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Agenda 08-17-04 ;i<.ä~~;;~~~":.ft~·~¡iÌ<...'--à""~---r--<~""~---"-·~--··---"~~~-.----. jr'~~~~""!';~~~~i.fii&~""~~.Lt~"~.£<·a.-·,,:;~ ~~-~~'f~:;~Þ~~-Äf.~l!~~~~i·--:~i.;¡~~~~~~~:-~-'- The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA AUGUST 17, 2004 Jerry Taylor Mayor At Large Bob Ensler I Commissioner District I Mack McCray Commissioner District 1/ Mike Ferguson Vice Mayor District II/ Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda 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 Holidays/Election Day). 1I1._ANNOUNCEMENTS lit PRESENTATIONS . Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting: Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 ~ August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21,2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business ("") AGENDA ITEM C) a=i 0 Public Hearing 0 Legal .r- =i-< 0 0 þ "<0 Bids Unfinished Business c:: (¡') ("'J -r¡ 0 Announcement 0 Presentation I ,-co "'0 W ::::J-< 0 City Manager's Report --~z J> 0')---i ::¡¡: 0 - DZ - " RECOMMENDATION: Present Proclamation .. -.,a;¡ w -~ .¡;:- ~::t> I' C") EXPLANATION: This proclamation, requested by the District Director ofthe MDA Labor Day Telethon. ::t: PROGRAM IMP ACT: This proclamation will recognize the outstanding accomplishments the Boynton Beach Fire Fighters have made on behalf of their efforts for the Muscular Dystrophy Association (MDA). FISCAL IMP ACT: None ALTERNATIVES: Not present proclamation ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I' I 11 WHEREAS, members of the International Association of Firefighters serve and protect communities throughout America everyday; and WHEREAS, members of the International Association of Firefighters have become a symbol of national pride, honor and strength; and WHEREAS, members of the International Association of Firefighters unselfishly donate their time and energy to supporting the battle against muscular dystrophy; and WHEREAS, the International Association of Firefighters this year celebrates 50 years as the pre-eminent support of services and research offered by the Muscular Dystrophy Association; NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, do hereby proclaim August 29,2004 through September 4, 2004 as: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS WEEK in the City of Boynton Beach, and encourage all citizens to recognize and support the I valiant firefighters who serve them. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed this 17'h day of August in the Year 2004. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC\WPlCCAGENDA\ProclamalionsWear 2004\tAFF FIREFIGHTERS WEEK.doc __'_n __~~. .-__",,__-0 .-<..-----...-~- --- ------,~-_._-- .--- -,-,.....~< -~--._~----~-- >----_..--~ "... ..... }ß tr-'~e /' ¥ô ~~ ' ¡J~'~ 4~'JJr:.: ?j:>_,)V1 (!.. .~~,')4 . rr; ~ MDA abor Day " . . ,.""Ji¡¡'f';1 cf' W~X"~'"i-- 'IELETH -. 'l.- " . ~ q,J¡1 c.o~'Iò.,,-.- ····lì /1'1 . I~ r=.: I fir r..-.... . July 28, 2004 if LJJ r~'~-~S B_~~'_L~_, IG; / ..¡ II !~ì) f. ¡;: if í /,1 ," JUL 2 8 "nn¿¡ ,. I'; W;. iJu¡ ..i Mr. Kirk Bressner ( L. ¡ </ I City Clerk Office L''":!T'( \, .-.' .._~-:-:j ! P.O. Box 310 '--'" /., ~ . . . -. .-__ '. .- . - : "". I . " ., ¡; . '---, ~ í ~ 0 LJ ;.~ ;- J ~j!- I Boynton Beach, FL 33425 --=-.J Dear Mr. Bressner: I am writing to request your assistance in recognizing the outstanding accomplishments of the Boynton Beach Fire Fighters on behalf of their efforts for the Muscular Dystrophy Association (MDA). The money collected in their 2003 "Fill the Boot" campaign, combined with the totals from fire departments across the State, brought in over $1,000,000. This year celebrates the 50th anniversary of the partnership between the International Association of Fire Fighters (IAFF) and MDA. To show our appreciation to the fire fighters in our community, the Muscular Dystrophy Association is -'"Ionsoring Fire Fighter Appreciation Week from August 29th, 2004 to September 4, 2004. I am requesting that ynton Beach proclaim this week, "IAFF Appreciation Week." This courageous group of men and women can be recognized not only for their service to our communities but also for their dedication to area children and adults battling neuromuscular disease. Enclosed you will find a sample proclamation. We would appreciate you presenting the proclamation at a city council meeting. ~r~~$~~dvise~91the date and time that a formal presentation can be made. Thank you in advance fonyour cònsideration of this request. c:> ~:¿ .r.- --I L- -<0 c:: C)"'T\ i .-CP N ;-..0 o.D -;:a-< ~:z: -0 :...) --I - '0 ..;¡¡. -::> ;z:. Cf! "'CP ~fT1 c:> c->>> _ ["Tic-> ~ P\~ ~l~e :x: ff'~' ~ CC: Dean Kinser, Union President C)~ ~tt ~~ Phil Oxendine, MDA Coordinator PS. Don't forget to watch the 2004 Jerry Lewis MDA Labor Day Telethon on WPEC News12 and UPN 34 broadcast from the West Palm Beach Marriott. Check your local listings for times. Muscular Dystrophy Association 3222-D Commerce Place / West Palm Beach, FL 33407 / Phone 561-242-5084/ Fax 561-471-1514 VI.-CONSENT AGENDA ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office c=J August 3, 2004 (Noon.)July 19,2004 c=J October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 ~.., c=J September 7,2004 o November 3, 2004 0 CJ~ (Noon) August 16,2004 (Noon) October 18, 20~- ~-< :;::<" -<'0 c=J September 21, 2004 o November 16, 2004 c::: n-" (Noon) September 7, 2004 (Noon)November 1,20el) rcP , ,no N ;;J-<. ;-;-"<;:;t: c=J D ~ u;-i Administrative Development Plans 0 :::£: oz r8J 0 - -°cP NATURE OF Consent Agenda New Business - .' -::!ï'"1 AGENDA ITEM c=J Public Hearing c=J Legal r'" CJJ:> c...n \'1Ç) c=J Bids c=J Unfinished Business ::t: 0 Announcement c=J Presentation c=J City Manager's Report RECOMMENDATION: Motion to award the "ANNUAL CONTRACT FOR PROPERTY & CASUALTY INSURANCE PROGRAM", RFP#065-1710-04/JA to multiple vendors with an annual expenditure of$ 818,493.00. CONTRACT PERIOD: OCTOBER 1,2004 through SEPTEMBER 30, 2005. EXPLANATION: On June 30, 2004, Procurement Services received and opened three (3) proposals for the above mentioned RFP. It is recommended to award this RFP to multiple vendors as overall "Most Responsive and Responsible Bidders." The awarded vendors are: Vendor Name Description Amount Arthur J. Gallagher & Co. Liability & Workers' Comp $ 205,604 FI. League of Cities Auto Insurance 142,703 Acordia PGIT Property Insurance 389,476 Arthur J. Gallagher & Co. Property Insurance (crime coverage) 2,500 Acordia PGCS W.e. Third Party Admin. Svcs. 37,000 Gallagher Bassett Liab., Auto, Property Adj. Svcs. 41,174 Total $ 818,493 The evaluating factors used in determining the awards were based on: price, program and services. Charles Magazine, Risk Manager, concurs with this recommendation (per memo attached). The provisions of this award will allow for two one (1) year extensions at the same terms, conditions, and prices not to exceed an increase of ten percent (10%) as negotiated by the City Risk Manager, subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid was to seek proposals for the purchase of insurance programs and products to supplement the City's self-insurance program. FISCAL IMPACT: Adequate funding has been budgeted from the Self-Insurance Fund for FY 2004/2005. AL TERN A TIVES: To fully self-insure all risks placing the City's financial well-being in jeopardy. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ ~ City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources cc: Charles Magazine - Risk Manager File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~--- -~------._--;. . ---~~'--~~"~-'. ~____~-"-,-,.",,__c__,___<.._.. _-__"_......_oo<.o._._....~-_,_ _ .___~.~~ The City of Boynton Beach, Florida Risk Management Department MEMORANDUM TO: Bill Atkins Purchasing Director FROM: Chuck Magazine Risk Manager DATE: July 30, 2004 SUBJECT: 2004/2005 Property & Casualty Insurance Program RFP #065-1710-04/JA Please find attached Agenda Item Request Form, for August 17,2004, and the Premium Review. This Memorandum will review the analysis and recommendations being made by this department. The Risk Management Department conducted a market assignment approach to this process in lieu of assigning a broker of record. This was done to increase competition and to open the process to more insurance markets than one single broker would utilize. Once those qualified parties were identified, they were offered the opportunity to begin the process of requesting markets. Four brokers expressed interest in seeking market assignments. They were: Acordia Arthur J. Gallagher & Co. - Boca Raton Florida League of Cities/FMIT Willis of Florida This Department reviewed the market assignment requests submitted by these brokers and made the assignments. Care was taken to insure that all parties received sufficient and varied markets where they had the ability to offer a full program as outlined in the specifications of the bid proposals. Ultimately, bid proposals were received by three brokers. Willis of Florida chose not to bid, as they had not completed the establishment of their new program to offer public entities. Acordia chose to submit only a partial program. The specifications included a requirement to submit proposal for claims management by each bidder. Florida League of Cities chose to submit only a partial proposal. I "L044 P~ & L044 ~ 7~ P'tð<UtWe S~" LIABILITY & WORKERS' COMPENSATION The incumbent is Arthur J. Gallagher & Co. - Boca Raton. Acordia did not bid on this business line. The program and services provided by Gallagher, currently, are exceptional. We are very happy with the programs provided. It should also be noted that this program is unique in that includes Workers' Compensation as well as Liability. A separate policy for Professional Liability, medial malpractice, to include EMS and the Medical Director has been purchased in the past. The proposal by Florida League of Cities has a separate policy for Workers' Compensation. When their two are combined, the total cost for the League is almost double that of Gallagher. Gallagher's premium is increased by 9.90% over current year. RECOMMENDA TION: Arthur J. Gallagher & Co. - Boca Raton AUTO The incumbent is Florida League of Cities/FMIT. Acordia did not bid on this business line. Gallagher bid on the Liability, but incorporated the Physical Damage in with the Property business line. The League's premium is increased by 28% over current year. RECOMMENDATION: Florida League of Cities/FMIT NOTE: Due to the large increase and lack of options available this year, Risk Management will be investigating various options for consideration for FY 2005/2006. PROPERTY The incumbent is Florida League of Cities/FMIT. All three brokers bid on this business line. Acordia's bid is the Preferred Governmental Insurance Trust (PGIT) Program. Acordia was low bid and provides a satisfactory proposal. They did not include a bid for the Crime coverage, so this will go to Gallagher. The Acordia premium represents a decrease by 3.30% under current year. RECOMMENDATION: Acordia I Preferred Governmental Insurance Trust RECOMMENDATION: Arthur J. Gallagher & Co. - Boca Raton (Crime Policy) WORKERS' COMPENSATION CLAIMS THIRD PARTY ADMINISTRATOR (TP A) The incumbent is Preferred Governmental Claims Services (PGCS). All three brokers bid on this business line. The program and services provided by PGCS, currently, are exceptional. We are very happy with the services provided. The pricing structure quoted is a flat rate. The other bidders quoted based on a per claim basis. Their annual rate, to compare to PGCS, is based on calculations for 2003 claims statistics. The Florida League's bid ofUnisource was the low bid based upon these calculations. This company has no current accounts in Palm Beach County. I am aware of only three accounts in Broward County. I do not believe that they have the experience in dealing with the healthcare providers in this area which is needed in these type of claims. The Gallagher bid of Gallagher Bassett Services was very close to PGCS. We much prefer a flat rate quotation where we are able to budget more accurately than by using per claim 2 ''L044 p~ & L044 ~ 7~ p~ S~" ..., 't>- .- ~..,___......___. ----..---....._-..".,...-~-~--- <~--~- ~-- .-. ~:_~~.......,"".c»_~.~____"'___rk__t.-- > -~<--_.-,-- fee schedule, at this time. If we are able to consistently show a decrease in the number of claims, then this may be a more appropriate method for selection. At this time, it is preferable to remain with the incumbent who provides exceptional service, and is planning to utilize the same risk management information system as the City is currently using. We anticipate that this will assist in providing even faster services to the City. The PGCS cost represents a decrease of 14.40% under current year. RECOMMENDATION: AcordialPreferred Governmental Claims Solutions LIABILITY. AUTO. PROPERTY ADJUSTMENT SERVICES The incumbent is Gallagher Bassett Services. Florida League, through Unisource, did not bid on this business line. The program and services provided by Gallagher Bassett, currently, are exceptional. Weare very happy with the services provided. Both bidders quoted based on a per claim basis. The annual rate is based on calculations for 2003 claims statistics. The low bid by was Gallagher Bassett based upon these calculations. The Gallagher Bassett cost represents a decrease of 8% under current year. RECOMMENDATION: Arthur J. Gallagher & Co. - Boca Raton / Gallagher Bassett Services Following completion of the evaluation and preliminary recommendations, we asked for a review by an outside expert in this area. We secured the assistance of Nancy Bolton, Director of Risk Management, Palm Beach County Board of County Commissioners. Ms. Bolton reviewed the analysis and preliminary recommendations made by this office. She concurred with those recommendations made by this department. Those preliminary recommendations are provided here as final recommendations by the Risk Management Department. 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' i ~,'~ : I' ~,oo, . .êl=-W· ; I. 1-, m I (¡ji::J .' o i <{! ' ! ..J 00 I o _ ' W NO ....... 0 oð Q., ~ Z >'1 ::J ·1 ~ , -'n\. ~ ~ ~ 1 c:["-'i ~ ~ 0> ION: i L..' C> ro "0 ~ I ro::J >. ro E c: ~ ~_; .- en 1::: E ~ ro .Q en ~ ¡ CD g z ~ ro .~ 0 ~ ...J ~ 0 ::J ::5.. - e·:J 0 E ~ ro g> « 0 0 d!; ¡ e> ~ LL a. ~ E ~ >. ~ E .- ~ a. 0 c: I ('I) ~ 0 - ~=Q.ro1:::0 - 0 ~ en .B&.'5g."8eO~~ ~ oð §-§¡ g> w ~ - 0 c: m Q. ~ & en ~ a. "0' §-! .- Z ro m I I ~ 01:: E...J ~ , <: ~:J, 'OOQ..D..::; c: _ en "0 - .¡;..' c: ..J - - _ ....... ro ~ .0...J = c:..Je>:J:J e ~:3 e ~ m en, m :D<{e> <{<{Q.> .> 0 ,,~I ro c: " ~ :::::¡ 0 w ~ ': !:tt VI.-CONSENT AGENDA ITEM 8.2 CITY OF BOYNTON BEACE 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 o August 3, 2004 (Noon.) July 19,2004 o October 5,2004 (Noon) September 20,2004 [8J August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18,2004 o September 21,2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 181 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A Motion to approve the bid for "CO-OP CHEMICALS AND FERTILIZER" (Delray Beach Lead Agency) Bid # 029-1411-04/CJD to various vendors based on the lowest, most responsive, responsible bidders who meet all specifications. City of Boynton Beach's anticipated expenditure is: $105.343.00 CONTRACT PERIOD: JULY 21, 2004 TO JULY 20, 2005 ("") c:> ("")=i .¡;:- ::¡-< EXPLANATION: This is a joint bid with the City of Delray Beach acting as the lead agJKy. ~ April 13, 2004, the City of Delray Beach opened and tabulated eighteen (18) proposals. Tlfe>aW:~ recommendation was based on low bid per item. Some items that were substitutes were s~mi~ and approved for award; and when a tie bid occurred, the award was made to the vendofaocáfcür closest geographically to Delray Beach for delivery purposes. All recommended ven~rs ~~ considered to be lowest, most responsible, responsive bidders meeting specifications. UÂg~ request and Award recommendations Memo from Norman Turner, Crew Supervisor, Fore'Sl~ and Grounds, Tom Balfe, Parks Manager, and Scott Wahlin, Golf Course Superintendent concur with this recommendation (see attached memos). Attached also is a summary Tabulation Sheet showing awarded vendors by item #. PROGRAM IMP ACT: The purpose of this bid is to establish firm prices for the purchase of Chemicals and Fertilizer for the various departments. These supplies are ordered on an "As Needed" basis and some items are stocked in the City's Warehouse. FISCAL IMPACT: ACCOUNT NUMBERS: ESTIMATED ANNUAL EXPENDITURE GOLF COURSE (FERTILIZER) 411-2911-572-52-19 $37,500.00 GOLF COURSE (PESTICIDES) 411-2911-572-52-21 $48,000.00 FORESTRY & GROUNDS (CHEMICALS & FERTILIZER) 001-2730-572-5221 $13,000.00 PARKS (CHEMICALS & FERTILIZER) 001-2731-572-5221 $ 2,664.00 001-2731-572-5226 $ 4.179.00 TOTAL EXPENDITURE: $105,343.00 ~~~ ~ Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Scott Wahlin - Golf Course Superintendent Norm Tumer- Forestry & Grounds, Crew Supervisor Tom Balfe - Parks Manager File --. ---------- .------- .._____o____~ _____~_.~~~____:~~____~~_~__.___ _£._ ~ .~-~~~-~------._._. RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 04-77 TO: Bill Atkins, Deputy Director of Financial Services FROM: Tom Balfe, Parks Manager ¡:ri3 VIA: John Wildner, Deputy Recreation & Parks Director ð»~ XC: file DATE: July 2, 2004 SUBJECT: CO-OP BID FOR CHEMICALS AND FERTILIZER I concur with awarding the bid for the following items: Helena Chemical Company Award, Dursban 2.5%, Ronstar 2G, Sencor 75 th, 14-14-14 Osmocote Southeastern Turf Grass Supply, Inc. Orthene Diamond R Fertilizer Company MSMA 6.6, 15-5-15 Fairway Grade Agro d/b/a Pro Source One Basagran Atlantic Fertilizer and Company 16-2-8 Professional Turf Lesco 24-2-11 Turf Fertilizer Chemicals: Acct.# 001-2731-572-5221 $2,664.00 FÿJ,~i1izer Acct.l! 001-2731-572-5226 $4,179.00 VL vr RECEIVED - Memo JUL 14 2004 @ PROCU~'7Îz;t SERVICES To: Bill Atkins, Deputy Director of Financial Services From: Scott Wahlin, Certified Golf Course Superintendent Date: July 8, 2004 Re: City of Delray Bid #2004-10 I have reviewed the tabulation sheets associated with the referenced bid and concur with the results. I am planning to utilize this competitive bid to purchase fertilizers and pesticides as indicated below. Fertilizers 411-2911-572-52-19 $37,500. Pesticides 411-2911-572-52-21 $48,000. Thank you, ~\?\ÅÀJ\ Scott B. Wahlin CERTIFIED BY THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AMERICA -_._--~----~---_._____,____ u ---.-<> ---"-'-'--"'~-~<---"----"'------- -..._,~------.>_~._~<----- PUBLIC WORKS DEPARTMENT RECEIVED ~fIJ! JUL 0 6 20M MEMORANDUM NO. 04-144 :ROC~¿P-ERVICES TO: Bill Atkins, Deputy Director of Finance PROCUREMENT THRU: Christine Roberts, Assistant Director of Public Works~ FROM: Norman Turner, Crew Supervisor jÞ ¡ DATE: July 2, 2004 RE: Bid Award - Bid for Chemicals and Fertilizer Bid #029-1411-04/CJD I have reviewed the bid tabulation sheet for the Chemicals and Fertilizer. I concur with the Delray Beach award and each item as shown on the summary tabulation sheet. The estimated expenditure will be $13,000.00 and the account number for this bid is 001-2730-572-5221. If you have any questions, I can be reached at Ext. 6223. NT /agga Copy: PW Files S:\PW\Correspondence\2004 Memos -Interdepartment & Interoffice\04-144 Atkins - Delray Beach Bid Award.rtf £IT' DF DELIA' IEA[H DELRAY BEACH t lOR D A bed 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 561/243-7000 AII·America City , III J! July 21,2004 1993 2001 Members of the Palm Beach County Cooperative Purchasing Council RE: Bid #2004-10 - Co-op Bid "Chemicals and Fertilizers" Dear Members; Our City Commission, on July 20, 2004, approved the award of the above reference bid to various vendors, per attached listing. The tenn will be from July 21, 2004 through July 20, 2005. The City of Delray Beach recommended award to low bid per item to the responsible, responsive bidder who bid per the required specifications. In some items substitutes were submitted and approved for award. In case of tie bids, the award was made to the vendor closest to the City of Del ray Beach. In the case of minimum shipping requirements, as stated by vendor(s), each entity may choose to award accordingly to their quantities and minimum shipping size requirements and storage space available. If you have any questions, you may contact me at (561) 243-7161 Patsy Nadal~ Attachments Cc: Joseph Safford, Finance Director City of Boca Raton City of Boynton Beach City of West Palm Beach City of Greenacres City of Lake Worth Solid Waste Authority of Palm Beach Cnty. Tom Arendt, Delray Beach Golf Course Tim Simmons, Superintendent of Parks & Recreation Tom Gynn, Lakeview Golf Course * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ..~--- n _ _ ______o__~.........__."_~~________.~__,___.~."""'~___~.._".<_. .- '~--"''''''--.-- -~ .._-,--~.......~ --"'-.-----..-. - ..-;.-...,....--"~- - tiT' DF DELIA' IEA[H ÆlRAY BEACH f L 0 . If)... tdItd 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000 All-America City , III J! July 6, 2004 RECEIVED JUL '3 2004 1993 PROC~rU~SERVICE~ 2001 Members of the Palm Beach I County Cooperative Purchasing Council RE: Bid #2002-43 - Co-op Bid "Chemicals and Fertilizers" Dear Members; As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the City of Delray Commission Agenda package with bid awards broken down per item number for Chemicals and Fertilizers. This contract is scheduled for the July 20, 2004 Commission Agenda. The City of Delray Beach recommended award to low bid per item to the responsible, responsive bidder who bid per the required specifications. In some items substitutes were submitted and approved for award. In case of tie bids, the award was made to the vendor closest to the City of Delray Beach. In the case of minimum shipping requirements, as stated by vendor(s), each entity may choose to award accordingly to their quantities and minimum shipping size requirements and storage space available. If you haV"?;l you may contact me at (561) 243-716] <1~da. uyer . Attachments Cc: Joseph Safford, Finance Director City of Boca Raton City of Boynton Beach City of West Palm Beach City of Lake Worth Solid Waste Authority of Palm Beach Cnty. City of Greenacres Tom Arendt, Delray Beach Golf Course Tim Simmons, Superintendent of Parks & Recreation Tom Gynn, Lakeview Golf Course @ Printed on Recycied Paper THE EFFORT ALWAYS MATTERS CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1,2004 FERTILIZERS AWARD RECOMMENDATIONS Fertilizer: ITEM # DESCRIPTION VENDOR COST COMMENTS 1 0-0-7 LESCO, INC. $0.130 lb. Low Bidder WITH ATRAZINE 501bs. 2 0-0-20 ATLANTIC FEC FERTILIZER & $0.119 lb. Low Bidder SULFATE OF POTASH-MAGNESIA CHEMICAL CO. 501bs. PROFESSIONAL TURF 2 ton min. FERTILIZER KILABREW TRAILER DELIVERY: Low Bidder BOYNTON BEACH ONLY DIAMOND R $224.45 ton DELRA Y BEACH ONLY $224.45 ton Low Bidder 3 0-0-45 HELENA $0.207 lb. Low Bidder SUPER K GREENS TURF 501bs. FERTILIZER Mini SOP 4 5-10-17 HOWARD FERTILIZER & $0.5025 lb. Low Bidder RONSTAR .95%+ FERTILIZER CHEMICAL CO., INC. 501bs. WITH PRE-EMERGENT 3 ton min.* HERBICIDE (Golf Course) LESCO, INC. $0.585 lb. Low Bidder 501bs. (Parks) LESCO, INC. $0.120 lb. Low Bidder 5 6-3-0 401bs. GREENS GRADE TURF FERTILIZER 6 10-10-10 UNIVARUSA $0.105 lb. Low Bidder PROFESSIONAL TURF 401bs. FERTILIZER 7 8-0-8 DIAMOND R. FERTILIZER CO., INC. $0.079 lb. Low Bidder BULK LIQUID liquid 8 8-0-8 HELENA CHEMICAL COMPANY $0.283 lb. Low Bidder GREENS MIX 501bs. Greens Mix #1878 9 8-2-10 AGRO dba PRO SOURCE ONE $0.1182 lb. Low Bidder LANDSCAPE AND ORNAMENTAL 401bs. FERTILIZER REF:s:\Finance\Purchasing\Bid T abulations/Fertilizers.xls\7/9/2004 Page 1 of 5 -~~~ . - -.~~--' T_ -r _<._.___''-~''''''''>""-,,,,,,_ ___ ____,__~"_._=_._~~_>--.. .-~.-<. ~--,~~""-",-=,~""",,,,--- CITY OF DELRA Y BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1,2004 FERTILIZERS AWARD RECOMMENDATIONS Fertilizer: ITEM # DESCRIPTION VENDOR COST COMMENTS 10 8-4-12 ATLANTIC FEC FERTILIZER & $0.1564 lb. Low Bidder PALM SPECIAL MIX CHEMICAL CO. 5Olbs. 2 ton min. (See note below) 11 10-4-12 DIAMOND R. FERTILIZER CO., INC. $0.150 lb. Low Bidder PALM & TROPICAL 501bs. ORNAMENTAL FERTILIZER 12 12-0-0 LESCO, INC. $4.90 gal. low Bidder CHELATED IRON WITH 2 x 2.5 gals. MICRONUTRIENT FOR TURF AND Lesco Chelated Iron ORNAMENTALS Plus $0.095 lb. Liquid Ag Systems/Douglas Fertilizer 13 12-0-6 and Chemical 5 ton min. delivery Low Bidder BULK LIQUID 14 12-2-14 AGRO dba PRO SOURCE ONE $0.169125 lb. Low Bidder SOUTHERN ORNAMENTAL FERTILIZER 15 13-2-13 HOWARD FERTILIZER & $0.311Ibs. Low Bidder TALSTAR 0.069% PLUS CHEMICAL CO., INC. 501bs. FERTILIZER 3 ton min.* 16 13-2-13 LESCO, INC. $0.319Ibs. Low Bidder PROFESSIONAL TURF 501bs. FERTILIZER (GREENS GRADE) Lesco 13-2-13 Elite 17 13-3-13 UNIVAR USA $0.175Ibs. Low Bidder GREENS MIX 18 13-3-13 LESCO, INC. $0.165Ibs. Low Bidder TREE & PALM 501bs. FERTILIZER Lesco 13-3-13 Palm & Tropical Ornamenta 19 13-4-13 HOWARD FERTILIZER & $0.4125 lb. Low Bidder GREENS FERTILIZER CHEMICAL CO., INC. 501bs. 1 ton min. 20 14-2-14 LESCO, INC. $0.300 lb. Low Bidder MICRO GREENS & TEE 501bs. I MIXTURE Lesco 14-2-14 Elite 40% PPSCU REF:s:\Finance\Purchasing\Bid T abulationslFertilizers.xls\7/9/2004 Page 2 of 5 CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JUL Y 1,2004 FERTILIZERS AWARD RECOMMENDATIONS Fertilizer: ITEM # DESCRIPTION VENDOR COST COMMENTS 21 14-14-14 LESCO. INC. $0.320 lb. Low Bidder PLUS MINORS - FOR SHRUBS 401bs. lesco 14-14-14 100% PPSCU 22 14-14-14 HELENA CHEMICAL COMPANY $0.679 lb. Low Bidder OS MOCOTE 501bs. Calibercote 14-1-414 3-4 mos. 23 15-1-15 LESCO, INC. $0.138 lb. Low Bidder PROFESSIONAL TURF 501bs. FERTILIZER 40% PPSCU 24 15-5-10 HOWARD FERTILIZER & $0.536 lb. Low Bidder WITH 1% RONSTAR CHEMICAL CO., INC. 501bs. 3 ton min.* (Golf Course) AGRO dba PRO SOURCE ONE $0.63 lb. low Bidder (Parks) 25 15-5-15 DIAMOND R. FERTILIZER CO., INC. $0.128 lb. Low Bidder FAIRWAY GRADE 501bs. FERTILIZER ATLANTIC FEC FERTILIZER & 26 15-5-15 CHEMICAL CO. $0.1765 LB. Low Bidder PROFESSIONAL TURF FERTILIZER ATLANIC FEC FERTILIZER & 27 16-2-8 CHEMICAL CO. $ 0.139 lB. Low Bidder PROFESSIONAL TURF 501bs. FERTILIZER 2 ton min. (Rotary Spreaders only) ALANTIC FEC FERTILIZER & 28 16~2-8 CHEMICAL CO. $ 0.127Ib. Low Bidder PROFESSIONAL TURF 501bs. FERTILIZER 2 ton min. 29 16-2-16 AGRO dba PRO SOURCE ONE $0.165 lb. low Bidder PROFESSIONAL TURF FERTILIZER 30 16-4-16 LESCO. INC. $0.300 lb. Low Bidder GREENS MIX 501bs. Lesco 15-0-15 Elite 31 16-25-12 HOWARD FERTILIZER & $0.1675 lb. Low Bidder TURF STARTER FERTILIZER CHEMICAL CO., INC. 501bs. 3 ton min." REF:s:\Finance\Purchasing\Bid T abulations/Fertilizers.xls\7/9/2004 Page 3 of 5 CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1,2004 FERTILIZERS AWARD RECOMMENDATIONS Fertilizer: ITEM # DESCRIPTION VENDOR COST COMMENTS 32 17-1-10 LESCO, INC. $0.300 lb. Low Bidder GREENS GRADE FERTILIZER 501bs. Lesco 21-4-11 Elite 33 18-2-9 LESCO, INC. $0.300 lb. Low Bidder MICRO GREENS & TEE 501bs. MIXTURE Lesco 21-4-11 Elite 34 18-46-0 HELENA CHEMICAL COMPANY $0.145 lb. Low Bidder DIAMMONIUM PHOSPHATE 501bs. 35 19-0-19 LESCO, INC. $0.306 lb. Low Bidder PRE-EMERGENT WEED 501bs. CONTROL 1.31% Pre-M 36 19-0-19 DIAMOND R. FERTILIZER CO., INC. $0.180 lb. Low Bidder WITHOUT PRE-EMERGENTS 501bs. 37 20-2-10 LESCO, INC. $0.155 lb. Low Bidder PROFESSIONAL TURF 501bs. FERTILIZER 40% PPSCU (Rotary spreaders only) 38 20-20-20 AGRO dba PRO SOURCE ONE $0.470 lb. Low Bidder WATER SOLUBLE POWDER 251bs. 39 21-0-0 HELENA CHEMICAL COMPANY $0.104 lb. Low Bidder BULK LIQUID 40 21-0-0 VERDICON/UHS $0.110 lb. Low Bidder SULFATE OF AMMONIA 501bs. GRANULAR 41 21-4-11 LESCO. INC. $0.300 lb. Low Bidder GREENS MIX 501bs. 95% PPSCU 42 22-0-22 LESCO, INC. $0.190 lb. Low Bidder 501bs. Lesco 19-0-19 75% PPSCU 43 22-2-11 LESCO, INC. $0.230 lb. Low Bidder ATRAZINE 1.05% PLUS 501bs. I FERTILIZER TURF FOOD REF:s:\Finance\Purchasing\Bid Tabulations/Fertilizers.xIs\7/9/2004 Page 4 of 5 CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1,2004 FERTILIZERS AWARD RECOMMENDATIONS Fertilizer: ITEM # DESCRIPTION VENDOR COST COMMENTS 44 24-2-11 LESCO, INC. $0.168Ib Low Bidder TURF FERTILIZER 501bs. (For Rotary spreaders only) 50% PPSCU 45 24-2-11 UNIVAR USA $0.340 lb. Low Bidder TALSTAR 0.069% PLUS 501bs. FERTILIZER 20-2-6 with .069% Talstar 46 25-3-10 LESCO, INC. $0.157 lb. Low Bidder TURF FERTILIZER PLUS IRON 501bs. Lesco 28-5-12 35% PPSCU (No bid for this 47 29-3-5 item) FERTILIZER WITH DURSBAN (No bid for this item) (No bid for this item) (No bid for this item) 48 HIGH MANGANESE COMBO LESCO,INC. $6.20 gal. Low Bidder CHELATED MICRONUTRIENTS 40 gallons 49 LIQUID MICRONUTRIENT SOIL LESCO,INC. $4.90 gal. Low Bidder SUPPLEMENT 2 x 2.5 gal. case or 55 gal. drum Lesco Chelated Iron Plus 50 MICRO-PRILL NUTRALlNE HELENA CHEMICAL COMPANY $0.497 lb. Low Bidder 501bs. Nutralene 40-0-0 FailWay Grade 51 MILORGANITE ATLANTIC FEC FERTILIZER & $0.077 lb. Low Bidder CHEMICAL CO. 501bs. 2 ton min. (See note below) 52 STEP HI MAG HOWARD FERTILIZER & $0.500 lb. Low Bidder (TRACE ELEMENT PACKAGE, CHEMICAL CO. 501bs. GREENS GRADE) 1 ton min. REF:s:\Finanœ\Purchasing\Bid TabulationslFertilizers.xls\7/9/2004 Page 5 of 5 ~~---~--~...~--- _~__~.___._"_~_~_<_ _ .__~ _r__~.""__~_<~-.,.k.>-<-_ _. h__.~_.__."~_ ."-'. CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1, 2004 CHEMICALS AWARD RECOMMENDATIONS Chemicals: ITEM # DESCRIPTION VENDORS COST COMMENTS 1 ACEPHATE HARRELL'S $1.32 LB. Low Bidder $41.67LB. Precise 2 ALLlETTE VERDICON/UHS $12.50 lb. Low Bidder 4 x 5.5 Ibs. 3 AMDRO ANT KILLER DIAMOND R. FERTILIZER CO. $4.30 lb. Low Bidder 2 x 25 lb. bags Pro-Bait Generic 4 AQUA NET RED RIVER SPECIAL TIES, INC. $540.00 gal. Low Bidder 30 gal. Aqua Neat by Tiverdale 51 % Glyphosate 5 AQUA SHADE PARKWAY RESEARCH & $20.00 gal. Low Bidder CHEMICAL CO., INC. 2 x 2.5 gals. Blue Lagoon 6 AQUATHOL SUPER K HELENA CHEMICAL COMPANY $12.32 lb. Low Bidder 251bs. - RED RIVER SPECIAL TIES, INC. $242.00 gal. ARSENAL Low Bidder 2 x 2.5 gals. 8 ASULOX AGRO dba PRO SOURCE ONE $55.00 gal. Low Bidder 1 case 9 ATRAZINE 4L HERBICIDE HELENA CHEMICAL COMPANY $9.44 gal. Low Bidder 2.5 gals. 10 AWARD HELENA CHEMICAL COMPANY $6.25 lb. Low Bidder 251bs. Low Bidder Carso- Bid award to Red River Specialities, Inc. for endurance 11 BARRICADE 65 WG RED RIVER SPECIAL TIES, INC. $32.50 lb. for landscape. 5 x 10 Ibs. Endurance for Landscape 12 BASAGRAN AGRO dba PRO SOURCE ONE $72.15 gal. Low Bidder 13 BIVERT LESCO, INC. $12.10 gal. Low Bidder 2 x 2.5 gals. Lesco Spreader Sticker BLAZON SP OR EQUIVALENT PARKWAY RESEARCH DIV. OF $16.00 gal. Low Bidder BRANDT 2 x 2.5 gals. Big Foot REF:s:\finance\purchasing\Bid T abulations\Chemical.xls\7/9/2004 Page 1 of 8 CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1, 2004 CHEMICALS AWARD RECOMMENDATIONS Chemicals: ITEM # DESCRIPTION VENDORS COST COMMENTS 15 BUFFER CONTROL UNIVAR USA $7.45 gal. Low Bidder 2.5 gals. 16 CAPTAN AGRO dba PRO SOURCE ONE $15.50 gal. Low Bidder 1 case Low Bidder Harrell's Bid award to Lesco 17 CHIPCO GT 26 LESCO, INC. $98.00 gal. for size 2 x 2.5 gals. Lesco 18 Plus Low Bidders Harrell's, Howard Fertilizer, Lesco, Southeastern Turf and Univar USA-r" . award to Lesco- 18 CHIPCO TOP CHOICE LESCO, INC. $2.75Ib.* closet to Delray. INSECTICIDE 501bs. 19 CLASS ACT NO BID No bid rec'd from No Bid any vendor 20 COHERE LESCO, INC. $12.10 gal. Low Bidder 2 x 2.5 gals. Lesco Spreader Sticker 21 CORSAIR HERBICIDE LESCO, INC. $63.50 bU. Low Bidder 4 x 2 oz. 22 CURFEW SOIL FUMIGANT HELENA CHEMICAL COMPANY $380.00 acre Low Bidder $76.00 per acre Applied by Applicator Tie bid Harret and Helena-Helena awarded-closest to 23 DACONIL WEATHER STICK HELENA CHEMICAL COMPANY $67.30 gal. Delray. 2.5 gals. Tie Bidder Harrell's, Helena, and Univr Bid award to Helei. 24 DACONIL ZN W /ZINC HELENA CHEMICAL COMPANY $46.76 gal. closet to Delray. 2.5 gals. REF:s:\finance\purchasing\Bid T abulations\Chemical.xls\ 7/9/2004 Page 2 of 8 ~<~-~........- . . ~"- ,-. CITY OF DELRA Y BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1, 2004 CHEMICALS AWARD RECOMMENDATIONS Chemicals: ITEM # DESCRIPTION VENDORS COST COMMENTS 25 DEFOAMER NON TOXIC PARt<MJAY RESEARCH DIV. $1.12pt. Low Bidder 12 quarts Defoamer 26 DITHANE 45 WET ABLE AGRO dba PRO SOURCE ONE $2.80 lb. Low Bidder POWDER 4 x 12 Ibs. 27 DRIVE 75 DF HELENA CHEMICAL COMPANY $62.00 lb. Low Bidder 6 x 1 lb. 28 DURSBAN 2.5% HELENA CHEMICAL COMPANY $0.67 lb. Low Bidder (GRANULAR INSECTICIDE) 501bs. 29 DURSBAN CRICKET BAIT 1 % LESCO, INC. $0.44 lb. Low Bidder 401bs. . Lesco Dursban 1 % Bait Granular Low Bidder Red River Specialities- Bid award to Agro d/b/a Pro Source One for quantity 30 DURSBAN PRO 2-1/2 GAL. AGRO dba PRO SOURCE ONE $30.00 gal. andChlorpyrifor 2.5 gals. Chlorpvrifor 2E Low Bidder Lesco and Agro d/b/a Pro Source One-Bid award to Agro d/b/a Pro Source One- 31 DYLOX ARGRO dba PRO SOURCE ONE $0.80 lb. closet to Delray. 30 lb. bag 32 FINALE HERBICIDE AGRO dba PRO SOURCE ONE $52.25 gal. Low Bidder 2 x 2.5 gals. 33 FIRE ANT AMDRO BAIT DIAMOND R. FERTILIZER $4.30 lb. Low Bidder (GRANULAR) 2 x 25 Ibs. Pro-Bait Low Bidder Univar- Bid award to Red River Specialities 34 FUSILADE LIQUID RED RIVER SPECIAL TIES $132.00 gal. for gallons. 4 x 1 gal. 35 GARLON 424 UPA TIMBERLAND LLC $80.20 gal. Low Bidder (VEGETATION MANAGEMENT) 2.5 gals. REF:s:\finance\purchasing\Bid T abulations\Chemical.xls\7/9/2004 Page 3 of 8 CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1, 2004 CHEMICALS AWARD RECOMMENDATIONS Chemicals: ITEM # DESCRIPTION VENDORS COST COMMENTS 36 GREEN LAWNGER LESCO, INC. $26.40 gal. Low Bidder 2 x 2.5 gals. Lesco Green 37 GRO SAFE ACTIVATED LESCO, INC. $14.00 gal. Low Bidder CHARCOAL 2 x 2.5 gals. Char-Zorb Flo Act Charcoal Low Bidder VerdiconlUHS-Bid award to Lesco for case and Fairway 38 HERITAGE LESCO, INC. $372.00 Ib.* Park. 6x1lb.case $335.00Ib.* 6 Ib Fairway Pak Low Bidder Southeastern-Bid award to Harrel's 39 ILLOXAN 3EC6 HARRELL'S INC. $130.00 gal. Inc. for size. 1 gal. For Size 40 IMAGE (CONTAINS AGRO dba PRO SOURCE ONE $65.10 Low Bidder AMMONIUM, SALT, IMAZAQUIN) 11 .43 oz. 41 INDUCE UPA TIMBERLAND LLC $29.50 cs. Low Bidder 2 x 2.5 gals. Timbersurf 90 42 KERB 50 W SP AGRO dba PRO SOURCE ONE $31.20 lb. Low Bidder 3lbs. 43 L1 700 SURFACTANT UNIVAR USA $8.88 gal. Low Bidder PENETRANT ACIDIFIER 2.5 gals. Carrier 44 LEMWET LESCO, INC. $6.10 gal. Low Bidder 2 x 2.5 gals. Lesco Accu-wet 45 MANAGE HERBICIDE ALENZA $67.91 btl. Low Bidder (1.3 OZ. PER/BOTTLE) 1 0 bottles 46 MANCOZEB FUNGICIDE LESCO, INC. $12.50 gal. Low Bidder 2 x 2.5 gals. Lesco Mancozeb 4 Flo 47 MANOR AGRO dba PRO SOURCE ONE $55.00 oz. Low Bidder 4 x 2 oz. case ~ REF:s:\finance\purchasing\Bid Tabulations\Chemical.xls\7/9/2004 Page 4 of 8 - ---~----~._..~~------............-.-_._-----=..,--- . , _,. ~_~...........~_-..;.__.__ J ~__~.,,_-__._~_-_ ~- .~-'.'-- .-~ ....~--<. --. . "'-"--~"'-~-c'~ CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1, 2004 CHEMICALS AWARD RECOMMENDATIONS Chemicals: ITEM # DESCRIPTION VENDORS COST COMMENTS Low Bidder Univar- Bid award to Helena 48 MAVRIK HELENA CHEMICAL COMPANY $299.68 gal. for size. $74.92 qt. 49 MERIT OR Equal LESCO. INC. $16.300z Low Bidder 4 x 4 x 1.6 oz. Low Bidder Univar- Bid award to Helena 50 MSMA 6.6 HELENA CHEMICAL CO. $16.85 gal. for Ansar size. 2.5 gals. Ansar-Size 51 MSMA + SURFACTANT ALENZA $12.43 gal. Low Bidder 2 x 2.5 gal./es. - NEWMACUR (3) LIQUID HELENA CHEMICAL COMPANY $93.25 gal. Low Bidder ~ 2.5 gals. 53 NEMACUR10G HELENA CHEMICAL COMPANY $3.35 lb. Low Bidder 501bs. 54 OPTIMA HELENA CHEMICAL COMPANY $38.19 gal. 2.5 gals. 15.28 Qal. 55 ORGANICIDE LESCO. INC $5.80 gal. Low Bidder 2 x 2.5 gals. Lesco Horticultural Oil 56 ORTHENE SOUTHEASTER TURF GRASS $7.16 lb. Low Bidder SUPPL Y, INC. 401bs. Acephate 57 PENDULUM 3.3 EC CARSO. INC $29.00 gal. Low Bidder Pendiflex Low Bidder Univar- Bid award to Helena 58 PENDULUM WDG HELENA CHEMICAL COMPANY $7.30 lb. for size. 2 x 10 Ibs. 59 PRE-M LESCO.INC $7.50 lb. Low Bidder 2 x 10 Ibs. Lesco Pre-M 60 DG - $47.50 gal. 60 PRIMER 604 HELENA CHEMICAL COMPANY Low Bidder 5 gals. Primer Select REF:s:\finance\purchasing\Bid Tabulations\Chemical.xJs\7/9/2004 Page 5 of 8 CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1, 2004 CHEMICALS AWARD RECOMMENDATIONS Chemicals: ITEM # DESCRIPTION VENDORS COST COMMENTS Low bidder VerdiconlUHS-Bid award to Helena for 61 PRIMO HELENA CHEMICAL COMPANY $350.00 gal. Max EC Turf. 2 x 1 gal. Max EC Turf 62 PRO STAR 70 WP AGRO dba PRO SOURCE ONE $36.55 lb. Low Bidder 1 case 63 QUICKPRO BY ROUNDUP RED RIVER SPECIALITIES, INC. $68.00 jug Low Bidder 1 jug Tie bids between UAP Timberland and Helena-Bid award to Helena- 64 REWARD HELENA CHEMICAL COMPANY $91.50 gal. closet to Delray. 2.5 gals. Tie bids betwee, Helena, Lesco ana Agro d/b/a Pro Source One-Bid award to Lesco- 65 REVOLVER HERBICIDE LESCO, INC. $162.50 qts.* closet to Delray. 4 x 1 quart 66 RODEO 140 RED RIVER SPECIALITIES, INC. $20.25 gal. Low Bidder 2 x 2.5 gals. Aqua Neat 53.8% Glyphosate Tie bid between Agro and Helena- Bid award to Agro- 67 RONST AR 2 G closet to Delray. AGRO dba PRO SOURCE ONE $1.28 lb. 501bs. SOUTHEASTERN TURF GRASS 68 ROUNDUP PRO SUPPL Y $540.00 gal. Low Bidder 30 gal. Glystar Pro REF:s:\finance\purchasing\Bid Tabulations\Chemical.xls\7/9/2004 Page 6 of 8 - "-----~-~ .- ._.___...,~.o><><_~_.. ---,.~~- CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1, 2004 CHEMICALS AWARD RECOMMENDATIONS Chemicals: ITEM # DESCRIPTION VENDORS COST COMMENTS Low Bidder Pennington Seed, Inc.-Bid award to 69 ROUND-UP PRO HELENA CHEMICAL COMPANY $159.65 cs. Helena for size 2 x 2.5 gals. 70 ROUNDUP PRO HOWARD FERTILIZER & $800.00 gal. Low Bidder CONCENTRATE CHEMICAL CO., INC. 1 drum Glvfos Pro 71 ROUND-UP PRO HELENA CHEMICAL COMPANY $159.65 cs. Low Bidder CONCENTRATE 1 case 72 SENCOR 75 T.H. HELENA CHEMICAL $33.50 lb. Low Bidder 4 x 5 Ibs. 73 SEVIN 80 WSP AGRO dba PRO SOURCE ONE $5.45 lb. Low Bidder 101bs. - $71.15 cs. 14 SEVIN LIQUID PENNINGTON SEED, INC. Low Bidder 2 x 2.5 gals. 75 SNAIL & SLUG BAIT PELLETS AGRO dba PRO SOURCE ONE $0.86 lb. Low Bidder 50 lb. bags 76 SONAR PR UAP TIMBERLAND, LLC. $14.20 lb. Low Bidder 401bs. Avast SRP Tie Bid Helena and Agro-Bid to Helena- 77 SUBDUE MAX HELENA CHEMICAL COMPANY $511.00 gal. closet to Delray. 2 x 1 gal. 78 SUBDUE GRANDULAR AGRO dba PRO SOURCE ONE $2.88 lb. Low Bidder 3 x 25 Ibs. 79 SURFLAN AS T/O RED RIVER SPECIALITIES, INC $66.50 gal. Low Bidder 2 x 2.5 gals. Orvza T&O 80 TALSTAR LIQUID RED RIVER SPECIALITIES, INC $93.75 -.75 gal. Low Bidder Control Solutions, Inc. '\1 T ALST AR .2G HELENA CHEMICAL $0.64 lb. Low Bidder 501bs. REF:s:\finance\purchasing\Bid Tabulations\Chemical.xls\7/9/2004 Page 7 of 8 CITY OF DELRAY BEACH BID #2004-10 CHEMICALS AND FERTILIZERS CO-OP BID JULY 1, 2004 CHEMICALS AWARD RECOMMENDATIONS Chemicals: ITEM # DESCRIPTION VENDORS COST COMMENTS 82 TALSTAR 0.069% BIFENTHRIN HOWARD FERTILIZER & $0.28 lb. Low Bidder CHEMICAL CO., INC. 10 x 50 Ibs. 83 TANK NEWTRALlZER HOWARD FERTILIZER & $12.95 gal. Low Bidder CHEMICAL CO., INC. 10 x 1 gal. Tie bid Lesco and Harrel's Inc.-Bid award to Lesco- 84 TOP CHOICE LESCO, INC. $2.75Ib.* closet to Delray 501bs. 85 TRACKER DYE PARKWAY RESEARCH DIV. OF $16.50 gal. Low Bidder BLUE DYE SPRAY BRANDT 2 x 2.5 gals. Big Foot 86 TRIMEC PLUS HELENA CHEMICAL COMPANY $29.20 gal. Low Bidder 2.5 gals. 87 WETTING AGENT AGRO dba PRO SOURCE ONE $5.75 gal. Low Bidder 2 x 2.5 gals. I REF:s:\finance\purchasing\Bld T abu/ations\Chemical.xls\7/9/2004 Page 8 of 8 <>_ d_>~. v__~ _ .........._..............,~ ._~~_ . ,.,.~~...-..-- - . --~.-----_.-~ - _h_'dO.'_'......__ Ow -._._~_ ___"'" VI.-CONSENT AGENDA ITEM B.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 ¡:g¡ August 17, 2004 (Noon) August 2, 2004 o October ]9,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21,2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1, 2004 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to award the "BOAT CLUB PARK-RESTROOMS AND RENOVATION", Bid # 074-2413-04/JA, to SEABEE BUILDERS, INC. of Deerfield Beach, Florida, in the amount of $108,820.00, plus a 10% contingency to be included for a total of $119,702.00. EXPLANATION: On July 22, 2004, Procurement Services received and opened three (3) bids. After review it has been determined that Seabee Builders, Inc. is the lowest, most responsive, responsible bidder who meets all specifications. David Stump, Project Manager, along with our design consultant Mike Flattery of CH2M Hill concurs with this recommendation (see attached memo). PROGRAM IMP ACT: The purpose of this bid is to seek the services of a qualified contractor to remodel the two existing restrooms located in the Coast Guard Auxiliary Building to meet ADA requirements, and to install approximately 4,500-5,000 feet of ironwood over the existing decking on the fishing pier at the Boat Club Park located at 2010 N. Federal Highway, Boynton Beach. FISCAL IMPACT: Account Number Proiect # Budl!et Amount Building Improvements 302-4108-580-62-01 CP0418 $ 105,000.00 Grounds Improvements 302-4108-580-63-15 CP0417 45.000.00 ~/:ñ. ~ Total ~ Deputy Director of Financial Services City Manager's Signature Procurement Services ~~ Department Name City Attorney / Finance / Human Resources cc: David Stump - Project Manager Rich Fiege - Faci]ities Manager Fi]e S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD 6 OF BID NO. #074-2413-04/JA FOR BOAT CLUB 7 PARK-RESTROOMS AND RENOVATION, TO 8 SEABEE BUILDERS, INC., IN THE AMOUNT OF 9 $108,820 AUTHORIZING THE CITY MANAGER 10 TO EXECUTE CONTRACT DOCUMENTS; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on July 22, 2004, three competi6ve bids were received, opened 14 and reviewed by Procurement Services, for Boat Club Park Restrooms and 15 Renovation; and 16 WHEREAS, the City Commission, upon recommendation of staff, deems it 17 to be in the best interests of the citizens and residents of the City of Boynton Beach, 18 to award this bid (#074-2413-04/JA), in the amount of $108,820, to Seabee 19 Builders, Inc., as the lowest, most responsive, responsible bidder who meets all 20 specifications. 21 NO"V, THEREFORE, BE IT RESOLVED BY THE CITY 22 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and 24 confirmed as being true and correct and are hereby made a specific part of this 25 Resolution upon adoption hereof. 26 Section 2. The City Commission of the City of Boynton Beach, FJorida, 27 hereby approves the award of Bid #074-2413-04/JA, for Boat Club Park Restrooms 28 and Renovation to Seabee Builders, Inc., of Deerfield Beach, in the amount of 29 $108,820, and does hereby authorize the City Manager to execute a contract S:\CA\RESO\Agreements\Bid Awards\Award of Bid - 074-2413-04JA - Boat Club Park.doc ~ "--. ~____~__L__O_ . ~__~""",,_-. _,_ , - -._~--' - ---1-' 1 between the parties, which is attached hereto and made a part hereof. 2 Section 2. That this Resolution shaH become effective immediately. 3 PASSED AND ADOPTED this day of August, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 29 30 S:\CA\RESO\Agreements\Bid Awards\Award of Bid - 074-2413-04JA - Boat Club Park.doc DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 04-133 TO: Bill Atkins Deputy Director of Finance Procurement Services THRU: H. David Kelley, Jr., P.E.IP.S.M~ City Engineer FROM: David Stump (§j Project Manager DATE: July 29,2004 RE: Boat Club Park Restroom and Fishing Pier Renovations Bid #074-2413-04/JA Recommendation of Award Bids were received and public opened for the above noted project on July 22, 2004, with you in attendance. Out of potentially twelve (12) contractors, three (3) submitted bids. Our design consultant, CH2M-HILL, has reviewed the bid package submitted by the three (3) lowest bidders and found the bid packages complete. The apparent low bidder was Seabee Builders, Inc., with a proposed bid amount of $108,820.00. CH2M-HILL has also checked the references submitted by the proposed low bidder. Attached is the original letter from our consultant. Based upon the bid package, our consultant's July 27, 2004 letter recommends the award for this project to Seabee Builders, Inc. This office concurs with the recommendation. The account number is 302-4108-580-62-01. Please present this recommendation to the City Commission for their approval, with an award of $108,820.00 plus 10% contingency amount of $10,882.00. If any additional information is required, please call me at x6486. HDKlDS/rd Attachment Cc: Jeff Livergood, PE, Director of Public Works Wally Majors, Director, Recreation File S:\Engineering\Office Associates File\Kel/ey\04-133 Boat Club Pari< Restroom & Fishing Pier-Renovations-Bld #074-2413-04JA.doc ._ _ __ __.~w__~_______,·~.""-__·~.L.<-"?-"~,___~ -...--~ ><__S__._b __._Y_~__n _~_-_""'~ . I CH2M HILL One Harvard Circle West Palm Beach. FL 33409-1923 Tel 561.515.6500 . CH2MHILL Fax 561.515.6502 ....... July 27, 2004 David Stump, Project Manager City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Boynton Beach Boat Club Park Bid # 074-2413-04/JA Bid Recommendation Dear Mr. Stump: Three Bids were received and publicly opened and read aloud on July 22, 2004, for the above referenced project. The Bid Tabulation Sheets and Register of Bid Documents are attached to this letter. We reviewed the Bid Package submitted by Seabee Builders, Inc.. and found the bid was complete and appears to be a responsive bid in accordance with the Contract Documents. Therefore, based on our review of the Bid Package, and the assumption that The City of Boynton Beach will find the Bid Documents complete and in proper order, we recommend that Seabee Builders, Inc. be officially selected as he successful low bidder. If a fmther presentation of our findings and recommendations is required, please advise and we will be happy to be available. 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LL Z ~ Ü I >- a.. ,n ::!i 0 ~ ~ ...Jo ....., ~ - a: ..... ~ ::;) (") ::> a.. ::t I- W _ """No:{ a: ~ ~ z 0 ~ .. ~ 0 0 0 0 <C W..--. 1-- W~ ~ Ü Ü Ü CC Q. !;(:æ:o LL ~ ~ CC LL N\ O¡:::M 0 ~ ~ ~ o(/) ~ ~ Z 0: I- ZZ :::J <.9<.9~ 0 C> W LL 00 -I zzN -w 0 LL 0 -- O zz~ ~ü 0:0 ~o wO ~~ ~ ..- WW~ (/) ~~ a..W (/)W ...JW ~ü Z _ ~ a.. a.. ° ~ Q;a.. ç~ B~ 5~ Q;iL W ~ <C oo:;t: 0 LLæ w~ z~ w~ LL::::í ~ t5 O 000 z Zo LLCC wcc :r:cc Z~ ..::; --- W o~::> 0:::> ü::> 0::> 0 [Q a:I a:(D > ü ~ (/) (/) I- (/) (/) (/) ü 0 ü CONTRACT THIS AGREEMENT, made and entered into this 11th ~of AU~J]st, A.D. 2004, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and SF:ABF:F: Bun ,DF:RS, INC a Florida Corporation (--L) Check One a Florida General Partnership ~ a Florida Limited Partnership ~ a Sole Proprietor ~ hereinafter called "CONTRACTOR". WIlNESSETII That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of $108,820.00 submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated .July 22, 2004, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: BOAT CLUB PARK - RESTROOMS AND PIER RENOVATIONS Bid Number: 074-2413-04/JA City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $108,820.00. C - 1 . ----- ,_.--.-,- . -- ~-.~-~-",-,,"_.......------~~~-~ ~...~~-~._=_._...., - ---.... --- .._'*_-___d_~~",_.___~o .,_.__ ____~ . ,- - - ">---"<-~', 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shan be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. C-2 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shaIl satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shaIl be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR wiU be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 2ft calendar days following the commencement date as specified in same. C - 3 --"'-'-'-'~""""'-_....__._=-_.---~-"--~-~-,".~----~--- ,,- 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the General Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ an that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $2ßß.ßß per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 2D calendar days from the commencement date to be indicated in the written ''Notice to Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of an excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including an expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. C-4 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being perfonned under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be perfonned under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnifY and save hannless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the perfonnance of services under this Agreement. 6.2 CONTRACTOR shall indemnifY and save hannless and defend CITY, its agents, servants and employees ITom against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its perfonnance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct ITom the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. C - 5 ---_.~. --_.- -' ~---._-.- --"""-'-""'--",",,--,".~.~~---~- ,-=-....~--~--,~.--'"~._._~~- - ._.~.____..~r""_......A:_ <, ~ <_ -~ "'"~ _ -_"'H . -.- y--.~~~_.,,~-. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained ITom the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. C -6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the foJIowing procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (l 5) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shaH provide for the identification, accumulation and segregation of allowable and unaHowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is FederaHy or State assisted, the CONTRACTOR'S attention IS directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. C-7 -~~--~- ...--. ._-.....................~--"'" -~---,~-~--"_.---.. -.... 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, mnge benefits, direct overhead, materials, supplies, equipment and directly related servIces supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical perfonnance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 9.0 PROJECT ENGINEER 9.1 The project engineer shall be Mike Flattery, One Harvard Circle. West Palm ßeaeh, JJ409 @ (561) 515-6577. 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agènt of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. C - 8 He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shaH use his power under the contract to enforce its faithful performance by both. 10.0 INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment "A". 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shaH take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shaH be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 11.0 GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. C -9 ..."-~ -- -'~_-_~:~_~___~~~J._ ~,.>-_¿ ,0 ___-__~ ___~_ _v--.-_ _=->__~~_'" ,_ - - ,-.<~~-~-_._,-=~----",.~,_-_~ 0-'" 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. C - 10 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shan supersede an other documents and shall be controlling. 14.0 TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held. responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shaH be made in accordance with the General Conditions for Construction. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shaH include but shaH not be limited to the architect, project manager and consulting engineers. C-ll -~---~.- <_....--.,,--- ~~_......__""'._,......,.~->..~" ~ _.___,_.._~,___. A,.".,'....~~~,__ ~_=_ ---,~ ~"'~_~_'--'o-_ _ ~h~~__~_<.~_ .~_-_ IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to F onn: City Clerk City Attorney Signed, sealed and witnessed SEABEE BUILDERS, INC. in the presence of: President or the Vice President Attest as to Contractor C -12 State of Florida ) ) ss: County of Palm Beach ) On this day of , 20_, personally appeared before me duly authorized to administer oaths to me kno\\-TI to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 05/04/01 ktr C-I3 ------ -----_~O~~________~·_______~'~_.~_b.. ~--"~"~~- ~ ~ _,_~________ --0 ___.:_~'~."_"'.E. _.__~,_,____,"__,~'-o VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.l AGENDA ITEM REQUEST FOR~L¡ AUG -2 PM 5= 03 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 o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 [8] August 17,2004 (Noon) August 2,2004 o October 19,2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 0 September 21, 2004 (Noon) September 7,2004 o November 16,2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF [8] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve negotiated renewal benefits and premiums for 2004-2005 Health Insurance coverage with Blue Cross/Blue Shield of Florida, MetLife Dental, and VisionCare, a prepaid vision benefit plan. EXPLANATION: This is the annual renewal of the employee health insurance program. The renewal consists ofa 6.4% increase in the total cost of medical insurance benefits to the City. This recommendation was reached after extensive negotiations with the insurance carriers and discussions with the City's Insurance Committee. The recommended plan uses the dollar savings trom adjusting the HMO prescription drug coverage and PPO deductibles. For the HMO, the prescription drug coverage changes trom $5generic/$1 0 brand coverage to a $5 generic/$15 preferred/$30 brand coverage. For the PPO, the deductible increases trom $200 to $300, but maintain a $600 family maximum. These cost changes are equitable shifts in cost coverage for employees across both plans. Using the savings generated trom these changes, the insurance committee is recommending that the City modify the existing dental insurance coverage, as outlined in Exhibit D, as well as modify the dental eligibility period trom 365 days to 30 days. The intent of these changes is to update the dental benefit program to make it current with market benefits. The dental plan has not been updated since its inception. In addition to the dental plan modifications, the committee is also recommending adding the VisionCare benefit plan. The recommended plan will afford employees, and their families if interested, vision care coverage as defined in Exhibit E. This is a highly requested benefit that the committee feels is important to the health and welfare of our employees. The attached survey data shows the scope and value of the City's existing benefits as compared to other local agencies (Exhibit A), a cost comparison including the current and proposed negotiated medical and dental insurance coverage with Blue Cross and Blue Shield of Florida MetLife (Exhibit B) with a payroll deduction comparison (Exhibit C), a comparison of the existing and recommended dental benefits (Exhibit D), and an overview of the recommended VisionCare benefit plan (Exhibit E). PROGRAM IMPACT: All full time employees, except as noted below, are eligible to participate in one of the City's two medical insurance plans, both provided by Blue Cross and Blue Shield of Florida, the City's dental insurance plan provided by MetLife, and the City's vision plan benefit provider, VisionCare. The City pays the full premiums for the employee; the employee pays the full premiums for any dependents they cover. Employees will benefit trom improved dental benefits and the addition of a vision care benefit. The City will benefit in a reduced medical insurance premium based upon modifications to the HMO prescription drug benefit and the PPO deductible. This agenda item addresses only the City's cost for covering S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM the currently eligible 805 employees. The final contracts will be submitted to the Commission for approval before the effective date of October 1,2004. The recommended changes are within the stated requirements for the NCF&O contracts. We have received a written response to the proposed changes from the IAFF stating that they do not intend to enter into collective bargaining proceedings at this time over the submitted increases, however they do reserve the right to negotiate the impact of the changes in the future when formal collective bargaining proceedings commence. The PBA has not agreed to these changes at this time, as they are actively involved in collective bargaining. As the City has not received the written consent of the PBA bargaining units, the City has requested bifurcated coverage from Blue Cross B]ue Shield and Met Life. The carriers have reluctantly agreed to this modification, which maintains the current coverage at the full 6.9% increase for medical and 4.7% increase for dental rates with no improvements in coverage. This modification does not substantially affect the City's total cost of coverage. FISCAL IMP ACT: · The City's cost for Medical Coverage: $3,387,762/yr for all employee coverage ($4208.40/per employee, per year) $ 238,698/yr for Pooling Charge ($125,000 stop loss point) · The City's cost for Dental Coverage: $335,184/yr for all employee coverage ($4] 6.38/per employee, per year) · The City's cost for Vision Care Coverage: $41 ,924/yr for all employee coverage ($493.22/per employee, per year) · The City's cost for reducing the dental eligibility period from 365 days to 30 days: $17,976.00 (based on an estimated 50 additional employees covered during this period) The consultants who provide comprehensive support to City staff are paid 2% of the annual premium through the provider, not from a City line item. Their services include negotiating the contract, conducting detailed review, analysis and projections at key points throughout the year, resolving enrollment and billing problems for individuals, conducting informational meetings for employees, assisting with annual open enrollment processes and other support services. AL TERNA TIVES: · Decrease the benefits in the current plans resulting in lower premiums · Split the blended rates in our current plans into separate rates for PPO and HMO requiring PPO participants to pay a portion of their individual premium ·~ored plan · Consider a voucher plan and elimin · Go out to bid , . ~<e -- i 1 ( City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC ....~. _ '_~-"'-"""""'__-.....__...b,"._____.___ . .~__~___,.-,_. -"---<--""-",~--'-<-"",-<,,. -"'-~_._~.. ...- -._--~,-~_. 1 2 RESOLUTION NO. R04- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING 7 NEGOTIATED RENEWAL BENEFITS AND 8 PREMIUMS FOR 2004-2005 HEALTH INSURANCE 9 COVERAGE WITH BLUE CROSS/BLUE SHIELD OF 10 FLORIDA, METLIFE DENTAL, AND VISIONCARE, A 11 PREP AID VISION BENEFIT PLAN; AND PROVIDING 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, upon 16 recommendation of staff, deems it to be in the best interests of the residents and citizens 17 of the City of Boynton Beach to approve the negotiated renewal benefits and premiums 18 for 2004-2005 health insurance coverage with Blue Cross/Blue Shield of Florida, 19 MetLife Dental, and VisionCare a prepaid vision benefit plan, for all city employees, 20 with the exception of the members of the Police Benevolent Association. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and 24 incorporated herein by this reference. 25 Section 2. Upon recommendation of staff, the City Commission of the City 26 of Boynton Beach, Florida does hereby approve the negotiated renewal benefits and 27 premiums for 2004-2005 Health Insurance coverage with Blue Cross/Blue Shield of 28 Florida, MetLife Dental, and VisionCare, a prepaid vision benefit plan, as outlined in 29 the attached Exhibits A through E. 30 Section 3. That this Resolution shall become effective immediately upon , , 1 passage. 2 PASSED AND ADOPTED this _ day of August, 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 A TIEST: 21 22 23 City Clerk 24 25 26 (Corporate Seal) 27 28 29 CAlreso/agreementslNegotiated Renewal Health Benefits 04-05 ._ ~_~__~__~._L - ~_.- --~-----~_._'--~-'-<-~~---~---'. --_._--_.---~---. 2004-2005 Health Insurance Renewal Exhibit A U) Q) 0) ro Q « ... 0 ~ <:> Z Ë <:> <:> <:> ~ 0 ::< <:> ~ :; :; :;: ., C> Õ x ë ... 0> ::J C> « C> z 0 <:> C> C> <:> ~ ::< ci <:> 0 ~ C> :; :; ... '" <:> Õ X C> ... '" Ñ ... ... ... '" 0 ~ C> m Õ ::< Ë '" on '" <:> 0 ... '" m ~ x ë ... ... ... ... ::J .. .., c 0 $ c> .. Ë C> c> <:> E ::< c> :; :; ... '" ::J ~ x ë ... ... X ::J « .., ¿ 0 :! <:> '" Z Ë <:> <:> '" 0 en C> ::< <:> ëi Õ ~ x :; :; :;: :;: s:: !:: ë iE ::J Q) C U. 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" "- Z z CI c '" u. cr Q. r u__ ___"___~_._ _""_....._,...,,_k_ ~<_.-._~--- ~_.---~-~.~--~-,~---." p-- 2004-2005 Healtb Insurance Renewal Exhibit B "" CD T""" LO V 0 0 0 CO RS - CJ CO 0 N yt yt yt V - s:: T""" 0> 0> <.0 0 CD - yt 0 "" 0> f"'- T""" I CD 0> LO V ~ yt yt yt I I 0 s::: ns - T""" 0 V 0 0 0 LO 0.. "C_ LO <.0 N 0 0 0 C") CD RS V T""" 0> 0 N V T""" "C "C~en~ <.0 - CJ) S::CDEo C") T""" CO LO <.0 T""" N LO V 0 T""" T""" <.0 "C CDs::~o <.0 C") yt T""" T""" T""" C") s::: E CD .- C\I yt yt yt yt Eo:::E;:: C") v CJ) yt yt E os::fõ (')RS~-- ::I: E (1)- - 0 0 o:::~ « (.) w CJ) CO 0::: z tn N LO 0 0 0 0 f"'- C") LO yt 0 0 0 CO 0 > s:: _ <.0 N 0 N V v tn RS_en~ LO LO CO LO <.0 0 ~ -RSEo s::: ~~~o N 0> 0 T""" T""" <.0 Z ns ë CD .- C\I f"'- N T""" T""" T""" C") > - CDs::E;:: C") yt yt yt yt V 0 0.. ""CD CD- yt yt ..... ""0:::...0 CO s::: ~ ~-- u. CJ) o - ... 0 ... ~ > 0 ~ . . f"'- co 0 0 0 0 LO - ..... 0 tn c: 0 f"'- yt 0 0 0 CO 0 RS en- T""" C") 0 N V 0 0 _-EM V T""" CO LO <.0 LO ~C 0 CO CO 0 T""" T""" 0 ... (I)~O V N T""" T""" T""" T""" ë ... .- C\I CJ) ... E - C") yt yt yt yt V ~ (I) ~ -- yt yt 0 t:ofõ - ~ ~-- Q. o - E w s:: CJ 0 - RS en ; c.¡¡:: s:: RS C. CJ RS .c 0 ~ CD .- - 0 - - - RS o C s:: "C s:: .- ~ ~ 0 (I) en - "'CD..! CD .... 0 C)m~ :E 0 :> ..J :J ..J l- ._ ~~__._____.___~"~~~___.__. ._~___,_~,__~. _~,--o . -' ---~.. -,-~-----<--~.~~-_.- · 2004-2005 Health Insurance Renewal Exhibit C 'UUt/t &t4«'Uutæ . tiðltJ .., CITY OF BOYNTON BEACH PAYROLL DEDUCTION COMPARISON EFFECTIVE 10/1/2004 CURRENT PLANS CURRENT PLANS AL TERNA TE PLANS TYPE COVERAGE (#) CURRENT RATES RENEWAL RATES RENEWAL RATES PER PAY PERIOD $ 0 $ 0 $ 0 $180.54 $192.89 $191.51 Emplo ee/Child(ren 73) $155.66 $166.27 $165.59 Emp.lSpouse/Child(ren) (147) $231.19 $247.06 $244.26 PER MONTH $ 0 $ 0 $ 0 $391.17 $417.93 $414.92 $337.17 $360.25 $358.78 Emp.lSpouse/Child(ren) (147) $500.91 $535.30 $529.23 PER YEAR $ 0 $ 0 $ 0 $4,694 $5,015 $4979 $4,047 $4,323 $4,305 Emp.lSpouse/Child(ren) (147) $6,011 $6,424 $6,351 Note: Includes Blue Cross Medical and MetLife Dental ~ ... ,....A~___~._,_· . -- ~-~~""'''''''''_._.~--..,..-<--,<-,~~.~-~''~-~-"=",",,-..~.=- __~.c_,__ -_~___ __-__, ->~'.' _,_~ -__~_,_> 2004-2005 Health Insurance Renewal Exhibit D ð«p ~U<J«'UUtU~t¿ð#4' '"' CITY OF BOYNTON BEACH DENTAL OPTIONS 10/1/2004 Benefits Current Alternate Plan Plan In·Network Plan Deductible $25/100 $25/$100 Desi n: (subject to (Type B & C) (Type B & C) dad Coinsurance: Type A 100% 100% Type B 90% 90% Type C 50% Type 0 50% Annual Max $1,000 Ortho Max $750 Child sealants no to 19 Out-of-Network Deductible $25/100 $25/100 Plan Desi n: (subject to (Type B & C) ded Coinsurance: Type A 100% Type B 70% 70% Type C 50% 50% Type 0 50% 50% Annual Max $1,000 ~~~/~¡ Ortho Max $750 ~ ,~- - ~ :" Child sealants no - - - - "' ' - ~ to 19 _ . w_"_ . _ __... '.' $ Total Premium $461,585 $530,823 $ Change Total $20,718 $89,956 $ Employer Cost $295,255 $335,184 $ Change Employer $11,948 $39,929 % Increase 4.7% 20.4% Single Rate (monthly) $26.05 $29.96 Family Rate (monthly) $72.88 $83.81 Single EE Mo. Cost $ 0 $ 0 Family EE Mo. Cost $39.83 $46.85 ___~______._~. _ ___~_._~__~__>~_..~~~____ __~_ -__","_~_e~_"'-_"'.__~_"'.'-'-~""" .-- - - -. ........- ..~-....._._ ,~-___=_ _,_= ,,_____t· ~--~~ ""~-~ ¡ 2004-2005 Health Insurance Renewal Exhibit E JOIN THE tJf)COMPBENEFITS FAMIL Y Monthly rates for: City of Boynton Beach -, \lIsionCare Plan offers you and your family a benefit Effective date: October 1, 2004 that covers all routine eye care, including eye exams Employee $4.34 and eyeglasses (lenses and frames) or contacts. The Employee + Family $18.82 plan features: . In-network and out-of-network benefits Exam Plus means if you prefer contacts Combo . you get your exam plus an allowance for contacts in place of lenses and frames. Exam every 12 months Lenses every 12 months Frequently Asked Questions Frames every 24 months How does the plan work? The plan is easy to use! 1. Obtain a Benefit Form from CompBenefits by calling our Member Services Department (number listed below) or from our website at www.visioncare.com. 2. CompBenefits will send you a personalized Benefit Fonn that oullines your benefits. along with a list of providers. Then schedule your appointment. }. Give the Benefit Fonn to the doctor during your first visit. You'll Eye Exam Paid in full $35 pay any copaymentsat that time as well. Lenses (per pair) , _" have nothing more to do! The doctor provides you with services Single Paid in full $25 md bills CompBenefits directly for the balance of your bill. Bifocal Paid in full $40 ;ince the plan is designed to meet your eye care needs, optional Trifocal Paid in full $60 Ipgrades (like frames costing more than the plan limits, progressive lenticular Paid in full $100 :mses. or contacts that are not medically necessary) will cost extra. Contact Lenses iowever; since all upgrades are on a wholesale basis, your cost will >e lower than what you would pay on your own. Elective $105'· $105- Vhat are the advantages of using a network provider? (fitting, follow-up & lenses) Medically necessary* Paid in full $210 >ur national netwo\1( of providers can provide you with one-stop Frame $40 wholesale $40 retail hopping. You get your eye exam and materials with nothing more lanyour copayment (cosmetic options will include additional Lasik- Members will receive ¡;t discount No benefit harges). if Services are rendered by a TlC Network provider andlhey will Ihat if I want to see a provider not in your network? pay no more than $18OO1eye. you prefer. you can visit a non-netwo\1( doctor. If you do. you win 3Y the doctor's regular charges and CompBenefits Will reimburse * Medically necessary (prior authorization requiied) is defined as 1) )U according to the plan's non-network benefit schedule. following cataract surgery wlo intraocular lens; 2) correction of extreme visual acuity problems not correctable with glasses; 3) ow can I get further questions answe,.ed? anisometropia greater than 5.00 diopters and asthenopia or diplopia, With spectacles; 4) Keratoconus; or 5) monocuIarapÞaJda and/or JU may contact the Member SefVices Department with any binocular aphåJöa where the doctor certifies confact ~ are lestions or concerns at 1-800-749-5855. M-F Bam - 6pm EST. medically necessary for safety and rehabilitation to a productive life. >cate us on the web at www.visioncare.com. " -If you prefer contact lenses. the plan provides ·an allowance for your contacts iristead of lenses and frames. The CompBenefits Family of Companies -*Plan members must first contact CompBenefits for a list of providers and to receive a Refractive Care ID card. CompDent . CompBenefits Insurance Company This schedule shows only a few of the covered procedures. Please see :¡rican Dental Plan, Ine. . American Dental Plan of North Carolina, loe. Oral Health SefVices. Inc. . National Dentàl Plans, Ine. your Benefit AdmíÌ1i;>trator for a complete sChedule. This schedule is Texas Dental Plans. Inc.· VisionCare. Inc. . VisionCare Plan intended for comparison purposes only. The benefits of each Pian will be Primary Plus . Ultimate Optical. Inc. determined by the contract For a complete listing of benefits and exclusions and limitations. please reference your certificate of coverage. - ~-----_._----~~,...~-~--------- -- -------_..~ -~------- .-- < -..-·_......~-o_~· VI.-CONSENT AGENDA . ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Conunission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned.!!! Meetinl!. Oates in to Citv Clerk's Offiœ Meetinl!. Dates to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1, 2004 0 Administrative 0 Development Plans ("") NATURE OF ~ Consent Agenda 0 New Business 0 ("")~ .~ ~-< AGENDA ITEM 0 Public Hearing 0 Legal ~ -~o ,-- 0"" 0 Bids 0 Unfinished Business G5 ;-- co , ~CI 0 Announcement 0 Presentation N :_>"J-< :;;<:;;r:. 0 City Manager's Report - -I, ~ of) c::> --~ ,.?-;Z - -t1 RECOMMENDATION: - ---:-I CD .- ..:.-~ Motion to approve and authorize signiDg of an Agreement for Water Service Outside the City Limits with Baiþlra ~h Claiborne for the property at 1019 S Ridge Road, Lake Wortb, Florida (Ridge Grove LT 27). :J; EXPLANATION: Tbe parcel covered by this agreement includes a single-family bome with cottage in rear, 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 neighborbood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for tbe service to this parcel. No additional construction will be required by the City to serve tbis property. FISCAL IMP ACT: None ~ ALT City Manager's Signature L/77L/l1E.s Department Name City Attorney I Finance I Human Resources XC: Dale Sugerman (wI copy of attachments) Peter Mazzella " Michael Rumpf. Planning & Zoning " Anthony Penn " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I II RESOLUTION NO. R04- 2Î 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND BARBARA CLAIBORNE; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the subject property is located at 1019 S. Ridge Road, Lake Worth, 12 Florida (Ridge Grove LT 27), outside of the City limits, but within our water and sewer 13 service area; and 14 WHEREAS, the parcel covered by this agreement includes a single-family home, 15 with cottage in rear, located in the San Castle/Ridge Grove project area; and 16 WHEREAS, only potable water is available for connection to the property at this 17 time due to recent water main improvements constructed by Palm Beach County as part of a 18 neighborhood improvement project;; and 19 WHEREAS, currently a water main exists on this street, allowing for service to this 20 parcel, and no additional construction will be required by the City to serve this property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon 25 adoption hereof. 26 Section 2. The City Manager is hereby authorized and directed to execute a 27 Water Service Agreement between the City of Boynton Beach, Florida Barbara Claiborne, 28 which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Water Service\Claibome Water Service Agr.doc -------~----_._-~,-----~. - ,-, ~----. ~_..,.,......._....._,,__..,..~_,..._...-.-_-_... _<---"",-"r~____' -_.__.:-____. - -.<_ ._ _<~·_____._.....___~·T'.oI-_ 1 PASSED AND ADOPTED this _ day of August, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 22 City Clerk 23 24 S:\CA\RESO\Agreements\Water Service\Claibome 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 AGREE~NC21ade on thi~~ day of . , 20~ by and between_ ~'Þc~ ~J.-A.. . , \~.. ~c~4 hereinafter ~alled 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 ofthe 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 I. If"'!. OEquivalent 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 1 -----------~-->-~~--~ .-- "'_~~____~,,_,...___>._ __0>_-'__.' _,'<_______~_~> .~~--. -h-' · . 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 perfonn the work necessary to confonn the lines or the City may have the work perfonned 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 perfonned, 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 rrom 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 behalfofthe 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 infonn 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 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. lt is agreed that the City shall have no liability in the event there is a reduction, impainnent or tennination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, 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, impainnent or tennination 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. II. 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) rrom 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 rrom the Customer's obligation under or perfonnance pursuant to this Agreement including disputes for breach of warranty 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. IN WITNESS WHEREOF, the parties hereto have set their hands and sealSthi~ay of :::3ù\'1 ' 200~. INDIVIDUAL(S) AS OWNER(S): ~ .-Jl~1 ---- Owner Signature ~~~ .~"-~ ~,Q\~'~ ~vr"p Printed Owner Name ~ 19na e . " 1?P~b-re'ftp-Þ1 S~ Printed Witness Name 3 ,-~""-" ""It --"" . . ~--~--.<.~~ --- ' - ~~----~<-~--",,---,-,,~ ._- ----..~,...~_.~--.. --,~---,-,--<-----",~---,,_,,:,-.--,~- -,------ - -~- ~ ~CÐ~/ - Owner Signature ~~'-~ ~a-~ ~ ,Q\~'. ~~ Printed Owner Name ~f~ 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 aforesaid in the County ~fOI:.esfl~d ,to take acknowledgments, personally appeared txJ'{ ~ 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, ~e individual w rsonally known to or provided the following proof of identification: ., d\Þ1SS m. y hand and of~itl seal in the County and Stat~'last aforesaid this ~ day of ,200_.u1 (No~:!j!;!U) _Do,. ~~ =~1·· ~~% MY COMMISSION # DD039711 EXPIRES '. ~'-..:~ July 10, 2005 . "1.¡~" BONOEDTHRul'MOn"'NIN'UQAHç¡,\~ Notary PublIc . WITNESS: 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 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 5 -------~------- "" ~_,._~,_......,.__'____"_'_ ___..ü-...~~~_.~~~ ~.................",-=........~_.-._~ ~------*....,. ~ - THIS INSTRUMENT PREPARED BY: James A. Cherof. esquire JosIas & Goren. P.A. 3099 East Commercial Blvd. Suite 200 Fllauderdaie. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF \) 0..\ ~ ~ IlWe~ ~~\ ~ ~ ~\Qo.......... b~ 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 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: . 00-43-LfS- -e;CJ¡ - O~-CJCJC) -- 02-70 . The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ q+-L- day of ..::I ,) t '-"I , 2O:Z::L and the powers and authority shall be irrevocable by \ Grantee. ~ -~ (j2)~~~ Owner Signature ~~~ ~~~ ~ ~Q\~'\~~t"~ Printed Owner Name 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 ) of ~\REGOING I~RUMENT w , 20 , by , who , as identi I ",.,.~t_';.f~~~ /4?¢···~tþ--;. Dana Davis ~~ È~ MY COMMISSION # D0039711 EXPIRES '~í-¥ '/t.i' July 10, 2005 . "lff,y:-'<"d'$o ~ONDED THRU TROY PAIN IHIU~.. \HC. Type or Print Name Commission No. My Commission Expires: POA.lND . ~___. __________.<.__«>_'""'""--_M__ - '--'-- -,....~~~~"'-...~<-"_..---=-~-~-.",-~,,-~._-,----- ..-"...~--~.~>~,...,..-. .,-- - -""'-~,,->... . ---. -. ""¡a ---. ........... . v....'" . ........ . v. v ~ VV" iiV''' I ilU," Ii1QU . --- . 0 . 1 in. = 104.4 feet O~ I ~70eJ )69eJ )68eJ )67CJ )66<J )66eJ 0630 )62eJ )61CJ 1J60eJ ~59( OS71 OS60 I I - BRiHI AU) R 01 0 :( 1030 )41C 0420 )44(J ~4S(J M6C 0470 0481 0491 p51(J OS20 )54C ~SSCJ I _ .~. [~ ~ R i! ~r 00 ~ ~~IA 1-__ '.' -' .. , ~:' - - -- 10S0 MOC )39( 0370 t)36C 0330 ~32CJ ~31CJ 0290 ~. 26C 00' S g.. )("~:R I OO! 1360 ~ )16(J 0170 )19CJ 0200 0220 ~24(J ~2SCJ fI"'I ícI 1561 ; 003 ~ ~ -- 1560 ~ - ~ - ~ t)15C 0130 ~12( 0100 0080 ~07CJ ~06( ~ Ð )OSC ~040 0020 b01CJ 6 ~ = . BD ..MINER i I . ~ ~ 0010 ~02~ ~O1( 0020 0010 D 0020 0010 0020 0030 0040 ~ 0030 0040 0030 0040 )03~ '04C = ~ ~O2. 0iC ¡ ~ [ ,", - Location Map - Exhibit "An - ) . . - , - - - - " ' ~ ~ ~l _ ~ - ,- . . - '"1 " . ,-1_~~____.'I Property Information Location Address: 1019 RIDGE RD - Municipality: UNINCORPORATED Parcel Control Number: 00-43-4S-09-08-000-0270 Subdivision: RIDGE GROVE IN Official Records Book: 14116 Page: 770 Sale Date: Aug-2002 Brief Legal Description: RIDGE GROVE LT 27 Full Leaal Description Owner Information Name: HEWITT SCOTT J Ii '-' Mailing Address: 1019 S RIDGE RD LAKE WORTH FL 33462 6137 Sales Information Sales Date Book Page Price Sale Type Owner ~ Aug-2002 14116 770 $10 QUIT CLAIM HEWITT SCOTT J Ii Jul-2002 13933 1779 $10 QUIT CLAIM HEWITT SCOTT J Ii May-2001 12613 338 $10 WARRANTY DEED GONGAWARE ANDREW F Ii Exemptions Jtwros - Full Homestead Exempt $25,000 Year of Exemption: 2004 Total: $25,000 Appraisals Tax Year: 2003 Tax Year 2003 Improvement Value: 5676 Number of Units: 2 Land Value: 1152 *Total Square Feet: 1176 Total Market Value: Use Code: 0100 * in residential properties may indicate living area. Tax Year: 2001 Assessed Value: $50 25 '-' Exemption Amount: $ Taxable Value: $50,25 Tax Values Tax Year: ~ Ad Valorem: >. .-," . Non Ad Valorem: ~ Total Tax: ~ - I~~"'<~'I Record Search I Information I Exemptions I Comrrn.!!}j!y: I Employmen! I New Home Buy~ I Office Locations hüp:/Iwww.co. palm-beach.fl. uslpapa/aspx/web/detail ~info.aspx?p _ entity=00434 50908000... 7/23/2004 --_.~--<~-~~~-~"---""~. ____,_<"'~_~~.h..~__~___.._~~~_.~~~~_~ _.y>_~._ _ ·-A'_ THIS INSTRUMENT PREPARED BY AND RETURN TO; Tammy L. Gindel UNITED Tm.E lAND SERVICES, INC. 1850 Forest Hill Boulevard West Palm Beach, Florida 33406 Property Appraisefs Parcel IdentifICation (Fo60) Numbers: 0O-43-45-09-o8-~Oo-0270 Grantee SS I: SPACE ABOIIE THIS UNE FOR RECORDING DATA THIS WARRANTY DEED, made the 22nd day of July, A.D. 2004 by SCOTT J. HEWITT, A SINGLE MAN, and DEAN C. MARTIN, A SINGLE MAN, herein called the grantors, to BARBARA A. CLAIBORNE whose post offICe address Is 1019 SOUTH RIDGE ROAD, LAKE WORTH, FLORIDA 33462, hereinafter called the Grantee; (Wh.rn.r used herein the term. -granlor· and -grant..- include .an the partl.. 10 this In.trumant and the hetr., lega' '.pr....nlaUv.. and assigns of individuals, and the succes.or. and assigns or corporations) W I TN E SSE T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other vaklable considerations, receipt whereof Is hetaby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and conmns unto the grantee aU that certai1 land duate in PALM BEACH County, State of Florida, viz: LOT 27, RIDGE GROVE, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 22, PAGE 8. Subject to easements, restrictions and reservations of record and to taxes for the year 2004 and thereafter. TOGETHER, wnh aU the tenements, hereditaments and appurtenances thereto belonging or in anywise appertai1ing. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantors hereby covenant with said grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same again$t the lawful claims of aD persons whomsoever; and that said land Is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year fIrSt above written. L.S. ~_(I__ilJk,L L.S. C. MARTIN 1019 SOUTH RIDGE ROAD, lAKE WORTH, FlORIDA 33462 STATE OF FLORIDA COUNTY OF PALM BEACH The tofegoing i1strument was acknowledged before me this 22nd day of July, 2004 by SCOTT J. HEWITT and DEAN C. MARllN wh:~onaØy known to me or have produced \)~. d f ~ ~ <t:]~. as rn:~Q , . - j Notal)' Signature £'j \ CC)(}è,\\t~ \( ^\~V\ My Commission Expi'es: ..Q,~T.~~~ GARIl YNH ATCHlEY Printed Notal)' S ature \ * ~ . MY ~ISSK)N, DO 239726 ~, EXPIRES: Sepl., 22. 2007 "'f':f"~fl.~ Bondtdnn.8udgelNoLwySM-ìces . FI."'~ I A. SETTLEMENT STATEMENT u.s. Department of Housing and Urtian Development OMB No. 2502'()265 B. Tvpe of Loan L - FHA 2. - I=mHA. 3. l Cony, Unlns_ 16. FB. Numb., /7, l;:0::::9 /6, Mu".... "'u'''co ",.. Numb.. 4. - VA S. - Cony_ Ins_ 24·20205 C. NOTE: This lorm is furnished to give you a statement 01 actual settlement costs. Amounts paid to and by the settlement agent are 'shown. Items marked (P.O. C.) were paid outsWe Ihe c!os"g; they are shown here for .,fonnation purposes and are not incbded in the totals. D. Name and Address of BOITower E. Name and Address 01 Seller F. Name and Address 01 Lender . BARBARA A. CWBORNE SCOTT J. HEWITT BANK OF AllERI CA DEAN C. HARTl N 1019 SOUTH RIDGE ROAD 830 CENTRAl AVE ¡ lAKE WORTH. FLORIDA 33462 1019 SOOTH RI DGE ROAD ST. PffiRSllURG Fl 33701 lAKE WORTH. flORIDA 33462 G. Property Location H. ~t Agent , UNITED TITLE LAND SERVICES, INC. 1019 SOUTH RIDGE ROAD lAKE WORTH. flORIDA 33462 Place 01 Settlement I. Settlement 1850 Forest Hin Boulevard Date Sui te 103 07122/04 \lest Pala Beach. Florida 33406 DO: rrT /22/04 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELlER'S TRANSACTION: 100. GrosS Amount Due From Borrower 400. Gross Amount Due To Seller 101. ConlraCI sales price 135.000.00 401. Contract sales price 135.000.00 102. Personal property . 402. Personal prooerty 103. Settlement charges to borrower (line 1400) 4.533.96 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. Cityllown taxes to 406. Cityllown taxes to 107. County taxes to 407. County taxes to 108. Assessments 10 408. Assessmenls to 109. SWA 7/22/04 TO 10101/04 63.86 409. SWA 7/22/04 TO 10/01/04 63.p' 110. 410. 111. 411, 112. 412- 120. GROSS AMOUNT DUE FROM BORROWER 139.597.82 420. GROSS AMOUNT DUE TO SEllER 135.063.86 200. Amounts Paid By or in Behalf ot Borrower 500. Reductions In Amount Due To Seller 201. Deposkor earnest money 5,000.00 501. Excess Deposft (see insll\Jctions) 202. PrincÍDal amount 01 new Iollnls\ 108,1100.00 502. Settlement charges to seier (line 1400) 4.923.80 203. Existìng Ioan(s) IIIken subject to 503. Existìnll Ioan(s) taken subject 10 204. 504. Payoff of first mortgage loan 75.280.99 WElts FAAOO IDlE MORTGAGE 205. 505. Pavoff 01 second mortgage loan 206. 506. 207. 5(J1. 208. 508. 209. 509. . Adjustments for items unpaid bv seller Adjustments for items unPaid by seller 210. Cityftown taxes to 510. 'Cityllown taxes to 211; County taxes 01101 to 07/22 421.40 511. County taxes 01101 to fJ1/22 421.40 212. Assessments 10 512. Assessments to 213. 513. 214. . 514. 215- 515. 216. 516. 217. 517. 218. 518. 219. 519. , !. 220. TOTAl PAID BY/FOR BORROWER 113.421.40 520. TOTAl REDUCTION AMOUNT DUE SEllER 80.626.19 300. Cash At SetUement From or To Borrower 600. Cash At Settlement To or From SeHer 301. Gross amount due trom borrower (line 120) 139.597.82 601. Gross llmount due to seier (line 420\ 135.063.86 302. less amounts paid by/for borrower (line 220) 113.421.40 602. less reduction amount due seller (line 520) 80.626.19 303. CASH FROM BORROWER 26.176.42 603. CASH TO SEU£R 54.4-'- I ............... ""''''6 _.. ...rE: ....... RESPA. HB 4305.2 - Œ\I. H\!t)-\ l~&'\ - -~- --~_~_______M_. ~___ ~"__ .- ~._~. oJEP ARTMENT OF HOUSING AND URBAN DEVElOPMENT SETTlEMENT STATEMENT PAGE 2 ;t..: SETTLEMENT CHARGES: FILE #: 24..20205 PAID FROM PAID FROM 700. TOTAl SALESIBROKER'S COMMISSION based on price $ @ = BORROWER'S SELlER'S Division of commission '&1e 700) as follows: FUNDS AT FUNDS AT 701. $ to SETTlEMENT SETTLEMENT 702. $ to 703. Commission paid at Settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH lOAN P.O.C. Items 8Ot. Loan Origination Fee 1% BANK OF AMERICA 1,080.00 802. Loan Discount % BANK OF ÞŒRlCA 84.24 803.. AooraiSaJ Fee to IDIEFOCUS SERVICES. llC 2488 804. Crad' Report to EXPERIAH .80B 805. lender's Insoection Fee to , 806. Mtg. Ins.~atiort Fee to " 807. Assumotlon Fee to 808. LENDER eLOSIIG FEE BANK OF ÞŒRlCA 500.00 809. TAX SERVICE FEE IDIEFOCUS TAX SERVICES. lle 75.00 810. flOOD CERT FEE TRANSAHERICA flOOD HAZARD CERT 11.00 ,811. 812- 813. 814. 815- 900. ITEMS REQUIRED BY lENDER TO BE PAID IN ADVANCE 901. Interest 110m 07122104 to 08101/04 @$ 17.01 lday 10 Days 170.10 902. Mort"""" Insurance Premium for to 903. H~d Insurance PremÍJm for ws to 904. 905. 100D. RESERVES DEPOSITED WITH lENDER FOR 1001. Hazard Insurance 3 moo.@$ 59.75 'mo. 179.25 1002. Mo~ 'lnsurance moo.@$ Imo. 1003. Citv ~- taxes moo.@$ 'mo. 1004. COIIII taxes 11 mo.@$ 88.54 'mo. 973.9 100s. Annual Assessments mo.@$ hnoo. 1006. WINOSTORH INS. 3 mo.@$ 110.17 'mo. 330.51 1007. moo.@$ lmo. 1008. AGGÆGATE ACCOUNTING ADJUSTMENT . - -679.78 1100. TITLE CHARGES . 1101. Settlement or cIosinalee to United Titl~ land Services. Inc. 125.00 125.00 1102. Absltact or title seaæh to United Titl~ land Services. Inc. 125.00 1109. Tille examination to United Titl~ land S~rvices. Inc. 75.00 'I 104. Tille inSurance binder , to 1105. Document preparation to 1106. Notary lees to 1107. Alto........s lees to ~des abOYe items No: ) 1108. Tille ÌJswance to United Titl~ land Services, Inc. 395.00 750.00 (Inc~ above item!; No: '\ 1109. lender's Coverll<l& $ 108.000.00 395.00 incl 25 Risk Pr.. 1110. Owner's coverage $: 135.000.00 ........ 750.00 . 1111. ALTA 6. 8.1IR5O United Titl ~ land Services. Inc. 70.00 1112. Fl FOAM 9 United Title land Services, Inc. 100.00 1113. eOUUER FEE United Title land Services. Inc, 30.00 30.00 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES . 1201. Recorcf_ lees Deed $ 10.60 ; Moria.."" '$ 240.10 ; Releases $ 250.70 1202. Cty/counly/slatnps Deed $ ; Mor1g&ge $ 1203. State 1ID!IstamoS Deed $ 945.00 ; MOftoA"" $ 378.00 378.00 . 945.00 1204. Intangible Tax . 216.011 1205. RElEASE FEE TO lIIIlID TITlE . 25.00 1300. ADDITIONAl SETTLEMENT CHARGES 1301. Swvev to lAtIITECH SlRVEYlIG 245.00 1302. Pe\lt ÌIS"""'io.' to 1303. WATER cotIIECTIOH 11£ CITY OF BOYNTOH BEACH 2.473.80 1304. aHiECr WATER METER BOB BROa(S PlU4811«i 375.00 1305. I3\);. 1307. 1308. 1400. TOTAl SETTLEMENT CHARGES (enter on &1es 103 and 502, SectfonsJ and K) 4.533.91 4.923.80 :noN OF THE TA)CI;S IS NEc:ES8AR'f WtEN TtE TAX BILlS FOR 2001 APE. PfÐ"" I ba eareluly rmewltd the HUD-1 s.ttlem...' Slatement .and to the bNt of my .m mad. o. my aceo._ OJ by m. In ... tfans~ctloft. I furu..r cerUIJ that t Y" .w" " 0&.. WARHtNO: It is a 'Cllme 10 knowlngty make tit.. .'.'em to the UnIIH St4"" 011 rtJ. or an,. alii.,. slrn&v form. p.n..u.. upon convlc1ion Call Include a .. and imprfaonmeftL For dMaa.- ...: Th.. 11 U.5. Cod. S.cdon 1001 and Seedon 1010. ---# ---. # -- ...... OC"C'Q" we .."""e- ~ DC\I Ulln-1 1"1101::\ Oeo..ÞI jý~". ló('7 f ¡!\~~ ~ l~~kL h :J J $161.- TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS (SINGLE F AMIL Y HOMES) FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please sign the agreement (on p. 3) and the Power of Attorney form 2. Have your signatures witnessed and notarized 3. Attach a survey and legal description (LABELED EXHIBIT A), or provide the property control number. 4. Provide the name and address information requested below. 5. Return all documents to this office. NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION MEETING. THE TIME SCHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION MEETINGS. (THE COMMISSION MEETS ON THE 1 ST AND 3RD TUESDAY OF EVERY MONTH) Sincerely Peter V. Mazzella OOrg©rgOW~[þ) Deputy Director of Utilities JUl 2 3 2004 Owner Information BOYNTON BEACH UTILITIES Owner'sN~~~ ~\~:~o'\~ Mailing Address: _P () \:b ù.x: ~<Of) l..o..\ LD Wa.--\-,", f:l- ~'byG,ò No. & Street City State Zip Code Telephone No. sCot. ~~:2. 8<1r~ Property Information: Address: -3'0 \ ~ s.otM- Q. &<2- \(&, Lo..~o.,^~ Fl 334 <.02- No. & Street \ City State Zip Code Property Control Number (PCN) ()() L ~ Lf S- 0 q CJ8 {)ÒÙ 0.2/ D "----.- ~--- - -<------~,-----~----- --' --.- -- - ~< VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office .-.J August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 IZI August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21,2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans -.:::> " .;:- 2=1 NATURE OF ~ Consent Agenda 0 New Business .:Do. ---1--< AGENDA ITEM 0 c::: --(0 0 Public Hearing Legal G") .:-, ....,., 0 0 , '-,.,Q) Bids Unfmished Business I'V '0 ,0-< 0 Announcement 0 Presentation J:a '~~:::2: 3: U)-{ 0 City Manager's Report - Q - ü:z: .. -r¡ RECOMMENDATION: t--.) ""11 Q:¡ ¿Sf"T1 a ~ Approve raising fees for annual permits at the Tennis Center, by 5%, effective October I, 2004: .F"T¡c-, Single Resident from $240 to $252 :J: Family Resident from $360 to $378 Single Non Resident from $430 to $452 Family Non Resident from $600 to $630 In addition, a new seasonal permit for non-residents (valid from October I - May 15) will be also available: Single Non-Resident: $300 Family Non-Resident $420 Accordingly, this will require the modification of the Fee Schedule in the Recreation & Parks Department Revenue Policy Manual per exhibit "A" (attached). EXPLANATION: Despite this recommendation, fees at the Tennis Center are still below comparable public facilities. However, we project that the conservative increase in fees will not negatively impact participation, which should result in additional revenue. PROGRAM IMP ACT: Despite the increase, our permit fees will still be lower than similar public facilities in Delray Beach and Wellington. A comparative analysis is attached (exhibit "B"). FISCAL IMP ACT: Raising fees will assist in recovering a greater percentage of operational costs. ALTERNATIVES: Increase permit fees less then recommended, do not raise fees, or eliminate permit fees and institute a pay as you play system. ~s¡~~ - Dep Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING AN INCREASE 5 IN ANNUAL PERMITS FEES AT THE TENNIS 6 CENTER AND CREATING A NEW SEASONAL 7 PERMIT FOR NON-RESIDENTS, COMMENCING 8 IN FISCAL YEAR 2004/05; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, it is the intent of the Recreation & Parks Department to closely 12 examine the delivery of its services, and restructure certain programs to become self- 13 supporting; and 14 \VHEREAS, staff has conducted a comparable analysis of neighboring 15 communities and has recommended an increase in annual permits fees, commencing in 16 fiscal year 2004/05, which increase will generate additional monies to cover a greater 17 percentage of operational costs and significantly reduce the City's subsidy of this 18 operation; and 19 WHEREAS, it is the recommendation of staff to create a new seasonal permit for 20 non-residents, which will be valid from October 1 through May 15th; and 21 WHEREAS, upon recommendation of staff, the City Commission has deemed it 22 appropriate to approve raising fees for annual permits, as well as to create a new seasonal 23 permit for non-residents, and amend the Recreation & Park Department Revenue Policy 24 Manual to reflect these changes. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 Section 1. Each Whereas clause set forth above is hereby ratified as being true 28 and correct and incorporated herein by this reference; 29 Section 2. The City Commission of the City of Boynton Beach, Florida, :\CA\RESO\04-05 tennis fees.doc ',' ~"""'-_. -~~--~.-- -- ,"'_.~~~,~.,~--~... ~,---,._.~_..--~-------~---~~---...~~--<.~---- . - .- ----~~-=~--~~. ,"<_'or. <_1_ 1 authorizing an increase in annual pennits, and creating a new seasonal pennit for non- 2 residents commencing with fiscal year 2004/05, and amend the Recreation & Park 3 Department Revenue Policy Manual as reflected on the attached Exhibit "A". 4 Section 3. This Resolution shall take effect immediately upon passage. 5 PASSED AND ADOPTED this _ day of August, 2004. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 S:\CA\RESO\04-oS tennis fees. doc . EXHIBIT A Recreation & Parks Department Revenue Policy Manual Non-Resident Fee Resident Fee Date Commission Approved Camps 10/03 (includes field trip fees; 1, 4 or 8 week $113 - $625 $90 - $500 spring break, summer and holiday camps) Afternoon Recreation Programs (monthly) $62 - $156 $50 - $125 12/00 Self ImprovemenUCommunity Interest $18 - $94 $15 - $75 12/00 Classes (ex: language, music lessons, computer classes) Tennis Center Permits AdulUlndividual $4ðQ452 ~252 0910308/04 I Family $ê00030 $ðê0378 WIOð08/04 Junior (17 & under) $ 55 $ 25 09/93 Seasonal Permit (valid 10/1-5/15): SinQle $300 Family $420 *T ripsff oursffraveI $ varies (actual cost öf trip + 15% administrative and promotion charge = TRIP FEE) *Same fee for all participants since Boynton Beach facilities are not being used. **Programs at Caloosa Park - no fee differential since Boynton Beach facilities are not being used. ***Fees charged for grant-funded programs may fall below the fee ranges listed above. Page 19 of 26 ----~--.--,,~-~.""'~.-~>---~~.-',----..,~----~-;.-""'------,~- .<---- --,~~'.--.-.-----~- ~--,---.~=^""""-~-- ~-~~-----'-"'---~~-.". - ~ ~_.c_~'"=.._~ .____,~~,þ_> EXHIBIT "B" TENNIS CENTERS FEE COMPARISON FACILITY DESCRIPTION Boynton Beach 17 har-tm (soft) and 4 composite (hard) courts, all lighted, pro shop, locker room facilities Delray Beach 14 clay and 7 hard courts, 19 lighted courts, pro shop, locker room facilities, stadium. 24 soft courts at Bath and Tennis club (Lavers) Wellington 16 har-tru courts, all lighted, pro shop, locker room facilities FEE SCHEDULE Boynton Beach Delray Beach Wellington (proposed for (2003-04) (2003-04) FY 2004-05) does not include tax Single Resident $252 $302 $385 $330 (Sf. 55+yr.old) Family Resident $378 $456 $550 $495 (Sf. 55+yr.old) Single Non Res. $452 $525 $555 $500 (Sf. 55+yr.old) Family Non Res $630 $715 $825 $700 (Sf. 55+yr.old) ______·_~_,__<__~~u ~~ -__ ___ ._ _.. -_.'~.'~--"'_____"'~-=-___"'~<>_'_""'",",__"-~-_>< _..,.,. --f- VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.)July 19,2004 D October 5, 2004 (Noon) September 20,2004 [g) August 17,2004 (Noon) August 2,2004 D October ]9, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August] 6, 2004 D November 3, 2004 (Noon) October] 8, 2004 Ç) C> C") -t o September 2], 2004 D November 16, 2004 ,-- =i-< (Noon) September 7, 2004 (Noon) November I, ~4 -<0 c= C")"TI G,) , ¡--ro r-r;, (.:.J 0 Administrative D Development Plans N ~-~·2 -< ---~~ ;= NATURE OF [g) Consent Agenda D New Business -u 0'>6 -- --"'" a:z: AGENDA ITEM 0 Public Hearing D Legal N "TI -r¡CD D Bids D Unfmished Business - -fTl Oþ f'-J MC') 0 Announcement D Presentation ::J: 0 City Manager's Report - RECOMMENDATION: Motion to approve and authorize the execution of a Resolution accepting the Urban Group's negotiated contract to purchase property owned by Eva M. Baker, located at 1401 NW 1st Street at the appraised fair market value of $79,200 and the relocation entitlement of$56,347. EXPLANATION: The contract purchase price is the appraised market value. Comparable sales of similar residences located in the subject area have sold for over $98,000, and it appears that values have trended upward compared to the com parables used by the appraiser. The relocation entitlement is based on guidelines established as part of the Uniform Relocation Act (URA). PROGRAM IMPACT: This is the first of five pieces of property that are essential to the development of the Wilson Center Project. FISCAL IMPACT: Funds for this task are available in account #302-4113-580-61-0l. ALTERNATIVES: ~. lty anager sIgnature Recreation & Parks Department Name City Attorney I Finance I Human Resources S:\BULLETlNlFORMS\AGENDA ITEM REQUEST FORM. DOC r 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING THE ACQUISITION OF 6 PROPERTY FOR THE WILSON CENTER PROJECT FROM 7 EVA M. BAKER AND AUTHORIZES THE CITY MANAGER 8 I TO EXECUTE ALL NECESSARY DOCUMENTS; AND I 9 ¡ PROVIDING AN EFFECTIVE DATE. , 10 , I ! ¡ 11 I WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be 12 in the best interests of the citizens and residents of the City to accept the Urban Group's 13 negotiated contract to acquire property located at 1401 NW 1st Street, Boynton Beach, owned 14 . by Eva M. Baker, for the amount of $79,200.00, and the relocation entitlement of $56,347, as 15 part of the implementation of the Wilson Center Project. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ; ; I 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereof. 21 Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby 22 authorize the acquisition of property from Eva M. Baker, in the amount of $79,200, and the 23 elocation entitlement in the amount of $56,347, for the implementation of the Wilson Center 24 roject and authorizes the City Manager to execute all necessary documents. 25 Section 2. This Resolution shall become effective immediately upon passage. 26 :ICAIIŒSOIReaI Estate\Purchase wmE.a M. Baker· Wilson CeDte;r Projecty.doc I ¡ j - ---~--~--~-~-,~ -- _.-.~ ' ,-_ __~....., ~'_______'''''-r_ .____o_-____ - ~_~__,_~~"_ ,",>"'~ .~~ '--- .,. 1 PASSED AND ADOPTED this _ day of August 2004. 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 City Clerk 23 24 (Corporate Seal) 25 26 27 28 29 S:ICAIRESO\ReaJ EsIa1e\Purcbase ftom Eva M. Bak..- - Wilson Cen...... Projecty.doc AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into between CITY OF BOYNTON BEACH, (hereinafter referred to as "PURCHASER"), and Ms. Eva M. Baker, (hereinafter referred to as "SELLER"), WITNESSETH In consideration of the mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Land/Property . That certain parcel of Land located in Boynton Beach, Florida, together with any improvements thereon if applicable. The Land is more particularly described on Exhibit "A" which is attached hereto and made a part hereof. The Land is also sometimes referred to herein as the "Property." 1.2 Closin~. The delivery of a Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to SELLER. 1.3 Closin~ Date. The date upon which the closing occurs. 1.4 Deed. A Warranty Deed, which shall convey the Land from SELLER to PURCHASER. 1.5 Earnest Money. The sum of One Hundred and no/loo ($100.00) Dollars has been delivered ftom PURCHASER to Escrow Agent pursuant to Section 2.1 set forth herein. PURCHASER shall make an additional deposit in the amount of One Thousand One Hundred Dollars ($1,100.00) upon the expiration of the 60 day Inspection Period. 1.6 SELLER'S Address. 1401 NW 1 Street, Boynton Beach, FL 33435 Page 1 --- <.---,---------~~-"'---,---~-----~,._-- -- .'---.- .------...~-~----.-"'.- -----.. ~~---..~-"--...,..-~....--.--~--,--..,,~..,~;~~.,._-., ___~__,_~_,__~ M__ ---~_.- --" - --~----- '~-' --...,. 1.7 PURCHASER'S Address. City of Boynton Beach: 100 East Boynton Beach Boulevard, P.O. BOX 310, Boynton Beach, Florida 33425-0310, with copy to Donald J. Doody, Esquire, GOREN, CHEROF, DOODY AND EZROL, P.A., 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 1.9 Other DefInitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof" and the like refer to this Agreement in its entirety and not to any specifIc section or subsection. 2. PURCHASE AND SALE. Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Land, previously identifIed on Exhibit "A", for the total purchase price of SEVENTY NINE THOUSAND TWO HUNDRED DOLLARS and NO/100 ($79,200.00) and upon and subject to the terms and conditions hereinafter set forth. 2.1 Earnest Money. PURCHASER has deposited and placed in an escrow account maintained by GOREN, CHEROF, DOODY AND EZROL, P.A. monies in the amount of ONE HUNDRED AND NO/100 ($100.00) DOLLARS. The Escrow Agent is located at: GOREN, CHEROF, DOODY AND EZROL, P.A., 3099 East Commercial Blvd., Suite 200, Fort Lauderdale, Florida, 33308. This contract is contingent upon the Boynton Beach City Commission approving this agreement and the other contingencies set forth in Section authorizing the appropriate city officials to consummate the transaction. This contingency, together with any other conting encies Page 2 set forth in this Agreement, shall be fulfùled or waived by Purchaser within the Inspection Period, as defmed in Section 3 hereof. 2.2 Balance of Purchase Price. PURCHASER shall pay the balance of the Purchase Price to SELLER at closing by cash or by certified check, or by wire transfer to SELLER I S bank account of current federal funds. 2.3 The Purchase includes all rights, title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opene d or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and (2) for any damage to the Land due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; 3. INSPECTIONS. Buyer shall have until 5:00 P.M. on the date which is sixty- (60) calendar days (the "Inspection Period") after the execution of this agreement in which to conduct such investigations and inspections as to, among other things, the Property, the physical condition thereof, the environmental condition thereof, the market value thereof, the status, standing and transferability of any licenses applicable to the Property or any part thereof or any business operations conducted thereon, the feasibility of the purchase of the Property for Buyer's purposes, matters of zoning and all other matters with respect to the Property which are in Buyer's judgment relevant to Buyer's determination whether to purchase the Property or to terminate this Agreement and, without limitation to the foregoing, within which to obtain all necessary authorizations. Seller shall cooperate in good faith with Buyer in Buyer's efforts to investigate the Property during the Inspection Period. To the extent pennitted by law, Buyer Page 3 ._---~-_.--~~~-~-~-_.-> _ ·>...._·00, ___. ~_....._ ____._.,_,'-.,,_.. .»0--......-- --.-' shall indemnify Seller from and against any loss, damage, cost or expense incurred by Seller as a result of Buyer's inspection of the Property, and Buyer shall, following any such inspections, promptly restore the Property to the condition existing immediately prior to such inspections. If for any reason whatsoever, in Buyer's sole discretion, Buyer determines during the Inspection Period that it does not wish to purchase the Property and to close the transaction contemplated hereby, Buyer shall have the absolute right to tenninate this Agreement by giving written notice of such tennination to Seller in the manner hereinafter provided for the giving of notices, prior to the expiration of the Inspection Period. Upon receipt of such notice the Deposit s hall be returned to Buyer and thereafter 'this Agreement shall be deemed tenninated and of no further force and effect and both parties shall be released and relieved of any liability or obligations hereunder. If Buyer does not provide notice of tennination prior to the expiration of the Inspection Period, then it shall be presumed conclusively that Buyer is satisfied with its investigation, and thereafter Buyer shall have no further right to terminate this Agreement in accordance with the provisions hereof, and, shall be obligated to close the transaction contemplated herein on the Closing Date. 4. CONDITION OF THE PROPERTY; DISCLAIMER OF REPRESENTATIONS. 4.1 Buyer hereby expressly acknowledges and agrees that except as and to the extent expressly provided to the contrary in this Agreement: (a) Seller makes and has made no warranty or representation whatsoever as to the condition or suitability of any portion of the Property for Buyer's purposes, (b) Seller makes and has made no warranty, express or implied, with regard to the accuracy of any infonnation furnished to Buyer, and Seller shall not be bound by any statement of any broker, employee, agent or other representative of Seller, (c) Buyer will have made by the end of the Inspection Period a complete and thorough examination and inspection of all portions of the Land, on the basis of its inspection, Buyer is thoroughly familiar Page 4 with all portions of the Property (including without limitation, whether or not hazardous or toxic materials are or have heretofore been located on or under or generated from any portion of the Property), zoning, land use restrictions, utility availability and hook up costs (including, without limitation, whether or not septic tanks are permitted or prohibited) and all other matters relevant to Buyer, (d) Buyer will have determined by the end of the Inspection Period that the condition of all portions of the Property is satisfactory to Buyer, (e) notwithstanding the nature or extent of the inspections Buyer has made, Buyer shall purchase and accept every portion of the Property in its condition without requiring any action, expense or other thing or matter or matter on the part of the Seller to be paid or performed and, upon acceptance of the Deed at Closing. (f) Buyer will have obtained by the end of the Inspection Period all necessary approvals for its purchase of the Property, including, without limitation, if the Buyer is a municipality or agency of any government, all necessary authorizations from any council, commission, governing board, and the like, together with all necessary appraisals to fulfill the requirements of law relating to the value of the Property for purchase, all the foregoing of which shall be deemed to have been acceptable to Seller and fully approved as required by law, and (g) Seller makes and has made no warranty, express or implied, concerning any portion of the Property, its condition, the use to which it may be put, any environmental matters, or any other thing or matter directly or indirectly related thereto or hereto. In accordance with Section 161.57(2) Florida Statues, Buyer hereby waives being furnished any information by Seller related to whether or not any portion. of the Property lies seaward of any coastal construction control line (as defined in Section 161.053, Florida Statutes) and any such information shall be compiled by Buyer, if Buyer desires, at Buyer's sole cost and expense (the foregoing is not a condition to Closing, and regardless of the information learned, Buyer shall not be entitled to terminate this Agreement). The provisions of this section shall survive Closing and delivery of the deed of conveyance. Page 5 -- -'--.'--- .--- ---- ----~~- ----_----.------~...,---- --- -------,,¿~.....--~-> __,.~~_ _~ ~.~.. _-' ~_._._._<-~._'a_ ._>--~-"~"""","-"-,,- 5. EVIDENCE OF TITLE. 5.1 Title to the Land. SELLER shall convey to PURCHASER at closing, by delivery of a Warranty Deed, regarding the subject Land, subject to all easements and restrictions of record. Within ten (10) days of the execution of this Agreement, Purchaser shall secure a title insurance commitment insuring PURCHASER'S title to the Land subject only to those exceptions set forth in the commitment and acceptable to PURCHASER. All costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. PURCHASER shall have ten (10) days from the date of receiving said commitment to examine said commitment. If PURCHASER objects to any exception to title as shown in said commitment, PURCHASER shall within ten (10) days of receipt of said commitment, notifY SELLER in writing specifYing the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within ten (10) days after PURCHASER has provided notice to SELLER. Within two (2) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifYing an uncured objection, in which event all instruments and monies held by the Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the Page 6 uncured objection. 5.2. Survey and Legal Description. During the Inspection Period, PURCHASER shaH order: (i) a true, complete and reproducible tracing of a current survey map (current is defined to be certified within fifteen (15) days of the date of the Agreement), prepared by a registered Land surveyor or engineer licensed in the State of Florida showing the boundaries of the Land, and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of Land contained in the Land, improvements and encroachments; and (ii) a correct metes and bounds legal description of the Land which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shaH be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance poJicy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the Land non-contiguous to any other portion of the Land or any other matter materially affecting the intended use or marketability of title to the Land (any such matter is herein called a "survey objection" and treated as a title defect), PURCHASER shall have a period of ten (10) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASER'S use of the Land as a self Page 7 --~~- '--'~~-'-<~-"""-----"" I ....._"'"""","-'-_~ft___·~F_~ ---,. - -. >~~- ._-~-----_.-. .'- , ---. ~--~_. »''--<'-'+~ ----- . storage facility. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.1 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title wh ich was discovered and objected to within the contemplation of Section 5.1. 6.0 RISK OF LOSS. 6.1 Risk of loss or damage from fIre, other casualty, or both, is assumed by SELLER until the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. (a) In the event the Land, or any portion thereof, is condemned by any governmental authority under its power of eminent domain or becomes the subject of a notice of condemnation, PURCHASER may elect to terminate this Agreement, in which event the entire deposit and interest shall be returned to PURCHASER and neither party shall have any further claim against the other, or PURCHASER may elect to complete settlement hereunder, in which event SELLER shall assign to PURCHASER all of SELLER'S right, title and interest in and to any condemnation awards, whether pending or already paid. 7. TRANSFER OF TITLE SUBJECT TO. The Land shall be conveyed subject only to those exceptions as set forth in paragraphs 2.3, 5.1 and 5.2 and to: (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record provided that they are used to service the Land. (b) Unpaid assessments payable after the date of the transfer of title. 8. ADJUSTMENTS AT CLOSING. In the event that, following the Closing, the amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of Page 8 the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate. This provision shall survive the Closing. 9. CLOSING DATE AND PLACE. The closing will take place at an office and time mutually agreed upon no later than (15) days subsequent to the expiration of the inspection period, time being of the essence. 10. DEFAULT. If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this agreement, the deposit and interest shall be forfeited to SELLER as agreed upon liquidated damages. In the event of su ch default by PURCHASER, SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. In a ddition to the other remedies whic,h PURCHASER may have specifically set forth in this Agreement in the event of SELLER'S default, PURCHASER shall be entitled to equitable relief to enforce the tenns and conditions of this Agreement either through a decree for specific perfonnance or injunctive relief. 11. COSTS. SELLER shall be responsible relative to the costs and expenses related to the documentary stamps affixed to the Warranty Deed. The costs related to the survey, the appraisal and the costs and expenses incurred relating to the recording of the Warranty Deed and obtaining an Owner's Title Policy shall be the responsibility of the PURCHASER. 12. SELLER'S WARRANTIES. SELLER hereby acknowledges and warrants to the best of its knowledge that all of the following statements are true and correct as of the date of Closing and shall survive the closing. (a) There are no leases, letting or tenancies affecting any part of any of the Land except tenant leases and there are no written or oral promises, understandings, Page 9 > ----_..~------_.....---._,~.,~--~- -- - _ _-_ ---_.,c_._...___~ __ ____~_~ ~ __" __~"__d_~>_____ >_ agreements or commitments between SELLER (or any predecessor of SELLER) and any tenant or other person affecting the Land. (b) DELETED. (c) SELLER is not in default in any of SELLER t S obligations to any supplier of any materials or services obtained or to be used in connection with the property. All of the representations, warranties and covenants of SELLER contained in this Agreement or in any other document, delivered to PURCHASER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of closing, just as though they were made at such time. 13. PURCHASER'S WARRANTIES. PURCHASER hereby acknowledges and warrants to the best of its knowledge that all of the following are true and correct and all shall survive the closing: (a) PURCHASER has full power and authority to enter into this Agreement and to assume and perfonn all of its obligations hereunder. (b) The execution and delivery of this Agreement and the perfonnance by PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as may be required, and no further action or approval is required in order to constitute this Agreement as a binding obligation of the PURCHASER. 14. ENFORCEABILITY . If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this agreement. 15. CONTINGENCIES. PURCHASER'S obligations under this Agreement is Page 10 contingent upon: (a) The PURCHASER obtaining authorization from the City Commission of BOYNTON BEACH authorizing the City officials to consummate this transaction. (b) The PURCHASER obtaining one (1) appraisal from appraiser pursuant to Section 253.025 (6)(b) of the Florida Statutes (2001). The appraisal shall show the Land to have an appraised value equal to or exceeding the Purchase Price as set forth in Section 2. In the event the appraisal value does not equal the Purchase Price, the City Commission may elect to terminate this Agreement. (c) The PURCHASER obtaining a satisfactory Environmental Phase I Audit. In the event, the Environmental Audit is not satisfactory, the City Commission may elect to terminate this Agreement. (d) If upon the expiration of the inspection period the City determines th at the Land is unsuitable for any intended use, they may elect to terminate this agreement and receive an immediate return of the deposit. Notwithstanding anything to the contrary contained in this Section 15 or elsewhere in this Agreement, the foregoing contingencies shall be fulfilled or waived by Purchaser in their entirety within the Inspection Period. In the event that the purchaser has not furnished Seller with written notice of termination of this Agreement during the Inspection Period in the manner herein for providing notices, it shaH be conclusively presumed that any and all contingencies to the Purchaser's obligation to purchase the Land in accordance with the terms and conditions of this Agreement have occurred, been performed and/or waived, and the Purchaser shall be obligated to purchase the Land on the closing date. 16. NO LIABILITY. Unless this Agreement is executed by both parties within the Page 11 .--~.- -"'<'"~--""""'''---'-- ~....._~~_-....---_-.,-....,-._-~~~...,.---------_.~~-----_...~..._~--~~..._-- --...~>~~---..~~...,--~-~- ^---~-- .. - - ~-~--"-~-., specified time period, neither party shall be obligated to perfonn the covenants herein contained. 17. EFFECTIVE DATE. Unless both SELLER and PURCHASER execute this Agreement by August 31, 2004, this Agreement shall be null, void and ineffective. This Agreement shall be deemed effective as of the last date that the document is executed by either PURCHASER or SELLER. 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. 19. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 20. NO ORAL CHANGE. This Agreement may not be changed or amended orally. 21. SUCCESSORS. This Agreement shall apply to and bind the distributees, executors, administrators, successors and assigns of SELLER and PURCHASER. 22. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 23. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. 24. The parties hereto agree that a facsimile copy hereof and any signatures hereto shall be considered for all purposes as originals. 25. BROKER: Page 12 a) Seller represents that it has not listed the property for sale or otherwise entered into any agreement for the payment of a real estate brokerage commission regarding the sale of the property with any broker or any other person entitled to be paid a brokerage commission in accordance with Florida law. b) Seller hereby indemnifies and holds Purchaser hannless from and against all liability, cost or expense, including reasonable attorney's fees whether trial be brought or not, in the event the representations of Seller are false 0 r incorrect or in the event of any claim that is made against Purchaser, by any person who claims to be entitled to a real estate brokerage commission as a result of having entered into an express agreement with the Seller for the payment of a commission Page 13 ---~,-~_.....--....---,,~. . -_..~"'~--~.__. ,. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. WITNESS: PURCHASER: CITY OF BOYNTON BEACH, a Florida Municipal corporation (Print Name t) BY: Mayor (Print N anie t) DATE: SELLER: I. 0VZJ..- 7Jfó-L-- JJ ~ EVA M. BAKER J:U Ii- HI ¡f¡¡ A-E .BAIt' -E tf ~VÞÂ/ f!£ .ß41lf:f) (Print Namet) (Print Name t) DATE~;2. n4- WITNESS: ESCROW AGENT GOREN,CHEROF,DOODY AND EZROL, P.A. (Print Namet) By: (Print Namet) DATE: H:\2001\010078\Agreement for Purchase and Sale (Draft 3).doc Page 14 EXHIBIT "A" Property Address: 1401 NW 1st Street, Boynton Beach, FL Legal Description: The south 68.34 feet of lots 519 and 520 of Cherry Hills according to the plat thereof as recorded in plat book 4, page 58 of the public records of Palm Beach County, Florida Property ID: 08434521140005191 Page 15 "--.---~......---~- ___...=-n-- <____ ~__>._. ~.- ~ ____._".~_>~__>-_e.h_,__~__.;_<,-... -----~~~-- -. <...... -,-- NEGOTIATION SUMMARY & RECOMMENDATION FOR SETTLEMENT Seller: Eva M. Baker Site Address: 1401 NW 1st Street Boynton Beach, Florida 33435 Parcel # 6-4 Legal Description: The south 68.34 feet of lots 519 and 520 of Cherry Hills according to the plat thereof as recorded in plat book 4, page 58 of the public records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-14-000-5191 Property Assessment Value: $50,986.00 Appraised Fair Market Value: $79,200.00 Date of Value: May 7, 2004 Seller's Position: The Urban Group has negotiated a contract to purchase the subject parcel at the appraised fair market value of $79,200.00. Ms. Baker agreed to sell her home at the appraised value in addition to her relocation entitlement of $56,347.00. Buyer's Position: The City hired an independent State Certified General Real Estate Appraiser, D. Craig Keneipp to determine the fair market value of the subject property. Based on a date of value of May 7, 2004, the fair market value of this property is $79,200.00. This contract is contingent on the City Board approving the contract amount and a closing within the month of September 2004. The language found in the City Standard Contract allows the Buyer to complete due diligence including an environmental assessment. In the event of any adverse findings, the Buyer has the right to withdraw from the contract without penalty. This clause gives the buyer the right to cancel the contract by delivering written notice to the sefler no later than 5:00 p.m. on the second business day after the investigation period has lapsed. Commentsl Recommendations: The contract purchase price is the appraised fair market value. Comparable sales of similar, four bedrooms, two baths, single-family residences located in the subject area have sold for over $98,000.00, and it appears that values have trended upward compared to the comparables used by the appraiser. In closing, we recommend the City accept the Agreement for Purchase and Sale of Real Property of $79,200.00. The Urban Group, Inc. · 1424 South Andrews Avenue. Suite 200· Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 . FAX 954_522_6422 Negotiation Summary & Recommendation for Settlement Eva M. Baker - 1401 NW 1st Street, Boynton Beach, Florida August 2, 2004 Page 2 ~ed: .9- ~- o~ Maggie Pinares Date Realty Specialist -=-~~' Jne, R:iew g-1.-ol{ Barry Lazarus Date Project Manager City of Boynton Beach: Wally Majors Date Recreation and Parks Director City of Boynton Beach Board Approval: Date Chair, City of Boynton Beach Attachments: Appraisal Review Appraisal (2) Original Contracts Copies of Notices provided at Initiation of Negotiations CC: Howard Steinholz, Barry Lazarus, File -------·""~_A......."-__~""__'..____'_'"___.___o _______< . åt\YNTON BEACH .. __ -. - - - - - ~ - ;-_"'" - _. ;. _. .- ,: - _1 -_ - - ~ _ .:.~- __ ,<,.,., -. -,,"---!,"" " _ _.-.:- - ---.~--- .,~~> ~~:_-""~. _-," > '.C; § -; -..:- - -OJ..-' ._;~ .1 '_ <_j- ______-t~~"v -_. -_.d:~ C:· }- - - .,,_.:_~~¥;ff OFFER OF JUST COMPENSATION July 28, 2004 Ms. Eva M. Baker 1401 NW 1 Street Boynton Beach, FL 33435-3053 Dear Ms. Baker: The purpose of this letter is to make you an offer of just compensation for your property located at 1401 NW 1 Street, Boynton Beach, Florida 33435. Mr. D. Craig Keneipp, Certified General Appraiser, on behalf of the City of Boynton Beach, has established the amount of just compensation for your property at $79,200. This amount is based on the fair market value established by an appraisal and approved by a review appraiser. The City of Boynton Beach proposes to purchase your property for the established fair market value stated above. Attached you will find a Summary Statement of Basis for the Determination of Just Compensation. If you have any questions about this matter, please do not hesitate. to call me at (954) 522- 6226, ext. 114 or our toll free number (888) 522-6226, ext. 114. I look forward to hearing from you soon. Sincerely, THE URBAN GROUP, INC. Agents fO'&Of Boynton Beach »>~ Maggie Pinares Realty Specialist Accompanying Attachments · Establishment of Just Compensation · Summary Statement of Offer of Just Compensation · Real Estate City Disclosure BB-WRC 07/04 . Øð~NTON B£4\tH ESTABLISHMENT OF JUST COMPENSATION PROPERlY LOCA TED A T 1401 NW 1 Street Boynton Beach, Florida An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for the property identified above to be $79,200. A review of this appraisal has been made by Mendel R. Westberry, MAl, the review appraiser, who has approved the fair market value established by the appraisal. Based on a review of the appraisal documents, and the review appraiser's approval of the appraisal documents and the estimate of fair" market value established by the appraisal, l, Mendel R. Westberry, MAl, on behalf of the City of Boynton Beach, hereby established the just compensation for the property identified above to be $79,200. The City believes this amount to be the fair market value for the identified interest, and for the improvements (if any) identified. This just compensation amount does not include any consideration of decrease or increase in value attributable to the project for which it is being acquired. Relocation payments, if applicable, are not a part of this establishment of just compensation. n 1- I f}b~__~--7 7 J-g/(Jý Delivered By Date ~ ~ ~l.A-~ ~v4__ M rfl p¿¿ Receipt Acknowledged By Date BB-WRC _ 7/04 ~ '> ------..--.---~--.-y--~.-~~~-~......,~-----......'"--~, .--~-.- ,~---....,....~~".-._~--.. <~~-~~-.-----~-~, ,--~. ---. ~~ -~--:---,- ~-. .- _>~,__r-__,..._. _-I--" .. ...... . . . - ~-~ - - -. . . .:. . .... CffYOf ) BÓÝNTON EACH > ""~~'~.? SUMMARY STATEMENT OF OFFER OF JUST COMPENSATION Ms. Eva M. Baker 1401 NW 1 Street PROJECf NAME: Wilson Recreation Center Boynton Beach, FL 33435 PARCEL NO.: 6.4 Dear Ms. Baker: As you are probably aware, the City of Boynton Beach is in the process of acquiring private property for the above referenced project. A determination has been made that either a part or all of your property will be needed. A search of the Public Records of Palm Beach County has been made and it was determined that property, as described in the legal description attached in "Exhibit A" is owned by you. The interest being acquired in your property is a Fee Simple In addition, the following list will identify the buildings, structures, fixtures, and other which are considered to be part of the real property acquired, jf any: Single Family Residence The City does not normally acquire personal property such as furniture and furnishings, dothing, and other similar items of personal effects or small unattached appliances in conjunction with redevelopment projects. However, if circumstances are such that this becomes necessary, the following list wiIJ identify those items of personal property being acquired. NI A . ·...u are further advised that the City's offer of just compensation for the property required for the Wilson Recreation Center project is ~ed on the Fair Market Value of the property and that the City's offer to you is not less than the approved appraised value of the property . The following represents a summary of the City of Boynton Beach's offer to you and the basis therefore: Land & Improvements $ 79.200 Real Estate Damages $ N/A Total $ 79.200 This statement of offer is not a contract if you agree to accept this offer, you will be required to sign a contract to sell. Any additional information you may require can be obtained through the City's Representative that contacted you. If the representative is not readily available, please contact: The Urban Group Joe.. 1424 South Andrews Avenue. Suite 200. Fort lauderdale. Florida 33316 (888) 522- 6226. ext. 114 or 110. Sincerely, THE URBAN GROUP, INC. A~9 ~ Boynton Beach Sn. . /7 Maggie Pinares . /IJ~,,~ 7 7þejoý nelivered By Date I '_ ~~ ß~ 7~<9o'1 ¿ Receipt Acknowledged By Date BB-WRC 7/04 ! I NO BROKERAGE RELATIONSHIP DISCLOSURE I FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you decide on representation. NO BROKERAGE RELATIONSHIP NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS. As a real estate licensee who has no brokerage relationship with you, THE URBAN GROUP, INC. and its associates owe to you the following duties: 1. Dealing honestly and fairly; 2. Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer. 3. Accounting for all funds entrusted to the licensee. 7 d þ()t_/ ~7n~~/3~v Date Signature The Urban Group, Inc. . 1424 South Andrews Avenue· Suite 200 . Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 . FAX 954_522_6422 . www.theurbangroup.com - - -. -- _~~~_~_,.~_~ _9<"'.__.....- ~"~._. - .~----~~.~~_.._-- ~,. . VI.-CONSENT AGENDA ITEM C.S. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin¡: Dates in to Citv Clerk's Office Meetin¡: Dates in to Citv Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 D Administrative D Development Plans 0 ("')~ NATURE OF ~ Consent Agenda D New Business q ~-< ~ AGENDA ITEM ~ --'.0 D Public Hearing D Legal ("')....., G> rCP D Bids D Unfinished Business , ;"no N :;;.":>-< D Announcement D Presentation "?-;z:. ():;~ 0 ~ 0 City Manager's Report :.~ c:rZ - """CP - .- ~rrt RECOMMENDATION: N g:P' Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits<{iith ç Martin Design Associates, Inc. as Customer, for a 0.47-acre tract of land located at the eastern end of Tucks Road. EXPLANATION: The parcel covered by this agreement is proposed to contain a nursery business with approximately 10 employees. PROGRAM IMPACT: At tbe City's adopted level of service, the proposed use is expected to require 250 gallons per day of potable water capacity, and 200 gallons per day of wastewater capacity. Water and sewer mains exist in the adjacent Tucks Road right-of-way. FISCAL IMP ACT: None This parcel is within the Utilities service UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugennan (w/copy ofattachments) File Peter Mazzella " Michael Rumpf, Planning & Zoning (w/copy of attachments and site plan) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , , i I 1 I RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 7 FOR ANNEXATION BET\VEEN THE CITY OF BOYNTON 8 BEACH AND MARTIN DESIGN ASSOCIATINS, INe.; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the subject property is a 0.47 acre parcel located outside of the City 12 limits, but within our water and sewer service area, located at the eastern end of Tucks Road; 13 and 14 \VHEREAS, the parcel covered by this agreement is proposed to contain a nursery 15 business with approximately 10 employees; and 16 WHEREAS, at the City's adopted level of service, the proposed use is expected to 17 required 250 gallons per day of potable water capacity, and 200 gallons per day of wastewater 18 capacity; and 19 WHEREAS, currently water and sewer mains exists in the adjacent Tucks Road 20 right-of-way. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Manager is hereby authorized and directed to execute a Water 27 Service Agreement between the City of Boynton Beach, Florida and Martin Design 28 Associates, Inc., which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Water Service\Martin Design Associates Water Service Agr.doc ."----~_-.-«~._--~~ --~- t -.. ~ ~__ < . __'"0> ~,_""_____'"'~ ~_.,_ __ _~ .~___V_~_--'--"'~<--_____"">~~~~~____' 1 PASSED AND ADOPTED this _ day of August, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 22 City Clerk 23 24 :\CA\RESO\Agreements\Water Service\Martin Design Associates 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 day of ,20_, by and between ~^ð"1'"u~ ~\~ A~<,r,.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 J 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 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 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. .sf IN WITNESS WHEREOF, the parties hereto :have set their hands and seals this ;</ day of 31A.I.-Y , 200~ WITNESS: CUSTOMER AS OWNER(S): X}J¡ tJ"(/ tL",,,~ Á xc.~ Witness Si nature Pres nt's Signature ;<;11 ~ ~A/A/e SA-~/¿J/-- ~'"1> "" 6..C.-r t J ,Pri Wi e~ amé Printed President's Name d~ { ~'Ñ t)z.'SI(",Ñ ^~~w-~Ç, '...re.. itness Signature ðGUV'~· r2eef Printed Witness Name - Witness Signature Secretaryl Vice President's Signature Printed Witness Name Printed Secretaryl Vice President's Name Witness Signature .'__"0___ .._~__.~,_,"",",~. _, .-«_ ._""""_____.....,....~<~<_.____~._<_.__ __.-.'~-',.4,.....,'~._____~_-~,_~ .-_~ --__ . . <~_'.._._o,,< '-~-_~-<'r____..__ ·4_ Printed 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 Child. lJ. ¡1¡1t1rfi,..¡ RteS. of ~J\4.'n~O[.$"...,) A.sscx.., \ ..s,. 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 was personally known to me or provided the following proof of identification: FIDr:d"" .J).L. Mfø3510¥73oføbO r.r+WITNESS my hand and official seal in the County and State last aforesaid this ~l day of \T t.<.lV 200j- I (Notary Seal) ..... .................-....................... Notary Public : SUSAN COLLINS : . ",þ~ ConvN ÐD0285OI5 : : ~~.,p~ . : \8 EIIiIIa W200I : i;o~ ~ landed Ihnt (IOOt4...¡ : 1JIf'1 fIDrIde ~ AlM..Inc : CITY OF BOYNTON BEACH, FLORIDA WITNESS: i........""Ttttn..t."un - ............. 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 JACllms 900182 12/12/95.rev WATERSRV.1 ---- -.--.'" --III'<;¡101 ~-- ---'-. ~ ~_~."""'.-o~"~__"._,_-~ - ,~,-___~___,,_,_> .~'-"'_..~<__ -- -~< ----- ----- -- -. ~-""- THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P A 3099 East Commercial BIvtL Suite 200 Ft. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF PcJW\ ~eL J..(JØ1,.)Q,jS~A$SCC.I~ }~. ~ IlWe,Óa.t.Þ'Þ.\oAA.-\t.Ì A!.~~o..\~ r:F , 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 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: 00 - lf3, - Lf~ -/g -00 - OCJO -7/8'0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be ih full force and effect on the t +L day of --.::it ~ lA>S.-t . 20~ and the powers and authoríly shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ;) 1st day of ~ l- \/ , in the year two thousand and f 0 {,( ( , Sealed and delivered in the presence of X -:f~ l X C.£(¡~) Witness Signature Pre . s Signature S'~~, F. U~ '/. ~~-:> ~,,j ~~~ Printed President's Name MU;n,..1 oes'...J "'~CJ.~,Wc.. Witness Signature ~\~ ~~~~L\ Printed Witness Name Witness Signature Secretary! Vice President's Signature Printed Witness Name Printed Secretary! Vice President's Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowled~ed before me thiS¿){.ff day of JItL.Y ,2fb4, by ChAct. mtr J tv' and , who are known to me or who h~vp- proollr.P-rl FIll. AL. M h 35'/P F-75~""'t?, as identification and who did/did not take an oath. ~~.~JJ" NOTARY PUBLIC Type or Print Name Commission No. ->---'~"='------"'>----'- ' .-_.- ---...-"._,-,~._----,.-- -.._---,.~'"'--- My Commission Expires: POA.lNO · ... 1 in. = 167.3 feet - - - - 0022 0023 0032 0033 0062 0063 0072 0073 0102 0103 ~a ~ 0021 0024 0031 0034 0061 0064 0071 0074 0101 0104 11 0114 014 0092 0093 cop< - ~ 705Ð 0012 0013 0043 0082 0083 l 2:1 0123 0011 0014 0044 0081 00B4 0091 0094 ì2c 0124 013, ~RY\VOOnl - )334 0331 r; :1333 0332 032. 7240 7230 7170 7161 7140 7261 7. 7191 7190 7192 7220 7210 7160 7200 7300 0283 ~ 0000 7320 7120 7110 7340 7330 7100 7060 -. 0264 0261 02.... 024:/ !34 0231 0224 7070 7080 0263 0252 0243 02.42 !33 0232 0223, -. I -. , AL ~ÐIN A~ .~~ _. 0171 -, ¡i 0010 0041 0011 0111 0141 0171 0201 0010 0041 0081 0111 0141 '1 0241 ~ -. 0431 0.401 0361 0331 0301 0271 0240 0451 0411 0381 0351 Oa21 0281 ; .2 231 O~ =, ,1:~ ; H."" ,"Á -.. I. , I 0010 I..., I- I 0111 1·... E"' ;11 24 0010 ooä Map Exhibit .L - "An I, r f,c I j - .. '_._---......."'-"..~<-~~-....--"-~-- ~ .........~,,--- ----"-----'"'. --,-.--<. ~-,..,.....~-,~~---- ~ --- "--",. - ~-------"'-~.. 11111111111111.1...11. CFN 2004036'9473 OR BK ~7167 PG 0682 £CQ\WED 06/25/2004 12:28: 11 This instrument prepared by R F'1 16 and rerum to: - Pal. BeuchCouRty. or a SUSAN J BROTMAN P.A. AnT 70,000.00 . . = - . Doc Sta.p490. 00 Al!omey ar Law Dorothy R "ilken, Clerk of Court Suite 4J 1 2424 Nor<.h PedeTaI HigÞway Boca ~t()n, Florida 31431 Aorida Ru 13114 J 3 Folio .#00-43-45-18-00-000-7180 WARRANTY DEED TIDS INDENTURE, made this cJ ~ day of , 2004. þy GREEN SPACE DESIGN ASSOCIA ES. INC., party of the IfSi-part. to MAR'~IN DES1GN ASSOCIATES. INC., whose address is 385:'\ Tud(s Road, Boynton Beach, Ronda, 33436, party of the second part: WITNESSETH, That the said parry of the first part, for and in consideration of the sum of $10.00 i»hand paid by the said party of the second part, tbe receipt whereof is hereby acknowledged. has granted, bargained, and sold to the said party of the seçond part, his beirs and assigns forever, the following de~cñbed land, situate, and being in the CQunty of Palm Beach. State of Florida, to-wit: Beginning aJ a POll! 465 feet North of me Southwest corner of SectiQn 18, TQWnship 45 South, Rßnge 43 Easr, thence mn Emt 765feetfor apQim ofBegínni'lg; thence mn North 195feer roapoi'lt; thel1Ce run East 105 feet to a poill!; thençe l1P1 South 195 feel 10 a point; thence run wen 105 fUl to the point of BegilUling Subje-:t to restrictions, reservations, easements and limitations of record. if any. and taxes for 2004 and subsequem years. And the said party of the first part does hereby fully wauanl the title to said land. and will defend the same agaiost the lawful claims of all persons whomsoever. 1N WITNESS WHEREOF, The said first party has signed and sealed these presentS the day and year first above written. Signed, sealed and delivered in presence of: Ä~lvdL ~W... II< ~ 4Ç~~ . t~_bÞ') ~ ~/S..#;V ;T (5i28T/Jt (W1tDØS priJ~ STATE OF Florida } 5.S. COUNTY OF Palm Beach } The foregoing instrument was ackMwledged before me this;;?=] . day of . ');1 tbtf. ' 2004, GREEN SPACE DESIGN ASSOCIATES, INC.) by JOHN J. ARNOLD. as President of Design Associates, Inc. ,a Florida corporation, who is ~oaUy koownto me or has produced _ as identification and did take an oath; ¡/;?.JJ.{'f:-.,. S"&~ll. J. BrtJtman ~J;/~tfi; ·¡'?;comm;s:con Ii DD 000>z31 ":.;c;}~£f £q>irc.! A¡>m 16,;roos -~,f.~~J}~,~''''' ;r:':mrÕt':~ ~ 1M- J -, J . . J - é - " - '-=.:' :-\ :::"' . " . - - F--;:;f~\~ <;¡r-·"'! c - - - - ~-~~ Property Information Location Address: 3855 TUCKS RD Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-18-00-000-7180 Subdivision: Official Records Book: 17167 Page: 682 Sale Date: May-2004 Brief Legal Description: 18-4S-43, E 105 FT OF W 870.99 Full Legal Description Owner Information Name: MARTIN DESIGN ASSOCIATES INC ~~......~."''''''' Mailing Address: 3855 TUCKS RD BOYNTON BEACH FL 33436 Sales Information Sales Date Book Page Price Sale TY)lg Owner ~rr"l May-2004 17167 682 $70,000 WARRANTY DEED MARTIN DESIGN ASSOCIATES INC May-1985 04551 0501 $36,000 WARRANTY DEED Jan-1982 03665 0030 $26,000 WARRANTY DEED [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: 2003 2002 2001 Tax Year 2003 Improvement Value: $2,56 $2,56 $2,5~ Number of Units: 0 Land Value: $29.00 $29,00 $29,00 *Total Square Feet: 0 Total Market Value: $31,56 $31,56 $31,56 Acres: 0.47 Use Code: 6900 Description: AGRICULTURE * in residential properties may indicate living area. Tax Year: Assessed Value: ~ Exemption Amount: Taxable Value: Tax Values Tax Year: - Ad Valorem: Non Ad Valorem: _r"III Total Tax: ~ ~ ~~~I Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Ho~ I Links I Glossary I EAQ I Forms I Contact Us I PAPA http://www.cO. palm-beach. fl us/papaJaspxlweb/detai I_info. aspx?p ~ entity=0043451800000... 7/2212004 .__~.___~~~ 4__~-'~_'~~""~'~~__"""~'-""'--_---'______ .- -~ .-- -~-q~-~ ----~-- -- .-._....-~---,..--<-_. '''''''-~---'----'--"¿-'--''-' Division of Corporations Page 1 of 2 , -- ----~- --~----'-_.-.. ~---~-~--_._. ~- - . r_____ ~---- --~--~ Florida Profit l\tIARTIN DESIGN ASSOCIATES, INC. . -~ - --~- .-..,"'----.._-~.-~--~-~----~ -.-----<..-.-- - ~--~,- .~$~-'-< ~ --.~ -. .- --- -~ ~.'- -, ~~«. -~--- -._, - ~ - -- -- PRINCIPAL ADDRESS 8112 SOUTH LAKE DRIVE WEST PALM BEACH FL 33406 1~.__._,~~_~__~__~.o~_.._*.____-_<~__._~ ,·_·~v_"._~_~___________~~____~~~_____~·_~~'_~_~__~~«'__~_~~_.~._____~_. MAILING ADDRESS 8112 SOUTH LAKE DRIVE WEST PALM BEACH FL 33406 Document Number FEI Number Date Filed P04000082392 NONE OS/2412004 State Status Effective Date FL ACTIVE NONE k~__..__ ________ - -. --- -- - _~__________ _y_V________~~_~ _~__.. ..__w~__~_,~___ _~.__~_.~___~__.~.._ ______..._..._.______~_._.___._ Registered Agent I Name & Address I WALK. GARY ESQ. 515 N. FLAGLER DRIVE 18TII FLOOR WEST PALM BEACH FL 33401 Officer/Director Detail I Name & Address II Title I MARTIN. CHAD 8 8112 SOUTII LAKE DRIVE WEST PALM BEACH FL 33406 I MARTIN. LARA 18 8112 SOUTII LAKE DRIVE WEST PALM BEACH FL 33406 . ~I Annual Reports II II ttp://www .sunbiz.orglscripts/cordet.exe?al=DETFIL&n I=P04000082392&n2=NAMFWD&n3=OOOO&... 7/21/2004 )ivision of Corporations Page 2 (.)f 2 II Report Year II Filed Date II ~--- ' .~'.__~ ___ _~r> __~__,,__~_?__~,___,~__~_~~__~___,_________p___~<__~~__~__._ __~__~____~_____~.__,'___'___~"__ .___~ ___M__h_._,,_~ .m__'______.~_~_ ~___ _.__ _ ' " _1 f- - _ ' No Events No Name History Information {-- ._ __ _~__._______.+.______ _~ _ _,_~._w____. ___ _______~__ _,_._. Document Images Listed below are the images available for this filing. 1105/24/2004 -- Domestic Profit II THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .---- ~ .------ -- ~- - --~. - - -. ._~-, u~ ~~ __<~~__, 0___ - ~~ ~ -< up:/ /www .sunbiz.orglscripts/cordet.exe?al =DETFIL&n 1 =P04000082392&n2=NAMFWD&n3=OOOO&... 7/21/2004 __ ~~_ _""_~"'7._-,;...______ .-._ _~ ..- ._-.~ -~-"""'--"'''''''''"''~---.~--~ - _ -_ _'_-'. c.......~·_.-< ,< VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.6. AGENDA ITEM REQUEST FORNI 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 Meetine. Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 0 October 5, 2004 (Noon) September 20, 2004 [g August 17,2004 (Noon) August 2,2004 0 October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16, 2004 0 November 3,2004 (Noon) October 18,2004 o September 21,2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November 1, 2004 o Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal CJ o Bids 0 Unfmished Business .2;Ç] ==1 :ho --1-< o Announcement 0 Presentation c:: -< a G) "J -ry o City Manager's Report I:::œ N "'0 ,:.:J -< :bo --'~ z RECOMMENDA nON: Motion to approve and authorize the execution of a Resolution for Task Authomati~ ~ using the Uniform Relocation Act, and Eminent Domain (RFQ No. 013-2413-04CJD) in the amount o{::- ::::~ $35,374.23 to The Urban Group, Inc. for total acquisition and property management services as part o~e <=>£2 project that will replace Wilson Center, refurbish Wilson Pool and improve the adjacent park. f"T1£ EXPLANA nON: At the July 20, 2004 meeting, the City Commission authorized the execution of a Resolution declaring the public necessity of acquiring four (4) parcels of property for the purpose of building a new community center that will replace Wilson Center, refurbishing Wilson Pool and improvements the adjacent park. The Urban Group will assist staff as per the tasks itemized on Exhibit "A". PROGRAM IMPACT: These parcels are essential for the completion of this project. FISCAL IMPACT: Funds for this task are available in account #302-4113-580-61-01. AL:;=:;;;;¡¡¡¡Z00' ~ Department Heas Sign tur City Manager's Signature ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIMFORMS\AGENDA lTEM REQUEST FORM.DOC f! I I: 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 AUTHORIZATION 6 TO THE URBAN GROUP, INC., IN 6 THE AMOUNT OF $35,374.23, FOR TOTAL 7 ACQUISITION AND PROPERTY MANAGEMENT 8 SERVICES AS PART OF THE WILSON CENTER 9 PROJECT; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, at the July 20, 2004 meeting, the City Commission authorized the 13 execution of a Resolution declaring the public necessity of acquitting four (4) parcels of 14 property for the purpose of building a new community center that will replace Wilson 15 Center, refurbishing Wilson Pool, and improvements to the adjacent park; and 16 WHEREAS, staff has recommended approval of this Task Authoirzation No.6 to 17 The Urban Group, Inc., using the Unifonn Relocation Act, and Eminent Domain (RFQ No. 18 013-2413-04-CID) in the amount of $35,374.23, for total acquisition and property 19 management services as part of the project that will replace Wilson Center, refurbish 20 Wilson Pool, and improve the adjacent park; and 21 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 22 appropriate and in the best interests of the public to approve Task Authorization No.6 to 23 The Urban Group, Inc., to provide for total acquisition and property management services 24 as part of the Wilson Center project; 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CAIAESO\Agreerrenls\Task - Change Orders\The Urban Group - No. 6.doc -,..__..........._~_._---".-~........,..~,-,.""'''-..-.-.- - - _._~--~ -..~..~-"-----'"._..-~-"" --, - ----~ I 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 2 as being true and correct and are hereby made a specific part of this Resolution upon 3 adoption hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution of Task Authorization No.6, in the 6 amount of $35,374.23 to The Urban Group, Inc, to provide for total acquisition and property 7 management services as part of the Wilson Center project, which Task Authorization is 8 attached hereto as Exhibit "A", and made a part hereof. 9 Section 3. This Resolution shall become effective immediately upon passage. 10 PASSED AND ADOPTED this _ day of ,2004. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 24 Commissioner 25 26 27 Commissioner 28 29 ATfEST: 30 31 32 City Clerk 33 S:\CAIRESO\AgreementsITask - Change OrderslThe Urban Group - No. 6.doc -I 0-1 (f) -I -t 0-1 (f) (/) (f) (f) If) " -I ~ 0 00 CD » 0 00 ro CD ¡;; ¡¡; CD m » ! -I 00-1 "0 (f) -t (f) -. "0 V U U "0 :;0 (f) » -t» æ ^ » -I» '-" þ <:» tv ~ 0 ^ r Or r O· ::E 00 ~ 0 "I 0 "I 0 ,,0 0 »0 z ~. 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(ß tn -J S" N(}1 OJ OJ .... 3- 0 '" ID W '" <0 ~ ~ i <It .... -t ~ 0 '" tv ... -t ~ » m -t ... r '" 0> 0 CD ë:o tv ~~ -I tv tv in '" w 0 :-' co tnLn » tv OJ ~ a. 0> r -.. 0 in in OJ I I I I - ~ ,-~ ~,,,-,,,",..~ ___.~......"""'~<>.............<o____~· VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 [gJ August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 (") o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 20W (")-4 .Ç" ~-< o September 21, 2004 o November 16,2004 :r:- --<0 (Noon) September 7, 2004 (Noon) November 1, 2~ n"" ¡-OJ I ~" C> ú> :::::J-< ?(:z: 0 Administrative 0 Development Plans -0 . .-. (/)0 0 ~ 0- NATURE OF [gJ Consent Agenda New Business ...... r ~co AGENDA ITEM 0 Public Hearing 0 Legal - f"Y1 N (ÏJ> 0 0 - ¡-tic") Bids Unfmished Business :x: 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve and authorize the execution of a Resolution to accept the License Agreement with the Guided Path Academy to operate a Charter School at Wilson Recreation Center beginning August I I, 2004 up to, but not extending beyond, December 23, 2004. EXPLANATION: The Guided Path Academy will serve students from Boynton Beach. The school's permanent facility is not yet available. The school will use Wilson Center Monday - Friday, 8:00 a.m. - 2:00 p.m. PROGRAM IMP ACT: The Wilson Center is primarily used during the afternoon and evening. Existing morning activities will be temporarily relocated to Hester Community Center. FISCAL IMPACT: None. The school will pay for all necessary modifications to the center. ALTERNATIVES: Do not grant permission to the Guided Path Academy to use the Wilson Center -- .' ~~_e Department Head's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ' RESOLUTION NO. R 04- 2 I 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORlZING 5 THE EXECUTION OF THE LICENSE AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND THE 7 GUIDED PATH ACADEMY; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, upon recommendation of staff, the City Commission has detennined that 11 it is in the best interests of the residents of the City to execute a License Agreement with 12 Guided Path Academy to operate a Charter School at the Wilson Recreation Center; and 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 15 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 16 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption 19 hereof. 20 21 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby authorizing execution of the License Agreement with The Guided Path Academy 23 attached hereto as Exhibit "A". 24 25 PASSED AND ADOPTED this _ day of August, 2004. 26 27 CITY OF BOYNTON BEACH, FLORIDA 28 29 30 Mayor 31 32 33 Vice Mayor 34 35 36 Commissioner 37 38 39 Commissioner 40 41 42 Commissioner 43 ATTEST: 44 City Clerk ~g s:calResolAgrlLiccnce Agrccmcnt - Guided Path Academy 47 .. - . n<_·___ .._.~._..---......._~_~___~__o~_"._~~___.__:-,____ ~ ~,---,--"""",-<~_._.--.>-- -..- LICENSE AGREEMENT THIS IS AN AGREEMENT, made this if#! day Oft2u¡äo-j; , 2004, by and between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of florida, hereinafter referred to as "CITY" and GUIDED PATffiACADEKY , hereinafter referred to as "LICENSEE". 1. DESCRIPTION OF THE PREMISES CITY hereby grants to LICENSEE the right, license, and privilege of occupying and maintaining certain CITY owned preffilses and improvements located at , as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Premises" or "Property"), subject to the tenns and conditions set forth in this Agreement. 2. COMPENSATION No payment shall be made by the LICENSEE for the privileges granted herein. No security deposit is required. 3. TERM cnmmence J./h ~ud ,2004 and temUn'te This Agreement shall , unless tenninated pn to saJd date as provIded for herem below, and shan be renewable thereafter upon mutual consent of the parties. 4. USE OF PREMISES LICEN~l~);¡, ~ arid occupy the Premises only for . '1J , and not used for any other purpose whatsoever wi thou the written consent of the CITY. LICENSEE covenants that he wIll not, without written consent of the CITY, pennit the Premises to be used or occupied by any other person, finn, entity or corporation other than LICENSEE or its agents. LICENSEE further covenants that no nuisance or hazardous trade or occupation shan be pennitted and nothing shall be kept in or about said Premises which wi]) increase the risk of any hazard, fire or catastrophe, and no waste shall be pennitted or committed upon or any damage done to said Premises. LICENSEE shan not pennit the licensed Premises to be used or occupied in any manner which wiJI violate any laws or regulations of any governmental authority. Page 1 of6 JAC/jc S:\CA\FORMS\License Agreement form 072804.doc 5. ASSIGNMENT LICENSEE shall have no authority to assign any portion of the Premises during the Tenn of this Agreement. Should LICENSEE attempt to assign this license, then the license shall be tenninated forthwith without prior notice to LICENSEE. 6. DAMAGE TO PREMISES LICENSEE agrees that all personal property, inventory, or stock placed on the Premises shall remain the property of LICENSEE, and shall be placed on the Premises at the risk of LICENSEE. LICENSEE shall give the CITY prompt written notice of any occurrence, loss, incident or accident occurring on the licensed Premises. 7. INSPECTIONS CITY, its agents, or authorized employees may enter upon the Premises at all reasonable times and hours, to examine same to detennine if LICENSEE is properly maintaining the Premises according to this Agreement. 8. INDEMNIFICATION LICENSEE acknowledges that any personal property placed on the Premises is at LICENSEE's sole risk. LICENSEE shall indemnify and save hannless and defend the CITY, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of LICENSEE, its agents, servants or employees in the use of the Premises, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the uses or operations pennitted under this Agreement. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the LICENSEE and requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Donars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by LICENSEE. Furthennore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the tenn of this Agreement and continue in fun force and effect as to the party's responsibility to indemnify. 9. INSURANCE LICENSEE shall provide, pay for, and maintain in force, at all times during the tenn of this Agreement the kinds and types of insurance as are listed on Exhibit "B". Submission of proof Page 2 of6 JAC/jc S:\CA\FORMS\License Agreement form 072804.doc _~_~__'_~ft-__~_ " -.........~.~..._-....~- ,----._--,-, of insurance coverage shan be submitted to the City's Risk Manger as a condition precedent to occupancy. Failure to submit proof of continuing coverage, when requested by the City's Risk Manager shan constitute grounds for immediate termination of this agreement. 10. MAINTENANCE OF LICENSED PREMISES AND UTILITIES CITY agrees to provide janitorial services and electricity to the Premises at no additional cost. LICENSEE shan be responsible for providing and paying for an costs associated with telephone and facsimile equipment and any other utility costs and expenses associated with equipment placed on the Premises by LICENSEE. The LICENSEE agrees to maintain the Premises and all personal property placed thereon in accordance with the tenns and conditions of this Agreement and consistent with prudent and wen-reasoned maintenance procedures and techniques. II. AMENDMENTS It is agreed that no modifications, amendment or alteration in the tenns or conditions contained herein shaH be effective unless contained in a written document executed with the same fonnality and of equal dignity herewith. 12. SURRENDER UPON TERMlNA TION Upon the conclusion of the tenn, or upon termination of this Agreement, UCENSEE agrees to peaceably surrender and deliver the premises to the CITY in substantially the same condition as it was delivered to LICENSEE at the beginning of this Agreement, ordinary wear and tear excluded. Furthennore, LICENSEE agrees to remove from the Premises at their expense, any personal property or inventory placed therein. Upon completion of removal the condition of the Premises shall be safe and not a hazard. 13. WAIVER Failure of the CITY to insist upon strict perfonnance of any covenant or condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. 14. TERMINATION This Agreement may be terminated by either party during the tenn hereof upon sixty (60) calendar days written notice to the other of its desire to terminate this Agreement. Page 3 of 6 JAC/jc S:\CA\FORMS\License Agreement form 072804.doc 15. INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the LICENSEE is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The LICENSEE shall retain sole and absolute discretion in the judgment of the manner and means of carrying out LICENSEE's activities and responsibilities hereunder. The LICENSEE agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it make its own investment in its business, and that it will utilize a high level of skill necessary to perfonn the work. This Agreement shall not be construed as creating any joint employment relationship between the LICENSEE and the CITY and the CITY will not be liable for any obligation incurred by LICENSEE, including but not limited to unpaid minimum wages and/or overtime premiums. 16. NOTICES Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, the LICENSEE and the CITY designate the following as the respective places for giving of notice: CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attention: City Manager Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 LICENSEE: Page 4 of 6 JACljc S:\CA\FORMS\License Agreement form 072804.doc _._~..-- . . -.--...~......,""" - _..-~-.....,---~-~=----~--~,..........._~------~-- ,·-,--~~-'<""-,>-~-'=--y't, 17. BINDING AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 18. LA WS AND ORDINANCES LICENSEE shall observe all laws and ordinances of the CITY, county, state, federal or other public agencies directly relating to the operations being conducted on the Premises. 19. SEVERABILITY If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fuBest extent permitted by law. 20. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and the LICENSEE and supersedes all prior negotiations, representations or agreements, either written or oral. THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFf BLANK Page 5 of6 JAC/jc S:\CA \FORMS\License Agreement form 072804.doc IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: Office of the City Attorney LICENSEE Signed and delivered in the presence of: /:: vel wU hff tJcJ. \ ~~ d/JC1/nd;; Print N e Print Name STATE OF FLORIDA COUNTY OF PALM BEACH : ¥h I HEREBY .h~ ~ on Ihi& L day of ~ 2004, before me personally appeared ¿;'" ¡ýI ~au ÁAQ , personally known to be the individual who executed the oregoing instrument and acknowledged before that he executed the same for the [) purpose~ t.1)erein, is personally known to me or produced AM..LtA.5 MÛbr1-C!..I<..... as identification. ~ ~ ~éL/ ~ ..',.......,. lAQUlTTA BOUIE .. fm'''~Y '\ Notary P.ub!ic - ~tate of Roods Not - bh~, State o~da . ª" "É MyCanmS5MÐcpiesFeb23,2008 / -A- DlA I If A- Lt I c:::.... ~ 7~ Commiasion. 00078387 . ~PFf'-~"" Bondoo By National N-'''' AslIn Print Name: -- ~ - ~ O~d3~7 ~ _ _ _ _- _ _ _ _ _ _ _ Commission No. J....¡D ô Commission Expires: :;J.-I :)3/ ð b Page 6 of6 JACljc S:\CA\FORMS\License Agreement form 072804.doc ,~_..-~-....._-,,~--~-.------~-- .....~ --~-----' ---------._~~ "".-~--<~-"-'-"'~ -.-~---- --'~--~"'''''''-------->-~~.~<'--'- ., Exhibit "ß" A.~.tl!lt.. . THIS BINDER IS A TEMPO~š8t CONT~ACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE ;PRoDucER~ ~~ ---~----l" ;QS7-f1f13 I COMPANY ¡ BINDER. i ,( , , . _ I ; Pax: 561--967-7503 -L Nautilus Ins" Cp. ¡ 644234 ¡ EFFECI/VE ,EXPIRÄTION B, . I DATE I TIME '. DATE i TIME arnes nsurance Services rnc r- ¡ I ~ i ¡ Xi ,. i I i x AM ! ~ 12:01 AI< ; 3003 S. Congress Ave., Suite 1 D j 7-30-04 ¡ -11aOO Î PM I 7-30-05 n NOON L..-_~_~__ Lake V¡forth" Fl 33461J ¡ THJSBfNDERISISSUEDTOEXTENDCOVERAGEINTHEABOVENAMEDCOMPANY ¡ CODE: j SUB CODE: ~ I PER EXPIRING POLICY #: ~y------' DESCRIPTION OF OPERATIONSNEHICLESlPROPERTY (Including Location) , CUSTOMER 10: I ¡ INSURED I ! ~ided Path Aca~ Charter School ; ~àed Path Acaden¥ Chart.e.t:' ~l W7lson Reacreatl0nCenter I N Secreat Blvd' Clty of Boynton Bch. Fl 33435 :'Cö"Ä,~~Lo",-J;t)~t,q ,. 311 N. W, 12th Ave ~\,' Y~,~",~,,§';;;;hWS.¥~ .:.~. ,"" _ ' ;PROPERTY . .. TYPEANDLOCATíONOFPROPERTY'" i I I ¡ i Charter School : Gen. Liability 1,000,000 80/20 ! I ¡ SchcxJl Leaders E&O Liabt 1000 ¡ i ! Fidelity Liability I 500,000 IlIAB~UTY COVERAGE/FORMS EACH OCCURRENCE AGGREGATE ! SC~EDULED FORM ~ ¡ COMPREHENSIVE FORM BOOIL Y INJURY $ $ f I I PREMISESlOPERATIONS PROPERTY DAMAGE $ $ r; PRODUCTs/COMPLETED OPERATIONS, BI & PD COMBINED $ $ r----t ! CONTRACTUAl PER PERSON $ I OTHER: MEDICAL PAYMENTS PER ACCIDEm $ ! MEDICAL PAYMEmS PERSONAL INJURY $ ! PERSONAl INJURY FORM: C $ , . '-')MOBfLE lIABIUTY I COMBINED SINGLE LIMIT $ ANY AUTO I BOO/L Y INJURY (Pel" person) $ - i ALL OWNED AUTOS ! BOOll Y INJURY (Pel" accident) $ ! SCHEDULED AUTOS I PROPERTY DAMAGE $ I . HIRED AUTOS MEDICAL PAYMENTS $ NON-QWNED AUTOS PERSONAL INJURY PROT $ I GARAGE LIABILITY UNINSURED MOTORIST $ $ ! AUTO PHYSICAL DAMAGE DEDUCTIBLE ALl VEHICLES U SCHEDULED VEHIClES ACTUAl CASH VALUE . I COlliSION: STATED AMOum $ I OTHER THAN COL: OTHER EXCESS UABlUTY I EACH OCCURRENCE $ UMBRELlA FORM I AGGR~EGA~ ~~ . -- $ OTHER THAN UMBRELlA FORM SELF-INSURED R~IffION $ STATUTORY LIMITS WORKER'S COMPENSATION I EACH ACCIDENT $ , I , AND EMPLOYER"S lIABlUTY I DISEASE - POLICY UMIT $ I DISEASE - EACH EMPLOYEE $ SPECIAL CONDlTIONSI OrnER COVERAGES t;!Þ,{~~~~~Jiít;~l?fi..~/~~~~f~~Ri_'!.· -i.<¢'S! ~w_... ':-'-.~"'" --_~~ City of Boynton Wilson Recreation Center 311 NW 13th Street Boynton Beach, Fl 33435 ': ~o-s;;---;;. "-<'--=------ -.-., - _~i_......-~.,,_ - ---.-----_.-....._...........~~...-:,-.....- ~~ -- "",,~-~ - -- ~-- ~-. ._<---~_..~..-.---", <-_.---~-~- '---.., - ~----~-- VI.-CONSENT AGENDA ITEM E.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 ~ Augustl7,2oo4 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans 0 NATURE OF ~ Consent Agenda 0 New Business 0 C")...-1 :::¡-< AGENDA ITEM 0 Public Hearing 0 Legal :;po --<0 c::: ç")-r\ 0 Bids 0 UnfInished Business G) ,co - ,-" 0 0 Announcement 0 Presentation - ·.:G-( '.;'~% 0 City Manager's Report -0 r ,-;-1 -.,- - C> --"'" oz - -r¡co .. -:! 11 RECOMMENDATION: Please place this request on the August 17, 2004 City Commission Agenda un~Co~ Agenda. The Community Redevelopment Agency Board with a unanimous vote (6 to 0), recommended that the subject be ::I: approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-191. EXPLANATION: PROJECT: Waterside (HTEX 04-003) AGENT: Charles Robertson, Southern Homes OWNER: Southern Homes of Palm Beach, LLC LOCATION: 3655 North Federal Highway DESCRIPTION: Request for a height exception of seven (7) feet - fIve (5) inches to allow a decorative cupola to extend above the 45-foot maximum height provision in the Infil1 Planned Unit Development (IPOD) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~/ A~>"$~Devel men Department Director lty Manager's Signature 1Iv~~ City Attorney / Finance / Human Resources Planning and Zonin ector S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Waterside\HTEX 04"()03\Agenda Item Request Waterside HTEX 04-003 - 8-17- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-191 TO: Chairman and Members Community Redevelopment Agency THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP tt- Planner DATE: August 4, 2004 PROJECT: Waterside / HTEX 04-003 REQUEST: Height Exception of Seven (7) feet - five (5) inches PROJECT DESCRIPTION Property Owner: Southern Homes of Palm Beach, LLC Applicant: Mr. Charles Robertson / Southern Homes Location: East side of Federal Highway, south of Palmer Road and north of Chukker Road (see Location Map - Exhibit "A") Existing Land Use: Special High Density Residential (SHDR - 20 du/ac) Existing Zoning: Infill Planned Unit Development (IPUD - 20 du/ac) Proposed Use: 113 fee-simple townhouses Acreage: 317,676 square feet (7.2928 acres) Adjacent Uses: North: Beginning at Federal Highway extending easterly 150 feet is developed commercial property, with an unincorporated Palm Beach County Commercial High (CHIS) land use classification and unincorporated Palm Beach County General Commercial (CG) zoning. The majority of the use to the north is comprised of the Palmer Road right- of-way, then farther north is developed residential property with an unincorporated Palm Beach County Medium Density Residential (MR-5) land use classification, and unincorporated Palm Beach County Residential Multi-family (RM) zoning. South: Right-of-way for Chukker Road, then farther south beginning at Federal Highway extending easterly 150 feet is vacant commercial, with an unincorporated Palm Beach County Commercial High (CHIS) land use classification, and unincorporated Palm Beach County General Commercial (CG) zoning. The majority of the use to the south is developed residential with an unincorporated Palm Beach County Medium Residential (MR-5) land use classification, and unincorporated Palm Beach County Residential MUlti-family (RM) zoning. - ~ . ...__.-. _~__ o~_____',,"-"-"_-"'''''''_--<i'''''';;'·>__~'___ .- -. "~_ >...~~""'~_~_""'·~,.-_o __ ~~ _, -_ ¡... Page 2 Memorandum No. PZ 04-191 East: A majority of the use to the east is right-of-way for the Intracoastal Waterway. However, a portion of the use is comprised of a finger canal of the Intracoastal Waterway as well as developed residential with an unincorporated Palm Beach County Medium Density Residential (MR-5) land use classification, and unincorporated Palm Beach County Residential Multi-family (RM) zoning. West: Right-of-way for Federal Highway, then further west is undeveloped residential (approved for Oceanside NWSP 04-004) with a Special High Density Residential (SHDR) land use classification, zoned Infill Planned Unit Development (IPUD) BACKGROUND The applicant submitted a request for new site plan (NWSP 04-003) approval for the construction of 113 townhouses. The City Commission approved the site plan on July 20, 2004, contingent upon the review and approval of a height exception for the clubhouse. This application represents the request for height exception. The maximum building height in the IPUD zoning district is 45 feet and the building cannot exceed four (4) stories. All the townhouse buildings proposed within the Waterside development were under four (4) stories tall and less than 45 feet in height, and therefore, met the district's height limitation. Ukewise, the mean building height of the three (3)-story clubhouse building was proposed at 39 feet - four (4) inches and also met the district's height limitation. However, the decorative cupola proposed on top of the clubhouse exceeds 45 feet and therefore, would require the approval of a height exception. The elevations (see - Exhibit "B") show that the most prominent feature of the first floor of the clubhouse would be its hollow cavity, which would allow an unobstructed view from Federal Highway to the Intracoastal Waterway. The actual air- conditioned areas of the building would occur only on the second and third floors. ANALYSIS Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (MU-H) zoning districts, the standard citywide maximum building height is 45 feet. The subject property lies within the IPUD zoning district and therefore, the maximum building height is 45 feet. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Umitations and Exceptions, states that in considering an application for an exception to the district height regulation, the aty Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The building as shown on the elevations (see Exhibit "B") is proposed at 39 feet - four (4) inches in height. Therefore, the proposed building complies with the maximum allowable building height in the IPUD zoning district. However, the peak of the pitched roof (of the decorative cupola) would be 52 feet - five (5) inches in height and therefore, would require a height exception of seven (7) feet - five (5)-inches. Typically, roofs and parapet walls that conceal electrical and mechanical support systems are eligible to be considered for height exceptions. Ukewise, decorative cupolas are structures eligible for height exceptions. In considering an application for exception to district height regulations, the City Commission shall make findings indicating that the proposed exception has been studied and considered in relation to specific standards. One of these standards is measuring the effect or perceived impact, if any, the structure would have on neighboring properties. The exception would not have an adverse effect on the existing and proposed land uses. When evaluating potential negative impacts, among other criteria, staff Is concerned with the distance of the spire to the nearest single-family zoning district. However, this is not an Issue with this project. The subject property borders Federal Highway to the west and the Intracoastal Waterway to the east. Also, the properties to the Page 3 Memorandum No. PZ 04-191 north and south are zoned Palm Beach County Residential Multi-family (RM). The site plan (see Exhibit "B" - sheet SP1 of 2) shows that the clubhouse building would be approximately 115 feet away from the north property line and nearly 160 feet from the south property line. Therefore, the decorative cupola would not negatively impact adjacent properties in terms of reducing light or air. The height exception would not adversely effect property values in adjacent areas or adversely influence the living conditions in neighboring communities. The decorative cupola would serve no other purpose aside from aesthetic value and appeal. The building could function without the cupola, however, it would be more plain and not in keeping with the high quality of the Waterside development. Granting of this height exception does not constitute a special privilege to the current property owner. Staff feels that the decorative cupola would enhance the overall project dynamic and its exclusion would be detrimental to the clubhouse design. Therefore, staff determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. of the Land Development Regulations. RECOMMENDATION Based on the analysis contained herein, staff recommends that this request for a height exception of seven (7) feet - (5) Inches be approved for the proposed cupola. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval accordingly. S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Waterside\HTEX 04-OO3\Staff Report.doc r-_~'--- _'J'~_."'-~'~_____'_-"~~"'> ,- --....................,..~~;....-¥-,-~~-. ·__'~hL",_ "-I. WATERSIDE: LOCATION MAP EXHIBIT A ~ LEGEND . . . - - ~ W+. ..... CI9 Boa....., FutuN Lud U"'I . LaC · Local Retail Commercial 1 .' . .. . .. . EXHf8IT IIBII z ~ . !r 11 11 ~ ¡Ø ~ ¡1 ~t ~ It i, ~ . I § ~ ; . n - ~ I I f . . - 8 I II II I ~ I I 1'1 I I II 1m a.uBHOUSE TI:IPDD WATERSIDE - 'PI all ,oa __or .,IJ ~ !:i~iill f SOUTHU.N HOMES &iF un .. flDIIAL "IO"WAY d,! : IOYTO" IIAC". 'LOallA lUll .-< ._-..~_.,,,-.~~-~.,"- -- "..- --- ,~<-~---. ----~.'- - .---,-,-.,,-~>---_.--'-- .--,-- ~_ __'-.~__~",~-_c-----=-_,_"_'__·____·_· EXHIBIT "B" --~ ______ _~ I --- ~- ~- --- ~-- :i~ -'- _h.. .,..~~~ j 'I 7Î' --- --- J Sg¡¡~ --- :II . . . u. -..; }¡':::¡¡::'7fJ f!!:!.~",. ~~--- ~ -Vï·M7.¡. f1ìD¡-~ ----- ~. ---- ~ z'" ~ J '""'-' n - ---- 1'. ,UY :~. '/i.1JJJ1fJt ~ . . v ;) ì · i", ~. II';; ¡~'I I ! , ! í 09 l'-lj ~ - ' , v, , I IIII HI ï '. 1'- ~ ~.--z I " n ~ ( _ "" .. = """i'-'~ j - .. ,I; /lb I r r r i I I· - ~~ -. .., ~ -- r" . T i i Ii " 'D f · f@þ ".~ ~ I · ¡II!'I· _ . ~ I J 1./ I Id] . 1'$ ~ ' · · -. - · / I. - ,~//: i·~ -i) ~.:t I .... ~ ~ ~ " 'I o . Q .J! _ c> ' I I" i' ~ : ~ ."" 'h I f ... Ii, . W,.J·I · -:::. .. · , & . . , l I u. ' '.e . II Ii I I 1~'" I f f--_ ; iLL rf·... 10 r.t.¡ " r!' 'I · f- ~ 51 !i~íi¡;I;;¡i'iø 11 Ii · · " '" " '~h i p ~ ~ I r I ill;, ~ ' ~ ;r'1 1 , ~ ' , , ~ ' ¡! 'I! J! ¡ !II ~ - Ii II · , J · · It · I' .!jalllr ! "/1 '1 It " I. f- !f I il ¡I !.; II; . I I h ;r, · -. ,.e . II' · 1;111 ,~. I - '1 10 . .l .., "1 ' , .1 I [ I 'i; f.11 h! I I rli ,J · I 1-'. .] · · .: ~ I ~I I · II, I pi II I ,.J. I !fi,'I. If I I@ " l i I; I, ~ fit I \. ( ~ ~ .' - r - ~Î-- I. ~ J I C ì ~1 ~,.. I · . ¡:-+- ~ 1 rï · . , ..... ;_ ci I ~'.. !/ II I [r. :: · ~ i !I hI, I ---- i II I i Þ- ~ I. " - J II} . ~ II . t· ~ ' 1:: ~ 'Gle{ ~j~ ,~ . t CD I 1/ ~ J I LJ..1c1-Ll..J ~,.,.. \ ~ "" ..,.. "' OJ ~III ~ @I . I -..... ;:~.J L~L] It) EXHIBIT "C" Conditions of Approval Project name: Waterside File number: HTEX 04-003 Reference: ElevatIOn draWlllgS with a June 18 2004 date stamD marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X I Comments: None UTILITIES I I I 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:iPlanninglSHAREDIWPIPROJECfSlSouthern Homes ofPahn BeacblWatersideIHTEX 04-003ICOAdoc " -~ ~....~.- --~,.......~-~.. ~,-----._._~------~ ....."'_.... -..._---~ --- .>=_.~---,-< ,--,,,"'----- .'-õ>-->~~; '_._i.___ -<,--- DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Waterside APPLICANT'S AGENT: Mr. Charles Robertson / Southern Homes APPLICANT'S ADDRESS: 12900 Southwest 128th Street, Suite 100 Miami, Florida 33186 DATE OF RA TIFICA TION HEARING BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request a height exception of seven (7) feet - five (5) inches to allow a decorative cupola to exceed the maximum height allowed in the IPUD zoning district. lOCATION OF PROPERTY: 3655 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency 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\Southem Homes of Palm Beach\Waterside\HTEX 04-003\DO.doc ~._~~___~y_~_~~~ .~....~_........-:_..___,,--._~ ~,*~~-.---'_--.o-,_-<,,_",,~__,_,,_>'¡"__ VI.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 [8J August 17, 2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November I, 2004 D Administrative D Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing D Legal 0 Bids D Unímished Business 0 Announcement 0 Presentation D City Manager's Report RECOMMENDATION: Approve the donation fÌom monies fÌom the State Confiscated Funds to the Palm Beach County Crime Prevention Officers Association in the amount of$I,OOO.OO. EXPLANATION: The Palm Beach County c.P.O.A. is an organization of Palm Beach County Police Agencies. As the major goal of this ('"') organization is the safety and welfare of all citizens of Palm Beach County, they continually search out and presen~w ~ prevention techniques and safety programs for use and presentations. Their organization wishes to assist all agencieiSand:u¡e< citizens of Palm Beach County. )::00 -<0 C ':I ..,., This donation complies with Florida Statute 932.7055(4)(c). <,-, "-m I , "0 w ;:o~)-< PROGRAM IMPACT: :;:<;:z: :Þo> ..;~ :x ~C> FISCAL Il\1P ACT: Oz C) m State Confiscated Funds are available in account 691-5000-590-04-25. ., -r;CD -rTl U1 nJ> w fTln ALTERNATIVES: ~Si__ :I: ~Jf!~--- Department Head's Signature Police µR W/J_ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one COPy of aaenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P &. D/CRA Requests Deadline Commission Meeting Clerk's Office Dates o Au ust 3,2004 cg] Au ust 17 2004 o Se tember 7, 2004 o Se tember 21 2004 o October 5, 2004 o October 19, 2004 o November 3 2004 o November 16, 2004 Departments are responsible for securing the following si natures on attached A end a Re uest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initials: Please do not write in the shaded area below. LegalDepartmentsignature D City Manager's signature D ITEM RETURNED· FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Ihcompletesubmittal 0 Missed deadline 0 Other 0 Reason: Person contacted to .pick up rejected request on (Date) by bg - 7/19/02 Document2 ~ -........,~".~-~- - _.~-<-~~.~ ~,~ __~.-u__~_~,...~_~_~_",,",_,_._-., _,_ ~_ '_________._ -,-_","_~..~__o__ _, _ ___~,~, PALM BEAGH GOUNTY GRIME PREVENTION OFFIGERS ASSOGIATION INCORPORATED P.O. Box 17031 . WEST PALM BEACH, FL 33416-7031 July 21, 2004 Chief Marshall Gage Boynton Beach Police Department PO Bmo: ~10 Boynton Beach, FL 33425 Dear Chief Gage, The Palm Beach County Crime Prevention Officer's Association Inc. is an organization of Palm Beach County Police Agencies', the Sheriff's Office Crime Prevention Officers and Practitioners working together for the benefit of the citizens of Palm Beach County. Included in the membership are agencies also working for the betterment of adults, young people, and children such as D.A.T.A. (Drug Abuse Treatment Association), Palm Beach County School Police, campus law enforcement from Florida Atlantic University, CrimeWatch America, Crime Stoppers and Goodknight Child Empowerment. With this collaboration of agencies a networking source is achieved - sharing of information, knowledge, educational opportunities and ideas. As the major goal of this organization is the safety and welfare of all citizens of Palm Beach County, we continually search out and present new crime prevention techniques and safety programs for use and presentations.. Our organization wishes to assist all agencies and the citizens of Palm Beach County. However, without a sufficient budget, we are not able to provide the training, programs, and pæstontation WI:: woulò like to provide to our citizens and ottìcers. Weare asking each department to assist us with a donation ITom your LEAF funds so that we may assist the citizens of Palm Beach County and to raise the bar on our crime prevention efforts within our communities. Sincer~Þ" _ A~~ .... Sonj avey t.,../ PreSI ent Palm Beach County Crime Prevention Officer's Association Inc. ~~'{;~. ")~,~ CITY OF BOYNTON BEACH, FLORIDA Oy INTER-OFFICE MEMORANDUM ~ TO: Marshall B. Gage, DATE: July 30, 2004 FILE: Chief of Police ~L SUBJECT: CPOA Funding FROM: J 0 Hu n n, Officer REFERENCES: CPOA Letter Crime Prevention Unit via Lisa Lillie, Sergeant Special Services ENCLOSURES: I have reviewed the letter from CPOA President SQnja Heavey. As a current member of the CPOA, I concur that the CPOA needs funding assistance from participating agencies. In the past, the CPOA members have participated in fundraising efforts in order to raise funds for special civic groups; i.e. D.A.T.A., as well as assisting crime prevention officers with necessary training. Unfortunately, not all members agree with the fundraising and the burden often falls on a select few. I was one of those select few when I held the fundraising event at the Boynton Beach Mall this past year. A lot of hard work went into raising funds necessary to accomplish our goals. Assistance from the LEAF fund will certainly help the CPOA reach its' goals. '~~"""-"~-~"--'----~ . ~---- -, _____~-.-.....____o_~~...~_"'_'_-,...<"_,. ,,_._,",,_~_._..._.... ~_v....~_ ,____..,.__ _. VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August 3, 2004 (Noon.) July 19,2004 c=J October 5, 2004 (Noon) September 20,2004 ~ August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 c=J September 21, 2004 (Noon) September 7, 2004 D Novemberl6,2004 (Noon) November 1,2004 D Administrative 0 Development Plans NATURE OF ~ Consent Agenda D New Business AGENDA ITEM 0 Public Hearing D Legal n D a 0-1 0 Bids Unfinished Business ..:::- =i-< 0 D <- -<0 Announcement Presentation C .:> -r¡ D City Manager's Report w ,.- CD '·-;-'0 c:> ~-< -':;z " V)-I RECOMMENDATION: ~~ 0 Oz - -'1 .. -r¡CD Return cash bond of$ 935.00 to Martin's BBQ, Inc. for the project known as Sonny's Bar-B-Q. w -1""'1 oJ> \.0 fTJ("') ::x: EXPLANATION: On December 11,2001, the Building Division sent to the Finance Department a cash bond of $ 935.00 for the completion of the permitted work for the project knO\\-l1 as Sonny's Bar-B-Q located at 399 Winchester Park Boulevard. The work has been completed and the Certificate of Occupancy was issued on December 18, 2001. PROGRAM IMP ACT: None FISCAL IMP ACT: None ALTERNATIVE~ ~ Quintus L. Greene, evelopment Director City Manager's Signature Development Department ~J{L Department Name City Attorney 7 Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH 6-- ..' ~ P.O. BOX 310 0/-'00;;'" BOYNTON BEACH FL 33425 C E R T I F I CAT E o F OCCUPANCY PER MAN E N T Issue Date · · · 12/18/01 Parcel Number . · · · 08-43-45-19-05-042-0011 Property Address · · · 399 WINCHESTER PARK BLVD BOYNTON BEACH FL 33436 subdivision Name · · Legal Description . · · 19-45-43, PB79P19 TH PT OF S 320 FT OF TR 42 LYG W OF WINCHESTER PARK BLVD & E 15 FT OF ABND RD LYG W OF & Property Zoning · · · COMMUNITY COMMERCIAL Owner . . . · · · · PALM BEACH BBQ INC. Contractor · · · · BRYANT CONSTRUCTION CO.,INC 352 378-2557 Application number . · 01-00000802 000 000 Description of Work . · COMMERCIAL BUILDING Construction type · · TYPE VI/UNPROTECTED Occupancy type · · BUSINESS Flood Zone · · · · · Special conditions · SONNY'S BAR-B-Q FINISH FLOOR ELEV 16.5' AS IDENTIFIED ON THE FLOOD ELEVATION CERTIFICATE ~ Approved Æ--L . · · · · · BUildi~-~ VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT ""A" --.......----.-.-..-....--....-..... . - ...---..........-- ~-"-- "'" -=<~~ ,<----"'?"->---~. DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-271 TO: Diane Reese, Finance Director '\ q FROM: Don Johnson, Bnilding Official t0J{ DATE: December 11,2001 SUBJECT: CASH BOND - SONNY'S BAR-B-Q - 399 WINCHESTER PARK BLVD. Attached is a check for $935.00 from Martin's BBQ, Inc. This is a cash surety for Sonny's Bar-B-Q and is to be held until all outstanding issues of their temporary Certificate of Completion are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Completion, the surety will be returned. DJ:rs Attachments/check/letter from Rick Abt XC: Timothy K. Large, Building Code Administrator Permit File # 01-802 Rick Abt, Landscape Architect / David Boyce 933 Lee Rd., First Floor, Orlando, FL 32810 S:\DeveJopmentìBuiJding Div\Documents\Memos in Word\Cash Bond - Sonnys Bar-B-Q OI-802.doc EXHIBIT "B" DAVID BOYCE ARCHITECT 933 LEE ROAD, FIRST FLOOR ORLANDO,FL32810 PH 407.645.5008 FX 407.629.9124 December 10, 2001 City of Boynton Beach Department of Development 100 east Boynton Beach Boulevard Boynton Beach, Florida 33425 Reference: Missing Trees IP # 2000.0356 Sonny's @ Boynton Beach, Florida To whom it may concern: It has come to my attention that two oak trees were omitted, and one mahogany tree that was installed needs to be replaced. The value of these three trees would be approximately $850,00, It is my understanding the project owner will provide a surety bond for the value of the trees and they wíll be installed as soon as they are available, Please feel free to call if I can answer any questions. Thanks. Rick Abt Landscape Architect cc: Tate Williams; David Boyce; Truman Gee; File EXHIBIT "D" ~®n~rf¡Wnq.OJ56~Mrl6fc5F o n se ces or restaurant reTail, nosplTall1Y and commercial programs . dboyce@interplanorlando.com ~._--~._.~,~........,,~.....,........~~ -.:-~ ---. _c ,~._,.~,,_____<-_~o. ...__h,'- _., "_, _'u_' _~.~>.>___ ___~ _,_~_" <_~___'<..._~._...._~,~ _-0-_____ ___~ VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 [8J August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 o September 2 I , 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 ('") a 0-. r- .... :::¡-< 0 Administrative 0 Development Plans <- -<0 c NATURE OF [8J Consent Agenda 0 New Business r- 0'<1 '-CJ c....> ¡"'I 0 AGENDA ITEM 0 Public Hearing 0 Legal C> ?.;:?-< D Bids 0 Unfmished Business -0 ---: z ...,.,.. {./) --4 ~ C) 0 Announcement 0 Presentation O:z: - 'l .. 'leD 0 City Manager's Report w -", 0:> \D "'n -'- RECOMMENDATION: Return cash bond of$4,481.00 to Florida Apple 5 LLC for the project known as Applebee's Neighborhood Bar and Grill. EXPLANATION: On March 12, 2002, the Building Division sent to the Finance Department a cash bond of $4,481.00 for the completion of the permitted work for the project known as Applebee's Neighborhood Bar and Grill located at 1570 Boynton Beach Boulevard. The work has been completed and the Certificate of Occupancy was issued on May 23, 2002. PROGRAM IMP ACT: None FISCAL IMP ACT: None ALTERNATl~ ~ i' j Quintus . reene, Development Dlfector City Manager's Signature Development Department ~ Department Name City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 - 01-3802 CERTIFICATE o F OCCUPANCY PERMANENT Issue Date · · · 5/23/02 Parcel Number . · · · 08-43-45-30-26-001-0040 Property Address · · · 1570 W BOYNTON BEACH BLVD BOYNTON BEACH FL 33436 Subdivision Name · · · Legal Description · · · Property Zoning · · · PLANNED COMMERCIAL DEV. Owner · · · FLORIDA APPLE. LLC. Contractor · · · METROPOLITAN CONSTRUCTION MGMT 407 933-0331 Application number · · 01-00003802 000 000 Description of Work · · COMMERCIAL BUILDING Construction type · · TYPE IV/UNPROTECTED Occupancy type · · · ASSEMBLY Flood Zone . · · Special conditions · · APPLEBEE'S FINISH FLOOR ELEV 15.10' AS IDENTIFIED ON THE FLOOD ELEVATION CERTIFICATE Approved . · · · VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT" A" ~--"""""--",,=,",,._--~_.~,~---~...--......._~---- -- '~'----""'-"'''''''~'-------'.'''---"'-~.-;.' DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-052 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official ~ DATE: March 12, 2002 SUBJECT: CASH BOND - APPLEBEE'S NEIGHBORHOOD BAR AND GRILL- 1570 BOYNTON BEACH BLVD., BOYNTON BEACH Attached is a check for $4,481.00 rrom Florida Apple 5 LLC. This is a cash surety for Applebee's Neighborhood Bar and Grill 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 pennit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter rrom Larry D. Nuzum and check XC: Timothy K. Large, Building Code Administrator Pennit File # 01-3802 S:\Development\BuiJding Div\Document5lMemos in Word\Cash Bonds - 2002\Cash Bond - Applebees OI-3802.dot EXHIBIT "B" .. - WALTON H. CHANCEY & ASSOCIATES A R c H I T E C T S P A architecture . land planning . interior design March 7, 2002 City of Boynton Beach Building Department 100 East Boynton Beach, Blvd. Boynton Beach, FL 33425-0310 Attention: Mr. Don Johnson RE: Project Number: 01-3802 Project: Applebee's Neighborhood Bar and Grill, 1570 Boynton Beach Blvd., Boynton Beach, FL 33436 Dear Mr. Johnson: This letter is to certify, to the best of our knowledge, the construction values left to be performed under the current permits, on the above referenced project, in order to enable the owner to apply for a Temporary / Partial Occupancy Request. We will be addressing the building permitting portions only. The following permit status is as follows: BUILDING (Note: Values include labor, materials and G.C. Overhead and Profit.) Description Outstanding items Value of outstanding items Clearing and Grubbing 100% Completed $00.00 Excavation 100% Completed $00.00 Fill 100% Completed $00.00 Building 100% completed except tor Humcane Shutters $2,653.00 Rooting 100% Completed $00.00 Mechanical (Tropic Cool HVAC) 100% Completed $00.00 Mechanical (Tropic Cool Hoods) 100% Completed $00.00 Mechanical (Smithco Cooler/Freezer) 100% Completed $00.00 Plumbing' (Building only) 98% Completed (Water test to be performed today; add shut off valve and feed tor coffeemaker is all that is left.) $1,000.00 Electrical 100% Completed except tor Smoke Detector Testing and Photometries (This will take place today) $00.00 Electrical (Harmony Music & Sound) 100% Completed $00.00 TOTAL: $3.653.00 The surety requirement per the City of Boynton Beach Ordinance 106.1.3 shall be 110% of the above total value or $3.653.00 x 1.1 = $4,018.30. EXHIBIT "D" Tampa: 1860 Republica de Cuba Tampa. Florida 33605 Phone: (813) 248-9258 Fax: (813) 247-3507 Seagrove: 5365 East County Highway 30A Suite 108 Seagrove Beach. Florida 32459 Phone: (850) 231-2057 Fax: (850) 231-3553 AA 1785 . Member of the American Institute of Architects . www.chonceydesign.com .---- ~ .. ~...._..-.---~,,- ~-- ~ _~_,_..._~______<L.---..._.~ .. ~ ---~-~--.--~-~,. .~-,~- - -~ The following will be addressed under a separate letter from the Civil Engineer of Record: SITE WORK Drainage Plumbing (Irrigation well) Plumbing (Irrigation) landscaping Paving I really appreciated your help and the time that was spent by telephone this afternoon in discussing the requirements for this letter. It was very helpful. If you require any additional information please give me a call at 813.248.9258. Thank you. Sincerely, Signed and Sealed By: ~ walta~~eY Larry D. Nuzum Senior Project Manager Principa . / / Date: (( ~ 7, 0 ~ CC: Jon Davidson, File. ~=r~ Kimley-Horn and Associates, Inc. March 7, 2002 . 047402000 Suite 400 601 21st Street Building Department Vera Beach. Fiorlca Attn: Don Johnson 32960 City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33425 Re: Applebee's Boynton Beach Project Status - Certification Permit #01-3662 This letter will serve as my certification that there remains approximately $828.00 outstanding work to complete the on-site landscaping at the Applebee's Restaurant project at 1570 West Boynton Beach Boulevard. This includes the installation of sod, mulch, and miscellaneous shrubs. We base this certification on periodic site observations performed by Kimley- Horn during the construction phase and as of our March 7,2002 site visit. Please contact me at 561/794-4040 with any questions or concerns you may have. Sincerely, LEY-HORN AND ASSOCIATES, INC. , I Roscoe L. Biby, P.E. FL. Req. # 34789 Attachments cc: Jon Davidson Via Facsimile 941/540-0904 Chris Ralph EXHIBIT "E" . TEL 561 562 ì981 \\DOGBERn VOll \PROJECnPROJECT,4 74020001 WPICORRESPVohnson2.doc F.4X 561 562 9689 <..-...--~- . ....._..~ _,fi,-~_ . ~_~.._~__.__~~.........,.O.,,--A~-'._""___""""""__'-~.- < --. _~L_'~·~~___.""--~_~t VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Otlice o August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 [g August 17,2004 (Noon) August 2,2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3,2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF [g Consent Agenda 0 New Business ("") a ("")=i AGENDA ITEM .¡;- 0 Public Hearing 0 Legal =i-< <- -<0 0 0 c:: Bids Unfmished Business r- n-'-' 0 0 W '-w Announcement Presentation C) 2;0 0 ~-< City Manager's Report --0 ~·-:z UJ-i 3: .~o - ' 2: '1 .. -r¡ CD RECOMMENDATION: .¡;:- -fTl C) g."1> ("") Return cash bond of$2,173.00 to Sakae Japanese Restaurant for the project known as Sakae Japanese Restaurant. :r: EXPLANATION: On November 15, 2001, the Building Division sent to the Finance Department a cash bond of$2,173.00 for the completion of the pennitted work for the project known as Sakae Japanese Restaurant located at 338 North Congress Avenue. The work has been completed and the Certificate of Occupancy was issued on December 12, 2001. PROGRAMIMPACT:No~ FISCAL IMP ACT: None ALTERNATIVES~ ~M~S;~_ / W Quintus L.lóreene, evelopment Director Development Department ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH ../" /. -- ..~. ~..-- , P.O. BOX 310 (')1- cX:H5 BOYNTON BEACH FL 33425 C E R T I F I CAT B o F OCCUPANCY PER MAN E N T Issue Date · · · 12/12/01 Parcel Number · · · · · 08-43-45-20-01-338-0570 Property Address · 338 N CONGRESS AVE BOYNTON BEACH FL 33426 Subdivision Name · · Legal Description · · Property Zoning · · · · SINGLE FAMILY (5.40) Owner . . . . · · · · · E & A ACQUISITION TWO, LP Contractor . · · · · CHINOOK CONSTRUCTION, INC. 954 776-6700 Application number · · 01-00000045 000 000 Description of Work · · BLDG-MISC construction type · Occupancy type · · · · Flood Zone · · · · Special conditions · · SAKAE RESTAURANT ~~~~rc:; Approved . · · · VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT" A" "- . ~-...............~-,->.~.~- - "---"-~""""""'~--"-'--'--__"'-'~"'o__c_> _ _ -"~""''''''''-~~''''''---'''''"~--''--- DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-245 TO: Diane-Reese, Finance Director FROM: Don Johnson, Building Official.tÌå DATE: November 15,2001 SlJBJECT: CASH BOND - SAKAE JAPANESE RESTAURANT - 338 NORTH CONGRESS AVE. Attached are cashier's checks for $1,953.00 and $220.00 from Sakae Japanese Restaurant. This is a cash surety for Sakae Japanese Restaurant and is to be held until all outstanding issues of their temporary Certificate of Completion are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Completion, the surety will be returned. DJ:rs . Attachmentsíchecks/letter from Tadanori Okazaki XC: Timothy K. Large, Building Code Administrator Permit File # 01-0045 J: \SHRD A T A \Development\Building Div\Documents\Memos in W ord\Cash Bond - Sakae Japanese Restaurant.doc EXHIBIT '"B" II - ~~~§'e~ Te~h 13 Highland Drive, Ardsley, N.Y. 1050:: « Shin po Authorized Regional Distributor Tel: (914) 693-0936' Fax: (914) 693-0524 www.roaster-tech.com· E-mail: roastertec@aol.com November 9th 2001 City of Boynton Beach, FL Mr. Don Johnson Dear Mr. Johnson We are writing for SAKAE JAPANESE RESTAURANT (340 N. Congress A v~nqe, Boynton Beach Florida 33426). We have a contract of our smokeless Hibachi Table TGU-08, 4 tables sales with $27,500.00 charge on October 6th 2000. . Payment has been completed. We have shipped these 4 tables on 5th of November and arrival has been confirmed on 8th of November. If you have any question about this matter we are happy to answer or provide information. Thank you very much ." ..-------;7,...-:/ -. ..J..._ TiJfi~~Okf~Ö State of New~ } 88 County of v...tch.... q ð Signed before me tit .. ,'J 2~t1- 20 (7' I Day of IV t· ....... 1 /'., _ II''Yrit4~ . /;-""-1/(. !, It-- d t "t-- V{. l..'-' . ANOItEA T RQSEN8SIR'f NDIICIy rutile . S1ate d New 'tcII!t NO. 01 AC-4936.509 QuaIfted in W&S'c:hester Tetm ~ SeptemÞØt 6. '" EXHIBIT "D" .__....'_____~__........".~.., .a ... ",,,--.;> ..,..~-. ___,_~_,","__"",__,,,,,,__,________~c "~>o<,_-_.>_____ _..__>_.___,_____.._""'_~_~_._>_~---~ _. _..._. VI.-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5,2004 (Noon) September 20, 2004 [g August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November], 2004 CJ 0 Administrative 0 Development Plans c::> C")~ [g 0 .¡:- =i-< NATURE OF Consent Agenda New Business ;po ~.<c> AGENDA ITEM 0 0 c:: ,-:-;Þ -,-, Public Hearing Legal G"> '-GJ 0 0 I '>'10 Bids Unfrnished Business N ::;:J-< 0 0 :;:" :z: Announcement Presentation ;po u~--{ :x 0 0 City Manager's Report - c:> :z: - 110:1 .. :}fT1 N ç")J:> Ul fT1('") RECOMMENDATION: Motion to approve the Greenway I Bikeway Plan in concept. A Sunnnary Report has been :t: previously distributed to the Conmrission. The fmal report will be completed by September 15,2004. Further modifications to routes etc. will be considered as part of the Comprehensive Master Plan Update, which is currently in progress. EXPLANATION: The consulting fmn URS has used an extensive public involvement program to prepare a comprehensive Greenway !Bikeway program for the city. The resulting plans features bikeway and greenway routes throughout the city. Several key locations in the plan are under consideration for development. By adopting this plan in concept at this time the city will be demonstrating flexibility in the negotiation process so that routes and green space can planed in a systematic fashion without hindering the development process. PROGRAM IMP ACT: The city is currently applying for a number of grants for recreation and green space acquisition and development. Points are given in a number of these programs based on the city having an approved Greenways and Bikeways Plan. Significant among these is a grant we are applying for to acquire the Jaycee Park Property. FISCAL IMP ACT: The department has applied for a $1,700,000 grant through the Florida Communities Trust Program for the acquisition of the Jaycee Park Property. Additional points will be awarded to the city based on having an approved greenways plan. These points are critical if the application is to remain competitive in the process. A number of other grant programs also include points provided the applicant has an approved greenway plan. ALTERNATIVES: Defer the approval of the plan at this time and risk denial of a number of our grant applications. ~ÚY~//1f.~ ~ . / Department Head's SIgnature! > City Manager's SIgnature Recreation and Parks City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ,,_.--....-~~~ _. ~___. _.__..._=_____~ ,_____<_~_,.._____~_..,._~_~. _~=""'__ '0- z_,~*---_ '. . _ ~"'''''"_''.-V'C'_;'''__'__=>'''''''_'.___-_-.___'~________ AGENDA 8/17/04 CONSENT AGENDA ITEM #VI, ITEM J IS A LARGE PLAN AND CAN BE FOUND BEHIND THE ORIGINAL AGENDA THAT IS STORED IN THE VAULT BEHIND THE MINUTES OF THIS MEETING. , -J t- _<""........._/_.~-____~~__.._,-. --.",..-~-..-....>-"".- VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting: Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19, 2004 c=J October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2, 2004 c=J October 19, 2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1,2004 c=J Administrative c=J Development Plans NATURE OF c=J Consent Agenda c=J New Business AGENDA ITEM ~ Public Hearing c=J Legal c=J Bids 0 UnfInished Business 0 Announcement 0 Presentation c=J City Manager's Report RECOMMENDATION: Please maintain this request on the August 17,2004 City Connnission Agenda under Publíc Hearing as tabled to September 7,2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-151. EXPLANATION: PROJECT: Lake Drive North (ABAN 04-003) AGENT: Rodney Regan OWNER: Avon Investments, Inc. LOCATION: 2625 Lake Drive North DESCRIPTION: Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~s Development pa e Director Ity anager sIgnature ~£gL~i-o, City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\Lake Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 I st reading 8-17 -o4.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF AN 4.2 FOOT WIDE EASEMENT 6 LOCATED IN LAKESIDE GARDENS, (ABAN 04-003), 7 SUBJECT TO STAFF COMMENTS; AUTHORIZING 8 THE CITY MANAGER TO EXECUTE A DISCLAIMER, 9 WIllCH SHALL BE RECORDED WITH THIS 10 ORDINANCE IN THE PUBliC RECORDS OF PALM 11 BEACH COUNTY, FLORIDA; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, Avon Investments, Inc., through its agent, Rodney J. Regan, is 15 requesting abandonment of a 4.2 foot wide unimproved easement located between Lot 30 to 16 the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake 17 Drive North, subject to staff comments; and 18 19 WHEREAS, comments have been solicited from the appropriate City Departments, 20 and public hearings have been held before the City's Planning and Development Board, and 21 the City Commission on the proposed abandonment; and 22 23 WHEREAS, staff has determined that the easement provides no public service; and 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 28 Section 1. The foregoing Whereas clauses are true and correct and incorporated 29 herein by this reference. 30 31 Section 2. The City Commission of the City of Boynton Beach, Florida, does 32 hereby abandon a 4.2 foot wide unimproved easement located between Lot 30 to the north 33 and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive 34 North, subject to staff comments, and more particularly described in the attached Exhibit 35 "A." A location map is attached hereto as Exhibit "B." 36 37 Section 3. The City Manager is hereby authorized and directed to execute the 38 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 39 Records of Palm Beach County, Florida. 40 41 Section 4. This Ordinance shall take effect immediately upon passage. 42 43 FIRST READING this _ day of ,2004. 44 . S:ICAIOrdinances\Abandonmoots\Abandonement -lake Drive North - 04-003.doc --------_._~---~---~-------~-- ---_.-. . ~~__-Io.£,__~_. -- _.---.~~,=-,-~_._---- -,<- ~-~--",---~_.-,~-~... "_,,-,-~--- --'''-. 1 SECOND, FINAL READING AND PASSAGE TIllS _day of 2 3 ,2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 1 City Clerk ¿5 26 27 . S:\CAlOrdinanceslAbandonmentslAbandonement -lake Drive North - 04-D03.doc 1 2 3 4 EXHIBIT "A" 5 6 The north 4.2 foot walk (easement), in LAKESIDE GARDENS, a 7 subdivision of the Town of Boynton, Florida, according to the Plat of said 8 subdivision recorded in the Office of the Clerk of the Circuit Court in and 9 for Palm Beach County, Florida, in Plat Book 8 at Page 57, located 10 between Lake Drive North and the Intracoastal Waterway. . S:\CA\OrdlnanceslAbandonmen15\Abandonement -Lake Drive North - 04-003.doc >. . __ ~..._~~~__ _.-- _~__>_ __ _~_ ~_ ___.~.d>.__. "'........>.......~--__>~~ --. . -~-.._..-~_.----.--"---.-.,, ..,.. I in. = 100.0 feet 'r R-3 - :-3 R 1-~ ·A .- ... . "-- ..... .- ... .-.. - . ....-.. " .. ...1.. ........ " LAKE DRIVE NORTH LOCATION MAP EXHIBIT nit' 1 DISCLAIMER 2 3 KNOW ALL l\1EN BY THESE PRESENTS that the City of Boynton Beach, 4 Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 5 a 4.2 foot wide unimproved easement located between Lot 30 to the north and Lot 31 to the 6 south and provides access to the Intracoastal Waterway from Lake Drive North, subject to 7 staff comments, and more particularly described in the attached Exhibit "A". í í 8 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 9 Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ 10 day of August, 2004. 11 ATTEST: CITY OF BOYNTON BEACH, FLORIDA 12 13 Janet Prainíto Kurt Bressner, City Manager 14 City Clerk 15 16 STATE OF FLORIDA ) 17 )ss: 18 COUNTY OF PAUM BEACH ) 19 BEFORE l\1E, the undersigned authority, personally appeared Kurt Bressner and 20 Janet Prainíto, City Manager and City Clerk respectively, of the City of Boynton Beach, 21 Florida, known to me to be the persons described in and who executed the foregoing 22 instrument, and acknowledged the execution thereof to be their free hand and deed as 23 such officers, for the uses and purposes mentioned therein; that they affixed thereto the 24 official seal of said corporation; and that said instrument is the act and deed of said 25 corporation. 26 WITNESS my hand and official seal in the said State and County this _ day of 27 August, 2004. 28 NOTARY PUBliC, State of Florida 29 My Commission Expires: -- . S:\CA\Ordinances\Abandonments\Abandonemenl -Lake Drive North - 04-003.doc ---..'->""'~-'---''" -,---.- .-<--- - --"'"---~-~"'"._~,~-.,._._-~, _.~_.._~,-~ - ! 1 2 3 4 EXHIBIT "A" 5 6 The north 4.2 foot walk (easement), in LAKESIDE GARDENS, a 7 subdivision of the Town of Boynton, Florida, according to the Plat of said 8 subdivision recorded in the Office of the Clerk of the Circuit Court in and 9 for Palm Beach County, Florida, in Plat Book 8 at Page 57, located 10 between Lake Drive North and the Intracoastal Waterway. . S:\CA\OrdInances\AbandonmentslAbandonemønt -Lake DINe North - 04-003.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04·151 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf ~~ Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: June 30, 2004 SUBJECT: lake Drive North Abandonment of the north 4.2-foot wide walk easement. (ABAN 04-003) NATURE OF REQUEST The agent for Avon Investments, Inc., Rodney J. Regan, is requesting to abandon the north 4.2-foot wide walk. This unimproved easement measures 160.64 feet in length and is located between Lot 30 to the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive North. This abandonment request was submitted on March 26, 2004. It is described as fòllows: The north 4.2-foot walk (easement), in LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of said subdivision recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 8 at Page 57, located between lake Drive North and the Intracoastal Waterway. The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be abandoned. The attached Exhibit "B" - shows the location of the proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. North - A single-family house zoned R-l-AA, single-family residential district; South - A single-family house zoned R-1-AA, single-family residential district; and East - Intracoastal Waterway right-of-way; and West - lake Drive North right-of-way and farther west a single-family house zoned R-l-AA, single-family residential district BACKGROUND In January of 1922, the Plat of lakeside Gardens was approved (Exhibit "B-1"). This subdivision included 1';;0 (2) avenues (Dimick Avenue and Potter Avenue), one (1) drive (Lake Drive North) dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original Interest party If any right of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained In plats recorded prior to July 1, 1972 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. Also _ _, ._ ._.__,__,~____.,- __'r~·_ -____>_"__ -", _~_,~._____' __n_>'" 'Page 2 Memorandum No. PZ 04-151 ABAN 04-003 indicated on the Plat are two (2) "walks", which provide access to the waterfront with no specific dedications. -he plat of Lakeside Gardens includes avenues, drive and walks. The avenues and drive contained in the Plat of Lakeside Gardens are dedicated to the public, however the plat does not provide any specific reference to the intent and purpose of the two (2) ''walks", which were intended to provide access to the Intracoastal Waterway from Lake Drive North. It should be noted that these walk easements are not being used as intended nor are they properly maintained. Both are overgrown with grass and other vegetation and, fences are encroaching from either side of the south walk. The subject walk easement terminates at the bank of the Intracoastal Waterway, which at this location is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city is obligated to maintain them, and possibly improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path is not ideal for public access. The applicant has the intention of vacating the north 4.2-foot wide walk to consolidate it with the abutting property to the south (Lots 31 and 32) in order to reconstruct a new single-family house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the owner to the north and one-half to the owner to the south. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A RECOMMENDATION Staff recommends that this request to abandon the north 4.2-foot wide unimproved walk easement, located immediately east of Lake Drive North, and as described above, be approved. This recommendation is based on staffs findings that the unimproved walk easement serves no public purpose, and could potentially create hazardous situations and be detrimental to the public welfare. Any conditions required by the Community Redevelopment Agency Board and the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:\PIannlng\SHARED\WPlPROJECTSlLake DrIve NorthlABAN\Staff Report.doc -- I . 1 In, = 100.0 feet R-3 -3 R 1 - A -- -----==--=---- LAKE DRIVE NORTH LOCATION MAP EXHIBIT "A" ~. "~~, , ,d f~ :-~ "j ~ i~¡ ¡~-.! _..~-~-,~----"",-<'>~~-~~' ,-..- --.--..~-' ..._....___0._-_' , -~ l..AKf WOR1H 'lATfR'lAY " ~' "1.2.0' --'-.- - ---" ~ 00'",,' 'OO'E "'Ie D'Mtu: 1:1); . ,\...,1" ~ ~ I ,Ie ~ ~ . ,..,<> ~.,~ ~ ~ ~\ , ' \þ,."" ~ ~~, Ç'.... I \ I K ~'1" ' ~ \'). X .... I -i r~!:I). © LXA "I~ MAP' .T,<'; , -. ;,. . ~ ~ .... a () .... - <:> - - '" PItA, HÞ.I5I! tIO'1'e!>;, . . . '" ~ 2.OtC: ,., Cfl. 'I' O1/)()/ðt . ~ ~ ~P;""No£L. 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't" ~ ~ :~ I", " ~ ~. 6 65 66. f 7 ..... e. ~ :! .... .1 ..;." ~ ~ ¡ , ~, 69~ I, ~ ~~ ., . 3...~...-o.<> ,rot... <#'N, ", ~ Ii ~ ~ I 1i?8 I.e...q 130/.31 1:3." ,.,~ d ..., - ..... '\ I I" ø ~ ~, 0 ., D"'~ '""""-30 -'I...¿t"c,.- - - _ , '- ,~. -; '), ..., .J\tl~ ...... - I· . ~ '. '. - . ;: - - jM' -'fOO I ~ ~ <i ~ .. .. ~ ..vè~ . :''-.. ..c~... _ '~-~~ò ~ .,."'-030 Jj.6#(';.9 - J...... ... ~ . . - - ~, II ...... - at'" Ir...,., <: ....... '~. ! .. ~... ~.""'" ---_~_'Uf~ ';<"V"..~ Q_. I ' I-"~' ~_ ..... "- R.R. ~ L. - ,,~' ~ .- .~ 1 ---- ~ .~ z ~ I -~ --:r~~L.-~-- _,.___~_.,...o<~-=_"__.'" . __...~>___..,~_.____ ~___ ~ ~ 'N.:-_..._~_.._C<_ ~~- EXHIBIT "C" Conditions of Approval Project name: Lake Drive North File number: ABAN 04-003 I DEP ART1VlENTS I INCLUDE I REJECT I 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 FORESTERlENVIRONMENTALIST Comments: None X PLÅJ.~NING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 I DEPARTMENTS ¡ INCLUDE I REJECT I Comments: I~-~ ~~ [x 1. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. _I I I 5:,P1aomng\SHARED\WÞ\PROJECTS\Lake Drrl/e North'ABAN\CQAdcc --- --- . -- ~---",-",-...~",~.~---,;.,---~~- ....:.<{-~---,"-------..-- ..~__ ',__. ....-.~<___.ao.~ ___- "'" VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting: Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 IZI August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7,2004 o November 16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM IZI Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 AnnO\mcement 0 Presentation 0 City Manager's Report (") 0 0..... RECOMMENDATION: Please place this request on the August 17,2004 City COnIDÙssion Agenda \1ÍÍder ~c Hearing. The Community Redevelopment Agency Board with a unanimous vote (5 to 0), recommended that the~bje<h~ approved. For further details pertaining to the request, see attached Department of Development Memorandum<ß>. ¡:;;¡g PZ 04-189. _ .0-< -'':;.% -u ,-;..... -,... ~o ~ "'..:JZ - -T"ICD .. ~rr1 .r;:- ("):t> EXPLANATION: .s::- fT1n PROJECT: Janis Group (NE 3rd Avenue) (ABAN 04-004) ::I: AGENT: Ron Janis / Karen Janis-Brown OWNER: N/A LOCATION: 409 NE 3rd Street DESCRIPTION: Request for abandonment of a portion of the Northeast 3rd Street right-of-way lying in the Plat of Arden Park. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A . NQ¡n~ A~~s ~ Developm t D artment Director City Manager's Signature ~c)~k Planning and Zo~g Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\Agenda Item Request Janis Group NE 3rd ABAN 04-004 8-17-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-189 TO: Chair and Members Community Redevelopment Agency THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP rt Planner DATE: August 4, 2004 SUBJECT: Abandonment of a portion of Northeast 3rd Avenue ABAN 04-004 NATURE OF REOUEST The applicants, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3rd Avenue right-of-way. This 40-foot wide unimproved right-of-way is situated between lots 11 and 30 of the Arden Park plat. The abandonment request was submitted on May 12, 2004. The platted roadway segment is described as follows: A portion of N.E. 3rd Avenue lying in the Plat of Arden Park as recorded in Plat Book 2, page 96 of the Public Records of Palm Beach County, Florida. Said land being described as follows: Bounded on the North by the South line of lot 30 Arden Park; Bounded on the South by the North line of lot 11 Arden Park; Bounded on the west by the Northerly extension of the lot 11, Also being the West line of the plat Arden Park; and Bounded on the East by the Southerly extension of the East line of lot 30, also being the West right-of-way line of Northeast 3rd Street, as recorded in the plat of Arden Park. Containing 5,528.714 square feet more or less and subject to easements and right-of-way of record. The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. North - Developed commercial (Coastal Cycles), zoned General Commercial (C-4); South - Partially developed commercial (Fred & Joe's), zoned General Commercial (C-4); East - Right-of-way for Northeast 3rd Street; and West - Developed residential, Two-family Duplex Residential (R-2). _ _.__>__O'~~_'-"',_____--=--""__ _~__ .....__"""_--.-;..~~___, ~-~_ ._",--,~---_....^-,"-",,~---....">. Page 2 Memorandum No. PZ 04-189 ABAN 04-004 BACKGROUND The subject right-of-way (formally known as Sheppard Street) lies partially within the boundaries of the Arden Park Addition to Boynton plat. The plat, originally approved in April of 1913, included 172 individual lots, a 25-foot wide strip of land along the Florida East Coast (F.E.C.) right-of-way, and several10-foot wide and 40-foot wide alleys, which were dedicated for perpetual use by the public. The applicant informed staff that it is their intention to abandon the unimproved right-of-way in order to develop additional parking for their tenant (Coastal Cycles) located at 403 Northeast 3rd Street. ANALYSIS When a right-of-way, such as this alley, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. The applicants requesting this abandonment are the owners of the property to the north (Lot 30 Arden Park). Public records indicate that Kenneth Schweitzer and Steven McGuirk own the property to the south (Lot 11 Arden Park). A summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/DNISIONS Engineering - No objection Public Works / Utilities - Approval with conditions (see Exhibit "C" - Conditions of Approval) Planning and Zoning - Approval with conditions (see Exhibit "C" - Conditions of Approval) PUBUC UTILITY COMPANIES Florida Power and Light - No objection BellSouth - No objection Florida Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Com cast) - N/A All public utility providers have indicated that they have no objection to the applicant's request for abandonment. However, it must be noted that a wastewater line is currently located along the centerline of the unimproved roadway. Therefore, the Department of Public Works is requiring that a utility easement be dedicated over the abandoned portion of the right-of-way. A dedication of a utility easement would grant the City legal access to the property for maintenance or upgrade purposes, while still allowing the applicant to develop a portion of the property as a parking lot. Lastly, the subject right-of-way terminates to the west of developed property preventing future extension of this right-of-way to connect with Northeast 2nd Street. There are also no isolated parcels adjacent to the subject right- of-way which would rely solely upon this street for access. RECOMMENDA110N Staff has determined that the subject alley does not serve a public purpose, and therefore is recommending approval of the request to abandon this portion of the 40-foot unimproved roadway as Page 3 Memorandum No. PZ 04-189 ABAN 04-004 described above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\Staff Report.doc --- -----~----------- ---~--------- ""~--"''''''-~~~-.'~--'-~~~''''''''.''''''''''''''-'''-~~-''->-'----~-~ -.0__ ____...._._.~__o_ -- --~~-----~ ~--- I "1 II I 2 .. ~ 1 . n <I .; ~ I ,... ,.. ~ nn. = 125 o feet ~ ,; I I ~ :. R I I~ I ' ... ~ ~ 2 J I J .1 J Nt:: 41 t' AV.... -þ - C4 I J ~~~ ~ ~ ~ ! M1 J 2 .. Z 11 J I J ~ 3RI A'VE ~ P r~ . ~ 1 I If. t ~ c:. j ~ ~ ~ I C3~ ~ I ë '-- I J J - - .. --. -.. ..... ",.... . ..........,.. . .... ",.... I MUYN IIJN _I-.DI :.... HLVU MlJYN I UN MI VII - - ~ ~ ~ ~ ~ -~ ~" n .' LOCATION MAP ABAN 04-004 EXHIBIT "A" jj'i;~ nlJ ~XJ-iIBI-- ····3-- b1 o t:1 ~5 tt' t:t1 ?f " 0 , We:sl L/nc: ¿.Is // I $ð l 9 R- I' [ ~ I:. .' u. 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If ~~ S J.vQ ~h;;".. 0;': ~ n (þ :::: "". ~ l' ¿//;)Ci' .3 co a ' ---:-.-- I 0 ~ ~ ~~ '-J rql ~ 7'" I :::' ¡!¡. g- c~ '; 4< $"' ~"W- i ~ ::I. '" ~ -{- ~4ð" ... ~ '" '" ~. It .c, 'J, ~ fl ....11\ !\J E ~ \ ~I ~!t¡ . ·3Rù5-- ~I "Of :¡-e ê E I' z r- ~ r v~ ,---=---]1 ~rc::!'" 0 flCI>r- 6 .-.... i ¡; ~ tI n~~ ~ ~~ ~~ ~ ,- g ~ ~CZ(þœm c~JI~~ ~ ~ ß UUi; i~!. 0 ~ ~ I~I ~~~h~ ~~~~~ ~ ~ Iii c",~m :t (þð!f~ ~ ~ ! ~!il~æ ~~æ'~· I '< æ¡ _, m ~ 0 ~! ~ ~ ~ ~ ~ ~~u :i! ê'" ~ ~fif I iU~~~ hd~ À_~ ~l~ i iii~d~m ~i~§i ~ ~ ~ìU ~~Š~;Ci ~~~c § m ! rU¡ ~giU~~ :::mã¡ .,,:::~~~ ~ ~ Ii' ~ ~JI c¡¡; ;r i .... ~~~ ~ ~IJ~~ ~ _ 1\:1 zªc l; mJli!! ss -Z ~'-~---- . ..- ¡~ ~~~~m~ ~¡i~m ~ . -- ---- - - ~ Z\:I ~~~iIJl ~'" d~ ¿ . - r- ,GJm~11 C~:i!~ tJ:I;):a ! ~§: ~ m ~ " !::.,. ....1 '·1 - i · ·~a~ I ~C''''' "" 0' ~~.;~, j;, iII'oill ::c 0 ^' -I ¡¡;~Z~~' ~ . ~:i!"'1 n~~V)' .~~~ ~m': ¡~~ " 'gN z::: U!~~f ~~I~ I Z "'~HI ~iII! g -I ;):aRe, > ð ¡.m!ì\ '" l ,~~~::;' jll~h-i!U ~~ ¡~~ li¡ii~lll~ ~ ~ ~ i;~ ~i~! JI . or _ ð< ,- .--- .---~ -- .>_~_'" . n_>._.___'__' '''-<=,.~,"-,,,..,--~--",~ -.--- EXHIBIT "C" Conditions of Approval Project name: 409 Northeast 3m Street File number: ABAN 04-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. A wastewater line is currently located within the centerline of the unimproved X roadway. Therefore, a utility easement is required to allow the City legal access to the site in case of an emergency. 2. No outside storage, structures, or landscaping shall be placed within the X confines of the required utility easement without the express written consent of the Engineering Division of Public Works. 3. The legal description needs to read as follows: X "That portion of a 40-foot roadway know as N.E. 3rd A venue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue." POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: None X FORESTERlENVIRONMENT ALlST Comments: None X PLANNING AND ZONING Comments: 4. The dedication of the utility easement shaH occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:\Planning\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\COA.doc ----=----..- "'~~..".,-=,<~__......._,__ ~A__"""__~"""'·_ ' _-._____.'--~,~...,,-k-_~ h__ B -..-.0"'- DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 409 Northeast 3rd Street (Janis Group, Inc.) APPLICANT'S AGENT: Ron Janis and Karen Janis-Brown APPLICANT'S ADDRESS: 608 North Dixie Highway Lantana, Florida 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 3rd Avenue right-of-way located between Lots 11 and 30 of Arden Park. LOCATION OF PROPERTY: Located near 409 Northeast 3rd Street, which is located at the northwest corner of Northeast 3rd Street and Northeast 3rd Avenue, more generally located west of Railroad Avenue and north of Boynton Beach Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\DO.doc ~-~-- -~>'<-,<,------"""".,.--~-~-",' -----,,---- ,-~.,~._,--.."._~ ~.""-",,,,-,,"_....--'~--- -. .,,--,"'.~-". IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM - 'éIT'tCLfI:~~OH~8EACH '. 'J OtF/CE 04 JUL 30 PH 2: 57 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 o August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 !:8J August 17, 2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 D November 3,2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 D November 16,2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF [ì Consent Agenda 0 New Business AGENDA ITEM D Public Hearing 0 Legal 0 Bids D Unfinished Business 0 Announcement 0 Presentation ~ City Manager's Report (/þ RECOMMENDATION: Motion to approve Solid Waste Ordinance Revisions - Chapter 10 - Garbage, Trash and Offensive Conditions, Section 10-30, Rates and charges for city service (Exhibit A - Attached). EXPLANATION: The Public Works staff has conducted a rate analysis and propose rate increases for Solid Waste Services related to Multi-Family Service rate, Commercial rate and an additional rate for non-automated single- family residents (memo #04-136 attached). PROGRAM IMP ACT: The proposed rate changes will not affect the operational program for service. Mandating automated garbage in the remaining areas of the City, along with any new single-family developments will require the purchase of additional carts, one additional automated vehicle and the possible reduction of two employees through attrition. (Exhibit B - Residential Automated Operational Cost Comparison - attached). FISCAL IMP ACT: Raising the Multi-Family rate from $6.00/unit to $7.50/unit will add approximately $198,000 annually based on the current multi-family unit count -11,000 Multi-Family units x $1.50/month = Sl6,500/month or SI98,000/annually. ALTERNATIVES: Elect not to approve the rate changes and direct staff to evaluate potential service cuts to maintain a balanced Solid Waste Fund. ex N£:if~;;~~ ~ City Manager's Signature 'iLl), ~ ~~~ Department Name City Attorney I Finance I Human Resources S:\BVLLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC IX.-CITY MANAGER'S REPORT 1 ORDINANCE NO. 04 - ITEM B. 2 3 AN ORDINANCE OF THE CITY OF BOYNTON I 4 BEACH, FLORIDA AMENDING CHAPTER 10. 5 GARBAGE, TRASH AND OFFENSIVE CONDITIONS, 6 PROVIDING FOR RATE MODIFICATION; 7 PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICA TION AND AN EFFECTIVE DATE. 9 10 WHEREAS, it has been determined that over the past two years, the Solid Waste 11 und balance, has exceeded revenues received for the services provided; and 12 WHEREAS, staff has conducted a rate analysis of Solid Waste Services related to 13 ulti-Family Service rate, Commercial rate and an additional rate for non-automated single- 14 amily residents; and 15 WHEREAS, the City Commission has determined, upon recommendation of staff, 16 hat Chapter 10 Garbage, Trash and Offensive Conditions be amended to provide for a rate 17 odification, as set forth below. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above is true and correct and 21 corporated herein by this reference. 22 Section 2. That Chapter 10 Garbage, Trash and Offensive Conditions, Sec. 10-30 23 ates and charges for city service is hereby amended by adding the words and figures in 24 nderlined type, and by deleting the words and figures in struck-through type, as follows: 25 Sec. 10-:2930.Rates and charges for ~City service. I 26 27 The rates and charges for refuse collection service provided by the city shall be as 28 ollows: I 29 30 (a) Commercial containerized, excluding multifamily residential units: 31 32 (1) Monthly commercial charges shall consist of a total of the following three 33 (3) items: 34 35 a. Container rental charge-A monthly flat fee charge to cover the I 36 cost of the container by size as follows: 37 :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions.doc I I 2 2003/2004 Rates: 3 2 cu. yd. container_- $+9-:4Q20.00 per month 4 3 cu yd. container - ~25.00 per month 5 4 cu. yd. container_- $~30.00 per month 6 6 cu. yd. container_- ~35.00 per month 7 8 cu. yd. container_- $27.00'10.00 per month 8 9 The Public Works Director shaH annuaHy adjust these fees based 10 upon chan~ing purchase prices of new containers. 11 12 b. Disposal charge-A fixed disposal charge per cubic yard as 13 charged set and modified from time to time by the Palm Beach 14 County Solid Waste Authority. The amount for FY 1993 91 is 15 established at forty six doHars ($46.00) per ten Of three dol1æ-s 16 and eight cents ($3.08) per cubic yard. This price shall be passed 17 on to the customer directly. 18 19 c. Operating charge-A fixed charge per cubic yard to cover all other 20 labor and equipment hauling expenses and charges of the 21 sanitation Solid Waste Departmentbudget. The rate is estabJished 22 at two doUars and seventy oJle cents ($").71) per cubic yard. The 23 rate in 2004 will be fixed at $3.00 per cubic yard and will be 24 increased 4% annually thereafter at the beginning of each fiscal 25 year, or as otherwise provided by the City Commission. 26 27 (2) Partial monthly service will be charged on a prorated basis, based on the 28 rates in subsection (1~ above. I 29 30 (3) Mechanical compressed or compactor refuse shan have the disposal rate 31 computed at a three-to-one (3:1) ratio of the disposal rates set forth in 32 subsection (1Q). Containers with compactors shall be furnished by the I 33 owner, therefore, no rental cost shall be charged. 34 35 (4)Two (2) or more business estab1ishments sharing a single container shall be 36 charged based on the size and number of pickups as outlined in subsection 37 (1) above. Provided, however, any joint use generating t\'/o (2) cubic yards 38 or less per month shall be charged a minimum of sixty five dollars and 39 seventy two cents ($65.72) per month to be shared equally. 40 41 (b) Noncontainerized commercial service: 42 43 fljRefuse picked up from residential type cans at commercial establishments I 44 shall have their level of service negotiated by the public Public weFks :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions.doc 2 1 ~orks de~m~ment Department. ,vith an 0ppol1unity to appeal the rate to I 2 cIty commISSIOn. 3 4 (c) Residential rates (noncontainerized): 5 6 (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings. 7 8 (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex 9 or triplex. 10 11 (3) Ten dollars and fifty cents ($10.50) per month for each family unit for 12 apartments and condominiums. 13 14 (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. 15 16 (5) Thirteen dollars and fifteen cents for non-automated service 17 18 (d) Residential rates (containerized, multifamily): 19 20 (1) ~Seven dollars and fiftv cents ($7.50) per month for each family unit for I 21 apartments and condominiums that are served by dumpster containers. 22 23 (2) ~Seven dollars and fifty cents ($7.50) per trailer in trailer parks. I 24 25 (e) Special pickup: Special pickups of items not normally handled by the weekly 26 garbage, trash or recycling pickup, whether due to the type of waste or the volume 27 of waste, may be scheduled by contacting the public works department and the 28 rate for such pickup shall be established by the director depending on the size and 29 type of removal needed. 30 31 (1) Rcscr'lcdRate schedule extra pickup of dumpsters at multifamilv locations: $3 per I 32 cubic yard. 33 34 (g){.Mi1'limum charge.} All properties shall be assessed no loss than the minimum 35 applicable rate schedule provided for in this sectiOÐ. If a utility account is 36 temporarily discontinued, there shall continue to be a monthly charge calculated 37 as the base rate for the applicable billing category. 38 39 (h)Co'/1'lmacial recycling: For commercial establishments who participate in the 40 commercial recycling program the monthly rates shall be as follows: 41 42 (g) Roll-off Rates: Rates for roll-off dumpsters used for construction and demolition 43 debris shall be established and modified from time to time bv the Director of 44 Public Works based upon private markets conditions. 45 :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions. doc 3 1 I 2 3 I 4 5 6 7 The public 'Narks director may establish extra pickup charges for commercial 8 recycling based on the size and type of service needed. 9 10 (i)Scnoo[ ratcs: l\ separate rate category for school service shall be estab1ished by the 11 public works director, as the solid waste authority has established separate 12 disposal charges for the public school system. These rates shaH be based on the 13 size of the container and number of pickups per month. 14 15 ffiJ1dditional pickup: Adctitional pickups necessitated by the lack of adherence to the 16 requirements set forth in chapter 10, article n shall be determined by the public 17 works director, '.'lith the first pickup requiring a warning notice of the violation 18 being provided to the resident of the property and the second pickup resulting in 19 an additionaJ charge of twenty five dol1ars ($25.00). Subsequent pickups within a 20 twehre month time period will also receive a charge of twenty fi'/e dollars 21 ($25.00) per pickup. One (1) v:arning notice per eyery t'Nelve (12) months ,,,ill be 22 afforded to the property owner or tenant. ·Warnings shall consist of placement of a 23 door hanger on the property plus a notice letter sent regular mail to the named 24 individual listed on the city's utility billing record at the service address. 25 26 27 Section 3. Each and every other provision of Chapter 10, not herein specifically 28 ended shall remain in fun force and effect as previously enacted. 29 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 30 ame are hereby repealed. 31 Section 5. Should any section or provision of this ordinance or portion hereof, 32 y paragraph, sentence or word be declared by a court of competent jurisdiction to be 33 nva1id, such decision shall not affect the remainder of this ordinance. 34 Section 6. Authority is hereby granted to codify said ordinance. 35 Section 7. This ordinance shall become effective during the first fun billing cycle 36 ter the adoption of the Ordinance on Second Reading. 37 FIRST READING this _ day of Augustl, 2004. 38 :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions.doc 4 1 SECOND, FINAL READING AND PASSAGE this day of 2 ,2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 ity Clerk Commissioner 20 21 CORPORATE SEAL) 22 23 :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions.doc 5 PUBLIC WORKS DEPARTMENT MEMORANDUM #04-136 TO: Jeffrey Livergood, Public Works Director FROM: Larry Quinn, Solid Waste Manager ~ Christine Roberts, Assistant Public Works Director{!j¿ SUBJ: Solid Waste Rate Recommendation DATE: July 29, 2004 Recently the City Commission approved several Solid Waste Ordinance Revisions to Chapter 10, Garbage, Trash and Offensive Conditions. At the time of approval Section 10-30, Rates and Charges for City Service were tabled pending further staff analysis of service rates. Staff has conducted a rate analysis and proposes the following rate increases for Solid Waste Services: A. Sinlde Familv Rates The current rate for garbage collection for a single-family home is $10.50 per month. This includes two times per week garbage pick up, one time per week recycling pick up, one time per week bulk trash pick up, and one time per week landscape waste pick up. At this time staff is not recommending an increase to the single-family rate for automated garbage service. Recent changes to the code language mandated the use of garbage carts for noncontainerized residential refuse. Section 10-24 - Single Family Residential Refuse Collection # 1, states "Garbage will be collected twice per week at curbside only from each single family residential unit, in the City provided with roll-out garbage carts. Currently there are five primary areas in the City that prior to the code language change has chosen not to become automated. These areas include Nautica, High Point, Pine Point, Boynton Leisureville and Palm Beach Leisureville for a total of approximately 4,308 residents. It is staff s recommendation that in order to keep service fees at a low level we should pursue automation in these remaining areas so that the remainder of the City can benefit by stable garbage rates. However, staff recognizes that residents in some of these areas due to logistics may still choose not to be automated. The cost to provide garbage collection services in non-automated areas is 17% higher than the cost to provide services in those areas that have chosen to become fully automated (see attached Residential Cost Comparison). Staff is not necessarily recommending mandating automated on the remaining five areas rather; staff is proposing a twofold approach that gives members of various homeowners' associations the following choices: 1 1. The homeowners in the area choose to become fully automated and the monthly refuse collection fee would remain at $10.50 per month. 2. Homeowner's that choose to remain non-automated, shall be charged a differential rate of $13.15 per month in recognition of the additional cost of providing a service that differs from the remaining part of the community. The $13.15 rate is derived from the attached Cost Comparison of service. Homeowner Associations would be the only authorized entity to request that their residents be allowed to maintain non-cart pickup with the understanding that the rate would go to $13.15/month, this would be an alternate to mandated carts. Whether the decision is made to mandate automated or charge an extra fee for areas that are not automated staff would recommend implementation of the mandated carts by October 1,2005. B. Multi-Familv Rate The current multi-family rate is $6.00 per month. Staff is proposing to increase this rate to $7.50 per month with an effective date of the increase on October 1, 2004. The current rate has not been changed since 1992. Due to increased operational costs it is imperative that this rate be changed. The Multi-Family service provided includes the same service as single-family with the exception of the pickup of yard trash. The added revenue this would gain would be approximately 11,000 MF units x 1.50/month = $16,500/month or $198,000 annually. Staff had originally proposed to the City Commission that multi-family rates be increased to $9.00 per month. However, staff too is sensitive to resident concerns about a 50% increase, all at one time. Staffhas re-evaluated our initial assumptions and we believe that we may be able to hold off the full increase to $9.00 a while longer. We find that we are increasing the numbers of customer's city wide, and this adds to our revenue base. Our expenses continue to climb as well. However, we believe that it is entirely appropriate to continue to closely monitor our revenues in the Solid Waste Fund to ensure its solvency. Therefore, we strongly recommend that staff present a follow up rate report and recommendation to the City Commission as part of the FY2005/2006 budget submittal. This report win consider modifications to the rate structure for all services provided, including single-family homes. C. Commercial Rates Staff is proposing a minor increase in rates for the City's commercial customers. The monthly commercial charges shall consist of a total of the following three (3) items: 2 · 1. Container Rental Charee This is a monthly flat fee to cover the cost of the container by size. Staff is proposing an increase in container rental fees as outlined in the proposed ordinance revision (attached). The rental charge is a direct cost associated to allow the containers to be replaced more often and thus enhance the visual appearance of the containers. Disposal Charee This is a fixed charge set and modified from time to time by the Palm Beach County Solid Waste Authority. This price shall be passed on to the customer directly. Staff is not proposing and increase in this charge. At present, this charge is $28.00 per ton and is not anticipated to change during FY04/05. Operatine Charee The operating charge is the cost of providing the City service. Approximately 62 percent of our Solid Waste Department costs are vested in both labor and equipment costs. Staff is proposing that this rate be fixed at $3.00 per cubic yard and is adjusted four percent annually hereafter to reflect the cost of inflation that occurs each year when equipment costs and labor costs rise. Summary City staff is proposing rate changes in Multi-Family and Commercial services becoming effective on October 1,2004. In addition the City Commission needs to consider either mandating the automated garbage program in the remaining areas mentioned or charge an additional fee to cover the higher expense of providing non-automated service. Which ever alternative the Commission decides the mandated or higher charged rate will become effective on October 1, 2005 as staff will need time to meet with the remaining homeowner's associations to plan for implementation. In addition staff will conduct an analysis of rates, expenses and revenues in April of 2005. Depending on the results of the analysis staff may be proposing additional rate increases for Single-Family and Multi-Family services for FY05/06. Attached to this report is Exhibit A -language change proposing the new rates in Chapter 10 - Garbage, Trash and Offensive Conditions, Section 10-30, Exhibit B - Residential Operational Cost Comparison between automated vs. semi-automated service, and Exhibit C Rate Comparison Chart comparing rates with other municipalities. We believe that we provide an outstanding service to the community. Our customer service approach is excellent. Our employees are dedicated, friendly and efficient. We have made changes over the past ten years that have kept residential and commercial rates constant and we are now at a time that efficiencies cannot by themselves maintain rates. It is essential that we consider the proposed rate changes in order to maintain our expenses by increasing revenues. Upon approval of the rate changes staff plans on properly notifying the public by providing letters to property management companies and notices in water bills for individual residents and commercial establishments. 3 EXHIBIT A I Sec. 10-2930. Rates and charges for city service. I The rates and charges for refuse collection service provided by the city shall be as follows: I (a) Commercial containerized, excluding multifamily residential units: (1) Monthly commercial charges shall consist of a total of the following three (3) items: a. Container rental charge-A monthly flat fee charge to cover the cost I , of the container by size as follows: 2 cu. yd. container-$19 .10$20.00 per month 3 cu yd. container- ~$25.00 per month 4 cu. yd. container- ~$30.00 per month 6 cu. yd. container- ~$35.00 per month 8 cu. yd. container- 2+:00$40.00 per month · Revision Date: 2/16/047/23/04 I The Public Works Director shall annually adiust these fees based I upon changing purchase prices of new containers. b. Disposal charge-A fixed disposal charge per cubic yard as charged set and modified from time to time by the Palm Beach County Solid Waste Authority. The amount for FY 1993 91 is established at forty six dollars ($116.00) per tcn or three dollars and eight cents ($3.08) per cubic yard. This price shall be passed on to the customer directly. c. Operating charge-A fixed charge per cubic yard to cover all other labor and equipment hauling expenses and charges of the sanitationSolid Waste Department budget. The rate is established at two dollars and scyenty one cents ($2.71) per cubic yard. The rate in 2004 will be fixed at $3.00 per cubic vard and \vìll be increased 4% annually thereafter at the beginning of each fiscal year. (2) Partial monthly service will be charged on a prorated basis, based on the rates in subsection (lill above. I (3) Mechanical compressed or compactor refuse shall have the disposal rate computed at a three-to-one (3: 1) ratio of the disposal rates set forth in subsection (112). Containers with compactors shall be furnished by the owner, I therefore, no rental cost shall be charged. (4) Two (2) or more business establishments sharing a single container shall bc charged based on the size and number of pickups as outlined in subsection (I) above. Provided, hO'.vever, any joint use generating tv.·o (2) cubic yards or less per month shall be charged a minimum of sixty five dollars and seventy two cents ($65.72) per month to be shared equally. (b) Noncontainerized commercial service: (1) Refuse picked up from residential type cans at commercial establishments shall have their level of service negotiated by the publie Public Wworks I Ddepartment '.vith an opportunity to appeal the rate to city commission. (c) Residential rates (noncontainerized): (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings. (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex or triplex. Revision Date: 2/] ()/O47123/04 I (3) Ten dollars and fifty cents ($10.50) per month for each family unit for apartments and condominiums. (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. (d) Residential rates (containerized, multifamily): (1) ~ Seven-dollars and .50 Cents ($~7.50) per month for each family unit I for apartments and condominiums that are served by dumpster containers. (2) ~ Seven dollars and .50 Cents ($~7 .50) per trailer in trailer parks. I (e) Special pickup: Special pickups of items not normally handled by the weekly garbage, trash or recycling pickup, whether due to the type of waste or the volume of waste, may be scheduled by contacting the public works department and the rate for such pickup shall be established by the director depending on the size and type of removal needed. Reserved (f) [},finimum cha.~gc.j AU properties shall be assessed no less than the minimum applicable rate schedule provided for in this section. If a utility account is temporarily discontinued, there shall continue to be a monthly charge calculated as the base rate for the applicable billing category.Rate schedule extra pickup of dmnpsters at multifamilv locations: $3 per cubic yard. (g) Commercial recycling: For commercial establishments 'Nho participate in the commercial recycling program the monthly rates shall be as follows: Roll-off Rates: Rates for roll-off dumpsters used for construction and demolition debris shall be established and modified from time to time by the Director of Public Works based upon private market conditions. [Table appears on follo,....ing page] I The public works director may establish extra pickup charges for commercial recycling I based on the size and type of service needed. (h) School rates: ^ separate rate category for school service shall be established by the public works director, as the solid '<'taste authority has established separate disposal charges for the public school system. These rateS shall be based on the size of the container and number of pickups per month. · Revision Date: 2/16/()47/23/04 I (i) Additional pickup: L^...dditional pickups necessitated by the lack of adherence to the requirement~ set forth in chapter 10, article II shall be determined by the public works director, with the fIrst pickup requiring a warning notice of the violation being provided to the resident of the property and the second piekup resulting in an additional charge of twenty fIve dollars ($25.00). Subsequent pickups within a twelve month time period \viU also receive a charge of twenty fI'.'e dollars ($25.00) per pickup. One (1) warning notice per e-very t'.velve (12) months will be afforded to the property ovt'TIer or tenant. Warnings shall consist of placement of a door hanger on the property plus a notice letter sent regular mail to the named individual listed on the city's utility billing record at the service address. (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 83-36, § 1, 10-18-83; Ord. No. 85-55, § 1, 11-15-85; Ord. No. 86-36, § 2, 10-21-86; Ord. No. 90-36, § 1, 9-18-90; Ord. No. 91- 63, § 1,9-19-91; Ord. No. 92-49, § 1, 10-8-92; Ord. No. 93-33, §§ 1,2,9-21-93; Ord. No. 94-28, § 4, 9-9-94) ~, 17 , RESIDENTIAL OPERATIONAL COST COMPARISON AUTOMATED vs SEMI-AUTOMATED EXHIBIT B AUTOMA TED* SEM'-AUTOMA TED** Average Hourly labor $15.12 26.65 Monthly labor Cost $2,618.78 $4,615.78 Benefits - 29.5% (No Vac/Sick) $772.54 $1,361.66 Monthly Vehicle Maintenance Cost $2,239.00 $1,709.00 (AverageCost Per Vehicle) Monthly PreFunding Cost $2,651.10 $3,132.00 (Average Cost Per Vehicle) Monthly Overhead Costs - 19% $501.48 $1,002.96 Number of Pickups Monthly 11,548 11,708 Total Monthly Operational Costs $8,782.91 $11,821.40 Price Per Pick-up $0.76 $1.01 Monthly Operational Cost Per Home $6.59 $8.74 Additional Service Costs: Bulk Trash $1.66 $1.66 Recycling $1.25 $1.25 Vegetation $1.50 $1.50 Total of all Services: $11.00 $13.15 *Automated is a one person operation. **Semi-Automated is a driver and one or two crew workers; this comparison is based on a driver and only one crew worker. S:PW/Solid Waste/Residential Operational Cost Comparison EXHIBIT C SOLID WASTE RATE COMPARISON April 5, 2004 RESIDENTIAL MULTI-FAMILY SERVICE MUNICIPALITY REFUSE RATE REFUSE RATE LEVEL Boca Raton Ad Valorem Tax Ad Valorem Tax Twice/wk - Garbage $12.00 Side yard P/up for curbside p/up Once/wk - Recycling $13.50/unit for Once/wk - Vegetation dumpster service Quarterly - Bulk Trash City does not provide Commercial Service Boynton Beach $10.50 $ 6.00/unit (current) Twice/wk - Garbage $ 7.50/unit (proposed) Once/wk - Recycling Once/wk - BulklVege 4- Yard Commercial Rate @ 1 p/up per week = $107.49/month - (current) $1I9.92/month - (proposed) Green Acres $5.38 $ 3.49/unit 2XPickup Twice/wk - Garbage $ 4.60/unit 3XPickup Once/wk - Recycling Once/wk - BulklVege City does not provide Commercial Service Lake Worth $14.87 $ 14.87 under 9 units Twice/wk - Garbage Over nine units is Once/wk - Recycling Billed as commercial Once wk - BulkIV ege 4- Yard Commercial @ 1 p/up per week = $79.02/month Lantana $15.00 $15.00/unit Twice/wk - Garbage $ 1.67 (Recycling) $ 1.67/unit (Recycling) Once/wk - Recycling Bi-weekly-BulkIV ege City does not provide Commercial Service Palm Beach Ad Valorem Tax $11.50/unit Four/wk - Garbage Once/wk - Recycling Once/wk - Vegetation Call In /Fee - Bulk Commercial Service is billed as follows 5/day week! p/up: Low Volume = .023 per sq. foot of building Med. Volume = .149 per sq. foot of building High Volume = .655 per sq. foot of building West Palm Beach $16.00 $ 16.00/unit - 15t bldg. Twice/wk - Garbage $ 9.00/unit - 2,3,4,bldg. Once/wk - Recycling $16.00/unit - 5th bldg. Once/wk - Vegetation $ 9.00/unit - 5, 7, 8 bldg. Twice/wk - Bulk 4- Yard commercial rate @ 1 p/up per week = $1I2.00/month XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.)1uly 19, 2004 o October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 c=J September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November], 2004 c=J Administrative 0 Development Plans NATURE OF c=J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal c=J Bids c=J Unfinished Business c=J Announcement 0 Presentation c=J City Manager's Report - fT1- C') . :z: RECOMMENDA TION: Ordinance on First Reading to amend Chapter 18, Article II of the Code of Ordiuaoces to amend the def"mition of "Earnings" to include unused vacation pay in the calcuJation of the no...... retirement benefit for the General Employees' Pension Plan by specificaBy amending Section 18-118 ofthe Code of Ordinances. EXPLANATION: Ordinance would aBow General Employees to continue the current practice of calculating unused vacation pay in calculating member's rmal average monthly compensation. CoBective bargaining unit has approved the ordinance. PROGRAM IMPACT: Annual Actuarial valuations have included a special adjustment to aBow for the inclusion of unused leave in average rmal compensation. The adjustment is based on the system's own experience. FISCAL IMPACT: The Fund's Actuarial Consultant has indicated that there would be no actuarial impact on the System. ES, De line to ";;te the Ordinance as .-.commended by the ~ Board. Department Head's Signature City Manager's Signature Pension Administration ~~(U!!;f¡µ¡ ~ .J Department Name City Au I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE 04- 05é).. 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 18, ARTICLE II OF 5 THE CODE OF ORDINANCES OF THE CITY OF 6 BOYNTON BEACH, FLORIDA TO AMEND THE 7 DEFINITION OF "EARNINGS" TO INCLUDE UNUSED 8 VACATION PAY IN THE CALCULATION OF THE 9 NORMAL RETIREMENT BENEFIT FOR THE GENERAL 10 E:MPLOYEES' PENSION PLAN BY SPECIFICALLY 11 Al\IENDING §18-118 OF THE CITY'S CODE OF 12 ORDINANCES; PROVIDING FOR CODIFICATION; 13 PROVIDING FOR CONFLICT; PROVIDING FOR 14 SEVERABILITY; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 \VHEREAS, the General Employees' Pension Plan (the "Plan") of the City of 18 Boynton Beach calculates the Nonnal Retirement benefit for each member by 19 detennining the Final Average Monthly Compensation of each member of the Plan; and 20 WHEREAS, Final Average Monthly Compensation IS detennined by 21 calculating the monthly average of the employee's earnings during the highest sixty (60) 22 consecutive calendar months occuning in the one hundred twenty (120) calendar 23 months immediately preceding his nonnal retirement date; and 24 WHEREAS, "earnings" is defined as gross earnings of the member, including 25 overtime and sick pay; and 26 WHEREAS, it has been detennined that, in practice, "earnings" have been 27 computed to also include unused vacation pay when calculating a member's Final 28 Average Monthly Compensation; and CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. - Page 1 of 4 S:\CA\Onlinances\Pension\General Employees Pension - vacation pay.doc _.__ ___ ____L_ "__L___~ ~ __~ ~__._~~_. . ,_-". _ _.__-...._.., 0.;;.. _.'--_ _ ~ > _._~-"""'-- ~- .. 1 WHEREAS, the Board of Trustees for the Plan have recommended that such 2 amendment to the Plan be made in order to reflect the current practice for calculating 3 earnings for Plan members~ and 4 WHEREAS, the Plan has been administered III accordance with this 5 modification, there would be no fiscal impact resulting from maIång the proposed 6 amendment; and 7 WHEREAS, the City Commission has reviewed the recommendations of the 8 Board and finds the amendments to the Plan proposed by the Board as provided herein 9 to be in the best interests of the Plan members and the City; 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 11 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 12 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being 13 true and correct and are incorporated herein by this reference. 14 Section 2. Chapter 18, Article II, Division 4, §18-111 of the Code of 15 Ordinances of the City of Boynton Beach, Florida, entitled "Nonnal Retirement," is 16 hereby amended to read as follows: 17 §18-118 Nonnal Retirement. 18 19 . .. 20 21 @ In the event of nonnal retirement, the retiring employee 22 shall be entitled to and shall be paid an annuity payable monthly beginning 23 with the month of retirement and continuing until death. The amount of 24 annuity to which the retiring employee will be entitled wiH be calculated as 25 follows: 26 27 . . . CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 2 of 4 S:\CA\Ordinances\Pension\General Employees Pension - vacation pay. doc 1 (Ð "Final average monthly compensation," for the 2 purposes of this section, shall mean the monthly average of the 3 employee's earnings during the highest sixty (60) consecutive 4 calendar months occurring in the one hundred twenty (120) 5 calendar months immediately preceding his normal retirement date 6 if such date falls on or after January 1, 1979, and based upon 7 compensation immediately preceding actual retirement date if 8 normal retirement date preceded January 1, 1979, or he elected to 9 continue to contribute after normal retirement date as provided in 10 section 18-95. "Earnings" as used in the above sentence shall mean 11 gross earnings received by the employee as compensation for 12 service to the city including unused, accrued vacation pay, overtime 13 pay and sick pay paid in the lump sum at termination or retirement 14 but excluding bonuses. 15 16 . .. 17 Section 3. It is the intention of the City Commission of the City of Boynton 18 Beach that the provisions of this Ordinance shall become and be made a part of the 19 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this 20 ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to I 21 "Section", "Article" or such other word or phrase in order to accomplish such intention. 22 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 23 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 24 such conflict. 25 Section 5. If any clause, section, or other part or application of this 26 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or I 27 invalid, such unconstitutional or invalid part or application shall be considered as 28 eliminated and so not effecting the validity of the remaining portions or applications 29 remaining in full force and effect. CODING: Words in strike tlKough type are deletion from existing law; Words in underscored type are additions. Page 3 of 4 I S:\CA\Ordinances\Pension\General Employees Pension - vacation pay. doc " ~ l ,......<-----..- -->---'--->---"~.~~'-- <. . ·r_>___~,~__ - -.----------~~-- --. - '-----'-"---~.--~-- -< --<- 1 Section 6. This Ordinance shall become effective when the following has 2 occurred: 3 a) a collective bargaining agreement ratifying the foregoing changes to 4 pension benefits has been ratified by the City Commission and the General 5 Employees' Pension Board of Trustees, or their successor organization; 6 and 7 b) a copy of this ordinance has been fOIwarded to the State of Florida 8 Division of Retirement. 9 Upon satisfaction of this requirement, then in that event, the terms and provisions 10 of this Ordinance shall become effective. 11 FIRST READING this ~ day of A~U.ST ,2003. 12 13 SECOND, FINAL READING and PASSAGE this - day of 14 ,2003. 15 16 CITY OF BOYNTON BEACH, 17 FLORIDA 18 19 20 Mayor 21 22 23 Vice Mayor 24 25 26 Commissioner 27 ATfEST: 28 29 Commissioner 30 31 CITY CLERK 32 Commissioner CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 S:\CA\Ordinances\Pension\General Employees Pension - vacation pay.doc .~___~__~______ __._____~_____ ~_______.~_.__ <>______^_~_.......T_;__.._._.............~~-,,__<_~"_~_C_....~ . ~- --'- -~-__,~_,__= -_<~--~___-_," -t<- XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 17,2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote approved this amendment under Legal, Ordinance - First Reading on August 3, 2004 including a Planning and Development Board reconunendation that such uses be conditional uses when fronting either arterial or collector roadways. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-167. EXPLANATION: PROJECT: Non-residential uses in single-family zoning districts (CDRV 04-008) OWNER: City-initiated DESCRIPTION: Request to amend Chapter 2, Zoning, Section II with the addition of supplemental regulations to establish location, minimum lot area and frontage, landscaping and conditional use requirements for non-residential uses proposed within single-family zoning districts. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devel' ~ lty anager's 19nature ~¿) -¿, ~ City Attorney / Finance / Human Resources Planning and Zo~ irector S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 04-008 Non-residential uses in single-family\Agenda Item Request NOI1-residt. uses in single-family 2nd reading CDRV 04-008 8-17-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. 04- ob J 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 5. 6 AND SECTION lI.C. PROVIDING FOR THE ADDITION 7 OF SUPPLEMENTAL REGULATIONS TO EST ABUSH 8 LOCATION, MINIMUM LOT AREA AND FRONTAGE, 9 LANDSCAPING AND CONDITONAL USE 10 REQUIREMENTS FOR NON-RESIDENTIAL USES 11 PROPOSED WITHIN SINGLE FAMILY ZONING 12 DISTRICTS; PROVIDING FOR CONFLICTS, 13 SEVERABll...ITY, CODIFICATION AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, staff has proposed amendments to the Land Development Regulations 17 intended to reduce potential negative impacts upon single family neighborhoods from non- 18 residential uses, which would add locational requirements, minimum lot size and frontage 19 standards, landscaping and buffering requirements, and the conditional use process for 20 selected non-residential uses proposed within any zoning district limited to single family 21 homes; and 22 WHEREAS, the City Commission, upon recommendation of staff, does hereby 23 deem it appropriate and in the best interests of the residents of the City of Boynton Beach to 24 approve the amendments to the Code as hereinafter set forth; 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section I. The foregoing whereas clause is true and correct and is now ratified 28 and confinned by the City Commission. 29 Section 2. Chapter 2. "Zoning", Section 5. of the Land Development 30 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 31 the words and figures in underlined type, and by deleting the words and figures in struck- 32 through type, as follows: 33 Section 5. Residential district regulations and use provisions. 34 A. R-I-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district 35 regulations will create the lowest population density of not more than 3.48 dwelling units 36 per acre. 37 l. Uses pennitted. Within any R-I-AAA single-family residential district, no 38 building, structure, land or water shall be used except for one of the following uses: 39 a. Single-family dwellings including the garages and other customary S:\CA\Ordinances\LDR Changes\Rev. non residential uses 080904.doc - -~-~---_.--- ------- -"'"'"""'~~-~-~«,-"-- ~_ _-_--'C"'...__."",,=_..___...,-_._.. - -'~._~--"''''-'''-_~''''''''''''''___.'-- >~-<-~_._,.~...,....--.....;. -~~-- I accessory buildings. Carports are not a11owed. Disaster shelters are permitted. The shelters 2 are to be used only for the designated purpose in times of danger. 3 b. Churches=-and other places of worship=- with their attendant 4 accessory uses, including daycare and pre-school facilities* conf01ming with Section 11.C 5 hereinafter. providing for u minimum site of one acre with a minimum of one hundred fifty 6 (150) foot frontage, Nursery schools, primary and secondary schools and co11eges and 7 uniyersities are not to be construed to be an accessory use to a place of worship by these 8 regulations. 9 *** 10 e. Primary and secondary schools, semmanes, col1eges and II universities= confolming with Section 11.C hereinafter. .:È I 12 Section 3. Chapter 2. "Zoning", Section ll.C of the Land Development 13 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 14 the words and figures in underlined type, and by deleting the words and figures in struck- 15 through type, as fol1ows: 16 1l.C. NURSERY AND/OR OTHER PRESCHOOL F¡\CILITIES NON- 17 RESIDENTIAL USES IN SINGLE-FAMILY ZONING DISTRICTS: 18 19 L Day care and other preschool facilities shal1 comply with the state health 20 department and a11 other regulatory agency requirements 21 *** 22 3. The fo11owing applies to facilities to be located within zoning districts limited to 23 single family homes: 24 a. Building design for nursery/preschool/davcare uses shall be consistent 25 with surrounding residential styles; 26 b. Located along the foHowing roadway types as designated in the City of 27 Boynton Beach Comprehensive Plan: stattrarterials, county arterials, and county co11ectors 28 c. Minimum site size for day care and other preschool facilities shall be ef I 29 one-half (0.5) acre; 30 d. Minimum site size for primary and secondary schools. coJleges. 31 seminaries, universities. churches and other places of worship shaH be one (1) acre with a 32 minimum frontage of one hundred fifty (150) feet. 33 è. ~ Minimum separation requirement. .. 34 e-:-L-Similar buffer (wall) regulations for commercial uses A minimum S:\CA\Ordinances\LDR Changes\Rev. non residential uses 080904.doc 1 buffer width of five (5) feet and a landscaping barrier shall be required for an parking and 2 vehicle use ~u'eas, and outdoor recreation areas that abut residential zoning districts :~hould 3 apply, and dDistances between outdoor play areas and adjacent single family homes shall be 4 maximized. 5 Section 4. Each and every other provIsIon of the Land Development 6 Regulations not herein specifically amended, shall remain in full force and effect as 7 originally adopted. 8 Section 5. All laws and ordinances applying to the City of Boynton Beach in 9 conflict with any provisions of this ordinance are hereby repealed. 10 Section 6. Should any section or provision of this Ordinance or any portion 11 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 12 not affect the remainder of this Ordinance. 13 Section 7. Authority is hereby given to codify this Ordinance. 14 Section 8. This Ordinance shall become effective immediately. 15 FIRST READING this -3... day of August, 2004. 16 SECOND, FINAL READING AND PASSAGE this _ day of 17 August, 2004. 18 CITY OF BOYNTON BEACH, FLORIDA 19 20 21 Mayor 22 23 24 Vice Mayor 25 26 27 Commissioner 28 29 30 Commissioner 31 32 33 Commissioner 34 A TrEST: 35 36 37 City Clerk 38 39 S:\CA\Ordinances\LDR Changes\Rev. non residential uses 080904.doc --.~ -~--- . ~---..-.....-.~<~~--~-~--->.-.--- . -"'""'--~<'- ~ ~--, - ------.-,--.--- ._..o....'""._,_..~......<~ _~,__, _ ,___ _~~_..¡;.-_ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04·167 TO: Chair and Members Community Redevelopment Agency Board FROM: Michael W. Rumpf ~e-- Director of Planning and Zoning DATE: July 8, 2004 SUBJECT: CODE REVIEW I CDRV 04-008 Non-residential uses within residential (single-family) zoning districts NATURE OF REQUEST AND SUMMARY Staff is proposing amendments to the land Development Regulations intended to reduce potential negative impacts upon single-family neighborhoods from non-residential uses. The proposed amendments would add locational requirements, minimum lot size and frontage standards, landscaping and buffering requirements, and the conditional use process for selected non-residential uses proposed within any zoning district limited to single-family homes. Staff concludes that churches, schools, and day care uses should continue to be allowed within residential zoning districts. However, since they often perform inconsistent with residential environments, particularly in terms of traffic characteristics, additional regulations are warranted. Staff recommends that churches and schools (similar to day care uses) should be restricted to 1 acre" or greater parcels located on state and county arterials and county collectors, meet a minimum frontage standard of 150 feet, and include a minimum 10-foot buffer width and "barrier" landscaping along parking areas to adequately screen them from adjacent residential properties. Staff also recommends that churches and schools within single-family zoning districts be allowed by right when fronting arterial roadways and be treated as conditional uses when fronting collectors. The intent is to allow for the appropriate case-by-case review and application of additional requirements to address potential incompatibilities such as outdoor play areas, project size, etc., and to facilitate public notification and involvement. To provide direction and support for the subject analysis that is facilitated by the conditional use process, staff further recommends that specific text be included that describes the necessity to maintain uses that function compatibly with residential neighbomoods. BACKGROUND Following the site plan approval of a church within an R-1-AA, Single-family zoning district, in 2003, and the realization of the potential impacts upon single-family neighbomoods from non-residential uses, staff proposed to the Commission the use of the Zoning in Progress process to postpone processing of any similar requests while the city zoning regulations were evaluated. A corresponding Notice of Intent (NOI) was approved by the Commission on February 17, 2004. The NOI was approved for a period of 6-months, during which time staff would complete a study and if necessary, propose code amendments to ensure the continued preservation of single-family neighbomoods. The analysis of the code is completed and recommendations formulated for Board and Commission consideration. ANALYSIS existing regulations The city's single-family zoning districts Include R-1-AAA, R-1-AAB, R-1-AA, R-1-A and R-1. The list of those uses currently allowed within these districts is as follows: Page 2 CORY 04-008 a. Single-family homes; b. Churches/places of worship on a minimum of one (1) acre with a minimum frontage of 150 feet (and accessory uses), daycare and pre-school requiring conditional use approval; c. City-owned and operated facilities; d. Private golf courses and associated clubhouse and recreational facilities; e. Primary and secondary schools, seminaries, colleges and universities as conditional uses; f. Home occupations conforming with respective supplemental regulations; g. Community residential homes with 6 or fewer residents subject to state laws and distance separation; and h. Nursery schools, day care centers and other preschool facilities as conditional uses and conforming with respective supplemental regulations. The newest item to this list is item "h", nursery schools, which was added following a private petition in 1999, which was justified, in part, by the general and geographic needs for such uses, and the close relationship between single-family neighborhoods and nursery schooVday care uses. City staff supported this addition to the zoning regulations, contingent upon the inclusion of location and site standards necessary to minimize impacts upon single-family neighborhoods. These requirements were placed in Section 11. Supplemental Regulations of the City's zoning code. The use "nursery schools", and the corresponding supplemental regulations were used, in part, as a basis for conducting this review and formulating appropriate code amendments. Historically, such non-residential uses, mainly churches and schools, have been permitted uses within single-family zoning districts, as such uses typically selVed residents within the adjacent neighborhoods. Since such uses were primarily attended by local residents, the size of such uses would be proportional to the subject neighborhood, and vehicular traffic impacts would be minimal. In essence, such uses were compatible with the residential environments within which they were located. However, significant changes in population growth, mobility, and social characteristics have significantly changed the basic "neighborhood" and what are cohesive non-residential uses. Non-residential uses that do not primarily selVe adjacent neighbors, have higher traffic characteristics, which may exceed those which are normal to a single-family neighborhood. Since such uses could always potentially selVe a portion of local residents, and warrant maximum zoning district options, non- residential uses should not be removed entirely from single-family zoning districts. Proposed amendments Staff used the analysis and conclusions from the previous code review regarding day care uses, and conclude that the principal impacts of such non-residential uses related to traffic, and can be avoided by limiting them to properties at the periphery of single-family zoning districts. Traffic and other incompatible factors would be addressed by a few recommended code amendments, as described below. Location: Non-residential uses could be limited to the periphery of single-family zoning districts by restricting them to specified types of roads. This method was used In accommodating day care uses within residential districts, which limits them to only properties that have frontage along state and county arterials, and county collectors. This allows them in close proximity to residential environments yet prevents or minimizes traffic impacts upon local streets. Lot size and frontaae: By establishing a minimum parcel size and frontage, only those parcels that can accommodate proper site design, including parking areas, building location, and the aforementioned landscaping and buffering requirements, are used for such non-residential uses. Staff recommends that the minimum " ~_,........."".__..-..___=~-- _ __=_,__ ....__...__~_~~ '_0 _ ____.~,______., - .__ ~'''''''~'_~_=='<_''-'d''''''' ___ -l-;. .-.~------~-' ,..., .._--~-<. Page 3 CDRV 04-008 acreage standard of 1 acre currently applicable to churches, continue for all churches, and also apply to schools, leaving the one-half (0.5) acre standard in place for day care uses. Staff also recommends the addition of a minimum frontage requirement to prevent narrow and deep properties from being used for churches and schools. This requirement is appropriate as the potential for impacts will increase as design options are reduced, including the reduction in distance between parking areas and homes. Staff recommends that a minimum standard of 150 feet be required for churches and schools. Staff does not recommend an increase in the minimum land area for day care uses, nor the addition of a frontage requirement for day care uses, as such uses typically have minimal impacts on residential neighborhoods being attributed to operational characteristics, minimal parking needs, and project sizes. Bufferina and landscapina: The peak operations of many churches occur during the quieter periods of residential neighborhoods. Further, the characteristics of churches and schools that are most incompatible with residential environments are primarily vehicles and parking areas, and secondarily, outdoor recreational areas. Therefore staff recommends that additional buffering and landscaping requirements apply along parking or vehicle use areas. Staff recommends a minimum buffer width of 5 feet, along vehicle use areas, and that the ·balTier" landscaping requirement apply. A landscaping balTier is currently required in specified situations where a solid screen is warranted to adequately buffer certain uses immediately upon planting. The minimum width of 5 feet would double the buffer width currently required, would increase the physical distance between uses, and provide the needed space for the improvements required to comprise a landscape "balTier". Additional width and plantings may be required depending on the distance separation between parking and other active areas and adjacent homes. The conditional use requirement, as recommended below, would facilitate the requirement for appropriate and greater buffering as just described. Staff also recommends that existing regulations be amended to also add this buffer/barrier standard to day care uses. Conditional use: In order to allow for the case-by-case review and application of appropriate site or other requirements, as necessary to address site or operational impacts, staff recommends that churches and schools fronting collector roadways also be conditional uses. This will also ensure that unique site characteristics are properly reviewed, such as outdoor play areas, and that appropriate notification of, and involvement by, affected residents. existing uses The potential always exists to create non-conforming uses through more restrictive code amendments. With respect to public schools, only one elementary school is zoned a single-family district (R-1), but located consistent with the proposed locational criteria. As for future locations, location and property criteria of the school district will likely exceed any standards proposed herein. However, in the unlikely event that a school site is identified that does not meet the roadway standards recommended by staff, and if the community supports such a location, than a code amendment would be warranted. With respect to churches, after a cursory review of church locations, staff identified seven (7) churches possibly operating within a single-family zoning district and not located on an state or coùnty arterial, or county collector. These existing churches would therefore become "non-conforming" under the proposed amendments, unless provisions were included, similar to that which is applicable to day care uses, exempting pre-existing uses from the new restrictions to allow minimal site improvements and expansions. However, the conditional use requirement should still apply to such uses to facilitate the appropriate review against changes that would further impact adjacent residential properties. As for the locations of existing, potential non-conforming churches, three (3) of the seven (7) churches described above are located within the Heart of Boynton Redevelopment Area; however, the majority of churches within this redevelopment area are not zoned a single-family district, and would therefore Page 4 CDRV 04-008 not be affected by the proposed regulations. Comparison analysis The comparable regulations of only two adjacent jurisdictions were considered in this analysis, the Cities of lake Worth and Delray Beach. Both jurisdictions cUJTently have coJTesponding regulations that are more restrictive than cUJTently in place in Boynton Beach. Both lake Worth and Delray Beach simply sUbject both churches and schools, proposed within single-family zoning districts, to the special exception or conditional use process, and Lake Worth only allows day care uses as ancillarv to a permitted use in a single-family zoning district. RECOMMENDATION Staff recommends that these proposed amendments to Chapter 2. Zoning of the City's land Development Regulations be approved. Staff further recommends the extension of the Notice of Intent by a minimum of one (1) month to allow time to adopt the corresponding ordinances prior to its expiration. MR S:lPlamlngISHARED\WPIPROJECTS\COOE REVlEWlNon-Residentiaf Uses (Chuches, sc:hooIs..)\Staff Report-non residential uses In sf dlstt1cIs rev.doc ._-_.-. .....-_. . ~_~o¥.""'_'_""_'_'_""'_~-~_~_-~_ -------.-~- _ ............,-...-k_,___>'_......~,~~...__"-_, '._'" .....~.--- XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.3 AGENDA ITEM REQUEST FORM Requested City Comrrrission Date Final Form Must be Turned Requested City Comrrrission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c:J August3,2OO4 (Noon.) July 19,2004 c:J October 5, 2004 (Noon) September 20, 2004 ~ August17,2004 (Noon) August 2, 2004 c:J October 19, 2004 (Noon) October 4, 2004 c:J September 7, 2004 (Noon) August 16,2004 c:J November 3,2004 (Noon) October 18,2004 n c:J September 21, 2004 (Noon) September 7, 2004 c:J November 16, 2004 (Noon) November I, 2~ Ç") --I -io- ~-< ):"to -<0 r: ç-; -., G) c:J Administrative c:J Development Plans ,--co I ,-"0 en -::0-< NATURE OF 0 Consent Agenda 0 New Business :~¡:":: ;:: AGENDA ITEM 0 ~ :;: <.':;--1 Public Hearing Legal 0 --~ oz 0 0 \~? "71 Bids UnfInished Business -,cu -01 0 0 cO:> 0> Announcement Presentation û:) r<1n 0 :::c City Manager's Report RECOMMENDATION: Please place this request on the August 17, 2004 City Commission Agenda under Legal, Ordinance-Second Reading. The City Commission with a unanimous vote approved this request under Public Hearing including First Reading of the Ordinance on August 3,2004. For further details pertaining to this request, see attached documentation. EXPLANATION: The subject petition requests establishment of a Community Development District (CDD) for the "Canterbury Development", a residential project consisting of 155 townhomes in Quantum Park. A CDD is an independent district authorized by Chapter 190, Florida Statutes, for the purpose of planning, constructing, acquiring, operating and maintaining infrastructure in large planned community developments. The proposed District will fmance drainage, potable water supply and sanitary sewer systems and operate and maintain drainage system for the development; potable water and sanitary sewer systems will be operated and maintained by the City. The applicant has met all statutory notification requirements. PROJECT: High Ridge/Quantum Community Development District AGENT: Peter L. Pimentel OWNER: Westbrooke Communities, Inc LOCATION: North of intersection of Gateway Boulevard and High Ridge Road in Quantum Park PROGRAM IMPACT: None FISCAL IMPACT: None ~ ALTERNATIVES: N/A '" Devel City Manager's Signature ~(~ LA rt:: City Attorney / Finance / Human Resources lanning and Zomgg irector S:\Planning\SHARED\WP\SPECPROJ\CDD\CDD\Agenda request CDD Quantum Park 2nd reading 8-17-04.doc S:\Planning\SHARED\WP\SPECPROJ\CDD\CDD\Agenda request CDD Quantum Park 2nd reading 8-17-04.doc 1 ORDINANCE NO. 04-c4~ 2 AN ORDINANCE OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, EST ABLISlllNG THE IDGH 4 RIDGE/ QUANTUM COMMUNITY DEVELOPMENT 5 DISTRICT; ESTABLISHING THE BOUNDARIES OF 6 THAT DISTRICT; APPOINTING THE INITIAL BOARD 7 OF SUPERVISORS; PROVIDING FOR POWERS OF 8 THE BOARD; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 WHEREAS, on May 17, 1994, Westbrook Homes submitted a petition to the 13 ity for the creation of a community development district for High Ridge/Quantum 14 ommunity Development District ("High Ridge"), in accordance with Section 190.055(2) 15 a), Florida Statutes; and 16 WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part 17 ereof contains the information required in Section 190.005(10)(a), Florida Statutes; and 18 \VHEREAS, a public hearing on the petition was conducted by the City 19 ommission on August 3, 2004, at City Hall in accordance with the requirements of 20 ections 190.005(2)(b) and 190.005 (1) (d), Florida Statutes; and 21 WHEREAS, the City Commission has reviewed the six (6) factors set forth in 22 ection 190.005(1)(e) and the record of the public hearing held on August 3, 2004, in 23 aking its determination as to whether to grant or deny the establishment of the High 24 idge/Community Development District; and 25 WHEREAS, the City Commission has determined that: 26 1. That an statements contained within the Petition have been found to be 27 e and correct. :\CA\Ordinances\Planning\High Ridge Quantum CDD.doc Page 1 of 4 ---»-=---- . >_.~_.~L ~~~~_,.....=-.<..-.., _,.. ~__, ._.' -_ _ ~- , ._-~------.^<,~~. .> ._"~~"",-",,,,~-,-_",,___._ ~__Co ~ ,__,,o. 1 2. That the creation of the District is not inconsistent with any applicable 2 lement or portion of the State Comprehensive Plan or of the effective local government 3 omprehensive plan. 4 3. That the land within the proposed District is of sufficient size, sufficiently 5 ompact and sufficiently contiguous to be developable as one functional interrelated 6 ommunity. 7 4. That the creation of the District is the best alternative available for 8 elivering the community development services and facilities to the High Ridge/Quantum 9 orporate Park. 10 5. That the proposed services and facilities to be provided by the District are 11 ot incompatible with the capacity and uses of existing local and regional community 12 ervices and facilities. 13 6. That the area identified in the Petition is amenable to be included in the 14 roposed District; and 15 WHEREAS, the City Commission has determined that the creation of the High 16 idge Quantum/Community Development District would be consistent with the criteria 17 r community development districts as set forth III the Uniform Community 18 evelopment District Act of 1980; 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 20 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section l. Each Whereas clause set forth above is true and correct and herein 22 corporated by this reference. :\CA\Ordinances\Planning\High Ridge Quantum CDD.doc Page 2 of 4 . 1 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, 2 he City Commission of the City of Boynton Beach, Florida hereby establishes a 3 ommunity development district as foIIows: 4 CREATION AND NAME: There is hereby created a Community Development I 5 istrict to be known as HIGH RIDGFJCOMMUNTY DEVELOPMENT DISTRICT. 6 LEGAL DESCRIPTION: The legal description for the Community Development 7 istrict is attached hereto as Exhibit "A" and incorporated herein by reference. In 8 ddition, a map depicting the land area to be serviced by the District is attached as Exhibit 9 B" and incorporated herein by reference. 10 BOARD OF SUPERVISORS: The initial Board of Supervisors are as foIIows. 11 heir tenns, powers and duties are as described in Chapter 190, Florida Statues: 12 (a) Harold Eisneacher 13 (b) David Webber 14 (c) Russen Barnes 15 (d) Michael DeBock 16 (e) Claudia Feldman 17 Section 3. The Board of Supervisors shaH have only such powers as set forth 18 Florida Statutes 190.011 and 190.012. 19 Section 4. That any individuals who purchase property in the District should 20 e advised of the existence of the District, as well as the costs associated with owning 21 roperty within the District. 22 Section 5. That all ordinances or parts of ordinances in conflict herewith be 23 d the same are hereby repealed. :\CA\Ordinances\Planning\High Ridge Quantum COO.doc Page 3 of 4 .----<--- ,- -. . ~,---_.----- --"'""-<.........,.....,~,-- -,~.. .~_._--- ~,,- -----..~"' <._<~-...- ~-~ ---. ___~...,~'"'_,,:..~_____ --4 >_.., 1 Section 6. Should any section or provision of this ordinance or portion hereof, 2 ny paragraph, sentence, or word be declared by a court of competent jurisdiction to be 3 valid, such decision shaH not affect the remainder of this ordinance. 4 Section 7. Authority is hereby granted to codify said ordinance. 5 Section 8. This ordinance shaH become effective immediately upon passage. 6 FIRST READING this ~ day of Att(~lJ. ~ , 2004. 7 SECOND READING and FINAL PASSAGE this - day of 8 ,2004. 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 TIEST: 26 27 28 29 ity Clerk 30 31 32 33 calOrdlQuantumDRJ -200I-No. 11021201 34 :\CA\Ordinances\Planning\High Ridge Quantum COO.doc Page 4 of 4 Exhibit A LEGAL DESCRIPTION BEING LOT 88 AND A POR1JON OF LOlS 83, M, 88 AND 87. QUANlUM PARK AT BO\'NTON BEAat. P.LD. PLAT NO. 8. PLAT BOOK 57. PAGES 198 AND 197, PUBUC RECORDS OF PAUt BEAai COUNTY, flORIDA. DESælBm AS F"OlLOWS: BEGINNING AT 1HE NORTHEAST CORNER Of' SAID lOT 88, RUN 1HENCE scum 89-12·27· WEST AlONG THE NOR1H UNE OF SAID lOT 88. A DISTANCE OF 364.01 FEET; THENCE SOUTH 00-31·11- YtEST ALONG 1HE WEST UNE OF SAID LOT 88, A DISTANCE OF 398.48 FEET: THENCE SOUTH 12,...02'41· ¥tEST ALONG 1HE SAID WEST UNE OF LOT 88 AND ALONG 11iE WEST UHE OF SAID LOT 87 AND AlONG , THE WEST UNE Of" SAID LOT 83, A DISTANCE OF 415.97 FEET: 1HENCE NORlH 00...00'00· EAST, A DISTANCE OF 7~.81 fEET: THENCE NORlH 7;s...35'59- EAST, A DISTANCE Of 313.44 fEET TO A POINT ON THE Ya£S1ERl Y RIGHT OF WAY UHE OF HIGH RIDGE ROAD AS SAME IS SHO'" ON SAID PlAT NO. 8. SAID Yt£STERL Y RIGHT OF WAY UNE ALSO BÐNG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 466.00 FEET FROM MIlCH A RADIAl UHE BEARS SOUTH 62-11'30· R:ST; 1HENCE NORTHWES1£RL Y ALONG SAID Vt£STERL Y RIGHT OF WAY UNE AND AlOHG THE ARC OF SAID aJR~ lHROUGH A CENtRAL ANGlE Of' 37-26'13-. A DISTANCE OF 3<K.48 FEET TO lHE POINT OF TANGENCY; THENCE NORTH 65-'4'43- WEST, CON1JNUING E SAID Yt£S1ERLY RIGHT Of WAY UN£. A DISTANCE OF 50.00 TO THE POINT OF CURVA1\JRE OF A CUR'Æ CONCAVE TO THE N EAST HA"'NG A RADIUS OF 550.00 FE£T: THENCE NOfmfYtES I~ Y ALOHG THE ARC OF SAID aJR\£ 'THROUGH A ŒN1RAL ~!J ANGlE Of' 84-34'56-. A DISTANCE Of 619.05 FEET TO THE POINT OF BEGINNING. CONTAINING 11.612 ACRES, MORE OR lESS. A PARCEL OF LAND Sl1\JATE IN SECl10N 18. TOMISHtP 45 SOUlH, RANGE 43 EAST, PALM BEACH COUNTY, f1..ORIOA. eeNG MORE PARtICUlARLY DESCRIBED AS LOT 89-B, QUANlUM PARK AT BO'rNTOH B£ACH, PJ.O., PLAT NO.8, AccawlNG TO lHE PlAT THEREetr, AS RECORDED. IN PLAT BOOK 57, PAGES 196 lHROUGH 191, INCLUSIVE, OF 'THE PUBUC RECORÐS OF PAlM BEACH COUNTY. f1.ORJDA. LESS THE FOlLONNG DESCRIBED PARCEL: . FOlLOWS: BEGINNING AT THE NORlHEAST CORNER OF LOT 89-A; lHENCE SOUTH 88-24'22- EAST ALONG tHE NORlH UNE OF SAID LOT 89-8 43.08 FEET; THENCE SOU1H 01-35'38· v.£ST 241.17 FEET; THENCE NORTH 8&-024-22" YtEST 265.43 FEET TO A POINT COINCJOENT..,1H 1HE EAST RIGHT-Of-WAY UHE OF HIGH RIDGE ROAD_ M~ED IN THE PlAT OF QUANTUM PARK AT BOYNTC»I BEACH P.J.D., PLAT . . 1NPLAT 800K 57, PACES 198 AND 107, OF THE PUBUC RECORDS OF PALM BEAOf COUN1Y, FLORIDA; ntENCE NOR1H\\£STERL. Y AlONG A aJR'Æ TO THE RIGHT MTH AN ARC OISTANCE OF 45.45 FEET, DELTA ANGl£ CF 05-4""4· RADIUS Of' 4SO.oo FEET, CHORD DISTANCE Of 45.43 FEET AND CHORD BEARING OF' NORlH J0r.055'46· WEST TO lHE SOUllNEST CORN£R Œ LOT 8S-A; THENCE NOR1H 66-36'00- EAST 272.28 f£ET 10 lHE SOUlHEAST CORNER OF' LOT .-Aj lHEHCE NORTH 01"'35'38- EAST 87.81 fEET 10 lHE POINT OF BEGINNING. i¡ ) , - CONTAINING 3.996 Þ.CRES, MORE OR LESS. ~_~ _~___,~_-..~w_~~~,_..---"-,,,_ ...........-.-_0......'-_..-<___··"_·__·__ ,....,--,----,--"';.,~._-.-.--.- - .---. .-.~-~-~~_-.....=-<_.....-__.-""-,-.-.'.,..,.~----~......-.. - EXHIBIT liB" Loca~1on Map 'L_rU~_Ml~ ,_~:,_. 13FAWlGÅNDClIi MINER RD LIST A £V''''.' .," ~ -< . --- '. __ .-...-_- "_--'_:,- o,--C.;' ,ß~L ,~"~,~'!X" !:+O. tA .:~rET0...·,~,,:. 'Ii'.".' ..' 00'. ···Ft".P .,. . "" .'..... ;">. _~~ __. _'0 _ '. _', _.- ___ .';:-_ __--. . . '--'. --". - . i- ;"" i ,...... , :<.- '. ...._. .,:;-c ¥ . if f: ¥~ Ii _'. ...... ., . '., .' .' ......1t ··OLD __aOVNJ"Q.tt_, ~~\"a.te p~ .... ,., ~:rs6~ Special District Services. Inc, ~9~~ III ;p \6), l>$ ~- - -~.-:..'-~--""-~""~'-~~~=~~= .. ~c:I tt,f.'}) -- -~'---~'-~=:- . . June 8) 2004 Ju~ 9 2004 f ; I ¡ - . =-........-. - "'-..--.J Mr. Quintus Greene Development Director City of Boynton Beach P.O. Box 310 Boynton Beac~ Fla. 33425-0310 RE: Petition for the Creation of High Ridge/Quantum Community Development District Dear Mr. Greene: This letter will serve as the formal request for a time extension iTom the requirements of Chapter 190.005(2)(b» Florida Statutes to hold the Public Hearing for the above referenced petition within 45 days after the petition is filed. Further) enclosed is check number 1571 nom the Westbrooke Communities, Inc. in the amount of $15)000 which represents the filing fee for processing the petition. I acknowledge that Westbrooke is responsible for advertising the hearing. Proof of publication will be provided prior to the August 3, 2004 hearing. Thank you for your assistance in this matter. If there is anything else that is required, please let me know. ~~Cþ/. Peter L. Pimentel President ., mr.& ŒJ ¡g œ @I I ~L JM 9~ J ~ enclosure l~fP.'m"ENT OF D'VElO I _._----~ 11000 Prosperity Farms Road· Suite 104· Palm Beach Gardens, FL 33410 Phone 561.630.4922 · Fax 561.630.4923 · Toll Free 877.737.4922 - -- --- ...---------- _-,"_. "':__,_.~ __~",_,,_~ __~- ~ '0__ _~,,...,_ <___~__ -_..._~,~__~.~-_ -._~<~,____.__ ---- <~~.~__;,_~<_~._._~.__ __~__,__-o --j. ... . \ .\ I.~':.\ '~!1. ~....l - --- - '-""'- 'F","C --------- PETITION BY WESTBROOKE HOMES FOR THE PASSING OF AN ORDINANCE To ESTABLISH THE HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT IN THE CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA MAY 17,2004 ~ - . BEFORE THE CITY COMMISSION OF " THE CITY OF BOYNTON BEACH, FLORIDA (, ) --~,-< "",-~""". INRE: AN ORDINANCE TO ESTABLISH ) THE HIGH RIDGE/QUANTUM ) COMMUNITY DEVELOPMENT DISTRICT ) PETITION WESTBROOKE HOMES, A Florida general partnership ( the "Petitioner"), hereby petitions the City Commission of the City of Boynton Beach. Florida, pursuant to the "Unifonn Community Development District Act of 1980". Chapter 190. Florida Statutes. as amended and supplemented (herein, the "Act). Specifically this Petition is made pursuant to Section 190.005(2) of the Act, to establish a community development district with respect to the lands described herein. In support of the Petition, Petitioner states: 1. The proposed District ( as defined below) is lòcated in the incorporated area of the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the proposed District. The proposed District covers approximately 15+/- acres of land. The real property within the boundary of the proposed District is a parcel of land located ( ) North of Gateway Boulevard of which approximately 11.61 acres lie on the West side of High Ridge Road and approximately 3.99 acres lie on the East side of High Ridge Road. The metes and bounds description of the external boundaries of the District is set forth on Exhibit 2. 2. Attached to this Petition as Exhibit 3 and made a part hereof is the written consent to the establishment of the District of the owner of the 100% real property to be included in the District. 3. The five (5) persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name Harold Eisenacher David Webber Russell Barnes Michael DeBock Claudia Feldman 4. The proposed name of the District to be established is the High Ridge/Quantum Community Development District e'the District"). ( _._¿-..-~,_=__,~___~~ ,_~_,_ >__o__~,·___ _ -¿._..__'......'"-'--___...~_ -~----....~-~-"'.- ..-._" - ---~--~-~~~-----~- " . . 5. There are not existing major trunk water mains, sewer interceptors and ", , outfalls. ~ >--&.-~ ¡ ~~- ~=.c_.=---,---_ 6. The proposed timetable for the construction of the District services is shown on Exhibit 4. as well as the estimated cost of constructing ~e services. This is a good faith estimate, but is not binding on the Petitioner and the District and is subject to change. 7. The future general distribution, location and extent of public and private uses within the District are limited to residential sites and open space. The proposed uses are consistent with the future land use plan element of the Comprehensive Plan of the City of Boynton Beach, Florida (the "City''). The future land use map is shown on Exhibit 5. The land within the proposed District is zoned for mixed use. It is further anticipated that the subject lands will be pennitted to be developed for approximately 155 townhomes ranging in approximate square footage of 1,492 to 1,936 with prices ranging from $170,000 to $215,000. The Petitioner intends that the District will finance (i) surface water management and control systems, (ii) water distribution and wastewater collection and transmission facilities and (iii) related incidental costs which may include the acquisition of real property (collectively, the "Public Infrastructure"). Upon completion by the Petitioner of the water distribution and wastewater collection and transmission facilities and acquisition by the District, such facilities will be dedicated to the City to be connected to the City's existing water and wastewater lines. " 8. Exhibit 6 is a statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 9. Petitioner hereby requests that the proposed District be granted the right to exercise all powers provided for in Section 190.012(1), Florida Statutes and the additional powers listed in Section 190.012(2)(a) and (d). 10. The Petitioner is Westbrooke Homes, a Florida general partnership. The Petitioner is acting on behalf of itself as a landowner, which owns 100% of the real property to be included in the proposed District. Petitioner will develop the land within the District, including the construction of the Public Infrastructure, which will be acquired by the District. It is contemplated that the vertical improvements on the developed lots will be constructed by the Petitioner and other builders. Copies of all correspondence and official notices should also be sent to: Stephen D. Sanford, Esq., c/o Greenberg Traurig, P .A., 777 South Flagler Drive, Suite 300 East, West Palm Beach, Florida 33401; (561) 650-7945. 11. The property within the proposed District is amendable to operating as an independent special district for the following reasons: (a) Establishment of the District and all land uses and services planned within the proposed District are consistent with applicable elements or portions of the effective ( City's Comprehensive Land Use Plan, as amended. , · . ( (b) The area of land within the proposed District is of sufficient size and is --- . i\lfti~8RtIy eeæpaet Ml.d conhëUV~ tv bç dev~ope(t as one functIOnal mterrelated community. (c) The community development services of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. (d) The proposed District will be the best alternative available for delivering community development services to the area to be served because (i) the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the District, (ii) the Act authorizes a community development district to acquire infrastructure improvements previously constructed by the Petitioner or allows for a community development district tOt in the first instancet construct such infrastructure improvements, (iii) the timing for the creation of the proposed District and the issuance of special assessment bonds is compatible with the timing for the construction and acquisition of such infrastructure improvements which will result in direct benefit to the landowners and their assigns within the District, (iv) establishment of a community development district in conjunction with a comprehensive planned communityt as proposedt allows for a more efficient use of resources as well as providing the opportunity for new growth to pay for itself, and (v) establishment of the District will provide a perpetual entity capable of making reasonable provisions for the \ , operation and maintenance of many of the District services and facilities. / 12. The Petitioner undertakes on behalf of the District that the District will provide full disclosure of information relating to the public financing and maintenance of improvements to real property to be undertaken by the District as required by Section 190.009 and Section 190.048t Florida Statutes of the Act, as amended. [Remainder of page intentionally left blank] , "......._._........',~~~~...._~..-~ -,.~ -- ~-- --><-" -- ~,--,-~ ,-~..,,- .<-.-- -,.-<.-_...-.,..,,---...~ -~~, "" - . WHEREFORE, Petitioner respectfully requests the City Commission of J Boynton Beach, Florida to: --- .~ ~~-o-:::;-_· Hold a public hearing as required by Section 190.005(l)(d), Florida Statues to consider the establishment of the High Ridge/Quantum Community. Development District; and Enact an ordinance pursuant to Chapter 19(), Florida Statutes, granting this Petition and establishing the High Ridge/Quantum Community Development District. Respectfully submitted this 17th day of May 2004. WESTBROOKE HOMES, a Florida general partnership, as Petitioner By: WESTBROOKE COMPANIES, INC., a Delaware corporation and general partner I BY:~~ Name: Davi Webber Title: Vice President ( HIGH RIDGE/QUANTUM COMMUNITY DVELOPMENT DISTRICT \. t } ~-'- -'''''''''''''~._--.::;-.:~ - - --~-,., . EXtbDIT5 Exhibit 1 Location Map Exhibit 2 Legal Description Exhibit 3 Consent and Proof of Ownership or Control Exhibit 4 Construction Timetable and Good Faith Cost Estimate Exhibit 5 Future Land Use Map fi'om the City of Boynton Beach, Florida Comprehensive Plan depicting the location of the proposed District Exhibit 6 Statement of Estimated Regulatory Costs ( ~ - .~-~._._~-,._~,--..,.,..~~ -~~~..--==--~--.._-_....-.~ ~ . --~--< ~.----,..~"" ,~- . »-- ----- .<. .._.~----~-~~_...-~-,-~ /' Location Map ~-- --_._~- - ~-:t;"" : .~ tL"If '""_ ,~;. 13 FAWKWID CD; MINER RD - LIST A 1 GAT@wAY ! I ¡ LI VA . in&;",;i' j b MOTOROLA BEA~H - CORP. i ) . 1 ~.~ DFI '-.-,,,.- . '--. 'æ S í ,,: _~~. [I ~~\ ::1 w a: ~i ~ 0 ~"- . :r 0 ·0° ~-Q) ~ m i ; Exhibit 2 t LEGAL DESCRIPTION 0_="""'-___ - BEING LOT 88 AND A PŒ110N OF LOlS 83. 84. 88 AND 87. QUAN1UM PARK AT BO"r'NTOH BEAat. P.Lo. PLAT NO. 8. PLAT BOOK 57. PAGES 198 AND 197. PUBUC RECORDS OF PAlM BEAai COUNTY. FlORlOA. DESaœED I-S FOU.OWS: BEGINNING AT THE NORTHEAST CORNER or SAID LOT 88, RUN THENCE Sou1H 89-12'27· WEST ALONG THE NOR1H UN£ OF SAID LOT 88. A DISTANCE OF' 384.01 FEET; THENCE scum 00-31'11· WEST ALONG 1HE WEST UHE OF' SAID LOT 88. A DISTANCE OF 398.48 fEET~ THENCE SOUTH 12...02'41· YÆ:ST ALONG 'DiE SAID WEST UNE OF LOT 88 AND ALONG THE ¥tEST UN£ OF SAID LOT 87 AND ALONG THE WEST UNE OF SAID LOT 83, A DISTANCE OF 415.97 FEET: THENCE NORTH 9().wOO'OO· EAST. A DISTANCE OF 73S.81 FEET: THENCE NOR1H "7~35'59· EAST," A DISTANCE OF' 313.4... FEET TO A POINT ON lHE YtES1ERL Y RIGHT OF WAY UHE OF HIGH RIDGE ROAD AS SAME IS SHO., ON SAID PlAT NO. 8. SAID v.ES1t:Ju.Y RIGHT Of WAY UNE ALSO BEING A CURVE CONCA'Æ TO 11£ SOUTHKST HAVING A RADIUS OF 466.00 FEET FROW WHICH A RADIAL UHE BEARS SOUTH 62""1'30- Yt£S'n THENCE NORTHWES1ERt.Y ALONG SAID WESTERlY RIGHT or WAY UNE AND ALONG THE ARC Of SAID WRVE'THROUGH A CEN1RAL ANGlE OF' 37....28·,3·. A DISTANCE OF 304.48 FEET TO THE POINT OF' TANGENCY: THENŒ NORm 85-14'43- WEST. CONTINUING ~G SAID WESTERLY RIGHT or WAY UN£. A DISTANCE OF 50.00 10 tHE POINT OF CURVA'nJRE OF A aJR'Æ CONCAVE TO lHE N 1HEAST HA\tNG A RADIUS OF 550.00 FEET: lHENCE ( j NOfmfYÆSŒRl.Y ALONG THE ARC Œ SAID aJRVE lHROUCH A CENTRAL ANGLE OF' 84-3...·56·. A DISTANCE OF 819.95 FEET TO THE POINT ,j OF' BEGINNING. CONTAINING 11.812 ACRES, MORE OR LESS. A PARCEl. OF LAND SllUATE IN SECTION 18. TOWNSHIP 45 SOU1H. RANGE 4J EAST. PALM BEAOf COUN1Y. FLORIOA, BEING MORE PAR11CULARLY OESCRJBED AS LOT 89-e. QUAN1UM PARK AT BO't'NTOH BEACH. PJ.o.. PLAT NO.8. ACCORDING 10 'DfE PlAT lHEREOF. AS RECORDED IN PLAT 800K 57. PAGES 198 THROUGH 197. INCWSM. OF mE PUSUC RECORDS OF PALM BEACH COUNTY. R.ORIDA. l£SS THE fa.LONNG DESCRIBED PARCEL: FOlLOWS: BEGINNING AT lHE NORTHEAST CORNER Of LOT 88-1.; 1HENCE SOUTH S8H24·22· EAST ALONG THE NOR1H UNE OF SAIOLOT 89-8 43.08 FEET: THENCE SOU1H 01,..35'38· WEST 241.17 FEET: THENCE NOR1H .....2.·U- WEST 285.43 FEET TO A POINT COINCJOENT "'1M 1HE EAST RIGHT-OF-WAY lINE Œ HIGH RIDGE ROAD. M~ IN 1HE PLAT OFQUAN1UW PARK AT BOYNTON ŒAOt P.I.D.. PlAT . 1M PLAT BOOK 57. PAGES 198 AND 187. OF "1H£ PUBUC RECORDS OF PALM BEAaf COUNTY. FlORIDA; 1H£NCE NORlHWES.UCL Y AlONG A CUR'Æ TO 1HE RIGHT MTH AN ARC DISTANCE OF 4S.45 fEET. DELTA ANGLE OF 05øv47'14- RADIUS OF 4SO.oo FEET. CHORD DISTANCE OF' 45.4.3 FEET AND CHORD BEARING OF' NORlH 3ONSS·.· WEST 10 THE SOU'1HEST cœNER Œ LOT 88-A; THENCE NORTH 66-38'00- EAST 272.28 FEET TO 1HE SOUTHEAST catHER OF' LOT B9-A; ( THENCE NORTH 01"'35'J8- EAST 87.81 FEET 10 THE POINT Of BEGINNING. CONTAINING 3.998 ACRES. MORE OR LESS. ._~.- ,-."...-"-......-= -~.--- '." _..~--,~<..- - <---"_.~,--_.,... -- :-"'-~~- ,~--~--_._---_.,--_.".,-- ->.-._- H __ ___~_,__o_ _"__~............. _..-<--,~ j EXHIBIT 3 , AFFIDAVIT OF OWNERSHIP AND CONSENT \ -..-- - - ~--c-~ TOTHECREATIONOFTBE HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) On this .1..L day of May 2004, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, David Webber who, after being duly sworn, deposes and says: 1. Affian~ David Webber. an individuaJ, is a Vice President of, Westbrooke Companies. Inc.. a Delaware coIpOration (the "Company'). 2. The Company is the general partner of Westbrooke Homes, a Florida general partnership (herein, the "General Partnership))). 3. The General Partnership is the owner of the following described property, to wit: See Exhibit "A)) attached hereto (the "Property))} 4. Affiant, David Webber. hereby represents that he has full authority to execute ( all docwnents and instnmlents on behalf of the General Partnership, including the Petition before the City Commission of the City of Boynton Beach. FloridEL to enact an ordinance to establish the High Ridge/Quantum Community Development District (the "Proposed CDD'). 5. The property represents all of the real property to be included in the Proposed CDD. 6. Affian~ David Webber on bebalf of the General Partnership, as the sole owner of the property in the capacity described above, hereby consents to the establishment of the proposed CDD. FURTHE~ AFFIANT SA YETH NOT. D~~ Subscribed and sworn to before me this 17th day of May .2004, by David Webber · who pe<s<>:J. appeared before me, and is personally known. NoWIy:(\ ~ ~ ~ Print NaIÎÌe: :ø;vce:. . bJ/he£ NotaIy Public, State of Florida :Y: FRANCES J. WARE \; , MY COMMISSION # DD 195918 1IFt\.~ EXPIRES: March 23, 2007 1-8CJO.3.NOTAAY A. NoIay Discoon AIIOC. Co. t Exhibit A { LEGAL DESCRIPTION ~ -- ,,=,-~ BEING LOT 88 AND A panlON Of LOlS 83. 84. 88 AND 87. QUAN1UN PARK AT BO'mTON BEAQt, P.I.D. PlAT NO. a. PLAT BOOK 57, PAGES 195 AND 197, PUBUC RECORDS or PAlM BEAOf COUNTY, flORIDA. DESœIBED AS F'OlLOWS: BEGINNING AT THE NOR1HEAST CORNER Of SAID LOT 88. RUN 'THENCE SOU1H 89-'2'27- WEST ALONG 1ME NOR1H UNE CE SAID LOT sa. A DISTANCE OF 38....0' FEET; »£NeE SOUlH 00-31'11· EST ALOHG 1HE WEST UHE OF SAID LOT 88. A DISTANCE OF 398.48 FEET: THENCE soum 12...02·...'· WEST ALONG 1HE SAID WEST UNE OF LOT 88 AND ALONG lHE Yt£ST UNE Of" SAID LOT 87 AND AlONG . 'THE WEST UNE OF SAID LOT 83. A DISTANCE OF 415.97 fEET: 'TH£HCE NORlH go...oo·oo- EAST. A DISTANCE OF 7~81 FEET: 'THENCE NOR1H 7Jo.o35'SS- EAST. A DISTANCE OF 313...... fEET TO A POINT ON lHE WES1ERL Y RIGHT OF WAY UNE OF HIGH RIDGE ROAD AS SAME IS SHOWN OH SAID PlAT NO. a. SAID WESltlCLY RIGHT Of WAY UNE ALSO BaNG A. CURVE CONCA\t: TO 11£ SOUTHWEST HAVING A RADIUS OF 486.00 FEET fROM WHICH A RADIAl UHE B£ARS SOUTH 62....11·30· YtEST; THENCE NORniWES1ERL Y ALONG SAID WESTERlY RIGHT Of WA. Y UHE AND AlONG 'THE ARC Of' SAD aJR\£ THROUGH A CEN1RAL ANGl£ OF 37-26·,3-, A DISTANCE OF 304.48 FEET TO 1HE POINT OF TANGENCY. THENCE NORm 65-14'43· WEST. CONl1NUlNG :¡: SAID YtOTERLY RIGHT Of' WAY UN£. A DISTANCE OF 50.00 TO THE POINT CE CURVAlURE OF A WAVE CONCAVE TO THE N EAST HA\1NC A RADIUS OF' 550.00 FEET: lHENCE NOR1MYt£STERL Y ALONG lHE ARC OF SAID aJR'Æ lHROUGH A CENTRAL ( , ANGLE OF 54-34'56-. A DISTANCE OF 619.95 FEET TO 1HE POINT . ~ OF BEGINNING. CONTAINING 11.612 ACRES. MORE OR LESS. A PARCEL OF LAND smJATE IN SECl10H 18. TO'*SHIP 45 SOUlH. RANGE 4J EAST_ PALM BEACH COUNTY. FlORIDA. BEJNG MORE PAR11CUlARLY DESCRIBED AS LOT 89-8. QUA.N1\JM PARK AT BOYNTON BEACH. PJ.o.. PLAT NO.8. ACCORDING TO lHE PLAT tHEREOF, AS RECORDED IN PLAT BOOK 57. PAGES 188 1HROUGH 197. INCLUSIVE. OF mE PUBUC RECORDS Œ PALM BEACH COUNTY, flORIDA. LESS THE F'Œ.LONNG DESCRIBED PARCEL: . FOIJ.OWS: BEGINNING AT THE NORlHEAST CORNER OF LOT 89-A: lHENCE SOU1H 88-24'22· EAST ALONG THE NORlH UN£ OF SAID LOT 89-8 43.08 FEET; 1HEHCE SOU1H 01...35-38- .ST 241.17 fEET; THENCE NORTH ....24·22" v.EST 285.43 FEET TO A POINT COINCIDENT WllH 1HE EAST RlGHT-of"-WA Y UNE Œ HIGH RIDGE ROAD, M~ IN tHE PLAT OF QUAN1UM PARK AT BO'YNTON BEACH P.I.D.. PlAT . N PLAT Boa< 57, PACES 188 AND 187. OF 1HE PUBUC RECORDS OF PAUl BEAai COUNTY. FLORIDA; nfENCE HORlHWESTERLY ALONG A CUR'Æ TO 1HE RIGHT WITH AN ARC DISTANCE OF 4S.45 fEET. DELTA ANGI£ a: 05-4714- RADIUS OF 450.00 ~ CHORD DISTANCE OF 45.4J fEET AND OfORD BEARING OF NORlH JO,vSS'48- WEST TO THE SOU1H1iEST cœNER OF LOT 88-A; THENCE NORlH 66...38'00· EAST 272.28 FEET TO 1HE SOU1HEAST CORNER OF LOT 8t-A: lHENCE NORlH 01...35'38"' EAST 87.81 FEET TO 1HE POINT Of' BEGINNING.. ( , CONTAINING 3.996 ACRES. MORE OR l£SS. __ _._~,~,--,-<~-_~_.>oo,_.,~,._, .. ~------ - _._--~ --- ---- -,,---=--~_.~--~ . . ,--,- '--"'-"'---"--~'-~--'----~'~'~- ~.-- -.-" , . ---- - -- EXHIBIT 4-A .-~ - - --'''"~O~ HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT ESTIMATED CONSTRUCTION TIME TABLE Start Finish Water and Sewer System August 2004 December 2004 Stonnwater Drainage August 2004 December 2004 Earthwork June 2004 December 2004 I , ( . . _u__ ___ EXHmIT 4-B ( ! ___ _o=~ IDGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT GOOD FAITH COST ESTIMATE Water and Sewer System $ 584,916 Stonnwater Drainage 486,628 Earthwork 142,479 Total $1.214.023 ( ¡ ( '} "- .---'.¿-"'-----~~_.~.__....~--~~>-'.<.....>_._,.~~--~-> ~,--",,-...-. - ----.-......._...,.-,--..~ ' _.~~---~-.~-~ ",y- , ~ i f, ·t I i f.' e t :;~, .""f rl ~--J C.~ t::)· r ~.f , .. " r~~-,-" 'l.Þ"; ~ 1 \'J" '~-..,.;.;,~- L"__,_~~!' ....._-'~. - _____n___. -- Legend -...- CITY BOUNDARY D wa.lER L_J LOW DENSITY RESIDENTIAl (l.DR) Max. 4.84 D.UJAcre [~1 MODERAlEŒNSITYRESIDEN1lAl(MODR) Max. 7.26 D.UJAae IE] MEDIUM DENSITY RESIDEN1lAl~) Max. 9.58 D.UJAcre ~ · t-IGH DENSITY RESIDENtlAl (HDR) Max 10.8 D.UJAcre SUBJECT PROPERTY lJitU OFFICE CO&£RCIAl (ex;) · LOCAl RETAIL ca.1MERClAL (LRC) · GENERAl COMMERCIAl (GC) D INDUSTRIAL (I) · AGRICUl1URE <A) ~] RECREA110NAl (R) · PUBLIC & PRIVAlE GOVERflNENTAlJINSTlTUTlONAl (Pf'Gf) · MXED USE tM)() , \ ) """" - "-..""" _:L ~_ ~ -- ---",---",~---,--- - IDGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS May 17, 2004 ( J Prepared by Specifll District Services, Inc. 11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, Florida 33410 561.630.4922 Phone 561.630.4923 Fax .' . _~,_~~,___c_-_~ _- __. - _-,,-_-,.-_->-.~ .----~.-_.~___,~~ "' -......,-"~-"'"'=.-~----~--'<~._~_. _ .. _.~.-- , '. . STATEMENT OF ESTIMATED REGULATORY COSTS J 1~9 lub udu~duu ----- 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the High Ridge/Quantum Community Development District ("District"). The District comprises approximately 15.6 acres of land located in the City of Boynton Beach, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S. (governing District establishment) as follows: "That the process of establishing such a district pursuant to unifonn general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning pennitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of High Ridge/Quantum Community Development District The District is designed to provide district inftastructure, services, and facilities along with their operations and maintenance to a master planned residential development containing 155 residential town home dwelling units within the boundaries of the District. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1997), defines the elements a statement of èStimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. ( ] . (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., JI and an analysis of the impact on small counties and small cities as defined by Section 12052, :V.5. Ci~ 9£ :8eyøtSft Beaeh i! not d\;,&ü~ ~ it ~JJJcdl City fur purposes of thts --<"~ - - ---~_. requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, à description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. "Note: the references to "rule" in the statutory requirements for the Statement of . Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a), Florida Statutes." 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. The HighlRidgelQuantwn Community Development District will serve land that comprises approximately 15.6 acres residential development to be made up of an estimated 155 residential town homes. The estimated population of the residential , portion of the District is 375 +/-. The property owners in the District will be individuals I ~. and may operate industrial, manufacturing and other retail and non-retail related businesses outside the boundaries of the District. 3.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. There is no state agency promulgating any rule relating to this project that is anticipated to effect state or local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the results of adopting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of any othergovemment entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed establishment of the District. The District as established on the proposed land, will encompass under 1,000 acres, therefore, City of Boynton Beach is the 2 ...---,>~,-~~....~-~~. .. ~ - ~,=_-.-.,"..--,--,~- ~-,_.--------""'--'- ---~ - ------- .--.---~---- - -- ). . . -- ---- , establishing entity under 190.005(2), F .S. The modest costs to various State entities to I implement and enforce the proposed ordinance relate strictly to the receipt and processing - -"_0-""_ "'0=>.----- 9f·:øri8'89 ~l'tS tl\at tfiv Di:)~i\,;l i~ J;"cqù1red to fde With the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of Florida Department of Community Affairs which offsets such costs. City of Boynton Beach There will be only modest costs to the City for a number of reasons. First, review of the petition to establish the District does not include analysis of tþe project itself. Second, the petition itself provides much of the information needed for a staff review. Third, the City already possesses the st8ff needed to conduct the review without the need for new staff. Fourth, there is no capital requíred to review the petition. Finally, the City routinely process similar petitions though for entirely different subjects, for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to City of Boynton Beach, because of the establishment of the District, are also very small. The District is an independent unit of local government. The only annual costs the City faces are the minimal costs of receiving and reviewing the various \ reports that the District is required to provide to the City. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations mcmred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table I provides an outline of the various facilities and services the proposed District may provide. The utilities and drainage will all be funded by the District. The District may also fund the acquisition of land to be owned and maintained by the District. 3 ') , . ~ Table 1 i, ¡. HIGH IUÐGKlQt1A-NTmICOPtH\IUNITY DE"/l:LOrl'dI:NT JJl~lKl(':l' . .,.~ ; - .".--~_----c2'_ Proposed Facilities and Services FACILITY FUNDED 0&1\1 BY OWNERSHIP BY BY CDD CDD CDD CDD Ci Ci CDD Ci Ci The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2 below. Total costs for those facilities, which may be provided, are estimated to be approximately $1.214.023. The District may issue special assessment bonds to fund the costs of these facilities. These bonds would be repaid through non ad valorem special assessments levied on all properties in the District that may benefit ftom the District's inftastructure program as outlined in Table 2. Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non ad valorem special assessments by various names for debt service, the District may also impose a non-ad valorem assessment to fund the operations ( ) and maintenance of the District and its facilities and services. Furthennore, locating in the District by new property owners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non ad valorem special assessments by various names and user fees as a tradeoff for the benefits and facilities that the District provides. A Community Development District ("CDD") provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development services with related .financing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property association, provision by the City, or through developer equity and/or bank loans. In considering these costs it shall be noted that owners of the lands to be included within the District will receive three major classes of benefits. First, landowners in the District will receive a higher long-tenn sustained level of public services and am~ties sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This ( satisfies the revised growth management legislation, and it assures that growth pays for 4 _~______.___;!I<'_--'~__'_ <__ _ _ _.._."L~ ~-__ __.......-__.~_---,-_y_ /_''"'~----------~,--~-- - I'" _n__' __.__~~_. )- . . --,-- - - ---- itself without undue burden on other consumers. Establishment of the District will ensure J that these landowners pay for the provision of facilities, services and improvements to ___'_-,;-~_'C;:'_.~ ...0 IaRda. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting, to detennine the type, quality and expense of District services they receive, provided they meet the City's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative management mechanism. Given the low cost of capital fora CDD, the cost impact to landowners is negligible. This incremental cost of the high quality inftastructure provided by the District is likely to be fairly low. Table 2 mGH RIDGE/QUANTUMCOMMUNITY DEVELOPMENT DISTRICT Cost Estimate for District Facilities Category Cost Estimates "- Earthwork $ 142,479 Drainage System $ 486,628 Potable Water System $ 257,100 Sanitary Sewer System $ 327,816 Total $ 1,214,023 Table 3 HIGH RIDGElQUANTUMCOMMUNITY DEVELOPMENT DISTRICT Estimated Construction Timetable For District Facilities Completion Date December 2004 December 2004 December 2004 5 . , . 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., \ and an analysis of the impact on small counties and small cities as defined by -;-'.-" - 8eeä8B 128.S2, F.S. There will be no impact on small businesses because of the establishment of the District. The City of Boynton Beach has an estimated population in 2002 that is greater than 10,000; therefore the City is not defined as a "small" City according to Section 120.52, F .S, and there will accordingly be no impact on a small City because of the fonnation of the District. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Petitioner's Engineer and other professionals associated with the Petitioner. **************** (, ) 6 ._____>,. ..-.-~~~""_...,~~__.......""..-.__~_~.·__v - ..-~- _'. .,c· -.,---=--~--~~.....--------~",""=----'- , , ,J Yo-,/, . ----- APPENDIX A j LISt OF .KI!.l'UKIlNG REQUIREMENTS - REPORT FL. STATUE DUE DATE CITATION Annual Financial Audit 11.45 within 45 days of audit completion, but no later than 12 months after end of fiscal year Annual Financial Report, 218.32 within 45 days of financial audit completion, but no later than 12 months after end of fiscal year; if no audit required, by 4/30 TRIM Compliance Report 200.068 no later than 30, days following the adoption of the property tax levy ordinance/resolution (if levying ", property taxes) Fonn 1: Statement of Financial 112.3145 within 30 days of accepting interest the appointmen~ then every year thereafter by 7/1 (by "local officers" appointed to special district's board); during the qualifying period, then every year thereafter by 7/1 (by "local officers" elected to special district's board) Public Facilities Report 189.415 within one year of special district's creation; then annual notice of any changes; and updated report every 5 years, 12 months prior to submission of local government's evaluation and appraisal report Public Meetings Schedule 189.417 quarterly, semiannually, or annually Bond Report 218.38 when issued Registered Agent 189.416 within 30 days after first meeting of governing board' Proposed Budget 189.418 prior to end of current fiscal year ( Public Depositor Report 280.17 annually by 11/30 ---'-~---'_."'" <...._.~--- '._C _'~_'_~--..-.""",~___--__~_~_.-.,,"'____~._ ,_ . ____._'-~_~_o____,_= "'",,"-=---'~~ ~ _.._---~- --, - XII. - LEGAL . ITEM A.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 0 October 5, 2004 (Noon) September 20, 2004 ¡g¡ August 17,2004 (Noon) August 2, 2004 0 October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 0 November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November 1,2004 o Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ¡g¡ Legal o Bids 0 Unfinished Business o Announcement 0 Presentation o City Manager's Report RECOMMENDATION: Please place this request on the August 17,2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under First Reading on August 3, 2004 with a unanimous vote. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-147. ("") ......... - . _~.ø (J-f ~- :::¡ -< ~ -<0 ø c)..., '-CD no EXPLANATION: U'l ,~-< PROJECT: Boynton Seafood (ABAN 04-002) _ >;:::: ...... U) --.of AGENT: Jim Hanson 3: 0 OWNER: Jim Hanson and Carter Logan \.0 ~:z: .. ." CD LOCATION: 1022 North Federal Highway w - /T DESCRIPTION: Request for abandonment of a portion of a 20-foot wide alley lying east oflotAO, ß~ and 22, and west oflot 19 in Block 3, Lake addition to Boynton subdivision. ::t: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIWS, 1&" N/A ~ Dev~ r>eP~irect'" Œy Manage<', S'gn,,",e :h.v{.}~ Planning and Zo g DJTector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Seafood\Agenda Item Request Boynton Seafood ABAN 04-002 2nd reading 8-17-o4.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 0 b3 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF A 20 FOOT WIDE ALLEY 6 LOCATED BETWEEN N.E. 9TH A VENUE AND N.E. 7 10TH A VENUE (ABAN 04-002), SUBJECT TO STAFF 8 COMMENTS; AUTHORIZING THE CITY MANAGER 9 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 10 RECORDED WITH THJS ORDINANCE IN THE , 11 PUBLIC RECORDS OF PALM BEACH COUNTY, 12 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Boynton Seafood, through its agent Carter Logan, is requesting 16 bandonment of a portion of 20 foot wide al1ey located between N.E. 9th Avenue and N.E. 17 Oth A venue, lying east of lots 20, 21 and 22 in Block 3, Lake Addition to Boynton, subject to 18 taff comments; and 19 20 WHEREAS, comments have been solicited from the appropriate City Departments, 21 nd public hearings have been held before the City's Planning and Development Board, and 22 e City ColIill1Íssion on the proposed abandonment; and 23 24 WHEREAS, staff has determined that the roadway provides no public service; and 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 HE CITY OF BOYNTON BEACH, FLORIDA THAT: 28 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 erein by this reference. 31 32 Section 2. The City ColIill1Íssion of the City of Boynton Beach, Florida, does 33 ereby abandon a portion of a portion of 20 foot wide alley located between N.E. 9th Avenue 34 nd N.E. 10th Avenue, lying east of lots 20, 21 and 22 in Block 3, Lake Addition to Boynton, 35 ubject to staff comments, and more particularly described in the attached Exhibit "A." A 36 ation map is attached hereto as Exhibit "E." 37 38 Section 3. The City Manager is hereby authorized and directed to execute the 39 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 40 ecords of Palm Beach County, Florida. 41 42 Section 5. This Ordinance shall take effect immediately upon passage. 43 FIRST READING this ~ day of AU.~UST 44 ,2004. 45 46 :\CA\Ordinances\Abandonments\Abandonement - NW 8th Avenue.doc ---~---~_~___~L__~~~-"'_-___~__'_ .__.~_o~_~._._~~__ ~,,",.~ _ _0 ___ _~.~""_,",~. _..~~_~_ -__ , '--~--'~~~'-~----<'--'.-<'.'~-- --.-'-~ 1 2 SECOND, FINAL READING AND PASSAGE TillS _day of 3 4 ,2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 TrEST: 23 ~4 25 ity Clerk 26 27 28 :\CA\OrdinanceslAbandonrœntslAbandonement - NW 8th Avenue.doc EXHIBIT" A" A portion of a twenty foot wide alley being east of lots 20, 21, 22 and west of Lot 19 as shown on plat of Lake Addition to Boynton Beach filed in the official records of Palm Beach County in Plat Book 11, Page 171 and being more particularly bounded and described as follows: Beginning at the northeast comer of Lot 20, Plat of Lake Addition to Boynton Beach, at the south right of way of northeast 10th A venue. Thence southerly, along the easterly bounds of Lots 20, 21 and 22 of the aforementioned Plat of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point. Thence easterly on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 feet to a point. Thence northerly, maintaining a distance of 20 feet from and parallel to the easterly bounds of Lots 20, 21, and 22 a distance of 130.19 feet more or less to a point on the southerly right of way of the aforementioned Northeast 10th A venue. Thence westerly along the right of way of Northeast 10th Avenue a distance of 20.18 feet more or less to the point of beginning. Subject to easements, right of way and reservations of records. - ----. ,.........._.----~...."""",-"'" .~--.-~..~ - ""-",,-,,,",«~.-,,,..~....,-~-~-- ' -,-<...<-'-,-,.----.- , <__""""'-"~...~~~o_.__ft. _ _- _<. -y 1 In. = 100.0 feet . ~ ..... ,-. j _.- .... - "- ~.- - . -,. . ."....-. '3 '. ':.' -- . . ..... - . .' - - .. . ". - -.-. .~ .. ..' ." --..... '--- '-'" -- - - . - - .- -. -. R1..·· ...- ~ - ¡ BOYNTON SEAFOOD LOCATION MAP EXHIBIT "B. 1 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 orida, a municipal corporation, under the laws of the State of Florida, does hereby abandon ; 7 portion of a portion of 20 foot wide aI1ey located between N.E. 9th A venue and N.E. 10th 8 venue, lying east of lots 20, 21 and 22 in Block 3, Lake Addition to Boynton, subject to 9 taff comments, and more particularly described in the attached Exhibit "A". 10 11 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 12 each, Florida, have hereunto set their hands and affixed the seal of the City this _ 13 ay of August, 2004. 14 15 TTEST: CITY OF BOYNTON BEACH, FLORIDA 16 17 anet Prainito Kurt Bressner, City Manager 18 ity Clerk 19 20 TATE OF FLORIDA ) 21 )ss: 22 OUNTY OF PAlM BEACH ) 23 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 24 anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 25 orida, known to me to be the persons described in and who executed the foregoing 26 strument, and acknowledged the execution thereof to be their free hand and deed as 27 uch officers, for the uses and purposes mentioned therein; that they affixed thereto the 28 fficial seal of said corporation; and that said instrument is the act and deed of said 29 orporation. 30 WITNESS my hand and official seal in the said State and County this _ day of 31 ugust, 2004. 32 33 NOTARY PUBUC, State of Florida 34 My Commission Expires: 35 -\CA\OrdinanceslAbandonmentslAbandonemenl - NW 8Ih Avenue. doc ..r_____...,."""-''",.....--=>_._.·~__.._,_"''_-._"__~"....~~_~__......,..,~___. ·_..._~~........'~--"__...._h ~~-__-.___.........--...,..._ _ < __ ~___"-'_r" EXHIBIT "A" A portion of a twenty foot wide alley being east of lots 20, 21, 22 and west of Lot 19 as shown on plat of Lake Addition to Boynton Beach filed in the official records of Palm Beach County in Plat Book 11, Page 171 and being more particularly bounded and described as follows: Beginning at the northeast comer of Lot 20, Plat of Lake Addition to Boynton Beach, at the south right of way of northeast lOth Avenue. Thence southerly, along the easterly bounds of Lots 20, 21 and 22 of the aforementioned Plat of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point. Thence easterly on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 feet to a point. Thence northerly, maintaining a distance of 20 feet from and parallel to the easterly bounds of Lots 20, 21, and 22 a distance of 130.19 feet more or less to a point on the southerly right of way of the aforementioned Northeast lOth A venue. Thence westerly along the right of way of Northeast lOth Avenue a distance of 20.18 feet more or less to the point of beginning. Subject to easements, right of way and reservations of records. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04·147 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. RumPf\\~ Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: June 28, 2004 SUBJECT: Abandonment of a 20-foot wide alley lying east of lots 20, 21 and 22 in Block 3, lake Addition to Boynton (ABAN 04-002). NATURE OF REQUEST The applicant and agent for Boynton Seafood, Carter lo~an, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 9th Avenue and N.E. 10 Avenue. This request to abandon a public afleywas submitted on April 23rd, 2004. This abandonment is for the following unimproved platted alley segment: A portion of a twenty foot wide alley being east of lots 20, 21, 22 and west of lot 19 as shown on plat of lake Addition to Boynton Beach filed in the official records of Palm Beach County in Plat Book 11, Page 171 and being more particularly bounded and described as follows: Beginning at the northeast comer of lot 20, Plat of lake Addition to Boynton Beach, at the south right of way of Northeast 10th Avenue. Thence southerfy, along the easterfy bounds of Lots 20, 21 and 22 of the aforementioned Plat of lake Addition to Boynton Beach, a distance of 131.19 feet to a point Thence easterfy on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 feet to a point Thence northerly, maintaining a distance of 20 feet from and parallel to the easterly bounds of lots 20, 21 , and 22 a distance of 130.19 feet more or less to a point on the southerly right of way of the aforementioned Northeast 10th Avenue. Thence westerly along the right of way of Northeast 10th A venue a distance of 20.18 feet more or less to the point of beginning. Subject to easements, right of way and reservations of records. ñe location map attached as Exhibit "A" shows the general vicinity of the alley right-of-way to be abandoned. "he attached Exhibit "B" - "Proposed Abandonment" shows the location of the subject property and Includes a letalled location of the alley to be abandoned and its legal description. he following is a description of the zoning districts and land uses of the properties that surround the subject ~quest. North - N.E. 10th Avenue right-of-way, and farther north a vacant commercial building zoned C-4; South - Boynton Beach F.O.E. #3944 lodge building, zoned C-4 and farther south, N.E. 9th Avenue right-of-way; East - A vãcant parcel within a single-family neighborhood, zoned R-1-A; and West - Boynton Seafood property, zoned C-4, and farther west, North Federal Highway right-of- way, zoned C-4. .----<"""".~~-,--~--->--- ._-",...-~~ -- -------~,.......-~_...._-~~ --- .--- -~ Page 2 · Memorandum No. PZ 04-147 ABAN 04-002 BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It Included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original interest party if any right of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 would be extinguished if specific action were not taken to establish such rights on or before July 1,1973. The applicant has the intention of vacating the adjacent portion of the 20-foot wide alley to consolidate it with Lots 20,21 and 22 In order to renovate the Boynton Seafood property. The renovation of the Boynton Seafood is proposed to include but not limited to parking lot expansion / reconfiguration. When abandoned the alley will revert to the adjacent property owners; one-half to the property owner to the east and one-half to the property owner to the west. ANALYSIS Pursuant to Chapter 22, Article 11/, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised In the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTSIDIVISIONS Engineering - No objection Public Works/Utilities - Approval with conditions (see Exhibit "C") Planning and Zoning - No objection PUBLIC UTIUTY COMPANIES Florida Power and Light - No objection BellSouth - Approval with conditions (see Exhibit "Cn) Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A It noteworthy that other segments of this same alley have been previously abandoned as supported by similar :malysls and findings. RECOMMENDATION )taff has determined that the subject alley no longer serves a public purpose, and therefore recommends that his request to abandon a segment of the 20-foot wide alley as described above, be approved, sUbject to the :omments included In Exhibit "C" - Conditions of Approval. Any conditions recommended by the Community ~edevelopment Agency Board or required by the Commission will be placed In Exhibit ·C" - Conditions of \J>proval. c: Central File \P!annIng\SHAP,WP'oPROJECTS\Bc¡'i1Ìon SeBlood\Slañ Report.doc 1"···· ,. . i . .: 1 m' 100.0 reet ~: . I , "I - " I ------1 ~ :'1 3·"'.) or' --- ~JT - (- R 1 .. BOYNTON SEAFOOD LOC)~llON MAP EXHIBIT "A" ----'"--~,< - -, ._"""~---^-~----' - - ,--~-~-----_............_~,~.. - I E R/W L>. ' EXHIBIT "B" V-Y/E: N/GNWAY BOYNTON $EAFOOD '" I ~ I ~ I I I Ñ' . fl~! lì: r-.. I ¡. ~ '" '1 I ~ I ~ I ...... "" ' ~ I lll.i}J ' I .0' I (el' - ~73- .i1 I!" /"1./9# l '" .,,\:1 ~ ~ j ~¡ ~ ~ . 'Jtò ~ Q; I> ~ï ~ ... - .. r ~ t:b '" 8 t" f d ~~ t· ~ ~. - ~~. :;¡: r ~ ~~ ~ ~ ::ti _ _. _ H____H. o '1 'J I r iff ~f if ItIl1 ~~rJ ~ ~ It . ft ; - ~ II: (t: 8 11 _Ii! 11 tl ia r ~ i ~ ~Hi~~ ~ ~ill~ J tigll~ t¡ ~I ~dj ~ ~/ /j r---.- . " ~ji! .~ ~I~ œ i f ~l I" f' h..;! . ~,~ .. 2 !·n~~ !AI ~ge~St i! f; Ii II (ij ~ ~I'" ~<;~t; ¡:! f ,aid: 1!' e~~~~!! 1 , . ~ 11 ~~, Fir .~ iii ~ i ~::: ~ ¡ E II~a~ t !ªh¡l f ·gt i h li;U ~ ~ ~i\: !i o~i¡¡ ~~iil . t- '.' I 'ô i!! '" " ~Ff I L I~ÍI~~ ~i.:¡ : ! ~H J U· ¡ H~ ~i1š'" ,h u~ !i "~!i~. . ~ i~~ ... I U\ ~ h I U~ ..;!¡,,~ m: ( i!ilil ~I §i~· t i; ~ if i In "~; ~ i r "Ie i ÞI~~~ . ~ · if· r h ¡ * t i i II · ~II·~ \. f.. . ~" ~ ~. ¡ m ~ -If 1\ ~ ~ \0 · þ> I~i i' I i .-- - ------ ~ ~ ~ ~ §¡j ~ ~ ¡¡ I ~o ~ . " (,,):s: - ~ 5i s:: ~ ~ . ~r~ nll!1 ~I~&I~ ~ ~ 'ull' ¡~~I~ ~ :-0 §. § . Iii ~ ~ I' I- ~ ~ sl'b II! ~ - ~ ~ Iall'l ~. . ·~lli lilU~· . ·1111 EXHIBIT "C" Conditions of Approval Project name: Boynton Seafood File number: ABAN 04-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. This alley currently contains utility services that will require a conversion X to a utility easement of the same width. The twenty (20)-foot wide alley shall be replaced by twenty (20) foot wide utility easement. 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. 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 -..T ! .L'>. FORESTERlENVIRONMENTALIST Comments: None X --"'~ _.__ '~'___~A____ '_h . Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Bellsouth will require a utility easement to maintain the existing aerial X faciJities. The alternative to an easement would be a relocation of faciJities at the owner's expense. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. S:\PIannInglSHAREDlWPlPROJECTS\80)<1lon Sealood\COA.cIoc . _~__ <~">o,,-_,______ç__~"'~'_'-'_-'~__~_"'_-"~""""''''-''--=-7-'>-'____' .----...~_~"_<, ,---- XII. - LEGAL ITEM A.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2,2004 o October 19, 2004 (Noon) October 4, 2004 o September 7. 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 o November 16, 2004 n (Noon) September 7, 2004 (Noon) November 1, 2~ C"J-i -... :::;-< ~ --<0 c: <J -., 0 Administrative 0 Development Plans G") I-CO I ;-,., C) NATURE OF 0 Consent Agenda 0 New Business U1 2-< -'~:Z AGENDA ITEM 0 Public Hearing ~ Legal ::':Þ (f) --I k... 0 -~ c:::> ::z: 0 Bids 0 UnfInished Business '-" -" .,ro 0 0 Presentation w -¡-f1 Announcement "¡:.. ...0 r-1("") 0 City Manager's Report :J: RECOMMENDATION: Please place this request on the August 17,2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under First Reading on August 3, 2004 with a unanimous vote. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-165. EXPLANATION: PROJECT: NW stb Avenue (ABAN 03-011) AGENT: City- initiated LOCATION: Approximated 400 feet west of Sea crest Boulevard between lots 154 and 155 of Block "C", and lots 154 and 155 Block "D", Boynton Hills subdivision. DESCRIPTION: Request for abandonment of portion of an unimproved, 50-foot wide road right-of-way for NW glb Avenue, adjacent to lots 154 and 155 Block C, Boynton Hills subdivision. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develo ~b" S;gnaUn< ?¿) -Ú~ Planning and 96mng Director City Attorney / Finance / Hwnan Resources S:\Planning\SHARED\ WP\PROJECTS\NW 8th A venue\Agenda Item Request NW 8th Ave ABAN 03-011 2nd reading 8-17 -04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. o4-obt.l 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF AN UNIMPROVED 50 FOOT WIDE 6 ROAD RIGHT -OF- WAY FOR NW 8TH A VENUE; 7 (ABAN 03-011), SUBJECT TO STAFF COMMENTS; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE 9 A DISCLAIMER, WillCH SHALL BE RECORDED 10 WITH THIS ORDINANCE IN THE PUBLIC RECORDS 11 OF PALM BEACH COUNTY, FLORIDA; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City of Boynton Beach is requesting abandonment of a portion of an 16 nimproved, 50 foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 17 55, Block C, Boynton Hills subdivision, subject to staff comments; and 18 19 WHEREAS, comments have been solicited from the appropriate City Departments, 20 d public hearings have been held before the City's Planning and Development Board, and 21 he City Commission on the proposed abandonment; and 22 23 WHEREAS, staff has determined that the roadway provides no public service; and 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 HE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 28 Section 1. The foregoing Whereas clauses are true and correct and incorporated 29 erein by this reference. 30 31 Section 2. The City Commission of the City of Boynton Beach, Florida, does 32 ereby abandon a portion of an unimproved, 50 foot wide road right-of-way for NW 8th 33 venue, adjacent to Lots 154 and 155, Block C, Boynton Hills subdivision, subject to staff 34 omments, and more particularly described in the attached Exhibit "A." A location map is 35 ttached hereto as Exhibít "E." 36 37 Section 3. The City Manager is hereby authorized and directed to execute the 38 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 39 ecords of Palm Beach County, Florida. 40 41 Section 5. This Ordinance shaH take effect immediately upon passage. 42 43 FIRST READING this ~ day of Af.J 3U5T ,2004. 44 45 46 47 :\CA\OrdinanceslAbandonmentslAbandonement - Largo Poìnte.doc __._ ~~_~~_~._---...._~___~_~_o. ~~ -,----._~--~>-..'""' ---,-- - -----.~....--~_._- ~--- - ._. -~"--~'--_. .. 1 SECOND, FINAL READING AND PASSAGE THIS _day of 2 3 , 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 ~4 ity Clerk 25 26 27 :ICAIOrdinanceslAbandonmentslAbandonement . largo Pointe.doc 1 2 3 4 5 6 7 EXHIBIT" A" 8 9 That portion of the road right of way for NW 8th A venue lying north of lots 10 154 and 155, Block C, Boynton Hills, according to the plat thereof as recorded 11 in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, 12 described as follows: 13 14 Beginning at the northwest comer of said lot 154; thence easterly along the 15 north line of said lot 154, a distance of 100.26 feet to a point on a curve 16 concave to the southwest having a central angle of 126° 26' 42" and a radius of 17 10.00 feet; thence southeasterly along the arc of said curve, a distance of 22.07 18 feet to a point on the easterly line of said lot 154; thence northeasterly along 19 the northeasterly projection of the easterly line of said lot 154 a distance of 20 19.82 feet; thence northerly forming an included angle of 143°33'18" to the 21 right from the preceding course, a distance of 50.00 feet; thence westerly 22 forming an included angle of 90°00'00" to the right from the preceding 23 course, a distance of 240.16 feet; thence southerly fonning an included angle 24 of 90° 00'00" to the right from the preceding course, a distance of 50.00 feet 25 to a point on the northwesterly projection of the westerly line of said lot 155; 26 thence southeasterly along said northwesterly projection, a distance of 19.82 27 feet to a point on a curve to the southeast having a central angle 126°26'42" 28 and a radius of 10.0 feet; thence northeasterly, along the arc of said curve a 29 distance of 22.07 feet to a point on the north line of said lot 155; thence 30 easterly, along said north line, a distance of 100.26 feet to the point of 31 beginning. :\CA\OrdinanceslAbandonmentslAbandonement· largo Pointe.doc _ _~__~__","-,-__~._~~-___~__~.~_<__._~_~_o-"-__'_ __,_ .....-..~,_._-<$o_..... -____,_.>....~<_~ ~-...,,-.- ~=~__=__~.__.."'_._~~ --~'""'.-.~-~...-......,--,--I· ..- 0000 ·110. = 100.0 feet : ... .,,- . - 1320 13"30 1660 1402 1460 1.470 -- . . ..... . . "- 16"01 ) 1690 R-3 ) 1230 "- 180D ~ 1210 0 _ ..a . ,.' ......... - . ." NW 8TH AVENUE LOCATION MAP EXHIBIT "BII · 1 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 lorida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 7 portion of an unimproved, 50 foot wide road right-of-way for NW 8th A venue, adjacent to 8 ots 154 and 155, Block C, Boynton Hills subdivision, subject to staff comments, and more 9 articularly described in the attached Exhibit "A". 10 11 IN WITNESS \VHEREOF, the duly authorized officers of the City of Boynton 12 each, Florida, have hereunto set their hands and affixed the seal of the City this _ 13 ay of August, 2004. 14 15 TrEST: CITY OF BOYNTON BEACH, FLORIDA 16 17 anet Prainito Kurt Bressner, City Manager 18 ity Clerk 19 20 TATE OF FLORIDA ) 21 )ss: 22 OUNTY OF PALM BEACH ) 23 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 24 anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 25 orida, known to me to be the persons described in and who executed the foregoing 26 nstrument, and acknowledged the execution thereof to be their free hand and deed as 27 uch officers, for the uses and purposes mentioned therein; that they affixed thereto the 28 fficial seal of said corporation; and that said instrument is the act and deed of said 29 orporation. 30 WITNESS my hand and official seal in the said State and County this _ day of 31 une, 2004. 32 33 NOTARY PUBliC, State of Florida 34 My Commission Expires: 35 :\CA\OrdinanceslAbandonmenlS\Abandonemenl - Largo Poinle.doc .-...._--_...._~-~.".., -_......-~_....--- --,..- .11 -.- __,-_>_ --'--.~_. <_.__ ""'^'_«,.........---..-.........~ .._~..~__---'O';¡__.~_~__T..~_____'__~_ --___~.__-<-___f>. 1 2 3 4 5 6 7 EXHIBIT "A" 8 9 That portion of the road right of way for NW 8th A venue lying north of lots 10 154 and 155, Block C, Boynton Hins, according to the plat thereof as recorded 11 in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, 12 described as fonows: 13 14 Beginning at the northwest corner of said lot 154; thence easterly along the 15 north line of said lot 154, a distance of 100.26 feet to a point on a curve 16 concave to the southwest having a central angle of 126° 26'42" and a radius of 17 10.00 feet; thence southeasterly along the arc of said curve, a distance of 22.07 18 feet to a point on the easterly line of said lot 154; thence northeasterly along 19 the northeasterly projection of the easterly line of said lot 154 a distance of 20 19.82 feet; thence northerly forming an included angle of 143°33'18" to the 21 right from the preceding course, a distance of 50.00 feet; thence westerly 22 forming an included angle of 90°00'00" to the right from the preceding 23 course, a distance of 240.16 feet; thence southerly forming an included angle "14 of 90° 00'00" to the right from the preceding course, a distance of 50.00 feet j to a point on the northwesterly projection of the westerly line of said lot 155; 26 thence southeasterly along said northwesterly projection, a distance of 19.82 27 feet to a point on a curve to the southeast having a central angle 126°26'42" 28 and a radius of 10.0 feet; thence northeasterly, along the arc of said curve a 29 distance of 22.07 feet to a point on the north line of said lot 155; thence 30 easterly, along said north line, a distance of 100.26 feet to the point of 31 beginning. :\CAlOrdinances\Abandonmenls\Abandonement - Latgo Points.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-165 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. RumPf~~ Planning and Zoning Director FROM: Maxime Ducoste-A~w Planner . DATE: July 6, 2004 SUBJECT: Abandonment of a 50-foot wide right-of-way running east-west in Block 4, Lake Addition to Boynton (ABAN 03-011). NATURE OF REQUEST City staff are requesting abandonment of an unimproved 50-foot wide right-of-way located on N.W. 8th Avenue app~ximately four hundred (400) feet west of Seacrest Boulevard. This abandonment is for the following unimproved right-of-way segment: That portion of the (Oad rlght of way for NW fIh Avenue lying north of lots 154 and 155, Block C, Boynton Hills, according to the plat thereof as recorded In Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, Described as follows: Beginning at the northwest comer of said lot 154; thence easterly along the north line of said lot 154, a distance of 100.26 feet to a point on a cUlVe concave to the southwest having a central angle of 12tJ026'42" and a radius of 10.00 feet; thence southeasterly along the arc of said CUlVe, a distance of 22. 07 feet to a point on the easterly line of said lot 154; thence northeasterly along the northeasterly projection of the easterly line of said lot 154 a distance of 19.82 feet; thence northerly forming an Included angle of 143033'18"to the rlght from tþe preceding course, a distance of 50.00 feet; thence westerly forming an Included angle of9()O()()'OO"to the right from the preceding course, a distance of240. 16 feet; thence southerly forming an Included angle of 9()O()()'00" to the right from the preceding course, a distance of 50.00 feet to a point on the northwesterly projection of the westerly line of said lot 155; thence southeasterly along said northwesterly proJection, a distance of 19.82 feet to a point on a cUlVe to the southeast having a central angle 12tJ026'42" and a radius of 10.0 feet; thence northeasterly, along the arc of said cUlVe a distance of22.07 feet to a point on the north line of said lot 155; thence easterly, along said north line, a distance of 100.26 feet to the point of begInning. 'he location map, attached as Exhibit "A", shows the immediate vicinity of the subject right-of-way. The ttached Exhibit "B"- ·Proposed Abandonmenr is a survey of the sUbject street which indicates its proximity to djacent properties. he following describes the zoning districts and land uses of the properties surrounding the subject request. North - A single-family house zoned R-1-A; South - A single-family house, zoned Re1eA, and farther south, is N.E. 8th Avenue right-of- way; East - N.W. 8th Avenue right-of-way and farther east, Is a single-family nelghbomood, zoned R-1-A; and .' -'0.__._.._ .. --_-0... __.._-...r-_,",-,,_._.~-~~C_~'---'-- ~ ' Page 2 Memorandum No. PZ 04-165 ABAN 01-004 West - N.W. 8th Avenue right-of-way and farther east, is a single-family neighborhood, zoned R-1-A. BACKGROUND The Boynton Hills subdivision was originally platted in 1925. Contrary to the grid pattern used in the development of most American towns, the design of this subdivision was based on the radial scheme and diagonal avenues In lieu of the grid (see Exhibit "B" - Boynton Hills Subdivision). The streets, avenues and alleys are dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The ultimate street design within this area is a unique pattem of many curvilinear streets and avenues extending from NW 10th Avenue south to Boynton Beach Boulevard. The subject portion of this unique street pattem Is a straight segment extending through the center of four segments platted in a diamond shape. Three of the four segments comprising the "diamond" configuration are improved. ANALYSIS . Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of- way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objections Public Works/Utilities - Approval with conditions (see Exhibit "C") Planning and Zoning - No objections PUBLIC UTILITY COMPANIES Florida Power and light - Approval with conditions (see Exhibit "C") Bell South - No objections Florida Public Utilities Company - No objections Cable Company (Adelphia) - No objections Cable Company (Comcast) - N/A The property located on the north side of the subject right-of-way is developed with a single-family house while the southern properties are vacant, zoned R-1-A, and were recently acquired by Habitat for Humanity for the construction of single-family residences. Staff requests this abandonment to vacate the 50-foot wide right-of-way because It is unimproved, lacks necessity given the greater network around the subject street segment, and could contribute to the confusion of motorists. Proper flow and signage for unique intersections and street patterns Is a ~hallenge, and is simplified by the elimination of the subject street at this location. ~bandonment of the 50-foot wide right-of-way, as shown on the survey, will result in the reversion to the adjacent >roperty owners. Although this original street pattern represents a unique part of history in these neighborhoods, :md possibly worthy of preservation, this overall network has already been altered by previous abandonments, to iccommodate the Sara Sims Park, Boynton Terrace Apartments and expansion of the First Baptist Church. It ,hould be noted that the subject abandonment can occur while leaving the chance to preserve a portion of ¡yrnmetry within this section of the network This balance in the network Is contingent upon the ultimate r lement of the remaining unimproved segment (Grand Blvd. West) of the -diamond- configuration that ìUwJunds the segment to be abandoned. Page 3 Memorandum No. PZ 04-165 ABAN 01-004 RECOMMENDATION Staff finds that the subject unimproved street provides no public purpose except for utilities, and therefore recommends that this request to abandon a portion of the 50-foot wide right-of-way as described above, be approved, subject to the comments included In Exhibit "C" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "c" - Conditions of Approval. xc: Central File S:\Plannlng\SHARED\WP\PROJECTS\NW 8th Avenue\Staff Report.doc ,..~.-.....,.<.....,~-~,,->,,-...,- . <~- _ ,,-"___......._...____ ~___....-, _~__._>"'~,..,..d_~,_~ ____"--~~_~~__<_.. ----_.~~-~..-,"'"',,'"...----"_.. ,---,.,~,~ - ... ~ <I)' 0':" 0000 ~ "1 In, = 100.0 feet .. .- 1320 --..- -.....-...... --........ 1380 1560 14-02 146:0 1470 - 1501 ) 1690 R-3 12,30 .-- .., . ) --... 13:00 ..... 1210 ~,. ø ,i..,' ... NW 8TH AVENUE LOCATION MAP EXHIBIT "A" EXHIBIT "B'.' -..._----. --'-"-- .....---.--. ---- .-------.- - - ------------ .---- ig!g!iI~!~;lli~~II¡!li~1 i!È~! I'i!~ I I~<I~~ ~;¡~ II!;! ~~~ i~¡!~lil~I' ~i , ~~~ ~ !1.qiiä~~I~ .¡q~ ~I~~ ~!ï . ,. ø~ ~ ~~q~;¡iiI~~ ~ q g~ ~~~ ~~~ 1¡1¡¡~ii~¡~·;~¡I~lii~~~. æ~: ~æ!~1 ~R ¡~~~~~ ~~~~~i iiI~~~ §~s~ iiI! ~~5e~ I~"'§~¡~","'~i ~i!~ .- - r IS f ~:<~~ "'! ! 1~~iiI ;~ ..~ Ø" J S .~ J'*'~ 1I%Ø~ , /// ~r- I~_ ~r- ~ ¡~R~ 'R~ Q~ ~::>:;Pì 1"\1 ~~ /. (')O;!~ ~õi / I ~~ ~ /. .,.~ , UJr- <' ~ ~I~ t t~; I "~ ~ ~~ I~ ... .~ . ~~ ~ ~ , "'" "'" " ~ r- , gQ~ ~~ i~~~ (')~ r .-- ~r- ~~ ~s:! 5 I· '1&- i II ~ i ¡cl'~~ .ä ~IG !., ~ ~. ': I iI, ~ I; . II! ~ . 12' I I ~ I ~ ~ ~llb~ 1 !III g ~ !II i ~ I. ~ . Ilhìl~ f II!i ~ , i I ! . ! ;I!¡ ~ E! liP ~ i'l ~ ,... - i~ 11;1 ~ 'I II r5 J . 111'"< I ~ . ~ lL -- ----'-~-~,..~-, -'-- .<""-<--.--.. -~~"""--'~.'-' EXHIBIT "C" Conditions of Approval Project name: NW 8th Avenue File number: ABAN 03-011 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. This alley currently contains utility services that will require the X establishment of a utility easement in accordance with the Engineering Division's requirements in order to support any existing or future utility infrastructures. 2. If a utility easement is required, no structures shall be constructed or X landscaping placed within the utility easement -without express written consent of alllêgal entities occupying said easement. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Florida Power and Light will require at minimum a ten (10) foot wide X utility easement to maintain the existing facilities. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Plannlng\SHARED\WP\PROJECTSIBo~n SeafoodlCOAdoc .____~__~~co----,.~-~.~-.c.,..----- .. ~-->- - "-~ -,-~-- ---.~--~~'--~-,----,.-.~--~ ' .-' -~-.--~._--~£"'._-- ",,"------'. XII. - LEGAL ITEM A.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1, 20~ (";¡ n:::¡ eÌ-'- =i-< þo -<0 C 0 Admínistrative 0 Development Plans ø ,:-) ..." I '-CD NATURE OF 0 Consent Agenda 0 New Business U1 ;'10 ~-< AGENDA ITEM ......',-yo- 0 Public Hearing ~ Legal ::D- '" --- (n-i ~-- o~ 0 Bids 0 Unímished Business \.0 .,,~ 0 0 "Tj CD Announcement Presentation w -"T '-D "Þ 0 City Manager's Report fT1c-) :I: RECOMMENDATION: Please place this request on the August 17,2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request with a unanimous vote under Public Hearing and Legal, Ordinance - First Reading on August 3,2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-021. EXPLANATION: PROJECT: Florida Collision Center (LUAR 04-005) AGENT: Carl A. Cascio, P.A. OWNER: Boynton Beach RE Enterprises, Inc. LOCATION: 902 NE 3rd Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map fiom General Conunercial (GC) to Industrial (1). Proposed use: auto body repair, storage and towing. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ ~/A ~~gna- ..... LJ DepartntPñíead Signature '~¡) ~ ~ Planning & Zonin~ ector City Attorney / Finance / Human Resources S:\PlanningISHARED\ WP\PROJECTS\FIorida Collision Ctr\LUAR\Agenda Item Request - Florida Collision Ctr LUAR 04-005amend 2nd reading 8-17- 04.doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- ObS" 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING VACANT 5 PROPERTY CONSISTING OF TWO PARCELS 6 TOT ALLING APPROXIMATELY 0.52 ACRES, 7 MORE PARTICULARLY DESCRIBED HEREIN; 8 AMENDING ORDINANCE 89-38 BY AMENDING 9 THE FUTURE LAND USE ELEMENT OF THE 10 COMPREHENSIVE; THE LAND USE 11 DESIGNATION IS BEING CHANGED FROM 12 GENERAL COMMERCIAL TO INDUSTRIAL; 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 18 Use Element by Ordinance No. 89-38 in accordance with the Local Government 19 Comprehensive Planning Act; and 20 WHEREAS, the procedure for amendment of a Future Land Use Element of a 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 22 and 23 WHEREAS, after public hearing and study, the City Commission deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as adopted by the City herein. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and 29 incorporated herein by this reference. 30 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\Planning\Land Use\Florida Collision.doc -- -"-~ ,,","---' 1'" - ,_........_____~ ,- .,---~.--~~.--..,..----- ~~- ,----~.._~,-.-.- _~~=_<_"T_,.,..,.....". ----, 1 following: 2 That the Future Land Use of the following described land shall be designated as 3 Industrial (I). Said land is more particularly described as follows: 4 Parcel #1 5 Lot 145, LESS the East 50 feet thereof, and Lots 146 and 147, LESS the East 35 feet 6 thereof, ARDEN PARK, Addition to Boynton Beach, Florida (n/kIa Boynton Beach), 7 according to the Plat thereof, recorded in Plat Book 2, Page( s) 86, of the Public Records 8 of Palm Beach County, Florida. 9 10 Parcel #2 11 The East 50 feet of Lot 145, the East 35 feet of Lots 146 and 147, ARDEN PARK 12 Addition to Boynton Beach, Florida according to the Plat thereof, recorded in Plat Book 13 2, Page 96, Palm Beach County, Florida. 14 15 Containing approximately 0.52 acres, more or less. 16 17 Subject to easements, restrictions, reservation and rights of way of record. 18 19 Said lands situate, lying and being in Palm Beach County, Florida. 20 21 Section 3: That any maps adopted in accordance with the Future Land Use Element 22 shall be amended accordingly. 23 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 24 repealed. 25 Section 5: Should any section or provision of this Ordinance or any portion thereof 26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 27 the remainder of this Ordinance. 28 Section 6: This Ordinance shall take effect on adoption, subject to the review, 29 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 30 Planning and Land Development Regulation Act. No party shall be vested of any right by 31 virtue of the adoption of this Ordinance until all statutory required review is complete and S:\CA\Ordinðnces\Planning\Land Use\Florida Collision.doc 1 all legal challenges, including appeals, are exhausted. In the event that the effective date is 2 established by state law or special act, the provisions of state act shall control. 3 FIRST READING this ~ day of A~U5T ,2004. 4 SECOND, FINAL READING and PASSAGE this _ day of , 5 2004. 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATIEST: 23 24 25 City Clerk 26 27 (Corporate Seal) 28 S:\CA\Ordinances\Planning\Land Use\Florida Collision.doc .-___~._,~__~.__~___,_,~o_"'"'_'O·___. ~__'_.' ~-~..=>.,---....~-""~~. -~-~~,....,...-- .~ ~_. ._~'-"----~~"'--~"'>.~- "_'~_e----,<_> ._-__,__,+._, DEVELOPMENT DEPARTMENT PLANNING 8& ZONING DMSION MEMORANDUM NO. PZ 04-021 TO: Chairman and Members Connnunity Redevelopment Agency Board FROM: Hanna Ma1ras, Planner THROUGH: Michael W. Rumpf Director ofPlamring and Zoning DATE: 1me 2, 2004 PROJECf DESCRIPTION Project! AppDcant: Florida Collision Center/Boynton Beach RB Enterprises, Inc. and Andrew Cohen Agent: Carl A Cascio, P.A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3111 Street File No: LUAR 04-005 Property Description: Vacant property consisting of two parcels, totaling approximately 0.52 acre, classified General Commercial (GC). and zoned C-4, General Commercial Dis1rict Proposed changeluse: To reclassify' ftom General Commercial (GC) to Industrial (l) and to remne from C-4 General Commercial District to M-l Industrial District. Adjacent Land Uses and ZooJng: North: Right-of-way for NE 9th A venue, then vacant parcel designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial District South: Right-of-way for NB 8th A venue, then developed property (flex space) designated General Commercial (GC) and zoned C-4, General Commercial District. East: Developed property (auto repair and towing - Florida Collision Center) designated Industrial (I) and zoned M-l, Indus1rial District. West: Right-of-way for NB 31'4 Street, then developed property (palm Beach CoWlty Head Start daycare and the city's Public Works' facility) designated Public and Private . GovernmentaJlInstitutional (pOOl) and zoned PU, Public Usage. Page 2 File Number: LUAR 04-005 Florida Collision Center EXECUTIVE SUMMARY Staff recommends approval of the prQPOsed land use amendment/rezoning. The proposed land use amendment/rezoning: · Is consistent with the Comprehensive Plan; · Is consistent with recommendations of the Heart of Boynton Community Redevelopment Plan; · Will bring the applicant's entire property wder the same land use designation and zoning category; and · Will increase the supply of land with M-llight industrial zoning suitable for small businesses. BACKGROUND The applicant, who is the owner of the auto repair and towing business Florida Collision Center located on a parcel adjacent to the subject property, is requesting the land use amendment and rezoning which, if granted, will bring the said property wder the same land use designation (Industrial) and zoning (Industrial District) as the parcel developed with his existing auto repair business. The subject property, recently purchased by the applicant, consists of two parcels. One of the parcels was developed with a single family home, a non-conforming use wder the current zoning, but the building has been demolished and both parcels are at present used for vehicle parking and storage for the existing auto repair business. Exterior storage of motor vehicles, but not wrecked motor vehicles, is a pennitted use under cwrent C-4 zoning in connection with a lawful principal use, the auto repair. Wrecked vehicles make up a significant portion of vehicles stored on the subject property. Storage of such vehicles is a permitted use in the proposed M-l zoning district, provided that it is adequately screened. The applicant will be expected to improve the property by providing such adequate screening, parµcu1arly from the Head Start daycare center located to the west of the property, across ftom NB 3111 Street. PROJECf ANALYSIS The subject parcel totals ±o.S2 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding· to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, A.dministration and Enforcement, Item C. Comprehensive Plan A.mendments: Rezonings. These criteria are required to be part of a staff analysis when. the proposed cbange includes an amendment to the Comprehensive Plan Future Land Use Map. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: ____"'~=_""'"O_~-·H __-.~...,. ______ __ n_. _~....- ,"'-___.._~<__.._._~--- _"__-~.~.",_.~_~_ __..........__ ...___",~_",o~_ Page 3 File Nwnber: LUAR O4-OOS Florida Collision Center a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. 1he planning - department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistelÌt with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the - commerCÜlI and residential Community Redevelopment Areas, and within the vicinity of u.s. 1 and Martin Luther King Boulevard. The property is located in the Arden Pork neighborhood within the Heart of Boynton Community Redevelopment Area, and thus the subject of a recently adopted Heart of Boynton Commmùty Redevelopment Plan. The proposed land use amendment and rezoning is consistent with the recommendations of the plan which supports industrial uses in the area bounded by N. Railroad Avenue on the east, NB 3M Street on the west, NB 3M Avenue on the south and NB 9111 Avenue on the north. The proposed rezoning does not affect density~ neither is the property located within the hwricane evacuation zone. b. Whether the proposed reZoning would be contrary to the established land use pattern. or would create an isolated district unrelated to adjacent and nearby districts. or would constitute a grant of special privilege to an individual property owner as contrasted with ~he protection of the public welfare. The proposed rezoning would be consistent with the established industrial and commercial use patterns in the area and will not create an isolated district. A number of lots within the General Commercial District, where the property is located, and within the industrially zoned area along the N. Industrial Avenue, arc developed with industrial and heavy commercial uses. The need for adequate screening~ however, is particularly evident given- the presence of the Head Start child care facility west of the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Community Redevelopment Plan and its recommendations regarding properties located in the Arden Park neighboIhood makes the proposed remning desirable. The recommendation is to reclassify all properties ftonting NB 3M _ Stteet on the east side from General Commercial District to M·I Industrial District, thus expanding the existing industrially zoned area. The shrinking supply of lands with the industrial designation in recent yeatS may create future location problems for industrial and marginal Page 4 File Number: LUAR 04-005 Florida Collision Center commercial uses, which are important. to the economic fabric of the city by providing valuable services and employment opportunities. This applies to all land classified industrial. The shortage of industrial sites geared towards small business is one of the concerns. At present. there is not much vacant land with indus1rial zoning such as M-1. Moreover, the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. These are located along US-} and may ultimately be reclassifiedlrezoned to further the Federal Highway Corridor Community Redevelopment Plan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning would be compatible with the current and future use of aq;acenl and nearby properties, or would affect the property values of aq;acenl or nearby properties. As stated above, the proposed use of the property will be compatible with the CUITent and future use of adjacent and nearby properties. It will not affect the property values of ~acent or nearby properties. However, the appropriate screening of the properties fronting NB 9 Avenue on the south side will be important as the Heart of Boynton Community Redevelopment Plan recommends land use amendment and rezoning of parcels located on the north side of the NE 9th A venue, across from. the subject property, from. Local RetaIl Commercial land use and Neighborhood Commercial zoning to Multi Family Residential use and R-3 zoning. Further expansion of the industrial zoning district, beyond what is reconnnended by the Heart of Boynton Community Redevelopment Plan, will also be discouraged by the existence of the adjacent NE 3M Street and NE 9&· A venue, which represent a permanent separation of the industrial from. the surrounding non-industrial districts. f Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable under the existing zoning; however, the existing auto repair shop requires vehicle. storage and parking as an auxiliary use which the property conveniently accommodates. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have neglig¡òle impact on the city as a whole, but, as argued in point (c), it will contnòute to the supply of the industrial land suitable for small businesses. The request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequàte 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 developmenl However, as documented above, this proposed boundary adjustment is minor and compat1òle with adjacent land uses. , -~--~"""....,-,-_.....,----~---,' ._---.-'-,-~=--...._......._-""-~-..--._-~......~'-- ----> - Page 5 File Number: LUAR 04-005 Florida Collision Center CONCLUSIONSIRECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, win not create additional impacts on inftastructure and will be compatible with adjacent land uses. It is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATIACHMENTS G:\LU.u.\PIcrida CoIIiIIoD ~~ "CoIIiIIoa CeIII«._ LU~ATIUN MAP 902 NE 3rd STREET -- - - - - - L - ~ ... Q I a ~ ... - : PPGI z GC I . . . -+- ~ 2!. 50 100 150 2Weet . .~_..=,",-~-~....~...-,>--..., --', - - - -,,--_......- ~-- < -,--,~---~.~~- '~--"~--~------''-'~----< -. - -_._:_~---------....._~-~---- --.- XII. - LEGAL ITEM A.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOIm Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 c=J October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2, 2004 c=J October 19, 2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16, 2004 c=J November 3, 2004 (Noon) October 18,2004 c=J September 21, 2004 o November 16,2004 (~ (Noon) September 7, 2004 (Noon) November I, 2~ (}=i -- ::¡-< :::::- -<0 c= G) ':J ""T1 0 Administrative 0 Development Plans , '-eD "lC) U1 ~-< NATURE OF 0 Consent Agenda 0 New Business --~z: AGENDA ITEM ;!::!>o U}~ 0 Public Hearing ~ Legal ~ ,:)0 '-- ::z 0 Bids 0 UnfInished Business I.D -.... .. "'"TeD W -fTl 0 Announcement 0 Presentation 1...0 n» fTln 0 City Manager's Report :I: RECOMMENDATION: Please place this request on the August 17, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request with a unanimous vote under Public Hearing and Legal, Ordinance - First Reading on August 3,2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-021. EXPLANATION: PROJECT: Florida Collision Center (LUAR 04-005) AGENT: Carl A. Cascio, P .A. OWNER: Boynton Beach RE Enterprises, Inc. LOCATION: 902 NE 3rd Street DESCRIPTION: Request to rezone from General Commercial District (C-4) to Industrial District (M-l). Proposed use: auto body repair, storage and towing. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A ~au~ÚH' Dep~ d', s:;f, ( ÀC)~ City Attorney / Finance / Human Resources Planning & Zo g DIrector S:\Planning\SHARED\WP\PROJECTS\F1orida Collision Ctr\LUAR\Agenda Item Request - Florida Collision Ctr LUAR 04-OO5rezone 2nd reading 8-17- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC r ~ i 1 2 ORDINANCE NO. 04- Obb 3 : AN ORDINANCE OF THE CITY OF I 4 ! BOYNTON BEACH, FLORIDA, 5 I REGARDING THE APPLICATION OF 6 . FLORIDA COLLISION 7 I CENTERlBOYNTON BEACH RE 8 I ENTERPRISES, INC., AND ANDREW 9 COHEN, AMENDING ORDINANCE 02-013 10 OF SAID CITY BY REZONING VACANT 11 PROPERTY CONSISTING OF TWO 12 PARCELS, FROM GENERAL 13 COMMERCIAL DISTRICT (C4) TO 14 INDUSTRIAL DISTRICT (M-I); 15 PROVIDING FOR CONFLICTS, 16 SEVERABILITY AND AN EFFECTIVE 17 DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 21 said City; and 22 WHEREAS, Florida Collision CenterlBoynton Beach RE Enterprises, Inc, 23 and Andrew Cohen, owner of the property more particularly described hereinafter, 24 has heretofore filed a Petition, through its agent, Carl A. Cascio, P.A., pursuant to 25 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 26 Beach, Florida, for the purpose of rezoning a tract of land consisting of 27 approximately 0.52 acres, said land being more particularly described hereinafter, 28 from General Commercial District (C-4) to Industrial District (M-I)CBD; and 29 WHEREAS, the City Commission conducted a public hearing and heard 30 testimony and received evidence which the Commission finds supports a rezoning 31 for the property hereinafter described; and S:\CA \Ordinances\Planning\Rezoning\Aorida Collision.doc I .~---,..--.... -.-,~- _._~~-<-~>--. >-_.~<,"- _._ ___~~..___,_"""'_.._,~.~ __T' __-- < ~-~_~~_~-.__~- 1 WHEREAS, the City Commission finds that the proposed rezoning is 2 consistent with an amendment to the Land Use which was contemporaneously 3 considered and approved at the pubJic hearing heretofore referenced; and 4 WHEREAS, the City Commission deems it in the best interests of the 5 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 6 set forth. 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 8 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are true and correct and 10 incorporated herein by this reference. 11 Section 2. The following described land, located in the City of Boynton 12 Beach, Florida as set forth as follows: 13 Parcel #1 14 Lot 145, LESS the East 50 feet thereof, and Lots 146 and 147, LESS the East 35 feet 15 hereof, ARDEN PARK, Addition to Boynton Beach, Florida (nJkJa Boynton Beach), 16 according to the Plat thereof, recorded in Plat Book 2, Page(s) 86, of the Public Records 17 f Palm Beach County, Florida 18 19 20 21 arcel #2 22 e East 50 feet of Lot 145, the East 35 feet of Lots 146 and 147, ARDEN PARK 23 ddition to Boynton Beach, Florida according to the Plat thereof, recorded in Plat Book 24 , Page 96, Palm Beach County, Florida. 25 26 and the same is hereby rezoned from C-4 General Commercial District to M-l 27 dustrial District. A location map is attached hereto as Exhibit "A" and made a part of 28 his Ordinance by reference. 29 Section 3. That the aforesaid Revised Zoning Map of the City shaH be amended S:\CA \Ordinances\Planning\Rezoning\Rorida Collision.doc , 1 accordingly. 2 Section 4. AU ordinances or parts of ordinances in conflict herewith are 3 hereby repealed. 4 Section 5. Should any section or provision of this Ordinance or any portion 5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 6 not affect the remainder of this Ordinance. 7 Section 6. This ordinance shall become effective immediately upon passage. 8 FIRST READING this ~ day of -13 u~sr ,2004. 9 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 Commissioner 26 ATTEST: 27 28 29 City Clerk 30 31 (Corporate Seal) S:\CA \Ordinances\PIanning\Rezoning\Aorida Collision. doc -- -~-~~-~.-.- ~~ 1m -.-_.........,-- '.-._---..."'-,..,...._----~"""'--.~--.._..,~......_~«-~~-~. -' ------~-- -.......~,-----<._""-.".--~-~"-,~ ,->----,~--. "'-"- < - - - - - - - ~ -... . - -.--.- 902 NE 3rd STREET L ~ C Q I a œ ... - : PPGI z GC I .. . I!. 2!. 50 100-t 2W...t DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-021 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, PI8IUler THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: Iwe 2, 2004 PROJECf DESCRIPTION ProJectI Appllcant: Florida Collision Center/Boynton Beach RE Enterprises, Inc. and Andrew Cohen Agent: Carl A. Cascio, P .A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3M Street File No: LUAR 04-005 Property Description: Vacant property consisting of two parcels, totaling approximately 0.52 acre, classified General Commercial (GC) and zoned C-4, General Commercial District Proposed change/use: To reclassify' fÌ'om General Commercial (GC) to Industrial (I) and to rezone from C-4 General Commercial Dis1rict to M-l Industrial Dis1ricl Adjacent Land Uses and Zoning: North: Right-of-way for NE 9th A venue, then vacant parcel designated Local' Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial District South: Right-of-way for NE 8th Avenue, then developed property (flex space) designated General Commercial (GC) and zoned C-4, General Commercial Dis1rict. East: Developed property (auto repair and towing - Florida Collision Center) designated Industrial (I) and zoned M-l, Industrial District. West: Right-of-way for NE 3M Street, then developed property (palm Beach Cowty Head Start daycare and the city's Public Works' facility) designated Public and Private GovemmentallInstitutional (pPGI) and zoned PU, Public Usage. .____'_ _"--"_...,.,r_~~___.,____ ~-. .<---~-------_.....~..> -, > _._J._ >_~_........__~~>_'.._ _ <-~._~-__,__.. -.- ~-,<~~_........_..-----,~-~ ---. Page 2 File Number: LUAR O4-OOS Florida Collision Center EXECUTIVE SUMMARY Staff recommends approval of the prQpOSed land use amendment/rezoninlZ. The proposed land use amendment/rezoning: · Is consistent with the Comprehensive Plan; · Is consistent with recommendations of the Heart of Boynton Community Redevelopment Plan; · Will bring the applicant's entire property wder the same land use designation and zoning category; and · Will increase the supply of land with M-llight industrial zoning suitable for small businesses. BACKGROUND The applicant, who is the owner of the auto repair and towing business Florida Collision Center located on a parcel adjacent to the subject property, is requesting the land use amendment and rezoning which, if granted, will bring the said property under the same land use designation (Industrial) and zoning (Industrial District) as the parcel developed with his existing auto repair business. The subject property, recently purchased by the applicant, consists of two parcels. One of the parcels was developed with a single family home, a non-oonforming use under the current zoning, but the building has been demolished and both parcels are at present used for vebicle parking and storage for the existing auto repair business. Exterior storage of motor vehicles, but not wrecked motor vehicles, is a pennitted use under cmrent C-4 zoning in connection with a lawful principal use, the auto repair. Wrecked vehicles ma1œ up a significant portion of vehicles stored on the subject property. Storage of such vebicles is a pennitted use in the proposed M-l zoning district, provided that it is adequately screened. The applicant will be expected to improve the property by providing such adequate screening, particularly ftom the Head Start daycare center located to the west of the property, across ftom NE 3111 Street. . PROJECf ANALYSIS The subject parcel totals ±o.S2 acre. Because of the size of the property under considerati~ the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding· to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Ãdministration and Enforcement, Item C. Comprehensive Plan ÅmendmenIs: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: Page 3 File Number: LUAR 04-005 Florida Collision Center a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consisteDt with all applicable comprehensive plan policies. In particuIart it is consistent with policies Wlder Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the a4option and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of u.s. 1 and Martin Luther King Boulevard. The property is located in the Arden Park neighborhood within the Heart of Boynton Community Redevelopment Area, and thus the subject of a recently adopted Heart of Boynton Community Redevelopment Plan. The proposed land use amendment and rezoning is consistent with the recommendations of the plan which supports industrial uses in the area bounded by N. Railroad Avenue on the east, NE 3M Street on the west, NE 3M Avenue on the south and NE 9th Avenue on the north. The proposed rezoning does not affect density, neither is the property located within the hmricane evacuation zone. b. Whether the proposed reZoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with ~he protection of the public welfare. The proposed rezoning would be consistent with the established industrial and commercial use patterns in the area and will not create an isolated district. A number of lots within the General Commercial District, where the property is located, and within the industrially zoned area along the N. Industrial Avenuet are developed with industrial and heavy commercial uses. The need for adequate screening, however, is particularly evident given the presence of the Head Start child care facility west of the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Commtmity Redevelopment Plan and its recommendations regarding properties located in the Arden Park neighborhood makes the proposed rezoning desirable. The recommendation is to reclassify all properties fronting NE 3M Street on the east side ftom General Commercial District to M-1 Industrial District, thus expanding the existing industrially zoned area. The s1uinking supply of lands with the industrial designation in recent years may create future location problems for industrial and marginal .----"-- ~._~~~~.~.-........=-~~~-'~."... .~_...._=,~. ~_","" -,-~ ._"-t_ -,,-->.-,-. Page 4 File Number: LUAR 04-005 Florida Collision Center commercial uses, which are important. to the economic fabric of the city by providing valuable serviœs and employment opportunities. This applies to all land classified industrial. The shortage of industrial sites geared towards small business is one of the concerns. At present, there is not much vacant land with industrial zoning such as M-l. Moreover, the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. These are located along US-I and may ultimately be reclassifiedlrezoned to further the Federal Highway Conidor Community Redevelopment PIan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning would he compatible with the current and jùture 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 ~acent or nearby properties. However, the appropriate screening of the properties fronting NE 9 Avenue on the south side will be important as the Heart of Boynton Community Redevelopment Plan recommends land use amendment and rezoning of parcels located on the north side of the NE 981 A venue, across from the subject property, from Local Retail Commercial land use and Neighborhood Commercial zoning to Multi Family Residential use and R-3 zoning. Further expansion of the industrial zoning district, beyond what is recommended by the Heart of Boynton Commwrity Redevelopment Plan, will also be discouraged by the existence of the adjacent NE 3M Street and NE 981 A venue, which represent a permanent separation of the industrial from the sum:nmding non-industrial districts. f. Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable Wlder the existing zoning; however, the existing auto repair shop requires vehicle storage and parking as an auxiliary use which the property conveniently accommodates. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the city as a whole, but, as argued in point (c), it will contribute to the supply of the industrialIand suitable for small businesses. The request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are alternative sites throughout the city for a single-family home use and development. However, as docwnented above, this proposed boundary adjustment is minor and compaùble with adjacent land uses. Page 5 File Number: LUAR 04-005 Florida Collision Center CONCLUSIONSJRECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, win not create additional impacts on inftastructure and will be compatible with adjacent land uses. It is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATIACHMENTS O:WAlIs\FIorida QIIJioIoa ~RqJoIt 1'1 Collilloa CaIIer.doc . ~- ,_. "'"' -----_.-~ - ,. ~-- ~-,-",-,-=-,-~"~,,,~-,,--. ¥ __~,_"''->~~~_-o'>--'<_> ,~.,.,' ~-->~-"'~ LOCATION MAP 902 ME 3rd STREET L ~ C Q I § ~ .", .. : PPGI z GC I .. . ~ 2!,50 100-t 2Weet _ ___..~~ . ______--_ u_ __._---'_~·_"""".......~~..._o_"'"'~..,.~_________<___~ "..~....._~......,-.,.__.,~,..~,~,,_ ~. ~T<- .._>.~^~"~"",,~.-<,," XII. - LEGAL ITEM A.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 ~ August 17,2004 (Noon) August 2,2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 2 I, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1,2004 C") 0 Administrative 0 Development Plans C> n-c ..... =i-< NATURE OF 0 Consent Agenda 0 New Business J> -<0 c= AGENDA ITEM 0 Public Hearing ~ Legal (I) 0" I '-CD f"T1 Q 0 Bids 0 Unfinished Business U1 ~ory -< AZ 0 Announcement 0 Presentation ~ v;-1 ::Ji: C) 0 City Manager's Report c:>z \.D ., ~~ w nJ:> ~ r'TlC"') RECOMMENDATION: Please place this request on the August 17, 2004 City Commission Agenda under LegaP,= Ordinance - Second Reading. The City Commission approved this item under First Reading on August 3, 2004 with a unanimous vote. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-132. EXPLANATION: PROJECT: Auto Repair in Commercial Master Plans (CDRV 04-004) (C-3 Zoning District) AGENT: Michael S. Weiner, Weiner & Aronson, P.A. OWNER: Walter H. Janke and Grove Plaza C, LLC LOCATION: Southeast comer of Lawrence Road and Hypoluxo Road DESCRIPTION: Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.C to allow minor auto repair as conditional uses in stand-alone buildings within commercial master plans in the C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Developm ep City Manager's Signature ~¿)~ City Attorney / Finance / Hwnan Resources Planning ãna Zonin Irector S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 04-004 Auto Repair\Agenda Item Request Auto Repair Comm Master Plan CDRV 04-004 2nd reading 8-1 7-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , I ORDINANCE NO. 04- Ofo 7 1 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 ' ! REGULATIONS, CHAPTER 2 "ZONING", SECTION 6.C. < ¡ 6 ! TO ALLOW MINOR AUTO REPAIR AS CONDITIONAL 7 USES IN STAND-ALONE BUlDINGS WITHllN 8 , COMMERCIAL MASTER PLANS IN THE C-3 ZONING 9 , DISTRICT; PROVIDING FOR CONFLICTS, 10 f SEVERABILITY, CODIFICATION AND AN EFFECTIVE 11 l ¡ DATE. 12 ¡ : , t- : ; 13 I WHEREAS, the City Commission, upon recommendation of the Planning and ~ j 14 lþevelopment Board and the Community Redevelopment Agency, does deem it appropriate -, 15 ind in the best interests of the citizens and residents of the City of Boynton Beach, to amend 16 ~e Land Development Regulations of the City of Boynton Beach to allow minor auto repair 17 is conditional uses in stand-alone buildings within commercial master plans in the C-3 ¡ 18 ~oning district; 19 NO\V THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF , I 20 tHE CITY OF BOYNTON BEACH, FLORIDA, THAT: " ¡ 21 Section 1. The foregoing whereas clause is true and correct and is now ratified and 22 onfinned by the City Commission. 23 Section 2. Chapter 2. "Zoning", Section 6.C.1.cc of the Land Development 24 egulations of the City of Boynton Beach Code of Ordinances is hereby amended by. adding 25 e words and figures in underlined type, and by deleting the words and figures in struck- 26 ough type, as follows; 27 Section 6. C.1.cc(2) On sites of greater than five (5) acres and less than seventy-five 28 (75) acres, all such uses shall be located either (i) in a shopping center and within the 29 principal building of the shopping center or (ìi) within a commercial master plan in 30 which event such building may be free standing;" 31 Section 3. Each and every other provision of the Land Development Regulations 32 ot herein specifically amended, shall remain in full force and effect as originally adopted. 33 Section 4. All laws and ordinances applying to the City of Boynton Beach in 34 onflict with any provisions of this ordinance are hereby repealed. 35 Section 5. Should any section or provision of this Ordinance or any portion 36 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 37 feet the remainder of this Ordinance. 38 Section 6. Authority is hereby given to codify this Ordinance. .\CA\Ordinances\LDR Changes\Amdending LDR - Chapter 2.- Minor Auto Repair.doc ~~---,-,--~-->--~................_-- --.-..----------- - .>-< -"'"".........~,,>- <-.... I Secti on 7. This Ordinance shan become effective immediately. 2 FIRST READING this ~ day of August, 2004. 3 SECOND, FINAL READING AND PASSAGE this _ day of 4 ugust, 2004. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 24 ity Clerk 25 26 :\CA\Ordinances\lDR Changes\Amdending LOR - Chapter 2.- Minor Auto Repair.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-132 TO: Chalnnan and Members Planning and Development Board TIiROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP ff Planner DATE: June. 17, 2004 SUBJECT: CODE REVI~ I CDRV 04-004 Minor Automotive Repair allowed. In subordinate building within a "Commercial Master Plan". . HAmRE OF REOUEST Mr. Michael S. Weiner, representative for the property owners of Parcel B &. C of Grove Plaza, Is requesting that minor automotive repair uses be added to the list of conditional uses In the C-3 Community Commercl~1 (C-3) zoning dlstrkt. Specifically, the applicant Is requesting that the code be modified to allow minor automotive repair businesses as conditional uses In the C-3 zoning dlsb1ct when said uses are located In "free standing buildings" within a "Commercial Master Plan", thereby amending O1apter 2, Zoning, SectIon 6.C.l.cc.(2) to read as follows: "(2) On sites of greater than five (5) aues and less than seventy-ffve (75) aaes, all such uses shall be located either: Q} In a shopping center and withIn the pr/ndpal building of the shoppIng center III mJ withIn a commerr:fal master oIan In whIch event such buDd/no mav be fTee .ndlno:" It should be noted that the effeds of the subject request, If approved, would be citywide (I.e. all properties within the C-3 dlsb1cts). BACKGROUND The aty's OCCUpational Uœnse section categorizes minor automobile repair businesses consistent with 1M North AmerIcan Indusby Casslflcatlon System (1997), which was fonnel1y the Standard Indusbial CassIflcatlon Manual (1987). According to the Occupational Ucense section and the NAICS, wide ranges of businesses are dasslfled as Minor Automotive Repair. The CIty Issues licenses for minor automotive repair with the following categories: #561620 - Auto Alann System Installation; #811122 - Auto Glass Installation I Window llntlng¡ #811111- Auto Mechanical Repair; #811191- AutomotIve 011 Otange &. Lube Shops; #811198 - AutomotIve ServIœs Nee; #811190 - Auto Detailing I Washing e__ _.__..__--'_.__~__"_>___ f_,·~~< ->- -... -_._._----~.~......-~,.---,. _y"......._~"'~____,_"""'"'-...__ .____~___<._,~~_<~,~.__~___v~~' Page 2 CDRV 04-004 The aty currently has licensed a total of 55 businesses that are considered minor automotive repair. The dasslflcatlon "Auto Alarm System Installation" Is the Industry where businesses are engaged In selling alarm sÿstems along with the Installation, repair, monitoring services or remote monitoring of electronic security alann systems. The "Auto Glass Installation I Window llntlng" dasslflcatlon Is where businesses are engaged In replacing, repairing, and I or tinting automotive vehicles, such as passenger car, truck, and van glass. There are five (5) businesses cun-ently operating In the dty (with valid occupational licenses) under this dasslflcation. "Automotive MechanIcal RepaIr" deals with provIdIng repaIr an~ maIntenance services for automotive vehldes, such as passenger cars, trud<s, and vans, and all trailers. 1'11ls dasslflcatlon accounts for the vast majority of minor automotive repair licenses In the city. Establishments In this Industry group employ mechanics with specialized technical skills to diagnose and repair the mechanical and elec.tr1cal systems. The" Automotive 011 Change & Lube Shops" dasslflcatlon comprises those establishments primarily engaged In changing motor 011 and lubrication of the chassis of automotJve vehldes, such as passenger cars, trucks, and vans. In 2004, two (2) occupatlonalllœnses have been Issued for businesses under this heading, namely at Wat-Mart and Jiffy Lube International. However, an Interesting trend has occurred over time with regard to repair shops associated with gas stations. OVer time, the Cty has witnessed a loss of many auto repair activities that" operated as accessory uses to the gas stations. Once considered the InduSby norm, the auto repair aspect of the gas station Is now converted to convenience store and or additional product sales area. ANALYSIS Minor automotive repaIr uses are rorrently allowed as a conditional use (with specific restrictions such as parcel size) In the C-3 zoning dlsbict and as a permitted use In the General Commercial (C-4) and Indusbial (M~l) zoning dlsb1cts. 1'11ey may also be allowed In the Planned Commercial Dlsb1ds (PCD) and Planned Indusbial Development (PID) as well. The applicant did not provide any wr1tten justification for the code amendment to the C-3 zoning district. However, In todaýs convenience driven market, many companies conducting minor automotive repairs (I.e. Jiffy lube, MIdas Muffler, Arestone, llre Kingdom, PrecIsion Tune, 60 MInute Auto llnt) are looking to locate In commercial hubs or strip centers for the added exposure and to entice the shopping public. to stop In and have the vehlde maintained I repaired while they patronize the neighboring businesses. Staff has met several times with the applicant to discuss the possibility of constructing several buildings on Parcels B 8c. C of Grove Plaza that when built, would accommodate minor automotive repair uses. The applicant submitted sketches showing the configuration of four (4) multlple-bay buildings on the parcels. According to Olapter 2, SectIon6.C.l.cc., minor automotive repair uses are not permitted on C-3 zoned parcels less than five (5) aaes In area. As a conditional use, they are allowed on sites zoned C- 3 but only within the 'principal" bundlngs of shopping centers that are greater than five (5) acres but less than 75 aaes. The Intent of the code Is to discourage minor automotive repair uses on small lots and I or out-parœls of shopping centers zoned C-3. However, on sites greater than 75 acres (such as the Boynton Beach Mall), they are allowed In separate (subordinate) buildings and not just solely relegated to the principal building. Exlstlna businesses Generally, heavy commercial and Industrial areas are consolidated to areas that are tucked away from commercial nodes and public view. Minor automotive repair businesses are thus pennltted uses In the C-4 and M-l zoning dlstrtcts. However, as previously mentioned, they are also allowed as conditional qses In the PCD zoning dtstrId. Conditional uses are those uses that are perceived to have a negative npact and would· not be appropriate generally, or without resb1ct1oo, throughout a zoning Page 3 CDRV 04-004 , dasslflcatlon or dlsb1ct. Conditional uses require public hearings and are evaluated on a separate set of development standards. staff reviews each request on a case-by-case basis, ensuring that they satisfactorily meet all 13 standards for evaluating conditional uses. Jiffy lube at 1620 South Congress Avenue and BJ's Wholesale Cub, located 1540 West Boynton Beach Boulevard are such examples of properties that were zoned to PCD and that have minor automotive repair uses within them, albeit In the principal building. According to Chapter 2, SectIon 6.G., the minimum area required to rezone a property to PCD Is three (3) acres. The PCD zoning dlstrfct also has substantial setback and peripheral greenbelt requirements. The purpose of a PCD Is to provide a zoning dasslflcatlon for commerdal developments that would conserve natural amenities and allow for the mitigation of negative Impads that result from land development. For example, for exemption from the minimum aaeage requirement for the auto repair use proposed In the C-3 zoning dlsb1ct, there must be a minimum 200- foot separation between the use and adjacent residential zoning districts. BasIcally, these requirements help to reduce the Impact of Incompatible land uses. The applicant Initiated a code review request knowing that Parcel B & C of Grove Plaza could not be rezoned from C-3 to PCD because of Its size limitation as well as the greenbelt requirements. In the C-3 zoning dlstrfct, the proposed use would be allowed as a conditional use provided that It Is located within principal building of shopping centers less than 75 aaas In area. An example of one such business Is the Wal-Mart llre and Lube Express located at 3200 Old Boynton Road. It must be noted that staff systemaUca11y rebuffs Inquiries and rejects occupational licenses requests for businesses proposed In stand-alone buildings or subordinate buildIngs within shopping centers. As previously mentioned, minor automotive repaIr uses are allowed within subordinate buildings In the C-3 zonIng district provided that the project Is ov~r 75 aaes. There Is only one developed property In the CIty of Boynton Beach that meets this alterta (The Boynton Beach Mall, which has a Sears Automotive located In a stand-alone buildIng). Auto deslan and Darldna The general Intent and purpose of the C-4 and M-l zoning dlsb1ct Is to provide adequate space for more Intense commercial and Industrial uses. Therefore, automotlve-repalr uses are relegated to those aforementioned areas that are heavy commercial or Indusb1alln nature. Accordingly, the Intention Is 10 separate these sites from Iess-lntense commercial acUvIty and residential neighborhoods by virtue of the zoning dlsb1cts within which they are allowed. staff has acknowledged that hlstDrlcally, many properties In the C-4 zoning district and M-l zoning dlsb1å were designed and approved for heavy commercial and Industrial uses with lower partdng demand than their commercial counterparts. However, these older sites have been converted for automotlve-lntenslve uses that possess higher off- street parking demalJC,ls. With respect 10 comparative partdng requirements, Chapter 2, SecUon 11. H., provision of off-$b'æt parking spaces, Sectfon16.(f)(1) requires for Indusb1al, research and development, trades, wholesale, and warehouses: one (1) parking space per five hundred (500) square feet of gross floor area; plus requIred parfdng spaces for any other principal uses, IncludIng offfce or retaIl Roor area. Subsection 16.(f)(6). requires one (1) parking space per eight hundred (BOO) square feet of gross Roo( area for wholesale, and warehouse uses. However, according to SUbsectIon 16.(dX24} automotive paint and body shops are required one (1) parfdng space for ~1IeIY three hundred (300) square feet of gross Roor area. In addition, each overhead door and Intet10r spray booth may be. counted toward a parking space, provided there Is a minimum area, the size of a standard parfdng space, between an overl1ead bay door and an Interior spray booth. However, In no case shall less than four (4) outside parking spaces be provided. Furthennore, Chapter 2, SectIon 16.(f)(4), Including retail gasoline sales, retail automotive parts and I or acœssor1es sales, and automotive repairs, Including major repairs, but excluding automotive paint and body shops are required one (1) parking space per two hundred (200) square feet of gross floor area. The problem >-~<-.'< - -~----<--.,-,-..-.-,,"- Page 4 CDRV 04-004 arises In situations when the auto repair operation becomes busier, the demand for extra parking spaces becomes more apparent. This Is due to the acaJmulatlon of vehicles (either waiting to be serviced or retrieved by the owners) and the lack of excess or overflow parking spaces. However, with the exception of llre KIngdom at 3030 South Congress Avenue, these older, heavy commercial and Indusb1a1 sites are typically hidden and unseen from the major arterials. The parking requirements for automotive repair shops may be revisited during the re-write of the Land Development Regulatfons. Regardless of future code amendments however, the current language also discourages auto-related uses and their assoCIated design characteristics (I.e. overhead bay doors, drive-through windows) on street frontages In commercial zoning districts. In fact, Chapter 9 of the Land Development Regulations discourages locating overhead bay doors on facades that face heavily traveled con1dors. The most familiar design element of an automotive repair shop Is, In fact, the overhead bay door so that vehldes can enter the building. Future ImDllcatlons As mentioned eariler, under the current regulations, shopping centers zoned C-3 are actually allowed to have minor automotive repair shops as conditional uses but only If located within the principal bulldlng(s). For example, a Jiffy Lube store could quite conceivably occupy a vacant bay In any number of the existing shopping centers zoned C-3, such as the Catalina Center, Wlnn-DIxIe, or Publlx shops. However, this scenario Is unlikely due to the fact that automotive repair shops need appropriate and specific types of space for their setup. Nonetheless, there Is nothing In the current regulatf~ that would specifically prohibit this potential scenario. On any given day, staff wlU receive inquiries on whether or not an automotive repair use can locate In a stand-alone buDding on a smalll~ (under five aaes) or In an out-parcel 9f an existing shopping center. The automotive· repair shop would not be allowed In these scenarios under the current regulatfons and neither does the dty want to encourage this type of development. However, at this time, the applicant Is proposing to amend the wrrent regulations to allow automotive repair shops within a freestanding building of a 'commerclal master plan". The reason: Parcels B & C of Grove Plaza are lots that are under five (5) aaes, zoned C-3 and are comprised of a group of properties that tonn a commercial master plan. If the proposed request were approved, then automotive repair shops would. be allowed on the aforementioned parcels. Initially, this seems to be a feasible solution, given the fact that Grove Plaza Is already a master -plan and that a commercial master plan Implies that a property was planned to accommodate these types of uses In the first place, as In the case of a PCD and C-3 zoned properties 1hat were mentioned eartler In this report. A closer examination reveals something to the contrary. The code amendment could eventually allow automotive repair uses within subordinate buildings of shopping centers zoned C-3. Staff Is not overiy concerned with automotive repair business locating In properties zoned C-4 or M-l. However, staff does have concerns about allowing these types of uses within out-parœls of shopping centers zoned C-3. Consequently, there Is little to stop the dty's shopping centers from requesting master plan approval of their own. To request master plan approval, a property. owner would submit plans for review that simply comply with the requirements of Oaapter 3 of the Land Development Regulations. SInce this Is the case, then an existing shopping center (lndudlng the out-parcels and subordinate buildings) could fonnally request master plan approval. Under the new language proposed by the applicant and upon successful completion of the master plan approval process, a typical shopping center located within a C-3 zoning district would then be considered a -commercial master plan", thus opening the door to minor autDmotlve repair businesses In the out-parcels where they werent allowed In the past. The Wendýs at Rlverwalk Plaza, Polio Tropical at 5hoppes of Boynton, McDonald's at the Catalina center, and Kentucky Fried ChIcken at oakwood Square are all such examples of buildings that could be converted to allow minor ,utomotIve repair shops upon conditional use review and approval. If a need for the subjed: use Is Page 5 CDRV 04-004 substantiated, and If the typical out-parcel buildings do, In fact, offer the Ideal environment I structure, then the dty may expertence an exodus of minor automotive repair uses from the heavy commercial and Industrial zoning dlsb1cts to the shopping centers. Also, there are some shopping centers that have out-parcels or subordinate buildings situated close to residential areas. One goal of the current code Is to separate Incompatible land uses from each other, such as automotive repair from residential. RECOMMENDAnON It Is the opinion of staff that this code revision, If approved as requested by the applicant, would have an eventual negative citywide Impact on shopping centers zoned C-3. staff Is concerned about the level of Impact on the citywide dlsb1butlon of automotive repair uses and the public welfare within the commercial and Indusb1al zoning dlstJ1cts. Staff further believes that the subject use (If allowed as requested by the applicant) could Impact the retail! office fa~rtc of the C-3 zoning dlsb1ct and Its peñormance characteristics. Based on this analysis, staff recommends that this request to amend the dty's code to Include minor automotive repair establishments In commercial master plans (as conditional uses) wlthln C-3 zoning district be considered for approval but only with the amended language prepared by staff to provide additional safeguards In Implementing this amendment: On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located In either a prlndoal bulldlno of a shoppIng center or In a subordInate stand-alone flulld/ng and / or ou(patœl withIn Ihe a commerr:/al Master Plan, ort;Jv/ded that the subordInate stand-alone build/no and / or.outparr:el wfthln a commerr/al Master Plan Is not located between the principal bulfdlng-t#-llle 3If8pp/If§ æRtcr and an adfolnlno rfoht-of-way or between the orfnC/pa1 bulldlnç and (!buJlfng res/denfiallv zoned property. The amended language would allow minor automotive repair uses as conditional uses In subordinate buildings of shopping plazas zoned C-3. The language proposed by staff recognizes the market demand, while at the same time preserves the perfonnance and design of the dty's shopping centers, the health of heavy commerdal!lndusb1al zoning dlsbicts, as well as residentially zoned properUes. By Initiating the conditional use requirement, IndMdual sites can be reviewed for optimum layout, buffering, and operation In order to maximize compatibility with the surrounding area. The amended language proposed ~y staff would also help to further separate Incompatible land uses. exhibits MR/elj S:\PlaMlng\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 04-004 Auto RepaIr\Staff Report.doc ----.- . - _.~<-~<.-"_.....~---..._~-------' ".' _~______w_ - < ,-~,-...,---.~"'~ -- ~-' XII. - LEGAL ITEM A.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 [g August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1,2004 ("") CJ C") -i 0 0 ~-< Administrative Development Plans ::Do -<0 c NATURE OF 0 Consent Agenda 0 New Business G"") n" !Q AGENDA ITEM I i!1 c> 0 Public Hearing [g Legal Ul ::1J-< ....~:z: 0 Bids 0 Unftnished Business ~ (/) --I - CJ 0 Announcement 0 Presentation C)Z \.D " "CD 0 City Manager's Report w -("11 D» \.D f'T1("") :I: RECOMMENDATION: Please place this request on the August 17, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under First Reading on August 3, 2004 with a unanimous vote. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-161. EXPLANATION: PROJECT: IPUD (CDRV 04-005) OWNER: City-initiated DESCRIPTION: Request to amend the Land development Regulations, Chapter 2 Zoning, Section 5. L. Infil1 Planned Unit Development, providing additional standards for building design, usable open space and compatIòility with surrounding development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devel~ecto' ~ Ity anager's 19nature ~£g~ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV IPOO\Agenda Item Request IPOO CDRV 04-005 2nd reading 8-17-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 ORDINANCE NO. 04-0b8 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 5.L. 6 INFJLL PLANNED UNIT DEVELOPMENT; PROVIDING 7 ADDITIONAL STANDARDS FOR BULIDING DESIGN, 8 USABLE OPEN SPACE AND COMPATIBILITY WITH 9 SURROUNDING DEVELOPMENT; PROVIDING FOR 10 CONRJCTS, SEVERABILITY, CODIFICATION AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City adopted the IPUD-InfiH Planned Unit Development Zoning 14 egulations in June 2002; and since that adoption staff has become concerned that regulations 15 o not offer adequate protection to existing and stable single-family residential developments 16 hat may be adjacent to the infill projects; and 17 WHEREAS, the City Commission, upon recommendation of staff, approved a Notice 18 f Intent (NOI) for the IPOO Zoning District on January 20, 2004, and a six month period 19 as allocated for staff to complete a study and to initiate amendments to the Land 20 evelopment Regulations to ensure that the qualify of any InfiH project approved under the 21 egulations is consistent with the stated intent of the zoning district and the Federal Highway 22 orridor Redevelopment Plan; 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing whereas clause is true and correct and is now ratified and 26 onfinned by the City Commission. 27 Section 2. Chapter 2. "Zoning", Section 5.L. of the Land Development 28 egulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 29 e words and figures in underlined type, and by deleting the words and figures in struck- 30 ough type, in the attached Exhibit "A". 31 Section 3. Each and every other provision of the Land Development Regulations 32 ot herein specifically amended, shall remain in full force and effect as originally adopted. 33 Section 4. All laws and ordinances applying to the City of Boynton Beach in 34 onflict with any provisions of this ordinance are hereby repealed. 35 Section 5. Should any section or provision of this Ordinance or any portion 36 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 37 feet the remainder of this Ordinance. 38 Section 6. Authority is hereby given to codify this Ordinance. :\CA\Ordinances\LDR Changes\Amdending LDR - Chapter 2.-5.L IPUD.doc i ~___ -_~~~_,.o.-..,;~_....,.~",",,______~~_ ~~._,-<_,__~ _, - -,-,.....~""'.,,,~--~ ___O~ ._.__....._n . -- ">-'<---'.-~--=----"- 1 Section 7. This Ordinance shall become effective immediately. 2 FIRST READING this ..3 day of August, 2004. 3 SECOND, FINAL READING AND PASSAGE this _ day of 4 ugust,2004. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 TTEST: 22 23 24 ity Clerk 25 26 :\CA\Ordinances\lDR Changes\Amdending lDR - Chapter 2.-5.L IPOO.doc 1 CHAYfER 2 - ZONING EXHIBIT A Sec. 5 Residential district regulations and use provisions L. INFILL PLANNED UNIT DEVELOPMENT (IPOO). The Infill Planned Unit Development (IPOO) District standards and regulations are created for the purpose of al10wing flexibility to accommodate infi11 and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with nonnal Planned Unit Development regulations found in Chapter 2.5 of the Land Development Regulations. 1. Intentien and expectation~. a. The IPOO regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and v. A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. b. It is a basic public expectation that landowners requesting the use of the IPOO district will develop design standards that exceed the basic development standards in tenns of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are met in the proposed development plan. c. The IPOO shall minimize adverse impacts on surrounding property. The City is not obligated to automatically approve the level of development intensity requested for the IPOO. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The City may require, as a condition of approval, any limitation condition, or design factor that will provide a reasonable transition to adjacent development. d. In order to be approved, an WOO project must be compatible with and preserve the character and sanctity of adiacent residential neighborhoods. Further, it must be an enhancement to the local area and the city in general. Presentation of projects that fail to do so will be denied. e. Each IPOO project is independent and will be evaluated solely on its own merits. The inclusion of certain features ina previously approved IPUD project wiU not be entertained as a valid argument for the inclusion of that same feature in any other IPUD proiect if the City decides to reiect those features. S:\CAIAAlllPUD 07-21-04Final.doc ~-,--~~_..-.. .......~'_____L......_~___ __~. ~__. '->'--.~~_._~--'>._' 2 2. Application process. a. The procedures and requirements for applying for rezoning to the IPOO district are the same as those for rezoning to the POO district as stated in Chapter 2.5, Section 10 of the Land Development Regulations. b. When the IPOO is to be developed in a single phase, the Site Plan for the development may also represent the Master Plan. c. The entire property proposed for development as an WOO shaH be under common ownership or unified control. so as to ensure unified development. 3. Development standards. Minimum lot area: 1 acre Maximum lot area 5 acres Maximum height 45 ft. (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (Building): 50% Maximum density Determined by undedying land use: . 10.8 dulac for lands classified High Density Residential (HDR) or Local Retail Commercial (LRC); or . 20 dulac for lands classified Special High Density Residential. Minimum usable open space per dwel1ing unit: -l- ~OO sq. ft. Perimeter Setbacks Shall mirror setbacks of adiacent zoning district(s) but with a minimum of the setback required for a single-family residence. as detennined by the orientation of structures in the IPOO. 4. Additional standards. a. Building design elements. (1) Massing. The proportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding area. (2) Materials. A variety of materials must be utilized to provide visual interest to the buildings. Colors and materials must be selected for compatibility with the site and the neighboring area. The exterior building design must be coordinated on all elevations with regard to color. materials. architectural fonn. and detailing to achieve design hannony and continuity. S:\CA\RAl\lPUD 07-21-Q4Rnaf.doc 3 (3) Articulation_ Well-articulated buildin~s add architectural interest and variety to the massin~ of a building and help break up monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incorporatin~ the use of vertical and/or horizontal reveals, stepbacks, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow line and break up flat surface areas. (4) Overall design. Design of the project shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adjacent to the site as an element in the overall design. ~b. Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening should must be intended to shield neighboring properties from any adverse external effects of the proposed development. (3) Screening and buffering should must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. Ir.c.Pedestrian circulation. (1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. (2) In all cases, pedestrian access to public walkways shall be provided. b. &.d. Required Usable open space. (1) The usable open space, such as recreation areas and passive common ownership areas,Shall be required for residential development projects and mixed-use residential projects~ shall be desigBed to be available to every dwelling unit pi"'Ûposed. (2) This required usable open space shaH be designed to maximize privacy and usability to the residents. Shall include active or passive recreational s{>ace; (3) Private courtyards, nateral ar-eas and "vater bodies shall not count to'Nard required open space. Shall not be occupied by streets, drives, parkin~ areas, or structures other than recreational structures; S:\CAIRAL\lPUD 07-21-04Rnal.doc _.__H_"__~___"_~-"'''_____'__'___~''~~_~__ --....._o____~__....._~~_._____.~~_ -. .. - ...~- _~___~__T ~__~~_.".~ 4 (4) Shall be designed to be available and accessible to every dweHing unit proposed; (5) Shall. where feasible, be centrally located in the develovment; and (6) Shall not include private courtyards, natural areas and water bodies. 4e. Trash collection. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters 5hall must be screened and designed such that they are not visible from or disruptive to adlacent properties, streets. and rights-of-way while stil1 being so as to be conveniently accessible to their users and collectors. (3) Dumpsters or trash containers shall not be located within setbacks abutting single-family residential developments. e-:LMixed land uses. (1) Within the IPOO, mixed land uses may be proposed. (2) Commercial uses shall only be all owed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan. (3) Howeyer, ~&uch development must be found compatible with adjacent uses and established design characteristics. (4) Compatibility will also be judged on hoVl well the proposed de:\'elopment fits withiH the context of the neighborhood and abuttiHg properties. Any commercial uses shall be small-scale retail and services. primarily to serve the residents of the IPUD. and not the public in general. (5) Any commercial uses must front on the arterial roadway or on an access wholly contained within the proiect with neither entrance nor exit on or visible from or disruptive to adiacent properties, streets. and rights-of-way. & Compatibility with surroundin~ development. (1) Compatibility will be iudged on how weIl the proposed development fits within the context of the neighborhood and abuttin~ properties. For this purpose. elevations and cross-sections showing adiacent structures shall be included with the site plan application. S:\CAIRAl\lPUD 07-21-04Fìnal.doc 5 (2) If vegetation, screening or other barriers and/or creative design on the perimeter of an IPOO achieve compatibility with adiacent uses, the City may grant some relief from the following two requirements: a. Any IPOO located adjacent to an existing single-family residential development(s) must locate structures of the same unit type or height allowed by the adiacent zoning district( s). b. Structures on the perimeter of an IPOO proiect, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) foot in height for the perimeter structures that exceed thirty (30) feet. ill If an IPOO is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the proiect's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. ~h. Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the IPOO may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the City's Land Development Regulations. However, in no case shaH health, safety and/or welfare be jeopardized. (2) HO'.vever, in no case shall health, safety and/or welfMebe jeopMdizød. Roadways providing external connections to the City's street network shall meet all requirements contained in the City's Land Development Regulations. ~h Exterior lighting. Lighting of the exterior, parking areas and watercraft docking facilities· of the planned development shall be of the lowest intensity and energy use adequate for its PUIpose, and shall not create conditions of glare that extend onto abutting properties. lr.j~ Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. S:\CA\RAl\IPUD 07-21-04FtnaLdoc _ __ _,,~_______~o~_.~_~__...~......__.~~ ~---~---~y~."--,,, ------ ,- ~ - --,-, -'~---'~'"'-'~-"-.- -~-- '_~""-'___'____UO__?_.___"''-'-__ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-161 TO: Chairman and Members Commun~~lopment Agency Board FROM Dick Hudso P THROUGH: Senior Planner rW~ Michael W. Rumpf Director of Planning and Zoning DATE: July 1, 2004 SUBJECT: IPUD-Infill Planned Unit Development Dlsbict (CDRV 04-005) NATURE OF REOUEST Staff Is proposing amendments to the IPUD-Inflll Planned Unit Development Zoning District to ensure compatibility of infill redevelopment with adjacent existing single-family development, to clarify setback requirements, and to provide standards for building design elements. BACKGROUND . The City adopted the IPUD-Inflll Planned Unit Development Zoning regulations In June 2002. After several developers used the regulations for projects In the Federal Highway cOnidor, staff became concerned that the regulations do not offer· adequate protection to existing and stable single-family residential developments that may be adjacent to the Infill projects. On staffs request, the aty Commission approved a Notice of Intent (NOI) for the IPUD Zoning DIstrict on January 20, 2004. A six-month period was allocated for staff to complete a study and to Initiate amendments to the Land Development Regulations to ensure that the quality of any Infill project approved under the regulations Is consistent with the stated Intent of the zoning district and the Federal H/ahwav Confdor Redevelooment Plan. Staff has worked closely with both the CRA Board and the Inlet Cove Association (INCA) through Individual meetings and workshops to develop amendments to the existing regulations and has Incorporated recommendations from those meetings In the proposed amendments. ANALYSIS In drafting the Initial regulations for the IPUD, It was staff's aim to provide a framework for developers to follow without resortJng to overly specific rules. this worked for several exemplary projects. There are, however, those developers who will push regulations to the limit without regard for the character of existing development In the vicinity. WIthout strict rules to govern a development, It becomes dlfflaJlt to provide an objective critique and reviewers are challenged to deny a poorly planned project, even when It does not carry forward the collective vision for the Federal Highway Corridor. S:\PlANNING\SIiAREO\WP\SPEO'R03\coo£ RMEW\CORV 1PUO\CDRIISTAFFREPr.DOC Page 2 CDRV 04-005 IPUD-Inflll Planned Unit Development The proposed amendments to the regulations provide more direction to developers as to how any project should fit Into, the context of existing development, while stili omitting exacting standards. At the same time, these additions provide more opportunities for staff to ensure that recommendations for approval will only be given to projects that are consistent with the Intent of the zoning district. Successful Implementation of this ordinance Is dependant upon the CIty's not accepting anything less. The accompanying draft amendments Include additions to the "Intent and expectations" section, clarification of the requirement for unified control or common ownership, setbacks, standards for building design elements, additional standards for usable open space and compatibility requirements. Comments and recommendations received from INCA since staffs last workshop with the CRA are provided In italics and underlined (Italics) on the accompanying exhibit "A". RECOMMENDATION Staff recommends that the proposed amendments to the IPUD-Infill Planned Unit Development Zoning District be approved. If there are changes or additions recommended by the Community Redevelopment Agency Board, they will be Included as exhibit "B". Exhibits S:\I'lANNING\SHARED\WP\SPEO'ROJ\COOE RMEW\CDRV IPUO\CDRVSTAFFREPT.DOC _,~.___ _ ._·_~~~.~__n_ ~~~__~~___~~~,.~~--.---~ ' ,_~~_,u----....__",--~·" 1 CHAPTER 2 - ZONING EXHIBIT A Sec. 5 Residential district regulations and use provisions L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 2.5 of the Land Development Regulations. 1. Intentioo and expectatioIl§. a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and V. A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces dc' a d setbacks, will be dependent on how well the abov et in the proposed development plan. c. The IF ac SUIToundin roe . The City is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead. it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The City may require. as a condition of approval. any limitation condition. or design factor that will provide a reasonable transition to adjacent development. d. In order to be approved. an ¡PUD project must be compatible with and preserve the character and Bfmctity of adjacent residential neighborhoods. Further. it must be an enhancement to the local area and the city in general. Presentation of proiects that fail to do so will be denied. ~ Each !PUD oroiect is indeoendent and will be evaluated solelv on its own merits. The inclusion of certain features in a previouslv approved !PUD proiect will not be entertained as a valid argument for the inclusion of that same feature in any other !PUD project if the City decides to reiect those features. S:\PIannlng\SHAREÐ\WPlSPECPROJlCODE REVlEW\CDRV IPUD\IPUD 07-14.04.cIoc 2 2. Application process. a. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10 of the Land Development Regulations. b. When the IPUD is to be developed in a single phase, the Site Plan for the development may also represent the Master Plan. c. The entire property proposed for development as an IPUD shall be under common ownership or unified control. so as to ensure unified development. 3. Development standards. Minimum lot area: 1 acre Maximum lot area 5 acres Maximum height 45ft. (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (Building): 50% Maximum density Detennined by underlying land use: . 10.8 duJac for lands classified High Density Residential (HDR) or Local . mmercial (LRC); or for lands classified Special i ensity Residential. Minimmn usable open space per DR q.ft Perimeter Setbacks -- -Í1I'OIIWtbacks of adiacent zoning district(s) but with a minimum of the setback required for a single-family résidence. as determined bv the orientation of structures in the ¡pun. 4. Additional standards. a. Building design elements. (1) Massing. The proportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding area. (2) Materials. A variety of materials should must be utilized to provide visual interest to the buildings. Colors and materials should must be selected for compatibility with the site and the neighboring area. The exterior building design should must be coordinated on all elevations with regaro to color. materials. architectural form. and detailing to achieve design harmony and continuity. S:\Plannlng\SHAREDlWPlSPECPROJ\CODE REVlEW\CDRV IPUD\lPUD 07-14"()4.doc ,_.,__'^'><__._'"_,_...___''.._" _H_____·. _ _,. -~----_.-~-,,--~.'----- -----~-_...' 3 (3) Articulation. Well-articulated buildings add architectural interest and variety to the massing of a building and help break up monotonous facades. A variety of features should must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incOlporating the use of vertical and/or horizontal reveals. stepbacks. modulation. projections. roof detailing. and three dimensional details between surface planes to create shadow line and break up flat surface areas. (4) Overall desi!Œ. Design of the proiect shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adjacent to the site as an element in the overall design. aob. Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening should must be intended to shield neighboring properties from any adverse external effects of the proposed development. (3) Screening and buffering should must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special g the intrusion of automobile headlights on neighb and driveways. (1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. (2) In all cases, pedestrian access to public walkways shall be provided. b. e:d. Required Usable open space. (1) The usable open spaee, sooh as reereation areas and passiyo common o\vnership areas, Shall be required for residential development projects and mixed-use residential projects; shall be designed to be available to every El"r\'ßlling unit proposed. (2) This required usable open space shall be designed to maximize prÍYacy and llSability to the residents. Shall include active or passive recreational space: (3) Prhate courtyards, natural areas BBd water bodies shall Bet count taward req1iked open space. Shall not be occupied bv streets. drives. parking areas. or structures other than recreational structures: S:\PtaMlng\SHARED\WPlSPECPROJICODE REVlEW\CDRV IPUO\IPUO 07-14-04.doc 4 (4) Shall be designed to be available and accessible to every dwelling unit proposed~ (5) Shall. where feasible. be centrally located in the development; and (6) Shall not include private courtyards. natural areas and water bodies. Eke. Trash collection. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters shall must be screened and designed such that they are not visible from or disruptive to ad;acent prooerties. streets. and rights-of-way while still being GO as to he conveniently accessible to their users and collectors. (3) Dumpsters or trash containers shall not be located within setbacks abutting single-family residential developments. ~f. Mixed land uses. (1) Within the IPUD, mixed land uses may be proposed. (2) Commerc yelopments fronting on streets classified as "arterialn on adwaysn map in the Boynton Beach Comprehensive (3) Howe"ler, compatible with adjacent uses and established design characteristics. (4) Compatibility YlÌll also be judged on how well the proposed deylelopment fits within the context ofilie neighborhood and abutting properties. Anv commercial uses shall be small-scale retail and services. primarilv to serve the residents of the IPUD. and not the public in general. (5) Anv commercial uses must front on the arterial roadway or on an access wholly contained within the pro;ect with neither entrance nor exit on or visible from or disruptive to ad;acent properties, streets. and rights-of-way. &:. Compatibility with surrounding development. (1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose. elevations and cross-sections showing adjacent structures shall be included with the site plan application. s:lPtannlng\SHARED\WP\SPECPROJICODE REVlEW\CDRV IPUD\lPUD 07·14-04.doc ._.,~--,-~->- -. ___ __. __ _~__._~~~o=-~._-"__'>-__''''~"''__''_~~ 5 (2) If vegetation. screening or other barriers and/or creative design on aleng the perimeter of an IPUD do not achieve reasonable compatibility with adjacent uses. the City may impose grant some relieffrom the following two requirements: a. Any IPUD located adjacent to an existing single-family residential development( s) may be required to must locate structures of the same unit type or height allowed by the adjacent zoning district(s) adjaoent to that development. b. Structures looated on the perimeter of the an IPUD proiect. in addition to the basic setback requirements. must may be required to be set back one (1) additional foot for each one (1) foot in height for that portion of the perimeter structures that exceed a&e¥e thirty (30) feet. This additional setbaok. if imposed. shall be in exeess of the basio setback requkements. ill If an IPUD is located with frontaí!e on the Intracoastal Waterway. conditions of apDroval shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the TJro;ect's actual frontage on the water. regardless of what any other governing or permitting entity may allow or TJermit. f..h. Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered r 'th . ts- - avement widths less than the requirements stated in the Ci t . However, in no case shall health safe and/or welfare be . (2) , . Roadways providing external connections to the City's street network shall meet all requirements contained in the City's Land Development Regulations. ~h Exterior lighting. LightinJ! of the exterior. parking areas and watercraft docking facilities of the planned development shall be of the lowest intensity and energy use adequate for its purpose. and shall not create conditions of glare that extend onto abutting properties. Ir.j~ Natural features. The ohysical attributes of the site shall be respected with particular concern for preservation of natural features. tree growth and open space. S:\PlannlnglSHAAED\WP\SPECPROJ\COOE REVIEW\CDRV IPUC\IPUO 07·1~.doc -~-_-______"""""'___~_""'_~__""_-c<__--- . ___>..~_~..-'--__ ¿'n_'" 4.~ --.-__-~__ XII. - LEGAL ITEM A.10 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office r=J August3,2oo4 (Noon.) July 19, 2004 o October 5,2004 (Noon) September 20,2004 ~ August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 2004 0 Administrati ve 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: Adoption of Ordinance to amend the Investment Policy of the General Employees' Pension Plan. EXPLANA TION: On February 20, 2004, the Pension Board approved and recommended amending the Investment Policy to afford the pension plan greater flexibility in its investment aUocations and enhance its investment opportunities. That is now brought before the City Commission in the form of this Ordinance. PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: ~ Department Head's Signature City Manager's Signature City Attorney Department Name S:\BUlLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ; ORDINANCE NO. 0 t.J - Db <1 I 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 2 FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 5 3 OF THE CODE OF ORDINANCES OF THE CITY OF 4 BOYNTON BEACH, FLORIDA TO AMEND THE INVESTMENT 5 POLICY OF THE GENENRAL EMPLOYEES' PENSION PLAN 6 TO AFFORD THE PENSION PLAN GREATER FLEXIBILITY 7 IN ITS INVESTMENT ALLOCATIONS AND ENHANCE ITS I 8 INVESTMENT OPPORTUNITIES; SPECIFICALLY 9 AMENDING SECTION 18-145, ENTITLED, "INVESTMENT OF 10 FUNDS;" PROVIDING FOR CODIFICATION; PROVIDING 11 FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 12 PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the General Employees' Pension Board of Trustees ("Board") has 15 determined the necessity to amend the terms of the Investment Policy in order to meet 16 the investment needs of the Plan in an ever-changing investment market; and 17 WHEREAS, on February 20, 2004 the Board approved and recommended 18 amending the Investment Policy, as more particularly set forth herein; and 19 WHEREAS, it is the desire of the City Commission to adopt the changes in the 20 Investment Policy as recommended by the Board; 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are hereby certified as 24 being true and correct and are incorporated herein by this reference. All exhibits 25 attached hereto are hereby incorporated herein. 26 Section 2. The City Commission of the City of Boynton Beach hereby 27 amends the Investment Policy for the General Employee's Pension Fund, as approved 28 and recommended by the General Employees' Pension Board of Trustees on February CODING: Words in struck through type are deletion from existing law. Words in underscored type are additions. Page 1 of 8 S:\CC\WP\JANE1\General Employees Pension Plan - Amending Investment Policy. doc \ __n_<'Z<-___._>_ ~-~-_.-----==~- .' ~___<w.____~~ o~, .__'~~~+h~_'.>_~__~_.~_o> ·~h ORDINANCE NO. , 20, 2004, by specifically amending § 18-145 of the City Code of Ordinances as 2 foHows: 3 . . . 4 (d) General Obiectives. 5 (1) The prmarv investment objective of the Boynton Beach General 6 Employees' Pension Fund is the preservation of invested capital. The 7 secondary objective is to achieve moderate long-term real growth (after 8 inflation) while minimizing the volatility of returns. 9 (2) To achieve these objectives. the Board seeks to create a weH- 10 diversified and balanced portfolio of high quality equity. fixed income and 11 money market securities. The Board has determined that one or more outside 12 Investment Managers shaH be retained to assure that aH investments are 13 managed in both a prudent and professional manner and in compliance with the 14 stated investment guidelines. 15 (e) Investment Obiectives. 11) (1) Investment objectives are intended to provide quantifiable / benchmarks to measure and evaluate portfolio return and risk. Most investment 18 styles require a full market cycle to allow an Investment Manager to 19 demonstrate his abilities. A full market cycle is generally defined as a three to 20 five year time period. As a result. perfonnance objectives wiH be measured 21 over three to five year periods. Monitoring shorter periods may be used to 22 determine the trend of perfonnance premiums or deficiencies. 23 (2) The specific investment objectives of the Boynton Beach 24 General Employees' Pension Fund are as follows: 25 (A) Primary Ob1ective: 26 I. To earn an avera~e rate of return over the long 27 tenn (3 to 5 years) which exceeds the return of a Target Index. 28 The Target Index for the Bovnton Beach General Employees' 29 Pension Fund is defined as a 55% investment in the Russen 3000 30 Stock Index. a 10% investment in the Europe Austrailasia and 31 Far East Stock Index (EAFE) and a 35% investment in the 32 MerriU Lynch Master Bond Index. Page 2 of 8 CODING: Words in struck tftrQUgh type are deletion from existing law. Words in underscored type are additions. S:\COWP\JANE1\General Employees Pension Plan - Amending InvestIDent Policy.doc I ! I ORDINANCE NO. 1 11- In addition, it is expected that the total rate of 2 return earned wiH rank above average when compared to a 3 representative universe of other, similarly managed portfolios. 4 (B) Secondary Obiective: a further goal of the Boynton 5 Beach Genera Employees' Pension Fund shall be to achieve an average 6 annual rate of return greater than the absolute return of 8%, over the 7 ]oneer tenn. This absolute return objective wi11 be evaluated in the 8 context of the prevailing investment market conditions. 9 (C) Volatility: The volatility of the Fund's total returns is 10 expected to be similar to that of the Tar~et Index and wiH be evaluated 11 accordingly. 12 (3) The investment objectives set forth herein have been established 13 for the entire Boynton Beach General Employees' Pension Fund. The specific 14 investment objectives for each investment manager wiH be outlined in separate 15 documents which shall be addenda hereto and incorporated herein to this 16 overall Statement of Investment Policy. 17 (df) Investment Guidelines. 18 (1) The Board of Trustees has established the following target asset 19 allocation for the entire Boynton Beach General Employees' Pension Fund: 20 í I Target Target Allocation Range (at market) (at market) [EQuity securities M-%65% 30% -~75% I Fixed income securities #%35% 30% - 70% I Cash 0% 0% - 10% 21 (2) To implement this strategy, the Board has chosen to hire one or 22 more professional investment managers. Specific assignments and additional 23 guidelines for each Investment Manager wiH be outlined in addenda to this 24 section. The following guidelines and restrictions apply to all fund 25 investments. 26 (3) In accordance with the policies established by the Board of 27 Trustees, the assets of the Boynton Beach General Employees' Pension Fund 28 shall be invested in a diversified portfolio of fully negotiable, equity, fixed Page 3 of 8 CODING: Words in stmek through type are deletion from existing law. Words in underscored type are additions. S:\COWP\JANE1\General Employees Pension Plan - Amending Investment Policy. doc ,~~'="_.--~- '-. -,,,", '-"~......-----, ---~ ~'__e-~'-~_'~ _~_~ _~A_. - - -----, ~~-_.-._--.. - ORDINANCE NO. t income, and money market securities, provided they meet the following 2 criteria: 3 a. Equity securities: 4 1. Investments in equity securities shall be limited to 5 no more than ::¡'{}%75% at market valuation value or 60% at cost I 6 valuation of the fund's total asset value; 7 2. All equity investments shall be limited to fully 8 and easily negotiable equity securities; 9 3. No more than 5% at cost value of an Investment 10 Manager's equity portfolio may be invested in the shares of a 11 single corporate issuer; 12 4. Investments in stocks of foreign companies shall 13 be limited to 20% (at cost) of the total investment portfolio; 14 5. Investment ill equity securities whose market 15 capitalization is less tRail $3 billion shall be limited to 20% of 16 the total equity portfolio; 17 8 é2· Investment in those corporations whose stock has I 19 been publicly traded for less than one year are limited to 15% of 20 the equity portfolio; and 21 :jQ. Equities may be managed through the purchase of 22 open-end, no-load mutual funds or commingled funds,,- as loøg 23 as tRese feøds iø aggregate Those securities\funds purchased 24 directly bv investment advisors are expected to adhere to the 25 equity guidelines herein. The Board implicitlv accepts the 26 policv of a mutual or commingled fund when it makes a direct 27 investment. 28 b. Fixed income securities: 29 1. The fixed income portfolio shall comply with the 30 following guidelines: 31 (A) The average credit quality of the fixed 32 income portfolio shall be rated "A" or higher; and Page 4 of 8 CODING: Words in struck through type are deletion from existing law. Words in underscored type are additions. S:\COWPIJANET\Genera1 Employees Pension Plan - Amending Investment Policy.doc ORDINANCE NO. 1 (B) The duration of the fixed income portfolio 2 should be less than -l-§()%135% of the duration of the I 3 market index. The market index is defined as the MerriH 4 Lynch Government Corporate Master Bond Index. I 5 2. Investments m aH corporate fixed mcome 6 securities shaU be limited to: 7 (A) Those securities rated "BAA" or higher by 8 Moody's or by Standard & Poor's rating services. Fixed 9 income securities, which are downgraded below the 10 minimum rating, shaH be sold at the earliest beneficial 11 opportunity; 12 (B) Securities issued by a corporation 13 organized under the laws of the United States, any state 14 or organized territory of the United States, or the District 15 of Columbia; and 16 (C) No more than 10% at cost of an 17 Investment Manager's total fixed income portfolio shall 18 be invested in the securities of any single corporate 19 Issuer. 20 3. Investments m CoUateralized Mortgage 21 Obligations (CMOs) shall be limited to 15% of the market value 22 of the Investment Manager's total portfolio and shaH be 23 restricted to issues which meet all of the foHowing criteria: 24 (A) An issues must be backed by mortgage 25 securities issued, guaranteed, or fully insured by the 26 Government National Mortgage Association (GNMA), 27 the Federal Home Loan Mortgage Corporation 28 (FHLMC), the Federal National Mortgage Association 29 (FNMA) or that are rated "Aaa" by Moody's or "AM" 30 by Standard & Poor's rating services; and 31 (B) An issues must pass the FFIEC High Risk 32 Security Test on ßÐ ßÐnual basis. Any CMO issue held in 33 the In'¡estment Manager's portfolio that fails the FFIEC 34 test shall be sold at the earliest beneficial opportunity. Page 5 of 8 CODING: Words in stmok tlHough type are deletion from existing law. Words in underscored type are additions. S:\CC\WP\JANE1\General Employees Pension Plan - Amending Investment Policy.doc -~ --,-----~_.-~""""'~~....._~--~~ ~..--......._~~--...,---, ----,...;~-~--.--.- . . ~~_~~~_o ~__ ---,j> ORDINANCE NO. I I . 4. There is no limit imposed on investments in fixed 2 income securities issued directly by the United States 3 Government or any agency or instrumentality thereof. 4 5. Fixed income securities may be managed through 5 the purchase of open-end, no-load mutual funds or commingled 6 funds,,- as long as these funds in aggregate Those securities/funds 7 purchased directly by investment advisors are expected to adhere 8 to the fixed iflcome guidelines herein. The Board implicitly 9 accepts the policy of a mutual or commingled fund when it 10 makes a direct investment. 11 c. Cash Equivalent Securities. 12 1. The investment manager may invest only in the 13 following short-term investment vehicles: 14 (A) The money market or STIF provided by 15 the Plan's custodian; 16 (B) Direct obligations of the United States 17 Government with a maturity of one year or less; 3 (C) Commercial paper with a maturity of 270 19 days or less that is rated A-lor higher by Standard & 20 Poor's or P-l or higher by Moody's; and 21 (D) Bankers acceptances issued by the largest 22 50 banks in the United States (in terms of total assets). 23 4. Prohibited Investments. Investments in interest only or principal 24 only CMOs, precious metals, limited partnerships of any kind, direct I 25 investment in real estate, repurchase agreements, venture capital, futures 26 contracts, options contracts, municipal bonds, trading on margin and short 27 selling are prohibited. Investments not specifically addressed in this section are I 28 considered prohibited investments. 29 5. Review of Policy. It is the intention of the Board of Trustees of 30 the Boynton Beach General Employees' Pension Fund to review this Statement 31 of Investment Policy and its addenda periodically to amend it to reflect any 32 changes in philosophy or objectives. However, if at any tie the Investment 33 Manager believes that the specific objectives defined herein cannot be met or Page 6 of 8 CODING: Words in struck through type are deletion from existing law. Words in underscored type are additions. S:\COWP\JANET\GeneraJ Employees Pension Plan - Amending Investment Policy.doc ,. I ORDINANCE NO. 1 that these guideJines unnecessarily constrict performance, the Board shall be so 2 notified in writing. 3 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of 4 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 5 such conflict. 6 Section 4. If any clause, section, or other part or application of this 7 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 8 invalid, such unconstitutional or invalid part or application shall be considered as 9 eliminated and so not effecting the validity of the remaining portions or applications 10 remaining in full force and effect. 11 Section 5. This Ordinance shall become effective when the folJowing have 12 occurred: 13 (a) the City Commission has received and has accepted a report establishing 14 the actuarial soundness of these amendments; and 15 (b) when a collective bargaining agreement ratifying the foregoing changes to 16 pension benefits has been ratified by the City Commission and the General 17 Employees' Pension Board of Trustees, or their successor organization. 18 Upon satisfaction of all of the above requirements, then in that event, the terms 19 and provisions of this Ordinance shall become effective. FIRST READING this ~ day of AU3U.sr ,2004. Page 7 of 8 CODING: Words in st:nlÐk tMOHgh type are deletion from existing law. Words in underscored type are additions. S:\COWP\JANE1\General Employees Pension Plan - Amending Investment Policy. doc ____~_....·"'__ß¥_~,...~ _~__, c_....,~....<=V__.,-"«.......~ ...~____....__",_ ,-~ '>--.-..>'-- -,,------~ -----,--»----~>--- - ----,------ --' '" ORDINANCE NO. , I SECOND, FINAL READING and PASSAGE this - day of , 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern ATTEST: Commissioner CITY CLERK Commissioner (CORPORATE SEAL) Page 8 of 8 CODING: Words in stnJÐk thmugh type are deletion from existing law. . Words in underscored type are additions. S:\COWPIJANE1\General Employees Pension Plan - Amending Investment Policy.doc ._~--"'"-..._---.;.~-_. ---.,~"- -.,......._,-~-~.-~-._-_.-- XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 6, 2004 March 15, 2004 (Noon.) o June 1,2004 May 17, 2004 (Noon) o April20,2004 AprilS, 2004 (Noon) o June IS, 2004 May 31, 2004 (Noon) o May 4, 2004 April 19, 2004 (Noon) o July 6, 2004 June 14,2004 (Noon) o May 18, 2004 May 3, 2004 (Noon) [8J July 20, 2004 July 5, 2004 (Noon) 0 c:> 0-1 .Ç"" :::t-< 0 [8J c.- -<0 Administrati ve Legal c:: ,.-.'"T1 I ,-CD NATURE OF 0 Announcement 0 New Business I ,",,0 AGENDA ITEM 0 0 N -;0-< City Manager's Report Presentation Ã:% :;poo -fl --I 0 Consent Agenda 0 Public Hearing ::J: ·0 0% - "(D 0 Code compliance/Legal Settlements 0 Unfinished Business Ç? ~fT1 C> oJ> - rt10 :x: RECOMMENDATION: Ordinance on First Reading to provide a one-time opportunity for current members of the General Employees' Pension Plan to include prior military service as creditable service towards a member's pension by purchasing service credits for such military service served by the member EXPLANA TION: Ordinance would allow General Employees to purchase prior núlitary service at no cost to the City and no cost to the General Employees' Fund. Employees would bear full costs. Collective bargaining unit has approved the ordinance. PROGRAM IMPACT: Additional enhancement to the Employees' Pension Plan to provide general employees the same I ·.ptions as participants in the Police and Fire Pension Plans FISCAL IMPACT: The Fund's Actuarial Consultant has indicated that there would be no additional cost to the City. City Manager's Signature Pension Administration / Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC · , I I 1 I ORDINANCE 04- 0&0 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA PROVIDING A ONE- TIME OPPORTUNITY FOR 5 CURRENT MEMBERS OF THE GENERAL EMPLOYEES' 6 PENSION PLAN TO INCLUDE PRIOR MILITARY SERVICE AS 7 CREDIT ABLE SERVICE TOWARDS A MEMBER'S PENSION BY 8 PURCHASING SERVICE CREDITS FOR SUCH MILITARY 9 SERVICE SERVED BY THE MEMBER; PROVIDING 10 REGULATIONS FOR IMPLEMENTATION OF THIS OPTION; 11 DIRECTING THAT A CERTIFIED COpy OF THIS ORDINANCE 12 BE PROVIDED TO THE FLORIDA DIVISION OF RETIREMENT; 13 PROVIDING FOR CONFLICTS; PROVIDING FOR 14 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the General Employees' Pension Board of Trustees ("Board") has 17 determined the necessity to provide for a one-time opportunity for current members of 18 the General Employees' Pension Plan ("Plan") to include prior military service, as 19 defined in § 18-81 of the Plan, as creditable service towards a member's calculation of 20 pension benefits under the Plan by purchasing service credits for prior military service; 21 and 22 WHEREAS, the Board has approved and recommended to the City 23 Commission the adoption of this modification to the Plan; and 24 WHEREAS, it is the desire of the City Commission to modify the Plan as 25 recommended by the Board; 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "WHEREAS" clauses are hereby certified as 29 being true and correct and are incorporated herein by this reference. An exhibits 30 attached hereto are hereby incorporated herein. Page 1 of 4 JFK: 8-18-200311-23-2004 S:\CA\On:linances\Pension\General Employees Pension - military buy back option.doc v<,o_~____. 9' -.. ......... ~..- - ,_ _o_~ ^--"_;L_«",,_'~_·_k__O<_~·C_____. >-.--,-,-<---...»~,,-<---,--_.-._<t'"--. 1 Section 2. The City Commission of the City of Boynton Beach, Florida 2 hereby provides for a one-time opportunity for current members of the General 3 Employees' Pension Plan ("Plan") to include prior military service, as defined in §18- 4 81 of the Plan, as creditable service towards their calculation of pension benefits under 5 the Plan by purchasing service credits for prior military service. This option shall only 6 be available to those persons who are members of the Plan as of the effective date of 7 this Ordinance. 8 Section 3. The open enrollment period for exercising this option shall 9 commence thirty (30) business days following the adoption of this Ordinance to 10 provide sufficient notice to Plan members. The open enrollment period shall remain 11 open for sixty (60) days, during which time a Member choosing to exercise this option 12 shall submit the required fonns to the Plan Administrator demonstrating their intent to 13 exercise such option. Any member failing to submit the required fonns prior to such 14 expiration date forfeits the option to purchase prior military service as creditable 15 service in the Plan. Any future military service shall continue to be regulated by § 18- 16 81 of the Plan. 17 Section 4. It shall be the member's financial responsibility to buy back 18 such military service as credited service in the Plan pursuant to the calculations 19 provided by the Plan actuary which shall be provided to each member during the thirty 20 (30) day notice period. Credit shall be awarded only for that service bought back and 21 only upon receipt of payment. The member may make payment for such purchased 22 service credit over a five (5) year period commencing with the first' date of open Page 2 of 4 JFK: 8-18-200311-23-2004 S:\CA \Ordinances\Pension\General Employees Pension - military buy back option.doc ! 1 enroHment. No member shaH receive credit for purchased service credits for which 2 payment has not been received. Any service credits for which payment has not been 3 received prior to the expiration of the five (5) year payment period shall be forfeited. 4 Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of 5 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 6 such conflict. 7 Section 6. It is hereby directed that a certified copy of this Ordinance shall 8 transmitted to the State of Florida Division of Retirement. 9 Section 7. If any clause, section, or other part or application of this 10 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 11 invalid, such unconstitutional or invalid part or application shall be considered as 12 eliminated and so not effecting the validity of the remaining portions or applications 13 remaining in full force and effect. 14 Section 8. This Ordinance shall become effective immediately upon 15 adoption. 16 THE REMAINDER OF TIDS PAGE HAS BEEN 17 INTENTIONALLY LEFf BLANK. 18 Page 3 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc _....-....._--"'....~-"'"-_........~,..'-'"' - ---..............""".......-'>~>.,---.--- _ _-_"_.c..,._~v o.~._~.._. r~_.____n __~ '__"'~~",-,. ,._~~ ,-,_~_. 1 FIRST READING this _ day of ,2004. 2 3 SECOND, FINAL READING and PASSAGE this - day of 4 ,2004. 5 6 CITY OF BOYNTON BEACH, 7 FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 ArrEST: 18 19 Commissioner 20 21 CITY CLERK 22 Commissioner 23 (CORPORATE SEAL) Page 4 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc ---~.-~ .,~~,--------,.........._-->.~---,~-~., ,--, --> XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 6, 2004 March 15,2004 (Noon.) o June 1, 2004 May 17, 2004 (Noon) o Apri120,2oo4 April 5, 2004 (Noon) o June 15, 2004 May 31,2004 (Noon) o May 4, 2004 April 19, 2004 (Noon) o July 6, 2004 June 14, 2004 (Noon) o May 18,2004 May 3, 2004 (Noon) [g July 20, 2004 July 5. 2004 (Noon) C") 0 Ç") -t .¡::- :::::¡-< 0 Administrative ~ Legal <- -<0 c:: ("')" r- NA TURE OF 0 Announcement 0 New Business , :-00 ""0 AGENDA ITEM 0 City Manager's Report 0 Presentation N :-0-< Ã:z 0 Consent Agenda 0 Public Hearing :r:o- u}-4 :x: C> O:z: 0 Code compliance/Legal Settlements 0 Unfinished Business ª ." "'"T10) 0 - f"T1 Ç')J> - Me") RECOMMENDATION: Ordinance on First Reading to amend Chapter 18, Article II of the Code of Ordinances t'ff amend Section 18-77 entitled "Creditable Service" to afford members of the General Employees' Pension Plan the opportunity to purchase creditable service for prior employment with the City or with another governmental entity. EXPLANA TION: Ordinance would allow General Employees to purchase creditable service for prior employment with the City or with another governmental entity at no cost to the City and no cost to the General Employees' Fund. Employees would bear full costs. Collective bargaining unit has approved the ordinance. PROGRAM IMPACT: Additional enhancement to the Employees' Pension Plan to provide general employees the same . options as participants in the Police and Fire Pension Plans FISCAL IMPACT: The Fund's Actuarial Consultant has indicated that there would be no additional cost to the City. S: edine ')!::ve the OrdJDanee 7mmeßded by the mpl ees' Pension Board. Department Head's Signature City Manager's Signature Pension Administration / Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC [1 ; ! I I I 1 I ORDINANCE NO. 04· 05 t I 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 18, ARTICLE II OF 5 THE CODE OF ORDINANCES OF THE CITY OF 6 BOYNTON BEACH, FLORIDA TO AMEND §18-77, 7 ENTITLED "CREDITABLE SERVICE," TO AFFORD 8 MEMBERS THE OPPORTUNITY TO PURCHASE 9 CREDITABLE SERVICE FOR PRIOR EMPLOYMENT 10 WITH THE CITY OR \VITH ANOTHER 11 GOVERmIENTAL ENTITY; PROVIDING FOR 12 CODIFICA TION; PROVIDING FOR CONFLICT; 13 PROVIDING FOR SEVERABILITY; AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 WHEREAS, the General Employees' Pension Plan (the "Plan") provides for the 17 calculation of each participant's Nonnal Retirement benefit based upon the creditable 18 service for which credit is allowed under the tenns of the Plan; and 19 WHEREAS, it is the desire of the General Employees' Pension Plan Board of 20 Trustees ("Board") to enable a member to purchase creditable service towards their 21 pension benefit for prior full-time employment with the City of Boynton Beach or with 22 another governmental agency; and 23 WHEREAS, the City Commission has reviewed the recommendations of the 24 Board and finds the amendments to the Plan proposed by the Board as provided herein 25 to be in the best interests of the Plan members and the City; 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 1 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - buy-back of prior government service.doc _. <M ~__. ,__~O_'_____"""_-...-.~ ~~_ ..~----,"',~. _~_,o_........,,~~-= _...._,___- _ ~-_~. ,-<-,---.. -.' 1 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being 2 true and correct and are incorporated herein by this reference. 3 Section 2. Chapter 18, Article II, Division 4, §18-77 of the Code of 4 Ordinances of the City of Boynton Beach, Florida, entitled "Creditable Service," is 5 hereby amended to read as follows: 6 §18-77 Creditable Service. 7 8 ill} Creditable service for the purpose of calculating benefits 9 for general employees shaH consist of the member's service rendered by 10 the employee since he last became a member, plus past service, rendered 11 continuously since the employee's last date of employment as defined in 12 section 18-78 to the date of his separation from service by reason of 13 death, disability, termination of employment or retirement but not 14 beyond the employee's nonnal retirement date as described in section 15 18-111 if such date falls on or after January 1, 1979, except that an 16 employee who delays retirement and who elects to continue to contribute 17 after nonnal retirement date as provided in section 18-95 shall receive 18 creditable service after nonnal retirement date up to the date of delayed 19 retirement. 20 (b) General employee members may purchase up to five (5) 21 years prior service as a full-time employee of the City of Boynton Beach 22 or any other governmental agency, so long as such service is not used 23 towards creditable service for any other retirement plan, provided that 24 the member pays into the plan the fun actuarial cost of such service, as 25 computed by the Pension Fund's actuary. The member shall bear the 26 cost of such actuarial evaluation. Payments for such service may be 27 made. at the member's option, by a lump sum payment or periodic 28 payments bearing interest at the plan's actuarially assumed rate of return 29 made according to a five (5) year maximum installment payment 30 schedule. or a combination of the foregoing. Credit shall be awarded 31 only for that service purchased and only upon receipt of payment. While 32 prior service credit may be purchased at any time u{Jon becoming a 33 member in the plan. credit for purchased service shall only be awarded 34 after the member has completed five (5) years of service with the City. CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 2 of 4 JFK: 8-18-200311-23-2004 S:\CA \Ordinances\Pension\General Employees Pension - buy-back of prior government service.doc ! ! i , ì I I 1 j If the member separates from service with the City prior to completing 2 I five (5) years of service, an monies paid towards the purchase of 3 I creditable service shan be refunded to the member. 4 Section 3. It is the intention of the City Commission of the City of Boynton 5 Beach that the provisions of this Ordinance shan become and be made a part of the 6 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this 7 ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to 8 "Section", "Article" or such other word or phrase in order to accomplish such intention. 9 Section 4. An Ordinances or parts of Ordinances, Resolutions or parts of 10 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 11 such conflict. 12 Section 5. If any clause, section, or other part or application of this 13 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 14 invalid, such unconstitutional or invalid part or application shall be considered as 15 eliminated and so not effecting the validity of the remaining portions or applications 16 remaining in full force and effect. 17 Section 6. This Ordinance shalJ become effective when the folJowing has 18 occurred: 19 a) the foregoing changes to pension benefits has been ratified by the collective 20 bargaining unit(s) representing the General Employees, or their successor 21 organization; CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 3 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - buy-back ofprioc government service.doc c ___~~'_____ø"'" __~""'r_"'Y~~'_F__ ---.__ _='_.__>_~__'-iF___~ _ > _ __ ~_'~"L=--<>-"'_"",~ ..--;,,_. -_.~_~.._~~ ___,-...._~,.."~f>_~ ->_ 1 b) the City Commission has received and has accepted a report establishing 2 the actuarial soundness of these amendments; and 3 c) a copy of this ordinance has been forwarded to the State of Florida 4 Division of Retirement. 5 Upon satisfaction of this requirement, then in that event, the tenns and provisions 6 of this Ordinance shan become effective. 7 8 FIRST READING this _ day of ,2004. 9 SECOND, FINAL READING and PASSAGE this - day of 10 ,2004. 11 12 CITY OF BOYNTON BEACH, 13 FLORIDA 14 15 16 Mayor 17 18 19 Vice Mayor 20 21 22 Commissioner 23 ATTEST: 24 25 Commissioner 26 27 CITY CLERK 28 Commissioner 29 (CORPORA TE SEAL) CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 JFK: 8-18-200311-23-2004 S:\CA \Ordinances\Pension\GeneraJ Employees Pension - buy-back of prior government service.doc ·~"--.--....~,--- ,. . ---'-"'-~--.....,-,--- -C_~~A_ <-._~ _-,-y > '-,-~---. , ~,_~ ~_ ___ .__~_~_O~_.. _ - .",.~-. XII. - LEGAL ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.)July 19,2004 o October 5, 2004 (Noon) September 20,2004 [g August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November I, 2004 0 ;:::) n-i .¡:- ~-< 0 0 Development Plans ~ ....<0 Administrative c:: -r¡ Ç) n NATURE OF 0 Consent Agenda 0 New Business 'co I ~o AGENDA ITEM 0 [g c.Jl 7J-< Public Hearing Legal ?':;z: 0 0 ;po u'; -i Bids UnfInished Business -..... C) -"'" 0% 0 D ú) -n Announcement Presentation OJ .. :::!fT1 0 City Manager's Report r nJ> - fT1("") :::r.: RECOMMENDATION: Please place this request on the August 17,2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote approved this request under Public Hearing on August 3,2004. For further details pertaining to the request, see attached Department of Development Memorandwn PZ 04- 185. EXPLANATION: PROJECT: Boynton Lakes (ABAN 04-006) (Boswell Place) AGENT: Kristen Conti/Jeannie Heavilin OWNER: Sara L. Valashinas LOCATION: 3 Boswell Place DESCRIPTION: Request for abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat. No.2. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A Develo r Ity anager sIgnature N~ Úz6 City Attorney / Finance / Human Resources Planning and Zo DIrector S :\Planning\SHARED\ WP\PROJECTS\Boynton Lakes\ABAN 04-006\Agenda Item Request Boynton Lakes ABAN 04-006 1 st reading 8-17 -04.doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC , , 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT I 5 OF A PORTION OF A UTILITY EASEMENT LOCATED 6 ON LOT 3 OF BLOCK 26, BOYNTON LAKES PLAT I 7 NO. 2 (ABAN 04-006), SUBJECT TO STAFF I 8 COMMENTS; AUTHORIZING THE CITY MANAGER 9 TO EXECUTE A DISCLAlMER, WHICH SHALL BE 10 RECORDED WITH TIllS ORDINANCE IN THE 11 PUBUC RECORDS OF PALM BEACH COUNTY, 12 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Sara L. Valashinas, through her agents, Kristen Conti and Jeannie 16 Heavilin, is requesting abandonment of a portion of a utility easement located on Lot 3 of 17 Block 26, Boynton Lakes Plat No.2, subject to staff comments; and 18 19 WHEREAS, comments have been solicited from the appropriate City Departments, 20 and public hearings have been held before the City's Planning and Development Board, and 21 the City Commission on the proposed abandonment; and 22 23 WHEREAS, staff has detennined that the utility easement provides no public 24 service; and 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 28 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 herein by this reference. 31 32 Section 2. The City Commission of the City of Boynton Beach, Florida, does 33 hereby abandon a portion of a portion of a utility easement located on Lot 3 of Block 26, 34 Boynton Lakes Plat No.2, subject to staff comments, and more particularly described in the 35 attached Exhibit "A." A location map is attached hereto as Exhibit "B." 36 37 Section 3. The City Manager is hereby authorized and directed to execute the 38 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 39 Records of Palm Beach County, Florida. 40 41 Section 4. This Ordinance shall take effect immediately upon passage. 42 43 FIRST READING this _ day of ,2004. 44 45 SECOND, FINAL READING AND PASSAGE THIS _day of 46 . S:ICA\OrdinanceslAbandonmentslAbandonement -Boynton lakes 04-006.doc - ~- --' --- ...,--~._- ~---- -- -><=- -~----... ,-- -----~ ,.__,~_-,~v-_."".-___~·-· " I 1 ,2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 A TIEST: 20 21 22 City Clerk 23 4 25 . S:\CAlOrdinances\Abandonments\Abandonemenl -Boynton Lakes 04-006.doc , i 1 2 3 4 EXHIBIT "A" 5 6 Utility Easement to be abandoned, the'west 2.3 feet of the east 6.5 feet Lot 7 3, Block 26, Boynton Lakes Plat No.2, as recorded in Plat Book 46, Page 8 138, of the Public Records of Palm Beach County, Florida. 9 10 The existing utility easement as recorded in the memorandum of 11 abandonment and relocation of utility easements, in Official Record Book 12 5466, Page 641, of the Public Records of Palm Beach County, Florida. 13 Said easement being a portion of Lot 3, Block 26, Boynton Lakes Plat No. 14 2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm 15 Beach County, Florida. 16 . S:\CA\Ordinances\Abandonments\Abandonement -Boynton Lakes 04-006,doc _-0-.--0____ _ ....__....._....o.:;~_~__... -___" _,_,-___, '~'-~-'--...~-~","----- - ----.j; ._~w~~... I 1 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 7 a portion a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No.2, subject 8 to staff comments, and more particularly described in the attached Exhibit "A". 9 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 10 Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ 11 day of August, 2004. 12 13 ATTEST: CITY OF BOYNTON BEACH, FLORIDA 14 <5 Janet Prainito Kurt Bressner, City Manager Ò City Clerk 17 18 STATE OF FLORIDA ) 19 )ss: 20 COUNTY OF PALM BEACH ) 21 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 22 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 23 Florida, known to me to be the persons described in and who executed the foregoing 24 instrument, and acknowledged the execution thereof to be their free hand and deed as 25 such officers, for the uses and purposes mentioned therein; that they affixed thereto the 26 official seal of said corporation; and that said instrument is the act and deed of said 27 corporation. 28 WITNESS my hand and official seal in the said State and County this _ day of 29 August, 2004. 30 NOTARY PUBilC, State of Florida My Commission Expires: ~ S:\CA\OrdinanceslAbandonmentslAbandonement -Boynton Lakes 04-006.doc '-.-J/ . or . .... ~ I I I 1 In. = 100.0 feet ~ / J _J ITll ~ BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT 'Dn ~___.. ___ I' ..~--_........'" DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-185 TO: Chairman and Members Planning and Development Board THRU: MIchael W. Rumpf Planning and ZonIng Director FROM: Maxlme Ducoste-A. ~ Planner ~ DATE: July 21, 2004 SUBJECT: Boynton lakes Plat No. 2- Abandonment of a portion of a utility easement ABAN 04-006 NATURE OF REQUEST: This request to abandon a portion of a utility easement was submItted on June 22, 2004. The applicant, Kristen Conti and Jeannie Heavllfn, agent for Sara L. Valashlnas, Is requesting to abandon 2.3 feet of the utility easement located on Lot 3 of Block 26 Boynton lakes Plat No.2. It Is described as follows: The west 2.3 feet of the east 6.5 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, as recorded in Plat Book 46, Page 26, of the public records of Palm Beach County, Florida. The location map attached as exhibit" A" shows the general vicinity of the portion of the utility easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment and Its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. (see exhibit "A" - Location Map) North: Single-family detached zero lot line homes (Boynton lakes PUD); South: Single-family detached zero lot line homes (Boynton lakes PUD); East: Right-of-way for Boynton lakes Boulevard; and farther east Boynton lakes PUD Plat No.3; West: Right-of-way for Boswell Place; and farther west single-family detached zero lot line homes (Boynton lakes PUD). BACKGROUND: .- When the Plat of Boynton Lakes Plat No. 2 was approved It Induded a twelve (12) foot utility easement located along Tract "F", which abuts Boynton Lakes Boulevard. That entire easement was located at the rear of the subject lot. On July 21, 1987, The aty approved the abandonment of the twelve (12) foot easement and subsequently a replacement was provided. The replacement utility easement encompasses Page 2 Memorandum No. PZ 04-185 ABAN 04-()06 easterly 6.5 feet of the subject property and westerly 6.5 feet on Tract "F". A screen porch was built with permits In 1994 and encroaches within the 6.S-foot utility easement located on the subject property. The abandonment of the western 2.3 feet will resolve the porch encroachment and the porch will comply with the 3.S-foot rear setback. According to the applicant, the entire 6.S-foot utility easement located on the subject property is not being utilized by any utility companies (see exhibit "Bl" - Applicant Justification). 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: The following responses were received from the affected parties: CITY DEPARTMENTS Engineering - No objection Utilities - No objection Planning and Zoning - No objection PUBUC UTILITY COMPANIES Florida Power and Ught - No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Comcast) - N/A RECOMMENDATION: Staff recommends that this request to abandon the west 2.3 feet of the east 6.S feet of Lot 3, Block 26, Boynton Lakes Plat No.2, and as described above be approved. No conditions of approval are recommended. This recommendation Is based on staff's finding that the utility easement serves no public purpose. Any conditions recommended by the Planning and Development Board or required by the Oty Commission will be placed In exhibit "c" - Conditions of Approval. xc: Central Rle S:\PIannIng\SHARED\WP\PROJECTS\NAUT1CA\AIIAN OZ-002\S1aff Report.doc ~,-- ,- ·-d."'''''"''''___-~-~---~-- .--'--"'-~'-'--"'''''"'''-''-",q'-----~ -- __"__''"-''''''''_F~_______'__~____________~'' .~ --,.- 4. ~ --~ ... 1 In. = 100.0 feet BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT WAW ( .- EXHIBIT "8" -!«*'9h ~'. tuckër, P.LS. . SURVEYORS == .- CONSTRt.ICTJOH LAra 310 S.OUTH FEDERAL HIGHWAY· P.O. BOX 768· BOYNTON BEACH, FlORIDA ~ BOYNTON BEACH Ph. ,n. (561) 7S7~ · Fmç (561) 73«..7~ , \ . ~ ....~. BOYNTON LAKES PLAT NO.2 L01f 3~ BLOCK 26 2.3 FOOT EASEl\'IENT TO BE ABANDONED .. . - _.. -_. '. -- . ~ .,. .-.- EASEMENT TO BE ABANDONED, 1HB WEST 2~3 FEET OF THE BAST 6.S FEET OF nm U1UJTYBASEMBNr AS RECORDBDIN THBMBMORANDUMOF ABANDONMENT AND i RELOCATION OF UTILITY SASBMBNTS, IN OFFICIAL RECORD BOOK 5466, PAGE 641, OF THE PUBUC RECORDS OF PALM BEAŒ COUNTY, FLORIDA SAID EASBMBNT BEING A PORTION OF LOT 3, BLOCK 26, BOYNTONLAKES PLAT NO 2, AS RECORDED IN PLAT BOOK 46, PAGE 26, OF nIB PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA :. --- -" -..,. -..--.. . . . .._" =- -- . - - - ---- - --.......---. - ._-. - - .- ,----- ..--.- ._- .,. .' , . CERTIFICATION " _ ~..:":. I HEREBY CERTIFY 1HAT TIm DESCRIPTION AND ,ATTACHED. SKETCH OF "DESCRIPTION WERE . .":~:." PRBPARFD IN ÂCCORDANCB wrm THÈ SURVEYING STANDARDS, CHAPTER 610176, FLORIDA " . ...... ADMINISmAnON CODE, SBTFOURnIBY mE FLORIDA BOARD OFPROFBSSIONALSURVEYORS AND : .-.. . ...~ MÁP.PERS.PURSUANT TO SECTION 472.021, FLORIDA STATUI'ES, AND IS TRtJaAND CORRECT TO TßB .: ... ~":.'" BBSTŒ'MYKNOWLEDOEANDBELJEF, UNLES~ lTBBARS nIB SIaNATURBAND TIm ORIGJNAL RAISED " SEAL OF AFLORIDAUCBNSBD SURVEYOR AND MAPPER, THIS DRAWINO, SKETCH, PIAT OR MAP IS FORJNFO 110NPURPoSES ONLY AND IS NOT VALID. .. . , - . . NOT.B; TInS IS NOT A SKBTCH OF SURVBY,~NLY LB 2102 Joe Tucker A GRAPHIC DEPICTION OF mBDBSClUPTI . OWN ",. HEREON, 1HBRBHAS BBBNNO FIFlD WORK . G _..~ CONNBCtlONWJ.1HTsBPRBPARAnON OF~S..: "- INFORMATION SHOWNHBRBON. . . ptJone: N01E;LANDS SHOWNBERBON WBRB NOT ABS~Ø1ID 2t1S.E. 23RD AVENUE (581) 391-4388 Boca FORRIGHI'S OF WAYS BASBMENTS OF RESEIlv4nONS P.O. BOX 7&1 8Qyn1on (581) 737-6546 OFRBCORD '. . ><'.. . BOYNTON BEACH, FLORIDA33435 F~ . (581) 734-7546 ...... .. - ~ '( ..: -. .~_-._---,~---.~.---<-,,-,._------. -, ~". '-~.-,'-- . >~-. EXHIBIT "8" ./c!MIII M. Tu*_, P.LS: SURVEYORS IIOUNIWW ~ .. ' . . MOImIAtIIIUIW!Y8 , OOHS1RucmoN LAVOUT 219 S.E. 23rd STREET - P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 · Fax (561) 734-7546 . . ~.. t) 7Z I;~C"Ú.?'~ ~~ÞS' Va'a> ,~ . .,......< - -'."._.-- ., . ~ rV;;2~.;;Þs'Ø..g¥//¥O_ ¡¡;:''? . ~ ~ -..", .::/,' :17/?'èf!L ---. ..:' - . -.. .: .;._- - -. '. '. -." . ", '. ' " ~..- '- ~ . . .' -.... --- -~- --- *VJ . CI\" ~ \J ,00 oç;; !J .,69.4.£40:'0 ·s ~ , ~ ~ . -- ~ I . ~ S' . ~ ~~ i ~) In-- ·t' , ,,, ~ ~~,~. ~ : a~~ ~~~~: a· ~ ~ v I' ~ ' $ ~ ~ . ~ 01. S:S. ~; ~~~ w : ~ ~ ~I ~ . J~j G) ~ . t· . - ~~ A< :n ~ I· . .'-- .-- - ~. ~'. ~ .v".Ç T . _ t·· Ñ"\... - It ~ J},. I- «:) . 11}.;: . ,tJ'r/ c;;;¡. 0 lef . 9 ¡ '~~ ~ ~ \./.;. ~ ~ I b ~ . ! . ~ 10 ~ ~.: ~ I . B ~_- .~ a1 ti -:. ~ I ti i ~ : ~ z . '~. ~. ~.. 2; è5 : . ~ ~. :;' ~ - I~" .~~ ~ ~ w' ~ ,lTa:~ ~ I . ~ - ~ ..,.. ~ ~ .:~ :'. .g/::.' ..,. ~ ~ .: 0 '0;. ".. .. .. - . .-. . .. , <:) :2ë ..... 0,{) .~ .,.,.:....;....... I::-'If)~ (91 .'.'1 0 ~ . ...... .., 10 ~ -!i: ~ t- ") .. If') 10 . A.i : ~~ ~~ I I~~ ¡5!f; ..~. '- If) . Iz, e, u :) $ z -{. ~ e.. ~ .0. ~ / " >c e;-f5\... . -' , ~ / / JQ ~ e·. .'" 0- ~ . / . / øs~ . ~ \) :. / i 'IS '~kl ~ . _.~ ~ . . .... Ø\... _4W~~ , '1 ...... , ~. '. ; S JJ! ~ . ~~¡ : ~ ~ ~ q¡ 'Ir-' ~~ t i' ..~~, ~~ . ,..-'. -.. _.. __.. ...~ _ _ _. .. _. ... 1.' ~--'- . r". {'\ EXHIBIT "B 1 " APPUCANT JUSTlFlCATlor . , EXt:IlmTA . TO ABANDONMENT PETITION OF ~ L. VALASHI~S The legal description of the subject lot is the following: Lot 3, Block 26, Boynton Lakes Plat No.2, according to the Plat thereof, recorded in Plat Book 46, Page 148 of the Public Records of Palm Beach County. FI. (8 copy of the plat and survey are submittéd herewith) The utility easement that is the subject of this Abandonment Application was created by the above referenced plat over the rear of the subject lot, speciically, the easement as originally created was the East 12 feet of lot 3. Block 26, Boynton lakes Plat No.2. The City adopted Resolution 87- YY on July 23, 1987. This Resolution by its terms abandoned the entire 12' easement. Please see Exhibit A to the Resolution 87- YY Page 4 of4 and you will see that the third legal description from the bottom of this page is -The East 12 feet of lot 3, Block 2G of said plat: Boynton lakes Plat No.2 (P.U.D.)- . . However, the City approximately 3 months after the adoption of Resolution 87- YY required the developer, Lennar Homes, Inc.. to record·a Memorandum of Abandonment and Relocation of Utility Easements dated October 29, 1987 which reestablished the easement to be the East 6.5 feet of Lot 3, Block 26. In 1994 the City issued a permit to construct a roofed 'screened in porch to the rear of the subject property and issued a final inspecti~n approving its construction. The porch encroaches 2.2 feet into the remaining easement. The abandonment request is to abandon an additional 2.3 feet of the remaining easement to cure the encroachment. This would leave the onlinal easement width at. 4.2 feet 1 (howevèr, see below, remaining easement area is adtually 10.7 feet). It Is respectfully requested that the legal description for the abandonment be the following: -rhe West 7.8 feet of the East 12 feet of lot 3 Block 26 Boynton lakes Plat No.2, acèording to the Plat thereof, recorded in Plat Book 46, Page 148" . 1. The actual width of the remaining easement is 10.7 feet because In the Memorandum of Abandonment and Relocation of UtIlity Easements thøre was an additional 6.5 foot In width (1ength-200 feet) e889ment created behind Lots 2-5, Inclusive, of Block 26~ The legal description for this additional easement area Is on the last page of the forgoing Memorandum and Is the last legal description on that page. Please find attached hereto a Special Purpose Survey done by Richard L. Shephard ánd AssocIates dated 6/21/04 that shows graphically this addldv..td 8.5 fwl vIRnRAel4 _. _ether with ".18181 d8S8F1ptiGR ~ II. allO shown or ~. .~ survey submitted herewith). This additional easemel1t area Is not part of the lots referred to, it Is behind and abuts the lots. '~~~L____~<C~___---"--_".~___"'~o"-'-'N"~~~. _ __ ,L. . __.__~_ _ n_. .._'-_J_'_"¿;;~_~___'. -- - ,---_~__ -!-J-_ - EXHIBIT "C" Conditions of Approval Project name: Boynton Lakes Plat No.2 File number: ABAN 04-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 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 FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Pfanning\SHARED\WPlPROJECTSIBoynton Lakes\ABAN 04-OO61COA.doc ____...-"-_....---....,.""'"................ I -....~--- ~ __.-.. '____-';;O'_h___.~_ ~ - -~ "---- . .._-,~-<>--_._-......_,,- .- ~<___.,,"._..-v,,-~~,,~~~-,..- -_~.... DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lakes Plat No.2 Abandonment APPLICANT'S AGENT: Kristen Conti - Jeannie Heavilin APPLICANT'S ADDRESS: 530 East Ocean Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat NO.2. LOCATION OF PROPERTY: 3 Boswell Place, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk .j:\Ptannlng\SHARED\WP\PROJECTS\Boynton Lakes\ABAN O4-OO6\DO.doc ~-,_",,"-'04~''''__'''''''''''''6'' '-0="" ¡;" .- ~~ .-".--~. _-'.~ - _.__~_~=',.--''"'~_.o..~.___~..,;_"'" .>__..,,__<~~ XII. - LEGAL . ITEM 8.4 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 Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 [g August 17, 2004 (Noon) August 2, 2004 o Ocroberl9,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 D November 16,2004 (Noon) November I, 2004 0 (Noon) September 7,2004 ("")~ c::> :=:t-< .::- ~ -<0 D 0 i.Î -T1 Administrative Development Plans ø ,-cP - :10 NATURE OF 0 Consent Agenda 0 New Business - ::J -<. -_;:.-:.--... -;L. AGENDA ITEM D Public Hearing t8] Legal -0 U;-I 0 0 0 :J: o-z:. Bids Unfmished Business - ~c:o 0 0 ., _r11 Announcement Presentation .r-- O:p D .¡:- 01("") City Manager's Report :J: RECOMMENDATION: Please place this request on the August 17, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission approved this item under Consent Agenda on July 20, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-162. EXPLANATION: PROJECT: Urban Parking Rrequirements - Mixed Use (CDRV 04-007) AGENT: Michael S. Weiner, Weiner & Aronson, P.A. DESCRIPTION: Request to amend Chapter 2, Zoning, Section 11.H reducing parking ratios for multi- family, hotel, and marina uses in mixed-use projects within the CBD zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ City Manager's Sigñature µ¿ Planning and Zoning Dir or City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\sPECPROJ\COD VIEW\CDRV 04-007 Parking MU\Agenda Item Request Urban Pking Require. mixed use CDRV 04-007 I st reading 8-1 7-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . , I XII. - LEGAL ITEM 8.4 1 I ORDINANCE NO. 0 04- 2 I I 3 4 AN ORDINANCE OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 6 CHAPTER 2, "ZONING," OF THE BOYNTON BEACH 7 LAND DEVELOPMENT REGULATIONS, SECTION II.H., 8 "PROVISION OF OFF-STREET PARKING SPACES," 9 PROVIDING FOR A REDUCTION IN PARKING 10 REQUIREMENTS FOR MIXED USE DEVELOPMENT IN 11 THE DOWNTOWN MIXED USE - HIGH INTENSITY 12 DISTRICT, FOR CERTAIN REDEVELOPMENT IN THE 13 CENTRAL BUSINESS DISTRICT, AND FOR CERTAIN 14 REDEVELOPMENT ON PROPERTY ABU1TING OCEAN 15 AVENUE FROM THE CBD BOUNDARY WEST TO 16 SEACREST BOULEV ARD; PROVIDING FOR 17 CONFLICTS, SEVERABILITY, CODJFICATION AND AN 18 EFFECTIVE DATE. 19 20 WHEREAS, parking requirements are set forth in the City of Boynton Beach Land 21 evelopment Regulations, Chapter 2, Section lI.H., where minimum parking requirements 22 e set forth in various uses; and 23 WHEREAS, to promote the redevelopment of the downtown area in a manner 24 onsistent with other urban areas, staff recommends an amendment to the City's zoning code 25 o amend certain sections of the Land Development Regulations to provide for minimum 26 arking requirements applicable specifically in the Mixed Use - High Intensity (MU-H) 27 . strict, the Central Business District (CBD), and areas located downtown; and 28 'WHEREAS, staff's recommendation is to amend the parking requirements to 29 rovide for a reduction in the amount of parking spaces for mixed use developments in MU- 30 districts and to provide incentives for the rehabi1itation or renovation ("adaptive re-use") of 31 xisting buildings and structures within the CBD and located on property abutting specified 32 ortions of Ocean A venue near the downtown area; and 33 WHEREAS, separate parking standards in the downtown is expected to assist in 34 rban redevelopment efforts, assist in the adaptive re-use and expansion of older structures in 35 he downtown area, and enhance and revitalize the Central Business District (CBD) and 36 cean A venue downtown corridor; and :\CA\Ordinances\LDR Changes\Parking Requirements (Urban)1.doc 1 WHEREAS, upon recommendation of staff, the City Commission of the City of 2 oynton Beach has deemed it to be in the best interests of the citizens and residents of the 3 ity of Boynton Beach to amend the City's Land Development Regulations in this manner; 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section l. The foregoing whereas clauses are true and correct and are now ratified 7 nd confinned by the City Commission. 8 Section 2. That Chapter 2, "Zoning," Section 11, "Supplemental Regulations," 9 ubsection H, "Provision of Off-Street Parking Spaces" is hereby amended by adding the 10 ords and figures in underlined type and by deleting the words and figures in struck-through 11 ype, as follows: 12 H. PROVISION OF OFF-STREET PARKING SPACES. 13 14 16. Except as provided in Subsection 1.(4) below, there shan be provided, 15 at the time of the erection of any structure or establishment of any use, a number of 16 off-street parking spaces in accordance with the foIIowing minimum requirements, 17 and subject to paragraphs 1 through 15 of this subsection. Where a structure or use is 18 enlarged or increased in capacity by any means, including a change in building 19 occupancy which requires the provision of additional parking spaces, or a change in 20 use to or structure which requires additional parking spaces, the minimum number of 21 parking spaces shall be computed by applying these requirements to the entire 22 structure or use. 23 24 a. DweIIings, lodging and other buildings for habitation: 25 26 ... 27 28 h. Downtown parking reQuirements: 29 30 (1) For purposes of this subsection, the foIIowing definitions shall be 31 applicable: 32 33 1. Mixed-use develovment means a combination of two or more 34 uses on a single parcel, tract, or development pod. In the 35 Mixed Use - High Intensity (MU-H) district, a mixed use 36 development is limited to a structure or series of structures 37 containing retail, office, and residential uses, arranged 38 vertically. 39 40 u. Parkin!! structure means a structure or portion thereof 41 composed of one or more levels of floors used for the parking :\CA \Ordinances\LDR Changes\Parking Requirements (Urban) 1.doc I: I of motor vehicles. A parking structure may be fully below 2 grade or either partiany or funy above grade with floors or 3 levels being either open or enclosed 4 5 Ill. Tandem parkin!! means the placement of parking spaces one 6 behind the other, so that the space nearest the driveway, aisle, 7 or street access serves as the only means of access to the other 8 space, 9 10 IV. Wrapped parkin!! structure means a parking structure that is II enveloped with habitable or leaseable space to disguise the 12 actual function of the structure. A fully wrapped parking 13 structure is one in which the garage component, other than the 14 access drive, cannot be seen from any elevation. A partially 15 wrapped parking structure IS one III which the garage 16 component extends above the habitable or leaseable space and 17 can be seen from one or more elevations. 18 19 (2) For parcels of land zoned Mixed Use - High Intensity (MU-H), the 20 following minimum parking requirements shall be applicable to mixed 21 use developments: 22 23 I. Residential dwelling units: 1.33 parking spaces for each one (1) 24 bedroom unit and 1.66 parking spaces for each two (2) or more 25 bedroom unit 26 27 11. Hotel: One (1) parking space for each hotel unit 28 29 111. Non-residential: For the non-residential compOnents of a mixed 30 use proiect, parking shall be calculated at a minimum of one 31 (1) parking space for each 200 square feet of gross leaseable 32 floor area. 33 34 IV. Tandem parking shall be pennitted subiect to all of the 35 following guidelines and requirements: 36 37 (A) The tandem parking is for residential and valet purposes 38 only, and may not be utilized for more than 25% of the 39 required parking 40 41 Œ) The parking structure must be a partially or fully 42 wrapped parking structure. 43 44 (C) If located on surface {>arking, the perimeter buffer or 45 interior lot landscaping requirements shall be improved 46 by a minimum of fifty (50%) percent. :\CA\Ordinances\LDR Changes\Parking Requirements (Urban)1.doc 1 2 3 (3) For parcels of land within the Central Business District (CBD) or 4 subsequent zoning districts established to supplement or replace the 5 CBD, and any parcel or parcels of land assembled by unity of title 6 that front on that segment of Ocean A venue extending west from the 7 CBD to Seacrest Boulevard, no additional parking shall be required 8 where: 9 , 10 (i) the structure is enlarged in a manner not exceeding 100% of 11 the gross floor area: or 12 13 (ii) the capacity of the structure is increased by adding dwelling 14 units, floor area, or seats: or 15 16 (iii) the use of a structure is changed. 17 18 The following uses are exempt from the provisions of subsection (3) 19 and shall be otherwise required to satisfy the parking requirements of 20 section 11.H of this chapter: 21 22 (i) Multi-family residential uses and structures. 23 (in Churches, temples, and other places of worship. 24 (iii) Theaters, auditoriums, meeting halls, and other places of 25 assembly. 26 (iv) Clubs, lodges, and fraternal organizations. 27 28 Section 3. Each and every other provision of the Land Development Regulations 29 ot herein specifically amended, shall remain in full force and effect as originally adopted. 30 Section 4. An laws and ordinances applying to the City of Boynton Beach in 31 onflict with any provisions of this ordinance are hereby repealed. 32 Section 5. Should any section or provision of this Ordinance or any portion 33 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 34 feet the remainder of this Ordinance. 35 Section 6. Authority is hereby given to codify this Ordinance. 36 Section 7. This Ordinance shall become effective immediately. 37 FIRST READING this _ day of August, 2004. 38 :\CA\Ordinances\LDR Changes\Parking Requirements (Urban)1.doc ! 1 SECOND, FINAL READING AND PASSAGE this _ day of September, 2004. 2 I 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 II 9 I 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 TrEST: 21 22 23 ity Clerk 24 25 26 27 :\CA\Ordinances\lDR Changes\Parking Requirements (Urban)1.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO.PZ 04-162 TO: Chair and Members Community Redevelopment Agency .:OM: Michael Rump¡t'\ ~~ Planning and Zoning Director DATE: July 6, 2004 SUBJECT: CODE REVIEW (Urban Parking Regulations) (CDRV 04-007) NATURE OF REQUEST & SUMMARY Michael Weiner of Weiner & Aronson is requesting a code review of existing City parking regulations as they relate to downtown projects. Staff has been contemplating various amendments to the City's parking regulations intended, in part. to create separate standards for parking in the downtown, more In line with the codes of other cities facilitating urban redevelopment, and in part to assist with the adaptive re-use and expansion of older structures in the downtown, in an effort to enhance and revitalize the Central Business District (CBD). The request on the part of Mr. Weiner appears timely, considering Internal discussions at the staff level, and warrants further exploration and discussion. Staff concludes the amendments to the parking code for reduction In the amount of required spaces for residential units, hotel units, and non- residential uses within mlxed-use projects and the Incentives for adaptive re-use of some of the older building stock (outlined In. Items 1 - 4 below) are logical steps and valuable tools In the redevelopment of downtown. Therefore, Staff recommends amendments 1 - 4 to the parking code be approved with staff comments and conditions. ~"'CKGROUND .-ent parking regulations are found within the land Development Regulations, Chapter 2, Section 11H. Said regulations have been in place for many years and establish minimum parking requirements relative to various uses. Like many of the older codes in South Florida, these regulations were based upon a car dependant, suburban lifestyle. The current trend in an ever-increasing urban South Florida, is to create a parking code reflective of the urban lifestyle associated with redeveloping downtowns. With the Implementation of mixed-use developments where individuals can live, work and play within a consolidated project or within walking distance to various amenities such as dining, shopping and employment centers, the heavy reliance upon the automobile has been greatly reduced. Added to the fact mass transit has improved In many downtowns, Boynton included, with the interconnectivity between the Palm Tran bus service and Tri Rail, our Shopper Hopper service and the proposed bus/trolley system planned for the CRA, the absolute need for each and every resident or visitor to the downtown to own a vehicle is diminished. Also, the typical occupants of an urban mixed-use development do not have two kids living at home,. of driving age, and with cars of their own, as is commonplace ir) our suburban subdivisions. While there are working couples with two vehicles, there are also retired couples with only one car, who buy a two bedroom unit to accommodate friends or relatives when they come to visit. There Is the single Individual who purchases a two bedroom unit In order to have a home office. The demand for two (2) parking spaces for all units containing two (2) or more bedrooms and 1.5 spaces for one bedroom units (current Boynton code) is just not the same in an urban mixed-use setting as it is in suburbia. Although not a part of the request from the applicant, staff undertook a review of non-resldential uses within a mixed-use project, and found much of the same logic imparted above applies. Living In a mixed-use project or downtown decreases the need to drive an automobile to accomplish every task. An Individual could walk or bike to convenience shopping, dine out or access services, Ie. bank, dry cleaners, travel agency, salon, etc. ThFt Internal capture of those pedestrian trips slightly reduces the need for excessive parking requirements t. ally found at shopping centers and malls that are not located within reasonable walking distance to clustered residential. Current City codes require 1 parking space for each 200 square feet of retail, 1 for each 300 square feet of office. 1 for each 100 square feet of restaurant and 1.25 for each hotel room. Shopping Page 2 Memorandum No. PZ 04-162 Urban Parking Regulations centers, which can have a mix of retail, office and restaurant, may be calculated at 1 parking space for eact 200 square feet of gross leasable floor area, under current City regulations. Additionally, as part of staffs overall review of parking in urban areas, and looking at the adaptive re-use and expansion of some of the older building stock in the Central Business District (CBD). a reconsideration of parking requirements may be warranted based upon city-owned public parking, transit possibilities and higher density residential being constructed within the immediate vicinity, once again reducing potential demand for additional on-site parking. ANALYSIS The applicant, Michael Weiner of Weiner & Aronson, has submitted suggested amendments to our existing parking regulations and a comparative analysis of parking rates being utilized in downtowns and city centers In Palm Beach, Broward and Dade counties. The proposed amendments are listed and described In Exhibit "A". The Comparative Analysis is attached as Exhibit "B". For comparative purposes, the current parking code has been included within Exhibit C. Noteworthy features of the amendments proposed by the applicant are described as follows: 1) Provide for an exception to standard parking calculations for the Mixed-Use High (MU-H) zoning district, which would reduce the parking requirement in Multi-family residential projects for studio or 1 bedroom unit from 1.5 parking spaces to 1.33 for each such unit. Reduce the requirement for 2+ bedroom units from 2 parking spaces to 1.66 for each unit. Reduce the parking requirement for Hotel from 1.25 parking spaces per each bedroom to 1.0 parking space for each unit; and 2) Allow for up to 25% of the required number of parking spaces to be provided in tandem configuration. Staff has reviewed the comparative analysis provided by the applicant, which details the Urban Parking Codes within four (4) downtowns or City Center Districts, including Boynton Beach (Exhibit B). A quick comparison depicts the Boynton Beach regulations as requiring the highest amount of parking for residential uses. As .stated earlier, our current code does not differentiate between urban and suburban projects. Boynton Beach requires 1.5 spaces for a 1 BR unit, West Palm Beach 1.25, Plantation 1.33, and Kendall 1.0. For a 2+ BR unit, Boynton Beach requires 2 spaces, West Palm Beach 1.5, Plantation 1.66, and Kendall 1.0. The applicant has suggested the City adopt the 1.33 parking spaces for each 1 BR unit and 1.66 for each 2+ BR unit. Staff agrees that our code should differentiate between urban and suburban parking calculations to assist in the revitalization of the downtown. The $uggested 1.33 and 1.66 figures would appear to provide the necessary parking (minor reduction over our current regulations). However staff would condition that amendment to be applicable only to those Mixed-Use projects in the downtown, In an effort to encourage mixed-use projects and since the overlap of the various uses within a Mixed-Use project typically have different peak parking needs and provide for more Intemal capture of patrons already on the premises, thereby reducing the need for vehicular trips and attendant parking spaces. Hotel parking Is currently based upon 1.25 parking spaces for each bedroom within the hotel unit. Within a Mixed-Use project, a parking ratio of 1 space for each hotel unit would appear to make sense. Figuring that seldom does a hotel guest or guests in a single room have more than one car and taking into account a standard vacancy factor, this should still provide adequate parking for hotel guests and staff. The request to consider allowing up to 25% of the required parking spaces to be provided in tandem parking configuration appears logical In an effort to maximize parking and efficiency In site design. Staff would recommend the adoption of such regulations, with the following conditions: 1) only up to 25% of the required parking, 2) this regulation be allowed within parking structures that are partially or entirely wrapped with other uses. 3) this regulation be allowed for residential and valet uses only. and 4) may only be utilized outside of a parking structure If for residential and/or valet uses and only If the utilization of tandem parking results In the minimum perimeter buffer or Interior landscaping requirements being Improved by at least 50%. Page 3 Memorandum No. PZ 04-162 Urban Parking Regulations Additionally, Staff is recommending companion modifications to an Urban Parking Code, separate and apart from those proposed by the applicant, as detailed in Items 3 and 4 below: 3) Mixed-Use projects, for all the reasons stated above involving their operational characteristics, warrant consideration of parking reductions for those type of retail, office and restaurant uses associated with residential projects. Shopping centers, which can have a mix of retail, office and restaurant uses, may be calculated at 1 parking space for each 200 square feet of gross leasable floor area, under current City regulations. The same consideration should be made for Mixed-Use projects that are predominantly residential in nature; and 4) In an effort to assist in the adaptive re-use and expansion of existing structures in the Central Business District (CBD), Staff is recommending that off-street parking facilities (or additional spaces) should not be required, when an existing building is enlarged by up to one hundred (100) percent of the square footage of the existing structure or increased in capacity by adding dwelling units, floor area or seats, or where the use of a given structure is changed, provided such building or structure is located within the CBD or subsequent zoning districts establishe~ to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard. Exempted from utilization of this provision are existing multi-family uses and structures and places of assembly {ie. auditoriums, meeting rooms, places of worship, and clubs, lodges and fraternal organizations}, which ten~ to be parking intensive uses. . __COMMENDATION Staff recommends that the proposed amendments to Chapter 2, Section 11 H of the City's Land Development Regulations, as described above in items 1 - 4 and containing staff conditions, be approved. Attachments .J:\SHRDATA\Plannlna\SHARED\WP\PROJECTS\CODE REVlEW\Urban Parklna Reaulatlons\UrlJan Parklna Reaulatlons-5taff Report .doc --;.. -..--..--..- . '" .-.'-- - -. . -- ,... 1 --. --.- 'W........~ .. , ..., EXHIBIT itA" Pronosed Boynton ßeach Code Amendment for Q!:,ban ParkinK Standard Chapter 2 ZONING · . . See. 6 Commercial district regnlatioDs and use provisions · . . F. MIXED USE ZONING DISTRICTS · . . 9. Parking Requirements. Parking requirements for both the MU-H and MU- L zoning districts shall be as set forth by Chapter 2, Section I1H, of the Land Development Code~ excepf that the following rates shall supersede the requirements of Ch§Pter 2. Section 11H for mixed use projects in the MU-H zoning district as folJows: Use Parkinf! Standard Multifamily Residential Studio or t bedroom J .33 spaces per unit 2+ bedrooms 1.66 spaces per unit Hotel 1.0 ~aoe per key · note.: '@ to 2S % of the rfÃlwred numbeT of ~s can be provided in a tandem confimmdioo. A tandem parldn2 ~aœ it defined as two (7) parldnR ~acéS ~ith one (I) space abutti1\g behind fhe other. Chapter 2. Section 111, shall apply only to the MU-H zoning district. · . . . . EXHIBIT "1\" . J~fi~tiºn for AJtemative Parking StlU1dard The Applicant is requesting tha~ the City amend tþe City Code of Ordinances to provide an alternative parking standard. for residential and botel uses. that are within urban mixed use projects in the Mixed µse - High zoning district. The Mixed Use - High zoning district is intended to encourage high density mixed use development in the urban core of the City. The City land development regulation$ ourrently provide a parking standard for .~ multifamily residential and, hotel uses that is standard throughout the City but is more represen:tative of the parking ratios characteristic of suburban projects. With an increased focus on the redevelopment of urban cores with integrated mixed use projectsa it has become apparent that ~e tiaditiona1 suburban parking standards are no longer appropriate. for the urban mixed use form of development. The concept of successful utbft11 mixed use development entails the creation Qf livable communities that incorporate a pedestrian friendly design au4 enco~e transit use. Planning literature indicates that the successful implementation of this concept has been hindered in many places by the application of generic minimwn parking ~gu1ations that over emphasize parking' areas resulting in the underotiUzatìon of land space to the detriment of the project and the transit and pedestrian oriented objectives sought to be achieved. Moreover. because of the mixed 'US nature of such projects, the opportunity to share spaces is present unlike suburban developments. The" typical municipal code minimum parking standard is based upon methodology that oalculates the anticipated vehicle trips generated by a proposed use in the context of trip generation rates in suburban peak periods with ample free parking and with no consideration towards public transit .captured trips or mixed use. Planning ~demios have become increasing vooaI against ~s methodology as applied to the mixed-use projects expressing that in its simplicity it docs not address other notable factors that affect parking. They find that tnúlic analyses are statistically unreliable when applied to mixed use developments in that they do not account fOT access to transit, neighborhood density and demographic factors like income I.\nd ago that effect vehicle ownership. Other Florlda. counties and municipalities that haye 'come to understand that urban parking standards should appropriatély differ fiom suburban standards include the City of West Palm Beaoh. the City of Plantation and Miami-Dade County. Attached is a ta.ble that reflects the parking standards in the recently adopted mixed use urban aistricts of those jurisdictions. The alternative påttdng standard for multifaInily residential and hotel proposed by the Applicant for the City ofBoýn.ton~s MiKed Use - Hiøh dis.trict is in fact the same as the rate adopted by tbè City of Plantation for. its mixed use Plantation Midtown District last mon1h. Note) howcvera that the Applicant is not propolìing any change in the applicable retail or restaurant parking standards. : i . , . - - ~- - ~ , . I EXHIBIT "B" ~ ø I I) I .J. ~ .t! I. L a~§ ~ ë w ~ ~&ðJ ~~~ ~ ~ $~ ~ ~ 8 ~ ~C15 ~ . '~ .~ .~ t' . ~ § ~ ~ ~ ~~~o ~ __ ~ ~ _ ~ ~~8 ~~ ~ ~o i:§.2iO ......- 0 -4R ~ g oe Ð ~ æ ¡ I! I ¡S.. ~~. ~ ~ ~ tI ~ ..... . GO ~ ~~_ ~~~ ~ ~ ~o ~ . ~ ~_~ ~~~ ~ ~ ~~ œ ~ ~ ~ :< t:\ ~"""... ~ w b; 0 .~ .§ . 0 ~ ~ ~ ~o Q j ON ~ \ð g 8 8 ~ ~! ~~ 0 ~- o . . . -..;C) ~ ~u -~ - -- It'> ~ ~"i I Ð 8! = ~-5u'e &- ä. !!- ~ i I!I:I "Ø cr' rt'I _ ~ U'J 110· <= ~ ~~uo~ ~~~ m ~ ~Q ~ ~ ~ p_ ~ -~~ ~ ~ ~M.~ ~ ~ u ~ I dOÇ. tl:I. ~ ¡;;.o ... +fIJ R ~fIJ ~ü . ...... >.t' ~ <l5Q ': 'fj - ] '§ ~ ~ oS Q g ¡¡ ø £ tI'\ _ ~ t(') g. 0 r-'I ~ti~ ~~ ~-~~ ~õ ?~~ -- -~~Ð -- ~~ ~ p, III :s = 1 ¡ Ð ¡ ~ .s .l::f .... 0. f! ª . C4 ' ~ E--~ ~ = iiiQ ~ . MI I;Q 6 Cd "Ø 'f\ 'O:t eI\ fit = "" 0 t ~~ðl ~~~ ~ ~ ~~ =~. ¡ ~ . ~ '+4 N. . ~ c S .... .... n rn 10 III -= ..... ~ ';=:I .... ~ Q 0 ts ~ =..(:IC) E ~ OQ I ~ti~~ -~ ~ o~ ~ ~~8~ ~~ ~ ~2~ II e . . ~ r..; ~ .~ g, IS i>. :S .æ u) 4J ~ If13 ~ 'I .;~ ~ j j ~ª ~ c ø~. .~ r::r g¡:¡:; t'8 S .~,.¡' ~ iS~j~ ~ I ~ ~ t ! !. J! ~BI Uhí ð J~~~!!~ ~ ¡! ! ~~s UBi ..... .. f'\ .... tt\ EXHIBIT "C" . Zoning 61 F. SCREEN ENCLOSURES. All screen 3. A certificate of occupancy for a e~closures (screen waDs and screen root) shaD comply structure or premises. shall not be issued until the with bunding side yard setback. No screen enclosure required parking area has been inspected and approved shall be consttUcted closer than eight (8) feet from by the development director or his designee. rear property line and no screen enclosure sball be constructed in front of the building line. On comer 4. Residential driveways sball satisfy the lots, property bordering both streets shall be parldng space requirements for single-family detached considered as front yards. dwelling units, duplexes, and multifamily dwelling units containing garages. provided such driveways are G. TOWN HOUSE. All town house of sufficiei1t size to meet . theparJdng space developments shall conform to the district zoning and requirements of this subsection. shall meet the following minimum requirements: No fewer than four (4) parking spaces S. 1. Each town house shall hav~ its own lot shall be provided for any nonresidential use. area, each yard private and reasonably secluded from . view of streets" or neighboring property. 6. Stabilized sod may be substituted for up to fifty (SO) per cent of the required parking spaces, 2. Each town house shall have a direct . where eighty (SO) per cent or more of the parking automotive access from the off-street parking space to demand falls within a twent)'~four-hour period each a public street. week. Sod may be substituted. only fot the area of parking stalls. All driveways, aisles, and 3. :A1l outdoor, rear yard areas used for maneuvering areas shalt bê hari1.;surfa~ imd shall . .. . drying of clo~es shàn be ~reened from view from conform "to·· the design· requIte~,Cqntlûned. in the street and from adjoining yards and.1ots. ,Chapter. 2.3 9f.the:,J~Jty of Ð{)yD.tOD . BeaCh 1..aD.d Development Regulations; Sod parking stalls shall 4. Parking space shall be provided for as have a base consisting of not less than eight (8) inches 'by Section ll-H. of stabiliZed shell rock, lime rock, or sand, or an I H. PROVISION OF OFF-STREET PARKING I equivalent material as approved by the developmen.t director. Sod parking areas shall have dimensions equivalent to the dimensions of paved parldng areas SPACES. with ninety (90) degree parking stalls and two-way 1. All off-street parking areas shall traffic in aisles, as specified in Chapter 23 of Ihe City conform to the design and layout requirements of of Boynton Beach Land Development Regulations. Chapter 23 of the City of Boynton Beach Land Development Regulations, and shaD be approved 7. Parking space requirements shall be according to the procedures contained therein. computed on the basis of the principal use of a structure or lot, and using gross floor area unless 2. For all required residential district stated otherwise in paragraph 16 of this subsection. - parking spaces not within an enclosed garage, the ftrst Gross floor area, for the purposes of this subsection, parking space shan be the minimum of the current city shall include the floor area occupied by the principal standard for a handicap space exclusive of public or use, plus the floor area occupied by an accessory private right-of-way. All other spaces where multiple vehicle parking is required shall be provided in accordance with current city standards exclusive of public or private right-of-way. All spaces, regardless of size. must comply with all provisions of the Land Development Regulations, and shall be maintained and drained so as to prevent nuisance or danger to the public and/or adjacent property owners. 2003 5-20 62 Boynton Beach Code uses, including storage rooms, maintenance and season parking demand based on statistical data mechanical rooms, offices, lounges, restrooms, furnished by the Urban Land Institute or an equivalent lobbies, basements, mezzanines, and hallways. traffic engineering or land planning and: design organization. Quantitative evidence may also include, 8. Where several principal uses exist in where appropriate, field studies and traffic counts one structure or on one lot, parking space preþared by a traffic consultaDt experienced in the requirements shall be computed separately for each preparation ofparldng studies. In addition, a principal use, unless stated otherwise in paragraph 16 minimum buffer of ten (10) percent shall be provided of this subsection. Where parking spaces are required to ensure that a sufficient number of parking spaces In paragraph 16 for each of several principal uses that are avaßable at the peak bour/peak season of parking commonly occur together, this is done for the purpose demand. Calculation of said buffer shall be based on of clarification only, and shall not limit the application the total number of parking spaces detërmined to be of the requirement contained in this paragraph. required at the ~ak hour/peak season of parking demand. Evidence for joint allocation of required 9. A use sball be considered a principal paÌ'lcing space shaU be submitted· to the technical use, for the purposes of this subsection, if it could review board, and approval of joint allocation of exist separately from all other uses in the same required parking spaces sball be made by the City structure or on the same lot. and would by itself Commission, after review and recommendations by generate significant parking demand. the plamiing and development board. . 10. Where a use is located in a shopping 14~ Where the number·of required parking eelÌter, office building. or office-retaß co~lex, the spaces as computed includes a fractio:D, the number of partiDg space requirement for the shopping center. teqi.ûred parking sp>,œs shall &ethe computed number Gffice 6Ui1ding. or office-re1aß complex in which it is ~ ',-.-~.._,~ ~,. . . rounded to the neithighest whole number. located shall apply; except that where a theater is located in a shopping center the parking space 15. There shall be provided off-street requirement for theaters shall apply for the seating or handicapped parking spaces consistent with Chapter gross floor area of the theater. 23, Article n.K of the Boynton Beach Land Development Regulations at the time of the erection of 11. Where several principal uses exist in any structure or the enlargement of any structure. one building or part of a building, and the floor area of each principal use cannot be clearly delineated, the 16. Except as provided in Subsection 1.(4) parking space requirement for the use requiring the below, there shall be provided, at the time of the greatest number of parking spaces shall apply. erection of any structure or establishment of any use, a number of off-street parking spaces in accordance 12. Where a use is not listed below, parking with the following minimum requirements, and subject space requirements shall be determined by the City to paragraphs 1 through 15 of this subsection. Where Commission after review and recori1I11endation by the a structure. or use is enlarged or increa,sed in capacity planning and development board. by any means. including a change in bunding occupancy whicb requires the provision of additional 13. Parking spaces required in this parking spaces, or a change in use to or e which ordinance for one use or structure may be allocated in requires additional parking spaces, the minimum part or in whole for the required parking spaces of number of parking spaces sball be computed by another use or structure if quantitative evidence is applyhlg these requirements to the entire structure or provided showing that parking demand for the use. different uses or structures would occur on different days of the week or at different hours. Quantitative a. DweUings, lodging and other evidence shall include estimates for peak hour/peak bundings for habitation: 2.0018-16 Zoning 63 (1) Single-famlly and duplex c. Government, institutional, and dwellings: Two (2) parking spaces per dwelling unit. educational uses: (2) Two or more bêdroom (1) Government and 8ovemment- apartments: Two (2) parking spaces per dwelling unit. owned or -operated uses: Parking requirements for like or similar uses in the private sector shall apply. (3) One-bedroom and efficiency apartments: One arid one half (1.5) parking. spaces per (2) Community centers: One (1) dwelling unit for each efficiency and/()r one-bedroom parking space per one hundred (100) square feet of apartment. gross floor area. (4) Donnitories: One (1) parking (3) Libraries and museums: One space per rooming unit. (1) parkini space Per three hundred (300) square feet of gros~ floor area. (5) Rooming and boarding . houses: One (1) parking space per rooming unit. (4) Day care centers and n1U$cry schools: One (1) parking space per three hundred (6) Hotels, apartment hotels, (300) square feet of gross. floor area, plus adequate motels. apartment motels, and dIne-sharing hoteJs and provision for a convenient drop-off area adjacent to motels: One and one-quarter (1.25) parking spaces per the building providing unobstructed ingress and bedroom. egress. (7) Hospitals: Two and one-balf (5) Elementary and junior high (2.5) parking spaces· per bed. schools: One (1) parking space per five hundred (500) square feet of cl~sroom floor area, including floor (8) Nursing homes, convalescent area of shops. homes, and sanitariwns: One (1) parking space per three (3) beds. (6) Secondary schools and high sChools: One (1) parking space per one ~undred (100) b. Assembly: square feet of classroom ,floor ar~, plus one {l) parking space per two hundred (200) &qÛare feet of (1). Churches. temples, and 9ther floor area occupied by shops. places of worshiP: One (1) parking space ·per four (4) s~ts in the àuditorium, but not less than one (1) (7) Colleges. . 'universities.. parking space per one hundred (100) square feet of seli1inaries, and technical or vOcational schools: One gross floor area fot the auditorium, plus requìrèd (I) parking: ipaceper fifty (SO) sqUare feet of 'parking spaces for any Other principal UseS, including c~sroöm ~, plus one (1) ·Pa.rldn8 space per two offices, classrooms, meeting rooms, recreation hun~ed (200) square feet of floor. area :oceupied by facilities and dwellings'. laboratories or shops. plus required spåce for any other principal uses, . including offices,· libraries, . . (2). ,Theaiers, auditóriums. auditoIiums, Ind recreation facilities. JIleeiing rooms, and otherplaees ôfassembly: .One (1) parking space per four (4) seats, but riot leis thai10ne (8) Specia1i%ed instniçdòn. (1) parking space per one hundred (109) square feet o.f including dance. art, and self-defense- instmction:·One gross fJoOrarea. (1) paddng space per two hundred (200) s~e feet of gross floor·area. . (3) Clubs, lodges arid frate~ organizations: One (1) parkilig·space pèr one hundred d. Retail serviœs, restaurants,· and (l00)sq\l81'e feet of 8ròss· floor area. offices: 2001 8-16 , - 64 ' Boynton Beach Code (1) ,Restaurants, bars. cocktail of paved or unpaved outdoor area used for the storage lounges. dance halls, and all other eating or drii1Idng or display of goods for sale or for rent. C$tablisbments: One (1) parking space per two and one-half (2.5) seats. but not less than one (1) parking (11) Boat sales or rental: One (1) space per one hundred (100) square feet of gross floor parking space per five hundred (500) square feet of area. gross floor area, plus one (1) parking space per ten thousand (lO.QOO) square feet of paved or unpaved (2) Shopping centers: One (1) outdoor area used for the storage or display of boats parking space per two hundred (200) square feet of for sale or for rent. ' gross leasable floor area. (12) Retail establishments not listed (3) Office-retail complexes: One elsewhere:. One (1) parking space per two hundred (1) parking space per two hundred (200) square feet of (200) square feet of gross floor area. gross leasable floor area. (13) Personal. professional. and (4) Retall gasoline sales, retail business services not listed elsewhere. including automotive parts and/or accessories sales, and testing, repairing, and servjcing: One (1) parking automotive repairs, including major repairs, but space per three hundred (300) square feet of gross excluding automotive paint and body shops: One (1) floor area. parking space per two hundred fifty (250) square feet of gross floor area. (14) Laundromats or dry-cleaning pick-up stations, and laundry or dry-cleaning plants (5) Bakeries: One (1) parking located in commercial zones: One (1) parking space space per two hundred (200) square feet of gross floor per two hundred fifty (250) square feet of gross floor area. area (for. laundry or dry~leaning plants located in industrial or PID zones. see (f)(3)). (6) Florists and retail sales floor area of greenhouses: One (1) parking'space per two (15) Printing, engraving, or hundred (200) square feet of gross floor area, publishing located in commercial zones: One (1) parking space per three hundred (300) square feet of (7) Grocery' stores and food . gross floor area (for printing. ~ngraving. or publishing stores: One (1) parking space per two hundred (200) located in industrial or PID zones. see (f)(4». square feet of gross floor area. (16) Funeral ~omes: One (1) (8) Auto.mobile. . truck, parking spaCe per two hundred (200) square feet of motorcycle. trailer. and recreation vehiclewes or gross floor area. rental: One (1) parking space per five·hundred (500) Square feet of gross floor area,. plus required parking (17) Kennels and animal hospitals: spaces for outdoor storage ()r display of goodS for sale One (1) parking sPace per three huildred (300) square ot for rent. feet of gross floor area. including area of outdoor kennels. (9) SJi1al1 cqµipment and tool renta} establishments: One (1) parking Space per two (18) Financial institutio11$' and hundred' fifty (250) squ~re' feet of gross floor area. services: One (1) parking space per two hundred fifty plils required parking spaces for outdoor sto{age or (250) square fe~ of gross floor area. display of goods for sale or for rent. (19) Medical and dental Cliniès. (10) Outdoor storage or display of offices. and office buDdings: One (1) parlcingspace goods for sale or for rent.~except . boats: One (1) per two hundred (200) square feet of gross floor area. parking space per five thousand (5.000) square feet . , Zoning 65 (20) Offices and office buildings (7) Bowling. alleys: One (1) Dot listed elsewhere: One (1) parking space per three parking space per two þundred fifty (250) square feet hundred (300) square feet of gross floor area. of gross floor area, including floor area of all adjoining . uses, including restaurants, bars, pool (21) Art, craft, graphics, and rooms, and amusements. photographic studios: One (1) parking space per three hundred (300) square feet of gross floor area. (8) G~iums and health centers: One (1) parking space per three hundred (300) (22) Beauty and barber services: square feet of gross floor area. Parking space One (1) parking space per one bundred (100) square requirements may be computed separately for floor feet of gross floor area. area oCcupied by athletic courts, swimming pools, or other principal uses for which parldng space (23) Funûture stores: One (1) requirements are listed in this ordinance. parking space per five hundred (500) square feet of gross floor area. (9) Arcades, pool halls. and other indoor amusement places not listed èlsewbere: One (1) (24) Automotive paint and body parkiilg space per One hùndred (100) square feet of shops: One (1) parking·spaèe for every three hundred gross floor area. (300) square feet of gross floor .area. In addition, each overbead door and interior spray booth may be (10) Marinas: One (1) parking counted toward a parking space, provided there is a space per boat slip, plus required parking spaces for minimum area, the size of a standard parking space, any other principal uses, including hotels and motels, between an overhead· door and an interior spray restaurants,retail floor area, charter boats, sightseeing booth. However, in no case sha111ess than four (4) boats, drift fishing boats, and outdoor lots occupied by outside parking spaces be provided. boats for sale or for rent. e. Recreation and amusement: (11) Charter, drift fishing, and sightseeing boats: One (1) parking space per three (3) (1) Swimming pools: One (1) seats on each boat, but no fewer than two (2) parking parking space per thirty (30) square feet of water area. spaces pet boat. (2) Ice skating and roller skating (12) Condominium and housing . rinks: One (1) parking space per one hundred (100) devel~ment recreation buildings: A mix of five square feet .of rink area. parking spaces, plus one (1) additionai space per 300 square "feet of groSs floor area of offièe use for leasing (3) Indoor.¡~thletic courts: One (1) or management purposes lOCated in recreation parking spa~ per one thousand eight hundred (1,800) buildings or ~parate structures (handi~pped spaces square feet of gross floor area. should be pursuant to ADA requirements). ~ (4) Outdoor athletic courts: One f. Industrial, research and (1) parking space per one thousand five hundred development, trades, wholesale, and warehouses: (1,500) square feet of court area and adjoining paved area. (1) Manufacturing and .mdustrial uses not listed elsewhere: One ( 1 ) parking space per (5) Golf courses: Eight (8) two (2) emplöyeest but ,not· less than øne (1) p~rking parking spaces per hole. space per five hundred (500) Squate feet of gross floor area.; plus required ¡)arldng spaces for any -other (6) Miniature golf courses: One principal uses, including office or retail floor area. (1) parking space per five hundred (500) square feet. of lot area occupied by the· playing area. 2000 8·14 66 Boynton Beach Code (2) Utility plants: One (1) (9) Laboratories and research parking space per two (2) employees, but not less and development: One (1) parking space per three than one (1) 'parking space per five hundred (500) hundred (300) square feet of gross floor area. square feet of gross floor area; plus req1.lired parking spaces for any other principal uses, including office g. Miscellaneous uses: floor area. (1) Taxi offices and bus stations: (3) Laundry or dry-cleaning One (1) parking space per one hundred (100) square plants located in industrial or PID zones: One (1) feet of gross floor area. parking space per five hundred (500) square feet of gross fl~r area (for laundromats, laundry or (2) Communications facilities, dryeleaning pick-up stations, and laundry or including broadcasting facilities and telephone drycleaning plants located in commercial zones, see exchanges: One (1) parking space per one thousand (d) (14». two hundred (1,200) square feet of gross floor area, plus required parking spaces for any floor area (4) Printing, engraving, or occupied by offices. publishing located in industrial or PID zones: One (1) parking space per two (2) employees, but not less (3) Greenhouses: One (1) than one (1) parking space per five hundred (500) parking space per two thousand (2,000) square feet square feet of gross floor area (for printing, of gross floor area, plus required parking spaces for engraving or publishing located in commercial any retail floor area. zones, see (d) (15». I. LOCATION OF OFF-STREEf PARKING (5) Warehouses and other indoor SPACES. stor$ge facilities, warehouse-industrial comple~es: 1. Required parking spaces for all One (1) parking space per eight hundred (800) 'square feet of gross floor area, but not less than two dwellings shall be located on the same lot as the (2). parking spaces per rental unit of five hundred dwelling to be served. (500) square feet of gross floor area or greater; plus required parking spaces for any other principal uses, 2. Required parking spaces for all other including retail and office floor area. Parking for uses shall be owned by the owner of the building or mu1ti-~ccess ·facilities shall be provided at a rate of 1 space per 200 storage bays plus 1 space per 300 feet . of office space and· 2 security spaces. Parking for limited access facilities Shall be provided at a ·rate of 1- space per 75 storage units, plus 1 space per 300 feet ~f.()ffice space and 2 security spaces. (6) Wholesale eStabliShments an~ distributing: One (1) parkþ1g space per eight hundred (800) square feet of gross floor' area. (7) Moving and storage operations: One (1) par~ space per eight hundred (800) square feet of gross floor.area. (8) Truck te~s and transfer stations: One (1) p~1dng space· per eight hundred (800) square feefof gross floor area. 2000 8-14