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Agenda 03-16-04'The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA MARCH 16, 2004 Jerry Taylor Mayor At Large Bob Ensler r Commissioner District, -~//~ ...~'L Mack McCray Commissioner ~--~ District II ~ , 31ST ~,ICT I Mike Ferguson .- Vice Mayor !~ i DI: TRI'.~T II District ,,I Carl McKoy Commissioner ~ : / , ' 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 PUBLZC PARTZCIPATZON AT CTI'Y OF BOYNTON BEACH COMMISSION MEEI'ZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEEI'[NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are bu~;iness meetings and, as such, the Commission retains the right to limit discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings.' · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to ~olidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA MaFch 16, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor ,lerry Taylor B. Invocation - Rev. Rick RiccardJ, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner McKoy D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. April 6, 2004 City Commission Meeting changed to April 7, 2004 B. Community and Special Events: 1. Boynton Beach Sister Cities Young Artists' Competition Exhibit at Schoolhouse Children's Museum - March 16 -April 16, 2004 2. Oceanfront Concert - March 19, 2004, 7:00 p.m., at Oceanfront Park 3. Visionaire Spring Artistry - March 20 - 21, 2004 at the Schoolhouse Children's Museum 4. Boynton Beach Sister Cities Young Artists' Awards Reception - April 2, 2004 at the Schoolhouse Children's Museum C. Presentations: 1. Proclamations: None 2. Present a Certificate of Completion to Commissioner Carl McKoy for completion of the Institute for Elected Municipal Officials A§enda Regular City Commission MeeUng Boynton Beach, Florida March 16, 2004 3. Presentation of invitations to the City Commission to attend the Boynton Beach Medieval Faire on March 20-21, 2004 at 3aycee Park (10:00 a.m. to 5:00 p.m.) 4. Approve the 9-30-2003 City of Boynton Beach Annual Financial Report as presented by Scott Porter from Caler, Donten, Levine, Druker, Porter & Veil ~V. PUBLZC AUDZENCE: ZND~VTDUAL SPEAKERS WTLL BE LTMZTED TO 3-MZNUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMTNTSTRAT~VE: A. Accept resignation from Marilyn Huckle, Regular Member of the Cemetery Board B. Accept resignation from Enrico Rossi, Regular Member of the Code Compliance Board C. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Dato II McCray Advisory Bd on Children & Youth Alt 1 yr term to 4/04 III Ferguson Advisory Bd on Children & Youth Stu/NonVoting I yr term to 4/CH I Ensler Advisory Bd on Children & Youth Stu/Voting i yr term to 4/04 Tabled (2) IV McKoy Cemetery Board Reg 3 yr term to 4/06 IV McKoy Code Compliance Board Reg 3 yr term to 4/05 II McCray Education Advisory Board Stu i yr term to 4/04 ! Ensler Education Advisory Board Reg 2 yr term to 4/05 Tabled (2) III Ferguson Education Advisory Board Reg 2 yr term to 4/05 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 VZ. 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. 2 Agenda Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 A. Minutes: 1. Agenda Preview Conference of February 13, 2004 2. Regular City Commission Meeting of February 17, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Approve the "piggy-back" of TOWN OF PALM BEACH (RFP #2003-13), and 3ACKSONVlLLE ELECTPd:C AUTHORITY (BID #WCS 123-00) to INSITUFORM TECHNOLOGIES, INC. for CURED IN PLACE PIPE REHABILITATION in the amount of $431,833.62, plus a 10 percent project contingency of $43,183 2. Award "THE REPAIR AND RECONDI-FIONING OR REPLACEMENT OF HYDRAULIC OR COMPONENT PARTS TO INCLUDE THE CRANE ASSEMBLY OF THE 1989 EFFER, KNUCKLEBOOM, MOUNTED ON A 1989 MACK, 6X6 CHASSIS," Bid #027-2510-04/.1A to Master Hydraulics Inc. of Pembroke Pines, Florida, for the estimated amount of $28,700 3. Award the "PURCHASE OF i NEW AND UNUSED POLl:CE AGGRESSIVE TRAFFIC ENFORCEMENT VEHICLE," Bid #028-2516-04/.1A to Bobby Jones Ford Inc. of Augusta, Georgia for the new/unused 2003 Mustang Cobra SVT Coupe V~N #1FAFP48Y83F426145 for $32,116.51 (costs covered from a $47,245 grant from the Florida Department of Transportation) 4. Approve the "piggy-back" of the CITRUS COUNTY SCHOOL BOARD, BID #2003-21, to HURRICANE PROTECTION INDUSTRIES, INC. for the INSTALLATION OF A HURRICANE BARRIER SYSTEM FOR THE 2nd FLOOR OF CITY HALL in the amount of $54,372.28 ($40,780 of this to be funded by a Federal grant) 5. Award the "ANNUAL CONTRACT FOR SECURITY GUARD SERVICES," Bid #021-2710-04/C3D to DIAMOND DETECI'IYE AGENCY, INC. of Chicago Heights, IL, with an annual expenditure of $37,632 (to provide security on a yearly basis to patrol Ezell Hester Jr. Community Center and the Library) C. Resolutions: 1. Proposed Resolution No. R04-030 Re: Abandoning any interest in the 750 square foot sidewalk easement under the jurisdiction of Palm Beach County (former Chevron site at the northeast corner of Boynton Beach Boulevard and Congress Avenue) Agenda Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 2. Proposed Resolution No. R04-031 Re: Agreement for Water Service Outside the City Limits with Palm Beach County for the property at 1057 Highview Road, Lantana, Florida (Lot 211, Ridge Grove Addition 1) 3. Proposed Resolution No. R04-032 Re: Approving Task Order No. U04-16-1 with PBSS~ for Engineering and Construction Management Services on the Lawrence Road Utility relocation Project, for a not-to- exceed value of $24,439 4. Proposed Resolution NO. R04-033 Re Agreement for Water Service Outside the City Limits with Claudia and David Valdez for the properties at 1127 Highland Road and 1241 Highland Road, Lantana, Florida (Lot 71, Ridge Grove and Lot 87, Ridge Grove, respectively) 5. Proposed Resolution No. R04-034 Re: ]:nterlocal Agreement with the Town of Hypoluxo for the provision of fire and rescue services 6. Proposed Resolution No, R04-035 Re: Amendment No. i to Task Order 01-17, Camp Dresser & McKee ]:nc. ((::DM) for $48,700 (Amendment No. I provides for additional engineering services for the TNCA Stormwater Management ]:mprovements and Water Main Replacement Project [formerly referred to as the NE 7~ Street and NE 10t~ Avenue area and North and South Roads]) 7. Proposed Resolution No. R04-036 Re: Agreement for Water Service Outside the City Limits with Paul and 3ulie Krasna for the property at 1096 Oleander Road, Lantana, Florida (Lot 35, Hypoluxo Ridge Addition 2) 8. Proposed Resolution No. R04-037 Re: Agreement for Water Service Outside the City Limits with R.]:. & .]. Financial, ]:nc. for the property at 10~2 Highview Road, Lantana, Florida (Lot 160, Ridge Grove Addition 1) 9. Proposed Resolution No. R04-038 Re: Agreement for Water Service Outside the City Limits with Patricia A. Barrett for the property at 1102 .]ames Road, Lantana, Florida (Lot 29, Hypoluxo Ridge) 10. Proposed Resolution No. R04-039 Re: Approving Task Order #R04-10-001 in the amount of $119,700 to Kimley-Horne and Associates, [nc. for schematic design phase services for Wilson Center, Pool and Park 11. Proposed Resolution No. R04-040 Re: Approving Task Order #R0~-05-05 in the amount of $13,900 to CH2M Hill, ]:nc. for architectural and engineering services for design and construction administration for Boat Club Park Building Restrooms ]:mprovements Agenda Regular City Commission MeeUng Boynton Beach, Florida March 16, 2000 12. Proposed Resolution No. R04-041 Re: Approving Task Order #R0~t-5-0~ in the amount of $81,366 to CH2M Hill, [nc. for architectural and engineering services for design and construction administration for Senior Center Phase ]:!! 13. Proposed Resolution No. R04-002 Re: Authorizing the City Manager to submit an application for a Public Library Construction Grant 14. Proposed Resolution No. R04-043 Re: Scope of Services for the 20(Yt-05 Fire Assessment Work Plan with Government Services Group, !nc. at a cost not to exceed $22,000 15. Proposed Resolution No. R04-044 Re: Approving Task Order No. U04-10-01 in the amount of $1,963,000 to Kimley-Horn and Associates, !nc. (KHA) for Program Management Services, West Water Treatment Plant (WWTP) Expansion - Phase 4 D. Ratification of Planning & Development Board Action: 1. Westbrooke @ Boynton (MSPM O3-013), East of South Congress Avenue, North of L.W.D.D. L-30 Canal - Request for Major Site Plan Modification approval to construct 300 townhouse units on 32.15-acres in the Planned Unit Development (PUD) zoning district 2. Renaissance Commons (MPMD 03-002), Congress Avenue, south of Gateway Boulevard - Request for Master Plan Modification approval to convert the former Motorola Planned !ndustrial Development (PTD) to a Mixed-Use project consisting of residential, commercial and office uses in conjunction with the amendment of the Development of Regional :Impact (DR/) 3. Grove Plaza Subdivision Master Plan (MPMD 03-003), 3800 Hypoluxo Road - Request for modification of the subdivision master plan to convert Parcel "F" from a 3,600 square foot restaurant to a 7,180 square foot retail store (Auto Zone) 4. Auto Zone (NWSP O3-027), 3800 Hypoluxo Road - Request for New Site Plan approval for a 7,180 square foot retail store (auto supply store) on a 1.18 acre parcel in a C-3 zoning district 5. Boynton Beach Cancer Center (NWSP 03-029), 2375 West Woolbdght Road - Request for New Site Plan approval for a 6,851 square foot medical office building on a 0.39-acre parcel in the C-1 zoning district 6. The .]efferson O Boynton (f.k.a. South Congress Avenue Residential) (SPTE 03-006), east side of South Congress Avenue, 5 Agenda Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 north of L.W.D.D. Canal L-30 - Request for a i year time extension of the site plan approval originally granted on December 2, 2002, extending the approval from December 2, 2003 to December 2, 200,t E. Ratification of CRA Action: 1. Intentionally left blank 2. Deliverance by Faith Church (NWSP O4-001), Lots 4 & 5, 8lock 1, Frank Weber Addition - Request for New Site Plan approval for a 3,090 square foot church on a 0.32-acre parcel in a C-2 zoning district F. Approve release of cash bonds of $60,250 to D.R. Horton, Inc. for the project known as Parkside Village at Quantum Park (Block 4, Lots 10, 7, 1-5, 8 & 9 and Block 3, Lots 25, 18, 17, 19, 20, 21-24 & 26-29) G. Approve release of a cash bond of $10,697.50 to DSS Restaurant Management, LLC for the project known as Two Georges Restaurant H. Approve full release of surety covering the water system for the project known as Motor City Car Wash and returning the cash surety in the amount of $1,980 to the developer I. Approve Permit No. 04-0248 for excavation and fill operation for the Carriage Pointe development and approve acceptance of a cash surety in the amount of $22,000 for site restoration for the Carriage Pointe development Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same K. Award the balance of a "Three Year Contract for Financial Auditing Services," RFP#061-1`110-03/CJD to Caler, Donten, Levine, Druker, Porter & Veil, P.A. of West Palm Beach, Florida, for the fiscal years ended 9/30/0`1 and 9/30/05 vz'r, CODE COMPL/ANCE & LEGAL SETTLEMENTS: None VZIT. PUBL/C HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'rS A. Project: Mixed Use Code Review (CDRV 04-001) ('TABLED ON 02/17/04) Agent: City initiated Description: Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F. Mixed Use Zoning Districts (1s'r READZNG OF PROPOSED ORDTNANCE NO. 04- ) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 B. Notice of Zntent (Resolution No. R04-028) to adopt pending Zoning Code Amendments - Single Family Residential C. Notice of ]:ntent (ResoluUon No. R04-029) to adopt pending Zoning Code Amendments - Mixed Use D. Project: Suburban Mixed Use Zoning District (CDRV 04-002) Agent: City initiated Description: Request to amend Chapter 2. Zoning to establish a Suburban Mixed Use (SMU) zoning district to support and enhance development and redevelopment opportunities in suburban areas outside of the downtown redevelopment .area (1~ READTNG OF PROPOSED ORDZNANCE NO. 04-011) E. Project: Renaissance Commons (CPTA 03-001) Agent: Klm Glas-Castro, AICP, Ruden McClosky Owner: Compson Associates of Boynton IT, LLC Location: Southeast corner of Congress Avenue and Gateway Boulevard Description: Request to amend the text of the Comprehensive Plan Future Land Use Element to establish a Development of Regional Tmpact (DR[) as a land use designation, and corresponding policies for the Renaissance Commons DR[ (f.k.a. Motorola DR[) that documents its approval; uses, densities and intensities; and approved traffic generation (1sT READTNG OF PROPOSED ORDTNANCE NO. 04-012) F. Project: Renaissance Commons (DRZA 03-001) Agent: Kim Glas-Castro, AICP, Ruden McClosky Owner: Compson Associates of Boynton II, LLC Location: Congress Avenue south of Gateway Boulevard Description: Request for Development of Regional Impact Amendment (DR[A) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DR[ project from Motorola to Renaissance Commons (1s'r READZNG OF PROPOSED ORD'rNANCE NO. 04-013) G. Project: Renaissance Commons (LUAR 03-009) Agent: Klm Glas-Castro, A[CP, Ruden McCIosky Owner: Compson Associates of Boynton [[, LLC Location: Southeast comer of Congress Avenue and Gateway Boulevard Description: Request to amend the Comprehensive Plan Future Land Use Map from Industrial ([) and Local Retail Commercial (LRC) to Development of Regional Tmpact (DR[) (1sT READZNG OF PROPOSED ORDZNANCE NO. 04-014) H. Project: Renaissance Commons (LUAR 03-009) Agent: Klm Glas-Castro, A~CP, Ruden McCIoslo/ 7 Agenda Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 Owner: Compson Associates of Boynton II, LLC Location: Southeast corner of Congress Avenue and Gateway Boulevard Description: Request to rezone from Planned Industrial Development (PID) and C-3 Community Commercial to Suburban Mixed Use (SMU) (1sT READI'NG OF PROPOSED ORDTNANCE NO. 04-015) TX. CI'TY MANAGER'S REPORT: A. Commission consideration of the Basis of Design Review packet information for the West Water Treatment Plant Expansion bid phase (RET,4B/.£D 7'0 051.~104) B. Senior Center Fee Study C. Approve final plan for Southeast Neighborhood Park as shown in PowerPoint presentation D. Report on Palm Beach County Days X. FUTURE AGENDA 1'rEMS: A. .loint City Commission/CRA Workshop (March 30, 2004 - 6:30 p.m. - Library) B. Stormwater ERU (April 7, 2004) C. Condition Assessment - Boynton Woman's Club (April 7, 2004) D. Discussion of establishment of Arts Commission (April 7, 2004) E. City Commission Workshop regarding Utilities Projects (April 12, 2004 - 6:30 p.m. - East Water Treatment Plant) F. City Commission Workshop regarding Capital ];mprovement Projects (April :19, 2004 - 6:30 p.m. - Ubrary) G. Discussion regarding Non Quasi-judicial Advisory Board Consolidation (April 20, 2004) H. Status Report on Old High School (April 20, 2004) ]:. Additional Property Tax Assessment Exemption for ]:ncome Eligible Senior Citizens per FSS :196.075 (May 2004) .]. Workshop regarding City Hall/Public Safety Space Needs Report Cl-BA) K. Proposed Lease Agreement with Boynton Woman's Club (TBA) 8 Agenda Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 XT. NEW BUSTNESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 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. 04-003 Re: Adopting the Ocean District Community Redevelopment Plan 3. Proposed Ordinance No. 04-004 Re: Abandonment of a portion of the Quantum Boulevard right-of-way 4. Proposed Ordinance No. 04-005 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 5. Proposed Ordinance No. 04-006 Re: Amending Chapter 2 of the Code of Ordinances to add a new Article XI! 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 6. Proposed Ordinance No. 04-007 Re: Approval of an Ordinance enacting a written procedure for conducting and giving notice of quasi-judicial headngs 7. Proposed Ordinance No. 04-008 Re: Amending Chapter 2- 13.2(C) of the Code of Ordinances, amending the procedure for the appointment of the chair and vice chair of the Community Redevelopment Agency 8. 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 VI!! to change all references to "Nuisance Abatement Board" to "Code Compliance Board" 9 Agenda Regular City Commission MeeUng Boynton Beach, Florida March 16, 2004 9. Proposed Ordinance No. 04-010 Re: Consolidation of powers of the Building Board of Adjustment & Appeals with the Planning & Development Board B. Ordinances - 1~ Reading 1. Proposed Ordinance No. 04-O16 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre (503 N. Seacrest Boulevard) 2. Proposed Ordinance No. 04-017 Re: Rezone from C-2 Neighborhood Commercial to R-1-A Single Family (503 N. Seacrest Boulevard) 3. Proposed Ordinance No. 04-018 Re: Amending Land Development Regulations, Chapter 20 Buildings, Housing & General Construction, Section 8, Subsection C.2, and Chapter 15 of the Code of Ordinances, Section 15-16 providing more specific criteria for exterior identification/numbering C. Resolutions: 1. Proposed Resolution No. R04-045 Re: Opposing the proposed amendment to Florida's Constitution known as the Florida Hometown Democracy Constitutional Amendment D. Other: 1. Appointment of Community Redevelopment Agency Chair and Vice Chair 2. Intentionally lelt blank 3. Intentionally lelt blank 4. Proposed settlement - Vincent Molle and Alene Molle vs. City of Boynton Beach and the Florida Department of Transportation - Case No. CA 01- 07267-AG 5. Texaco Station site development update )(III. UNFINISHED BUSINESS: None 10 ~;genda Regular City Commission Meeting Boynton Beach, Florida March 16, 2004 X_,-V. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION W]'ll'l RESPECT TO ANY MAII'ER CONSIDERED AT THIS MEETING., HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND., FOR SUCH PURPOSE., HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADEt WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE c~'r'Y SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENEFITS OF A SERVICE., PROGRAM., OR ACI-IVTTY CONDUCTED BY THE CTTY. PLEASE CONTACT .1OYCE COSTELLO., (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST, bg FINAL AGENDA 3/12/2004 2:53 PM S:\CC\W~CCAGENDAL~GENDAS\YEAR 2004\031B04 FINAL AGENDA.DOC 11 I'TL-ANNOUNCEHENTS & PRESENTATIONS Item B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 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: Permit announcement EXPLANATION: The Boynton Beach Sister Cities organization is planning a Young Artists' competition for middle and high school students in Boynton Beach and our sister city, Qufu, China. The committee anticipates over 100 entries and the winner from each city will be forwarded to Sister Cities International's national competition. All entries will be on exhibit at the Schoolhouse Children's Museum from March 16-April 16, 2004. The community is invited to attend the exhibit. PROGRAM IMPACT: This announcement will generate additional publicity and knowledge of this exhibit in the community. FISCAL IMPACT: None ALTERNATIVES: Not permit announcement -~L' Depar~e'n~-I~d's ~g~gnature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:x, BULLETINLFORMSL~.GENDA ITEM REQUEST FORM.DOC The Greater Boynton Beach Sister Cities Committee, Ina z0~r~v,~o,,m~,~ February 23, 2004 ~ 2 ~z//c..tx(/.~.~.. Bo~,vard B~ ~ ~ 33425 ~: 561-~ 1~74 ~:jh~vi~c~ MS. Joyce Co~eHo O~ce of the Ci~ M~ger Ci~ of Boston Beach ~~t~ch 100 E. Boston Beach Blvd. si~ci~ Boston Beac~ Fl. 33435 B~d ~'~om De~ Joyce: J~e He~lig ~idmt The Boston Beach Sider Cities org~tion ~ phnning a ~ ~sl~, Yo~g ~i~s' Competition for ~ddle school ~d ~gh school ~a~t ~udems ~ Boston Beach ~d o~ s~er ci~, ~ C~. At Ch~e F~ t~ t~e, we ~e ~ticipat~g over 100 en~es. ~e met ~ ~om each c~ ~ ~ founded to S~er C~ies Ime~tioml's St~N~. mtio~ competition. T~ G~B~ ~ enffies ~ ~ on e~bit at the Schoo~o~e C~en's M~m from M~ch 16th t~ou~ Apffi 16~ ~th ~ aw~ds ~e ~a reception to ~ held on Ap~ 2nd at the Muse~.. In~atio~ ~ ~o to the CiW ~sioners ~d the CiW M~ager, ~ong ~M~ others, ~ ~ sero out ~t~ ~e ne~ 10 ~ys. ~te S~ We wOuld ~e to h~te the pubic as well ~d ~k t~t ~ ~ phced on the M~ch 16~ CiW Co--sion ~enda ~der Jim ~itli~ "Co~~ & Speci~ Events". If you need ~y additio~ ~omtio~ ple~ cont~t me at 901-8714. Thank you. Sincerely, RECEIVED Jeanne Heavilin, President .... ~flHated ~lth sin,, cia,, cc: Dale Sugerman FIB 2 6 2004 International, Ine. CITY MANAGER'S OFFICE IlL ANNOUNCEMENTS & PRESENTATIONS Item B.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 Ci_ty 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 [] Unffmished Business RECOMMENDATION: Permit announcement EXPLANATION: The monthly Oceanfi'ont Concert will be held on Friday, March 19, 2004, at a new time, 7-10 p.m., at Oceanfi'ont Park and will feature the band Powerhouse. PROGRAM IMPACT: This event is consistent with the City's Special Events unit mission to create mutually beneficial partnerships, to develop opportunities for economic development and provide unique leisure time activities to the public. This announcement will generate additional publicity and knowledge of this event in the community. FISCAL IMPACT: None ALTERNATIVES: Not permit announcement - - ~ -l~arimgnt Heal~'Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC IlL ANNOUNCEMENTS & PRESENTATIONS [tern B.3 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) [] 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: Permit announcement EXPLANATION: Visionaire Spring Artistry is a new event that hails the outstanding achievements of area artists, interior designers and home furnishings dealers and provides them with a unique venue in which to promote and sell their extraordinary work to the public. It is a juried show that will be held on Saturday and Sunday, March 20-21, 2004, at the Schoolhouse Children's Museum and is an exceptional opportunity for a limited number of exhibitors to reach a desirable market. Sponsors for this event include the Palm Beach Post, Office Depot and Burdines-Macy's. PROGRAM IMPACT: This event is consistent with the City's Special Events unit mission to create mutually beneficial parmerships, to develop opportunities for economic development and provide unique leisure time activities to the public. This announcement will generate additional publicity and knowledge of this event in the community. FISCAL IMPACT: None ALTERNATIVES: Not permit announcement (f D~'p~t He~s S,gnature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources SABULLET1N~ORMS'~AGENDA ITEM REQUEST FORM.DOC Overview Visionaire Spring Artistry 2004 will bring together some of this area's most creative artists, home interior designers and purveyors of fine home furnishings in a unique blend designed to complement and enhance each other's work. This is a juried show. The anticipated outcomes are increased exposure and retail sales for all exhibitors. This new event was conceived by a group of volunteers who brought their concept to the City. It is consistent with the City's goals of developing events that are community driven and which serve to create opportunities for economic development. After evaluating this year's experience, the committee will look to make Visionaire Spring Artistry an annual event. Visionaire Spring Artistry 2004 is produced by the City of Boynton Beach and is presented by Office Depot Burdines-Macy's and the Palm Beach Post. Primary Target Audience Women, 25-65, single and married, with annual incomes of $30,000 and more. Projected Attendance The projected attendance for this first time two-day event, which includes a ticketed Preview Party brunch, is 600-800 people. There will be a charge for the Preview Party that includes light refreshments, with the proceeds benefiting the Schoolhouse Children's Museum. Invitations to the Preview Party will be sent using an established list that includes the Primary Target Audience. Tickets for the Preview Party will also be available for purchase through retail vendors as a benefit of their sponsorship of the event. Otherwise, the event will be free and open to the public. Dates and Times Saturday, March 20, 2004 Brunch Preview Party 10:00 A.M. - 12:00 Noon Public Hours 12:00 Noon - 6:00 P.M. Sunday, March 21, 2004. 12:00 Noon - 6:00 P.M. Place Schoolhouse Children's Museum 129 E. Ocean Avenue Boynton Beach III. ANNOUNCEHENTS & PRESENTATIONS Item B.4 CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Permit announcement EXPLANATION: The Boynton Beach Sister Cities organization is planning a reception on April 2, 2004, at the Schoolhouse Children's Museum to announce the winners in its Sister Cities Young Artists' Competition for middle and high school students in Boynton Beach and our sister city, Qufu, China. The community is invited to attend the reception. The committee anticipates over 100 entries in the competition and the winner fi.om each city will be forwarded to Sister Cities International's national competition. All entries will be on exhibit at the Schoolhouse Children's Museum fi'om March 16- April 16, 2004. PROGRAM IMPACT: This announcement will generate additional publicity and knowledge of this program in the community. FISCAL IMPACT: None ALTERNATIVES: Not permit announcement - (JSepa~'m~nt ~[ead's ~it'gna~'[ City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMSLa, GENDA ITEM REQUEST FORM.DOC The Grea~er Boyn~n Beach S~er ~'~ ¢om~e, Inc. ~: ~1-~ 1~74 ~:j~~~ ~. Joyce Co~e~o O~ce of the CiW M~ger C~ of Boston Beach ~~ ~ch 100 E. Boston Beach Blvd. si~ci~ BoSton Beach, Fl. 33435 De~ Joyce: J~e He~n, ~'d~t ~e Boston Beach S~er C~ies org~tion ~ phnning a ~ ~. Yo~g ~s' ~etition for ~d~e school ~d ~ school ~~t ~dems ~ Boston Beth ~d o~ s~ ci~, ~ ~. At Ch~eF~ t~ t~e, we ~e ~tic~at~ over 100 en~es. The ~er ~ from each c~ ~ ~ fo~ded to S~ Cities Ime~tio~'s Sto~t~. mtio~ co~et~ion. T~ G~~ ~ en~es ~ ~ on e~b~ at ~e Schooho~ C~en's M~m from ~ch 16~ ~ou~ Ap~ 16~ ~ ~ aw~ ~ ~' reception to ~ held on Ap~ 2nd at ~e M~e~. In~atio~ ~ ~o to ~e CiW ~mmi~ione~ ~d the CiW ~er, others, ~ ~ sent out ~ the ne~ 10 ~ys. ~le s~ We w°~d ~e to h~e ~e pub~c p~d on the ~ch 16~ Ci~ ~mmission ~en~ ~der Jim ~illi~s "Comm~ & Sp~ Events". If you ne~ ~y ~om6o~ ple~ contact me at 901-8714. Sincerely, ---k // RECEIVED Jeanne. Heavilin~ President Affiliated with m~t~. citt~ cc: Dale Sugerman Ft~13 2 6 2004 International, Inc. CITY MANAGER'S OFFICE It't'.-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEAC Item C.2 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 RECOMMENDATI:ON: Present a Certificate of Completion to Commissioner Carl McKoy for completion of the Institute for Elected Municipal Officials. EXPLANATZON: Commissioner McKoy attended 18 hours of instruction at the Tnstitute for Elected Municipal Officials that is offered through the Florida Tnstitute of Government and the Florida League of Cities. This is a program that assists elected officials in improving the quality of municipal government in the State of Florida. PROGRAM ]:MPACT: FISCAL TMPACT: ALTERNATIVES: ~~ I~;~'a~ n~[;natu re '-~C~nature City Clerk's Office Department Name City Attorney / Finance / Human Resources S:\CC~WP~CCAGENDAV~cjenda Request MemosV~genda II;em Request for gn~,entaUve of Certificate of Completion to C. McKx)y.dot S:LBU! .I-F. TIN~ORMS~AGENDA ITEM REQUT. ST FORM.DOC AT FLORIDA STATE UNIVERSITY January 29, 2004 Janet Prainito City Clerk City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Dear Ms. Prainito: Enclosed is a Certificate of Completion to be awarded to Commissioner Carl McKoy. This certificate is for the completion of the Institute for Elected Municipal Officials. We ask that this presentation be included as an agenda item for your next council/commission meeting and be formally recorded in the minutes. We believe the importance of this accomplishment should be known to key officials and to the community. Thank you so much for your cooperation on this. If you have any questions, please call me at (850) 487-1870. Sincerely, Kathy Sittig Sr. Training Specialist enclosure 325 John Knox Road, Building 300 · Tallahassee, FL 32303 Telephone: (850) 487-1870 · Fax: (850) 487-0041 ° http://iog.fsu.edu ° email: fig~mailer, fsu.edu FE6ifI3X INSTITUTE AT FLORIDA STATE UNIVERSITY January 29, 2004 Carl McKoy Commissioner City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Dear Commissioner McKoy: On behalf of the Florida Institute of Government and the Florida League of Cities, I am pleased to award this certificate to you for the completion of eighteen hours of instruction at the Institute for Elected Municipal Officials. It is our sincere hope that you found the program challenging, informative, and rewarding. Now that you have taken the basic IEMO, we encourage you to attend the Advanced Institute as well as other League and Institute of Government training programs. And, in the event that you receive public questions about the program, we've enclosed a sample press release that might be helpful. We strongly believe that your willingness to complete this program of study is indicative of your commitment to improving the quality of municipal government in Florida. We commend you for this and sincerely thank you. With Warm Regards, JeffHendry Associate Director enclosure 325 John Knox Road, Building 300 * Tallahassee, FL 32303 Telephone: (850) 487-1870 · Fax: (850) 487-0041 · http://iog.fsu.edu · email: fig~mailer, fsu.edu D~Z.-ANNOUNCEMENTS & PRESENTATZONS ~tern C.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF ~ Announcement [] New Business AGENDA ITEM [] City Manager's Report [~ Presentation .~C:~ .~_~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Presentation of Invitations to the City Commissioners to attend the Boynton Beach Mql~va~ on March 20-21, 2004 at Jaycee Park (10 am - 5 pm). This event is hosted by Comm. Ferguson as the District IIlt~ent~:ff: described in the Strategic Plan for SPecial Events EXPLANATION: Individuals dressed in medieval period costumes will present invitations to the Commissioners as we~ verbally announce the event and invite community members to attend. PROGRAM IMPACT: Creative promotion for Boynton Beach Medieval Faire FISCAL IMPACT: Increase awareness of event and in turn increase attendance/revenue for the event ALTERNATIVES: Not to present invitations at the Commission Meeting t57tDepartment ~ead's ~ture-- City Manager's Signature Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC [IL.ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEA Item C.4 AGENDA ITEM REQUEST FI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 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: Approve the 9-30-2003 City of Boynton Beach Annual Financial Report as presente'"daoy Porter from Caler, Donten, Levine, Druker, Porter & Veil. ::1:: EXPLANATION: Florida State Statutes require that all governmental agencies have an annual audit completed by an independent audit fuma. This year the annual audit was performed by Caler, Donten, Levine, Druker, Porter & Veil whose offices are located in West Palm Beach. The audit has been completed and is now being presented to the City Commission for acceptance. The report complies with the new GASB 34 requirements. The City will submit the report to the Government Finance Officers Association's Certificate of Achievement program. The Finance staffis to be commended for having received this award for the past 27 consecutive years. PROGRAM IMPACT: The City remains in stable financial condition. FISCAL IMPACT: Annual fee for audit services was $89,800. ALTERNATIVES: None Department Head's Signature City Manager's Signature Finance Department Name City Attomey"/~inance / Human Resources S:'~BULLETI~FO~S~GENDA ITEM REQUEST FORM.DOC Comprehensive Annual Financial Report CITY OF BOYNTON BEACH, FLORIDA FOR FISCAL YEAR ENDED SEPTEMBER 30, 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT of the CITY OF BOYNTON BEACH, FLORIDA FOR THE FISCAL YEAR ENDED SEPTEMBER 30,,2003 Prepared by Department of Financial Services Diane Reese, Director of Financial Services Bill Atkins, Assistant Director/Procurement Services Steve Davis, Assistant Director/Audit Services Mary Munro, Assistant Director/Budget City of Boynton Beach Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2003 Table of Contents Page INTRODUCTORY SECTION Letter of Transmittal i GFOA Certificate of Achievement vii Organizational Chart viii List of Elected and Appointed Officials ix FINANCIAL SECTION Independent Auditor's Report 1-2 Management's Discussion and Analysis 3-13 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Assets 14 Statement of Activities 15-16 Fund Financial Statements: Governmental Funds: Balance Sheet - Governmental Funds 17 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets 18 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds 19 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities 20 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund 21-22 Proprietary Funds: Statement of Net Assets - Proprietary Funds 23 Statement of Revenues, Expenses, and Changes in Fund Net Assets - Proprietary Funds 24 Reconciliation of the Statement of Revenues, Expenses, and Changes in Fund Net Assets of Enterprise Funds to the Statement of Activities 25 Statement of Cash Flows - Proprietary Funds 26 Fiduciary Funds: Pension Trust Funds Statement of Net Assets 27 Pension Trust Funds Statement of Changes in Net Assets 28 Notes to the Financial Statements 29-53 Required Supplementary Information - Pension Trust Funds: Schedules of Funding Progress 54 Retirement Trust Fund Schedule of Contributions from Employer for the Last Six Years 55 City of Boynton Beach Table of Contents (continued) Page FINANCIAL SECTION--CONTINUED Combining and Individual Fund Statements and Schedules: Nonmajor Governmental Funds: Combining Balance Sheet 58-59 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances 60-61 Schedules of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual: Capital Improvement Fund 62 Fire Rescue Capital Improvement Fund 63 1992 General Obligation Refunding Debt Service Fund 64 1993 Public Service Tax Debt Service Fund 65 Local Option Gas Tax Fund 66 Community Improvements Fund 67 Recreation Program Fund 68 Nonmajor Enterprise Funds: Combining Statement of Net Assets 70 Combining Statement of Revenues, Expenses, and Changes in Net Assets 71 Combining Statement of Cash Flows 72 Internal Service Funds: Combining Statement of Net Assets 74 Combining Statement of Revenues, Expenses, and Changes in Net Assets 75 Combining Statement of Cash Flows 76 Pension Trust Funds: Combining Statement of Net Assets 78 Combining Statement of Changes in Net Assets 79 STATISTICAL SECTION General Fund Revenue by Source and Other Financing Sources--Budgetary Basis 80-81 General Fund Expenditures by Function and Other Financing Uses--Budgetary Basis 82-83 Property Tax Levies and Collections 84-85 Assessed and Estimated Actual Value of Taxable Property 86-87 Property Tax Rates--All Direct and Overlapping Governments 88 Ratio of Net General Bonded Debt to Assessed Value and Net Bonded Debt Per Capita 89-90 Computation of Direct and Overlapping General Obligation Bonded Debt 91 Computation of Legal Debt Margin 92 Ratio of Annual Debt Service Requirements for General Bonded Debt to Total General Fund Expenditures--Budgetary Basis 93 Schedule of Water and Sewer Revenue Bond Debt Service Coverage 94 Property Value and Construction 95 Principal Taxpayers 96 Demographic Statistics 97 Miscellaneous Statistical Data 98-99 City of Boynton Beach Table of Contents (continued) Page COMPLIANCE SECTION Independent Auditor's Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Basic Financial Statements Performed in Accordance with Government Auditing Standards 100-101 Independent Auditor's Report on Compliance and Internal Control Over Compliance Applicable to Each Major Federal Program and State Project 102-103 Schedule of Expenditures of Federal Awards and State Financial Assistance 104-105 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance 106 Schedule of Findings and Questioned Costs 107-108 Management Letter 109-112 City Management's Response to the Management Letter 113 INTRODUCTORY SECTION G'itcj qf 13ognlon i! :aeh, 'lorida City Hall- 100 East Boynton Beach Boulevard, Phone: (561} 742-6312 Boynlon Beach, FL 33435 www.boynton-beach.ora March 1,2004 The Honorable Mayor, Members of the City Commission, Citizens of the City of Boynton Beach, Florida The Financial Services Depadment is pleased to submit the Comprehensive Annual Financial Report (CAFR) of the City of Boynton Beach, Florida for the fiscal year ended September 30, 2003. The report fulfills the requirements set forth in Chapter 166.241 of the Florida Statutes and the Rules of the Florida Auditor General, Chapter 10.550. In addition to meeting legal requirements, the report continues to present the City's tradition of full financial disclosure. This philosophy Js demonstrated by the informative financial analysis provided and the exhibits and stafistical tables included herein. i'o the best of our knowledge and belief the data, as presented, is accurate in all material respects; the information is presented in a manner designed to faidy present the financial position and results of operations of the City; and all disclosures necessary to enable the reader to gain an understanding of the City's financial activity have been included. The CAFR's role Js to assist in making economic, social and political decisions and to assist in assessing accountability to the citizenry by: o:* comparing actual financial results with the legally adopted budget, where appropriate; o:-assessing financial condition and results of operations; · :, assisting in determining compliance with finance related laws, rules and regulations; and · :o assisting in evaluating the efficiency and effectiveness of City operations Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the management of the City. In accordance with Governmental Accounting Standard Board (GASB) pronouncements, the City has implemented the new reporting model as provided by GASB Statement Number 34, "Basic Financial Statements - and Management's Discussion and Analysis". The new repoding model represents a dramatic change in governmental financial reporting with the intent of making them more useful and easier to understand. The change is further explained in Management's Discussion and Analysis on page 3 of this report. In addition, the City has also implemented GASB Statement Number 37, "Basic Financial Statements and Manaqement's Discussion and Analysis for State and Local Governments: Omnibus," an amendmen[of GASB Statements No. 21 and 34; Statement No. 38, Certain Financial Statement Note Disclosures"; and Interpretation No. 6, "Recognition and Measurement of Certain Liabilities and Expenditures in Governmental Fund Financial Statements". The CAFR is presented in four parts to facilitate understanding by the non-financially oriented user as well as to provide all necessary information for the most sophisticated financial observer. The Introductory Section is designed to introduce the reader to the City and summarize the financial story told in the financial statements, schedules, notes and statistical tables. The transmittal letter discusses significant aspects of financial operations during the year and capsulizes financial prospects for the future. This section includes the transmittal letter, a list of principal officials and the city's organizational chart. The Financial Section includes the independent auditors' report, Management's Discussion and Analysis, basic financial statements and the related notes to the financial statements. The basic financial statements and notes are designed to provide an overview of the City's financial position and results of operations. The remainder of this section presents the combining statements, individual fund statements and schedules focusing on each individual fund and other required supplementary information. The Statistical Section contains a number of tables and other data designed to depict historical, social, economic, and financial trends and give an overall view of the fiscal capacity of the City. The Compliance Section contains data required by the State of Florida and the Federal Single Audit Act. THE CITY Boynton Beach, Florida's Gateway to the Gulfstream is a coastal city located in southern Palm Beach County. Major Nathan S. Boynton, a native of Michigan founded the City. In 1895 Major Boynton enlisted several workmen from his native Michigan to move their families to Boynton Beach. With other settlers, the early years of our City were spent building a town, raising vegetables to supply their needs as well as the guests of the new Boynton Beach Hotel. Boynton Beach is a year-round community that offers a full complement of recreational, entertainment, shopping and dining opportunities. Easily accessible by road, rail, sea and air, Boynton Beach is a city of neighborhoods with much to offer residents, visitors and businesses. Boynton Beach is the county's third largest city and is a great place to live, work, play and learn. The City, incorporated in 1920, derives its governmental authority from a charter granted by the Legislature of the State of Florida. The City operates under a Commission/Manager form of government. Four Commissioners are elected by district for a three-year term. A Mayor is elected at large on a non-partisan basis for a three-year term. The City Commission appoints the City Manager who is the Chief Administrative Officer of the City and directs the business of the City and its various departments. The City Commission determines policy, adopts legislation, approves the City's budget, sets taxes and fees and appoints the City Attorney and members of the various boards. The City of Boynton Beach provides a full range of municipal services. The public safety program includes police, fire protection and rescue services; the City's extensive recreation program includes beaches, a pool, golf course, a library, tennis courts, neighborhood parks and boat ramps; the Municipal Services Department provides essential street and highway maintenance, sanitation and other technical assistance to the City; Utility Services Department provides water, sewer and stormwater services. The City's Development Department administers the City's Community Development Block Grant and the Section 8 Housing Assistance Grant as well as building inspection, planning & zoning and occupational licenses. The City Hall in the Mall, located in the major shopping mall on the western border, offers citizens the opportunity to pay utility bills and to sign up for recreational programs without traveling to City Hall. THE REPORTING ENTITY This report includes all of the funds of the City. In addition to general government activities, the Community Redevelopment Agency (CRA) is included in the reporting entity. ECONOMIC CONDITIONS AND OUTLOOK Greater Boynton Beach today is enjoying a renaissance that will reshape the fast-growing community for years to come. Already the third largest city in Palm Beach County, Boynton Beach is benefiting from civic initiatives and growing flow of private investment. The plans call for new residential towers, mixed-use projects and exciting attractions. In the next few years Boynton Beach will be completely transformed. New commercial and residential developments are planned or under construction along Federal Highway (US, 1) and the Intra-coastal Waterway, in the heart of Boynton Beach and in the fast-growing western corridor along Congress Avenue and Gateway Boulevard. The majority of the new projects are scheduled to break ground in 2004 and be completed in 2006. The most exiting project now being studied for eastern Boynton Beach is a museum and entertainment center called "Savage Creatures of Ancient Seas". Drawing on Boynton Beach's fishing and yachting heritage, this proposed new attraction would s~owcase prehistoric marine reptiles and fish, extinct aquatic mammals, and sharks. The building s space would be designed for large traveling exhibits and include a large-screen 4D-format Iwerks Theater. The Related Group of Florida is building Marina Village with 350 homes, shops, a restaurant and a 38 slip marina along the Intra-coastal Waterway. The homes in the project were sold out quickly. The median household income based on the 2000 Census was $39,845 and the median age was 41.8 years. The City has maintained its high level of service while lowering the ad valorem tax rate to the current $7.500 per $1,000 of taxable value. MAJOR INITIATIVES Projects approved during the past year: · :* Design phase for two new fire stations. One will replace a station in the southwest quadrant of the City and the other will be a new station in the southeast quadrant of the City. · :* Several major stormwater projects. · :- Received approval from the South Florida Water Management to increase our water storage capacity at our West Water Treatment Plant. · :- Completed final discussions and approval of the Marina Village Project. A waterfront development of townhomes, shops and marina slips. · :* Completed design of the proposed expansion of the City library. 111 Projects continuing: o:o Completion of design and begin construction of 2 fire stations. o:o Final design and begin construction of library expansion.. o:o Continue stormwater projects. Marina project to begin construction. Projects for the future: ¢* Design a meeting/clubhouse facility at Intra-coastal Park. This will be an all purpose facility overlooking the intra-coastal waterway. Residents will be able to lease the facility for private functions. ¢o Begin Phase I of restoring the old high school. This building was built Jn the early 1900's and turned over to the City by the Palm Beach County School Board. With assistance from Grants the City hopes to restore the building for use as an office/cultural facility. o:o Purchase from the Florida Inland Navigation District a parcel of land on the Intra- coastal waterway now known as Jaycee Park. o:o Begin Phase III improvements to the Senior Citizen Center. o:o Begin upgrades to the City pool located Jn the Wilson Center Complex. · :oConstruct a replacement Community Center at Wilson Center Complex. This park is located in the northeast quadrant of the City. ¢, Reconstruct the boardwalk at the City's Ocean Front Park. · **o Construct a park in the Southeast quadrant of the City. · *** Continue to look at ways to fund additional office space for our Public Safety Department as well as relocating our Communications and Information Technology Department to an area west of the City and less likely to sustain serious damage during a major storm. FINANCIAL INFORMATION Accounting and Administrative Controls City management is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. Additionally, management ensures that accounting data is adequately compiled to allow for the preparation of financial statements in conformity with U.S. generally accepted accounting principles issued by the Governmental Accounting Standards Board. Internal accounting controls are designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1} the cost of a control should not exceed the benefits likely to be derived; and (2) the evaluation of costs and benefits requires estimates and judgments by management. Single Audit As a recipient of federal, state and county financial assistance, the City also is responsible for ensuring that an adequate control structure is in place to ensure compliance with applicable laws and regulations related to those programs. This internal control structure is subject to periodic evaluation by management. The City is required to undergo an annual single audit performed under the provisions of the US Office of Management and Budget Circular A-133, Audits of States, Local Governments and Non-Profit Organizations and Chapter 10.550, Rules of the Auditor General, State of Florida. The information related to the Single Audit, including the schedule of expenditure of federal awards and state financial assistance, findings and questioned costs, and auditor's reports on the internal control and compliance with applicable laws and regulations are included in this report under the Compliance Section. iv Budgetary Controls Additionally, the City maintains budgetary controls, the objective of which is to ensure compliance with legal provisions contained in the annual appropriated budget approved by the City Commission. Annual budgets are legally adopted for activities of the general fund, special revenue fund, debt service funds and capital projects fund. Budgets are controlled at the category level and expenditures may not legally exceed appropriations at the department level without Commission approval. The City maintains an encumbrance accounting system as one technique of accomplishing budgetary control. Encumbered amounts lapse at year-end. However, encumbrances generally are reappropriated as part of the following year's budget. Cash Management The City uses a pooled cash concept for all funds under its control. Currently, the City utilizes the State Board of Administration and the Florida Municipal Investment Trust for its investments of the pooled cash funds. Money managers handle the investments for the three pension funds based on investment guidelines set up by each pension board. The guidelines are then submitted to the City Commission for approval. The City's goal is to earn the highest income, while maintaining that liquidity and safety are the most important standards of the policy. Risk Management The City is self-insured for worl<er's compensation, general liability and auto liability with coverage on excess claims contracted with commercial carriers. Resources are accumulated in an internal service fund to pay claims and to meet potential losses. The City has various rJsl< control techniques, including employee accident prevention training, safety awareness, health awareness programs and defensive driving courses. Other Information Independent Audit - Florida Statutes require that an annual financial audit be performed by an independent certified public accounting firm. Caler, Donten, Levine, Drul<er, Porter & Veil, performed the 2002/2003 audit. Awards - The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Boynton Beach for its Comprehensive Annual Financial Report ICAFRI for the fiscal year ended September 30, 2002. This was the 2.5th consecutive year the City of Boynton Beach has received the award. The Certificate of Achievement is the highest form of recognition for excellence in state and local governmental financial reporting. In order to be awarded a Certificate of Achievement, a governmental unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. Such comprehensive annual financial reports must satisfy accounting principles generally accepted in the United States of America. A Certificate of Achievement is valid for a period of one year only. We believe our current report continues to conform to Certificate of Achievement Program requirements, and we are submitting it to the GFOA. ACKNOWLEDGEMENTS The preparation and issuance of this report represents countless hours of work. Many individuals of the Financial Services Department are responsible for its completion. The highest appreciation is extended to the employees who daily maintain the financial records upon which this report is based. Special thanks must be given to Steve Davis and Mary Munro for their dedication in the coordination and completion of this document. I wish to take this opportunity to thank you and the citizens of Boynton Beach for the vital role you play in enabling the City to achieve and maintain this high degree of fiscal responsibility. Respectfully submitted, Diane Reese Director of Financial Services vi Certificate of Achievement for Excellence in Financial Reporting Presented to City of Boynton Beach, 'Florida For its Comprehensive Annual Financial R~°rt for the Fiscal Year Ended September 30, 2002 A Certificate of Achievement for Exce]lence in Financial RcpoUing is Presented by the Gov~ Finance Officers Association offlaeunited States and Canada to govermne~ units and public emplOyee retirement systems whoso comprehel~/e annual financial reports (CAFRs) achieve the highest standards in government acCOunting and financial reporting. President Executive Director vii CITY OF BOYNTON BEACH, FLORIDA ORGANIZATIONAL CHART iCity Commission Advisory Brd on Children & Youth City ttorney Bldg Brd of Adjustment & Appeals Cemetery Board Public Affairs Code Compliance Board Director of Public Affairs/Special CRA Events Community Relations Board Education Advisory Board Golf Course Advisory Board Library Board Facility & Construction __~ Asst. City Manager Nuisance Abatement Board Planning & Development Board Services Recreation & Parks Board -- Public Works i Utility Services Senior Advisory Board -Engineering Services -Drinking Water Employees' Pension Plan Board Fireflghters' Pension -Facilities Management ~ -Stormwater Police Officer's Retirement -Fleet Maintenance , -Waste Wafer -Forest & Grounds Maintenance t' Asst. Cfly Manager -Solid Waste Golf Course -Street Maintenance L t Economic Develop. Administrative Services Financial Services City Clerk .... Finance Administration Communications -Budget Human Resources -Audit I.T.S./G.I.S. -Procurement Organizational/ -Warehouse Strategic/Professional Development Risk Mgmt Public Safety - Function Areas in Bold Type Grants Team -1 Police H.O.B. Redevelopment -Code Compliance - Italics indicates Departments Neighborhood Services i -Animal Control Fire/EMS Comm./Leisure Services Department of Development Library Recreation & Parks Building -Park Planning Occupational Licensing -Park Maintenance Planning & Zoning -Recreation Programs Community Development VIII CITY OF BOYNTON BEACH, FLORIDA List of Elected and Appointed Officials December 31,2003 Elected Officials Mayor Jerry Taylor Vice-Mayor Mike Ferguson Commissioner Mack McCray Commissioner Carl McKoy Commissioner Bob Ensler Appointed Officials Kurt Bressner City Manager Wilfred Hawkins Assistant City Manager Dale Sugerman Assistant City Manager Janet Prainito City Clerk Diane Reese Finance Director William Bingham Fire Chief Marshall Gage Police Chief James Cherof City Attorney Quintus Green Dir. of Development Jeff Livergood Dir. of Public Works Arthur Lee Din of Human Resources J× FINANCIAL SECTION DRUKER, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K. CALER, ~R., CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LOUIS M. COHEN, CPA WEST PALM BEACH, FL 33401-5948 AMERICAN INSTITUTE OF DAVID S. DONTEN, CPA CERTIFIED PUBLIC ACCOUNTANTS SCOTt D. DRUKER, CPA, JD TELEPHONE (561) 832-9292 JAMES B. HUTCHISON, CPA FAX (561) 832-9455 FLORIDA INSTITUTE OF JOEL H. LEVINE, CPA CERTIFIED PUBLIC ACCOUNTANTS JAMES E MULLEN, IV, CPA info@cdlcpa.com THOMAS A. PENCE, JR., CPA SCORE L. PORTER, CPA MARK D. VEIL, CPA Independent Auditor's Report The Honorable Mayor and City Commissioners City of Boynton Beach, Florida We have audited the accompanying financial statements of the governmental activities, business-type activities, the discretely presented component unit, each major fund and the aggregate remaining fund information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2003, which collectively comprise the City's basic financial statements as listed in the table of contents. These basic financial statements are the responsibility of the management of the City of Boynton Beach, Florida. Our responsibility is to express an opinion on these basic financial statements based on our audit. We did not audit the financial statements of the Community Redevelopment Agency, a discretely presented component unit of the City, and the Police Pension Fund and the Firefighters Pension Fund, two fiduciary funds of the City, which together represent 52% and 56%, respectively, of the total assets and total additions of the Fiduciary Funds of the City. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the Community Redevelopment Agency, the Police Pension Fund and the Firefighters Pension Fund, is based on the reports of the other auditors. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit and the reports of other auditors provide a reasonable basis for our opinion. In our opinion, based on our audit and the reports of other auditors, the basic financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund and the aggregate remaining fund information of the City of Boynton Beach, Florida, as of September 30, 2003, and the respective changes in financial position and cash flows, where applicable, thereof and the respective budgetary comparison for the General Fund for the year then ended in conformity with U.S. generally accepted accounting principles. As discussed in Note 2 to the basic financial statements, the City of Boynton Beach, Florida, has implemented a new financial reporting model as of October 1, 2002, as required by the provisions of Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments; GASB Statement No. 37, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments: Omnibus; and, GASB Statement No. 38, Certain Financial Statement Note Disclosures. 1 In accordance with Government Auditing Standards, we have also issued our report dated December 19, 2003 on our consideration of the internal control over financial reporting of the City of Boynton Beach, Florida, and on our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. The information identified in the accompanying table of contents as management's discussion and analysis and the required supplementary information on pages 54 and 55 is not a required part of the basic financial statements, but is supplementary information required by U.S. generally accepted accounting principles. We and the other auditors have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively comprise the basic financial statements of the City of Boynton Beach, Florida. The introductory section, the combining and individual fund financial statements and schedules and the statistical section listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements of the City of Boynton Beach, Florida. The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance is presented for purposes of additional analysis as required by U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and Chapter 10.550, Rules of the Auditor General, and is also not a required part of the basic financial statements of the City of Boynton Beach, Florida. The combining and individual fund financial statements and schedules and the Schedule of Expenditures of Federal Awards and State Financial Assistance have been subjected to the auditing procedures applied by us and the other auditors in the audit of the basic financial statements and, in our opinion, based on our audit and the reports of other auditors, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied by us and the other auditors in the audit of the basic financial statements and, accordingly, we express no opinion on them. December l9, 2003 ~,c~! //~~ ~ {//~ /~,/~, Management's Discussion and Analysis As management of the City of Boynton Beach (the City), we offer readers of the City's financial statements this narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30, 2003. We encourage readers to consider the information presented here in coniunction with additional information that we have furnished in our letter of transmittal, which can be found on pages i - vi of this report. The City implemented Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments for the first time this year. Statement No. 34 requires the presentation of certain comparative information for the current and prior years in the Management Discussion and Analysis. However, because this is the first year presenting information under the reporting standards of Statement No. 34, certain~ comparative information for the prior year wa~ not available. Comparative information and analysis will be provided in future years when the prior year information is available. Financial Highlights · :o The assets of the City exceeded its liabilities at the close of the most recent fiscal year by $233,394,182. (net assets). Of this amount, $102,243,535 (unrestricted net assets) may be used to meet the government's ongoing obligations to citizens and creditors. · :* The City's total net assets increased by $12,736,838. Approximately 59% of this increase is attributable to governmental activities and the remaining 41% to business-type activities. · :, At the close of the current fiscal year, the City's governmental funds reported combined ending fund balances of $33,986,236, a decrease of $266,466 in comparison with the prior year. Approximately 78% of this total amount, $26,650,454 is available for spending af the government's discretion (unreserved fund balance). o:o At the end of the current fiscal year, unreserved fund balance for the general fund was $8,420,675 or 17% of total general fund expenditures and other financing uses. Of this balance $1,914,200. was designated for specific purposes/projects and subsequent years expenditures, $6,506,475 was available for new spending. In addition, $5,034,880 has been reserved by ordinance for emergencies. · :, The City's total debt decreased by $3,544,486 (5%) during the current fiscal year. Overview of the Financial Statements This discussion and analysis are intended to serve as an introduction to the City's basic financial statements. The City's basic financial statements comprise three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-wide financial statements. The government-wide financial statements are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private-sector business. The Statement of Net Assets presents information on all of the City's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The Statement of Activities presents information showing how the City's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both of the government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include general government, public safety, public works, economic environment, and culture and recreation. The business-type activities of the City include the Water and Sewer Fund, the Boynton Beach Recreational Facilities Fund, the Sanitation Fund and the Mass Transit Fund. Both of the government-wide financial statements include not only the City itself (known as the primary government), but also a legally separate Community Redevelopment Agency for which the City is financially accountable. Financial information for this component unit is reported separately from the financial information presented for the primary government itself. The government wide financial statements can be found on pages14 through 16 of this report. Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. Except for the General Fund, separate funds are established to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the City can be divided into three categories: governmental funds, proprietary funds, and fiduciary (pension) funds. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmeF~tal activities in the. government-Wide financial statements. By doing so, readers may better understand the Iong-term imPact Of the government's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City maintains twelve individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund, which is considered to be a major fund. Data from the other eleven governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these non-ma]or governmental funds is provided in the form of combining statements elsewhere in this report. The City adopts an annual appropriated budget for certain governmental funds. A budgetary comparison statement has been provided for the general fund to demonstrate compliance with this budget. The basic governmental fund financial statements can be found on pages 17 through 22 of this report. Proprietary funds. The City maintains two different types of proprietary funds. Enterprise funds are used to report for business-type activities that charge fees to customers for the use of specific goods or services. These statements are prepared on an accounting basis that is similar to the basis used to prepare the government-wide financial statements. The City uses enterprise funds to account for its water and sewer utility system, the municipal golf course, the sanitation operations and the mass transit system. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City's various functions. The City uses internal service funds to account for its fleet of vehicles, its self-insurance activities, and its warehouse operations. Because these services predominantly benefit governmental rather than business-type functions, they have been included within the governmental activities in the government-wide financial statements. Proprietary fund financial statements provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the water and sewer utility system and for the sanitation operations, both of which are considered to be major funds of the City. Conversely, the three internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the non- major enterprise funds and the individual internal service funds are provided in the form of combining statements elsewhere in this report. The City's proprietary fund financial statements can be found on pages 23 through 26 of this report. Fiduciary Funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of those funds are not available to support the City's own programs. The accounting used for fiduciary funds is much lille that used for proprietary funds. The City's FidUciary Fund financial statements can be found on pages 27 and 28. Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 29 through 53 of this report. Other information. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplemen'tary information concerning the City's progress in funding its obligation to provide pension benefits to its employees. Required supplementary information can be found on pages 54 and 55 of this report. Government-wide Financial Analysis Net Assets. As noted earlier, net assets may serve over time as a useful indicator of a government's financial position. In the case of the City, assets exceeded liabilities by $233,394,182 at the close of the most recent fiscal year. A significant portion of the City's net assets (48%) reflects its investment in capital assets (e.g., land, buildings, machinery, and equipment), less any related debt that is still outstanding. The City uses these capital assets to provide services to citizens~ consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. City of Boynton Beach Net Assets (in thousands) Governmental Business-type Activities Activities Total 2003 2003 2003 Current and other assets $ 46,188 $ 104,486 $ 150,674 Capital assets 35,699 120,056 155,755 Total assets 81,887 224,542 306,429 Long-term liabilities outstanding 15,118 44,322 59,440 Other liabilities 8,473 5,122 13,595 Total liabilities 23,59 ! 49,444 73,035 Net assets: Invested in capital assets, net of related debt 28,209 74,226 102,435 Restricted 28,716 28,716 Unrestricted 30,087 72, ! 56 102,243 Total net assets $ 58,296 $ 175,098 $ 233,394 An additional portion of the City's net assets (12%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets ($102,243,535) may be used to meet the City's ongoing obligations to citizens and creditors. At the end of the current fiscal year, the City is able to report positive balances in all three categories of net assets, both for the government as a whole, as well as for its separate governmental and business-type activities. 6 Governmental activities. Governmental activities increased the City's net assets by $7,514, thereby accounting for 59% of the total growth in the net assets of the City. City of Boynton Beach Changes in Net Assets (in thousands) Governmental Business-type Activities Activities Total 2003 2003 2003 Revenues: Program revenues: Charges for services $ 10,823 $ 34,764 $ 45,587 Operating grants and contributions 4,598 4,598 Capital grants and contributions 943 5,883 6,826 General revenues: Property taxes 21,533 1,533 Other taxes 16,184 16,184 Other 1,129 2,085 3,214 Total revenues $ 55,210 $ 42,732 $ 97,942 Expenses: General government 10,920 10,920 Public safety 28,882 28,882 Public works 1,565 1,565 Economic environment 1,552 1,552 Culture and recreation 8,662 8,662 Interest on long-term debt 672 2,519 3,191 Water and sewer 22,200 22,200 Sanitation fund 5,798 5,798 Other enterprise funds 2,435 2,435 Total expenses $ 52,253 $ 32,952 $ 85,205 Increase in net assets before transfers 2,957 9,780 12,737 Transfers 4,557 (4,557) Increase in net assets 7,514 5,223 12,737 Net assets at the beginning of the year - restated 50,782 169,875 220,657 Net assets at the end of the year $' 58,296 $ 175,098 $ 233,394 7 Expenses by Source - Governmental Activities Interest on long- term debt Culture and 1% General recreation /- government 17% // 21% Economic 3% Public works 3% Public safety 55% Revenues by Source - Governmental Activities Other Charges for 2% F services I' 19% Other t axes 28% ~ Operating grants - and contributions 8% Capital grants and contn'butions 5% Property t axes 38% Business-type activities. Business-type activities increased the City's net assets by $5,223, thereby accounting for 41% of the total growth in the net assets of the City. Expenses by Source - Business-type Activities Interest on long- Other enterprise funds ? term debt 7% / 8% Sanitation fund 18% Water and sewer 67% Revenues by Source - Business-type Activities Other Capital grants and contributions 14% Charges for Services: 81% 9 As noted eadier, the City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. GoYernmental funds. The fund financial statements for the non-major governmental funds are provided on pages 58 through 68. The focus of the City's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $33,986,236, a decrease of $266,466, in comparison with the prior year. Approximately 78% of the combined ending fund balances ($26,650,454) constitutes unreserved fund balance, which is available for spending at the governments discretian. Approximately 61% of this amount ($16,273,213) constitutes unreserved designated fund balance, which is an indication of the government's intended use of a portion of the unreserved fund balance. The remainder of fund balance ($7,335,782) is reserved to indicate that it is not available for new spending because it has already been committed' 1 ) to pay debt service ($2,200,301), 2) to provide funds for an emergency ($5,034,880), and 3) for a variety of other restricted purposes ($100,601). The general fund is the chief operating fund 'of the City. At the end of the current fiscal year, unreserved fund' balance of the general funds was $8,420,675, while the total fund balance reached $13,555,942. Of the unreserved fund balance of the general fund, 1) $1,838,624 was designated for subsequent years expenditures (included in the 2003-2004 budget), 2) $75,576 was designated for specific purposes and projects, and 3) $6,506,475 was available for new spending. As a measure of the general fund's liquidity, it may be useful to compare both unreserved fund balance and total fund balance to total fund expenditures. Unreserved fund balance represents 17% of total general fund expenditures, while total fund balance represents 30% of that same amount. The fund balance of the City's general fund decreased by $1,896,252 during the fiscal year. This is to be compared with a budgeted decrease of $3,884,959. Key factors in the $1,988,707. positive difference between actual and budgeted are as follows: · :.Intergovernmental revenues were lower than anticipated $ (297,000) · :.Interest revenue was lower than anticipated (287,000) · :.Charges for services & other revenues were greater than anticipated 930,000 · :*Total revenues were lower than anticipated by $ (346,000) · :.General government expenditures were lower than anticipated $ 988,000 · :.Culture and recreation expenditures were lower than anticipated 527,000 · *** Public safety expenditures were greater than anticipated (434,000) · :.Other departmental expenditures were lower than anticipated 183,000 Total departmental expenditures were lower than anticipated by $ 1,264,000 · *** Net other financing sources were greater than budgeted $ 379,000 Total difference in net change in fund balance between Budget and actual $1,989,000 l0 Proprietary funds. The City's proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. Unrestricted net assets of the water and sewer fund amounted to $72,736,306, those for the municipal golf course amounted to $623,757, the sanitation fund amounted to $188,871, and the mass transit fund at the end of the year amounted to, and $58,143. The total growth Ireductionl in net assets for these funds was $6,096,878, $307,047, $274,363, and $14,419} respectively. Other factors concerning the finances of these funds have already been addressed in the discussion of the City's business-type activities. General Fund Budgetary Highlights Differences between the original budget and the final amended budget were relatively minor and can be summarized as follows: Bud.qet Increase Ori.qinal Final I Decrease) Planning and zoning $ 821,016 $ 862,189 $ 41,173 Protective inspections 2,624,171 2,604,309 { 19,862) Occupational licenses 148,833 127,522 I 21,311) $ - Capital Asset and Debt Administration Capital assets. The City's investment in capital assets for its governmental and business- type activities as of September 30, 2003, amounts to $155,755,175 {net of accumulated depreciationl. This investment in capital assets includes land, buildings, improvements, machinery and equipment, park facilities, and streets {with the exception of certain infrastructure of the governmental activities acquired prior to October 1,2002, which is not reported). GASB Statement No. 34 requires infrastructure acquired prior to October 1,2002 to be reported by the fiscal year ending September 30, 2007. The total increase in the City's investment in capital assets for the current fiscal year was five percent la nine and one-half percent increase for governmental activities and a four percent increase for business-type activities). Ma]or capital asset events during the current fiscal year included the following: · :* The expansion and improvements of Boat Club Park, a $1,100,000 project. · :. The near completion of Intra-coastal Park, a $1,700,000 project · :* The purchase of land, for a fourth fire station in the south-east quadrant of the City, for $1,850~000. City of Boynton Beach Capital Assets {net of depreciation in thousands) Governmental Business-type Activities Activities Total 2003 2002 2003 2002 2003 2002 Land $ 5,5345 3,233 $ 4,159 $ 4,159 $ 9,693 $ 7,392 Buildings and improvements 14,751 14,117 50,859 50,304 65,610 64,421 Machinery and equipment 13,352 14,227 16,833 15,763 30,185 29,990 Infrastructure 289 45,336 44,143 45,625 44,143 Construction in progress 1,773 1,037 2,869 1,216 4,642 2,253 Total ~35,699 ~32,614 ~120,056 ~115,585 ,~ 55,755 ~148,199 Additional information on the City's capital assets can be found in Note 4 on page 43 of this report. ll Long-term debt. At the end of the current fiscal year, the City had total debt outstanding of $57,473,000. Of this amount $3,033,000 is a general obligation note payable. The remainder of the debt, $54,440,000, represents bonds secured solely by specified revenue sources (i.e., revenue bonds). City of Boynton Beach Bonded Debt and Note Payable (in thousands) Governmental Business-type Activities Activities Total 2003 2002 2003 2002 2003 2002 Revenue bonds $ 9,450 $10,850 $ 44,990 $ 46,255 $ 54,440 $ 57,105 Note payable 3,033 3,918 3,033 3,918 Total bonds and note $ 12,483 $14,768 $44,990 $46,255 $57,473 $ 61,023 The City's bonded debt and note payable decreased by $3,549,863, or 6% during the current year. The decrease is mostly accounted for by the scheduled principal payments, all of which were made when due. $495,000 of the decrease is attributable to the early redemption of recreational facilities revenue bonds that would have otherwise been due on November 1,2003. All bonds of the City maintain a "AAA" rating from Standard & Poor's and a "Aaa" from Moody's Investors Services, Inc. Additional information on the City's long-term debt can be found in Note 4 on pages 45 to 48 of this report. Economic Factors and Next Year's Budgets and Rates **** Based on information obtained from the U.S. Department of Labor, Bureau of Labor Statistics, the national unemployment rate at the end of 2003 stood at 5.7% compared to 6.0% at the end of 2002. Comparing favorably to that is the unemployment rate for Palm Beach County, which was 4.8% at the end of 2003 compared to 5.0% for the same period in 2002. The State of Florida was at 4.7% at the end of 2003 and 5.3% in 2002. ¢* Inflationary trends in the region on average for fiscal year 2003 were substantially the same as similar national indices li.e. Consumer Price Index). All of these factors were considered in preparing the City's budget for the 2003/2004 fiscal year. During the current fiscal year, unreserved fund balance in the General Fund increased to $8.4 million. The City has appropriated $1.8 million of this amount for spending in the 2003/2004 fiscal year budget. The solid waste rates for multi-family collection will be raised in the second half of the fiscal year. The increase is necessary to equitably distribute the financing of operational expenses. 12 Requests for Information This financial report is designed to provide a general overview of the City's finances for all those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the: Office of the Director of Financial Services 100 East Boynton Beach Boulevard Boynton Beach, FL 33435. Phone: (561) 742-6310 Diane Reese, Director of Financial Services City of Boynton Beach, Florida BASIC FINANCIAL STATEMENTS City of Boynton Beach, Florida Statement of Net Assets September 30, 2003 Component Primary Government Unit Community Governmental Business-type Redevelopment Activities Activities Total Agency ASSETS Cash and cash equivalents $ 41,442,483 $ 50,221,469 $ 91,663,952 $ 5,206,894 Investments 1,500,000 1,500,000 Receivables, net 1,096,006 1.908,633 3,004,639 1,206 Due from other governments 1,262,297 1,262,297 Internal balances 1,450,809 (1,450,809) Prepaid items 187,248 19,602 206,850 4,157 Notes receivable - current 48,456 48,456 Inventories 701,346 60,017 761,363 Investment in joint venture 19,137,075 19,137,075 Deferred charges 421,449 421,449 Restricted assets - cash and cash equivalents 32,667,883 32,667,883 Capital assets, net 35,698,874 120,056,301 155,755,175 880,809 Total assets 81,887,519 224,541,620 306,429,139 6,093,066 LIABILITIES Accounts payable and accrued liabilities 1,478,163 742,945 2,221,108 32,586 Accrued interest payable 271,181 271,181 5,071 Refundable deposits 313,145 271,939 585,084 Other payables 174,296 174,296 Unearned revenue 2,211,623 2,211,623 Liabilities payable from restricted assets: Customer deposits 1,232,966 1,232,966 Bonds payable 1,415,000 1,415,000 Accrued revenue bond interest 1,006,158 1.006,158 Other payables 297,865 297,865 Noncurrent liabilities: Due within one year: Bonds and notes payable 2,401,201 2,401,201 135,994 Compensated absences 549,658 154,211 703,869 Provision for insurance losses 1,074,101 1,074,101 Due in more than one year: Bonds and notes payable 10,082,153 42,552,428 52,634,581 2,616,351 Compensated absences 3,521,883 1,032,023 4,553,906 7,262 Provision for insurance losses 1,513,986 1,513,986 Other payables 738,032 738,032 Total liabilities 23,591,390 49,443,567 73,034,957 2,797,264 NET ASSETS Invested in capital assets, net of related debt 28,208,862 74,225,891 102,434,753 880,809 Restricted for: Capital improvements 21,503,602 21,503,602 Revenue bond covenants 7,212,292 7.212,292 Unrestricted 30,087,267 72,1 56,268 102,243,535 2,414,993 Total net assets $ 58,296,129 $ 175,098,053 $ 233,394,182 $ 3,295,802 The notes to the financial statements are an integral part of this statement. 14 City of Boynton Beach, Florida Statement of Activities For the Year Ended September 30, 2003- Program Revenues Charges for Services, Fees Operating Capital Fines and Grants and Grants and Expenses Forfeitures Contributions Contributions Functions/Programs Primary government: Governmental activities: General govemment $ 10,920,258 $ 5,398,659 $ $ Public safety 28,881,604 3,238,727 3,050,913 Public works 1,564,832 Economic environment 1,551,919 322,197 1,434,236 Culture and recreation 8,661,942 1,863,176 113,144 942,577 Interest on long-term debt 671,892 Total governmental activities 52,252,447 10,822,759 4,598,293 942,577 Business-type activities: Water and sewer 24,703,738 25,582,666 5,882,779 Sanitation fund 5,797,519 6,646,297 Other enterprise funds 2,450,664 2,535,044 Total business-type activities 32,951,921 34,764,007 5,882,779 Total primary government $ 85,204,368 $ 45,586,766 $ 4,598,293 $ 6,825,356 Component unit Community redevelopment agency 1,046,690 Total component unit $ 1,046,690 $ $ - $ General Revenues: Property taxes Tax increment Franchise taxes Public service taxes Communications services tax Sales tax Gas tax State revenue sharing Interest Other Transfers Total general revenue and transfers Change in net assets Net assets - beginning of fiscal year Net assets - end of fiscal year 15 Net (Expense) Revenue and Change in Net Assets Component Primary Government Unit Community Governmental Business-type Redevelopment Activities Activities Total Agency $ (5,521.599) $ - $ (5,521,599) $ (22,591,964) (22,591,964) (1,564.832) (1,564,832) 204,514 204.514 (5,743,045) (5,743,045) (671,892) (671,892) (35,888,818) (35,888,818) 6,761,707 6,761,707 848,778 848,778 84,380 84,380 7,604,865 7,694,865 (35,888,818) 7,694,865 (28,193,953) (1,046,690) - - (1,046,690) 21,532,538 21,532,538 1,330,409 5,483,227 5,483,227 1.788,021 1,788,021 1,821,365 1,821,365 4,387,757 4,387,757 1,252.651 1,252,651 1,450,799 1,450,799 1,080,555 1,877,358 2,957,913 79,667 48,582 207,938 256,520 4,557,101 (4,557,101) 43,402.596 (2,471,805) 40.930,791 1,410,076 7,513,778 5,223,060 12,736,838 363,386 50,782,351 169,874.993 220,657,344 2,932,416 $ 58,296,129 $ 175,098,053 $ 233,394,182 $ 3,295,802 The notes to the financial statements are an integral part of this statement. 16 City of Boynton Beach, Florida Balance Sheet Governmental Funds September 30, 2003 Other Total Governmental Governmental General Funds Funds ASSETS Cash and cash equivalents $ 15,249,103 $ 20,284,046 $ 35,533,149 Receivables, net 793,750 793,750 Due from other governments 1,262,297 1,262,297 Other receivables 301,952 301,952 Prepaid items 51,931 320 52,251 Note receivable 48,456 48,456 Inventories 2,920 2,920 Total assets $ 16,146,160 $ 21,848,615 $ 37,994,775 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable $ 612,121 $ 40,102 $ 652,223 Accrued liabilities 680,840 16,411 697,251 Refundable deposits 294,697 18,448 313,145 Other payables 134,297 134,297 Unearned revenue 1,002,560 1,209,063 2,211,623 Total liabilities 2,590,218 1,418,321 4,008,539 Fund balances: Reserved for: Prepaid items 51,931 320 52,251 Long-term note receivable 48,456 48,456 Debt service 2,200,301 2,200,301 Emergency 5,034,880 5,034,880 Unreserved, designated: Designated for specific purposes and projects 75,576 9,080,736 9,156,312 Designated for subsequent year's expenditures 1,838,624 5,278,171 7,116,795 Unreserved, undesignated, reported in: General fund 6,506,475 6,506,475 Special revenue funds 3,870,766 3,870,766 Total fund balances 13,555,942 20,430,294 33,986,236 Total liabilities and fund balances $ 16,146,160 $ 21,848,615 $ 37,994,775 The notes to the financial statements are an integral part of this statement 17 City of Boynton Beach, Florida Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets September 30, 2003 Fund balances - total governmental funds $ 33,986,236 Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. 28,761,085 Governmental funds do not report a liability for accrued interest until it is due and payable. Accrued interest must be reported as a liability in the government-wide financial statements. (271,181 ) Internal service funds are used by management to charge the costs of fleet management, risk management, and the warehouse to individual funds. The assets and liabilities of the internal service funds are included in governmental activities in the statement of net assets. 10,803,573 Long-term liabilities, including bonds payable and compensated absences, are not due and payable in the current pedod and therefore are not reported in the govemmental funds. At year end these liabilities consisted of: Bonds payable (12,483,354) Compensated absences (3,951,039) (16,434,393) Consolidation adjustment to Enterprise Funds for Internal Service Funds look-back 1,450,809 Net assets of govemmental activities $ 58,296,129 The notes to the financial statements are an integral part of this statement 18 City of Boynton Beach, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances Governmental Funds For the Year Ended September 30, 2003 Other Total Governmental Governmental General Funds Funds REVENUES Taxes $ 26,635,848 $ 6,595,365 $ 33,231,213 Licenses and permits 3,076,313 3,076,313 Intergovernmental 7,006,757 2,916,619 9,923,376 Charges for services 2,606,569 910,125 3,516,694 Special assessments 2,702,616 2,702,616 Fines and forfeitures 187,560 255,003 442,563 Rents and royalties 176,299 176,299 Interest 613,260 368,995 982,255 Donations 724,552 724,552 Miscellaneous 55,264 267,184 322,448 Total revenues 40,357,870 14,740,459 55,098,329 EXPENDITURES Current: General government 9,508,757 324,753 9,833,510 Public safety 26,138,416 739.915 26,878,331 Public works 1,162,626 300 1,162,926 Economic environment 157,363 1,380,377 1,537,740 Culture and recreation 6,803,425 715,391 7,518,816 Capital outlay 823,446 5,952,916 6,776,362 Debt service: Principal retirement 2,264,863 2,284,863 Interest charges 719,280 719,280 Total expenditures 44,594,033 12,117,795 56,711,828 Revenues over (under) expenditures (4,236,163) 2,622,664 (1,613,499) OTHER FINANCING SOURCES (USES) Transfers in 4,227,364 4,729,578 8,956,942 Transfers out (1,887,453) (5,722,456) (7,609,909) Total other financing sources and uses 2,339,911 {992,878) 1,347,033 Net change in fund balances (1,896,252) 1,629,786 (266,466) Fund balances - beginning 15,452,1 94 18,800,508 34,252,702 Fund balances - ending $ 13,555,942 $ 20,430,294 $ 33,986,236 The notes to the financial statements are an integral part of this statement 19 City of Boynton Beach, Florida Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities For the Year Ended September 30, 2003 Net change in fund balances - Total Governmental Funds $ (266,466) Difference in amounts reported for Governmental Activities in the Statement of Activities: Capital outlay, reported as expenditures in Governmental Funds, are shown as capital assets in the Statement of Net Assets. 6,776,362 Depreciation expenses on governmental capital assets included in the Governmental Activities in the Statement of Activities. (3,172,218) Net cost of capital asset dispositions (110,776) Repayment of long-term debt is reported as an expenditure in Governmental Funds, but as a reduction of long-term liabilities in the Statement of Net Assets. 2,284,863 Payment of accrued interest is an expenditure in the Governmental Funds, but is a reduction of liabilities in the Statement of Net Assets. 47,386 Payment of compensated absences is reported as an expenditure in Governmental Funds. but is a reduction of long-term liabilities in the Statement of Net Assets. 106,452 The net revenues of the Internal Service Funds are reported with Governmental Activities. Consolidation adjustment to Governmental Activities for Internal Service Funds look-back (1,472,689) Nonoperating revenue 110,796 Transfers from Business-type Activities to Internal Service Funds 1,366,502 Elimination of transfers to Internal Service Funds from Governmental Activities 1,843,566 Changes in net assets of Governmental Activities $ 7,513,778 The notes to the financial statements are an integral part of this statement 2O City of Boynton Beach, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund For the Year Ended September 30, 2003 Variance with Final Budget - Budgeted Amounts Positive Original Final Actual (Negative) REVENUES Taxes $ 25.900.519 $ 27.484.987 $ 27.471.477 $ (13.510) Licenses and permits 2.785.165 2.785.165 3.076.313 291.148 Intergovernmental 8.887.976 7.303.508 7.006.757 (296.751) Charges for services 2,070,096 2,070,096 2,606,569 536,473 Fines and forfeitures 167,000 167,000 187,560 20,560 Rents and royalties 45,000 45,000 176,299 131,299 Interest 900,000 900,000 613,260 (286,740) Miscellaneous 91,400 91,400 55,264 (36,136) Total revenues 40,847,1 56 40,847,1 56 41,193,499 346,343 EXPENDITURES General government: Mayor and commission 101.071 101.071 91.749 9.322 City manager 425.556 425.556 457.643 (32.087) Public affairs 269.097 269.097 162.589 106.508 Special events 207.608 207.608 184.832 22.776 City clerk 425.771 425.771 452.857 (27.086) Financial services 758.036 758.036 723.694 34.342 Procurement services 247.048 247.048 233.259 13.789 Information technology 1.685.110 1.685.110 1.507.490 177.620 Geographical information services 605.934 605.934 438.157 167.777 Human resources 595.371 595.371 521.769 73.602 Professional development 252.992 252.992 233.955 19.037 City attomey 403.645 403.645 512.259 (108.614) Planning and zoning 821.016 862.189 808.941 53.248 Facilities management 1.372.863 1.372.863 1.327.122 45.741 City hall general administrative 1.038.018 1.038.018 632.119 405.899 Communications 1.542.563 1.542.563 1.498.747 43.816 Special projects - 17.750 (17.750) Total general government 10.751.699 10.792.872 9.804.932 987.940 Public safety: Police 13.712.299 13.712.299 14.159.833 (447.534) Fire 8.744.022 8.744.022 9.237.876 (493.854) Protective inspections 2.624.171 2.604.309 2.156.389 447.920 Occupational licenses 148.833 127.522 126.324 1.198 Code compliance 680.647 680.647 646.478 34.169 Animal control 149.116 149.116 125.397 23.719 Total public safety 26.059.088 26.017.915 26.452.297 (434.382) (Continued) 21 City of Boynton Beach. Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund For the Year Ended September 30, 2003 Variance with Final Budget - Budgeted Amounts Positive Original Final Actual (Negative) Public works: Administration 269.359 269.359 268.911 448 Streets maintenance 1.025.615 1.025.615 901.807 123.808 Total public works 1.294.974 1.294.974 1.170.718 124.256 Economic environment: Neighborhood projects 282.739 282.739 224.155 58.584 Total economic environment 282.739 282.739 224.155 58.584 Culture and recreation: Library 1.692.935 1.692.935 1.580.797 112.138 Recreation 2.603.400 2.603.400 2.322.875 280.525 Parks 3.172.869 3.172.869 3.038.259 134.610 Total culture and recreation 7.469.204 7.469.204 6.941.931 527.273 Total expenditures 45.857.704 45.857.704 44.594.033 1.263.671 Revenues over (under) expenditures (5.010.548) (5.010.548) (3.400.534) 1.610.014 OTHER FINANCING SOURCES (USES) Transfers in 4.081.800 4.081.800 4.227.364 145.564 Transfers out (2.956.211 ) (2.956.211 ) (2.723.082) 233.129 Total other financing sources and uses 1.125.589 1.125.589 1.594.282 378.693 Net change in fund balances $ (3.864.959) $ (3.884.959) $ (1.896.252) $ 1.988.707 The notes to the financial statements are an integral part of this statement 22 City of Boynton Beach, Florida Statement of Net Assets Proprietary Funds September 30, 2003 Governmental Business-Type - Enterprise Funds Activities - Other Internal Water and Sanitation Enterprise Service Sewer Fund Fund Funds Total Funds ASSETS Current assets: Cash and cash equivalents $ 49,000,150 $ 389,856 $ 831,463 $ 50,221,469 $ 5,909,334 Investments 1,500,000 1,500,000 Accounts receivable, net 1,492,742 412,657 3,234 1,908,633 304 Due from other funds 884,209 Prepaid items 14,155 1,344 4,103 19,602 134.997 Inventories 60,017 60,017 698.426 Total current assets 52,007,047 803,857 898,817 53,709.721 7,627,270 Noncurrent assets: Restricted cash and cash equivalents: Customer deposits 1,232,966 1,232,966 Revenue bond covenant accounts 9,633,450 9,633,450 Capital improvements 21,765,888 21,765,888 Federal requirement - landfill escrow 35,579 35,579 Total restricted cash and cash equivalents 32,632,304 35,579 32,667,883 Deferred charges 421,449 421,449 Investment in joint venture 19,137,075 19,137,075 Capital assets, net 117,246,875 87,645 2,721,781 120,056,301 6,937,789 Total assets 221,444.750 927,081 3,620,598 225,992,429 14,565,059 LIABILITIES Current liab~ities payable from current assets: Accounts payable 326,391 122,082 43,454 491,927 108,568 Accrued expenses 172,783 49,090 29,145 251,018 20,121 Contracts payable 39,999 Provision for insurance losses, current portion 1,074.101 Refundable deposits 271,939 271,939 Compensated absences payable 112,057 23,392 18,762 154,211 15,665 Due to other funds 884,209 Total current liabilities 883,170 194,564 91,361 1,169,095 2,142,663 Current liabilities payable from restricted assets: Customer deposits 1,232,966 1,232,966 Revenue bonds, current maturities 1,415,000 1,415,000 Accrued revenue bond interest 1,006,158 1,006,158 Contracts payable 262,286 262,286 Current portion of landfill postdosere care 35,579 35,579 3,916,410 35,579 3,951,989 Noncurrent liabilities: Revenue bonds payable, less current maturities and unamortized loss on defeasance, plus unameriized premium 42,552,428 42,552,428 Compensated absences payable 749,923 156,544 125,556 1,032,023 104,837 Arbitrage rebate payable 474,154 474,154 Provision for insurance losses, less current portion 1,513,986 Landfill postclosure care, less current portion 263,878 263,878 43,776,505 420,422 125,556 44,322,483 1,618,823 Total liabilities 48,576,085 650,565 216,917 49,443,567 3,761,486 NET ASSETS Invested in capital assets, net of related debt 71,416,465 87,645 2,721,781 74,225,891 6,937,789 Restricted for: Revenue bonds covenants 7,212,292 7,212,292 Capital improvements 21,503,602 21,503,602 U nrestdcted 72,736,306 188,871 681,900 73,607,077 3,865,784 Total net assets $ 172,868,665 $ 276,516 $ 3,403,681 $ 176,548,862 $ 10,803,573 The notes to the financial statements are an integra/part of this statement 23 City of Boynton Beach, Florida Statement of Revenues, Expenses and Changes in Fund Net Assets Proprietary Funds For the Year Ended September 30, 2003 Governmental Business-Type - Enterprise Funds Activities - Other Internal Water and Sanitation Enterprise Service Sewer Fund Fund Funds Total Funds Operating revenues: Charges for services: Water sales $ 10.888.665 $ $ $ 10.888.665 $ Sewer service 11.261.264 11.261.264 Garbage fees 6.646.297 6.646.297 Stormwater utility fees 3.144.092 3.144.092 Cart and green fees 1.806.805 1.806.805 Dues 264.741 264.741 Transportation fees 12.560 12.560 Other services 288.645 450.938 739.583 3.064.398 Total operating revenues 25.582.666 6.646.297 2.535.044 34.764.007 3.064.398 Operating expenses: Personal services and benefits 7.919.031 2.186.575 1.427.426 11.533.032 975.280 Supplies. services and claims 6.856.541 2.537.738 654.684 10.048.963 2.701.408 Depredation and amortization 6.941.316 66.860 243.534 7.251.710 2.311.208 21.716.888 4.791.173 2.325.644 28.833.705 5.987.896 Operating income (loss) 3.865.778 1.855.124 209.400 5.930.302 (2.923.498) Nonoperating revenue (expenses): Interest income 1,850,704 8,609 18,045 1,877,358 98,300 Interest expense (2,503,371 ) (15,248) (2,518,619) Loss on disposal of capital assets (96,536) (52,252) (148,788) (173,749) Miscellaneous income 192,570 6,625 8,743 207,938 186,245 (460.097) (81.302) (40.712) (582.111 ) 110.796 Income (loss) before contributions and transfers 3.405.681 1.773.822 168.688 5.348.191 (2.812.702) Capital contribuUons 5.882.779 5.882.779 Transfers in (out): Transfe rs in 101.100 7.260 176.200 284.560 3.216.406 Transfers out (3.292.682) (1.506.719) (42.260) (4.841.661) (6.338) (3.191.582) (1.499.459) 133.940 (4.557.101 ) 3.210.068 Change in net assets 6.096.878 274.363 302.628 6.673.869 397.366 Net assets - beginning of year 166.771.787 2.153 3.101.053 169.874.993 10.406.207 Net assets - end of year $ 172.868.665 $ 276.516 $ 3.403.681 $ 176.548.862 $ 10.803.573 The notes to the financial statements are an integral part of this statement 24 City of Boynton Beach, Florida Reconciliation of the Statement of Revenues, Expenses, and Changes in Fund Net Assets of Enterprise Funds to the Statement of Activities For the Year Ended September 30, 2003 Change in net assets - Enterprise Funds $ 6,673,869 Difference in amounts reported fOr Business-type Activities in the Statement of Activities: The net revenues of the Internal Service Funds are reported with Governmental Activities. This is the consolidation adjustment to Enterprise Funds for Internal Service Funds look-back. (1,450,809) Changes in net assets of Business-type Activities $ 5,223,060 The notes to the financial statements are an integral part of this statement 25 City of Boynton Beach, Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30, 2003 Govemmental Business-Type - Enterprise Funds Activities. Other Internal Water and Sanitation Enterprise Service Sewer Fund Fund Funds Total Funds Cash Flows From Operating Activities Receipts from customers and users $ 25.608.876 $ 6.609.501 $ 2.539.476 $ 34.757.853 $ 3.073.089 Payments to suppliers (6.568.461) (2.464.877) (657.625) (9.690.983) (4.068.032) Payments to employees (7.899.356) (2.532.478) (1.412.473) (11.844.307) (961.347) Net cash provided by (used in) operating activities 11.141.039 1.612.146 469.378 13.222.563 (1.956.290) Cash Flows From Non-Capital Financing Activities Transfers in 101.100 7.260 176.200 284.560 3.216.406 Transfers out (3.292.682) (1.506.719) (42.260) (4.841.661) (6.338) Net cash provided by (used in) non-capital financing activities (3.191.582) (1.499.459) 133.940 (4.557.101) 3.210.068 Cash Flows From Capital and Related Financing Activities Investment in Regional Wastewater Treatment Plant (340.854) (340.854) Acquisition of capital assets (11.158.759) (105.628) (331.921) (11.596.308) (2.035.427) Capital Contributions 2.944.377 2.944.377 Principal payments on revenue bonds (1.265.000) (955.000) (2.220.000) Interest payments on revenue bonds (2.094.351) (39.926) (2.134.277) Other proceeds 192.570 7.096 8.743 208.409 186.245 Net cash (used in) capital and related financing activities (11.722.017) (98.532) (1.318.104) (13.138.653) (1.849.182) Cash Flows From Investing Activities Interest received 1.850.704 8.609 18,045 1.877.358 98.300 Investment in securities (500.000) (500.000) Net cash provided by investing activities 1.350.704 8.609 18.045 1.377.358 98.300 Increase (decrease) in cash and cash equivalents (2.421.856) 22.764 (698.741) (3.095.833) (497.104) Cash and cash equivalents at beginning of year 84.054.310 402.671 1.528.204 85.985.185 6.406.438 Cash and cash equivalents at end of year $ 81.632.454 $ 425.435 $ 831.463 $ 82.889.352 $ 5.909.334 Reconciliation of Operating Income (Loss) to Net Cash Provided by (Used in) Operating Activities: Operating income (loss) $ 3.865.778 $ 1.855.124 $ 209.400 5.930.302 $ (2.923.498) Adjustments to reconcile operating income (loss) to net cash provided by (used in) operating activities: Depredation and amortization 6.941.316 66.860 243.534 7.251.710 2.311.208 Provision for doubtful accounts (191.921 ) (31.310) (223.231) Changes in operating assets and liabilities: Accounts receivable 218.131 (5.486) 4.432 217.077 (304) Other receivables 8.995 Prepaid items (24.939) (1.221) (1.856) (28.016) (127.213) Inventories 2.530 2.530 37.477 Restricted assets 480.399 480.399 Accounts payable (167.400) (241.502) (3.615) (412.517) (226.953) Accrued expenses 29.313 12.951 6.298 48.552 4.448 Landfill postdosure care (35.579) (35.579) Provision for insurance losses (1.049.935) Compensated absences payable (9.638) (7.691) ~ 8.655 (8.674) 9.485 Total adjustments 7.275.261 (242.978) 259.978 7.292.261 967.208 Net cash provided by (used in) operating activities $ 1%141r039 $ lr612~146 $ 469~378 $ 13~222~503 . $ (1~956~290) The notes to the financial statements are an integral part of this statement 26 City of Boynton Beach, Florida Pension Trust Funds Statement of Net Assets September 30, 2003 Total Pension Plans Assets Cash and cash equivalents $ 2,194,803 Investments 124,833,674 Interest and dividend receivable 485,487 Other receivables 2,442,388 Prepaid items 1,715 Total assets 129,958,067 Liabilities Liabilities: Accounts payable 185,204 Net assets held in trust for pension benefits $ 1297772,863 The notes to the financial statements are an integral part of this statement 27 City of Boynton Beach, Florida Pension Trust Funds Statement of Changes in Net Assets For the Fiscal Year ended September 30, 2003 Total Pension Plans Additions: Contributions: Employer $ 3,524,327 Plan members 2,871,219 State 1,083,093 Total contributions 7,478,639 Investment income: Net appreciation in the fair value of investments (realized and unrealized) 13,894,844 Interest 2,077,879 Dividends 821,753 Miscellaneous 196~857 16,991,333 Less investment expenses Custodian fees 571,645 Net investment income 16,419,688 Total additions 23,898,327 Deductions: Benefits 6,016,546 Refunds of contributions 341,434 Other operating expenses 270,813 6,628~793 Net increase 17,269,534 Net assets held in trust for pension benefits - beginning of fiscal year 112,503,329 Net assets held in trust for pension benefits - end of fiscal year $ 129~772~863 The notes to the financial statements are an integral part of this statement 28 City of Boynton Beach, Florida Notes to Financial Statements September 30, 2003 1. Significant Accounting Policies Reporting Entity The City of Boynton Beach (the City) is a Florida municipality established in 1920 by the Laws of Florida, Section 24398, pursuant to the authority provided in Chapter 165, Florida Statutes, and is governed by an elected five member Commission. It provides a full range of municipal services including public safety, planning and zoning, sanitation, highways and streets, recreation and park facilities, public improvements, water and sewer service, and general administration functions. Under governmental accounting and financial reporting standards, the City's reporting entity consists of the primary government, organizations for which the primary government is financially accountable, and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the City's financial statements to be misleading or incomplete. The primary government is considered financially accountable if it appoints a voting majority of an organization's goveming body and imposes its will on that organization. The primary government may also be financially accountable if an organization is fiscally dependent on the primary government regardless of the authority of the organization's governing board. Legally separate organizations outside of the primary government which meet the criteria for financial accountability are considered component units of the reporting entity. Discretely Presented Component Unit. The Community Redevelopment Agency (CRA) was established under the authority of Florida Statute Chapter 163, Part III and City Ordinance number 90-21 to finance and develop certain targeted areas in the City. Because the Mayor and City Commissioners appoint the goveming board of this entity and approve its budget the City is considered financially accountable for the CRA. The CRA has a September 30 year-end and is reported as a discretely presented component unit. The governing board of the CRA is a separate slate of members appointed by the City Commission. Accordingly, the CRA meets the criteria for discrete presentation. The CRA issues separate financial statements that can be obtained at their administrative offices, 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435. The South Central Regional Wastewater Treatment and Disposal Board (the Board) is a dependent special district created by the Cities of Boynton Beach and Delray Beach to operate a regional wastewater treatment facility. The Board's governing body is comprised of the City Commissions of Boynton Beach and Delray Beach, and control and oversight are exercised equally by both cities. The Board has been reported as a joint venture using the equity method of accounting as discussed in Note 4. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the statement of net assets and the statement of activities) report information on all of the nonfiduciary activities of the City and its component unit. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not propedy included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the govemment-wide financial statements. Major individual govemmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. 29 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City Considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgements, are recorded only when payment is due. Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of the special assessment receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the City. The City reports the following major governmental funds: The General Fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The City reports the following major proprietary funds: The Water and Sewer Fund accounts for the activities related to providing water, wastewater and stormwater services to the public. The Sanitation Fund accounts for the activities related to providing trash collection and disposal services to the public. Additionally, the City reports the following fund type: Internal Service Fund account for the activities related to providing fleet services, risk management, and warehouse services to other departments of the City. Pension Trust Fund account for the activities of the City's General Employees' Pension Plan and the Police and Firefighters' Retirement System that accumulate resources fo r pension benefits and disability benefit payments. The City maintains its accounting records in accordance with the principles and policies applicable to governmental units set forth by the Govemmental Accounting Standards Board (GASB) as well as accounting principles promulgated by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board (FASB), which collectively comprise accounting principles generally accepted in the United States (GAAP) applicable to governments. The proprietary funds do not apply FASB statements and interpretations issued after November 30, 1989. 3O City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) As a general rule the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are interfund charges that, if eliminated, would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the water and sewer, sanitation, and other enterprise funds, and of the City's internal service funds are charges to customers for sales and services. Operating expenses for enterprise funds and internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed. Cash and Cash Equivalents Cash and cash equivalents consist of cash and investments in U.S. Government securities held under overnight repurchase agreements, Florida Municipal Investment Trust administered by the Florida League of Cities, and the Local Government Surplus Funds Trust Fund account administered by the State Board of Administration (SBA). Cash balances and requirements of all funds are considered in determining the amount to be invested. Interest earned on pooled cash and investments is allocated to funds based on their average daily cash balances. As of September 30, 2003, the City maintained a $688,360 compensating balance under its banking services agreement. The Florida Municipal Investment Trust (FMIT) and the SBA Trust Fund referred to in the preceding paragraph are external investment pools as defined in GASB Statement No. 31, and the City's investments in these funds are considered cash equivalents due to their highly liquid nature. Investments in the SBA Trust Fund, a 2a7-1ike pool, are carried at amortized cost, which approximates fair value. A 2a7-1ike pool is not registered with the SEC as an investment company, but nevertheless has a policy that it will, and does, operate in a manner consistent with the SEC's Rule 2a7 of the Investment Company Act of 1940, which comprises the rules goveming money market funds. Conversely, FMIT is not considered to be a 2a7-1ike pool, and investments in this pool are carried at fair value. For both external investment pools, the value of the City's position is the same as the value of the pool shares. The SBA is governed by Chapter 19-7 of the Florida Administrative Code. These rules provide guidance and establish the general operating procedures for the administration of the SBA. The Office of the Auditor General performs the operational audit of the activities and investments of the SBA. The FMIT is an authorized investment under Section 218.415 (115), Florida Statutes for units of local govemment in Florida. The operation and administration of the FMIT is the responsibility of a Board of Trustees who are selected from the ranks of elected officials of governmental entities participating in the Trust. For purposes of the statement of cash flows, the City considers all highly liquid investments (including restricted assets) with an original maturity of three months or less to be cash equivalents. 31 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Investments For all funds except the pension trust funds, investments consist of U.S. Government securities and time deposits. Investments of the pension trust funds consist of money market funds, mutual funds, U.S. Government securities, corporate bonds, and common and preferred stocks. City and Pension Trust Fund investment policies do not allow investments in derivatives. All investments are reported at fair value based on quoted market prices. Purchases and sales of investments are recorded on the trade dates. Net realized gains and losses on sales of investments are reflected in current operating results as investment earnings. The calculation of realized gains and losses is separate from the calculation of the net change in the fair value of investments. Realized gains and losses on investments held at the end of the prior year and sold during the current year includes the change in fair value from the beginning of the year to the date sold. Prepaid Items Expenditures/expenses for insurance premiums and other administrative expenses extending over more than one accounting period are accounted for as prepaid items and allocated between accounting periods. Inventories Inventories are valued at average cost which approximates market. Capital Assets Capital assets, which include property, plant, equipment, and infrastructure assets are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the City as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. The assets of the proprietary funds are stated at cost or, if donated, fair market value at the date of donation. Expenditures which materially extend the useful life of existing properties are capitalized. All costs relating to the construction of facilities are capitalized including salaries, employee benefits, bond costs and interest costs. Depreciation on capital assets is computed using the straight-line method over the estimated useful lives of the related assets which are: Equipment 5-12 years Buildings and other improvements 10-40 years Water/sewer system 15-50 years Infrastructure 15-50 years 32 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Infrastructure assets of the governmental activities acquired since October 1, 2002 are reported in the government-wide financial statements. Under GASB Statement No. 34, infrastructure assets of the governmental activities acquired prior to October 1, 2002 are required to be reported. Implementation of this provision may be deferred until a future year, but must be completed by the City's fiscal year ending September 30, 2007. Governmental activities infrastructure assets include roads, bridges, streets and sidewalks~ curbs and gutters, lighting systems and similar assets that are immovable and of value only to the City. The City has historically reported business-type activities infrastructure assets in a manner consistent with the requirements of GASB Statement No. 34. Compensated Absences It is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits in varying amounts based on length of service. Upon termination, employees are paid accumulated vacation at full rates. Upon termination, employees will be compensated up to a maximum of 50% of accumulated sick leave, depending on hire date and length of service. Compensated absences are accrued when incurred in the government-wide and proprietary fund financial statements. A liability for these amounts is reported in the governmental funds only if they have matured, for example, as a result of employee resignations and retirements. Long-Term Obligations In the government-wide financial statements, and proprietary fund types in the fund financial statements, long- term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net assets. Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. Net Assets Equity in the government-wide statement of net assets is displayed in three categories: 1) invested in capital assets net of related debt, 2) restricted, 3) unrestricted. Net assets invested in capital assets net of related debt consist of capital assets reduced by accumulated depreciation and by any outstanding debt incurred to acquire, construct, or improve those assets. Net assets are reported as restricted when there are legal limitations imposed on their use by City legislation or external restrictions by other governments, creditors, or grantors. Unrestricted net assets consist of all net assets that do not meet the definition of either of the other two components. 33 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Fund Equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Unreserved fund balance amounts that are reported as designations of fund balances represent tentative plans for financial resource utilization in a future period. The following is a description of the reserves and designations used by the City: Reserved for Prepaid Items--An account used to segregate a portion of fund balance to indicate that prepaid items do not represent available, expendable resources even though they are a component of assets. Reserved for Long-Term Note Receivable--An account used to segregate a portion of fund balance to indicate that the note receivable does not represent available, expendable resources even though it is a component of assets. Reserved for Encumbrances--An account used to segregate a portion of fund balance for expenditure upon vendor performance on uncompleted purchase orders, contracts and other commitments. Reserved for Debt Service--An account used to segregate the portion of fund balance that is legally restricted to the payment of debt service on the City's outstanding general obligation and revenue bonds. Reserved for Emergency--An account used to segregate the portion of fund balance that is restricted for City emergency. Designated for Specific Purposes and Projects--Represents a designation of resources to be used for specific purposes and to provide for the completion of capital and other projects. Designated for Subsequent Year's Expenditures--Represents appropriation of resources for future operations. Net Asset Reserves Net assets of the enterprise funds are reserved for the following: Revenue Bond Covenants--Net assets of the Water and Sewer Fund reserved for revenue bond debt service represent the excess of restricted assets required for debt service under bond covenants over the related liabilities payable from restricted assets. Capital Improvements--Net assets of the Water and Sewer Fund reserved for renewal and replacement represent the excess of restricted assets required for renewal and replacement over the related liabilities payable 34 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Revenue Recognition Ad Valorem Taxes--Ad valorem taxes are assessed as of January 1 and levied the following October. They are due March 31 and become delinquent on April 1. Delinquent tax certificates are sold on June 1 and become a lien on the property. These taxes are collected by Palm Beach County and remitted to the City. Revenue is recognized at the time monies are received from Palm Beach County. At September 30, unpaid delinquent taxes are recorded as a receivable and offset by an allowance for estimated uncollectibility. Other material revenue which is susceptible to accrual includes utilities taxes, franchise taxes, interest income, state revenue sharing and garbage/trash collection income. Revenue which is not both available and measurable and is thus not susceptible to accrual includes fines and forfeitures and occupational licenses, which are presented as unearned revenues on the balance sheet. Grants Reimbursement-type grants are recorded as intergovernmental receivables and revenue when the related eligible expenditures/expenses are incurred. Amortization For proprietary fund types, bond discounts and premiums are amortized using the interest method. Deferred issuance costs are amortized using the straight-line method over the lives of the respective issues, which approximates the interest method. Losses resulting from the refinancing of proprietary fund debt are deferred and amortized over the remaining life of the old debt or life of the new debt, whichever is shorter. Interfund Transactions Transactions between funds during the year consisted of loans, services provided, reimbursements or transfers. Loans are reported as Due from Other Funds and Due to Other Funds as appropriate and are subject to elimination in the government-wide financial statements. Services, deemed to be reasonably equivalent in value, are treated as revenue and expenditures/expenses. Reimbursements are when one fund incurs a cost, charges the appropriate benefiting fund and reduces its related cost as a reimbursement. All other interfund transactions are presented as transfers. Transfers within the governmental and business-type activities are eliminated in the government-wide financial statements. Concentration of Credit Risk The City performs ongoing credit evaluations of its customers and does not require collateral. The City maintains an allowance for doubtful accounts at a level which management believes is sufficient to cover potential credit losses. Generally the allowance includes accounts over 90 days past due. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. Use of Estimates Management uses estimates and assumptions in preparing financial statements in accordance with U.S. generally accepted accounting principles. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenditures. Actual results could vary from the estimates that were used. 35 City of Boynton Beach, Florida Notes to Financial Statements (continued) 2. Reconciliation of Government-wide and Fund Financial Statements Restatement of Beginning Governmental Activities Net Assets Effective October 1, 2002, the City adopted GASB Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments. To comply with this statement, the beginning net assets of governmental activities were restated to include the governmental' fixed assets, governmental long-term debt, and the internal service funds as of September 30, 2002. Two funds, previously classified as expendable trust funds, were reclassified as special revenue funds under GASB Statement No. 34. In addition, the cumulative effects of accumulated depreciation and accrued interest payable were recognized, as well as the recording of construction in progress not previously recognized. Following is a reconciliation of the fund balance of all governmental funds, as previously reported, to the restated beginning net assets as reported in these financial statements: Fund balance, governmental funds, as previously reported September 30, 2002: General fund $15,452,194 Grants fund (reclassified as special revenue fund at October 1, 2002) (207,331) $15,244,863 Special revenue funds 2,534,376 Debt service funds 2,338,625 Capital projects funds 9,085,551 Total governmental funds at September 30, 2002 29,203,415 Expendable trust funds 5,049,287 Internal service funds 10,406,207 General fixed assets 60,343,971 General long-term debt (18,825,707) Total governmental activities at September 30, 2002 86,177,173 Cumulative effect of restatements of September 30, 2002 balances: Construction in progress not included in general fixed assets 1,037,232 Accumulated depreciation on general fixed assets (36,113,487) Accrued interest payable on general long-term debt (318,567) (35,394,822) Restated October 1, 2002 governmental activities net assets $ 50,782,351 36 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Stewardship, Compliance, and Accountability Changes in Accounting Principles - In fiscal year 2003 the City adopted three new statements of financial accounting standards issued by the GASB: Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments Statement No. 36, Recipient Reporting for Certain Shared Nonexchange Revenues - An Amendment of GASB Statement No. 33. Statement No. 37, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments: Omnibus, and amendment of GASB Statements No. 21 and 34 Statement No. 38, Certain Financial Statement Note Disclosures Statement No. 34 (as amended by Statement No. 37) represents a very significant change in the financial reporting model used by state and local governments. Statement No. 34 requires government-wide financial statements to be prepared using the accrual basis of accounting and the economic resources measurement focus. Government-wide financial statements do not provide information by fund or account group, but distinguish between the City's governmental activities and business-type activities. Significantly, the statement of net assets will include noncurrent assets which were previously recorded in the General Fixed Asset Account Group. In addition, the government-wide statement of activities reflects depreciation expenses on the City's capital assets. Also, for the most part, the effect of the interfund activity has been removed from these statements. The statement of activities demonstrates the degree to which direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include (1) charges to customers who purchase, use, or benefit from the services provided by a given function or segment and (2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment, and (3) interest income that is restricted for use on a particular function or segment. Unrestricted interest income and other items not properly included among program revenues are reported as general revenues. In addition to the government-wide financial statements, the City has prepared separate financial statements for governmental funds, proprietary funds and fiduciary funds. Governmental fund financial statements continue to use the modified accrual basis of accounting and the current financial resources measurement focus. Proprietary and fiduciary fund financial statements continue to use the accrual basis of accounting and the economic resources measurement focus. Accordingly, the accounting and financial reporting of the fund financial statements is similar to that previously presented in the City's financial statements, although the format of the financial statements has been modified by Statement No. 34. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Statement No. 34 also requires, as a component of required supplementary information, Management's Discussion and Analysis which includes an analytical overview of the City's financial activities. Statement No. 38 requires certain disclosures to be made in the Notes to the Financial Statements concurrent with the implementation of Statement No. 34. While the Statement did not affect amounts reported in the financial statements of the City, certain note disclosures have been added and or amended including descriptions of activities of major funds, future debt service obligations in five year increments, and interfund balances and transactions. 37 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Stewardship, Compliance, and Accountability (continued) Budgets and the Budgeting Process The City follows these procedures in establishing the budgetary data reflected in the financial statements: 1. Prior to July 15, the City Manager submits to the City Commission a tentative budget for consideration and approval. The budget, which is pepared by fund, function and activity, is made available to the public at this time. 2. Informal budget workshops are held by the City Commission to review the proposed budget and to obtain public comment. 3. The City advises the Palm Beach County Property Appraiser of the proposed millage rate, the rolled-back millage rate, and the day, time and place of the public hearing for budget acceptance. 4. The public hearing is held to obtain final taxpayer input and to adopt the final budget. 5. The budget and related millage rates are legally enacted through passage of an ordinance. 6. For budgetary purposes, current year encumbrances are treated as expenditures and any unencumbered budgetary appropriations lapse at fiscal year end. 7. Changes or amendments to the total budgeted expenditures of the City or a department must be approved by the City Commission. There were no amendments to total budgeted expenditures and other financing uses. However, changes within a department which do not affect the total expenditures may be approved at the administrative level. Legal level of control for appropriations is exercised at the department (by fund) level. Appropriated budgets are legally adopted for the General Fund, Local Option Gas Tax Fund, Community Improvements Fund, Recreation Program Fund (special revenue funds), 1992 General Obligation Refunding Debt Service Fund, 1993 Public Service Tax Debt Service Fund (debt service funds), Capital Improvement Fund, and Fire Rescue Capital Improvement Fund (capital projects funds) on the same modified-accrual basis used to reflect actual revenue and expenditures, except that for budgetary purposes, current year encumbrances are treated as expenditures. A nonappropriated budget is prepared for the Water and Sewer Fund, Boynton Beach Recreational Facilities Fund, Sanitation Fund, Mass Transit Fund, Vehicle Service Fund, Warehouse Fund and Self Insurance Fund. The operations of the Reserve for Parks and Recreation Facilities Fund (a special revenue fund), the Recreational and Municipal Beach Improvement Fund and all fiduciary fund types are nonbudgeted financial Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as part of the budget accounting system in the general, special revenue and capital projects funds. The City records encumbrances as an appropriation of fund balance until expended or accrued as a liability of the fund. 38 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Stewardship, Compliance, and Accountability (continued) Excess of Expenditures Over Appropriations For the year ended September 30, 2003, expenditures exceeded appropriations in the following departments of the General Fund by the indicated amount: Amount City manager $ 32,087 City clerk 27,086 City attorney 108,614 Special projects 17,750 Police 447,534 Fire 493,854 These over-expenditures were funded by available fund balance. In addition, in the Community Improvement Fund, capital outlay expenditures exceeded appropriations by $70,706. This was funded by available fund balance. Deficit Fund Equity The Self-Insurance Internal Service Fund has an accumulated deficit of $2,842,300 as of September 30, 2003. The deficit was caused by claims liabilities exceeding premiums charged to other funds and departments, and will be eliminated through future premiums. The Grants Fund has an accumulated deficit of $186,323 as of September 30, 2003. The deficit was caused by the allocation of grant interest earnings to the General Fund in previous years. This deficit will be eliminated through a transfer from the General Fund. 39 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Detailed Notes on All Funds Cash and Investments The City's bank balances as of September 30, 2003 were entirely insured either by federal depository insurance or via banks' participation as qualified public depositories pursuant to Florida Statutes, Chapter 280, "Security for Public Deposits". In accordance with GASB Statement No. 31 "Accounting and Financial Reporting for Certain Investments and for External Investment Pools", all investments have been reported at fair value. Florida Statutes authorize the City and its pension trust funds to invest in the Florida Municipal Investment Trust (FMIT) administered by the Florida League of Cities and the Local Government Surplus Funds Trust Fund (SBA) administered by the Florida State Board of Administration; negotiable direct obligations of or obligations unconditionally guaranteed by the U.S. Government; interest-bearing time deposits or savings accounts in financial institutions located in Florida and organized under federal or Florida laws; obligations of the federal farm credit banks, the Federal Home Loan Mortgage Corporation, the Federal Home Loan Bank or its district banks; or obligations guaranteed by the Government National Mortgage Association, obligations of the Federal National Mortgage Association and any additional investments specifically authorized by City Ordinance. Pension trust funds may also be invested in tax sale certificates of the State of Florida or any of its political subdivisions, preferred and common stocks of certain U.S. corporations, mutual funds and debt securities of certain U.S. corporations. The City's investments are categorized below to give an indication of the level of risk assumed by the City at year end. Category 1 includes investments that are insured or registered, or for which the securities are held by the City or its agent in the City's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department or agent in the City's name. Category 3 includes uninsured and unregistered investments for which the securities are held by third parties, or by a trust department or agent but not in the City's name. Carrying Category Amount 1 2 3 (Fair Value) Repurchase agreements $ 711,123 $ $ - $ 711,123 U.S. Government securities 4,061,422 25,706,308 29,767,730 Corporate bonds 14,116,610 14,116,610 Common stocks 56,743,982 56,743,982 $ 4,772,545 $ - $ 96,566,900 101,339,445 Investments not subject to categorization: State Board of Administration Investment Pool 74,206,655 Florida Municipal Investment Trust 43,407,217 Money market mutual funds 30,815,616 Certificates of Deposit 896,576 $ 250,665,509 Investments are reported in the basic financial statements as follows: Cash and cash equivalents $ 91,663,952 Investments 1,500,000 Restricted cash and cash equivalents 32,667,883 Fiduciary Funds 124,833,674 $ 250,665,509 4O City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Detailed Notes on All Funds (continued) Receivables Receivables as of year end for the City's individual major funds and nonmajor funds in the aggregate, including the applicable allowances for uncollectible accounts are as follows: Water & Nonmajor General Sewer Sanitation Funds Total Taxes $ 247,685 $ $ ~ $ $ 247,685 Accounts 1,058,091 1,764,748 689,175 3,234 3,515,248 Due from other governments 1,262,297 1,262,297 Notes 48,456 48,456 Other - 301,952 301,952 1,354,232 1,764,748 689,175 1,567,483 5,375,638 Less allowances for uncollectible accounts (512,026) (272,0061 (276,518) - (1,060,550) $ 842,206 $ 1,492,742 $ 412,657 $ 1,567,483 $ 4,315,088 Due from other governments: Due from Palm Beach County for grants $ 829,566 Due from State of Florida for grants 144,648 Due from U. S. Government for grants 288,083 Restricted Assets In connection with the ordinances governing the issuance of its revenue bonds, the City is required to invest and restrict certain amounts for bond requirements and capital improvements of the water and sewer system. The City is also required to segregate and restrict certain amounts collected for customer deposits and amounts received from the Board for renewal and replacement of the Regional Wastewater Treatment Plant. The amounts restricted at September 30, 2003 are summarized as follows: Water & Sewer Sanitation Total Cash and cash equivalents: Customer deposits $ 1,232,966 $ $ 1,232,966 Revenue bond covenants 9,633,450 9,633,450 Capital improvements 21,765,888 21,765,888 Federal requirements - landfill escrow 35,579 35,579 $ 32,632,304 $ 35,579 $ 32,667,883 41 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Detailed Notes on All Funds (continued) Investment in Regional Wastewater Treatment Plant In 1974, the City joined with the City of Delray Beach to form the Board, a dependent special district. The Board, which is governed by a body composed of the commission members from each city, oversees the operation of the Regional Wastewater Treatment Plant which services both cities and surrounding areas. The interlocal agreement between the City and the City of Delray Beach specifies that the Board has the authority to accept and disburse funds, transact business and enter into contracts for budgeted items. In addition, the Board has the authority, subject to approval by a majority vote of each City Commission before becoming effective, to adopt an annual budget, establish rates and charges for operations, maintenance, expansions and construction, enter into contracts for nonbudgeted items and authorize the return of any surplus funds or levy additional charges for deficits of the Board to the respective cities. No debt has been authorized or issued by the Board. Ownership of the Regional Wastewater and Treatment Plant is vested proportionately with the cities in accordance with the capital investments of each city, which to date are approximately 50% each. The Board charges each city for its share of the Board's operating expenses based on the percentage flow of wastewater from each city. For the year ended September 30, 2003 the City accounted for approximately 50% of the total wastewater flow treated by the Board, and approximately 50% of the Board's operating expenses were billed to the City. Each individual city is responsible for setting the rates and collecting charges for wastewater disposal from customers within its jurisdiction. Financial information relating to the Board as of September 30, 2003 is as follows: Total assets $ 3,694,792 Total liabilities 1,638,280 Total equity $ 2~056,512 Total revenue $ 5,555,714 Total expenses 5,640,908 Revenue under expenses before other financing sources (85,194) Other financing sources 83,179 Revenue under expenses (2,015) Fund balance, October 1, 2002 2,058,527 Fund balance, September 30, 2003 $ 2,056,512 The City accounts for its investment in the Board as a joint venture recorded on the equity method of accounting. At September 30, 2003, the City's 50% equity interest in the net assets of the Board totaled $1,028,256 and has been included in the City's Water and Sewer enterprise fund balance sheet as a component of Investment in Regional Wastewater and Treatment Plant. The Board has established a reserve for renewal and replacement of the Regional Wastewater and Treatment Plant which is funded by the monthly operating charge to the cities. The monies collected by the Board for renewal and replacement are returned to the cities in equal amounts to be invested for the Board until needed. The City reflects its equity in these funds as restricted cash and cash equivalents and restricted net assets for capital improvements in an amount equal to the actual cash and cash equivalents held by the City for the Board. At September 30, 2003, the restricted cash and cash equivalents related to these renewal and replacement funds totaled $484,167. 42 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Detailed Notes on All Funds Investment in Regional Wastewater Treatment Plant (continued) The Board does not record the capital assets of the Regional Wastewater and Treatment Plant or any depreciation thereon in its financial statements because the legal title to the assets is vested with the cities in accordance with their capital investments. Accordingly, the City has recorded depreciation expense of $819,641 for the year ended September 30, 2003 on its 50% share of the property, plant and equipment of the Board. At September 30, 2003, the City's 50% share of the capital assets of the wastewater and treatment facility totaled $30,662,256, less the accumulated depreciation thereon of $12,553,437 and is reported in the City's Water and Sewer enterprise fund balance sheet as a component of the Investment in Regional Wastewater and Treatment Plant. Separate financial statements of the Board can be obtained by contacting the Board. Capital Assets Capital asset activity for the year ended September 30, 2003 was as follows: Beginning Reclassi- Ending Balance fications Additions Deletions Balance Governmental activities: Non-depreciable assets: Land $ 3,233,360 $ $ 2,300,896 $ $ 5,534,256 Construction in progress 1,037,232 (1,070,746) 1,806,239 1,772,725 Total non-depreciable assets 4,270,592 (1,070,746) 4,107,135 7,306,981 Depreciable assets: Buildings and improvements 41,490,583 1,070,746 927,881 43,489,210 Machinery, equipment and vehicles 31,992,693 - 3,485,217 (4,516,354) 30,961,556 Infrastructure - 289,385 - 289,385 Totaldepreciable assets 73,483,276 1,070,746 4,702,483 (4,516,354) 74,740,151 Less accumulated depreciation (45,139,571) (5,483,426) 4,274,739 (46,348,258) Governmental activities capital assets, net $ 32,614,297 $ $3,326,192 $ (241,615)$ 35,698,874 Beginning Reclassi- Ending Balance fications Additions Deletions Balance Business-type activities: Non-depreciable assets: Land $ 4,159,355 $ - $ $ - $ 4,159,355 Construction in progress 1,216,458 (5,752,276) 7,404,982 - 2,869,164 Total non-depreciable assets 5,375,813 (5,752,276) 7,404,982 - 7,028,519 Depreciable assets: Buildings and improvements 63,259,251 2,779,812 604,685 (2,238) 66,641,510 Utility lines 76,619,951 1,405,720 2,369,953 (5,262) 80,390,362 Wells 10,824,040 301,772 - (1,000) 11,124,812 Golf course improvements 2,128,898 - 15,455 (16,074) 2,128,279 Machinery, equipment and vehicles 22,687,175 1,264,972 852,583 (3,403,660) 21,401,070 Total depreciable assets 175,519,315 5,752,276 3,842,676 (3,428,234) 181,686,033 Less accumulated depreciation (65,309,915) - (6,379,814) 3,031,478 (68,658,251) Business-type activities capital assets, net $115,585,213 $ $4,867,844 $ (396,7561 $120,056,301 43 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Detailed Notes on All Funds (continued) Capital Assets (continued) Depreciation expense was charged to programs/functions as follows: Governmental activities: General government $ 1,068,565 Public safety 888,646 Public works 241,492 Culture and recreation 968,073 Economic environment 5,442 Capital assets of the City's internal service funds are charged to functions based on their usage of the assets 2,311,208 Total depreciation - governmental activities $ 5,483,426 Business-type activities: Water and sewer $ 6,087,554 Recreational facilities 224,462 Sanitation 66,860 Mass transit 938 Total depreciation - business-type activities $ 6,379,814 Interfund Receivables and Payables Interfund receivable and payable balances at September 30, 2003 are summarized as follows: Interfund Interfund Receivables Payables Internal service funds: Vehicle Service Fund $ 884,209 $ Self-Insurance Fund 325,982 Warehouse Fund 558,227 $ 884,209 $884,209 Interfund Transfers Transfers In Water and Nonmajor Internal General Sewer Sanitation Funds Service Funds Total Transfers Out: General Fund $ - $ $ $ 49,028 $ 1,838,425 $ 1,887,453 Water and Sewer Fund 2,781,800 510,882 3,292,682 Sanitation Fund 550,000 101,100 855,619 1,506,719 Nonmajor Funds 895,564 7,260 4,856,750 5,142 5,764,716 Internal Service Funds 6,338 6,338 $4,227,364 $ 101,100 $ 7,260 $4,905,778 $ 3,216,406 $12,457,908 44 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Detailed Notes on All Funds (continued) Long-Term Debt Governmental activities: Beginning Ending Due Within Balance Additions Reductions Balance One Year Promissory note $ 3,918,217 $ - $ (884,863) $ 3,033,354 $ 936,201 Public service tax refunding revenue bonds, series 1993 10,850,000 - (1,400,000/ 9,450,000 1,465,000 Total note and bonds payable 14,768,217 - (2,284,863) 12,483,354 2,401,201 Compensated absences payable 4,168,507 2,385,341 (2,482,307) 4,071,541 549,658 $ 18,936,724 $ 2,385,341 $(4,767,170) $ 16,554,895 $ 2,950,859 Promissory Note - The authorized issue dated January 1, 1992 was $10,075,000 for General Obligation Refunding Bonds, Series 1992 with an interest rate ranging from 5.40% to 6.25%. On September 15, 2000, the City executed an agreement to escrow the bonds outstanding with a promissory note in the amount of $4,986,434. The net proceeds were used to purchase U.S. government securities. As a result, the 1992 bonds were considered defeased and the liability has been removed from the City's financial statements. The City refunded the bonds to obtain an economic gain of $162,000. The promissory note is outstanding at September 30, 2003 in the amount of $3,033,354 and bears interest at a rate of 5.10% per annum through maturity on September 15, 2010. The debt service requirements of the City's promissory note are as follows: Balance Outstanding at Fiscal Year Ending End of Fiscal September 30 Principal Interest Total Year 2004 $ 936,201 $ 143,120 $ 1,079,321 $ 2,316,753 2005 889,790 94,663 984,453 1,332,300 2006 500,113 51,178 551,291 781,009 2007 191,528 33,715 225,243 555,766 2008 199,998 23,773 223,771 331,995 2009-2010 315,724 16,271 331,995 $ 3,033~354 $ 362,720 $ 3,396,074 The City's legal debt limit on general obligations, based on 10% of total assessed value of real property, amounted to $385,389,000 at September 30, 2003. Public Service Tax. Refunding Revenue Bonds, Series 1993 - The authorized issue dated May 1, 1993 was $20,600,000. Bonds are outstanding at September 30, 2003 in the amount of $9,450,000 and bear interest at rates ranging from 4.90% to 5.50% per annum. Bonds maturing November 1, 2004 and thereafter are subject to redemption prior to maturity. The bonds are secured by a pledge of the public service taxes received by the City. 45 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Detailed Notes on All Funds (continued) Long-Term Debt (continued) The debt service requirements of the City's special revenue bonds are as follows: Balance Fiscal Year Outstanding Ending at End of September 30 Principal Interest Total Fiscal Year 2004 $ 1,465,000 $ 459 507 $ 1,924,507 $ 9,236,985 2005 1,545,000 383 485 1,928,485 7,308,500 2006 1,625,000 301 838 1,926,838 5,381,662 2007 1,705,000 214 405 1,919,405 3,462,257 2008 715,000 150 096 865,096 2,597,161 2009-2011 2,395,000 202 161 2,597,161 $ 9,450,000 $ 1,711 492 $11,161,492 Business-type activities: Beginning Ending Due Within Balance Additions Reductions Balance One Year Water and sewer utility revenue bonds: Series 1996 $ 21,855,000 $ $ (1,265,000) $ 20,590,000 $ 1,330,000 Series 2002 24,400,000 24,400,000 85,000 Total bonds payable 46,255,000 (1,265,000) 44,990,000 1,415,000 Compensated absences payable 1,194,908 586,109 (594,783) 1,186,234 160,142 $ 47,449,908 $ 586,109 $(1,859,783)$ 46,176,234 $ 1,575,142 The Water and Sewer Utility Revenue Bonds, Series 1996 (Series 1996 Bonds) consist of $21,855,000 current interest bonds maturing from 2002 through 2021. The Series 1996 Bonds are funded by the excess of user charges and investment income over operating expenses, and bear interest at rates ranging from 4.600% to 5.625% per annum. The debt service requirements of the City's series 1996 bonds are as follows: Balance Fiscal Year Outstanding Ending at End of September 30 Principal Interest Total Fiscal Period 2004 $ 1,330,000 $ 1,055,958 $ 2,385,958 $ 24,806,120 2005 1,640,000 983,858 2,623,858 22,182,262 2006 1,725,000 900,553 2,625,553 19,556,709 2007 1,815,000 811,145 2,626,145 16,930,564 2008 1,900,000 715,462 2,615,462 14,315,102 2009-2013 1t,140,000 1,883,945 13,023,945 1,291,157 2014-2018 595,000 183,656 778,656 512,501 2019-2021 445,000 67,501 512,501 $ 20,590,000 $ 6,602,078 $27,192,078 46 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Detailed Notes on All Funds (continued) Long-Term Debt (continued) The Water and Sewer Utility Revenue Refundinq Bonds, Series 2002 (the Series 2002 Bonds) consist of $24,400,000 current interest bonds maturing from 2003 through 2020. The Series 2002 Bonds are funded by the excess of user charges and investment income over operating expenses, and bear interest at rates ranging from 5.00% to 5.50% per annum. The debt service requirements of the City's series 2002 bonds are as follows: Balance Fiscal Year Outstanding Ending at End of September 30 Principal Interest Total Fiscal Period 2004 $ 85,000 $ 1,324,775 $ 1,409,775 $ 41,465,294 2005 90,000 1,320 400 1,410,400 40,054,894 2006 100,000 1,315 650 1,415,650 38,639,244 2007 105,000 1,310 525 1,415,525 37,223,719 2008 110,000 1,305 150 1,415,150 35,808,569 2009-2013 630,000 6,436 250 7,066,250 28,742,319 2014-2018 13,375,000 4,625 631 18,000,631 10,741,688 2019-2021 9,905,000 836.688 10,741,688 $ 24,400,000 $18,475,069 $42,875,069 Bond Resolution 96-88 of the City requires that net operating revenue of the Water and Sewer Fund be sufficient to provide an amount equal to 110% of the current fiscal year's principal and interest requirements and 100% of all amounts required to meet the current year's reserve account deposit requirements, and renewal and replacement fund requirements. The City was in compliance with this requirement for the year ended September 30, 2003. Component unit activities: Beginning Ending Due Within Balance Additions Reductions Balance One Year Promissory note $ 2,880,212 $ - $ (127,867) $ 2,752,345 $ 135,994 Compensated absences payable - 7,262 - 7,262 $ 2,880,212 $ 7,262 $ (127,867)$ 2,759,607 $ 135,994 Promissory Note - Resolution 01-01 dated September 11, 2001 of the CRA Board of Commissioners authorized the issuance of a note in the principal amount of $3,000,000 payable from tax increment revenues to finance the cost of various community redevelopment projects. Resolution R01-261 dated September 19, 2001 of the Boynton Beach City Commission authorized the CRA to issue this note and authorized the City of Boynton Beach to guaranty the obligations of the CRA under the note. The promissory note is outstanding at September 30, 2003 in the amount of $2,752,345 and bears interest at a rate of 6.56% per annum. 47 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Detailed Notes on All Funds (continued) Long-Term Debt (continued) The debt service requirements of the CPA's promissory note are as follows: Balance Fiscal Year Outstanding at Ending End of Fiscal September 30~ Principal Interest Total Year 2004 $ 135,994 $ 181,304 $ 317,298 $ 3,854,792 2005 145,708 171,590 317,298 3,537,493 2006 155,560 161,738 317,298 3,220,196 2007 166,079 151,219 317,298 2,902,898 2008 176,904 140,395 317,299 2,585,599 2009-2013 1,083,005 503,486 1,586,491 999,108 2014-2016 889,095 110,013 999,108 $ 2,752,345 ~ 1,419,745 $ 4,172,090 Defeased Bonds The City defeased certain revenue bonds in prior years by placing the proceeds of new bonds in irrevocable trust accounts to provide for all future debt service payments on the old bonds. Accordingly, the trust account assets and the liability for the defeased bonds are not included in the City's financial statements. At September 30, 2003, the principal outstanding but considered extinguished under these funding arrangements is as follows: Series 1964 $ 285,000 Series 1975B 660,000 Series 1978 400,000 Series 1992 48,395,000 $ 49,740,000 Conduit Debt Obligation In December 2002, the City issued $12,320,000 in Multi-Family Housing Mortgage Revenue Bonds (the Bonds), Series 2002 (Clipper Cove Apartments). The Bonds are limited obligations of the City, issued for the principal purpose of refunding the 1996 bonds which were issued for the purpose of refinancing a multi-family housing development, Clipper Cove Apartments (the Project), and payable solely out of funds to be provided by C/HP Cove, Inc., a Florida not-for-profit corporation whose sole asset is the Project and whose activities consist solely of operating the Project. Accordingly, such obligations are not included within the accompanying financial statements. The outstanding balance on the Bonds at September 30, 2003 was $12,320,000. The Project issued a $12,320,000 promissory note to the City for the Bonds. The City assigned the promissory note to an independent trustee for administration including all of the City's rights, title and interest in the note. Neither the faith and credit nor the taxing power of the City was pledged for the payment of the Bonds and the enforcement of payments on the Bonds may be made only against the Project. Accordingly, such obligations are not included within the accompanying financial statements. The outstanding balance on the note at September 30, 2003 was $12,320,000. 48 City of Boynton Beach, Florida Notes to Financial Statements (continued) 5. Other Information Self-Insurance The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; natural disasters; and general and automotive liability. The City has a Self Insurance Fund (an Internal Service Fund) to account for future general liability, automotive liability and workers' compensation claims. The year-end liability for self-insurance claims is accrued in the Self Insurance Fund as this will be the source of payment of these claims. Insurance claim expense is recognized when it is probable that a loss has been incurred and the amount of the loss can be reasonably estimated, and includes incurred-but-not-reported claims. The City was self-insured for workers' compensation and general liability insurance for the fiscal year ended September 30, 2003. The City carries a policy covering claims in excess of $200,000 with coverage up to a maximum of $1,000,000 per aggregate occurrence. For each of the past three years, there have been no settlements that have exceeded the City's insurance coverage. The City's liability for estimated insurance losses represents the estimated ultimate cost of settling self-insurance liability claims. The liability for estimated insurance losses was estimated by an outside actuary using accepted actuarial methods. These methods consider case-basis reserves established by the City, the rate of loss development on older claims, the effects of incurred-but-not-reported claims and the effects of inflation and other economic factors to determine ultimate cost. The City has recorded a liability for estimated insurance losses of $2,588,087. The liability falls within the actuarially determined range, from an actuarial valuation for all claims based upon the date the loss was incurred. Due to the long-term nature of many of these claims, the City considers anticipated investment income in determining the net liability for estimated insurance losses by discounting claims to the estimated present value. At September 30, 2003, the recorded liability for estimated insurance losses of $2,588,087 is based on gross claims of $2,755,428 discounted at an assumed rate of return on investments of 4.0%. The following summarizes the liability for estimated insurance loss activity for the previous two years: Beginning of Claims Claims End of Fiscal Year Expense Paid Fiscal Year 2001-2002 $ 3,712,143 $1,189,366 $(1,263,487) $ 3,638,022 2002-2003 3,638,022 128,500 (1,178,435) 2,588,087 Landfill Closure Costs The City owns property that was used prior to 1985 as a landfill. Final closure occurred during 1992 and the site is now in the postclosure care phase. This postclosure care is mandated by state and federal laws and regulations and consists of certain maintenance and monitoring functions at the landfill site for 20 years after its closure. The outstanding liability for estimated postclosure care costs of $299,457 at September 30, 2003 is recorded in the Sanitation Fund. The City maintains a landfill management escrow account as restricted cash to fund estimated postclosure costs of the landfill. Sufficient funds are maintained in this interest-bearing escrow account in order to fund the $35,979 estimated postclosure care costs to be incurred in the subsequent year. 49 City of Boynton Beach, Florida Notes to Financial Statements (continued) 5. Other Information (continued) Commitments and Contingencies The City has various long-term contractual obligations for construction projects on which work has not been completed. The approximate balances of these contracts and related commitments as of September 30, 2003 are as follows: Water and Nonmajor Internal Sewer Governmental Service Fund Funds Funds Total Total contract amount $ 4,992,214 $ 2,496,982 $ 415,142 $ 7,904,338 Interim payments on contracts 942,245 1,785,287 2,727,532 Remaining contractual commitments, September 30, 2003 $ 4,049,969 $ 711,695 $ 415,142 $ 5,176,806 The contractual commitments of the Water and Sewer Fund will be paid from the proceeds of the Water and Sewer Utility Revenue Bonds, Series 1996 and other reserves. The contractual commitments of the Nonmajor Governmental Funds and the Internal Service Funds will be paid from various sources. The City is the defendant in various lawsuits incurred in the normal course of operations, the ultimate outcomes of which are not presently determinable. Management and the City's legal counsel believe that amounts not covered by insurance, if any, resulting from these lawsuits would not materially affect the financial position of the city. Defined Benefit Pension Plans Description of Plans The City contributes to three single-employer defined benefit pension plans covering all full-time City employees: The Retirement Trust Fund covers all permanent full-time employees except those covered by the police and firefighters pension plans. Employees become vested after five years of service with the City. There is no mandatory retirement age. Retirees begin receiving monthly annuity checks the month their retirement begins and continues until death. Annuities to which retirees are entitled are equal to 3% of their final average monthly compensation times years of credited service provided the employee has completed at least 30 full years of credited service at any age; 25 or more years of credited service at age 55 or 5 or more years of credited service at age 62. Employee contributions are 7% of monthly earnings. The City's contribution is determined actuarially on an annual basis. For 2003 the annual required contribution was $1,039,900. 5O City of Boynton Beach, Florida Notes to Financial Statements (continued) 5. Other Information (continued) Description of Plans (continued) A separate stand-alone GAAP financial report is not prepared for the Retirement Trust Fund and accordingly, a statement of net assets and statement of changes in net assets for the Reitement Trust Fund at September 30, 2003 and for the year then ended are presented as follows: Statement of Net Assets Assets Cash and cash equivalents $ 1,467,080 Investments 60,319,028 Interest and dividends receivable 278,049 Other receivables 58,966 Total assets 62,123,123 Liabilities Accounts payable 42,005 Net assets Net assets held in trust for pension benefits $ 62,081,118 Statement of Chanqes in Net Assets Additions: Contributions: Employer $ 1,039,900 Plan members 1,528,226 Total contributions 2,568,126 Investment income: Net appreciation in the fair value of investments (realized and unrealized) 6,367,182 Interest 1,225,545 Dividends 478,970 8,071,697 Less investment expenses Custodian fees 223,702 Net investment income 7,847,995 Total additions 10,416,121 Deductions: Benefits 2,497,553 Refunds of contributions 300,018 Other operating expenses 112,710 2,910,281 Net increase 7,505,840 Net assets held in trust for pension benefits - beginning of fiscal year 54,575,278 Net assets held in trust for pension benefits - end of fiscal year $ 62,081,118 51 City of Boynton Beach, Florida Notes to Financial Statements (continued) 5. Other Information (continued) Description of Plans (continued) The Police Pension Fund covers all sworn police department employees. Employees are vested after 10 years of service with the City and are eligible for retirement after 20 years of service regardless of age. Employees with 10 years of credited service may retire at or after age 50 and receive a reduced retirement benefit. Monthly annuity checks begin the month an employee retires, and the amount of annuity to which the retired employee will be entitled will be equal to the number of years of credited service multiplied by 3% of average final compensation. Employee contributions are 7% of annual compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the amount the City receives from the State of Florida. The State of Florida's contributions are pursuant to Chapter 185 of the Florida Statutes which provides for a premium tax on certain casualty insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Police Pension Fund. For 2003 the annual required contribution was $1,929,458. The Firefighters Pension Fund covers all firefighters and fire department officers. Employees become vested after 10 years of service with the City and are eligible for retirement after 20 years regardless of age. Employees with 10 years of credited service may retire at or after age 50 and receive a reduced retirement benefit. Monthly annuity checks begin the month an employee retires, and the amount of the annuity to which the retired employee will be entitled will be equal to the number of years of credited service multiplied by 3% of average final compensation. Employee contributions are 7% of annual compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the amount the City receives from the State of Florida. The State of Florida's contributions are pursuant to Chapter 175 of the Florida Statutes which provides for a premium tax on certain casualty insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Firefighters Pension Fund. For 2003 the annual required contribution was $1,303,061. The benefit provisions and all other requirements of the Police Pension Fund and Firefighters Pension Fund are established by City Ordinance and are summarized as follows: The funding methods and determination of benefits payable are provided in the various acts of the Florida Legislature, which created the fund, including subsequent amendments thereto. The statutes provide, in general, that funds are to be accumulated from employee contributions, City contributions, state appropriations and income from investment of accumulated funds. The act also provides that, should the accumulated funds at any time be insufficient to meet and pay the benefits due, the City shall supplement the fund by an appropriation from current funds, or from any revenues which may lawfully be used for said purposes in an amount sufficient to make up the deficiency. The investments of the funds are administered, managed and operated by their respective Boards of Trustees. The City's external auditors did not audit the financial statements of the Police and Firefighter Pension Funds, two fiduciary funds of the City. Other auditors were engaged, who audited stand-alone financial reports, copies of which can be obtained from the pension boards by calling (561)742-6081 or by writing to Pension Administrator, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. Basis of Accounting - The City's financial statements for the three pension funds are prepared using the accrual basis of accounting. Employer and plan member contributions are recognized in the period the contributions are due. Method Used to Value Investments - Investments in the three plan funds are reported at fair value according to the independent custodian for each plan using various third-party pricing sources. 52 City of Boynton Beach, Florida Notes to Financial Statements (continued) 5. Other Information (continued) Description of Plans (continued) Actuarial Methods and Significant Assumptions Retirement Police Firefighters Trust Pension Pension Fund Fund Fund Valuation date 10/1/2002 10/1/2002 10/1/2002 Actuarial cost method Entry age Frozen entry age Frozen entry age Amortization method Level percent, Level percent of Level percent of closed payroll, closed payroll, closed Remaining amortization period 28 29 29 Asset valuation method Four year Five year Five year smoothed market smoothed market smoothed market Actuarial assumptions: Investment rate of return 8.0% 8.5% 8.5% Projected salary increases 4.2%-7.8% 5.0%-6.5% 6.5% Inflation increase 3.5% 4.0% 4.0% Trend Data Contribution Requirements and Contributions Made Year ended Annual Pension Percentage of Net Pension September 30 Cost (APC) APC Contributed Obligation Retirement Trust Fund 2003 $ 1,040,690 99.9% $ (8,587) 2002 596,841 99.9% (9,377) 2001 687,500 99.9% (10,248) Police Pension Fund 2003 $ 1,933,248 111.0% $ (281,604) 2002 1,057,424 99.9% (69,576) 2001 744,932 99.8% (73,137) Firefi~lhters Pension Fund 2003 $ 1,303,837 109.1% $ (134,233) 2002 826,040 99.9% (15,826) 2001 288,681 126.7% (16,699) Contributions Made In 2003 the actual contributions made to the Retirement Trust Fund, Police Pension Fund and Firefighters Pension Fund were $1,039,900; $2,145,276; and $1,422,244, respectively. Postretirement Benefits The City offers continuation of health and life insurance benefits to employees upon retirement. The full cost of such benefits are paid by the retirees, and the City has no liability for postretirement benefits. 53 City of Boynton Beach, Florida Required Supplementary Information Schedules of Funding Progress September 30, 2003 In Thousands Actuarial Unfunded Accrued Unfunded (Assets in Excess) Actuarial Liability (Assets in AAL as a Actuarial Value of (AAL)m Excess of) Funded Covered Percentage of Valuation Assets (**) AAL Ratio Payroll Covered Payroll Date (a) (b) (b-a) (a/b) (c) [(b-a)lc] General Employee Pension Fund 10/1/1997 42,227 41,351 (876) 102.1 14,485 (6.0) 10/1/1998 47,971 46,076 (1,895) 104.1 15,946 (11.9) 10/1/1999 53,943 49,546 (4,397) 108.9 17,094 (25.7) 10/1/2000 60,452 57,605 (2,847) 104.9 18,984 (15.0) 10/1/2001 62,194 65,223 3,029 95.4 20,548 14.7 10/1/2002 62,227 69,575 7,348 89.4 20,937 35.1 Police Pension Fund 10/1/1997 22,899 24,413 1,514 93.8 6,330 23.9 10/1/1998 26,379 25,932 (447) 101.7 6,225 (7.2) 10/1/1999 28,957 29,771 814 97.3 7,121 11.4 10/1/2000 32,560 33,727 1,167 96.5 6,908 16.9 10/1/2001 34,332 37,716 3,384 91.0 6,555 51.6 10/1/2002 32,133 40,604 8,471 79.1 7,382 114.8 Firefighters Pension Fund 10/1/1997 22,221 23,724 1,503 93.7 4,239 35.5 10/1/1998 24,978 25,301 323 98.7 4,544 7.1 10/1/1999 28,291 28,287 (4) 100.0 5,083 (0.1) 10/1/2000 31,629 29,403 (2,226) 107.6 5,305 (42.0) 10/1/2001 33,398 34,917 1,519 95.6 5,202 29.2 10/1/2002 33,877 39,432 5,555 85.9 5,143 108.0 ** Actuarial cost methods used: General Employee Pension Fund Entry Age Police and Firefighters Pension Funds Frozen Entry Age 54 City of Boynton Beach, Florida Retirement Trust Fund Schedule of Contributions from Employer For the Last Six Years September 30, 2003 Annual Required Percentage Year Ended Contribution Contributed September 30~ General Employee Pension Fund 1998 1,168,158 100.0 1999 1,069,863 100.0 2000 952,994 100.0 2001 686,732 100.0 2002 595,970 100.0 2003 1,039,900 100.0 55 COMBINING AND INDIVIDUAL FUND STATEMENTS NON-MAJOR GOVERNMENTAL FUNDS NON-MAJOR GOVERNMENTAL FUNDS DEBT SERVICE FUNDS Debt Service Funds are used to account for resources accumulated and payments made for principal and interest on long-term debt of governmental funds. City Debt Service Fund - To account for the payment of principal and interest, and fiscal charges on the City's general obligation note payable which is payable from ad valorem taxes; and the City's revenue bonds which are payable from non ad valorem revenues. CAPITAL PROJECTS FUNDS Capital projects funds are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary funds and trust funds. Capital Improvement Fund - To account for maior improvements to general City buildings; to purchase land for new parks; and to improve streets and sidewalks. Fire Rescue Capital Improvement Fund - To fund construction of two new fire stations and replacement of an existing station. Funded through a seven year special assessment. SPECIAL REVENUE FUNDS Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Local Option Gas Tax Fund - To account for gas tax restricted for roadway program expenditures. Grant Fund - To account for all grants received by the City which include: Community Development Block Grant; SHIP (Home Improvements) Grant; Park Development Grants; Law Enforcement Grants and Senior Citizen Program Grant. Community Improvement - To account for revenues and expenses relative to the City's Iow income home improvements program. 56 NON-MAJOR GOVERNMENTAL FUNDS SPECIAL REVENUE FUNDS (continued) Reserve for Parks and Recreation Trust Fund - To account for fees collected from developers to be used by the City for acquisition or development of park and recreational land. Recreation Program Fund - To account for revenues and expenses relative to all recreation programs provided by the City. Boynton Beach Memorial Park Fund - To account for revenues and expenses relative to the City's two cemeteries. Miscellaneous Trust Fund - To account for assets held in trust that are restricted for designated purposes. 57 City of Boynton Beach, Florida Nonmajor Governmental Funds Combining Balance Sheet September 30, 2003 Debt Service Funds Capital Projects Funds 1992 General 1993 Fire Rescue Obligation Public Capital Capital Refunding Service Tax Improvement Improvement Assets Cash, equityin pooled cash and investments $ 429,218 $ 1,627,502 $ 6,042,171 $ 4,684,216 Due from other governments Other receivables 143,581 Prepaid items 106 Total assets $ 429,218 $ 1,771,083 $ 6,042,171 $ 4,684,322 Liabilities and Fund Balance Liabilities: Accounts payable $ $ - $ 11,534 $ 3,200 Accrued expenses 8,461 Escrow deposits Other payables 134,297 Revenues collected in advance Total liabilities 145,831 11,661 Fund balance: Reserved: Prepaid items 106 Debt service 429,218 1,771,083 Unreserved: Designated: For specific purposes and projects 5,896,340 Designated for 2003/04 budget 4,672,555 Undesignated (deficit) Total fund balance 429,218 1,771,083 5,896,340 4,672,661 Total liabilities and fund balance $ 429,218 $ 1,771,083 $ 6,042,171 $ 4,684,322 58 Special Revenue Funds Reserve for Boynton Local Parks and Beach Miscel- Option Community Recreation Recreation Memorial laneous Gas Tax Grants Improvements Facilities Program Park Trust Total $ 677,889 $ (227,989) $ 639,195 $ 989,183 $ 284,434 $4,009,806 $1,128,421 $20,284,046 1,262,297 1,262,297 101,761 50,302 6,308 301,952 134 80 320 $ 779,650 $1,034,308 $ 639,329 $ 989,183 $ 284,514 $4,060,108 $1,134,729 $21,848,615 $ $ 11,568 $ 3,143 $ - $ 4,792 $ 594 $ 5,271 $ 40,102 5,525 2,425 16,411 15,835 2,613 18,448 134,297 1,209,063 1,209,063 1,220,631 24,503 - 4,792 3,019 7,884 1,418,321 134 80 320 2,200,301 417,662 614,692 989,183 36,014 1,126,845 9,080,736 361,988 243,628 5,278,171 (186,323) 4,057,089 3,870,766 779,650 (186,323) 614,826 989,183 279,722 4,057,089 1,126,845 20,430,294 $ 779~650 $1,034,308 $ 639,329 $ 989,183 $ 284~514 $4,060,108 $1,134~729 $21,848,615 59 City of Boynton Beach, Florida Nonmajor Governmental Funds Combining Statement of Revenue, Expenditures and Changes in Fund Balance For the Year Ended September 30, 2003 Debt Service Funds Capital Projects Funds 1992 General 1993 Fire Rescue Obligation Public Capital Capital Revenue: Refunding Service Tax Improvement Improvement Taxes $1,115,089 $ 4,227,624 $ $ _ Intergovernmental Charges for services Special assessment 2,702,616 Fines and forfeitures Interest 6,481 18,629 117,657 96,061 Donations Other 55,250 Total revenue 1,121,570 4,246,253 172,907 2,798,677 Expenditures: Current: General government 550 1,454 Public safety 424,062 Public works Economic environment Culture and recreation Capital outlay: General government 601,705 Public safety 59,937 1,969,122 Public works 180,920 Economic environment Culture and recreation 987,698 Debt service: Principal retirement 884,863 1,400,000 Interest expense 188,847 530,433 Total expenditures 1,074,260 1,931,887 1,830,260 2,393,184 Revenue over (under) expenditures 47,310 2,314,366 (1,657,353) 405,493 Other financing sources (uses): Transfers in 3,362,300 Transfers out (2,500,000) (621,848) (5,142) (2,500,000) 2,740,452 (5,142) Revenue and other financing sources over (under) expenditures and other financing uses 47,310 (185,634) 1,083,099 400,351 Fund balances (deficit) - beginning 381,908 1,956,717 4,813,241 4,272,310 Fund balance (deficit)- ending $ 429,218 $ 1,771,083 $ 5,896,340 $ 4,672,661 6O Special Revenue Funds Reserve for Boynton Local Parks and Beach Miscel- Option Community Recreation Recreation Memorial laneous Gas Tax Grants Improvements Facilities Program Park Trust Total $1,252,652 $ $ $ - $ - $ $ 6,595,365 2,822,516 94,103 2,916,619 598,436 208,584 103,105 910,125 2,702,616 255,003 255,003 14,405 15,734 3,784 10,904 6,927 78,413 368,995 601,955 122,597 724,552 199,783 7,061 5,090 267,184 1,267,057 2,838,250 203,567 6t2,859 612,424 292,087 574,808 14,740,459 104 216,840 105,805 324,753 182,624 133,229 739,915 300 300 861,068 519,309 1,380,377 60,576 400 550,925 103,490 715,391 100,000 701,705 157,868 2,186,927 180,920 70,706 70,706 1,802,190 22,770 2,812,658 2,284,863 719,280 300 3,164,430 590,015 400 573,695 216,840 342,524 12,117,795 1,266,757 (326,180) (386,448) 612,459 38,729 75,247 232,284 2,622,664 648,573 501,385 17,320 4,729,578 (1,511,200) (501,385) (177,697) (232,300) (10,000) (162,884) (5,722,456) (1,511,200) 347,188 501,385 (177,697) (214,980) (10,000) (162,884) (992,878) (244,443) 21,008 114,937 434,762 (176,251) 65,247 69,400 1,629,786 1,024,093 (207,331) 499,889 554,421 455,973 3,991,642 1,057,445 18,800,508 $ 779,650 $ (186,323) $ 614,826 $ 989,183 $ 279,722 $4,057,089 $1,126,845 $20,430,294 61 City of Boynton Beach, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual Capital Improvement Fund For the Year Ended September 30, 2003 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenue: Interest $ $ 117,657 $ 117,657 Other 55,250 55,250 Total revenue - 172,907 172,907 Expenditures: Capital outlay: General government 676,800 601,705 75,095 Public safety 80,000 59,937 20,063 Public works 585,000 180,920 404,080 Culture and recreation 4,311,600 987,698 3,323,902 5,653,400 1,830,260 3,823,140 Revenue (under) over expenditures (5,653,400) (1,657,353) 3,996,047 Other financing sources (uses): Transfers in 2,509,300 3,362,300 853,000 Transfers out (621,848) (621,848) 2,509,300 2,740,452 231,152 Revenue and other financing sources under over expenditures and other financing uses $ (3,144,100) 1,083,099 $ 3,764,895 Fund balance, October 1, 2002 4,813,241 Fund balance, September 30, 2003 $ 5,896,340 62 City of Boynton Beach, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual Fire Rescue Capital Improvement Fund For the Year Ended September 30, 2003 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenue: Special assessment $ 2,925,690 $2,702,616 $ (223,074) Interest 22,000 96,061 74,061 Total revenue 2,947,690 2,798,677 (149,013) Expenditures: Current: Public safety 941,156 424,062 517,094 Capital outlay: Public safety 4,521,901 1,969,122 2,552,779 5,463,057 2,393,184 3,069,873 Revenue (under) over expenditures (2,515,367) 405,493 2,920,860 Other financing (uses): Transfers out (580,0001 (5,1421 574,858 (580,000) (5,142) 574,858 Revenue (under) over expenditures and other financing uses $ (3,095,367) 400,351 $ 3,495,718 Fund balance, October 1, 2002 4,272,310 Fund balance, September 30, 2003 $ 4,672,661 63 City of Boynton Beach, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual 1992 General Obligation Refunding Debt Service Fund For the Year Ended September 30, 2003 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenue: Taxes $ 1,105,923 $ 1,115,089 $ 9,166 Interest 46,000 6,481 (39,519) Total revenue 1,151,923 1,121,570 (30,353) Expenditures: Current: General government 3,800 550 3,250 Debt service: Principal retirement 884,863 884,863 - Interest and fiscal charges 188,846 188,847 (1) 1,077,509 1,074,260 3,249 Revenue (under) over expenditures $ 74,414 47,310 $ (27,104) Fund balance, October 1, 2002 381,908 Fund balance, September 30, 2003 $ 429,218 64 City of Boynton Beach, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual 1993 Public Service Tax Debt Service Fund For the Year Ended September 30, 2003 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenue: Taxes $ 4,119,300 $ 4,227,624 $ 108,324 Interest 25,000 18,629 (6,371) Total revenue 4,144,300 4,246,253 101,953 Expenditures: Current: General govemment 4,550 1,454 3,096 Debt service: Principal retirement 1,400,000 1,400,000 Interest and fiscal charges 530,432 530,433 (11 1,934,982 1,931,887 3,095 Revenue over expenditures 2,209,318 2,314,366 105,048 Other financing uses: Transfers out (2,209,318/ (2,500,000) (290,682) (2,209,318) (2,500,000) (290,682I Revenue (under) over expenditures and other financing uses $ - (185,634) $ (185,634) Fund balance, October 1, 2002 1,956,717 Fund balance, September 30, 2003 $ 1,771,083 65 City of Boynton Beach, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual Local Option Gas Tax Fund For the Year Ended September 30, 2003 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenue: Taxes $ 1,100,000 $ 1,252,652 $ 152,652 Interest 12,000 14,405 2,405 Total revenue 1,112,000 1,267,057 155,057 Expenditures: Current: Public works 300 300 Total expenditures 300 300 Revenue over expenditures 1,111,700 1,266,757 155,057 Other financing uses: Transfers out (1,511,700) (1,511,200) 500 (1,511,700) (1,511,200) 500 Revenue (under) over expenditures and other financing uses $ (400,000) (244,443) $ 155,557 Fund balance, October 1,2002 1,024,093 Fund balance, September 30, 2003 $ 779,650 66 City of Boynton Beach, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual Community Improvements Fund For the Year Ended September 30, 2003 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenue: Interest $ 4,400 $ 3,784 $ (616) Miscellaneous 520,635 199,783 (320,852) Total revenue 525,035 203,567 (321,468) Expenditures: Current: Economic environment 725,035 519,309 205,726 Capital outlay: Economic environment 70,706 (70,706) Total expenditures 725,035 590,015 135,020 Revenues under expenditures (200,000) (386,448) (186,448) Other financing sources (uses): Transfers in 501,385 501,385 501,385 501,385 Revenue and other financing sources (under) over expenditures and other financing uses $ (200,000) 114,937 $ 314,937 Fund balance, October 1, 2002 499,889 Fund balance, September 30, 2003 $ 614,826 67 City of Boynton Beach, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual Recreation Program Fund For the Year Ended September 30, 2003 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenue: Charges for services $ 656,100 $ 598,436 $ (57,664) Interest 12,000 6,927 (5,073) Miscellaneous 10,000 7,061 (2,939) Total revenues 678,100 612,424 (65,676) Expenditures: Current: Culture and recreation 664,136 550,925 113,211 Capital outlay: Culture and recreation 9,500 22,770 (13,270) Total expenditures 673,636 573~695 99,941 Revenue over expenditures 4,464 38,729 34,265 Other financing sources (uses): Transfers in 17,320 17,320 Transfers out (271,500) (232,300) 39,200 (271,500) (214,980) 56,520 Revenue and other financing sources (under) over expenditures and other financing uses $ (267,036) (176,251) $ 90,785 Fund balance, October 1,2002 455,973 Fund balance, September 30, 2003 $ 279,722 68 NON-MAJOR ENTERPRISE FUNDS NON-MAJOR ENTERPRISE FUNDS Enterprise funds are used to account for operations that are financed and operated in a manner similar to private business enterprises. The costs of providing goods or services to the general public are financed or recovered primarily through user charges. Recreational Facilities Fund - To account for operation of the City's golf course. Mass Transit Fund - To account for the operations of the municipal public transportation system. 69 City of Boynton Beach, Florida Combining Statement of Net Assets Nonmajor Enterprise Funds September 30, 2003 Recreational Mass Facilities Transit Fund Fund Total ASSETS Current assets: Cash and cash equivalents $ 760,623 $ 70,840 $ 831,463 Accounts receivable 184 3,050 3,234 Prepaid items 4,103 4,103 Inventories 60,017 60,017 Total current assets 824,927 73,890 898,817 Noncurrent assets: Capital assets, net 2,718,634 3,147 2,721,781 Total assets 3,543,561 77,037 3,620,598 LIABILITIES Current liabilities payable from current assets: Accounts payable 43,417 37 43,454 Accrued expenses 25,441 3,704 29,145 Compensated absences payable 17,201 1,561 18,762 Total current liabilities 86,059 5,302 91,361 Noncurrent liabilities: Compensated absences payable 115,111 10,445 125,556 115,111 10,445 125,556 Total liabilities 201,170 15,747 216,917 NET ASSETS Invested in capital assets, net of related debt 2,718,634 3,147 2,721,781 Unrestricted 623,757 58,143 681,900 Total net assets $ 3,342,391 $ 61,290 $ 3,403,681 7O City of Boynton Beach, Florida Combining Statement of Revenues, Expenses and Changes in Net Assets Nonmajor Enterprise Funds For the Year Ended September 30, 2003 Recreational Mass Facilities Transit Fund Fund Total Operating revenues: Charges for services: Cart and green fees $ 1,806,805 $ $ 1,806,805 Dues 264,741 264,741 Transportation fees 12,560 12,560 Other services 441,110 9,828 450,938 Total operating revenues 2,512,656 22,388 2,535,044 Operating expenses: Personal services and benefits 1,262,624 164,802 1,427,426 Supplies and services 613,716 40,968 654,684 Depreciation and amortization 242,596 938 243,534 2,118,936 206,708 2,325,644 Operating income (loss) 393,720 (184,320) 209,400 Nonoperating revenues (expenses): Interest income 17,702 343 18,045 Loss on disposal of capital assets (46,335) (5,917) (52,252) Miscellaneous (532) 9,275 8,743 Interest expense (15,248) (15,248) (44,413) 3,701 (40,712) Income (loss) before transfers 349,307 (180,619) 168,688 Transfers in (out): Transfers in 176,200 176,200 Transfers out (42,260) (42,260) (42,260) 176,200 133,940 Net income (loss) 307,047 (4,419) 302,628 Net assets, October 1, 2002 3,035,344 65,709 3,10! ,053 Net assets, September 30, 2003 $ 3,342,391 $ 61,290 $ 3,403,681 71 City of Boynton Beach, Florida Nonmajor Enterprise Funds Combining Statement of Cash Flows. For the Year Ended September 30, 2003 Recreational Mass Facilities Transit Fund Fund Total Cash Flows From Operating Activities Receipts from customers and users $ 2.517,727 $ 21,749 $ 2,539,476 Payments to suppliers (616,494) (41,131) (657,625) Payments to employees (1,250,776) (161,697) (1,412,473) Net cash provided by (used in) operating activities 650,457 (181,079) 469,378 Cash Flows From Non-Capital Financing Activities Transfers in 176,200 176.200 Transfers out (42,260) (42.260) Net cash provided by (used in) non-capital financing activities (42.260) 176,200 133,940 Cash Flows From Capital and Related Financing Activities Acquisition of capital assets . (322,646) (9,275) (331,921) Principal payments on revenue bonds (955.000) (955,000) Interest payments on revenue bonds (39,926) (39,926) Other proceeds (expenses) (532) 9,275 8.743 Net cash used in capital and related financing activities (1.318,104) (1,318,104) Cash Flows From Investing Activity Interest received 17,702 343 18.045 Net cash provided by investing activity 17,702 343 18,045 Decrease in cash and cash equivalents (692.205) (4,536) (696.741) Cash and cash equivalents at beginning of year 1,452,828 75,376 1,528.204 Cash and cash equivalents at end of year $ 760,623 $ 70,840 $ 831.463 Reconciliation of Operating Income to Net Cash Provided by (Used in) Operating Activities: Operating income (loss) $ 393,720 $ (184.320) 209.400 Adjustments to reconcile operating income (loss) to net cash provided by (used in) operating activities: Depreciation and amortization 242,596 938' 243,534 Changes in operating assets and liabilities: Accounts receivable 5,071 (639) 4,432 Prepaid items (1,856) (1,856) I nventodes 2,530 2,530 Accounts payable (3,452) (163) (3,615) Accrued expenses 5,217 1,081 6,298 Compensated absences payable 6,631 2,024 8,655 Total adjustments 256,737 3,241 259,978 Net cash provided by (used in) operating activities $ 650.457 $ (181~079) $ 469~378 72 INTERNAL SERVICE FUNDS Internal Service Funds are used to account for the financing of goods or services provided by one department to other departments of the government on a cost reimbursement basis. Fleet Management - To account for the cost of operating a maintenance facility for automotive equipment used by othr City departments, and administering the City fleet. Self-Insurance - To account for worker's compensation insurance coverage to all City employees, and the City's general and auto liability self-insurance program. Warehouse - To account for inventory and disbursement of commodities purchased in bulk. 73 INTERNAL SERVICE FUNDS INTERNAL SERVICE FUNDS Internal Service Funds are used to account for the financing of goods or services provided by one department to other departments of the government on a cost reimbursement basis. Fleet Management - To account for the cost of operating a maintenance facility for automotive equipment used by othr City departments, and administering the City fleet. Self-Insurance - To account for worker's compensation insurance coverage to all City employees, and the City's general and auto liability self-insurance program. Warehouse - To account for inventory and disbursement of commodities purchased in bull<. 73 City of Boynton Beach, Florida Internal Service Funds Combining Statement of Net Assets September 30, 2003 Vehicle Service Self Insurance Warehouse Total ASSETS Current assets: Cash and cash equivalents $ 5.879.334 $ 30.000 $ $ 5.909.334 Accounts receivable 304 304 Due from other funds 884.209 884.209 Prepaid items 318 134.400 279 134.997 Inventories 39.077 659.349 698.426 Total current assets 6.803.242 164.400 659.628 7.627.270 Capital assets, net 6.908.595 6.627 22.567 6.937.789 Total assets 13.711.837 171.027 682.195 14.565.059 LIABILITIES Current liabilities payable from current assets: Accounts payable 22.478 78.204 7.886 108.568 Accrued expenses 12.253 2.869 4.999 20.121 Contracts payable 39.999 39.999 Provision for insurance losses, current portion 1.074.101 1.074.101 Compensated absences payable 9.031 2.364 4.270 15.665 Due to other funds 325.982 558.227 884.209 Total current liabilities 83.761 1.483.520 575.382 2.142.663 Noncurrent liabilities: Compensated absences payable 60.441 15.821 28.575 104.837 Provision for insurance losses, less current portion 1.513.986 1.513.986 60.441 1.529.807 28.575 1.618.823 Total liabilities 144.202 3.013.327 603.957 3.761.486 NET ASSETS (DEFICIT) Invested in capital assets, net of related debt 6.908.595 6.627 22.567 6.937.789 Unrestricted (deficit) 6.659.040 (2.648.927) 55.671 3.865.784 Total net assets (deficit) $ 13.567.635 $ (2.842.300) $ 78.238 $ 10.803.573 74 City of Boynton Beach, Florida Internal Service Funds Combining Statement of Revenues, Expenses and Changes in Net Assets For the Year ended September 30, 2003 Vehicle Service Self Insurance Warehouse Total Operating revenues: Charges for services $ 2,012,801 $ 795,799 $ 255,798 $ 3,064,398 Total operating revenues 2,012,801 795,799 255,798 3,064,398 Operating expenses: Personal services and benefits 609,971 140,725 224,584 975,280 Supplies and services 1,174,077 1,503,956 23,375 2,701,408 Depreciation 2,305,069 1,517 4,622 2,311,208 4,089,117 1,646,198 252,581 5,987,896 Operating income (loss) (2,076,316) (850,399) 3,217 (2,923,498) Nonoperating revenues (expenses): Interest income 92,459 5,841 98,300 Loss on disposal of capital assets (173,749) (173,749) Miscellaneous income 178,101 8,144 186,245 96,811 13,985 110,796 Income (loss) before transfers (1,979,505) (836,414) 3,217 (2,812,702) Transfers in (out): Transfers in 2,716,406 500,000 3,216,406 Transfers out (2,500) (3,838) (6,338) 2,716,406 497,500 (3,838) 3,210,068 Net income (loss) 736,901 (338,914) (821) 397,366 Fund net assets (deficit) at October 1, 2002 12,830,734 (2,503,386) 78,859 10,406,207 Fund net assets (deficit) at September 30, 2003 $ 13,567,635 $ (2,842,300) $ 78,238 $ 10,803,573 75 City of Boynton Beach, Florida Internal Service Funds Combining Statement of Cash Flows . For the Year Ended September 30, 2003 Vehicle Self Service Insurance Warehouse Total Cash Flows From Operating Activities Receipts from customers and users $ 2,012,497 $ 804,794 $ 255,798 $ 3,073,089 Payments to suppliers (1,398,429) (2,669,049) (554) (4,068,032) Payments to employees (609,062) (136,169) (216,116) (961,347) Net cash provided by (used in) operating activities 5,006 (2,000,424) 39.128 (1,956,290) Cash Flows From Non-Capital Financing Activities Loans from (to) other funds (292,487) 325,982 (33,495) Transfers in 2,716,406 500,000 3,216,406 Transfers out (2,500) (3,838) (6,338) Net cash provided by (used in) non-capital financing activities 2,423,919 823,482 (37,333) 3,210,068 Cash Flows From C~pital and Related Financing Activities Acquisition of capital assets (2,025,488) (8,144) (1,795) (2,035,427) Other proceeds 178,101 8,144 186,245 Net cash used in capital and related financing activities (1,847,387) (1,795) (1,849,182) Cash Flows From Investing Activity Interest received 92,459 5,841 98,300 Net cash provided by investing activity 92,459 5,841 98,300 Increase (decrease) in cash and cash equivalents 673,997 (1,171,101) (497,104) Cash and cash equivalents at beginning of year 5,205,337 1,201,101 6,406,438 Cash and cash equivalents at end of year $ 5,879,334 $ 30,000 $ $ 5,909,334 Reconciliation of Operating Income to Net Cash Provided by (Used in) Operating Activities: Operating income (loss) $ (2,076,316) $ (850,399) $ 3,217 (2,923,498) Adjustments to reconcile operating income (loss) to net cash provided by (used in) operating activities: Depreciation and amortization 2,305,069 1.517 4,622 2,311,208 Changes in operating assets and liabilities: Accounts receivable (394) (304) Other receivables 8,995 8,995 Prepaid items 2,292 (129,226) (279) (127,213) Inventories (21,610) 59,087 37,477 Accounts payable (205,034) 14,068 (35,987) (226,953) Accrued expenses 2,854 204 1,390 4,448 Provision for insurance losses (1,049,935) (1,049,935) Compensated absences payable (1,945) ... 4,352 7,078 9,485 Total adjustments 2,081,322 (1,150,025) 35,911 967,208 Net cash provided by (used in) operating activities $ 5,006 $ (2,000,424~ $ 39,12~8 $ (1,956~290) 76 PENSION FUNDS PENSION FUNDS Pension Funds account for financial operations and condition of the City's three pension plans. General Employees' Pension - To account for the accumulation of resources to be used for the retirement benefit payments to the City's general employees. Police Officers Pension Plan - To account for the accumulation of resources to be used for the retirement benefit payments to the City's sworn police personnel. Firefighters Pension Plan - To account for the accumulation of resources to be used for the retirement benefit payments to the City's certified fire personnel. 77 STATISTICAL SECTION City of Boynton Beach, Florida Pension Trust Funds Combining Statement of Net Assets - September 30, 2003 Police Firefighters- Retirement Pension Pension Trust Fund Fund Fund Total Assets Cash and cash equivalents $ 1,467,080 $ 554,646 $ 173,077 $ 2,194,803 Investments 60,319,028 30,339,762 34,174,884 124,833,674 Interest and dividends receivable 278,049 46,300 161,138 485,487 Other receivables 58,966 1,454,459 928,963 2,442,388 Prepaid items 1,715 1,715 Total assets 62,123,123 32,395,167 35,439,777 129,958,067 Liabilities Liabilities: Accounts payable 42,005 63,283 79,916 185,204 42,005 63,283 79,916 185,204 Net assets Net assets held in trust for pension benefits $ 62,081,118 $ 32,331,884 $ 35,359,861 $129,772,863 78 City of Boynton Beach, Florida Pension Trust Funds Combining Statement of Changes in Net Assets For the Year Ended September 30, 2003 Police Firefighters' Retirement Pension Pension Trust Fund Fund Fund Total Additions: Contributions: Employer $ 1,039,900 $ 1,561,703 $ 922,724 $ 3,524,327 Plan members 1,528,226 661,251 681,742 2,871,219 State 583,573 499,520 1,083,093 Total contributions 2,568,126 2,806,527 2,103,986 7,478,639 Investment income:. Net appreciation in the fair value of investments (realized and unrealized) 6,367,182 4,056,920 3,470,742 13,894,844 Interest 1,225,545 204,280 648,054 2,077,879 Dividends 478,970 53,920 288,863 821,753 Miscellaneous 196,857 196,857 8,071';697 4,315,120 4,604,516 16,991,333 Less investment expenses Custodian fees 223,702 179,139 168,804 571,645 Net investment income 7,847,995 4,135,981 4,435,712 16,419,688 Total additions 10,416,121 6,942,508 6,539,698 23,898,327 Deductions: Benefits 2,497,553 1,880,180 1,638,813 6,016,546 Refunds of contributions 300,018 41,416 341,434 Other operating expenses 112,710 84,699 73,404 270,813 2,910,281 2,006,295 1,712,217 6,628,793 Net increase 7,505,840 4,936,213 4,827,481 17,269,534 Net assets held in trust for pension benefits - beginning of fiscal year 54,575,278 27,395,671 30,532,380 112,503,329 Net assets held in trust for pension benefits- end of fiscal year $ 62,081,118 $32,331,884 $ 35,359,861 $129,772,863 79 City of Boynton Beach, Florida General Fund Revenue by Source and Other Financing SourcesBBudgetary BasisBUnaudited Last Ten Fiscal Years Fiscal Year Licenses Charges Ended and Inter- for September 30 Taxes Permits Governmental Services 1994 $ 18,885,193 $ 1,333,744 $ 4,394,406 $ 1,474,257 1995 19,081,791 2,204,191 4,657,243 1,559,495 1996 20,061,973 2,419,639 4,679,085 1,483,842 1997 21,340,839 2,613,267 5,053,291 1,296,201 1998 22,150,455 2,827,749 5,299,694 1,329,763 1999 22,993,030 2,699,350 5,446,576 1,568,157 2000 23,666,542 3,436,709 5,956,776 1,758,769 2001 25,023,204 3,758,160 6,312,656 2,103,282 2002 26,973,135 2,741,792 6,1 54,238 2,366,411 2003 27,471,477 3,076,313 7,006,757 2,606,569 Note: Includes General Fund (budgetary basis) only. Continued on next page. 8O Annual Rents and Other Percentage Fines and Royalties and Financing Increase Forfeitures Interest Miscellaneous Sources Total (Decrease) $ 118,920 $ 255,673 $ 65,840 $ 2,932,637 $ 29,460,670 .1 120,518 481,349 85,798 3,004 614 31,194,999 5.9 131,476 585,636 150,165 3,135 787 32,647,603 4.7 152,224 665,324 354,365 3,399 023 34,874,534 6.8 132,008 1,232,370 105,967 4,461 280 37,539,286 7.6 127,788 553,340 150,587 3,411 248 36,950,076 (1.6) 117,019 1,215,612 442,388 4,084982 40,678,797 10.1 151,047 1,842,954 339,048 4,76(~ 657 44,291,008 8.9 189,489 1,254,874 309,278 4,308 800 44,298,017 0.0 187,560 613,260 231,563 4,227 364 45,420,863 2.5 81 City of Boynton Beach, Florida General Fund Expenditures by Function and Other. Financing Uses-- Budgetary Basis--Unaudited Last Ten Fiscal Years Public Safety Inspection Fiscal Year Permits Ended General and Animal September 30 Government Police Fire Licenses Control 1994 $ 5,423,412 $ 8,328,514 $ 6,313,918 $ 1,523,672 $ 96,755 1995 5,507,002 8,678,530 6,343,155 1,446,847 101,664 1996 6,041,201 9,495,659 6,441,854 1,426,511 104,329 1997 6,338,557 9,828,744 6,513,492 1,433,615 104,732 1998 7,000,824 9,278,782 6,599,824 1,724,552 107,196 1999 6,712,016 10,852,070 7,101,819 1,881,350 115,452 2000 7,258,304 11,141,926 7,444,459 2,481,416 114,476 2001 8,973,320 11,420,699 7,734,552 2,884,167 118,374 2002 9,356,883 12,187,477 8,311,080 2,984,006 128,583 2003 9,804,932 14,159,833 9,237,876 2,929,191 125,397 Note: Includes General Fund (budgetary basis) only. Continued on next page. 82 Culture Public and Works Recreation Other Total $ 976,427 $ 4,392,925 $ 27,055,623 988,327 4,698,125 27,763,650 1,001,611 4,815,581 1,253,954 30,580,700 1,033,470 5,001,914 3,413,402 33,667,926 976,153 4,896,973 2,078,693 32,662,997 1,065,895 5,557,201 3,022,876 36,308,679 1,044,324 6,108,353 6,140,433 41,733,691 1,181,010 7,003,614 1,526,726 40,842,462 1,116,442 6,637,240 2,318,319 43,040,030 1,170,718 6,941,931 2,947,237 47,317,115 83 City of Boynton Beach, Florida Property Tax Levies and Collections--Unaudited Last Ten Fiscal Years Fiscal Year Current Ended Total Tax Tax September 30 Levy Collections 1994 $ 16,251,854 $ 16,129,927 1995 16,410,895 16,314,844 1996 17,200,873 17,103,120 1997 17,989,343 17,911,988 1998 18,753,009 18,672,518 1999 19,875,591 19,789,427 2000 20,243,189 20,125,134 2001 20,950,505 20,863,339 2002 22,460,999 22,395,056 2003 23.191,047 23,119,714 Note: All property taxes are assessed and collected by Palm Beach County without charge to the City, and collections are distributed in full as collected. Continued on next page. 84 Total Outstanding Collections as Delinquent Percent Delinquent Percent Outstanding Taxes as of Levy Tax Total Tax of Current Delinquent Percent of Collected Collections Collections Levy Taxes Current Levy 99.2 $ 167,840 $ 16,297 767 100.3 $ 663,857 4.1 99.4 244,331 16,559 175 100.9 515,577 3.1 99.4 42,029 17,145149 99.7 571,301 3.3 99.6 133,128 18,045 116 100.3 467,661 2.6 99.6 63,831 18,736 349 99.9 482,494 2.6 99.6 18,730 19,808 157 99.7 484,322 2.4 99.4 55,429 20,180 563 99.7 469,902 2.3 99.6 43,042 20,906 381 99.8 454,792 2.2 99.7 38,498 22,433 554 99.9 244,863 1.1 99.7 66,395 23,186 109 100.0 247,685 1.1 85 City of Boynton Beach, Florida Assessed and Estimated Actual Value of Taxable Property--Unaudited Last Ten Fiscal Years (Dollars in Thousands) Real Property Fiscal Year Estimated Ended Assessed Actual September 30 Value Value 1994 $ 2,228,456 $ 2,228,456 1995 2,233,368 2,233,368 1996 2,320,532 2,320,532 1997 2,349,983 2,349,983 1998 2,468,380 2,468,380 1999 2,588,395 2,588,395 2000 2,751,880 2,751,880 2001 2,865,074 2,865,074 2002 3,150,594 3,150,594 2003 3,511,340 3,511,340 Source: Palm Beach County Property Appraiser's Office. Continued on next page. 86 Ratio of Centrally Assessed Total Personal Property Property Total Assessed Estimated Estimated Estimated to Total Assessed Actual Assessed Actual Assessed Actual Estimated Value Value Value Value Value Value Actual Value $ 330,207 $ 330,207 $ 1,675 $ 1,675 $ 2,560,338 $ 2,560,338 1.00 345,017 345,017 1,889 1,889 2,580,274 2,580,274 1.00 387,808 387,808 2,136 2,136 2,710,476 2,710,476 1.00 460,385 460,385 2,164 2,164 2,812,532 2,812,532 1.00 482,625 482,625 3,064 3,084 2,954,089 2,954,089 1.00 329,802 329,802 3,421 3,421 2,921,618 2,921,618 1.00 406,377 406,377 3,109 3,109 3,161,366 3,161,366 1.00 386,122 386,122 2,988 2,988 3,254,184 3,254,184 1.00 369,774 369,774 2,849 2,849 3,523,217 3,523,217 1.00 339,646 339,646 2,904 2,904 3,853,890 3,853,890 1.00 87 City of Boynton Beach, Florida Property Tax Rates--All Direct and Overlapping Governments--Unaudited Last Ten Fiscal Years (per $1,000 of assessed value) City of Boynton Beach Debt Tax General Service School Year Fund Fund Total District County Total 1994 7.925 0.504 8.429 10.185 4.293 22.907 1995 7.925 0.482 8.407 9.761 4.218 22.386 1996 7.925 0.457 8.382 9.797 4.236 22.415 1997 7.925 0.411 8.336 9.060 4.600 21.996 1998 7.816 0.451 8.267 9.179 4.600 22.046 1999 7.816 0.425 8.241 9.043 4.600 21.884 2000 7.816 0.411 8.227 9.043 4.600 21.870 2001 7.816 0.411 8.227 8.948 4.935 22.110 2002 7.600 0.395 7.995 8.779 4.808 21.582 2003 7.500 0.380 7.880 8.571 4.791 21.242 Tax rate limits - Ten mills per Florida Statute 200.081 Scope of tax rate limit - No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value, except for special benefits and debt service on obligation issued with the approval of those taxpayers subject to ad valorem taxes. Taxes due March 31 Taxes delinquent - April 1 Discount allowed - 4% November; 3% December; 2% January; 1% March Penalties for delinquency - 2.5% after April 1, increasing .5% each ten days to maximum 5.0% Tax collector Palm Beach County Tax collector's commission None 88 City of Boynton Beach, Florida Ratio of Net General Bonded Debt to Assessed Value and Net Bonded Debt Per Capita--Unaudited Last Ten Fiscal Years Fiscal Year Ended September30 Population 1994 48,848 1995 49,085 1996 50,940 1997 52,311 1998 53,635 1999 55,483 2000 56,300 2001 61,816 2002 62,847 2003 64,593 Note:The population estimate forallyears was calculated bythe City's planning depa~ment. Continued on nextpage. 89 Ratio of Gross Net General Net General General Less Debt Net General Obligation Obligation Obligation Service Obligation Bonded Debt Bonded Assessed Bonded Funds Bonded to Assessed Debt Per Value Debt Available Debt Value Capita $ 2,560,337,911 $ 9,110,000 $ 2,453,630 $ 6,656 370 0.0026 $ 136.27 2,580,274,339 8,655.000 2,360,917 6,294 083 0.0024 128.23 2,710,476,659 8,180 000 2,484,550 5,695 ~450 0.0021 111.81 2,812,532,015 7,675 000 2,499,393 5,175 607 0.0018 98.94 2,954,088,835 7,045 000 2,540,182 4,504 818 0.0015 83.99 2,921,618,095 6,390 000 2,591,802 3,798 198 0.0013 68.46 3,161,365,867 4,986 434 4,986 434 0.0016 88.57 3,254,183,938 4,667 670 273,625 4,394 045 0.0014 71.08 3,523,217,698 3,918,217 381,908 3,536309 0.0010 56.27 3,853,890,068 3,033,354 429,218 2,604,136 0.0007 40.32 90 City of Boynton Beach, Florida Computation of Direct and Overlapping General Obligation Bonded Debt - Unaudited September 30, 2003 Net Bonded Direct and Debt, Estimated Overlapping September 30, Percent Net Bonded 2003 Applicable Debt City of Boynton Beach: Promissory note $ 2,604,136 100.00% $ 2,604,136 Palm Beach County: General Obligation Bonds 253,845,000 School Board 174,635,000 $ 428,480,000 3.28% 14,054,144 Total direct and overlapping bonded debt payable from taxes $ 16,658,280 Estimated population 64,593 Overlapping net debt per capita $ 258 91 City of Boynton Beach, Florida Computation of Legal Debt Margin - Unaudited September 30, 2003 (Dollars in Thousands) Assessed valuations $ 3,853,890 Legal debt margin: Debt limitation--10% of total assessed value $ 385,389 Debt applicable to limitation: Total bonded debt 12,483 Less: Special revenue bonds (9,450) Amount available for repayment of general obligation bonds (429) Total debt applicable to limitation 2,604 Legal debt margin $ 382,785 The City has established as a maximum cap for long-term general obligation debt, 10% of the total assessed value of both real and personal property within the City limits. This cap shall be adjusted annually to reflect the annual changes in the assessed value. There shall be no limitation on the use of revenue bonds as a percent of total debt service of the City. 92 City of Boynton Beach, Florida Ratio of Annual Debt Service Requirements for General Bonded Debt to Total General Fund Expenditures-- Budgetary BasisBUnaudited Last Ten Fiscal Years Ratio of Total Debt Service Fiscal Year General to General Ended Total Debt Total Debt Fund Fund September 30 Principal Interest Service Expenditures Expenditures 1994 $ 860,000 $ 1,379,091 $ 2,239,091 $ 27,055,623 0.0828 1995 1,485,000 1,412,362 2,897,362 27,763,650 0.1044 1996 1,535,000 1,362,447 2,897,447 30,580,700 0.0947 1997 1,600,000 1,302,635 2,902,635 33,667,926 0.0862 1998 1,765,000 1,233,196 2,998,196 32,662,997 0.0918 1999 1,830,000 1,154,510 2,984,510 36,308,679 0.0822 2000 2,655,000 1,237,011 3,892,011 41,674,502 0.0934 2001 1,598,764 816,595 2,415,359 40,842,462 0.0591 2002 2,084,453 826,361 2,910,814 43,040,030 0.0676 2003 2,284,863 719,280 3,004,143 47,317,115 0.0635 93 City of Boynton Beach, Florida Schedule of Water and Sewer Revenue Bond Debt Service Coverage--Unaudited Last Ten Fiscal Years (A)-(B) Revenue (B) Available Current (A) Operating for Debt Debt Current Year Revenue* Expenses** Coverage Service Coverage 1994 $ 20,038,139 $ 10,696,870 $ 9,341,269 $ 4,377.030 2.13 1995 21,567,934 10,858,624 10,709,310 4,375 391 2.45 1996 22,505,993 11,814,452 10,691,541 4,376 420 2.44 1997 23,297,598 12,325,857 10,971,741 2,423 463 4.53 1998 25,092,939 12,390,830 12,702,109 2,623 750 4.84 1999 24,465,299 13,815,539 10,649,760 2,623 237 4.06 2000 28,138,620 14,759,425 13,379,195 2,699 770 4.96 2001 29,506,460 15,884,244 13,622,216 2,622 962 5.19 2002 31,323,144 19,974,801 11,348,343 3,809 734 2.98 2003 33,508,719 17,967,154 15,541,565 3,359 351 4.63 * Includes operating and nonoperating revenue. Capital contributions are included beginning in 2002. ** Includes depreciation and net operating transfers out. Property Value and Construction--Unaudited Last Ten Fiscal Years Total Commercial Residential Assessed Construction** Construction** Fiscal Year Property Number Ended Value* (in of Number of September 30 thousands) Buildings Value Units - Value 1994 $ 2,560,338 13 $ 5,626,216 135 $ 11,303,543 1995 2,580,274 5 5,244,776 626 39,310,718 1996 2,710,476 4 3,888,000 471 43,048,577 1997 2,812,532 15 12,315,005 527 47,304,809 1998 2,954,089 22 22,568,663 697 43,133,484 1999 2,921,618 24 18,377,934 435 32,960,174 2000 3,161,366 31 36,898,723 365 31,630,105 2001 3,254,184 16 17,052,582 867 64,423,547 2002 3,523,217 12 7,329,262 628 38,229,483 2003 3,853,890 25 27,786,988 262 24,819,386 Source: * Palm Beach County Property Appraiser's Office. ** City building department. 95 City of Boynton Beach, Florida Principal Taxpayers--Unaudited Percentage Taxable of Total Taxpayer Type of Business Valuation Taxes Taxes Boynton JCP Assoc.. Retail shopping mall $ 83,700,000 $ 665,415- 2.869 % California State Teachers Retirement System Rental apartments 28,111,293 223,485 0.964 Motorola Inc. Manufacturing 27,524,057 218,816 0.944 ERP Operating Ltd Partnership Rental apartments 22,675,000 180,266 0.777 Publix Super Markets, Inc. Grocery stores 21,348,842 169,723 0.732 Boynton Beach Development Assoc. Retail shops 20,600,027 163,770 0.706 Walmart Stores East #2789 Department store 17,781,172 141,360 0.610 Property Reserve Real estate developer 16,602,000 131,986 0.569 Great Oak Real estate developer 16,535,000 131,453 0.567 Premier Gateway Center at Quantum Real estate developer 13,977,281 111,119 0.479 268,854,672 2,137,393 9.216 Other 3,585,035,396 21,053,654 90.784 $ 3,853,890,068 $23,191,047 100.000 % Source: Palm Beach County Property Appraiser. 96 City of Boynton Beach, Florida Demographic StatisticsMUnaudited Fiscal Year School Ended September Population Enrollment Unemployment 30 * ~ Rate*** 1994 48848 126,000 9.60 1995 49 085 132,725 7.80 1996 50940 133,991 8.40 1997 52311 136,588 7.80 1998 53 635 139,185 6.70 1999 55 483 148,781 5.70 2000 56 300 154,038 5.50 2001 61 816 156,856 5.90 2002 62 847 161,949 5.40 2003 64 593 166,845 4.80 * The population estimate for all years was calculated by the City's planning department. ** Data is for Palm Beach County. Source: Palm Beach County school information. *** Data is for all of Palm Beach County. Source: Florida Department of Commerce, Division of Employment Security 97 City of Boynton Beach, Florida Miscellaneous Statistical Data--Unaudited Date of Incorporation: July 21, 1920 Form of Government: City Commission--Manager with four commission members elected from districts to serve staggered three-year terms and a mayor elected at large for a three-year term. The vice mayor is chosen by the commission on an annual basis. The City Manager is appointed by the commission. Location and Area: The City encompasses an area of 16.1 square miles and is located about 12 miles south of West Palm Beach which is the county seat of Palm Beach County. The City is bounded on the east by Lake Worth and the Intracoastal Waterway, except for a small section which extends to the Atlantic Ocean. Palm Beach County is located on the southeast coast of Florida and extends westward to Lake Okeechobee with a total area of 2,230 square miles including 46 miles of frontage on the Atlantic Ocean and about 25 miles of frontage on Lake Okeechobee. Police Protection: 138 sworn officers, 35 civilian full-time employees and one part-time clerk. Fire Protection: 3 fire stations, 109 firefighters (83 are state-certified paramedics), 11 civilians and 7 advanced life support units. Recreational Facilities: Tennis courts--31 (29 lighted) Tennis pro shops--1 Shuffleboard courts--16 lighted Ball fieldsml I (10 lighted diamonds) Public beach--965 feet frontage on the Atlantic Ocean Boat launching ramps--4 boat ramps on the Intracoastal and 2 boat ramps at Pioneer Canal Park Swimming pool---25 meter Parksm27 locations with various recreational facilities and playgrounds Activity centers--5 Municipal golf courso 27 holes Racquetball Courts--8 (all lighted) Senior Center Continued on next page. 98 City of Boynton Beach, Florida Miscellaneous Statistical Data--Unaudited Water System: Water plants capacity: 28.1 MGD Total meters: 31,749 Total living units served: 51,714 Residential rate: Inside City $4.00 base rate per month plus graduated scale based on consumption Outside City $5.00 base rate per month plus graduated scale based on consumption Sewer System: Joint Regional Wastewater Treatment Plant (Boynton Beach-Delray Beach): 12.0 MGD reserved for Boynton Beach service area Total connections (City sewage collection): 30,672 Total living units served: 50,087 Residential rate: Inside City $10.13 base $1.54/1,000 gallons with a maximum of 7,000 gallons Outside City $12.66 base $1.93/1,000 gallons with a maximum of 7,000 gallons Property Taxes: Rate for $1,000 nonexempt assessed valuation January 1, 2003: City of Boynton Beach taxes General operating 7.500 Debt service 0.380 Palm Beach County taxes General operating 4.791 Palm Beach County School Board General operating 8.571 21.242 Elections: Number of registered voters: Last general election 38,761 Number of votes cast in: Last general election 7,449 Percentage of registered voters voting in: Last general election 19.2 99 COMPLIANCE SECTION · ~11~ CALER, DONTEN, LEVlNE, DRUKER, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K. CALER, JR., CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LOUIS M. COHEN, CPA WEST PALM BEACH. FL 33401-5948 AMERICAN INSTITUTE OF DAVID S. DONTEN, CPA CERTIFIED PUBLIC ACCOUNTANTS scour D. DRUKER, CPA, JD TELEPHONE (561) 832-9292 JAMES B. HUTCHISON, CPA FAX (561) 832-9455 FLORIDA INSTITUTE OF JOEL H. LEVI]hE, CPA CERTIFIED PUBLIC ACCOUNTANTS JAMES F. MULLEN, IV, CPA info@cdlcpa.com THOMAS A. PENCE, JR., CPA SCOTT L. PORTER, CPA MARK D. VEIL, CPA Independent Auditor's Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Basic Financial Statements Performed in Accordance with Government Auditing Standards The Honorable Mayor and City Commission City of Boynton Beach, Florida We have audited the basic financial statements of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2003, and have issued our report thereon dated December 19, 2003. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the basic financial statements of the City of Boynton Beach, Florida, are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of basic financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the internal control over financial reporting of the City of Boynton Beach, Florida, in order to determine our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements in amounts that would be material in relation to the basic financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. 100 This report is intended for the information of the Mayor, City Commission and management of the City of Boynton Beach, Florida, the Auditor General of the State of Florida and the City's federal and state awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. 101 DRUKER, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K. CALER, JR., CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LOUIS M. COHEN, CPA WEST PALM BEACH, FL 33401-5948 AMERICAN INSTITUTE OF DAVID S. DONTEN, CPA CERTIFIED PUBLIC ACCOUNTANTS SCO'I'T D. DRUKER, CPA, JD TELEPHONE (561 ) 832-9292 JAMES B. HUTCHISON, CPA FAX (561) 832-9455 FLORIDA INSTITUTE OF JOEL H. LEVINE, CPA CERTIFIED PUBLIC ACCOUNTANTS JAMES E MULLEN, IV, CPA info@cdlcpa.corn THOMAS A. PENCE, JR., CPA SCOIT L. PORTER, CPA MARK D. VEIL, CPA Independent Auditor's Report on Compliance and Internal Control Over Compliance Applicable to Each Major Federal Program and State Project The Honorable Mayor and City Commission City of Boynton Beach, Florida Compliance We have audited the compliance of the City of Boynton Beach, Florida, with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement, that are applicable to its major federal program and state project for the year ended September 30, 2003. The major federal program and state project of the City of Boynton Beach, Florida, are identified in the summary of auditor's results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to its major federal program and state project is the responsibility of the management of the City of Boynton Beach, Florida. Our responsibility is to express an opinion on compliance by the City of Boynton Beach, Florida, based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. Those standards, OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program or state project occurred. An audit includes examining, on a test basis, evidence about compliance by the City of Boynton Beach, Florida, with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on compliance by the City of Boynton Beach, Florida, with those requirements. In our opinion, the City of Boynton Beach, Florida, complied, in all material respects, with the requirements referred to above that are applicable to its major federal program and state project for the year ended September 30, 2003. 102 Internal Control Over Compliance The management of the City of Boynton Beach, Florida, is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs and state projects. In planning and performing our audit, we considered the City of Boynton Beach, Florida's, internal control over compliance with requirements that could have a direct and material effect on a major federal program or state project to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on the internal control over compliance in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that would be material in relation to a major federal program or state project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended for the information of the Mayor, City Commission and management of the City of Boynton Beach, Florida, the Auditor General of the State of Florida and the City's federal and state awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. December19,2003 ~.,c~/ j/'~~ ~ ///'~/ 103 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE Year Ended September 30, 2003 Grantor/ CFDA Contract/Grantor 2003 Program Transfers to Program Title Number Number Expenditures Subrecipients Federal Awards U.S. Department of Housing and Urban Development Direct Awards Community Development Block Grant/Entitlement Grant 14.218 CDBG #B-00-MC-12-0043 $ 1,650 $ 1,650 Community Development Block Grant/Entitlement Grant 14.218 CDBG #B-01-MC-12-0043 99,113 45,673 Community Development Block Grant/Entitlement Grant 14.218 CDBG #B-02-MC-12-0043 516,453 417,147 Total U.S. Department of Housing and Urban Development 617,216 464,470 U.S. Department of Justice Direct Awards Local Law Enforcement Block Grant 16.592 2001-LB-BX-3923 10,094 0 Local Law Enforcement Block Grant 16.592 2002-LB-BX-0257 128,540 0 138,634 0 Passed through Palm Beach County, Florida Local Law Enforcement Block Grant 16.592 N/A 105,700 0 Passed through Palm Beach County, Florida Byrne Formula Grant - Multi-Agency Narcotic Unit Grant 16.579 02-CJ-2H-10-60-01-155 3,031 0 Multi-Agency Narcotic Unit Grant 16.579 02-CJ-5A-10-60-01-038 13,197 0 16,228 0 Total U.S. Department of Justice 260,562 0 Total Federal Awards $ 877,778 $ 464,470 See notes to schedule of expenditures of federal awards and state financial assistance. 104 Pr,ntsd on Recycled Paper CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE (Continued) Year Ended September 30, 2003 Grantor/ CSFA Contract/Grantor 2003 Program Transfers to Program Title Number Number Expenditures Subrecipients State Financial Assistance Florida Department of State Division of Library and Information Services Passed through Palm Beach County, Florida State Aid to Libraries 45.030 03-ST-44 $ 120,443 $ 0 Florida Housing Finance Corporation State Housing Initiatives Partnership Program 52.901 N/A 445,100 0 State Housing Initiatives Partnership Program 52.901 N/A 236,270 0 State Housing Initiatives Partnership Program 52.901 N/A 63,867 0 Total Florida Housing Finance Corporation 745,237 0 Total State Financial Assistance $ 865,680 $ 0 See notes to schedule of expenditures of federal awards and state financial assistance. 105 CITY OF BOYNTON BEACH, FLORIDA NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE September 30, 2003 NOTE A - SIGNIFICANT ACCOUNTING POLICIES The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance includes the federal awards and state financial assistance of the City of Boynton Beach, Florida, for the year ended September 30, 2003 and is presented in accordance with the requirements of the provisions of OMB Circular A-133 and the requirements of the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General. The Schedule of Expenditures of Federal Awards and State Financial Assistance has been prepared on the modified accrual basis of accounting. NOTE B - SCOPE OF SINGLE AUDIT The federal programs and state financial assistance projects have been audited in accordance with the provisions of OMB Circular A-133, the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General, for program transactions occurring during the year ended September 30, 2003. The City had one federal program with expended funds of $300,000 or more meeting the definition of a Type A program under the provisions of OMB Circular A-133. The following Type A program was audited as a major federal program: CFDA Contract/ Number Grant Number U.S. Department of Housing and Urban Development Community Development Block Grant/Entitlement Grant 14.218 CDBG#B-00-MC-12-0043 Community Development Block Grant/Entitlement Grant 14.218 CDBG#B-01-MC-12-0043 Community Development Block Grant/Entitlement Grant 14.218 CDBG#B-02-MC-12-0043 The City had one state financial assistance project with expended funds of $745,237 meeting the definition of a Type A program under the provisions of the Florida Single Audit Act. The following Type A program was audited as a major state project: CSFA Contract/ Number Grant Number Florida Housing Finance Corporation State Housing Initiatives Partnership Program 52.901 N/A NOTE C - CONTINGENCY Amounts received or receivable from grantor agencies are subject to audit and adjustment by those agencies. Any disallowed claims, including amounts already received, might constitute a liability of the City for the return of those funds. In the opinion of management, all grant expenditures were in compliance with the terms of the grant agreements and applicable federal and state laws and regulations. 106 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL PROGRAMS AND STATE PROJECTS Year Ended September 30, 2003 A. SUMMARY OF AUDITOR'S RESULTS 1. The auditor's report expresses an unqualified opinion on the basic financial statements of the City of Boynton Beach, Florida. 2. There were no reportable conditions disclosed during the audit of the basic financial statements of the City of Boynton Beach, Florida. 3. No instances of noncompliance material to the basic financial statements of the City of Boynton Beach, Florida, were disclosed during the audit. 4. There were no reportable conditions relating to the audit of the major federal program and/or state project. 5. The auditor's report on compliance for the major federal program and state project for the City of Boynton Beach, Florida, expresses an unqualified opinion. 6. There were no audit findings relative to the major federal program and state project for the City of Boynton Beach, Florida. 7. The programs/projects tested as major programs/projects were as follows: CFDA FEDERAL PROGRAM Number U.S. Department of Housing and Urban Development Community Development Block Grant/ Entitlement Grant 14.218 CSFA STATE PROJECT Number Florida Housing Finance Corporation State Housing Initiatives Partnership Program 52.901 8. The threshold for distinguishing Type A and B programs/projects was $300,000 for major federal programs and $259,704 for major state projects. 9. The City of Boynton Beach, Florida, was determined to be a low-risk auditee pursuant to OMB Circular A-133. 107 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL PROGRAMS AND STATE PROJECTS (Continued) Year Ended September 30, 2003 B. FINDINGS- BASIC FINANCIAL STATEMENTS None C. FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL PROGRAM None D. FINDINGS AND QUESTIONED COSTS - MAJOR STATE PROJECT None E. OTHER MATTERS 1. A Summary Schedule of Prior Audit Findings is not required because there were no prior year audit findings related to federal programs or state projects. 2. A Corrective Action Plan is not required because there were no prior year findings required to be reported under the Federal or Florida Single Audit Acts. 108 ,~]]~ CALER, DONTEN, LEVlNE, DRUKER, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K. CALER, JR., CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LOUIS M. COHEN, CPA WEST PALM BEACH, FL 33401-5948 AMERICAN INSTITUTE OF DAVID S. DONTEN, CPA CERTIFIED PUBLIC ACCOUNTANTS SCOFF D. DRUKER, CPA, JD TELEPHONE (561) 832-9292 JAMES B. HUTCHISON, CPA FAX (561) 832~9455 FLORIDA INSTITUTE OF JOEL H. LEVINE, CPA CERTIFIED PUBLIC ACCOUNTANTS JAMES F. MULLEN, IV, CPA info@cdlcpa.com THOMAS A. PENCE, JR., CPA SCOFF L. PORTER, CPA MARK D. VEIL. CPA Management Letter The Honorable Mayor and City Commissioners City of Boynton Beach, Florida We have audited the basic financial statements of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2003 and have issued our report thereon dated December 19, 2003. We conducted our audit in accordance with U.S. generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. We have issued our Independent Auditor's Report on Compliance and on Internal Control Over Financial Reporting based on an Audit of Basic Financial Statements Performed in Accordance with Government Auditing Standards, Independent Auditor's Report on Compliance and Internal Control Over Compliance Applicable to Each Major Federal Program and State Project, and Schedule of Findings and Questioned Costs. Disclosures in those reports and schedule, which are dated December 19, 2003, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General which requires that we address certain compliance and other matters in the management letter, if not already addressed in the auditor's reports on compliance and internal control or schedule of findings and questioned costs. In planning and performing our audit of the basic financial statements of the City of Boynton Beach, Florida, for the year ended September 30, 2003, we considered the City's internal controls in order to determine the scope of our audit procedures for the purpose of expressing an opinion on the financial statements and not to provide assurance on internal control. While our purpose was not to provide assurance on internal control, certain matters came to our attention that we want to report to you. These matters, along with our recommendations, and the communications required by the Rules of the Auditor General are as follows. CURRENT YEAR COMMENTS AND RECOMMENDATIONS General Employees Pension Financial Management The pension administrator is responsible for all aspects of the financial management of the General Employees Pension Plan, including check writing, recordkeeping and custody of assets. In addition to the lack of separation of incompatible duties, as noted in prior years audit reports, Section 18-100 of the City Code specifies that the director of finance for the City is responsible for these functions. We recommend that the financial management for the General Employees Pension Plan be restructured so as to comply with the requirements of the City Code and provide for the proper separation of duties. 109 General Employees Pension Benefit Calculations The Pension Administrator for the General Employees Pension Plan is currently using vendor purchased software to calculate the pension benefit for new retirees. In reviewing the calculations prepared by the software we noted one instance where the calculated pension benefit was changed to handwritten numbers on the calculation sheet with no explanation of the change. In discussing the benefit calculations with the Pension Administrator we were advised that the calculations are not independently verified. We recommend that the City send the benefit calculations to the actuary for the General Employees Pension Plan to verify the benefit calculation for each new retiree. Consideration may also be given to requesting the actuary to verify past benefit calculations that were not independently verified. General Employees Pension Plan Cash Disbursements In reviewing the bank reconciliations of the General Employees Pension Plan, we noted that benefit checks dated for the first day of the month were being released and clearing the Plan's bank account before the end of the prior month. We recommend that checks not be released prior to the date on the check, so that the accounting records accurately reflect the date of the transaction and account reconciliations reflect transactions in the proper period. Code Enforcement Fees At September 30, 2003 the City had approximately $30,000 of unpaid lot mowing and code enforcement related fees that were over one year past due. Although the City Code provides for filing liens for fees unpaid after 30 days, we were advised that liens had not been placed on the affected properties for the $30,000 of past due fees. We recommend that the City review its policy for placing liens on property and determine whether liens should be filed for these fees. The City might also evaluate whether it is cost effective to file liens for all code enforcement related fees or whether liens should be filed only for larger amounts. Consideration might also be given to alternative collection procedures for smaller amounts. Monitoring Grant Requirements The City enters into a contract with organizations receiving funds from the City through its Community Development Block Grant. The agreements generally provide that these subrecipient organizations provide an audited financial statement to the City within 180 days after the end of the organization's fiscal year. We noted two organizations that did not submit audited financial statements as required by their contract with the City and there was no further follow-up to ensure compliance. We recommend that the City review the policy regarding this contract requirement and consider whether this should be a requirement for smaller organizations that may not otherwise require an audit. The City should also adopt appropriate follow-up procedures to ensure compliance with all contract provisions. PRIOR YEAR FINDINGS AND RECOMMENDATIONS The Rules of the Auditor General require that we address in the management letter, if not already addressed in the auditor's reports on compliance and internal control, whether or not inaccuracies, shortages, defalcations, fraud, and/or violations of laws, rules, regulations and contractual provisions reported in the preceding annual financial audit report have been corrected. The audit for the prior year disclosed none of the foregoing matters. Additionally, the Rules of the Auditor General require that we address in the management letter, if not already addressed in the auditor's reports on compliance and internal controls, whether or not recommendations made in the preceding management letter have been followed or otherwise no longer 110 apply. We noted that the recommendations of the predecessor auditor related to the General Employees Pension Fund, Self Insurance and Information Technology included in their management letter dated December 30, 2002 for the year ended September 30, 2002 were satisfactorily resolved by the City during the 2002-2003 fiscal year or no longer apply. The following comment and recommendation included in the prior year management letter requires further consideration and action. Pension Administration In examining the records and processes related to the General Employees Pension, it was noted that the pension administrator is responsible for all aspects of the pension accounting process; such as check writing, recordkeeping and custody of assets. This lack of separation of incompatible duties increases the risk that errors or misstatements may occur and not be detected in a timely manner. If these duties cannot be cost effectively separated, an employee independent of the pension functions should review the work of the pension administrator, including bank reconciliations, disbursement records and interim pension reports. Periodic investment reviews would also help to ensure that errors are detected on a timely basis and provide the General Employees Pension Board with additional assurance as to the accuracy and completeness of interim pension financial reports. OTHER REQUIRED INFORMATION Consideration of Financial Emergency Criteria As required by the Rules of the Auditor General, the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with our audit, we determined that the City of Boynton Beach, Florida, was not in a state of financial emergency during the fiscal year ended September 30, 2003 as a consequence of the conditions described in Section 218.503(1), Florida Statutes. Financial Condition Assessment Procedures In connection with our audit, we applied financial condition assessment procedures for the City of Boynton Beach, Florida, pursuant to Rule 10.556(8), Rules of the Auditor General, for the year ended September 30, 2003. The results of our procedures disclosed no matters that are required to be reported. Annual Financial Report In connection with our audit, we reviewed the Annual Financial Report of Units of Local Government filed by the City of Boynton Beach, Florida, with the Florida Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, for the year ended September 30, 2003. We noted that the amounts reported in the Annual Financial Report were in substantial agreement with the audited financial statements for the year ended September 30, 2003. Investment of Public Funds As required by the Rules of the Auditor General, the scope of our audit included a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City of Boynton Beach, Florida, complied with Section 218.415, Florida Statutes. 111 Printed on Recycled Paper Budget Expenditures As indicated in Note 3 to the basic financial statements for the year ended September 30, 2003, several departmental expenditure categories exceeded budgeted amounts contrary to Section 166.241(3), Florida Statutes. Other Matters The Rules of the Auditor General require disclosure in the management letter of the following matters if not already addressed in the auditor's reports on compliance and internal controls: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures; (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. Our audit of the City of Boynton Beach, Florida, for the year ended September 30, 2003 disclosed none of the foregoing matters that are required to be disclosed. This report is intended for the information of the Mayor, City Commission and management of the City of Boynton Beach, Florida, the Auditor General of the State of Florida and the City's federal and state awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Decemberl9,2003 ~tJ/~~ ~ ////~ 112 The City of Boynton Beach 100 E. Boynton Beach Boulevard Finance Administration P.O. Box 3t0 Phone: (561) 742-6310 Boynton Beach, FL 33425-0310 Fax: (561) 742-6316 MANAGEMENT LETTER RESPONSES Listed below is the City's responses to the audit comments issued in connection with the City's FY 2002/2003 financial records. General Employees Pension Plan · Financial Management - The Finance Director submitted a request to the General Employees Pension Board to authorize the Finance Department to assume the financial responsibility for the General Employees Pension Plan. The Board discussed the recommendation at their February meeting. A decision was tabled to their next meeting which will be held in April, 2004. · Benefit Calculations - The General Employees Pension Board at their meeting on 2/20/04 instructed the pension administrator to forward all calculations completed during the past year to the City's actuary for verification. All future calculations are to be sent to the actuary for verification prior to the boards approving the employees retirement. · Cash Disbursements - There is little the City can do to resolve this matter. We request that retirees not cash the checks prior to the check date, however that does not always happen. We have to mail the checks prior to the check date and if the retiree receives the check prior to the check date they sometimes cash them. The checks that are picked up are not released until the first of the month unless that day happens to fall on a weekend or holiday then the checks are given out a day early. Code Enforcement Fees · The City has now set forth a policy on when unpaid lot mowing fees will be turned over to the City Attorney for liens. Monitoring Grant Sub-recipients · The Development Department will revisit their follow-up policy on organizations required to file audited financial statements Diane Reese Director of Financial Services V. ADM~N~'STRRT~rVE ~TEM A. V. ADMI'NZSTRATZVE CITY OF 80Y,N~OH BEACH: I'TEM B. CITY CLERK $ OFFICE 0hFEB 2h PM I: 09 February 23, 2004 '--'' ] Commissioner Mike Ferguson City of Boynton Beach 100 East Boynton Beach Blvd. P.O.Box 310 Boynton Beach, Fl. 33435'0310 Dear Commissioner, Having been on the Codes Compliance Board for over fifteen years, the time has come to retire. It has been very rewarding for me to have worked with the City Inspector, recording secretary,assistant City attorney and especially Scott Blaise for their great contribution on helping the city to take on a new sparkle. So, therefore, I submit this letter of resignation and thanks for allowing me to be part of the Codes Compliance family. Sincerel nr±co Rossi cc: Scott Blaise, Administrator Chris Deliso, Chairman VI.-CONSENT AGENDA O CITY OF BOYNTON BEA ITEM B.1 AGENDA ITEM REQUEST 1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must b~t~'ume~ Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's O, .j~ [] December2,2003 November l7, 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)~ [] 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 the "piggy-back" of TOWN OF PALM BEACH (RFP #2003-13), and JACKSONVILLE ELECTRIC AUTHORITY (BID #WCS 123-00) to INSITUFORM TECHNOLOGIES, INC. for CURED IN PLACE PIPE REHABILITATION in the amount of $431,833.62, plus a ten (10) percent project contingency of $43,183.00. EXPLANATION: Utilities Department, Wastewater Collection Division, is involved in an annual renewal and replacement program for sewer main and lateral restoration. In the past, Insituform Technologies, Inc. has provided this service with great success, and Wastewater Collection Division would like to continue using them for this service. There are currently two (2) bids that can be utilized: Town of Palm Beach, and Jacksonville Electric Authority. The Town of Palm Beach bid will be used for sewer main cured in place pipe (cipp) rehabilitation work, and the Jacksonville Electric Authority bid will be utilized for pipe bursting lateral/cipp lateral rehabilitation work. The rehabilitation of sewer mains and laterals will take place in the following areas: 1. N.E. 17th Avenue 2. N.E. 2Na Lane Easement 3. S.W. 3ra Court 4. Hunter's Run, Southport PROGRAM IMPACT: Insituform Technologies has performed these services for the City for several years and has proven to be a reliable and effective alternative to the costs of replacing sewer lines at a significant higher cost. FISCAL IMPACT: Funds are allocated in the FY 2003/2004 budget as follows: Account Description Account Number Amount CIP R&R Sewer 405-5000-590-96-04 $ 4~75,016.62 Project #SWR064 Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RECEIVED Memorandum Utilities #04-14 F~ 0 ~ 200ti TO: Bill AtMns Procur~t S~ices FROM: M~k Law D~uW Utiliw D~ector DATE: Febm~ 6, 2004 SUBJECT: Agenda Item / ~-Back To~ of Pa~ Beach ~P Bid ~2003-13 / ~-Baek ~A Bid ~WCS 123-00 Cured ~ Place pipe Rehab~tafion ~e W~tewat~ Collation Di~sion is Nvolv~ in a r~ewal ~d r~lac~t pro~ each ye~ for sew~ m~n ~d lm~ restoration. N ~e p~t, we have mn~ct~ wi~ Nsimfo~ TecMolo¢~ ~e D~mmt had ~eat success wi~ Nsimfo~ T~oloees ~d would l~e to continue. W~tewat~ Collection Division is r~uestNg approval to pi~ack ~e To~ of Pa~ Beach bid ~at w~ aw~d~ to ~simfo~ T~oloees ~c. of Jackson~lle Florida on S~t~b~ 15, 2003 ~d the Jackson~lle El~c Au~ofiW bid ~at w~ ~so aw~d~ to ~simfo~ Tec~olo~es Nc. on S~t~b~ 22, 2003. Sew~ Mm C~P (c~ ~ place pipe) rehabilitation work Mll be b~ on To~ ofP~ B~ch Bid ~d ~e pipe bmug lat~ / C~P Larval reh~ilitafion work ~11 be b~ on ~e JEA Bid. ~e rehabilitation of sew~ m~d lat~s Mll ~e plato in thc follo~g ~e~: 1. NE 17 Ave. 2. NE 2d ~e E~t. 3. SW 3~ Ct. 4. H~ter's R~, Sou~n We est~ate 2496 ~. of 8" sewer mm ~d 2,035 of 15" sewer m~ m a cost of $211,104.85. We estate 57 lat~ s~ce l~e r~lac~ts at a mst ors 220,728.00. ~e to~ proj~t mst wi~ a 10% mn~g~cy is $475,016.62. ~e 10% mn~g~cy is for ~for~ r~ to additional sew~ ~W mm or lat~ r~. ~e ~dition~ work will be det~ ~d au~ofiz~ by d~~t ~d ms~ will be b~ on ~t pfimg acmrd~g to ~ bids. ~clud~ ~ ~e tot~ mst is b~s~g, lat~ r~ecfiom ~d r~t r~ov~ ifn~s~. A~ch~ mn~am ~d ~e pro~. F~ds ~e available N acm~t ~ 401-5000-590-96.~ S~064. Plebe pr~t ~s at ~c next Ci~ of Boston Beach Co~ssion m~t~g for ~eff approval. If you have ~y qu~fions pl~e mnta~ M~k Law at ext. ~03 or Tony ~mb~di at ext. ~21, you. CC Tony ~mb~di B~ Conboy File A~ac~ts lnsituform · [O~i?~[]~C. Worldwide Pipeline 11511 Phillips Hwy S. Tel: (904) 262-5802 TechrlO_~_~__~_ Rehabilitation Jacksonville, FL 32256 Fax: (904) 292-3198 (800) 633-8362 www.insituform.com January 13, 2004 Mr. Tony Lombardi, Supervisor Wastewater Division City of Boynton Beach 124 East Woolbright Rd. Boynton Beach, FL 33435 Re: NE 2"a Lane, NE 17t~ Ave., Hunters Run and SW 34 Court Sewer Reconstruction Dear Tony, We are pleased to submit this proposal to reconstruct the 8" and 15" sewer lines located at the above address using "Cured-in-Place-Pipe" (CIPP). These prices are based on OUr 2003-04 Annual Contracts with The Town of Palm Beach, FL and the JEA, which are available for "piggyback" by the City of Boynton Beach. NE 2nd Lane Easement 594 If8" x 6 mm CIPP $ 27.50/1f $ 16,335.00 594 If8" sewer bypass $ 1.50/If $ 891.00 594 If 8" easement $ 4.00/lf $ 2,376.00 2,035 If 15" x 7.5 mm CIPP $ 42.50/1f $ 86,487.50 2,035 If 15" sewer bypass $ 15.41/lf $ 31,359.35 2,035 If 15" easement $ 4.00/lf $ 8,140.00 Root removal, if necessary 8" ,300 If $ 2.81/lf $ 843.00 Root removal, if necessary 15", 300 If $ 5.62/1f $ 1,686.00 Subtotal $148,117.85 NE 17th Ave. 400 If8" x 6 mm CIPP $ 27.50/1f $ 11,000.00 400 If sewer bypass $ 1.50/lf $ 600.00 400 If easement $ 4.00/If $ 1,600.00 Subtotal $ 13,200.00 SW 3r~ Court 317 If8" x 6 mm CIPP $ 27.50/lf $ 8,717.50 317 If8" sewer bypass $ 1.50/lf $ 475.50 Root removal, if necessary, 317 If $ 2.81/1f $ 890.77 Subtotal $ 10,083.77 Lateral Rehabilitation Hammer tap removal, if necessary, 2 ea. $ 300.00/ea $ 600.00 Pipeburst laterals 4-8 f~ deep, 456 If $ 48.00/lf $ 21,888.00 Lateral connections 4-8 f~ deep, 38 ea $2,200.00/ea $ 83,600.00 Pavement removal, 48 SY $ 7.00/sy $ 336.00 Pavement replacement, 48 SY $ 38.00/sy $ 1,824.00 Sodding, 210 SY $ 38.00/sy $ 7,980.00 Subtotal $116,228.00 Hunters Run 1,185 If8" x 6 mm CIPP $ 27.50/1f $ 32,587.50 1,185 lf8" sewer bypass $ 1.50/If $ 1,777.50 Service reconnections w/grout, 19 ea $ 281.00/ea $ 5,339.00 CIPP laterals to 15 If, 19 ea. $4,600.00/ea $ 87,400.00 CIPP laterals, add footage >15 If, 95 If $ 180.00/If $ 17,100.00 Subtotal $144,204.00 Project Total $431,833.62 10% Contingency 43,183.00 Total $475,016.62 The terms and conditions governing this proposal are as follows: Proposal Inclusions: · Certificate of Insurance with standard coverage · Pre-installation video inspection recorded on VHS tape · Standard cleaning of the existing pipe prior to installation Root cleaning if necessary Sewer bypass · Post-installation video inspection recorded on VHS tape · Standard one year warranty · Actual field measurements will determine final invoice quantities Proposal Exclusions: · Premiums for special insurance coverage requirements · Point repairs of any collapsed sections of the existing pipeline · Permits · Disposal site for debris removed during cleaning · Please note that if any hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials · Constructions access easements Proposal Terms: · , Payment due within 30 days of completion of the project · Partial monthly payments may be requested · Proposal valid for 45 days Limited Warranty IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES PROVIDED BY THE CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF THE CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. Mutual Release of Consequential Damages: Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. Proposal Subiect to Negotiation of Other Standard Terms of A~reement: This proposal is subject to agreement of the parties on other terms and conditions as are customary in contracts of this nature. We appreciate the opportunity to quote on this project. If you have any questions, please call me. Sincerely, INSITUFORM TECHNOLOGIES, INC. Ted Hotchkiss, Area Account Manager Owner Acceptance: Date: Please sign and return one copy of this proposal for our files or, if you prefer, a purchase order or subcontract for our execution. INSITUFORH Fax:9042925198 Feb 2 2004 9:16 P. 01 'FAX Transmission If you have problems recalving this fax, please call 904-292-3147 INSITUFORM Fax:9042925198 Feb 2 2004 9:16 P. 02 ~ CERTIFICATE OF LIABILITY INSURANCE THIS 6,~k i ~rfOATE 18188UED AG A MAT~K OF ~ Lac{~ ~m ONLY AND P, ONFER8 HO RIGHTS UPON THE CER'TIq~'m (314) ~ INSURERS AFFORDING COVERAGE :041891 P.O, BOX 41629 mmu~ B: LiBerty. Iumunm~,, Co.m J.N:3<SOHVILLE FL 32209-1629 A ~m~~[_._~ R02-641-004215-033 0'//01/2003 07101/2004 .m;nAu~,s,.--,., , 100,000 X ]NDI~¢DI~T COit~[R BROAD FORM PD/CONTRACT~ AL X XCU,, BLKT WAW~J~ O~ SUBRO, ,~..NmM&.~m~m $ 2,000,0~0.._ A X ,mwu.~o AJ2-641-004218..023 (Y7101/2003 07/01/2004 {~:m,~ .......... ~u. owN~ ~rros BI,itT ADDITIONAL IIVSURED noo~tv ,,4Ju~v X ~:m,:r.v[m) Au'rom I ............. ,,m, s XXXXXW~ ..... I XXXXXXX ! .. I I ~.~.-~;; ........ , .. 1~1 ~IOULD ANy OF 11~ ,,~BOVE OESGRIBED POuC;EI{ BE CAM~LLED ~ 11~ E{e'IM, IlON ~ I~ gl. 994~g,~t0 swum m muanm, o. umutYor I TOWN 'OF PALM BEACH Public Works Deparunem September 18, 2003 Mr. Randy Han.sbrough District Manager Insituform Technologies, Inc. P.O. Box 41629 Jacksonville, FL 32203 Dear Mr. Hansbrough: Enclosed is one fully executed original copy of the Cured-in-Place Pipe Rehabilitation contract for your records. 'We look forward to working with you on this project. Sincerely, Lawrence C. Plympton Water Resources Manager LCP:ms Enclosure cc: Peter B. Elwell, Town Manager, w/Copy Albert P. Dusey, P.E., Director of Public Works and P.W. File, w/Original Mary A. Pollitt, Town Clerk, w/Original H. Paul Brazil, P.E., Assistant Director of Public Works w/Copy MAtLLNG ADDRESS: Post Office Box 2029 o 360 South County Road · Palm Beach. Florida 33480 - (561) 838-5-440 LOCATION: Suite A - 951 Old Okeechobee Road · West Pal~n Beach, Florida 33401 · Fax (561) 835-4691 CONTRACT THIS CONTR~CTmade and entered into this /~day of ~,~'7~/'~tta~ , 2003, by and between the Town of Palm Beach, Florida, hereinafter referred to as the TOWN, and Insituform Technologies, Incorporated, hereinafter referred to as the CONTRACTOR, whose address is P.O. Box 41629, Jacksonville, FL 32203. WlTNESSETH, that the CONTRACTOR and.the TOWN, for the considerations hereinafter named, agrees as follows: ' The COBITRACTOR hereby agrees to furnish all the materials and all of the equipment and labor neeessar3/} and to perform all of the work shown on the drawings and described in the SpecfficatiOns for the project entitled: CURED IN PLACE PIPE REHABILITATION REQUEST FOR PROPOSALS NO. 2003-13 TOWN OF PALM BEACI:I, FLORIDA All in accordance with the requirements and provisions of the following documents which are hereby made a part of this Contract: A. Specifications issued by the Town of Palm Beach, dated June 15, 2003. B. Addenda No. 1 as prepared by the Town of Palm Beach, dated July 11, 2003. C. Instructions to Bidders and General Terms & Conditions. Contract Sum Proposal The Contractor herein proposes as noted below and contracts with the Town of Palm Beach for the Unit Prices noted herein. C-1 CURED IN PLACE PIPE REHABILITATION REQUEST FOR PROPOSALS NO. 2003-13 TOWN OF PALM BEACH, FLORIDA SCHEDULE OF BIDS See attached schedule of bid items, pages 54 TO 56. This Agxeement inco.rpomtes by reference, the following documents pertaining to Cured in Place Pipe Reha.-]bilitation, Request for Proposals No. 2003-13, and all those documents listed in the TABLE OF CONTENTS, including, but not limited to: "Invitation to Bid:," "Instructions' to Bidders,""Bid, ....Schedule of Prices,""General Terms & Conditions, .... Technical Specifications," and "Addendum." IN WITNESS WHEREOF the parties hereto have executed this Contract the day .and year first above written. COMPANY NAME: Insituform Technologies, Incorporated ~<~ntractor ~igna~urof ~Q~ ~- ~~ Print Name and Title ' ~ . , Secretary ...... (COP. PO TE SEAL)'-' C-2 SCHEDULE OF PRICES Estimated Ouantities for Sanitary Sewer Rehabilitation through the Installation of Cured in Pla~ Pipe Process Specialty Cleaning, .Estimated U.~gt Unit Unit pri~ Total Pri~ (<= I2" Diimeter) 100 LF ' g ~ 5 1. OO ~oot or He.vy Gre::.,e (>12" Diamcter) 200 LF , D 2-- ~-,00 Zuberculation " (<=12" Diameter) 200 LF Tubercula£ion (>12" Diame,er) 100 LF Ancillary Services Additional By-pas., Pumping (<=~?" Vi.meter) 5oo By-pass Pumping and Grouting 50 Each ~r'~ ! O,SO. Dc:> televising of non-lined pipes Additional Cost Per Soot for 200 LF ~'q,~ ~VO. DC) lining in easements StmTOT^~. ~ 2q / 2 Iq, 0:5> Page 54 of 5'/ TOWN OF ~ 1~ I~ACE PIPE I~IIJTATIOb/ REOIIEST FOP. PROPOSAI~ NO. :lffi3.13 SCHEDULE OF PKICES 'Eatimated Quantities for Sanitary'Sewer Rehabilitation through the Installation of Cured in Place Pipe, Process Installation of Cured-In-Place Liner Estimated Usage Unit Unit price Total Price ~anit.ary Sewer Mains "i 1. 6.0mm Nominal Thickness (.236) B 10" Diameter 6.0mm Nom 500 ., Thickness (.236) 2. 7.5mm Nominal Thickness (.295) 500 LF C. 12" Diameter 1. 7.5mm Nominal 500 LF [ _~,,. Thickness (.295) D. 15" Diameter 1. 7.5mm Nominal Thickness (.295) 550 LF 2. 9.0mm No~ ~ic~ess (.354) 5~ LF , ~~ --LZ/OoO. oo E. 18" Dimeter 1. 7.5~Nom~al ~,~O ~~,00 Thick,ss (.295) 500 LF 2. 9.0mm Nomin~ Thic~ess (.354) 5~ LF ~-~ 3. 10.5~Nom~ Thic~ess (.413) 5~ ¢2%00 SD~TOT.~ t Page 55 of 57 TOWN OF PALM' CURED IN Irt&CE PIPE REHAlffi.ITATIOI~ RF~UF. ST lq)R PROPOSALS NO. 1~03-13 SCttEDLrLE OF PRICES Es~ted Quantifies for Sanitary Sewer Rehabilitation through the Installation of Cured in Place Pipe Process Installation of Cured-In-Place Liner Sanitary Sewer Mains (con't)Estimated Usag/C' Unit Unit price Total Price F. 21" Diameter Thickness (.354) 100 LF _ Thickness (.413) 100 LF. &&,frO ~,~,,.~O.O~'~ 3. l~:0mm Nominal Thickness (.,m) 5OO Lr (~,~O &,~'~0.~ G. 24" Diameter ~ic~ess (354) Thic~ess (.413) 1~ LF ~ic~e~ (.472) ' 5~ LF 4. 13.5~ Nominal ' Thic~ess (.531) 100 LF ~ 12 ~,~ Thickness (.591) 100 LF S TOT. COMMEN~S: Page 56 of 57 CURED IN PLAC~ PIPE~rI~rrATtON REQUEST FOR PROPOSA_LS NO. TOWN OF PALM BEACH, FLORIDA Contract Sum/A_m'eement Acceptance The Town of Palm BeaCh accepts the Contractor's Proposal and will pay to the Contractor for 'faithful performance of the contract, in lawful money of the United States of America, in accordance to the unit prices bid and the actual work performed. : Bid awarded by Palm Beach Town Council"~n August 12, 2003 by Resolution No. 29-03. TOWN OF PALM BEAC~ FLORIDA WITNESS: By: Peter B. Elwell, Town Manager Recommend Approval Approved as to form and legal sufficiency: Counsel for Town of Palm Beach Date: z~_ / [ ,2003 Date: ¢"-/0,2003 ~be~ ?. Dusey, Director of ~-r~ Work~ ~h~ C. R~dolp~h, Town Atto~ey C-3 Procurement Department 21 W. Church Street Jacksonville, Florida 32202-3139 Telephone 904-665-7284 Facsimile 904-665-7224 E-Mail: Beckeh@JEA.com October 17, 2003 Mr. Gerald Addington Instituform Technologies 11511 Philips Highway Jacksonville, FL 32256 RE: Cured In Place Pipe Unit Price WCS-123-00 Dear Mr. Addington: Enclosed for your files is the duplicate original of the fully executed contract amendment between your company and JEA for the above referenced project. Please note that this contract bears the number JEA 18228 and all invoiees and/or correspondence pertaining to the contract shOuld reference its number. Please feel fi~ee to contact me at (904) 665-7284 should you have any questions. Contracts Enclosures Robert Kermitz Lillie Bmgh-Ifizarry AMENDMENT NUMBER 4 TO CONTRACT NUMBER 18228 BETWEEN JEA AND INSITUFORM TECHNOLOGIES THIS AMENDMENT NUMBER 4, made and entered into this ~.vxcl day of ~ , 2003, by and between, JEA, a body politic and corporate in Jacksonville, Florida, and INSITUFORM TECHNOLOGIES ("CONTRACTOR"), WITNESSETH: WHEREAS, on June 7, 2000, the parties made and entered into a Agreement under which CONTRACTOR agreed to provide cured in place pipe unit price construction for JEA (the "Agreement" or "Contract") for a not to exceed amount of $2,000,000.00 with five optional one year renewal periods; and WHEREAS, said Agreement was subsequently amended to increase the maximum indebtedness of JEA to $8,000,000.00 and to exercise two of the renewal options; WHEREAS, such Agreement remained in full force and effect as to all its terms, conditions and provisions as set forth therein until May 17, 2003; and WHEREAS, JEA and CONTRACTOR desire to ratify the expired contract and incorporate it herein as if set out in its entirety, exercise the third one year renewal option, and to increase the maximum indebtedness of JEA by an additional $1,000,000.00; now therefore IN CONSIDERATION of the Agreement and for the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties agree that: 1. The above stated recitals are true and correct and, by reference, are incorporated herein and made a part hereof. 2. Paragraph 1 shall be amended to read as follows: "1. That CONTRACTOR is the lowest and best responsible bidder for Groundworks - Cured In Place Pipe Unit Price Construction for JEA for period May 18, 2000 through May 17, 2004 in accordance with plans and specifications hereinafter referred to, and has been awarded the contract for said work. Following the completion of the initial term of this Agreement, JEA in its sole discretion, may renew this Agreement for two .additional one year periods, subject to the availability of lawfully appropriated funds." 3. Paragraph 2 shall be amended to read as follows: "2. The CONTRACTOR shall, at its own cost and expense, do the work required to be done and furnish the materials required to be furnished on said work in accordance with plans and specifications approved by JEA, numbered WCS-123-00, with bid opening date of May 4, 2000, designated as Groundworks - Cured In Place Pipe (CIPP) Unit Price Construction" and strictly in accordance with the advertisement calling for bids, plans, specifications, blueprints, requirements of the said JEA, proposal of the said CONTRACTOR, and award therefor, now on file in the office of the Chief Purchasing Officer, Procurement Department of JEA, all of which are hereby especially referred to as "Contract Documents" and, by reference, made a part hereof to the same extent as if fully set out herein, for the total sum not to exceed Nine Million and No/100 Dollars ($9,000,000.00) at and for the prices and on the terms contained in the CONTRACTOR's said proposal for the doing of said work and the said award therefor, and the Contract Documents hereinabove specifically referred to and made a part of this contract." SAVE AND EXCEPT as hereby specifically amended herein, the terms and conditions of the June 7, 2000 Agreement, as amended, shall remain in full force and effect. ATTEST: JEA Signatur~ James A. Dickenson Chief Operating Office¥ Print or T-~pe Name Title t , ATTEST: INSITUFORM TECHNOLOGIES, INC. amre -' ' '-' ' - Suzan G,~iternnann James R. Hansbrough Print or Type Name Print or Type Name Cont tact ing & At test i ng Off i cer Di st r i ct Manager Title Title CONTRACTOR I hereby certify that the expenditure comemplated by the foregoing Agreement has been duly authorized, and provision has been made for the payment of the monies provided therein to be paid. Nanette Rund Director, Budget JEA TASK SUMMARY / PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT -- PA #: PROJECT NAME: Item Spec SC Est. Units Deacrlptfon No. No. No. Q~. I 903 0 LS Testin~ AJlowance $1,000.0C :Furnish and install 6" ClPP lining, 6 mm 2 961.1 0 LF thick $ 3e.0( MM ~ for e~ch 1.5 mm diff~nmce (Tom 6.0 mm thick 2A 0 ~ for 8" ClPP ~ ($.SO per 1.5 mm change) $ 0.S( Furnish and Install 10" CIPP lining 6.0 mm 3 961.1 0 LF thick $ 42.o; MM Add for each 1.$ mm difference from 6.0 mm thick 3A 0 THICKER for 10" ClPP (~ ($1.00 per 1.5 mm change) $ 1.o; I Furnish and install 12" CIPP lining, 6.0 mm 4 961.1 0 LF thick $ 46.o; MM Add for each 1.5 mm difference from 6.0 mm thick 4A 0 THICKER for 12" ClPP ~ ($1.50 Pe~ 1.5 mm change) $ 1.5~ I Furnish and install 15" ClPP lining, 7.5 mm 5 961.2 0 LF thick $ S3.K MM Add for each 1.5 mm difference from ?.5 mm thick 5A 0 THiCKE~ for tS" ClPP ~ ($2.00 per 1.5 mm change) $ I Fumish and install 16" ClPP lining, 7.5 mm 6 961.2 0 LF thick $ MM Add for each 1.5 mm difference fTom 7.5 mm thick 6A 0 THICKER for 16" ClPP ~ ~2.00 per 1.5 mm chen~e) $ 2.~ I Fumish and Install 18" CIPP lining, 9.0 mm 7 961.2 0 LF thick $ 6~.2e MM Add for each 1.5 mm difference from 9.0 mm thick 7A 0 'rta(3m.~ for 18" CIPP I~1452.20 Per 1.5 mm change) $ 2~ I Furnish and install 20' ClPP lining, 9.0 mm 8 961.2 0 LF thick $ 86.0e MM Add for each 1.5 mm difference from g.0 mm thick 8A. 0 'fHICKER for 20" CIPP t~ ($3.00 per 1.5 mm chancre) $ 3.00 I Fumish and install 21" CIPP lining, 9.0 mm 9 961.2 0 LF thick $ 87.00 MM Add for each 1.5 mm difference from ~.0 mm thick 9A 0 ~ for 21" CIPP d~ ($3.00 per 1.5 mm change) $ 3.0O I Fumish and install 24" CIPP lining, 9.0 mm 10 961.2 0 LF thick $ 104.70 ufa Add for each 1.$ mm difference from 9.0 mm thick 10A 0 THICKER for 24" CIPP ~ ($3.10 per 1.$ mm chanl;~e) $ 3.10 I Fumish and Install 30" ClPP lining, 12.0 11 961.2 0 LF mm thick $ 122.40 MM Add for each 1.5 mm difference from 12.0 mm thick 11A 0 ~,acKER for 30" CIPP ~1 ($3.80 per 1.5 mm chm~le) $ 3.80 Furnish and Install 36" ClPP lining, 13.5 12 961.2 0 LF mm thick $ ts3.so MM Acid for each 1.$ mm difference from 13.5 mm thick 12A 0 THICKER for 36" CIPP d~ ~1.50 per 1.5 mm change) S 4,50 Furnish and Install 42" CIPP lining, 13.5 13 961.2 0 LF mm thick $ 173.0o MM J.,dd for each 1.$ mm difference from 13.5 mm thick 13A 0 TH~C~.R for 42" CIPP (~ ~$3.0O per 1.5 mm change) S $.0( Fumish and install 48" ClPP lining, 15.0 14 961.2 0 LF mm thick $ 193.o; MM Add for each 1.5 mm difference from 15.0 mm thick 1,IA 0 THICKER for 48" CIPP I~ ($6.0O pe~ 1.5 mm change) $ 6.o; I Fumish and install 54" CIPP lining, 21.0 15 961.2 0 LF mm thick $ 310.0; MM Add fo~ each 1.5 mm difference from 21.0 mm thick 15A 0 THICKER for M" CIPP l~ ($8.0O per 1.$ mm change) $ 8.0~ Pipe Bursting 3' - 4' Sen/ice Lateral to 4.5" 16 961.4 0 LF OD SDR 19, HDPE (0' - 4' Deep) 45 Pipe Bursting 3' - 4' Sen~ice Lateral to 4.5" 17 961.4 0 LF OD SDR 19, HDPE (4'- 8' Deep) 48 Pipe Bursting 3' - 4" Service Lateral to 4.5' 18 961.4 0 LF OD SDR 19, HDPE (8'- 12' Deep) 52 TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT PA #: PROJECT NAME: ttem Spec SC Est. Units Description No. No. No. Q~. Pipe Bursting 3' - 6" Service Lateral to 6.625' 19 961.4 0 LF OD SDR 19, HDPE (0'-4' Deep) $ 47.0( Pipe Bursting 3' - 6' Service Lateral to 6.625' 20 961.4 0 LF OD SDR 19, HDPE (4' - 8' Deep) $ 49.o( Pipe Bursting 3" - 6" Service Lateral to 6.625" 21 961.4 0 LF OD SDR 19, HDPE (8'- 12' Deep) $ 54.o~ Adjust/Reset Manhole Frame and 32" Dia 22 962 0 EA Cover, Up to One Foot $ 345.o~ Adjust/Reset Manhole Frame and 32" Dia 23 962 0 VF Cover, (Item 23), Excess Over Foot $ 345.oc Lateral Connection (PVC to PVC) (~ 8" - 12' 24 963.1 0 EA CIPP, (0'-4' Deep) 210(~ Lateral Connection (PVC to PVC) ~ 8" - 12' 25 963.1 0 EA CIPP~ (4' - 8' Deep) 220(] Lateral Connection (PVC to PVC) ~ 8" - 12" 26 963.1 0 EA CIPP~ (8'- 12' Deep) 2500 Lateral Connection (PVC to PVC) @ 8" - 12" 27 963.1 0 EA CIPP, (12'- 16' Deep) 2600 Lateral Connection (PVC to HDPE) @ 8' - 12" 28 963.1 0 EA CIPP, (0' - 4' Deep) 1100 Lateral Connection (PVC to HDPE) @ 8" - 12' 29 963.1 0 EA ClPP, (4' - 8' Deep) 140{ Lateral Connection (PVC to HDPE) @ 8" - 12" 30 963.1 0 EA CIPP, (8'- 12' Deep) 1600 Lateral Connection (PVC to HDPE) @ 8' - 12" 31 963.1 0 EA ClPP, (12'- 16' Deep) 2000 Lateral Connection (DFVV Flexible Saddle to 32 963.2 0 EA PVC) ~ 8' - 12" HDPE, (0'- 4' Deep) 2100 Lateral Connection (DFVV Flexible Saddle to 33 963.2 0 EA PVC) (~ 8" - 12" HDPE, (4'- 8' Deep) 2200 Lateral Connection (DFVV Flexible Saddle to 34 963.2 0 EA PVC) ~ 8"- 12" HDPE, (8'- 12' Deep) 2500 Lateral Connection (DFW Flexible Saddle to 35 963.2 0 EA PVC) {~ 8' - 12" HDPE, (12' - 16' Deep) 2500 Lateral Connection (DFVV Flexible Saddle to 36 963.2 0 EA HDPE) ~ 8" - 12" HDPE, (0'- 4' Deep) 1100 Lateral Connection (DFVV Flexible Saddle to 37 963.2 0 EA HDPE) ~ 8' - 12" HDPE, (4' - 8' Deep) 1400 Lateral Connection (DFW Flexible Saddle to 38 963.2 0 EA HDPE) ~ 8" - 12' HDPE, (8' - 12' Deep) 1600 Lateral Connection (DFVV Flexible Saddle to 39 963.2 0 EA HDPE) ~ 8" - 12' HDPE, (12' - 16' Deep) 2000 Lateral Connection I Liner (T-Liner TM) 4" x 40 963.3 0 EA 15' 4000 Lateral Connection ! Liner (T-Liner TM) 6" x 41 963.3 0 EA 15' 4600 42 963.3 0 LF Lateral Uner (T-Uner TM) 4' x 1' $ 9oo.oo 43 963.3 0 LF Lateral Uner (T-Uner TM) 6' x 1' $ 9o0.00 Reconnect existing services using robotic 44 963.4 0 EA internal crier $ 35o.oo 45 963.5 0 EA Hammer Tap Removal $ 3oo.oo Lateral Connection Deemed Inactive (0' - 4' 46 964 0 EA Deep) S 1,8oo.oo iLateral Connection Deemed Inactive (4'-8' 47 964 0 EA iDeep) $ 1,ooo.oo 'Lateral Connection Deemed Inactive (8' - 12' 48 964 0 EA De~) $ 2,000.00 Lateral Connection Deemed Inactive (12'-16' 49 964 0 E~ Deep) $ 2,2oo.oo 965.1 0 LF CCTV and light Clean 8" - 21" Dia pipe $ 3.0o 965.1 0 LF CCTV and Light Clean 24" - 54' Dia pipe $ 5.0o TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT PA #: PROJECT NAME: Item Spec SC Est. Units Description No. Ho. Ho. Q~. 52 965.2 2 0 LF Tuberculafion Removal 8' - 12' Diameter $ 25.6( 53 965.2 2 0 LF Tuberculalion Removal 14'- 18" Diameter $ 25.0( 54 965.2 2 0 LF Tuberculalion Removal 20' - 24" Diameter $ 50.0( 55 965.2 2 0 LF Tuberculation Removal 27' - 42' Diameter $ 50.0( 56 966 0 LF Bypass Pumping - 18" pipe $ 17.1E 57 966 0 LF Bypass Pumping - 20' pipe $ 27.6( 58 966 0 LF Bypass Pumping - 21' pipe $ 27.9( 59 966 0 LF Bypass Pumping - 24" pipe $ 31.9; 60 966 0 LF Bypass Pumping - 30' pipe $ 35.1( 61 966 0 LF Bypass Pumping - 36" pipe $ 38.7; 62 966 0 LF Bypass Pumping - 42, pipe $ 67.3; 63 966 0 LF Bypass Pumping - 48" pipe s 72.3( 64 966 0 LF Bypass Pumping - 54' pipe $ ~5.6( 65 966 LF Rigid Bypass $ 8.0( 56 966 LF Flexible Bypass $ 6.0( Survey Manhole Invert Elevations Referenced to NGVD 1929 Benchmark Or USC & 67 967 0 EA GSDATA $ 230.0( 68 408-4 I 0 CY A-3 Soil Backfill $ 9.0( 69 408-4 I 0 CY Flowable Fill $ 61.0( 70 427.1 0 EA Type 'A' Manhole (0' -4' Deep) $ 3,800.0( 71 427.1 0 F_A Type 'A' Manhole (4'- 6' Deep) $ 4,3oo.0( 72 427.1 0 EA Type 'A' Manhole (6' - 8' Deep) $ 4,700.0( 73 427.1 0 EA Type 'A' Manhole (8' - 10' ,Deep) $ 5,2o~, .0( 74 427.1 0 EA Type 'B' Manhole (0' - 4' Deep) $ 4,300.0( 75 427.1 0 , EA Type 'B' Manhole (4'-6' Deep) $ 4,700.0( 76 427.1 0 EA Ty~e 'B" Manhole (6' - 8' Deep) $ 5,200.0( 77 427.1 0 EA Type 'B" Manhole (8' - 10' Deep) $ 5,800.0( Fiberglass Manhole 48' Diameter (0' - 4' 78 427.1 0 EA Deep) $ 1,42o.0( Fiberglass Manhole 48'Diameter (4' - 6' 79 427.1 0 EA Deep) Fiberglass Manhole 48'Diameter (6' - 8' 80 427.1 0 EA Deep) $ 2,480.0( Fiberglass Manhole 48" Diameter (8' - 10' 81 427.1 0 EA Deep) $ 3,00o.0( Remove & Construct Type 'A' Manhole (0'4' 82 427.3 0 EA Deep) $ 4,500.o~ Remove & Construct Type 'A' Manhole (4'6' 83 427.3 0 F__A Deep) $ 5,ooo.o~ Remove & Construct Type 'A' Manhole (6'- 64 427.3 0 EA 8'Deep) $ 6,6oo.o~ Remove & Construct Type 'A' Manhole 85 427.3 0 EA (8'-10' Deep) $ Remove & Construct Type "B' Manhole (0'- 86 427.3 0 EA 4'Deep) $ 4,6oo.00 Remove & Construct Type 'B' Manhole (4'-6' 87 427.3 0 EA Deep) $ 6,400.00 Remove & Conslruct Type 'B' Manhole (6'- 88 427.3 0 EA 8'Deep) $ 6,ooo.oo Remove & Construct Type 'B' Manhole (8' - 89 427.3 0 EA 10' Deep) $ 6,900.00 Remove and Construct 48' Diameter 90 427.3 0 F_A Fiberglass Manhole (0' - 4' Deep) $ s,50o.oo Remove and Construct 48' Diameter 91 427.3 0 EA F'~x,;,~lass Manhole (4' - 6' Deep) $ 6,9oo.oo Remove and Construct 48' Diameter 92 427.3 0 EA Fiberglass Manhole (6' - 8' Deep) $ 7,6o0.0o Remove and Construct 48' Diameter 93 427.3 0 EA Fiberglass Ma ,nhola (8' - 10' Deep) $ 8.50o.oo TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT PA ~'. PROJECT NAME: Item Spec SC Est. Units Description No. No. No. Qt~. Connection to Existing Manhole 6' Service 94 427.4 0 EA Lateral $ 1,500.0o 95 428.1 2,7 0 LF Sewer Piping 6" - 12", PVC {0' - 4' Deep) $ 6o.oo 96 428.1 2, 7 0 LF Sewer Piping 6" - 12", PVC (4' .- 8' Deep) $ 76.oo 97 428.1 2, 7 0 LF Sewer Piping 6"- 12", PVC (8' - 12' Deep) $ . .111.00 98 428.1 2, 7 0 LF Sewer Piping 6"- 12", PVC (12'- 16' Deep) $ 144.oo 99 428.1 2, 7 .0 LF Sewer Piping 14" - 18", PVC (0' - 4' Deep) $ 80.00 100 428.1 2, 7 0 LF Sewer Piping 14"- 18", PVC (4' - 8' Deep) $ ~6.oo 101 428.1 2, 7 0 LF Sewer Piping 14" - 18", PVC (8' - 12' Deep) $ 139.oo 102 428.1 2, 7 0 LF Sewer Piping 14"- 18", PVC (12' - 16' Deep) $ 172.oo Remove & Replace 6' - 12' PVC (0' - 4' 103 428.2 2, 7 0 EA Dee, p) $ 3,400.00 Remove & Replace 6~ - 12' PVC (4' - 8' 104 428.2 2, 7 0 EA Deep) $ 3.5oo.oo Remove & Replace 6' - 12' PVC (8' - 12' 105 428.2 2, 7 0 EA Deep) $ 4,1oo.oo Remove & Replace 6" - 12' PVC (12' - 16' 106 428.2 2, 7 0 EA Deep) $ 4,400.00 Remove & Replace 14" - 18" PVC (0' - 4' 107 428.2 2, 7 0 EA Deep) $ 3,900.00 Remove & Replace 14" - 18' PVC (4' - 8' 108 428.2 2, 7 0 FA, Deep) $ 4,2oo.oo Remove & Replace 14" - 18' PVC (8'- 12' lO9 428.2 2, 7 o EA Deep) $ 4,500.00 Remove & Replace 14" - 18' PVC (12'- 16' 110 428.2 2, 7 0 EA Deep) $ 4,e0o.oo Remove and Replace Lateral 6' PVC SDR35 111 428.4 3 0 LF Conforming to ASTM D3034-74 (0' - 4' Deep) $ 44.00 Remove and Replace Lateral 6" PVC $DR35 112 428.4 3 0 LF Conforming to ASTM D3034-74 (4' - 8' Deep) $ 46.00 Remove and Replace Lateral 6' PVC $DR35 Conforming to ASTM D3034-74 (8' - 12' 113 428.4 3 0 LF Deep} $ 46.0o Remove and Replace Lateral 6' PVC SDR35 Conforming to ASTM D3034-74 (12'- 16' 114 428.4 3 0 LF Deep) $. 52.00 115 428.6 0 LF Yard Piping -4" $ 44.0o 116 428.6 0 LF Yard Piping - 6" $ 4s.0o 117 441-1 4 0 SY Sodding $ 3.5o Uning or Coating Existing Manhole Type A 118 446-2 5 0 VF (Cementitious) $ 11o.0o Lining or Coating Existing Manho'le Type A 119 446-2 5 0 VF (Urethane) $ 165.oo Lining or Coating Existing Manhole Type A 120 446-2 5 0 VF (Epoxy) $ 165.oo Lining or Coating Existing Manhole Type B 121 446-2 5 0 VF (Cementitious) . $ 138.oo Uning or Coating Existing Manhole Type B 122 446-2 5 0 VF (Urethane) $ 1 s5.0o Lining or Coating Existing Manhole Type B 123 446-2 5 0 VF iEpoxy Lining or Coating Existing Manhole Type C 124 446-2 5 0 VF (Cementitious) $ 11o.0o Lining or Coating ExJsting Manhole Type C 125 446-2 5 0 VF (Urethane) $ 132.0o Uning or Coating Existing Manhole Type C 126 446-2 5 0 VF (Epoxy) $ 180.0(] 127 490-1 6 0 SY Pavement Removal $ 7.00 TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT -- PA #: PROJECT HAME: Item Spec SC Est. Units Description No. No. No. Q~. 128 490-2 6 0 SY Paving Repair - Cross Cut & Patch Case I $ 31.oo 129 490-2 6 0 SY Paving Repair - Cross Cut & Patch Case II $ 37.00 130 490-2 6 0 SY Paving Repair - Cross Cut & Patch Case III $ 38.00 Paving Repair - Cross Cut & Patch Standard 131 490-2 6 0 SY Case IV $ 38.00 132 490-2 6 0 SY Paving Repair - Cross Cut & Patch Case V $ s.00 Paving Repair - Cross CUt & Patch Standard 133 490-2 6 0 SY Case IX $ 42.0o Paving Repair - Cross Cut & Patch Standard 134 490-2 6 0 SY Case X Permanent $ 44.00 Paving Repair - Milling and 1% Asphalt 135 490-2 6 0 SY Overlay $ 14.oo 136 491-1 3 0 SY Remove Sidewalk $ 4.0o 137 491-2 0 SY Remove Driveway $ 5.so 138 491-3 3 0 LF Remove Curb & Gutter $ 3.20 139 491-4 0 SY Install 4' Thick Standard Sidewalk $ 26.00 140 491-4 0 SY Install 4" Thick Decorative Sidewalk $ 34.0o 141 491-4 0 SY Install 5" Thick Standard Sidewalk $ 29.00 142 491-4 0 SY Install 5" Thick Decorative Sidewalk $ 38.00 143 491-5 0 SY Install 4" Concrete Driveway $ 26.0o 144 491-5 0 SY Install 5" Concrete Driveway $ 31.oo 145 491-5 0 SY Install 1%" Asphalt Driveway $ 20.00 146 491-6 0 LF Install City Standard Curb & Gutter $ 12.oo 147 491-6 0 LF Install Miami Type Curb & Gutter $ 12.oo 148 491-6 0 LF Instail DOT Type ~E' Curb & Gutter $ 13.oo Inst~ll DOT Standard Curb & C-.-.-.-.-.-.-.-.-.~er with a 24' 149 491-6 0 LF !Base $ 18.00 15o Misc. Work as requested by JEA - Not Covered By I Io1 , I ,ooooi IESTIMATED TOTAL COST: VI'.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOK 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 Meetin~ 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 I, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award "THE REPAIR AND RECONDITIONING OR REPLACEMENT OF HYDRAULIC OR COMPONENT PARTS TO INCLUDE THE CRANE ASSEMBLY OF THE 1989 EFFER, KNUCKLEBOOM, MOUNTED ON A 1989 MACK, 6X6 CHASSIS" Bid # 027-2510-04/JA to Master Hydraulics Inc. of Pembrooke Pines, Florida for the estimated amount of $28,700.00. EXPLANATION: On February 19, 2004 Procurement Services opened and tabulated two (2) bids. After review of the bids by Fleet Maintenance it has been determined that Master Hydraulics, Inc. is the lowest, most responsive, responsible bidder who meets all specifications. Master Hydraulics, Inc. is the only vendor that bid within the current- budget allocation of $40,000 for this repair. The second vendor, MAP Enterprises, Inc. out of Burlington, N. C. submitted a bid that exceeded the budget allocation. Robert Lee, Fleet Administration concurs with this recommendation (see attached memo). PROGRAM IMPACT: This bid award will assist Fleet Maintenance in reducing down time, and will establish a firm price for the replacement, repair, and reconditioning of all hydraulic components and assemblies for the 1989 Effer Knuckleboom. FISCAL IMPACT: ACCOUNT NUMBER: ESTIMATED ANNUAL #401-2816-536-46-20 EXPENDITURE: ~.~0,000.00 Deputy Director of Financial Services City Manager's ~ignature Procurement Services Department Name City Attorney / Finance / Human Resources S :~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.D cc. Bob Lee, Fleet Administrator Manager Mike Munro, Police Sup Svcs Administrator File CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: March 8, 2004 TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Additional Information- City Commission Meeting of March 16, 2004 Consent Agenda Item VI. B 2- Reconditioning of Knuckleboom Truck Jeff Livergood, Public Works Director and I have reviewed your comments related to the refurbishment of the Knuckleboom truck currently operated by the Utilities Department. You have specifically requested that we evaluate the relative cost of refurbishment of this vehicle versus a replacement, in particular because the unit in question is a 1989 model year vehicle. This unit was removed from the Citywide Prefunding Plan several years ago in recognition of its limited amount of use. In working with the Utilities Department staff, the Fleet Maintenance Division of the Public Works Department decided that the best approach was to try to keep the vehicle operational as long as possible without expending significant dollars for maintenance. The proposed work is to refurbish the knuckle boom component only. The vehicle itself is still reasonably sound. Thus, in order to continue using this equipment for several more years, both Bob Lee and Jeff Livergood believe that it is cost effective to refurbish the knuckle boom. Our only option would be to not refurbish the knuckle boom and take the vehicle off line now. Our operating staff would prefer to keep the vehicle moving as long as possible and it is still the intent of the Utilities Department to remove this equipment from the fleet plan in the future when all components of the vehicle can no longer be maintained at a reasonable cost. Utilities staff decided it best to keep the vehicle pieced together as long as possible because a new unit could cost nearly $400,000 and we did not want to prefund this expense each year. Jeff Livergood concurs with this assessment. Please be sure to contact me directly if you need any additional information or have any additional questions. Dale S. Sugerman Assistant City Manager cc: Jeff Livergood, Public Works Director RECEIVED FEB 2 7 2.00q pROCUREMENT SERVICES PUBLIC WORKS DEPARTMENT . f._~"' ... MEMORANDUM #04-030 - '/ To: Bill Atkins, Deputy Director of Finance Thru: Jeffrey Livergood, P.E., Director of Public Works,~[t'''' Chris Roberts, Assistant Director of Public Works~ From: Robert H. Lee, Fleet Administration ~ Subject: Award Bid #027-2510-04/JA Date: February 24, 2004 In reviewing the attached tabulation sheets for bid #027-2510-04/JA, reconditioning, repairing or replacing all the needed parts and components to repair the "Effer Knuckle Boom" assembly mounted on truck #169, Fleet would like to award the bid in its entirety to: Master Hydraulics, Inc. 11055 S.W. 15 St. Bldg #1, Suite #307 Pembroke Pines, Florida This is the second bid attempt for this unit. The first time, we received no bid responses. This time we received two responses. Of the two, Master Hydraulics, Inc. is the only vendor to come within our budget dollars, currently set at $40,000.00. Master Hydraulics has submitted a bid proposal showing $17,450.00 for parts, transportation and repainting. The dollar estimate for labor is approximate at this point. Estimated hours needed for this repair are 120 to 150 at $75.00 per hour. This brings the labor cost estimate at $9,000.00 to $11,250.00, making the total repair cost estimate $26,450.00 to $28,700.00. The second vendor, MAP Enterprises, Inc., out of Burlington, N.C., submitted a bid that exceeded the dollars available. The funds for this repair, $40,000.00, will be transferred by the Utilities Department to account #401-2816-536-46-20 to cover the total cost of this bid. RHL:jam Attachments Cc: Public Works Files Barb Conboy BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: January 8, 2004 Bid Title: THE REPAIR AND RECONDITIONING OR REPLACEMENT OF VARIOUS HYDRAULIC OR COMPONENT PARTS TO INCLUDE THE CRANE ASSEMBLY OF THE 1989 EFFER, KNUCKLEBOOM, MOUNTED ON A 1989 MACK, 6X6 CHASSIS Bid Number: 027-2510-04/JA Bid Received By: February 19, 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: February 19, 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: ~/~t31~ 7~ ~-[ V f)l'~ctt) & C5 /]~J C. / Federal I.D. Number: ~ 0 - 0 ! ~7/9 0 ~7 3 A Corporation of the State of: e Code: relephone umber: reaCode: F XNumber: Mailing Address: 11055 City/State/~ip:PC/x4~Ig,(oI4~ {)t~SS tTL. 330~5 Vendor Mailing Date: /d~?//O ~ ×u ;rize f Sigmure Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: ~)~ - I C~ - c~-0 t94 · 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 product/service called for. When submitting more than one bid proposal price for this product and/or service, 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 product/service in accordance with the specifications for the sum off REPAIR AND RECONDITIONING OR REPLACEMENT OF VARIOUS HYDRAULIC COMPONENT PARTS TO INCLUDE THE CRANE ASSEMBLY OF THE 1989 EFFER, KNUCKLEBOOM, MOUNTED ON A 1989 MACK, 6X6 CHASSIS $ Hourly Rate: Per Hour "Jobber" rates with manufacturer cost listing enclosed for all service parts for Knuckleboom Cost PI& % Markup Response Time after Service Call: Minutes / Hours Warranty Period for Parts: ' Months / Years Warranty Period for Labor: Months / Years Complete Repaint ofEffer 31N Assembly: $ Opt~ona] Cost Pick up and delivery charge (To & From Public Works) $ Per Round Trip THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 Bid Proposal Continued... ALL PRICES F.O.B. BOYNTON BEACH Number of Bid Proposals submitted? / SpecificatiOn "check-oW' sheets Pages (3- 4) Submitted? Y~--5 Y~es/No Distance of Response Personnel to Boynton Beach ~ ~ /L~I[,E5 ENCLOSED: Hours of Operation: Yes/No Certification of Staff: Yes/No Similar Work: References of Yes/No other Services/Costs: Y{s/No Copy of Inspection or Preventative Maintenance Chart: Yes/No PRINTED NAME TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 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 girl, directly or indirectly by me or any member of my firm or by an officer of the corporation. ~ NA~-[ SfONATURE Swom and subscribed before me this ! 1? J.~ day of ~/gr~O-r ct ,20 O z/ Printed Information: NAME Roxana L. A/varez August ~4, 2o04 "OFFIC~ NoT~Y SE~" STA~ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 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. Remm this form with your bid proposal sheet making it an official part of your bid response. AMERICAN INDIAN ASL N BLACK HISPANIC WOMEN OT} R (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO x/~ 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 18 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drag-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 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 drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements, j~~ ~ X2~l~r'~ ~ignature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 SPECIFICATIONS FOR: "THE REPAIR AND RECONDITIONING OR REPLACEMENT OF VARIOUS HYDRAULIC OR COMPONENT PARTS TO INCLUDE THE CRANE ASSEMBLY OF THE 1989 EFFER, KNUCKLEBOOM, MOUNTED ON A 1989 MACK, 6X6 CHASSIS" Scope of Bid: The City of Boynton Beach is seeking a vendor 1) To reduce equipment down time, and 2) to establish a firm price for the replacement, repair or reconditioning of ail hydraulic components and assemblies that are part of the 1989 Effer, Knuckleboom, Model # 31N, mounted on a 1989 Mack, DMM 6906S, 6X6 Chassis. The awarded vendor for this BID must supply an hourly rate for all service and repair worlc Parts are to be billed at "jobber" rotes showing the manufactures cost listing and invoiced to the City at "cost, plus percent of markup". In your BID .please recognize that this is a one of a kind resource for the City of Boynton Beach and it's down time for these repairs should be held to a minimum. Successful vendor must have all materials on hand for this job before equipment is delivered for the repair. As the bid proposals are reviewed, the City will consider establishing a primary vendor, as well as, a secondary vendor. The secondary vendor would only be utilized by the City should the primary vendor not meet standards or 100% of the services requested. All repairs and service work will be randomly inspected by Fleet Maintenance to assure quality, safety, serviceability and that all documents are correctly maintained. Vendor will capture and properly dispose of all waste petroleum products at their service facility location as work is completed. All replaced parts will be properly cycled back through approved waste streams. Vendor will provide detailed invoicing 'back to Fleet Maintenance for all repairs or services under this BID. This will allow Fleet Maintenance to update the resource hi~tory records and speed payment for all services and parts provided. The Fleet Maintenance Supervisor, or in his absence the Senior Fleet Mechanic, will become the contract administrator for all payment processing when documents are provided that support the service and parts charged to this resource. Once the Fleet Data files are updated, payment for services will be completed. The Service Writer will handle all scheduling at (561) 742-6208. The successful vendor shall furnish all labor, materials and equipment necessary to complete all work as specified by the City. Timeliness and quality of service are of primary concern. Items that need inspecting/repair replacement or reconditioning; 1) Hydraulics: a., ¢ Replace all hydraulic lines / hoses fittings THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 Bid Specifications Continued... b. , ~V/ Recondition all hydraulic cylinders / seals and bushings (this includes the 4 stabilizer cylinders & pads) c. V/ Recondition all hydraulic valves / valve bodies d. V/ Replace ail hydraulic filters e. ~ Replace all hydraulic oil f. k2t/ Inspect & test hydraulic pump g. ~/r Inspect & test hydraulic rotator pump h. ~/t Inspect & test reduction unit i. ~/~ Inspect & test brake unit 2). Stmcture: a. V/ Inspect all sections of the boom for structural integrity b. x4tt Inspect and or replace all hinge pins at knuckles c. ~// Inspect and or replace all nylon slides in each boom in each section that do not meet manufacture specifications d. ,~ Inspect slewing ting assembly / m-torque all mounting bolts 3). Operator Area: a. V/r Replace footrest for operator b. X// Replace seat for operator 4). Winch: a. ~ Inspect and lubricate complete winch b. ~/ Replace wire rope to winch 5). Paint: a. Complete repaint of the Effer 31N assembly. (Bid paint as an optional charge) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 1.NAME 2.~ 3.INFO DATE P1NO .IRAIS PJCARDO 598-26-1055 1999 ~ O1 ~~ ~ ~0 ~RY O~ ~A~S :G~UA~ L~G~: 4-~ ~ ~70 HO~. ~E D~ON ~OM ~ ~~ ~ OF ~UCA~ON: ~ C~On of ~e c~e,~e ~e~t ~!~ be ~le to use h~d ~D~ ~CO~~A~ON ~OM ~ ~C~ CO~ OF EDU~ON ~-17~ ~310): the ~ision bochelor/~iote ~e co~go~ L ~ ~ ~ 5.INITIALS BUPERS - 662C 6. PAGE NO. DD FORM 2586, NOV 91 6 OF 7 VI.-CONSENT AGENDA ITEM B.3 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) [] 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 "PURCHASE OF ONE (1) NEW AND UNUSED POLICE AGGRESSIVE TRAFFIC ENFORCEMENT VEHICLE" Bid# 028-2516-04/JA to Bobby Jones Ford Inc. of Augusta Georgia, for the new/unused 2003 Mustang Cobra SVT Coupe, VIN # 1FAFP48Y83F426145 for $32,116.51 EXPLANATION: On February 24, 2004, Procurement Services opened and tabulated one proposal. There were two different vehicles, both from Bobby Jones Ford, Inc of Augusta Georgia. The Boynton Beach Police Department will utilize this vehicle in the "Road Runner Project". This project is a five person detail that moves throughout the City performing traffic enforcement. PROGRAM IMPACT: The addition of this vehicle will enhance the Boynton Beach Police Department's ability to detect and apprehend aggressive drivers. FISCAL IMPACT: The Florida Department of Transportation, "Boynton Beach Speed & Aggressive Driving Program", Project #SC-04-13-16, has provided funding in the amount of $47,245.00 for the purchase of this vehicle, and related equipment to be installed. The grant will make the necessary budgetary transfer to the vehicle service fund to cover the cost of the vehicle. ACCOUNT NUMBER: BUDGETTED AMOUNT 501-2516-519-64-33 $~17,245.00 Deputy Director of Financial Services City Manager's Signature Procurement Services ~1~.~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.D C: Bob Lee - Fleet Administator Manager Mike Munro -Police Sup Svcs Administator File February 25, 2004 MEMORANDUM TO: Bill Atkins, Deputy Director Department of Financial Services FROM: Marshall Gage, Chief Police Department SUBJECT: Recommended Award for Police Vehicle On February 24, 2004 Procurement Services Division opened the bid for "Purchase of One (1) New/Unused Police Aggressive Traffic Enforcement Vehicle", Bid #028-2516-04/JA. There were two (2) vehicles bid, both by Bobby Jones Ford, Inc. located in Augusta, Ga. It is our recommendation that the bid be awarded to Bobby Jones Ford, Inc. for the new/unused 2003 Mustang Cobra SVT Coupe, VIN #1FAFP48Y83F426145 in the amount of $32,116.51. The Boynton Beach Police Department will utilize this vehicle in the "Road Runner Project". This project is a five-person detail that moves throughout the City performing traffic enforcement. The project is provided once a week at different times of the day to address the numerous speeding and aggressive driving problems. The addition of this vehicle will enhance our ability to detect and apprehend aggressive drivers. The Florida Department of Transportation, "Boynton Beach Speed & Aggressive Driving Program", Project #SC-04-13-16, has provided funding in the amount of $47,245 for the purchase of this vehicle, and related equipment to be installed. The account number for the purchase is 501-2516-519-64-33 (Vehicle Purchases). The grant will make the necessary budgetary transfer to cover the cost of the vehicle. Please place this item on the next available Commission agenda for award. cc: Bob Lee - Fleet Maintenance Mike Munro - Police Department BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): January 9, 2004 Bid Title: PURCHASE OF ONE (1) NEW AND UNUSED POLICE AGGRESSIVE TRAFFIC ENFORCEMENT VEHICLE Bid Number: 028-2516-04/JA Bid Received By: February 24, 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: February 24, 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: BOBBY JONE8 FORD, IN0: Federal I.D. Number: 5a-166- 3259 A CorpOration of the State off DEL Area Code: ~8 Telephone Number: 73'3 33~1 EX~"~16 Area Code: 706 FAX Number: h ~1-9211 Mailing Address:' 3480 WRIGPI~SBORO RD City/State/Zip: AUGUSTA, GA 30909 / Autho~ Sign~tu'~e~ J LARRY WILLIAI~8 Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 2/20/Oh 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 product/service called for. When submitting more than one bid proposal price for this product and/or service, 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 product/service in accordance with the specifications for the sum of: PURCHASE OF ONE (1) NEW AND UNUSED POLICE AGGRESSIVE TRAFFIC ENFORCEMENT VEHICLE SEE ATTAC~qED LETTE~ TOTAL AMOUNT ALL PRICES F,O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within 5 calendar days bom the date of the Purchase Order from the City. Number of Bid Proposals submitted 1 Specification "check-off" sheets (Pages 3-5) submitted YES Yes/No co mss A O /) CO~Y N~ ~-- ~~~~ f~IGN~~ ~ ~R~Y WILL.MS P~D N~ 733 3351 EXT 216 GOVE~NT SALES ~: ~LEPHO~ ~ER ~E T~S PAGE TO BE SUBDUED ~ O~ER FOR PAC~GE TO BE CONS~E~D CO~LETE ~ ACtabLE WRIGHTSBORO ROAD AT BOBBY JONES POST OvwCE Box 15398 AUOUST^, GEOROIA 30919-0398 TOLL F~E: 888-733-3351 ext 216 FAx: (706) 481-9211 BOBBY JONES Folio, INC. NOTES & EXCEPTIONS: F01~D NO LONGER TAKI~ 01~DERS FOR 0~ SVT, 05 WILL NOT BE OUT TILL N0V EMBEI~: WE ARE BIDDIN6 ! OF T~E 2 '05 MODELS WE HAVE IN STOCK, SEE ATTACHED COPY 01v WINDOW STICKERS. PARTS, SENVICE MANUALS ETO MUST BE 0BDEI~ED BY CUSTOME~ FROM HELM INC AT www.helminc; CAN BE ORDERED IN PRINTED 0R CD ROM BID P~IOE IS 32,1!6.51 WITH 2 MATCHING 0EM WHEELS DELi-v'EHED GOVERNMENT SALES MG~: * BOBBY JONES ~ORD, INC. . ***************************************************************************** STK 00036683 VIN 1FAFP48Y83F426145 SfATUS: READY WILLiALA 02/20/04 17:3 ORD~ 9417P48 C0003279349L SPEC 300A STEWAROE 12/08/03 17:3~ 03 FORD MUSTANG COBRA 2DR CPE ODOMETER 6 10 COL ZINC YELLOW CLEARCOAt TRIM DK CHACW/MED CRAP LTH BUCKETS LIST 35065.00 I1006290301 MODEL NUMBER P48 STD* 2003 MUSTANO SVt' COUPE 33440.00 $OOA ORDER CODE ORDER CODE 99Y .4.6L 4V EFI SC V-8 ENGINE 44B .6-SPEED MANUAL tRANSMISSION T27 .P~75/40ZR17 BSW PERFORMANCE 1NCL'S SVT PROORAM FEE *** GAS GUZZLER TAX *** lO00. O0 JOB #2 ORDER 153 FRONT LICENSE PLATE BRACKET DESTINA]'ION &DELIVERY 625.00 3 U.S. GAL GAS FACTORY PRICED DORA FDAF ASSESSMENT B7 ZiNC YELLOW CLEARCOAT M LEATHER SPORT BUCKEr SEATS 2 MEDIUM ORAPHITE TOTAL 3506~.00 ***************************************************************************** * WRISH]SBORO ROAD AT BOBBY JONES * P.O. BOX 15598 * AUGUSTA, SA 30919 ***************************************************************************** END OF DATA * BOBBY JONES POND, 1NC. ***************************************************************************** STK 00036677 VIN 1FAFP48Y45F408211SFAFUS: READY WILLIALA 02/20/04 17:3~ ORD~ 9415P48 C0003274~67L SPEC 300A STEWAROE 11/17/03 17:1~ 03 FORD MUSTANG COBRA 2DR CPE ODOMETER 141 101 COL RED, IRE CLEARCOAT TRIM DK CHAC W/MED ORAP LTH BUCKETS LIST 3506~.00 11003250301 MODEL NUMBER P48 STD* 2003 MUSTAN~ SV]' COUPE 33440.00 $OOA ORDER CODE ORDER CODE 99Y .4.6L 4V EFi SC V-8 ENGINE 44B .6-SPEED MANUAL TRANSM1SS10N r27 .P275/40ZR17 BSW PERFORMANCE 1NCL'S SVT PHOORAM FEE *** GAS GUZZLER TAX *** 1000.00 JOB #2 ORDER 153 FRONT LICENSE PLATE BRACKET DESTINATION & DELIVERY 6~5.00 3 U.S. GAL GAS FACTORY PRICED DONA FDAF ASSESSMENT G2 REDFIRE CLEARCOAT M LEATHER SPORt BUCKEr SEATS 2 MEDIUM ORAPHI~E lO]AL 3506b. 00 ***************************************************************************** * WRIOHTSBORO ROAD AT BOBBY JONES * P.O. BOX 15398 * AUOUS~A, OA 30919 ***************************************************************************** END OF DATA ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my firm or by an officer of the corporation. NAME - SIGNATURE Sworn and subscribed before me ... this 20 day of FEB ,20 Oh- Printed Information: LARRY WILLIAMS NAME GOVERNMENT SALES MGI~: TITLE N-6T""A~Y-RJ. JBLIc, State of JYlmifla at Large GEOI~GIA BOBBY JONES FORD, INO: COlVlPANY "OFFICIAL NOTARY SEAL" STAMP MY COMMISSION EXPIRES DEC. 29, 2007 THIS PAGE TO BE SUBMITTED ALONG ~rlTH 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 furore use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Remm this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO 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 17 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drag-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 drag-free workplace, any available drag 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 drag-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this ~ complies fully with the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 BID SPECIFICATION S CON'I'IN UI~D... SPECIFICATIONS FOR "PURCHASE OF ONE (1) NEW AND UNUSED POLICE AGGRESSIVE TRAFFICE ENFORCEMENT VEHICLE" Scope of Work: The City of Boynton Beach is seeking a vendor to supply one (1) new and unused police aggressive traffic enforcement vehicle. The following items are intended to describe the needed specialized equipment that shall be included in/on the vehicle. Failure to mention any specific items normally supplied with or needed to complete the vehicle shall not alleviate bidder's responsibility to supply and install such items. This vehicle shall be manufacturer's latest basic production model, and shall be equipped with all standard equipment in accordance with manufacturer's latest literature, if not specified in the following description, and must carry full manufacturer's warranty. Vendors are invited to submit an existing demo, or stock units as part of this bid. The City will have exclusive rights to decide which unit best .suits the needs of the City of Boynton Beach, based on time for delivery, cost, equipment options or any other criteria the City feels necessary. When an alternative is proposed, the City, after evaluating, may waive exception(s) to the specifications as long as it proves to be in the City's best interest. 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-GIT' sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. BODY: YES Ford, Mustang SVT Coupe ONLY, no convertible (Cobra Model) ENGINE: YES 4.6L, 4V, DOHC, EFI SC V-8, Supercharged THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 BID SPECIFICAI lOINb CWN 1 l~UlZ~... ; TRANSMISSION: YFS 6-Speed Manual BRAKES: YES Power 4-Wheel Disc, ABS SUSPENSION: YES SVT Handling Suspension w/Linear Rated Springs YES Gas Pressurized Front Struts YES Gas Pressurized Rear .Shocks YES SVT Independent Rear Suspension YES Traction-Loc Axle YES All Speed Traction Control TIRES & WHEELS: YES 275/40ZR17 High Performance Tires YES 17" Standard Equipment YES 2 - Spare Wheels (Full Size, Matching OE) ANTI-THEFT: YES OE Passive Anti-Theft System INTERIOR: YE $ Air Conditioning/Rear Defrost YE $ Standard Package Equipment for this model YES SVT Instrumentation THIS pAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID SPECIFICATIONS CONTINUED... INTERIOR: YE S Mach 460 Radio with CD Player YES Driver/Passenger Air Bags YES Front/Rear Outboard Three Point Shoulder/Lap Belts YES Tilt Steering YE8 Speed Control YES 6-Way Power Drivers Seat YES Power Windows & Lock Group with Keyless Entry YES Articulated Sport Seats YEg Split Fold Rear Seat EXTERIOR: YES Tinted Windows YES Dual Power Mirrors YES Interval Wipers YES Standard Package Equipment for this model COLOR: SEE ATTACHED LETTEI~ Exterior - Black, Clearcoat YES Interior - Dark Charcoal DELIVERY: YES FOB Boynton Beach, Florida 33425 222 N.E. 9th Avenue Boynton Beach, F1 33425 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 February 25, 2004 TO: Bill Atkins, Deputy Director Department of Financial Services FROM: Marshall Gage, Chief .~J.~~ Police Department SUBJECT: Recommended Award for Police Vehicle On February 24, 2004 Procurement Services Division opened the bid for "Purchase of One (1) New/Unused Police Aggressive Traffic Enforcement Vehicle", Bid #028-2516-04/JA. There were two (2) vehicles bid, both by Bobby Jones Ford, Inc. located in Augusta, Ga. It is our recommendation that the bid be awarded to Bobby Jones Ford, Inc. for the new/unused 2003 Mustang Cobra SVT Coupe, VIN #1FAFP48Y83F426145 in the mount of $32,116.51. The Boynton Beach Police Department will utilize this vehicle in the "Road Runner Project". This project is a five-person detail that moves throughout the City performing traffic enforcement. The project is provided once a week at different times of the day to address the numerous speeding and aggressive driving problems. The addition of this vehicle will enhance our ability to detect and apprehend aggressive drivers. The Florida Department of Transportation, "Boynton Beach Speed & Aggressive Driving Program", Project #SC-04-13-16, has provided funding in the amount of $47,245 for the purchase of this vehicle, and related equipment to be installed. The account number for the purchase is 501-2516-519-64-33 (Vehicle Purchases). The grant will make the necessary budgetary transfer to cover the cost of the vehicle. Please place this item on the next available Commission agenda for award. cc: Bob Lee - Fleet Maintenance Mike Munro - Police Department VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM B.4 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) C'~ [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 17, 2004 (N ) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noonj:~lI [] Administrative [] Legal ~ c:~: NATURE OF [] Announcement [] New Business ~ AGENDA ITEM [] City Manager's Report [] Presentation tot [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to "piggy-back" the CITRUS COUNTY SCHOOL BOARD, BID #2003-21, to HURRICANE PROTECTION INDUSTRIES, INC. for the INSTALLATION OF A HURRICANE BARRIER SYSTEM FOR THE 2~n FLOOR OF CITY HALL in the amount of $54,372.28. EXPLANATION: Procurement Services received a request from the Department of Public Works to utilize the Citrus County School Board, Bid #2003-21, to have Hurricane Protection Industries, Inc. provide installation of a hurricane barrier system. This will include the installation of twenty-four (24) permanent hurricane resistant window coverings on 2na story windows that cannot be shuttered through standard methods. These windows were modified a number of years ago during the "sick building" remediation work. With the installation of these window coverings ali 2"a story windows will have the capability of being shuttered during a hurricane. PROGRAM IMPACT: Adequate fortification of ali 2"a story windows at City Hall is critical to protect both the building, the offices contained in the building, and the critical equipment. FISCAL IMPACT: On October 21, 2003 Commission approved the Department of Community Affairs, Local Mitigation Grant in the amount of $ 54,373.00 (Federal Share $40,780.00 and Local Match $13,593.00) for the purchase of the hurricane window coverings. This is allocated in the FY2003/2004 budget as follows: Account Description Account Number Budeet Building Improvements 105-3404-513-62-01 $ 54,373.00 Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources CC: Jeffrey Livergood - Director of Public Works Jim Ness - Deputy Fire Chief Richard Fiege - Facilities Management Supervisor S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RECEIVED PUBLIC WORKS DEPARTMENT {:'E{~ 1 ] ~ MEMORANDUM #04-023 TO: Bill Atkins, Deputy Director of Finance PROCUREMENT DIVISION VIA: Jeffrey Livergood, Director of Public Works ,,~{?X~" Christine Roberts, Deputy Director of Public Works0_~ FROM: Richard A. Fiege, Facilities Management Supervisor DATE: February 10, 2004 SUBJECT: Hurricane Protection Industries REQ #29865 Attached please find a copy of the requisition noted above along with the back-up documentation from Citrus County School Board Bid #2003-21 for a hurricane barrier system for the 2na floor of City Hall. This purchase request is the result of a matching grant obtained by the Fire Department utilizing Federal Grant funding of $40,780 (FEMA Project # 1359-0012) along with our local match of $13,593. Please approve and process the requisition in H.T.E.; if you need any additional information regarding this project please contact me at Ext. 6020. PL/RAF/pl Attachments Copy: Jim Ness, Deputy Fire Chief PW Files HPI 9543927356 02/10 '04 07:45 N0.544 04 INVITATION TO ..BID SUBMIT BID TO: CITRUS COUNTY SCHOOL BOARD C/O PURCHASING DEPARTMENT BUILDING 200, ROOM 219 1007 .W MAIN STREET INVERNESS FL 34450 Bm #; 2003-2 l }lit) SAME: Installed Storm Shiekt Hurricane Banter Systems at Forest Ridge Elementa,ry [lid WILL t!E OPENED: 2:00 p,m., 'tuesday, FebruaD' t 8, 2003 Note to Bidder: - A. A signed bid submitted to the School Board obligates the bidder to ali ierms, conditions and specifications slated in this bid document, unless exceptions are taken and clearly stated in the bidder's proposal, B. Bids mast fie delivered prior to the date ~ time .~pecified for vp~ning, I~id~ rece/ved after specified time will not be accepted [ * BIDDER HUST l~tt'i'N THE INFOlU~IATXON LtSi~D BELOW AND ~N WNEIt-~-~Di~&YE'D FOR BZD TO '~l, "-~--'~ ~ [ .... is,,,,,,,, ,, ,, - - · , Signature: of Owner or /// ~/~.,/ , ~ . PURCH3~SING CARDS: ~ot appticablc to this bid District personnel ma), choose to use a Visa Purchasing Card in place ora purchase order to make purch-s~ from this bid. Unless exception to this condition is checked below, the bidder, by submitting a bid, agrees to accept the purchasing card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the purchasing card. Refusal accept this condition may cause your bid to be declared non-responsive. ~"-]1 do not accept the above condition PURCIIASES BY OTHER PUBLIC AGENCIES (D.O.E, Regulation t~'6AI.012 (5): - With the consent and agreement of the succcssthl bidder(s), purchases may be made under this bid by other governmental agencies within thc state of Florida, Such purchases shall be governed by the same te~s and conditions as stated herein, NO ~]O: [ her~y submi~ thH ~ a "nv bid" f~ the ~asons ~eckcd ~w: lnsuffiCient time to ~ond ~C'ouM ~t ~t tns~ rc~ir~mnU 5p~ificat~ms we~ unck~ of restrictive ~r ~uk x~ll not ~}t us Te~s & C~MRi~ ~e unct~r or ~trletiv¢ ~WI do eot bid di~tly ~K~p ugr compan} on this bid list for futu~ bids ~ve osr ~mpany came from this bid Ill/for future bias HP! 9543927356 02/10 '04 07:46 N0.544 05 $,cc~i0? '! Submitted by Hurricane Protection Induatrlee, lac, Supply a~d i~stall Hu~cane Resister barriers and shuttcr~ at Forest R~dgc Elementary School Total Number of Openings 119 @ $ See attached aheet - Bid based on unit prlcse below Total Number of Banicrs__11g (~ $ Se~ attached sheet - Bid baaed on unit prices below Associated Costs $ See attached aheet - Bid baaed on unit prloe$ below Torsi Cost (Forest Kidgc Eltra.) $ 106,382.56 ( One Hundred Six Thou~nd Three Hundred Eighty Two Dc)lMm ind Fifty Six Cents) Section U - · lndlvidua! Opcnin~l]arTier';~'d Option Pricing (For future neects or use by other govemmcnr agencies) Ope~int United laches ] -9 10 -'~J ~00 or more so-s9 4,6 .... 4.0 3.7n 90-99 4.45 .... $.55., 4.41 100° ! 09 4,39 3.47 3.0g .130- ! 39 4.2.3 $.9~ 3,88 - 140-149 4.85 4.45 4.24 (nJm,~ sepeme sleet it' ~#s~rY) = Options Pricing i Fixed earner t ADO: ~.~0 to U.I. Price ~l~ama Unit [_. ~ $_ ~.90 oar barflor Top Hinee..Umt I $ R0.28 per barrier [ S~de Hinge Unit - $18.ga per barrier ',gpectal Shape Un~ls . $13:2:~rz our.ba!:rior_ A~-, cl~ Top Unit $ 332.45 per barrier Hurricane Door £xtcma_! Kc, ylocks __ $ 79.59 per barrier Security EgressOPtion $ 48.00 per barrier Stainless Steel ]~arricr Mem_b. ranc $ .34 to U.I. Price Ir, sect S~tccn $ ,04 to U.I Price Vertical Mullions $ 35,27 per mull < $'; $62.46 per mull ~. 5' Vertical or Horizontal Build-out for ye, near $1.20 to U.I. Price Oilier Installation ADD: $ 2.81 to U.I. Sbippittg Included in U,I. Pricing Percent Discount off tetal cost None ._Attn_e_h.a_dditlonal orlclnf~ if ng~essnry Add 3.5% to line Item.& U.L totale to allow for eite apeclfi¢ Englnserlng co~ta. 9543927356 02/10 '04 07:44 N0.544 02 CITRUS COUNTY SCHOOL BOARD Ja~tary 6, 2004 HURRICA/qB PROTECT]ON IND., 1NC. 12040 Miramar Pkwy Miramnt, FL 3302:5 FAX: 954~392-7356 ATTN: JEFFRY T. ROBINSON RE: Bid # 2003-2 ] INSTALLED STORM SHIELD HURRICANE BARR~R SYSTEMS Dear Mr. Robinson - The above reFereaced bid will oxpit~ on Mamh 10, 2004. Your seawicc~ have been a~q~'ocimtod and we would be plowed to present tho cootmct for renewal to the Citrus County ~k:hool Board. We look Fotwe~l to · positive response to continuimg our contract. Please advise if you wish to renew those items at the bid prices by sigrtin$ b~low add returning by tax (352-726-1744) to our office by January 20, 2004, Thank you in advance for your ~siltance in this bid renewal. Siocetely,~//J ....... ~ JUd~y ~}4~cKendry 1~uyer. Putthasing' - ' ' ~artm~t Hutrlcane Protection .md., loc, is in aDmement for renewal of the above referenced bid at tbe orisinal bid pdcea. Period of a~'ecment shall be fi-om Mm'cb 1 J, 2004 through Match 10, 2003. 9543927356 02/10 '04 07:43 N0.544 01 facsimile TRANSMITTAL to: Rich Segay fax #: 561 742.6213 re: Copy of Active Contract to famish and install Hurricane Protection date: February I0, 2004 I~age~: 5, including this cover sheet. Dear Rich: Following, pleas~ find copies of Bid, Purchase Order and Contract Renewal rolated to the provision and installation o£Porforat~l Hurricane Barriers for the Citrus County School Board. M addition to the Purchase Order we also have a copy oftheir Modified AIA - Al 01 Contract form. It is rather lengthy and would be glad to overnight a copy lo you if your purchasing agents would like a copy. I appreciate the interest in our firm and our products and hope that we can be of service Please feel fi.cc to call with any questions or comments. Kindest Regards, JeffRobinson, CEO Hurricane Protection Industries, In~. E.mail: HPZ T~ ANY PRICE INCREASE MUST HAVE PRIOR APPROVAl, (INCLUDING FREIC, HT). CITRUS COUNTY SCHOOL BOARD WiLL NOT_ PAY OVER THE. APPROVED PURCHASE ORDER AMOUNTS. PAYMENT WILL NOT BE MADE UNTIL THE ORDER L~ COMPLETE OR BALANCE CANCELLED. VO0001 ~ ! 3c~8 WE, Wl1,1, MAKE PAYMENT (INCLUDING FREIGIiT) QNLy TO TltE COMPANY TO WHICH TInS ORD£R IS L~SUED. 0~/1 ~ / ~00~ HURR ~CAN~ PROTECT ~ ON ~NDU~TRZ~, INC. 8 CITRU~ COUNTY SCHOOL ~OARD H ~040 MIRAMAR PARKWAY ~ 1007 W MAIN BTREET P T INVERNESS FL 344S0 MIRAMAR FL 3302S INSTALLED ~TORM SHIELD 10638~.5600 10~382..S~ HURRICANE BARRIER SYSTEM AT FOREST R~DQ~ ELEM, B]D# ~003-21 ~ * * TERM~ & CONDITIONS ~ e ~TTACHMENT THIS PURCHASE ORDER SUBdECT T THE REGUIREMENTS OF OUR SPECIFIC~TION~ AND BID YOU SUBMITTED APPROVED FOR PURCHASE ClTRt~ COUNTY tCHOOL BOARD L, ACCO4Jld'r~I PAYABLE o6p'r. wHrrE-- Ven~r Copy-- CANAl-- F~anca ~py-- PINK- R~pI ~y I~7W MA~ S~E~ * ADD~ONAL ~S~UC~ON'S ~ ~R ON REVERSE $~E * ~N~ ~ ~ (~) ~O VL-CONSENT AGENDA ITEM B.5 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: A motion to award the "ANNUAL CONTRACT FOR SECURITY GUARD SERVICES", Bid#021-2710-04/CJD to: DIAMOND DETECTIVE AGENCY, INC. of Chicago Heights, IL with _~ annual expenditure of: $37,632.00. EXPLANATION: On December 30, 2003, Procurement Services opened ten (10) proposals. The proposal~av~ been reviewed and it was determined that Diamond Detective Agency, Inc. was the lowest, most responsive, responsible bidder who met all specifications. Virginia Farace, Library Director concurs with this recommtJ~ ati,o~ (see memo dated February 12, 2004). -.~ PROGRAM IMPACT: The pnrpose of this bid was to seek proposals from Security Service vendors~r°~ security on a yearly basis to patrol Ezell Hester Jr. Community Center for 40 hours per week and the Library f~6) hours per week. 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 the City. FISCAL IMPACT: ACCOUNT NUMBER: ESTIMATED ANNUAL EXPENDITURE: 172-2712-572-49.17 $26,000.00 001-2610-571-49.17 $18~720.00 Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.D C: A.D. Henehan - Deputy Director of the Library Mary DeGraffenreidt- Manager Hester Center File RECEIVED FEB PROCUREMENTT.,~E...~V~E ,V~ Internal Memorandum To: Bill Adkins, Deputy Director Finance/Purchasing / ~ ~ From: A.D. Henehan, Assistant Library Director l~ol Via: Virginia Farace, Library Director/~,~ ~ Cc: Wilfred Hawking, Assistant City Manager;, Dotti Jones, Accounting Technician; Mary Degraffenreidt, Manager Hester Center Date: 12 February 2004 Subject: Security Guard Contract Bid Submittals Upon full review of the contract bid submittals relative to security guard services for both the Library and the Hester Center, it is recommended that Diamond Detective Agency, Inc. be awarded the annual contract. The recommendation is based upon three (3) factors. 1. Diamond Detective Agency, Inc. submitted the least expensive average per hour cost for both the armed and the unarmed security officer. 2. Diamond Detective Agency, Inc. has the most diverse contract record, including 3 federal security contracts and 1 each state, county and local security contracts. The company has a service record of over 34 years. 3. All bid documents are in order and all bid specifications were agreed to and documented appropriately. Three Lowest Bidders Company Bid Documents Experience Training Average Total Annual P/H cost Cost Diamond Detective Federal, State Agency, Inc. Complete and local Comprehensive 11.48 37,632.00 contracts Sunrise Security State and Local Comprehensive Agency Complete contracts 11.65 37,911.75 Superior Security State and Local Comprehensive International, Inc Complete contracts 12.50 40,653.50 · Page 1 - - - o ~ ~'- o m "o~o ~ 0 -- -- O 0o -I ~ ~ Ill ~-.~ Z Z z m ~ mz O .-o ~x ~ ~ O .o¢6.3 o_~o ~ ~¢,z~ ,,-, '"' .,'. m -~o ~Z m "r -< 'o m z .~ ~3> m~ ~ rn ~3 O O .3- ¢: 'T ITl O r- r- - E2~ ;:0 --' O O O m ~ m r- ~ I.,.3 E~ ** ¢ _-" '-n 0 m m m _< ~ ~ '-n ~ m ITl '~1 m : :~ c m m ;u a -u u~ ~ -Ua m 0 m m ~ ~ "TI -- m z ._q ~:~ 0 amZ m~ ~! '< am'~ mU3 ~ :::~ ~ ~.~. "o o 0 _~ x ;:0 Co ~;.~ ~ o o o o, ~, m zm ~u c x=o o o') ~O m ~ ~ e~ -- < .-< m ~ , .-< ..< O ~ o.) _, =. ~ .~ .-.4 .~. ~ '~' .~ °-' ~. O rtl {~ (.n '-.4 ,.~~ ~ .-~ o m m z o z: - ,5 c- -n o o o ~- ~-~' ~ z'n r.- m~ ~ =' r- -I ~~.'~ 5' Z o =×ggoO> ~: ~ o · om '"~ ~' zz mO .~ 4:~ rn m:> rn rn z -4 -~ o ~' ,?,(P z ~_ o o o o ~o~m~ ~o ~o '< m N~OF BID: "ANNUAL CONTRACT FOR SECURITY GUARD SERVICE" BID DATE: DECEMBER 30, 2003 BID #: 021-2710-04/CJD STATEMENT OF "NO BID" LISTING FEICK CORPORATION, THE Other - "Logistically not set up at this 7742 NORTH KENDALL DRIVE time for this service in your area. MIAMI, FL 33156 MAS SECURITY AGENCY Other - "Not providing armed service at 11443 - D W. PALMETTO PARK ROAD this time." BOCA RATON, FL 33428 VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C.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 I, 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) X March 16, 2004 March 1, 2004 (Noon) ~ [] Administrative [] Legal '~.~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation X Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place the attached Resolution on the March 16, 2004 Coa:a~fission Agenda under Consent. Staffrecommends this resolution be approved to assist with the redevelopment of the former Chevron site at the Northeast corner of Boynton Beach Boulevard and Congress Avenue, as approved by the City Commission at the February 3, 2004 meeting (Boynton Place NWSP 03-025). EXPLANATION: The former Chevron site contains a 750 square foot sidewalk easement under the jurisdiction of Palm Beach County. This easement parallels a portion of the existing sidewalk along Boynton Beach Boulevard, which sidewalk is slated to remain during the redevelopment of the site. The easement appears to serve no purpose and the applicant is requesting its abandonment from Palm Beach County to allow sufficient space for the minimum required landscape buffer. A requirement of abandonment from Palm Beach County is the adoption of a resolution from the municipality abandoning any interest it may have in the easement. Staff has determined there would be no interest in this sidewalk easement since there exists a sidewalk along Boynton Beach Boulevard exclusive of this easement. In addition to the resolution, also attached, in order, is the request of the applicant, a copy of the easement document and a copy of a portion of the County's abandonment procedures relative to the requirements for abandoning property located within mtmicipalities. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not approve the resolution, thereby rendering the project noncompliant with the landscape code, unless a variance is granted for a~r~t~ced landscape buffer along Boynton Beach Boulevard. Developmen~"~ I~epar~e~t-D~rec~'oY City Manager's Signature l~l~g'~and Zonfl~irector City Attorney / Finance / Human Resources S:~,BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING ANY INTEREST THE CITY HAS IN A CERTAIN 10 FOOT (750 SQUARE FOOT), WIDE SIDEWALK EASEMENT DEDICATED TO PALM BEACH COUNTY, FLORIDA IN OFFICIAL RECORD BOOK 6462, PAGE 862; BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO PALM BEACH COUNTY UPON ADOPTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 3, 2004, the City Commission approved the redevelopment of the former Chevron site at the Northeast comer of Boynton Beach Boulevard and Congress Avenue (Boynton Place NWSP 03-025); and WHEREAS, the former Chevron site contains a 10 foot (750 square foot) sidewalk easement under the jurisdiction of Palm Beach County, which parallels a portion of the exiSting sidewalk along Boynton Beach Boulevard; and. WHEREAS, City staff has determined that this easement which lies within the corporate limits of the municipality, serves no purpose to the City; and WHEREAS, the applicant, Paradise Development Group, has requested an abandonment of the easement from Palm Beach County to allow sufficient space for the minimum required landscape buffer; and WHEREAS, a requirement of abandonment from Palm Beach County is the adoption of a resolution from the municipality abandoning any interest it may have in the aforestated easement; and WHEREAS, staff has reviewed this request and recommends to the City Commission that the City of Boynton Beach abandon anyqnterest it may have in the 750 square foot easement more fully described in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are true and cbrrect and ratified and confirmed by the City Commission Counly easement-Chevron site.doc Section 2. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon any interest it has in a 10 foot wide (750 square foot) sidewalk easement as described in Exhibit "A" attached hereto. Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to Palm Beach County, Florida upon adoption. Section 4. This resolution shall take effect immediately upon passage. PASSED AND ADOPTED this __ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ~ounty easement-Chevron site.doc A parcel of lend lyi~i~ Section 29, Township 45 South, Range Also being a port,on o~ certain parcel of land described tn Official accord eook aa~d eal~ eea~ County and ~or~~larly deacri~d as follows~ . - Commence at the Northwest ~,~f sa~d Section 2~1 .thence South 00'57,00" east, along the~'~lne of sa~d Section ~, a dia:anae of 174.52 feet[ thence ~0..00 feet to n ~tne on the East((~t-o~-way line of Congress Avenue~ ~enae South 46'06'43 thence No~ a7'55~05- East aZong a ~a=a~lel and 62.75 feet Nor~ of the cen~erl~ne of ~oyneon 9.90 fee= ~o the ~INT-O~-BEGI~ZNGI ~ No~h 02'04~55" Wee~ a d~stance of LO.O0 Senti thence North ~5'05" East a d~atance Of 75.00 fee~l thence Sou~ 02'04 "55*~ ~a~tstance of 10. co feet to a po~t on a line 62,75 feet ~rth ~ ~nd paralle~ to the ' oenterl[~e of ~ynton Beach Bouleva~I along sa~d parallel Ztne a d~etanoe of 75~.ffe~ ~o the POINT-OF- con~a~n~n~ ?s0 ~are feet, ~0~e.o~ le~~ 8heat I o~ 2 January 27, 2004 Mr. Edward Breese City of Boynton Beach Planning & Zoning Division 100 E. Boynton Beach, FL 33425 Re: Boynton Place Dear Mr. Breese Please accept this letter as our request for a resolution from the City allowing for the abandonment of the 10-foot sidewalk easement located along the-south property line of the above-referenced project. The easement was dedicated by ORB 6462, Page 862. Enclosed for your use is a copy of this document. Should you have any questions or require additional information, please do not hesitate to call. Sincerely, Michelle Diaz-Mendez, P.E. cc: Mark Robbins, Paradise Development Group Departme.t of F.,a~ineerin~ Subject: PALM BEACH COUNTY ABANDONMENT PROCEDURES - ~d ~b.~: wo,.~ ORDINANCE 86-18 P.O. Box 21229 West Palm Beach, FL 33416-1229 Dear Madam or Sir: (561) 684-4000 ,,~.phcgov. com In response to your recent request for information concerning abandonment/vacation procedures in Palm Beach County, we have enclosed · a copy of the current Abandonment Ordinance and a sample petition. Please note that a $1,200.00 fee has been established to help cover our processing costs. A check or money order in this amount, made payable to Palm Beach Co.nty the Board of County Commissioners, Palm Beach County, should ~oa~d o~ co..ty accompany the petition. Commissioners l~3_,-en T. Marcus, Chair This office requires six (6) sets of the petition for expedient processing (one Tony Masflotti. vice Chairman set containing original signatures and appropriate seals). Jeff Koons Past experience indicates yoU should allow four (4) months for finalization of Warren H. NeWell the abandonment/vacation. If we may be of any service to you in this matter, Mary McCarty please contact me at 561-684-4097 for further information. Bu~ ~onso~ Sincerely, Addie L. Greene ,~ County Administrator Ms. Signe H. Miller, Robert Weisman Engineering Assistant Land Development Division Enclosures: Abandonment Ordinance Petition Outline Rev,925abn, 'An Equal Opportunity ' Affirmative Action Employer" ~ printed on recycled paper 1 petition affecting drainage easements, canals, lakes or other water 2 manasemen= systems, the written approval or consent of the drainage 3 d/strict(s) hav/ng Jurisdiction over the Petition Site shall also be 4 attached to the petition. 5 (7) Access to affected property - the petition shall contain a 6 statement 'that to the best of the Petitioner's knowledge, the granting of 7 the petition would not affect the o~nership or right of convenient access 8 of persons owning other parts of the subdivision. 9 (8) Federal or State highway statement - the petitioner shall 10 .'certify that the Petition Site, or any portion thereof, is'not a part of ii any State or Federal highway and vas not acquired or dedicated for State 12 or Federal highway purposes. 13 (9) Notice of Intent - Proof of publication of the Notice of l& Intent ·required by Section VII shall be attached to the petition. 15 (I0) Evidence of title - the petition shall state the source of 16 petitioner's o~nership or interest in and to the Petition Site, and a .17 re£erence to the recording l~ff~i~nation for same. A copy of the source 18 instrument shall be certified by the Clerk Of the Circuit Court and 19 attached to the petition. 20 (11) Evidence of taxes paid - the petition shall ~tate that all 21 state, ~unicipal and county taxes on the Petition Site have been paid. 22 The Certificate(s) of the Tax Collector's Office shoving payment of same 23 (as payment is defined in. SectiOn 177.101(4), Florida Statutes) shall be 24 attached to the petition.' If the Petition Site or any portion ~hereof is 25 .tax-exemPt, the petition shall so sta~e'-~'nd' a copy of the tax roll from 2~ the Tax ColleCtor's Office ~hich shows such exemption shall be attached 27 co the petition. 28 (12) Hunicipal resolution - the petition shall state whether 29 the Petition Site lies ~ithin the corporate limits of a ~Unicipality, 30 within the unincorpora~ed 'area, or both. .If any portion o~ ~he petition 31 site lies within the corporate limits of s municipality, the municipalit7 '32 shall fSrst abandon its interest in the Petition Site. bYappropriate 33 resolution, and a certified copy of the municipal resolution shall be 3~ attached to the petition. N. Evidence of taxes paid- the petitiOn shall state that all state, municipal and county taxes on the Petition Site have been paid. This instruction applies t° various easements contained in I~rivate property. The certificate(s) of the Tax CollectOr,s Office certifying payment of the same shall be attached to the petition. A duplicate receipt showing taxes paid and date of payment is acceptable. If the Petition Site isa public right of way and therefore tax-exempt, the petition shall so state and a certificate or a tax receipt for properties iabutting onto the public right of way will be required. O. Municipal resolUtion - the petition~~e"~ PetitiOn Site lies within the~ limits of or within the unincorporated area If any portion of the .petition site lies within the corPorate limits of a municipality, the municipality shall first abandon its Interest In the petition Site by appropriate resolution, and a certified copy of the municipal resolution shall be attached to the petition. P. Fees - the petition shall state whether the petition site is -- subject to the privilege fee, the amount of. said fee, and that the privilege fee is attached. The petition shall include the appropriate documentation supporting the petitioner's calculation of the privilege fee. Said fee applies to a Public Right of Way only. 1. Total sq.fi: of Right of Way (Pet!tlon Site)....sq fi: 2. TOtal sq. ft. of easement for ................ sq ft 3: *TOtal square feet subject to Privilege Fee ....... il .... *exclUding easements, if required 4. Average square footage value of parcels abutting the right of way ........................ : ...... per sq fi: 5. Overall value .................................. $ ........ 6. 80% of value ......... ~(X.80) ................... $ ........ 7. Less Filing Fee (if appl~oved) ................... $- 1,200.00 8. Total cost (Privilege Fee) ...................... VZ.-CONSENT AGENDA ITEM C. 2. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FO x ,. 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: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Palm Beach County for the property at 1057 Highview Road, Lantana, Florida (Lot 211, Ridge Grove Addition 1). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ~.._~ERNATIVE~.' Non/~. This parcel is within the Utilities service area. Department Hea~'s Signature City Manager's Signature UTILITIES Department Name citY Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLETINLVORMSX, AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the property located at 1057 Highview Road, Lantana, (Lots Lot 211, Ridge Grove Addition 1); and WHEREAS, the subject parcel is a single family home located in the San ge Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent water main improvements constructed by Palm Beach County as part of a improvement project; WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its ~dictional limits; and 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 >eing true and correct and are hereby made a specific part of this Resolution upon adoption ~ereof. Section 2. The City Manager is hereby authorized and directed to execute a Water ¢ervice Agreement between the City of Boynton Beach, Florida and Palm Beach County, l:\CAXRESO~Agreements\Water ServiceXPB County Water Service Agr.doc ;aid Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk S:~CALRESO~greements\Water Service~PB County Water Service Agr. doc ~ R200 01,0 0 AGREEMENT FOR HATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Governmental Entities) THIS AGREEMENT' made on this day of ~JA# J3 ~4 , 20 , by and ibetween PALM BEACH Cou~T~ . hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal coxl~oration of the State of Florida, hereinafter called the "City". WHEREAS, CustOmer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, CUstomer has requested that the City of Boynton Beach, Florida provide water service .to the property owned by Customer; and ~ER~S, the City of Boynton Beach has the ability to provide water service tm Customer's property; and WHEREAS,' the City ~of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water iservice from the Municipal Water System and the mutual covenants~ expressed herein, the City of Boynton Beach and the Customer, its heirs, suCcessors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described in Exhibit A and which Customer represents is owned by Customer: ~ 2. The Customer and the City hereby agree that there are 1 Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay a~l charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the Irrevocable 2 Special Power of Attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney. Any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferees, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having j~risdiction over such matters. Also, the City shall have no liabi~lity in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. Customer agrees to be fully responsible as 'set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts which result in liens or claims against the Department, and shall be liable to.the limits set forth in Section 768.28, Florida Statutes, for any damage proximately caused by said acts and omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the Customer to any claims to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of this Permit. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of lAN l~ ~ , 20 'fO/" _ ~D .,.~HY H. WILKEN, CLERK ) ~. ~...' '.~..~ BE,~,~ Coun Commissioners , ~. COUN~:vY ~"-'" ~=~ I / ~ ~ ~ PLORIO~ /~DEPU~CLERK- ~ ~ ~ ~ ~ ~ ~i ~"~o owne~,,+. Clerk (~in~ame and title) ....~ :-."" %~~_ , ' - . cus, s o owner) - ~ Board of County Co~issioners ~ rO o~ner) t (Prin~ name and title) y , Director FD&O ~~ ~~~ ~s s i~nt -Couhty~t ~ney STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in' the County aforesaid to take acknowledgments, personally appeared to me known~-'~h'~to person (s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to .m~ pr provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this day of IA# !3 ~ , 20 (Notary S,,~..'..~., ,~,,~ ~:~.. ~ £xoires; Oct 19, 2007 ........ Atlantic Bonding Co., Inc. Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk EXHIBIT "A" LEGAL DESCRIPTION Lot 211, of Ridge Grove Addition No.1, according to the Plat thereof, as recorded in Plat Book 22, at Page 43, of the Public RecOrds of Palm Beach County, Florida. PCN: 00-43-45-09-09-000-2110 THIS INSTRUMENT PREPARED BY: Jamm$ A. Ct~m/, Esquire Josia$ & Go,eh. P.A. 3099 Easl Commercial Blvd. S~le ~ FL ~ :,,,,~mdale, F$. 33~ R200 "' 0100 IRREVOCA8LE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF PALM BEACH I/We, _?N:,M_B_F, ACH_ _C0UNTY, , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's 6ame, place and stead, for the sole purpose of executing on behalf-of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real properly described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by' any available means. The real property which is the subject of this power is described as follows: SEE ATTACHED EXHIBIT "A" The powers and authod~ of my aRome¥, THE C~TY OF BOYNTON 8EACH, FLORIDA, shall commence and be in full force and effect on the day of JAil '1 ] 201K , 20 and the powers and authority shall be irrevocable by' Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of .¢AII! 3 200~ , in the year two thousand and Sealed and delivered in the presence of ~/~"~/~-~ DOROTHY H..~. ~_.~. ,~LERK Board of Co~~i~ers Wilness FD&O zstant County ~ttorney Wilness STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this day of JAN 1; ~ , 20. , by Knr_¢~__ T M~__r~__m_ and ~ut~l' , who are known to me or who have produced /v/fi , as identification and who did/did not take an oath. ,'-'~' ~::~ Gloria Madison ;~- :-.~'-. NOTARY PUBLIC Expires: Oct 19, 2007 ~o,,d~T~ Type or Print Name "'""'" Atlantic Bonding Co., Inc. Commission No. My Commission EXpires: POA. IND EXHIBIT "A" LEGAL DESCRIPTION Lot 211, of Ridge Grove Addition No.1, according to the Plat thereo[, as recorded in Plat Book 22, at Page 43, of the Public Records of Palm Beach County, Florida. PCN: 00-43-45-09-09-000-2110 STATE OF FLORIDA, COUNTY OF PALM BEACH I, DOROTHY H. WILKEN, ex-officio Clerk of the Board of County Commissioners certify this to be a true and corre~'t copy of the original fiJed in.my office on_ ~ ~.. ~-- ~. I~: DATED al Wef~t Palm Beach FL on '~~ ' DOROTHY ~ WlLKEN Clerk ..... 't"~T Y ~,,,,,, _~. O~ ........... ..u.O ',,.. .~ ~..-' -...~,,.._,~ ~.~: COUNTY ~'.. ~-, .0~ ~',,~ o';: ..... I in. = 106.4 feet · & B ! i41 7 10 ,3 · 78 O6 7 Location Map- Exhibit "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nlkolits, CFA Palm Beach County Property Appraiser Public Access System - property Information Location Address: 1057 HIGHVIEW RD ~~how I~.p:,~ Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-09-000-2110 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 15561 Page: 1351 Sale Date: Jul-2003 Legal Description: RIDGE GROVE ADD NO I LT 211 - Owner Information Name: PALM BEACH COUNTY Mailing Address: 3323 BELVEDERE RD BLDG 503 WEST PALM BEACH FL 33406 1548 -2003 Certified Appraisal Value: $29,893 Number of Units: 1 Improvement Land Value: $11,520 * Total Sq. Ft: 788 Market Value: $41,413 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $000.66 Non ad valorem: $192.00 Total: s1,001.56 -2003 Certified Assessed & Taxable Values Assessed Value: $41,413 Exemption amount: $0 (2003 Exemption) Taxable: $41,413 Exemption Information Unavailable. -Sales Information Sales Date BOOk Page Price Instrument Owner Jul-2003 15561 1351 $53,000 WD PALM BEACH COUNTY Jun-2001 12704 505 $32,500 WD CHAMPION INVEST Nov-1999 11471 1310 $22,500 WD LICHTENBERGER DANIEL Mar-1998 10295 1930 $100 V~D ADAMS ME LVIN A JR Mar-1904 08161 1270 $32,500 WD Mar-1986 04828 0381 $100 LE Jan-1975 02401 0828 $13,500 00 i Print Information ~ I http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509... 2/18/2004 VI'.-CONSENT AGENDA I'TEM C.3 CITY OF BOYNTON BEA AGENDA ITEM REQUEST g 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 l 6, 2003 December l, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon)o [] 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 ._. 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 and authorize signing of Task Order No. U04-16-1 with PBS&J for Engineering and Construction Management Services on the Lawrence Road Utility Relocation Project, for a not-to-exceed value of $24,439. PBS&J is one of the engineering consultants approved at the November 18, 2003 Commission meeting for Scope C - Infrastructure projects. EXPLANATION: Palm Beach County's upcoming widening of Lawrence Road from Gateway Blvd. southward to Boynton Beach Blvd. will require significant water and sewer line adjustments and/or replacement. The actual scope of that work will be authorized via an interlocal agreement with the County in the near future. PBS&J had been retained to design the necessary adjustments and replacements. We will require their services to monitor the construction, review change order and pay requests, certify the finished product to the regulatory agencies, and prepare record drawings. The estimated, not-to-exceed cost for there effort is $24,439 PROGRAM IMPACT: Utility line relocations are essential to avoid conflicts with storm drainage and other changes that will be constructed in the Lawrence Road widening project. S:~BULLETINLFORMSX~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The not-to-exceed amount of $24,439 is available in the renewal and replacement fund, account nos. 401-5000-590-96-02 (WTR 119) and 401-5000-590-96-04 (SWR 098) ALTERNATIVES: None. The engineer must be retained to certify the completed work to the regulatory agencies, and also to make any changes to their design which may be required during the course of construction due to differing field conditions. PBS&J qualifies for this work by virtue of being the design engineer, and also via their selection as one of the firms selected by the City under Scope C of the Request for Qualifications. ~ Departme City Manager's Signature UTILITIES ~ Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " File " S:~BULLETIN~FORMSX, AGENDA ITEM REQUEST FORM.DOC An employee-owned company January 15, 2004 Mr. Peter V. Mazzella, P.E. Deputy Utility Director City of Boynton Beach, Florida 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Task Order 1 Proposal for Post Design Services Lawrence Road Utility Adjustments Dear Mr. Mazzella: Post, Buckley, Schuh and Jernigan (PBS&J) is pleased to provide this proposal for Task Order 1, Amendment to General Services Contract for post design services related to utility adjustments along Lawrence Road between Boynton Beach Road and Canal L-22. The purpose of this proposal is to provide as-needed construction management and observation services to the City during the utility construction phase of the County's roadway reconstruction project as requested by City staff. A task order description based on an hourly, not-to-exceed budget and a manhour loading chart have been developed to conform to the City's standard format. A schedule for the services covered by this task order will be dependent upon the schedule of the contractor selected by the County. Consequently the construction schedule is unavailable at this time. Since the work identified in this task order will likely not begin until just prior to the County's bid opening (scheduled for mid-2004), it has been assumed that a notice to proceed will be issued by the City to PBS&J separately and at a later date. Should this not be the case, please contact us so we can modify the language of this proposal accordingly. No time will be charged to any task prior to PBS&J receiving a Notice to Proceed from the City. This task order shall remain in effect from the date of acceptance by the City until completion of the utility i~ortion of the Lawrence Road construction project. Currently, the engineer's estimate for completion of the utility construction is 180 days. Assuming utility construction commencing around May 2004, this task order is expected to expire around November 2004. Additional services are available to the City by amendment to this task order. If this proposal meets with the City's approval, please sign both copies and return one to us. We appreciate the opportunity to be of service to the City of Boynton Beach. If you 3230'Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689.7275 · Fax: 561.689.3884 · www. pbsj.com Peter V. Mazzella, P.E. January 15, 2004 Page 2 have any questions, please do not hesitate to contact us. Sinc.er_.~[y, . ~ · . Dover, PE Vice President, Division Manager Senior Project Manager RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER NO. U04-16- 1, BETWEEN THE CITY OF BOYNTON BEACH AND POST, BUCKI.F.Y, SCHUH AND JERRIGAN (PBS&J) IN AN AMOUNT NOT TO EXCEED $24,439 FOR ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES ON THE LAWRENCE ROAD LOCATION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County's upcoming widening of Lawrence Road from Blvd., southward to Boynton Beach Blvd., will require significant water and line adjustments and/or replacement; and; and WHEREAS, the actual scope of that work will be authorized via an Inteflocal with the County in the near future; and WHEREAS, PBS&J had been retained to design the necessary adjustments and ts and we will require their services to monitor the construction, review order and pay requests, certify the finished product to the regulatory agencies, and drawings; and WHEREAS, the City Commission upon recommendation from staff, deems it and in the best interest of the residents and citizens of the City to approve Order No. U04-16-1 in an amount not to exceed $24,439. to PBS&J for Engineering Construction Management Services on Lawrence Road Utility Relocation Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize and direct the City Manager to execute Task Order No. U04-16-1 in an not to exceed $24,439 to PBS&J for Engineering and Construction Management on Lawrence Road Utility Relocation Project. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Clerk Commissioner (Corporate Seal) An employee-owned company January 15, 2004 Mr. Peter V. Mazzella, P.E. Deputy Utility Director City of Boynton Beach, Florida 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Task Order 1 Proposal for Post Design Services Lawrence Road Utility Adjustments Dear Mr. Mazzella: Post, Buckley, Schuh and Jemigan (PBS&J) is pleased to provide this proposal for Task Order 1, Amendment to General Services Contract for post design services related to utility adjustments along Lawrence Road between Boynton Beach Road and Canal L-22. The purpose of this proposal is to provide as-needed construction management and observation services to the City during the utility construction phase of the County's roadway reconstruction project as requested by City staff. A task order description based on an hourly, not-to-exceed budget and a manhour loading ~hart have been developed to conform to the City's standard format. A schedule for the services covered by this task order will be dependent upon the ~schedule of the contractor selected by the County. Consequently the construction schedule is unavailable at this time. Since the work identified in this task order will likely not begin until just prior to the County's bid opening (scheduled for mid-2004), it has been assumed that a notice to proceed will be issued by the City to PBS&J separately and at a later date. Should this not be the case, please contact us so we can modify the language of this proposal accordingly. No time will be charged to any task prior to PBS&J receiving a Notice to Proceed from the City. This task order shall remain in effect from the date of acceptance by the City until completion of the utility i~ortion of the Lawrence Road construction project. Currently, the engineer's estimate for completion of the utility construction is 180 days. Assuming utility construction commencing around May 2004, this task order is expected to expire around November 2004. Additional services are available to the City by amendment to this task order. If this proposal meets with the City's approval, please sign both copies and remm one to us. We appreciate the opportunity to be of service to the City of Boynton Beach. If you 3230 Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689.7275 · Fax: 561.689.3884 · www. pbsj.com Peter V. Mazzella, P.E. January 15, 2004 Page 2 have any questions, please do not hesitate to contact us. · Phillip I1t. Dover, PE Vice President, Division Manager Senior Project Manager TASK ORDER NO. 1 PROFESSIONAL ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES LAWRENCE ROAD UTILITY RELOCATION PROJECT A. Background PBS&J (CONSULTANT) designed roadway and stormwater improvements along Lawrence Road from Boynton Beach Boulevard to approximately the L-22 canal crossing, as a consultant to Palm BeaCh County. Due to PBS&J's knowledge of this section of roadway, the City of Boynton Beach (CITY) requested PBS&J to design necessary utility relocations along this same roadwaysection to facilitate the roadway's reconstruction (via a separate, earlier task order and contract). This task order (Task Order No. 1) reflects the post-design services related to these utility relocations. While the roadway bidding and construction will be managed by and contracted through Palm Beach County, this task order describes specific proposed tasks that may be requested by the CITY to protect their utility interests during the roadway and utility relocation construction by the County's contractor. Consequently, because the County will provide roadway observation and other associated work, the services offered herein represent a portion of the traditional services usually offered in a conventional design-bid-build project and have been specifically requested by the CITY. Hourly rates shown are those previously submitted by PBS&J and agreed uPon by the CITY as contained in PBS&J's General Engineering Services Agreement. B. Scope of Services Task 1. Construction Management Services CONSULTANT will provide certain construction management (post design) services on an hourly, not-to-exceed basis to the CITY as further described below. a. Bidding and Award Services - hourly (not-to-exceed) as needed and requested CONSULTANT will, upon written request by the CITY, attend pre-bid meeting and review bids for math errors, and other related services as requested, not to exceed the hours budgeted. Time budgeted for this task is an estimate, and may vary according to the number of R.F.I.'s (requests for additional information) required, bid protests, reference issues discovered, etc. Additional hours, if needed, will require additional authorization. Deliverables under this task will include a summary of findings in a written letter report to the CITY. b. Review Pay Applications - hourly (not-to-exceed) as needed and requested CONSULTANT will, upon written request by the CITY, review up to six (6) contractor's periodic pay requests for accuracy. CONSULTANT will coordinate and review requests with field representative so that work completed and stored materials claimed on request is accurate to the best of our knowledge. Deliverables under this task will include a written opinion of the accuracy of each pay request. c. Review Shop Drawings & Substitution Requests This task will be performed by the CITY and has not been included in this scope. However, these services are available if requested. d. Review Change Order Requests - hourly (not-to-exceed) as needed and requested CONSULTANT will, upon written request by the CITY, review up to three (3) contractor's change order claims, if required, for time, compensation, or both, up to the hours budgeted for this task. Deliverables under this task will include CONSULTANT's written opinion to the CITY of the validity of the contractor's claim. The budget for this task is limited to the hours provided. Additional hours, if needed, will require additional authorization. Time shown for this effort has been estimated, as the exact time, extent of claims if any, and duration of effort required by the CONSULTANT cannot be known at this time. e. Certifications to CITY & Health Unit - hourly (not-to-exceed) as needed and requested CONSULTANT will, upon written request by the CITY, complete and submit forms requesting placing each system (water and wastewater) into service. The budget estimated for this task is for completion of one (1) each water and wastewater application for service. An increase in hours for this task will be required if additional applications are necessary. Deliverables to the CITY will include a copy of the forms submitted. Task 2. Design Conformance Observation CONSULTANT will provide design conformance observation services on an hourly (not- to-exceed) basis to the CITY as further described below. a. Observation - hourly (not-to-exceed) as requested CONSULTANT's field representative will, upon written request by the CITY, provide construction observation services for water and wastewater utility adjustments, up to the hours budgeted for this task. The intent of this service will be to provide construction observation services on a part-time basis during regular business hours (Monday through Friday, 8 AM to 5 PM), and will generally be 2 limited to only that portion of the project involved in the utility relocations or adjustments, Critical utility work (i.e. bridge crossing) may require limited full time observation, depending upon the conditions encoUntered. The budget for this task is limited to the hours provided. Additional hours, if needed, will require additional authorization. Deliverables under this task include one copy of the field representative's daily report. This copy will be forwarded monthly to the CITY for the period corresponding to the invoice period, or as often as requested by the CITY. b. Attend Progress Meetings - hourly (not-to-exceed) as requested CONSULTANT will, upon written request by the CITY, attend project progress meetings. Time allocated for this task includes attendance at six (6) meetings for senior project manager and six (6) meetings for CONSULTANT's field representative, including travel time. As progress meeting minutes are generally a responsibility of the contractor, no deliverable for this task has been included in the time allocated. Task 3. Record Drawings - Lump Sum At the completion of construction, CONSULTANT will be provided by the CITY with contractor's utility markup drawings and will make revisions to the CONSULTANT's electronic utility design files. This task will be completed as a lump sum and does not include certification as to the accuracy of the record drawing information provided by the contractor (Note: The CONSULTANT recommends that the CITY require a signed and sealed survey from the Contractor). CONSULTANT will convert utility design files from Microstation format to Autocad 2002 format. Deliverables under this task include record drawing electronic files on CD and on one (1) set of 24" x 36" mylar reproducibles for the utility portion only of the project (cover sheet and ten (10) plan and profile sheets). Estimated Direct Expenses Direct expenses are as defined under the Continuing Professional Services Contract between CONSULTANT and the CITY. The amount budgeted is an estimate of direct expenses that could be expended which is ten (10) percent of the estimated total labor services, and is traditionally accepted as' the industry standard. Funds not expended will not be billed. Direct expense detail will be provided with each invoice. C. 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 (CITY) and PBS&J (CONSULTANT). D. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Amendment and associated fee. Changes and/or modifications in the above work items or these assumptions are considered an Additional Service under the terms of the contract. Assumptions include: 1. Deviations from the Final Design Drawings will be compiled by the Contractor, recorded on the official set of the contractor's record drawings, and provided to the CITY at the completion of construction. The CITY shall, in turn, provide a copy of these drawings to the CONSULTANT for use in preparing the Record Drawings. CONSULTANT has not included preparation of field record drawings in his scope. 2. CONSULTANT will attend progress and bid meetings as defined in Paragraph B, "Scope of Services". However, attendance at additional meetings in support of this project are not included in this budget. 3. Part-time observation hours have been estimated as further described in the scope of services and as shown on the budget manhour spreadsheet. Additional time for observation services has not been included in this budget. 4. The work described by this task order does not include survey services. 5. The record drawing information to be obtained from the contractor via the CITY will be assumed to be correct. No verification as to the accuracy of this information has been included in this task Order. 6. A single bidding eff°rt is assumed. Re-bidding of the project is considered an Additional Services item. 7. Costs related to verification and/or testing of contractor's compliance with Contract Documents are not included in this task order. 8. Review of shop drawings and substitution requests have not been included in this scope at the request of the CITY. 9. Review of contractor's pay requests exceeding 6 months has not been included in this task order. 4 10. Request to place a water or wastewater system into operation exceeding one (1) each for water and one (1) each for wastewater has not been included in this task order. E. Additional Services The following are examples of some specific Additional Service 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 D (upon which the task Order fee is based) is considered an Additional Service Item. Examples include: 1. Additional supervision or construction observation in excess of that specified in this Amendment. 2. Construction time requiring involvement of the CONSULTANT exceeding six (6) months. If the petiod of construction of utilities requiting CONSULTANT is extended, additional time and expenses will be necessary. 3. Assisting the City in the settlement of constmction contract claims. 4. Replacement of water mains and sewer mains at locations other than those identified and shown on the design plans. Should additional water and/or sewer mains be located during construction requiring adjustment, permitting, and/or design services involving the CONSULTANT, additional lump sum fees will be developed as requested by the CITY for this work. Likewise, additional construction services will be extended as appropriate. 5. Field verification (horizontal or vertical) of existing utilities identified as being within the immediate area of the proposed pipelines shown on the design drawings. 6. Additional regulatory agency responses relating, but not limited to, certification for placement of pipelines into service that exceed the effort described in the Scope of Services. 7. Development of property descriptions of easements, road right of ways, etc. Preparation of right of way or easement boundary surveys. 8. Archaeological or historical investigations required as a result of discovery of items uncovered during construction. 9. Design modifications to the Construction Contract Documents (i.e. change orders) required during construction. This is not to be confused with assisting the CITY with reviewing contractor change orders as provided for in the Scope of Services on an hourly basis. 10. Soil/groundwater investigation required as a result of discovery or suspicion of contamination during construction. 11. Review of shop drawings and/or requests for substitution of items. 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 1. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the CITY's utilities, streets, and appurtenances within the project as necessary for performance of the services specified herein. 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. G. Compensation Compensation by the CITY to the CONSULTANT for all tasks except Task 3, Record Drawings, will be paid on an hourly (not-to-exceed) basis. Task 3, Record Drawings will be paid on the basis of lump sum. The estimated compensation for the services described in this Task Order is $24,439 as shown in Table 1, below: Table 1: Labor and Expense Summary Post Design Services Lawrence Road Utility Relocation City of Boynton Beach Labor Labor Expenses Total Hrs Cost Cost Task 1 Construction Mgrnt Svcs 65 $7,082 $708 $7,790 Task 2 Observation 125 $11,485 $1,149 $12,634 Task 3 Record Drawings 64 $3,650 $365 $4,015 Totals 254 $22,217 $2,222 $24,439 6 'H. Schedule The CONSULTANT will commence post design services upon receipt of written authorization and receipt of Notice to Proceed (2 separate documents). 7 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By:. Kurt Bressner City Manager Dated this day of ,2004. SUBMITFED BY: By: Blake C. Guitlory, P.E. Associate Vice President Division Manager Dated this ~g'''7'~ dayof 9 VI.-CONSENT AGENDA CITY OF BOYNTON BEg ITEM C.4 AGENDA ITEM REQUEST · Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office 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) [] ,anuary20,2004 January5,2004(Noon) [] March l6,2004 March l,2004(Noon)~ []Administrative [-]Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Claudia and David Valdez for the properties at 1127 Highland Road and 1241 Highland Road, Lantana, Florida (lot 71 Ridge Grove and lot 87, Ridge Grove, respectively). EXPLANATION: The parcels covered by this agreement each contain a single-family home, and are located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the properties at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to these parcels. No additional construction will be required by the City to serve these properties. FISCAL IMPACT: None ALTERNATIVES: None. These parcels are within the Utilities service area. Department Heads g~nature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CLAUDIA VALDEZ AND DAVID VALDEZ; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the properties located at 1127 Highland Road and 1241 Lantana, Florida (Lot 71, Ridge Grove and Lot 87), respectively; and WHEREAS, the parcels covered by this agreement each contain a single-family and are located in the San Castle/Ridge Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent water main improvements constructed by Palm Beach County as part of a improvement project; WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its urisdictional limits; and 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 tree and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Manager is hereby authorized and directed to execute a Water :rvice Agreement between the City of Boynton Beach, Florida and Claudia Valdez and :\CA'~RESOLa~greements\Water Service\Valdez Water Service Agndoc Valdez, said Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ,greements\Water Service\Valdez Water Service Agr.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ~T,~HI&~ReE~E~E~aod,e~nL~'i~_~_x~ dayO~erOe na~c~ ,2003 ,byand between C [4 i led the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach,' Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer.with water service from its Municipal Water System to service the real property described as follOws and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are _~'~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conform ,ance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiting the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to ail mains, extensions and other facilities extended fi.om the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed fi.om time to time. 7. Any tights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's tights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. · The Custom-er hereby agrees to indemnify, defend and hold harmless' the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether 0r not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of wan'anty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. ~) vrNfWITNESS WHEREOF, the parties hereto have set their hands and seals this O ( day of c4t>b :. ,200 _. W~ .., /~NDIyIDUA.L,(S) ,~S~ OWNER(S): Owner Signature Pn'ntellWqitness Name I Printed Owner Name ~qi-~ess Signat/(lx;e PrinF'ed Witness Name \ Witn%ss' Signa~e P~ed Witness Nm;ne Printed Owner Name Witness Signature ~/ Printed Witness Name ~/ FOR INDMDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an'officer duly authorized in the State aforesaid and in the County aforesaid to take a.cknowledgments, personally appeared ~'~x.O:c~ \)lx.\g¢~ o~ox,3 Ct6_~t~(c~ I//kl3C"~ tomeknowntobethe ~t~ . person(s) described in and who executed the foregoing i.r~stmment that he/she acknowledged before me that he/she executed the same; ~at the individual was personally known to me or provided the following proof of identification: -' ~ .W[ .TN~ESS myhand and official seal in the County and State last aforesaid this 0 ! dayof ~WI.b D~~' ,200,~ I ~ol~ ~o. r~r:~,q,~ Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City,,Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tree corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ day of ,200 . (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Chemf, Esquire Josias & Goren, P.A. 3099 East Commemtal Blvd. Suffe 200 FL Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~)~"J, w'- ~" '')-''- I/We, ~ Lc~t c~ ot~ ~c~);' ~L g~t~, hereinafter "Grantee", hereby make, ~nstitute, and appoint THE CI~ OF BOYNTON B~CH, FLORIDA, tree and la~ul aEomey in fa~ for Grantee and in Grantee's name, pla~ and stead, for the sole pu~ose of executing on behaE of Grantee the power to initiate, maintain, and complete a ~lunta~ petEion for annexation of the real pmpe~ desc~bed heroin into the CI~ OF BOYNTON B~CH. This ~wer shall e~end to the CI~ OF BOYNTON B~CH full and ~mplete autho~ to a~ on G~ntee's behalf to a~mplish annexation by any , available means. ~e mai pmpe~ which is the sUbject of this power is desc~b~ as The powem and a~ho~ of my a~omey. THE CI~ OF BOYNTON B~CH, FLORIDA, shall ~mmen~ and be in full fome and effe~ on the O I day of O~¢~ , 200 ) and the ~wem and au~Od~ shall b® iffevo~ble by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the O ! day of ~c.-]'0~¢ ,,-- , in the year two thousand and ~:Lo_.___~u ?_ ')~_~~red in the presence of ~Wi~' ~at~re41 I Il' ~w~r gi~ture - ' -- PrintS~WitnEss Name PrTnted Owner Name WitneSs Signatu~7 Print~ Witness Name ~Si~ure '~ Owner Si~ature /~Witne~ -~ Printed Owner Name ~itness Signature ~rint~ Witnoss ~amo STATE OF FLORIDA ) · ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledoed before me this 0 / day of 0 ?~,c.,,- , 20o3, bY ~lo..~.,,.~.,' ~,. t~'P,\~¢ ~ and '."~(~,-O;~ 0~\~:'~' , who are known jo me or who have produced , as ide~ation and who did~did not take an oath. . t'AUt. A CONZA~z I N(~TAR NtOTARY PUBLIC STATE OF FLORIDAI co~ssioN No. DmS'/~,~ I , m'CO~M~ZONDO,.~.~3,-~0~ ! Type or Pdnt Nar0.e CommissiOn No. ~'5"~ My Commission Expires: POAJND I in. = 179.4 feet LOCATION MAP- EXHIBIT "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Appraiser ........................................ Public Access System Home Search - Property Information Search Resul~ Location Address: 1127 HIGHLAND RD Property Info~ nation Municipality: COUNTY OF PALM BEACH Owner Inform tion Parcel Control Number: 00-43~45-09-08-000-0710 Structural Del ~il Subdivision: RIDGE GROVE IN Extra Feature Official Records Book: 07392 Page: 0984 Sale Date: Sep-1992 Land Detail Legal Description: RIDGE GROVE LT 71 Tax Detail Print Information ~wner Information ................ ! ............. Name: VALDEZ DAVID & CLAUDIA Property Al~praiser Home Mailing Address: 325 SOUTH F ST LAKE WORTH FL 33460 4016 - 2003 Proposed Appraisal Improvement Value: $33,938 Number of Units: 1 [ Stmcturagl Land Value: $11,520 Total Sq. Ft: 728 [ Extra... Market Value: $45,458 Acres: .00 [,,,, Land... Use Code: 0100 Description: SINGLE FAMILY -2003 Proposed Tax_ Detail... Ad Valorem: $888.86 Non ad valorem: $192.00 Total: $1,080.86 ~2003 Proposed Assessed & Taxable Values Assessed Value: $45,458.00 Exemption amount: $0 (2003 Exemption) Taxable: $45,458.00 Exemption Information Unavailable. - Sales Information Sales Date Book Page PHce !.nstrument Owner Sep-1992 07392 0984 20000 WD Mar-1986 04886 1641 100 QC Jan-1978 02969 1944 16000 00 Information Print http://www, co.palm_beach.fl.us/papa/main/detail_info.asp?p_entity=00434509080000710 11/10/2003 Palm Beach County Property Appraiser Property Search System Page 2 of 2 I Home Back [ I Search ! Search Result J ---- Please send us your feedback_ Copyright © 2002 by Palm Beach County Property Appraiser All Rights Reserved http://www~c~~pa~m~beach~~~us/papa/main/detai~-inf~~asp?p-entity=~~4345~9~8~~~~710 11/10/2003 Palm Beach County Property Appraiser Property Search System Page 1 of I Show Drawing / M~p I ~ ,Subareas for Building 1 Subarea SQ. Footage ~ Percent Effective Area Area Under Air BAS BASE AREA 728 00 00 00 Total 728 -Structural Elements for Building 1 EXTERIOR WALL-1 CB STUCCO EXTERIOR WALL-2 N/A ROOF STRUCTURE GABLE/HIP ROOF COVER ASPH/COMP. SHG.=I.00 iNTERIOR WALL-1 PLASTER=I.00 INTERIOR WALL-2 N/A FLOOR TYPE-1 VINYL/ASPHALT TILE=.98 FLOOR TYPE-2 N/A YEAR BUILT 1949 EFECTIVE YEAR 1955 TOTAL ROOMS BED ROOMS 1 FULL BATH 1 HALF BATH 0 BLDG USE 0100 STORIES 1 [ Show Drawing/Map I ~ P~'ir;t'lnf°rmati0n '1 http://www~c~~pa~m-beach~~~us/papa/main/stmct-detai~~asp?entity-id=~~4345~9~8~~~~7~~~ 11/10/2003 Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Appraiser Public Access System -Property Information Location Address: 1241 HIGHLAND RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-08-000-0870 Subdivision: RIDGE GROVE IN Official Records Book: 07976 Page: 0364 Sale Date: Nov-1993 Legal Description: RIDGE GROVE LT 87 - Owner Information Name: VALDEZ DAVID & CLAUDIA Mailing Address: 325 SOUTH F ST LAKE WORTH FL 33460 4016 -2003 Proposed Appraisal Improvement .umber of u.ita: I Value: $40,860 Land Value: $10,240 Total Sq. Ft: 1054 l. Exllqg' Market Value: $51.10o Acres: .00 [ Land,, Use Code: o100 Description: SINGLE FAMILY ~ 2003 Proposed Tax Ad Valorem: $999.17 Non ad valorem: $192.00 Total: $1,191.17 [ Detail... -2003 Proposed Assessed & Taxable Values Assessed Value: $51.100.00 Exemption amount: $0 (2003 Exemption) Taxable: $51.100.00 Exemption Information Unavailable. - Sales Information Sales Date Book Pa_ue Price Instrumerit Owner Nov- 1993 07976 0364 32000 Jan-1980 03262 1665 32000 00 'Print Information I http://www~c~~pa~m~beach~~~us/papedmain/detai~-inf~~asp?p-entity=~~4345~9~8~~~~87~ 11/10/2003 Palm Beach County Property Appraiser Property Search System Page 2 of 2 ! Home I ! Back !_ ! Search I I Search Result ! .--- z~'" NI Please send us your feedback Copyright © 2002 by Palm Beach County Property Appraiser All Rights Reserved http://www.c~.pa~m-beach.~.us/papa~main/detai~Jnf~.asp?p-entity=~~4345~9~8~~~~87~ 11/10/2003 Pfilm Beach County Property Appraiser Property Search System Page 1 of 1 Show Drawing / Map J ~ iBSubareas for Building 1 Subarea S(~._ Footage Area Percent Effective Area Area Under Air AS BASE AREA 854 00 00 00 200 00 00 00 IUCP UNFINISHED CARPORT ! Total 1,054 -Structural Elements for Building 1 EXTERIOR WALL-1 CB STUCCO EXTERIOR WALL-2 N/A ROOF STRUCTURE GABLE/HIP ROOF COVER BUILT-UP T/G=1.00 INTERIOR WALL-1 PLASTER=I.00 INTERIOR WALL-2 N/A FLOOR TYPE-1 VINYL/ASPHALT TILE=.98 FLOOR TYPE-2 N/A YEAR BUILT 1959 EFECTIVE YEAR 1968 TOTAL ROOMS BED ROOMS 1 FULL BATH 1 HALF BATH 0 BLDG USE 0100 STORIES 1 Show Drawing / Map I ~ Print Information I I http://www~c~~pa~m-beach.~~us/papa/main/stmct-detai~~asp?~ntity-id=~~4345~9~8~~~~8... 11/10/2003 VI.-CONSENT AGENDA CITY OF BOYNTON BE ITEM C.5 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) [] Febmaryl7,2004 February 2, 2004 (Nq~ [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 ,...-. eno [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon)tO [] Administrative [] Legal -~ NATURE OF [] Announcement [] New Business O AGENDA ITEM [] City Manager's Report [] Presentation ::1:: [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve Interlocal Agreement with the Town of Hypoluxo for the provision of fire and rescue services. EXPLANATION: The Town of Hyplouxo is interested in renewing a seven year cooperative agreement with the City effective October 1, 2004 for the provision of fire and rescue services. By mutual consent, this agreement is being entered into one year earlier than previously provided (September 30~ 3005). PROGRAM IMPACT: The Fire Rescue Department has analyzed the operational impact of this relationship and is able to effectively handle the current call volume. FISCAL IMPACT: This Agreement provides for the Town of Hypiouxo to pay the City $249,553.20 during the first year of the Agreement with an adjustment formula (CPI or 4%, whichever is greater) for subsequent years. ALTERNATIVES: Do not approve this Interlocal Agreement. Department H~ s Signature City Manager's Signature Department Name U ity Attome](~i/mnce / Human Resources S:XBULLETINqFORMSXAGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF AN 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND THE TOWN OF HYPOLUXO 7 PROVIDING FIRE AND RESCUE SERVICES; AND 8 PROVII)ING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Of Boynton Beach currently has an Inteflocal 11 Agreement for Fire and Rescue Services with the Town of Hypoluxo, and; 12 WHEREAS, the Interlocal Agreement provides for the Town of 13 Hypohixo to pay the City $249,553.20 during the first year of the Agreement 14 with an adjustment formula of CPI or 4%, whichever is greater, for subsequent 15 years; and 16 WHEREAS, staff has reviewed the Interlocal Agreement, a copy of 17 which is attached hereto and made apart hereof. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 19 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 20 THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 22 as being tree and correct and are hereby made a specific part of this Resolution 23 upon adoption hereof. 24 Section 2. Upon recommendation of staff, this Commission does hereby 25 authorize execution of this Interlocal Agreement between the City of Boynton 26 Beach and the Town of HypolUXo, which Agreement is attached hereto and 27 made a part here. Agreement for Fire Rescue Town of Hypo.doc 1 Section 2 That this Resolution shall become effective 2 immediately upon passage. 3 PASSED AND ADOPTED this day of March, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 14 Commissioner 15 16 17 Commissioner 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 29 ca/reso/agreements/interlocaFFire Rescue Town of Hypo Agreement for Fire Rescue Town of Hypo.doc INTERLOCAL AGREEMENT PROVIDING FOR FIRE-RESCUE SERVICES TO THE TOWN OF HYPOLUXO BY THE CITY BOYNTON BEACH This Agreement, made and entered into this day of ,200,l, by and between the City of Boynton Beach, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "City", and the Town of Hypoluxo, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "Town." WITNESSETH: WHEREAS, the Town presently does not maintain a Fire Protection and Fire Rescue Department with fire fighting and emergency medical equipment and personnel, and desires the City to provide fire and rescue services to the Town; and WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue Department and desires to provide fire and rescue services to the Town; and WHEREAS, the City will maintain or improve the standards of fire and rescue services to the Town as currently provided by the City within its municipal limits; and WHEREAS, the City has a mutual aid agreement with Palm Beach County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City and Town desire to enter into a cooperative arrangement providing fire and rescue services benefiting public safety and local government; and WHEREAS, Section 163.01, Flodda Statutes, permits public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of fire and rescue services without regard to territorial boundaries, which shall benefit mutually and equally the citizens of each party; and WHEREAS, the City will provide fire and rescue services to the Town in conformance with City and Palm Beach County Fire Code of Ordinances; and WHEREAS, the City will provide additional fire and rescue equipment and personnel to ensure that the Town will receive the same or improved standards of fire rescue services that are currently being received by the Town. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto, hereby agree as follows: SECT[ON 1. PURPOSE (a) This Agreement constitutes an intedocal agreement authorized by Section 163.01, Florida Statues, being a joint exercise of Power shared in common which any City could exercise separately and shall be filed with the Clerk of Circuit Court in and for Palm Beach County, Florida. (b) The purpose of this Agreement is to provide fire protection and fire rescue within the municipal limits of the Town by the City Fire Rescue Department. Fire rescue shall include advanced life support as that term is defined by section 401.23, Florida Statutes. Fire protection shall include plan review, fire code enforcement, building inspecUon, fire suppression, fire inspection and fire investigation. SECTION 2. TERH OF AGREEMENT The term of this Agreement shall be for a period of seven (7) years commencing October 1, 2004 and ending September 30, 2011, unless sooner terminated as provided herein. This agreement shall be renewable for additional seven (7) year periods upon the written agreement of both parties. SECT[ON 3. SERVICES RENDERED The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire inspection, fire investigation and advanced life support services 24 hours per day, 365 days per year, within the municipal limits of the Town throughout the term of this Agreement. (a) This [nteflocal Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City, or at any emergency scene within the Town boundaries at any specific time. The City will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town consistent with the level 2 of resources available to the City and the level of service provided to City residents. (b) The parties hereto further understand and agree that a possibility exists that the City of Boynton Beach Fire Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies, the judgement of the Fire Chief of the City, or the senior Fire Department Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the parties hereto. If the City cannot respond to a call for assistance due to multiple calls and/or alarms in progress, all reasonable efforts will then be made by the City to arrange for a suitable response from another agency or jurisdiction cooperating with the City through various mutual aid agreements in effect at the time. (c) The Fire Chief of the City of Boynton Beach shall have full and complete authority through the normal chain of command over the operation of the City of Boynton Beach Fire Department personnel, vehicles and equipment while in the Town of Hypoluxo. (d) The City Fire Department shall have complete authority and control over the use and deployment of any and all apparatus and equipment acquired by the Town for its use and to support this Agreement during its term. (e) The Town officials, employees, residents and citizens shall not interfere with the direction, management and deployment of the City Fire Department, its personnel or equipment at any time during fire fighting or other emergency situaUons. (0 The Town shall report all street and road closures/openings to the City Fire Department immediately. (g) The City assumes no responsibility for emergency preparedness planning and program implementation for the Town. (h) The City will provide the same level of service to the Town as it provides to City residents with respect to hazardous material response in accordance with the Palm Beach County Regional Hazardous klatedals Response Ordinance of 1998 (''County Haz-Mat Ordinance'% which is incorporated herein, and made a part hereof by reference. As set forth in the County Haz-Hat Ordinance, recovery of all costs associated with a discharge or threatened discharge of hazardous substances will be sought against the persons responsible for causing or allowing a discharge or threatened discharge. To the extent that costs are actually incurred by the City in responding to a hazardous material incident within the corporate limits of the Town and the City (or the 3 County on behalf of the City), using its best efforts, is unable to recover such costs from the responsible persons or the Federal Govemment in accordance with Section 7 of the County Haz-Mat Ordinance, the Town shall reimburse the City for certain expended supplies and consumables, namely, chemical absorbents, hazardous materials vapor suppressions, chemical testing agents, and hazardous materials recovery drums and/or other containers used by the City Fire Department. (i) The City is permitted to invoice residents of the Town for appropriate emergency medical service fees under the same terms and conditions as those for residents of the City. SEC'IION 4. PAYMENT In consideration of the City providing the services set forth in Section 3, the Town agrees to pay the City the sum of Two Hundred Forty-Nine Thousand Five Hundred Fifty-Three Dollars and 20/100 ($249,553.20) during the first year of this Agreement, payable in two equal, semi-annual installments on .lanuary 15, 2005 and April 15, 2005. Commencing October 1, 2005, the annual compensation for fire rescue services to be rendered by the City to the Town shall be adjusted annually. Per mutual agreement of the parties, such compensation may be adjusted to offset any increased costs of providing the enumerated services and programs due to unfunded mandated of the federal, state, or County government and to address any other unforseen events or contingencies. The adjustments contemplated in this subsection shall be in addition the annual adjustment set forth below. Before .luly 1, 2005, and annually before .]uly I of each succeeding year of this Agreement, the initial compensation payable by the Town to the City ($249.553.20) shall be adjusted effective October 1, 2005, and as of October 1 of each succeeding year of this Agreement. The annual adjusted compensation commencing October 1, 2005 and for each succeeding year of this Agreement shall be determined by incorporating the May Al~ Urban Consumer Pr/ce Zndex (CPI) in accordance with the Department of Labor - Department of StaUstics or an increase of four percent (4%), whichever is greater, Adjusted compensation for fire rescue services shall be paid by the Town to the City in two equal semi-annual installments on January 15 and Apdi 15 throughout the term of this Agreement. The City's fee for inspection and plan review of new development, redevelopment, and existing structures within the Town shall be charged directly 4 to the owners of such new development, redevelopment, and existing structures in accordance with the applicable City ordinance. SECTION 5. NOTICES AND PAYMENTS All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested, and/or fax to the following addresses, respectively (payments should be sent via certified mail and need only be sent to the City Manager and Mayor): City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33~,35 Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33,t35 Mayor Town of Hypoluxo 7580 South Federal Highway Hypoluxo, Florida 33~62-6034 SECTION 6. CODE The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended, including NFPA I Fire Prevention Code (2000 edition) and NFPA Life Safety Code (2000 ediUon), in addition to any local amendments adopted by the City in accordance with section 633.0215, Florida Statutes, shall apply within the Town's municipal limits. Sections 2.5-8. 2.5-9, 2.5-11, 2.5-12, and 2.5-13 and amendments hereafter of the City Code of Ordinances, "Alarm Systems," shall be incorporated herein by reference in this Agreement. The City shall remit false alarm charges to the Town. The Town shall notify alarm users of the charges due, requesting payment thereof pursuant to Section 2.5-13 of the City Code of Ordinances, "Alarm Systems." That section imposes a fine for more than three (3) false alarms in any twelve-month period, exclusive of false alarms caused by acts of God or other natural forces. 5 The City shall promptly provide the Town with copies of all new legislation, including but not limited to ordinances, resolutions, policies, or procedures which may be enacted by the City that may affect Chapter 2.5 entitled "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and Prevention" of the City of Boynton Beach Code of Ordinances. SECT[ON 7. ADMINISTRATION All written rules and regulations, polices and procedures of the City of Boynton Beach Fire Rescue Department shall apply to the Town and are hereby incorporated herein by reference pursuant to this Agreement. Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers in any way whatsoever. This Agreement is solely an interlocal Agreement to provide fire rescue services as authorized by Chapter 163, Florida Statues. The Town and City Councils shall each retain total legislative authority with regard to their respective municipalities. Each party to this Agreement will remain liable for its own negligence and any and all negligent actions undertaken by its employees and agents in the performance of the obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in section 768.28, Flodda Statutes. SECTION 8. DISPUTES In the event that the Town has a dispute with respect to the City's performance hereunder, the Town shall notify the City Manager in writing, advising of disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the Town or and the City, the Town shall request the City Manager schedule the disputed matter to be heard at the next scheduled City Commission meeting. SECTION 9. TERMINATION Either party may terminate this Agreement upon a minimum of one (1) year's written notice to the other party, such termination to be effective at the end of the first complete fiscal year (September 30) after receipt of the written notice. For example, if a decision is made to terminate this Agreement anytime after October 1, 2005 and prior to September 30, 2006, this Agreement shall be terminated on September 30, 2007. 6 SECTION 10. AMENDMENT TO AGREEMENT This Agreement shall not be amended or modified except in wdting executed by the parties, and approved by resolution of the governing body of each party. SECTION 11. MISCELLANEOUS PROVISIONS (a) 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 other party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. (b) The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. (c) If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. (d) This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or adsing out of this Interlocal Agreement shall be held in Palm Beach County, Florida. (e) This Interlocal Agreement represents the entire understanding of the parties, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Intedocal Agreement. None of the Provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. (f) This Interlocal Agreement and subsequent amendments thereto shall be filed by the City with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 163.01(11), Florida Statutes. 7 WITNESSES: TOWN OF HYPOLUXO, FLORIDA Mayor Attest: Town Clerk Approved as to form and Legal sufficiency: Leonard Rubin, Esq. Assistant Town Attorney WITNESSES: CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: City Clerk Approved as to form and Legal sufficiency: .]ames Cherof City Attorney S:ca/agmts/fire rescue services/hypoluxo 8 VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM C.6 AGENDA ITEM REQUEST F Requested City Commission Dale Final Form Must be Turned Requested City Commission Date Final Foma Must be Turned in Meeting Dates in to City Clerk's Office Meeting Dat~ to City Clork's [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16,2003 December 1,2003(Noon) [] February 17,2004 Februaty 2, 2004 (Noon) [] January6,2004 DecemberlS, 2003(Noon) [] Mareh 2, 2004 Februaryl6,200n(Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 Maxx:h 1, 2004 [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDAITEM [] City Manager's Report [] PresentatiOn c..o ~..< [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business .~. RECOM3~NDA~ON: Motion to approve and authorize the execution of a Resolution for Amendment No. 1 to Task Order 01-17, Camp Dresser & McKee Inc. (CDM) for $48,700.00. Amendment No. 1 provides for additional engineering services for the INCA Stormwater Management Improvements and Water Main Replacement Project (formerly referred to as the NE 7* Street and NE 10t~ Avenue area and North and South Roads). EXPLANATION: Task Order 01-17, approved by City Commission on June 17, 2003, included services for minor design modifications/additions for the preparation of area street lighting and aeration fountain specifications in addition to construction phase services regarding the INCA Project. Neither this task order nor the original Task Order 01-05 included permitting for conditions related to the mangrove and wetland areas existing within the project area. The South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (USACOE) have issued three (3) extensive Requests for Additional Information (RAI) regarding environmental issues. The permitting agencies requests for the design of wetland preservation and mitigation work are outside the scope of servic~ described under Task Orders 01-05 and 01-17. S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Amendment No. 1 to Task Order 01-17 will provide the following professional services: Response to the RAI's from SFWMD · Revision of the construction drawings and specifications incorporating the changes required by the RAI's · Street lighting construction drawings for the North and South Roads portion of the project area · Modify the bid forms to include items necessary for installation of 2,700 linear feet of sewer lines, street lighting installation, and wetland mitigation and protection FISCAL IMPACT: Funds are available in account $$407-5000-590-96.07 (STM02!) and $$407-5000-590-96.02 (WTR116). TASK ORDER COMMISSION ACCOUNT NUMBER AMOUNT APPROVED 407-5000-590-96.07 STM021 Task Order 01-17 June 17, 2003 407-5000-590-96.02 WTRll6 $195,000.00 Amendment $$1, Proposed Approval 407-5000-590-96.07 STM021 Task Order 01-17 March 16, 2004 407-5000-590-96.02 WTRll6 $ 48,700.00 TOTAL $ 243,700.00 Negotiations for services between the City and CDM were approved through an Agreement for General Engineering/Consulting dated October 4, 2000. S:~BULLETIN~ORMS~S~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: There is no alternative. The INCA project will improve the quality of life within the related communities and prevent further nuisance flooding. Untreated stormwater drainage into the Intracoastal Waterway, as well as wetlands impact and mitigation will be in compliance with the extensive requirements of both SFWMD and the USACOE. Dale S.S.u~erman, Kurt Bressner, Assistant City Manager City Manager Utilities Department ~ Department Name City Attorney / Finance / Human Resources Attachment: Four (4) Original Task Order Amendments bc: Dale Sugerman, Assistant City Manager cc: Paul Fleming, Sr. Project Manager Bob Kenyon, Deputy Utilities Director Mark Law, Deputy Utilities Director Barb Conboy, Manager, Utilities Administration Procurement Services File S:kl3Ul J .F. TINWORMSLA_GENDA ITEM REQUEST FORM. DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO TASK ORDER NO. 01-17 TO CAMP, DRESSER & MC KEE, INC., IN THE AMOUNT OF $48,700.00, PROVIDING FOR ADDITIONAL ENGINEERING SERVICES FOR THE INCA STORMWATER IMPROVEMENTS AND WATER MAIN REPLACEMENT PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, task Order 01-07, approved by the City Commission on June 17, 2003, ncluded services for minor design modifications//additions for the preparation of area street and aeration fountain specifications in addition to construction phase services the INCA Project, however, neither this Task Order, nor the original Task Order included permitting for conditions related to the mangrove and wetland areas within the project area; and WHEREAS, three extensive requests have been received from the permitting South Florida Water Management District and the U.S. Army Corps of Engineers, additional information regarding environmental issues, which are outside the scope of described under Task Orders previously adopted. WHEREAS, the City Commission, upon staff's recommendation, has deemed it and in the best interests of the public, to approve Amendment No. 1 to Task No. 01-17 for Camp, Dresser & McKee, in the amount of $48,700, for the additional services for the INCA Stormwater Management Improvements and Water Main Project (formerly referred to as the NE 7th Street and NE l0th Avenue area and and South Roads). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: - Change Orders\Task Order - Amendment 1 to CDM 01-17.doc 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 authorize and direct execution Amendment No. 1 to Task Order No. 01-17 for Camp, & McKee, in the amount of $48,700, for the additional engineering services for the Stormwater Management Improvements and Water Main Replacement Project referred to as the NE 7th Street and NE l0th Avenue area and North and South Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner iTTEST: Clerk - Change Orders\Task Order - Amendment 1 to CDM 01-17.doc ENGINEERING SERVICES TASK ORDER CITY OF BOYNTON BEACH TASK ORDER NO. 01-17, Amendment No. 1 DATE: CDM PROJECT NO. 6276-39603 I. PROJECT TITLE Additional Services for N.E. 7th Street Area and North & South Roads II. BACKGROUND CDM was retained by the City of Boynton Beach (City) to design, permit and provide bidding services for stormwater improvements to N.E. 7~h Street Area and North & So6th Roads. During the permitting process, the South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (USACOE) requested additional information regarding environmental issues related to wetlands within the project area. The additional issues were defined on two (2) response letters by SFWMD as Request for Additional Information (RAI). The RAI letters requested additional design and wetland mitigation work that was outside the scope of services described under Task Order 01-05 approved by the City of Boynton Beach. This Task Order Amendment consists of professional Services to respond to the RAI's from SFWMD, revision of the construction drawings and specifications incorporating the changes required by the RAI's. The City also requests a street lighting plan for the North & South Roads project. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4th day of October 2000 between the City of Boynton Beach (City) and Camp Dresser & McKee Inc. (CDM). IV. SCOPE OF SERVICES The Scope of Services shall include the following tasks: · . Wetland mitigation design and related work as requested by SFWMD; · Preparation of RAI response documents to SFWMD RAI #2 dated March 21, 2003, and RAI #3. dated October 3, 2003; · Revision of drawings and specifications after the issuance of the ERP to incorporate changes resulting from SFWMD requests; and · Preparation of construction plans for street lighting North & South Roads project. N:\0000\bs7771 TO.doc 1 02/1 !/04 The detailed Scope of Services is outlined in Exhibit A. V. PROIECT STATUS REVIEW CDM shall provide the City with written monthly status reports with monthly invoices for the duration of the project. VI. PROJECT SCHEDULE CDM will commence services upon receipt of written authorization and will complete the professional engineering services within four weeks in order to fulfill SFWMD requests. In the event the SFWMD requests additional information beyond what was established in their two (2) RAI letters, additional compensation would be required. VII. COlVlPENSA~ON FOR SERVICES The total amount to be paid to CDM by the City under this Task Order:shall be a lttmp sum amount of $48,700. A breakdown of the labor hours and other costs associated with this_Task Order are provided in Exhibits B and C, IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CAMP DRESSER & McKee INC. CITY OF BOYNTON BEACH, FLORIDA David F. Holtz, P.E., I~E Kurt Bressner, City Manager Associate N:\0000\bs7771 TO.doc 2 02/11/04 EXHIBIT A ADDITIONAL SERVICES FOR N.E. 7rH STREET AREA AND NORTH AND SOUTH ROADS SCOPE OF SERVICES TASK 1 - WETLAND MITIGATION DESIGN This task includes the wetland mitigation design for the project including: · Site visits with the South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (usACOE) staff; · Preparing planting plans within the ouffall area for temporary and permanent impacts; · Preparing planting and mitigation plans in consultation with the SFWMD/USACOE; and · Prepa ~_nng pertinent documents to support the planting, mitigation plans and conservation areas. ~- · Incorporate planting plans and details into the construction drawings. · Prepare technical specifications addressing planting and mitigation plans. · Provide cost estimate to furnish and install the wetland planting plan.' TASK 2 - PREPARATION OF RAI RESPONSE DOCUMENTS This task will be undertaken to respond to SFWMD RAI. CDM responded to RAI #2 on September 2, 2003 which was not included in the original scope of services. Recently RAI #3 was issued by the SFWMD regarding wetland issues. CDM Will prepare the responses to RAI #3, address all issues mentioned in the letter and provide supporting documentation. Costs for obtaining legal descriptions from surveyor are not included in this task. This task will be completed within two (2) Weeks from the date of authorization by the city. TASK 3 - STREET LIGHTING FOR NORTH AND SOUTH ROADS AREA CDM will prepare construction drawings, details and specifications for the installation of street lighting along North and South Roads, including West, Northwest, Central, Northeast and East Drives. TASK 4 - REVISION OF BID FORM AND COST ESTIMATE CDM will modify the bid forms to include the items necessary for installation of sewer lines (2,700' ft) within the project area to include the necessary bid items for street lighting installation and to include an item for wetland mitigation and protection. 2/11/2004 EXHIBIT B PROJECT BUDGET PROJECT: City of Boynton Beach Additional Services for NE 7th Street Area and North and South Roads CONTRACT REFERENCE: Agreement for General Engineering Consulting Services between City of Boynton Beach, Florida and Camp Dresser & McKee Inc. dated October 4, 2000. Labor Category Hours Total Officer 2 Technical Specialist 78 Project Director 15 Senior Engineer 106 Profession~fl II 60 Professional I 54 Senior Support 80 Staff Support 24 Clerical 40 459 TOTAL LABOR COST $48,006.00 OTHER DIRECT COSTS $700.00 TOTAL ESTIMATED COST $48,706.00 LUMP SUM COST $48,700.00 N:\0000\bs7771 Exh B.doc\02/ll/04 B-1 VI.-CONSENT AGENDA CITY OF BOYNTON BE3 ITEM C.7 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 CiW Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 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 16, 2004 (Noon)4: [] 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 O~ c~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing oran Agreement for Water Service Outside the City Limits with Paul and Julie Krasna for the property at 1096 Oleander Road, Lantana, Florida (Lot 35, Hypoluxo Ridge Addition 2). EXPLANATION: The parcel covered by this agreement includes a duplex home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None r~-'Zak-L.TERi~ATUI~S: l~ne. This parcel is within the Utilities service aSlea. Department Het0's Signature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND PAUL KRASNA AND JULIE KRASNA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the property located at 1096 Oleander Road, Lantana, 35, Hypoluxo Ridge Addition 2); and WHEREAS, the parcel covered by this agreement contains a single-family home, and tted in the San Castle/Ridge Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent water main improvements constructed by Palm Beach County as part of a improvement project; WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its urisdictional limits; and 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 Manager is hereby authorized and directed to execute a Water Cervice Agreement between the City of Boynton Beach, Florida and Paul Krasna and Julie g:\CAXRESOXAgreements\Water ServiceXKrasna Water Service Agr. doc said Agreement being attached hereto ~.s~ Extfibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ,greements\Watex ServicehKrasna Water Service Agr. doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~? dayof fffV~/~ , 20~& by and between l:>~,t) L. ~, ~_~t_~t~LiJ'd~/g, Kre~.r~ hereinat~er called the "Customer", and th~ CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service fiom the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Qustomer with water service fi-Om its Municipal Water System to service the real property described hs follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the city herebY agree that there are ~,,_~' Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of en~neering, material, labor, installation and inspection of the facilities as required by'the City of Boynton Beach Code of Ordinances or Land Development regulations to provide, service to the Customer's premises. The Customer shall be responsible for installation in conforrr~ance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Cu§tomer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended fi.om the City Water .... Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed fi.om time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. CUStomer covenants that it shall cooperate with the City and not raise opposition or challenge to such!annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to ~e City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant runhing with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) fi.om and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of rifle. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the'parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this/~?~t~day of ,200h . WITNESS: IND .I~rlDUAL(S) AS OWNER(8): /With~s/13i~nature~ ' .. OT~v--fi~r.Signature e~ '~Vitness Name ' -' Printed Owner Name Witness Signature / 3 Witness Signature Owner Signature Printed Wimess Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SS.' COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afore~d and in the County aforesaid to take acknowledgments, personally appeared T~t~t.- ]/, ~ r~d'l~ a~L ~l-'o~l~ .A4 , K r ~ Xh~ tomeknowntobethe person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the followingpr°ofofidenfification' F la. 13 ~t [< ~oZ X- ~ q~- .WIyFNEss my hand and official seal in the County and State last aforesaid this/O day of ~e,.b r ~ r~ , 20o y (Notary Seal) 11,~8~, stoas ~ [[ Notary Public ll~,.~ili-{~ I~IYCOMMISSION#C~9'J3630 Il WT~-~S: ....... - _ __I CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City, Clerk 4 STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing wimesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS mY hand and official seal in the County and State last aforesaid this __ day of' 200 . (Notary Seal) Notary Public .................. Approved as to form: . City Attorney ~ INSl'RUMF. N'r PREPARED BY: .Iosi~ & G~mn, P.A. Sulle 200 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA '· I~ ~ ~ V, ~~ ~i~, hereinafter *G~.tee", hereby make, ~nstit~e, and ap~int THE CI~ OF BOYNTON B~CH, FLORIDA, tree and la~ul aEomey in fa~ for Grantee and in Grantee's name, pla~ and stead, for the sole pu~se of ex~ng on behaE of Grantee ~e power to inEiate, maintain, and complete a volunta~ petEion for annexation of the mai pmpe~ descHb~ heroin into the CI~ OF BOYNTON B~CH. This ~wer shall e~end to the CI~ OF BO~TON B~CH full and ~mplete authod~ to a~ on Grantee's behaE to a~mplish annexation by any , available means. ~e mai pmpe~ ~ich is the suHe~ of this ~wer is descHb~ as The powem and au~oH~ of my a~omey, THE Ci~ OF 'BOYNTON B~CH, FLORIDA, shall ~mmen~ and be in full fome and effe~ on the /D~ day of ~ ~[~FV, 2o~ and the ~wem and au~oH~ shall be iffevo~ble by · Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the dayof .j~.;£f. ztt, l--y. , in the year two thousand and. Sealed and delivered in the presence of Vgi{nes~/Signatu.r~''' - O VSic~natur Pdnted V~it~ess Name Printed;Owner Name Witness Signature Printed Witness Name Witness Signature '~e~: Signature ' Printed Witness Name I~rinted Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BF_.ACH ) THE FOREGOING INSTRUMENT Wa acknowled ed' before me'this/~(~ day of Fe.J~f~z~/".V' , 200?; ' by ~/~L' /2, ~"~ro~ ~z,d_ ~j~.l;~ ~,-'~'~--~d - _ _ /. , who am kno~ to me or who.. have p~u~ ~. ~. L, ~ ~-~-~-/~/, as ident~tion and whO did/did ~t-take an oath. ~ NOTARY PUBLIC T~e or Pdnt ~ame Commi~iOn~NO. My ~mmission E~ims: II ~, ~~- - ~ POA. IND ~'~ MY~~91~ ~ a~ ~PIRES: F~24, ~ J~ Service Request - New Location Customers requesting water service to a location not yet serviced by the City must pay all applicable fees before service will be offered. If the new service location is-within the scope of our service area but outside Boynton Beach City limits, they will be required to pay the following: * CAPITAL FACILITY CHARGE - based on Size of dwelling, see Ordinance 90-35. · CONNECTION FEE - based on size of the meter. · METER DEPOSIT - based on size of meter, serves as security for the charges on the water account. If the service location is within the City limits, they will be required to pay only the connection fee and meter deposit. The City's Building Department collected the capital facility fee when the buildingpermit was issued. For existing property that has been on well and/or septic, Cap fees will need to be collected. Once all fees have been paid, the customer must coordinate the installation of water service with the Utility Department's Water Distribution Division. The customer's property must meet all requirements regarding the meter box and the water and sewer service line connections from the building to the point of connection with the City. An inspection will be made by the Utility Department to determine if and when the property may receive water service. I in. = 286.6 feet Location Map- Exhibit "A" Palm ~eacn Lounty rroper[y ^pprmser rroper[y ~earcn system rage i oI z Gary R, Nikoltts, CFA Palm Beach County Property Appraiser Public Access System - Property Information. Location Address: 1096 OLEANDER RD Municipality: ¢OUNT~ OF PALM @EACH Pamel Control Number: 00-43-45-09-14-000-0350 Subdivision: HYPOLUXO RIDGE ADD 2 IN Official Records Book: 08286 Page: 1736 Sale Date: May-1994 Legal Description: HYPOLUXO RIDGE ADD 2, LT 35 - Owner Information Name: KRASNA PAUL V & JULIE M M~iling Address: 1412 THORNBANK LN V~ST PALM BEACH FL 33411 4020 -2003 Certified Appraisal Improvement Value: $61,955 Number of Units: 1 Land Val,e: $16,000 * Total Sq. Ft: 2052 Market Value: $77,955 Acres: .00 Use Code: -0800 Description: MFR < 10 UNITS · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $1,524.26 Non ad valorem: $282.00 Total: $1,8o~.26 -2003 Certified Assessed & Taxable Values Assessed Value: $77,955 Exemption amount: $0 (2003 Exemption) Taxable: $77,955 Exemption Information Unavailable. -Sales Information Sales Date Book Page Price Instrument Owner May-1994 08286 1736 $66,100 FD Oct-1993 07989 1182 $100 WD Oct-1993 07932 0955 $100 CT Apr-1988 . 05643 1708 $77,000 WD Jun-1985 04571 0303 $10,000 QC Jan-1977 02768 1465 $140,000 00 http://www, co.palm-beach.fl.us/papa/mairddetail_info.asp?p_entity=O0434509140000350 2/23/2004 VI.-CONSENT AGENDA ITEM C. 8 CITY OF BOYNTON BEAI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January6,2004 December 15,2003 (Noon) [] March2,2004 February 16,2004(Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal '"O NATURE OF [] Announcement [] New Business .~. AGENDA ITEM [] City Manager's Report [] Presentation -"' [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with R.I. & J. Financial, Inc. for the property at 1042 Highview Road, Lantana, Florida (Lot 160, Ridge Grove Addition 1). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None Department Heac~ Signature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE C1TY OF BOYNTON BEACH AND R. I. & J. FINANCIAL, INC.; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the property located at 1042 Highview Road, Lantana, (Lot 160, Ridge Grove Addition 1); and WHEREAS, the parcel covered by this agreement contains a single-family home, and located in the San Castle/Ridge Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent water main improvements constructed by Palm Beach County as part of a improvement project; WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 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 Manager is hereby aOthorized and directed to execute a Water Agreement between the City of Boynton Beach, Florida and R.I. & J. Financial, Inc., g:\CA'tRESO~greeraents\Water ServiceXRl & J Financial Water Service Agr. doc ;aid Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2004. C1TY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner clerk ;:',CALRESOkAgreements\Water ServicekRl & J Financial Water Service Agr.doc THIS INSTRUMENT PREPARED James A. Cherof, Esquire Josias & Goren, PA. ~ East Commercial B~. ~u., ~oo Ft. Lauderda~, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGF~EMENT made On th, b.i§ ~' day of ,.F(b . , 20_~, by and between ~ ~- 0~ ~ |-(^o~. c,'~. ) ~' hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its .jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mUtual covenants expressed herein, the City. of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ,/. ~' Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to Provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pUrsuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner, 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be' subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns, or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby n~de a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorl~ey referenced herein is to be recorded in the Public Records of Palm Beach County, FlOrida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in .the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS W~IEREOF, the parties he.r~to have set their hands and seals this ~ day of //~_~/~ ~ ~ ,200~. WITNESS: ~~: Witness Sigrl~re ' - (~ ~Presi~lent'~ Sig~rure Printed W~tness Name ~,rinted P~esident s Name Witness Signature Printed Witness Name Witness Signature Name ~ Printed Secreta~i Vice PreSident s~'ame Pri~Witness Witness Signature Printe~l Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid .and in the County aforesaid to take acknowledgments, personally appeared/~On~ [~ ~'~-)~ ~,~r~r~,~._ ~ .~;-~,~ .,~"/-'0~ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual, wa~ Der.~..___~,~q~-' '.:.-.£~_-'.-~ ;:. _-.;_-. 5?provided the following proof of identification: WITNESS my hand ~nd official seal in the~ County and State last aforesaid this day of WITN CITM OF BoYNToN BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 9OO182 12/1'2/95. rev WATERSRV. 1 THIS INSTRUMENT PREPARED BY: James Ao Cherof, Esquire Josias & Gomn, P.A. 3099 East Commercial Blvd. Suile 200 Ft. Lauderdale, FL 33308 iRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF /~ Iv~. I/We, {~.'T_ ~,~. ~ ~'inc,/tc~,,f ) '~../'( , hereinafter "Grantee", hereby make, constitute, and appoint THE CI~ OF BOYNTON B~CH, FLORIDA, true and !a~ul a~orney in fa~ for Grantee and in Grantee's na~, pla~ and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and ~mplete a volunta~ petition for annexation of the real prope~ deserib~ heroin into the CI~ OF BOYNTON B~CH. This power shall e~end to the CI~ OF BOyNTON B~CH full and complete authori~ to a~ on Grantee's behalf to accomplish annexation by any available ~ans. The mai prope~ which is the subje~ of this power is described as follo~: The powem and authori~ ~of my affOrney, THE CI~ OF BOYNTON B~CH, FLORIDA, shall ~m~n~ and 'be in full for~ and effe~ on the ~ day of ~ , 20~ and'the poem and authori~ shall be irrevo~ble by. Grant~. IN WITNESS WHEREOF. we have hereunto set our hands and seals the day of ~.~/"c(. ~/_z-~, in the year two thousand and-'~ Sealed and delivered in the presence of ture ~ ~sident's Signature Print~ W~ne~ Name -P~int~ ~resid~nt's Nam~ Witness Signature ~Witne~ ~ature ~ " %cre~,, Vice Preside~Sig~e Printed W~tne~ Name Print~ S~mta~/Vi~ President's Name Witno~ Printe~ Witness Na~e STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) TIlE FOREGOING INSTRUMENT was acknowledged before me this ~ day of ~r~£~ . 200.~, by ~n~V/~ ~/;~,,~r'TZ~.,-r,A -- and j~,'~_~-r-~{) .J~an-~L~' .~ ~.;;; :~ ~==. ~o have produ~ ~ ~. ~;~ ~&~. ~a--. as identifi~tion and wh~id/did.not take an oath. NOTARY PUBLIC ~,~~ ,~% ~oN~ion ~0. My Commission Expires: POA. IND 1 in. = 176.7 feet 3030 ~02( 3000 2980 2960 2950 / 2930 29t0 2890 2871 2850 284( !83C 2810 2800I 55( 2560 !60{ !6t(~ 2620 2640J 2650 PI~AK 079t 0771 0760 75( 0730 172~ 710I / 0950 0~0 1360 t561 t 390 MINER RD ~ . Location Map- Exhibit "A" ..... ~:':' ~ ~'~ BooklG,180/Page353 Page 2 of 2 Prepared By and Return To: K:im Ulrich Fidelity National Title Insurance Company of New York 150 S. Pine Island Rd., #510 Plantation, FL 33324 File No. 03-015-907059 Property Appraiser's Parcel I.D.(folio) Number{s) 01-43-45-09-000-1600 SS#: WARRANTY DEED THIS WARRANTY DEED dated this day of January, 2004, by Genaro Bartolon Perez, a married man, joined by his wife, Magnolia Gonzalez hereinafter called the grantor, to R. I. & J. Financial, Inc., a Florida Corporation whose post office address is 2060 N.W. 15th Place, Delray Beach, Florida 33445-, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns, of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable consideration, :eipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and ~nfirms unto the grantee, all the. certain land situated in Palm Beach County, Florida, viz: Lot 160, RIDGE GROVE ADDITION NO. 1, according to the plat thereof, as recorded in Plat Book 22, Page'43 of the Public Records of Palm Beach County, Florida. Subject to easements, restrictions, reservations, and limitations of record, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. AND the grantor hereby covenants with said grantee that the grantor is .lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and- will defend the same against the lawful-claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. Warra~t~ Deed (Individual to Individu~). Rev (12/02)(Indivi.wlod! Page I of 2 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above .written. Signed, sealed and delivered in the presence of: O~nero BartOlon Perez Signature)~ / (Print Name of Witness) M~..~nolia Gonzalez (Witness Signature) (Address and Phone Number) (Print Name of Witness) · .STATEof FLORIDA COUNTY of PALM BEACH I HEREBY CERTIFY that on this day, before me, an Officer duty authorized in the State aforesaid and the Cob aforesaid to take acknowledgements, personally appeared GENERO BARTOLON PERERZ AND MAGNOLIA GONZALEZ to me known to be the person(s) described in or who has/have produced DRIVERS LICENSE as identification and who executed the foregoing instrument and he/she/they acknowledged before me that he/she/they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ? day of January, 2004 · ,,".,,, .~... Notary Signature .,,;,~ ~,; ,. Susan I-Iurst ,-~..,..~.. .... . · .'~ ..""'~'"'...~,~._ Comrmssion # DD 032667 ~-:_~'.~a~.-" ~o~led Ttu-u Printed Notary Name My commission expires: ? Warranty Deed [Ir~dividual to Individual) Pane 2 of _ 2 P, ev (12/02)(Indivi.wpd) Gary R. Ntkolits, CFA Palm Beach County Property Appraiser I ~ Public Access System ' - Property Information Location Address: 1002 HIGHVIEVV RD ~ Wow Hap.~ Municipality: COUNTY OF PALM BEACH Pamel Control Number: 00-43-45-09-09-000-1600 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 16460 Page: 352 Sale Date: Jan-2000 Legal Description: RIDGE GROVE ADD NO 1 LT 160 - Owner Information Name: Ri & J FINANCIAL INC Mailing Address: 2060 NVV 15TH PL DELRAY BEACH FL 33445 -2003 Certified Appraisal Improvement Value: $51,740 Number of Units: I [m_-=~um'LI Land Value: $11,520 Total Sq. Ft: 1209 [ ~'.'~] Market Value: $63,260 Acres: .00 [ Land.~' ] Use Code: 0100 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $1,236.80 ~ Fax Calculato~I Non ad valorem: $192.00 Total: ~ $1,428.80 [ D~iL~ 'Il i2003 Certified Assessed & Taxable Values Assessed Value: $63,260 Exemption amount: $0 (2003 Exemption) Taxable: $63,260 Exemption I.nformation Unavailable. -Sales Information Sales Date Book Page Price Instrument Owner Jan-2004 16460 352 $75,000 WE) R I & J FINANCIAL INC Mar-2002 13595 767 $76,990 WD PEREZ GENARO B Jan-2002 13404 1874 $50,000 WD DI & Q FINANCIAL Sep-2001 12891 1857 $100 CT BANKERS TR CO CUSTODIAN May-2000 11906 184 $55,000 VVD VENTURA VVILLIAM Jan-1996 09107 0949 $38,000 WD Sep-1987 05423 0387 $39,350 WD Sep~1983 00032 1783 $49,000 WD Jui-1'981 03562 0630 $47,000 WD Jan-1979 03153 0667 $3%500 00 ~P~int ir~f°rmatk~n I http://www, co.palm-beach.fl, us/papa/main/detail _into . asp?p. _entitT=0043450909000 ] 600 2/6/2004 :!, 1~/15/2~03 15:27 9544286699 GH FINANClALGROUP PAGE 82 40.~ooo30/IL-I i % Articles of Incorporation of R.I. & J. Financial, Inc. e Florida eo~or,~on The undersigned incorporator(s)for the purpose of forming a corporation un. der the ~lodda · Business Corporation Act, hereby adopt(s) the fol. lowJ. ng Articles o£ Incorpm'ation. ARTICL$ i - NA.~tE The name of the corporation shall be: R.I. & J. Financial, Inc. ARTICLE II - PRIHCIPAL OFFICE The prinCipal place of business and mailing address of the'corporation shall be: 2060 NW 15~ Place Delray Beach, FL 33445 Frier: GM Finan. cJ.a/Cn'oup, Inc. c/o Jaime Beard 1191 E, Ncwport Center Drive Suite 103 Deerfield Beach, FL 33442 - (954)428.8899 (954)428-6699 Fax 'i0/i~2~'03 i5:27 9544285599 GM FINANCIALGROUP PAGE ARTICLE HI - AUTHORIZED SHARES The number of shares thc corporation is authorized to issue is: ONE THOUSAND (1,000) SHARES OF COMMON STOCK, ALL OF ONE CLASS, DESIGNATED AS COMMON STOCK HAVING A PAR VALUE OF TEN CENTS ($. 10) PER SHARE. Thc Board of Director(s) of the Corporation may authorize thc issuance from time to time of shares of its stock of~y class, whether now or hereafter authorized, or s~urities convertible into shares of its stock o£ any class, whether now or hereafter authorized, for such consideration as the Board of Direct0r(s) may deem. advisable, subject to such restrictions or limitations, if any, as may be set forth in the bylaws of thc Corporation. ARTICLE IV . ENITIAL REGISTERED AGENT AND. ADDRESS The name and address of the initial registered office is: Ronald Schwartzman 2060 NW 15~ Place D¢lray Beach, FL 33445 ARTICLE V - INCORPORATOR(S) The name(s) and street address(es) of the incorporator(s) to these Articles of Incorporation: Ronald Schwartzman. 2060 NW 15i Pla,e Delray Beach, FL 33445 -2- 10; 16/2003 15:27 ~544286599 G~d FINANCIALGROUP PAGE 04 ARTICLE _VI_- INITIAL BOARD OF DIRECTORS Thc corporation shall be managed by a Board of Directors consisting of no less than one directoffs). The number of directors may be either increased or diminished from time to time, as provided in the bylaws, but shall never be less than one. The name(s) of the initial director(s): -- President: Ronald Schwartzman Vice President: Richard Kontos Treasurer: Ronald Schwartzman Secretary: Jasmine Velez A T CLE VH- AMEr M ,TS The corporation reserves the right to amend, alter, change, or repeal any provision in these Articles of Incorporation, or in any amendment hereto, or to add any provision, to these Articles of Incorporation or to any amendment hereto, in any manner now or hereafter prescribed or perraitted by thc provisions of any applicable statute of thc State of Florida, and ail rights conferred upon shareholders in these Articles or any amendment hereto are granted subject to this reservation. ~RTICLE VI, II - pU~ O,,SES Business Purpose: To buy and sell real estate. ~'lL%~l~6/2L~83 15:27 9544~85699 GM FINANCiALGROIJP PAGE 85 ARTICLE IX .- S..UB-CI-IkFFER $ CORPQ.1A~TION Thc Corporation may elect to be an S Corporation, as provided in Sub-CSapter S of the !ntemal Revenue Code of 1986, as amended. The shareholdcra offllis corporation may elect and, if elected, shall ¢onfi.nue such election to be an S Corporation a~ provided in Sub- 'Chapter S of the Internal Revenue COde of 1986, as amende~l, units the shareholders of the corporation unanimously agree otherwise in writing. After this corporation h.as elected to be an S Corporation, none of the shareholders of this Corporation, without the written consent of all the shareholders of this corporation shall take any action, or make any transfer or other disposition of the shareholders' shares of stock in the corporation, which will result in the termination or revocation of such election to be an S Corporation, as provided in Sub-Chapter S of the Internal Revenue Code of 1986, amended. Once the corporation has elected to be an S Corporation, each share of stock issued-by this corporation, shall contain the following legend: "The shares of stock represer,~ed by this certificate canuoC be tranefen'ed if such transfer would void the clecti°n ortbe corporation to be taxed tmd~ b"~b-Chaptcr S of ~he Internal Revenue Code of ARTICLE X - SHA!~E.. HOLDERS' RESTRICTIVE, ~.AGREEMENT All of the shar~s of stock of this corporation may be subject to a shareholders' restrictive agreement containing .n. um. erous restrictions on thc r/ghts of shareholders of the corporation and tra.~.sferability of the shares of stock of the corporation. A copy of the Shareholders' Restr/ctive Agreement, if any, is o~. file at the principal office of the corporation. ,ARTICLE :Ct- POWERS OF ¢om'o ,TION .The corporation shall have ~e same powe~ as an ~nd~dua] to do all things nec~ssa~ or convenient to ca~ our its business and affair, subject ~ any Ii~fions or ~es~c~ons ~mpOsed by applicabl~ law or ~ese A~cl~s of In~ora~. ARTICLE ~ - T.E~ OF E~S~NCE ~is co~ora~on shall have pe~e~ existence. ~CLE ~II - B~AWS The Bo~d of Director(s) of~e Co~o~tio~ shall have power, wi~out ~c assent or vote of the shareholders, to m~e, alter, amend or repeal the Bylaws of the Co,option., bu~ ~e affi~afive vo~e of a n~r of Directors) equal to a ~jofiW of ~e number who would co~timte a full Board of Directors) at the time of such action shall be necessa~ ~o t~e any action for ~e ma~ng, alteration, amender or r~eal of~e Bylaws. I0/15/'2003 !5:27 9544285699 G~ FI~t~CIALGROUP RAGE ARTICLE XIV - EFFECTIVE DATE These Articles of Incorporation shall be effective October 13, 2003 upon approval of the Secretary. of State, State of Florida ..... . ........ THE UNDERSIGNED Incorporator for the purpose of forming a corporation under the laws of the state of Florida, has executed these Articl~ oflnco..rpo, rafion on this } ~ day of ] ,~ ,t>~.(_')C,-~- . ,2003. ....... ~2.;;;;.-/ / -R:onald Sehw .az~gm. an 10/16/2003 15:27 9544286699 GM FINANCIALGROUP PAGE 88 CERTIFICATE OF DESIGNATION REGISTERED AGENT/REGISTERED OFFIC,E, Pursuant to the provisions ofsectlon 607.0501, Florida Statutes, 'the undersigned corporation, organized under the laws of the State of Florida, submits the following statement in 'designating the registered .office/registered agent, in the State of Florida.. 1. The name of the CorpOration is: R.I.& J. Financial, Inc. 2. The registered agent and office is: Ronald Schwartzman 2060 NW 15t~ place Delray BeaCh, F1 33445 Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in this certificate, I hereby accepted the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provision, s of all statutes relating to the proper and compIete performance of my duties, and I am f~~~r~ept the obligations of my position as registered agent. ":-R~nald Sch~artzrnan -7- 18/15/2883 15:27 9544285699 GM FINANOIALGROUP PAGE 09 Consent to obtain ASSISTANCE in ~e ~revara~/on of A~.cles of I,ucorporation for R.I. J. Financial, Inc: BE IT KNOWN, that the office of GM Financial Group, Inc., has provided assistance to the undersigned in filing Articles of Incorporation with Florida Department of State, Division of Corporations. Each Corporation is a separate entity and as such has specific goals, needs and 'requirements. It is therefore recommended by this office that corporate documents be reviewed by your legal counsel. We have provided assistance only in fili.og your Articles of Incorporation, providing a tax and accounting service and do not attempt to render any legal advice. If there is more than one unrelated shareholder., it is strongly recommended that legal counsel be retained to prepare a shareholder's agreement, a buy/sell agreement and other agreements which clearly address potential conflicts between shareholder's clarifying how such conflicts will be legally resolved. THE PROFESSIONAL ADVICE OF YOUR LEGAL COUNS]~L TO ASCERTAIN EXACT COMPLIANCE WITH ALL STATUTORY REQUIREMENTS IS STRONGLY RECOMMENDED. I(WE), THE UNDERSIGNED INCORPORATOR(S), HEREBY CLEARLY UNDERSTAND THAT THE OFFICE OF GM. FINANCIAL GROUP, INC., IS ONLY PROVIDING ASSISTANCE IN FILhNG ARTICLES OF IN'CORPORATION FOR R.I,. & J ._ Finaq. cial, Inc A DEPARTMENT OF' STATE, DMSION OF CORPORATIONS, AND THE OFFICE OF GM FINANCIAL GROUP INC., HAS CLEARLY RECOMMENDED TO.ME (US) TO SEEK PROFESSIONAL ADVICE FROM LEGAL COUNSEL TO ENSURE THAT ALL LEGAL MATTERS ARE PROPERLY . ..... ,Date ~ -8- ,1B/1S/20B3 15:27 9544286699 GM FINANCIALGROUP PAGE 18 Department of State Division. of Corporations P.O. Box6327 Tallahassee, FL 32314 SUBJECT: R.l. & J Financial_. Inc. .. . (Proposed corporate name) ~o Whom It May Concern: Enclosed please fin. d original Articles of Incorporation together with one (1) copy along with a check in the amount of $70.00 to cover the filing fees for the abovementioned corporation. Please send acknowledgment receipt to: Ronatd Schwartzman. 2060 NW 15t~ Place Delray Beach, FL 33445 c/o GM FINANCIAL GROUP, INC. '1191 E. Newport Center Drive, P~thouse B Deerfield B~aeh, FL 33442 Division of Corporations Page 1 of 2 Florida Profit R.I. & J. FINANCIAL, INC. PRINCIPAL ADDRESS 2060 NW 15TH PLACE DELRAY BEACH FL 33445 MAILING ADDRESS 2060 NW 15TH PLACE DELRAY BEACH FL 33445 Document Number FEI Number Date Filed P03000118160 NONE 10/20/2003 State Status Effecth,e Date FL ACTIVE 10/13/2003 Registered A~em , SCHW.a,~RTZI~£,VN', RONALD 2060 Ixl~r 15TH PLACE DELRAY BEACH FL 33445 Officer/Director Detail i i Name & Address II Title SCI~L.~RTZ~£a&I, RONALD 2060 lq~r 15'1~ PLACE PTD KONTOS, RICIL-~tD 2q}60 NW 15TIt PLACE VD DELRAY B£ACH FL 33~5 http://www. SUnbiz. or.Wscripts/cordet.exe?a 1 =DETFIL&n I=P03000118160&n2=NAMFWD... 2/2/2004 Division of Corporations Page 2 of 2 Annual Reports Report Year 1] Filed Date Previous Filing Return to List Next Filing No Events No Name History Information Document Images Listed below are the images available for this filing. Profit , [] THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www, sunbiz, org/scripts/cordet.exe?a I =DETFIL&n 1 =P03000118160&n2=NAMFWD... 2/2/2004 ,~sued EIN Page 1 of 1 Internal Revenue Service OEPI~RTI~Et~T OF TI~E TREFISUI~¥ ~ I I f Federal Tax ID / This is your provisional Employer Identification Number: 20-0322150 Today's Date is: October 22, 2003 GMT Y'ou will receive a confirmation letter in U.S. mail within fifteen days. The letter will also contain useful tax information for your business or organization. If you haVe input any of the information on your application in error, please wait seven days and contact the EIN Toll Free area at 1,800-829,4933, Monday - Friday, 7:30am - 5:30pm. If you do not want to call, please make corrections on the letter you receive confirming your EIN and return it to the IRS. You may click on the buttons below for different print oPtions or to fill out another Form SS:4. ' Click here to return to the internet Employer Identification Number landing (start) page., VI.-CONSENT AGENDA CITY OF BOYNTON BE/ lrTEH C.9. 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 Janumy 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)Il?ix..{-~----q [] Janua~ 20, 2004 JanuaryS, 2004(Noon) [] March 16,2004 March 1, 2004 (Noon) ~ t-~'*l [] Administrative [] Legal co--q NATURE OF [] Announcement [] New Business ar- aa~°: AGENDA ITEM [] City Manager's Report [] Presentation ~" .c'~.~?-'~ [] Consent Agenda [] Public Hearing mi[-~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside' the City Limits with Patricia A. Barrett for the property at 1102 James Road, Lantana, Florida (Lot 29, Hypoluxo Ridge). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by the City of Boynton Beach as part of a water main improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ~ALTERNATIV~S: Npoe. This parcel is within the Utilities service grga. A Department Head,~ Signature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLETINWORMSLttGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND PATRICIA A. BARRETT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our rater and sewer service area, for the property located at 1102 James Road, Lantana, Florida 29, Hypoluxo Ridge); and WHEREAS, the parcel covered by this agreement contains a single-family home, and located in the San Castle/Ridge Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent Water main improvements constructed by Palm Beach County as part of a improvement project; WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its urisdictional limits; and 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 Manager is hereby authorized and directed to execute a Water ¢ervice Agreement between the City of Boynton Beach, Florida and Patricia A. Barrett, Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2004. C1TY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CA~RESOXAgreements\Water ServiceXBarretl Water Service Agr.doc THIS INSTRUMENT PREPAREDBY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION pC7 IS AGREEMEBIT made onlhis day of ,200 , by and betweea! i-~i O,.. //~ ~Sd r~r~L. hereinafter called the "Customer", and the CITY OF BOYNTON'BEAC~H, a mtinicipal corporation of the State of Florida, hereinafter Called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS~ Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants exPr~sed herein, the City of B0Ynton Beach and'the Customer, his heirs, successors and assigns~ agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described hs follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the city herebY agree that there are ], lit2- Equivalent Residential Connections which City shall service. 3. The Customer agrees to. pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conform[ance with all codes, roles and regulations applicable to the installation and maintenance of water service lines upon the CU§tomer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiting the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work Performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended fi.om the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be' changed from time to time. 7. Any fights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a volUntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such!annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible Under any available means or method for annexation. CUstomer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the. City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant nmhing with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any.- prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees.to indemnify, defend and hOld harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) fi.om and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting fi.om the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty oftitle. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the part/es to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial fifie to the property which is the subject of this Agreement. ~~~io~IN WITNESS WHEREOF, the parties hereto have set their hands and seals this c~ ~ ~ayof ,200..~. WITNESS: INDIVIDUAL(S) AS OWNER(S): Wimess Signature Owner Signatm'e Printed Witness Name Printed Owner Name Printed Wifness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the; State aforesaid and in the .County aforesaid to take acknowledgments, personally appeared t~Tz£;c i ,,c ~. ~,~e~e ~y9/- tomeknowntobethe person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof o f identificatiOn: .~ h/z~/~' _Z'-S ~,~r/,~','t~,~' ~; /-, ~' r'ra.~,o/'~ z9 X> ') 8' e,-Y 9' WITNESS my hand and official seal in the County and State last aforesaid this ,~ ¥ ('2~day of (Notary Se .,~,u},g,,,,~ s~ ......... %~.~ ~tnn~ 1~, ~ Notary Public W1TNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City, Clerk 4 STATE OF FLORIDA ) ) SS-' COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally 'appeared ~ Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged. executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tree corporate seal affixed thereto is the tree corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ day of' ,200 . (Notary Seal) Notary Public Approved as to form: City Attorney THIS INSTRUMENT PREPARED BY: Suite 200 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF g//~ ~.,~, ~-'/~ make, constitute, and appoint THE cITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on' Grantee's behalf to aCCOmplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of .... , 20 ... and the powers and authority shall be irrevocable by Grante®' '.., IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of , in the year two thousand and Sealed and delivered in the presence of Witness Signature Owner Signature Printed Witness Name Printed. Owner Name Witness Sigr~tture ~ ' Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was ack,nowledged befo..[e me this .o~ ~' ~dday of /c~,~£~,/~,~ , 20~, by /~7[[z,'[/'.~- /5~- Z~_~,~/Y and ! , who are known to me or who have produced -:~ ,~',~'o/p _~5/~/ , as identification and who d-id/did nottake an oath. NOTARY PUBLIC Type or Print Name Commissibn\NO. .:,~'~;;,,. My Commission Expires: --; ~[,~ ~ ~ ~, a~ POA. IND ~~ ~ in. = 235.4 feet 702O 0010 5070 5180 5170 0010 7160 HYPi"JLIIX(] RD Io 08~0 0ooo 0490 0010 ~ 0020 OO4O OO3O o01o Location Map- Exhibit "A" . , l'aim ~3eacl~ tsounty Froperty Apprmser Froperty Search System Page 1 of 2 Gary R. Nlkoltts, CFA Palm Beach County Property Appraiser Public Access System - Property I nfo rmation Location Address: 1102 JAMES RD t, lap~.~ UunJcipalJty: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-03-000-0290 Subdivision: HYPOLU×O RIDGE IN Official Records Book: 13520 Page: 234 Sale Date: Feb-2002 Legal Description: HYPOLUXO RIDGE LT 29 - Owner Information Name: BARRETT PATRICIA A TR Mailing Address: 1618 SOUTH RD KINGSTON RI 02881 1754 - 2003 Certified Appraisal Improvement Value: $59,542 Number of Units: 1 Land Value: $15,360 * Total Sq. Ft: t384 Market Value: $74,902 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $1,464.57 ~ Non ad valorem: $192.00 Total: $1,656.57 -2003 Certified Assessed & Taxable Values Assessed Value: $74,902 Exemption amount: $0 (2003 Exemption) Taxable: $74,902 Exemption Information Unavailable. -Sales Information Sales Date Book Page Price Instrument Owner Feb-2002 13520 234 $10 QC BARRETT PATRIClA A TR Ju1-1995 08907 0856 $100 WD Dec-1980 03438 0142 $31,000 VVD Home !~ack ] I Search ] { Search Result I --- ~'~- ~ "~' P/ease send us )/our feedback http://www, co.palrn-beach.fl.us/papa/main/detail_info.asp?p_entity--O0434509030000290 2/24/2004 VI.-CONSENT AGENDA O CITY OF BOYNTON BEA£ ITEM C. ZO 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 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 approve and authorize the execution of a Resolution for Task Order #R04-10- 001 in the amount of $119,700 to Kimley-Horn and Associates, Inc. for schematic design phase services for Wilson Center, Pool and Park. ~XPLANATION: At January 6, 2003, City Commission Meeting, the Commission approved funding for replacement of Wilson Center, refurbishment of Wilson Pool, and improvements to Wilson Park. Wilson Center and Pool are more than forty years old. Both facilities are antiquated and do not adequately meet the needs of our community. The new center will become a focal point for the Heart of Boynton Redevelopment area. It will host several recreation activities, including summer camp and after school programs, opportunities for community gatherings and classes. The pool deck will be replaced, office and locker rooms will be upgraded, interactive play features will be added, and a beach (zero depth) type entry will be included as part of this project. The park improvements will complete the master plan of the center and pool by relocating and installing new playground equipment, picnic pavilion and access to Palmetto Greens Park Greenway/Bikeway. PROGRAM IMPACT: The task order was negotiated using the General Consulting and Engineering Services Contract (RFQ #065-2821-03/CJD), which was executed via a resolution at the November 18, 2003 City Commission Meeting. FISCAL IMPACT: The cost of Task Order #R04-10-001 is $119,700. Funds are available in account # 302-4113-580-31-30. ALTERNATIVES: Do not accept prql~osed .tpsk o~ler and seek alternative, ol~io~. Departffient Heads Signatur~ ~ - t, · ' City Manager's Signature / RECREATION & PARKS ~ Department Name City Attorney / Finance / Human Resources Wilfred Hawkins (w/o attachments) Jeff Livergood (w/o attachments) David Stump (w/o attachments) S:~BULLETIN~ORMSVkGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. R04-10-001 IN THE AMOUNT OF $119,700 TO KIMI.EY-HORN AND ASSOCIATES, INC, FOR SCHEMATIC DESIGN PHASE SERVICES FOR WILSON CENTER, POOL AND PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 6, 2004, the City Commission approved funding for of Wilson Center, refurbishment of Wilson Pool, and improvements to Wilson and WHEREAS, both facilities are more than 40 years old, and have become antiquated do not adequately meet the needs of our community; and WHEREAS, the new center will become a focal point for the Heart of Boynton opment area and will host several recreation activities, including summer camp and programs, opportunities for community gatherings and classes; and WHEREAS, the park improvements will complete the master plan of the center and by relocating and installing new playground equipment, picnic pavilion and access to Greens Park Greenway/Bikeway; and 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 authorize and direct the approval and execution of Task Order No. R04-10-001 in the - Change Orders~(Jmley Horn - Task Order R04-10-001 Wilson Center.doc of $119,700 to Kimley-Hom and Associates, Inc., for schematic design phase for Wilson Center, Pool and Park. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Change Orders~Kimley Hom- Task Order R04-10-001 Wilson Center. doc and Associates, Inc. February 13, 2004 · 443~ Embarcadero Drive West Palm Beach, Florida 33407 Mr. Wally Majors Recreation & Parks Director City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 Re: Proposal for Schematic Design Phase Services for the Wilson Center, Pool and Park Complex ?A.gK ORDER ~R04-10--001 Dear Mr. Majors: Kimley-Hom and Associates, Inc. (Consultant) is pleased to submit this proposal to the City of Boynton Beach (City) for consulting engineering services for improvement of the Wilson Center and Pool Complex. This proposal addresses scope and fees for professional services associated with this project. PROJECT UNDERSTANDING Our understanding is that the City would like to design and construct a new community center and upgrade the existing pool facility to better serve the neighboring community and utilize the Wilson Center complex as a cornerstone for the proposed CRA improvements and the Heart of Boynton improvements. Based on our meetings, there are five distinct elements for the proposed Wilson Center, Pool and Park Complex facility: (A) a community recreation center (B) an updated aquatic facility (C) a covered basketball pavilion (D) a playground area with a tot lot, and (E) an open multi-purpose grassed play field. All of these elements need to be properly sited and arranged to allow for independent use, with adequate access, parking, lighting and visibility. · TEL 561 845 0665 FAX 561 863 8'175 Kimley-Horn and Associates, Inc. M,. Wally Majors, February 13, 2004, Page 2 Proposal for Wilson Center, Pool and Park Complex The Heart of Boynton schematic design and Wilson Pool Facility repons provided to us were used as the guidelines for developing the scope outlined below. SCOPE OF SERVICES TASK 1 - DATA COMPILATION .... The purpose of this task is to compile the available existing data and acquire the necessary additional data to refine the master plan and design the proposed facility improvements. The data components include survey, geotechnical investigations, existing permit review, and record research. A. Existing Records The Consultant will review copies of available records and standards provided by the City, including: · Existing PBC School District agreements with SFWMD and City · Wilson Center and Pool building plans. · Palmetto Greens linear park master plan. · Existing easements and boundary survey. Any available information regarding existing irrigation and lighting. · Available records for the properties to be acquired for the proposed park complex expansion. · Development Review Standards · City Irrigation Guidance Documents The Consultant will also obtain copies of other available records, including: · Existing permits/agreements with SFWMD · Underground utilities records and existing location information B. Coordination of Additional Data Requirements After review of the available records, the Consultant will then conduct a preliminary site visit with the architect, surveyor, geotechnical engineer and other subconsultants to determine the additional data needs for this project. The following additional data requirements are anticipated: · Survey: The surveyor will conduct field data collection and survey to obtain pertinent horizontal and vertical information within the project area. Kimley-Horn and Associates, Inc. Mr. Wally Majors, February 13, 2004, Page 3 Proposal for Wilson Center, Pool and Park Complex The specific purpose topographic survey activities include: a. Review existing utility and property records provided by the City. b. Obtain topographic (50' grid) elevations, plus grade breaks. c. Locate and define limits of above ground features (such as curbs, roads, retention areas, fences, manholes, storm inlets) and readily identifiable utilities. d. Perform tree survey to include location, trunk diameter 3' above ground, and canopy drip line. e. Locate underground utilities from utility markings by others. · Geotechnical Coordination: The Consultant will assist the City in outlining the scope of the geotechnical investigation requirements. The City will obtain the necessary geotechnical information for this project. It is anticipated that the City's Geotechnical Engineer will conduct field geotechnical explorations, including soil borings and soil analyses, to provide recommendations and establish design criteria for the following: a. Prepare a foundation recommendation report for the various buildings and facilities b. Determine percolation rates for the multi-purpose space and site drainage. c. Determine foundation preparation requirements for field lighting. d. Identify compaction requirements for roads and paved areas. C. Deliverables_for Task 1 After completion of this Task, the Consultant will provide three (3) copies of the following deliverables to the City: 1) Site plan showing existing record information 2) Summary list of all available records reviewed 3) Topographic and Tree Survey Plans TASK 2 - SCHEMA TIC DESIGN The purpose of this task is to update the concept design plans prepared by others. This update will be based on the information obtained in the data collection task. A comparison of the compiled field data versus the existing records will be performed to resolve conflicts and reach consensus on updating the master plan. Specific services to be provided under this Task will include: A. Master Plan Workshops The Consultant will set up and conduct up to four two-hour workshops with the designated City staff. The purpose of these workshops will be to review the details of the existing master plan and determine what modifications, if any, are desired, necessary or practical. ~j~~ Kimley-Horn and Associates, Inc. ~. W~y ~,jo~, ]~e~ ]~, 20o4, ~a~e 4 Proposal for Wilson Center, Pool and Park Complex Issues to consider at the workshops will include: · Resolving conflicts between concept plans and existing information from the data collection task. · Identifying issues during implementation and how they affect construction activities and budgets. Reviewing options for the various facilities and classifying them into desired vs. required improvements. · Investigating improvements and restrictions related to parking, access, orientation, footprint, and location of proposed improvements. · Minimizing community disruption while maximizing use of available space. · Formalizing the layout of the proposed facilities, including the floor plans and exterior elevations of the recreation center and pool building improvements. B. Master Plan Update The Consultant will prepare an updated master plan to reflect the input from the workshops. The plan will show the overall proposed site plan and its corresponding updated probable construction cost. The plan will include horizontal control, facility orientation and major features. Upon completion of the master plan update, the Consultant shall prepare exhibits and participate in a presentation to the Commission. The purpose of the presentation will be to review the proposed layout and to outline the estimated costs of the desired elements, including fees and contingencies, as well as potential options, such as the addition of a concession stand or stand alone restroom facility near the playground area. Deliverables for Task 2 After completion of this Task, the Consultant will provide three (3) copies of the following deliverables to the City: 1) Updated master site plan 2) Updated opinion of probable construction cost, including design fees and contingencies and schedule 3) Schematic floor plans and elevations of the recreation center to include: a. First floor plan layout b. Second floor plan layout c. Building thru section d. Exterior Building elevations e. Life safety plan 4) Schematic aquatic facility plans (based on MPA Study dated Feb. 11, 2003): a. Site plan of aquatic area showing pools and new deck layout b. Layout design of interactive play pool and play structure c. Proposed revised floor plan of restroortdlocker building Kimley-Horn Mr. Wally Majors, February 13, 2004, Page 5 and Associates, Inc. Proposal for Wilson Center, Pool and Park Complex 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 Kimley-Horn and Associates, Inc. as adopted by Resolution Number R03-182. INFORMATION AND SERVICES PROVIDED BY CITY The following information and services shall be the responsibility of the City: · The City shall provide the Consultant, in a timely manner, record data and information related to the Project as necessary for the performance of services specified herein. · The City shall review all drawings and other documents presented by Consultant and render decisions pertaining thereto within reasonable time so as not to delay the services of Consultant. · The City will designate representative(s) to serve as point(s) of communication with the Consultant. · The City will conduct any necessary hazardous material (asbestos) surveys associated with the existing buildings. · The City will acquire all right-of-way, easements and lands needed for the project The City will provide access to the site, as needed, for the Consultant's performance of these services. LIST OF SERVICES NOT INCLUDED The following services are not included in this Agreement: Off-site improvements · Linear Park Design (extension of Palmetto Greens Master plan) · Geotechnical services · Testing services Mr. Wally Majors, February 13, 2004, Page 6 and Associates, Inc. Wo~Z for Wilson Center, Pool and Park Complex SCHEDULE The anticipated schedule for the Tasks outlined above is as follows: TASK DESCRIPTION ANTICIPATED SCHEDULE DURATION TASK 1 - DATA COMPILATION Review of Existing Records/Coordination with subconsultants ................... 2 weeks Coordination of Additional Data Requirements ........................................... 2 weeks Survey ......................................................................................... 4-6 weeks Production of Deliverables for Task 1 ......................................................... 2 weeks TASK 2 - SCHEMATIC DESIGN Master plan Update Workshops (4) .................................................. 2 weeks (each) Production of Deliverables for Task 2 .......................................................... 4weeks City and Review ........................................................................................... 2 weeks Presentation to Commission ........................................................ To Be Determined ADDITIONAL SERVICES We are available to provide, as requested and authorized by you, additional services that require analyses or design beyond those described and included above. Any services not specifically provided for in the above scope, as well as any changes in the scope you request, will be considered additional services and will be performed at our then current hourly rotes as we agree prior to their performance. Additional services we can provide in furore design tasks include, but are not limited to, the following: · Permitting assistance · Additional Meetings beyond those itemized in the scope · Additional survey services such as: o Title searches o Boundary surveys o Location of off-site utilities and structures · Traffic Planning, Signal Design and Analysis · Environmental engineering · Design of off-site improvements · Engineering Design of proposed park improvements · Bid and Constmcti°n Phase Assistance Services Mr. Wally Majors, February 13, 2004, Page 7 and Associates, Inc. Proposal for Wilson Center, Pool and Park Complex COMPENSATION A summary of proposed not-to-exceed budgets for each of the tasks described above is included in the table below. The fee for future design, bid and construction phase tasks will be included in the estimated cost summary provided as part of the deliverables for Task 2. We therefore request that the City approve compensation for Tasks 1 and 2 as shown below. BUDGET / COMPENSATION TABLE FACILITY Task 1 Task 2 Data Collection $21,700 Site Improvements - Utilities - Drainage $31,800 - Grading - Parking Recreation Center $37,000 Aquatic Facility $26,000 Covered Basketball $3,200 TOTAL BY TASK $21,700 $98,000 Mr. Wally Majors, February 13, 2004, Page 8 and Associates, Inc. Proposal for Wilson Center, Pool and Park Complex CLOSURE If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute a Task Order referencing this proposal. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact Angelina Fairchild at (561) 840-0249 or Michael Spruce at (561) 840-0852 if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: David R Bardt, P.E. Ang~ma G. Fairchild, P.E. Vice President Vice President H:\GenerahSpruce~vlarketing\Wilson Parl6Wilson Center Pool and Park Proposal (SCHEMATIC DESIGN).doc VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM C.11 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 Meetin~ 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 approve and authorize the execution of a Resolution for Task Order #R04-05-05 in the amount of $13,900 to CH2M Hill, Inc. for architectural and engineering services for design and construction administration for Boat Club Park Building Restrooms Improvements. EXPLANATION: This project was approved by Commission at the January 6, 2003, meeting. Several local groups use the Boat Club Park Building, including the Coast Guard Auxiliary, Boy Scouts and the Boynton Beach Fishing Club. It also hosts art classes, preschool programs, miscellaneous rentals and the United Cerebral Palsy (UCP) summer camp. However, the building is more than fifty years old. The restrooms are antiquated, and need complete refurbishing. As part of this project, they will be completely reconstructed so that they comply with A. D. A. standards. This will include the water closets, cabinetry, lavatories, and trim. PROGRAM IMPACT: The task order was negotiated using the General Consulting and Engineering Services Contract (RFQ #065-2821-03/CJD), which was executed via a resolution at the November 18, 2003 City Commission Meeting. FISCAL IMPACT: The cost of Task Order #R04-5-05 is $13,900. Funds are available in account #302-4108- 580-62-01. ALTERNATIVES: Do not accept l/~?p, ose.d task/prder and seek alternative, o~tion~ss. /- " ' gep~s Si~atur/eg ' ~~''/j City 1V~anager's Signature RECREATION & PARKS ~ Department Name City Attorney / Finance / Human Resources C: Wilfred Hawkins (w/o attachments) Jeff Livergood (w/o attachments) David Stump (w/o attachments) S:~BULLETIN~ORMS~kGENDA ITEM REQUEST FORM.DOC I RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. R04-05-05, FOR ARCHITECTURAL AND 6 ENGINEERING SERVICES FOR DESIGN AND 7 CONSTRUCTION ADMINSTRATION OF BOAT CLUB 8 PARK BUILDING RESTROOM IMPROVMENTS, IN THE 9 AMOUNT OF $13,900, TO CH2M HILL; AND PROVIDING 10 AN EFFECTIVE DATE. 12 WHEREAS, this .project was approved as part of the fiscal year 2003-2004 Capital 13 get; and 14 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 15 and in the best interests of the public to approve Task Order No. R04-5-05 with 16 for Architectural and Engineering services for the design and construction 17 for Boat Club Park in the amount of $13,900. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Thc foregoing "Whereas" clauses are hereby ratified and confirmed as 21 tree 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 direct the approval and execution of Task Order No. R04-5-05 with 25 for architectural and engineering services in the amount of$13,900. 26 Section 3. This Resolution shall become effective immediately upon passage. 27 28 - Change Orders~CH2M Hill UO4-5-O5.doc 2 PASSED AND ADOPTED this __ day of March, 2004. 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 16 17 Commissioner 18 19 20 Commissioner 22 IT: 23 24 25 City Clerk 26 S:~.A~RESO~Agreements\lask - Change Orders\CH2M Hill U04-5-05.doc ~, CH2M HILL One Harvard Circle West Palm Beach, FL 33409-1923 Tel 561.515.6500 CHIM HILL Fax 561.515.6502 Task Order No. 04-05-05 Reference No. RFP No. 065-2821-031CJD Architectural and Engineering Services for Design and Construction Administration for Boynton Beach Boat Club Park, Coast Guard Auxiliary Building Restroom Improvements A. Project Description: The City of Boynton Beach has funded and approved Improvements to the Boynton Beach Boat Club Park, Coast Guard Auxiliary Building Restroom to upgrade them to ADA Compliance. B. Scope of Services At the request of the City, CH2M HILL is to provide Architectural and Engineering pre-design, construction documents, bidding assistance and construction administration services for the Boat Club Park, Coast Guard Auxiliary Building Restroom. Task 1 - Pre-Design Services A. Geotechnical Services (Provided by City) $ 0 B. Site Survey $ 0 C. Programming: C.1. Based on interviews with appropriate City and Staff, prepare a building space program indicating required assigned and support spaces for the building. $ 500 C.2 Concept drawings and meetings. Provide concept site plan and building sketches; and prepare for and attend one (1) review meeting with City. $ 500 Expenses: Programming submission to include six (6) sets of Program Requirements, black line concept Site Plan and Building Sketches and Conceptual S.F. Cost Estimate $ 200 TOTAL TASK 1 LUMP SUM $1,200 DDAVIS/PROPOSAL/BOYNTON BCH BOAT CLUB PARK, COAST GUARD AUXILIARY BDG_2-11-04 Task 2-TRC Submittal (NIC) $ 0 Task 3 - Construction Documents Based on an approved design development, final drawings, specifications, cost estimate, interior room finish material selection and equipment schedule will be prepared. All architectural and engineering systems in Attachment A will be finalized and submitted to building department and engineering. Up to two meetings with City Staff will be held to review, and finalize the construction documents. $ 5,000 Expenses: Three permit sets of construction documents and signed and sealed will be submitted. $ 200 TOTAL TASK 3 LUMP SUM $ 5,200 Task 4- 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 4: Prepare and Distribute Design Documents to Project Manager, Procurement Depax-tment 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 List - CH2M HILLwill 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 be determined). CH2M HILL will maintain a list of all plan holders that have purchased plans through the West Palm 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 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. DDAVlS/PROPOSALABOYNTON BCH BOAT CLUB pARK SOW_2-11-04.DOC 2 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. TOTAL TASK 4 LUMP SUM $ 2,000 Task 5 - Construction Administration The City requested we provide full construction administration for the duration of the construction. It is understood that the fees presented in this proposal Attachment A are estimates and are not guaranteed and are dependent upon City involvement 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. · Attend weekly construction project meetings. · Assist the City with the evaluation of request for payment by the Contractor. · Assist in the technical interpretations of the contract documents, and the evaluation of requested deviations from the approved design or specifications. · Evaluate any required design changes, and if requested, assist the City in preparing the required design changes and drawings. · Assist in negotiating the scope and cost of necessary change orders. · Perform a substantial completion 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. · Perform a final inspection. TOTAL TASK 5 LUMP SUM $ 4,000 Task 6 - Post Construction Services Provide record CADD drawings (electronic file) based upon contractor's marked up Changes and provide one (1) year warranty walk thru. TOTAL TASKS 6 LUMP SUM $ 800 C. Assumptions · No TRC Submittal. · No Structural Analysis Included. · No off site work included. · Three month construction. · No Up Grade to the existing building included. DDAVIS/PROPOSAI. N~YNTON BCH BOAT CLUB PARK SOW_2-11-O4.DOC 3 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 2003, between the City of Boynton Beach and CH2M HILL, Inc. fi. Compensation Compensation by the CITY to the CONSULTANT for this Task Order will be on a Lump Sum basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order is $13,900 as shown in Table 1. TABLE 1 Senior Center Phase III Labor Labor Cost Expense Cost Total Hours Task 1 - Pre-Design Services $1,000 $200 $1,200 Task 2 - TRC Submittal (NIC) 0 0 0 Task 3 - Construction $5,000 $200 $5,200 Documents Task 4 - Bid Phase $2,000 $400 $2,400 Task 5 - Construction $4,000 $200 $4,200 Administration Task 6 - Post Construction $800 $100 $900 Services $12,800 $1,100 $13,900 TOTAL F. Schedule The CONSULTANT will commence Professional Services upon receipt of written authorization and will complete the work according to the table below. Task 1 - 3 - Design Modifications DaYs For Design after Notice to Proceed Task 4 - Bid Phase Services 45 Days Bidding and 30 Days for Award Task 5 - Construction Administration 3 Months construction A tentative schedule will be developed within tasks / services once a Notice To Proceed for Design has been issued and City review commission and procurement dates have been established. DDAVIS/PROPOSALABOYNTON BCH BOAT CLUB PARK SOW._2-11-O4.DOC 4 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this __ day of ,2004. SUBMITTED BY: CH2M HILL, INC. By: Alan Bollinger Project Delivery Director Dated this __ day of ,2004 DDAVIS~ROPOSAI./~OYNTON BCH BOAT CLUB PARK SOW_2-11-O4.DOC 5 ATTACHMENT A Boynton Beach Boat Club Park, Coast Guard Auxihary Building Restroom Boynton Beach Project No Scope of Services/Estimated Drawings (Schematic Design through ConstrUction Documents) Discipline Est. # of Sheets Sheet Title T-1 Title, Index, Location Map Site Survey Civil Landscape/Irrigation Architecture A-I.1 Site Plans & Details A-2.1 Floor Plan & Schedule A-2.2 Interior Elevations & Equipment A-3.1 Exterior Elevations & Sections Structural S-2.1 Foundation, and Floor Framing Plan S-3.2 Sections & Detail Mechanical M2.1 HVAC Floor Plan & Details Plumbing P2.1 Plumbing Floor Plan & Details Fire Protection Electrical E2.1 Lighting Plan, Power Plan & Details DDAVIS/PRC)POSALABOYNTON BCH BOAT CLUB PARK SOW_2-11-O4.DOC 6 · VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C. 12 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 RECOMME~ATION: Motion to approve and authorize the execution of a Resolution for Task Order #R04- 5-04 in the amount of $81,366 to CH2M Hill, Inc. for architectural and engineering services for design and construction administration for Senior Center Phase III. EXPLANATION: At the January 6, 2003, City Commission Meeting, the Commission approved funding for Phase III of the Senior Center in the amount of $650,000. This project will include the addition of a catering kitchen, meeting room, arts & crafts/gardening room, new roof, lobby on the north side of the building, and handicap accessible bathrooms. PROGRAM IMPACT: The task order was negotiated using the General Consulting and Engineering Services Contract (RFQ #065-2821-03/CJD), which was executed via a resolution at the November 18, 2003 City Commission Meeting. FISCAL IMPACT: The cost of Task Order #R04-05-04 is $81,366. Funds are available in account #302~4111- 580-62-01. ALTERNATIVES: Do not accept proposed task order and seek alternative options. City Manager's Signature RECREATION & PARKS ,_,~0~,~,~ Department Name City Attorney / Finance / Human Resources C: Wilfred Hawkins (w/o attachments) Jeff Livergood (w/o atlachments) David Stump (w/o attachments) S:~BULLETINWORMSLStGENDA ITEM REQUEST FORM.DOC I RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. R04-5~04, FOR ARCHITECTURAL AND 6 ENGINEERING SERVICES FOR DESIGN AND 7 CONSTRUCTION ADMINSTRATION OF THE SENIOR 8 CENTER PHASE 1II, IN THE AMOUNT OF $81,366, TO 9 CH2M HILL; AND PROVIDING AN EFFECTIVE DATE. 10 12 WHEREAS, on January 6, 2004, the City Commission approved funding for Phase 13 [] of the Senior Center, and; 14 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 15 ~ppropriate and in the best interests of the public to approve Task Order No. R04-5-05 with 16 CH2MHILL for Architectural and Engineering services for the design and construction 17 ~dministration of the Senior Center Phase m, in the amount of $81,366. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being tree and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 hereby authorize and direct the approval and execution of Task Order No. R04-5-04 with 25 .'H2MHILL for architectural and engineering services in the amount of $81,366. 26 Section 3. This Resolution shall become effective immediately upon passage. 27 28 k\CA~RESO~Agreements\Task - Change Orders\CH2M Hill U04-5-04.doc 2 PASSED AND ADOPTED this __ day of March, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 14 Commissioner 17 Commissioner 20 Commissioner 22 IT: 23 24 25 Clerk 26 - Change Orders\CH2M Hill UO4-5~4.doc CH2M HILL One Ha~vard Circle West Palm Beach, FL 33409-1923 Tel 561.515.6500 CH2MHILL r.x 56,.5,5.6~o2 Task Order No. 04-05-04 Reference No. RFP No. 065.2821-031CJD Architectural and Engineering Services for Design and Construction Administration for Boynton Beach Senior Center Phase III- Renovation and Addition A. Project Description: The City of Boynton Beach has funded and approved Phase III Improvements to the Boynton Beach Senior Center Phase III - Renovation and Addition B. Scope of Services At the request of the City, CH2M HILL is to provide Architectural and Engineering pre-design, Minor Technical Review Committee (TRC) submittal, construction documents, bidding assistance and construction administration services for the Phase III Senior Center Renovation and Addition. Task I - Pre-Design Services A. Geotechnical Services (Provided by City) $ 0 B. Site Survey C. Programming: C.1. Based on interviews with appropriate City and Senior Center Staff, prepare a building space program indicating required assigned and support spaces for the building. $ 1,000 C.2 Concept drawings and meetings. Provide concept site plan and building sketches; and prepare for and attend one (1) review meeting with City. $ 2,000 Expenses: Programming submission to include six (6) sets of Program Requirements, black line concept Site Plan and Building Sketches and Conceptual S.F. Cost Estimate $ 700 TOTAL TASK 1 LUMP SUM $ 3,700 DDAVIS10/PROPOSAIJBOYNTON BCH SR CTR SOW_1-23-04 Task 2-Minor TRC Submittal Based on approved pre-design services provide further developed floor plan, exterior elevation drawings col°r elevation and preliminary construction cost estimates. One meeting with City personnel will be held to review the Minor TRC Submittal. $ 5,500 Colored Elevations $ 1,500 TOTAL TASK 2 LUMP SUM $ 7,000 Task 3 - Construction Documents Based on an approved design development, and Minor TRC submittal, final drawings, specifications, cost estimate, interior room finish material selection and equipment schedule will be prepared. All architectural and engineering systems in Attachment B will be finoli×ed and submitted to building department and engineering. Up to three meetings with City Staff will be held to review, and finalize the construction documents. $ 19,500 Expenses: Four permit sets of construction documents and one set of engineering documents, signed and sealed will be submitted. $ 600 TOTAL TASK 3 LUMP SUM $ 20,100 Task 4 - 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 4: 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 Mair~tain Plan Holders Li.~t- 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 be determined). CH2M HILL will maintain a list of all plan holders that have purchased plans through the West Palm Beach, Florida, office. This information will sent to the City's procurement office on a weekly basis. DDAVIS 10/PROPOSAL~OYNTON BCH SR. CFR SOW_1-23-O4.DOC 2 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 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. TOTAL TASK 4 LUMP SUM $ 5,200 Task 5 - Construction Administration The City requested we provide full construction administration for the duration of the construction. It is understood that the fees presented in this proposal Attachment A are estimates and are not guaranteed and are dependent upon City involvement 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. · Attend weekly construction project meetings. · Assist the City with the evaluation of request for payment by the Contractor. · Assist in the technical interpretations of the contract documents, and the evaluation of requested deviations from the approved design or specifications. · Evaluate any required design changes, and if requested, assist the City in preparing the required design changes and drawings. · Assist in negotiating the scope and cost of necessary change orders. · Perform a substantial completion inspection of the project areas and assist in the preparation of a final "punch list" for project dose-out. · Assist the City with the evaluation of requests for payment by the Contractor. · Perform a final inspection. DDAVISIO/PROPOSAL~YNTON BCH SR. CTR SOW_1-23.-O4. DOC 3 · Perform a one (1) year walk-thru. TOTAL TASK 5 LUMP SUM $40,396 Task 6 - Post Construction Services Provide record CADD drawings (electronic file) based upon contractor's marked up Changes and provide one (1) year warranty walk thru. TOTAL TASKS 6 LUMP SUM $ 4,970 C. Assumptions · City will provide Geotechnical Services. · No Traffic Study included. · No off site work included. · No data, telephone, cable TV, fiber optics and security design included (conduit and pull strings to communication room included). · Six month construction. O. Contract Reference This Task Order shall be performed under the terms and conditions descn~bed within 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 this Task Order will be on a Lump Sum basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order is $104,221 as shown in Table 1. DDAVlS10/PROPOSAL~OYNTON BCH SR. CFR SOW_1-23-O4.DOC 4 TABLE 1 Senior Center Phase III Labor Cost Expense Cost Total Task 1 - Pre-Design Services $3,700 $3,700 Task 2 - Minor TRC Submittal $5,500 $1,500 $7,000 Task 3 - Construction $19,500 $600 $20,100 Documents Task 4 - Bid Phase $4,000 $1,200 $5,200 Task 5 - Construction $37,396 $3,000 $40,396 Administration Task 6 - Post Construction $4,670 $300 $4,970 Services $71,066 $10,300 $81,366 TOTAL F. Schedule The CONSULTANT will commence Professional Services upon receipt of written authorization and will complete the work according to the table below. Task 1 - 3 - Design Modifications 90 Days for Design after Notice to Proceed an-d 90 Days for TRC/P&Z approvals. Task 4 - Bid Phase Services 30 Days Bidding and 30 Days for Award Task 5 - Construction Administration 6 Months construction A tentative schedule will be developed within tasks / services once a Notice To Proceed for Design Has been issued and review of TRC, P&Z, commission and procurement dates have been established. DDAVIS10/PROPOSAL~OYNTON BCH SI:L CTR SOW_1-23-O4.DOC 5 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By:. Kurt Bressner, City Manager Dated this __ day of ,2004. SUBMITTED BY: CH2M HILL, INC. By: Allan Bollinger Project Delivery Director Dated this __ day of ,2004 DDAVIS10/PROPOSAL~3YNTON BCH SR. CFR SOW_l-23-O4.DOC 6 ATTACHMENT A BOYNTON BEACH SENIOR CENTER - PHASE III TASK 5: CONSTRUCTION PHASE SERVICES Construction Phase (Basic Services Based on 24 week/76month construction period). Schedule A Construction Phase Services include the following: Hours Rates Total · Prepare for and Attend Pre-Construction Meeting 4 P.M. $122 $488 · Office administration (correspondence, RFI's, change orders, Shop drawing review, proposal requests, and review of Monthly pay applications, phone, fax, etc.) Architect/Engineer (Ave. 4 hrs/wk) 96 Prof $95 $ 9,120 Shop Drawing Review: Architectural 32 Mechanical 16 Plumbing/Fire Protection 16 Electrical 24 Structural 20 108 Prof $ 95 $10,260 $19,380 · Weekly Meetings: Equivalent of (1) 4 hour visit week - to include travel and prepare and distribute Meeting Minutes and Monthly Pay Application 96 Sr. Prof. $95 $9,120 · Miscellaneous Engineering Site Visits: To indude, Mechanical, Structural, Plumbing and Electrical Engineer to attend Progres~ Meeting 32 Sr. Prof $95 $3,040 (4 Engineers @ 8 Hfs each) DDAVIS10/PROPOSAL~OYNTON BCH SR. CTR SOW_1-23-04.DOC 7 · Substantial Completion & Punch List Architect/PM 12 P.M. $122 $ 1,464 Mechanical 8 Sr.Prof. $ 95 $ 760 Electrical 8 Sr. Prof. $ 95 $ 760 Clerical 4 $ 54 $ 216 32 $ 3,200 · Final Completion/Close Out Architect/PM 16 P.M. $122 $ 1,952 Clerical 4 $ 54 $ 216 20 $ 2,168 · Expenses: $ 3,000 TOTAL 588 $40,396 DDAVIS10/PROPOSAL~OYNTON BCH SR. CTR SOW_1-23-.O4. DOC 8 ATTACHMENT B Boynton Beach Senior Center - Phase III Boynton Beach Senior Center Project No. Scope of Services/Estimated Drawings (Schematic Design through Construction Documents) Discipline Est. # of Sheets Sheet Title T-1 Title, Index, Location Map T-2 Code Information, Abbreviations S Symbols Site Survey SS Site Survey Civil 0 Landscape/Irrigation 0 Architecture A-I.1 Site Details A-2.1 Floor Plan A-2.2 Casework & Interior Elevations A-2.3 Equipment Plan A-2.4 Reflected Ceiling Plan A-2.5 Wall Types Plan / Room Finish Schedule A-3.1 Exterior Elevations A-4.1 Roof Plan / Details A-5.1 Building & Building Structures A-7.1 Door & Window Schedules/Details Structural S-I.1 General Structttral Notes S-2.1 Foundation, and Floor Framing Plan S-2.2 Attic, Roof Framing Plans S-3.1 Typical Details & Schedules S-3.2 Sections & Details Mechanical MI.1 Mechanical Legend M2.1. HVAC Floor Plan M3.1 HVAC Details M3.2 Mechanical Sections & Details M3.3 HVAC Controls DDAVISIO/PROPOSALYSOYNTOH BCH SR. CTR SOW_1-23-O4.DOC 9 Discipline Est. # of Sheets Sheet Title Plumbing Pl.1 Plumbing Legend & Abbreviations P2.1 Plumbing Floor Plan P3.1 Plumbing Stack Diagram P4.1 Plumbing Details Fire Protection FP.1 Site Plan Fire Protection FP.1 Floor Plan Fire Protection FP.2 Roof Plan Fire Protection Electrical El.1 Legend & Abbreviations El.?. Electrical Site Plan E2.1 Lighting Plan E3.1 Power Plan E4.1 Commtmications Plan E5.1 Risers & Room Enlargement E6.1 One Line Diagram E7.1 Electrical Details / Schedule DDAVISIO/PROPOSAL'~oyNToN BCH SR. C'rR SOW_1-23-O4.DOC 10 VI.-CONSENT AGENDA ITEM C.13 CITY OF BOYNTON ! AC AGENDA ITEM REQUEST FOgM Requested City Comm~ion Date Final Form Must be Turned Requested City C~:~i~;~ion Date Final Form Must be Turned in Meeting Dates in to City Clerk's Office Meeting Dales to City Clerk's Off]ce [] December 2, 2003 November 17, 2003 (Noo~) [] Felnum"y 3, 2004 January 20, 2004 (Noon) [] Deccnnber 16,2003 December 1,2003(Noon) [] Febnmry 17,2004 Fetnuaty 2, 2004 (Noon) [] January6,2004 December 15,2003(Noon) [] March 2, 2004 Febnmry 17,2004(Noon) [] January20,2004 JanuaryS, 2004(Noon) [] March l6, 2004 Marchl, 2004(Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing .. [] Code compli~ncedLegal Settlements [] Unfinished Business co mc'~ RECOMMENDATION: Motion to adopt the attached resolution authorizing the City Manager to submit an application for a Public Library Construction Grant. EXPLANATION: The Dept. of State, Division of Library and Information Services, provides state funds (current maximum is $500,~) to governments for construction of public libraries. Funds arc awarded on a dollar for dollar match of the grant amount to selected governments after evaluation of applications postmarked on or beforc April 1. This resolution contains the following elements required in order to apply for the grant: a) authorization to submit application; b) assurance that the required match ($500,000) will be available and unencumhercd at the time of the grant award (which will be July 2005); c) assurance that additional funding will be available in order to complete the project within a reasonable time; d) assurance that upon completion, sufficient funds will be available to operate the library; e) assurance that the building will be used exclusively for public library purposes for 20 years; f) assurance that the city has legal title to and unconditional use of the property; g) assurance that the city will competitively award construction contracts. PROGRAM IMPACT: The current library is maxed out in space and needs expansion in order to continue to meet the growing library service needs of our community. A $500,000 Public Library Construction Grant was awarded in July 2002 with the rcquircmeut that a construction contract be execoted by December 23, 2003. The city failed to meet that deadline and the Grant funds defaulted back to the State. The City Commission at its January 6, 2004 meeting agreed to move forward with the library expansion and to seek another Grant in this cycle. The Grant rules now allow for a construction project to be initiated 12 months or less prior to the grant award so the city may go out for bid on or after July 1, 2004 while the grant application is still moving through the State approval process~ The Library Board, at its February meeting, recommended that the Commission approve the submittal of the grant application. FISCAL llVIPACT: At the January 20, 2004 meeting, the City Commi~n anthorized the funding sonree for the Library expansion. This Grant would provide additional resources ($500,000) to bring this project to completion. ALTERNATIVES: 1) l~o not apply and procee~t any time without the state funds or rcquircmeuts, S:'~O-LLETIN~ORMSL~_GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Departmem Hea/l's Signature City Manager' s Signature Library Department Name City Attorney / Finance / Human Resources SABULLETIN~ORMS~GE~A ITEM REQUEST FORM.DOC RESOLUTION NO. 04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR PUBLIC LIBRARY CONSTRUCTION GRANT FUNDS FOR DESIGN AND CONSTRUCTION OF THE RENOVATION AND EXPANSION OF THE BOYNTON BEACH CITY LIBRARY; ASSURING THAT THE CITY WILL PROVIDE A DOLLAR-FOR-DOLLAR MATCH OF THE GRANT AMOUNT RECEIVED; AGREEING THAT THE CITY WILL PROVDE REASONABLE NECESSARY FUNDING FOR COMPLETION AND FOR OPERATION OF THE LIBRARY FACILITY; ASSURING USE OF THE LIBRARY FACILITY EXCLUSIVELY FOR PUBLIC LIBRARY PURPOSES FOR A SPECIFIED PERIOD; PROVIDING FOR PROPOSED CHANGES IN THE USE OF THE LIBRARY FACILITY TO BE SUBMITTED TO THE FLORDA DIVISION OF LIBRARY AND INFORMATION SERVICES; ASSURING OWNERSHIP OF THE LIBRARY SITE; ASSURING COMPETITIVE AWARD OF CONSTRUCTION CONTRACT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach has approved the expansion and renovation of the Boynton Beach City Library as a project within the City's Capital Improvements Program; and WHEREAS, this project is eligible to receive matching grant funds up to $500,000 from the Public Library Construction Grants funded though state funds and the Federal Library Services and Construction Act (LSCA) administered by the State of Florida Division of Library and Information Services; and S:\CA\RESO~Library Building Reso2004.doc WHEREAS, the library grant application requires a Resolution from the City Commission as governing body of the City of Boynton Beach, assuring a local match of dollar-for-dollar of the grant amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section One: That the City Manager or his designee is hereby authorized to sign and submit the grant application for this project. Section Two: That the City of Boynton Beach assures a dollar-for-dollar match for the amount of the grant awarded, and that such funds will be available and unencumbered at the time of the grant award. Section Three: That the City of Boynton Beach agrees to provide such additional funding that may be reasonably necessary and sufficient to complete the city approved project which will result in a renovated and expanded library facility as approved by the city, and that reasonably sufficient funds shall be available upon completion of the project to operate such library facility. Section Four: That the City of Boynton Beach assures that such library facility will be used exclusively for the public library purposes for which constructed for a period of not less than twenty (20) years from date of the completion of the construction project, and that should any change in the use of such library facility occur within that time, such proposed change in use shall be submitted for approval to the Division of Library and Information Services. Section Five: That the City of Boynton Beach assures that it owns and has legal title to and unconditional use of the site and building. S:\CA\RESO\l_ibrary Building Reso2OO4.doc Section Six: That the City of Boynton Beach assures that it will competitively award construction contracts based on the submission of sealed bids, proposals submitted in response to a request for proposal, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiations; including contracts for construction management services. Section Six. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO~Library Building Reso2OO4.doc VI.-CONSENT AGENDA ITEM C.14 CITY OF BOYNTON BEA AGENDA ITEM REQUEST Fur 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 (Noo~ [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Nc~ [] January20,2004 JanuaryS, 2004(Noon) [] March l6, 2004 March l, 2004 (Noon) CO [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorize and approve the Scope of Services for the 2004-05 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to exceed $22,000 EXPLANATION: This letter dated February 18, 2004 from GSG represents a recap of the 2003 Fire Assessment program and a proposal to provide professional services for the 20004-05 fire assessment program. The City Commission conducts an annual review of the Fire Assessment program with specific authorization to proceed by a rate resolution. See attached GSG Appendix A detailing Scope of Services (Tasks Nos. 2 & 3 are recognized as incorrectly identifying the City as the responsible party, GSG is responsible for all 7 tasks listed in appendix). PROGRAM IMPACT: This work is anticipated and necessary to assist staff in preparing a recommendation to the City Commission for a 2004-05 Fire Assessment. The purpose of the analysis is to evaluate the necessary costs and prepare a recommendation to the City Commission for July 2004. The City Commission makes the policy decision as to the Fire Assessment Rate. FISCAL IMPACT: Funds for this work are included in the City Budget. Please note the proposal from GSG does not include the cost of preparing and mailing legal notices to property owners. This is also included in the Budget. Also attached is a copy of GSG's staff hourly fee schedule, these fees may be charged for additional services as requested by the City ALTERNATIVES: Staff to prepare documentation for the Fire Assessment program. Not recommended. ~approve the authorization to prepare an ana~mmended. artment Head's Signature ' City Manager's Signature Department Name I City AttorngJ / Finance / Human Resources S:~BULLETINXFORMSLatGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING APPROVAL OF THE SCOPE OF SERVICES FOR THE 2004-05 FIRE ASSESSMENT WORK PLAN WITH GOVERNMENT SERVICES GROUP, INC., IN AN AMOUNT NOT TO EXCEED $22,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission conducts an annual review of the Fire Assessment with specific authorization to proceed by a rate resolution; and WHEREAS, the Scope of Services for the 2004-05 Fire Assessment Work Plan with Services Group, Inc. will assist City staff in preparing a recommendation for the Fire Assessment program to be presented to the City Commission in July 2004; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The City Commission of the City of Boynton Beach, Florida does authorize approval of the Scope of Services for the 2004-05 Fire Assessment Work with Government Services Group, Inc., in an amount not to exceed $22,000, a copy of is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner aTTEST: Commissioner Clerk ent Resos\Fire Assessment Scope of Services 2004.doc Dedicated to solving lunding and service delivery issues in the public sector 1500 Mahan Drive, Suite 250 · Tallahassee, FL 32308 · Phone (850) 681-3717 · Fax (850) 224-7206 · Email: gsg@g0vserv.com February18,2004 ~'[~(~~ l VIA U.S. MAIL FEB 2 3 2004 Mr. Kurt Bressner City Manager CITY MANAGER'S OFFICE City of Boynton Beach 100 E. Boynton Beach Bird. Boynton Beach, FL 33425-0310 Re: Fire Rescue Assessment Program: Annual Services Dear Kurt: The City of Boynton BeaCh '(City) haS-now completed its third year of the annual assessment program for fire rescue services it initiated irT. Fiscal Year 2001-02. Government Services Group,.,!nc. (GSG)and Nabors, Giblin & Nickerson, P.A. (NG&N) originally assisted the City ir~ succes.sfuily implementing this recurring revenue soum. e in its initial year and trangifiOningthe assessment program frOm a separate bill to the tax bill collection method. GSG assisted in maintaining the annual assessment roll for the City this past fiscal year (technical/administrative assistance), although the City was required to use the Truth-In-Millage (TRIM) notice to proVide notice to property owners of the proposed assessment. NG&N prepared all implementing legal documents (legal assistance) required by the City's home rule assessment ordinance and section 197.3632, Florida Statutes. As we discussed when the assessment program was-initiated and last year, the City. has several optior, s to maintain the fire rescue assessmen[ program oi-~ ai-, a,-:r, ual basis, as follows: (1) Maintain the fire rescue assessment program (both technical/administrative and legal functions) in-house; (2) Contract for annual maintenance services with an outside consultan[ (both · ' technical/administrative and legal functions) · (.)~ . . Conb-.'act for technmal/a~d~nm~strative functions with an outside consultant and ' . i maintain the:legal ffmctions !n!ho.U. se; (4) Contract fOr legal functiOns With' an outside consultant and maintain .the technical/administrative functions in-house. Mr. Kurt Bressner February 18, 2004 Page 2 We believe the City would benefit from the continuation of our services. Accordingly, I have enclosed a proposed scope of services, fees, deliverables and payment schedule to assist the City in the update of the fire rescue assessment program that addresses the second option (i.e., contract for annual maintenance services with an outside consultant - both technical/administrative and legal functions). We would appreciate your review of the attached scope of services. Upon your review, we would be happy to discuss the proposal and your determination regarding the City's intent. If you have any questions, please do not hesitate to contact Heather Encinosa of NG&N or me. We look forward to working with the City of Boynton Beach this upcoming fiscal year. Sincerely, Camille P. Tharpe /cpt Enclosures cc: Heather Encinosa APPENDIX A ANNUAL FIRE RESCUE ASSESSMENT PROGRAM SCOPE OF SERVICES APPENDIX A ANNUAL FIRE RESCUE ASSESSMENT PROGRAM SCOPE OF SERVICES GSG and NG&N will perform the following tasks necessary to update the City's existing non-ad valorem assessments to evaluate continued legal sufficiency: Task 1: Evaluate data related to fire rescue services. Re-evaluate, and revise if necessary, the City's existing legal documents, ad valorem tax roll information, fire call data, agreements, reports and other data pertaining to the provision of fire rescue services. Task 2: Determine full cost of fire Services. The City will identify the full cost of the fire rescue service delivery using the City's most current financial information and identify service delivery issues, which may affect the apportionment methodology. Identify the alternative sources of revenue to fund the service delivery costs and determine the net service delivery revenue requirements. Task 3: Determine total revenue requirements. The City will determine the total fire rescue assessment revenue requirements to ensure the City recovers the costs of: (a) net fire rescue service delivery revenue requirements, (b) implementing the program and (c) collecting the assessments. Task 4: Update the apportionment methodology. Using the ad valorem roll and existing assessment roll, updated fire rescue incident data and revenue requirements, revise the apportionment methodology and apply to the assessment roll database to test the data validity and legal sufficiency. Revise the apportionment methodology, as necessary. Task 5: Calculate proforma schedule of rates. Calculate proforma schedUle of rates based on the apportionment methodology and revenue requirements for the Fiscal Year 2004-05 assessment program. Task 6: Prepare legal documents. Draft all legal documents to conform to the service assessment ordinance to impose the updated fire rescue assessment to implement the City's policy decisions and proposed methodology. Task 7: Assist in implementation procedures. Advise and assist with the legal requirements for the adoption of the final assessment rate resolution and certification of the assessment roll in accordance with section 197.3632, Florida Statutes including: a) development of assessment roll to be used in the TRIM notification or first class notice process, b) publication of the public hearing, and c) the certification of the assessment roll to the Palm Beach County Tax Collector. A-1 Fee and Costs The lump sum fee for the proposed scope of services is $22,000. The lump sum fee will be due and payable on a quarterly basis (assuming notice to proceed occurs by March 15, 2004) as follows: Payment Schedule 25% of lump sum fee April 2004 25% of lump sum fee June 2004 25% of lump sum fee August 2004 25% of lump sum fee October 2004 The lump sum fee includes expenses related to actual costs associated with photocopies, long distance telephone charges, and overnight delivery services. The annual lump sum fee for professional services does not include any on-site visits by representatives of GSG and NG&N. Any on-site meetings (together with any actual costs associated therewith) may be arranged at our standard houdy rates. Special Note: The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices, which will depend on the number of assessable parcels of property within the City. Mailing and production costs average approximately $1.25 per parcel, with that amount due and payable at the time of the adoption of the preliminary assessment resolution. Additional Services GSG and NG&N are dedicated to governmental problem solving. Our practices and business are purposely limited to assisting governments in a mydad of ways. GSG and NG&N possess the ability to work effectively with local government staff and officials to provide specialized assistance in developing innovative and efficient solutions for government. Accordingly, on an hourly or negotiated fee basis, either or both GSG and NG&N shall be available to provide additional services to the City on finance, revenue or other local governmental matters. A-2 APPENDIX B ANNUAL FIRE RESCUE ASSESSMENT PROGRAM CRITICAL EVENTS SCHEDULE FISCAL YEAR 2004-05 APPENDIX B ANNUAL FIRE RESCUE ASSESSMENT PROGRAI~I CRITICAL EVENTS SCHEDULE FISCAL YEAR EVENT SCHEDULE Notice to Proceed March ~15, 2004 Review/Update Apportionment Methodology March - May 2004 Update prior Fiscal Year Assessment Roll June-July 2004 City Determines Net Revenue Requirements June - July 2004 Calculate/Confirm Annual Assessment Rates June - July 2004 Preliminary Rate Resolution June- July 2004 TRIM Notices June - August 2004 Published Notice June-August 2004 Annual Rate Resolution July-August 2004 Certify upcoming Fiscal Year Assessment Roll by September 15, 2004 VZ.-CONSENT AGENDA ITEM C. 5 CITY OF BOYNTON BEACF AGENDA ITEM REQUEST Roquested City Commission Date Final Form Must be Turned Requested CRy Commission Date Final Form Must be Turned in Meeting Date~ in to City Clerk's Office M~Jng Da~es to City Cledc's Office [] Oecember~,~00~ November~7,200~(Noon.) [] Februa~,~004 January l~, 2004 (Noon) [] December 16,2003 December 1, 2003 (Noon) [] February 17,2004 Fcbruaty 2, 2004 ('Noon) [] January6, 2004 December 15,2003 (Noon) [] March2,2004 February 16, 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/Le~ Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Task Order No. U04-10-01 in the amount of $1,963,000.00 to Kimley=Horn and Associates, Inc. (KIIA) for Program Management Services, West Water Treatment Plant (WWTP) Expansion - Phase 4. EXPLANATION: The City has engaged KI~A to provide technical services in the revision of the Basis Of Design Report, informal value engineering, bid phase services, detail design oversight, construction phase services, participation in the start-up and initial operations of the plant expansion, and general oversight of the WWTP Expansion. Working together, the Utilities Department and KHA identified and developed a specialized and detailed scope of services including individual sub-tasks that will be required for this project. We conducted several rounds of discussions and negotiations, modifying the specific tasks, level of effort and staffing mix in order to provide the City with a quality and cost effective program. S:kBULLETIN~QRMSkA.GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: KItA will act as the Program Manager and provide professional services for the completion of the WWTP Expansion. Task Order No. U04-10-01 consists of five (5) components as noted below: Task One Review and revision of the Basis of Design Report Task Two Pre-Construction Phase (detail design oversight) Task Three Construction Phase Task Four Start-Up Phone T~sk Five. plant Operation Phase On January 20, 2004 the City Commission approved the qualifications of Respondent Teams who will be invited to submit bids for the Design/Build for the WWTP Expansion. We anticipate our recommendation for award of this bid in June of this year. FISCAL IMPACT: Funds are available in account #401-5000-$90-96.02, WTR075 and account g401-5000-590-96.10, WTRll4. 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, 2003 between the City of Boynton Beach and Kimley-Horu and Associates, Inc. ALTERNATIVES: There is no alternative. Palm Beach County Environmental Rule II requires systems reaching 80% of the approved design capacity to initiate procedures for expansion and at 90% to have the plant expansion under construction. The water plant expansion is critical to maintaining the City's ability to meet the increasing demand for potable water to our customers and community. S:~BULLE~RMS~AOENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM D---'~le S. Sugerman, Assistant (~ty Manager Kur~ressner, City Manager Utilities Department Department Name ~ '~ity At~ey ~ ~'inance / 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 Procurement Services WRLT File S:x,BUI.I.F,~RMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. U04-10-01 IN THE AMOUNT OF $1,963,000.00 TO KIMLEY-HORN AND ASSOCIATES, INC, FOR PROGRAM MANAGEMENT SERVICES, WEST WATER TREATMENT PLANT (WWTP) EXPANSION - PHASE 4; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an original Task Order with Camp Dresser & McKee, Inc, (01-11), ncluded the development of the Request for Qualifications, Basis of Design Report, Specifications and general layout drawings; and WHEREAS, termination of that original task order with CDM has been requested and WHEREAS, the original CDM task order did not include detail design oversight, :onstruction phase services, start-up or initial operations involvement and oversight for the expansion; and WHEREAS, Kimley-Horn and Associates (KHA) will act as the Program Manager provide professional services for the completion of the WWTP Expansion, and Task No. U04-10-01 consists of five components as noted below: · Task One - Review and revision of the Basis of Design Report · Task Two - Pre-Construction Phase (detail design oversight) · Task Three - Construction Phase · Task Four- Start-Up Phase · Task Five - Plant Operation Phase NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: - Change Orders~imley Horn - Task Order UO4-10-01.doc 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 authorize and direct the approval and execution of Task Order No. U04-10-01 in the of $1,963,000.00 to Kimley-Hom and Associates, Inc., for Program Management West Water Treatment Plant Expansion - Phase 4. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this i day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk - Change Orders'~Jmley Horn - Task Order UO4-10-Ol.doc TASK ORDER NO. U04-10-01 WEST WATER TREATMENT PLANT EXPANSION - PHASE 4 PROGRAM MANAGEMENT SERVICES A. BACKGROUND Kimley-Horn and Associates, Inc., (CONSULTANT) submitted a Letter of Interest for providing Program Management services for the West Water Treatment Plant Expansion - Phase 4 to the City of Boynton Beach (CITY) on November 25, 2003, Based on this response, the CITY has requested that CONSULTANT provide program management services to the CITY in the execution of this project. The project is to be executed using the Design/Build method. This Task Order will be submitted as a stand alone document. It addresses scope and fees-for professional services associated with prOgram management. B. SCOPE OF SERVICES CONSULTANT will provide professional services to act and serve as Program Manager for West Water Treatment Plant Expansion - Phase 4. These services will start with preparation of the final Request for Bids (RFB), and continue through operational testing .of the completed Water Plant Expansion. The CONSULTANT will represent the CITY's best interests throughout this project and serve as the CITY's representative in all matters on the project. The CONSULTANT's obligations include timely communication of activities and status on the project with the CITY's Senior Project Manager. Task 1- RFB Phase This Task has an estimated duration of five (5) months and carries the Project from selection of the "Qualified" D/B teams through execution of a contract with the selected D/B team. The specific scope of services to be provided by the CONSULTANT is described below. 1. Serve as single point of communication between qualified Design/Build (D/B) firms and the CITY. Issue all instructions to qualified D/B firms. 2. Review Draft Basis of Design (BOD) documents for adequacy in conveying CITY's requirements to D/B teams. 3. Conduct meeting with C1TY to discuss comments, developed during review of Draft BOD documents. 4. Prepare Final RFB documents for use by qualified D/B firms in preparing Bids for the project. It is assumed that the existing Draft BOD documents will be used as a basis and will be revised to reflect CONSULTANT's best judgment as to required materials, C1TY' s requirements, and capital cost versus benefit of required elements in the project. CONSULTANT will conduct weekly meetings with CITY to review progress on preparation of the Final RFB documents. 5. Participate in one (1) mandatory open forum design review meeting with all qualified D/B finns. 6. Identify legitimate concems or significant Opportunities for improvement to the Project developed during the mandatory meeting. Incorporate appropriate comments or CITY suggestions into the RFB documents. 7. Receive, review, and respond to questions presented by D/B firms during Bid Preparation. 8. Review the bids received from the qualified D/B teams. This review to include responsiveness, responsibility, completeness, and cost of each proposal received. 9. Communicate with D/B teams for clarifications or amplification of bids. 10. Conduct meetings with CITY Staff to discuss findings and recommendations for Contract award. Task 2 - Preconstruction Phase This Task has an estimated duration of four (4) months. It begins after the selected D/B Team receives a Notice to Proceed and continues through completion of design of all major components for the project. The specific scope of services to be provided by the CONSULTANT is described below. 1. Establish communication protocol with D/B team to be used through the term of the Contract. 2. Serve as single point of communication between D/B team and the CITY. 3. With assistance from D/B firm, maintain at project site all files to be turned over to the CITY at the conclusion of the Project. 4. Conduct progress meetings every two (2) weeks with D/B team and CITY. Produce written minutes. 5. Conduct up to four (4) visits by the CONSULTANT to the D/B Team's design facility. These visits are intended to confirm progress on the design phase of the project and provide specific involvement by CONSULTANT on behalf of the CITY's interests. It is assumed that RFB documents will require D/B team to pay travel and sustenance costs. 6. Review and comment on design documents at 25%, 50%, 75%, and 95% complete. 7. Review all shop drawing submittals for conformance to the Contract Documents. 8. Identify and make recommendations to CITY regarding any changes in the project which would be in the CITY's best interest. 9. Maintain logs on submittals by D/B team. 2 10. Prepare weekly reports to CITY Staff providing, in summary form, activity on the Project. Task 3 - Construction Phase This Task has an estimated duration of eighteen (18) months and carries through all on-site construction activities. This Scope assumes that the D/B Contractor will provide an on-site construction trailer for use by CONSULTANT staff meeting requirements of CITY' s construction documents. The specific scope of services to be provided by the CONSULTANT is described below. 1. Serve as the single point of communication between the CITY and other consultants or involved parties and the D/B Team. 2. Conduct weekly progress meetings with D/B Team and CITY. Produce written minutes of these meetings. 3. Review materials received for conformance to approved documents. 4. Review all construction in progress relative to it being in the best interests of the CITY. 5. Prepare weekly reports to CITY providing, in summary format, activity on the project. 6. Provide professional leadership and direction in resolving conflicts occurring during construction. 7. Identify and implement minor changes during construction that will benefit the project. 8. Review all project progress with respect to conformance to permits issued relative to the Project. 9. Conduct meetings as needed with CITY intended to promote suggestions for improvements to the Project while construction is. underway. 10. Prepare, distribute, and recommend Change Orders and Construction Change Directives. 11. Review and process Request for Payment by D/B team. 12. Prepare and update as needed or requested by the CITY Punchlist of incomplete or unsatisfactory products/components of the project starting when project is at approximately 75 % complete. 13. Conduct final walk-throughs and inspections upon notification by D/B Team of Substantial/Final Completion. Task 4 - Start-Up Phase This Task has an estimated duration of three (3) months and carries through all plant start-up activities until the facility is ready to produce drinking water on a daily basis. The specific scope of services to be provided by the CONSULTANT. is described below. 1. Serve as the CITY's representative witnessing all pre-startup tests, operations, and trials: 2. Review and comment as necessary on D/B Team's intended protocol for startup. This review will focus on compatibility with existing plant operations and concurrence with FDEP regulations. 3. Conduct weekly progress meetings with D/B Team. Produce written notes of all meetings. Prepare weekly reports to CITY providing, in summary format, activities on the project. 4. Assure that all data taken during startup of the system is maintained in an accessible format and location. 5. COnduct analysis to determine if Contract requirements are met by the operating facility, 6. Confirm that conditions contained in permits acquired by the CITY and by the D/B Team are met. Task 5 - Plant Operation Phase This Task has an estimated duration of six (6) months and begins when the Water Plant is considered operationally complete. The specific scope of services to be provided by the CONSULTANT is described below. 1. Visit the plant weekly to review plant equipment conditions. 2. Collect, trend, and review plant operating data on a weekly basis. 3. Prepare monthly reports to CITY Staff providing, in summary format, plant operating conditions and equipment conditions. 4. Communicate with D/B team on warranty, operationally deficient, and latent defect issues. Coordinate with plant staff when warranty operations are underway. C. 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 Kimley-Hom and Associates, Inc. D. OBLIGATIONS OF THE CITY 1. The CITY shall provide the CONSULTANT, in a timely manner, record data and information related to the Project as necessary for the performance of services specified herein. 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. 4 3. The CITY will designate representative(s) to serve as point(s) of communication with the CONSULTANT. 4. Provide Draft BOD documents in an electronic format which allows modification of those documents as well as a non-copyrighted copy including permission from the preparer of those documents for the CITY and the CONSULTANT to modify and reuse those documents. E. COMPENSATION Compensation by the CITY to the CONSULTANT for all tasks 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 No. U04-10-01 is $1,963,000 as shown in Table 1 below. Table 1: Labor and Expense Summary Only West Water Treatment Plant Expansion - Phase 4 Labor Hours Labor Cost Expenses Total Cost Task 1 1,444 $181,000 $64,000 $245,000 Task 2 1,730 $199,000 $59,000 $258,000 Task 3 9,258 $1,014,000 $179,000 $1,193,000 Task 4 1,154 $139,000 $51,000 $190,000 Task 5 546 $65,000 $12,000 $77,000 Totals 14,132 $1,598,000 $365,000 $1,963,000 F. SCHEDULE The CONSULTANT will commence program management services upon receipt of written authorization and will complete all work associated with Tasks 1 through 5 of this Task Order U04-10-01 on a schedule required by the D/B Contract. An estimated overall schedule and manpower estimate tables are attached. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2004. SUBMITTED BY: KIMLEY-HORN AND ASSOCIATES, INC. Charles L. Geer, P.E. Michael D. Spruce, P.E. Senior Vice President Client Service Manager Dated this ]~¢1, day of ~J~no,~t'~ ,2004. H:\044349004\TASK ORDER\TASK ORDER NO. U04-10-01.doc 6 Manpower Key Sheet City of Boynton Beach West Water Plant Expansion - Phase 4 Initials Name IW lan Watson MM Mark Miller GR Gary Ratay MS Michael Spruce Jp John Potts CY ,Cathy Yoder HC -lector Casablanca DS David Stewart LV Larry Vicars SS Sal Santore CB Chris Barlow KS Kevin Schanen AB Alex Bailum H:O44349004/Task Order/Legend.xls VI.-CONSENT AGENDA ITEM D.x CITY OF BOYNTON AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 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 Bnsiness AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04- 041 EXPLANATION: PROJECT: Westbrooke ~ Boynton 0VISPM 03-013) AGENT: Jamie Gentile, Calvin, Giordano & Associates, Inc. OWNER: Westbrooke Companies, Inc. LOCATION: East of South Congress Avenue, North ofL.W.D.D. L-30 Canal DESCRIPTION: Request for Major Site Plan Modification approval to construct 300 townhonse units on 32.15-acres in the Planned Unit Development (PUD) zoning district. PROGRAM IMPACT: FISCAL IMPACT: '~ Planning and Zoning D City Attorney / Finance / Human Resources S:XPIanning\SHARED\WPkPROJECTS\WestlKnS'oke ~ Boynton~Agenda Item Request Westbrooke (~ Boynton MSPM 03-013 3-16~04.dot S:XBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN]'NG AND ZONTNG DI'VZSt'ON MEMORANDUM NO. PZ 04-041 STAFF REPORT TO: Chairman and Hembers Planning and Development Board and City Commission THRU: IVlichael Rumpf Planning and Zoning Director FROIVh Eric Lee .]ohnson, AICP Planner DATE: February 16, 2004 PRO3ECT NAME/NO: Westbrooke @ Boynton / MSPM 03-013 REQUEST: Hajor Site Plan Modification PRO3ECT DESCRZP'I'ZON Property Owner: Westbrooke Companies, Incorporated Applicant: Westbrooke Companies, Incorporated Agent: Mr. Jamie At Gentile / Calvin, Giordano & Associates, Incorporated Location: East side of Congress Avenue, just north of the L.W.D.D. Canal L-30 (see Exhibit "A"- Location Map) Existing Land Use/Zoning: High Density Residential (HDR) / Planned Unit Development (PUD) Proposed Land Use/Zoning: No change proposed Proposed Use: 300 fee-simple townhouse units at 9.32 du / acre Acreage: 32.16 acres (17,00,847 square feet) Adjacent Uses: North: Developed property designated with an Industrial (I) land use, zoned M-1 (Ught Industrial); South: Eight-of-way for the Lake Worth Drainage District (LWDD) Lateral (L-30) Canal, then farther south is the South County Regional Waste Water Treatment Facility, with a City of Delray Beach Community Facilities Public Buildings (CF-P) land use, zoned Community Facility (CF); Staff Report - Westbrooke at Boynton (MSPM 03-013)) Memorandum No PZ 04-041) Page 2 East: Rights-of-way for the Seaboard Coastline Railroad (CSX) and Interstate 95, farther east is developed property lying within unincorporated Palm Beach County with an ];ndustrial (1~) land use, zoned Light Industrial (L[); and West: Right-of-way for Congress Avenue, then farther west is developed residential property (Hunter's Run), with a Low Density Residential (LDR) land use, zoned Planned Unit Development (PUD). Proposal: In April of 2002, Mr. Kieran Kilday of Kilday and Associates submitted a request to rezone (LUAR 02-002) the property from ;Industrial (I) to Planned Unit Development (PUD) in order to construct 340 apartment units. The City Commission approved Hr. Kilday's request with a density of 10.5 dwelling units per acre. On .~anuary 21, 2003, the City Commission approved Ordinance 02-060, which was the second reading of the corresponding land use / rezoning application. In September of 2002, Hr..lamie Gentile, then representing Kilday and Associates, submitted a concurrent request for new site plan (NWSP 02-017) approval for the 340 apartment units. The City Commission approved Mr. Gentile's request on December 3, 2002. However, Hr. Gentile, now with Calvin, Giordano &Associates, has requested a major site plan modification (HSPH 03-013) in order to construct 300 fee-simple townhouse units at a density of 9.32 dwelling units for acre. This would represent a reduction in the number of dwelling units. Townhouses are permitted uses in the PUD zoning district. The project would be a gated community. The applicant has submitted no project phasing. Site plan approval is valid for one (1) year after a development order has been issued. It should be noted that Hr. Kieran Kilday is simultaneously requesting a one (1) year time extension for the site plan (NWSP 02-017) that was approved in December of 2002 (see staff report for SPTE 03-006). Site Characteristic: The subject property is comprised of two (2) vacant lots totaling 32.16 acres. The larger irregularly-shaped parcel contains a mixture of vegetation. The existing trees and vegetation consists generally consists of exotic, invasive, non-native species. The primary tree species are Rorida Holly, Melaleuca, and Australina Pine. There is a portion of the property, approximately 6.5 acres, which has been determined by the South Rodda Water Management District (SFWIVlD) to be a conservation easement within the site. This area also contains exotic, invasive, non-native trees / vegetation. Although not part of the City's permitting processes, it is likely that it would be reconstructed into a native wetland species ecosystem. There are several existing native Cabbage Palm trees and two small native Live Oak trees. These trees would be relocated to the east or south perimeter of the site. A deadng/ grubbing permit would be required from the Building Division to dear and remove these exotic plants and to relocate the Cabbage palm and Uve Oak trees. There are several Pond Apple trees within the existing canal right-of-way along the south perimeter of the site. These trees are under Jurisdiction of the LWDD. The Staff Report - Westbrooke at Boyntu~, (MSPM 03-'0't'3)-y .... Memorandum No PZ 04-041) Page 3 entire smaller lot has been dedicated as a 110-foot wide FP&L easement. Also, it is physically separated from the main parcel by an 80-foot wide right-of-way for the LWDD. Since this parcel would remain vacant and would not and could not be developed for townhouses, staff would like to continue discussing with the property owner, the possibility of including this parcel into the City of Boynton Beach's Greenways and Bikeways Plan (see Exhibit "C"- Conditions of Approval). In any event, the survey shows a small indent into the smaller parcel. This indent is private property, not owned by the applicant, and is currently the site of an existing billboard. The applicant has no control over this small property and the billboard would not be removed as a result of this development. It is unclear how the billboard site is accessed. ANALYSTS Concurrency: Traffic: A traffic statement for this project was submitted and sent to the palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County for 315 multi-family residential apartments. The Division-also had the following comment: "It is suggested thatthe City implement proper measures, through signing and striping, to enhance safety at the project access driveway, with emphasis on the southbound Congress Avenue traffic, turning left onto the site. No building permits are to be issued by the town, after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance". The Engineering Division has reviewed the plan and determined that the County's suggestion can 'be accomplished during the time of permitting (see Exhibit "C"- Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. The on-site drainage system shall be accomplished via a combination of green swales, exfiltration trenches, and dry retention. The drainage design shall conform to the requirements of the City of Boynton Beach and the Lake Worth Drainage District (LWDD). School: The School District of Palm Beach County approved the original apartment project for school concurrency when the property was rezoned from ]:ndustdal to PUD. However, the School District of Palm Beach County is currently reviewing the project for school concurrency purposes for the townhouse project. As of today's date, no equivalency 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 master plan (sheet Gl00) shows that the development's main driveway is proposed on Congress Avenue. This point of access would allow for both vehicular Staff Report - Westbrooke at Boy~tc~ (MSPM 03-013)) Memorandum No PZ 04-041) Page 4 and pedestrian ingress ! egress. It would align with a signalized median opening on Congress Avenue and would allow for both right and left tums from the site. This would be the main point of vehicular access to the site. The site plan (sheet C-40:1.) shows that both the ingress and egress lanes would be 24 feet in width. It would be separated by a 15 foot wide landscaped median. An unmanned, electronically operated, security gate would restrict entrance to the development. The gate would be located almost due west of the clubhouse, approximately 180 feet east of the property line along Congress Avenue. The Engineering Division reviewed its location in conjunction with the escape cut in the median and determined that both would provide for safe vehicular queuing distances from the arterial roadway. When the apartment project (NWSP 02-017) was first approved, the plans did not provide for a secondary means of access to the development. Staff strongly recommend the construction of an emergency entrance / exit at the southwest comer of the property. The developer heeded staff's recommendation with this major site plan modification and a subordinate driveway opening is now proposed at the southwest comer of the property. The enlarged site plan (sheet C-403) shows that this subordinate entrance would be 18 feet in width and set aside for fire / emergency vehicle access only. [ts surface would be made of turf block paver system. Garbage trucks and other service vehicles would not use this entrance. It would remain as a fenced portion of the property but equipped with a Knox Box so that in case of emergency, vehicles could enter or exit the site without complication (see Exhibit "C'- Conditions of Approval). Parking Facility.' Two and three bedroom townhouse units would require two (2) parking spaces for each unit. The recreation area would require five (5) parking spaces. Based on the above-referenced methodologies, 605 parking spaces would be required for the proposed project. The site data table and details (sheet 6500) shows that 658 parking spaces or an excess of 53 spaces would be provided. All parking spaces would be provided via either parallel or 90-degree parking stalls. The detail of the parking spaces (as shown on sheet G502) Indicates that the 90-degree parking stalls would be dimensioned nine (9) feet- six (6) inches in width by 18 feet- six (6) inches in length. The 90-degree handicap space would be 12 feet in width with five (5) feet of striping by 18 feet- six (6) Inches in length. The dimensions of the proposed parallel parking spaces would be nine (9) feet- six (6) inches in width by 25 feet in length. No detail of the typical outdoor freestanding lighting structure was provided, however, a note on the master plan (sheet Gl00) indicates that they would be made of 18-foot tall concrete poles (see Exhibit "C" - Conditions of Approval). Landscaping: The proposed pervious area of the parcel equals 11.86 acres or 36.8% of the total site. The overall landscaping data table (sheet 1.501) indicates the plan would provide a total of 783 shade trees, 1,175 palm trees, and over 20,000 shrub and groundcover plants. The tabulations show that 467 or 60% of the shade trees and 643 or 55% of the palm trees are native. Over 7,500 or 54% of the shrubs would be native. Ail would comply with the City's 50% native plants requirement. When describing the project's proposed landscape buffers, it should be noted that staff is referring to the pervious area outside the limits of the fee-simple lot. The ...... Staff Report - Westbrooke at Boynton (MSPM 03-013)) Memorandum No PZ 04-041) Page 5 width of the west (front) landscape buffer along Congress Avenue varies but would be at minimum, 10 feet in width. This 10-foot width landscape buffer would only occur in areas where dumpster enclosures are proposed. It should be emphasized that the vast majodty of the western landscape buffer (along Congress Avenue) would be 30 feet in width as shown on sheet G400. This buffer would contain a variety of trees and shrubs. They would include the following: Flodday Royal palm, Cabbage palm, Dahoon Holly, Queen Crape Myrtle, Wax Pdvet, Purple Glory, Thyrallis, Redtip Cocoplum, and Blue Daze. The Cross-Section Detail of the proposed earthen berm on sheet L400 illustrates what this buffer would look like. The detail shows that a three (3) to five (5) foot high earthen berm in conjunction with the proposed landscape material and perimeter wall would buffer the Congress Avenue roadway from the townhouses to the east. The enlarged landscape plan (sheet L403) shows that the south (side) landscape buffer would be nearly 30 feet wide, much to the benefit of the residents. The width of the landscape buffer is measured from the south property line to the edge of the fee-simple lot. The plans propose a vadety of trees and shrubs within this bUffer, outside the fee-simple lot. The proposed plants include but are not limited to the following: Wax Privet, Golden Shower, Dahoon Holly, and a row of Walters Viburnum hedge. As previously mentioned, much of the northern portion of the subject property would be dedicated as conservation lands. However, a substantial portion of another north (side) property line (N89°58'02'~V - 891.77 feet) was previously approved in the apartment project (NWSP 02-0Z7) with a ZS-foot wide landscape buffer. This north (side) property line directly abuts industrial property. This townhouse project proposes to reduce the width of this landscape buffer by Z0 feet. As currentiy proposed, the buffer would only be five (5) feet in width (outside the fee-simple property line). The master plan (sheet L100) shows that a five (5) foot high chain link fence with landscaping (Redtip Cocoplum and Paurotis palm trees) is proposed within this buffer. This buffer is Important because it separates the residential from the Industrial property. Therefore, in order to maintain consistency with the previous apartment project (NWSP 02-0Z7) and to minimize substantial changes to this project, staff recommends reducing the allowable depth of the outdoor patios to five (5) feet (for those patios proposed in the rear yards of the three (3) buildings that abut this landscape buffer). This recommendation would in effect, preserve the 15-foot wide landscape strip between the edge of the patios and the northern extent of the aforementioned property line (N89°58'02'~/- 891.77 feet). As a consequence however, these units would only be allowed to have a five (5) foot wide patio Instead of a tO-foot wide patio like the others. Also, only in this instance would the landscape buffer occur both Inside and outside the fee-simple area (see Exhibit "C"- Conditions of Approval). The east (rear) landscape buffer (sheet L407) is nearly 35 feet wide. Uke the other buffers, it would contain a variety of plant material including but not limited to the following: Cabbage palm, Dahoon Holly, Royal Poinciana, Pink Trumpet, and Walters Viburnum hedges. The foundation landscaping details (sheets L408 through L412) illustrate that landscape material would be provided for along the S~¢ff Report - Westbroeke at Boynton (MSPM 03-013)) Memorandum No PZ 04-041) Page 6 front and sides of each building. The landscape material Include Glossy Privet, Alexander palm, Carpentada palm, Montgomery palm, Travelers palm, Xanadu philodendron, Awabuld Viburnum, Schefflera, Nora Grant [xora, Urope, and Macho Fem. 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 enlarged site plan (sheet C-400), a six (6) foot high precast concrete wall would be erected along the west property line. The Precast Wall detail (sheet GS00), shows that the wall would be six (6) feet in height with decorative caps placed on top of each supporting column. The wall would have a textured concrete finish and painted the same color to match the buildings (Sherwln Williams #2340 - Buff). A five (5) foot high green chain link fence with landscaping is proposed along the other property lines. The 300 dwelling units are proposed within 30 separate buildings. The building sizes range from 7 units to 14 units. The project would contain two (2) "seven- unit" buildings, seven (7) "eight-unit" buildings, four (4) "nine-unit" buildings, eleven (11) "ten-unit" buildings, and six (6) "fourteen-unit" buildings. The proposed density is 9,32 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. All buildings combined would account for 23.85% lot coverage and are proposed as two (2) story structures. The buildings would be 27 feet- seven (7) inches in height. The units would have either two (2) or three (3) bedrooms .... The master site plan (sheet Gl00) shows that 10 dumpster enclosures are proposed. All dumpster enclosures are located and angled in such a way as to facilitate the efficient removal of trash. The Rte Department and the Engineering Division of Public Works reviewed the entire site and determined the vehicular circulation and location of fire hydrants would be adequate. One (1) mail kiosk is proposed just west of the recreation facility at the project entrance. This mail kiosk would serve the entire community. Staff met with personnel from the United States Postal Service and determined that two (2) mail kiosk locations would be acceptable. Therefore, staff recommends that another mailbox location be established on the rectified site plan at the time of permitting (see Exhibit "C" - Conditions of Approval). Design: The development in the surrounding area does not have a common architectural character. There are two (2) residential developments in the immediate area of the subject property. Hunter's Run to the west has a mixture of housing styles but they are predominately concrete block construction with a variety of roof materials and color accent features. The single-family homes at isles of Hunter's Run, located to the northwest have a nee-Mediterranean design. Ukewise, the proposed buildings in the subject property would have the same Spanish Mediterranean flavor. Some of the project's predominant architectural features indude S-tile roof, stucco facades, and metal balcony railings. The selected palnt color palette for these townhouses would differ slightly from the apartment complex approved in StaffReport-:Westbrooke at Boynton (MSPM 03-013)) ' ' -- Memorandum No PZ 04-041) Page 7 2002. Then, the apartment buildings would have been predominately light yellow with pastel accent color tones of gold, peach, and apricot. Now, the applicant is proposing three (3) color themes, primarily of earth tones. Scheme #1 would be dark green (SW #6158 - Sawdust) and gray (SW #6156 - Ramie). Scheme #2 would consist of dark green (SW #6132 - Relic Bronze) and dark yellow (SW #6129 - Restrained Gold). Scheme #3 would consist of terracotta (SW #6349 - Pennywise) and mustard (SW #6116 - Tatami Tan). Signage.' The elevations show that no building wall signs are proposed. An"entry wall" sign is proposed on each side of the project's main entrance at Congress Avenue. According to the sign elevation (sheet GS00), the sign letters would read"Congress Boynton Beach". The sign would be neady seven (7) square feet in area, which would comply with Chapter 21, Article IV, Section 1.D of the Land Development Regulations. The structure would be setback 10 feet from the west property line. RECOMNENDAT~ON.' The T~c~ical Review' Committee ('I'RC) has reviewed this request for major site plan modification approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit '~"-~-Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS\Westbrooke @ Boynton\Staff Report. doc LOCATION MAP Attachment "A" LONE PINE RD 900 0 900 1800 2700 3600 Feet ~ r ,EXHIBIT "B" ~~ZZ~ZZ~ZZmO000000~ ~ m~ummmmmmmmmmmmm ooO~°°~°°°°O~ ~~~~ ........ ~ooooooooo0ooo~ xxx~xxx×x ~~> ~zzzZZZZZZZZ-- ~ ~ oo~zzz~zzzz ~ ~ zzzzzzzz z ~ ~ zz ZZ~ zz -ri m Cccccccc ccccccc zzzzzzzz zzzzzzz ZZZZZZZZ Cccccccc Ccccccc IIIIIII IIIIIII IIIIIIII ~ IIIIIIII IIIIIII ~ooo~ o~oo~ oo~oo~om oo~oo~ ~rrr~>>>mnm~ M>MM~W rr~rrr~ rr~rr~ rr~rrr~ ~ ~ zzz~o ~ z mmW~--o~O ~om~o ~om~orO oo ooo C ~o oom~ o0o~ 0 o mm 000~ ~ ~ O00m> t0 ~ mmm mm ~ mmm ~ mmm ~ ~7 zzz zz zzz CGA PRO'CT No.: 02-~16 EXHIBIT "B" EXHIB./T "B". EXHIBIT "B- EXHIBIT "B" r-m - o ,e- ...... ~ .~--- EXHIBIT "B" EXHIBIT "B" I--m OO .-.iz I ~. ~%,!~ ~/I BY: WESTBROOKE O0~JMUNITIE$, fl4C, EXHIBIT "B" tC0~S8 TOWNS BY: WI~$'rBRooKE CX:N~#~AJNITES, INC. EXHIBIT "B" '-I rn I' CiTY OF BOYNTON BEACH. FLO~IOA EXHIBIT "B" iii .... P:~oJecls~003\034SL~ Congress Boynton Bead~\CADD flles\Drawtngs\034S15-G-500-502-STTE.dwg, 02/~ 02:51.'07 PM, ~, HP Laser.lei: 8L,~0 PS (Lettel').pc3 EXI-I I B IT "B" .~, . --.~' II1~ := i ,~i.l~ ::~ ' ~II EXHIBIT "B" ! EXHIBIT "C" Conditions of Approval Project name: Westbrooke ~ Boynton File number: MSPM 03-013 Reference: 2na review plans identified as a with a major site plan modification with a February 11, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Provide a dumpster enclosure per the LDR, Chapter 2, Section 11.J.2.b. X 2. The minimum dumpster pad shall measure 10 feet x 10 feet. An inside X dimension of 10 feet is required at the gates to allow access for Solid Waste pickup (Chapter 7.5, Article II, Section 5.J. and Article III, section 9.A.9.a.). 3. Explain how recycling pickup will be accomplish_ed. X 4. Adjust landscaping adjacent to dumpster enclosures to eliminate vertical X conflicts between the proposed Live Oaks and Solid Waste pickup. PUBLIC WORKS - Traffic Comments: 5. Show all proposed off-site improvements including: X Provide additional signal heads and modify the existing signals as necessary for traffic utilizing the proposed development entrance onto Congress Avenue. Construction of the traffic signal will be required prior to full build- out of the project; Provide complete details for construction for a southbound left-turn lane. 6. Permits will be required from Palm Beach County for work performed within X the Congress Avenue right-of-way and shall be required prior to issuance of any buildint~ permits issued by the City of Boynton Beach. ENGINEERING DIVISION Comments: 7. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 8. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission COA 02/20/04 2 DEPARTMENTS INCLUDE REJECT and at permit review. 9. Show all existing utilities on Site Development plan (Chapter 4, Section X 7.A.3). 10. Full drainage plans, including drainage calculations, in accordance with X Chapter 6, Article IV, Section 5 of the Land Development Regulations will be required at the time of permitting. 11. Permits may be required from FDEP, SFWMD, etc. for work adjacent to and X on the lake tract and conservation area. The applicant shall show that an environmental evaluation has been made, the appropriate agencies have been notified, and that they concur with the proposed construction. 12. Based upon environmental findings additional details and/or cross-sections X may be required, at the time of permitting, between the developed site and the conservation/preservation area to ensure protection from stormwater runoff. 13. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 14. All utility easements shall be shown on the Site plan and Landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 15. Palm Beach County Health Department permits will be required for the water X and sewer systems servin~ this project (CODE, Section 26-12). 16. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 17. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application 'forms or within 30 days of site plan approval, COA 02/20/04 3 DEPARTMENTS INCLUDE REJECT whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 18. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 19. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 20. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 21. Chapter 3, Article IV, Section 3.0. of the Land Development Regulations X require Master Plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project. This includes utilities within the right-of-way of Congress Avenue and the force main connection from the lift station site (not identified on sheet C- 201). 22. Depict connection from the Lift Station into the City's collection system. X 23. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 24, Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. ~ 25. Emergency access shall be provided at the start of a project and be maintained X throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be COA 02/20/04 4 DEPARTMENTS INCLUDE REJECT firm and unyielding, having a bearing 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 Bridge Construction (2000) Division 11, Section 160, STABILIZING. A copy of the test results shall be 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. POLICE Comments: None X BUILDING DIVISION Comments: 26. Indicate within the site data the type of construction of each building as X defined in 2001 FBC, Chapter 6. 27. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 28. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. 29. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 30. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the buildint[ design. 31. At time of permit review, submit signed and sealed working drawings of the X proposed constmction. 32. As required by the CBBCO, Part In titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each COA 02/20/04 5 DEPARTMENTS INCLUDE REJECT property line to the leading edge of the building/s. The leading edge of the building/s begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 33. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 34. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; - - · The number of dwelling units in each building; · The number of bedrooms in each dwelling unit; · The total amount paid and itemized into how much is for water and how much is for sewer (CBBCO, Chapter 26, Article II, Sections 26-34). 35. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 36. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land; · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dWelling units in each building; COA 02/20/04 6 DEPARTMENTS INCLUDE REJECT · The total amount being paid (CBBCO, Chapter 1, Article V, Section 3(0). 37. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 38. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 39. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. 40. Sheet G501 - Dumpster Detail - Shall comply with CBBCO, Chapter 7.5, X Article II, Section 5.J., Chapter 7.5, Article III, Section 9.A.9.A and City of Boynton Beach Engineering Division Standard Drawin~ G-4. PARKS AND RECREATION Comments: 41. The plans indicate 300 Single Family Attached Homes. Using the formula X outlined in the Land Development Regulations, Chapter 1, Article 5, the Impact Fee is calculated as follows: 300 Single-family attached units x $771 ea. = $231,300 Fee is due at the time of the first applicable buildin~ permit. FORESTER/ENVIRONMENTALIST Comments: 42. Existing Trees Management Plan-17 Live Oaks - Sheets L401-L403 X The Landscape Architect should show on these sheets the individual existing Live Oak trees that will be preserved in place or the relocated location elsewhere on the site. 43. 2.76-acre Lake Plantings - Sheet L100 X The applicant must design / install native species of upland trees, under story and littoral plantings along 50% of the lake perimeter within the entire 20 foot COA 02/20/04 7 DEPARTMENTS INCLUDE REJECT wide lake easement. The upland and littoral plantings must be contiguous to each other and cover 50% of the lake perimeter. A cross-section of the design should be included on the landscape plan. 44. A Lake Maintenance Plan document must be provided for the proper X maintenance of the lake plantings. A time zero and quarterly monitoring report for two years is required of the developer. 45. The berm height, width and slope for construction purposes should be drawn X on the plan. 46. Plant List- Sheets L400 - L412, and Sheet L501 X All shade and palm trees on the Plant list must be listed in the specifications as a minimum of 12 foot-14 foot in height, three (3) inch caliper at DBH (4.5 feet off the ground), and Florida # 1 (Florida Grades and Standards manual). This includes the multi-trunk species. The height of the trees may be larger than 12 foot -14foot to meet the three (3) inch caliper requirement (Chapter 7.5, Article li Sec. 5.C. 2.). 47. The landscape design must include the City signature trees (Tibochina X granulosa) at the project main entrance (Chapter. 7.5, Article II Sec. 5.C.3, N.). 48. The Tree & Palm Planting Detail shown on Sheet L500, should include a X line on the drawings indicating where the: · Diameter at breast height (4.5 feet off ground) of the trees are to be measured for a minimum of three (3) inch caliper at time of planting; · Overall height of the tree or palm is to be measured at time of planting; · Clear trunk, clear wood, or gray wood is to be measured at time of planting. 49. The irrigation system design should be low volume water conservation using X non- portable water. 50. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 51. Trees should have separate irrigation bubblers to provide water directly to the X root ball (Chapter 7.5, Article li Sec. 5. C.2.). PLANNING AND ZONING Comments: COA O2/20/O4 8 DEPARTMENTS INCLUDE REJECT 52. The project's required perimeter setbacks are as follows: Front - 40 feet; X Rear - 40 feet rear; and Side - 20 feet. On the site plan data table (sheet G500), indicate the required and proposed building setbacks to ensure compliance with this requirement (Chapter 2.5, Section 9.B.). 53. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. 54. The elevations must indicate the paint manufacturer's name and color code X (Chapter 4, Section 7.D.). On the elevation plans, include and label all major exterior finishes. Staff recommends using a color schedule to indicate the proposed building colors. Staff also recommends matching the project's building color(s) to the ones that are shown on the colored rendering. 55. On the enlarged landscape plans, ensure that the plant quantities match X between the tabular data and the graphic illustration. Also, ensure that cumulatively, the plant quantities on all enlarged landscaped plans equal the overall landscape plan. This can be accomplished at the time of permitting. 56. On the plant list of the enlarged landscape plan for the 7-unit building (sheet X L408), indicate the species of shade trees proposed within each rear yard. 57. On the plant list of the enlarged landscape plan for the 8-unit building (sheet X L409), indicate the species of shade trees proposed within each rear yard. 58. On the plant list of the enlarged landscape plan for the 9-unit building (sheet X L410), indicate the species of shade trees proposed within each rear yard. 59. On the plant list of the enlarged landscape plan for the 10-unit building (sheet X L411), indicate the species of shade trees proposed within each rear yard. 60. Any proposed walls, fences, enclosures and similar incidental site structures X shall resemble, with respect to color and materials, the design of the principal buildings and shall be integrated with other site elements (Chapter 9, Section 10.E.3.). 61. Above ground mechanical equipment such as exterior meters, utility boxes X and transformers shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. 62. Staff recommends screening the A/C units with either landscaping or a knee X wall. Label the location of the A/C pads on the enlarged site plans at the time of permitting. 63. A note on the master plan (sheet Gl00) indicates that the freestanding X lighting fixtures would be made of "18-foot tall spun concrete poles". At the COA 02/20/04 9 DEPARTMENTS INCLUDE REJECT time of permitting, the detail of the typical light pole should resemble this note. If not, then submit a new detail and revise the note on sheet Gl00 to match the materials and dimensions indicated on the detail. 64. According to the Palm Beach County Traffic Division, it is suggested that the X City implement proper measures, through signing and striping, to enhance safety at the project access driveway, with emphasis on the southbound Congress Avenue traffic, turning left onto the site. No building permits are to be issued by the town, after the build-out date specified above (which is 2006). The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance". The Engineering Division has reviewed the plan and determined that the County's suggestion can be accomplished during the time of permitting. 65. In order to maintain consistency with the previous apartment project CNWSP X 02-017) and to minimize substantial changes to this project, staff recommends reducing the allowable depth of the outdoor patios to five (5) feet (for those patios proposed in the rear yards of the three (3) buildings that abut the north- side landscape buffer along property line N89°58'02"W). 66. Staff understands that the smaller lot (of the two parcels) of the subject X property cannot be developed with townhouses. Therefore, staff would like to continue discussing with the property owner, the possibility of including the vacant lot into the City of Boynton Beach's future Greenways and Bikeways Plan. 67. Staff has met with the United States Post Office personnel and determined X that the project would be eligible for two (2) mail kiosk locations. Staff recommends incorporating two (2) mailbox locations into the design of the project at the time of permitting when a rectified site plan is required. The locations of the kiosks would be determined at that time. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 68. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 69. To be detennined. MWR/elj S:'~PlanningXSHARED\WP\PROJECTS\Westbrooke ~ BoyntonXCOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Westbrooke @ Boynton APPLICANT'S AGENT: Mr. Jamie A. Gentile - Calvin, Giordano & Associates APPLICANT'S ADDRESS: 560 Village Boulevard, Suite 340 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Request major site plan modification to construct 300 townhouses on 32.16 acres in the Planned Unit Development (PUD) zoning district. LOCATION OF PROPERTY: East side of Congress Avenue, just north of the LWDD Canal L-30 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, membem of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Westbrooke @ Boynton\DO.doc VT.-CONSENT AGENDA I'TEM D.2 CITY OF BOYNTON BEA 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 l, 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 Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda und~.~ Consent Agenda. The Planning and Development Board on a 5 to 0 vote with two abstentions, reco~lended that~ s,uff~ request be approved contingent upon approval on the Renaissance Commons DRIA. For further details pertainin~ request, see attached Department of Development Memorandum No. PZ 04-042. EXPLANATION: PROJECT: Renaissance Commons (MPMD 03-002) AGENT: Klm Glas-Castro, AICP, Ruden McClosky OWNER: Compson Associates of Boynton II, LLC LOCATION: Congress Avenue south of Gateway Boulevard DESCRIPTION: Request for Master Plan Modification approval to convert the former Motorola Planned Industrial Development (PID) to a Mixed-Use project consisting of residential, commercial and office uses in conjunction with the amendment of the Development of Regional Impact (DRI). PROGRAM IMPACT: FIALSC~ALRNAI~IPATiv~C~: Development City Manager's Signature .~.~pll~~ anning and Zomg Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS~J~enaissance CommonshMPMD 03-002~Ag~nda Item Requ~t Renaissance Commons MPMD 03-002 3-16-04.dot S:~BULLETINAFORMSXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-042 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner, DATE: February 17, 2004 SUBJECT: Renaissance Commons (fka Motorola) - DRIA 03-001/MPMD 03-002 NOPC Amendment #2 NATURE OF REQUEST Renaissance Commons (fka Motorola) is a partially built-out Development of Regional Impact (DRI) comprised of 87.4 - acres, zoned Planned Industrial Development (PID) and Community Commercial (C-3). It is located on the southeast corner of Gateway Boulevard and Congress Avenue (See attached Exhibit "A~ - Location Map). The applicant, Compson Associates of Boynton II, LLC, is requesting a second amendment to the Motorola DRI Development Order (D.O.) adopted January 7, 1980 by Ordinance No. 79-36. Amendment #2 proposes to change the Motorola DRI entitlements by the conversion of 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space to a mix of uses, including 1,551 multi-family residential units, 213,000 square feet of commercial space and 247,800 square feet of office use. The request also proposes to change the name of the DRI from Motorola to Renaissance Commons. There are no changes proposed to the DRI phasing, commencement date or build-out date of 2010, and no lands are being added to the DRI boundaries (see attached Exhibit "B" - Substantial Deviation Determination Chart). BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City review the NOPC. The DCA and the TCRPC review the proposed NOPC and provide comments following the procedures outlined in Chapter 380.06 (19). The Regional Planning Council has not responded to the NOPC request in writing as of the preparation of this staff report. Verbally, they expressed little concern over this NOPC, as they have had several meetings with the applicant and understand the project is a mixed-use concept, closely following that of NOPC #1 which they reviewed in 2002. The major changes involve a transfer of allotted square footages between the approved uses and a use conversion Motorola - DRIA 03-001/MPMD 03~002 Memorandum No. PZ 04-042 matrix which allows up to a thirty (30)% change in intensity, while remaining within the approved average daily tdps (ADT) and peak hour tdps approved with the odginal DRI. A letter from the Florida Department of Transportation (FDOT) was forwarded to the TCRPC delineating their concerns with the traffic methodology utilized by the applicant. These issues are discussed below in the section entitled "Regional Impacts". The traffic consultant for Renaissance Commons has prepared a response to FDOT comments. As of this staff report, FDOT has not had ample time to respond to the new data. Additionally, no response has yet been received from the DCA. The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S. requires that the local governing body hold a public headng to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Motorola DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation, they may take action to approve or deny the requested change. The original DRI Development Order adopted a Three-Phase Master Plan (see Exhibit "C" - Motorola Conceptual Master Plan ADA 1979). The first amendment to the DRI was approved by the City Commission on December 17, 2002, converting the Motorola entitlements from 825,000 square feet of industrial and office use to 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. The review of the DRI amendment also constitutes a review of the changes to the Master Plan for Motorola. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on January 27, 2004. ANALYSIS Notice of Proposed Change {NOPC) - Substantial Deviation The criteda for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that one of the criteria apply to the proposed changes to the Motorola DRI. These criteria, which are applicable for review of the proposed changes is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b)to the contrary, a proposed chang® consisting of simultaneous IncreaseS and decreases of at least two of the uses within an authorized multi-use development of regional Impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application, the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart (see Exhibit "B"). Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Amendment #2 involves changes to all of the use categories approved in Amendment #1: residential, commercial, office, and warehouse (storage & distribution). This proposal will eliminate the warehouse component while adding 1,001 multi-family residential units, adding 149,500 square feet of commercial while simultaneously reducing the office component by 202,200 square feet. The proposed increases and decreases in square footages are presumed to maintain the vested traffic generation level of 13,020 average daily tdps (ADT). Conclusion The proposed changes delineated in Amendment #2 are presumed to be a substantial deviation per Chapter 380.06 (19) of the Flodda Statutes. The applicant has provided the Substantial Deviation Determination Chart and a traffic study for review. Palm Beach County Traffic Engineering determined in a December 30, 2003 letter that NOPC #2 is projected to generate less peak hour trips than what was previously approved, and therefore meets the Traffic Performance Standards of Palm Beach County. Master Plan Modification This is the second amendment proposed for the Motorola DRI adopted in early 1980. The Florida Statute goveming the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". These changing market conditions are evident in the history of this DRI, which was planned and developed by Motorola for their exclusive use. Motorola began scaling back its operations at the existing facility in 2001. In October of 2002, Motorola sold the property, and it has since been purchased by the current applicant. The Motorola site is zoned Planned Industrial Development (PID) and Community Commercial (C-3). The applicant proposes to create 41.24 acres of Mixed Use designation and 45.74 acres of Multi-family residential. The Mixed Use is proposed along the Congress Avenue corridor, wrapping around the comer along the Gateway Boulevard corridor and southward through the center of the development. The Multi-family residential development is proposed along the Lake Worth Drainage District (LWDD) E-4 Canal and the Boynton Canal (C-16), as well as between the Mixed Use along Congress Avenue and the Mixed Use running through the heart of the development. Two additional access points are proposed along Congress Avenue (see Exhibit "D' - Renaissance Commons (fka Motorola) DRI NOPC #2 Master Development Plan). Impacts The proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. 3 Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Re.qional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Motorola DRI the major issue is whether there will be an increase in traffic beyond what was originally approved (13,020 average daily tdps and 1,634 peak hour trips) resulting from the requested land use changes. The applicant prepared a treffic study that was trensmitted to the Palm Beach County Treffic Division for their customary review and approval regarding concurrency. The County formally responded to the study in writing, indicating compliance with the Traffic Performance Standards of Palm Beach County. As mentioned earlier, FDOT has indicated that the traffic analysis submitted for the NOPC was insufficient in the areas of trip distribution, calculation of pass-by trip reduction, clarification of the residential component of the conversion matrix and intersection & driveway analyses. The applicant's traffic consultant has prepared the information and gathered the data requested by FDOT and forwarded it to each review body. All agencies Will review the new information and provide comments as soon as possible. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. Typical areas identified for review regarding potential local impacts are discussed below: Traffic - The treffic study methodology is a local concern as well. Palm Beach County has determined there are no additional local impacts associated with NOPC #2. The Master Plan proposes two additional entrances on Congress Avenue. Permits from Palm Beach County are required for these entrances. Turning movements and signalization issues will be evaluated and addressed at the site plan stage. Utilities - Based on the original Motorola Application for Development Approval the DRI is vested for 127,000 gallons per day (gpd) for both water and sewer. The City projected demand for the proposed development in NOPC #1 at 294,215 gpd for water and 255,865 gpd for sewer. This calculation is based on the formula in Chapter 26 of the Code of Ordinances. For NOPC #2, demand is projected to be 674,967 gpd for water and 560,193 gpd for sewer. Due to the magnitude of the increase above the prior approval, the Utilities Department is requiring that an evaluation of the off-site water and sewer service be conducted by the City at the applicant's expense. Any required improvements to the water and sewer systems and related levels of service will be borne by the developer. Additionally, the Utilities Department is continuing to refine the conversion matrix figures for each use proposed by the applicant and will have the final say on the exact numbers for each. These recommendations are addressed in Exhibit 'E" - Conditions of Approval. Draina.qe - Dreinage will also be reviewed in detail as part of the site plan approvals, and must satisfy all requirements of the city and local dreinage permitting authorities. The applicant submitted a copy of the current South Florida Water Management permit for the Motorola- DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 existing site. This permit will require modification based on the proposed development plan for the site. Environmental - The City's Forester/Environmentalist indicated in NOPC #1 that there were existing Burrowing Owl nests located on the Motorola property in the area of the proposed change. The applicant submitted a Migratory Bird Nest Removal Application with the State of Florida Fish and Wildlife Conservation Commission (FFWCC), as required, and a permit for Nest Burrow Removal was issued by the agency. A 100% site survey was conducted and three nest burrows were identified and excavated on January 14, 2004, in accordance with the permit. The City is in receipt of the Final Report from the FFWCC indicating that each of the burrows were determined to be "inactive", containing no eggs or flightless young. School Concurrency - The NOPC includes a request for 1,551 dwelling units, an increase of 1,001 from NOPC #1. This requires concurrency approval from the School District of Palm Beach County. The applicant submitted a concurrency application to the School District and was approved for concurrency. A copy of the approval form was submitted to the Planning and Zoning Division. Parks and Recreation - Residential units are also subject to the city's park and recreation impact fee. The fee will be calculated based on the type of units constructed and will be due at the time the first building permit is issued for the residential portion of the proposed development. The City required that the applicant provide a greenway/pathway easement along the LWDD E-4 Canal to the east and the Boynton Canal C-16 to the south when Phase I of the Renaissance Commons site plan was approved. Consistency and Compatib#ity with City Policies In order for the Proposed development to go forward the land use and zoning are being simultaneously changed on the site. The applicant proposes to change the land use from Industrial (I) and Local Retail Commercial (LRC) to a new category, Development of Regional Impact (DRI) and change the zoning from Planned Industrial District (PID) and C-3 (Community Commercial) to a new category, Suburban Mixed Use (SMU). The applicable Comprehensive Plan policies in support of the proposed amendment are: Objective 1.15 of the Future Land Use Element and its policies provide the basis for approval of mixed use development in the city, as follows: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other Innovative methods of regulating land development." City staff is proposing an amendment to the Land Development Regulations for a Suburban Mixed Use zoning district, to be utilized for this and other similar-sized mixed-use projects that will not be located in the City's adopted Community Redevelopment Area. In addition, the creation of a Development of Regional Impact land use classification, and the companion Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Comprehensive Plan text amendment, will provide site-specific ranges and intensities of uses allowed. Policy 1.19.2 provides the directions for re-designation of lands classified as "Industrial" on the Future Land Use Map: "The City shall provide continued effort to allow for industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional Importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis." The proposed development for the site is consistent with the cited policy in that it will provide both commercial and residential development, is expected to generate employment opportunities and provide goods and services, as well as add to the range of housing opportunities in the City. The adoption of Motorola NOPC Amendment #2 is conditioned upon the approval of the land use amendment and rezoning request (see Exhibit "E" - Conditions of Approval). Conclusion The only regional issue of significance is traffic. It is a significant issue on which both the Substantial Deviation determination and concurrency approval are based. Palm Beach County Traffic Engineering has already determined NOPC #2 would comply with the Traffic Performance Standards of Palm Beach County. Staff believes the additional data and analyses provided by the traffic consultant will help resolve any outstanding issues. Local impacts will be addressed in the Conditions of Approval for the NOPC #2. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Resolution of any traffic issues will be required to be resolved before any permits will be issued. Therefore, staff recommends approval of DRIA 03-001 subject to the Conditions of Approval attached in Exhibit Regarding the proposed modifications to the Motorola Master Plan staff recommends approval subject to the Conditions of Approval attached in Exhibit "E". $.*~=q. ANNI~WI:~PROJ~ Commons (flea MOTOROLA) DRN)RI~ST~F REPORT DR~ 03-00t.DOC MOTOROLA (DRIA 03-(~01) EXHIBIT "A" Location Map PUD C3 SITE C J PARK C3 E-4 CANAL m e m~.~ W'~E S EXHIBIT .B. TYPE OF LAND CHANGE PROPOSED ORIGINAL PREVIOUS USE CATEGORY. PLAN PLAN D.O. CHANGE & DATE OF CHANGE Site location~ Acreage, including . drainage, ROW, External Vehicle ( ~ Trips ADA RePresentations Airports Runway(length) )NA II I! Runway (str n ) Terminal '(gross square feet) Apron Area . feet) WPB:164987:3 EXHIBIT "B" Site locational changes Airport Acreage, including drainage, ROW, easements, etc. · ' # External NA' Vehicle Trips. representations Building (gross square feet) Site locationai change.s Acreage, includlng drainage, ROW, Hospitals easements, etc. Extcmml Vehicle Trips ADA representations WPB:164987:3 EXHIBIT "B" Acreage, including 0 acres 10.3 acres drainage, ROW, 87 acres (Ord. 02-061) .. easements, etc. 12/17/02 # Parking spaces 0 s.f. ** ** could be Building (gross 128,000 s.f. inu-oduced into 850,000 s.f. (Ord~ 02-061) square feet)' mixed-use · Industrial' developm~at via 12/17/02 utiliTmJon of Use. Conversion Matrix chemical storage (barrels and pounds) Site locational changes # External vehicle Industrial(cont.) [ D'O' C°ndifi°ns [I ADA Mixed-Use Industrial MultiPle Use representations Project Park Project Mining Operations Acreage mined (year) Water withdrawal (~ay) Size of mine (acres), including drainage, ROW, NA easements, etc. Site locational changes. WPB:164987:3 # External Vehicle trips ADA representations . ' ' Acreage, including 41.24 acres of 29.0 acres drainage, R~V, mixed-use 0 acres (Ord. 02-061) easements, e~c. 12/17/02 Building (gr~ss . 450,000 s.f. square feet)' 247,800 s.f. 0 s.f. * (Ord. 02-061) 12/17/02 Site locational Changes # External vehicle trips II · permitted ADA . Office (cont.) representations use within industrial use Petroleum/Chemical Storage Capacity Storage (barrels and/or pounds) Distance to Navigable Waters (feet) Site locations changes EXHIBIT Facilit7 Acreage, including NA drainage, ROW, easements, etc. # External vehicle trips ADA representation~ # Boat~, wet NA # Boat~, dry' storage. Dredge and fiH · (cu. y,~.) Petroleum storage site l°catio~ change~ Ports (Marinas) Port Acreage, including drainage, ROW, # External vehicle ADA representations . .I WPB:164987:3 EXHIBIT' "-B" 500 MI* du's " if Dwelling units1551 MF du's 0 (Ord. 02-061) ~. 12/17/02 Multi-family Type of dwelling Multi-familY NA ' (Ord. 02,.061) units .12/17/02 Residential Acreage, t ' including 't · 33 acres RO~r- 45.74 acres 0 (Or& 02-061) drainage, easements, e~c.!-' 12/17/02 Site locational changes # External vehicle trips Acreage, ~' ) inclUding 41.24 acres of 29.0 acres drainage, ROW, mixed:use 0 acres (Ord. 02-061) easements, etc. 1 2/17/02 Floor Space 63,500 s.f. (gross square 213,000 s.f. 0 s.f. (Ord. 02-061) feet) 12/17/02 Wholesale, Retail, . . Site locational " changes # External vehicle trips D.O. Conditions {1 tl 'Il ADA representations WPB:164987:3 · EXHIBIT "B" ' Floor space (gross square feet) , Parking Places 11 I' 1[" ,Employees 11, II 1[' Site locatiohal changes Hotel/Motel Acreage, · . including NA drainage, ROW, easements, etc. , External vehicle trips representations Acreage, including NA drainage, ROW, easements, Buildings (gross. squar~ f~) R.V. Park 'Employees 1[,,, Site locational # External vehicle trips ADA representatiom WPB:164987:3 EXHIBIT "B" Site locational changes Open Space (All ..... natural and vegetated TYPe of open non-impervious space surfaces) ADA representatioi~s Site locational changes Preservation, Buffer or ........... Special. ProteCtion Developmeflt of Areas site proposed ADA representations WPB:164987:3 ::. ,,~ EXHitT "¢" MA~R PI_AN-ADA 1~ ?~ CONCEPTUAL MASTER PLAN PHASE I LEGEND .' ',..._ N, W. 22 Avenue Re~:~aational Area IJ~n,D. 8oynton Canal CONCEPTUAL MASTER 'PLAN PHASE I!! LEGEND CONCEPTUAL MASTER PLAN PHASE II LEGEND ~'.',,.... N.W. 22 Avm'~Je ,:1' : R,e~'eatlonal ~ ~ n ~. Boynton Canal EXHIBIT "D" MOUR~Z .a_~'--'= ...~......o.o., ~ SALAZAR '~"~" ,ARCI-~'ECTS & PLANNERS ~------~T_~~*__~--------~.n~.~--~---.~t.~."~.~l~, I I Ill Ill IN' EXHIBIT "D" EXHIBIT "D" EXHIBIT "E" Conditions of Approval Project name: Renaissance Commons (fka Motorola) DRIA File number: DRiA 03-001 Reference: 2~a review plans identified as a Development of Regional Impact Amendment Master Plan with a 27, 2004 Plannin~ & Zoninl~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the project. ._ 2. Justify the water and sewer values used in. the conversion matrix. Those X numbers should relate to what actually has been purchased to date. Provide specific justification for the hi~,h values applied to office and industrial uses 3. Based upon the applicant's conversion matrix (which we do not accept), the X site exhibits an increase from the current use of 2161.66 dwelling units (equivalent) to 3281.01 dwelling units (equivalent) with the proposed change. A change of this magnitude would require the applicant to fund a re-study of the Utilities Master Plan for water and wastewater in the affected area. Any cost for utility upgrades as a result of Impacts from this project shah be borne by the applicant. Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: 4. Provide a master storm water management plan in accordance with the X LDR, Chapter 3, Article IV, Section 3.T. BUILDING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 5. Provide a letter from the South Florida Water Management District X regarding impacts to ground and surface water as a result of the proposed change, prior to issuance of any building permits. 6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 7. Indicate the width of all access points to ensure their compliance with City X code. Also show the access points to collector and arterial streets indicating their compliance with access requirements within the code. 8. The approval of NOPC #2 is contingent upon the approval of the Land Use X Amendment to Development of Regional Impact (DRI) and Rezoning to Suburban Mixed Use (SMU). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning~SHARED\WP~PROJECTSLRenaissance Commons~DRIA 03-001/MPMD 03-002\COA.doe DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons (fka Motorola) APPLICANT'S AGENT: Kim Glas-Castro, Ruden, McCIosky P.A. APPLICANT'S ADDRESS: 222 Lakeview Avenue, Suite 800, West Palm Beach, FI 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ... HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk V-L-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEi AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 Canceled February 16, 2004 (No~'l~ [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) ~ [] Administrative [] Legal ::K NATURE OF [] Announcement [] New Business ~:' "~ AGENDA ITEM [] City Manager's Report [] Presentation ~1. [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-031. EXPLANATION: PROJECT: Grove Plaza Subdivision Master Plan (MPMD 03-003) AGENT: Michael Weiner, Weiner & Aronson P.A. OWNER: KMA Investment Properties, LLC LOCATION: 3800 Hypoluxo Road DESCRIPTION: Request for modification of the subdivision master plan to convert Parcel "F" from a 3,600 square foot restaurant to a 7,180 square foot retail store (Auto Zone). PROGRAM IMPACT: FISCAL IMPACT: //~ / Developme~lSep~tm~n-~ DireCtor ' Ct~ Manager's Signature · Planning and Zoning Director /r~/ City Attorney / Finance / Human Resources ' S:\Planmng\SHARED\WP\PROJECTS\grove plaza\Grove Plaza MPMD~Auto Zone MPMD 03-003La, genda Item Request Grove Plaza Subdiv. Master Plan MPMD 03-003 3-16-04.dot S:~BULLETINWORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-031 TO: Chairman and Members Planning and Development Board THROUGH: IVlichael W. Rumpf Director of Planning 8~ Zoning FROM: Eric Lee Johnson, A[CP Planner DATE: February :1.2, 2004 SUBJECT: Grove Plaza - File No. MPMD 03-003 Master Plan Modification (Change of use on Parcel "F") PROJECT NAHE: Grove Plaza - MPMD 03-003 LOCAlION: Grove Plaza, southeast corner of LawrenCe Road and Hypoluxo Road LAND USE/ZON]:NG: Local Retail Commercial (LRC) / Community Commercial (C-3) NATURE OF REQUEST Mr. Michael Weiner, agent for the owner, KMA Investments, is requesting to modify the Subdivision Master · Plan for Grove Plaza. This development is located on the south side of Hypoluxo Road, just east of Lawrence Road (see Exhibit "A' - Location Hap). The specific request is to construct a one-story 7,180 square foot auto supply retail store (NWSP 03-027) on Parcel "F". Parcel "F" was originally approved for a 3,600 square foot restaurant. This master plan modification is required for the development of the auto supply retail store instead of a restaurant on Parcel "F". BACKGROUND/ANALYS];S The subject property was formerly the location of a landscaping and nursery business until it was annexed and rezoned. On September 19, 1995, the subdivision master plan was approved with six (6) separate parcels, each of which would require separate site plan review and approval. In 1999, a major modification to the master plan was approved for the development of the first parcel (Parcel "A'~ and several changes to the remaining parcels. Parcel "A' was approved for a gas station (7-Eleven convenience store with gas sales). The remaining parcels consisted of the following: 3,800 square-foot bank on Parcel "B'; 6,540 square feet of retail on Parcel "C'; 9,000 square feet of retail on Parcel "D'; a 3,600 square foot restaurant on Parcel "E'; and another 3,600 square foot restaurant on Parcel "F". In July of 2002, the City Commission approved a master plan modification (MPMD 02-001) for a change in Parcel "E'; from a restaurant to a one-story car-wash facility (Motor Oty Car Wash). The accompanying site plan (NWSP 02-007) for the car wash was approved as well. Tract "G" is the common area, which accommodates the access drives, drainage and buffer wall and landscaping for the Grove Plaza master plan. Tract "G" allows for vehicular ingress/egress from Hypoluxo Road to all parcels within the master plan. The points of ingress / egress from Tract "G" to Parcel ~F" would occur only along it's west property line (of Parcel "F'~. This project does not propose any new direct Memorandum No. PZ 03-031 Page Grove Plaza (Grove Plaza. AutoZone), MPMD 03-003 . .~ connections onto Hypoluxo Road. The AutoZone project would share and utilize Tract "G" along with the other parcels, Tract "G" would not be affected as a result of the proposed development. Each parcel is required to provide the minimum parking for their respective use as designated on the plan, The following summary indicates the required and provided parking for each parcel: Parcel Name Required Parking Provided Parking Parcel A 12 28 Parcel B 16 28 Parcel C 33 35 Parcel D 45 45 Parcel E 04 09 Parcel F 36 38 According to the applicant, the proposed change would represent a minimal difference in traffic impacts. On December 10, 2003, Mr..]ay M. Huebner, P.E., prepared a traffic impact statement indicating that the proposed auto parts store would generate less traffic than the originally approved restaurant. The statement was sent to the Traffic Division of Palm Beach County for their review and approval. The Traffic Division had the following comment: "A complete traffic study needs to be prepared and submitted to the City of 8oynton 8each and Palm Beach County Traffic Division. The study must address all requirements of Palm 8each County Traffic Performance Standards". On .]anuary 16, 2004, the applicant submitted a revised statement. 't this time, the project is still under review and staff has not yet received confirmation from the Traffic ~vision that it meets the Traffic Performance Standards of Palm 8each County. Therefore, no building Permits would be issued until such time of confirmation (see Exhibit "C" - Conditions of Approval). RECOMHENDA'F]~ON The Technical Review Committee (TRC) has reviewed this master plan modification request. Staff recommends approval, contingent upon the comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in' the Conditions of Approval. MR/ej Xc: Central File S.'~Iannlng~SHAREI:AWF~PROJECTS~ plaza~Grove Plaza MP~ Zone MPMD 03-003~"taff Repo..doc EXHIBIT A 1 in. = 313.0 feet COUNTY PO LAWRENCE. RD LOCATION MAP AUTOZONE 'ij~l I -~ ~ ,:..-. IilllSl~l" IIIIIIlllllljjl~ iiiijH ~" IIIIIIIIIII1~ lljjlJJJ ! I ~ol iI ~ I~ : EXHIBIT "C" Conditions of A proval Project name: Auto Zone File number: MPMD 03-003 Reference: 2na review plans identified as a Master Plan Modification with a January 27, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: COA 02/18/04 2 DEPARTMENTS INCLUDE REJECT 1. A revised traffic impact statement, prepared by Camahan, Proctor, and Cross, X Incorporated was sent to the Palm Beach County Traffic Division for their review and approval. This statement must be approved prior to the issuance of any building permits for the corresponding site plan for AutoZone (NWSP 03-028). PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 2. None X CITY COMMISSION COMMENTS: Comments:- 3. To be determined. eli S:\Planning\SHARED\WP\PROJECTS\orove plaza\Grove Plaza MPMD~Auto Zone MPMD 03-003\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BE.~,(~H, FLORIDA PROJECT NAME: Grove Plaza Subdivision Master Plan (MPMD 03-003) APPLICANT'S AGENT: Michael Weiner, Weiner & Aronson P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Mamh 16, 2004 TYPE OF RELIEF SOUGHT: Request for modification of the subdivision master plan to convert Parcel "F" from a 3,600 square foot restaurant to a 7,180 square foot retail store (Auto Zone). LOCATION OF PROPERTY: 3800 Hypoluxo Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\WP~PROJECTS\grove plaza\Grove Plaza MPMD~Auto Zone MPMD 03-003\DO Grove Plaza MPMD 03-003.doc VL'CONSENT AGENDA ITEM D.4 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 MeeOng 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 l5, 2003 (Noon) [] March 2, 200n Canceled Febmaryl6,2004(Noal~ [] 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 e.,rt [] Consent Agenda [] Public Hearing ::X: [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-034. EXPLANATION: PROJECT: Auto Zone (NWSP 03-027) AGENT: Michael Weiner, Weiner & Aronson P.A. OWNER: KMA Investment Properties, LLC LOCATION: 3800 Hypoluxo Road DESCRIPTION: Request for New Site Plan approval for a 7,180 square foot retail store (auto supply store) on a 1.18 acre parcel in a C-3 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ~ Developnl~e~ l~epar~meit Director City Manager's Signature Planning and Zoning D~. ior City Attorney / Finance / Human Resources ' SSPIanning~SHARED\WP~PROJECTS\grov¢ plaza~ulo Zone~IWSP 03-027~Ag~nda Item R~quest Auto Zone (Grove Plaza) NWSP 03-027 3-16-04.dot S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNTNG AND ZONTNG DI'V]:S~'ON MEMORANDUM NO. PZ 04-034 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP ~/.~ Planner DATE: February 12, 200~t PROJECT NAME/NO: Grove Plaza AutoZone / NWSP 03-027 REQUEST: New Site Plan PRO3ECT DESCR]:P3TON Property Owner: KMA Investment Properties, LLC Applicant: Mr. Wade Davis and Mr. William D. Gilmor Agent: Mr. Michael Weiner Location: Parcel "F" of Grove Plaza Replat, southeast coroer of Hypoluxo Road and Lawrence Road (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 7,180 square foot auto supply store (retail) Acreage: 1.12 acres.(ztS,825 square feet) Adjacent Uses: North: Right-of-way for Hypoluxo Road, then farther north is Santaluces High School with an :institutional (:i) land use designation (unincorporated Palm Beach County) and zoned Public Ownership (PO); South: Drainage Utility & :ingress/Egress Easement for Grove Plaza, then farther south is developed residential with a Medium Density Residential (MR-5) land use designation (unincorporated Palm Beach County) and zoned Agricultural Residential (AR); Staff Report - Grove Plaza AutoZone (NWSP 03-027) Memorandum No PZ 04-034 Page 2 East: Developed single-family homes with a Low 'Density residential (LDR) land use designation, zoned Planned Unit Development (PUD); and West: Tract "G'; which is a Drainage, Utility, and Ingress / Egress easement for Grove Plaza, then farther west is Motor City Carwash on Parcel "E" with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). Proposal: The applicant is proposing to construct a 7,180 square foot auto supply store on a 1.12-acre parcel. Parcel "F" on the master plan was originally approved for a 3,600 square foot restaurant. Approval of this project is contingent upon the approval of the accompanying request for master plan modification (MPMD 03-003) of the Grove Plaza master plan (see Exhibit "C'- Conditions of Approval). According to public records, AZB LLC purchased the property in December 2003. According to the applicant, within the last 10 days of this staff report, KMA ]~nvestment Properties, LLC assigned its contract to AZB, LLC. Evidently, KHA ;[nves~ent Properties, LLC assigned its interest in a ground lease to AZB, LLC as landlord. The tenant of the ground lease is AutoZone, ~[ncorporated. An auto supply store is a permitted use in the C-3 zoning district. The construction of the one (1)-story building, parking lot, and all other site improvements would occur within one (1) phase. Site Characteristic: The subject property (property "F'3 is one (1) of six lots of the Grove Plaza Subdivision master plan. The survey shows an existing billboard located at the northeast comer of the site. This billboard would be removed as a result of this development (see Exhibit"C"- Conditions of Approval). A 20-foot wide landscape easement runs in an east-west direction along the south property line. A 10-foot wide landscape buffer runs along the eastern property line and an eight (8) foot wide landscape runs along the west property line. The survey shows that the L.W.D.D. canal easement is 34 feet wide and located along the north property line. No unique or endangered habitat, migratory bird rookeries, wading bird habitat or colonial bird nesting / roosting areas are located on the subject site. Also, no wetlands or other surface waters are located on this parcel. Concurrency: ~ Traffic: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. At this time, the project is still under review and staff has not received confirmation from the Traffic Division that it meets the Traffic Performance Standards of Palm Beach County. No building permits would be Issued until staff receives this confirmation from the County (see Exhibit ~C"- Conditions of Approval). Drainage: Conceptual drainage information was provided for the Oty's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. Staff Report - Grove Plaza AutoZone (NWSP 03-027) Memorandum No PZ 04-034 Page 3 The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required (see Exhibit "C" - Conditions of Approval). The on-site drainage system shall be accomplished via a combination of green swales, exfiltration trenches, and dry retention. The drainage design shall conform to the requirements of the City of Boynton Beach, South Florida Water Hanagement District, and the Lake Worth Drainage District (LWDD). School: School concurrency is not required for this type of project. Driveways: Tract "G" is the common area which accommodates the access drives, drainage, buffer wall, and landscaping for the Grove Plaza commercial ! retail development. Tract "G" allows for vehicular ingress / egress to the subject site from Hypoluxo Road. The project proposes two (2) driveway openings from the subject property to Tract "G". These two (2) driveway openings would allow for both vehicular ingress and egress. Both would occur along the subject parcel's west property line. The project would share and utilize Tract"G" with the other parcels. Although not dimensioned, the ddveway opening onto Tract "G" would be at least 30 feet in width. Parking Facility: Retail uses require one (1) parking space per 200 square feet of gross floor area. Therefore, a 7,180 square foot auto supply store requires 36 parking spaces. The site plan (sheet SP I of 1) shows that 38 parking spaces are proposed, or an excess of two (2) spaces. The site plan also shows that 90-degree parking spaces would be dimensioned nine and one-half (91/2) feet wide by 181/2 feet in length. The 90- degree handicap space would be 12 feet in width with five (5) feet of striping by 20 feet in length. Parking areas would occur along the north and west sides of the building. As proposed, the vehicular back-up distance is 24 feet in width. The applicant has agreed to increase the width of the back-up distance to 25 feet. The detail shown on sheet PD2 of 2 would have to be revised at the time of permitting (see Exhibit"C"- Conditions of Approval). The parking lot lighting is shown on the photometric plan (sheet PH1 of 1). The proposed outdoor freestanding lighting structures would have to adhere to the design guidelines of the Grove Plaza Master Plan (see Exhibit "C"- Conditions of Approval). For example, the height of the light pole structures could not exceed 17 feet. According to the photometric plan, the proposed lighting levels near the south and east sides of the property would be minimal. [t should have no adverse affect on the neighboring residential properties Landscaping: The proposed pervious area of the parcel equals 21,163 square feet or 43% of the total site. The landscape plan (sheet L-l) indicates that 1,035 of the 1,635 proposed plants would be native. The native requirement has been met for the shade trees, palm trees, shrubs, and accent plants. Consistent with the Grove Plaza Haster Plan, the width of the north (front) landscape buffer along Hypoluxo Road would be 15 feet - six (6) Inches in width and contain Live Oak trees, a row of Recrdp Cocoplum hedges, and clusters of Dwarf Nlamanda, Dune Sunflower, and Aztec Grass. The west (side) landscape buffer would be 10 feet- six (6) inches in width and contain Uve Oak trees, a row Staff Report - Grove Plaza AutoZone (NWSP 03-027) Memorandum No PZ 04-034 Page 4 of Redtip Cocoplum hedges, and clusters of Dwarf Allamanda,~ Dune Sunflower, Aztec Grass, Hawaiian 33 Plant, and Variegated Sheffiera. The width of the south (rear) landscape buffer would be 20 feet in width. [t would contain the existing plant material as well as new Uve Oak trees, two (2) (~ueen palm trees, Redtip Cocoplum hedges, and Variegated Udope. Rnally, the width of the east (side) landscape buffer varies but would be at least nine (9) feet wide at it narrowest point and over 50 feet wide at its widest point. This buffer would contain the same landscape material as proposed within the other buffers (Live Oak trees, Redtip Cocoplum hedges, and Variegated Uriope). A cross-section (shown <)n sheet L-2) illustrates that the parking areas proposed north of the building would be screened with a berm and hedge material. The Installation and creation of the berm would be overseen by the City Forester / Environmentalist. Again, the berm and hedge material would screen the parking areas (proposed west of the building) from the Grove Plaza Service Road (also known as Tract"G" on the Master Plan). Building and Site: The maximum height allowed for new buildings in the C-3 zoning district is 45 feet / 4 stories. The proposed building is designed as a one (1)-story structure. The top of the parapet wall would be 21 feet in height. The top of the highest parapet wall would be 23 feet in height. As recommended by staff, the building is oriented in such a way as to be parallel with the front (north) property line rather than the east property line, which is at a slight angle from the master plan's other three (3) property lines. The required front setbackin the C-3 zoning district is 20 feet; the building would be setback over 80 feet. The required side setback in the C-3 district, when abutting residential property, is 30 feet. The project meets this requirement because the building would be setback 30 feet - six (6) inches from the east property line and over 60 feet from the west property line. The building would be over 90 feet from the south (rear) property line. The survey shows an existing wall runs along the southem property line. A new buffer wall would be required along the east property line because the abutting properties to the east are zoned residential. No detail of the buffer wall has been provided, therefore, staff recommends it be constructed of the same type of material and be identical in appearance / color(s) of the existing buffer wall (see Exhibit "C" - Conditions of Approval). The site plan shows that the dumpster enclosure is proposed at the southern portion of the lot. [t shall be landscaped on three (3) sides (see Exhibit ~C" - Conditions of Approval). The Engineering Division of Public Works has approved its location and angle with respect to the facilitation of trash removal. The loading zone is proposed along the west side of the building. The proposed buildings and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. Design: The project was reviewed in part, according to the standards as identified in the Grove Plaza Design Guidelines (z998). The proposed design is compatible with the surrounding built environment and would generally enhance the overall appearance of the commerdal plaza. The principle building and trim colors (earth tones) are consistent with the colors of the Grove Plaza Design Guidelines (1998). The exterior of the lower portion of the wall area would be painted dark brown (Sherwin Williams - Cattail Brown #218z). The body of the wall area, which contains the greatest portion of mass, would be painted light tan (Shervvin Williams Staff Report - Grove Plaza AutoZone (NWSP 03-027) Memorandum No PZ 04-034 Page 5 - Natural Tan #2431). Finally, the score lines and the pre-finished cornice proposed at top of the parapet walls would be light brown (Sherwin Williams-Oak Creek #2176). These colors would be compatible with Motor City Carwash's colors (tan, dark brown, and cream). The accent squares would be made with 12-inch by 12-inch red ceramic tiles. The elevations (sheet PS-2) indicate that the north and west facades would have pre-finished aluminum coping painted brown to match the cornice. However, this is not shown on the colored rendering. The Grove Plaza Master Plan Design Guidelines recommend roof styles to be S-tile or barrel tile roofs. The elevations show that the roof would be fiat, similar to the design of the adjacent IVlotor City Car Wash project. Therefore, to further promote the objective of the design guidelines, staff recommends incorporating many of the same accent features from the Motor City Car Wash building onto the proposed AutoZone building. These accent features would Include but not be limited to the following: continuing the masonry split face block work (proposed on the lower portion of the building) into the design of the building's faux columns as high in elevation as to the proposed the score line (1-inch exterior insulated finish system projection) and installing awnings over the windows on the north fa~;ade. The awnings should be similar if not identical to the car wash's awnings (see Exhibit "C"- Conditions of Approval). The overhead bay door is proposed on the west facade. It would not be visible from Hypoluxo Road. Signage: The maximum allowable sign area is based on the linear frontage of the front fa(jade (facing Hypoluxo Road). The elevations (sheet PS-2) show that two (2) walls signs are proposed. One sign would be on the north fa(jade, the other on the west fa~;ade. Each side would contain 36-inch red letters and be 50 square feet in area for a total of 100 square feet. The site plan (sheet SP1 of 1) shows that a freestanding monument sign is proposed at the northwest corner of the property. It would be setback :tO feet from the north property line and 20 feet from the west property line. The Grove Plaza Master Plan Design Guidelines restrict the sign to a maximum area and height of 60 square feet and eight (8) feet - six (6) inches respeddvely (see Exhibit "D"). The base colors must be white or off-white. The detail of the proposed monument sign (sheet SN-2) shows that the structure would be eight (8) feet - four (4) inches in height and :tO feet in width. Staff strongly recommends that the project signage comply with all Design Guideline restrictions (see Exhibit "C" - Conditions of Approval). RECOMMENDAT'~ON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments Indicated in Exhibit "C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning~SHARED\WP\PRO.1ECTS~qrove plazaL4uto Zone\NWSP 03-027~Staff Report. doc '~ E X HIB!T"A", 1 in. = 375.0 feet COUNTY PO SITE COU LAWRENCE. RD LOCATION MAP AUTOZONE EXHIBIT "B" ' q!,,,,,,,, .. _ ,' ,~;; !i~ i!!i :'"::"'..-- ....... l;il l,l],, : ?: ' i, i"-" ,,I, ,, ,II ,I · ; - !lll":'.-,' I., ii t -~ ' ' !::" ]";!!:"''''~'':' ' , 'Iii .'-~ -'- Iii :.-., Ili ,~ -.' ' Ill" '-' !t I ijI ' ~' It III ' '~' ~ .l,qt t i tl_--- ,I -;- I,I Ii .' -" ." ." .' :fill !!111111 ~. It -- ~ 11 il Ii111 H I "i'"J : ill ~!1 _ ,,IIII,,,,,I.I. '------- -- il;;illlllliH J ~ = llllllllllll" i / ~ · _ i!11il ~ii.-:ii':""'" ~ / ~ ~ ~,ii~.~ ,--"- · I..,_~ ~ I I Ji :i , II,,1 - -.- ! .. i<ojil -="~' :: :: · ' ,.--,,.I : I! ' ~ EXHIBIT "B" I MONUM~ 5~N ~ -~"~ EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Auto Zone File number: NWSP 03-027 Reference: 2nd review plans identified as a New Site Plan with a January_ 27, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: PUBLIC WORKS - Traffic Comments: X 1. Provide a traffic analysis and notice of concurrency (Traffic Performance Standards Review) from Palm Beach Count7 Traffic Engineering. ENGINEERING DIVISION Comments: 2. Show sight triangles on the Landscape plans using a 25 fL sight triangle X (LDR, Chapter 7.5, Article II, Section 5.H.). 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 5o Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. COA 02/23/04 2 DEPARTMENTS INCLUDE REJECT 7. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 8. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 10. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 11. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. Indicate on the floor plan drawing within the footprint of the building the X primary use of the building. If the building is an expansion of an existing building, indicate with the footprint of the new and existing building the primary use of the building. 14. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit COA 02/23/04 3 DEPARTMENTS INCLUDE REJECT shall be submitted at the time of permit application, F.S. 373.216. 15. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. PARKS AND RECREATION X Comments: None FORESTER/ENVIRONMENTALIST Comments: 17. The applicant must verify on the landscape plan that the existing trees / X vegetation & irrigation system within the adjoining 20' landscape easement is in accordance with the City approved Grove Plaza PCD master landscape plan. The applicant may be approved to install additional trees / vegetation in this area in conjunction with written approval from the property owner. 18. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed parking lot facility from the Hypoluxo Road and Grove Plaza service road rights-of-way. 19. The irrigation design should be low-flow for water conservation. All shade X and palm trees should receive irrigation from a bubbler source. [Environmental Regulations, Chapter 7.5, Article II Sec. 5A.J PLANNING AND ZONING Comments: , 20. Approval of this project is contingent upon the approval of the accompanying X request for the Grove Plaza master plan modification (MPMD 03-003). COA 02~3~4 4 DEPARTMENTS INCLUDE REJECT 21. The width of the drive aisle must be increased to 25 feet. At the time of X permitting, revise the plans, including the detail as shown on PD2 of 2 to reflect the required back-up distance. 22. For new construction where a commercial district abuts a residential district, a X solid, stucco masonry wall painted on both sides at least six (6) feet in height shall be located within the required side yard. It shall be setback two (2) feet from adjoining property hnes. Construction of said masonry wall shall be completed prior to the issuance of the certificate of occupancy (Chapter 2, Section 4.L). Staff recommends that the applicant work with the abutting property owner(s) (to the east) to raze the existing fence (on the abutting property) in order to construct a new buffer wall (on the subject property) in its place on the subject property. One wall as apposed to two (2) walls would be more in keeping with Crime Prevention Through Environmental Design (C.P.T.E.D.) principles. Staff further recommends that the required buffer wall be made of the same material, appearance, and color(s) of that of the master plan's existing buffer wall. 23. Provide accent shrubs along the screen wall (Chapter 7.5, Article II, Section X 5.J.). 24. The Palm Beach County Traffic Division reviewed the traffic generation X statement and has the following comment: A complete traffic study needs to be prepared and submitted to the City of Boynton Beach and Palm Beach County Traffic Division. The study must address all requirements of the Palm Beach County Traffic Performance Standards (Chapter 4. Section 8.F.). 25. On the landscape plan (sheet L-l), ensure that the plant quantities match X between the tabular data and the graphic illustration. 26. Staff recommends extending the row of Silver Buttonwood hedges (proposed X on the north side of the building) to the west so that hedges would grow underneath the glass front. In any case, foundation landscaping (along the sides of a building) shall be placed in a strip of land not less than five (5) feet in width. 27. Sheet PD-2 indicates that a berm will be provided along the north property X line but is not depicted as such on the landscape plan (sheet L-l). The front (north) landscape buffer should have a berm (consistent with the Grove Plaza Master Plan Guidelines). The City Forester / Environmentalist will review and oversee the installation and dimensions of the earthen berm. The plant material proposed within the front landscape buffer should be installed both on top and on the street side of the berm. 28. The proposed freestanding outdoor lighting fixtures shall be consistent with X the Lighting Design Guidelines as outlined in the Grove Plaza Master Plan (see Exhibit "D"). 29. The detail of the outdoor freestanding monument sign does not indicate the X COA 02/23/04 5 DEPARTMENTS INCLUDE REJECT proposed sign area. It can be no more than 60 square feet in area. This dimension on the detail is required in order to determine its compliance with the Design Guidelines of the Grove Plaza Master Plan (see attached Exhibit "D"). The base of the monument sign must be white or offwhite and shall be enhanced with colorful groundcover plants and a minimum of two (2) shrub species (Chapter 7.5, Article II, Section 5.0.). 30. Staff recommends continuing the masonry split face block work (proposed on X the lower portion of the building) into the design of the building's faux columns as high as to the proposed score line (1-inch exterior insulated finish system projection) and installing awnings over the windows on the north facade that are similar if not identical to the carwash's awnin[[s. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 31. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 32. To be determined. MWP./elj S:\Planning\SHARED\WP\PROJECTS\grove plaza~Auto Zone\NWSP 03-027~COA.doc EXHIBIT "D" Ground Sign Detail Note: ° Single faced ground sign showl~ AH ground signs will require planter extended around entire sign base. · Maximum height of eight and one-half (8.5') feet includes planter height. Maximum size of ground sign face (copy area) shah be sixty (60 sf) square feet. · Ground signs are allowed within fifteen (15') foot buffer, however must maintain a minimum ten (109 setback. ~~]G EXHIBIT "D" HTING DESIGN GUIDELINES GROVE PLAZAMASTER PLAN Boynton Beach, Florida Page 2 Typica/lighting fixture detail SEE SCHEDULE DESCRIPTION: FIXTURE TYPE, LAMP, WATTS, DIFFUSER AND MOUNTING AS NOTED 'ON 'UGHT FIXTURE ~"~IEI)ULE'. POLE HEIGHT AND SCHEDULE'. STRNGHT SQUARE N. UMINUM POLE 11' DIA. BOLT ORCd. E HAND HOLE BOLT COVER (WITH POLE) -.~ BASE PLAN .. WIRE LUG BOLTED TO ucd-rr POLE BOLT FURN. BY POLE MANUFACTURER GROUND CLAMP 8 COPPER eND MRE-1/2' J /--5/8' x 10' Zo.c72° 7 5,OOO P.S.I. MIN. - NATURAL CONCRETE - BROOM FINISH / DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: AutoZone at Grove Plaza APPLICANT'S AGENT: Mr. Michael Weiner with Weiner and Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: New site plan approval to construct a 7,180 square foot auto supply store on a 1.12-acre lot in the C-3 zoning district. LOCATION OF PROPERTY: Parcel "F" of Grove Plaza, located on the south side of Hypoluxo Road, east of Lawrence Road DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C' with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\Wp~DROJECTS\grove plaza~Auto Zone~IVVSP 03-027~DO.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEAi ITEM D.5 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 Meetin~ 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 I, 2004 (Noon) [] Administrative [] Legal ~i NATURE OF [] Announcement [] New Business ~ mc:> AGENDA ITEM [] City Manager's Report [] Presentation "O [] Consent Agenda [] Public Hearing ::l: [] Code compliance/Legal Settlements [] Unfinished Business ~ RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-044. EXPLANATION: PROJECT: Boynton Beach Cancer Center (NWSP 03-029) AGENT: George Gentile, Gentile, Holloway, O'Mahoney & Associates, Inc. OWNER: Boynton Beach Real Estate, LLC LOCATION: 2375 West Woolbright Road DESCRIPTION: Request for New Site Plan approval for a 6,851 square foot medical office building on a 0.39-acre parcel in the C-1 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ./~ Developm~ l~epa~ Director City Manager's Signature ~ Plan~ing and Zoning Director//J City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Beac~Cancer Center~N'WSP 03-029~Agenda Item Request Boynton Beach Cancear Cfr NWSP 03-029 3- 16-04.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMEN]'_ PLANNI'NG AND ZONI'NG DI'V~S][ON HEHORANDUH NO. PZ 04-044 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee .lohnson, AICP Planner DATE: February 18, 2004 PRO.1ECT NAME/NO: Beynton Beach Cancer Center (fka Woolbdght Medical Building) / NWSP 03- 029 REQUEST: New Site Plan PRO3ECT DESCRZP'I'ZON Property Owner: Boynton Beach Real Estate, LLC Applicant: Mr. George G. GenUle with Gentile, Holloway, O'Mahoney & Associates, Incorporated Agent: Mr. George G. Gentile with Gentile, Holloway, O'Mahoney & Associate, Incorporated Location: Northwest corner of Woolbfight Road and Southwest 22"~ Street (see Exhibit "A"- LocaUon Map) Existing Land Use/Zoning: Office Commercial (OC) / Office and Professional (C-1) Proposed Land Use/Zoning: No change proposed Proposed Use: 6,851 square foot medical office building Acreage: 0.39-acres (16,946 square feet) Adjacent Uses: North: Right-of-way for Lake Worth Drainage District (LWDD) Canal L-26, then farther north is developed residenUal (Leisureville) with an underlying Moderate Density ResidenUal (MoDR) land use designaUon, zoned Single-family ResidenUal (R-1AA); South: Right-of-way for Woolbright Road, then farther south is developed commercial (Woolbdght Professional Building) with an Office Commercial (OC) underlying land use deslgnaUon, zoned Office and Professional (C-1); Staff Report - Boynton Beach Cancer Center (NWSP 03-029) Memorandum No PZ 04-044 Page 2 East: Right-of-way for Southwest 22r~ Street, then farther east is developed residential (Venetian Terrace) with an underlying High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3); and West: A portion of a canal, then farther west is vacant commercial property with an underlying Office Commercial (OC) land use designation, zoned Office and Professional (C-1). BACKGROI) ND Proposal: In May of 2000, the original owner, Dr. Hark Freeman, submitted a new site plan request (NWSP 00-008) to construct a 7,380 square foot medical office building. The City Commission approved Dr. Freeman's site plan request on November 8, 2000. A development order for a site plan is valid for one (1) year. Unable to secure a building permit, Mr. Steve Utrecht, agent for the property owner submitted a request for site plan extension (SFTE 01-002) in December of 2001. The City Commission approved Mr. Utrecht's site plan time extension request on .~anuary 2, 2002. The validity of the site plan was extended to November 8, 2002. Again, unable to secure a building permit, IVlr. Utrecht~submitted a second request for site plan time extension (SPTE 02-002). The City Commission approved the second site plan time extension request on .]anuary 7, 2003. The site plan was valid until November 8, 2003. No building permits were secured and the site plan subsequently expired. According to public records, the present owner purchased the property in April of 2003. Mr. George Gentile, agent for the owner(s) submitted a request for new site plan approval for the construction of a 6,851 square foot medical office building. A medical office is a permitted use in the C-1 zoning district. The construction of the building, parking lot, and all other site improvements would occur within one (1) phase. Site Characteristic-' The site is a small, vacant, rectangular-shaped lot with overgrown grass and with no other vegetation of significance. The rear (north) of the property abuts up to the Lake Worth Drainage District's Canal L-26. Therefore, a large portion (20 feet) of the property is dedicated to the District. A finger canal bounds the property to the west side while public streets abut it to the south (front) and east side. The survey shows the site contains broken asphalt in the front of the property and a 10- foot wide by 22-foot long concrete slab, located at the southwest corner. Concurrency: Traffic: A traffic Impact statement for this project was .submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Division sent the following statement: The Year 2002 build-out date on the previous approval has passed, and since the project is expected to generate more than 20 peak hour trips, it is required to submit a new traffic study (not Just a trip generation statement) and address all TPS requirements. The study must indude a new build- out date, which will be used as the basis of the new traffic analysis. Be advised Staff Report - Boynton Beach Cancer Center (NWSP 0'~--029) Memorandum No PZ 04-044 Page 3 that the Palm Beach County TPS requirements was modified in April 2003, and all TPS related traffic analysis are now peak hour based. At this time, the project is still under review and staff has not received confirmation from the Traffic Division that it meets the Traffic Performance Standards of Palm Beach County. No building permits would be issued until staff receives this confirmation from the County (see Exhibit "C"- Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required (see Exhibit "C" - Conditions of Approval). The on-site drainage system shall be accomplished via a combination of green swales, exfiltration trenches, and dry retention. The drainage design shall conform to the requirements of the City of Boynton Beach, South Florida Water Management District, and the Lake Worth Drainage District (LWDD). School: School concurrency is not required for this type of project. Driveways: A driveway is proposed on Southwest 22nd Street. The opening would be 25 feet in width and allow for vehicular ingress and egress. This opening allows for vehicles to access the under-story parking. Parking Facility: Medical offices require one (1) parking space per 200 square feet of gross floor area. The site plan (sheet A-l) tabular data indicates that a large portion of the building is"inhabitable space'; such as the stairwell and a thickness of the walls of the X-Ray room. To be consistent with the previous approval (NWSP 00-008), the parking methodology was based on 5,400 square feet of building office area, and therefore, a total of 27 parking spaces would be required. The site plan shows that 27 parking spaces would be provided. On December 8, 2003, the applicant requested an administrative waiver from Engineering Drawing K1 in order to allow the proposed parking lot to comply with the parking lot dimensions of Engineering Drawing B98007. On December 10, 2003, the Engineering Division of Public Works granted the waiver from Drawing K1. The site plan shows that 90-degree parking spaces would be dimensioned nine (9) feet in width by 18 feet in length. The 90- degree handicap space would be 12 feet in width with five (5) feet of striping by 18 feet in length. As proposed, the vehicular back-up distance is 27 feet in width. The parking lot lighting is shown on the photometric plan (sheet ES1). According to the photometric plan, the proposed lighting levels near the north sides of the property would be minimal. Zt should have no adverse affect on the neighboring residential properties. Landscaping: - The proposed pervious area of the parcel equals 3,798 square feet or 22.5% of the total site. The landscape plan (sheet L-l) indicates that 28 or 100% of the palm trees would be native. Ukewise, 84% of the shade trees and 54% of the shrubs would be native. Originally, the site plan (NWSP 00-008) that was approved in 2000, proposed a five Staff Report - Boynton Beach Cancer Center (NWSP 03-029) Memorandum No PZ 04-044 Page 4 (5) foot wide front landscape buffer along Woolbright Road. Subsequent to approval, the buffer width requirements changed to seven (7) feet wide along rights-of-way. To comply, the applicant significantly revised the landscape plan in order to provide a seven (7) foot wide landscape buffer along Woolbdght Road. The buffer would contain five (5) Cabbage palm trees and one (1) Uve Oak tree. A row of Redtip Cocoplum and [xora Nora Grant is also proposed within the buffer. Although not scaled, the width of the east (corner side) landscape buffer would vary between 10 feet and 24 feet. This buffer would contain Royal palm, Cabbage palm, and Purple Glory trees. The proposed hedge and groundcover material include the following species: Urope, ]~ndian Hawthorne, [xora Nora Grant, and Coral Plant. The south (rear) landscape buffer would be at least 20 feet in width. This is the buffer that would separate the building from the residences to the north. North of this landscape buffer is 60-feet of the LWDD right-of-way. The landscaped version of the north elevation (sheet L-3) shows that the proposed plant material would soften the impact of the medical building on the residences to the north. The proposed plant matedal within this rear landscape buffer would include the following: Uve Oak, Cabbage palm, Redtip Cocoplum, Lxora Nora Grant, and Fakahatchee Grass. The west (side) landscape buffer would be two and one-half (21/2) feet in width. It would contain a row of Redtip Cocoplum hedges and Sliver Buttonwood trees. Building and Site: The maximum height allowed for new buildings in the C-1 zoning district is 30 feet. The proposed building is designed as a flat-roofed, one (1)-story structure with under-story parking. The top of the parapet wall would be 30 feet in height. The elevation (sheet A-3) indicates that the ceiling is proposed at 22 feet- 10 inches in height. The required front setback in the C-1 zoning district is 30 feet; the building would be setback 30 feet. The required side setback in the C-1 district is 10 feet; the building would be setback 10 feet on both sides. The required rear setback is 20 feet and the project provides 20 feet. No dumpster enclosure is proposed since a trash room has been provided to store small, portable containers in lieu of a dumpster. Design: The proposed design is compatible with the surrounding built environment and will generally enhance the overall success of the Woolbdght Road corridor. The elevations (sheet A-3) show that the main building color, which would contain the greatest portion of mass, would be tan (Sherwin Williams #1344- Fortune Cookie) and the accent color would be cream (Sherwin Williams #1347). The proposed building colors are compatible with other buildings in the area. Score lines and accent squares have also been incorporated into the design of the building in order to enhance its overall appearance. Signage: No wall signs are proposed. The site plan (sheet A-l) shows that a freestanding monument sign is proposed at the southeast corner of the property. According to the sign detail (shown on sheet A-4), it would be eight (8) feet in height and painted to match the building. The site address would be placed near the top of the structure. According to the sign note, the sign would be an Internally lit, double-faced sign with red acrylic letters. Since no setback dimension was provided on the site plan, at the time of permitting, the rectified plan must show Staff Report - Boynton Beach Cancer Center (NWSP 03-029) Memorandum No PZ 04-044 Page 5 that it would be setback 10 feet from the south and east property lines (see Exhibit "C" - Conditions of Approval). 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 comments indicated in Exhibit "C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Ptanning\SHARED\WP\PRO.1ECTS\Boynton Beach Cancer Center~lWSP 03-029\Staff Report. doc I in. = 265.3 feet N. CONGRESS C1 R3 C3 PCD LOCATION MAP BOYNTON BEACH CANCER CENTER .Et,, llEI'IHX..,=, .... . EXHIBIT "B" EXHIBIT "B" m ~ i i WOOLBRIGHT ROAD Ill · EXHIBIT "B" ,? , jill Everett H..Jenner, A.I.A. EXHIBIT "B" ~ . i~ I II II ~' ill ~ ~T ', - EXHIBIT "B" ~; "' ~ i" ~:":.¢ .' "!. EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Cancer Center File number: NWSP 03-029 Reference: 2aa review plans identified as a New Site Plan with a February 6, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Revise the note on Sheet 4 of 8 to indicate compliance with City Standard X Drawing "K" series. ENGINEERING DIVISION Comments: 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. 5. On the site plan, staff recommends labeling the southernmost parking spaces X as designated for "employee parking" due to the lack of a "bump-out" in the desitin of the parkin~ lot. UTILITIES Comments: 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be detem-dned based upon final meter size, or expected demand. COA 02/23/04 2 DEPARTMENTS INCLUDE REJECT 7. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 8. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application FIRE Comments: 9. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. 10. On Water & Sewer Plan (sheet 5 of 8) an existing ten (10) inch WM is shown X coming from the south with a ten (10) inch x six (6) inch tap for the hydrant supply. The existing WM coming from the north is shown as an eight (8) inch. Show the location of the reducer. POLICE Comments: None X BUILDING DIVISION Comments: 11. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. 12. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 13. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (,psf) on the plans for the building design. COA 02/23/04 3 · DEPARTMENTS INCLUDE REJECT 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application (CBBCO, Chapter 26, Article II, Sections 26-34): · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · The total amount paid and itemized into how much is for water and how much is for sewer. 17. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 18. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 19. Sheet A-1 - Light Pole Detail - The design of the light pole shall be designed X to withstand 140 mph wind load as mandated in 2001 FBC, Section 1606. Submit calculations to verif~ compliance. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 20. The Details sheet section on this page should include a line indicating where X the height, caliper ~ DBH, and clear trunk (ct) area of the shade tree will be measured at time of plantin§ and inspection. 21. The applicant should show on Sheet L-2 on the elevation cross-section detail X the actual heights of the proposed landscape trees and vegetation at the time of plantin$ to (proper scale) visually buffer the proposed driveway / parkin$ COA 02/23/04 4 DEPARTMENTS INCLUDE REJECT lot facility from the Woolbright Road and S. W. 22ua Street rights-of-ways. PLANNING & ZONING Comments: 22. A traffic impact statement for this project was submitted and sent to the Palm X Beach County Traffic Division for their review and approval. The Division sent the following statement: The Year 2002 build-out date on the previous approval has passed, and since the project is expected to generate more than 20 peak hour trips, it is required to submit a new traffic study (not just a trip generation statement) and address all TPS requirements. The study must include a new build-out date, which will be used as the basis of the new traffic analysis. Be advised that the Palm Beach County TPS requirements was modified in April 2003, and all TPS related traffic analysis are now peak hour based. At this time, the project is still under review and staff has not received confirmation from the Traffic Division that it meets the Traffic Performance Standards of Palm Beach County. No building permits would be issued until staff receives this confirmation from the County. 23. The configuration of the parking lot must be consistent on all plans. X 24. The detail of the outdoor freestanding lighting fixture (shown on sheet ES-l) X should indicate the material and dimensions of the structure. This should be shown on the plan at the time of permitting. 25. On the landscape plan, ensure that the plant quantifies match between the X tabular data and the graphic illustration. 26. The freestanding monument sign must be setback at least 10 feet from the X east and south property lines (Chapter 21, Article III, Section 5.). ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 27. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 28. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Cancer Cente~NWSP 03-029\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Cancer Center (fka Woolbdght Medical Building) APPLICANT'S AGENT: Mr. George G. Gentile - Gentile, Holloway, O'Mahoney & Associates, Incorporated APPLICANT'S ADDRESS: 1907 Commerce Lane, Suite 101 Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a 6,851 square foot building on a 0.39-acre parcel in the C-1 zoning district. LOCATION OF PROPERTY: Northwest corner of Woolbright Road and Southwest 22"d Street DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: s:~.,~s~,,.~D~w~.o~-rs~,,o. ~,~h c..~, ¢.,.~.~vsP 03-o29~0o.~ City Clerk VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEl l D.6 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 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 Canceled February 16, 2004 (Noon) [] January20,2004 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 March 16, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-003. EXPLANATION: PROJECT: The Jefferson ~ Boynton (f.k.a. South Congress Avenue Residential) (SPTE 03-006) AGENT: Kieran J. Kilday, Kilday and Associates OWNER: Westbrooke Comnmnities LOCATION: East side of South Congress Avenue, north of L.W.D.D. Canal L-30 DESCRIPTION: Request for a one (1) year time extension of the site plan approval granted on December 2, 2002, from December 2, 2003 to December 2, 2004. PROGRAM IMPACT: ~ Planning and Zoning D City Attorney / Finance / Human Resources S:~PlanningXSHARED\WPXPROJECTSXJeffers61~ Boynton~PTE 03-006XAgenda Item Request The Jefferson ~ Boynton (f.k.a.S.Congress Ave Res. SPTE 03-006 3-16-04.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-003 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf~~ Director of Planning §nd Zoning FROM: Eric Lee .lohnson, AICP ~,/~-' Planner DATE: .lanuary 15, 2004 PRO.1ECT: .lefferson @ Boynton (fl(a South Congress Residential / SPTE 03-006) REQUEST: Site Plan Extension PRO.1ECT DESCRIPI']:ON Property Owner: Westbrooke CommuniUes, Incorporated Applicant/Agent: Mr. Kieran .1. Kilday with Kilday & Associates LocaUon: East side of Congress Avenue, just north of the L.W.D.D. Canal L-30 (see Exhibit"A" - Location Map) Existing Land Use / Zoning: High Density Residential (HDR) / Planned Unit Development (PUD) Proposed Land Use/Zoning: No change proposed Proposed Use: 340 multi-family residential (apartment) units Acreage: 32.16 acres (1,~00,847 square feet) Adjacent Uses: North: Developed property designated Industrial (I) and zoned M-1 (Ught Industrial); South: Right-of-way for the Lake Worth Drainage District (LWDD) Lateral (L-30) Canal then the site of the South County Regional Waste Water Treatment Facility lying within the City of Delray Beach designated Community Facilities- Public Buildings (CF-P) and zoned Community Facility (CF); East: Rights-of-way for the Seaboard Coastline Railroad (CSX) and Interstate 95, farther east developed property lying within unincorporated Palm Beach County designated Industrial (IND) and zoned Light Industrial (LI); and West: Right -of-way for Congress Avenue and farther west developed residenUal property (Hunters Run) designated Low Density ResidenUal (LDR) at a maximum density of 4.84 dwelling units per acre and zoned Planned Unit Development (PUD). Page 2 Memorandum No. PZ 04-003 According to public records, the property has been owned by Congress Industrial Park since August of :[999. However, the site plan extension application indicates that Westbrooke Communities, Incorporated recently purchased the property (see Exhibit "D'3. The subject property is one (1) irregularly-shaped parcel totaling 32.16 acres. The site contains a mixture of vegetation, consisting generally of exotic, invasive, non-native species. The primary tree species are Rorida Holly, Helaleuca, and Australian Pine. There is a portion of the property, approximately 6.5 acres, which has been determined by' the South Florida Water Management District (SFWMD) to be a conservation easement. This area also contains exotic, invasive, non-native trees / vegetation. It would be reconstructed into a native wetland species ecosystem as part of site plan review and approval. There are several existing native Cabbage Palm trees and two small native Live Oak trees. These trees would be relocated to the East or South perimeter of the site. On December 3, 2002, the site plan was approved for the construction of 340 rental apartments within 22 buildings on 32.:[6 acres. According to the previous staff report, the project would have included four (4) different building designs; labeled Typed #:[, #2, #3 and Type #S. The height of buildings of Type #:[ through #3 would be three (3) stories and Type #5 buildings would be two (2) stories with proposed carriage garages. Carriage garages were proposed within the Type #5 buildings. The site plan showed that one (1) main driveway was proposed. The 22 proposed buildings were proposed on both sides and at the terminus of this main central driveway. These buildings would have contained a mixture of' one, two and three-bedroom apartment units. The proposed recreational amenities induded: a 4,901 square foot, one-story recreation building (which also accommodated the leasing office); a swimming pool; and one (:[) tennis court with a pavilion (see Exhibit "B" - Proposed Site Plan). The project also featured separate mail kiosks adjacent to the recreation/leasing building. Hr. Kieran .1. Kilday, agent for Westbrooke Communities, Incorporated is now requesting a one (:[)'year time extension, for the site plan (NWSP 02-0:[7) approved on December 3, 2002. It must be noted that on .1anuary 2:[, 2003, the City Commission approved Ordinance 02-060, which was the second reading of the concurrent land use amendment / rezoning application (LUAR 02-002), also submitted by Mr. Kilday, on behalf of the contract purchaser, .1PI Apartment Development. This land use amendment ! rezoning request successfully changed the underlying land use from Industrial (I) to High Density Residential (HDR) and the zoning from Ught Industrial (M-:[) to Planned Unit Development (PUD). The gross density of the project was approved at :[0.5 dwelling units per acre, which was in compliance with the maximum density of :[0.8 dwelling units per acre allowed in the HDR land use category. Both the City Commission and the Florida Department of Community Affairs (DCA) approved the land use amendment and rezoning application.' However, a site plan is valid for only one (1) year a~er a development order has been Issued. The developer is required to secure a building permit within that year. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to December 3, 2004. As previously mentioned, the most recent property appraiser records indicate that the subject property is owned by Congress Industrial Park. Apparently, Westbrooke Communities, Incorporated purchased the property sometime between September and October 2003. Less than a year earlier, the City Commission granted site plan approval while .1PI Apartment Development was the contract purchaser. The site plan Page 3 -- Memorandum No. PZ 04-003 approval was subject to 44 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on October 17, 2003. The payment for the time extension was received on October 29, 2003. Both were received prior to the expiration date of the site plan. According to the time extension application, Westbrooke Communities, Incorporated is requesting the site plan time extension "to become more familiar with the (City of Boynton Beach's) approval process, to evaluate the plan more closely, pursue' all site development permits, and to prepare architectural construction plans for permitting". One informal criterion that staff methodically utilizes in the evaluation of a request for time extensions is the applicants' demonstration or willingness to complete the project in "good faith". The applicant can submit detailed plans to the Building Division in anticipation of eventually securing a building permit. Submitting building permit plans demonstrates "good faith" to the City that the developer is attempting to complete the project. As of today, the applicant has not submitted any plans for any type of permit. A more formal criterion for evaluating requests for time extensions is a project's compliance with (traffic) concurrency requirements. On February 4, 2002, the Palm Beach County Traffic Division approved the traffic study for 340 multi-family dwelling units with a build-out year of 2003. The Traffic Division's condition recommended that the City implement proper measures, through signing or striping, to enhance safety at the project access driveway, with emphasis on the southbound Congress Avenue traffic turning left, onto the site. The applicant submitted a revised study to the Traffic Division and the Division approved the project for 315 multi-family dwelling units with a build-out year of 2006. The same condition applies. However, this one (1) year time extension request is for 340 multi-family units, not 315 multi-family units. Therefore, as of this date, the project does not have complete concurrency approval for the requested site plan IJme extension (see Exhibit "C"- Conditions of Approval). Finally, in May of 2002, staff undertook a study (South Congress Avenue Industrial Corridor) to evaluate the existing land uses and development characteristics within the area zoned "M-Z, Industrial" which encompassed properties located on the east side of South Congress Avenue, between Congress Avenue and the ;interstate 95 right-of-way. The study area induded the subject property. The study analyzed the M-! zoning district's permitted uses and the possible impacts of said uses upon adjacent residential properties. The study generated recommendations to amend development regulations in order to maximize compatibility of land uses. Simply put, the study recommended against converting the old land use (Industrial) to High Density Residential. At the time of the land use amendment / rezoning (LUAR 02- 002) application, the applicant's justification for the reclassification from Industrial to Residential included buffering, current market conditions, and the supply and demand of Industrial property. The applicant was successful in rezoning the property to Planned Unit Development (PUD). Page 4 Memorandum No. PZ 04-003 RECOMM ENDA'I/ON It should be noted that the applicant has recently submitted plans for a major site plan modification (HSPM 03-013) for the construction of townhouses in lieu of the apartment buildings. Staff recommends denial of this request for a one (1)-year time extension of the site plan approval (NWSP 02-017). This recommendation to deny the request for site plan extension is based on the lack of follow through on the part of the applicant to obtain the necessary permits to construct the project. No plans were ever submitted to the Building Division to advance the project through the permitting process and the build- out date (for traffic concurrency) was never extended. Also, the project has been sold from one developer to another who intends to change the intensity (from apartment units to townhouses), which should be more appropriately reviewed as its own site plan separate from this previous approval. It is always staff's goal to avoid making arbitrary, capricious, and/or inconsistent recommendations. However, if this request for site plan time extension is approved, all conditions of approval of the original site plan must still be satisfactorily addressed during the building permit process. One new condition of approval (regarding traffic concurrency) is recommended in conjunction with this request for site plan extension (see Exhibit "C' - Conditions of Approval). Any additional conditions of approval recommended by the Board or City Commission would be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS~3efferson @ Boynton\SPTE 03-006\Staff Report. doc Location Map EXHIBIT"A" JEFFERSON AT BOYNTON BEACH aka SOUTH CONGRESS RESIDENTIAL "~ ....... M1 REC ':"' ':~' ..... " · ._,SEES o~ .U~rERS-RU~.--- ..... . .............. .- :'XT'- ;- ,-----~::~- ..... ':[;-~ -..__:.. .~ ~1 '1!! ... ....... .7.~: .... .: . ; _ z[ t] I-- :..?i ..-: · :" ;' '"' 12'--,,,; 'Y' II, .,, ; '-...,.. .- ,,?./~' _ - ._., .....~-...~."~ ~./~ .~., - · .... . · j '.-,.. ;.:..:, ... '" ~ ~-', ~- I BOUNDARY ,;~ 1. : ~__.. -. ... -., : rtl · C7 2t..-~'2__~' "-~-2 ; '~ LAKE IDA .~ '~,-~... ~-- -, ~ ~ i .,'~-----~-_._~/ f"',. !i ' LWDD L-30 CANAb "'-------------_~,"-.? .. i~! $ EXHIBIT "B" \\\ 1~ i~.1, '" ~iI!IIII ' i:liillli !~i''' . ~ i :ii!iii :' ~ ',ill:l ,:, 'fill JJ j, JlJJ[:' Jiiilj '"' '- [:il! [!i Ii. EXHIBIT "C" Conditions of Approval Project name: Jefferson ~ Boynton (fka South Congress Residential) File number: SPTE 03-006 Reference: Site Plan Time Extension DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 1. Submit a revised traffic study that reflects the correct number of proposed X dwelling units. The Palm Beach County Traffic Division must approve the traffic study. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:\Planning\SHARED\WP\PROJECTS~Jefferson @ Boynton\SPTE 03-006\COA.doc ! : ,EXHIBIT "D" Kilday & Associat~ Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com October 15, 2003 Mr. Ed Breese (Principal Planner) City of Boynton Beach Planning Department, 2nd Floor 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach FL 33425-0310 RE: South Congress Residential (aka Jefferson at Boynton Beach) Dear Mr. Breese, Our office represents Westbrooke Communities, Inc., which purchased this subject property within the last thirty (30) days. On behalf of Westbrooke Communities, Inc., we would like to request a one (1) year time extension for the current site plan approval, which expires on December 3, 2003. The City Commission approved this site plan on December 3, 2002. Westbrooke would like to request this time extension to become more familiar with the approval process, to evaluate' the plan more closely, pursue all site development permits, and to prepare architectural construction plans for permitting. Needless to say, this process cannot be completed by December 3, 2003. Therefore, We would like to have this item be placed on the earliest City Commission Agenda. Thank you for considering this time extension request. cc: Divid Webber (W'es~rooke Communities) Mark Bidwell (Westbrooke Communities) Rob Rennenbaum (Simmons & White) , ~ H:Cllents/1496.06/Correspondence/Time extension site plan_10-15-03.doc. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jefferson @ Boynton (fka South Congress Residential (SPTE 03-006) APPLICANT'S AGENT: Mr. Kieran J. Kilday with Kilday & Associates APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Request one (1) year site plan time extension for 340 multi-family dwelling units approved on December 3, 2002 (an extension to December 3, 2004) LOCATION OF PROPERTY: East side of Congress Avenue, just north of the L.W.D.D. Canal L-30 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Jefferson @ Boynton\SPTE 03-006\DO Jefferson @ Boynton (fka South Congress Residential SPTE 03-006.doc VI.-CONSENT AGENDA I'TEM E.2. CITY OF BOYNTON BEACI-] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 Caneeled February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16,2004 March 1,2004(Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ..~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 6 to 0 vote, recommended that the subject request be denied, consistent with staff recommendation, on the basis of inconsistency with the Heart of Boynton Redevelopment Plan, phase I implementation efforts. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-050. EXPLANATION: PROJECT: Deliverance by Faith Church (NWSP 04-001) AGENT: Michael E. Sipula, JMS Architectural Design OWNER: Glenn Lyons LOCATION: Lots 4 & 5, Block 1, Frank Weber Addition DESCRIPTION: Request for new site plan approval for a 3,090 square foot church on a 0.32 acre parcel in a C-2 zoning district. PROGRAM IMPACT: ALTERNATIVES Developn~'~t I~epar~ent Direct'bt City Manager's Signature Planning and Zomg~{~ector City Attorney / Finance / Human Resources S:XPlanningXSHARED\WPXPROJECTSWaith by DeliveranceXJqWSP 04-001XAgenda Item Request Deliverance by Faith NWSP 04-001 3-16-04.dot S:'~BULLEIIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-050 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION February 25, 2004 DESCRIPTION OF PROJECT Project Name/No.: Deliverance by Faith/NWSP 04-001. Property Owner: Deliverance by Faith Church, Inc. Applicant/Agent: Mr. Mike E. Sipula. Location: Lots 4 and 5 on the North side of Martin Luther King Boulevard approximately 400 feet east of Seacrest Boulevard. Land Use/Zoning: Local Retail Commercial / C-2. Type of Use: Church. Project Size: Site Area: 0.32 acres (14,008 square feet) Building Area: 3,090 square feet Tower and Trellis Area: 464 square feet Total Building Area: 3,554 square feet Lot Coverage: 25.37 % Adjacent Uses: (See Exhibit "A" - Location Map) North - Vacant property with a Medium Density Residential (MEDR) land use designation and zoned Single and Two Family Residential (R-2); South - Martin Luther King Boulevard Right-of-Way, farther south is a vacant property with a Local Retail Commercial land use designation and zoned Neighborhood Commercial (C-2); East Vacant property with a Local Retail Commercial land use designation and zoned Neighborhood Commercial (C-2); and West - Developed commercial property (Authentic Soul Food Restaurant) with a Local Retail Commercial land use designation and zoned Neighborhood Commercial (C-2). Site Characteristics: The site is located within the Martin Luther King Boulevard Overlay Zone (MLKB). This overlay zone has been established to specifically guide development along this corridor consistent with direction from the Visions 20/20 Redevelopment Plan and the Heart of Boynton Community Redevelopment Plan (See Exhibit "D"). The site is composed of two (2) lots totaling 0.32 acres. The site is cleared and is predominately vegetated with a variety of overgrown grasses. There is no other vegetation of any significance on the site. Page 2 Deliverance by Faith Site Plan Review Staff Report Memorandum No. PZ 04-050 Proposal: The developer is proposing to construct a one (1) story, 3,090 square foot church, excluding a proposed tower and a trellis area totaling 464 square feet, to be located on a vacant 0.32-acre parcel. The proposed building height is 29 feet - 1 inch, which is below the 30-foot maximum allowed in the Martin Luther King Overlay Zone. The parking lot associated with the use is proposed to be located at the rear of the church building (See Exhibit "B" - Proposed Site Plan). Concurrency: a. Traffic - A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division regarding standards compliance. b. Drainage- Conceptual drainage information was provided for the city's review. The city's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review. Driveways: The proposed project includes one (1) point of ingress / egress along Martin Luther King Boulevard. The proposed entrance would be comprised of a 10.5-foot wide ingress lane and 10.5-foot egress lane separated by a striped median in the center of the opening to direct vehicular traffic in and out of the subject property. Since the project is within the Community Redevelopment Agency boundaries, the minimum required backup distance for parking lot drive aisles is reduced from 27 feet to 24 feet in width, which the applicant has provided. The proposed on-site traffic circulation system includes one (1), two-way drive aisle 21-feet in width. This drive aisle is proposed to extend from the north and south property lines. Driveway circulation is proposed to the rear of building. Parking Facility: The parking spaces required for the proposed project have been tabulated based on the ratio of one (1) space per 100 square feet of gross floor area, which is required for churches (Places of assembly). A 3,090 square foot building would require a minimum of 31 spaces. However, since the Martin Luther King Boulevard Overlay zone provides a 50% reduction in the number of required parking spaces, the site plan proposes a total of 16 spaces for the proposed use, which includes one (1) handicap space. All parking spaces excluding the handicap space will be dimensioned at least nine (9) feet by eighteen feet (9' x 18'), and will include wheel stops. Landscaping: The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is 3,140 square feet or 22.4% of the total site. A 2.5-foot wide landscape buffer is proposed along the east and west property lines. This landscape buffer consists of 5 (five) Green Buttonwood trees along the west property line, three (3) Satin Leaf trees along the east property line and Red Tip Cocoplum shrubs to be planted at the base of the trees. Along the north property line a Page 3 Deliverance by Faith Site Plan Review Staff Report Memorandum No. PZ 04-050 five (5) foot wide buffer is provided. Within this buffer, the applicant will provide the required six (6) foot masonry wall with Red Tip Cocoplum along the northern property line of the site to separate the church use from the adjacent residential zoning district to the north. The foundation planting for the proposed building will include Pink Ixora, Wax Jasmine and Variegated Dwarf Scheffiere enhanced with accent trees such as Bougainvillea and White Bird of Paradise. The development would be provided with the required amount of perimeter and intemal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. Building and Site Regulations: The proposed building is designed as a one (1)-story church with a gable roof. The top of the gable would be 29 feet one (1) inch in height. The minimum building and site regulations in the C-2 zoning district require minimum setbacks as follows: 30-foot front setback; 15-foot side setback; and a 20-foot rear setback. However, the Martin Luther King Boulevard Overlay Zone requires separate building and site regulations, which encourage a reduction in the building setbacks to bring the building closer to the street. This results in a minimum front setback of 3 feet and a maximum setback of 12 feet; a side setback ranging between 3 to 5 feet, and a maximum of 12 feet for comer lots. No dumpster enclosure is proposed since a trash room has been provided to store small, portable containers in lieu of a dumpster. The proposed bUilding setbacks will fully meet the Martin Luther King Boulevard Overlay Zone development standards. Additionally, building and site regulations will fully meet code when staff comments are incorporated into the permit drawings. Community Design Plan: The proposed one-story building will have a maximum height of 29 feet - 1 inch measured to the roof peak. The proposed building is a traditional design. It would have painted stucco facades the following three (3) colors: Lighting Bug (M.A.B. Paints 5059M), Canberra (M.^.B. Paints 5114Y) and Desert Spring (M.A.B. Paints 5626M). The accent color, which includes the cross in the proposed tower and the bottom of the proposed building wall, will be Babbling Brook (M.A.B. Paints 5624P). All trim fascia, will be painted in a semi-gloss white. The doors and windows including the frames will be white. The roof will be constructed of light gray asphalt shingles. There is no established architectural character within the area with which to compare the proposed project, however, the Heart of Boynton Plan recommends a "Floribbean" architectural style, which represents a combination of an uOId Florida" and "Caribbean' influence. The proposed project does not exhibit the elements of the "Floribbean" style. Metal roofs, dormers, steep pitched gabled and hipped roofs, and exposed wood trusses are some of the elements the Heart of Boynton Plan recommends for this redevelopment area of the city. Signage: No project monument sign is proposed. Any future signage will require separate review and approval. However, the project proposes two (2) wall signs on the proposed tower. On the west and south fac,,ades of the proposed tower two (2) wall signs measuring 14 square feet are proposed depicting the church's name. A board measuring 12 square feet is proposed on the southeast fagade describing the church service and related information. The Page 4 Deliverance by Faith Site Plan Review Staff Report Memorandum No. PZ 04-050 proposed wall signs would comply with sign standards including maximum sign area and height as set forth in the Land Development Regulations, Chapter 21. RECOMMENDATION: This project complies with all current code and Land Development Regulations. However, and most significantly, the project is not consistent with the Heart of Boynton Community Redevelopment Plan, which recommends the site of the proposed church be developed as part of a larger "gateway" activity node consisting of an integrated commercial/mixed-use development (See Exhibit "D"- Hearth of Boynton Plan Phase I MLK Boulevard Redevelopment Section). This recommendation is in accordance with Chapter 2, Zoning. Section. 3.A.7, which allows for adopted redevelopment plans to supercede zoning regulations where such plans:" includes policies which impose limitations or requirements on the use or development of property...which are more restrictive than those set forth in zoning regulations". Therefore, the Planning and Zoning Division recommends that this request for site plan approval be denied. If the proposed project is approved, staff recommends that the approval be subject to the conditions listed in exhibit "C", attached hereto. xc: Central File S:~°Ianning~SHARED\WPU:~ROJECTS~Faith by Delivemnce~NSP 04-001~Staff Repo,'t.doc I in. = 100.0 feet NE 111H j~l= NE ~ ~N, mm mm. ..-i NE lOTH AVl= NE ~ /' ~ ~ ..... I ~ _ i "q , I ~--~'~,) NI:: ~TH AVF -I LOCATION MAP DELIVERANCE BY FAITH EXHIBIT "A" EXHIBIT "B' EXF BIT "B" +f5.60 +15.53 +~.2 EXHIBIT "B" 'DELIVERANCE BY FAITH' C4-.KJFICH - OFF 81TE PARKING LOTS 4 & 5, BLOCK 1 ARCHITECTS & ENGINEERS ~A~ WEBBER ~DmON TO BO~ BEACH, FLO~DA ~ i~lll l'"ll ~ ]~ll] ~l~-~i EXHIBIT 'B" i jli~i!.ll~lii[i: :-[ Il l iilliI, ~,,i,~ ,,,,,, ,,,,i, .I' ,' _... i"' --':-"' ""!i!' :' ?' ",, ". "~ ~ ,.. '" ,' - i,~i .,.. .--~~-': I'~' ~i" ~",~,,"~'~:~.~1~ i" ' ~ .... "'""~"""~:" ~i ' !~ I~ II, '" ~i~i ~ "l~l, , . i ,.h ¢!'! i~, ~ ~ '" ""'"' iii~ ,,, ,~ i?~''': iiii "'"'" "' ,,. ,.. ,,., ,,..,....... , ~ ~ . , ~ "I"~ . - . ~,~.~ ~!~ ~i! ~~ ~ ~~ ~ - ~'~' '" --' "'"'"' ' I ~ ~ ~ ~ I ' ~ ~ ~ j ICON DESIGN GROUP 'D~I~A~ BY FAI~' CH~CH - ~ ~ P~NG ~ ~ ~ ~ ~ f~ LOTS ~ & 5, BLOCK I ~ .....,~ ~. ~ ~. ~. ~.. .. ~ ~ ~ ~ ' J F~ W~BER ADDmON TO BOY.ON B~CH, FLODDA ~ ,.. ~. ~ ~...~ EXHIBIT "B" FRAI~ WEIISER AIX:JI'ilON TO BOYN'rON BEACH, FLOffiDA ~ J~-- ~.,, ' ..... J · EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Deliverance by Faith File number: NWSP 04-001 Reference: 2~ review plans identified as a New Site Plan with a February 10, 2004 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 2. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. BUILDING DIVISION Comments: 4. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. On the drawing titled site plan, identify and label the symbol that represents X the property line. 7. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 8. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 9. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 10. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 11. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST DEPARTMENTS INCLUDE REJECT Comments: 13. No Irrigation plan included in the submittal. X PLANNING AND ZONING Comments: None. X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :~Planning~SHARED\WPXPROJECTS~Faith by DeliveranceXNWSP 04-00 ! \COA2.doc EXHIBIT "d" ' ! DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Deliverance by Faith APPLICANT'S AGENT: Michael E. Sipula- JMS Architectural Design Inc. APPLICANT'S ADDRESS: 211 S. Federal Hwy #11 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: Lot 4 & 5 Block 1 Frank Weber Addition DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby · .. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\Wp~DROJECTS\Faith by Deliverance~lWSP 04-001\DO.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEA¢ ITEM F. 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 -fl -<cz} AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code comPliance/Legal Settlements [] Unfmished Business RECOMMENDATION: .~ Release of cash bonds of $60,250.00 to D.R. Horton, Inc. for the project known as Parkside Village at Quantum Park (Blo~c 4, Lot numbers 10, 7, 1-5, 8 & 9and Block 3, Lot numbers 25, 18, 17, 19, 20, 21-24, 26-29). EXPLANATION: The Building Division sent the Finance Department cash bonds on the following dates: January 9, 2004 ($5,000.00), December 17, 2003 ($15,000.00), December 11, 2003 ($20,250.00), December 4, 2003 ($10,000.00) and November 24, 2003 ($10,000.00). These bonds were for the completion of the permitted work for the project known as Parkside Village at Quantum Park (Block 4, Lot numbers 10, 7, 1-5, 8 & 9 and Block 3, Lot numbers 25, 18, 17, 19, 20, 21-24, 26-29) located on South Evergreen Circle. The work has been completed and the Certificates of Occupancy have been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: N,~ Quintus L. G~, ~De~e'~opment Di~ctor City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~.GENDA ITEM REQUEST FORM.DOC EXHIBIT "C" RE: Parkside P'dlaRe at Q, uantum Parl~ To whom it may concern, Please accept this letter as a valuation of the landscape materials and irrigation planned W ! T K I N for installation, at Parkside Village at Quantum Park lot numbers 10 of block 4. Using bids DESIGN GROUP and contracts by the developer and our own internal system of valuation we attest that the value of the above mentioned areas is $2,500.00. L ^ N D S ¢ A P £ ARCHITECTURE AND PLANNING President 1 6 8 5 3 N.E. 2"~ AVE. S u I T E 305 NORTH MIAMI BEACH FLORIDA 3 3 I 6 2 TELEPHONE 305°650°8669 FACSIMILE 305"650o90~,7 E-MAIL ADDRESS EXHIBIT "D" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 04-007 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Officialj~ DATE: January 9, 2004 SUBJECT: CASIt BOND - PARKSIDE VILLAGE AT QUANTUM PARK (Block 4, Lot # 7) 2821 SOUTIt EVERGREEN CIRCLE Attached is a Cashier's Check for $2,500.00 fi.om D.R. Horton. This is a cash surety for Parkside Village at Quantum Park (Block 4, Lot number 7) and is to be held tmtil all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Andrew Witkin, ASLA and check XC: Timothy K. Large, Building Code Administrator Permit File # 03-1918 EXHIBIT "E" S:~DevelopmentXBUlLDINGhMemos\Cash Bonds - 2004~Parkside Village at Quantum Prk 03-1918.doc .BanEof America. Cashier's Check No. ~. 04 6 0 86 " ~'{~ ~ ' Il ' ~ ' , ~.~- ~i:~:~::i~:~::~2~:~:~i~}~?::`~:~:~/:?~.:~i~;~:~* . .~ .~ ~ ~.~t',~ ~ . :-~ r?. : ' · . ', "'- ~.: ~ .~l~ :' " ~~:''' ' '~" "' ''/'''/''''' ' ~ ~' :.. , . ~ . .. ~..:~¢'~' I , I_~ . ~ '/ ' ~ ~ ,. .- ~i-~ . . · , :'.-,,.. ¥' I · ~'~, ": ~ '~ '~ . . · .' - ~.. .'~ EXHIBIT "F" January 5, 2004 RE: Parkside Village at Quantum Park To whom it may concern, Please accept this letter as a valuation of the landscape materials and irrigation planned W I I K I N for installation at Parkside Village at Quantum Park lot numbers 7 of block 4. Using bids DESIGN GROUP and contracts by the developer and our own internal system of valuation we attest that the value of the above mentioned areas is $2,500~00. t A N D $ C A P E ARCHITECTURE Sincerel~ A N D P LA N N I lx` ~ Andrew Witkin, ASLA President ~ 6 a ~ ~ N.[. 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 wit ki~le slc~orld ne ~.a..net EXHIBIT "G" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-271 TO: Diane Reese, Finance Director DATE: December 17, 2003 SUBJECT: CASH BOND - PARKSIDE VILLAGE AT QUANTUM PARK (Block 4, Lot #'s 1-5) 2809, 2811, 2813, 2815 and 2817 SO. EVERGREEN CIRCLE Attached is a Cashier's Check for $15,000.00 fi.om D.R. Horton. This is a cash surety for Parkside Village at Quantum Park (Block 4, Lot numbers 1-5) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies-of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Andrew Witkin, ASLA and check XC: Timothy K. Large, Building Code Administrator Permit File #'s 03-1777, 03-1778, 03-1779, 03-1780 and 03-1781 EXHIBIT "H" S:XDevelopmentkBUILDlNOhMemos~ash Bonds - 2004XParkside Village at Quantum Prk Blk 4 Lots I-5.doc EXHIBIT "I" December 9, 2003 RE: Parkside Village at Quantum Park ~)~Z/t~I To whom it may concern, Please accept this letter as a valuation of the landscape materials and irrigation planned W I I K I N for installation at Parkside Village at Quantum Park lot numbers i-5 of block 4. Using bids DESIGN GROUP and contracts by the developer and our own intemal system of valuation w~ attest that the value of the above mentioned areas is. $15,000.00. t A N D S C A P [ ARCHITECTURE AND PLANNING Andrew Witkin, ~SLA President I 6 8 5 3 N.E. 2~* AVE. S U I T E 305 NORTH MIAMI BEACH FLORIDA 3 3 I 6 2 TELEPHONE 305'650.8669 FACSIMILE 305'650.9057 E-MAIL ADDRESS whkln,deslqn~,worldnet.an.~et EXHIBIT "J" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-268 TO: Diane Reese, Finance Director Don Johnson, Building Official ~ FROM: DATE: December 11, 2003 SUBJECT: CASH BONDS FOR PARKSIDE VILLAGE AT QUANTUM PARK - 2823, 2825, 2800, 2786, 2784, 2788 and 2790 SOUTH EVERGREEN CIRCLE Attached are Cashier's Checks for $5,000.00, $2,750.00, $2,500.00 and $10,000.00, respectively from D.R. H°rton. 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. 1045943 $ 5,000.00 2823 So. Evergreen Circle Lot 8 / Block 4 03-1920 2825 So. Evergreen Circle Lot 9 / Block 4 03-1921 1045620 $ 2,750.00 2800 So. Evergreen Circle Lot 25 / Block 3 03-1886 1045944 $ 2,500.00 2786 So. Evergreen Circle Lot 18 /Block 3 03-1890 1045842 $10,000.00 2784 So. Evergreen Circle Lot 17 / Block 3 03-1889 2788 So. Evergreen Circle LOt 19 / Block 3 03-1891 2790 So. Evergreen Circle Lot 20 / Block 3 03-1892 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 from Andrew Witkin, ASLA and checks XC: Timothy K. Large, Building Code Administrator Permit File #'s 03-1920, 03-1921, 03-1886, 03-1890, 03-1889, 03-1891, 03-1892 EXHIBIT "K" $:~Developraent~BUILDlNG~Memos~ash Bonds - 2004~°arkside Village at Quantum Prk 03-1920 03-1921 03-1886 03-1890 03-1889 03-1891 03-1892.doc Bank of America. EXHIBIT "L" December 9, 2003 RE: Par~ide tqllage at Quantum 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 8 & 9 of block 4. 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 $5,000.00. t ^ N O S C ^ P E ARCHITECTURE ~mcereJy, A n D P L a n n , Andrew 1Vitkin, ASLA President 1 6 8 5 3 N.E. 2'`0 AVE. S u I T E 305 NORTH MIAMI BEACH FLORIDA 3 3 I 6 2 TELEPHONE 305'650°8669 FACSIMILE 305.650-9057 E-MAIL ADDRESS witkln.4Esle~t]~awrldnEt.ntt.ne~ EXHIBIT "M" Bank Of America. ~'~'~ Cashier's Check No. J. 0 4 5 6 ~) 0 ~..~ BO¥r~ton Beach, Florida .' I ~ · ... %LARS I ~' ' ' EXHIBIT "N" December 9, 2003 RE: Parkside Village at Quantum Park To whom it may concern, Please accept this letter as a valuation of the landscape materials and irrigation planned' W I I K I N for installation at Parkside Village at Quantum Park lot umbers 25 of block 3. Using bids DESIGN GROUP and contracts by the developer and our own internal system of valuation we attest that the value of the above mentioned is ,1}z,/L/[LL/U. L A N D S C A I-' E ARCHITECTURE AND PLANN ~lndrew Witkin, ASIA President I 6 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 wil[In-deslqn~worldne~.a..nel EXHIBIT "O" EXHIBIT "P" December 9, 2003 RE: Parkside Village at Quantum Park ~l'l~ ~-'~T I F ~ : 193 l~t~ q O To whom it may concern, Please accept this letter as a valuation of the landscape materials and irrigation planned W I I K I N for installation, at Parkside Village at Quantum Park lot numbers 18 of block 3. Using bids DESIGN GROUP and contracts by the developer and our own internal system of valuation we attest that the value of the above mentioned is areas :~z,~uu.ou. L ^ N a S C A ~' [ ^rcH~tecture ~lncerely, AN D P LA N N' '; ,tndrew Witkin, ASLA President I 6 8 5 3 N.E. 2~ AVE. S LJ I T E 305 NORTH MIAMI BEACH FLORIDA 3 3 I 6 2 TELEPHONE 305 .650e8669 FACSIMILE 305-650.9057 E-MAIL ADDRESS wl~kl~deslg~--~ldnet.att.net EXHIBIT "Q" Bank of America. ~- Cashier's Ch~ck ~o. 10 4 5 8 4 2 "'[ONSBN~," ~:[[hOOOO~q~: O0[~k[OOt Cl~: OF BOYNTON:. BEACH '.'~:Boynton Beach, Florida DEPARTMENT' ~.-.~ . " · . - .. ~ -.. · . T ,' .q.. : ...... . ................ ~_.~.. EXHIBIT "R" December 9, 2003 RE: Parkside Village at Quantum Park ~-~t To whom it may concern, Please accept this letter as a valuation of the landscape materials and irrigation planned W I I K I N for'installation at Parkside Village at Quantum Park lot numbers 17, 19 & 20 of block 3. DESIGN GROUP Using 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 E ARCHITECTURE Sincerely, A N D P L A N - Andrew Witkin, ASLA President 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 witkl~slq~@worldnt t.atT.net EXHIBIT "S" DEPARTMENT OF DEVELOPMENT BUILDING DMSION MEMORANDUM NO. 03-260 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official~ DATE: December 4, 2003 SUBJECT: CASH BOND - PARKSIDE VILLAGE AT QUANTUM PARK (BLOCK 3, LOTS 21-24) - 2792, 2794, 2796 AND 2798 SO. EVERGREEN CIRCLE 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, Lot numbers 21-24 only) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Andrew Witkin, ASLA and check XC: Timothy K. Large, Building Code Administrator Pen-nit File #'s 03-1882, 03-1883, 03-1884 and 03-1885 EXHIBIT "T" S:kDevelopment~BUILDINGhMemos\Cash Bonds - 2004~Parkside Village at Quantum Prk 03-1882, 03-1883, 03-1884, 03-1885.doc · CITY OF BOYNTON BEACH i, .. ~ .. iortd, ' ~ · Boynton Bea~,F . , '~. ' ' · ~ .. '" ":: "~. ' ~" EXHIBIT "U" November 24, 2003 To whom it may concern, Please accept this letter as a valuation of the landscape materials and i~n planned 7~~~· ' N .for.lns?!ation. at Parkside Village at Quantum Park lot numbers 21 thr~,~f block 3. DESIGN GROUP ~sm.g..~los.anO contra~cts by the developer and our own internal system oXi~valuation we ^ arrest mat the value or-the above mentioned areas is $9,075.00. ~ ~ t A ~ O s c ^ P [ Sincerely, ~ ~1 AA N~ ~ HpILTAENCNT ~NR~ President 1 6 g 5 3 N.E. 2~° AVE. S U ! lr [ 305 NORIH MIAMI BEACH F l O R ~ D A 3 3 I 6 2 TELEPHONE 305*650.8669 FACSIMILE 305°650°9057 E-MAIL ADDRESS whkin'&sign~worldnet.at ~.net EXHIBIT "V" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-252 TO: Diane Reese, Finance D~rector FROM: Don Johnson, Building Official ~ DATE: November 24, 2003 SUBJECT: CASH BOND - PARKSIDE VILLAGE AT QUANTUM PARK (4-Unit Townhouse) 2802, 2804, 2806 and 2808 SOUTH EVERGREEN CIRCLE Attached is a Cashier's Check for $10,000.00 from D.R. Horton, Inc. This is a cash surety for Parkside Village at Quantum Park (4:unit townhouse [lots 26 - 29 of block 3]) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Andrew Witkin, ASLA and Check XC: Timothy K. Large, Building Code Administrator Permit File #'s 03-1773, 03-1775, 03-1774, 03-1776 EXHIBIT "W" S:~DcvelopmentSBUILDINOkMemos~ash Bonds - 2004\Cash Bond-Parkside Village at Quantum 03-1773, 03-1775, 03-1774, 03-1776.doc EXHIBIT "X" October 14, 2003 RE: Parkside Village at Quantum 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 26 thru 29 of block 3, DESI(;N GRO U P the adjacent parking lot, and common area surrounding this area. Using bids and contracts by the developer and our own internal system of valuation we attest that the L A n D S C ^ P value of the above mentioned areas is $9075. ARCH IIECIU R AND PLANNI~'G Andrew Witkin, ASLA President N. E. 2w° A V E. S U I T E 30~ ) og/77,C) o5 177q; o3 1"77G NORIH MIAMI BEACH s FLORIDA 3 3 I 6 2 TELEPHONE 305°650'8669 FACSIMILE 305'650'90~7 E-MAIL ADDRESS wttkln, d~ldne;.^..net EXHIBIT "Y" October 16, 2003 Kevin Hallahan City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl 33425 RE: Parkside Village To whom it may concern, WITKIN This letter serves as proof of our intent to match previously approved landscape plans. DESIGN GROUP Similar theme and plant palette have been used throughout the site. The latest landscape plans are an upgrade to approved plans and changes have been made as a result of site t ^ plan changes. Please feel free to contact us with any questions or comments you may have. ARCHIIECIURE AND PLANNING Sincerely, ,, 'Andrew ~itkin, ASIA I 6 President N.E. 2~ A V E. S U I I E 30~ · NORIH MIAMI B[ACH FLORIDA 3 3 i 6 2 TELEPHONE 305*650 °8669 FACSIMILE 305'65Oo?0~7 E-MAIL ADDRESS wtlkl~desl~ Idl~.~..~et EXHIBIT "Z" VI. 'CONSENT AGENDA CITY OF BOYNTON BEA( ITEM G. 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 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 [] Unf'mished Business RECOMMENDATION: Release of a cash bond of $10,697.50 to DSS Restaurant Management, LLC for the project known as Two Georges Restaurant. EXPLANATION: On March 18, 2002, the Building Division sent to the Finance Department a cash bond of $10,697.50 for the completion of the permitted work for the project known as Two Georges Restaurant located at 728 Casa Loma Blvd. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVE~ Quintus .~;~te, l}evelopmen[ Director City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:kBULLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC FROM :SCOTT WILSON ARCHITECT, LLC FAX NO. :615-221-8963 Feb. 18 2004 Oi:O?PM P2 , '~,~ City of Boynton Beach February 19, 2004 Build~ng Division 'l~c Act "' '~ A~n: Don ~o~son C.B.O., Bulldog Official 'vL' I~ E, Bo~n Beach Blvd. ]~h)~-- P.O. Box 310 Bo~ton Beach, Florida 33425 ..,," / d~/a/Two ~org~ Restaurant Tc~ontca Desi~uild, LLC 728 Casa Lo~ Boulevard 229 Ward C~¢1c Boynton Beach, Florida 33435 Suite A-11 Requ~t for Ceraficate of Occupa~ Bren~ood, T~c~see 37027 Bo~n Beach Permit No, 98-3775 / 03-3824 Final 615. 377. 9131 office Bo~ton Beach Permit No, 984357 / 03-2335 Final 615.221, 8963 hx Bo~ton Beach Permit No. 994849 / 03-2335 Final Bo~mn Beach Pe~it No. 01-2354 / 03-1728 F~ 211 South Fcd~a] Highway Bo~ton Beach Pe~it No. 02-1 ! 69 / 03-2163 F~ Suite I I Bo~ton Beach P~t No. 014769 F~al Bo~mn Beach, FL 33435~917 Bo~mn Beach P~t No. 02-0286 Final 561.735-9990 office Bo~ton Beach Pe~t No. 02-0548 F~I 561,735.9992 fax Bo~ton Beach P~it No. 02-0920 Final Dc~ Mr, Johnson, J~es M. Hoffma~ ~A. jmh_tdb~b¢llmu~.nct Please find my ~qucst for the C~ifi~ of Occup~cy for DSS Res~urant Management', LLC ~/~ '~e T~ Oeor~s Restaurant I verified ~e s~s of the abow referen~d pe~ wi~ Ms. Co~l~ ~s mom~g. All ~k p~ously Jeff~ L S~ C.G.C. ~.cd and voided and prcvi~ly not peri.cd ~s bc~ tc-p~md~ and d~si~fl~aot.com ~miRed ~ctively and ins~cted. ~ only ot~ work is related ~ the ~u~tion of the i~ove~ts of ~e ~ o marina. We ha~ ~sub~Rcd voided ~t 01~522 ~s ~-395 to co~le~ the ~.'' '''" * documcn~fion ~d inspccti~ of ~c m~na i~wv~ents. Bill Sadler is ~~'. O~ cu~ently closing out the re],~ pe~i~ wi* ~c DEP and ~e Co~s of E~."e~'. · ~ ' aspects of old bminess, which '~ektoni~" is respomible for ~th reg~d m ~ '..~ restaurant and thc magna, have ~ co~le~d to ~e ~st of my ~wledge. .- relates ~ the marina and ~e road ~ ~ have recently discussed. I ~11 follow up ~ ~th ~ose subjcc~ ~d~ separate co~sp~ce. 'o ........ for ~e "Two Georges Rc~ur~t" and the relc~e of the bond of ( Ten-fl~ousm~d, u T Six-hundrod-nine~-sev~ Doll~ ~d Fi~ Cen~ ) $10,697.50 ~ DSS Rcs~urant Managem~t, ~C. Please remit the bond by check m ~c cnfi~ and ad.ss in bold above. ~orida l. lccn~ AR15729 I ~ ~is request meets with ~r accep~ce. Plebe ~ct I~ d~ctly at ($61 ) COC 49673 801-3861 if yOU have any questions or commcn~. ~ank you for y~r c~finued No~h C~olina t,icensc assis~ce. No. R576 c~~ No, C-1883 ~espe NCA~ Cenifi~ti~ Ja~S ~. I'Ioffma~ R.A]~ No. 5 ! 133 Florida--5729 EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-057 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Officia~~ DATE: March 18, 2002 SUBJECT: CASH BOND - TWO GEORGES - 728 CASA LOMA BLVD., BOYNTON BEACH Attached is a check for $10,697.50 from Two Georges. This is a cash surety for Two Georges and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from James M. Hoffrnan,-R.A. and check XC: Timothy K. Large, Building Code Administrator Permit File #'s 99-4849 and 01-2354- ~- S:\Development~Building Div\DocumentshMemos in Word\Cash Bonds - 2002\Cash Bond - Two Georges.doc EXHIBIT "B" TWO GEORGES O I-~ ~-~ 4 2 5 7 728 CASA LOMA BLVD. BARNE]-r BANK, N.A. BOYNTON BEACH, FL 33435 PALM BEACH COUNTY 63-858 561-736~2717 670 CITY OF BOYNTON BEACH 2 5 3 2 7 Boynton Beach, Florida DATE DEPARTMENT ,j . · . DOLLARS FOR dc:i~- /,~,g$:'/ 0 ~ :-~. ~ ~ ') ~: ,~ .~:~ , - - .. EXHIBIT "C' ,, TEKTONICA Thc '\t! & ~cic:lcc ~ffCofstruction City of Boynton Beach Departmcm of Development -X,'l~c!: 15. 2002 ~. L..., .. Building Division .~,. Am~: Don Jolmson CB.O, Building Official ~!~#,'- lOO E. ~oynton Beach Bh'd. ;,~.~ '.' P.O. Box 310 ,;', :.,,,?:-'-.r ·.. Boyn:on Beach, Florida .33425 658-210 Wesl [ndinntoxx~ Rd.. Re: Two Georges Restaurant Jupiter. Florida 33458 Request for Temporary. Certificate of Occupancy 561. 747. 9234 office Bo.vnton Beach Permit No. 98-3775 ' 561. 747. 0936 fax Boynton Beach Permit No. 984357 Boynton Beach Permit No. 994849 Boynton Beach Permit No. 01-2354 Bo.vnton Beach Permit No. 014769 Bo.vnton Beach Permit No. 024)286 Bo.vnton Beach Permit No. 02-0548 Bo.vnton Beach Permit No. 024)920 Dear Mr. Johnson. Please find my request for a Tempom.ry Certificate of Occupancy and the following outline of work and bond value bv permit to bo completed in the next thim- (30) days. 98-3773 Exterior Renovation to Building "B" ( Grey Storage Building ) I) As-built - Elevation drawings shall be'corrected. 984357 Exterior Renovation of Building "C" ( "Ocher" One and Two Story. CBS Building - Kitchen and bathrooms on the ground floor - One bedroom .apartment on the second floor ) 1) As-built - Elevation drawings to be corrected. 994849 Rebuild Chickee Hut ( New Heavv Timber Chickee Sm~cmre ) 1) As-built - Certifications of C~le Compliance. 2) Fifty.. ( 50 ) running feet of mechanical screen to be completed - Bond value = $ 2,400.00 3) Sixty. ( 60 ) square feet of ~/~" P.T. decking along south side of Chickee along COncrete deck outside of french doors - Bond value = 4) Eigh.ty ( 80 ) running feet of P.T 2x6 three mil dock skirt board - Bond value = $1,200.00 01-2354 New 2083 S.F. Wood Dock 1) As-Built - Certifications of Code Compliance. 2) Waste line repair for restrooms - Bond value = $ 3,275.00 014769 East Dock Extension i) As-built - Certifications of Code Compliance. ~ [ 2) One (l) fourteen foot handrail- BOnd value = $150.00 - Ramped area at north end of the east dock is not a part of the accessible · route to the restaurant at this time. Fl EXHIBIT "D" : 2 e~f~2 ,rch 15. 2002 li~vo Georges Restaurant Request forTCO 02-548 Sitework around Ticket Booth & Restaurant ( Retainine Walls - Handrails- Ramps ) l) As-bruit - Certification of Code Compliance Sixty (60) running feet of handrail - Bond value = g 65t) 1)1) - Ramped areas are not a part of the accessible route to the restaurant at this time. 3) Thin'x,-five ( 35 ~ runmng feet of 12" x 12" concrete curb - Bond value = $ 450.00 Thirty-five ( 35 ) running feet of 12" x 36" concrete retaining wall - Bond value = $ 1.200.00 Total bonded value = $ 9725.{){) X I. 1 = 10.697.50 Addifionallv. Life Safe.ty Code requirements and Florida Accessibility Code requirements shall be maintained at all times. "Barricades. temporary, construction fencing and caution rope shall be maintained around all work unfinished and in progress. Lastly. all conditions outlined in the Partial Certificate of Occupant?- issued March 15. 2002 bv the City of Bo.vnton shall be maintained and outstanding work items completed by. April 15. 2002. I hope this request meets with your acceptance. Please contact me directly at (561) 628-1766 ifvou have any questions or comments. Thank you for your assistance. Sincerelv. James M. Hoffman. R.A. Florida Registered Architect AR15729 EXHIBIT "D" VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM H. 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 February 2, 2004 (Noon) [] January6,2004 December l5, 2003 (Noon) [] March2,2004 Februaryl6,2004(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: Motion to approve full release of surety covering the water system for the project known as Motor City Car Wash and returning the cash surety in the amount of $1,980.00 to the developer. EXPLANATION: The water system serving this project has been completed, all documentation has been provided and the system is operating satisfactorily. The cash surety may now be refunded to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None,~ Department Head's ~gnature ignature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. File S:~BULLETINXFORMS~GENDA ITEM REQUEST FORM.DOC DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 1,980.00 To: Motor City Car Wash, Inc. 3837 Jonathans Way Boynton Beach, FL 33436 For: Full release of cash surety for the project known as Motor City Car Wash Commission Approval: Requested by Peter V. Mazzella, Deputy Utilities Director ~ Date February 18, 2004 Approvals: AMOUNT 401 0000 220 99 00 1,980.00 Finance Dept. City Manager $1,980,00¢ vx.- Uflbbfl[ AI3ENDA ITEM I. 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 I, 2004 (Noon) [] Administrative [] Legal ..~ .<~::~ NATURE OF [] Announcement [] New Business ~:~ AGENDA ITEM [] City Manager's Report [] Presentation .g- ::o..< [] Consent Agenda [] Public Hearing "o [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: ~'~ Approve Permit No. 04-0248 for excavation and fill operation for the Carriage Pointe development. Approve acceptance of a cash surety in the amount of $22,000.00 (Twenty Two Thousand Dollars) for site restoration for the Carriage Pointe development. EXPLANATION: The site requires fill to bring it up to the required design elevation. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: f ~ffrey'-l~. Li ~x(e~d, P'.E. 0]ty Manager's Signature Public Works/Engineering Division Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLatGENDA ITEM REQUEST FORM.DOC · FEB!I 2 2(IR Examrr, .2,, ) eFILE. COPYe BUILDING DIVISION P~C~ tend~ ~m the Ci~ of Boston B~a~, ~y ~o, b~d ome~ o~ hei~ ex~uto ' te~s of ~e P~] ~ ~c~On of$~ld R~u~ ~mv~, a copy ofw~ch . m~ a pm horror; md ~~, it w~ one of~e co~tions of~d ~O~TIONS ~nd be ex~t~ -- ~ .... ~, ,..m t~JtmWltn~J[~eltj coupon ~e~der ~d ~cr ~e pl~ ~ere~ m~ tO, ~en ~s obUgaflon m be void; . ~e P~C~ md C~ a~ ~t ~e CiW ~r may, ~ ~t~, reduce ~e ~fial ~o~t stat~ above ~ ac~~ ~ ~e requ~en~ of said ~~~ONS. Page 1 of 3 , ' Tho PRINCIPAL unconditionally conv,mants and agr~ that if the ~ w;thiu the time '",,'~fiM b-. the PERMrr -.. -' PRINCIPAL fails to . * , . '-~..~--; ] ~zv~z, all Or al~ o ' ' · ~ ~ no~, ~ t~ cr~ or it. -,,.~--~--, ........ ~-- -"" "'-" ~'~ or of~oer. ~ at CITY'S o h~ . , ~L or ~ .uthorized or, pure.mt ~o public a4~ · _., ___. .... ,_ mp PR~. CIPAL S 'd 'V ' m~ ,~..vt~l~ oz mas, oluse to be !__,~_ ,~ lmpro :casa. m the c~ tho PRIlV ~r .,._.,., .._~.. . comp ___ ~h . · C'~PAL .uvmu ~mj m Or t~lu~ to ' : . th~ PERMIT. In tho event · ~ ~o ~u~h n~ht, e~ ~,gnqcn, · tho ~ ~ .ou~d_ ~xe,~e and tthigent costs, to er with . . engineering, legal, and goth any damage~ either direct or consequential whi ~ on aceount of the failure · . . , ch may b~ visions of the PERMIT. of the PRINCIPAL to carry out ann execute aH the terms and ~[a Florida corpora~on][~~orporation, ~d to do ', · - .. _. _ r bu la'oduoed _ .. ...~ as i~eatlon, and ~ corporation, and that the seal affixed tO tho fore~ing instalment b tho corporate seal of Page 2 of 3 pages ~' said coq~oration and that it was affzxcd to sa~d instnunent by due and regular corporate authority, .... -. and that~lstrument is the free' act and deed of said corporation. ,~ i mn~ssfon ~xpire~: ' i My ~ Do2~ee63 ~,.~.. ~,~,-uy :ruouc ' %'~,'/"~'"'~"~" ~(s~)Christine J. Smith ! : · I' ' '~$: BY: ADDR.ES$: ) ,,T_T~*~ o~, .... , ) · ..... ' .~pc,mvetyj as sdentificagon, and who executed the t'oresoin8 ' [m~"ent, and aCkn~'wledsed b[efore me that Ih*II, he][th.e,/] ex~ut~ ~d lnstnun~ for ~he purp~ : , ~$ my hand and o~ffc~al seal. thi~ day of' ~ 20.... l~ly conunission expL,~s: Notary Public , .... ($~) i VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM J. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to 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: A motion to approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUPMENT LIST" as submitted by Public Works/Fleet Maintenance Division (see attached Memo/t04-031). Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. ~ PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide inventory control maintena~tl~e at~C~ allow for receipt of revenues through a process monitored by Procurement Services. _'~ FISCAL IMPACT: The revenues generated from the sale of surplus vehicles;equipment will be placed in ~ Fi~ Maintenance Fund in the following account: ¢.~ ~'~ Revenue Account Number: Account Description: 501-0000-365-01.00 Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventories with higl~ maintenance costs which could conceivably impact operations due to down time for repairs. Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.D C: JeffLivergood - Public Works Director Bob Lee - Fleet Administrator Hoyt Johnson - Fiancne File FEB PU'BbtC,WORKS-DEPARTMENT- pROCOREME}II SERVICES MEMO~NDUM ~04-031 ~ TO: Bill Atkins, Deputy Director of Finance THRU: Jeffrey Livergood, P.E., Director of Public Works'o~ Chris Roberts, Deputy Director of Public Works ~ FROM: Robert H. Lee, Fleet Administrator ~J SUB J: Surplus Equipment DATE: February 24, 2004 The resources listed in this memorandum are surplus. Each unit has been replaced with a new, updated resource. We request the approval of the City Commission to sell these excess resources through local auction or over the Internet. ID# Make Year Model Type Vin# .... 0111 Ford 1994 F250 Utility 1FTHF25H8RNB52880 0112 Ford 1994 F250 Utility 1FTHF25HXRNB52878 0147 Ford 1994 F250 Utility 1FTHF25H7RNB49713 0301 Ford 1996 Cra-Vic 4Dr 2FALP71W5TX159435 ~ ~ ' 4909 Ford 1999 Crn-Vic 4Dr 2FALP71W5XX182149 8528 Toro 1996 Truckster Utility 60311 RL/aa VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 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 ~ c'~--.~ [] Code compliance/Legal Settlements [] Unfmished Business ~ RECOMMENDATION: A motion to award the balance of a "Three Year Contract for Financial Auditing Services" RFPg061-1410-03/CJD to: Caler, Donten, Levine, Druker, Porter & Veil, P.A. of West Palm Beach, Florida for th~iSca~t;~ years ended 9/30/04 and 9/30/05. ~ EXPLANATION: On May 20, 2003, Procurement Services opened eight (8) proposals for the Financial Auditing for the City of Boynton Beach. The proposals were reviewed by an audit committee, consisting of Finance Department personnel. Caler, Donten, Levine, Druker, Porter & Veil, P.A. received the highest ranking based on several criteria. At their July 15, 2003 meeting the City Commission voted to award a one (1) year contract to Caler, Donten, Levine, Druker, Porter & Veil, P.A. The audit team fi.om Caler, Donten, Levine, Dmker, Porter & Veil completed a very thorough audit of the City's books for the year ended 9/30/03. The team presented themselves in a very professional manner and worked well with City personnel. They always met the timelines set by Finance personnel. They assisted with the implementation of the new GASB 34 regulations. PROGRAM IMPACT: Renewing the audit contract with Caler, Donten, Levine, Dmker, Porter & Veil, P.A. would provide continuity that is necessary during a year in which the Director of Finance will be retiring and the Assistant Director overseeing the audit will be leaving the City. The Assistant Director will leave in March and the Director will leave in September. Having an audit team who is familiar with the operations of the City will greatly assist the staffin completing the 9/30/04 audit. Therefore I am requesting that the City Commission award the remaining of the two (2) years of the three (3) year RFP to Caler, Donten, Levine, Druker, Porter & Veil, P.A. FISCAL IMPACT: The total audit fee for fiscal year ending 9/30/04 is $84,850; and the audit fee for fiscal year ending 9/30/05 will be $87,450. ALTERNATIVES: Issue new audit RFQ. Department Head's SignatureDepartment Name ~/C~~y ss~Signature S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC · ''~ 'ty~6rney / Finance / Human Resources VIII.-PUBLIC HEARING' CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FOIl.. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] January 6, 2004 December l5, 2003 (Noon) [] March2,2004 Canceled Februaryl6,2004(Noo~ ~-< r--ll I 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 RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda under Public Heating. The Community Redevelopment Agency Board on March 9, 2004, tabled the proposed code amendments in order for staffto further consider and incorporate public input. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-028. EXPLANATION: PROJECT: Mixed Use Code Review (CDRV 04-001!~) 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: ~/~57 ~ ALTERNATIVES: Development D_j~enllJDirect0rTM City Manager's Signature PlannirTg and Zoj~(fn~ Director City Attorney / Finance / Human Resources SAPIanningkSHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L~Agenda Item Request Mixed Use Code Review CDRV 04-001 1st reading 3- 16-04.dot- S:kBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONI'NG DI'V~SI'ON HEHORANDUH NO. PZ 04-028 TO: Chairman and Members Community Redevelopment Agency Board THROUGH: Michael W. Rumpf ~~ FROM: Dick Huds~/~nior Planner DATE: February 3, 2004 SUBJECT: CODE REVIEW CDRV 04-001 Mixed Use Zoning Districts (MU-H & MU-L) PRO.1ECT DESCI~tFI'~QN Project: Proposed amendments to the Zoning Regulations for Mixed Use-High ]Intensity (MU-H) and Mixed 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 Woolbright 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 Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) zoning categories were adopted on June :t8, 2002. After eighteen months of working with these regulations, staff has determined that minor amendments are warranted to bring the regulations into closer conformance with the intent of the Federa/ H/qhway Corr/dor Corn/nun/b/ Redeve/op/nent P/an and to aid in their administration. The specific locations' where these district regulations may be applied are generally described as lands currently designated as Mixed Use (MX) and Mixed Use-Core (MXC) on the City's Future Land Use Map. ANALYSZS The proposed amendments to the Mixed Use zoning districts (see Exhibit "A") Include additions and changes to the following sections: Section 6.F.4-Table 6F-1 Schedule of Permitted, Pdndpal, Accessory and Conditional Us~. Uve- 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. 14 and 6.F. 15) to address location, design and other related aspects. It should be noted that, with the proposed changes, the majodty 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 Root 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 Rtness/Health Club, Hotel, Extended Stay Hotel, Live/Work Unit, and Theater. RECOMMENDA'I'[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\SPECPRO]\CODE REVTEW~CDRV HU-H HU-L\CDRVSTAFFREPTO4,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----,--o"~"- **'~--,~ Feder.".!...~u:"~' .... ...... ., r,~...a.~,. .............. ,,,~,h~, the Communi _ty Redevelopment Area. All development and redevelopment shall be guided represented by aa approved-corresponding site plan processed concurrently with the application 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 from, and design ofvehicul~owl~ d.....Al, low .fllibi~[ ~t~. ~i.gn ~m'l~n. tullq while maximizing compat~blhty an~~oPl~ withe 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 apphed to selected geographic areas east of 1-95, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through 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. Heights, densities and intensities of development are regulated according to the classification of the roadway determined to be the frontage of the property_. 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 estabhshed. 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 1 S:~Planning~SHARED\WP~SPECPROJ~CODE REVIEWkCDRV MU-H MU-L\Code strike&under2-25-04.doc new developments within this district that front on streets designated as "arterial" or "collector" roads~ways on the "Functional Classification of Roadways Map" contain a mixture of retail, office and/or residential uses arranged either vertically or horizontally. 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 ~ developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" roads~.wa~ on the unctwnal Classification of Roadways Map" and shall contain a mixture of retail, .- cot~ltan~l]~, ~or re~glentia:imn~s~,.~llg~l~n~l, be arran,,ed ~ o.r horizon~l e~t r~~s ar/~gnsitiln~~ c am geomph c eas to -1 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 footnote 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 I SUItEDULE OF PERMI'I'I'ED PRINCIPAI.~ ACCESSORY ANI) CONI)ITIONAL USES USE GROUPCLISE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Boutique Inn lq C_~ Hotel C P Home Occupation p p Mobile Home N N Motel N N Residential, Single F~ly Detached PC_ N Residential, Single Family Attached P Residential, Multi-Family p Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N 2 S:~Planning~SHARED\WPk~PECPRO.ELX)DE REVIEW~DRV MU-H MU-L~Code stn~c~und~r2-25-04.doc USE GROUP/USE MU-L ZONE MU-H ZONE Live/work Unit p~ p~ Communit~ Facilities Use Group MU-L ZONE MU-H ZONE Government Office/Civic Center/Library C Recreation (outdoor) P N Museum p p House of Worship pS N C~'~ Police or Fire-Rescue Station p4 p Postal Center (retail salesonly) c Post Office P Pt Public Park p p Public Parking Lot or Garage P p Office Use Group* MU-L ZONE MU-H ZONE * Not encourat~ed as a first floor use in the MU-H Zone Bank/Financial Institution C~ C~ Medical or Dental OW~=ml~lixfi~ ~, Physical TherapyClin~ · I ·· ~ , ]12 '' I 'pt Professional Business lticq~ · '~ k Veterinary Office or ~ ~l l~ .~l~ ..Ii- ~ N Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways._ AlcohOlic Beverage Package Store pO pO Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C-° N Animal Groomiog Animal Sales N N Antique Store pt pt Antique Mall/Flea Market N N Arts, Crafts, Hobby and Framing pt Pt Auction House N N Automotive Parts Sales N N Automobile Sales with Display Bakery, Retail pO pO BoatfMafine Sales/Rental N p~ Boat/Marine Accessories pO pO Bookstore pO pO Building Supplies or Materials N N Bus Terminal N New Clothing, Shoes or Accessories pO p~, Boutique Contractor's Office/F_quipment Storage N N Coffee Shop pO pO Convenience Store pO pO 3 S:~Planning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L~C. ode stn'ke&under2-25-04.doc USE GROUP/USE MU-L ZONE MU-H ZONE Custom Home Furnishinl~s pO pO Sales and General Commercial cont'd Cyber-caf6 pO pO Delicatessen pO pO Dive Shop and Instruction as Accessory Use pO p Drag Store or Ph~acy pn p3 Gasoline Sales with/without Vehicle Service CTM N Grocery Store, Supermarket p7 p7 Florist pO p~ Hardware Store pO pO Health Food Store pO pO Home h-aprovement Centers N N Lumber Yard N N Marina __C _CC Newsstand pO pO Outdoor Storage or D:'--'-~r__ ..... ~- , I "-- -,. ~ ~ N Parkiog Lot for Com~l:ia~.h~l~,: i ~ ~ ~ ~ ~ -- ,-- Il I 'N Parking Lot or Gacage~.iv~G~_ :ip i t ! · I c Personal Watercraft -S~,...~~ I,~ .l~ ~ ~ pO Parts or Repair Photographic Studio and Photographic G P o GP o Supplies - _ Restaurant, w/Drive Thru N N Restauraat, Sit-Down Gp_~o pC, Specialty Foods and Confections pO pO Spoiling Goods pO pO Tobacco and Accessories pO pO Vehicle or Mat'me 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/Warehouse/Distribution N N Service Use Group* MU-L ZONE MU-H ZONE * Where permitted within the MU-L Zone, only on lots fronting on major at. rial roadways. Barbershop/Beauty Salon/Day Spa pO pO Dance Studio pO pO Dressmaker or Tailor pO pO Drycleaner pO,~ pO,~ Fimess/ttealth Club GP_~* pO Funeral Home N N Hospital N N Labor Pool Establishments N N - Laundromat pO N Medical Outpafieul Facilit7 C~ C~ 4 S:~Planning~SHARED\WP~SPECPROJ~C'ODE REVIEW~CDRV MU-H MU-L~Code sMke&unde~2-25-04.doc USE GROUP/USE MU-L ZONE MU-H ZONE Nursery, Preschool or Child Da)rcare pO N Service Use Group cont'd MU-L ZONE MU-H ZONE Nursing or Convalescent Home N N Photocopy Center Self-Storage or Mini Warehouse NC~4 N Shoe Repair pO pO Soup Kitchens;/Substance abuse Centers/ N N Shelters/Half-way Houses Tattoo Parlor/Body Piercin~ N N Entertainment Use Group* MU-L ZONE MU-H ZONE' * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Adult Entertainment N N Bar, Cocktail Lounge C-~ p~ Billiard Club/Bowling Alley/Indoor Ca pO Recreation Facility Bingo Hall ~ "l-n .~ ~~ ~ ~ N Fortune Teller1 Movie Theater l NightClub ~ .i,. Ik~' .,l~..]l.. ~ C Performing Arts Theater N P Private Clubs, Lodges and Fraternal C° C Organizations Accessor,[ Use MU-L ZONE MU-H ZONE Drive-Thru Facility (other than accessory C~ N use to financial institutions and restaurants) Restriction Notes: 1 Must be an integral part of a mixed-use development comprising a maximum of 30 percent of the gross floor area of the entire development. 2 For those with frontage on an arterial mad, 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 commemial 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. 5 SSPlanning~SHARED\WP~SpECPROJ~CODE REV~W~DRV MU-H MU-L~Code strike&under2-25-04.doc s On-site drop-off and pick-up only. 9 Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Ingress/egress shall not be fi'om/to an arterial roadway. 20 Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline or gasoline products. 2! Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). 22 Indoor storage/display shall not exceed 10,000 square feet. 23 In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. L4 See Section 14 for regulations. l~_s See Section 15 for regulations. 5. Buildin$ and site re~ulafions. Minimum Parcel Size MU-L ZONE MU-H ZONE Residential Or Lodgh, g Use Group Hotel · I · '· ,~ .... ·-.-~· I · 3acres* *or is part of a mixed use d~ioi;,~i ~ !0~ ~.~ acr~.~ I 2 · Residential, _Sin .e Farrfi'! Dc--~ Residential, Sin..E, le Family D~w/A~-~( ~-t. k~ __--~ Residential, Sinl~le Family Attached '/,500 sq. ft. 65,000 sq. ft. .Residential, Multi'F~mmily 15,000 sq. fl. 20,000 sq. ft. Community Facility Use Group Public Park no minimum no minimum Ail other Uses 10,000 scI. ft 10,000 scl. ft, Minimum Living Area MU-L ZONE MU-H ZONE Single Family Detached 1,000 sq. ft. -- All other Residential 750 sq. ft. 650* sq. Accessory Apm~mient 750 sq. fi .... * Size of all units rm~_st average 1,000 sq. it. Minimum Lot Frontage MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Sin~e Family Detached 50 ft. _ Residenlial, Single Family Attached (Duplex) 75 ft ___ Residential, Single Family Attached (Townhome) 25 ft ___ Residential, Multiple-Family 100 ft. 100 ft. AH Other Uses 100 ft. 100 ft. 6 SAPlanning~SHARED\WP~SPECPROACODE REVIEW~DRV MU-H MU-L~?.ode slrike&under2-25-04.doc Maximum Height MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 fl. --- Residential, Single Family Attached (Duplex) 35 fl --- Residential, Single Family Attached (Townhomes) 35 ft 45 ft. Locationai Requirements for Height~ Densi ,ty and Floor Area Ratio* All Other Uses Tree Of Zonin~ Districts Roadway MU-L ZONE [ MU-H ZONE Frontage HeightI ] Densi,ty FAR2I Height1 Density FAR2 Arterial 753-1003,4 ft [40 du/ac 1.5-2.0 150 ft.3, 80 du/ac 4.0 Collector 45-75' ft ~ 20-40 du/ac 1-1.5 150 ft.' 80 du/ac 4.0 Local Collector 45 ft l~ ~0 d,,~ 1.0 a xTn xTO NO Local NO I - Nq _l f r iN , No L Minimum Height on any s~.t fl-~l~,~ [¢ee, L ~ 1 J 1 2. Inch,des all habitable smc-~,e' ~!~ l~id~ '~ ,! ~:!~.l parldn?~actures) 3. Maximum height of front facade is 45 ft. above which building must step back a minimum 10 ft. ef stepb~ for every each additional 50 ft. of height. 4. May increase to the maximums, subject to conditions to minimize design and land use incompatibilities. 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 --- , , 15% Residential Or Lodging Use Group Residential, Single Family Detached 40% --- Residential,' Single Family Attached 30% 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. z 0-15 ft. All Other Uses inclucling mixed use with a single-family 0 ftor 10 ft3 0 fto~ 1015 ft4 attached component~build-to line - 7 SAPlanningkgHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L~Code sWike&under2-25q)4.doc Porches maybe placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Pomhes 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 :h"?,l may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from 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 in compliance with Section 9.(d) Landscaping (below). " ' SIDE YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single F~nily Detached, Interior 6 ft. Corner 15 fl ___ · · m_ft.. r · Residential, single Fami~ es 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-H ZONE Residential Or Lodging Use Group All Resideniial, Where Yard is Adjacent to Intracoastal Waterway 25 ft. 25 ft. Residential, Single Family Detached 7.5 ft .... Residential, Single Faafily Attached 7.5 ft. __ Residential, Multi-Family 25 ft. z 0 ft. All Other Uses Where Yard is Adjacent to Intracoastal Waterway 25 ft. 0 Whe~-e Yard is Adjacent to Residential Single Family 25 ft. z 25 fl. Attached or Detached Where yard is Adjacent to All Other Uses 0 ft. 2 0 ft. ~ subject to requirements of any permitting agency having jurisdiction over consUuction abutting the lntracoastal Waterway. 2 plus one additional foot for each foot of height over 45 fi. where w/thin or abutting the MU-L Zone ~ F/fleen (15) feet abutting a street, l0 feet abutt/n§ an alley. 8 SAPlanning~SHARED\WP~SPECPROJ~CODE REVIEW~DRV MU-H MU-L~Code sln'ke&under2-25-O4.doc 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 corner side setbacks and clearance needed for a drive that may be required to access the rear of the property. Access. Within the MU-H and MU-L Zones, vehicular access to parking shall not be directly from an arterial rO'alllrl~f m~Wmative is~vailal~l'~q ~ 1 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. 9 S:~Pianning~SHARED\WP~SPECPRO~ODE REVIEW~CDRV MU-H MU-L~Code stfike&undc~2-25-O4.doc 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 constructed along arterial roadwa~ shall be a minimum often (10) feet wide, measured from the rear of curb. · Sidewalks shall, where practical, be Holland-$tonepavers, 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 nlants, flower 910. 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 1 li 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 Sd. 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 bo 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 ofcalcnlating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: 10 S:~Planning~HARED\WP~SPECPROJ~2ODE REVIEWV2DRV MU-H MU-L~,ode stn~e,&unde~2.25.04.d°c 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 Parking", 1983) c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, freestanding single-use parking garages shall not exceed 75 fee'll'll~t,"l~l not li~tve .6tr~_ ~ynton Beach Boulevard, Ocean Avenue or F~ralighlt~l~less ~ortl'ollf~e garle abutting said streets, contains storefronts, re .~ana~gr .~l~~. e~'al, us_~_n. ~e first floor. The intent is to border or wra~g~lll~or~l~od~ ~ittodal~bitable 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 throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, abutting on arterial roadways, are required to be developed for commercial uses to a minimum depth of twenty (20} feet. All other visible sides of the parking structure shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated faCade designed to screen the parking area. e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 11_._~. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 12___~. 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 S:~Planning~SHARED\WP~SPECPROJ~CODE REVIEW~DRV MU-H MU-L~Code s~ike,&under2-25-04.doc 13J. Signage. Chapter 21 shah govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. storage Design Requirements. a. Location o_fse!f-storage use. Self-storage uses sh_a!l only be allowed above, the first floor in a mixed-use structure. b. Ground-floor retail uses required. Street frontages of the ground floor ar¢~ shall be devoted to one or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20) feet. c. ~lccess to sel_f-~torage£acilities. Access to self-storage use portion of the, structure shall not be from/to an arterial roadway and must be screened public right-of-way. d. Desi o buildin ~. Buildin s shall be desi ed to have the a earance of a multi-sto ' resid rial e use of wmdow~ 15. Live/Work Unit Requirements. a_ Minimum Floor ~lrea. The minimum floor area of a live/work unit shall be, one thousand (1,000) square feet. b. Permitted_floor ~lrea. No more than 30% or four hundred (400) square feet. whichever is greater, of the live work unit .qhall be reserved for living: space. including kitchen, bathroom, sleeping and stOrage areas. The rest of the gros:;. floor area of each unit shall be reserved and regUlarly used for working space c. Separation Required. Each live/work unit shall be a separate unit from othei- 'uses in the building. Access to ca_eh live/work unit shall be provided froi~; common access areas, common halls or corridors, or directl¥ from the exterior of the building. d. Parking. Each live/work unit shall be provided at least two and one half(2 ½) parkin~ s~aces. e. Permitted Work Activity. The work activity in a building where live/work units are allowed shall be any use permitted by right in the zoning district. exceot that in order to protect the health and safety of persons who reside in live/work unit, no work activity shall be permitted that_ by virtue of size, intensity, number of employees or the ~a~e of the operation~ hs~ thc, potential to create si..enlficant impacts by reason of dust, glare, heat~ noise~ .noxious gasses~ odor, smoke, traffic~ vibration or other impacts, or would bc hazardous by way ofmot_erials, process, orodoct or wastes. 12 S:~°lanning~SHARED\WP~SPECPROJ~CODE REVIEW~DRV MU-H MU-LV?.odc strike&under2-2$-04.doc f. Occupational License Required. At least one c. ee::pa,-~ resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. g. No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. h. No Conversion of Units. No live/work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live/work units in a single structure to exclusively residential use shall be, where the work portion of the units is the only commercial use in a Project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. -1416. Definitions. pl e only to the 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 fee~. 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 from their primary residence for less than 24 hours per day. The tei-ai 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 S:~Planning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-LK?ode stn'ke&amde~-25-04.doc 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 fi.om a few minutes up to a full day. Fitness/Health Club: A commercial recreation and entertainment facility or private club which hag a,: a PRINC~ USE a _gymnasium~ swimming pool or other sports facility and which may offer massages; whirlpool baths, steam rooms, saunas or medical facilities as ACCESSORY USES to the PRINCIPAI. USE. 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. Hotel: A building or portion thereof containing twenty (20) or more guest room.q efficienc_¥ units or suites designed for the temporary_ lod~ng of transient guests rented on a daily basis and occupied for less than thirty_ (30) days. Ancillary_ facilities may include conference facilities, restaurants, bars, recreation facilities, ballroom~q, banquet moms and meeting room.q. A~ess te the guest quarters shall be through an inside lobby and corridors or fi.om an exterior court whicl is within a secured area. Hote[, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and mon, than 5% of its rooms are occupied for at least thirty (30) days and no more than one hundreat and ei_e. ht¥ (180) days. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Live/Work Studio: A commercial unit with incidental residential accommodations occupying _o. ne (1) or more rooms or floors in a building primarily designed and used for commerces! occupancy and providing~ 1. adeq-ate working spaced reserved for commercial use and regularly used for such purpose by one (1) or more persons residing in the studio; and, 2. livin,3 space containing, but not limited to, a sleeping area, food preparation area with reasonable work .space and a full bathroom. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. 14 S:~Planning~SHARED\WI~PECPROJXCODE REVIEW\CDRV MU-H MU-L~odc ~mt.c&tmdcr2-254)4.doc 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 of ten (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. 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' P°°l and billiard halls' ganl~ R°mP~fi~Tdi°s' c°urt sp°rtsand swimming pools. ' units cannot Residential, Multi-Family: ,~lIli]~hg.!lL~ee~o~iore dwe_lig that 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. Theater: A building or outdoor structure expressly designed for the presentation of plays, operas, music concerts, motion pictures, etc. 15 S:XPlanninskSHARED\WP~SPECPROJ~CODE REVIEW~DRV MU-H MU-L~xtc strike&unda-2-25-04.doc VIZI.-PUBLZC HEAR.i[NG CITY OF BOYNTON BEA e. AGENDA ITEM REQUEST l 'tS Vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 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 on the March 16, 2004 City Commission agenda under Public Hearing. Staff-recommends this item be approved, which is necessary to continue the processing of the Notice of Intent and plan for code amendments relative to non-residential uses in single family residential zoning districts. EXPLANATION: Notice of Intent (Resolution No. R04-028) to adopt pending Land Development Amendment - Single Family Residential Zoning Districts. The Notice of Intent (NOI) for this planning study was approved by the Commission on February 17, 2004. Pursuant to Ordinance 00-53, which established the NOI process, at the next Commission meeting following approval of the NOI, a public hearing will be held to provide the format for the public to address the City Commission relative to a filed NOI. In follow-up to the execution of the Zoning in Progress (ZIP) resolution, staffis prepared to initiate amendments to the Land Development Regulations revise the standards and requirements for non-residential uses in single family zoning districts. The Notice of Intent is in effect for 6 months, which is anticipated to be adequate time to complete the analysis and formulate any necessary reconm~endatious. PROGRAM IMPACT: N/A. FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject Notice of Intent and redirect staff accordingly Develo~nt Dllpar~ent Director City Manager's Signature Planning and Zoq~b~Director City Attorney / Finance / Human Resources S:XPlanningXSHARED\WPXSPECPROJ~Zoning in Progress~lO12004-2XAgenda Item Request Form NOI Public Hearing 3-16-04.dot RESOLUTION NO. R04-E)9..~ 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 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City administrative staff has requested Commission approval to issue a ice 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 limitations 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 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 development activity proposed within the study area will be accepted or processed; and WHEREAS, this Notice Of I~te-n-t'-wil'l-be in effect from the date of adoption and :\CAkNofice of IntentXNotice of Intent Reso - Non-residential Uses.doc O/2004 for a period r.._.~t t3 e:cceed, 180 days following the date of adop. ti. or~ unless otherwise by the City Commission by subsequent Resolution following public heating. 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 th'e 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 Intent. Section 5. No application for development activity or amendment to an previously filed within the scope of the study shall be accepted by the City g the date of adoption of this Resolution and during the study period. ]:\CAhNotice of lntenth~Iotice 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-I-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:~,Documents and Scttings~Jamannar.~al S~ttings\Tcmporary lnternet Fil~s\OLK120~O1 20044)2.doc "' One ttm~d~cd 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 t~ c~OOq Adopted by Resolution number R04- O~l[I of the City Commission of the City of Boynton Beach, Florida the t'/ day of_~l~ 200__q. of the City Clerk CADocUments and Setfingsklanmnnm. C~al Settings\Temporary Internet lmfles~OLKl20~OI 2004-O2.doc PASSED AND ADOPTED this I"? day of February 2004. ;:XCAhNotice of IntentXNolice of Intent Re. so - Non-residential Uses.doc 2/10/2004 SINGLE FAMILY RESIDENTIAL ZON;NG DISTRICTS -~ sw · LEGEND N Single Family ReSidential Districts 0..1~,0~,000 4[000 ~000. srO~eet NOTICE OF INTENT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH will hold a PUBLIC HEARING during their regular City Commission meeting to be held at the BOYNTON BEACH COMMISSION CHAMBERS located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, March 16, 2004 at 7:00 p.m. or as soon thereafter as the agenda permits. This PUBLIC HEARING will be held to allow members of the public the opportunity to address the City Commission regarding the "NOTICE OF INTENT" to adopt pending amendments to the zoning code and development regulations. Pursuant to Ordinance 00-53 (Chapter 1, Article XI of the Land Development Code), said Notice of Intent was adopted by Resolution No. R04-028 on February 17, 2004. The "NOTICE OF INTENT' represents a formal announcement of a period during which time no applications will be accepted relating to the development of non-residential uses in single-family residential zoning districts within the city. The "NOTICE OF INTENT" is to be in effect for a period of six (6) months beginning February 17, 2004 and is intended to provide time to evaluate existing regulations and to develop anticipated amendments to the Land Development Regulations as follows: Chapter 2, Zoning, Section 5.A. R-l-AAA Single Family Residential District; Chapter 2, Zoning, Section 5.B. R-1-AAB Single Family Residential District; Chapter 2, Zoning, Section 5.C. R-l-AA Single Family Residential District; Chapter 2, Zoning, Section 5.A. R-I-A Single Family Residential District; and Chapter 2, Zoning, Section 5.A. R-l- Single Family Residential District. These amendments may provide Iocational requirements for non- residential uses permitted in single-family residential zoning districts, provide additional buffering and landscape requirements for non-residential uses, and require additional roadway improvements for non-residential uses that increase traffic in single-family residential developments. S:\Planning~SHARED\WFRSPECPRO,RZoning in Progress~NO12004-Z:RNOTICE OF PUBLIC HEARING NON-RES IN RES.doc VIII.-PUBLIC HEARING ITEM C. 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)o [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noo~ [] January 20, 2004 January 5, 200n (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 on the March 16, 2004 City Commission agenda under Public Hearing. Staff recommends this item be approved, which is necessary to continue the processing of the Notice of Intent and plan for code amendments relative to rezoning of property from single-family residential zoning district to a mixed use zoning district. EXPLANATION: Notice of Intent (Resolution No. R04-029) to adopt pending Land Development Amendment - Mixed Use Zoning Districts. The Notice of Intent (NOI) for this planning study was approved by the Commission on February 17, 2004. Pursuant to Ordinance 00-53, which established the NOI process, at the next Commission meeting following approval of the NOI, a public hearing will be held to provide the format for the public to address the City Commission relative to a filed NOI. In follow-up to the execution of the Zoning in Progress (ZIP) resolution, staff is prepared to initiate amendments to the Land Development Regulations revise the standards and requirements for the rezoning of property from single-family residential zoning districts to mixed use zoning districts. The Notice of Intent is in effect for 6 months, which is anticipated to be adequate time to complete the analysis and formulate any necessary recommendations. PROGRAM IMPACT: N/A. FISCAL IMPACT: N/A ALTERNATIVES: N~/~ove subject Notice of Intent and redirect staffaccordmgly ~ Develol~'~n~)epa~t~n~nt Director City Manager's Signature ' Pian~ng and z/~r~Director City Attorney / Finance / Human Resources S:XPIanningXSHARED\WP~SPECPROJ~Zoning in Progress~NO12004-03 MU-LXAgenda Item Request Form NOI Public Hearing 3-16-04.dot 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 Notice of Intent to allow the staff to study and review the impact of multi-family and non- residential uses allowed as permitted or conditional uses in areas designated Mixed Use on :he City's Future Land Use Map to determine if amendments or modifications are needed ~vith respect to requirements for limitations of use, minimum lot size, height limitations, limitations 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; and WHERAS, the Commission has authority to initiate the review process by adoption of this Resolution and issuance of a Notice of Intent; and WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a formal announcement of planning activities and zoning in progress, and the announcement of a zoning in progress period during which time no applications related to non-residential S:\CAXNotice of IntenfcNotice 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 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 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 HI, 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 disapprove further processing of the proposed regulation study period described in the Notice Section5. No application for development activity or amendment to an application previously filed within the scope of the study shall be accepted by the City tg the date of adoption of this Resolution and during the study period. ::\CAhNotice of IntentLNotice 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:XDocunleilt$ and Settillgs~Ja~nnar. ClTYXLoc~ Settings\Temporary latemet Files~OLK 120'~NOI 2004-03 MU-Ldoc 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- O&~ of the City Commission of the City of Boynton Beach, Florida the 1"7 day of~--~-,bruat~ 200d__. fJic~ Of the City Clerk C:kDocuments and Settlngs~lamnnn~ ~al Se~tings\Tc-mpom, y Internet Ftles~LK120~Ol 2004-03 MIJ-L. cloc pASSED AND ADOPTED this I'-/ day of February 2004. CITYpF BOYNTON BE~., ~Cff, FLORIDA 5~mmis~i'°ner lerk of Intent~Notice of Intent Reso - Mixed Use Districts.doc FUTURE LAND USE MAP: MIXED USE LAND USES ~-i ~'--] ; ~ i N LEGEND W~E Mix~ use land uses NOTICE OF INTENT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH will hold a PUBLIC HEARING during their regular City Commission meeting to be held at the BOYNTON BEACH COMMISSION CHAMBERS located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, March 16, 2004 at 7:00 p.m. or as soon thereafter as the agenda permits. This PUBLIC HEARING will be held to allow members of the public the opportunity to address the City Commission regarding the "NOTICE OF INTENT" to adopt pending amendments to the zoning code and development regulations. Said Notice of Intent was adopted by Resolution No. R04-029 on February 17, 2004, pursuant to Ordinance 00-53 (Chapter 1, Article XI of the Land Development Code). The "NOTICE OF INTENT' represents a formal announcement of a period during which time no applications will be accepted relating to rezoning from single-family residential to mixed use within the city. The "NOTICE OF INTENT" is to be in effect for a period of six (6) months beginning February 17, 2004 and is intended to provide time to evaluate existing regulations and to develop anticipated amendments to the development regulations as follows: Chapter 2. Zoning, Section 6.F. Mixed Use Zoning Districts. These amendments may provide mil~imum acreage requirements for the rezoning of property from single-family residential to mixed use zoning district, provide additional buffering and landscape requirements for mixed use developments, and place additional height limitations on mixed use development proximate to existing single- family residential development. S:\Planning\SHARED\WI:~SPECPROJ~Zoning in Progress~lO12004-03 MU-L\NOTICE OF PUBLIC HEARING SELF-STORAGE.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEACI ITEH D. AGENDA ITEM REQUEST FO~.~._ -- Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office 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) January6,2004 DecemberlS, 2003(Noon) [] March 2, 2004 Canceled Febrnaryl6,200n(Noon~ [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] adminis~xative [] Legal ~.. NAT,.,-RE OF [] ouncement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~.... [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda under Public Hearing, Legal, Ordinance - First Reading. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-045. EXPLANATION: PROJECT: Suburban Mixed Use Zoning District (CDRV 04-002) AGENT: City-Initiated DESCRIPTION: Request to amend Chapter 2. Zoning to establish a Suburban Mixed Use (SMU) zoning district to support and enhance development and redevelopment opportunities in suburban areas outside of the downtown redevelopment area. PROGRAM IMPACT: FISCAL IMPACT: ~ / ~ ALTERNATIVES: ~~ Developm~m(Depad~ent Director t ~ity Manager's Signature S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 1 .ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF B OYNTON 4 BEACH, FLORIDA AMENDING LAND 5 DEVELOPMENT REGULATIONS, CHAFFER 2 6 ZONING, SECTION 6. CREATING A NEW 7 SUBSECTION "G" ESTABLISHING A SUBURBAN 8 MIXED USE ZONING DISTRICT FOR THE PURPOSE 9 OF ENCOURAGING THE INTEGRATION OF USES 10 WITHIN MIXED USE PROJECTS ~ALONG SELECTED 11 ROADWAY CORRIDORS WEST OF 1-95; PROVIDING 12 FOR CONFLICTS, SEVERABILITY, CODIFICATION 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, the proposed addition of a Suburban Mixed Use zoning d/strict to 16 III of the City of Boynton Beach Code of Ordinances is a staff-initiated 17 mdment to the Land Development Regulations; and 18 WHEREAS, the City Commission deems the adoption of this Ordinance to be 19 .n the best interests of the citizens and residents of the City of Boynton Beach, 2O 21 NOW TI-IEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are tree and correct and are now 24 and confirmed by the City Commission, 25 Section 2. That Chapter 2, Zoning, Section 6. "G" is hereby amended by 26 the words and figures as follows: 27 28 SMU - Suburban Mixed Use Zoning District 29 1. Intent and Purpose. The Suburban Mixed Use zoning d/strict, which 30 only be applicable to lands located west of 1-95, allows for a diversity of land 31 and accommodates and encourages a mixture of residential, office, retail, 32 and other miscellaneous uses, which may be arranged either vertically or ~:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-O4.DOC 1 1 t on assembled parcels along major arterials outside of the downtown 2 district. All devel~e~[ and redevelopment shall be guided by an. 3 through the use of the SMU master plan, planned unit development, 4 use, or other site plan review processes. 5 6 ectives of the Suburban Mixed Usezoning district is as follows: 7 a. Support and enhance development and redevelopment efforts in 8 ;uburban areas outside of the downtown redevelopment area; 9 b. Create major new mixed-use areas in planned locations with 10 densities, heights, and mixtures of uses; 11 c. Create attractive pedestrian environments through appropriate 12 from and design of vehicular circulation areas; 13 d. Provide public plazas and gathering places that are both well- 14 and integrated into the overall design of the development; 15 e. Allow flexibility in architectural design and building bulk; while 16 'zing compatibility and harmony with adjoining development; 17 f. Create higher quality environments for residents, businesses, 18 and visitors; and 19 g. Encourage innovative design that achieves vertical and horizontal 20 of uses. 21 22 2. SMU - Suburban Mixed-Use Zoning District. 23 24 a. In order to complement the redevelopment and envisioned 25 the suburban area, the SMU zoning district shall only be applied to lands 26 classified as Development Regional Impact (DRI) or other land use 27 ons subsequently established on the Future Land Use Map. 28 29 b. The SMU district is appropriate for low- to mid-rise 30 that provide for medium density residential uses. The district allows a 31 height of fifty-five (55) feet and a residential density of 20 dwelling units 32 acre for mixed-use projects. Building heights between 55 feet and up to 75 feet to 33 of the structure or any architectural details may be allowed only for interior 34 buildings separated from property line by another project building or 35 as a conditional use. The review of these applications will 36 aesthetics and design quality, and physical compatibility with adjacent 37 [and uses. All new suburban mixed-use developments within this district shall front 38 a major arterial and contain a mixture of retail commercial, office and residential 39 40 41 3. Permitted Uses. The following table identifies the permitted, restricted 42 es within the Suburban Mixed Use Zoning District. Uses are 43 as Permitted "P", Conditional "C" or Not Permitted "N". Uses permitted 44 restrictions are followed by a numeral that corresponds to a footnote below the 45 Each footnote explains restrictions associated with the use. The Planning and S:\CA\Ordinances\Suburban MiXed Use Ordinance Revised 2-25-04.DOC 2 1 Director or designee shall have the discretion to approve uses that are not 2 ~aifioal}¥ listed but are~imilar to uses-flvat ai'eexpress-iy pernfitted, 3 ;:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 3 1 TABLE 6G4 SCHEDULE OF PERMITTED PRINCIPAL~ ACCESSORY AND CONDITIONAL USES USE GROUP/USE SMU ZONE Residential or Lodging Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family p Temporary Sales Office P Temporary Model Residences P Boarding and Rooming House N (except where provided by state law) Accessory Unit · p Government Office/Civic Center/Library ~ Recreation (outdoor) C Museum p House of Worship p1 Police or Fire-Rescue Station P Postal Center (retail sales only) 1>2 Post Office p Public Park p Public Parking Lot or Garage P Office Use Group SMU ZONE Banks, Financial Institutions p2, 5 Medical or Dental Cli,nic 1>2 Medical or Dental Office p2 Physical Therapy Clinic 1>2 Professional Business Office 1>2 Real Estate Office 1>2 Veterinary Office or Clinic 1>2 Sales and General Commercial Use Group SMU ZONE Alcoholic Beverage Package Store 1>2 Ammunition or Firearm Sale or Rental N Animal Boarding or Kennel (indoor only) 1>2 , Animal Grooming p2 Mixed Use Ordinance Revised 2-25-04.DOC 4 USE GROUP/USE [ - SMU~ZONE Sales and General Commercial Use Group -S1¥~ ZONE Animal Sales/Pet Shops w/Veterinary Facilities p2 Antique Mall/Flea Market N Arts, Crafts, Hobby and Framing p2 Auction House N Automotive Parts Sales w/out Service p2 Automobile Sales with Display N Bakery, Retail 1>2 Bicycle Shop p2 Boat/Marine Sales/Rental N Boat/Marine Accessories p2 Bookstore p2 Building Suppliesor Materials N Bus Terminal N Camera and Audio Video Equipment p2 Contractor's Office/Equipment Storage N Coffee Shop 1>2 Convenience Store 132 Custom Furnishings and Antique Stores p2 Cyber_caf~ 132 Delicatessen p2 Department Store <80,000 s.f. P Department Store >80,000 s.f. C__~7 Dive shop and Instruction as Accessory Use p2 Drug Store or Pharmacy p6, 2 Gasoline Sales with/without Vehicle Service N Grocery Store, Supermarket p3 Fitness Center 1:'2 Florist 1,2 Furniture Store 1>2 Hardware Store p2 Health Food Store 132 Home Improvement Centers C.__~v Household Appliances and Parts p2 Jewelry or Cosmetics Store 132 Linen and Household Goods 132 Luggage, Purses and Personal Gear 132 Lumber Yard N Membership Club C_~7 Music Store 1>2 New Clothing, Shoes or Accessories p2 Newsstand p2 Mixed Use Ordinance Revised 2-25-04. DOC 5 ,USE GROUP/USE SMU ZONE Sales and General Commercial Use Group S~v~t~C ZONE' Office Supplies 1:,2 Outdoor Storage or Display ~- Parking Lot for Commercial Vehicles N Parking Lot or Garage, Private Ownership P Personal Watercraft Sales, Rental, Service, Parts or p2 - Photographic Studio and Photographic Supplies p2 Restaurant, w/Drive Thru C' Restaurant; Sit-Down p Specialty Foods and Confections 1>2 Sporting Goods ~ Television, Radio, Video and Stereo Equipment ~ Tobacco Accessories 1>2 Toy Store ~ Vehicle or Marine Custom/zing, Detailing, Service, -~' Parts or Repair -- Video Rental p2 Wholesale/Warehouse/Distribution '~- ,Service Use Group SMU ZONE Barbershop/Beauty Salon/Day Spa p2 Dance/Martial Arts Studio ~ Dressmaker or Tailor ~ Drycleaner p2,~4 Fitness Club 1:,2 Funeral Home N Hospital N Labor Pool Establishments N ,Service Use Group cont'd SMU ZONE Laundromat 1,2 Medical Outpatient FaCility ~- Nursery, Preschool or C ,hild Daycare ~ Nursing or Convalescent Home N Photocopy Center p~ Self-Storage or Mini Warehouse C Shoe Repair ~ Tattoo Parlor/Body Piercing ~- Soup Kitchens/Substance abuse Centers/ ~ Shelters/Half-way Houses -- 1 ;:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 6 1 ....... USE GROUIYUSE~ ......... SMU ZONE Entertainment Use Group SMU ZONE Adult Entertainment N Bar, Cocktail Lounge Billiard Club/Bowling Alley/Indoor P Recreation Facility Bingo Hall N Fortune Teller N Movie Theater p2 Night Club C Performing Arts Theater P Private Clubs, Lodges and Fraternal C2 Organizations Accessory Use SMU ZONE Drive-Thru Facility (other than accessory C___~5 use to financial institutions, pharmacies and restaurants) 2 3 Notes: 4 Use shall be subject to the following distance separation requirements from similar 5 uses, measured in a straight line, using the shortest distance between property lines: 6 For uses with less than 5,000 square feet of gross floor area, 750 feet. 7 For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 8 feet. 9 Must be integrated into a commercial or mixed use development and for any single 10 business, not exceed 30 percent of the gross floor area of the mixed-use development. 11 Gross floor area of grocery store must be a minimum of 20,000 square feet and a 12 maximum of 80,000 square feet. 13 On-site and pick-up only. 14 Drive-thru facility, including stacking lanes, must be screened from public right-of- 15 way and requires conditional use approval. 16 Indoor storage/display shall not exceed 20,000 square feet. 17 Maximum footprint is 120,000 s.f. Elevations to be enhanced with appropriate 18 design elements to break up large wall expanses (i.e. articulation, windows, columns, 19 varied rooflines, etc.). 20 21 4. Building and site regulations. 22 Minimum Parcel Size SMU ZONE Residential or Lodging Use Group Hotel 3 acres~ Residential, single Family Detached 5,000 sq. ft. Residential, Single Family Detached w/Accessory 7,500 sq. ft. Unit ;:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 7 Residential, Single Family Attached 2,500q. ft. Residential, Multi-Family ~ :"-' :' - .... 15,000 sq. ft.' Community Facility Use Group Public Park no minimum All other Use 10,000 sq. ft. Minimum Living Area SMU ZONE Single Family Detached 1,200 sq. ft. All other Residential 750 sq. ft. Accessory Apartment 750 sq. ft. Minimum Lot Frontage SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. Residential, Single Family Attached (Duplex) 75 ft. Residential, Single Family Attached (Townhome) 20 ft. Residential, Multiple-Family 100 ft. All Other Uses 100 ft. Maximum Height SMU ZONE Residential Or Lodging Use Group Residential, Single Family DetaChed 35 ft. Residential, Single Family Attached (Duplex) 35 ft. Residential, Single Family Attached (Townhomes) 45 ft. Residential, Multi-Family 55 ft.2 1 2 Mixed Uso Ordinance Revised 2-25-04.DOC 8 1 ....... -'---' ........ Maximum Heighh continued SMUZONE'- All'Other Uses 55 ft.2 Minimum Height 35ft.3 (25 ft)4 Maximum F.A.R (excluding parking structures) 1.0 Maximum Density 20 du/ac 2 ~ Or part of a mixed use project at least 3-acres in size 3 2 Maximum of 75 feet to peak of the structure or any architectural details, with 4 conditional use approval. Setback from property boundary is a minimum of 225 5 feet, and building shall be separated from property line by another project building 6 of at least 35 to 50 feet in height. 7 3 Applies to any faqade with "arterial roadway" frontage. Multiple story bUildings are 8 encouraged along arterial roadways. The intent of this provision is to create the 9 appearance, or simulate the intensity of, a minimum two (2)-story building. 10 4 Conditional, based on percentage of structures Proposed below the 35 ft minimum. 11 MINIMUM PREVIOUS AREA SMU ZONE Residential, Single Family Detached 40% Residential, Single Family Attached 30% All Other Uses 20% 12 FRONT YARD SETBACK SMU 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' 4 All Other Uses including mixed use with a residential 10 ft.3' 4 component - build-to line 13 14 Porches may be placed forward of the build to line and shall maintain a minimum 2 15 foot setback from any public sidewalk. Porches shall be placed outside of clear sight 16 triangle. Minimum setback for a garage facing or accessing the street is 20 feetl 17 Where tess than 20 feet, garage access required from side or rear. 18 such as awmn t ~orches and/or stoops may be placed 19 forward of the build-to line and shall maintain a minimum 2-foot setback from any 20 public sidewalk. 21 One or more projecting feature(s) such as awnings, balconies, colonnades porches 22 and/or stoops required forward of the build-to line and shall maintain a minimum 5- 23 foot clearance from any vehicular use area. Elements projecting over a pedestrian 24 walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal 25 pedestrian clearance. 26 Front yard build to line along major arterial roads, a maximum of 90 feet inclusive of 27 a 25-foot landscape buffer. 28 ~:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 9 · !,SIDE YARD .................... SMU ZONE. Residential Or Lodging Use Group Residential, Single Family Detached, Interior 7 ½ ft. or 0/10 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 ft. Residential, Multi-Family 10 ft.~ All Other Uses 0 ft. All Other Uses Adjacent to Residential Single Family 25 ft.~ Attached or Detached in the SMU Zone 2 REAR YARD SMU ZONE .Residential Or Lodging Use Group Residential, Single Family Detached 7.5 ft. Residential, Single Family Attached 7.5 ft. Residential, Multi-Family 15 ft. All Other Uses Where Yard is Adjacent to Residential Single Family 25 ft. Attached or Detached Where yard is Adiacent to All Other Uses 0 ft. 3 4 5. Mixed Uses. Buildings containing residential and non-residential uses 5 encouraged within the SMU zoning district and subject to the same development 6 ;tandards as "all other uses". Residential uses within mixed-use structures, with the 7 of designated live/work units, are encouraged not to be located on the 8 floor which shall be reserved for nonresidential uses .9 10 uses within mixed residential/nonresidential structures shall be 11 for theft compatibility with residential uses located on upper floors, and 12 demonstrate compatibility based upon use-type, construction materials, floor 13 and site layout, and other reasonable factors as determined appropriate given the 14 of use. 15 16 6. Landscaping. The landscaping requirements for the SMU District are 17 to those requirements set forth in Chapter 21 of the Boynton Beach 18 Code. 19 20 ~:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC lO 1 a. SMU District. - - ............... 2 · Trees. All new construction in the-S~,ct~st:ralt- 3 provide shade trees in the streetscape. 4 · The trees selected shall be consistent with the established 5 theme of the street, where appropriate. The City Forester will 6 provide consultation on appropriate species. 7 · Trunks shall be a minimum four (4) inch caliper measure 8 at DBH. In addition, there shall be no branches below four 9 (4) feet for visibility. 10 · In instances where canopies of overhangs make it 11 infeasible to plant trees, alternative means of providing 12 landscaping for the sidewalk shall be utilized. 13 · Small flowering trees shall be planted under overhead 14 utility lines. 15 · Upon inspection by the City Forester, any trees found to 16 be in declining condition shall be replaced within thirty (30) 17 days. 18 19 b. Tree Spacing 20 · Trees along all street rights-of-way are required and shall 21 be regularly spaced. The spacing of the trees shall be a 22 minimum of 30 feet on center for trees meeting ,only the 23 minimum caliper requirement. The City Forester shall 24 approve any increase in spacing for trees exceeding the 25 minimum caliper. 26 · Spacing may be modified to allow for the creation of 27 vistas, where appropriate, or by factors such as the placement 28 of utilities, by property access points, sight lines at corners or 29 by corner conditions. 30 · Tree placement shall match the existing pattern, where 31 appropriate. 32 33 c. Tree Irrigation. 34 · Low volume design irrigation systems shall be installed to 35 service all trees with bubblers and' other landscape materials 36 with sub-irrigation design. 37 · Irrigation systems shall be in operable condition at all 38 times. 39 40 d. Sidewalks 41 · Sidewalk accents via pavers or stamped colored concrete 42 shall be utilized in all central pedestrianways of mixed-use 43 development areas only. :\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 11 1 e. Flower Containers 2 __ -* To add color and soften internal sid¢'~t~-_t:a~3ir,,g wittS. 3 plants, flower containers containing blooming annuals or 4 perennials are encouraged to be planted and maintained along 5 facades of all central mixed-use areas in the SMU District. 6 7 f. Perimeter Buffer 8 · A minimum perimeter buffer 25 feet in width shall be 9 provided surrounding the project. All buffers abutting the 10 right-of-way of arterial roadways shall include a landscaped 11 berm. 12 13 7. Parking Requirements. Parking requirements for the SMU zoning 14 shall be set forth by Chapter 2, Section 1 iH, of the Boynton Beach Land 15 Code. 16 17 a. Parking for mixed-use developments may utilize shared parking 18 consistent with those prepared by ULI- the Urban Land Institute. Supporting 19 from this standard book shall be presented with a shared parking 20 at the time of technical site plan approval. 21 22 b. Freestanding parking garages as part of a multi-family residential 23 mixed-use development are permitted within the SMU Zone. Within the SMu 24 freestanding parkin~ garages shall not have direct frontage on major roadways 25 a portion of the garage abutting said streets contains storefronts, restaurants or 26 nonresidential uses, or residential uses on the first floor. The intent is 27 , to border or wrap the garage in storefronts and other 28 habitable floor area so as to disguise the garage and create continuity in 29 activity by maintaining interest for pedestrians and passing automobile 30 Principal structures that include parking garages shall be designed to blend the 31 of the garage with the remainder of the structure or adjacent buildings. 32 of freestanding parkin~ garages that are not screened with habitable space 33 are in view from the general public shall utilize design measures such as shutters. 34 tall etc. to their impact 35 36 c. Parking garages that are incorporated into the same structure as a 37 building, including structures providing parking on lower floors and 38 space on upper floors, are permitted within the SMU Zone. Understory 39 throughout the SMU Zone for multiple-floor buildings. Such 40 areas be screened from view by landscaping, buildings, and/or 41 articulated faqade designed to screen the parking area. 42 43 d. In order to increase the efficiency ofparking provision and 44 circulation, parking facilities shall be interconnected whenever possible. 45 ~:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 12 I~ 8. -DUi:npster Location. Dumpsters shall be adequately screened from view 2 n accordance with the p ov~s~onS-of the Land Development Regulations, or 3 with the surrounding environment if located out of view from the general 4 5 6 9. Signage. Chapter 21, Signs, shall govern signage along the major 7 as otherwise approved within a master signage program for the SMU 8 iect. 9 10 10. Minimum Proiect Size. A minimum of 10 acres shall be required for 11 iect under the provisions of the SMU regulations. 12 13 11. Master Plans for Phased Projects. The procedures for zoning of land to 14 district shall be the same as for planned zoning districts. To promote and 15 development in this form where uses may be integrated horizontally and 16 ~' within structures as coordinated units, a SMU master plan, including multi 17 shall be submitted and reviewed for approval at the time of rezoning to 18 19 20 a. In addition to the information required for application for zoning 21 shall submit a SMU master plan containing the following 22 or data: 23 24 1. The title of the project and the names of the professional project 25 planner and the developer; 26 2. Scale, date, north arrow and general location map; 27 3. A current survey, sealed, that includes the boundaries of the 28 property involved, all existing streets, buildings, water courses, 29 easements, section lines and other existing important physical 30 features in and adjoining the project; 31 4. Master plan locations of the different uses proposed, including 32 open space or common areas, recreational facilities, residential 33 areas, commercial uses, office uses, other permitted uses, and 34 areas to be developed with integrated mixed-use structures; 35 5. Master plan generally showing access and traffic flow to each 36 parcel; 37 6. Tabulations of total gross acreage in the development and the 38 percentages thereof proposed to be devoted to the several land 39 use types, 40 7. Tabulations demonstrating the proposed~ numbers of dwelling 41 units, square footage of commercial, office and other uses, and~ 42 8. Architectural design standards showing the following: design 43 themes to be followed, building colors and color pallet options, subject to changes in use category at time of technical site plan approval ;:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 13 1 maximum building heights, and color elevation renderings -2 ...... .depicting ~'~zp.:~scntativ¢ design concepts 3 4 b. Procedures. On application of master plan approval for a SMU 5 and development board and City Commission shall proceed in 6 as for other applications for planned zoning districts 7 13. Master plan modification. Followin~ approval of a master plan for a 8 uent modifications may be processed by the TRC portion of the site plan 9 as lon yes do not increase or decrease the total 10 uare footage for office or retail uses, or dwelling units by more than 30%, do not 11 ~uire a Notice of Proposed Change to a Development of Regional Impact as defined 12 Florida Law, or lower the overall standard of the master plan as defined by public 13 and open space, architectural design characteristics, building placement and 14 or location of land uses 15 Non-substantial modifications will not extend time limitations for development 16 in I.DR Chapter 2, Section 9, param:aDh C13. 17 18 14. Site Plans. Site plans for development of land zoned SMU shall be 19 in accordance with procedures established in the City's Land Developmenl 20 The site plan application data shall be in substantial compliance with th~: 21 Plan submitted as a part of the application for zoning to SMU. In addition to 22 of the Land Development regulations determined to be applicable, 23 following information shall be provided: 24 25 a. BUILDING LOCATIONS AND ARCHITECTURAl, 26 IONS of all structures proposed except for single-family detached home,,; 27 are a part of the project shall be depicted on the site plan or and thc, 28 materials required. 29 30 b. LANDSCAPE plan depicting existing and proposed vegetation 31 locations thereof on the site, consistent with the requirements of Chapter 4 of th~: 32 Land Development Regulations. 33 34 c. FENCE, WALL AND PLANTING SCREEN locations, heights 35 materials. 36 37 d. TABULATIONS analyzing the number of total gross acres in thc 38 ect and the percentages thereof proposed to be devoted to the dwellin~ t_wes~ 39 uses, other accessory structures, off-street parking and off-stree~ 40 recreation areas, parks, schools and other reservations. Tabulation.,: 41 number of dwelling units in the project by types and the overall project 42 in dwellin units. Tabulations of floor area of nonresidential uses and thc 43 ect intensity. Floor area as computed from FAR, shall include the floo~ urban Mixed Use Ordinance Revised 2-25-04.DOC 14 1 of all permitted principal or accessory uses except areas for parking, storage, 2 hoist equipment or machinery, heating or air conditioning equipment, 3 stairwells and towers, and the like; and requirements deriving from floor areas shall 4 such floor area. 5 6 e. COMMON AREAS. Once a master plan and boundary plat 7 has been obtained the applicant shall proceed in accordance with the 8 uirements of the subdivision regulations, determined to be applicable. In addition 9 certificates specified in the. city subdivision regulations and prior to 10 ~g a final plat, the developer shall file} a legally constituted maintenance 11 ;ociation agreement for improving, perpetually operating, and maintaining the 12 facilities; including streets, drives, parking areas, plazas and open space and 13 facilities; or t~ shall file such documents as are necessary to show how the 14 common areas are to be improved, operated or maintained. Such documents 15 be subject to the reasonable approval of the city attorney. 16 17 15. Once a master plan has been approved in a SMU district, the designated 18 parcels may be platted as a boundary plat for the purpose of a sale to a 19 3ra party purchaser. Each parcel that is platted will be subject to 20 technical site plan approval as provided in the City's code. This 21 boundary plat may be processed simultaneously with the SMU master 22 plan or a SMU master plan modification. 23 24 Section 3. The definition of "mixed use development" contained in Chapter 25 Zoning, Section 6.F. 13 is hereby revised to read: 26 27 Use Development: a combination of two or more uses on a single parcel, tract 28 development pod. In the Urban Mixed Use-Low Intensity and the Suburban Mixed 29 __ zoning district_s, mixed-use can refer not only to uses within single buildings, but 30 different uses mixed in close proximity in a single development. 31 32 Section4. Each and every other provision of the Land Development 33 not herein specifically amended, shall remain in full force and effect as 34 originally adopted. 35 Section 5. All laws and ordinances applying to the City of Boynton Beach 36 conflict with any provisions of this ordinance are hereby repealed. linances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 15 1 Section 6. Should any section or provision of this Ordinance or any portion 2 be declared by a court of competent jurisdiction to be invalid, such decision 3 shall not affect the remainder of this Ordinance. 4 Section 7. Authority is hereby given to codify this Ordinance. 5 Section 8. This Ordinance shall become effective immediately. 6 ;T READING this ~ day of ,2004. 7 FINAL READING AND PASSAGE this ~ day of ., 8 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 17 Vice Mayor 18 19 20 21 Commissioner 22 23 24 25 " Commissioner 26 27 28 29 Clerk Commissioner 30 ;:\CA\Ordinances\Suburban Mixed Use Ordinance Revised 2-25-04.DOC 16 DEVELOPHENT DEPARTHENT PLANNZNG AND ZONZNG DI'VZSZON HEHORANDUH NO. PZ 04-045 TO: Chairman and Members Planning ~y~ent Board FROM Dick HudsOn, {AZCP Senior Planner THROUGH: Michael W, Rumpf Director of Planning and Zoning DATE: February 17, 200,t SUBJECT: Suburban Mixed Use Zoning District (CDRV 04-002) NATURE OF REOUEST Staff is proposing the addition of a SMU-Suburban Mixed Use Zoning District to support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area. BACKGROUND Compson Associates requested the consideration of a mixed use zoning district for use in the Renaissance Commons (fka Motorola) Development of Regional :Impact; however, staff proposes the district as an alternative to the development of this and other large parcels of land under the existing C-3 Community Commercial zoning regulations. Under the C-3 regulations, portions of a site may be developed for residential use; however, the regulations do not encourage a true integration of commercial and residential uses, and basically perpetuate the suburban "strip centers" that offer little or no connectivity, allow large parking lots adjacent to major roadways and do not yield large projects with unified designs. ANALYSZS The accompanying dralt ordinance is comprehensive in that it includes provisions for all aspec'es of development, including permitted, conditional and prohibited uses, minimum lot sizes, frontages, setbacks and coverages, as well as supplemental landscaping requirements. This analysis describes only selected aspects of the proposed ordinance. A rezoning to the SMU district must be accompanied by a master plan to guide the development and clearly show conformance with all applicable design requirements. A maximum density of 20 dwelling units per acre and an intensity of 1.0 floor area ratio are possible. Maximum structure height is proposed at fifty-five (55) feet, with an increase as a conditional use, to a maximum of seventy-five (75) feet inclusive of all architectural details and provided that the structure is separated from the property line by another building with a height between thirty-seven (37) and fifty (50) feet in height (1/2 to 2/3 of the 75 feet). A minimum height of thirty-five (35) feet is also proposed for buildings fronting on arterial roadways, to create the appearance of two- story buildings. Page 2 CDRV 04-002 Suburban Mixed Use The list of permitted uses is basically taken from the uses allowed in the existing C-1, C-2 and C- 3 Commercial zoning districts, As with the urban mixed use districts, a majority of the uses are required to be integrated into mixed-use structures, While the proposed regulations allow some uses that fall into the "big box" category, a size restriction is proposed, along with requirements for design elements, such as articulation, varied rooflines, columns and other decorative features, to break up large wall expanses, The maximum front setback along arterial roadways is proposed at ninety (90) feet, including a mandatory twenty-five (25) foot buffer and landscaped berm, This will limit the amount of parking between buildings and adjacent to major roadways, and would also soften their effect, Landscaping requirements, in addition to those in Chapter 21, are aimed at creating pedestrian- friendly streetscapes and encouraging the use of more mature plant materials, Variety in spacing of trees is encouraged, to create vistas, where appropriate, Finally, procedures are included for master plan approval at the time of rezoning, as well as for master plan modifications, RECONNENDATZON Staff recommends that the proposed amendments to the Land Development Regulations, Chapter 2 - Zoning, to add the Suburban IVlixed Use zoning district and related regulations be approved. If there are changes or additions recommended by the Planning and Development Board, they will be included as Exhibit "B". Exhibits S:\PLAN NING~SHARED\WP\SPECPRO~\CODE REV~E~CDRV-SMU\CDRVSTAFFREPT. DOC Chapter 2, Zoning, Section 6. G. SMU-Suburban Mixed Use Zoning District 1. Intent and Purpose. The Suburban Mixed Use zoning district, which shall only be applicable to lands located west .of 1-95, allows for a diversity of land uses and accommodates and encourages a mixture of residential, office, retail, recreational, and other miscellaneous uses, which may be arranged either vertically or horizontally on assembled parcels along major arterials outside of the downtown redevelopment district. All development and redevelopment shall be guided by an approved plan through the use of the SMU master plan, planned unit development, conditional use, or other site plan review processes. The objectives of the Suburban Mixed Use zoning district is as follows: a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area; b. Creqli or .ed-usl are iilml tionswith appropriate densities, hei~s,'~cl.~lxt~ of~l~; I 1 Ir I 1 c. Creal att~fi~stri~..l[iro~,ts thrlgh appropriate separation from and des~~lar~fio~re~l ' ..8.. d. Provide public plazas and gathering places that are both well- designed and integrated into the overall design of the development; e. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development; f. Create higher quality environments for residents, businesses, employees, and visitors; and g. Encourage innovative design that achieves vertical and horizontal integration of uses. 2. SMU (Suburban Mixed-Use) Zoning District "'~ ~..,...~,.n. ~.~ .... .--,,,1 .,,,-..,--...aL --1...,. ..... ~ .................. ~ ....... ~ ..... ct. In order to complement the redevelopment and envisioned growth of the suburban area, the SMU zoning district shall only be applied to lands west of 1-95 classified as Development Regional Impact (DRI) or other land use classifications subsequently established on the Future Land Use Map. b. The SMU district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows a maximum height of fifty-five (55) feet and a residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55 feet and up to 75 feet to the peak of the structure. or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use), if approved as a conditional use. The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new suburban mixed-nsc $: ~llingk~I'IARll~\WP'~ PEC'IPROJ~CODB Rl~VIll~RV-SMIJ~uburlxm Mixed IJ~ tc~t 2-254)4.DOC developments within this district shall front on a major arterial and contain a mixture of ~l~ail ~6iiimercial, office and ~esid~ntial uses. ~ ........... 3. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Suburban Mixed Use Zoning District. 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 footnote 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. TABLE 6G-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES · I, '! 'l i · ',1[ I 1 Residentia~r.,l!' ,d~tl-t ~up lk ~l Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family p Temporary Sales Office P Temporary Model Residences P Boarding and Rooming House N (except where provided by state law) Accessory Unit p Government Office/Civic Center/Library P Recreation (outdoor) C Museum p House of Worship p~ Police or Fire-Rescue Station P Postal Center (retail sales only) 1~ Post Office p Public Park p Public Parkinl~ Lot or Garage P S:~hnn/~SHARI~Wl~PP_J2PROJ~2ODB REVIlII~CDRV-SMIJ~ubmq~n ~ U~ t~xt 2-25-04.DOC 2 ................ USE GROUP/USE Office Use Group SMU ZONE Banks, Financial Institutions p2, Medical or Dental Clinic p~- Medical or Dental Office p2 Physical Therapy Clinic p2 Professional Business Office p2 Real Estate Office p~- Veterinary Office or Clinic p~ Sales and General Commercial Use Group SMU ZONE Alcoholic Beverage Package Store p2 Ammunition or Firearm Sale or Rental N A~mal Boating ~el~ Animal~oom~gl ~ I ·~ ~ I ~' I ~2 A~mal Salesmet ~ps~V~ ~F~ ~s Antique Mall/Fle~ ~~ ~..I,. ~ N Arts, CraPts, Hobby and Framing p2 Auction House N Automotive Parts Sales w/out Service p2 Automobile Sales with Display N Bakery, Retail p2 Bicycle Shop p2 Boat/Marine Sales/Rental N Boat/Marine Accessories p2 Bookstore p2 Building Supplies or Materials N Bus Terminal N Camera and Audio Video Equipment p2 Contractor's Office/Equipment Storage N Coffee Shop p2 Convenience Store p2 Custom Furnishings and Antique Stores p2 Cyber-cafb p2 Delicatessen p2 Department Store (80,000 s.f. P Department Store )80,000 s.f. C7 Dive shop and Instruction as Accessory Use p2 Drug Store or Pharmacy p6, Gasoline Sales with/without Vehicle Service N Grocery Store, Supermarket Fitness Center p2 S :~Innning'~ClAR~D\WI~PEC~RO. RCODB R.EVI]EW~C~RV-SMU~ubu~,b~n Mixed Use text 2-25-04.DOC USE GROUP/USE SMU ZONE · ' Sales and General Commercial Use Group SMU ZONE Florist p2 Furniture Store p2 Hardware Store p~ Health Food Store pZ Home Improvement Centers C7 Household Appliances and Parts p: Jewelry or Cosmetics Store p: Linen and Household Goods p2 Luggage, Purses and Personal Gear p2 Lumber Yard N Membership Club C7 Music Store New Clothing, Shol or~l~C~OX5 Newsstand I · ·· Office Supplies ~ ~ ~ .l~.~ ~ p: Outdoor Storage or Display N Parking Lot for Commercial Vehicles N Parking Lot or Garage, Private Ownership P Personal Watercraft Sales, Rental, Service, Parts or p2 Repair Photographic Studio and Photographic Supplies p2 Restaurant, w/Drive Thru C5 Restaurant; Sit-Down p Specialty Foods and Confections p2 Sporting Goods p2 Television, Radio, Video and Stereo Equipment p2 Tobacco Accessories p2 Toy Store p2 Vehicle or Marine Customizing, Detailing, Service, N Parts or Repair Video Rental p2 Wholesale/Warehouse/Distribution N Service Use Group SMU ZONE Barbershop/Beauty Salon/Day Spa p2 Dance/Martial Arts Studio p2 Dressmaker or Tailor J p2 Dqtcleaner p2,4 Fitness Club p2 Funeral Home N Hospital N Labor Pool Establishments N S:kPInnnh~SHAREI~Wl~;PEC~ROJM2ODB ~RV-SMI. IX,,gubutbnn Mixed Use t~t 2-25-04.DOC 4 USE GROUP/USE SMU ZONE Service Use Group cont'd SMU ZONE Laundromat p~- Medical Outpatient Facility C Nursery, Preschool or Child Daycare P Nursing or Convalescent Home N Photocopy Center p2 Self-Storage or Mini Warehouse C Shoe Repair p~- Tattoo Parlor/Body Piercing N Soup Kitchens/Substance abuse. Centers/ N Shelters/Half-wa~, Houses Entertainment Use Group SMU ZONE Adult Entertainmeal/-~ -l.~ ~, 1 Bar, Cocktail Lounl ' I I .! , I illi d ' ln .kl 1 Recreation Facilityl'~ Bingo Hall N Fortune Teller N Movie Theater p2 Night Club C Performing Arts Theater P Private Clubs, Lodges and Fraternal C~ Organizations Accessory' Use SMU ZONE Drive-Thru Facility (other than accessory Cz use to financial institutions, pharmacies and restaurants) Restriction Notes: ~ 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. 2 Must be integrated into a commercial or mixed use development and for any single business, not exceed 30 percent of the gross floor area of the mixed-use development. 3 Gross floor area of grocery store must be a minimum of 20,000 square feet and a maximum of 80,000 square feet. 4 On-site drop-off and pick-up only. ~ Drive-thru facility, including stacking lanes, must be screened from public fight-of-way and requires conditional use approval. 6 Indoor storage/display shall not exceed 20,000 square feet. SAPlanning~HARED~WP~PEC~'ROJXCODE REVIEW~-'DRV-S~ImHaan Mixed Use teat 2-25-04.DOC § 7 Maximum footprint is 120,000 s.f. Elevationa to be emhanced with appropriate design elements to break up large wa!! expanses (i.e. articulation, wi_edows, colmnns, varied rooflines, etc.). 4. Building and site regulations. ~ Minimum Parcel Size SMU ZONE Residential or Lodging Use Group Hotel 3 acres~ Residential, single Family Detached 5,000 sq. fl. Residential, Single Family Detached w/Accessory 7,500 sq. ft. Unit Residential, Single Family Attached 2,500q. ft. Residential, Mult~~ 'l"n [ ~k 'l' .~ ~ sq. ft. Communi~ Flli~l~rGrojli l'( I PublicPark ~ _l,.'lk~ .lk.i,.' =llminimum All other Use 10,000 sq. ft. Minimum Living Area SMU ZONE Single Family Detached 1,200 sq. ft. All other Residential 750 sq. ft. Accessory Apartment 750 sq. ft. Minimum Lot Frontage SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 Residential, single Family Attached (Duplex) 75 ft. Residential, Single Family Attached (Townhome) 20 ft. Residential, Multiple-Family 100 ft. All Other Uses 100 ft. Maximum Height SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. Residential, Single Family Attached (Duplex) 35 ft. Residential, Single Family Attached (Townhomes) 45 ft. Residential, Multi-Family 55 ft.2 $:~P~WP~PECPROJ~CODE REVIEW~CDRV-,~ Mixzd Uae text § Maximum Height, continued SMU ZONE All Other Uses 55 ft.2 Minimum Height 35ft.3 (25 ft)4 Maximum F.A.R (excluding parking structures) 1.0 Maximum Density 20 du/ac Or part of a mixed use project at least 3-acres in size 2 Maximum of 75 feet to peak of the structure or any architectural details, with conditional use approval. Setback from property boundary is a minimum of 225 feet, and building shall be separated from property line by another project building of at least 35 to 50 feet in height. 3 Applies to any favade with "arterial roadway" frontage. Multiple story buildings are encouraged along medal roadways. The intent of this provision is to create the appearance, or s~e~ of, a ~]~nimm~a~2~~uilding. 4 Conditional, bastnPl[~tmcj~l~pro~e~l~e'lo~lheB5fl minimum. Residential, Single Family Detached 40% Residential, Single Family Attached 30% All Other Uses 20% FRONT YARD SETBACK SMU 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, 4 All Other Uses including mixed use with a residential 10 ft.3, 4 component - build-to line 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. Where less than 20 feet, garage access required from side or rear. Projecting feature(s) such as awnings, balconies, porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops requh/ed 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-£oot vertical clearance and 5 foot horizontal pedestrian clearance. Front yard build to line_along major arterial roads, a maximum of 90 feet inclusive of a 25-foot landscape buffer. S:~Planning~HAREI~WI~SPECPROJ~CODB R]~VIEW~CDRV-SMU~Suburban Mixed Usc text 2-2_q-04.DOC 7 SIDE YARD - SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 7 ~A ft. or 0/10 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 ft. Residential, Multi-Family 10 ft. All Other Uses 0 ft. All Other Uses Adjacent to Residential Single FamilyI 25 Attached or Detac~ l naYAm I i · ! ! ' I lsmJ zo re Residential Or Lodging Use Group Residential, Single Family Detached 7.5 ft. 'Residential, Single Family Attached 7.5 ft. Residential, Multi-Family 15 ft. All Other Uses Where Yard is' Adjacent to Residential Single Family 25 ft. Attached or Detached Where yard is Adjacent to All Other Uses 0 ft. 5. Mixed Uses. Buildings containing residential and non-residential uses are encouraged within the SMU zoning district and subject to the same development. standards as "all other uses". Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to 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 reasonable factors as determined appropriate given the type of use. - '6. Landscaping. The landscaping requ~r_e_me_nt_s for'the SMU District are __ supi~lementa~'y to those requirements set forth in Chapter 21 of the Boynton Beach Land Development Code. a. SMU District. · Trees. All new construction in the SMU 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 measure at DBH. In addition, there shall be no branches below four (4) feet for visibility. · In instances where canopies of overhangs make it infeasible ~l~l~l~l[r~ativ~aea~~dscaping for the ~ fl[~.ll.~ranted~der overhead utility lines. · 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 along all street rights-of-way are required and shall be regularly spaced. The spacing of the trees shall be a minimum of 30 feet on center for trees meeting only the minimum caliper requirement. The City Forester shall approve any increase in spacing for trees exceeding the minimum caliper. · Spacing may be modified to allow for the creation of vistas, where appropriate, or 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. c. Tree Irrigation. · Low volume design irrigation systems shall be installed to service all trees with bubblers and other landscape materials with sub-irrigation design. · Irrigation systems shall be in operable condition at all times. d. Sidewalks · Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrianways of mixed-use deyelopment areas only. S:~PIannlng~HARED~WI~FEC:PRO~CODE REVIEW~CDRV-SMU~ulxa~n Mixed Use text 2-25-04.DOC 9 e. Flower Containers ...... · To add coJor and soften inte~nal-s}dewalk paving with pia~ts, flower containers containing blooming annuals or perennials are encouraged to be planted and maintained along facades of all central mixed-use areas in the SMU District. f. Perimeter Buffer · A minimum perimeter buffer 25 feet in width shall be provided surrounding the project. All buffers abutting the right- of-way of arterial roadways shall include a landscaped berm. 7. Parking Requirements. Parking requirements for the SMU zoning district shall be set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code. a. Par..klg ~ i~se_AoPnl~ ~marYlfil~ze shared parking ratios, consistent with ~-l~~ ~l[afl LanJlnstitute' Supporting documentation from this s-s-gtiiiYdard-b-d'6k s'h"filI'Be p'~"~'~with a s-'~ared parking analysis at the time of technical site plan approval. b. Freestanding parking garages as part of a multi-family reside~tial or mixed-use development are permitted within the SMU Zone. Within the SMU Zone, freestanding parking garages shall not have direct frontage on major roadways unless a portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses, or residential uses on the first floor. The intent is to attempt, where possible, to border or wrap the garage in storefronts and other permitted habitable floor area 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 or adjacent buildings. Portions of freestanding parking garages that are not screened with habitable space and are in view from the general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to soften their impact. c. 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 SMU Zone. Understory parking is permitted throughout the SMU Zone for multiple-floor buildings. Such parking areas shall be screened from view by landscaping, buildings, and/or architecturally articulated faqade designed to screen the parking area. d. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. S:~i~Iannin~SHARll~WP~PI~I2PRO.lXI~ODll RItVIilW~2DRV~~ Mired U~c teat 2-2.~-04.DOC ~0 8. Dumpster Location. Dumpsterh shall be adequatelY screened ~r0m vieTM in accordance with the provisions of the'Land Development Re~l~-~g, ~F~6~n~ifible ~ith the surrounding environment if located out of view from the general public. 9. Signage. Chapter 21, Signs, shall govern signage along the major arterials, except as otherwise approved within a master signage program for the SMU development project. 10. Minimum Project Size. A minimum of 10 acres shall be required for any project developed under the provisions of the SMU regulations. 11. Master Plans for Phased Projects. The procedures for zoning of land to SMU district shall be the same as for planned zoning districts. To promote and encourage development in this form where uses may be integrated horizontally and vertically within stmctur~o~unitst~kS~~cluding multi-year phases, shall be submittet~Kr a~ a~me lezonmg to SMU- a. In ~ to~nfgYlffillio~~ for alSlSYl~ation for zoning generally, the applicant shall submit a SMU master plan containing the following materials or data: _ _ 1. The title of the project and the names of the professional project planner and the developer; 2. Scale, date, north arrow and general location map; 3. A current survey, sealed, that includes the boundaries of the prOperty involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the project; 4. Master plan locations of the different uses proposed, including open space or common areas, recreational facilities, residential areas, commercial uses, office uses, other permitted uses, and areas to be developed with integrated mixed-use structures; 5. Master plan generally showing access and traffic flow to each parcel; 6. Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several land use types, 7. Tabulations demonstrating the proposed~ numbers of dwelling units, square footage of commercial, office and other uses, and, 8. Architectural design standards showing the following: design themes to be followed, building colors and color pallet options, maximum building heights, and color elevation renderings depicting representative design concepts. subject to changes in use category at time of technical site plan approval S:~PI~nning~HARE~WI~SPECPROJ~CODE REVIltW'~X)RV-SMU~ulan~a Mined L~ text 2-2.~-04.DOC b. Procedures. On application of master plan approval for a SMU project, the plamfing and development board and City Commission shatl proceed in general as for other applications for planned zoning districts. 13. Master plan modification. Following approval of a master plan for a SMU, subsequent modifications may be processed by the TRC portion of the site plan review process as long as the proposed changes do not increase or decrease the total square footage for office or retail uses, or dwelling units by more than 30%, do not require a Notice of Proposed Change to a Development of Regional Impact as defined in Florida Law, or lower the overall standard of the master plan as defined by public plazas and open space, architectural design characteristics, building placement and massing, or location of land uses. Non-substantial modifications will not extend time limitations for development of pr°petty as stipulated in~agDecti~ p~ T 14. Site Plans. Silpl~fclt_~p~la~ z'~ned ~lJ shall be processed in accordance with proc~estaO//ahe~MSltae Ol~,saLalmd D~ment Regulations. The site plan application data shall be in substantial compliance with the Master Plan submitted as a part of the application for zoning to SMU. In addition to the requirements of the Land Development regulations determined to be applicable, the following information shall be provided: a. BUILDING LOCATIONS AND ARCHITECTURAL ELEVATIONS of all structures proposed except for single-family detached homes which are a part of the project shall be depicted on the site plan or and the supplementary materials required. b. LANDSCAPE plan depicting existing and proposed vegetation and locations thereof on the site, consistent with the requirements of Chapter 4 of the City's Land Development Regulations. c. FENCE, WALL AND PLANTING SCREEN locations, heights and materials. d. TABULATIONS analyzing the number of total gross acres in the project and the percentages thereof proposed to be devoted to the dwelling types, nonresidential uses, other accessory structures, off-street parking and off-street loading, streets, recreation areas, parks, schools and other reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units. Tabulations of floor area of nonresidential uses and the overall project intensity. Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment, stairwells and towers, and the like; and requirements deriving from floor areas shall include such floor area. S:~nn~s~SI-IAItt~WI~PECPRO~CODE REVIEW'~CDRV~~ Mixed U~ t~a 2-25-04.DOC ~2 machinerY;-heating °r..a.i~ condi, fioning e~iPment'ista_i.rwells and tow_ ers,_an_d th_e like__; apd requirements deriving from flobr areas shall include such floor area. e. COMMON AREAS. Once a master plan and boundary plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined to be applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developer shall file, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas, plazas and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subject to the reasonable approval of the city attorney. 15. Once a m~ h'lilS~ appr~ied i~~['St~ the designated parcels ma31e plte~h~oun~latlr~ae pub)se of a sale to a 3~a party purcl~ler~c~~ttelw]ll l~e ~ject to technical site plan appro~ll'a'TproXg~rd iWIIlLvCi~c~ This'lS'6tlhdary plat may be processed simultaneously with the SMU master plan or a SMU master plan modification. The definition of "mixed use development" contained in Chapter 2, Zoning, Section 6.F. 13 is hereby revised to read: Mixed Use Development: a combination of two or more uses on a single parcel, tract or development pod. In the Urban Mixed Use-Low Intensity and the Suburban Mixed Use zoning districts, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. S:~Planning~SHARED~,VP~SPECPROJACODI/[ REVII~W'~DRV-SMU~ulmrbsn Mixed Use te~ 2-25-04. DOC q3 Vllrl'.-PUBLIC HEARING CITY OF BOYNTON BEA 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 CiW 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 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 March 16, 2004 City Commission Agenda under Public Hearing, Legal, Ordinance - First Reading. The Planning and Development Board on a 5 to 0 vote with two abstentions, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-036. EXPLANATION: PROJECT: Renaissance Commons (CPTA 03-001) AGENT: Kim Glas-Caslxo, AICP, Ruden McClcosky OWNER: Compson Associates of Boynton II, LLC LOCATION: Southeast comer of Congress Avenue and Gateway Boulevard DESCRIPTION: Request to amend the text of the Comprehensive Plan Future Land Use Element to establish a Development of Regional Impact (DP, I) as a land use designation, and corresponding policies for the Renaissance Commons DRI (fka Motorola DRI) that documents its approval; uses, densities and intensities; and approved traffic generation. PROGRAM IMPACT: FISCAL IMPACT: Develop~ar~e~t ~i~ect"~ City l~Ianager's Signatt~re f Plug ~d Zo~g ~ctor Ci~ ARomey / F~ce / H~ Reso~ces S:Wl~ning~Dk~WRO~C~e~ss~ce Co~onsXCPTA 03-~l~g~da I~ Request ~aiss~ce Co~ons Pub. I st r~din~PTA 03~1 3-1~04.dot S:~ULLET~O~S~GENDA I~M ~Q~ST FO~.~ 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE FUTURE LAND USE 5 ELEMENT OF THE COMPREHENSIVE PLAN TO 6 ESTABLISH A DEVELOPMENT OF REGIONAL IMPACT 7 (DRI) AS A LAND USE DESIGNATION, AND 8 CORRESPONDING POLICIES FOR THE RENAISSANCE 9 COMMONS DRI (FI{ MOTOROLA DRI) THAT 10 DOCUMENTS ITS A APPROVAL, USES, DENSITIES AND 11 INTENSITIES AND APPROVED TRAFFIC GENERATION; 12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City") 16 adopted a comprehensive plan, pursuant to Ordinance 89-38 in accordance with the Local 17 Comprehensive Planning Act; and 18 WHEREAS, after public hearing and study, the City Commission deems it to be in 19 best interest of the inhabitants of the City to amend the text of the City's Comprehensive 20 by the creation of Objective 1.24, delineating Developments of Regional Impact in the 21 Land Use Elemen. t and Future Land Use Map, and the three policies specific to the 22 taissance Commons DRI; and 23 WHEREAS, the addition of the objective will recognize an approved DRI as a 24 land use category, and the three proposed policies are specific to the Renaissance 25 DRI and allow the data, analysis and statewide review of the project to serve as the 26 astification and documentation for the DRI; and 27 WHEREAS, it is the recommendation of staff that a text amendment be made to 28 for the creation Objective 1.24, which obje. ctive will recognize an approved DRI as a 29 land use category. 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. That Objective 1.24 of the City of Boynton Beach Comprehensive 4 is hereby created, as follows: 5 6 ective 1.24 The City shall delineate "Developments of Regional Impact" in the 7 Future Land Use Element and on the Future Land Use Map. Each 8 Development of Regional Impact shall be governed by specific policies 9 herein. 10 11 1.24.1.aThe Renaissance Commons (fka Motorola) Development of Regional Impact 12 (DRI), approved by Ordinance 79-36, as most recently amended by 13 Ordinance 04- (the "Development Order"), is a multiple-use project 14 proposed to contain multi-family residential, commercial and office 15 uses. 16 17 1.24.1.b Consistent with the Renaissance Commons DRI Development Order, 18 the approved land uses and intensities shall be as follow: 19 Land Use Minimum-Maximum Intensity High density Residential 1,085 du to 2,016 du Office Commercial 173,460 sf to 322,140 sf Local Retail/General Commercial 149,100 sf to 276,900 sf 20 21 1.24.1.c Traffic generation for the Renaissance Commons DRI shall not exceed 22 1,634 peak hour trips (For compliance with Article 12, Traffic 23 Performance Standards of the Palm Beach County Unified Land 24 Development Code). 25 26 27 Section 2. All laws and ordinances applying to the City of Boynton Beach in 28 :onflict with any provisions of this ordinance are hereby repealed. 29 30 Section 3. Should any section or provision of this Ordinance or any portion 31 be declared by a court of competent jurisdiction to be invalid, such decision shall not 32 the remainder of this Ordinance. 33 34 Section 4. This Ordinance shall become effective immediately. 35 36 FIRST READING this __ day of ., 2004. 37 38 1 SECOND, FINAL READING AND PASSAGE this __ day of , 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8_ 9 10 Vice Mayor 11 12 13 Mayor Pro Tem 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 23 Clerk 24 25 26 27 tnt 28 1990k900182.BB\ORD\CPTA 02-002 (5-27-03).doc DEVELOPMENT DEPARTMENT PLANNI'NG & ZONTNG DZVZS~'ON MEMORANDUM NO. PZ 04-036 TO: Chairman and Members Planning and De~xv. elo,~ment Board FROM: Dick Hudson, S~Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 9, 2004 SUB.1ECT: DR1 Policies for Renaissance Commons (CPTA 03-001) ZNTRODUCI'ZON Comp.son Associates of Boynton II, LLC is requesting amendments to the Future Land Use Element of the City of Beynton Beach Comprehensive Plan pertaining to Renaissance Commons (fka Motorola) DR1. The text amendment is a companion to the Land Use Amendment and Rezoning also requested for the Renaissance Commons site. Text amendments to the Comprehensive Plan are deemed to be "large-scale" amendments and are normally limited to the two annual "large-scale" amendment cycles allowed each calendar year by Chapter 163, F.S. An exception to that rule is in the case of a Development of Regional Impact (DR1) where the law permits amendments related to a DR1 to be adopted without being subject to the twice-yearly restri~ons. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Rodda Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review pedod of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adoPt the amendment and inform DCA of that derision. PROPOSED COMPREHENSI'VE PLAN TEXT AMENDMENT The proposed text amendment will add one new DR1 objective and three policies specific to the Renaissance Commons DR1 to the Future Land Use Element. The policies detail the approved density and intensity ranges as well as the maximum number of peak hour tdps approvedin compliance with the Palm Beach County Traffic Performance Standards. pROPOSED TEXT (with proposed changes shown in underlined and bold text) Obiective 1.24 The City shall delineate "Develouments of Regional Impact" in the Future Land ~_=e'Element and on the Future Land Use Mao. Page 2 File Number: CPTA 03-001 : DP1 Policies for Renaissance Commons E ye f i II rn s___n,~-ific oolicles herein. ~ The Renaissance Commons fka Motorola Develo ment of Re ional Im act DP1 a roved b Ordinance 79-36 as most recenti amended b Ordinance 04- the"Develo ment Order' is a multi le-use ro'ect ro osed to contain multi-famil residential commercial and office uses. ~ Consistent with the Renaissance Commons DP1 Develo ment Order the approved land uses and intensities shall be as follow:. Minimum-Maximum Intensi Land Use High density Residentia! 1 085 du to 2 016 du Office Commercial 173 460 sf to 322 140 sf Local Retail/¢~neral Commercia! 149 100 sf to 276 900 sf Traffic eneration for the Renaissance Commons DP,/shall not exceed ~ 1,634 peak hour trips (For compliance with Article 15, Traffic Performance Standards of the Palm _Reach CounW Unified Land. Development Code~. The addition of the objective will recognize an approved DP1 as a specific land use category. The three proposed policies are specific to the Renaissance Commons DP1 and allow the data, analysis and statewide review of the project to serve as the justification and documentation for the DP1. The DP1 designation and policies allow site-specific uses, intensities, conditions and . characteristics to be described in the Comprehensive Plan. The range of densities and intensities for each land use represents a 30% modification, reduction and increase, to each land use proposed in the Notice of Proposed Change (NOPC). The "Use Conversion Matrix" contained in the NOPC is based on traffic trip equivalency and will be used if any approved use should be converted to another use. This allows the City to approve conversions of uses up to 30% without requiring a Comprehensive Plan amendment. Policy 1.24.1.c also expresses the maximum traffic generation volume for concurrency purposes utilizing Palm Beach County Traffic Engineering's accepted methodology pursuant to countywide Traffic Performance Standards. The amount shown, 1,634 peak hour trips, is the number of tdps vested by the odginal project approval. RECOWII4ENDATZON Staff recommends the addition of Objective 1.24, delineating Developments of Regional Tmpact in the Future Land Use Element and Future Land Use Map, and the three policies specific to the Renaissance Commons DR[. AI-i'ACHMENTS S:~.ming~.-L*.~D\WI~PRO3ECTS~.~ Commons\cP'rA 03~I\C~A 03-0o-st~ff P~xxt.doc VIII.-PUBLIC HEARING ITEM F. CITY OF BOYNTON IIEAC AGENDA ITEM REQUEST FOt av, Requested City Commission Date Final Form Must be Turned Requested City Commigsion 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) [] January6,2004 December l5, 2003 (Noon) [] March2,2004 Canceled Februaryl6,2004(Noon~. January 20, 2004 , , January 5, 2004 (Noon) 1~ March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the March i6, 2004 City Commission Agenda under Public Hearing, Legal, Ordinance - First Reading. The Planning and Development Board on a 5 to 0 vote with two abstentions, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-042. EXPLANATION: PROJECT: Renaissance Commons (DRIA 03-001) AGENT: Kim Glas-Castro, AICP, Ruden McClosky OWNER: Compson Associates of Boynton II, LLC LOCATION: Congress Avenue south of Gateway Boulevard DESCRIPTION: Request for Development of Regional Impact Amendment (DRIA) approval mending the approved uses within the project, establishing a use conversion matrix and changing the name of the DRI project from Motorola to Renaissance Commons. PROGRAM IMPACT: FISCAL IMPACT: ~'7~/ Developrr~fifD~m~ent~i~e~or k. C~ ~ger's Si~e / Planing ~d Zomg Ci~ ARomey / F~ce / H~ Reso~ces S:~l~ning~DX~ROJ~aiss~ce Co~ons~ 03~l%~da I~ Requ~t R~aissance Co~s D~ 03~01 3-16~4.dot S:~LE~O~S%G~DA ~M ~Q~ST FO~.~ ....... ORDINANCE NO. 02 ...... AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-061 OF THE CITY OF BOYNTON BEACH BY ADOPTING AN AMENDMENT TO TIlE RENAISSANCE COMMONS DEVELOPMENT OF REGIONAL IMPACT, FORMERLY KNOWN AS THE MOTOROLA DEVELOPMENT ORDER; PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 1, 1979, MOTOROLA, INC., ("Motorola") filed a Development of Regional Impact Application for Development Approval ("Application") with the Treasure Coast Regional Planning Council CTCRPC") in accordance with Section 380.06, Florida Statutes; and, WHEREAS, Motorola proposed to develop a manufacturing development and administrative facility on approximately 90 acres, constituting a Cotnprehensive (Industrial and Office) Development of Regional Impact on the following described real property located in Palm Beach County, Florida, described in Exhibit "A". WHEREAS, the City Commission of the City of Boynton Beach approved the Motorola Development of Regional Impact on June 3, 1975 by Ordinance No. 75-19, and subsequently amended by Ordinance 79-36, dated January 7, 1980; and WHEREAS, on December 17, 2002, the City Commission approved an amended DRI Development Order by Ordinance No. 02-061, requested by the then-owner of the Property, Maury L. Carter & Associates, Inc., to develop a mixed residential and supporting commercial use project on the vacant portion of the Property; and WHEREAS, on November 11, 2003, the new owner of the Property, Compson Associates of Boynton Il, IJ.C ("Master Developer") filed a Notice of Proposed Change to the Motorola Development of Regional Impact with the City of Boynton Beach, the TCRPC S:\CA\Ordinances~)RI Amd Renaissance Commons.doc Page 1 and the Florida Deoartment of Community Affairs in accordance with Section 380.06, Florida Statutes; and WHEREAS, said Master Developer proposes to redevelop the Property with a mixed-use project to complement the approved residential uses, and to rename the project as "Renaissance Commons DRI; and WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter City Commission), the governing body of the local government having jurisdiction, pursuant to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider Notices of Proposed Change; and WItEREAS, the public notice requirements of Section 166.041, Florida Statues, and Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the Division of Community Affairs and the TCRPC; and WItEREAS, this City Commission has on March 16, 2004 and on April 7,2004, held a duly noticed public hearing on the Application and has heard and considered the testimony taken thereat; and WHEREAS, this City Commission has received and considered the report and recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, this City Commission has received and considered the report and recommendations of the Technical Review Committee and the Planning and Development Board of the City of Boynton Beach; and WHEREAS, this City Commission has made the following FINDINGS OF FACT AND CONCLUSIONS OF LAW with regard to the Application for Development Approval. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: S:\CA\Ordinances~DRI Amd Renaissance Commons.doc Page 2 Section 1 The foregoing Whereas clauses are tree and~ofl;ect and ~ncorporated herein by this reference. Section 2. That the City Commission of the City of Boynton Beach, Florida makes the following findings of fact regarding the Notice of Proposed Change submitted by Compson Associates of Boynton 1I, LLC, the "Master Developer" related to the Renaissance Commons Development of Regional Impact, formerly known as the Motorola Development of Regional Impact, previously approved by Ordinance No. 75-19, as amended by Ordinance Nos. 79-36 and 02-061: FIND~GS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; B. A State Comprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory policy document; C. The proposed amendment to the Development of Regional Impact Order (])RI) Development Order will be consistent with the corresponding amendment of the adopted comprehensive plan for the City of Boynton Beach and are, or will be, consistent with the local land development regulations, subject to conditions outlined herein and'Part ]11, Land Development Regulations of the City of the Boynton Beach Code of Ordinances; and S:\CA\Ordinances~DRI Amd Renaissance Commons.doc Page 3 D. The proposed development will be consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(8), Florida Statutes. CONCLUSIONS OF LAW It is hereby determined by the City Commission of the City of Boynton Beach, Florida, in a public meeting, duly constituted and assembled this 7th day of April, 2004, that the Notice of Proposed Change to the Renaissance Commons Development of Regional Impact submitted by the Master Developer is hereby ordered Approved, subject to the following provisions of this Ordinance and the Conditions of Approval attached hereto as Exhibit "C", and incorporated herein by reference. 1. That this amended DRI Development Order shall constitute the Development Order of this Commission issued in response to the Notice of Proposed Change for the Renaissance Commons DRI filed by the Master Developer. 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this amended DRI Development Order. 3. The Development Order shall be amended to include the following provisions: Conversion of industrial and office land use entitlements to: 1,551 multi-family residential units 213,000 square feet of retail use 247,800 square feet of office use Master Site Development Plan Amendment No. 2, as submitted to the City, a copy of which is attached hereto and made a part hereof as Exhibit "B", replaces and supersedes the Master Site Development Plan currently approved in the Development Order. S:\CA\Ordinances~DRI Amd Renaissance Commons.doc Page 4 Establishment of a Use Conversion Matrix: Office Multi_Family~ Commercial 1,000 sf office ....... 2.39 du 387 sf 1 multi-family du 365 sf ......... 142 sf 1,000 sf commercial 2,582 sf 6.16 du ........ Uses approved by the DRI Development Order may be changed pursuant to the conversion factors contained in the Use Conversion Matrix, subject to limitation of 30%, increase or decrease, from the approved use intensity, without the need for modification to the DRI Development Order. Use conversions shall be reported each year in the Renaissance Commons DRI Annual Report. 4. That this amended DRI Development Order shall be binding upon the Developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this amended DRI Development Order. 5. That in any event that any portion of section of this amended DRI Development Order is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended DRI Development Order, which shall remain in full force and effect. 6. That the approval granted by this amended DRI Development Order is conditional. Such apProval shall not be construed to obviate the duty of the Master Developer to comply with all other applicable local or state permitting procedures. ~ Conversion to or from residential use is based on P.M. peak hour trip generation rates for apartments or townhouse/condos, whichever is the more restrictive conversion factor. S:\CA\Ordinances\DRI Amd Renaissance Commons.doc Page 5 7. The amendments proposed by thc Mr. zte~ Developer do not create any additional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes. 8. That this amended Development Order shall remain in effect for a period of 30 years from the date of its rendition, up to and including January 7, 2010, provided that this effective period be extended by this Commission upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further consideration of the development. In the event the Master Developer fails to commence significant physical development within four years from the date of rendition of this amended DRI Development Order, development approval shall terminate and the development shall be subject to further consideration. .. Significant physical development shaii mean site cleating and foundations for the facility. 9. Actual development phasing will depend upon economic circumstances and Master Developer's internal business growth. The proposed development as described in the Notice of Proposed Change to the Renaissance Commons DRI are for planning purposes only and the actual development schedule may vary therefrom. 10. The amended DRI Development Order set forth in Section 1 hereof shall become effective upon adoption as a part of the Ordinance rezoning a portion of the subject property from Planned Industrial Development (PID) and Community Commercial (C-3) to Suburban Mixed Use District (SMU) and amending the land use designation for a portion of the subject property from Industrial and Local Retail Commercial to Development of 'Regional Impact (provided such date shall be extended until S:\CA\Ordinances'~DRI Amd Renaissance Commons.doc Page 6 _ comple~tion of appellate procedures, if any, relating to the issuance of this amended DRI Development Order. I1. Copies of this Ordinance incorporating the amended DRI Development Order, rezoning a portion of the subject property to Suburban Mixed Use District (SMU) and amending the land use designation of the subject property to Development of Regional Impact shall be transmitted immediately by certified mail to the Division of Community Planning, the Treasure Coast Regional Planning Council and the Master Developer. 12. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 3. That the subject Property located in the City of Boynton Beach, Florida, (approximately 85.554 acres) is subject to the successful Rezoning, which is contingent on the review and approval of the DRI-related Land Use Plan Amendment by the State of Florida Department of Community Affairs. Section 4. Except as provided herein, the Master Developer shall proceed in strict accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and regulations of the State of Florida Department of Environmental Protection. Section 5. That should any section or provision of this Ordinance or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. · Section~%.. - This ordinance shall become effective i'mm~diately upon its passage. S:\CA\Ordinances\DRI Amd Renaissance Commons.doc Page 7 FIRST READING this _.. day of ,2004. SECOND READING and FINAL PASSAGE this ~ day of ., 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Ordinances~DRI Amd Renaissance Commons.doc Page 8 Motorola DR[ .LEGAL DESCRIPTION ALL THAT PART OF THE PLAT OF MOTOROLA, A pLANNED INDUSTRL~ DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIc RECORDS. ALL. OF TRACTS 94 THROUGH 107, S~CTION 20, OF SUBDMSION OF SECTIONS 29 AND 20, FOOT sTRIP LOCATEO IN SECTI~ 2. T~~C~--CO---u~srY;FLO~DA'INCLUDINe 30 -, ...... orur 4:~ ;~OU'fH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSI-HP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE pLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY RECORDS~ ALSO INCLUDING 30 FOOT STRIP SHOWN AS' ROAD EASEMENT RUNNING FROM CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED OF SUBDMSION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO 102 ON THE EAST AND LOST 94, 95 AND 103 THROUGH 107 ON THE' WEST IN SAID SUBDIVISION. ALSO,. ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTI-IERWISE LYING BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF ~THE RiGHT. OF.wAy OF THE LAKE WORTH.. DRAINAGE DISTRICT EQUALIZING CANAL E-4, EXCEPTING THAT PORTION OF TRACTS 94, 95, 103, 104, 105, 106 AND 107, SECTION ,20, SUBDIVISION OF SECTIONS 29 AND'20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, REcoRDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH LIES WI'ITIIN 50 FEET OF THE WEST LINE OF SAID SECTION 20. ALSO, ALL THAT PART OF THE SW ~ OF SECTION 17 AND THE NW ~-OF SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING SOUTH OF THE SOIYiTIERLy RIGHT-OF-WAY LINE OF NW 22ND AVENUE .AS DESCRIBED IN cO~_I~. ~c~?RDs BOOK 1738, PAGE 1686 OF r~ PUBLIC RECoRDs OF p - uv~¥, FLORIDA, AND NORTH-OF THE SUB _AL~M..?EACH TOWNSHip 45 so . ,.?_~_SiON OF SECTIONS 29 ~ 20 UTH, ~e,)GE 43 EAST RE ' I-IEREINABOVE DESCRmED, AND EAST 03' ~,~V.~D__~ PLAT BOOZ: 7, PAGE .20, CONGRESS AVEIqUE AND ~--t~ ~AS'IERLY LINE OF RIGHT-OF,WAY OF' LAKE WEST OF THE WESTERLY LINE OF RiGHT-OF.WAY LINE OF THE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4. EXCEPTI]xIG FROM ALL OF THE ABOVE DESCRIBED PROPERTY 'THE RIGHT-OF-WAY OF CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND RIGHT-OF-WAY OF CANAL C-16 FORMERLy BOYNTON CANAL. WPB:166567:2 l 0 EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons (fka Motorola) DRIA File number: DRIA 03-001 Reference: 2na review plans identified as a Development of Regional Impact Amendment Master Plan with a 27, 2004 Plannin & Zonin da ............ vv ~o. tlllg¢ll[ ~.ld[~ ~tammarran . REJECT pUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: I. The LDR, Chapter 3, Article IV, Section 3.O requires Master Plans to sho~ X all utilities on or a~ect' 2. Justify the water and sewer values used in the conversion matrix. Those X numbers should ielate to what actually has been purchased to date. Provide ~ustification for the ~ied to office and industrial uses 3. Based upon the applicant's conversion matrix (which we do not accept), the X site exhibits an increase from the current use of 2161.66 dwelling units (equivalent) to 3281.01 dwelling units (equivalent) with the proposed change. A change of this magnitude would require the applicant to fund a re-study of the Utilit/es Master Plan for water and wastewater in the affected area. Any cost for utility upgrades as a result of impacts from this project shall be borne by the applicant. FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: 4. Provide a master storm water management plan in accordance~ X LDR, Chapter 3, Article IV, Section 3.T. BUILDING DIVISION C9ndifions of Approva! .... 2 DEPARTMENTS INCLUDE REJECT Couunents: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 5. Provide a letter from the South Florida Water Management District X regarding impacts to ground and surface water as a result of the proposed change, prior to issuance of any building permits. 6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 7. Indicate the width of all access points to ensure their compliance with City X code. Also show the access points to collector and arterial streets indicating their compliance with access requirements within the code. 8. The approval of NOPC #2 is contingent upon the approval of the Land Use X Amendment to Development of Regional Impact (DRr) and Rezoning to Suburban Mixed Use (SMU). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~lanning~SHARED\WP~PROJECTSXRenaissance Commons~DRIA 03-O01/MPMD 03-002~COA.doc DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-042 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: February 17, 2004 SUBJECT: Renaissance Commons (fka Motorola) - DRIA 03-001/MPMD 03-002 NOPC Amendment #2 NATURE OF REQUEST Renaissance Commons (fka Motorola) is a partially built-out Development of Regional Impact (DRI) comprised of 87.4 - acres, zoned Planned Industrial Development (PID) and Community Commercial (C-3). It is located on the southeast comer of Gateway_Boulevard and Congress Avenue (See attached Exhibit "A" - Location Map). The a~PiiCa-~t, Compson Associates of Boynton II, LLC, is requesting a second amendment to the Motorola DRI Development Order (D.O.) adopted January 7, 1980 by Ordinance No. 79-36. Amendment #2 proposes to change the Motorola DRI entitlements by the conversion of 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space to a mix of uses, including 1,551 multi-family residential units, 21-3,000 square feet of commercial space and 247,800 square feet of office use. The request also proposes to change the name of the DRI from Motorola to Renaissance Commons. There are no changes proposed to the DRI phasing, commencement date or build-out date of 2010, and no lands are being added to the DRI boundaries (s. ee attached Exhibit "B"- Substantial Deviation Determination Chart). .BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City review the NOPC. The DCA and the TCRPC review the proposed NOPC and provide comments following the procedures outlined in Chapter 380.06 (19). The Regional Planning Council has not responded to the NOPC request in writing as of the preparation of this staff report. Verbally, they expressed little concem over this NOPC, as they have had_s_e.veral meetings with the applicant and understand 'the Pgoject is a mi~ed-use concept, closely following that of NOPC #1 which they reviewed in 2002. The major changes involve a transfer of allotted square footages between the approved uses and a use conversion Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 matrix which allows up to a thirty (30)% change in intensity, while remaining within the approved average daily tdps (ADT) and peak hour tdps approved with the odginal DRI. A letter from the Florida Department of Transportation (FDOT) was forwarded to the TCRPC delineating their concerns with the traffic methodology utilized by the applicant. These issues are discussed below in the section entitled "Regional Impacts". The traffic consultant for Renaissance Commons has prepared a response to FDOT comments. As of this staff report, FDOT has not had ample time to respond to the new data. Additionally, no response has yet been received from the DCA. The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S. requires that the local governing body hold a public headng to review' and approve the NOPC. The City Commission is required to determine whether the proposed change to the Motorola DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation, they may take action to approve or deny the requested change. The original DRI Development Order adopted a Three-Phase Master Plan (see Exhibit "C" - Motorola Conceptual Master Plan ADA 1979). The first amendment to the DRI was approved by the City Commission on December 17, 2002, converting the Motorola entitlements from 825,000 square feet of industrial and office use to 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. The review of the DRI amendment also constitutes a review of the changes to the Master Plan for Motorola. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on January 27, 2004. ANALYSIS Notice of Proposed Chan.qe (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that one of the cdteda apply to the proposed changes to the Motorola DRI. These criteria, which are applicable for review of the proposed changes is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous Increases and decreases of at least two of the uses within an authorized multi-use development of regional Impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application, the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart (see Exhibit "B"). Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 " Amendment #2 involves changes to all of the use categories approved in Amendment #1: residential, commercial, office, and warehouse (storage & distribution). This proposal will eliminate the warehouse component while adding 1,001 multi-family residential units, adding 149,500 square feet of commercial while simultaneously reducing the office component by 202,200 square feet. The proposed increases and decreases in square footages are presumed to maintain the vested traffic generation level of 13,020 average daily trips (ADT). Conclusion The proposed changes delineated in Amendment #2 are presumed to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Determination Chart and a traffic study for review. Palm Beach County Traffic Engineering determined in a December 30, 2003 letter that NOPC #2 is projected to generate less peak hour tdps than what was previously approved, and therefore meets the Traffic Performance Standards of Palm Beach County. Master Plan Modification This is the second amendment proposed for the Motorola DRI adopted in early 1980. The Florida Statute goveming the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "Them are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". These changing market conditions are evident in the history of this DRI, which was planned and developed by Motorola for their exclusive use. Motorola began scaling back its operations at the existing facility in 2001. In October of 2002, Motorola sold the property, and it has since been purchased by the current applicant. The Motorola site is zoned Planned Industrial Development (PID) and Community Commemial (C-3). The applicant proposes to create 41.24 acres of Mixed Use designation and 45.74 acres of Multi-family residential. The Mixed Use is proposed along the Congress Avenue corridor, wrapping around the comer along the Gateway Boulevard corddor and southward through the center of the development. The Multi-family residential development is proposed along the Lake Worth Drainage District (LWDD) E-4 Canal and the Boynton Canal (C-16), as well as between the Mixed Use along Congress Avenue and the Mixed Use running through the heart of the development. Two additional access points are proposed along Congress Avenue (see Exhibit "D" - Renaissance Commons (fka Motorola) DRI NOPC #2 Master Development Plan). Impacts The proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Regional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Motorola DRI the major issue is whether there will be an increase in traffic beyond what was originally approved (13,020 average daily tdps and 1,634 peak hour tdps) resulting from the requested land use changes. The applicant prepared a traffic study that was transmitted to the Palm Beach County Traffic Division for their customary review and approval regarding concurrency. The County formally responded to the study in writing, indicating compliance with the Traffic Performance Standards of Palm Beach County. As mentioned earlier, FDOT has indicated that the traffic analysis submitted for the NOPC was insufficient in the areas of tdp distribution, calculation of pass-by trip reduction, clarification of the residential component of the conversion matrix and intersection & driveway analyses. The applicant's traffic consultant has prepared the information and gathered the data requested by FDOT and forwarded it to each review body. All agencies will review the new information and provide comments as soon as possible. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. Typical areas identified for review regarding potential local impacts are discussed below: Traffic - The traffic study methodology is a local concern as well. Palm Beach County has determined there are no additional local impacts associated with NOPC #2. The Master Plan proposes two additional entrances on Congress Avenue. Permits from Palm Beach County are required for these entrances. Turning movements and signalization issues will be evaluated and addressed at the site plan stage. Utilities - Based on the odginal Motorola Application for Development Approval the DRI is vested for 127,000 gallons per day (gpd) for both water and sewer. The City projected demand for the proposed development in NOPC #1 at 294,215 gpd for water and 255,865 gpd for sewer. This calculation is based on the formula in Chapter 26 of the Code of Ordinances. For NOPC #2, demand is projected to be 674,967 gpd for water and 560,193 gpd for sewer. Due to the magnitude of the increase above the prior approval, the Utilities Department is requiring that an evaluation of the off-site water and sewer service be conducted by the City at the applicant's expense. Any required improvements to the water and sewer systems and related levels of service will be borne by the developer. Additionally, the Utilities Department is continuing to refine the conversion matrix figures for each use proposed by the applicant and will have the final say on the exact numbers for each. These recommendations are addressed in Exhibit "E" - Conditions of Approval. Draina.qe - Drainage will also be reviewed in detail as part of the site plan approvals, and must satisfy all. requirements of the city and local drainage permittin~ authorities. The applicant submitted a copy of the current South Flodda Water Management permit for the 4 Motorola- DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 existing site. This permit will require modification based on the proposed development plan for the site. Environmental - The City's Forester/Environmentalist indicated in NOPC #1 that there were existing Burrowing Owl nests located on the Motorola property in the area of the proposed change. The applicant submitted a Migratory Bird Nest Removal Application with the State of Florida Fish and Wildlife Conservation Commission (FFWCC), as required, and a permit for Nest Burrow Removal was issued by the agency. A 100% site survey was conducted and three nest burrows were identified and excavated on January 14, 2004, in accordance with the permit. The City is in receipt of the Final Report from the FFWCC indicating that each of the burrows were determined to be "inactive", containing no eggs or flightless young. School Concurrency - The NOPC includes a request for 1,551 dwelling units, an increase of 1,001 from NOPC #1. This requires concurrency approval from the School Distdct of Palm Beach County. The applicant submitted a concurrency application to the School District and was approved for concurrency. ^ copy of the approval form was submitted to the Planning and Zoning Division. Parks and Recreation - Residential units are also subject to the city's park and recreation impact fee. The fee will be calculated based on the type of units constructed and will be due at the time the first building permit is issued for the residential portion of the proposed development. The City required that the applicant provide a greenway/pathway easement along the LWDD E-4 Canal to the east and the Boynton Canal C-16 to the south when Phase I of the Renaissance Commons site plan was approved. Consistency and Compatibility with City Policies In order for the Proposed development to go forward the land use and zoning are being simultaneously changed on the site. The applicant proposes to change the land use from Industrial (I) and Local Retail Commercial (LRC) to a new category, Development of Regional Impact (DRI) and change the zoning from Planned Industrial District (PID) and C-3 (Community Commercial) to a new category, Suburban Mixed Use (SMU). The applicable Comprehensive Plan policies in support of the proposed amendment are: Objective 1.15 of the Future Land Use Element and its policies provide the basis for approval of mixed use development in the city, as follows: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other Innovative methods of regulating land development." City staff is proposing an amendment to the Land Development Regulations for a Suburban Mixed Use zoning district, to be utilized for this and other similar-sized mixed-use projects that will not be located in the City's adopted Community Redevelopment Area. In addition, the creation of a Development of Regional Impact land use classification, and the companion Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Comprehensive Plan text amendment, will provi(~e site-specific ranges and intensities of uses allowed. Policy 1.19.2 provides the directions for re-designation of lands classified as "Industrial" on the Future Land Use Map: 'q'he City shall provide continued effort to allow for industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional Importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis." The proposed development for the site is consistent with the cited policy in that it will provide both commercial and residential development, is expected to generate employment opportunities and provide goods and services, as well as add to the range of housing opportunities in the City. The adoption of Motorola NOPC Amendment #2 is conditioned upon the approval of the land use amendment and rezoning request (see Exhibit 'E' - Conditions of Approval). Conclusion The only regional issue of significance is traffic. It is a significant issue on which both the Substantial Deviation determination and concurrency approval are based. Palm Beach County Traffic Engineering has already determined NOPC #2 would comply with the Traffic Performance Standards of Palm Beach County. Staff believes the additional data and analyses provided by the traffic consultant will help resolve any outstanding issues. Local impacts will be addressed in the Conditions of Approval for the NOPC #2. RECOMMENDATIONS Pursuant to Flodda Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Resolution of any traffic issues will be required to be resolved before any permits will be issued. Therefore, staff recommends approval of DRIA 03-001 subject to the Conditions of Approval attached in Exhibit Regarding the proposed modifications to the Motorola Master Plan staff recommends approval subject to the Conditions of Approval attached in Exhibit 'E'. S:~PLANNING~.~I'IARED~WI:~PROJECTS~q. eaalssance Commoas (fl(a MOTOROLA) ~TAFF REPORT DRIA 03.-00'I.DOC MOTOROLA (DRIA 03-1~01)EXHIBIT "A" Location Map PUD C3 SITE QI PARK C3 CANAl. EXHIBIT ,,B. TYPE OF LAND CHANGE PROPOSED ORIGINAL PREVIOUS USE CATEGORY. PLAN PLAN D.O. CHANGE & DATE OF CHANGE Site locafional changes Acreage, including . 'drainage. ROW. Ex. real Vehicle Trips . ADA RePresentations Runway (str~) Terminal (gross square feet) Apron Area (gross square fe~) WPB:164987:3 EXHIBI1 "~" Site locational changes Airport Acreage, including drainage, RO W, ' easements~ etc. it External NA Vehicle Trips Airports(cont.) D'O' C°nditi~ns .Il Il. I1' representations Building (gross square feet) Site locafional chang~ Acreage, including drainage, ROW, Hospitals easements, etc. External Vehicle Trips ADA representations WPB:164987:.t E×H~B~T "B" Acreage, 0 acres 10.3 acres' including drainage, POW, 87 acres (Ord. 02-061) easements, etc. 12/17/02 ** could be 128,000 s.f. Building (gross inmxluced into 850,000 s.f. (Ord~ 02-061) square feet)' mixed-me 12/17/02 Industrial development via utilization of Use Conversion Matrix chemical storage (barrels and pounds) Site locafional changes # External vehicle '~trips ADA Mixed-Use Industrial MultiPle 1.1.~ representations Project Park Project Minlng Operations Acreage mined (yea0 Water withdrawal Size of mine (acres), including drainage, ROW, easements, etc. Site locafional changes. WPB:164987:3 F-XNIBIT # External vehicle trips ADA representations Acreage, 29.0 acres including 41.24 acres of 0 acres (Ord. 02-061) drainage, R~r, mixed-use easements,_ e~. 12/17/02 Building (gr~ss . 450,000 square feet)' 247,800 s.f. 0 s.f. * (Ord. 02-061) · . 12/17/02 Site locational chang~ · # External vehicle · permitted Office (cont.) representations use within industrial use Petroleum/Chemical Storage' Capacity Storage (barrels and/or .. pounds) Distance to Navigable Waters (feet) ' Site locations changes WPB:164987:3 EXHIBIT "B~' Facility Acreage, including NA drainage, ROW, easements, etc. # External vehicle trips ADA representation~ # Boats, wet NA storage # Boats, dr7 storage. Dredge and fill (cu. yds.) Petroleum storage Site loeational changes Ports (Marinas). Port A~eage~ including drainage, ROW, easemellts~ etc. # External vehicle trips ADA representafiom WPB:1G4987:3 EXHIBIT·.B. 500 MF du's # Dwelling units 1551 MF du's 0 (Ord. 02-061) , 12/1'7/02 Multi-family Type of dwelling Multi-familY HA (Ord. 02~061) · . 12/17/02 Residential Acreage, t ' including / 33 acres drainage, RO~' 45.74 acres 0 (Ord. 02-061) easements,.e~c. 12/17/02 Site locational changes # External Vehicle trips Acreage, I inclUding 41.24 acres of 29.0 acres drainage, ROW, mixed'use 0 acres (Ord. 02-061) easements, etc. 12/17/02 Floor Space 63,500 s.f. (gross square 213,000 s.f. 0 s.f. (Ord. 02-061) feet) 12/17/02 Wholesale, Retail, Service #Employeesil. '11 Site locational changes . # External vehicle trips' ADA representations WPB:16498763 · EXHIBIT "B" ' Floor space (gross square feet) [ # Parking Places II Site locafional changes Hotel/Motel Acreage,' . . including NA drainage, ROW, easements, etc. # External vehicle trips ADA representations Acreage, including NA drainage, ROW, easements, ere, # Parldng Spaces Buildings (grogs square feet) R.V. Park 'Employees Site locafional changes _ # External vehicle trips D.o-~-~o~ ADA representations WPB:164987:3 EXHIBIT "B" Site locafional changes . Open Space (All natural and vegeiated TYP© of open non-impervious space .. surfaces) ADA ' represeniati°~s Site locational changes Preservation, Buffer or ' m I Special Protection Developmeht of · Areas site proposed representations . ] WPB:164987:3 CONCEPTUAL MASTER PLAN PHASE I LEGEND PLAN-ADA 1" CONCEPTUAL MASTER PLAN PHASE II! LEGEND CONCEPTUAL MASTER PLAN PHASE ii LEGEND N.w. 22 Averse ""' ,~. Rec~eatl~tal Area t j fl~3. Boynton Canal 'DEVELOPMENT OF REGIONAL IMPACT MAP MOTOROLA -.,,~ EXHIBIT "E" Conditions of Approval Project name: Renaissance Commons (fka Motorola) DRIA File number: DRIA 03-001 Reference: 2~a review plans identified as a Development of Regional Impact Amendment Master Plan with a January 27, 2004 Planning & Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the project. 2. Justify the water and sewer values used in the conversion matrix. Those X numbers should relate to what actually has been purchased to date. Provide specific justification for the hig~h values applied to office and industrial uses 3. Based upon the applicant's conversion matrix (which we do not accept), the X site exhibits an increase from the current use of 2161.66 dwelling units (equivalent) to 3281.01 dwelling units (equivalent) with the proposed change. A change of this magnitude would require the applicant to fund a re-study of the Utilities Master Plan for water and wastewater in the affected area. Any cost for utility upgrades as a result of impacts from this project shall be borne by the applicant. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Provide a master storm water management plan in accordance with the X LDR, Chapter 3, Article IV, Section BUILDING DIVISION Conditions of Approval DEPARTMENTS INCLUDE REJECT Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTAI,lST Comments: None X PLANNING AND ZONING Comments: 5. Provide a letter from the South Florida Water Management District X regarding impacts to ground and surface water as a result of the proposed change, prior to issuance of any building perrm'ts. 6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X [ proposed change is presumed to be a substantial deviation. This I I be rebutted by clear and convincing evidence. [ presumption may 7. Indicate the width of all access points to ensure their compliance with City X code. Also show the access points to collector and arterial streets indicating their compliance with access requirements within the code. 8. The approval of NOPC #2 is contingent upon the approval of the Land Use X Amendment to Development of Regional Impact (DRI) and Rezoning to Suburban Mixed Use (SMU). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SAPIanning~SHARED\WP~PROJECTS~Renaissance Commons~DRIA 03-001/lVlPMD 034)02\COA.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC 'ITEM G. 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 l5, 2003 (Noon) [] March 2, 2004 Canceled Februaryl6,2004(Noor~ [] January20,2004 January 5, 200a (Noon) [] March l6,2004 March l,200n(Noon) ?~ [] Administrative [] Legal ~ NATURE OF [] Announcement [] New Business '~ "~ AGENDA ITEM [] City Manager's Report [] Presentation ~ Cr~c~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECQMMgNDAT!O31;~ __ Please place this request on the March 16, 2004 Cit~ Commission-Agenda under - Public Hearing, Legal, Ordinance - First Reading. The Planning and Development Board on a 5 to 0 vote with two abstentions, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-035. EXPLANATION: PROJECT: Renaissance Commons (LUAR 03-009) AGENT: Klm Glas-Castro, AICP, Ruden McClosky OWNER: Compson Associates of Boynton II, LLC LOCATION: Southeast comer of Congress Avenue and Gateway Boulevard DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Industrial (I) and Local Retail Commercial (LRC) to Development of Regional Impact (DRI). PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~J Developmcl~ff~D~Par~en~ I~irec~x' City Manager's Signature Planning and Zoning/tJirector S:~Planning~SHARED\WPXPROJECTS~Renaissance Comrnons~LUAR 03-009~Agenda Item Request Renaissance Commons Pub. 1 st read Amend LUAR 03- 009 3-16-04.dot S:~BULLETINWORMSL~GENDA ITEM REQUEST FORM.DOC -- i - ORDINANCE;HO: 04- 7. 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 LOCATED AT THE SOUTHEAST CORNER OF 6 CONGRESS AVENUE AND GATEWAY ? BOULEVARD' (RENAISSANCE COMMONS); 8 AMENDING ORDINANCE 89-38 BY AMENDING 9 THE FUTURE LAND USE ELEMENT OF THE l 0 COMPREHENSIVE PLAN OF THE CITY FOR THE 11 PROPERTY MORE PARTICULARLY DESCRIBED 12 HEREIN; THE LAND USE DESIGNATION IS BEING 13 CHANGED FROM LOCAL RETAIL COMMERCIAL 14 (LRC) AND INDUSTRIAL (I) TO DEVELOPMENT OF 15 REGIONAL IMPACT (DRI); PROVIDING FOR 16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 17 DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 2 0 ed a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 21 Element by Ordinance No. 89-38 in accordance with the Local Government 22 five Planning Act; and 23 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Plan as set forth in Chapter 163, Florida Statutes, has been followed; 25 2 6 WHEREAS, after public hearing and study, the City Commission deems it in the 27 interest of the inhabitants of said City to amend the aforesaid Element of the 2 8 five Plan as adopted by the City herein. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 3 0 CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1: The foregoing WHEREAS clauses are true and correct and 32 incorporated herein by this reference. g: \CA\Ordinances\Planning\Land Use\Renaissance Con. nons. doc i Section 2: Ordinance No. 8?-38 oft. he City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land shall be designated as 4 Development of Regional Impact (DRI)). Said land is more particularly described as 5 follows: 6 a,l~I~ THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL 7 DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 8 3OOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. 9 10 ~,l J~ OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION OF SECTIONS 11 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT THEREOF, 12 RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS OF PALM 13 3EACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED IN SECTION 14 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY 15 3OYNTON CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE 16 ~UBDIVISION OF SECTIONS 29 AND 20, TOWNSI-m) 45 SOUTH, RANGE 43 EAST, 17 XCCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, 18 ?ALM BEACH COUNTY RECORDS, Al_SO INCLUDING 30 FOOT STRIP SHOWN AS 19 ~OAD EASEMENT RUNNING FROM CANAL C- 16 NORTH TO THE NORTH lINES 2 0 OF LOTS 102 AND 107 EXTENDED OF SUBDIVISION OF SECTIONS 29 AND 20, 21 RECORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC RECORDS OF PALM 22 BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO 102 ON THE EAST 2 3 AND LOST 94, 95 AND 103 THROUGH 107 ON THE WEST IN SAID SUBDIVISION. 24 2 5 ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS 26 DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING 2 7 [ [BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF- 2 8 ] [WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4, 29 [IEXCEPTING THAT PORTION OF TRACTS 94, 95, 103, 104, 105, 106 AND 107, 3 0 I[SECTION 20, SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, 31 I ]RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT I~BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH I.IF.S 32 35 ALSO, ALL THAT PART OF THE SW % OF SECTION 17 AND THE NW ',4 OF 3 6 ',ECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 3 7 LORIDA, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 3 8 22ND AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF 3 9 FHE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND NORTH OF 4 0 FHE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 ~:\CA\Ordinances\Planning\Land Use\Renaissance Co~ons.doc 1 EAST, RECORDED IN PLAT BOOK 7, PAGE 20; FIEREINA'BOVE DESCRIBED, AND 2 EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS AVENUE AND 3 7gEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE LAKE WORTH 4 )RAINAGE DISTRICT EQUALIZING CANAL E-4. 6 ~XCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF- 7 WAY OF CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUAl ]ZING 8 ZANAL E-4 AND RIGHT-OF-WAY OF CANAL C- 16 FORMERLY BOYNTON CANAL 9 10 Section 2: That any maps adopted in accordance with the Future Land Use Element 11 ;hall be amended accordingly. 12 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby l 3 'epealed. 1 4 Section 4: Should any section or provision of this Ordinance or any portion thereof 15 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 16 the remainder of this Ordinance. 17 Section 5: This Ordinance shall take effect on adoption, subject to the review, 18 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 19 Planning and Land Development Regulation Act. No party shall be vested of any fight by 2 0 virtue of the adoption of this Ordinance until all statutory required review is complete and all 21 legal challenges, including appeals, are exhausted. In the event that the effective date is 2 2 :stablished by state law or special act, the provisions of state act shall control. 2 3 FIRST READING this __ day of ,2004. 24 :\CA\Ordinances\Planning\Land Use\Renaissance Con. nons.doc ]- SECOND, FINAL READING and PASSAGE this ~ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner ]_2 13 ]_ 4 Commissioner 15 ]-7 Commissioner ]-8 " 20 2 t Clerk 22 23 ICorporate Seal) 24 ;:\CA\Ordinances\Planning\Land Use\Renaissance C~q~nons.doc DEVELOPMENT DEPARTMENT PLANNTNG & ZON];NG DlrV]:STON MEMORANDUM NO. PZ 04-035 TO: Chairman and Members Planning and Development Board and City ~n FROM: Dick Hucl~mt~h~ICP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 9, 2004 PRO.1ECT NAME/NUMBER: Renaissance Commons (fka Motorola) Development of Regional Impact (DR[) / LUAR 03-009 REQUEST: To reclassify the property from Local Retail Commercial (LRC) .... and Industrial (I) to Development of Regional Tmpact (DR[) and to rezone from P]:D Planned Tndustdal Development and C-3 .... Community Commercial to SMU Suburban Mixed Use PRO.1ECT DESCRZPT~ON Property Owner: Compson Associates of Boynton II, LLC Applicant/Agent: Ruden McCIosky/Kim Glas-Castro, AICP Location: Southeast corner of Congress Avenue and Gateway Boulevard (see Exhibit "A'~ Project Size +86.98 acres Existing Land Use: Local Retail Commercial and Industrial Existing Zoning: PID Planned Industrial Development and C-3 Community Commercial Proposed Land Use: Development of Regional Tmpact (DR[) Proposed Zoning: SMU Suburban Mixed Use Proposed Use: Mixed Use Development Page 2 File Number: LUAR 03-009 Renaissance Commons (fka Motorola DR1) "'~ -* ~- ~ - ' Adjacent Uses: North: Right-of-way of Gateway 8oulevard then commercial development (Shoppes of Boynton) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of the C-16 (Boynton) Canal, then vacant property designated Moderate Density Residential (IVlEDR) and zoned R-l- - AA Single Family Residential. East: Right-of-way of the Lake Worth Drainage District E-a, Canal, then developed property (Boynton Beach High School) designated Tndustrial (1~) and zoned PID Planned Tndustrial Development (QUantum Park). West: Right-of-way of Congress Avenue then commercial development (Catalina Center) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PRO3ECT ANALYSZ~; The parcels, which are the subject of this land use amendment, total 86.98 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public headng, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans pdor to adoption. Following the review pedod of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted dudng two amendment cycles each calendar year. An exception to that rule is in the case of a Development of Regional Impact (DR1) where the law permits amendments to be adopted without being subject to the twice-yearly restrictions. The odginal Motorola DR1 as approved in 1979 was, upon buildout, to contain 825,000 square feet (sq. ft.) of industrial, research and development, and office uses. Following approval, 625,000 sq. ft. of industrial and office uses were constructed, with the remaining 200,000 sq. ft. of approved office use left undeveloped, l~n 2002, both the DR1 development approval and the future land use designations were amended to allow the development of 63,500 square feet of commercial uses and 500 multi-family residential units in place of the unbuilt 200,000 sq. ft. of office use. The subject request would designate the entire 86.98 acres as Development of Regional llmpact (DR1), a new future land use designation being adopted through a companion Comprehensive Plan text amendment (CPTA 03-001) and rezone the property to SMU-Suburban Mixed Use, a new zoning district also being reviewed concurrently. Page 3 File Number: LUAR 03-009 R~h-a~iss~nce Commons (fka Motorola DPt) ' ~-~ ' - The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adm/n/strab'on and Enforcement, Item C. Comprehens/ve P/an Amendments: Rezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezon/ng would be cons/stent w/th appl/cable comprehens/ve p/an po#c/es/nc/ud/ng but not 1lin/ted to, a proh/b/b'on aga/nst any/ncrease/n dwe///ng un/t dens/b/exceed/ng 50/n the hurricane evacuab'on zone w/thout written approval of the Palm Beach County Emergency P/ann/ng D/v/s/on and the C/b/'~ risk manager. The planning department shall a/so recommend//m/tab'ons or requ/rements, wh/ch would have to be imposed on subsequent development of the properly,/n order to comply w/th po#c/es conta/ned /n the comprehens/ve p/an. The property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residenUal densiUes does not apply. Other applicable objectives and policies from the comprehensive plan are cited below. ObjecUve 1.15 of the Future Land Use Element and its policies provide the basis for approval of mixed use development in the city, as follows: "The City shall encourage'~planned development projects which are sensitive- characteristics of the site and to surrounding land uses, and mixed-use projects in IocaUons which are appropriate, and utilize other innovative methods of regulating land development." City staff is proposing an amendment to the Land Development Regulations for a Suburban Nixed Use zoning district, to be utilized for this and other similar-sized mixed use projects that will not be located in the City's adopted Community Redevelopment Area. In addiUon, the creation of a Development of Regional Impact land use classificaUon, and the companion Comprehensive Plan text amendment, will provide site-spedfic ranges and intensiUes of uses allowed. Policy 1.19.2 provides the directions for redesignation of lands classified as "Industrial" on the Future Land Use Nap: "The City shall provide continued effort to allow for industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Nap may be converted to commercial or residential designaUons if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportuniUes for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis." The proposed development for the site is consistent with the cited policy in that it will provide both commercial am~e~velopment, is expected to generate approximately 1,090 jobs, and provide goods and services, as well as add to the range of housing opportunities in the City. Page 4 File Number: LUAR 03-009 RenaiSsanCe Commons (fka Hotorola DRZ) ~ ~ b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated distn'ct unrelated to adjacent and nearby distn'ct~, or would constitute a grant of special p/ivilege to an individual property owner as contrasted with the protection of the public welfare. The proposed land use amendment and rezoning would create a district which might, on first examinaUon, seem to be isolated; however, because of the uses allowed by both the land use designation and the land development regulaUons, the district would relate to the adjacent properties. c. Whether changed or changing conditions make the proposed rezoning desirable. There are several conditions that have changed since the DRI, consisting of +86.98 acres, was approved in 1979. The project was originally expected to develop at buildout with a total of 825,000 square feet of industrial, research and development, and office uses. Even as planned, this was an extremely inefficient use of land, with a floor area raUo (FAR) of 0.22, compared to the maximum 0.50 FAR now permitted in the Industrial land use category. The 2002 conversion of a portion of the property to allow for mixed use development was the first step; however, approximately half of the property remained with an Tndustrial land use and Planned Zndustdal Development zoning. The current proposal to give the enUre parcel a single land use designation and single zoning district will allow for a greater integraUon of uses--and a more innovative design for the enUre property. (See item "f" below for further explanaUon.) d. Whether the proposed use would be ¢ompat/'ble with u~'lity systems, roadways, and other public facili~'es. As a part of the approval for the odginal DRI in 1979, the development became vested for 13,020 daily trips and 1,634 peak hour trips. Even though the types of development on the site are proposed to change; however, since the trip generaUon will remain at the originally approved level, there is no addiUonal impact anUcipated on the roadway system. Water and sewer demands have been evaluated and are projected to increase from 295,742.5 gallons per day to 734,436 gallons per day. It has been determined that the demands can be served by the existing capaciUes at the City's water and sewer treatment plants. Through a land use amendment and rezoning in 2002, the property was approved for the development of 500 multi-family residential units. The proposed increase in the number of residential units to 1,551 residenUal units requires approval by the Palm Beach County School District. This increase will also require the payment of addiUonal recreaUon impact fees. e. Whether the proposed rezoning would be compaq'hie with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby propert/'es. The proposed rezoning would be compaUble with the Quantum PID uses to the east of the property, and with the C-3 Community Commercial uses on the north and west. The land development regulations for the Suburban Mixed Use district are designed to lessen the impacts on surrounding existing development by keeping the taller and more intense structures away Pa. ge.5_ File Numl:~er: LUAR 03-009 Renaissance Commons (fka Motorola DI~) from the perimeter of the property. Additionally, the property is separated from adjacent properties by roadways or canals. f. Whether the property is physically and economically developable under the ex/sting zoning. Approximately 49.69 acres of the property, currently designated Industrial, is developed with 625,000 square feet of industrial space, including ancillary office and storage. The specialized nature of the existing buildings limits their potential adaptability for other industrial uses, including other desirable light industrial uses. The demand in recent years has been focused on warehousing and distribution; however, affcer a relatively long pedod of high construction activity, the local industrial markets have been negatively affected by the economic downturn. Given the overall market conditions, it may be cost prohibitive to wait out the pedod of time required to locate industrial uses that would be a suitable match for this unique type and size of space. The remaining 35.86 acres is designated Local Retail Commercial and is approved for development of 63,500 square feet of commercial uses and 500 multi-family residential units. 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 size of the property lends itself to a large mixed-use project. The proposed rezoning to a -- single mixed-use district will allow for master planning a development that integrates uses and shares infrastructure, as opposed to the subdivision of the property into a number of single-use parcels. h. Whether there are adequate sites elsewhere in the dty for the proposed use, in d/stn'cts where such use is already allowed. There are no sites outside the downtown redevelopment districts that permit a truly integrated mixed use development of the type allowed under the SMU distdct regulaUons. CONCLUSZONS I RECOHHENDAT~QIq$ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create addiUonal impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the request to reclassify the subject property to Development of Regional Impact (DRI) and to rezone the property to SMU - Suburban Nixed Use be approved. If the Planning and Development Board or the City Commission recommends condiUons, they will be included within Exhibit "B". AI-FACHMENTS 1 in. = 600.0 feet LRC ',.ESS INDt iTRIAL MODR LOCATION MAP RENAISSANCE COMMONS /III.-PUBLIC Hi ARING ITEM H; CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORtv 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 I~ r-ct~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ::~ '. RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda un~i~r Public Hearing, Legal, Ordinance - First Reading. The Planning and Development Board on a 5 to 0 vote with two abstentions, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-035. EXPLANATION: PROJECT: Renaissance Commons (LUAR 03-009) AGENT: Kim Glas-Castro, AICP, Ruden McClosky OWNER: Compson Associates of Boynton II, LLC LOCATION: Southeast comer of Congress Avenue and Gateway Boulevard DESCRIPTION: Request to rezone from Planned Industrial Development (PID) and C-3 Community Commercial to Suburban Mixed Use (SMU). PROGRAM IMPACT: Developme~lSep~ma~n'f' l~ar~ctor ~' ' City Manager's Signature '~ Planning and Zoning Dii~ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTSXRenaissance CommonsXLUAR 03-O09~Agenda Item Request Renaissance Commons Pub. I st read Rezone LUAR 03-009 3-16-O4.dot S:~BULLETINZFORMS~GENDA ITEM REQUEST FORM.DOC i ORDINANCE NO. 04- 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 COMPSON ASSOCIATES OF BOYNTON II, 6 LLC, AMENDING ORDINANCE 02-013 OF 7 SAID C1TY BY REZONING A PARCEL OF 8 LAND MORE PARTICULARLY 9 DESCRIBED HEREIN, FROM PD 10 pLANNED INDUSTRIAL DEVELOPMENT 3_3_ AND C-3 COMMUNITY COMMERCIAL TO 3_2 SMU (SUBURBAN MIXED USE); 13 PROVIDING FOR CONFLICTS, 3_4 SEVERABIL1TY AND AN EFFECTIVE 15 DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 3_ 9 and 20 WHEREAS, Compson Associates of Boynton II, LLC, owners of the 2l more particularly described hereinafter, has heretofore filed a Petition, 22 their agent, Ruden McClosky/Kim Glas-Castro, pursuant to Section 9 of 2 3 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for 2 4 purpose of rezoning a tract of land consisting of approximately + 86.98 acres, 2 5 ;aid land being more particularly described hereinafter, from PID (Planned Industrial 26 and C-3 (Community Commercial) to SMU (Suburban Mixed Use); 27 2 8 WHEREAS, the City Commission conducted a public hearing and heard 29 and received evidence which the Commission finds, supports a rezoning for 30 property hereinafter described; and \CA\0rdinances\Planning\Rezoning\Rezoning - Renaissance.doc WHEREAS, the City Commission finds that the proposed rezoning is :onsistent with an amendment to the Land Use which was contemporaneously :onsidered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zoning Map as hereinafter 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 8 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are tree and correct and 10 ncorporated herein by this reference. 11 2. The following described land, located in the City of Boynton Beach, :1_2 as set forth as follows: 13 14 THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL 15 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN 16 BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC 17 18 19 OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION OF 2 0 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT 21 RECORDED IN PLAT BOOK 7, PAGE 20, OF TI-IE PUBLIC RECORDS 2 2 PAI_2VI BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED 2 3 SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON 24 SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94, 2 5 20, OF THE SUBDMSION OF SECTIONS 29 AND 20, TOWNSHIP 45 2 6 RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED 27 PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY RECORDS, ALSO 2 8 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING FROM 2 9 C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED 3 0 SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7, 31 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 32 BETWEEN LOTS 96 TO 102 ON TRE EAST AND LOST 94, 95 AND 103 33 107 ON THE WEST IN SAID SUBDMSION. 34 ~:\CA\Ordinances\Plarming\Rezoning\Rezoning -. Renaissance.doc 1 MZ;O, Al.l. LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND 2 LANDS DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE 3 LYING BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE 4 RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING 5 2ANAL E-4, EXCEPTING THAT PORTION OF TRACTS 94, 95, 103, 104, 105, 106 6 M'qD 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 7 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED 8 IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH 9 LIES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20. 10 11 ~LSO, ALL THAT PART OF THE SW IA OF SECTION 17 AND THE NW IA OF 12 ~ECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 13 ?LORIDA, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 14 >.2ND AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 15 DF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND NORTH 16 DF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 17 43 EAST, RECORDED IN PLAT BOOK 7, PAGE 20, HEREINABOVE DESCRIBED, 18 AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS :1_9 AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF 2 0 rilE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4. 21 2 2 EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT- 23 OF-WAY OF CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT 24 EQUALIZING CANAL E-4 AND RIGHT-OF-WAY OF CANAL C-16 FORMERLY 2 5 BOYNTON CANAL 26 27 e and the same is hereby rezoned from PID (Planned Industrial Development) and C-3 2 $ 2ommunity Commercial) to SMU (Suburban Mixed Use). A location map is attached 2 9 ereto as Exhibit "A" and made a part of this Ordinance by reference. 3 0 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 31 :cordingly. 32 Section 4: All ordinances or parts of ordinances in conflict herewith are 3 3 hereby repealed. 34 Section 6: Should any section or provision of this Ordinance or any portion 3 5 ~ereof be declared by a court of competent jurisdiction 'tO be irivalid, guc~s~"slialI 3 6 ot affect the remainder of this Ordinance. 5:\CA\Ordinances\Planning\Rezonin~\Rezonin~ - Renaissance.doc 3_ Section 7. This ordinance shall become effective immediately upon passage. 2 READING this ~ day of ,2004. 3 ;ECOND, FINAL READING and PASSAGE this ~ day of ,2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 3- 6 Commissioner 17 18 3- 9 Commissioner 20 " 21 22 2 3 Clerk 24 2 5 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Renaissance.doc DEVELOPMENT DEPARTMENT PLANN]~NG &ZONtNG DXV~S[ON MEMORANDUM NO. PZ 04-035 TO: Chairman and Members Planning and Development Board and City ~,~.~,on FROM: Dick HuclSbft~CP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 9, 2004 PRO.1ECT NAME/NUMBER: Renaissance Commons (fka Motorola) Development of Regional [mpact (DR[) / LUAR 03-009 REQUEST: To redassify the property from Local Retail Commerdal (LRC) and [ndustrlal (D to Development of Regional Impact (DR[) and to rezone from PID Planned Industrial Development and C-3 Community Commerdal to SMU Suburban Mixed Use pRO~ECT DESCI~IrI'~ON Property Owner: Compson Assodates of Boynton [[, LLC Applicant/Agent: Ruden McCIosky/Kim Glas-Castro, A[CP Location: Southeast comer of Congress Avenue and Gateway Boulevard (see Exhibit "A") Project Size +86.98 acres Existing Land Use: Local Retail Commerdal and Industrial Existing Zoning: PID Planned Industrial Development and C-3 Community Commerdal Proposed Land Use: Development of Regional Impact (DR[) Proposed Zoning: SMU Suburban Mixed Use Proposed Use: Mixed Use Development Page 2 Rle Number: LUAR 03-009 Renaissance Commons (fica Motorola DR[) AdJacent Uses: North: Right-of-way of Gateway Boulevard then commerdal development (Shoppes of Boynton) designat~! Local Retail Commerdal (IRC) and zoned C-3 Community Commerdal. South: Right-of-way of the C-16 (Boynton) Canal, then vacant property designated Moderate Density Residential (MEDR) and zoned R-l- ' AA Single Family ResidenUal. East: Right-of-way of the Lake Worth Drainage District E-4 Canal, then developed property (Boynton Beach High School) designated Zndustrlal (D and zoned PID Planned ~[ndustrlal Development (Quantum Park). West: Right-of-way of Congress Avenue then commerdal development (catalina Center) designatecl Local Retail Commerdal (IRC) and zoned C-3 Community Commerdal. PROJECT ANALY~!~ The parcels, which are the subject of this land use amendment, total 86.98 acres. Because of' the size of the property under consideraUon, the Rodda Department of Community Affairs dassifles this amendment as a ~large-scale" amendment. Following local board review and City Commission public headng, a "large-scale" amendment is transmitted to the Rodda Department of community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an ~ObjecUons, RecommendaUons and Comments (ORC) Report". The City then has 60 days to either (:t) adopt the amendment as transmitted, (2) adopt the amendment with changes In response to the ORC report, or (3) determine not to adopt the amendment and Inform DCA of that dedsion. According to Rodda Statutes Chapter ~[63, large-scale amendments may only be adopted dudng two amendment cydes each calendar year. An excepUon to that rule is in the case of a Development of Reglonal Impact (DP, Z) where the law permits amendments to be adopted without being subject to the twice-yearly restrictions. The odginal Motorola DR[ as approved in :t979 was, upon buildout, to contain 825,000 square feet (sq. ft.) of Industrial, research and development, and office uses. Following approval, 625,000 sq. ft. of Industrial and office uses were constructed, with the remaining 200,000 sq. ft. of approved office use left undeveloped. In 2002, both the DR[ development approval and the future land use designations were amended to allow the development of 63,500 square feet of commercial uses and 500 mulU-family residenUal units in place of the unbuilt 200,000 sq. ft. of office use. ThesubJect request would designate the entire 86.98 acres as DevelOpment of Regional Impact (DRD, a new future land use designation being a~ through a companion comprehensive Plan text amendment (CFI'A 03-00:t) and rezone the property to SMU-Suburban Mixed Use, a new zoning district also being reviewed concurrently. Page 3 - Rle Number: LUAR 03-009 Renaissance Commons (fka Motorola DI~) The cdteda used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Admln/stratlon andEnfor~emen¢ i[tem C. Comprehens/ve P/an Amendment: 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 Hap. a. Whether the proposed rezoning would be cons/stent w/th applicable comprehensive plan po/ides including but not//m/ted to, a proh/b/ffon against any Increase In dwe#1ng un/t density ex~eeding 50 in the hurricane evacuation zone without wr/tten approval of the Palm Beach County Em~ Planning DM~ion and the ~ risk manager. The planning deportment shall al~o recommend #m/rations or requiremen~ which would have to be Imposed on subsequent development of the property,/n order to comply w/th po#des conta/ned /n the comprehensive p/an. The property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable objectives and polides from the comprehensive plan are ~ below. ObjecUve Z.Z5 of the Future Land Use Element and its P°lides provide the basis for approval of mixed use development in the city, as follows: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and uUIize other Innovative methods of regulaUng land development." City staff is proposing an amendment to the Land Development Regulations for a Suburban Mixed Use zoning district, to be utilized for this and other similar-sized mixed use projects that will notbe Iocat~J in the City's adopted community Redevelopment Area. In addition, the creation of a Development of= Regional Zmpact land use classification, and the companion comprehensive Plan text amendment, will provide site-spedflc ranges and Intensifies of uses allowed. Policy Z.:[9.2 provides the direcUons for redesignaUon of lands dassified as ~]rndustrlal" on the Future Land Use Hap: "The Qb/shall provide conUnued effort to allow for industrial acreage; however, that land designated =[ndustrlal" on the currently adopted Future Land Use Hap may be converted to commercial or residential designaUons if the conversion (I) would generate a range of employment choices for current and future residents, provide goods and services of regional Importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis." The ~ development for the site is consistent W~h the cited policy in that it will provide both commerdal and residential development, is expected to generate approximately :[,090 Jobs, and provide goods and services, as well as add to the range of housing opportuniUes in the City. Page 4 Rle Number: LUAR 03-009 Renaissance Commons (fica Motorola DR[) b. Whether the proposed rezoning would be contrary to the establ/$hed land use pattern, or would create an Isolated dis~ict unrelated to ad, facent and nearby dis~ric~, or would consfftute a grant of spec/al prMlege to an individual property owner as contrasted ~ the protection of the pub/lc we/fare. The proposed land use amendment and rezoning would create a distztct which might, on first examination, seem to be Isolated; however, because of the uses allowed by both the land use designation and the land development regulations, the district would relate to the adjacent properties. c. Whether chan~.Ted or changin~.7 conditions make the pro~ rezonlng desirable. There am several conditions that have changed since the DR[, consisting of +86.98 acres, was .approved in ~.979. The project was originally expected to develop at buildout with a total of 825,000 square feet of Industrial, research and development, and office uses. Even as planned, this was an extremely ineffident use of land, with a floor area ratio (FAR) of 0.22, compared to the maximum 0.50 FAR now permitted in the :Industrial land use category. The 2002 conversion of a portion of the property to allow for mixed use development was the first step; however, approximately half of the property remained with an :Industrial land use and Planned :Industrial Development zoning, The current proposal to give the enUm parcel a single land use designation and single zoning district will allow for a greater integraUon of uses and a more Innovative design for the enUm property. (See item '~' below for further explanaUon.) d. Whether the proposed use would be compatible w/th uff//ty systems, roadways, and other pub#c As a part of the approval for the original DR[ in :[979, the development became vested for :[3,020 dally trips and :[,634 peak hour trips. Even though the types of development on the site are proposed to change; however, since the trip generaUon will remain at the originally approved level, them is no addiUonal Impact anfldpated on the roadway system. Water and sewer demands have been evaluated and am projected to Increase from 295,742.5 gallons per day to 734,436 gallons per day. :It has been determined that the demands can be served by the exJsting capadties at the Qty's water and sewer treatment plants. Through a land use amendment and rezoning in 2002, the pmperb/was approved for the development of 500 multi-family residenUal units. The proposed Increase in the number of residential units to :[,55:[ residential units reqUires approval by the Palm Beach Counb/School District. This increase will also require the payment of addiUonal recreaUon Impact fees. e. Whether the proposed rezonlng would be compaffb/e re'th the current and future u~e of adjacent and nearby properties, or would affect the property va/ue~ of adjacent or nearby pmperffes. The proposed rezoning would be compaUblewith the Quantum PID uses to the east of the property, and with the C-3 Community Commerdal uses on the north and west. The land development regulations for the Suburban Hixed Use district am designed to lessen the Impacts on surrounding existing development by keeping the taller and mom Intense structures away P_age Rle Numar: LUAR 03-009 Renaissance Commons (fica Motorola DR/) from the perimeter of the property. Additionally, the property is separated from adjacent properties by roadways or canals. f. Whether the property is physically and economically developable under the exYsffng zoning. Approximately 49.69 acres of the property, currently designated Zndustrlal, is developed with 625,000 square feet of Industrial space, induding andllary office and storage. The specialized nature of the existing buildings limits their potential adaptability for other Industrial uses, induding other desirable light Industrial uses. The demand in recent years has been focused on warehousing and distribution; however, after a relatively long period of high construction activity, the local Industrial markets have been negatively affected by the economic downtum. Given the overall market conditions, it may be cost prohibitive to wait out the period of time required to locate Industrial uses that would be a suitable match for this unique type and size of space. The remaining 35.86 acres is designated Local Retail Commerdal and is approved for development of 63,500 square 'feet of commerdal uses and 500 multi-family residential units. g.Whether the proposed rezon/ng is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The size of the property lends Itself to a large mixed-use project. The proposed rezoning to a single mixed-use district will allow for master planning a development that integrates uses and shares infrastructure, as oppOsed to the subdivision of the property into a number of single-use parcels. h. Whether them are adequate sites elsewhere in the db/for the proposed use, in districts where such use i$ already a/lowed. There are no sites outside the downtown redevelopment districts that permit a truly integrated mixed use development of the type allowed under the SHU district regulations. ~NCLUSION$/RECOMMENDAI'~ONS As Indicated herein, this request is consistent with the Intent of the Comprehensive Plan; will not create additional Impacts on infra~re that have not been anfldpated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the request to reclassify the subject property to Development of Regional Impact (DR/) and to rezone the property to SHU - Suburban Mixed Use be approved. If the Planning and Development Board or the Qty Commission recommends conditions, they will be included within Exhibit ATTACHMENTS 1 In. - 600.0 feet LRC ~TRiAL LOCATION MAP RENAISSANCE COMMONS tx. - CZTY NANAGER'S . CITY OF BOYNTON BEA(REPORT .............. AGENDA ITEM REQUEST ZTEt n ..... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must b~ Turned in Meeting Dates in to City Clerk's Office Meeting Dates ~C~'s Office [] Dec~nb~ 2, 2003 Noveml~x 17, 2003 (Noon.) [] Feinnmry 3, 2004 January 20, 2004 (Noon) [] December 16,2003 December 1, 2003 (Noo~) ~ Feinn~aty 17,2004 Fcbmary2,200n(Noon) [] January6,2004 De~nnber 15,2003(Noon) [] March2,2004 February 17,2004(Noon) January 5, 2004 (Noon) ~ March 16,2004 March 1, 2004 (Noon) January 20, 2004 [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliancc/Le~ Settlements [] Unfinished Business RECOMMENDATION: 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 $20 million dollars. The final numbers will not be known until the bids are received and analyzed. We anticipate that these bids will be opened on May 28, 2004. S:~BU1.1 .ETIN~ORMS~AGENDA ITEM REQUEST FOR~.DO~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: There are not too many alternatives to having the City Commission approve the Basis of Design Review. The BODR has been developed by the City's consulting engineer, and from a technical standpoint, we need to rely on the professional expertise of the consulting engineer to set the standards of design and review for the Phase 4 expansion of the West Water Treatment Plant. Failing to approve the BODR might mean that we will have to start the entire process over again, which might add as much as 8-12 months to the project time schedule. This project, under the mandates of the City's Consumptive Use Permit, must be operational by August of 2006. If the current BODR is not approved and we are forced to start over again, we will not hit the operation date as mandated on the City by the South Florida Water Management District. Department Head's Signature City Manager's Signature Utilities Department Department Name City Attorney / Finance / Human Resources S:~BULLETINWORM$~GENDA ITEM REQUEST FORM.DOC IX.-CITY MANAGER'S CITY OF BOYNTON BEAI REPORT AGENDA . lVi B 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 NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMME~ATION: Approve $40 participation fee for non-residents at the Senior Center. EXPLANATION: The Senior Center is one of the Recreation & Parks Department's most popular facilities with over 3,000 people registered as users, and it is expected that the segment of our community that uses the facility will continue to grow in the future. Since the cost to operate the facility is primarily subsidized by the General Fund Budget and approximately 40% of users of the Senior Center are not City residents, staff recommends implementing a participation fee system to help offset operating expenses. The participation fee would cost $40/year for non- residents, and free for residents (excluding those people who only participate in the Mae Volen Congregate Meal Program). PROGRAM IMPACT: This will help staff track participation, improve security, and ensure members who are residents receive priority status in regards to services or activities that have limited enrollment. FISCAL IMPACT: Revenue: Will generate approximately $40,000 annually to help offset costs. Expense: Approximately $5,000 for equipment to be budgeted in Recreation Division's FY 04-05 budget. ALTERNATIVES: ~' Depar~i~nt Head's S~gna~a~ ~ ' - ' City Manager's Signature Recreation& Parks g(~ ~t~-_~ ~ -Depaxtment Name City- Attorney / Finance / Human Resources S:~BULLET1]X~ORMSkAGENDA ITEM REQUEST FORM.DOC l'X. - C'rTY MANAGER'S CITY OF BOYNTON BEA(REPORT AGENDA iTEM REQUEST F¢ ITEM C 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 l6, 2003 DecemberJ, 2003(Noon) [] Febmaryl7,2004 February 2, 2004 (N°°n~l: [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 17, 2004 (Nooll) rtl C~ [] January20,2004 January 5, 200n (Noon) [] March l6, 2004 March l, 2004 (Noon) '-~:~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve f'mal plan for Southeast Neighborhood Park as shown in PowerPoint presentation. EXPLANATION: For some time now the City has been attempting to locate additional recreational opportunities in the southeast section of the city. About 2 years ago we were able to acquire 2.3 acres of land as part ora dedication requirement for the Villa Del Sol residential development. The property in question has been used for many years as a mango grove. The city has held a series of public meetings to determine the appropriate mix of recreation amenities desired by the community. PROGRAM IMPACT: As requested by the neighborhood, the park will feature a children's playground, a small picnic shelter, additional tables, two lighted basketball courts, an open playfield (suitable for soccer), a perimeter walking path, and landscaping with native vegetation. A sidewalk along the west side of S.E. 2nd Street will permit additional pedestrian access to the park. A copy of the master plan, Exhibit "A" is attached. FISCAL IMPACT: The city has received a $200,000 Florida Recreational Development Assistance Program grant for construction of the park. Total cost of the project is estimated at approximately $600,000 that has been appropriated in the CIP Budget. ALTERNATIVES: Decline the grant and do not construct the park. ~'Department Head's Signature / ' City~l~Ianager's Signature Recreation and Parks Department City Attorney / Finance / Human Resources S:LBULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC I EXHIBIT A XII. - LEGAL CITY OF BOYNTON BEA¢ ITEM A.! 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 Meetin~ Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] January6,2004 December l5, 2003 (Noon) [] March2,2004 Febmaryl6,2004(No~j~ [] 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 March 16, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved this request under Legal, Ordinance - First Reading on February 17, 2004, except the subject "Dance Instruction" use shall require conditional use approval. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 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 permitted use in the M-1 zoning district. PROGRAM IMPACT: Developrri~t Dep~rment Direct'or City Manager's Signature S:\Planning\SHARED\WP\PROJECTS\Southem Dance Theatre\CDR¥ O3-O0$~Age~da Item Request High Ridge Comm Ctr llPublic,Legat,2nd reading CDRV 03-005 3-16-04.dot SSBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O4-09o~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 "ZONING", SECTION 8. M-! 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 THE 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. Chapter 2. "Zoning", Section 8. of the Land De~-loi~rhent Regulations the City of Boynton Beach Code of Ordinances is hereby amended by creating a new 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 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 affect the remainder of this Ordinance. S:\CA\OrdinancesXLDR ChangesXAradending 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 RE~iNG this t7 day of February, 2004. SECOND, FINAL READING AND PASSAGE this __ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: 2ity Clerk :\CA\OrdinanceskLDR ChangeskAmdending LDR - Chapter 2.- Dance Studio.doc Mi~ORANI)IIM NO. 1'~ TO: Chaiman and Member~ Plamg~ and Development Board ~P. OU~: Mie, ha~ w. Rumpf ~ ~ Dimotor of Phmning and Zoning FROM:" Maxime Duoo~i. DATE: Deoemb~ 10, 2003 b~lB~: CODB ~ CDRV 034)05 Danoo In _W~motion added to ~ ~ ofpemfl~ ~ in the M-I zoning diztriot. !~~ OF REOUgST · . .. - li~t.,,v,;,~uoa~,,~intheM. . . .requeating that danoo 1t slmuld I~ noted that lhe effeola of tho subjeot requeat, ff approval, would be oitywide (e.g. all M-1 'I~. drt or reerec~ionM tmtm¢~#. " With re~n~ to madam olastdfloation of th~ ax~jeot uso, tho North Amerloan ~ Clasaiflcation Is, and Halls oat~ (~e ]~J~it "A"). studios Tho applioant ha~ ~,atod in tho dooum- - · · ' ents supporting tl~ requ~ (ae~ Exlu~it "B' · ,, · mougn se~nml eonvermiom with "-" " . ~--6 ,-~,,,~, aha ~ ~ ... l~mlO!' ' - -'- ~---'.-,, -"' ~...,m,~_on~ sta~~ ~.~, ,,.,.~...,-- ..... ~ and ~l~ nllowan~ of .County to obtain the an ~ ~,~__. _,, .. _ of ~he applicant throunhma · . ong mnpl~; . similmtty age 'ru inoluded ~o emphasize a..., ..,._.,_,_ .... ~ 'his ts not a ~m~a,a,,.. ~..~ .. .... N'ovmlber2001. --"~ maowmg a eod~ amendment ltafetv an_d uurD_~ urea . _ - _ (~oo Exlabit "C'9. Ortho. ..... we=t . count, ~ofSoo~tho aeroa, rs)of ~ ~ audio mafme~oe~rmapmnit Cttyof _ . · ~~of ~ .. B~ ~ ~ ,,._ ,,., ..... pemtt~ them in ~ ~ o,,..___,_, _ . _ · . suum~ onsallow . q~ounty, tim ;-,-~----.-. ..... --~ -,,-..~J~u~~~~~ _.,. __ -,.~ ~ sane, lo t~'~,.;., d;,,~....,,... ~ ~ eod~ do~ not amc=. ~..,,.,.....,.,_ · . --~ ~,o~t~a~ -1 . ~ ' --- .... --~,u~ao&~ tO ]30 ~ DoveJopm~m Diatriot (PID). dis~et moro eompmtble to mo city's · w~ m.p~t to .CO~.. ~vo pma~ ~ ~ ' (~RV 03-005 Industrial zoned lends hero bom rozoned,~ ~,.----~--.---.-.-- . ~t{o~ {ho plastics uso. ~I~Im~NDATION. .EXHIBIT SUFye~ on D~mee Imr~eflon/D~mee ~udlo C.2, ' P P andPCD ' - XII. - LEGAL CITY OF BOYNTON BEAC ITEM A.2 AGENDA ITEM REQUEST FC Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 200a (Noon) [] March 16,2004 Mamh 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business O~ ~-~ RECOMMENDATION: Please place the Ocean District Redevelopment Plan on the March 16, 2004 City Commission agenda under Legal, Ordinance - Second Reading. The City Commission approved the plan under Public Hearing and First Reading, opting to specifically include both alternatives g4 and #5. This document represents an amendment to the City's Community Redevelopment Plan, and therefore must be adopted by ordinance per state law. Staffrecommends 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 Conunmaity 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. S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Approval continues the incremental updating of the Community Redevelopment Plan as required in conjunction with expansion of the CRA boundary. FISCAL IMPACT: N/A ALTERNATIVES:...SeJ/ect a different alternative and/or make further desired changes to the plan. D~veloPmen~Departme~-i~ Director City Manager's Signature · '~ and Zj~g Director City Attorney / Finance / Human Resources S:~Planning\SHARED\WP\SPECPROJ~Ocean District~genda Request Ocean District 2nd Reading 3-16-04.doc S:'qBULLETIN~FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O04-x..Dd) ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE OCEAN DISTRICT COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR CONFLICTS, SEVERAB~ITY, 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 ;urrounding 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; Community Redevelopment Plan.doc WHEREAS, staff has recommended the approval of this document.3 /ncl',~ding tho 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 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. Section 4. 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 remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately upon FIRST READING this I"/ 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 ',T: Clerk ;:K2A\Ordinances\Ocean District Community Redevelopment Plan.doc XII. - LEGAL ITEM A.3 CITY OF BOYNTON BE3 AGENDA iI EM REQUEST F utx ,m -- - 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~ [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) ~ [] Administxative [] Legal ~ NATURE OF [] Announcement [] New Business ~ ~-~_r~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request with a unanimotm vote-on February 17, 2004 under Legal, Ordinance - First Reading. 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: Patti Romanowski, D. R. Hortorb 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 fight-of-way, in connection with replatting and site plan approval for 271 townhomes and related site improvements. PROGRAM IMPACT: FI2TCEALRNAI~ P ATIvEC~ ~ ,~ evelopm~laf~De~a.$tment ][Sire~tor - City Manager's l~lahning and Zoning~ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROSECTS\Quantum Townhomes East & West~kBAN03-O 13~genda Item Request Quantum Pk Townhomes East. West ABAN 03.0013 2nd reading 3-16.04.dot S:~BULLETlN~FORMS~AGENDA 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, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 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 right-of-way located within the Quantum Park P.I.D., subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments~ public hearings have been held before the City's Planning and Development Board, and City Commission on the proposed abandonment; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does abandon a 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 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 Disclaimer and cause the same to be filed, with this Ordinance, in the Public of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this 1-1 day of ~f~.t-4 , 2004 Quantum Park Townhornes 020904.doc SECOND, FINAL READING AND PASSAGE THIS day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk S:\CA\Ordinances~bando~mems~bandon. Quantum Pank Townhomes EXHIBIT "A" Legal Description: ' A portion Of Tract ,B' of 'QUANTUM PARK AT BOYHTON 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 Counly, Florida, being more particularly described as follows: BEGINNING at lhe. Southeast comer of Lot 24 of 'QUANTUM PARK AT BOYNTON BEACH, P.LD. PI-~T No. 3', as record~l ih'Plat Book 60, Pages 29 through 31, Palm Beach County Records, Florida.; thence S.12'34'13'W., along the West Right-of-Way Une of QUANTUM BOULEVARD, for 133.91 feel; thence S.77'25'47'F_, for 50.00 feet (the next 4 courses being along the cantorline of QUANTUM BOULEVARD); thence N.12'34'13'E., for 1276.91 feet to a IX)int of curvature of a circular curve to th§ lair; thence Norlhelty along.the arc- of said curve having a radius of 6937,50 feet and a cantml angle of 03*28~J(Y', for 420.76 feet to a point of tangency; thence N:09'05'43"E.,.for 280.00 feet to .a point of ctmmlure of 'circular curve to lhe right; thence Nodherly and No~ along the arc of said curve- having a radius Of 500.00 fe~t and a central angle of 58'39'14', for 511.85 feet; thence .N~'I5%3"W., radial from the center of-the next des(zibed, cimular cuWe to lhe left, for 50.00 · feet (the next 4 couh~s being along the West Right-of-Way Line of QUANTUM BOULEVARD); iherme So~ and Southerly aleng.lhe arc of said curve, having a Iher~e ,.%09*05'43'W:,'f~l;"280;li0 feet to a point of ~untatum of a circular curve to the .r}ght; thence Southerly' along the arc of said curve having a radius'of 688'/;50 feet and a ca,nd aregle of 03°28~30", for 417.73'feet tq..a point of langency; thence S.12'34'13'W., for 143.00 ~ fo the POINT of BEGINNING. .AT BOYNTON BEACH, PJJ)..PLAT No.-2", ~ to Ihe Plat litereo~ a~ recon]ed la' PI~ Book 57. ~ t84 end ~,:\CA\Ordinances",AbandonmentsV~bandon - Ouar~um Park Townhomes 020904:doc 1 in. = 500.0 feet 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 .y 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 Ianet Prainito Kurt Bressner, City Manager Clerk OF FLORIDA ) )SS: PALM BEACH ) BEFORE ME, the undersigned authority, 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 officers, for the uses and purposes mentioned therein; that they affixed thereto the :iai seal of said corporation; and that said instrument is the act and deed of said WITNESS my hand and official seal in the said State and County this __ day of 2004. NOTARY PUBLIC, State of Florida My Commission Expires: SACA'OrdinancesV~:)andonmentskgbandon - Quantum Park Townhornes 020904.doc EXH]]31T "A' legal Description: ' ' A portion of Tract 'B' of 'QUANTUM pARK AT BOYNTOH BEACH, .P.I.D. PLAT N~. 2', according ..to the Plat thereof, as recorded In Plat Boor 57, Pages 184 and. 185 of ~he Public Records of Palm Bea(:h County, Florida, being mom particularly descdbed as follows: B~GINNIHG at lhe. Southeast Corner of Lot 24 of 'QUANTUM PARK AT BOYNTON BEACH, P.i.D. PL~T Ho. 3', as recorddd bi Plat Book 60, Pages 29 through 31, Palm Beach County Records, Flodda.; thence S.12'34'13'W., along lite We~t 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 centedlr~ of QUANTUM BOULEVARD): 'thence N.12'34'1~, for 276.91 feet. to a point of cunratum ora drcular cunm to thb le~ thence Norlhedy along.the arc of said cuwe having a radius of.6937,50 f~mt and a cenlml angle of 03'28'30'. for 420.76 feet to a point of tangency; thence N:09'05'43"F__,.for 280.00 feet fo .a point of curvalure of a circular curve to the right; thence Norlhedy and Nodheasledy along lhe arc of said curv~ having a radius Of 500.00 feq. t and a cenlral angle of. 58'39'14", for 511.85 feel; thence · feet (Ute next 4 cousins being along lite West Right-of-Way 'Line of QUANTUM BOULEVARD); ihen=e Southwedsdy and Southerly alQng.the arc of said cuwe, having a radius of 550;0O feet and a central ang_~'39~!4,.~tor 563;04,feet fo 6-point of bingency; thence SouthedY along the arc of said cuwe having a radius'? 6887,50 feet and a ce~81 angle of 03,28'30-, for 417.73'feat tq.a point of langency; ~ S.12'34'13'W., for 143.00 feet lo the P. OINT of BEGINNING... . . . .~ S:\CA\Ordlnances¥~bandonments~bandon - Quantum Park To~hon~s 020~04. doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUMNO. PZ 04-012 TO: Chairman and Membem Planning and Development Board THRU: Michael W. Rumpf~k,~''~' Planning and Zoning Director FROM: Maxime Ducoste-Am~d6e ~. 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, Pa~l Romanowsld 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, Florida, 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 $.12o34,13-W., along Ute West Right-of-Way Line of QUANTUM BOULEVARD, for 133.91 feet; thence S.77o25,47,,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 tengency; thence N.09o05,43,E., for 280.00 feet to a point of curvatUre of a circular curve to the right; thence Northerly and Norlheastoriyalong the arc of said curve having a radius of 500.00 feet and a cenlral angle of 58°39'14-, for 511.85 feet; thence N.22o15,03,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 Une 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 58o39,14., for 563.04 feet to a point of tangency; thence 8.09o05,43-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 cenlral angle of 03 °28'30", for 417.73 feet to a point of tangency; thence 8.12°3;4'13-VV., 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, Pages184 and 185 of the Public Records of Palm Beech County, Flodda, having a beadng of N.12°34'13-E). r'he location map attached as Exhibit "A' shows the general vicinity of the portion of the road right-of-way to be Ibandoned. The attached Exhibit'B"- shows the location of the proposed abandonment and its legal description. Memorandum No. PZ 04-012 'ABAN 03-013 The fol~owin~i ts 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, 8tanton 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. BACKGROUNn 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 vadous 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 BOYNTONBEACH, 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. D. R. HOrton, INC., m-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 ~ach County on Apdl 15, 2003. That portiOn of Tract "B" passing through this plat was reduced from a ,~10-foot right-of-way to a 50-foot right-of-way as part of this re-platting process, reviewed, accepted and approved by the City Commission. Although the applicant concurs that the 10.0-foot right-of-way was reduced to a 50-foot right-of-way through the of-way is I 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 Flodda Power and Light - No objection Bell South - No objection ' Florida Public Utilities Company . No objection Cable Company (Adelphla) - No objection Me~nom~um 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 mad 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. xo: Central File 1 in. = 500.0 feet LOCATION MAP QUANTUM PARK TOWNHOMES EAST-WEST EXHIBIT"A" QU.a. NTuSMI~_' C_H AND LEGAL DE8CRIPTION aOU~-V~U~D - Tract m" - RaY. RELF_~aE Legal Description: I~e ' , ,,,,.vm~ ~n Pi ,..I.D_ PL~.T No cords of Palm Beach Co,,.-,-- .~ ..... at uook 57, Panos ln~ .~... ..... - B~'GINNING at ~" ..... ' ,,y uoscnl:,~cl as follo~: ~ Records, Florid : ' ..o ,~rao. ~.._l~at Book 60, PARK AT .E~). _YI~I', a.. thence 8.1 , Pa0ea29th h31 QUANTTJM BOU _ 2.3413'W., . roug , Paa~t -eac~ ~g long lbo cimt(~i 5'47"EL, for 5 of 8aid curve _ ~ o~ a circular crave .~. N.12'3413rE.. OUI.h~ARD; ~ o~ lira West k~ for 50.(1) 550.00 feet .rid a cerdml _= ..... ., a,,,a,g.me aro of said .--., ,.aw lhence 8.09005,43 al~.b of 58~39'14" for _ . .cu.n~_, having a 'W., for2 , 563.04, ulhe~ th cuwature of a ngency; I o along e arc or aaid ou circular curve to Ihe ~ e of 03 28~30'. . rve having a radi . . ~h~ - for 417 73 feet to a us ?f 6887 50 feet a ' · l~ettolhePOINTofBEGl~M~,,~ -. point oflangency; thence .~ ,;4~--,-- no a cenbat ....... · ~. · --~-~ ,~ ~'-w., for 143 0 F~m Bea~l Co.~ ..... Ihemc~. as momdad in ph,, EXHIBIT "C" Conditions of Approval Project name: Quantum ~ark Townhomes East and West File number: ABAN 03-013 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Conunents: . Comments: None X PUBLIC WORKS- Traffic Comments: None X UTH,rI'IES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILIHNG DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMF~NTA I JST Connnents: None X PLANNING AND ZONING Cond/tions of Approval 2 DEPARTMENTS INCLUDE RF_JEL~ Co~-~ents: None X PRIVATE UTtt,rrlES 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 Co--ts: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Commen_ ts: 1. To be determ/ned. ~ ?w~h~nes E~t & Wes~SN~03-013~COA~oc CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: QUantum Park Townhomes East and West Abandonm~@~,. :~, ......... APPLICANT'S AGENT: Paul Romanowski - D.R. Horton, Inc. APPLICANT'S ADDRESS: 11'92 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 rood 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 Boy.nton 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 Boord 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: s.~s.~a~. 'r~,~,~=,. r=.~ &w.~o~.~ City Clerk XII. - LEGAL ITEM AA CITY OF BOYNTON BE AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requesled City Commission Date Final Form Must be Turned Meet~g._~.~ jn to City Clerk's Office Meeting Dates in to Ci Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January. 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) ,~xj February 17, 2004 February 2, 2004 (Noon) Ca [] January 6, 2004 I)ccember 1:5, 2003 (Noon> [] March 2, 2004 February 16, 2004 ('No~ ~-~'"~ [] January 20, 2004 January .5, 2004 (Noon) March 16, 2004 March 1, 2004 (Noon) Z [] Administrative [] Legal ~:~' NATURE OF [] Announcement [] New BUSiness ~.~. :-~"~ AGENDA ITEM [] City Manager's Report [] Presentation ~ca [] Consent Agenda [] pUblic Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: ~A. mend 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 deparlments' ability to render aid in an emergency. FISCAL IMPACT: All cost will be borne by the budder. ALTERNATIVES: Allow high-rise buildings to be built without consideration for contemporary high-rise fire and life safety features. Dep~efi~ Heads Signature City Manager's Signature Department Name ~/ City .Z. tt-orae~¥'6~Fnce / Human Resom'ces S:XBULLETI1N~ORMSXAGENDA ITEM REQUEST FORM.DOC oP~)INANCE NO. 04-005 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 it is necessary to amend Chapter 9 of the City's Code of Ordinances to address 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 ,,sidents and citizens of the City of Boynton Beach to amend Chapter 9 of the Code of nances to specifically address requirements for high-rise buildings and buildings with six more stories. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: :tion 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being and correct and are hereby made a specific part of this Ordinance upon adoption hereof. ',ection 2. Chapter 9, Fire Protection and Prevention, Article II, is hereby amended by Subsection 9-24 is as follows: Sec. 9-24 REQUIREMENTS FOR HIGH-RISE BUILDINGS AND WITH SlX OR MORE STORIES >rcement of Application ations set forth in this section shall be enforced by the Fire Marshal. ;:\CA\OrdinancesXFire - Chapter 9XHigh Rise Requiremen[~ ~ Chapter 9 Amendment.doc Page 1 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 of Compliance 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. The following life safety features shall be provided in accordance with approved plans 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 of Compliance. 1. Firefighters Air System A system capable of supplying breathing air to multiple levels of the structure for the purpose of filling breathing air bottles shall be provided. It shall be, designed to meet fire department needs as described in the Fire Department Design Guide; be tested annually and maintained at the expense of the owner It shall be for fire department use only. 2. Equipment Storage Rooms Equipment rooms or areas as described in the Fire Department Design Guide, for the purpose of storing equipment for fire department use shall be provided: 3. Stairwell dooms Stairwell doors shall remain unlocked to allow entry to each floor above the first flo°r :\CA\Ordinances'uCire - Chapter 9XHigh Rise Requirements - Chapter 9 Amendment. doc Page 2 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 Elevators shall be of adequate size and configuration to accommodate the needs of the fire department as described in the Fire Department Design Guide. 10. Smoke Controls :\CA\OrdinancesXFire - Chapter 9httigh Rise Requirements - Chapter 9 Amendment.doc Page 3 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 ~aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 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 I-I day of ~'e~k~t'q~r~ , 2004. SECOND, FINAL READING AND PASSAGE this day of , 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner " Commissioner Clerk Commissioner SEAL) \CA\Ordi~ances~tr~r¢ - Chapter 9~Iigh Rise Requirements - Chapter 9 Amendment.doc Page 4 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 fh'e 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 ................................................................................ 19 Sprinkler Systems .............................................................................. 19 Tent Requirements For Assembly Use ...................................................... 19 2 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. 6 (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 free 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 Fire fighters 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 calculations for the Firefighters Air System shall be rcviewed 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 PSI 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 ofa 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 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 of 4:1. 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 f. 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 fi:om 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 of4:1 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 minimt~m 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 bc required to allow the fire departments mobile air unit 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 (3*a) floor above the lowest level of fire department access and every third (3~d) 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 (3~d) floor below 10 ........... ~bun'd l~,~l-'~nd every three (3) floors beloTM 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 approved by 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 intemal 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 corc~pm~ent shall not be installed kJ the system. The installation shall also conform to good engineering practice. Pressure monitoring switch. An electric Iow 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, +_5_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 shall 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 free, 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 ~ifit~m~)'~two (2) air samples shall then be taken froin separate air fillin~-~&~iShS 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 sect_ion and the approved plans shall be submitted to the AJH. 15 Final Accept~,a;.c. Prior to the final acceptance of the Firefighters Aix 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 firefighters in 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 -- a~c'ess to buildings by fire tracks or other firefigt/fing apparatus as deten'hi'f~ed'bJ''~ 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. 9-1 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 Bridge Construction (2000) Division 11, Section 160, STABILIZING. A copy of the test results shall be 17 provided and accepted prior to above g~ade construction. Testing frequency shz!~ 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 beating value for the duration of it's intended use. Key Boxes/Entry Systems In all 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 locked 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 concrete 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 masonry, 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 frame 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 faster~:,gz, zl:all be secui-ed 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 '(la')' ' No other code numbers, operati~g~n~-thods or key system~ ~ifl be k~'pf o~ 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 from 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 from 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 b,e 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 BEi ITEM A.S AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Ttmaed 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 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: Approval of a-n'Ordinance amending Chapter 2 Of the Code 6t' 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 X_II 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 ar/d terms of appointmentS. PROGRAM IMPACT: None. FISCAL IMPACT: N/A ALTERNATIVES: None. Department Head's signature City Manager's Signature City Attorney Q~~,/~/ Department Name /~ ' City Attc~y j Finance / Human Resource S:'uBIJLDE~RMS~AGENDA ITEM REQD-EST FORM.DOC 1 ORDINANCE NO. 04- OO(o 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 Xll 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 :nact a written procedure for appointment of quasi-judicial Boards, outlining Board duties 15 and responsibilities, qualifications, terms of serVice, rules of procedure and ethical conduct 16 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 mactment 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 Beach, 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 ission in exercising the powers granted to the Commission by the Municipal Home 42 Powers Act. 43 44 2-161 Chair and Vice-Chair 45 46 City Commission, at the last Commission meeting in March of each year, commencing 47 [arch 2004, shall appoint the Chair and Vice-Chair of all Boards. The term of appointment 1 ;:\CA\Ordinances\Quasi-judicial boards 020604.doc 1 to the position of Chair or Vice Chair of a Board is one (1) year commencing the first 2 tuesday in April foliowifig appointment. Board members may be appointed to consecutive 3 terms as Chair or Vice Chair, not to exceed three (3) consecutive terms. 5 I'he Chair or Vice Chair of a Board may be removed as Chair or Vice-Chair prior to the 6 expiration of his/her appointment by majority vote of the Commission. The removal of the 7 .'hair or Vice-Chair shall have no effect on their status as an appointed member of the Board. 8 9 2-162 Ratification of Existing Boards 10 11 ?he powers and duties of the following quasi-judicial Boards, which exist on the date of 12 mactment of this ordinance, are hereby ratified: 13 Name of Board Date Created Enacting Ord. Number of Members n Ode 9/18/79 79-28 Regular: 7 forcement Alternates: 2 )ard 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 14 15 16 2-163 Qualifications for Board Appointment 17 18 when otherwise established by state statute, the City Commission shall determine the 19 ualifications necessary to serve on City Boards. 20 21 2-164 Appointment 22 23 of the City Commission, on a rotating basis, shall nominate Board Members for 24 If a member of the Commission makes no objection to the appointment, the 25 shall be deemed appointed by consensus. If an objection is raised, a separate voice 26 shall be required to make the appointment. 27 28 2-165 Removal of Board Members 29 30 members appointed to Boards that are created by general law, special act, or City 31 may be removed or suspended in accordance with the procedures set forth in 32 ! 12.501, Florida Statutes. '~3 2 g:\CA\Ordinances\Quasi-judicial boards 020604.doc t other Board members are subject to removal or suspension, with or without statement of .... 2 --- by majority vote of the City Commi~'s~ion. 3 4 2-166 Absenteeism and Resignation 5 6 Board member who is absent, for non-medical reason, from three (3) Board meetings in 7 year shall be deemed to have resigned his/her seat on the Board. The Commission shall 8 ~after declare and fill the vacancy for the balance of the Board members term. A Board 9 who is replaced for reason of absenteeism may not qualify for appointment to any 10 Board for a period of twelve (12) months from declaration of vacancy. A Board member 11 is unable to attend a meeting for medical reasons shall inform the City Clerk's office of 12 member's unavailability and the City Clerk's office shall in turn advise the Board 13 who shall announce the grounds for absence at the commencement of the Board 14 The Commission may replace a Board member who is absent, for medical 15 from five (5) Board meetings in a year. 16 17 2-167 Limitation on Appointments 18 19 addition to the requirements of Sec 2-16 of the Code of Ordinances: 20 21 1. No person shall be appointed by the City Commission to a City quasi-judicial Board 22 unless the person has filed, no less than ten (10) days prior to the date of appointment, 23 an applicatiOn for appointment with the City Clerk as required in Sec 2-16(g) of the 24 Code of Ordinances. 25 26 2. No City employee shall be appointed to or serve on a Board that conducts quasi- 27 judicial hearings. 28 29 3. No person may serve on more than one (1) quasi-judicial Board. 30 31 2-168 Rules of Procedure 32 33 ~ards shall conduct their meeting in accordance with Roberts Rules of Order. A Board, 34 g approval by the City Commission, may use alternate or supplemental rules of 35 36 37 udicial heatings shall, be conducted in a manner consistent with law and which 38 all interested persons with the opportunity to offer testimony, eVidence, and cross- 39 witness. All witnesses must testify under oath or affirmation. 40 41 2-169 Ethical Conduct 42 43 ill Board members are subject to the standards of ethics for public officers set forth in Part 44 of Chapter 112, Florida Statutes. 45 46 SECTION 2. Severability. Should any section, provision, paragraph, sentence, clause 47 word of this Ordinance or portion hereof be held or declared by any court of competent 48 to be unconstitutional or invalid, in part or applicatiOn, it shall be considered as 3 k\CA\Ordinances\Quasi-judicial boards 020604.doc 1 and shall not affect the validity of the remaining portions or applications of this 3 4 SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or 5 thereof in conflict herewith, be and the same are hereby repealed to the extent of such 6 7 8 SECTION 4. Codification. It is the intention of the City Commission of the City of 9 Beach, that the provisions of this Ordinance shall become and made a part of the Code 10 Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance 11 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," 12 "Article" or other word or phrase in order to accomplish such intention. 13 14 SECTION 5. Effective Date. This Ordinance shall become effective immediately 15 its passage and adoption. 16 17 FIRST READING this t"/ day of F'~or~t--.~ ,2004. t 18 SECOND, FINAL READING AND PASSAGE this day of 2004. 19 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 23 Mayor ~4 5 26 Vice Mayor 27 28 29 Commissioner 30 31 32 Commissioner 33 34 35 Commissioner 36 '- 37 38 39 Clerk 40 41 42 4 ;:\CA\Ordinances\Quasi-judicial boards 020604 .doc XZ]'. - LEGAL CITY OF BOYNTON ! ]:TEIq A.6 AGENDA ITEM REQUEi Requested City Commission Date F'mal Form Must be Turned Requested citY C6mmission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to CiW Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 20, 2004 (Noon) [] December 16, 2003 December l, 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 1TEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of an Ordinafi~e 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 tobe heard, and tO present evidence and testimony. PROGRAM IMPACT: None. FISCAL IMPACT: ALTERNATIVES: None. Department Head's signature City Manager's Signature City Attorney ~y '/~' Finance / Human Resource~ Department Name 1 ORDINANCE NO. 04- 00'1 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 with proper notice, opportunity to be heard, and opportunity to present 20 'and testimony; 21 22 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 23 Beach, Horida, as follows: 24 25 1. The foregoing whereas clauses are true and correct and are now ratified and 26 by the City Commission. 27 28 ;ection 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 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 g:\CA\Ordinances\Quasi-judicial hearings modified.doc 1 1 udicial h~arings shall be conducted in a manner which provides all 2 interested parties with the opportunity to testify, call witness, introduce evidence and 3 witness. Testimony shall be under oath or affirmation. When a proposed 4 order comes before the City Commission having 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 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 sign 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 hearing is tabled or continued at the request of 31 an applicant, re-notice of the hearing 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 only upon a motion to reconsider made at the meeting at which the decision 36 rendered or upon ..,.4,~...~. ......... 37 38 39 the next regular City Commission meeting. No quasi-judicial 40 shall be considered final until the conclusion of the next City Commission 41 if a motion to recOnsider has been made and passesi the conclusion of the 42 of the matter, ~-w 43 the entry of a written order approved by the City Attorney 44 signed by the City Clerk 45 46 ;:\CA\Ordinances\Quasi-judicial hearings modified,doc 2 1 2 ~e) When a motion for reconsideration is made and approved at the Commission 3 x~eeting at which the decision was rendered, the Commission may immediately 4 :econsider the matter before them or, the Commission may reconsider the matter at a later 5 ime certain which shall be announced, at the meeting, to the applicant and the public. No 6 ~dditional notice of the matter shall be necessary. 7 When a motion for reconsideration is made following the close of the Commission 8 neeting 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 >nly upon a motion to reconsider at the meeting at which the decision was rendered. 16 17 ~g~) Reserved. 18 19 ~_f) To the extent of any conflict between the procedures set forth herein and Robert's 20 [~ules of Procedure, the procedure set forth herein shall prevail. 21 22 SECTION 2. Severability. Should any section, provision, paragraph, sentence, 23 :lause of word of this Ordinance or portion hereof be held or declared by any court of 24 :ompetent jurisdiction to be unconstitutional or invalid, in part or application, it shall be 25 :onsidered 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 ?arts thereof in conflict herewith, be and the same are hereby repealed to the extent of such 30 :onflict. 31 32 SECTION 4. Codification. It is the intention of the City Commission of the City of 33 3oynton Beach, that the provisions of this Ordinance shall become and made a part of the 34 2ode 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 apon its passage and adoption. 40 41 FIRST READING this I'l dayof ~-~{0rutl.~ ,2004. 42 ;:\CA\Ordinances\Quasi-judicial hearings modified:doc t/18/2004 3 1 SECOND, FINAL READING AND PASSAGE this day of , 2 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 23 t Clerk 24 25 26 27 -judicial hearings modified.doc 4 XII.-LEGAL CITY OF BOYNTON BI ITEM A.7 AGENDA ITEM REQUESk _ __ Requested City Commission Date Final Form Must be Turned Requested City ~ommission 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 J ' City Atto~'y/~inance / Human Resources S:XB~RMSXAGENDA ITEM REQUEST FORM.DOC 1 ORDINA _NCE 04-O~ 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 the City Commission of the City of Boynton Beach, Florida, desires to amend 13 procedure for appointment of the Chair and Vice-Chair of the Community 14 .Agency; and 15 , the City Commission of the City of Boynton Beach has determined that the 16 of this Ordinance is in the best interests of the citizens of the City of Boynton 17 the integrity of City government, and fosters public confidence in the actions 18 the City; 19 THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 20 OF BOYNTON BEACH, FLORIDA, THAT: 21 1. The foregoing Whereas clauses are true and correct and are now ratified and 22 :onfirmed by the Commission. 23 gection 2. That Chapter 2-13.2(c) is hereby amended by adding the words and figures in 24 and by deleting the words and figures in struck-through type, as follows: 25 26 27 28 Chair and Vice-Chair 29 30 Commission, at the last Commission meetin~ in March of each year, commencing 31 2004 shall the Chair and Vice-Chair of the Community Redevelopment 32 The term of to the position of Chair or Vice-Chair of the Board is one 33 .~ar commencing the first Tuesday in April following appointment. Board members may 34 to consecutive terms as Chair or Vice-Chair, not to exceed three (3) consecutive 35 erms. i:\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 not herein specifically amended, shall remain in full force and effect as originally 3 4 Section 4. All laws and ordinances applying to the City of Boynton Beach in 5 :onflict 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 the 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 ~'I day of F~Joroaa. r.] ,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) '- 31 32 33 34 Clerk g:\CA\Ordinances\CRA\Chair and Vice Chaff Appointments.doc ~ '// "~~ ~'~ CITY OF BOYNTON BExH' ' LEGAL AGENDA ITEM REQUES'I ITEt4 ~,.8 Requested City Commission Date l~mal 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 NATIJRE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consem 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 Compli~ance 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'-0h~the Code Compliance BOard. PROGRAM IMPACT: None. FISCAL IMPACT: N/A ALTERNATIVES: None. Department Head's Signature City Manager's Signature City Attorney ~~/f4~/~. ~ Depattment Name / City Attom/~0 ~l'~ance / Human Resources SABU~RMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. AN ORDINANCE OF THE crrY' OF BOYNTON ~BEACH, FLORIDA, CREATING A NEW SUBSECTION 2-92, %V~¥~IN' 'CHAPi~ER"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 '~UISANCE 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 empowered 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 the Code Compliance 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; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Beach, 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 upol~ 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 specificallz revoked ~ Code Compliance Board. SECTION 3. That Chapter 15, Article VIII, "Nuisance Abatement" is hereby amended adding the words and figures in underlined type, and by deleting the words and figures in ;:\CA\Ordinances\Consolidation of NAB and CEB 020604.doc gh type, as follows: eec. 15-112. Definition. For the purposes of this article, the following definitions shall control: ooo (c) Board: The-',,: ......... ~-,,* .... ..................... t Code Compliance board of the City of BoYnton [ Sec. 15-115.5 Fines for noncompliance with orders; duration of lien. (a) The Nuisance 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 Nuisanee Code Co.mpliance Board for compliance or in the case of a repeat violation, for .~ach 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 Hen that remains unpaid, the Code Compliance Board may authorize the City Attorney to foreclose the lien .... ;:\CA\Ordinances~Eonsolidation of NAB and CEB 020604.doc iection 4. Each and every other provision of the Code of Ordinances not herein gpecifically amended, shall'remain in'full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict ~vith any provisions of this ordinance are hereby repealed. :ection 6. Should any section or provision of this Ordinance or any portion thereof be :leclared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. ~ection 7. Authority is hereby given to codify this Ordinance. gection 8. This Ordinance shall become effective immediately. FIRST READING this I'I day of [::~ru.~ 2004. SECOND, FINAL READING AND PASSAGE this day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner [TTEST: 2ity Clerk ;:\CA\Ordinances\Consolidation of NAB and CEB 02061M.doc //0 XZZ. - LEGAL CITY OF BOYNTON BI ITEM A.9 AGENDA ITEM REQUE Requested City Commission Date l~mal Form Must be Turned Requested City Commission Date Final Form Must be Tinned Meeting Dates in to City Clerk's Office Meeting Dates ~n 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 DecemberlS, 2003(Noon) [] March2,2004 Februaryl7, a004(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 0fAdjustment 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 ~~0~~ Department Name ~ ' C{ty Attom~/Finance / Human Resources ORDINANCE NO. 04-0 J 0 AN ORDINANCE OF T ~H13.__ .CITY~.OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATiON~S' 01~ ~'HE 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 )evelopment Board both are empowered to conduct quasi-judicial hearings; and WHEREAS, the Building Board of Adjustment and Appeals meets so infrequently hat 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 naintaining and operating City boards, and the COmmission finds that consolidation of Boards would lessen the administrative burden expended to support board action and board meeting activity; and WHEREAS, the City Commission deSires to grant to the Planning and Development Board, the functions and duties formerly held by the Building Board of Adjustment and Appeals. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Boynton Beach, Florida, as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as ~eing tree and correct and are hereby made a specific part of this Ordinance upon adoption ~ereof. 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 ~dding 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, "~nO the community appearance boar&, 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 ',:\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 l~.evelopment Board. (C) The planning and development board shall be responsible for all duties heretofore camed out by the planning and zoning board~ the community appearance beard 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 I.ztnd 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 .... ......... ~ ......... J ............... w ..... planning and development ~will hear and decide appeals of ... ......... e, ........ ~ ............... vt- .... anning and A. Eligibility. Appeals of decisions of the ~.,,:~a;.., appeals-planning and development board may be taken by any aggrieved party affected by a board decision. ;ection 4. Ail 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 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 any provisions of this ordinance are hereby repealed. ;:\CA\Ordinances\Consolidation of P&D and BBAA. doc 7. Should any section or provision of this Ordinance or any portion thereof be eclared, by a court of competent jurisdiction to be invalid,.such decision shall not affect the of this Ordinance. ion 8. Authority is hereby given to codify this Ordinance. 9. This Ordinance shall become effective immediately. FIRST READING this ~ "1 day of ~'~_.l~r~lj~ 2004. SECOND, FINAL READING AND PASSAGE this __ day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:Xl2A\Ordinances\Consolidation of P&D and BBAA.doc XII.- LEGAL CITY OF BOYNTON BEAC!XTE n B.'m 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 i_n 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 lz' AGENDA ITEM [] City Manager's Report [] Presentation ~ [] Consent Agenda [] Public Hearing --- mo [] Code compliance/Legal Settlements [] Unfinished Business C~ :x~..<. RECOMMENDATION: P~leas_e. pla_ce this request on the March 16, 2004 City Corranission A~,en,~ .... -~-'~' Legal, Ordinance - First Reading .... t, · ,ne tclty Comrmss~on w, th a 4 to 1 vote, approved the subject request under P~I~ Hearing. 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 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: ALTERNATIVES: ~ ~ Devel°pmclmrD~i~art~nent Director City Manager's Signature Plarming and Z~tm/g Director City Attorney / Finance / Human Resources SSPIanning~SHARED\WPLVROJE~TS~503 N. Seacrest BIvdkLUAR 03410~4kgenda Item Request 503 North Seaerest Amend LUAR 03410 1 st reading 3- 264404.dot S:~BULLETINXFORMS'~kGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 CONSISTING OF APPROXIMATELY 0.11 ACRES 6 AND LOCATD AT 503 NORTH SEACREST 7 BOULEVARD; AMENDING ORDINANCE 89-38 BY 8 AMENDING THE FUTURE LAND USE ELEMENT 9 OF THE COMPREHENSIVE PLAN OF THE CITY 10 FOR THE PROPERTY MORE PARTICULARLY 11 DESCRIBED HEREIN; THE LAND USE 12 DESIGNATION IS BEING CHANGED FROM LOCAL 13 RETAIL COMMERCIAL (LRC) TO LOW DENSITY 14 RESIDENTIAL 0-,DR); PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 16 DATE. 17 18 ~V~-I~REAS, the City Commission of the City of Boynton Beach, Florida has 19 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Element by Ordinance No. 89-38 in accordance with the Local Government 21 ye Planning Act; and 22 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Plan as set forth in Chapter 163, Florida Statutes, has been followed; 24 25 WHEREAS, after public heating and study, the City Commission deems it in the 2 6 interest of the inhabitants of said City to amend the aforesaid Element of the 2 7 Plan as adopted by the City herein. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 9 CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and 31 ncorporated herein by this reference. :\CA\Ordinances\Planning\Land Use\503 North Seacrest.doc :1 Section 2: Ordinance No. 89-38 of the City is-hereby amended to reflect the 2 g: 3 That the Future Land Use of the following described land shall be designated as 4 Density Residential (LDR). Said land is more particularly described as follows: 5 Lot 147, Block B, BOYNTON HILLS, according to the Plat 6 thereof, as recorded in Plat Book 4, Page 51, of the Public 7 Records oflPALM BEACH County, Florida. 8 9 Section 3: That any mapS adopted in accordance with the Future Land Use Element 10 be amended accordingly. 11 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 12 13 Section 5: Should any section or provision of this Ordinance or any portion thereof 1,J declared by a court of competent jurisdiction to be invalid, such decision shall not affect 15 remainder of this Ordinance. 16 Section 6: This Ordinance shall take effect on adoption, subject to the review, :17 or appeal provisions provided by the Florida Local Government Comprehensive 18 and Land Development Regulation Act. No party shall be vested of any right by :19 the adoption of this Ordinance until all statutory required review is complete and all 2 0 legal challenges, including appeals, are exhausted. In the event that the effeCtive date is 21 ;stablished by state law or special act, the provisiOns of state act shall control. 2 2 FIRST READING this ~ day of ,2004. 23 s\Planning\Land Use\503 North Seacrest.doc i SECOND, FINAL READING and PASSAGE this ~ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 3.1 Commissioner 3.2 3_3 14 Commissioner 3.5 16 17 Commissioner 3_8 '. 3.9 20 21 Clerk 22 23 Seal) 24 :\CA\Ordinances\Planning\Land Use\503 North Seacrest.doc -, .......... - .... DEVELOPMENT DEPARTMENT PLANNING & ZONENG DM$ION 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 PRO, IECT D~SCRIPTIOI¥ Project/Applicant: :503 North Seacrest Bird/Don Stacks Agent: Don Stacks OWner: Location: 503 North Seacrest Blvd File No: LUAR 03-010 Property Description: Developed property consisting of approximately 0.11 acre, classified Commercial (see Exhibit "A') zoned C-2, Neighborhood ..... ~cnual (LDR) and to rezone fi'om O~9 ~.,:t~';:,TM ~ tow Density R-1-A Single Family Residential. The applicant is requesting land uae .... ~,suoor~ood Commercial to and zoning consistent with the current uae of the property, i.e. aingle family home. Adjacent Land Uses and Zoning: North: Developed single £amfly homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-!-A, Single Fan~ly 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 £amily homes de~_.gnated L~..w Demity Residential acre) and zoned R-l-A, Single Family Residential. (LDR, '4.84 dwellings per East: Right0of-wa¥ of Seacrest Boulevard, then developed d le homes designated Medium Den~it~ ,o~a~,., ~,. -_ up xes and ~ingle family -, Res.,,,.,u~ ~MeDR, 9.68 dwellings zoned R-2, Single. and Two-Family l~elting District. per acre) and West: Devel~ .single fitmily homes de~__cm_ated Low Density Residential' dwellings per acre) and zoned R-l-A, ~m~e Family Residential. (LDR, 4.84 Page 2 File Numbe~. LUAR 03-010 $03 North Seaorest BACKGROUND The turret use of the subject PrOl~rty, a single family home, is a non-~onforming use under the turret zoning district - C-2, Neighborhood Commercial. Howev~, since the value o£ iraprovements on the property is less than $60,000, pursuant to the Land Development Regulations, Chapt~ 2, Section ll.l.C.$, the single-£amily home cannot be converted to a conm~reial use without a var/ance. The lot appears to exist as was or/ginally platted in 1925, which does not me~t 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 Thc subject parcel totals iO. 11 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment asa "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Commtmity Affairs and is not reviewed for compliance with the plans prior to adoption, state and reg/onal The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, ~4dmini~tration and Enforcement, Item C, Comprehensive Plan ~4mendments: Rezoning~. These ~iteria 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, ,4dmini~tration and Enforcement, Item C. Comprehensive Plan Amendments: Rezoning~, of the Code. As per th/s requirement, the following cr/teria are applied in the analysis of the proposed rezoning: a. Whether the proposed rezoning m~uld be consistent with applicable comprehe~ive plan policie~ including but not limited to, a prohibition against any increase in d~elling unit density exceeding $0 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning l~'~ion and the City's ri~l~ manager. The planning department shall al~o recommend limitations or requirements, which ~ouid ha~e to be imposed on ~bsequent development of the property, in order to comply with policie~ contained in the comprehensive plan. The proposed rezoning /s consistent with all applicable comprehensive plan polio/es. In particular, it is consistent with polio/es under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhood~ and di~tn'cts through the adoption and implementation of Community Redevelopment Plans incla&'ng the Boynton Beach 20/20 Redevelopment Ma~ter Plan and the Coartal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean ~4venue corridors, within the commercial and residential Community Redevelopment ,4rea~, and within the vicinity of U.S. I and Martin Luther I~ing Boulevard. 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. ge'berber the prol~osed rezoning is ora scale which is reasonably related to the need~ of the neighborhood and the city as a whole. The proposed re-zoning 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. tghether there are adequate sites elsewhere in the city for the proposed use, in di~trict~ where such use is already allowed. There are alternative sites throughout the city for a single family home use and development. However, as docuraented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. ,CONCLusIO satECO DATION As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infi~mu~ture and will be compatfble with adjacent land uses. Moreover, given the lot characteristics and conflict with commercial zoning regulations, the re. quest represents the most logical action. Lastly, it 'is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recorrmumds that the subject request be approved. If conditions of approval ar~ recommended by the Planning and Development Board or reqUired by the City Commission, they will be included as Exhibit "B". ATFACHMENTS 503 N. SEACREST BLVD. MeDR -I NW 4TH AVE ~., I1~ 4TH&VE LRC '~ ~'"' LI ~~ ~~,,,,, XII. - LEGAL CITY OF BOYNTON BEAC] ITEM B.2 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 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 C~o c~'~ AGENDA ITEM [] City Manager's Report [] Presentation r'- [] Consent Agenda [] Public Hearing cO [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda undOl~ Legal, Ordinance - First Reading. The City Commission with a 4 to 1 vote, approved the subject request under Public Hearing. 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 fxom C-2 Neighborhood Commercial to R-1-A Single Family Residential. Proposed use is single family residence. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: /~~/~ DevelopmenMSepartmlent Dir~ct-ol'~ C~y M~mager's Signature · Planning and Zon~ ]~irector City Attorney / Finance / Human Resources SSPlanningXSHARED\WP\PROJECTS\503 N. Seacrest Blvd~LUAR 03-010~Agenda Item Request 503 North Seacrest Rezone LUAR 03-010 1st reading 3- 16-04.dot S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 AN ORDINANCE OF TI-tIE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 EDWARD EATMAN m, AMENDING 6 ORDINANCE 02-013 OF SAID CITY BY 7 REZONING A PARCEL OF LAND MORE 8- PARTICULARLY DESCRIBED HEREIN, 9 FROM C-2 (NEIGHBORHOOD '1 0 COMMERCIAL) TO R- 1-A (SINGLE 11 FAMILY RESIDENTIAL); PROVIDING 12 FOR CONFLICTS, SEVERABILITY AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 16 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 17 and 18 WHEREAS, Edward Eatman m owner of the property more particularly 3_9 hereinafter, has heretofore filed a Petition, through his agent, Don Stacks, 2 0 ~nt to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of 21 Beach, Florida, for the purpose of rezoning a tract of land consisting of 22 .y 0.11 acres, said land being more particularly described hereinafter, 2 3 (Neighborhood Commercial) to R-1-A (Single Family Residential); and 24 WHEREAS, the City Commission conducted a public hearing and heard 25 and received evidence which the Commission finds supports a rezoning for 26 property hereinafter described; and 27 WHEREAS, the City Commission finds that the proposed rezoning is 28 with an amendment to the Land.--Use~ which was contemporaneously 29 :onsidered and approved at the public hearing heretofore referenced; and ~:\CA\Ordinances'~P!anningLRezoningLRezoning - 503 North Seacrest.doc I WHEREAS, the City Commission deems it in the best interests of the 2 ahabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 3 ~et forth. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 5 SION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing Whereas clauses are true and correct and 7 :rein by this reference. 8 2. The following described land, located in the City of Boynton Beach, 9 as set forth as follows: 10 11 Lot 147, Block B, BOYNTON HILLS, according to the Plat 3_2 thereof, as recorded in Plat Book 4, Page 51, of the Public :[3 Records of PALM BEACH County, Florida. 15 16 and the same is hereby rezoned from c-2 (Neighborhood Commercial) to R-1-A (Single 17 Residential). A location map is attached hereto as Exhibit "A" and made a part of 18 Ordinance by reference. 19 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 20 23- Section 4: All ordinances or parts of ordinances in conflict herewith are 22 23 Section 6: Should any section or provision of this Ordinance or any portion 2 4 be declared by a court of competent jurisdiction to be invalid, such decision shall 25 affect the remainder of this Ordinance. 26 Section 7. This ordinance shall become effective immediately upon passage. \CA\Ordinances~a~lann'n vhRezonm ezomn : ' ' o ' gXR ' g - 503 North Seacrest. doc i FIRST READING this __ day of ,2004. 2 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 9 Vice Mayor 10 3- 2 Commissioner 13 3_4 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) S:\CA\Ordinances~Planning~RezoninghRezoning - 503 NoFth Seacrestdoc '-- '" '"=-' = = "=' · ~ ="=~"'~- EXHIBIT "A" ' 503 N, SEACREST BLVD. MeDR Z '~ · .... N~t(4TH*.AVB. .. LRC L DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION 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 DESCRIFFION Project/Applicant: 503 North Seacrest Blvd/Don Stacks Agent: Don Stacks Owner: Edward Eatman III Location: 503 North Soacrest Blvd File No: LUAR 03-010 ' Property Description: Developed property consisting of approximately 0.11 acre, classified Local Retail Commercial (IRC) and zoned C-2, Neighborhood Commercial (see Exhibit "A") Proposed change/use: To reclassify from Local Retail Commercial (IRC) to Low Density Residential (LDR) and to rezone from C-2 Neighborhood Con-~tueroial 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 (IRC) 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: Right0of-way of Seacrest Boulevard, then developed duplexes and single family homes desit, nated Medium Density Residential 0VIeDR, 9.68 dwellings per acre) and zoned R-2, ~ingle- and Two-Family Dwelling District. West: Developed .single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-1 -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 aH 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 Commtlrlity Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Departmellt of Comm~lnity 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, ,4dministration and Enforcement, Item C, Comprehensive Plan ,4mendments: Rezonings. These criteria are required to be part of a slaff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. ........ , ,~u~,,:,~'~ruuon aha ~n]orcement, lr~n C. Comprehensive Plan ~4m · Rezon ' . . . . . endments. a. ~Yhether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit dens_fly 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 t, ,Fcr~ y, m oraer ~o compty 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 ~opment Master Plan and the Coastal Management Element to guide development and redevelopment along the floynton Beach Boulevard and Ocean ~lvenue 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 Blo~ 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 propeay. 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 d'~tricts, or would constitute a grant of special privtTege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezo_ning 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 lqW 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. Wh~ther 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 thc proPOsed Boulevard on the west side between, approxmaately, 1~1~ ~ Avenue ano 7a 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. BZhether the proposed use would be compatible with utility systems, roadways, and other public faciFtties. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. BZhether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. 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 propertics. 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 feas~le some time in the future. As stated above, the market has not supPOrted commercial Pag~ 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. l~hether 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 irr~ act 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. FFhether 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 compare'vie with adjacent land uses. CONCLUSIONS/RECOMMI~.NI)ATIONS 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 consi~nt with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended i~y the Planning and Development Board or required by the City Commission, they will be included as Exhl~oit "13". ATFACHMENTS LOCATION MAP EXHIBIT "A' 503 N. SEACREST BLVD_- ~ - MeDR NW 4TH AVE ___ ~ 0_12.ffi5_ 50 75 10~eet XII. - LEGAL CITY OF BO~QNTON BEAC} ITEM B.3 AGENDA ~ '~ '~ ¥ ~ ' .... "-- ' ' ~ 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 I, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~--O AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] eublicHearing ?. [] Code compliance/Legal Settlements [] Unfmished Business toe~ r~ RECOMMENDATION: Approval of Ordinance amending Chapter 20, Section 8, Subsection C.2 of the Land Development Regulations and Chapter 15 Section 15-16 of the City of Boynton Beach Code of Ordinances providing more specific criteria for exterior identification/numbering. EXPLANATION: A Building Identification Team was formed under the direction of the City Manager and coordinated by Fire Chief, William Bingham, to devise ways to improve the identification numbering for all buildings in the City. The team's objective was to ensure citywide compliance with existing code requirements regarding proper and visible address numbers on all buildings. This project has universal benefits to the City, but is especially important to police and fire rescue emergency services. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: ,~ove the Ordinance Quintus I~r~ne, lD'~p~rt~m~nt D~ector City Manager s Signature Development Department City Attorney / Finance / Human Resources S:~IULLETIN~FORMS~,AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 3 AN ORDINANCE OF THiE CITY OF .BOYNTQN tlF~CH 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 20 BUll.DINGS, HOUSING & 6 GENERAL CONSTRUCTION, SECTION 8. SUBSECTION 7 C.2, AND CHAPTER 15 OF THE CODE OF ORDINANCES, 8 SECTION 15-16; PROVIDING MORE SPECIFIC CR1TERIA 9 FOR EXTERIOR IDENTIFICATION/NUMBERING; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 1 ! CODIFICATION AND AN EFFECTIVE DATE. 12 13 VqHEREAS, the City Commission, upon recommendation of staff, deems it 14 ~ecessary and in the best interests of the citizens and residents of the City of Boynton Beach, 15 :o amend the Code of Ordinances and the Land Development Regulations to add more 16 ;pecific criteria for exterior identification/numbering of all existing single family and multi- 17 ."amily units and commercial structures. 18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 [?HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing whereas clause is true and correct and is now ratified and 21 :onfirmed by the City Commissiono 22 Section 2. That Chapter 20. Section 8., of the Land Development Regulations of 23 he City of Boynton Beach Code of Ordinances is hereby amended by adding the words and 24 figures in underlined type, as follows: 25 Sec. 8. Building security code. 26 ... 27 C. Administration: 28 ... 29 2. Applicability. This code applies to the construction, alteration, repair, change of 30 occupancy classification or relocation of every building or structure or any 31 appurtenances connected or attached to such buildings or structures occupied for 32 commercial or residential purposes. All existing single family and multi-family units 33 and commercial structures shall have exterior identification/numbering as set forth in 34 subsections E. 16 and F. 13 of this section. 35 Section 3. That Chapter 15 of the Code of Ordinances of the City of Boynton 36 Beach, Section 15-16. is hereby amended by adding the words and figures in 37 underlined type, as follows: 38 Section 15-16. Mandatory street numbers on all buildings. :\CA\OrdinancesXLDR ChangesXAmdending DR - Chapter 20 house numbering.doc 2 i~ity limits shall install and maintain in a conspicuous place a co~ect street number of 3- ~1 b~'~'iicient size, shape and characterl to be visible and readable from the adjacent street. All 4 famil, and multi-family units and commercial structures shall have exterior 5 dentification/numbering as set forth in subsections E.16 ahd F. 13 of the Land Development 6 ulations of the City of Bovnton Beach, Chapter 20. Section 8. subsections E. 16 and F. 13. 7 Section 4. Each and every other provision of the Land Development Regulations 8 Code of Ordinances not herein specifically amended, shall remain in full force and effect 9 originally adopted. lO Section 5. All laws and ordinances applying to the City of Boynton Beach in 11 :onflict with any provisions of this ordinance are hereby repealed. 12 Section 6. Should any section or provision of this Ordinance or any portion 13 declared by a court of competent jurisdiction to be invalid, such decision shall not 14 the remainder of this Ordinance. 15 Section 7. Authority is hereby given to codify this Ordinance. 16 Section 8. This Ordinance shall become effective immediately. 17 FIRST READING this __ day of ,2004. 18 SECOND, FINAL READING AND PASSAGE this __ day of 19 2004. 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 23 Mayor 24 25 26 Vice Mayor 27 28 29 Commissioner 30 31 32 Commissioner 33 34 35 Commissioner 36 ~TrEST: 37 38 39 Clerk 40 41 ;:\CA\Ordinances~DR ChangesLMndending LDR - Chapter 20 house numbering.doc XII. - LEGAL CITY OF BOYNTON BEAC1 ITEM C.! AGENDA ITEM REQUEST FOKtv 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: Motion to approve a Resolution opposing the proposed amendment to Florida's Constitution known as the Florida Hometown Democracy Constitutional Amendment. EXPLANATION: This amendment to Florida's Constitution known as the Florida Hometown Democracy Constitutional Amendment, would require referenda to adopt or amend local government comprehensive plans. Passage of this amendment will increase costs to local governments and taxpayers, and disturb a uniform process and laws governing land use that is well established. We have been urged by other municipalities to oppose this amendment. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to adopt the resolution opposing the proposed amendment to Florida's Constitution. Department Head's Signature ~iW Att~iiill i~ Department Name. esources S:~BULLE~RMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA OPPOSING THE PROPOSED AMENDMENT TO FLORIDA'S CONSTITUTUION KNOWN AS THE FLORIDA HOMETOWN DEMOCRACY CONSTITUTIONAL AMENDMENT; AND PROVIDNG AN EFFECTIVE DATE WHEREAS, there is an effort to thwart representative democracy by adopting an amendment to the Constitution that would require referenda to adopt or amend local government comprehensive plans; and WHEREAS, the potential ramifications of the proposed amendment will increase the costs to local governments and taxpayers, thwart private property rights, disturb a uniform process and laws governing land use that is well established, but most importantly, the proposed amendment thwarts representative democracy; and WHEREAS, the proposed amendment will encourage land use by plebiscite rather than encourage a careful analysis of environmental impacts, Stormwater and solid waste issues and a myriad of issues that should be and are currently considered; and WHEREAS, the proposed amendment will only make the land use process more prolonged, unpredictable and expensive; and WHEREAS, only those citizens voting will make the decisions, not the elected officials chosen to represent all citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR THE CITY OF BOYNTON BEACH AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are hereby adopted as if fully set forth herein. Section 2. The City Commission of the City of Boynton Beach opposes the proposed constitutional amendment that requires referenda on the adoption or amendment of local government comprehensive plans. Section 3. That the City Manager and the City Clerk are directed to file this resolution with appropriate governmental and other authorities and entities in order to make public the City Commission's declaration in opposition to the proposed amendment as set forth herein above. Section 4. That this resolution shall take effect upon adoption. S:\CAXRESOXAdministrative\Opposing proposed amenement hometown democracy constitutional amendment.doc PASSED AND ADOPTED this __ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CAkRESO~Adminislxafive\Opposing proposed amenement hometown democracy constitutional amendment, doc XII. - LEGAL CITY OF BOYNTON BEAC] ITEM D.I 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: Appointment of Chair and Vice Chair to City quasi-judicial boards. EXPLANATION: The City Commission's adoption of Ordinance 04-008 clears the way for the appointment of a Chair and Vice Chair to each of the City's quasi-judicial boards. The procedure for appointment is set forth in the Ordinance. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: With passage of Ordinance 04-008, no alternative procedure for appointment of the Chair and Vice Chair is available. Department Head's Signature ~/~ ; anager's Signature City Attorney's Office Department Name --City Atto~t~ey / Finance ! Human Resources S:'tBULLETINXFORMSXAGENDA ri'EM REQUEST FORM.DOC XII. - LEGAL CITY OF BOYNTON BEACE ITEM D.4 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 proposed Settlement Stipulation EXPLANATION: The Molle's were owners of the property which operates as the Banana Boat Restaurant, sued the City and the Florida Department of Transportation for damages to theft property which they allege are caused by the design and construction of the new Ocean Avenue bridge. Through negotiation we have been able to reach a proposed settlement which would require the City to pay $10,000 to FDOT and to release any current or future City interest in Banana Boat Way and a small portion of the pond which lies just to the west of the Banana Boat parking lot. The details of the settlement are set forth in the attached proposed Settlement Stipulation. PROGRAM IMPACT: N/A FISCAL IMPACT: Payment of $10,000 to FDOT. Undetermined future savings related to maintenance responsibility for Banana Boat Way. ALTERNATIVES: Reject settlement and go to trial. Department Head's Signature City Manager's Signature City Attorney' Office ; ,.(~/j]q/O,4~t ~d~f.~jt,~t/~ Department Name ~? ' -~it~ Attorn~/~'-F~n~ance / Human Resources S:XBULLETIN~RMSXAGENDA ITEM REQUEST FORM.DOC IN THE CIRCUIT COURT OF THE 15TM JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA VINCENT MOLLE and CASE NO,: CA-01-07267-AG ALENE MOLLE CIVIL .DIVISION PlainOffs, CITY OF BOYNTON BEACH emd TI-IE FLORIDA DEPARTMENT OF TRANSPORTATION Defendants / SETTLE ,M, ENT,,STIP~LAT!ON THE pARTIES hereto stipulate and agree to resolve the instance case on the following terms and conditions: !. Within 30 days of the effective date of settlement, Defendant Florida Department of Transportation (DOT) will pay Plaintiffs, jointly and severally, the sm of $130,000. 2, Within 15 days of the effective date, Defendant City of Bos~ton Beach (City) will pay DOT, the sam of $10,000. 3. Within 30 days of the effective date, City will release DOT from any obligation to convey Banana Boat Way to the City and DOT will convey the entire dght-oI:way of Banana Boat Way to Plaintiffs as tenants by the entireties by special warranty deed. 4. Within 30 days of the effective date, City and/or DOT will develop an a¢cm'ate legal description for that portion of the retention area that lies just to the west of Plaintiffs' property comprising a triangular section on the north, bordering the current Banana Boat Way right-of-way sufficient to allow reconfigurafion of access to the property. The southern bounda~ of this portion of the retention area will nm from approximately the intersection of Banana Boat Way on the west to the northern edge of Plaintiffs' ettrrent flumpster location. After the parcel identified herein is specifically identified, City will relinquish title to it to the DOT who will, in ,,, ! Mollc w City af Bo?nton B~ach, FDOT ~s~ No, CA-01-0726?-AG Sc~{emenL $tipulmioa / P~e 2 ~, couv~y i~ ~o ~ Pl~n~s by special ~ d~d. DOT will have 30 days from upon w~ch Ci~ pmp~'cs the l~gal d~sc~ption to ~e all st~ps nccess~ ~o convey ~e prope~ to Plaintiffs ~ ten~s by ~e entireties. 5. Wi¢in 30 days of the effective date, DOT will pay Plaintiff~' ~dersi~efl co,scl ~e sum of $12,000 towards Plaintiffs' legal fees. 6. This settlement stipulation, shall be brought before the Ci~ Commission of Defender Ci~ of Boyn~n Beach for review ~d approval on M~eh 16, 2004. ~e effective date oft~s agreement will be ~e date of Ci~ Co~nission approve. 7. Upon Ci~ Commission approval ~d complimee by Defenders with the te~s of this Stipulation, Pl~ntiffs sMll dismiss ~e above-s~led action with prejudice ~th each bering im o~ corn costs ~d a~omeys fees except as pro~ded herein. g. ~e Corn may re,in j~sdiefion over the p~ieS hereto ~d ~e ~bject matter hereof for the pu¢ose, of entering my md all orders necess~ to e~ome ~e te~s of Se~lement Stipulation. BOOSE CASEy CI~ LUBITZ FLO.~A DEPT. OF T~NSPORTA~ON M~NS MeB~E & O'CO~ELL 605 Suw~ee S~., MS-58 515 N Flagl~ Dr., Ste 1800 T~l~see, FL 32399 PO Drawer 4626 850-414-5346; fax: 850414-5264 We~ Palm Beach, FL 33402-4626 A~omey for FDOT 561-832-5900; f~x: 561-820-0389 A~om~s for Plaintiffs By:. By: B~N B. JOSLS~, ESQ. W~TER ~LLY, ESQ. Florida B~ No. 332496 Flon~ B~ No. GO~, CHEROF, BOODY & EZROL, P.A. 3099 East Commercial Blvd,, Ste 200 Ft. Lauderd~e, FL 33308 954-771-4500; f~x: 954-7714923 Attorneys for Cky of Boston Beach By: .,, '~ofida B~ No.: MOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE & O'CONNELL 515 North Flagler Drive- 18t~ Floor West Palm Beach, Florida 33401 ' Phone: (561) 832-5900 URGENT - FOR..IM~ED}ATE.DELI~ER~ To: James ^. Cherof, Esq. Fax No.: (954) 771-4923 To: Walter Kelly, Esq. Fax No.: 850-414-5264 Re: Molle vs. City of BB, FDOT Matter #: 36858 From: Richard A. Jarolem Date: March 10, 2004 ND. Of Pages: three COMMENTS: Revised Settlement Stipulation per Cherof's request in his letter dated March 5. Please contact me as soon as possible upon your review, Original to follow. THE INFORtglATION CONTAINED IN THIS FACSIMILE MESSAGE I$ ATTORNEY pRIVILEGED AND CONFIDENYIAL INFORI~kTII~N iNTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE, tF THE READER OF THla MESSAGE 15 NOT THE INTENDED RECIPI~[NT, YOU ARE HEREIBY NOTIFIED THAT ANY DI$SEMIblATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE EECI~IVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATI~-LY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MI_-'SSAGE TO US AT THE A§OVE ADDRESS VIA THE U.S, POSTAL SERVICE, THANK YOU- XII. - LEGAL ITEH D.5 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 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: Commission action to authorize City Attorney to prepare a settlement agreement between property owner and adjacent property owners resolving neighborhood dispute over site improvements to Texaco Gas Station. EXPLANATION: Several months ago the City Commission denied a variance request by the Texaco station owner which would, if granted, have allowed property improvements, including the construction of a storage facility on the east side of the existing structure. Adjacent neighbors in the residential neighborhood to the east of the Texaco station have viewed the proposed car wash operation as an inappropriate and unacceptable intensification of use. Subsequent meetings with the property owner and the residential neighbors have resulted in a potential resolution of the dispute whereby the Texaco station owner would agree to a deed restriction prohibiting the use of the eastern most parcel as a car wash in exchange for approval of the storage addition to the existing structure. Step one in bringing this possible agreement back before the Commission would be for the interested parties to enter into a formal agreement. The City Attorney's office could facilitate drafting and signing of such an agreement if the Commission so authorizes. Following agreement, the property owner would make reapplication to the City for the appropriate development order. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Allow the parties to privately resolve their dispute and reconsider the matter only on reapplication by the property owner. [ ) ~ Department Head's Signature .,4 ' ~ity Manager's Signature City Attorney' Office Department Name City Attorney / Finance / Human Resources S:kBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC