanton Magnetics, designated industrial (I); East - Quantum Park Water Management Tract and designated Wetland area; and West - The Lake Worth Drainage District (LWDD) E-4 Canal and farther west, Dos Lagos residential development zoned PUD. BACKGROUND On May 7, 2002, the City approved the site plan for the Quantum Park Townhomes East and West. The developer proposed to construct 271 fee simple townhome units on 23.27 developable acres. The units will be built on either side of Quantum Boulevard in the northwest comer of the Quantum Park PID. The original Quantum Park lots 23-31 (west) will contain 169 units and lots 7-11 (east) will contain 102 units. The Plat of Quantum Park at Boynton Beach provides that Quantum Boulevard (Tract B) is dedicated to various utilities. The roadway known as Quantum Boulevard (Tract "B") was created as a 100-foot right-of-way via the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, approved by the City on June 16, 1987, and recorded in P.B.-59, Pages 184-~185, Public Records of Palm Beach County on September 10, 1989. '). R. Horton, Inc., re-platted the area via the plat now known as QUANTUM PARK TOWNHOMES, approved by the City on April 14, 2003, and recorded in P.B. 98, Pages 126-130, Public Records of Palm Beach County on April 15, 2003. That portion of Tract "B" passing through this plat was reduced from a 100-foot right-of-way to a 50-foot right-of-way as part of this re-plating process, reviewed, accepted and approved by the City Commission. Although the applicant concurs that the 100-foot right-of-way was reduced to a 50-foot right-of-way through the re-platting process of April 2003, the applicant acknowledges that the abandonment process is necessary to properly/completely abandon the public right-of-way through the public hearing process/protocol. Once this right- of-way is vacated, it will coincide with the plat for Quantum Park Townhomes. 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 Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Pag~ 3 Memorandum No. PZ 04-012 ABAN 03-013 Cable Company (Comcast) - N/A Quantum Communications - No response RECOMMENDATION This request for abandonment has been found consistent with the reconflguration of the Quantum Boulevard as re-platted for Quantum Park Townhomes, and it has been confirmed that this portion of road right-of-way no longer provides a public service. Therefore, Staff recommends that this request to abandon a portion of the 100- foot wide road right-of-way for Quantum Boulevard as described above, be approved, subject to the comments included in Exhibit"C" - Conditions of Approval. Any conditions required by the Planning and Development Board and the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File $.'~:~annlng~SHARED~WP~ROJEC'I"S~uanIum Townhomes East & W~3-O13~Slalf Report.doc I in. = 500.0 feet ,:U~D C3 LOCATION MAP QUANTUM PARK TOWNHOMES EAST-WEST EXHIBIT"A" XH I.T" SKF:TCH AND LI=GAL DI=$CRIPTiON QUANTUM BOULEVARD - Tract 'B" - ~ RELEASE AREA Legal Description: A portion of Tract "B" of "QUANllJM PARK AT BOYNTON BEACH, .P.I.D. PLAT N~. 2" according .to the Plat thereof, as recorded in Plat Book 57, Pages 164 and 185 of Ihe Public Records of Palm Beach County, Florida, being mom parflculariy described as follows: BEGINNING at the. Southeast Comer of Lot 24 of "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PL~T No. 3', as recorded in Plat Book 60, Pages 29 through 31. Palm Beach County Records, Florida.; thence S.12o34,13.W., along the West Right-of-Way Line of QUANTUM BOULEVARD, for 133.91 feet; thence 8.77o25,47-E., for 50.00 feet (the next 4 courses being along the conteriine of QUANTUM BOULEVARD): thence N.12°34,13,E., for 276.91 feet to a point of curvature of a circular curve to th§ lair; thence Northerly along.the arc of said curve having a radius of 6937.50 feet and a central angle of 03°28'30-. for 420.76 to a point of tangency; thence N[09°05,43.E.,. for 280.00 feet to a point of curvature of a circular curve to the right; thence Northerty and Northeasterly along the arc of said curve. having a radius of 500.00 feet and a central angle of 58°39'14-. for 511.85 feet; thence N-22°15'03'W., radial from the center of-tbe next describ~ circular curve to the left, for 50.00 feet (the next 4 cou~sas being along the West Right-of-Way Une of QUANTUM BOULEVARD); ~gence Souftwvesb~rly and Southerly along.the am of said cuwe, having a radius of 550.00 feet and a central angle of 58'39'14", for 563.04,feet to a point of tangency; thence S.09o05,43-W., for 280.00 feet to a point of curvature of a circular cuwe to the rtgh~ thence Southerly along the arc of said curve having a radius of 6887.50 feet and a ceeb a~lle of 03°28'30°, for 417.73 'feet to a point of tangency; theRce S.12'34'13'W., for 143.0~ feet to the POINT of BEGINNING. (Bearings 8ho~ Itemon am based uponlhe cen~dineof CN~;mtumBIvd., as e~lo~n on the Plat of -QUANTUM pARK .AT BOYNTON BEACH, P.I.D. PLAT No. 2', according to the Plat Ihemof, as recorded in Plat Book 57, Pages 184 and 185 of lhe Public Records of Palm Beach Courtly, Florida,. having a bearing of N.12'34'13'E.). EXHIBIT "C" Conditions of Approval Project name: Quantum ~ark Townhomes East and West File number: ABAN 03-013 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Conmaents: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~:~Iannlng~SHAREI:RWF%°ROJECTS~uanlum Tovmhomes East & WesI~BAN03.,013~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Townhomes East and West Abandonment APPLICANT'S AGENT: Paul Romanowski - D.R. Horton, Inc. APPLICANT'S ADDRESS: 1192 East Newport Court Drive Deerfield Beach, FL 33442 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2004 and March 16, 2004 (March 2, 2004 was canceled) TYPE OF RELIEF SOUGHT: Request Abandonment of a portion of a road right-of-way. LOCATION OF PROPERTY: Quantum Park Townhomes, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit ~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?,P~annlng~SHARED~WP~PROJECTS~Quantum Townhomes East & West~ABAN03-01~DO.doc XII. - LEGAL CITY OF BOYNTON BEAI ITEM 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.) [] Februaw 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 (Noo'~' [] 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: Amend Chapter 9 "Fire Protection and Prevention" to address requirements for high-rise buildings. EXPLANATION: Safety features including a firefighter's air system, fire equipment storage rooms, master keys, rappelling anchors, fire department connection and control valves, communication systems, and compliant elevators will be provided. PROGRAM IMPACT: This will provide an extra level of safety for firefighters and will enhance the fire rescue departments' ability to render aid in an emergency. FISCAL IMPACT: All cost will be borne by the builder. ALTERNATIVES: Allow high-rise buildings to be built without consideration for contemporary high-rise fire and life safety features. · - Dep~e~t Head s Signature City Manager's Signature Department Name ~r ' City Xt/orn~/~'~n~'~[nce / Human Resources S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. -~04- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION AND PREVENTION," ARTICLE II, CREATING A NEW SUBSECTION 9-24, " REQUIREMENTS FOR HIGH-RISE BUILDINGS AND BUILDINGS WITH SIX OR MORE STORIES"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined that it is necessary to amend Chapter 9 of the City's Code of Ordinances to address requirements for high-rise buildings and buildings with six or more stories; and WHEREAS, the City Commission has determined that it is in the best interests of the residents and citizens of the City of Boynton Beach to amend Chapter 9 of the Code of Ordinances to specifically address requirements for high-rise buildings and buildings with six or more stories. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confn-med as being tree and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. That Chapter 9, Fire Protection and Prevention, Article H, is hereby amended by creating Subsection 9-24 is as follows: Sec. 9-24 REQUIREMENTS FOR HIGH-RISE BUII.DINGS AND BUILDINGS WITH SIX OR MORE STORIES Enforcement of Application CSDocuments and Settings~binghamw. ClTY~Local Settings\Temporary lnternet Files~OLK6~ligh Rise Requirements - Chapter 9 Amendment.doc Page 1 The high-rise regulations set forth in this section shall be enforced by the Fire Marshal These regulations shall apply to all buildings, which have floors used for human occupancy located 75 feet or more above grade, and all buildings of six or more stories used for human occupancy. Certificate of Compliance A. No Certificate of Occupancy shall be issued for a high-rise building or a building of six or more stories, unless a Certificate of Compliance, as described herein, is first issued by the Fire Marshal. B. The following life safety features shall be provided in accordance with approved plan,: and specifications and shall be tested, certified and proved to be in proper working condition to the satisfaction of the Fire Marshal before issuance of the Certificate o [' Compliance. 1. Firefighters Air System ..A system capable of supl~lvin~ breathing air to multiple levels of the structtm: for the purpose of filling breathing air bottles shall be provided. It shall bc designed to meet fire department needs as described in the Fire Depa~hnent Design Guide; be tested armua!ly and maintained at the expense of the owner. It shall be for fire department use only. 2. Equipment Storage Rooms E(tuipment rooms or areas as described in the Fire Department Design Guide, for the purpose of storing ecluit)ment for fire department use shall be provided C:kDocuments and Settings~binghamw. C~al Settings\Temporary Intemet Files~OLK6kHigh Rise Requirements - Chapter 9 Amendment. dec Page 2 3. Stairwell doors Stairwell doors shall remain unlocked to allow entry to each floor above the first floor from the stairwell. 4. Administrative Controls Administrative controls shall be provided as deemed appropriate by the Fire Marshal. This typically includes evacuation/identification maps, door labels, impairment controls, etc. 5. Master Keys Multiple master keys fitting all common area doors shall be provided 6. Rappelling Anchors Anchor devices meeting fire department requirements as described in the Fire Department Design Guide shall be placed on the roof and used by the fire, department for rappelling purposes. 7. Suppression Connections and Control Valves The location of fire department connections and fire suppression control valves shall be approved by the Fire Marshal. 8. Communications The systems and devices used to provide voice information to building occupants and among emergency personnel shall be approved by the Fire Marshal. 9. Elevators C:~Documents and Settings~binghamw. CITYXLocal Settings\Temporary Internet Files\OLK6~ligh Rise Requirements - Chapter 9 Amendment. doc Page 3 Elevators shall be of adequate size and confi.~n'ation to accommodate the needs of the fire department as described in the Fire Department Design Guide 10. Smoke Controls Stairways and areas important to life safety shall be provided with adequate smoke control features as determined by the Fire Marshal. Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ,2004. SECOND, FINAL READING AND PASSAGE this day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner C:V)ocuments and Settings~binghamw. C~al Settings\Temporary Intemet Files~OLK6XHigh Rise Requirements - Chapter 9 Amendment.doc Page 4 (CORPORATE SEAL) C:X~ocumants and Settings~binghamw. C~al Settings\Ten-q:orary Intemet Files~OLK6~tligh Rise Requirements - Chapter 9 Amendment.doc Page 5 FIRE DEPARTMENT DESIGN GUIDE 2004 PURPOSE The Fire Department Design Guide was developed to provide information for design professionals regarding methods to comply with city ordinances pertaining to fire and life safety design issues. Alternative designs may be acceptable at the discretion of the Fire Marshal. TABLE OF CONTENTS Bulk Storage of Flammable Liquids In Outside Aboveground Tanks .................. 3 Duct Detector Annunciation ................................................................. 3 Elevators ........................................................................................ 3 Equipment Storage Rooms ................................................................... 3 Extension Cords, Control Panels, and Appliances ......................................... 5 Firefighters Air System ....................................................................... 7 Fire Hydrants and Fire Department Connections ......................................... 16. Fire Lanes On Private Property; Blocked Roadways ....................................16 Key Boxes/Entry Systems ................................................................... 17 Penetration of Firewalls and Fire Breaks ................................................... 18 Repelling Anchors ............................................................................. 18 Security Gates and Emergency Access ..................................................... 18 Smoke Controls ....................................................... ......................... ! 9 Sprinkler Systems .............................................................................. 19 Tent Requirements For Assembly Use ...................................................... 19 Bulk Storage of Flammable Liquids In Outside Aboveground Tanks The limits in which bulk storage of inflammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: Bounded on the east by the Florida Inland Navigation District Canal; on the north by the Boynton Canal; on the west by Seaboard Air Line Railroad; and on the south by Woolbright Road (SW 15 Avenue). Such bulk storage is also prohibited within two hundred fifty (250) feet of U.S. Highway No. 1, and within fire hundred (500) feet of any church, school, theater, or other public gathering place, or similar type bulk storage tank installation located on any noncontiguous parcel. Any building permit issued for the construction of bulk storage tanks contemplated hereinabove, shall be subject to the imposition of any reasonable safety requirements deemed necessary by the city commission dictated by the physical location of the proposed site of such tanks. (Ord. No. 98-4.5, § 2, 12-1-98) Duct Detector Annunciation Where an approved fire alarm system is installed in a building, HVAC duct detectors shall be connected to the fire alarm system. Smoke detectors used solely for closing dampers or for heating, ventilating, and air-conditioning system shutdown shall not activate the building fire alarm. They are to be identified as "Supervisory" only. Elevators CONTROL OF AUTOMATIC ELEVATORS (a) In all buildings three stories or more in height, hereafter erected, which are equipped with automatic elevators, at least one designated elevator servicing all floors of the structure shall be arranged for emergency use (firefighter's service) by Fire Department personnel. The control of automatic elevators shall meet the requirements as set forth under the state elevator code and ASME/ANSI, A17.1. (b) Existing elevators shall conform to the requirements ofASME/ANSI A 17.3. (c) Elevators shall be inspected and tested as specified in ASME/ANSI A 17.3. (Ord. No. 98-4.5, § 2, 12-1-98) 3 Equipment Storage Rooms In High-Rise Buildings Fire Department equipment storage rooms shall be provided to store the required fire fighting equipment and shall comply with the following: A. Each equipment storage room shall have a minimum of forty-eight (48) square feet of floor space, with no dimension less than six (6) feet. Ceiling height shall be at least seven (7) feet, six (6) inches. Size may be reduced when approved by the Fire Department. B. Rooms shall be of two (2) hour fire-resistive construction with no opening rated less than 1 ½ hours. C. Rooms shall be locked with access by the Fire Department only. Keys shall be provided in a Fire Department key box. D, The door to the equipment storage room shall have a permanent sign stating, "FIRE DEPARTMENT USE ONLY" E. Stairway doors shall be identified to indicate the location of equipment storage rooms in the following manner: 1. The stairway, which is adjacent to equipment storage rooms, shall have an exterior sign on the first floor level, or Fire Department entrance level, identifying the floors where rooms are located adjacent to that stairway. These stairways shall have roof access. 2. At each floor level where equipment storage rooms are located, signs shall be placed on the stairway side to identify that floor as an equipment storage room location. F. Shelves, cabinets and racks shall be installed as specified by the Fire Department G. The door to the equipment storage room shall be a minimum three (3) feet by six (6) feet, eight (8) inches in size. H. Location and Access 1. The equipment storage rooms shall be located adjacent to an enclosed exit stairway, which provides access to the roof. Placement of the equipment storage rooms shall begin five (5) floors above the ground level and then placed at every fifth in an ascending order. 4 2. When travel distance between exit stairways exceeds 200 feet, both stairways shall have equipment storage rooms adjacent to them. Such locations shall be on an approved alternate floor schedule. 3. Access to the equipment storage rooms shall be within 10 feet of the exit stairway. The door to each equipment storage room shall be visible from the entrance to the exit stairway, and shall be properly identified. The room shall be readily accessible at all times for Fire Department use. 3. The fire equipment storage room may be placed within the service elevator lobby, provided travel distance to the nearest stairway is no greater than 30 feet. 4. Location of rooms shall be approved by the Fire Department. I. Each Fire Department equipment storage room shall contain the following: 1. Three (3) fifty-foot lengths of double-jacketed rubber-lined 2-1/2" hose 2. Three (3) fifty-foot lengths of double-jacketed rubber-lined 1-3/4" hose 3. Six (6) lightweight Scott air bottles, 4.5 cubic feet in size 4. One each 2-1/2" x 1-1/2" reducer fitting 5. One each 2-1/2" x 1-1/2" x 1-1/2" grated Y fitting 6. Two devices to plug sprinkler heads of each type installed 7. Six each door wedges 8. One fire phone handset per room with outlet 9. Ten foot attic ladder. 10. Haligan Tool 11. Axe 12. Pike Pole 5 J. All equipment shall be approved by and meet specifications provided by the Fire Department. All equipment shall be purchased by the building owner / agent. K. After initial approvals and certifications, all equipment shall be tested and maintained by the Fire Department. All equipment storage rooms shall require an annual Fire Department Inspection. Extension Cords, Control Panels, and Appliances (a) Temporary use. Extension cords shall not be used as a substitute for permanent wiring. (b) Conditions of use. Extension cords are permitted only with portable appliances or fixtures. While in immediate use: (1) Each extension cord shall be plugged directly into an approved receptacle and shall, except for approved multiplying extension cords, serve only one appliance or fixture. (2) The current capacity of the cord shall not be less than the rated capacity of the appliance or fixture. (3) The extension cord shall be maintained in good condition without splices, deterioration or damage. (4) The extension cord shall be of the grounded type when servicing grounded appliances or fixtures. (c) Limitations. Extension cords and flexible cords shall not be affixed to structures, extend through walls, ceilings, floors, under doors or floor coverings, nor be subject to environmental damaging physical impact. (d) Multi-plug adapters. The use of multi-plug adapters such as multi-plug extension cords, cube adapters, strip plugs or any other device that does not comply with this code or the Electrical Code is prohibited. (e) Access to controlpanels. A minimum 30-inch clearance shall be provided in front of electrical control panels for access. (f) Non-approved appliances. Electrical appliances or fixtures shall not be sold, offered for sale or rent, disposed of by gift or premium, nor made available for use or used unless they are of an approved type. (g) Exception. Low voltage wiring, such as communications and signal wiring. (h) Temporary wiring. (1) Temporary wiring for electrical power and lighting installations shall be permitted during the period of construction, remodeling, repair or demolition of buildings, structures, equipment, or similar activities, subject to proper permitting and inspection. (2) Temporary wiring for electrical power and lighting installation shall be permitted for a period not to exceed 90 days for Christmas decorative lighting, carnivals, and similar purposes and for experimental development work. (3) When temporary wiring is attached to a structure, it shall be attached in an approved manner. (i) Electrical motors. All electrical motors shall be maintained in a manner flee from the accumulations of oil, waste, and other debris, which will interfere with required motor ventilation or create a fire hazard. (Ord. No. 98-4.5, § 2, 12-1-98; Ord. No. 02-008, § 1, 2-19-02) Firefighters Air System In High-Rise Buildings The Firefighters Air System is a complete, self contained breathing air replenishment system, permanently installed within a structure, consisting of exterior fire department connection panels, interior air fill stations, interconnected piping distribution system and an air storage system. Final locations shall be approved by the Fire Department. Purpose. The Firefighters Air System allows firefighters and other first responders to replenish empty breathing air cylinders within close proximity of the incident, reducing the amount of travel distance, time and personnel needed for logistical support, thus maximizing firefighter safety and effectiveness. Scope. The design, installation, testing and certification of Firefighters Air System shall be in accordance with this section. Safety. The Firefighters Air System is a life safety system. The system shall provide a safe and reliable source of clean breathable air to firefighters and other first responders performing fire suppression, evacuation, search and rescue and other types of emergency response tasks at incidents requiting the use of self contained breathing apparatus. Nothing within this specification shall be reduced in quality in any manner, including but not limited to system design criteria, system performance criteria, components, materials, installation procedures, testing procedures, commissioning requirements and certification. Quality Assurance. Plans, specifications, equipment and product data sheets and system 7 calculations for the Firefighters Air System shall be reviewed and stamped by a licensed mechanical engineer knowledgeable in high pressure breathing air replenishment systems, who can demonstrate previous experience with such systems. Contractor Qualifications. The Firefighters Air System shall be installed by a licensed High Pressure Breathing Air Contractor. The installation contractor shall have a state, county, or municipal Occupational License. Performance and Design Criteria. The Firefighters Air System shall allow firefighters to replenish a minimum of two (2) 4.5 cubic foot breathing air cylinders at 4,500 PSI simultaneously within three (3) minutes or less and shall provide for the refilling of breathing air cylinders within a certified fill containment enclosure. All components of the system shall be rated to operate at a minimum working pressure of 5,000 PSIG at 70 F with a 4:1 safety factor The air storage system shall be capable of replenishing a minimum of fifty (50) breathing air cylinders of 4.5 cubic feet at 4,500 PSI simultaneously within three (3) minutes or less without fire department supplementation. The interconnected piping distribution system shall have a minimum calculated design flow using two (2) interior fill stations, total of four (4) - 4.5 cubic foot 4,500 PS! breathing air cylinders operating simultaneously at the furthest point from the fire department access. When air supplementation becomes available by the fire department mobile air unit, the exterior fire department connection panel will allow the MAU operator to connect and begin augmentation of the system, providing for a constant source of breathing air replenishment to all interior fill stations. The interconnected piping distribution system shall be designed so that the exterior fire department connection panels may be isolated from the air storage system and routed directly to the interior air fill stations via the systems main distribution line. This shall be accomplished through the means of check valves and selector valves readily accessible by fire department personnel, thus allowing breathing air to be supplied directly from the fire department MAU to the interior fill stations. Permits. A permit is required to install and repair a Firefighters Air System, in accordance with the Building Department's permitting procedures. Fees. No fees shall be charged by the Fire Department for the permit. The Building Department's fee schedule does apply. Plans. Prior to the installation of a Firefighters Air System, two sets of plans and specifications shall be submitted to the Building Department for review and approval. Plans and calculations shall demonstrate compliance with the requirements of this section 8 and shall be stamped by a Registered Design Professional demonstrating that the design criteria for all pressure containing components is satisfied with a minimum working pressure of 5,000 PSIG at 70 F with a safety factor of4:l. The plans submittal shall also include manufacturer mill report for the tubing, fittings, valves, pressure regulators, pressure relief devices, pressure gauges, cylinder filling hoses and all other components that may be required for a complete Firefighters Air System installation. The AHJ is authorized to require additional information that is necessary for ensuring the proposed design meets the requirements of this section. The installation of the Firefighters Air System shall not commence until complete plans, specifications and calculations have been submitted, approved and permit issued by the Building Department. Codes and Standards The Firefighters Air System shall conform to all current national standards and this specification. Construction requirements shall follow the current editions of the FBC. Where applicable all components of the Firefighters Air System shall meet the minimum requirements of the NFPA, OSHA, ASTM, ASME, ANSI and Florida Building, Fire, Plumbing and Mechanical codes. System Components. All pressurize breathing air components of the Firefighters Air System shall be listed and, or approved by a nationally recognized testing laboratory or agency. The system shall contain as a minimum, the following components. a. Exterior Fire Department Connection Panel b. Interior Fire Department Air Fill Station c. Air Storage System d. Interconnected Piping Distribution System e. Pressure Monitoring Switch £ Moisture - CO Monitor Protection. All components of the Firefighters Air System shall be protected by a minimum two (2) hour fire resistive construction and be protected from physical damage. Materials of Construction. All breathing air components used in the construction of the Firefighters Air System shall be listed and, or approved by a nationally recognized testing laboratory or agency. All pressurized components shall be compatible for use with high pressure breathing air equipment and self-contained breathing air apparatus. All pressurized breathing air components shall be rated for a minimum working pressure of 5,000 PSI with a minimum safety ratio factor of 4:1 Markings. All components of the Firefighters Air System shall be clearly identified by means of stainless steel or plastic labels or tags indicating their function. This shall 9 include as a minimum all fire department connection panels, air fill stations, air storage system, piping, gauges, valves, air connections, air outlets, enclosures, doors. Exterior Fire Department Connection Panel and Enclosure. Location. A minimum of two (2) exterior fire department connection panels shall be attached to the building or on a remote monument at the exterior of the building and be interconnected to the interior air fill stations and air storage system. The panels shall be secured inside of a weather resistant enclosure. The panels shall be within 50 feet of an approved roadway or driveway, or other location approved by the Fire Department. The enclosures shall be visible and accessible on approach to the building and shall be maintained with a minimum of six (6) feet - 180-degree clear unobstructed access to the front of the panels. The exterior fire department connection panel shall provide the fire departments mobile air operator access to the system and shall be compatible with the fire departments mobile air unit. Non-Metallic Materials. When the enclosures are constructed of non-metallic materials, the enclosures shall be resistant to ultraviolet and infrared solar radiation. Vehicle Protection. When the panels are located in an area subject to vehicle traffic, impact protection shall be provided. Enclosure Marking. The front of the enclosures shall be marked FIREFIGHTERS AIR SYSTEM on a securely attached stainless steel, plastic engraved or painted plate. The lettering shall be in a color that contrasts with the enclosure front and in letters that are a minimum of 2 inches high with 3/8-inch brush stroke. The marking of the enclosures shall be immediately visible and accessible to emergency response personnel. Enclosure Components. The exterior fire department connection panel shall contain all of the necessary gauges, isolation valves, pressure relief valves, pressure regulating valves, check valves, tubing, fittings, supports, connectors, adapters and other necessary components as may be required to allow the fire departments mobile air trait to connect and augment the system with a constant source of breathing air. Interior Air Filling Station. Location. An air filling station shall be located within ten (10) feet and adjacent to an enclosed exit stairway which provides access to the roof or other areas of ingress or egress at a minimum of every three (3) floors, commencing on the third (3Ta) floor above the lowest level of fire department access and every third (3rd) floor thereafter and continue in an ascending order until the uppermost filling station is within three (3) floors of the roof; the specific location on the floors shall be approved by the fire department; and within ten (10) feet and adjacent to an enclosed exit stairway or other areas of ingress or egress approved by the fire department, commencing on the third (3ra) floor below 10 ground level and every three (3) floors below grade thereafter and continue in a descending order until the lowermost filling station is within three (3) floors of lowest level; or, if there are less than three (3) floors below ground level, the lowest floor. The specific location on the floors shall be approved by the fire department. Additional air filling stations are required when travel distance between exit stairways exceeds two hundred (200) feet; both stairways shall have air filling stations adjacent to them, such locations shall be approved by the fire department. The specific location on the floors shall be approved by the fire department. Enclosure Requirements. Each air fill station shall be installed within a lockable enclosure, closet or room by a means approved by the fire department. Each enclosure, closet or room shall be within ten (10) feet of the exit stairway. The door to each enclosure shall be readily visible from the entrance to the exit stairway and readily accessible at all times by firefighters and other emergency responders and shall be maintained with a minimum of six (6) feet - 180 degree clear unobstructed access to the front of the air filling station. The enclosure shall have emergency lighting and 110 AC outlet also powered off the building emergency generator. Security. To prevent unauthorized access to or tampering with the system, each air fill station enclosure shall be maintained locked by a means approvedby the fire department. Enclosure Marking. Each enclosure, closet or room shall be marked FIREFIGHTERS AIR SYSTEM on a securely fastened stainless steel, plastic engraved or painted plate. The lettering shall be in a color that contrasts with the cabinet front and in letters that are a minimum of 2-inches high with 3/8-inch brush stroke. The marking of the cabinet shall be immediately visible and accessible to emergency response personnel. Air Filling Station Marking. The front of each air fill station shall be marked FIREFIGHTER AIR SYSTEM on a securely fastened stainless steel, plastic engraved or painted plate. The lettering shall be in a color that contrasts with the cabinet front and in letters that are a minimum of 2-inches high with 3/8-inch brush stroke. The marking of the cabinet shall be immediately visible and accessible to emergency response personnel. Air Filling Station Components. The air filling station shall contain all of the necessary gauges, isolation valves, pressure relief valves, pressure regulating valves, check valves, tubing, fittings, supports, connectors, adapters and other necessary components as may be required to allow firefighters to safely and reliably replenish multiple breathing air cylinders within a certified fill containment enclosure. Air Storage System. Location. An air storage system shall be located in buildings ten (10) floors or more above the lowest level of fire department access at a location approved by the fire department. 11 Purpose. The air storage system along with interior air fill stations shall provide firefighters the ability to safely and reliably replenish empty breathing air cylinders prior to the fire departments mobile air unit arriving on scene. Performance. The air storage system shall be capable of replenishing a minimum of fifty (50) breathing air cylinders of 4.5 cubic feet at 4,500 PSI simultaneously within three (3) minutes or less without fire department supplementation. The use of equipment requiring gasoline, diesel driven or standard building powered components is not acceptable. Enclosure Requirements. The air storage system shall be contained within a minimum two (2) hour fire rated enclosure, closet or room sufficiently sized to accommodate all air storage system components. The access door to the enclosure shall be of sufficient size to allow for the maintenance and or removal of the air storage system. The enclosure shall be conditioned so that the temperature is no less than 40 F or more than 80 F degrees and shall have an engineered pressure relief vent for over pressurization in the event of component failure. The enclosure shall have emergency lighting and 110 AC outlet also powered off the building emergency generator. Security. To prevent unauthorized access to or tampering with the air storage system, the enclosure shall be maintained locked by a means approved by the fire department. Enclosure Marking. The air storage enclosure, closet or room shall be marked FIREFIGHTERS AIR SYSTEM on a securely fastened stainless steel, plastic engraved or painted plate. The lettering shall be in a color that contrasts with the cabinet front and in letters that are a minimum of 2-inches high with 3/8-inch brush stroke. The marking of the enclosure shall be immediately visible and accessible to emergency response personnel. Air Storage System Marking. The air storage system shall be marked FIREFIGHTER AIR SYSTEM on securely fastened stainless steel, plastic engraved or painted plates. The lettering shall be in a color that contrasts with the systems components and in letters that are a minimum of 2-inches high with 3/8-inch brush stroke. Piping Distribution Materials and Methods. Prohibition. The use of carbon steel, iron pipe, malleable iron, high strength gray iron, alloy steel, copper or plastic for pressurized breathing air components is prohibited. Materials of Construction. All components of the piping distribution system shall be protected by a minimum two (2) hour fire resistive construction and be protected from physical damage. All pressurized materials used in the construction of the piping distribution system shall be compatible for use with high pressure breathing air equipment and self-contained breathing apparatus. All pressurized breathing air components shall be rated for a minimum working pressure of 5,000 PSI with a minimum 12 safety ratio factor of 4:1. The internal surfaces of all pressurized material shall be free of contamination and meet the standards ofNFPA 1500-200 Grade D breathing air. Tubing. Tubing shall be constructed of stainless steel materials that are compatible with high pressure breathing air. The use of nonmetallic materials shall be compatible with high pressure breathing air. When stainless steel tubing is used, it shall meet ASTM A- 269, Grade 316 or an equal standard. Stainless steel tubing shall be a minimum .375 outside diameter x .065 wall 316 fully annealed seamless. Stainless steel tubing shall be at least Grade 316 and meet the requirements of ASTM A-479 or equal. Routing of tubing and bends shall be such as to protect the tubing from mechanical damage. Securement. Tubing shall be supported at minimum of five (5) feet intervals. Individual tubing clamps and mounting components shall be mechanically secured to the building support-members in accordance with manufacturers specifications and the Mechanical Code adopted by the jurisdiction. Marking. All tubing shall be clearly marked FIREFIGHTERS AIR SYSTEM and HIGH PRESSURE BREATHING AIR using double sided engraved 3" x 1" stainless steel or plastic markers placed at minimum 10' intervals and at each floor level whether concealed or in plain view. Fittings. Fittings shall be constructed of stainless steel materials that are compatible with high pressure breathing air. The use of nonmetallic materials shall be compatible with high pressure breathing air. Stainless steel fittings shall be at least Grade 316 and meet the requirements of ASTM A-479 or an equal standard and rated to the maximum working pressure of the tubing used. System Assembly Requirements. The piping distribution system shall be a welded system, except where the tubing joints are readily accessible and at the point of connection to the individual air filling stations. Welding procedures shall follow nationally recognized standards. Prior to and during the welding of sections of tubing, a continuous, regulated dry nitrogen purge at 3 psi shall be maintained to eliminate contamination with products of the oxidation or welding flux. The purge shall commence a minimum of 2 minutes prior to welding operations and continue until the welded joint is at ambient temperature (72° F). When mechanical high-pressure tube fittings are used, they shall be listed for the type of materials to be joined and rated for the maximum pressure of the system, when mechanical tube fittings are used, prior approval by the authority having jurisdiction must be obtained. All concealed mechanical fittings for tubing and valves shall be made accessible by means of fire rated, self-closing, access door with fire department approved locking system. When tubing passes through a fire rated or solid material, it shall be protected by a sleeve at least three (3) times the tube diameter. Both ends of the sleeve shall be filled with and approved fire stop material. Prevention of Contamination. The installing contractor shall ensure that, at all times, the system components are not exposed to contaminants, including but not limited to, oils, solvents, dirt, and construction materials, when known or suspected contamination 13 of system components has occurred, the affected component shall not be installed in the system. The installation shall also conform to good engineering practice. Pressure monitoring switch. An electric low pressure-monitoring switch shall be installed to monitor the air pressure. The pressure switch shall be connected to the building's fire alarm system or monitor system as a supervisory alarm. The pressure switch shall transmit a supervisory signal when the pressure of the breathing air system is less than 3,000 PSIG at 70 F, +100 PSIG. The building owner or authorized agent shall notify the fire department and testing contractor of any alarm signaling a loss of pressure to the system. Moisture - CO Monitor. An electric moisture and carbon monoxide monitor shall be installed to monitor the systems air quality. This monitor shall be connected to the building's fire alarm system as a supervisory alarm. The monitor shall transmit a supervisory signal when the levels of moisture or carbon monoxide exceed acceptable levels for breathing air standards. The building owner or authorized agent shah notify the fire department and testing contractor of any alarm signaling a rise in moisture or carbon monoxide levels within the system. Final Testing, Inspection and Commissioning. All components of the Firefighters Air System shall be pre-inspected and tested for proper assembly and operation prior to a functional fire department test and inspection. Testing Procedures. Following fabrication, assembly, and installation of the exterior fire department connection panels, interior air filling stations, air storage system and the piping distribution system, the Fire Department shall witness the pneumatic testing of the entire system at 5,000 PSI for a period of twenty four (24) hours using oil free, clean dry air. During this time all fittings, joints and system components shall be inspected for leaks. A solution compatible with the system component materials shall be used on each joint and fitting. Any defects in the system or leaks detected shall be documented on an inspection report, repaired and or replaced. Upon the successful completion of the twenty four (24) hour pressure test, the Fire Department shall witness the pneumatic testing of the entire system at 7,500 PSI for a period of one (1) using oil flee, clean dry air. Any defects in the system or leaks detected shall be documented on an inspection report, repaired and or replaced. Upon the successful completion of the one (1) hour pressure test, the systems low pressure monitoring switch shall be calibrated to not less than 3,000 PSI descending and tested to verify that the signal is annunciated at the building's main fire alarm panel and by means of an audible and visual strobe located in a readily visible location. 14 A minimum of two (2) air samples shall then be taken from separate air filling stations and submitted to an independent certified gas analyst laboratory to verify the system's cleanliness and that the air meets all applicable standards for breathing air systems to include but not limited to NFPA 1500-2000 and the definition of PF grade (D) breathing air. The laboratory shall submit a written report to the testing contractor and the Fire Department documenting the air analysis complies with the above requirements. During the period of air quality analysis, the air filling stations inlets shall be secured so that no air can be introduced into the system and each air filling station shall be provided with a sign stating "AIR QUALITY ANALYSIS IN PROGRESS, DO NOT FILL OR USE ANY AIR FROM THIS SYSTEM." This sign shall be a minimum of 8-1/2 X 11" with minimum of 1" lettering. Each exterior fire department connection panel shall be tested for compatibility with the fire departments mobile air unit. This shall be accomplished by connecting the fire departments mobile air unit to each exterior connection panel. At such time of connection the fire departments mobile air unit will provide a source of air to the system verifying the systems compatibility with the MAU. Each air filling station shall be tested for compatibility with the fire department's self- contained breathing cylinders and apparatus. This shall be accomplished by replenishing empty 4,500 PSI breathing air cylinders at each outlet at each air fill station. The air storage system shall be tested for its ability to meet the Performance Section. This shall be accomplished by the replenishing of a minimum of twenty five (25) 4.5 cubic foot, 4,500 PSI breathing air cylinders at the uppermost air filling stations without augmentation from the fire departments mobile air unit. Upon successful completion of all testing procedures the system shall be filled to normal operating pressure of 5,000 PSI, all control valves shall be placed in their normal operating position, all doors shall be secured and locked. Five (5) sets of keys properly identified shall be provided to the fire department. System Acceptance and Final Commissioning Training. The installing contractor shall provide training for the fire department upon the successful conclusion of all inspections, testing and commissioning procedures. This training shall be accomplished in three (3) separate shifts of not more than three (3) hours per session. The fire department may request additional training when the regular testing and certification contractor performs testing and certification procedures. Training sessions shall be by mutual consent with the building owner or authorized agent. Certification. A registered design professional's stamped certificate documenting the entire Firefighters Air System has been installed, tested and commissioned in accordance with this section and the approved plans shall be submitted to the AJH. 15 Final Acceptance. Prior to the final acceptance of the Firefighters Air System and certificate of occupancy, the building owner or authorized agent shall provide for the regular testing and certification of the Firefighters Air System for the life of the system. Verification of a regular testing and certification shall be provided to the Fire Department in writing. Regular Testing and Certification. As a minimum, this shall include; verifying the system's compatibility with the fire department's mobile air unit and self contained breathing apparatus. This shall include verifying the system's ability to maintain 5,000 PSI working pressure, the operability of the low pressure monitoring switch and the system's ability to comply with the air quality requirements of this section. The building owner, authorized agent or testing contractor shall notify the fire department of any scheduled test of the system. Testing Contractor. The Firefighters Air System testing contractor shall be a licensed High Pressure Breathing Air Contractor. The testing contractor shall have a Business License. Final Commissioning. Upon satisfactory completion of all testing procedures, receipt of engineered stamped certification, verification of a regular testing and maintenance contract and fire department training the system shall be considered complete. The Firefighters Air System shall then be considered-ready for use by firefightexsin an emergency incident. Special Requirements. Any modification or changes to components contained within or to the "systems" described in this section shall be requested through the Building Department's permitting procedures. Fire Hydrants and Fire Department Connections Reflective blue markers shall be placed to indicate the location of a hydrant. Reflective red markers shall be placed to indicate the location of a Fire Department Connection. (Ord. No. 98-4.5, § 2, 12-1-98; Ord. No. 02-008, § 1, 2-19-02) Fire Lanes On Private Property; Blocked Roadways (a) For the purposes of this section: Fire Lane. A space sufficient in width and length to permit the parking of fire trucks, rescue vehicles, and other fire rescue department apparatus and located nearest to, or at the best location to permit firefighting and rescue operations nearest to, a building or structure. (b) Fire lanes shall be established on private property where the public has the right to. travel by motor vehicle, or where the public is permitted by invitation or by license to travel by motor vehicle, to the extent that any such lane is necessary for 16 access to buildings by fire trucks or other firefighting apparatus as determined by the Fire Marshal. Any person owning or in possession and control of any such property, including but not necessarily limited to, any parking lot, shopping plaza, shopping center or other commercial, industrial or multifamily residential area, shall establish such fire lanes through striping, marking and posting of signs. (c) After notification by the Fire Marshal of the necessity to establish one or more fire lanes upon a particular property, the owner or person in possession and control of the property shall submit two sets of site plans of the property to the Fire Marshal for review and approval of the design and location of the fire lanes. The site plans shall be drawn to scale and shall show all related buildings, driveways, streets and other information to evaluate the sufficiency of the fire lanes. (d) Approval by the Fire Marshal of the fire lanes shall constitute authorization for the installation of official signs prohibiting the stopping, standing or parking of motor vehicles within the fire lanes, and posting the lanes as tow away zones. Such signs and necessary pavement marking and striping shall be furnished by and at the cost of the owner or person in possession and control of the property, who shall hereafter be responsible for the maintenance of the signs, marking and striping in a state of good repair. (e) All fire lanes signs installed pursuant to this section shall have red lettering, not less than two inches or more than three inches in height, on a white background. Each sign shall be 12 inches wide by 18 inches in height, and shall not be inconsistent with the Manual on Uniform Traffic Control Devices of the State Department of Transportation. The Fire Marshal shall prescribe a uniform sign design for such signs. (f) It shall be unlawful for any Person to have or cause to have any driveway, roadway or entrance barricaded or blocked by obstacles which would interfere with the response of Fire Department or other emergency vehicles. If an existing building requires the changing of access to the properties, the owners shall provide revised site plans to the Building Division and to the Fire Department for their approval. Any person failing to comply with the above provisions or violating the provisions shall be punished pursuant to the provisions of Sec. 9-I and Sec. 1-6. (Ord. No. 98-4.5, § 2, 12-1-98) Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be finn and unyielding, having a beating value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO T180, in accordance with the FDOT Standard Specifications for Road and BrCdge Construction (2000) Division 11, Section 160,. STABILIZING. A copy of the test results shall be 17 provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use. Key Boxes/Entry Systems In ali new and existing buildings, except individual residential dwelling units of any kind, there shall be installed a key box for such areas or buildings when the Fire Marshal determines that access to or within a structure or an area is unduly difficult because of secured doors and windows, security gates, or where immediate access is necessary for all life-saving or firefighting purposes. The key box shall be a type approved by the Fire Marshal, and shall contain: (a) Keys to locked points of egress, whether in common areas or on the interior or exterior of such buildings; (b) _ Keys to locked mechanical equipment rooms; (c) Keys to iocked electrical rooms; (d) Keys to elevator controls; and (e) Keys to other areas where fire rescue personnel may need emergency access as directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock box. (Ord. No. 98-4.5, § 2, 12-1-98) Penetration of Firewalls and Fire Breaks Any material penetrating a firebreak or firewall shall have the equivalent fire rating of that break or wall which is penetrated. (Ord. No. 98-4.5, § 2, 12-1-98) Repelling Anchors (1) Anchors shall be attached at locations specified by the Fire Department. (2) All anchors and hardware shall be of Type 303, 304, or 316 stainless steel. (3) Anchors attached to concrete poured-in-place shall be installed while the concrete is being placed. Such anchors shall extend not less than 5 inches into the c6ncrete and shall have a cross-sectional area of not less than one-fourth of a square inch 18 and shall be provided with a fluke at the end of the anchor not less than 1 inch in length. (4) Anchors attached to masom-y, other than concrete poured-in-place, shall be installed while the wall is under construction and shall be shaped to build into the joints between masonry units. Such anchors shall be not less than 8 1/2 inches long and shall have a cross-sectional area of not less than one-fourth of a square inch at all unexposed points and shall have a fluke or flukes having holding surface of not less than 1 inch in length that shall be firmly imbedded in the masonry. (5) Anchors attached to hollow metal construction shall be installed by one of the following methods: (A) At least two machine screws or bolts of 3/8-inch diameter stainless steel or equivalent passing through the frame and a steel reinforcing plate 3/8-inch thick that extends not less than 5 inches above the top bolt hole, placed on the inside of the frame and secured by means of nuts and lock washers. In cases where it is impracticable to provide nuts and lock washers, the reinforcing plate may be tapped to receive 3/8-inch diameter bolts, and the bolts shall extend through the plate. (B) Where the threaded bolt is an integral part of the anchor, it shall be at least 1/2-inch in diameter and shall be secured by means of a nut and lock washer, or any other method acceptable to the AHJ. (C) Bolts used to attach anchor fastenings shall be secured by means of nuts tightened to the torque specified by the bolt manufacturer or other equivalent means. (6) Anchors attached to solid metal construction shall be installed by one of the following methods: (A) At least two machine screws or bolts of 3/8-inch diameter stainless steel or equivalent passing through the frame and secured by means of nuts and lock washers. In cases where it is impracticable to provide nuts and lock washers, the metal flame shall be reinforced with a 3/8-inch thick plate, 6 inches long, tapped to receive both attaching bolts which shall extend through the reinforcing plate. (B) Where the threaded bolt is an integral part of the anchor, it shall be at least 1/2-inch in diameter and shall be secured by means of a nut and lock washer, or any other method acceptable to the Fire Department. 19 (C) Bolts used to attach anchor fastenings shall be secured by means of nuts tightened to the torque specified by the bolt manufacturer or other equivalent means. (7) When anchors are attached to hollow or solid aluminum frames, the reinforcing plate shall be coated or protected so as to minimize electrolytic action between unlike metals. (A) All anchors and anchor fastenings shall be provided with means to prevent them from turning, backing off or becoming loose. (B) Bolts used to attach anchor fastenings shall be secured by means of nuts tightened to the torque specified by the bolt manufacturer or other equivalent means. (8) The use of expansion shield anchors is prohibited. (9) Inspection of Anchors and Fittings on buildings shall be conducted at least every 12 months. Security Gates and Emergency Access The minimum requirements shall be as required by the Fire Marshal: (a) All security/entrance gates must have an electronic key number pad or an approved alternative. (b) The keypad will allow entrance by the simple act of pushing four (4) or five (5) buttons. (c) All gates must have a security entry code' approved in advance by the Fire Marshal. (d) Gates may be operable by telephone from our dispatch office. A phone call from our dispatchers will open the gate and a second call will be required to close the gate. (e) In case of power failure, the electronic gate shall open automatically and remain open. (f) An exception will be where a 24-hour security guard is stationed at the gate. (g) A back-up device such as an authorized security box or key switch is required to operate the gate in the event the number pad entry does not work. ~ 20 (h) No other code numbers, operating methods or key systems will be kept on file by the Fire Rescue Department. (i) In the event that our units are unable to gain rapid entry with the above methods, it will required the use of raid forcible entry methods to gain entry. The city and/or the Fire Rescue Department shall not be responsible for, nor incur any costs as a result of, gaining access to a specific area. (j) Information on where authorized key security boxes can be obtained is available fi.om the Fire Rescue, Fire and Life Safety Division. (k) Failure to comply will result in the violation of Section 9-3F of this code. (1) Failure to notify the Fire Marshal of all unauthorized change to the operating system or other violation of this Section shall result in a fine of $100. (Ord. No. 98-4.5, § 2, 12-1-98; Ord. No. 02-008, § 1, 2-19-02) Smoke Controls Stairways and areas important to life safety in buildings of six or more stories shall be provided with adequate smoke control features as determined by the Fire Marshal. An understanding of the expected performance of the system and the acceptance test procedures should be established early in the design. Detailed engineering design information is contained in ASHRAE/SFPE, Design of Smoke Management Systems, and the NFPA publication, Smoke Movement and Control in High-Rise Buildings. The purpose is to accomplish one or more of the following: (1) Inhibit smoke fi.om entering stairwells, means of egress, areas of refuge, elevator shafts, or similar areas. (2) Maintain a tenable environment in areas of refuge and means of egress during the time required for evacuation. (3) Inhibit the migration of smoke from the smoke zone. (4) Provide conditions outside the fire zone that enable emergency response personnel to conduct search and rescue operations and to locate and control the fire. (5) Contribute to the protection of life and to the reduction of property loss. Sprinkler Systems a) Water meters are prohibited on sprinkler supply lines. Tent Requirements For Assembly Use a) A supplemental lighting system in addition to the regular system for emergency lighting is required. 21 b) A certificate of flame retardant fabric is required to be provided to the authority having jurisdiction. c) A confirmatory field inspection is required after the tent is erected and prior to use by the public to confirm flame resistance. d) The storage of flammable liquids or the use of combustible materials, not flame retardant treated, are not permitted inside the tent. There will be no smoking or open flame allowed inside the tent. e) A method to provide for emergency communications shall be provided. f) A ten-pound ABC fire extinguisher will be prominently displayed and persons operating the assembly shall be trained. g) The public will be protected from tripping hazards and all electrical connections shall be enclosed. h) Applicable building permits and inspections shall be required. Permit applications shall include flame-spread information, location of tent relative to other structures, and the time period the tent is to be used. 22 XII. - LEGAL CITY OF BOYNTON BEACI ITEM B.4 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 20, 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 17, 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: Approval of an Ordinance amending Chapter 2 of the Code of Ordinances to add a new Article XII entitled "Quasi-Judicial Boards". EXPLANATION: This Ordinance has been prepared to amend and clarify Chapter 2 by creating a new Article XII entitled "Quasi-Judicial Boards"; which will establish a procedure for creation, consolidation and abolishment of quasi-judicial boards, appoint of members to quasi judicial boards, board duties and responsibilities and terms of appointments. PROGRAM IMPACT: None. FISCAL IMPACT: N/A ALTERNATIVES: None. Department Head's Signature City Manager's Signature City Attorney Department Name /~ City Attdo~ey / Finance / Human Resources S:~BULLETINXFORMSLAGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO ADD 5 AN NEW ARTICLE XII ENTITLED QUASI-JUDICIAL BOARDS; 6 ESTABLISHING A PROCEDURE FOR CREATION, 7 CONSOLIDATION AND ABOLISHMENT OF QUASI-JUDICIAL 8 BOARDS; APPOINTMENT OF MEMBERS TO QUASI-JUDICIAL 9 BOARDS, BOARD DUTIES AND RESPONSIBILITIES, TERMS OF 10 BOARD MEMBERS; PROVIDING FOR CONFLICTS, 11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to 14 a written procedure for appointment of quasi-judicial Boards, outlining Board duties 15 responsibilities, qualifications, terms of service, rules of procedure and ethical conduct 16 g the appointees in the performance of their designated duties; and 17 18 WHEREAS, this Ordinance will serve as a valuable reference guide for all those in 19 the Commission and the public has placed its trust; and 20 21 WHEREAS, the City Commission of the City of Boynton Beach has determined that 22 enactment of this Ordinance is in the best interests of the citizens of the City of Boynton 23 protects the integrity of City government, fosters public confidence in the actions of 24 City, and will assist in ensuring that the City's elected and appointed officials abide by the 25 ethical standards; and 26 27 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 28 Florida, as follows: 29 30 Section 1. The foregoing whereas clauses are true and correct and are now ratified 31 confirmed by the City Commission. 32 Section 2. That Chapter 2. Administration is hereby amended by adding a new 33 XII, entitled "Quasi-Judicial Boards", as follows: 34 35 ARTICLE XII. QUASI-JUDICIAL BOARDS 36 37 2-160 Authority of Commission 38 39 as otherwise provided by law, the City Commission may, by ordinance, create, 40 consolidate, or abolish quasi-judicial Boards (hereinafter "Boards") to assist the City 41 in exercising the powers granted to the Commission by the Municipal Home 42 Powers Act. 43 44' 1 ;:\CA\Ordinances\Quasi-judicial boards 020604.doc 1 2-161 Chair and Vice-Chair 2 3 City Commission, at the last Commission meeting in March of each year, commencing 4 2004, shall appoint the Chair and Vice-Chair of all Boards. The term of appointment 5 the position of Chair or Vice Chair of a Board is one (1) year commencing the first 6 in April following appointment. Board members may be appointed to consecutive 7 as Chair or Vice Chair, not to exceed three (3) consecutive terms. 8 9 Chair or Vice Chair of a Board may be removed as Chair or Vice-Chair prior to the 10 of his/her appointment by majority vote of the Commission. The removal of the 11 or Vice-Chair shall have no effect on their status as an appointed member of the Board. 12 13 2-162 Ratification of Existing Boards' 14 15 powers and duties of the following quasi-judicial Boards, which exist on the date of 16 of this ordinance, are hereby ratified: 17 of Board Date Created Enacting Ord. Number of I Members 9/18/79 79-28 Regular: 7 Alternates: 2 10/20/87 87-39 Regular: 5 Alternates: 1 Board 3/16/76 76-11 Regular: 7 Adjustment & Alternates: 2 and 1/19/71 71-1 Regular: 7 Alternates: 2 18 19 20 2-163 Qualifications for Board Appointment 21 22 when otherwise established by state statute, the City Commission shall determine the 23 ualifications necessary to serve on City Boards. 24 25 2-164 Appointment 26 27 of the City Commission, on a rotating basis, shall nominate Board Members for 28 I. If a member of the Commission makes no objection to the appointment, the 29 shall be deemed appointed by consensus. If an objection is raised, a separate voice 30 shall be required to make the appointment. 31 2 boards 02061M.doc 1 2-165 Removal of Board Members 2 3 members appointed to Boards that are created by general law, special act, or City 4 :harter, may be removed or suspended in accordance with the procedures set forth in 5 112.501, Florida Statutes. 6 7 other Board members are subject to removal or suspension, with or without statement of 8 by majority vote of the City Commission. 9 10 2-166 Absenteeism and Resignation 11 12 Board member who is absent from three (3) Board meetings in one year shall be deemed to 13 resigned he/her seat on the Board. The Commission shall thereafter declare and fill the 14 for the balance of the Board members term. A Board member who is replaced for 15 of absenteeism may not qualify for appointment to any City Board for a period of 16 (12) months from declaration of vacancy. 17 18 2-167 Limitation on Appointments 19 20 addition to the requirements of Sec 2-16 ~)f the Code of Ordinances: 21 22 1. No person shall be appointed bytheCity Commission to a City quasi-judicial Board 23 unless the person has filed, no less than ten (10) days prior to the date of appointment, 24 an application for appointment with the City Clerk as required in Sec 2-16(g) of the 25 Code of Ordinances. 26 27 2. No City employee shall be appointed to or serve on a Board that conducts quasi- 28 judicial hearings. 29 30 3. No persOn may serve on more than one (1) quasi-judicial Board. 31 32 2-168 Rules of Procedure 33 34 shall conduct their meeting in accordance with Roberts Rules of Order. A Board, 35 tg approval by the City Commission, may use alternate or supplemental rules of 36 37 38 udicial hearings shall be conducted in a manner consistent with law and which 39 all interested persons with the opportunity to offer testimony, evidence, and cross- 40 witness. All witnesses must testify under oath or affirmation. 41 42 2-169 Ethical Conduct 43 44 Board members are subject to the standards of ethics for public officers set forth in Part 45 of Chapter 112, Florida Statutes. 46 3 :\CA\Ordinances\Quasi-judicial boards 020604.doc 1 2 SECTION 2. Severability. Should any section, provision, paragraph, sentence, clause 3 word of this Ordinance or portion hereof be held or declared by any court of competent 4 urisdiction to be unconstitutional or invalid, in part or application, it shall be considered as 5 and shall not affect the validity of the remaining portions or applications of this 6 7 8 SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or 9 )arts thereof in conflict herewith, be and the same are hereby repealed to the extent of such 10 :onflict. 11 12 SECTION 4. Codification. It is the intention of the City Commission of the City of 13 Beach, that the provisions of this Ordinance shall become and made a part of the Code 14 Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance 15 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," 16 'Article" or other word or phrase in order to accomplish such intention. 17 18 SECTION 5. Effective Date. This Ordinance shall become effective immediately 19 its passage and adoption. 20 21 FIRST READING this __ day of ,2004. 22 SECOND, FINAL READING AND PASSAGE this ~ day of 2004. 3 24 CITY OF BOYNTON BEACH, FLORIDA 25 26 27 Mayor 28 29 30 Vice Mayor 31 32 33 Commissioner 34 35 36 Commissioner 37 38 39 Commissioher 40 '- 41 42 43 Clerk ; 4 ;:\CA\Ordimmces\Quasi-judicial boards 020604.doc XII. - LEGAL CITY OF BOYNTON BEAC ITEM AGENDA ITEM REQUEST F( 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 20, 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 17, 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: Approval of an Ordinance enacting a written procedure for conducting and giving notice of quasi- judicial hearings. EXPLANATION: This Ordinance has been prepared to amend and clarify Section 2-20 of the Code of Ordinances, to ensure that the City's quasi-judicial hearings are conducted with proper notice, with an opportunity to be heard, and to present evidence and testimony. PROGRAM IMPACT: None. FISCAL IMPACT: N/A ALTERNATIVES: None. Department Head's Signature City Manager's Signature City Attorney (~~~/g. ff Department Name ~ City Att~ey / Finance / Human Resources S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AMENDING SECTION 2-20 OF THE CODE OF 6 ORDINANCES REGARDING QUASI-JUDICIAL BOARDS; 7 PROVIDING FOR NOTICE AND PROCEDURES; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires 12 enact a written procedure for conducting and giving notice of quasi-judicial heatings; 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach has determined 16 the enactment of this Ordinance is in the best interests of the citizens of the City of 17 Beach, protects the integrity of City government, fosters public confidence in 18 actions of the City, and will assist in ensuring that the City's quasi-judicial heating are 19 :onducted with proper notice, opportunity to be heard, and opportunity to present 20 :vidence and testimony; and 21 22 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 23 Florida, as follows: 24 25 1. The foregoing whereas clauses are tree and correct and are now ratified and 26 the City Commission. 27 28 2. That Chapter 2, Section 2-2- is amended as follows: 29 30 2-20. Quasi-judicial proceedings before city commission or city board; 31 for reconsideration of decision. 32 For the purpose of this section the term Quasi-judicial proceeding" shall mean 33 before the City Commission or Planning Development Board, and limited to the 34 g specific types of proceedings: 35 (1) Variances; 36 (2) Rezonings; 37 (3) Appeals from administrative decisions of the building official or the 38 director; 39 (4) Master plan approvals; 40 (5) Site plan approvals; 41 (6) Modifications of site plans. 42 (7) Relief from requirements of the sign code. 43 (8) Conditional use approvals 44 ;:\CA\Ordinances\Quasi-judicial hearings modified.doc 1 1 udicial he,mings shall be conducted in a manner which provides all 2 interested, parties with the opportunity to testify, call witness, introduce evidence and 3 amine witness. Testimony shall be under oath or affirmation. When a proposed 4 comes before the City Commissionhaving first been afforded a quasi 5 udicial hearing before a City Board. the testimony and evidence submitted to a City 6 constitute part of the record of testimony and evidence before the City 7 8 9 No shall proceed until proof of notice of the proceeding: in 10 form, has been filed with the Office of the City Clerk. Proof of notice must 11 include the name and address of each property owner to whom notice was mailed and a 12 of each si~n posted, as hereinafter required. The following notices must be 13 )aid for and provided by the applicant: 14 15 1) All property owners, homeowner associations, and condominium 16 associations that own property within four hundred (400) feet of the 17 boundary line of the property which is the subject of the quasi-judicial 18 hearing shall be .mailed, by first class mail, a notice of hearing 19 postmarked no less than ten (10) calendar days prior to the hearing. 20 21 2) One (1) sign for each street frontage of the property shall be posted no 22 less than-ten (10) days prior to the hearing. The sign shall be legible 23 from a distance of 100 feet 'and shall contain a description of the 24 approval being sought, the date, time and location of the hearing, and a 25 statement that the application being considered is available for 26 inspection in the Development Department of the City Of Boynton 27 Beach. 28 29 30 3) When a quasi-judicial heating is tabled or continued at the request of 31 an applicant, re-notice of the heating shall be provided by the applicant 32 in the same manner as original notice 33 34 The City Commission may reconsider its decision arising from a Quasi-judicial 35 g only upon a motion to reconsider made at the meeting at which the decision 36 rendered or upon '"~'" .......... ' ~'~ '~' ....... '*'~ :'/ce an;,' 39 ,~..,.~.~;,'~-~"~ r~*~.~...~,~'~' during the next regular City Commission meeting. No quasi-judicial 40 decision shall be considered final until the conclusion of the next City Commission 41 meeting or, if a motion to reconsider has been .made and passes, the conclusion of the 42 reconsideration of the matter, '~ 43 ~... ........ .~.o.~:~- ~'~;~...~, .... -~de and the entry of a written order approved by the City Attorney 44 and signed by the City Clerk g:\CA\Ordinances\Quasi-judicial hearings modified.doc 2/6/2004 2 1 2 Me) When a motion for reconsideration is made and approved at the Commission 3 meeting at which the decision was rendered, the Commission may immediately 4 reconsider the matter before them or, the Commission may reconsider the matter at a later 5 time certain which shall be announced, at the meeting, to the applicant and the public. No 6 additional notice of the matter shall be necessary. 7 When a motion for reconsideration is made following the close of the Commission 8 meeting at which the decision is made, only the motion to reconsider shall be heard at the 9 next regular City Commission meeting. If the motion to reconsider is adopted by the 10 Commission, the matter which is the subject of the motion to reconsider shall be placed 11 on the next regular City Commission meeting agenda. The agenda item shall be noticed 12 in the same manner as the notice provided when the item was originally considered. 13 14 fid) Any board may reconsider its decision arising from a quasi-judicial proceeding 15 only upon a motion to reconsider at the meeting at which the decision was rendered. 16 17 [ge) Reserved. 18 19 ~_f) To the extent of any conflict between the procedures set forth herein and Robert's 20 Rules of Procedure, the procedure set forth herein shall prevail. 21 22 SECTION2. Severability. Should any section, provision, paragraph, .sentence, 23 clause of word of this Ordinance or portion hereof be held or declared by any court of 24 competent jursdicfion to be unconstitutional or invalid, in part or application, it shall be 25 considered as eliminated and shall not affect the validity of the remaining portions or 26 applications of this Ordinance. 27 28 SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or 29 parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such 30 conflict. 31 32 SECTION 4. Codification. It is the intention of the City Commission of the City of 33 Boynton Beach, that the provisions of this Ordinance shall become and made a part of the 34 Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this 35 :Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to 36 '"Section," "Article" or other word or phrase in order to accomplish such intention. 37 38 SECTION 5. Effective Date. This Ordinance shall become effective immediately 39 upon its passage and adoption. 40 41 FIRST READING this __ day of ,2004. 42 S:\CA\Ordinances\Quasi-judicial hearings modified.doc 2/6/2004 3 1 SECOND, FINAL READING AND PASSAGE this __ day of , 2 3 !004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 21 22 23 Clerk 24 25 26 27 ::\CA\Ordinances\Quasi-judicial hearings modified.doc 4 XII.-LEGAL CITY OF BOYNTON BEACF ITEM B.6 AGENDA ITEM REQUEST FO1 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 20, 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 17, 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: Approval of an Ordinance amending Chapter 2-13.2(c) of the Code of Ordinances regarding the Chair and Vice-Chair of the Community Redevelopment Agency. EXPLANATION: This Ordinance has been prepared to amend Chapter 2-13.2(c) of the Code of Ordinances Ordinances of the City of Boynton Beach, to provide a written procedure for the appointment of the Chair and Vice-Chair of the Community Redevelopment Agency. PROGRAM IMPACT: None. FISCAL IMPACT: N/A ALTERNATIVES: None. ~ Department Head's Signature City Manager's Signature City Attorney (~]/]?~ ~ Department Name ff ' Ci inance / Human Resources S:'xBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC XII. - LEGAL ITEM B.6 REVISED ~ ORDINANCE 04-- ~)~ 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 2-13.2(C) OF THE 5 CODE OF ORDINANCES, AMENDING THE PROCEDURE 6 FOR THE APPOINTMENT OF THE CHAIR AND VICE- 7 CHAIR OF THE COMMUNITY REDEVELOPMENT 8 AGENCY; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 ~HEREAS, the City Commission of the City of Boynton Beach, Florida, desires to amend 13 the procedure for appointment of the Chair and Vice-Chair of the CommUnity 14 Redevelopment Agency; and 15 WHEREAS, the City Commission of the City of Boynton Beach has determined, that the 16 enactment of this Ordinance is in the best interests of the citizens of the City of Boynton 17 Beach, protects the integrity of City government, and fosters public confidence in the actions 18 af the City; and 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 2o ]TY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing Whereas clauses are true and correct and are now ratified and 22 confirmed by the Commission. 23 Section 2. That Chapter 2-13.2(c) is hereby amended by adding the words and figures in 24 underlined type, and by deleting the words and figures in struck-through type, as follows: 27 28 2-13.2(c) Chair and Vice-Chair 29 30 The City Commission, at the last Commission meeting in March of each year, commencing 31 March 2004, shall appoint the Chair and Vice-Chair of the Community Redevelopment 32 Agency.. The term of appointment to the position of Chair or Vice-Chair of the Board is one 33 (1) year commencing the first Tuesday in April following appointment. Board members may 34 be apPointed to consecutive terms as Chair or Vice-Chair, not to exceed three (3) consecutive 35 terms. S:\CA\Ordinances\CRA\Chair and Vice Chair Appointments.doc 1 Section 3. Each and every other provision of the Chapter 2 of the Code of 2 nances not herein specifically amended, shall remain in full force and effect as originally 3 :d. 4 Section 4. All laws and ordinances applying to the City of Boynton Beach in 5 [lict with any provisions of this ordinance are hereby repealed. 6 Section 5. Should any section or provision of this Ordinance or any portion 7 be declared by a court of competent jurisdiction to be invalid, such decision shall not 8 :he remainder of this Ordinance. 9 Section 6. Authority is hereby given to codify this Ordinance. 10 Section 7. This Ordinance shall become effective immediately. 11 FIRST READING this /7 dayof ~., bt"t-Lctr~ ,2004~ 12 SECOND, FINAL READING AND PASSAGE this __ day of , 13 14 CITY OF BOYNTON BEACH, FLORIDA 15 16 17 Mayor 18 19 20 21 Vice Mayor 22 23 24 25 Commissioner 26 27 28 29 Commissioner 31 32 33 34 Clerk g:\CA\Ordinances\CRA\Chair and Vice Chair Appointments.doc X1'Z. - LEGAL CITY OF BOYNTON BEAC] ITEM B.7 AGENDA ITEM REQUEST FO x w 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 20, 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 17, 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: Approval of an Ordinance to provide for consolidation of the Nuisance Abatement Board with the Code Compliance Board. EXPLANATION: Considerable administrative effort and costs are associated with maintaining and operating City boards, and consolidation of Boards with similar duties and functions would lessen the administrative burden expended. Since the Nuisance Abatement Board meets so infrequently, the transition of its responsibilities will not constitute an additional burden on the Code Compliance Board. PROGRAM IMPACT: None. FISCAL IMPACT: N/A ALTERNATIVES: None. Department Head's Signature City Manager's Signature City Att°rne7 / City Attorn/yQ mance / Human Resources Department Name S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A NEW SUBSECTION 2-92, WITHIN CHAPTER 2, "ADMINISTRATION," OF THE CODE OF ORDINANCES; PROVIDING FOR THE CONSOLIDATION OF POWERS OF THE NUISANCE ABATEMENT BOARD AND THE CODE COMPLIANCE BOARD; AMENDING CHAPTER 15, ARTICLE VIII CHANGE ALL REFRENCES TO "NUISANCE ABATEMENT BOARD" TO "CODE COMPLIANCE BOARD"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Code Compliance Board and the Nuisance Abatement Board both to conduct quasi-judicial hearings; and WHEREAS, the consolidation of the Nuisance Abatement Board with the Code Board would facilitate the exercise of powers necessary to eliminate conditions nuisance within the City; and WHEREAS, the Nuisance Abatement Board meets so infrequently that the transition its responsibilities to the Code Compliance Board would not constitute additional burden Code Compliance Board; WHEREAS, considerable administrative effort and cost is associated with tg and operating City boards, and the Commission finds that consolidation of would lessen the administrative burden expended to support board action and board activity; NOW, THEREFORE~ BE IT ORDAINED by the City Commission of the City of Florida, as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as tree and correct and are hereby made a specific part of this Ordinance upon adoption SECTION 2. Amending Chapter 2 Administration, by creating a new Subsection 2- as follows: 2-92. Consolidation of Nuisance Abatement Board and Code Compliance Board; survival of actions All powers~ duties~ and responsibilities of the Nuisance Abatement Board shall survive and be deemed merged and consolidated with the powers~ duties and responsibilities of the Code Compliance Board. All previous actions of the Nuisance Abatement Board shall survive this consolidation unless specifically revoked by the Code Compliance Board. SECTION 3. That Chapter 15, Article VIlI, "Nuisance Abatement" is hereby amended adding the words and figures in underlined type, and by deleting the words and figUres in ~EB 020604.doc gh type, as follows: 15-112. Definition. For the purpo.ses of this article, the following definitions shall control: (c) Board: The nuisance abatement Code Compliance board of the City of Boynton I Sec. 15-115.5 Fines for noncompliance with orders; duration of lien. (a) The Ntfisance Abatement Code Compliance Board, upon notification by the City an order of the Board has not been complied with by set time or, upon finding that a violation has been committed, may order the violator to pay a fine in an amount in this section for each day the violation continues past the date set by the Nuisam~ Code Compliance Board for compliance or in the case of a repeat violation, for date a repeat violation continues beginning with the date the repeat violation is found to occurred by the City. A fine imposed pursuant to this section shall not exceed $250.00 day for the violation and shall not exceed $500.00 per day for a repeat violation. The fines imposed pursuant to this section shall not exceed $5,000.00. (c) After three (3) months from the filing of any lien that remains unpaid, the Code Compliance Board may authorize the City Attorney to foreclose the lien .... 5:\CA\Ordinancesklraft ordinance\Consolidation of NAB and CEB 020604.doc 4. Each and every other provision of the Code of Ordinances not herein ~y amended, shall remain in full force and effect as originally adopted. 5. All laws and ordinances applying to the City of Boynton Beach in conflict any provisions of this ordinance are hereby repealed. 6.~ Should any section or provision of this Ordinance or any portion thereof be by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. 7. Authority is hereby given to codify this Ordinance. 8. This Ordinance shall become effective immediately. FIRST READING this __ day of ,2004. SECOND, FINAL READING AND PASSAGE this __ day of · 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ::\CA\Ordinances~lraft ordinance\Consolidation of NAB and CEB 020604.doc XII. - LEGAL CITY OF BOYNTON BEACI ITEM B.8 AGENDA ITEM REQUEST FOi w 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 20, 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 17, 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: Approval of an Ordinance to provide for consolidation of the Building Board of Adjustment and Appeals with the Planning and Development Board. EXPLANATION: Considerable administrative effort and costs are associated with maintaining and operating City boards, and consolidation of Boards with similar duties and functions would lessen the administrative burden expended. Since the Building Board of Adjustment and Appeals meets so infrequently, the transition of its responsibilities will not constitute an additional burden on the Planning and Development Board. PROGRAM IMPACT: None. FISCAL IMPACT: N/A ALTERNATIVES: None. Department Head's Signature City Manager's Signature City Attorney Department Name ~7/ ' C~ty Attornq~/Finance / Human Resources S:XBULLETI/~b~RMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, ARTICLE 1, CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY., AND CHAPTER 1. ARTICLE VII "APPEALS"; PROVIDING FOR THE CONSOLIDATION OF POWERS OF THE BUILDING BOARD OF ADJUSTMENT AND APPEALS WITH THE PLANNING AND DEVELOPMENT BOARD; THAT ALL OF THE DUTIES, POWERS, AND PROCEDURES, AS' OUTLINED IN CHAPTER 108 OF THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 2001 FLORIDA BUILDING CODE AND THE PALM BEACH COUNTYWIDE AMENDMENTS SHALL SURVIVE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Building Board of Adjustment and Appeals and the Planning and Board both are empowered to conduct quasi-judicial hearings; and WHEREAS, the Building Board of Adjustment and Appeals meets so infrequently the transition of its responsibilities to the Planning and Development Board would not ',onstitute additional burden on the Planning and Development Board; WHEREAS, considerable administrative effort and cost is associated with and operating City boards, and the Commission finds that consolidation of would lessen the administrative burden expended to support board action and board activity; and WHEREAS, the City Commission desires to grant to the Planning and Development the functions and duties formerly held by the Building Board of Adjustment and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Florida, as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Ordinance upon adoption SECTION 2. Amending Article I, of the Land Development Regulations, Chapter 1.5, Section 4. (B), (C), (D), by adding the words and figures in underlined type and by adding the words and figures in struck-through type, as follows: Sec. 4. Advisory authority, functions, powers, and duties. (B) The planning and development board shall have all powers heretofore vested in the planning and zoning board, and the community appearance board,, and the Building Board of Adiustment and Appeals. All powers, duties, and responsibilities of the Building Board of Adjustment and Appeals shall survive and be deemed merged and consolidated with the powers, duties and responsibilities i:\CA\Ordinances\Consolidation of P&D and BBAA.doc of the Planning and Development Board. All previous actions of the Building Board of Adjustment and Appeals shall survive this consolidation unless specifically revoked by the Planning and Deve.lopment Board. (C) The planning and development board shall be responsible for all duties heretofore carried out by the planning and zoning board_, emd the community appearance ~card board, and the Building Board of Adjustment and Appeals. (D) All reference to the Land Development Regulations of the City Of Boynton Beach to the planning and zoning board, o~ to the community appearance board, or to the Building Board of Adjustment and Appeals shall hereinafter be construed to mean the planning and development board. SECTION 3. That Chapter 1 of the Land Development Regulations, Article VII, ;Appeals" is hereby amended by adding the words and figures in underlined type, and by the words and figures in struck-through type, as follows: 1. Appeals from decisions of an administrative official. Assignment of Appeals .... 1. The building~v~k~ ~.~' ~.~"dj ............ ~o~..~,~ ~.~ -m-~,o~" planning and development board will hear and .oo 3. Appeals from decisions of the bni!d.:ng beard of ad~ust<ent an~ appeals planning and development and development board may be taken by any aggrieved party affected by a board decision. 4. All of the duties, powers, responsibilities and procedures as outlined in 108 of the Boynton Beach Administrative Amendments to the 2001 Florida Building and the Palm Beach Countywide Amendments shall survive. 5. Each and every other provision of the Code of Ordinances not herein specifically amended, shall remain in full force and effect as Originally adopted. 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion thereof be S:\CA\Ordinances\Consolidafion of P&D and BBAA.doc by a court of competent jurisdiction to be invalid, such decision shall not affect the Ordinance. 8. Authority is hereby given to codify this Ordinance. 9. This Ordinance shall become effective immediately. FIRST READING this __ day of ., 2004. SECOND, FINAL READING AND PASSAGE this day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk BBAA.doc XII. - LEGAL ZTEM C.'! CITY OF BOYNTON BEACF AGENDA ITEM REQUEST FOI v, 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 February 17, 2004 City Commission Agenda under Legal - Resolutions. Staff recommends this resolution be approved which represents the issuance ora '~Notice of Intent", in preparation for a code review of Land Development Regulations governing the Mixed Use-High Intensity and Mixed Use- Low Intensity zoning districts. EXPLANATION: In follow-up to the execution of the Zoning in Progress (ZIP) resolution, staff is prepared to initiate amendments to the Land Development Regulations if it is determined that modifications are needed with respect to requirements for conversion of lands zoned for single-family residential development to a mixed-use zoning district. PROGRAM IMPACT: Ensure quality projects consistent with the stated intent of the zoning district and the "Federal Highway Corridor Community Redevelopment Plan and to protect existing single-family neighborhoods." FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject resolution and allow applications to be filed while the code is evaluated for necessary changes. De e~nt D~p~t~nen~'D~ector City Manager's Signature Planning and Z/~nt~g Director City Attorney / Finance / Human Resources S:XPlanningXSHARED\WPXSPECPROJXZoning in Progress\CC Agenda Request NOI-MUH & MUL-2-17-2004.dot FUTURE LAND USE MAP: MIXED USE LAND USES : ! iii] i' '"] f:ii!E/· ~ ']'"Ti .... i]::]"] i"' ! ~ i"i ':' i'"i ": i : ! N LEGEND Mixed use land uses RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A NOTICE OF INTENT TO ALLOW THE CITY ADMINISTRATION TO STUDY, REVIEW AND REVISE THE STANDARDS AND REQUIREMENTS FOR DEVELOPMENT OF MULTI-FAMILY AND NON- RESIDENTIAL USES IN AREAS DESIGNATED MIXED USE ON THE CITY'S FUTURE LAND USE MAP; PROVIDING FOR NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City administrative staff has requested Commission approval to issue a of Intent to allow the staff to study and review the impact of multi-family and non- uses allowed as permitted or conditional uses in areas designated Mixed Use on City's Future Land Use Map to determine if amendments or modifications are needed respect to requirements for limitations of use, minimum lot size, height limitations, [imitations on locations, buffering~ design standards, increase landscape requirements, traffic :ontrol, access, parking and setbacks; and WHEREAS, the Commission deems it timely and in the best interest of the City and its residents to undertake study, review and revision of the Land Development Regulations; WHERAS, the Commission has authority to initiate the review process by adoption Resolution and issuance of a Notice of Intent; and WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents formal announcement of planning activities and zoning in progress, and the announcement a zoning in progress period during which time no applications related to non-residential of lntent'uNotice of Intent Reso - Mixed Use Districts.doc development activity proposed within the study area will be accepted or processed; and WHEREAS, this Notice of Intent will be in effect from the date of adoption and for a period not to exceed 180 days following the date of adoption unless otherwise by the City Commission by subsequent Resolution following public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does adopt and issue the Notice of Intent attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective city-wide immediately passage. Section 3. The Notice of Intent shall be posted and copies provided as required Ordinance 000-053 (Codified in Article XI of Chapter 1 of the City's Land Development Part III, Code of Ordinances). Section 4. A Public Hearing shall be conducted during the March 16, 2004 City meeting, following which the Commission shall vote to either approve or further processing of the proposed regulation study period described in the Notice of Intent. Section5. No application for development activity or amendment to an previously filed within the scope of the study shall be accepted by the City following the date of adoption of this Resolution and during the study period. ;:\CAXNotice of IntenthNotice of Intent Reso - Mixed Use Districts.doc 2/10/2004 PASSED AND ADOPTED this __ day of February 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~_TTEST: Commissioner Clerk ::\CA'uNofice of IntentXNotice of Intent Reso - Mixed Use Districts.doc NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2004-03 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare a period to prepare and bring forward for adoption amendments to the Land Development Regulations to lessen the impacts of multi- family and non-residential uses in single-family residential zoning districts, on lands designated Mixed Use on the City's Future Land Use Map. AFFECTED AREA The Affected Area shall be specifically described as all lands designated Mixed Use (MU) on the City of Boynton Beach Future Land Use Map. (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Provide minimum acreage requirement for the rezoning of property from single- family residential zoning district to a mixed use zoning district; 2. Provide additional buffering and landscape requirements for mixed use development proximate to existing single-family residential development; and 3. Place additional height limitations on mixed use development proximate to existing single-family residential development. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to protect single-family residential developments from unwarranted impacts that might be caused by more intense mixed use development in close proximity. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED LDR, Chapter 2. Zoning, Section 6.F. Mixed Use Zoning Districts PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT C:XDocuments and Settings'damannar.~ Settles\Temporary lntemet Ffle, sVDLK 120~NOI 2004-03 lvllJ-L~:loc Effective on adoption of this Notice, no application or uses within the Affected Area deemed incomplete shall be processed and no new application shall be accepted or processed during the period that this Notice is in effect. This Notice of Intent shall only apply to said applications for rezoning from any single-family residential zoning district to Mixed Use-Low Intensity-MU-L zoning district submitted to the City after the Notice of Intent is executed. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section not the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: February Adopted by Resolution number R04- of the City Commission of the City of Boynton Beach, Florida the ~ day of ,200.~. By: Office of the City Clerk C:~)ocuments and Setting~nn ~.CIT¥~oe~ Settings\Temporary lnterm:t FiI~sXDL~ 120~N'OI 2004-03 MU-L. doc III. - LEGAL 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 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 I, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcemem [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this ~quest on the February 17, 2004 City Commission Agenda under Legal - Resolutions. Staff recommends this resolution be approved which represents the issuance of a "Notice of Intent", in preparation for a code review of Land Development Regulations governing the development of non-residential uses in single- family zoning districts. EXPLANATION: In follow-up to the execution of the Zoning in Progress (ZIP) resolution, staffwill determine if modifications are needed with respect to requirements for the development of non-residential uses in single-family zoning districts and initiate corresponding amendments to the Land Development Regulations. PROGRAM IMPACT: Ensure that the development of permitted non-residential uses will not cause undue impacts on single-family neighborhoods." FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject resolution and allow applications to be filed while the code is evaluated for necessary changes. Devel~nt Del~h~nt D~e"~or City Manager's Signature Planning and Zon)/irg/Director ~ City Attorne~)/l~n'~mce / Human Resources S:Wlanning~SHARED\WP~SPECPROJLZoning in Progress\CC Agenda Request NOI-Non-Res-2-17-2004.dot SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS OLD BO~ -~ - ~ I Il N LEGEND -- City Bounda~ Single Family R~identlal Distric~ RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A NOTICE OF INTENT TO ALLOW THE CITY ADMINISTRATION TO STUDY, REVIEW AND REVISE THE STANDARDS AND REQUIREMENTS FOR DEVELOPMENT OF NON-RESIDENTIAL USES IN SINGI.E FAMILY RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City administrative staff has requested Commission approval to issue a of Intent to allow the staff to study and review the impact of non-residential uses as permitted or conditional uses in single family residential zoning districts to if amendments or modifications are needed with respect to requirements for of use, limitations on locations, buffering, design standards, increase landscape uirements, traffic control, access, parking and setbacks; and WHEREAS, the Commission deems it timely and in the best interest of the City and ts residents to undertake study, review and revision of the Land Development Regulations; WHERAS, the Commission has authority to initiate the review process by adoption Resolution and issuance of a Notice of Intent; and WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents formal announcement of planning activities and zoning in progress, and the announcement a zoning in progress period during which time no applications related to non-residential lopment activity proposed within the study area will be accepted or processed; and WHEREAS, this Notice of Intent will be in effect from the date of adoption and g:\CA'uNotice of Intent'aNotice of Intent Reso - Non-residential Uses.doc 2/10/2004 for a period not to exceed 180 days following the date of adoption unless otherwise y the City Commission by subsequent Resolution following public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does adopt and issue the Notice of Intent attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective city-wide immediately Section 3. The Notice of Intent shall be posted and copies provided as required Ordinance 000-053 (Codified in Article XI of Chapter 1 of thee City's Land Development Part III, Code of Ordinances). Section 4. A Public Hearing shall be conducted during the March 16, 2004 City meeting, following which the Commission shall vote to either approve or further processing of the proposed regulation study period described in the Notice Section5. No application for development activity or amendment to an previously filed within the scope of the study shall be accepted by the City tg the da~e of adoption of this Resolution and during the study period. ;:\CA'~lotice of IntenthNotice of Intent Reso - Non-residential Uses.doc PASSED AND ADOPTED this __ day of February 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner iTTEST: Commissioner Clerk :\CAhNotice of IntentXNofice of Intent Reso - Non-residential Uses.doc NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI//2004-02 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare a period to prepare and bring forward for adoption amendments to the Land Development Regulations to lessen the impacts of non- residential uses in single-family residential zoning districts, citywide.. AFFECTED AREA The Affected Area shall be specifically described as all lands zoned for single-family residential development citywide, which includes the R-l-AAA, R-1-AAB, R-l-AA, R-l-A, and R-1 zoning districts. (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Provide locational criteria for non-residential uses permitted in single-family residential zoning districts; 2. Provide additional buffering and landscape requirements for non-residential uses; and 3. Require additional roadway improvements for non-residential uses that increase traffic in single-family residential developments. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to protect single-family residential developments from unjustifiable impacts that could be caused by the development of non-residential uses. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED LDR, Chapter 2. Zoning, Section 5.A R-l-AAA Single Family Residential District; LDR, Chapter 2. Zoning, Section 5.B. R-1-AAB Single Family Residential District; LDR, Chapter 2. Zoning, Section 5.C. R-l-AA Single Family Residential District; LDR, Chapter 2. Zoning, Section 5.D. R-1-A Single Family Residential District; and LDR Chapter 2. Zoning, Section 5.E R-1 Single Family Residential District. PROJECTED TIME FRAME FOR STUDY C:~)omm~nts ami Settlngs~amannm~.~ ScttJngs\TcmporaO, Inte. rn~ Fdcs~OLK 120~01 2004-02.doc One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, no application or uses within the Affected Area deemed incomplete shall be processed and no new application shall be accepted or processed during the period that this Notice is in effect. This Notice of Intent shall only apply to said applications for non-residential uses in the listed zoning districts submitted to the City after the Notice of Intent is executed. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section not the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: February Adopted by Resolution number R04- of the City Commission of the City of Boynton Beach, Florida the __. day of ., 2~..__. By: Office of the City Clerk C:~Document~ and Settings~amnnn~ ~ Settlngs\Tempomry Internet Ftles\OLKI20~NOI 2004-02.doc