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Agenda 08-16-05 The City of B······ .··.·.·'.·.·.·.·.·..··O··F....y.... n..·· ··..·..t·. '0 ·...····,·n·.·.'····· ......,. Br..··.··.·.'··..·..e·.......a'··.·c···,,···.....··...·.··h·.·....·.·..",· ....'...'..... ......" .. '.t '; " \> ,,'< :,; -:': F"""""""""""-"-'" \, '" :( } ", , " " " _.; :, ,'::: ~: ,- ': ., "," 'C'" _ "" .." , _." _.",- .' ¥ -, .. :-. '-, ',_ ~ -0 ,. t I ~r~> ~ j" : _ ~_~ ,~ _~~"~'"""" "" ~" ; 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA August 16, 2005 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Vice Mayor District II Mike Ferguson Commissioner District III Carl McKoy Commissioner District IV DISTRI T I 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 It 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). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA August 16, 2005 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by - Rev. Marshall Cook - Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Vice Mayor McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY It SPECIAL EVENTS, It PRESENTATIONS: A. Announcements: None B. Community and Special Events: 1. Concert at Oceanfront Park on August 19th from 6 p.m.- 9 p.m. featuring the band Memory Lane. C. Presentations: 1. Proclamations: a. Firefighters Appreciation Week - August 28th - September 3, 2005. 1 Agenda Regular Commission Meeting Boynton Beach, FL August 16, 2005 2. Proposed Ordinance No. 05-047 RE: Approving the establishment of a Veteran's Advisory Commission. (1st reading of Proposed Ordinance) 3. Approve the allocation of $5,000 of Community Investment Funds from Commissioner Ensler for design work on a proposed veteran's memorial. In addition, consider appropriating $30,000 to the CIP Fund for construction of a veteran's memorial. 4. Building Colors along Major Roadways (CDRV 05-009) Proposal to amend the Land Development Regulations, Chapters, 4 and 9 to limit building colors, and require the review/approval for changes to building colors for buildings located along Boynton Beach Boulevard, Federal Highway, and Congress Avenue. (Tabled to 8/16/05) IV. PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board EXDiration Date III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(2) IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(2) Mayor Taylor Arts Commission Reg 3 yr term to 4/06 II McCray Cemetery Board Alt 1 yr term to 4/06(2) III Ferguson Code Compliance Board Alt 1 yr term to 4/06(2) IV McKoy Code Compliance Board Reg 3 yr term to 4/07 II McCray Education Advisory Board Alt 1 yr term to 4/06(2) III Ferguson Education Advisory Board Reg 1 yr term to 4/06(2) IV McKoy Education Advisory Board Alt 1 yr term to 4/06(2) Mayor Taylor Education Advisory Board Stu 1 yr term to 4/06 III Ferguson Library Board Alt 1 yr term to 4/06(2) IV McKoy Library Board Alt 1 yr term to 4/06(2) II Ensler Employees' Pension Board Reg 3 yr term to 4/08(2) 2 Agenda Regular Commission Meeting Boynton Beach, FL August 16, 2005 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Budget Workshop - July 12, 2005 2. Commission/CRA Workshop - July 18, 2005 3. Agenda Preview Meeting - July 29, 2005 4. Regular City Commission Meeting -- August 2, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Approve a "piggy-back" of the Northern Palm Beach County Improvement District (NPBCID) Project # 1250 to Shenandoah Construction of Pompano Beach, Florida for Wet Well Maintenance to Master Lift Station #317 located at Boynton Beach Blvd., just west of Congress Avenue with an estimated expenditure of $56,320.00. 2. Approve extension with 5% increase in BID #075-2511-04/KR, "TWO- YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CTIY FACILmES" to Cleaning Systems, Inc. for an estimated expenditure of $224,461.56 for the final year (year four) of the custodial contract. C. Resol utions: 1. Proposed Resolution No. R05-134 RE: Requesting ratification of the action of the South Central Regional Wastewater Treatment & Disposal Board action of July 26, 2005. a. Authorization for the City of Delray to approve an $11,500 Change Order with Chaz Equipment Company to increase our agreement with the City thus increasing the cost for in-plant reuse line from $415,240 + $11,500 to $426,740. This additional $11,500 cost to be split 50/50 from each city's capital fund. b. Authorization to expend $4,265.80 for additional work performed by Widel, Inc., on the reclaimed water improvement project. The additional $4,265.80 cost to be split 50/50 from each city's capital fund. 3 Agenda Regular Commission Meeting Boynton Beach, FL August 16, 2005 c. Authorization to expend $20,000 for Hazen and Sawyer to prepare feasibility studies required by DEP in their letter of July 13, 2005. The $20,000 cost would be split 50/50 from each city's capital fund. d. Authorization for acceptance of 2005/2006 Wastewater and Reclaim 0 & M Budgets and Wastewater Repair and Replacement Expenditures. e. Authorization to establish wastewater user rate to cities for Fiscal Year 2005/2006 as follows: Operations & Maintenance $0.7463/1,000 gal Reserves $0.1800/1.000 gal Total $0.9263/1,000 gal 2. Proposed Resolution No. R05-135 RE: Approving the endorsement of an abandonment application to the Palm Beach County Board of County Commissioners of an unimproved right-of-way located north of Old Boynton Road, west of Nichols Boulevard. (Pandora Avenue). 3. Proposed Resolution No. R05-136 RE: Approving negotiated renewal benefits and premiums for 2005-2006 Health Insurance coverage with Blue Cross/Blue Shield of Florida. 4. Proposed Resolution No. R05-137 RE: Authorizing execution of an agreement to exchange real property along with a quit claim deed on behalf of the City to the Deliverance by Faith Church and to accept a warranty deed from the same church for properties located on NE Martin Luther King Blvd (10th Avenue) in the City of Boynton Beach. D. Ratification of Planning and Development Board Action 1. Children's Services Council (NWSP 05-018) Request for New Site plan approval for construction of a three (3) story, 100,000 square foot office building on a 6.53 acre parcel in the Quantum Park Planned Industrial Development District (PID). 2. Interstate Sign Crafters (Phase III) (NWSP 05-025) Request for New Site Plan approval for construction of a one (1) story 17,384 square foot warehouse building on a 2.533 acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). 4 Agenda Regular Commission Meeting Boynton Beach, FL August 16, 2005 E. Ratification of CRA Action: 1. Arches (HTEX 05-006) Request for a height exception of 17 feet pursuant to the City's land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the elevator shafts and stair towers to be 167 feet in height, a distance of 17 feet above the 150-ffot maximum height allowed in the Mixed Use-High (MU-H) zoning district. 2. Arches (MSPM 05-008) Request major site plan modification approval for the construction of a large scale mixed-use project consisting of 378 dwelling units and 38,500 square feet of retail on ±4.68 acres in the Mixed Use-High (MU-H) zoning district. F. Return cash bond of $12,445.40 to Ross Realty Investments, Inc. for the project known as L.A. Fitness. G. Return cash bond of $139,534.00 to Centex Homes for the project known as The Harbors (Building #12). H. Approve reduction of surety covering the water and sewer systems for the project known as Sterling Records, Phase 2, and refunding that portion of the cash surety in the amount of $41,828.74 to the developer, Sterling Real Estate LLC. 1. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $1,000 to The Service Corps of Retired Executives, known as SCORE. J. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $2,000 for the HeadStart program. K. Accept the written report to the Commission of purchases over $10,000 for the month of July, 2005. VII. CODE COMPLIANCE It LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission None IX. CITY MANAGER'S REPORT: None. s Agenda Regular Commission Meeting Boynton Beach, FL August 16, 2005 X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (8/30/05) B. Interlocal Agreement between the City and CRA - Boynton Beach Promenade extension. (Proposed Resolution No. R05-091) Tabled to 9/20/05 C. Interlocal Agreement between the City and CRA -- Old High School. (9/20/05) D. Agreement for the Boynton Beach-Heart of Boynton Project - Phase I (9/20/05) E. Interlocal agreement between the City and CRA for land acquisition in the Heart of Boynton Beach. (Tabled to 9/20/05)( Proposed Resolution No. R05- 119) F. City Manager's Evaluation (October 2005) G. Notification to residential areas of ordinance changes.(9/20/05) H. List of State Funding Requests (9/20/05) XI. NEW BUSINESS: A. (This item was moved to IlL C.3) XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-040 RE: Rezoning 2.54 acres from R-l-AA Single Family Residential to R-1-A Single Family Residential (Future Land Use classification to remain Low Density Residential (LDR)) for the ultimate development of 10 single family residential lots. (Gerrity) (Tabled 8/2/05) 2. Proposed Ordinance No. 05-043 RE: Amending the Land Development Regulations, Chapter 2, Section 6.F Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel Extended Stay" to include condominium hotel units. 3. Proposed Ordinance No. 05-044 RE: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential. (Heritage Club @ Boynton Beach) 6 Agenda Regular Commission Meeting Boynton Beach, FL August 16, 2005 4. Proposed Ordinance No. 05-045 RE: Rezoning from C-3 Community Commercial to PUD Planned Unit Development. (Heritage Club @Boynton Beach) 5. Proposed Ordinance No. 05-046 RE: Amending Chapter 16 "Parks and Recreation" Article II, "City Parks and Beaches" by amending Section 16-82 to provide for an increase of beach parking permits and related fees and eliminating redundant language. B. Ordinances -- 1st Reading 1. (This item was moved to IlL C2) 2. Proposed Ordinance No. 05-048 RE: Amending Ordinance 098-06 by amending Chapter IV, "Benefits", subsection 07 Entitled "Family and Medical Leave Act" of the Personnel Policy Manual to conform to union contracts. C. Resol utions: None D. Other: None. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER CONSIDERED AT THIS MEITING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVISED AGENDA 8/14/20054:00 PM S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2005\081605,DOC 7 III.-ANNOUNCEMENTS & PRESENTATIONS Item B.1 Pyle, Judith From: Segal, Wayne Sent: Friday, July 22, 2005 9:55 AM To: Prainito, Janet; Pyle, Judith Subject: Aug. 16 Agenda For the Aug. 16 agenda, would you please add under Special Events the Oceanfront Concert, which will be on Friday, Aug. 19,6-9 P.M., at Oceanfront Park, and will feature the band Memory Lane. Thanks. 7/22/2005 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOnTI Must be Turned Requested City Commission Date Final FOnTI Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) ~ August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3,2005 (Noon) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November 15. 2005 October 3 1,2005 (Noon) C-) D Administrative D Development Plans ~~ .'") --f ~¡ 'j -<. NATURE OF D Consent Agenda D New Business ':- -... ~--, .. ---- -q AGENDA ITEM D ç- .' D Public Hearing Legal w ~w , '::J D Bids D UnfInished Business f'...) i :::: .'. -;::.- J> .~ D Announcement ~ Presentation ,-, --; 0 D - '~~¡z City Manager's Report - -r¡ .. -"ro Ul -rr¡ C)'þ f',j f1ìéJ RECOMMENDATION: Approve proclamation addressing firefighter support of the Muscular Dystrophy :r: Association (MDA) and announcement of Firefighter Appreciation Week. EXPLANATION: This is an annual recognition by MDA for firefighter support through "boot drives". PROGRAM IMPACT: Firefighters across the country collect millions of dollars each year for MDA research and associated programs with their annual "boot drives". FISCAL IMPACT: N/A =~vetbJ' proclamatlo., ~ . Department ead's Signature City Manager's Signature rl'~ £ ,e£rc C/ ¡:: Department Name City Attorney / Finance / Human Resources S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC WHEREAS, Firefighters serve and protect communities throughout America everyday; and WHEREAS, Firefighters have become a symbol of national pride, honor and strength; and WHEREAS, Firefighters unselfishly donate their time and energy to supporting the battle against muscular dystrophy; and WHEREAS, Firefighters are 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 28,2005 through September 3, 2005 as: FIREFIGHTERS APPRECIATION WEEK in the City of Boynton Beach, and encourage all citizens to recognize and support the valiant firefighters who serve them. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Boynton Beach, Florida to be affixed this 16th day of August in the Year 2005. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:ICCIWPlCCAGENDA\ProclamationsWear 2004\1AFF FIREFIGHTERS WEEKdoc ,~_. a.4"~"""_'" ""----".....,;~"."., Pyle, Judith . rom: Bingham, William ...ent: Monday, July 11, 200510:18 AM To: Pyle, Judith Subject: RE: IAFF Appreciation Week Yes, please place on the agenda. This is an annual request that addresses the "boot drive" . -----Original Message----- From: Pyle, Judith Sent: Monday, July 11, 2005 9:31 AM To: Bingham, William Cc: prainito, Janet Subject: IAFF Appreciation Week Chief Bingham: We have received a letter from MDA (Muscular Dystrophy Association) requesting that the week of August 28 to September 3 be proclaimed "IAFF Appreciation Week" . This proclamation also appears on the recurring proclamation list. Please let us know if you wish to go forward with this proclamation and submit the Agenda Request Form for the presentation at the August 16th meeting. Thank you. Judith A. Pyle Deputy City Clerk Boynton Beach, FL 561-742-6062 1 "'-----.... ~tf~ 677 P01/02 JUL 07 '05 15:04 Woolbright I,..f)rpordlt: (..t:mler 1903 S. Congress Avenue, #400, Boynton Beach, FL 33426 Telephone: (561) 742-3748; Fax: (561) 742-3793 -" .... - \ \ \ _>.......s July 6, 2005 City of Boynton Beach c;: ~r\QJ _·,rn A'ITN: Janet M. Prainito .,-~ <,C}J;"" -..J \;·~i0. VIA FAX: (561) 742..6090 ..- Dear Ms. Prainito: 1 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 coUected ín their 2004 "FiU the Boot" campaign, combined with the totals from fire departments across the state, brought in over $1,000,000. To show our appreciation to the fire fighters in our community, the Muscular Dystrophy Association is sponsoring Fire Fighter Appreciation Week from August 28, 2005 to September 3, 2OOS. I am requesting that the City of Boynton Beach proclaim this week "lAFF 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 cmldren and adults battling neuromuscular disease. 1 have also faxed a sample proclamation. We would appreciate you presentíng the proclamation at the city council meeting. Please advise me of the date and time that a formal presentation can be made. Thank you in advance for your consideration ofthis request. Muscular Dystrophy Association JERRY LEWIS. NatIonal ChaIrman Dedicated to the ØIQdIcatIon of the musculQr dystJDphIeS. amyotrophic lateral &CIerœIs (Lou Gehrig's dIseœé). myasthenia gravis. 1ne sp!noIl11UJCular qrophles. Fr1edrelCh'S ataxia a'Id a hOlt of o1ner neuroml.llCulor dfseOses. www.mdausa.org ,.,....- r . ! . '1"1" ~.. m ,.. "..~ -.., 0" J ,.......~..'.."'".~. '" III.-ANNOUNCEMENTS & PRESENTATIONS Item C.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 c=J August2,2005 July 18,2005 (Noon,) c=J October 5, 2005 September 19,2005 (Noon) ~ August 16, 2005 August 1,2005 (Noon) D October 18, 2005 October 3,2005 (Noon) c=J September 6. 2005 August 15,2005 (Noon) D November I. 2005 October 17, 2005 (Noon) c=J September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 31, 2005 (Noon) c=J Administrative c=J Development Plans NATURE OF c=J Consent Agenda c=J New Business AGENDA ITEM c=J Public Hearing c=J Legal c=J Bids ~ UnfInished Business c=J Announcement "''I c=J Presentation , c=J City Manager's Report RECOMMENDATION: Please place this request on the August 16, 2005 City Connnission Agenda under UnfInished Business. This project was presented to the Planning and Development Board on May 24, 2005, and to the Community Redevelopment Agency Board on June 9, 2005. Both Boards forward this project to the City Connnission with a recommendation of approval, with the recommended changes as described below. This has been tabled since July 5,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-088. P & D Board recommendations: EXPLANATION: PROJECT: Building Colors along Major Roadways (CDRV 05-009) AGENT: City Initiated LOCATION: N/A DESCRIPTION: Proposal to amend the Land Development Regulations, Chapters, 4 and 9 to limit building colors, and require the review/approval for changes to building colors for buildings located along Boynton Beach Boulevard, Federal Highway, and Congress Avenue. ~ City Manager's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEPARTMENT OF DEVELOPMENT Memorandum PZ 05-088 TO: Chair and Members, Planning & Development Board Community Redevelopment Agency Board FROM: Michael Rumpf, Planning & Zoning Division DATE: May 13, 2005 RE: Regulation of building colors on major thoroughfares INTRODUCTION Concerned for the aesthetic appearance of developments located along the arterial roadway corridors in Boynton Beach, the City Commission directed staff to consider regulations on building colors, and to initially obtain input from the two respective advisory boards. Although there was not strong consensus on all aspects of this issue, both boards generally support increased review of color changes, oppose the adoption of a specific color pallet, favor an increased review above staffs administrative review, spoke of importance of having "teeth" in the system such as a required permit for repainting projects, and that single-family houses should be exempt. Staff reviewed existing regulations, researched comparable codes, and reviewed color theory including the Munsell Color Classification System. Based on the understanding that the city desires strict color standards for the three (3) major corridors including Boynton Beach Boulevard, Congress Avenue, and Federal Highway, staff has drafted code amendments for consideration. Staff understands the goal of this effort to prevent the presence of undesirable building colors from degrading the appearance of major roadway corridors. The challenge to accomplishing this goal is establishing a regulatory system given the subjective nature of the industry's classification of colors, the difficulty in attaining consensus on colors, and the need for regulations to be clear, concise and defensible. Staff also emphasized in this project, the need to maintain an efficient and friendly development review process that maintains the positive reputation achieved to date, and minimizes the enforcement burden on staff time and resources. Options for reaulating buildino colors are summarized as follows: Regulatory System Regulatory scrutiny Process impact User-friendliness Mandatory color palate High/Low No affect Depends on choices Subjective codes w/board Highest More review time Least friendly review Color standards (objective) Medium No affect Depends on choices Relative stnds. (to existing) Moderate No affect Fairly friendly No color requirements Lowest No affect Most friendly EXISTING REGULATIONS The city's regulations are currently void of specific rules governing building colors. Although sign colors are to be "complimentary to the colors of the structure on which it is to be located", in the Page 2 of 6 absence of specific color regulations, staff has applied requirements of Chapter 9. Community Design Plan, that are specifically applicable to building and architectural design, to colors proposed for new projects. Chapter 9, under Section 11. Exterior Building Design, reads as follows: "B. When a distinct development or architectural Dattern exists within a surrounding two block area, consistency with that pattern shall be required, unless the pattern of development is in a dilapidated condition. This provision shall not require buildings to be exact copies of each other. " and "D. When the area involved forms an integral part of, or is immediately adjacent to, or otherwise clearly affects the future of any established section of the city, the design. scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of that section of the city. n It should be noted that since Chapter 9 applies to new construction and substantial improvements to existing projects (major modifications), it does not apply to minor modifications. With respect to minor/major plan modifications, Chapter 4. Site Plan Review, lists criteria used to determine if proposed project changes are major or minor. The following paraphrased excerpt is from Section 9.C of that Chapter: C. In making a minor/major modification determination, the planning director shall consider the following: 1. increase ...buildable square footage ....by more than five (5) percent. 2. reduce the provided number of parking space below required number.. .. 3. cause development to be below the development standards in LDR. 4. Does the modification have an adverse effect on adiacent or nearby DroDerty or reduce required physical buffers, such as fences, trees, or hedges. 5. Does the modification adversely affect the elevation desi(:¡n of the structure or reduce the overall design of the structure below the standards stated in the community design plan. 6. meet the concurrency requirements..... 7. modified site plan does not resemble the approved site plan. The underlined text represents those criteria occasionally used by staff in reviewing proposed . changes to proposed colors, despite their intent to address building design, location, and other elements regulated by the Community Design Plan. If confronted with potentially undesirable proposed project colors, and by an applicant unwilling to compromise, staff would deem the change "major" thereby requiring formal site plan review culminating in Commission review. Alternatively, the applicant could appeal the administrative decision, which similarly, would be reviewed by the City Commission. However, this current process not only lacks enforceable codes, but is flawed by virtue of the subjective nature of reviewing paint colors. While new site plans facilitate the thorough review of project colors by both the advisory board and Commission, the minor modification process relies upon staff to make subject decisions in reviewing acceptable building colors. Page 3 of 6 PROPOSED AMENDMENTS Staff has drafted proposed amendments following a city-wide windshield survey (reference corresponding PowerPoint slide show) to view predominant building colors, consideration of regulations from other municipalities, and following identification of a subjective color classification system. The proposed amendments, as described and provided below, begin by adding purpose or preamble text to establish colors as an important design aspect, adds color changes to applicability criteria of Chapter 9, defines special road corridor and the corresponding acceptable color groups, establishes maximum color limits (intensities) based on the Munsell Color Classification system, places burden of proof of compliance on the applicant, adds color changes as a criteria for major/minor modification reviews and describes submittal information. The changes also delegates to the advisory boards the responsibility to review appeals to administrative decisions involving change in project colors. Prior to codification of final amendments, staff will also incorporate penalty and enforcement provisions with input from the City Attorney's Office. Entire excerpts of the proposed amendments are also included as Exhibit "A". Preamble The following text is proposed for Chapter 9. Section 11 (new subsection "K"), and would provide the basis and importance of new color regulations. This new section is proposed as follows: K. Building colors. Bovnton Beach recognizes that profect architecture and colors can positivelv or negativelv impact its aesthetic environment image, and property values. Building colors should be carefully selected to be compatible with and compliment profect architecture, colors of fixed elements such as roof materials, and colors of adfacent profects. Profect colors will be selected to provide aporooriate prooortions of, and coordinated base, secondary, trim, and accent colors. Profect colors are intended to comolement and contribute to the surrounding area and city, rather than primarilv attract attention to a single profect from a distance. The intent of this section is not to require identical colors, but to require the careful selection of colors that will contribute to the overall apoearance of the city. This text documents the importance to the city of building colors; states the importance of careful color selection, color compatibility, and color hierarchy; and the purpose of colors to contribute to an area rather than just to a single project. Note that this preamble recognizes the hierarchy in design and pain~ing of a building by requiring a level of façade detail that facilitates use of a variety of (yet complimentary) colors for the three different areas of a wall-base or primary wall, secondary portions of a wall, and the trim and "accent" areas. Applicabilitv The following text is proposed to Chapter 9. Section 4 (new criterion #5) so that this chapter and the new requirements are applicable to changes proposed to approved or existing project colors, for projects that are located along any of the three target roadways. This new criterion reads as follows: 5. When exterior paint colors are to be changed on an existing building located as described in Section 11.K.l (onlv Subsection 11.K applies to prooosed improvement unless profect also includes other modifications as described in this chapter). Changes as described in section 11.K.l shall be processed as a mator or minor site olan modification, and in accordance with Section 11.K of this chapter. Page 4 of6 This text also clarifies that other requirements of Chapter 9 such as roof top screening, would not apply to changes that only involve exterior colors. Color Standards This text represents the core of the proposed standards, defining the preferred colors or color groups to which the target roadway corridors are limited, and establishing the upper limit on color intensity (or saturation) as a quantifiable label defined by the Munsell Color Classification system. The proposed color groups and Munsell value and chroma limits can be adjusted based on preferences and consensus from the advisory boards and City Commission. The Munsell Color Classification system was established by the artist Albert H. Munsell in 1905, to provide a standard objective classification methodology that uses a rational numerical system rather than color names to describe different colors. This continues to be a system used by the U.S. National Bureau of Standards. This system is proposed for the city's color regulations to define the measurable threshold for acceptable color chroma or saturation (commonly referred to as "intensity". This system is based around, and further defined by three attributes of color: Hue, Value and Chroma, and each represented by numerical quality. This system will be further defined by staff as part of the presentations before the board and Commission; however, it is important to note that the maximum value and chroma qualities, established in the code, will be applied only when a compromise cannot be reached with the applicant using basic visual analysis of the proposed colors, against the general limits described in the code. It should also noted that the burden will be placed on the applicant, when staff initially determines that the proposed colors exceed the maximums, to obtain and provide to staff the actual nearest quality scores for the proposed colors from the Munsell classification system. The proposed standards read as follows: 1. Due to the hiah visibility of buildinas located alona Conaress A venue. Boynton Beach Boulevard and Federal Hiahway. and oarticularly aiven the intent of redevelooment olans to beautify and unify Federal Hi~hWaY and a seament of Boynton Beach Boulevard. buildina colors for new oro:ects. or existina oroiects orooosed for minor or maior modification. will be further reaulated by the followina reauirements: a. CommerciaVoffice/industrial Droiects.Base/main wall color will be liaht (hiah "value" colors limited to whites. oravs and beiaes. Atvoical building colors such as Durole. oink. blue. areen and teal. should be substituted with more common Dastels or hue cateaories such as yellow or oeach. Secondary colors will not cover areater than 25% of each individual wall area. Secondary colors will be consistent with the wall color standards. or can be a moderately saturated wall color or a moderatelY saturated comolimentary color. trim and accent colors may be the most saturated colors allowed. and are encouraaed to be comolimentary earth tones and/or oastels. The maanitude of saturation will be orooortional to the saturation of the wall and secondary colors. If orooosed colors are determined by the Plannina & Zonina Director to be inconsistent with the intent of this section. aoolicant shall verify comDliance usina the Munsell Color Classification SYstem. with e;aht (8) beina the minimum value. and six (6) beina the maximum chroma. The maximum allowed difference in saturation between the base color and secondary color is three (3) whole increments. The aoolicant may be reauired to orovide exact color notations from the Munsell Color Classification SYstem. to confirm comoliance with these standards. b. Residential oroiects (excludina one and two familY structures). Colors for residential oroiects are allowed to include a areater aamut of colors. to include whites. belaes and other earth tones. consistent with oaraaraoh "K" of this section. with secondary. trim and accent colors consistent with oaraaraoh "a" of this section. Page 5 of 6 Note paragraph "1", defines the target roadways similar to how the target roadway corridors are identified in the preceding, existing subsection regarding overhead doors. Paragraph "a" accomplishes the following: 1. Recognizes the importance of hierarchy in design and painting of a building by providing separate standards for the three or four different painting areas of a wall-base, secondary, and trim or accent; sets 25% as the maximum amount of space for secondary elements; and recognizes the benefit of compatible diversity through flexibility in using bolder (higher chroma) colors for trim and accent elements; 2. Establishes acceptable color groups (or "hues") for each area of the façade. This therefore excludes from use as a base color certain color groups commonly known, for example, as the "historical palette", which tends to be darker, very saturated colors. "Light" colors are also known by the industry as "whites" or "white bases"; and 3. References the Munsell system as the standard, and sets thresholds for value and chroma as 8 and 6, respectively. Note that the two attributes are inversely proportional, as the higher the "value" the lighter the color, and the higher the "chroma" the bolder (brighter or more "saturated") the color. Paragraph "b" accomplishes the following: 1. Excludes single and two family structures from the color regulations; and 2. Provides greater flexibility in color choices by allowing the selected "hues" (color families) that are excluded from paragraph "a" such as "earth tones". Minor/Maior Review Criteria Chapter 4. Site Plan Review, Section 9. Modification of approved site plan is proposed to be amended to provide the beneficial reference to the new color regulations within Chapter 9, in addition to requiring all repainting projects to be reviewed for conformance with the preamble of the color regulations. This is the most significant change other than those changes intended for properties along selected roadway corridors. While this would increase the review role over repainting projects, and prevent extremely undesirable colors, it would likely generate significantly more violations and enforcement activity due to lack of knowledge of the new regulations, or painting activities that would intentionally disregard new codes. This text would read as follows, beginning with the section title: Section 9. Modification of existina imIJrovements approved sitÐ plan A. Minor: A non-impacting modification which will have no adverse effect on the 3ppro\'fJd site and development p/aR and no impact upon adjacent and nearby properties, and no adverse aesthetic impact when viewed from a public right-of-way as determined by the planning and zoning director. 5. Does the modification adversely affect the elevation design of the structure or reduce the overall design of the structure below the standards stated in the Community Design Plan. Does the modification DroIJOSe to reDaint a Droíect usina exístina colors. of which are inconsistent with color standards of section K. 1 of the Community Desian Plan. or DrODose to chanae Droiect colorf s) inconsistent with color standards of section K. 1. The proposed changes to the section title are unrelated to this color project, and intended to allow application of the major/minor modification review for current regulations against changes to any existing site, rather than implying that it applies only to modem day projects improved with a site plan currently on file. This would prevent interpretations that exempt older sites from being reviewed for site changes, or from automatically requiring them to undergo formal site plan review when in fact the proposed changes are "minor". This also prevents codes from discouraging desirable redevelopment and property improvements, by limiting the extent of regulations that are applicable to older, non- conforming properties, particularly when it is cost-prohibitive to be brought totally "up to code". Page 6of6 Appeals This proposed addition to Chapter 1. General Provisions, Article VIII. Appeals, provides the advisory boards with the responsibility to hear the appeals of administrative decisions leading from the review of paint colors for conformance with the new color regulations. This new paragraph "5" is consistent with feedback received from advisory boards during initial discussions, as summarized in the first paragraph of this report. 5. The Planninq & Development Board and Community Re- development Aqency Board will hear and decide appeals of admin- istrative decisions or determination in the enforcement of maior/ minor site plan modifications involvinq chanqe in proiect colors. or compliance with other color reoulations. Definitions The following definitions are to supplement existing definitions within Chapter 1, Article II, for the purpose of providing proper documentation for this topic that is new to city regulations. The proposed definitions are as follows: The Munsell Color System. A commonly used color measurement methodolooy usino a rational numerical classification system rather than color names to describe different colors. This system is based around. and further defined by three attributes of color: Hue. Value and Chroma. and each represented by numerical auality. Hue. The basis of a color. also referred to as the color family usina the primary and secondary colors. Value. The liahtness or darkness of a color. also known as the oray scale (0 = absolute black. 10 = theoretical white ). Chroma. The intensity of a color. also referred to as its strenoth or saturation. Saturation. The intensity. strenath or briahtness of a color. Base/wall color. The color used for those portions of the wall that represent the oreater surface area compared to the remainder of the facade. Secondary color. The color used on smaller portions of a wall. or on laroe trim areas of the facade. and should not exceed 25% of each individual wall. Trim and accent colors. These are buildino colors used on doors. around doors and windows. alonc roof lines or other planes of the facade. or on features used for architectural enhancement or definition. CONCLUSIONS/RECOMMENDATIONS Staff presents these recommend code amendments for consideration by the advisory boards and City Commission. As indicated above, the only aspect of these proposed regulations known by staff to be absent, which will still be formulated through collaboration with the City Attorney's Office, regard enforcement and penalties. Staff also acknowledges that the awareness and understanding of the business community is vital to the successful implementation of the ultimate regulations adopted by the Commission. Directly mailed notices to those owners of property located along the target roadways, may be necessary to maximize the awareness of any new regulations. MR Attachments S:\Plannlng\SHARED\WP\SPECPROJ\CODE REVIEW\CoIors\staff report.doc 2~·hì b~~ ß value ) ~ ~ ~ ~ t ~ ~ ~ ~ ~ ~ IKt -. ~.' 0 = t-..j ¡r: II¡ ¡I o .....,"....".,. «,., ..'. ~ .. m ... ~ ..... UI ....'<". .;c ..--i;"--,*,~ .: .." ,¡,~,*~'y:...ô'j",..;~ . ~" "_~'_'~"",""L'~'-jk_" " -- ~ .......C.'...,HV'...". ~ A~ .'.;... ,," .. %...' ",~ ..... ¡; ...... g. ....... a 0........ 3 ....... . ¡; ....... ........ CD ....... . ....... ~ :=> ..... . N ..... :! ... m ... t:3." . o .. ~,··.___._...~.<~~"'...........·_.,,_o·"",._-=-_~"_,·,,-',"__ '",_ '. Part III. LDRs, Chapter 4. Site Plan Review Section 9. Modification of approved site pIeft. A. Minor: A non-impacting modification which will have no adverse effect on the ~pprovcd site and development f*afl and no impact upon adjacent and nearby properties, and no adverse aesthetic impact when viewed from a public right-of-way as determined by the planning and zoning director. B. Major: A modification which presents a significant change in intensity of use which, in turn, may have a significant impact upon facilities, concurrency; upon nearby and adjacent properties, or upon findings made at the time of approval of the site and development plan as determined by the planning and zoning director. C. In making a minor/major modification determination, the planning and zoning director shall consider the following: 1. Does the modification increase the buildable square footage of the development by more than five (5) percent. 2. Does the modification reduce the provided number of parking space below the required number of parking spaces. 3. Does the modification cause the development to be below the development standards for the zoning district in which it is located or other applicable standards in the Land Development Regulations. 4. Does the modification have an adverse effect on adjacent or nearby property or reduce required physical buffers, such as fences, trees, or hedges. 5. Does the modification adversely affect the elevation design of the structure or reduce the overall design of the structure below the standards stated in the Community Design Plan. Does the modification propose to repaint a project using existing colors, of which are inconsistent with color standards of section K.l of the Community Design Plan, or propose to change project color(s) inconsistent with color standards of section K.l. 6. Does the modified development meet the concurrency requirements of the Boynton Beach Comprehensive Plan. 7. Does the modification alter the site layout so that the modified site plan does not resemble the approved site plan. F. Required information: The following information must be presented with a request for a site plan modification: 1. Minor: A letter which sets forth the requested changes along with an exhibit showing that portion of the site plan which is to be changed in its present condition and an exhibit depicting the requested change. Where the proposed changes include project colors, required information will also include color swatches of the existing and proposed colors, and corresponding elevation drawings. Photographs or alternative graphics in lieu of elevation drawings may be submitted if deemed acceptable by the Planning & Zoning Director. The applicant may be responsible for providing exact color notations from the Munsell Color Classification system, to confirm compliance with Chapter 9 of these reQulations. 2. Major: A major modification shall contain the same information as required for a new site plan submittal. Part III. LDRs, Chapter 9. Community Design Plan Sec. 4. App lica bility. A. New Construction. This chapter shall apply concurrently and in direct relation with the requirements of Chapter 4, Site Plan Review of these regulations. B. Existing Construction. This chapter shall be applicable under any of the following conditions: 1. When an existing building is proposed to be enlarged. 2. When exterior alteration or reconstruction of an existing building is changed and/or alters the effect of the architectural design of the building. 3. When an existing building and/or site is substantially improved. 4. When the occupancy classification of the building changes as defined by the Standard Building Code. 5. When exterior paint colors are to be changed on an existing building located as described in Section l1.K.i (only Section iLK applies to proposed improvement unless project also includes other modifications as described in this section). Changes as described in section l1.K.i shall be processed as a major or minor site plan modification, and in accordance with Section l1.K of this chapter. '-.",,,'" ~ r"_~';"'''''''';~<'"··,, Part III. LDRs, Chapter 9. Community Design Plan Sec. 11. Exterior Building Design. 1. All building facades of a building that face or are visible from public or private streets shall be designed to be as attractive in appearance as the front of the building. J. Due to the high degree of visibility of buildings located on Hypoluxo Road, Miner Road, Congress Avenue, Lawrence Road, Gateway Boulevard, Quantum Lakes Drive, Old Boynton Road, Knuth Road, Woolbright Road, Boynton Beach Boulevard, Winchester Boulevard, High Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue, Federal Highway, Old Dixie Highway, N.E. 10th Avenue and S.E. 36th Avenue; most of which are considered entrances to the City, the following additional exterior design requirements apply: 1. Overhead doors shall not be located on a building facade(s) that faces any of the above public or private street. 2. Industrial buildings located on any of the above streets shall be designed in such a manner so as to disguise their typical warehouse appearance. K. Building colors. Boynton Beach recognizes that project architecture and colors can positively or negatively impact its aesthetic environment, image, and Droperty values. Building colors should be carefully selected to be compatible with and comDliment project architecture, colors of fixed elements such as roof materials, and colors of adfacent Drojects. Profect colors will be selected to provide aDproDriate proportions of, and coordinated base, secondary, trim, and accent colors. Project colors are intended to complement and contribute to the surrounding area and city, rather than primarily attract attention to a single project from a distance. The intent of this section is not to require identical colors, but to require the careful selection of colors that will contribute to the overall aDpearance of the city. 1. Due to the high visibility of buildings located along Congress Avenue, Boynton Beach Boulevard and Federal Highway, and particularly qiven the intent of redevelopment plans to beautify and unify Federal Highway and a segment of Boynton Beach Boulevard, building colors for new projects, or existing projects proposed for minor or major modification, will be further regulated by the following requirements: a. Commercial/office/Industrial projects. Base/main wall color will be light (high "value") colors limited to whites, grays and beiges. Atypical building colors such as purple, pink, blue, green and teal: should be substituted with more common pastels or hue categories such as yellow or peach. Secondary colors will not cover greater than 25% of each individual wall area. Secondary colors will be consistent with the wall color standards, or can be a moderately saturated wall color or a moderately saturated complimentary color. Trim and accent colors may be the most saturated colors allowed, and are encouraged to be complimentary earth tones and/or pastels. The magnitude of saturation will be proportional to the saturation of the wall and secondary colors. If proposed colors are determined by the Planning & Zoning Director to be inconsistent with the intent of this section, applicant shall verify compliance using the Munsell Color Classification SYstem, with eight (8) being the minimum value, and six (6) being the maximum chroma. The maximum allowed difference in saturation between the base color and secondary color is three (3) whole increments. The applicant mav be required to provide exact color notations from the Munsell Color Classification System, to confirm compliance with these standards. b. Residential projects. Colors for residential projects are allowed to include a greater qamut of colors, to include whites, beiqes and other earth tones, consistent with paragraph "K" of this section, with secondary, trim and accent colors consistent with paragraph "a" of this section. Part III. LDR, Chapter 1. General Provisions Art. VII. Appea Is D. ASSIGNMENT OF APPEALS. The City of Boynton Beach has several boards/commissions which deal with a variety of appeals, variances, exemptions, exceptions, etc., as follows: 1. The building board of adjustment and appeals will hear and decide appeals of administrative decisions or determinations made in the enforcement or administration of LDR Chapter 20, Building, Housing and Construction Regulations and the various building codes and ordinances adopted by the City. See LDR Chapter 20, Article VII, Section 2D for detailed information. 2. The City Commission will hear and decide appeals of administrative decisions or determinations in the enforcement or administration of excavation, dredging and/or fill permits; platting; major/minor site plan or master plan modifications and height exceptions. 3. The concurrency review board will hear and decide appeals of administrative decisions denying a certification of concurrency and/or a conditional certification of concurrency. "....,',,'~,-'" '''"'''''~^'''''..;''''''.''''"'- , 4. Repealed by Ord. No. 02-033, § 4, 8-20-02. 5. The Planning & Development Board and Community Redevelopment Agency Board will hear and decide appeals of administrative decisions or determination in the enforcement of major/minor site plan modifications involving change in project colors, or compliance with other color reQulations. Part III. LOR, Chapter 1. General Provisions Art. II. Definitions The Munsell Color System. A commonly used color measurement methodology usinQ a rational numerical classification system rather than color names to describe different colors. This system is based around, and further defined by three attributes of color: Hue, Value and Chroma, and each represented by numerical Quality. Hue. The basis of a color, also referred to as the color family using the primary and secondary colors. Value. The lightness or darkness of a color, also known as the gray scale (0 = absolute black, 10 = theoretical white). Chroma. The intensity of a color. also referred to as its strength or satu ration. Saturation. The intensity, strength or brightness of a color. Base/wall color. The color used for those portions of the wall that represent the greater surface area compared to the remainder of the façade. Secondary color. The color used on smaller portions of a wall, or on large trim areas of the façade, and should not exceed 25% of each individual wall. Trim and accent colors. These are building colors used on doors, around doors and windows, along roof lines or other planes of the façade, or on features used for architectural enhancement or definition. Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 Mixed Use POD in the Planned Industrial Development (PID) zoning district. Chair Wische inquired about tabling the Quantum Park & Village South Commercial Master Site Plan Modification. Mr. Johnson noted that staff received a fax from the appficant on the date of this meeting, stating they would like to postpone until the next Planning and Development Meeting. Ed Breese pointed out there were some issues, which they wanted to resolve with staff before coming before the Board. Motion Mr. Casaine moved that the Master Site Plan Modification for Quantum Park & Village South Commercial (MSPM 05-003), be tabled until the next Planning and Development Meeting, to be held on June 28, 2005. Motion seconded by Vice Chair Hay and carried 6-0. G. Code Review 2. Project: Building Colors along Major Roadways (CDRV 05-009) Agent: City initiated Location: N/A Description: Proposal to amend the Land Development Regulations, Chapters 4 and 9 to limit building colors, and require the review/approval for changes to building colors for buildings located along Boynton Beach Boulevard, Federal Highway, and Congress Avenue. Chair Wische asked why Woolbright was left out of the proposal. Mr. Rumpf stated that in some conversations with Commissioner Ensler, who was instrumental in bringing the item forward, he suggested trying it on the three roads, which had the greatest exposure to the public. Vice Chair Hay stated Gateway should also be included. Mr. Rumpf explained the project was to address color changes for existing buildings, and not for new construction, because the Board would get to review those colors. Mr. Rumpf noted he prepared a PowerPoint presentation, and hoped the Board could give comprehensive recommendations to the Commission. He pointed out 10 ~, .' __",...,._~"=."""",~~.........""""""",,,.A..'''''_''''''"'';';"'_''_,"~'.''"" Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 the goal was to bring the major roadway corridors of Boynton Beach Boulevard, Federal Highway and Congress Avenue, up to a greater Quality or appearance standard, by addressing paint colors. Mr. Rumpf started his PowerPoint presentation, which is available on file with the minutes of the meeting. Mr. Rumpf expressed that staff hoped to clean up the corridors through attrition, and the building colors project is not something that would be mandated. He said there would be no color police citing projects that do not conform. Mr. Rumpf pointed out their challenge would be to establish a regulatory system that accomplishes the objectives on: · The varying opinions on acceptable colors; · The subjective nature and inconsistent use of terminology in describing colors by the industry; · The need for regulations to be clear, concise and defensible. Mr. Rumpf noted the objectives of the presentation were: · To show samples of built environment, and the consistency of colors which are out there now. · Identify preferences. · To discuss the alternatives to writing regulations, or regulatory schemes. · learn the basics of the Munsell Classification System · Obtain consensus on color limits for color groups and color thresholds. · Consideration of staff recommendations. As part of his presentation, Mr. Rumpf showed photographs of some buildings and their existing colors. He described the base and secondary colors used on the buildings. Mr. Rumpf stated that on the first page of the report submitted, there was a simplistic summary of the general regulatory option, which other cities use in their system. He noted they did not have specific regulations pertinent to colors, and the language in the code spoke about the design, form and architecture. In the absence of color standards, staff used the paragraph in Chapter 9 of the Design Plan, to include colors. Mr. Rumpf stated the existing regulations were located in Chapter 9 of the Community Design Plan, which talked about the architectural pattern, which was construed to include colors. The language In Part 111 of the LDRs, Chapter 4, 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 for minor or major site plan review, did not relate to the façade and colors, but did address the affect on elevation designs. For discussion, Mr. Rumpf passed around some samples of colors to the Board. He noted the Munsell System was a three-digit number that described a color. The system uses hue, value and chroma, which are the three attributes of color. He noted hue is the basis of a color, referred to as the color family using the primary and secondary colors. Value is the lightness or darkness of a color, also known as the gray scale. Chroma is the intensity of a color, also referred to as its strength or saturation. Ms. Jaskiewicz asked if staff discouraged high chroma colors. Mr. Rumpf stated he had some proposed numbers to work from. He said from staff's proposed regulations, they want to regulate trim and accents, which represent the smallest portion of the building, and have the greatest potential for adding complementary colors and character. The base color would represent the greatest portion of the building, and give the building its signature. Ms. Jaskiewicz asked if staff would aim toward the white, grays and beiges for the walls. Mr. Rumpf expressed that was the direction they were going. The Board would see how staff proposed to regulate the secondary color. A secondary paint color could be a small portion or a large portion. Staff purchased the least expensive learning tool for the Munsell system that cost $65.00. Mr. Rumpf explained you could spend over $600.00 on complete sets with 1500 different identified colors, but what they had was a small range to give the Board an example, and to teach the system. Mr. Rumpf expressed that as an incentive for an applicant to meet the ultimate regulations, staff proposed the regulations should read that where there is a discrepancy or uncertainty, or where staff deems the color is not in compliance, the applicant would be responsible for proving its compliance, by providing staff with the Munsell code. Mr. Rumpf stated the objectives of their proposed regulations were: · Make it mandatory for change to be reviewed for color changes on the selected corridors. · Effident and user-friendly for both staff and the applicant. · Fits into current code structure. · Set its purpose; establish process, limits and penalty. He noted he was awaiting the standard language from the City Attorney's office. · They want it to be defensible. 12 ..~._..~__.,.,.."~.~~,o~"~.~",",,,",,,,,,.,~....~.,,,..,,",,·.,,,,,,",,,,,,,"""~_...<"...,",.......,,", ,",'"" Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 Mr. Rumpf also noted staff would like to accomplish the following at the current meeting: · Identify color preferences and dislikes (if any). · Confirm or adjust color categories. · Other code provisions/changes · Discuss color limits (chroma and value) · Other - anything that may be necessary for the code. Mr. Rumpf said he attended some sessions on writing codes at the National Planning Conference in San Francisco. One of the things stressed at the conference, was to support your comprehensive plan and be clear. State the objective and the base of the plan. He noted he called this procedure the preamble, and the following text is proposed for Chapter 9, Section 11 (subsection "K''), and would provide the basis and importance of new color regulations: "K. Building colors. Boynton Beach recognizes that project architecture and colors can positively and negatively impact its aesthetic environment, image, and property values. Building colors should be carefully selected to be compatible with and compliment project architecture, colors of fixed elements such as roof materials, and colors of adjacent projects. Project colors will be selected to provide appropriate proportions of, and coordinated base, secondary, trim and accent colors. Project colors are intended to complement and contribute to the surrounding area and city, rather than primarily attract attention to a single project from a distance. The intent of this section is not to require identical colors, but to require the careful selection of colors that will contribute to the overall appearance of the city". Mr. Rumpf stated under the applicability section of Chapter 9, Section 4 (new criterion #5), the new requirements are applicable to changes Proposed to approved or existing project colors, for projects that are located along any of the three target roadways. The new criterion would read: "5. When exterior paint colors are to be changed on an existing building . located as described in Section 11.K.1 (only Subsection 11.K applies to proposed improvement unless project also incfudes other modifications as described in this chapter). Changes as described in section 11.K.1 shall be processed as a major or minor site plan modification, and in accordance with Section lI.K of this chapter". Mr. Rumpf explained under the color standards, the Proposed standards would read that due to the high visibility of buildings located along Congress Avenue, 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 Boynton Beach Boulevard and Federal Highway, the following regulations would apply: a. Commercial/office/industrial projects. Base/main wall color will be light (high "value") colors limited to whites, grays and beiges. Atypical building colors such as purple, pink, blue, green and teal, should be substituted with more common pastels or hue categories such as yellow or peach. Secondary colors will not cover greater than 25% of each individual wall area. Secondary colors will be consistent with the wall color standards, or can be a moderately saturated wall color or a moderately saturated complimentary color. Trim and accent colors may be the most saturated colors allowed, and are encouraged to be complimentary earth tones and/or pastels. The magnitude of saturation will be proportional to the saturation of the wall and secondary colors. If proposed colors are determined by the Planning & Zoning Director to be inconsistent with the intent of this section, applicant shall verify compliance using the Munsell Color Classification System, with eight (8) being the minimum value, and six (6) being the maximum chroma. The maximum allowed difference in saturation between the base color and secondary color is three (3) whole increments. The applicant may be required to provide exact color notations from the Munsell Color Classification System, to confirm compliance with these standards. Ms. Jaskiewicz pointed out that in warmer climates, lighter hues reflect the heat, and the darker colors absorb it. She felt it would be wise for the Board to suggest the lighter chromas. Mr. Rumpf noted there was a trend now, where you are finding darker colors in residential areas. b. Residential projects (excluding one and two family structures). Colors for residential projects are allowed to include a greater gamut of colors, to include whites, beiges and other earth tones, consistent with paragraph "K" of this section, with secondary, trim and accent colors consistent with paragraph "a" of this section. Mr. Rumpf said there were fewer residential projects in some segments of the proposed corridors, but it was necessary to acknowledge it. Ms. Jaskiewicz asked if there was a design specialist with regard to color on staff. Mr. Rumpf stated not at the time, but they have two vacancies, so there was potential to do that. 14 ""o/''''~'''''''''~",.""~~__.,..".,,,~...,...-,,-,.. Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 Mr. Rumpf referred to Exhibit B in the proposed document, which related to Munsell - Chroma and Value. He asked the Board if six (6) and eight (8) were sufficient value limits or if they should go to nine (9). Mr. Casaine felt they should go up to nine (9) in value, and up to eight (8) in chroma. Ms. Jaskiewicz asked if the value and chroma did not depend on the proportion of accent parts of the buildings. Mr. Rumpf agreed with Ms. Jaskiewicz that buildings are more attractive when they have complimentary colors. There was a discussion about some of the photographs of the buildings and their colors on the PowerPoint presentation. Mr. Rumpf said there was a new office/ industrial building on the southeast comer of Hypoluxo and Seacrest, which had beautiful colors, but they added a deep blue awning. He noted they were not taking all creativity away, but rather putting it where it would accentuate the building. Ms. Jaskiewicz said years ago there was a Community Appearance Board that could take on those issues. Mr. Rumpf noted that when a project is deemed minor, it is processed as a minor change through staff and the permit system. It does not go through the formal review process before the Planning and Development Board and the Commission. He expressed that the way the code is written for Chapter 4 of the Site Plan Review, Section 9 states the "Modification of approved site plan", implies that only the modem projects, which have an approved site plan, would get reviewed for this. He proposed the language be changed to read, "Modification of the site plan", so everything is reviewed. With the exception of a couple members from the CRA Board who felt a Design Review Board should handle the building colors project, Mr. Rumpf pointed out that both the Planning and Development Board and the CRA Board indicated a desire to playa role in it. He stated when staff and the Planning Director make a final decision that a color does not comply, but the applicant says they want the color, and appeal the administrative decision, the case would go to the Commission as an appeal and the staff would present their argument. The case should go before the Planning & Development Board and the CRA Board, because the code defines those Boards as the Technical Boards, defying the standards. The minor site plans are reviewed under consent on the Commission agenda. 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 Mr. Rumpf concluded the slide presentation, and stated the Board had not shared a lot about preferences. He pOinted out the Board suggested staff increase the value limits to nine (9), and asked if there were any other discussions. Ms. Johnson asked why the proposal was restricted to the three corridors. Mr. Rumpf pointed out that was the mission of the Commission. Boynton Beach Boulevard, Federal Highway and Congress Avenue are the principle entrances into the City. Ms. Johnson noted Part 111 of the LDRs, Chapter 9, Community Design Plan for Exterior Building Design, section J. stated: "due to the high degree of visibility of buildings located on Hypoluxo Road, Miner Road, Congress Avenue, Lawrence Road, Gateway Boulevard, Quantum Lakes Drive, Old Boynton Road, Knuth Road, Woolbright Road, Boynton Beach Boulevard, Winchester Boulevard, High Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue, Federal Highway, Old Dixie Highway, N.E. 10th Avenue and S.E. 36th Avenue; most of which are considered entrances to the City", and questioned why they limited the proposal to only three corridors when development and growth is rampant all over. Mr. Rumpf stated if that was the Board's conviction, it could be recommended to the Commission. Ms. Johnson was concerned it would be detrimental to just have the plan for three streets, when there is tremendous growth on all the streets, and felt it should be consistent. Chair Wische' asked if that pOint could be recommended to the Commission, and Mr. Rumpf noted the Board could recommend anything they felt was important to the project. Ms. Johnson asked the location of S.E. 36th Avenue. Mr. Rumpf stated it was Gulfstream Boulevard. Mr. Casaine felt the industrial areas should be subject to the decision on the colors. Mr. Rumpf noted he did not have the design guidelines proposed for the Heart of Boynton Plan, but stated if they were looking to allow design or character based upon Aoribbean, which might be getting a little Caribbean, they may want brighter colors. 16 . ~"".""'.".'''''''"'''''''~~-'-'~'''.''''.'~-~"''''~'':'''''' · Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 Ms. Johnson asked if adding the proposed language to cover Martin Luther King Boulevard and Heart of Boynton would be the responsibility of the Community Redevelopment Agency. Mr. Rumpf stated it is within the CRA, but the Planning and Development Board did not have to limit their comments. Ms. Johnson pOinted out when the paragraph was written, Martin Luther King Boulevard probably was not Martin Luther King Boulevard, or considered an entrance to the City. She definitely thought Martin Luther King Boulevard should be added. Mr. Baldwin pointed out N.E. 10th Avenue was Martin Luther King Boulevard. Ms. Johnson suggested the text be changed to state Martin Luther King Boulevard. Ms. Jaskiewicz noted it was both, because one side said Martin Luther King Boulevard and the other said N.E. 10th Avenue. She also noted one side of S.E. 36th Avenue was Boynton, and the other side was Delray. Mr. Rumpf noted the Commission and the Boards specifically stated they would not want to regulate single-family, duplex dwellings - which are typically exempt from site plan review process. He pointed out S.E. 36th Avenue, N.E. 10th Avenue, and Martin Luther King Boulevard have a higher percentage of residential structures. Ms. Johnson asked if Floribbean colors meant the Board should increase the Munsell value to nine (9). Mr. Rumpf clarified the Board recommended the Munsell value to be nine (9), and a chroma of (6). Ms. Jaskiewicz questioned if that was a finite statement or a strong suggestion. Mr. Rumpf stated it was currently drafted not to be a suggestion but a standard. If they want to accommodate on a certain corridor a greater variety of the hues, and not limit those groups, then they would need to revise that text for those corridors, because right now they were looking at whites, grays and beiges. That would restrict the F/oribbean colors. Ms. Johnson clarified that would not apply to single family dwellings and duplexes and Mr. Rumpf agreed. Ms. Jaskiewicz noted a good example of the Caribbean colors would be in the Delray Commerce Center. 17 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 Mr. Rumpf said Mr. Breese suggested the group category that would help would be pastels, which was allowed under residential projects. He felt they could make a provision to make them pastels but still limit the chroma and the value extents. Ms. Johnson clarified Mr. Rumpf stated legal was going to review the proposal, and Mr. Rumpf agreed. Ms. Johnson felt there was a lot of room for someone to come back at them and ask why is this okay in one part of the city and not in another part of the city. She stated she would defer to the CRA and staff to identify what works for the Heart of Boynton Beach. Ms. Johnson felt the words "should be"; "may be"; and "encouraged to", used in section lA and IB of the Color Standards, left a lot of room for flexibility. Mr. Rumpf stated that was his intent. He said if there was an area where they would not want the flexibility, it should be addressed. If they want to exclude purples, pinks, greens and reds; then the language should state "shall be substituted with more common pastels or hue categories", which would replace the word "should" with "shall". That does not mean you could not have a tint in the white because the base would be white. Anything that meets the nine (9) value would probably be a white base or very light primary base paint. Ms. Jaskiewicz asked when Mr. Rumpf anticipated it would be in effect. Mr. Rumpf stated it was scheduled to go to the CRA meeting in June, and then to the Commission. It could be converted into Ordinance form very quickly. If it goes to the Commission meeting in June, it could be adopted in July or August. Mr. Rumpf said that was assuming there are not major changes. There would also be a review with the City Attorney's office in that schedule. If there were major changes, staff would recommend coming back to the Planning and Development Board for their thoughts on it. Ms. Jaskiewicz referred to the plans Mr. Rumpf submitted to the Board, and noted they would be inconsistent with what they were discussing. Mr. Rumpf stated it was difficult, and he would be agreeable to allow more time. The wording was intended to allow more flexibility. There is a trend to use darker colors on residential projects. He noted the Starbucks building at Congress and Boynton Beach Boulevard was unique. Mr. Rumpf noted if it was something they wanted to limit, then they could do it with the same structure that they were using in Paragraph A for Commercial and non-residential buildings. 18 "'."_""':"'~""'>_~_~~_'_""¡'¡"i";_""''''-~''',-"~,,;,,"'.""~~ . . Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2005 Ms. Johnson referred to the same plans, which Ms. Jaskiewicz referenced, and asked if that site plan was not already approved for Quantum Lakes. Ms. Jaskiewicz did not think so. Mr. Rumpf clarified there was a master site plan that had been approved, but they were just asking for a modification. Mr. Rumpf noted it was his intent to use the language, "trim and accent colors may be the most saturated colors allowed", to allow that flexibility. 8. Other Mr. Rumpf noted he wanted to answer an earlier question regarding the time extensions for the carwash project. He said they were extended until July because of new advertising requirements. 9. Comments by members None 10. Adjournment There being no further business the meeting was properly adjourned at 8:37 p.m. Respectfully submitted, (llii1J~ Catherine Wharton Recording Secretary (May 27, 2005) 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 V. Public Audience None Chairperson Heavilin recognized Commissioner Ensler in the audience. VI. Public Hearing Old Business A. Code Review 1. Project: Building Colors along Major Roadways (CDRV 05-009) (Postponed from May 10, 2005 meeting) Agent: City initiated Location: N/A Description: Proposal to amend the Land Development Regulations, Chapters 4 and 9 to limit building colors, and require the review/approval for changes to building colors for buildings located along Boynton Beach Boulevard, Federal Highway and Congress Avenue Mr. Rumpf gave a PowerPoint presentation and reported the City Commission directed staff to research existing regulations and colors, and to consider regulations to meet the intent of regulating changes in building colors. Staff looked at this for specific corridors in the City, (1) U.S. 1, (2) Congress Avenue and (3) Boynton Beach Boulevard. It was not the intent, however, of staff to limit their research only to those areas and the Planning and Development Board recommended that staff's research go beyond the selected corridors. Mr. Rumpf noted that color regulations could be restrictive and contrary to the Heart of Boynton Plan theme as being "Floribbean." "Floribbean" colors could be bright hues of green, yellow and orange. Staff will be asking this Board how they want to approach the colors for the Heart of Boynton. Staff is recommending the following: · The aesthetic appearance of major roadway corridors in the City be maximized. · Establish a regulatory system, which could be subjective. · Regulations must be clear, concise and defensible. Staff will attempt to identify (1) what is on the horizon, (2) to discuss and identify preferences and colors found to be objectionable, (3) to discuss regulatory alternatives, (4) to get the feel for the subjective nature of color regulations in general, and (5) find a way to place an objective limit on colors using the Munsell Color Classification system. Staff also would like to obtain a of consensus or agreement on color groups that would be included in the regulations. They are proposing to add a less subjective element to the regulations, but to set some thresholds. Staff would like to determine what groups of colors are preferred and a group of colors that could be used. Lastly, they need to determine limits of the most intense colors. 2 ~".,.".,"'"""'.""''''' .... ~ ~. ¿~",,".~._.', . Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Mr. Rumpf said he would introduce some terminology that he would be using throughout his presentation and the different words used to describe the different components of a façade. These definitions are contained in the agenda packet under "Definitions." Also, staff would attempt to show how attractive buildings could be created despite limitation of building colors. Therefore, the components of a building are (1) base, (2) secondary, (3) accent and (4) trim. Slides of various properties were shown and reviewed. Consideration would have to be given to whether their colors would be permitted today. Staff is looking at how the regulations need to be worded or changed to accommodate certain situations being displayed and discussed. Darker colors could be questionable and would be determined on how the standards are proposed. Staff's intent for showing these buildings was to present examples of how color and eye-catching and attractive elements can be introduced into a project without it appearing inappropriate for the project. Next discussed were general regulatory options. Mr. Rumpf reviewed the regulations of eight states throughout the country. Members were directed to the table on the first page of staff's report. The table presents a general example of various regulatory methodologies from the most restrictive to the least restrictive. The most limiting would be a color palette. A color palette would only allow a certain number of colors that developers could select from. The Planning and Development Board and this Board were against this type of regulatory system. Another possibility would be to have subjective codes that would be reviewed by a board. This would mean the colors would be appealing and consistent with adjacent properties. Color standards could be relative standards that would be consistent with established colors in the City. Lastly, the City could have no color requirements whatsoever. Mr. Rumpf pOinted out that cities have not adopted very strict regulations, but have merely adopted general descriptions and categories. Slides of colors used throughout different cities were presented and reviewed. Ms. Horenburger referred to the handbook utilized by the City of Naples that they provide developers showing what is acceptable. Currently, the City reviews colors for new projects using the terminology and regulations that speak about compatibility. Mr. Rumpf reviewed major and minor changes to projects. Mr. Rumpf reviewed the language in Part III of the LDR, Chapter 9 (Community Design Plan) that is used to review new projects and is set out in paragraphs Band D of page 2 of the staff report. The language states the building should be designed compatible with an existing character in that area, if it so exists. Staff would apply this thinking to the entire building that would include details, appurtenances and colors. Currently, this is the limit to the City's regulations. Ms. Horenburger was in favor of having a process in place for painting commercial buildings for both new and old buildings. Mr. Rumpf pointed out that staff's proposed changes would address all changes, both old and new, on the selected corridors, except for single-family residences. Staff is proposing to include upper limits, or maximum colors in order to make the regulations defensible and less subjective. In order to achieve this, Mr. Rumpf explained th~ Munsell Color Classification system that staff is proposing be adopted. Samples of colors were presented to the Board in order to acquaint the Board with the Munsell system. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 The Munsell system breaks down colors into three different attributes - (1) hue (color family that is the primary and secondary color), (2) Value, and (3) Chroma, which Mr. Rumpf explained. Mr. Rumpf explained how the process worked. It is not staffs intention to deal with this on a daily basis because it can be very time consuming. The intent of the system is to provide a framework or limit on colors. Staff is proposing that the limits be at 8 for Value (the Planning and Development Board recommended 9) and a 6 for Chroma. This will not severely limit the secondary colors and does not put any limits on the accent or trim colors. What staff wants to achieve is to set maximum limits for the base color. Mr. Rumpf referred to Paragraph K under Part III, Section 11, Exterior Building Design in his report, that in essence states the regulations are important. If the City has to defend the regulations, they have to explain why they are important. He recited from Paragraph K that read, "The intent of this section is not to require identical colors, but to require the careful selection of colors that will contribute to the overall appearance of the City." Mr. Rumpf advised that when exterior paint colors are to be changed on an existing building located in the defined corridors, this section would apply. Actually only Section l1.K would apply to prevent someone who is only painting their building in order to meet rooftop screening requirements of accessory equipment or rooftop equipment, i.e., only the paint section would apply. Mr. Rumpf next reviewed the corridors he previously referred to, but noted the language is not entirely new to the Code. Mr. Fenton inquired if the bright-colored village on the south side of Gateway applies to the proposed regulations. Mr. Rumpf referred to Section B of the staff report that deals with residential projects that would allow more flexibility for residential projects. Mr. Rumpf responded that they would be allowed under the new regulations. Mr. Rumpf explained that staff is bringing these proposals forward to have something to start with as a base. Mr. Fenton did not equate the colors presented as being "floribbean" that he feels are vibrant colors as opposed to the muted colors presented. Mr. Rumpf explained that the colors presented were what were on the street currently, and a majority of them would meet the regulations, but would not allow the intense colors of a Caribbean palette. Residential projects would be allowed a greater gamut of colors that would include white, beige and earth tones. As it is written now, the Caribbean gamut of colors would not be allowed. Mr. Barretta asked what would be considered a "mixed-use" project and Mr. Rumpf stated it would apply to commercial, not residential. Base colors would be light or high value colors, limited to whites, grays, and beiges. Atypical colors such as purple, pink, blue, green and teal will be substituted with more pastels or hue categories, such as yellow or peach. Secondary colors will not cover more than 25% of the wall area and would be consistent with the wall color standards or could be a moderately saturated wall color, or moderately saturated complimentary color. Trim and accent colors would be the most saturated colors allowed and it is encouraged to be complimentary earth tones and/or pastels. If applicants would like to use a color that is out of the recommended ranges, they may be required to provide proof using Munsell chips and research of their own and present them to staff to show what the values of those colors would be and their Chroma number. 4 ,_ ,,·ù_..__,'·_~·."" " ~~ ~."",.:",."",,,,-.~,,~><._-,'- Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Mr. Barretta requested that instead of secondary colors not being greater than 25%, it be stated it could be approximately 25%, because sometimes it might be necessary that a secondary colors could take up 26% or 27%. Mr. Rumpf agreed with this recommendation. Mr. Barretta was also concerned that all buildings have base, secondary and trim colors because some beautiful buildings could be single or two color buildings. He was opposed to a building being mandated to have base, secondary and trim colors. This could eliminate many examples of architecture throughout the world. Mr. Rumpf felt this was a good point/ but many remarkable projects referred to by Mr. Barretta are done elegantly with a great deal of architectural appurtenances, elements and details. In that event, Mr. Rumpf felt it would be necessary to state the project would have those elements. Mr. Rumpf noted Mr. Barretta's suggestions. Mr. Myott was not in favor of raising the value up to 9. He thought 8 would be more than sufficient and Mr. Barretta agreed with this. Chairperson Heavilin noted that Mr. Rumpf displayed some very attractive buildings in light blues and teals and questioned if the new regulations would exclude those colors and Mr. Rumpf stated this was possible. Mr. Barretta inquired if pastels, such as yellow and peach, would be allowed. Mr. Rumpf responded that yellow and peach would be encouraged over teal, blue, and purples. Ms. Horenburger questioned why pink would not be allowed. Mr. Rumpf explained that the industry's description of white bases could include yellow. Ms. Horenburger also pointed out that earth tones could encompass a great many colors. Mr. Rumpf stated if the Board wanted to include pink, they could recommend that it be included. Mr. Myott felt it would be helpful if they were provided with the color charts. Ms. Horenburger inquired if the City ever had a Community Appearance Board that reviewed this type of issue. Mr. Rumpf responded that several years ago, the Community Design Plan was divided into three different districts. Depending upon where a project was located within the City/ the project would fall within one of three design districts and it would have to be designed according to that district. This included architectural style and palette of colors and elements. Many years ago the City had a Community Appearance Board that reviewed projects and made recommendations. There also was a CRAB Board in the downtown area. Mr. Rumpf pointed out that if the board was comfortable with the color groups, but did not want to be restrictive on the value and chroma, those items could be modified. Mr. Myott questioned whether or not a disclaimer could be included that would say, "or upon consideration and approval of the City Commission and CRA board...". If a developer really did not want to follow the guidelines and was able to make a good enough case, then the developer would have to convince the board and Commission to vary from the guidelines. Chairperson Heavilin confirmed that an appeals process is included in staff's recommendation. Mr. Myott felt that an appeal could be considered from the beginning, but the developer would know that a higher level of scrutiny would be involved. Ms. Horenburger felt that the developer should have the right to appeal any decision to the Oty Commission. Mr. Rumpf advised that staff is recommending that the Planning & Development Board or the Community Redevelopment Agency would be the board to hear the appeals and make the decisions. Appeals to the boards are the final step. The developers could not bring the appeals to the City Commission. S Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Mr. DeMarco pointed out that developers should have an opportunity to try out a color on a wall since small paint chips can be deceiving. Many times the color is much darker on the wall than it appears on the paint chip. Mr. Rumpf felt there would be no problem with the developer splashing paint on the wall to ensure it is the correct color. Mr. Rumpf explained that there will always be a case where someone will not comply with the standards. It might be necessary to include language stating that the board or Commission could approve a project regardless of whether or not it meets the standards. Chairperson Heavilin felt it was necessary to have flexibility since there may be projects in the Heart of Boynton that would not be held to these standards. Mr. Rumpf explained that the majority of the projects in the Heart of Boynton will be residential buildings with bright colors. The "Floribbean" palette is different from the standards indicated. Mr. Fenton would like the word "and" changed to "or" in Number 5. The way it currently reads, review before both boards would be necessary. He is hopeful that the Planning & Development Board will be reviewing the ones outside the CRA and the CRA will be reviewing the projects within the CRA area. Mr. Rumpf confirmed that this was the intent and agreed to change the word "and" to "or". Ms. Horenburger referred to Page 8454C, Item B, Residential, and questioned whether that referred to only new projects or an existing structure. Mr. Rumpf responded that this referred to both changes and new projects. The entire chapter on new construction applies to the project. That text would fall under that chapter. On an existing project, Number 5 applies. Ms. Horenburger questioned how the people owning existing projects would know that they must meet certain regulations. Mr. Rumpf said that the City will have to get the word out. Mail-outs could be used. Mr. Rumpf feels direct notification works best. Ms. Horenburger suggested providing notices to establishments that sell paint. Ms. Horenburger asked what process is in place for existing commercial establishments within the corridor for a change in paint color. Chairperson Heavilin referred to 8454G. Mr. Rumpf referred to the major or minor criteria section in Chapter 4, Site Plan Review. These paragraphs explain what needs to be submitted. Mr. Barretta pointed out that multi-family projects are part of the residential criteria and a Mixed-Use project must follow the commercial criteria. He felt this needed more consideration. Mr. Rumpf explained that a majority of the mixed use projects will be on major corridors and based on the restrictions of Mixed-Use High and Mixed-Use Low. They do not have the same characteristics as residential projects. Mr. Rumpf said compatibility text is included in the guidelines and staff has the ability to review a project against the compatibility text. Mr. Fenton questioned how this would proceed after the CRA review. Mr. Rumpf said the board would not receive a final document. If the CRA feels comfortable with Mr. Rumpfs level of comfort of the compatibility text, then this will move forward. If the board is not comfortable, then the standards would require more language. Mr. Rumpf pointed out that changes that were requested by the Planning and Development Board that dealt with the change in value and rate, the topic of the Heart of Boynton and the Floribbean impact to the CRA, and the "should", and "will" would move forward to the Commission, unless the board is not comfortable with something in the text and would like a change made to the document. 6 ,.,.,,,,,,",,,;~,,,-,,. ,~_.. ,t'''*~'·· I'""!:.t .4 _~,,,,"~.,,,,<,.,..>~ · Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Chairperson Heavilin said the Planning & Development Board recommended that the corridors be expanded to Hypoluxo Road, Miner Road, Lawrence Road, Knuth Road, Quantum, etc. Mr. Fenton wanted to know how many specific changes the CRA asked for and on the color palette, the minimum value they wanted to go to was 8 and they got 9. He felt this was a conflict. Mr. Barretta disagreed because he felt it could be one value in the CRA and another in the remainder of the City. Mr. Myott reminded the members that Mr. Rumpf's recommendation was for 8. Mr. Rumpf said staff will communicate all of the recommendations to the Commission. For the board's edification, Mr. Rumpf enumerated the board's specific changes as follows: 1. The limit to the secondary color is proposed at 25%. It was recommended to add the word "approximately". 2. Allow some wording to provide some flexibility so that it is not required to have all the four different components to the colors - prime or base, secondary, accent, trim. If the building has the physical attributes, architectural character and style, then it would not be required to have all those different colors. 3. Keep the minimum value at 8 versus 9. 4. Change in wording where it describes the appeals boards from "and" to "or". 5. The board expressed great emphasis on getting the word out and educating the public on this. 6. A little bit of concern was sensed on Mixed-Use projects and whether they are Residential or the Commercial (non-residential) category, and compatibility. Chairperson Heavilin announced the public hearing. Commissioner Bob Ensler felt it was appropriate to make some comments on this issue since there has been a great deal of press on this issue. This issue arose out of Commissioner Ensler's concern over the color of several buildings on major arteries throughout the City. In addressing these concerns with Messrs. Bressner and Rumpf, Commissioner Ensler learned that the way the Code is currently written, color is a minor site plan modification that does not require City approval. When the City Attorney got involved, he recommended that the City establish criteria in order to protect the City legally. Commissioner Ensler reviewed documents from 1992 wherein concern was expressed by Commissioners relative to lack of harmony of color of certain buildings. In 1994, there was Commission discussion about making projects more aesthetically pleasing. Even back in the 19705 when Emily Jackson was Mayor, there were discussions about compatibility of structures within the City. Commissioner Ensler reiterated that his major concern was with the major arteries and the commercial areas located along those major arteries. His concern was not with residential. Michael Weiner, Weiner&: Aronson located on Seacrest Boulevard, felt it was good to hear the board state their concern about limiting creativity in Boynton Beach. While there should be community standards, it is important to remember that laws are being legislated. Laws should be a 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 last resort in curbing human behavior. The few times that people have erred in bad taste may not be a reason to put the City into a position of regulating color. It is important not to eliminate quaint. These things give character to a City. It would be a shame to eliminate that possibility. Ms. Horenburger stated the Spinosa theory as quoted by William F. Buckley. "My right to punch you in the nose stops right at the tip of your nose where your right not to be punched begins./f We all need to have a voice and be involved. With no one else wishing to speak, Chairperson Heavilin closed the public hearing. Mr. Barretta commented that staff had done a good job. Chairperson Heavilin referred to the base color and the comment that it be expanded beyond white, beige and gray, to light pastels. It is her opinion that this is too limiting. Mr. Myott felt that these hues would be included in the whites, beiges and grays. There are tints to these base colors. Ms. Horenburger asked that Gulfstream Boulevard be added to the list of major arteries. Mr. Rumpf advised that staff wrestled with what 36th Avenue was and then determined that it is Gulfstream Boulevard. Mr. Hutchinson felt it was necessary to have something to hand out that would show the details of the hues and the ranges. We need to give a more accurate portrayal of the color areas that have been discussed. Mr. DeMarco congratulated the Planning and Zoning Division for a job well done. Mr. Barretta felt that Mr. Rumpf had summarized the board's request very well and he did not feel the need to see the document again. Ms. Horenburger agreed. Messrs. Myott and DeMarco requested a copy of the colors once they are available. Motion Mr. Myott moved to proceed to the City Commission with the board's comments noted. Ms. Horenburger seconded the motion that carried unanimously. New Business A. Abandonment 1. Project: 415 SE 5th Avenue (ABAN 05-002) - 8455 Agent: Jeanne Heavilin, Salefish Realty, Inc. Owner: James E. Ploen Location: 415 SE 5th Avenue Description: Request abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet, immediately north of 5th Avenue South, west of Lot 11, Block B of Pence Subdivision and East of the Florida East Coast Railroad right-of-way Chairperson Heavilin recused herself from the discussion of this case and passed the gavel to Mr. DeMarco. 8 ".....,''''"'','''_.,_.,----,.......,.,'''''',."''',',.,.''^~-_.." V. ADMINISTRATIVE ITEM A. APPLICANTS ELIGIBLE FOR APPOINTMENT 08/16/05 LAST FIRST 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION NAME NAME SUBMITTED Barnes Matthew Community Redev. Planning and 7/27/05 Agency Develooment Bd Broenig Gerald Planning & Community 4/11/05 Development Board Development Aqencv Buchanan Susan Education Advisory 8/12/05 Board Fitzpatrick Michael Planning & 2/25/05 Develooment Board Grcevic Sharon Planning and 12/20/04 Develooment Board Lender Wayne Community 1/28/05 Redevelopment Aqencv Lentz Barbara Arts Commission 7/7/05 McMahon James Recreation & Parks Planning & 1/8/05 Board Development Board JAP 8/12/20054:17 PM S:\CC\WP\BOARDSIAPPMENTS\Board Year 2005IAPPLlCANTS ELIGIBLE FOR APPT 08 16.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.1 AGENDA ITEM REQUEST FOR1\-. Requested City Commission Date Fina] 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 D August 2, 2005 July] 8,2005 (Noon.) D October 5, 2005 September] 9,2005 (Noon) [g) August] 6, 2005 August ],2005 (Noon) D October 18, 2005 October 3. 2005 (Noon) D September 6, 2005 August] 5,2005 (Noon) D November], 2005 October] 7,2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November ]5,2005 October 3 1,2005 (Noon) D Administrative D Development Plans NATURE OF [g) Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal ~-- D Bids D UnfInished Business ;~ ..:-~ D D Presentation L Announcement .-"\-: ¡ " D City Manager's Report -- CD r,.) , / - ~ \....0 -...... .. ....-'.. ~.-.",-- RECOMMENDATION: A motion to approve a "piggy-back" of the NORTHERN PALM BEACH-eo~ IMPROVEMENT DISTRICT (NPBCm) PROJECT #1250 to Shenandoah Construction of Pompano Beaflr, Flo-.f@t for Wet Well Maintenance to Master Lift Station #317 located at Boynton Beach Blvd., just West ofCongr& A~ with an estimated expenditure of $56,320.00. ~ -rr¡ (..,.:; <Jþ ¡'In EXPLANATION: This Master Station has experienced a couple of force main breaks on the line directly outside iÌïe station, which have allowed a significant amount of dirt and sand to enter the system. PROGRAM IMP ACT: The lift stations require continual repairs and maintenance by outside contractors. The scope of work will include plugging of the collection manhole directly outside the wet well and bypassing the lift station. While on bypass, a crew from Shenandoah will clean out the wet well, removing all of the sand and debris. This will allow for proper storage of wastewater in the well and also eliminate above normal amounts of sand being pumped, which cause premature pump failure or damage. FISCAL IMPACT: ACCOUNT#: 401-2816-536-49-17 .~~ Mary Munro Assistant to the Finance Director Procurement Services S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM ,DOC C: Tony Lombardi - Wastewater Collection Supervisor File Memorandum RECEIVED Utilities # 05-90 JUL 1 1 2005 To: Mary Munro PROCURE~ SERVICEb Ass!. to Finance Director ~ 1 I From: Kofi Boateng ~ ~~ Utilities Director \ Date: July 7, 2005 Subject: "Piggy-Back" Shenandoah Construction contract w/Northern Palm Beach County Improvement District (NPBCID) Project No. #1250. Agenda Item. The Utilities Department would like authorization to piggy-back the NPBCID contract with Shenandoah Construction for wet well maintenance to Master Lift Station #317. Master Lift Station #317 is located on Boynton Beach Blvd. Just west of Congress Avenue. This Master Station has experienced a couple of force main breaks on the line directly outside the station, which have allowed a significant amount of dirt and sand to enter the system. The scope of work will include plugging of the collection manhole directly outside the wet well and bypassing the lift station. While on bypass, crews from Shenandoah will clean out the wet well, removing all of the sand and debris. This will allow for proper storage of wastewater in the well and also eliminate above normal amounts of sand being pumped, which cause premature pump failure or damage. During the bypass, staff will also have Global Tech Engineering perform an inspection of the wet well. The amount for their services will be approximately $2,500 dollars under our RFQ for Engineering Services. We will be looking for any significant damage to the condition of the concrete walls. Funding is available in account # 401-2816-536-49-17. In the amount of: $56,320.00. Please present this at the next City Commission meeting for their approval. If you have any questions I can be reached at ext. 6401 or Tony Lombardi at ext. 6421. Cc: Pete Mazzella Tony Lombardi Jim Hart Barb Conboy ISHEN A~~s~u~:~! I 188R N.W, nND Street Pompano Beach, FL 33069 (954) 975-0098 Fa~: (954) 975·9718 PROPOSAL #6685 DATE; 06/14/05 SUBMIITED TO: City of Boynton Beach STREET: 124 E. Woolbright Road CITY, STATE & lIP: Boynton Beach, FL. 33435 PHONE: 561-742-6412 FAX; 561-742-6298 JOB LOCATION: LS 3 7 ATTENTJON: Tony Lombardi We propo$c to provide services, for cleaning Líft station #3 7. Scope of work is as follows: - 1) Provide and set-up two bypass pumps for duration of work. 2) Provide and În...tall two air pllJec; into ernvily m:'lln - 3) Provide 24-hour watch for pumps_ 4) Provide crew and all necessary equipment to clean and remove debris from 1ift stations_ Estimated time to complete above work: 2 wcck~. We ct:ITrently hold the North Palm Beach County Improvement District contract project # 1250. We can offcr the City of Boynton Beach to piggyback this contract for the above work. Item # 82-Construction Forman 160 hrs @ $50.00 per hr = $8,000.00 Item # 83-Laborcr 512 hrs @ $35.00 per hr ~ $17,920.00 Item # 2-Bypass pumping 576 hrs @ $50.00 per hr ~ $28.800.00 Item ff91-100 CFM A/CompressoT fOT Venting Lift station }60 hrs @$10.00 per hr = $1,600.00 Estimated cost: $56,3:20.00 N"t~: Di~p().:IlIl of materials to be set lip for di:¡po~a¡ at rcgloMl facjJjty by tht; City of OQy:nton )t;;nçh. This proposal may be withdrawn if not accepted within 30 days. Payment terms net 30 days. An materÎal is guaranteed tó be as specified. An work to be completed in a workmanlike manner A('r.(I~tiin2 to c;t~n(tsmf 'It'1Icrj(',e!;. Prj~c Ahnvc j~ nnly An ('t;tímAtt' flf for~~Mn r.on.;rtion$, UnfOrl>.Sl;!pn conditions can affect the amount of time to complete the work, therefore increasing or decteasing estimate. An agreements are contingèT1t upon strikes. accidents or delays beyond our control. Owner is to caITY fire. tomado and othcr necessary Insurance. Our w rkern arc fUlly ~o'Vcrcd by Workman's co:ø;;~.~~ Insurance. \ - :; SIGNA TURE: A ø"?i7-.$- DATE 06114/05 ACCEPTANCE OF PROPOSAL / SIGN & RETURN The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: DATE: REPRESENTATIVE: TilL£:;; I SHENANDOAH I 3RD ROCK REST" INC. I QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1, 4" Hydraulic Pump 40 S 5,00 $ 200,00 $ 140,00 S 5,600,00 2, 6" Hydraulic Pump 40 S 50,00 $ 2,000,00 $ 240,00 $ 9.60000 3, 8" Hydraulic Pump 40 S 10,00 $ 400,00 $ 340,00 $ 13,600,00 $ 2,600.00 $ 28,800,00 4, Light Cleaning of 15" Pipe 100 $ 3,00 S 300,00 $ 13,50 $ 1.350,00 5, Light Cleaning of 18" Pipe 100 $ 3,50 S 350.00 $ 14,00 $ 1,400,00 6, Light Cleaning of 24" Pipe 100 S 4,00 $ 400,00 $ 14,50 $ 1,450,00 7 Light Cleaning 01 30" Pipe 100 $ 5,00 $ 500.00 $ 16,00 $ 1,600,00 8 Light Cleaning of 36" Pipe 100 S 6,00 $ 600,00 $ 18,50 $ 1,850,00 g, Light Cleaning of 42" Pipe 100 $ 7,00 $ 700,00 $ 19,00 $ 1,900,OO 10, Light Cleaning of 48" Pipe 100 $ 8,00 $ 800,00 $ 20,00 $ 2,000,00 11, Light Cleaning 01 54" Pipe 100 $ 9,00 $ 900,00 $ 22,00 $ 2,20000 12, Light Cleaning of 60" Pipe 100 $ 9,00 $ 900,00 $ 24.00 $ 2,400,00 13, Light Cleaning of 66" Pipe 100 $ 10,00 $ 1,000,00 $ 25,00 $ 2,500,00 14, Light Cleaning of 72" Pipe 100 $ 11,00 $ 1,100,00 $ 28,00 $ 2,800,00 15, Light Cleaning of 84" Pipe 100 S 11,00 $ 1,100,00 $ 29,00 $ 2,900,00 16, Light Cleaning of 96" Pipe 100 S 11,00 $ 1,100,00 $ 30,00 $ 3.000,00 $ 9,750.00 $ 27,350.00 17, Med, Cleaning of 15" Pipe 100 S 5,00 $ 500.00 $ 17,55 $ 1,755,00 18, Med, Cleaning of 18" Pipe 100 S 5,50 $ 550,00 $ 18,20 $ 1,820,00 19. Med, Cleaning of 24" Pipe 100 $ 6,00 $ 600,00 $ 18,85 $ 1.885,00 20. Med. Cleaning of 30" Pipe 100 $ 7,00 $ 700,00 $ 20,80 $ 2,080,00 21, Med. Cleaning of 36" Pipe 100 S 8,00 $ 800,00 $ 24,05 $ 2,40500 22, Med. Cleaning of 42" Pipe 100 $ 9,00 $ 900,00 $ 24,70 $ 2,470,00 23, Med. Cleaning of 48" Pipe 100 $ 16,00 $ 1,600,00 $ 26,00 $ 2,600.00 24, Med, Cleaning of 54" Pipe 100 $ 18,00 $ 1,800,00 $ 28,60 $ 2,860.00 25, Med, Cleaning of 60' Pipe 100 $ 19.00 $ 1,900,00 $ 31.20 $ 3,120,00 26, Med, Cleaning of 66" Pipe 100 $ 19,00 $ 1,900,00 $ 32,50 $ 3,250,00 27, Med. Cleaning of 72" Pipe 100 $ 20,00 $ 2,000,00 $ 36.40 $ 3,640.00 28. Med, Cleaning of 84" Pipe 100 $ 25,00 $ 2,500,00 $ 37,70 $ 3,770,00 29, Med, Cleaning 01 96" Pipe 100 S 30,00 $ 3,000,00 $ 39,00 $ 3,900,00 $ 18,750,00 $ 35,555.00 30, Heavy Cleaning 01 15" Pipe 100 $ 6,00 $ 600,00 $ 23,62 $ 2,362,00 31, Heavy Cleaning of 18" Pipe 100 $ 7,00 $ 700,00 $ 24,50 $ 2,450,00 32, Heavy Cleaning of 24" Pipe 100 $ 8,00 $ 800,00 $ 25,38 $ 2,537.50 33, Heavy Cleaning of 30" Pipe 100 $ 9.00 $ 900,00 $ 28,00 $ 2,800,00 34, Heavy Cleaning of 36" Pipe 100 $ 11,00 $ 1,100,00 $ 32,38 $ 3,237,50 35, Heavy Cleaning of 42" Pipe 100 $ 18,00 $ 1,800.00 $ 33,25 $ 3,325,00 36, Heavy Cleaning of 48" Pipe 100 $ 20,00 $ 2,000,00 $ 35,00 $ 3,500,00 37, Heavy Cleaning of 54" Pipe 100 $ 25,00 $ 2,500,00 $ 38,50 $ 3,850.00 38, Heavy Cleaning of 60" Pipe 100 $ 30,00 $ 3,000,00 $ 4200 $ 4,200,00 39, Heavy Cleaning of 66" Pipe 100 $ 35,00 $ 3.500,00 $ 43,75 $ 4,375,00 40, Heavy Cleaning of 72" Pipe 100 $ 40,00 $ 4,000,00 $ 49,00 $ 4,900.00 41, Heavy Cleaning of 84" Pipe 100 $ 45.00 $ 4,500.00 $ 50.75 $ 5,075,00 42, Heavy Cleaning of 96" Pipe 100 $ 50,00 $ 5,000,00 $ 52,50 $ 5.250,00 $ 30,400,00 $ 47,862.00 43, Spec, Cleaning of 15" Pipe 100 $ 10.00 $ 1,000,00 $ 27,00 $ 2,700.00 44. Spec, Cleaning of 18" Pipe 100 $ 10,00 $ 1,000.00 $ 28.00 $ 2,800,00 45, Spec, Cleaning of 24" Pipe 100 $ 10,00 $ 1,000.00 $ 29,00 $ 2,900,00 46, Spec, Cleaning of 30" Pipe 100 $ 20.00 $ 2,000.00 $ 32.00 $ 3,200,00 47, Spec, Cleaning of 36" Pipe 100 $ 20,00 $ 2,000,00 $ 37,00 $ 3,700,00 48. Spec, Cleaning of 42" Pipe 100 $ 20,00 $ 2,000.00 $ 38,00 $ 3,800.00 49, Spec, Cleaning of 48" Pipe 100 $ 50,00 $ 5,000,00 $ 40,00 $ 4,000,00 50, Spec, Cleaning of 54" Pipe 100 $ 50,00 $ 5,000,00 $ 44,00 $ 4,400,00 51, Spec, Cleaning of 50" Pipe 100 $ 75,00 $ 7,500.00 $ 48,00 $ 4,800.00 52, Spec, Cleaning of 66" Pipe 100 $ 75,00 $ 7,500,00 $ 50,00 $ 5.000,00 53, Spec, Cleaning of 72" Pipe 100 $ 75.00 $ 7,500,00 $ 56,00 $ 5.600,00 54, Spec, Cleaning of 84" Pipe 100 $ 75,00 $ 7,500,00 $ 58. 00 $ 5,800,00 55, Spec, Cleaning of 96" Pipe 100 $ 75,00 $ 7,500,00 $ 60,00 $ 6,000,00 $ 56,500.00 $ 54,700.00 56, Slip Lining 15" Pipe 100 $ 35,00 $ 3,500,00 $ 66,00 $ 6,600.00 57, Slip Lining 18" Pipe 100 $ 37,00 $ 3,700,00 $ 77.00 $ 7,700,00 58, Slip Lining 24" Pipe 100 $ 51,00 $ 5,100,00 $ 100,00 $ 10,000,00 59, Slip Lining 30" Pipe 100 $ 74.00 $ 7,400,00 $ 145,00 $ 14,500,00 60, Slip Lining 36" Pipe 100 $ 100,00 $ 10.000,00 $ 185,00 $ 18,500,00 61, Slip Lining 42" Pipe 100 $ 130,00 $ 13,000,00 $ 260,00 $ 26,000,00 62, Slip Lining 48" Pipe 100 $ 169,OO $ 16,900,00 $ 358,00 $ 35,800,00 63, Slip Lining 54" Pipe 100 $ 210,00 $ 21,000,00 $ 545,00 $ 54,500,00 64, Slip Lining 60" Pipe 100 $ 205,00 $ 20,500,00 $ 630,00 $ 63,000,00 65, Slip Lining 66" Pipe 100 $ 315,00 $ 31,500,00 $ 700,00 $ 70,000,00 66, Slip Lining 72" Pipe 100 $ 270,00 $ 27,000,00 $ 785,00 $ 78,500,00 67, Slip Lining 84" Pipe 100 $ 312,00 $ 31,200.00 $ 945.00 $ 95,500,00 Correctíon $ 945,OO $ 94,500,00 68, Slip Lining 96" Pipe 100 $ 380,00 $ 38,000,00 $ 1,078,00 $ 107,800,00 $ 228,800.00 $ 587,400,00 69, CIPP 15" Pipe a, 15" x 100 $ 60,00 $ 6,000,00 $ 66,00 $ 6,600.00 b.15"x 100 $ 65,00 $ 6,500,00 $ 66.00 $ 6,600,00 70, CIPP 18" Pipe a.18"x 100 $ 70,00 $ 7,000,00 $ 77.00 $ 7.700.00 b.18"x 100 $ 75,00 $ 7,500,00 $ 77,00 $ 7,700,00 71. CIPP 24" Pipe a. 24" x 100 $ 80,00 $ 8,000,00 $ 99,00 $ 9,900,00 b, 24" x 100 $ 85,00 $ 8,500,00 $ 110,00 $ 11,000,00 72. CIPP 30" Pipe a,30"x 100 $ 110,00 $ 11,000,00 $ 132,00 $ 13,200,00 b, 30" x 100 $ 120,00 $ 12.000,00 $ 154,00 $ 15,400.00 73, CIPP 36" Pipe a, 30" x 100 $ 130,00 $ 13,000.00 $ 176.00 $ 17,600,00 b. 30" x 100 $ 150,00 $ 15,000.00 $ 19B,OO $ 19,BOO,OO 74, CIPP 42" Pipe a,42"x 100 $ 165.00 $ 16.500,00 $ 253,00 $ 25,300,00 b, 42" x 100 $ 1B5,OO $ 1B,500,OO $ 275,00 $ 27,500,00 75, CIPP 4B" Pipe a, 4B" x 100 $ 225,00 $ 22,500.00 $ 319.00 $ 31,900,00 b, 4B" x 100 $ 245,00 $ 24.500,00 $ 396,00 $ 39,600,00 76, CIPP 54" Pipe a, 54" x 100 $ 3B5,oo $ 3B,5oo,OO $ 506,00 $ 50,600,00 b, 54" x 100 $ 420,00 $ 42,000.00 $ 550,00 $ 55,000,00 77, CIPP 60" Pipe a, 60" x 100 $ 525.00 $ 52,500,00 $ 594,00 $ 59,400,00 b, 60" x 100 $ 575,00 $ 57,500,00 $ 660,00 $ 66,000,00 7B, CIPP 66" Pipe a, 66" x 100 $ 650,00 $ 65.000.00 $ 6B2,oo $ 6B,200,OO b, 66" x 100 $ 690.00 $ 69,000,00 $ 704,00 $ 70,400.00 79. CIPP 72" Pipe (30.4 mm) 100 $ 755,00 $ 75,500.00 $ 7B1,OO $ 7B,100,OO BO, CIPP 84" Pipe (35.5 mm) 100 $ B30,OO $ B3,000.00 $ 946.00 $ 94,600,00 B1, CIPP 96" Pipe (40,6 mm) 100 $ B90,oo $ B9,000.00 $ 1,078.00 $ 107,800,00 $ 748,500.00 $ 889.900,00 B2, Construction Foreman 180 $ 50,00 $ 9,000,00 $ 50,00 $ 9,000.00 B3. Laborer 180 $ 35,00 $ 6,300.00 $ 30,00 $ 5,400,00 B4, Pipe Layer 1BO $ 15.00 $ 2,700.00 $ 40,00 $ 7,200,00 B5, Excavator/Backhoe 40 $ 125,00 $ 5,000.00 $ 430.00 $ 17 ,200,00 B6, Wheel Loader 40 $ 100,00 $ 4,000.00 $ 430,00 $ 17 ,200.00 B7, Backhoe Loader 40 $ 50,00 $ 2,000,00 $ 175.00 $ 7,000,00 B8. Bulldozer, Cat D-3 40 $ 15,00 $ 600.00 $ 430,00 $ 17,200,00 B9, Double Drum Compactor 40 $ 5.00 $ 200.00 $ 175,00 $ 7,000,00 90, Vibratory Plate, Compactor 40 $ 5,00 $ 200,00 $ 70.00 $ 2,Boo,OO 91, 100 C,F,M, Air Compressor 40 $ 10,00 $ 400,00 $ 175,00 $ 7,000.00 $ 30,400.00 $ 97,000.00 92, Generator w/ Mast Lighting 24 $ 5,00 $ 120,00 $ 25,00 $ 600.00 93. Well Point Equipment 16 $ 100.00 $ 1,600,00 $ 762,00 $ 12,192.00 94, Dump Truck 160 $ 30,00 $ 4,BOO,oo $ 75,00 $ 12,000,00 95, Gradall Model XL 4100 160 $ 25,00 $ 4,000,00 $ 175.00 $ 2B,000,OO 96. Hydraulic Rough Terrain 16 $ 50,00 $ BOO,OO $ 430.00 $ 6,BBO,OO 97, Roller Compactor 40 $ 20,00 $ Boo,OO $ 125,00 $ 5,000.00 9B, Skid Steer Loader 40 $ 20,00 $ BOO,OO $ 175,00 $ 7,000,00 99. Grader 16 $ 20,00 $ 320,00 $ 225,00 $ 3,600,00 $ 13,240.00 $ 75,272.00 100, Long Stick Excavator 40 $ 145.00 $ 5,BOO,OO $ 450.00 $ 1B,ooo,OO 101, Sill Screen Installation 10 $ 10,00 $ 100,00 $ 150,00 $ 1,500,00 $ 5,900.00 $ 19.500.00 102A Diving Crew (3 man team) 120 $ 160,00 $ 19,200,00 $ 1B7,50 $ 22,500.00 102.B Diving Crew (4 man team) 120 $ 160,00 $ 19,200,00 $ 225,00 $ 27,000.00 $ 38,400.00 $ 49,500.00 103, Driveway Restoration 500 $ 5,00 $ 2,500.00 $ 35,00 $ 17,500.00 104, Pressure Grout Injection 20 $ 200,00 $ 4,000,00 $ 225,00 $ 4,500,00 105, Bahia Sod 500 $ 5,00 $ 2,500.00 $ 4.50 $ 2,250,00 106, Rip Rap Rubble 50 $ 50,00 $ 2,500,00 $ 300,00 $ 15,000,00 107, Pavement 500 $ 21.00 $ 10,500,00 $ 25,00 $ 12,500,00 10B, Concrete sidewalk (4") 500 $ 10.00 $ 5,000,00 $ 30.00 $ 15,000,00 109. Concrete sidewalk (6") 500 $ 10,00 $ 5,000.00 $ 35.00 $ 17,500,00 $ 32,000.00 $ 84,250.00 110, Video Logs...Pipe 15" 100 $ 2,00 $ 200.00 $ 21.00 $ 2,100,00 111. Video Logs...Pipe 1B" 100 $ 2,00 $ 200.00 $ 21.00 $ 2,100,00 112. Video Logs, ..Pipe 24" 100 $ 2,00 $ 200.00 $ 21,00 $ 2,100.00 113. Video Logs,..Pipe 3O" 100 $ 2,50 $ 250.00 $ 22,00 $ 2,200.00 114, Video Logs..,30" Pipe 100 $ 2,50 $ 250.00 $ 23.00 $ 2,300.00 115. Video Logs...36" Pipe 100 $ 3.00 $ 300,00 $ 24.00 $ 2,400.00 116, Video Logs..,42" Pipe 100 $ 3,00 $ 300,00 $ 25.00 $ 2,500.00 117, Video Logs.AB" Pipe 100 $ 4,00 $ 400,00 $ 26.00 $ 2,600,00 11B, Video Logs...54" Pipe 100 $ 4,00 $ 400,00 $ 27,00 $ 2,700,00 119. Video Logs.. ,60" Pipe 100 $ 5,00 $ 500,00 $ 2B,OO $ 2,Boo.00 120, Video Logs..,66" Pipe 100 $ 5,00 $ 500.00 $ 29,00 $ 2,900,00 121, Video Logs.. .72" Pipe 100 $ 5,00 $ 500.00 $ 30,00 $ 3,000,00 122. Video Logs...84" Pipe 100 $ 5.00 $ 500,00 $ 31,00 $ 3,100,00 123, Video Logs.., 96" Pipe 100 $ 5.00 $ 500,00 $ 32,00 $ 3,200,00 $ 5,000.00 $ 36,000.00 TOTAL $ 1,220,240.00 TOTAL $ 2,033,089.00 K. Daníel5fUJllowi! l'f - Gary M. Kayman, 's.M. Warren H. Newell J I N,G. 8rian J llIMotlt, p.E. J(f!/Ih B. Ja,hnn. PF, Engineers SUfveYDrs GIS Mappers Lisa A. rropepe, P.E. "'''~''Io.':~9fIor4i.-'':J._·6J&'\'-:iI'''''''',f~.''.-'''''''¡;'M.~~ìI~----~_.I~~~- ~~ Shalloway Engineering NOTICE OF AWARD July 21,2004 Mr- Daniel Dimura, Vice President Shenandoah Cener~1 Construction Co. 1888 NW 22M Street Pompano Beach, FL 33069 RE; ANNUAL REPAIR/MAINTENANCE OF WATER CONTROL STRUCTURES, PIPES AND STORM DRAINS PROJECT NO. 1250 SFRN PROJECT #N.AOOO8 Dear Mr. Dimura, On 6/23/04 the Northern Palm Beach County Improvement Dìstrict (NPE :;10) approved aW::Ird of the Contract for construction of the above referenced project to {our company based on your bid dated June 21, 2004, in the amount of $1,220,240.00- You are required by the Contract Documents to execute the Agree, lent, Contractor's Corporate Resolution and provide the required insurance certifìcate~ and Construction Bonds within fifteen (1~) days of this Notice of Award. Transmitted her with are six (6) duplicate sets of the project Manual. Five (5) sets are to be properly exe uted in accordance with the following directions and retumed to us for transmittal tt the Owner. The sixth set is for vour insurance aaent amJ does not need to be retl "nod (please make sure they receive it). 1. Complete the lump sum amount use words and figures then initi il on 00500-1 of the Agreement and sign Page 00500-5 of the Agreemer that ís contained in each Project Manual. DO NOT date any of the See ions of the Agreement. 2. Please complete and sign Page 00502-1 titled "Contractor's Cor¡: )rate Resolution" contained in each Project Manual in accordance wit the formalities set forth therein. This will be the only Sectíon you date. 3. Please provjd~ for the Owner and Engineer Certificates of Insu anCE? reflecting your company's Worker's Compensation and the )ther Insur~Jnce coverage that must equal or exceed the coverage requír d by the Contract Documents on Supplemental Condition pages 00 00-3 through 00BOO-5. Five (5) Certificates should be addressed to the ( #ner (NPBCID) and five (5) lo ~he Dístrict Cngineer, (SFRN, Inc.) a the Certificate Holder. All of the additional insureds listed in paragraph 5.3.9 NOTICE OF AWARD .21..04 SFRN PROJECT t 1·1609 I LO I Belvedere Road, West Palm Beach, FI. 33405 m. (561) 655·1151 {AX: (561) 8~taS'Wy < .2004 E-Mail: info@s!rni¡¡c.com Officiof Website; www.sffllinc.com ",,,..,,,,,--_.:~ 'W- -J- ._,~.. -.______'".,~_..""" .- . of the Supplementary Conditions should be typed in the descri tion portion of the Certifìcate along with the Project Name. Please make jure your insurance agent has carefully read the contract requirements b, fore preparing the Certificates. Important information is highlighted Nith paperclips in the "Insurance Copy" provided. Our experience is that 10st "standard" Certificates do not comply ith the Contract requirement~ and are therefore not acceptable. The ost common omissions are the listings of the "Project Name" and me "additional Insureds" in the description tJox and the clause "30 da cancellation" in the cancel! !tion box which should reod "zhould any 0 the QbOVê d~scribed rnlir.iF. ; he cancelled before expiration date thereo , the issuing insurer will mail "Iirty (30) days written notice to the œrtificat holder named to the left." Please ~xecute the "ttached copy of this Noti of ^ward where provided t ~Iow and return ítto me. S n J. LaMotte. P.E. Vi e President BJUdlh C' O'Neal Bardin, Jr., Exec. Uir. Anthony Las Casas, P. E. Kenneth Edwards, Esq. Notice of Award is hereby a knowledged this 2 da' of . 2004 by: Ti Ie NOTICE OF .AWARD; 21-04 SFRN PROJf;:CT,# -1$09 .=ebruary 2, '-(104 , Please execute the Notice to Proceed where provided below and r )turn one (1) copy to us immediately. Please contact me if you have any questìor ;. Sincerely, ~~ Brian J. LaMotte, P.E. Vice President BJLldlh Ene, c: QNeal Bardin, Jr., NPBCID Anthony Las Casa~, NPRCln Kenneth Edwards, Caldwell & Pacetti l-{ec81pt of this Notice to proc ~ed is here~ged this 5.!. day of . , ,2004, b) ~l~ ))t Dv\ ~ ~ ~ NaVß__ \ ~ Signature (/f) - Title . ANNUAL REPAIRlMAlNT OF" ATER CONTROL. STRUCTURES, PIPES AND STORMIJ :AIN$ NOTICE TO PROCEED..! 27'()4 .,__"~,~_.>~~>_M.~_~~.~~_"·~~"~~.~"'''''''''''''''''''''"''_'.'·''''Ù_<-Y'"._.,,' K. (JaníeI5haloWl1~ P. f Gory M. Rayman, .S.M, W¡¡II~11 N. Nc."r:l1 ~INC. BriaR 1. laMoND, P.E. Keith B. Jackson, P.E. Engineen Su("er,)I~ GIS Mappers USlJ A. Trll{IIJ(lII, PF .......' --.........-.""'-.-...-....- P".-"'" ~ ____M'~ 1 ShnllowlJY Engineering NOTICE TO PROCEED ....11 August 27, 2004 Mr. Daniel Dimura, Vice President Shenando~h General Construction Co. 1888 NW 22nct Street Pompano Beach, FL 33069 RE: ANNUAL REPAIR/MAINTENANCE OF WATER CONTROL STRUCTURES, PIPES AND STORM DRAINS PROJECT NO. 1250 SFRN PROJECT #N.AOOO8 Dear Mr. Dimura, " The Owner has executed the Agreement on August 25, 2004, ar i we have been authorized to issue this Notice to Proceed. The Contract Tim: will commence to run from October 1 , 2004 to September 30, 200b. At 0", 1er'S discretion, annual extensions may be given for two additional years for e total Contract penod of three years. Your copy of the executed Agreement is enclosed. Also enclosed ap four (4) copies of the Notice of Compliance with Chapter 556, Florida Statutes I =orm 00630). Please execute the enclosed fnrms in accordance with the requirer ients of the statute and return them to us as soon as possible, . We are also returning the Bid Bond security which you submitted witt your bid. ANNUAL REPAIRlMAINi OF \rATER CONTROL STRUCTURES, PIPES AND SYORM 'RAINS NOTICI! TO PROCEeD 1-17-04 ¡ 20 ¡ Be/vedm Rood, Wl'st Pnlm Rp.nrh. f/ ,B40lj TEl: (561) 655·] 151 FAX: (56/) 832·9390 [-Mail: ¡,do@sfrllincwr7I Officiol W&bsire: www,sfrninuom . I (V fß I D I BID SHEET I WATER CONTROL STRUCTURES, PIPE AND STORM DRAINS, REPAIR/MAINTENA CE I All blank~ have been fillcd in, 810 SHEET is attached to thê completed "Invitation Fe . Bid" and returned herewith. In accordance with all terms, c;onditions, specifications and requirements, the bidde offers the I following: A. PUMPING (ITEMS 1 THRU 3) t I ESTIMATED ITEM ANNUAL UNIT T )TAL I NO. QUANTITY DESCRIPIION PRICE P ~ICr: 1, 40 Hr3. 4" Hydraulic Pump (with 400' I a. of Discharge Hose) $ 5.00 IHr. $ 200.00 2. 40 Hrs. 6" Hydraulic Pump (with 400' a. discharge hose) $ 50.00 ¡Hr. $ 2tOOO.Oo . .. - _M,......J,.,-.·..-. v'".., I NAME OF COMPANY: Shenandoah Genèral Construction Company I I BQF-1 of 15 . I Bid Form Revised 5/11104 BIU ~HEET (Continued) WATER CONTROL STRUCTURES. PIPE AND STORM DRAIN~ REPAIR/MAINTENANCE H. PIPE AND HEADWALL REPAIR (ITEMS 82 THRU 9·1) , . ESTIMATED ITEM ANNUAL UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE , 82. 180 He Con~truction Foreman $ 50.00 IHr. $ 9.000 .00 83. 180 Hr. Laborer ' $ 3}. 00 ¡Hr. $ 6 ,30e 00 84. 180 Hr. Pipe Layer $ 15.00 /Hr. $ 2,700 00 85. 40 Hr. Excavator/Backhoe, Cat ??50r equal" $ 125.00 IHr, $ 5,000 00 86. 40 Hr. Wheel Loader, , Cat 926 or equalW $ 100.00 ¡Hr. $ 4,000 00 87. J 0 Hr, Backhoe Loader, Cat 416 or equal* $ 50.00 ¡Hr. $ 2.000 00 88. 40 Hr. Bulldozer, Cat D-3 or equa'" $ .1.5.00 /Hr. $ 600 00 80. 40 '·Ir. Double Drum Compactor Wacker W7 4 or equal'" $ 5.00 {Hr. $ 20 .00 90. 40 Hr, Vibratory Plate, Compactor WackerVPR 1740, or equal" $ 5.00 ¡Hr. $ 201 .00 91, 40 Hr. 100 C.F.M. Air Compressor with Hammer'" $ 10.00 IHr. $ 401 .00 ~UBTOrAL "H" (Items 82~91) $ j 30 , 400 . I 2 NAME OF COMPANY: Shenandoah General Construction Company - . SQF-9 of 15 Bid Form Revised 5/11104 " Sent By: PJK INSURANCE INCj 9549695292j Nov-16-04 4:34PMj Page 1/1 ACORI).. CERTIFICATE OF LIABILITY INSURANCE CSR JIll I DATI!(MMIDDNVYY} SIIBlfA-1 11/16/04 PRODUCER THIS CeRT1f1CATE as ISSUED AS A MATTER OF INfORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.J.lt. :ntS'C'RAHCZ . :tHC. HOLDER. THIS CERTifICATE DOES NOT AMEND. EXTEND OR 2500 NORTH POWDL:rn ROAD AI.. TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POKPANO BBACK I'll 33069 Phone; 954-979-5855 Pax;'S4-'79-6788 INSURERS AFFORDING COveRAGE NAIC , -.., .~........_.." . ,...-- -",,..,._,,.,~.,,. IHSURED INSURER A' ~~Icø: »ØR:ICAH DlSURANCK IN&uReA 9; 011.." c..\U'1~r J""""....,. CD. Shenandoah General -.......-.......'...,..-., -"" Construction C9DPaD¥, Ino. INSUFUiR c: HARBOR SPBCIALTY INS. CO. , . ,._.,., n..'.',·,_ ____.._,__ 1888 N.W. 22 Str..t INSOFlER D: Pompano Beach rL 33069 INSUFlER E; COVERAGES nŒ POlICIES Of' INSURANCE lISTED BElOW H4V1õ lISEN ISSUED TO THE INSURED NAMED AIIOvE FOR THE POliCY P¡~ INOICA1ED. NOTWITHSTANDING ANY fEQUIREMENT, TERM OR CONDITION OF AIfY CON1'AACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS œfl.T\F1CATE MAY BE 1981Ja) OR MAY paiTAIN. THE INSURANCE AFFORDED 8Y THE POlICe DESCRIBED HEREIN ~ SUBJECT TO All THE TERMS. EXClllS1ON$ ,toND CONDtTION$ OF SUCtt POUCIES. AGGFIEGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS, --.~_.... .. .....-- ",_h. DArri~~ ------'. ,.~'_.,'_..._._-- --..-,.---.. I.TR Nail TYPE! OF INSURANCE I'OUCY NUMBER uurrs GENERAl. UABlUTY EACH OCCURRENCE $1,000,000 - A X COMMERCIA\. GENERAl. LIABilITY CP0930830000 12/31/03 12/31/04 PRËMtæs lEa occuténc.) $ 50 ~ ~_~C? - ~ CLAJU$ MI\DE ŒJ OCCUR ~¥?!._(Any "".I*$OIi) , 5, 000 - JtCU ~!,~~li ty COIn'RACTUAL PER:soNAl & ADV ItLIURY $ 1, 000,000 ..I·.......r.····.--.-'-- ...,.~ Broad rorm PD GENERAL AGGREGATE , 2 . 000, .~_C!.()._ GEN'I. AGGREGATE LIMIT Af'PI.IEô peR: PRODUCTS - COMPiOf' AGO 52,000,000 ¡/"OLICY !Xl ~ n LOC ....---.......... .......... .~OIIOBILE UAfIIUTY' '.' COMB'NED SINGLE LIMIT $ 1, 000,000 A ..!. my AUTO BA.Pn0830100 12/31/03 12/31/04 (Eø ØCCIdent) "" - AU. OWNED AUTOS 900II. y NJU~y (Perper500) $ SCHeDUlED AUTOS -. --.--.-..-- X HIRED AUTOS 900Il y INJUI'1Y -. (Per accident) $ X NON.()WNa> AUTOS I '.," , .--- -".,... - _n_ '. ,.- f'ROPIORTY DAMAGE $ (per accident) OAIWIE LlMlLITY AUTO ONLY - Ell ACCIDENT 5 l AAV AUTO ..---- OTHER THAN EA ACe S _.-. Aú'TOONl.Y: ...00 S E)(x;1!S8IUU81ŒLlA LUIIJIL.'TY EACH OCCURRENCE $5,000,000 !J'OCCUR D CLAIMS MADE .", .. .... B 8XO-52806588 12/31/03 12/31/04 AGœEGA.TE $ !?_' 000,000 .-_. , ,- --..--.. :;l DEDUCTIeI..E S -, ..nO X Ri;TEN1101\1 sO $ wotUŒR5 COIll'EMllATION AND _x"ITORYUMITS I IV~' c ÐII't.(JYERS' L/AIILITY 99-4501-0 01/01/04 01/01/05 E.L. EACH ACCIDENT $ 1.000000 ANY PAOPIUETORJPAJmI~UTI\IE èL DISEASE . EA D;LOYEE _..,~ ,. OFFIŒMEMBER EXQ.UIJED? $1000000 =. deP;ritIe uI"\!et E.\.. OI~· POLICY LIMIT $ 1000000 CIAl PACM6/ONS b.!aw OffiER DescRIPTION 01' oPEfIATION8 f LOCATIOI'$' VEt«:LEB f EXCLUSIOftS ADDI!Ð BY IiHDORSEMENT I I~ PROVI9ION8 561-742-62'8 ceRTIFICATE HOLDeR CANCELLATION BOYN"1' - 2 SHOULD NfY Of' TtII! A8O\/I! DESeR8EO 1"OUC1i¡5 III!! CANCIiLL.liD 8EFORE THIõ IõXPlRATIO OA.TE THEREOF, T1'Ie ISSUING INSUIŒR ~ ENI1EA\IOA TO MAIL ~ DAY8 wAlTTlõN C:tTY OJ!' BOtNTOlf BBACH NQTIÇE TO TI£ CERTIF1CATI! It()LDER HAlED TO ne t.eI'T. BUT FAlLUR'E TO DO ao &~~ ATTR I JOSH IP.RT:IJI' ~ NO oeuGATJON OR LWIILITY 01' NfY KIND uPON THE "SUReR. ITI AGENTI$ OR U4 B. MOODBRIGB'l' ROAD BOYNTON BaACK PL 33435 RI!I'R!IeIfTATlVUo N,ITHOIIIŒD REPRneNTATIVE / Kat:ie Jackson Preside ACORD 25 (*1108) o ACORD CORPORATION 198 Owner's Copy NORTHERN PALM BEACH COUNTY IMP'ROVEMENT ·DISTRICT PROJECT MANUAL RE-BID ANNUAL REPAIRlM.6.INTENANCE OF WATER CONTRO,L, STRUCtURES, PIPES AND STORM DRAINS FOR FOR VARIOUS UNITS OF DEVELOPMENT OWNER PROJECT NO. 1250 MAY, 2004 PROJECT :MANUAL Re- Bid Annual RepairlMaintenance of Water Control Structures, Fipes and Storm Drains for Northern Palm Beach County Improvement District Project No. 1250 May 2004 PROJECT: Re-Bid Annual Repair/Maintenance of Water Control Structures, Pipes and Storm Drains for Northern Palm Beach County Improvement District TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS NO. OF PAGES 00020 REQUEST FOR BID PROPOSALS ...............,.................................................................... 2 00100 INSTR UCTIONS TO BIDDERS ,.... ............... .......... ......... ............... ............. ..... ................. 7 00300 BID FO R1\1 ...... ........ ...... ........... ......... .......................... ...................... ................ ................ on 3 I 00500 AGREEMENT .. ................................................................................ ................................... 5 00501 OPINION OF A TTOR.NEY ... .......... .........' ..... ..... ..... .................,.. ............... ........................ I 00502 CONTRACTOR'S CORPORATE RESOLUTION .......................................................:.... [ 00630 NOTICE OF COMPLIAi,\¡CE WITH CHAPTER 556, FLORIDA STATUTES ................. 1 00670 CONTR.'<\CTOR'S AFFIDAVIT TO OWNER .................................................................... 1 00680 APPLICATION FOR PA YMENT ..................................,..,................................................ I 00681 SCHEDULE OF VALUES AND WORK COMPLETED ................................................. 1 00700 GENERAL CONDITIONS. ....,. ...... ... ........... ....... ........ '......... ....... ........... ....... ..................... 33 00800 SUPPLEMENT AR Y CONDITIONS ,................................................................................. 17 00840 LISTING OF DUTIES, RESPONSIBILITIES AND LIMIT A TIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE ................................. 4 DIVISION 1 - TECHNICAL SECTIONS OF SPECIFICATIONS 01000 GENERAL SPECIFICATIONS AND REQUIREMENTS .................................................. 4 02748 SLIP LININ G... ... .. . ... .. .... . . . .. . .. . ..... . ... . , . .. . . .. . . . ... ... '" ... .... .. ... . . , ...... ... ... .. ..... 1 02749 SPECIFICA TrONS FOR CURED-IN-PLACE PIPE (CIPP)................................. ... 5 T ABLE OF CONTENTS 041601-N TC-l PROJECT: Re-Bid Annual Repair/Maintenance of Water Control Structures, Pipes and Storm Drains, for Northern Palm Beach County Improvement District (Various Units of Development) NPBCID Project #1250 Date: Mav 26. 2004 00020 REQUEST FOR BID PROPOSAL Sealed Bid Proposals, in triplicate, will be received by the Northern Palm Beach County Improvement District at the office of Northern's District Engineer, SFRN, Inc., 1201 Belvedere Road, West Palm Beach, FL 33405 (Phone 561-655-1151) for the subject Project until 9:00 A.M.., local time, Monday, June 21,2004 then opened, However, the Bid Proposals will not be announced at the opening nor will copies of the Bid Proposals then be provided to attending Bidders. The Project is generally described as follows: Cleaning and/or repair/maintenance of storm drainage systems including water control structures, pipes and storm drains for various NPBCID Units of Development. The Owner for the Project is the Northern Palm Beach County Improvement District. All contract and technical inquiries should be directed to the District Engineer, Brian LaMotte, P,E. at the Engineer's office and whose phone number is 561-655-1151 and fax number is 561-832-9390. Contract Documents may be purchased from Northern's District Engineer SFRN, Inc., 1201 Belvedere Road, West Palm Beach, FL 33405 (Phone 561-655-1151) at the following prices, which are non-refundable: Project Manual $ 37.74 plus $2.26 sales tax = $ 40.00 Complete Set (Project Manual) $40.00 Packaging & Mailing Charges/Set: $20,00 (when delivered by UPS) This Contract is a Unit Price contract A non-mandatory prebid conference will be held at 8:30 A.M. on Friday, the 4th of June. 2004 at the Owner's Conference Room located at 357 Hiatt Drive, Palm Beach Gardens, Florida. Representatives of the Owner and Engineer will be present to discuss the project. Specific Project requirements will be outlined at this Conference. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform Work as a Contractor, Supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category two for a period of 36 months from the date of being placed on the convicted vendor list. ADVERTISEMENT ~~~"",,,,__"U,,,, 1111('1>"1\1 ~g' "--,~~,,,...., No Bid Proposals may be withdrawn for a period of 90 days after the scheduled closing date for the receipt of Bid Proposals except as otherwise provided in Article 13 of the Instruction to Bidders. Bid proposals musts be accompanied by a Bid Security in the form of a certified or bank check made- payable to the Owner, or a Bid Bond. The amount of the security shall not be less than five (5) percent of the Bidder's total bid indicated in the Bid Proposal Form. It is the policy of Northern Palm Beach County Improvement District that Minorities and Women Business Enterprises (MBE/WBE) shall have the maximum practical opportunity to participate in the competitive process of supplying goods and services to Northern Palm Beach County Improvement District. The Bidder to whom the contract is awarded, will have retainage withheld in the amount of 10% until substantial completion, then reduced to 2%, Payment will be made in full at final completion on a per work order basis. Bidders should anticipate that Owner may negotiate some or all of the aspects of a Bid Proposal with one or more of the Bidders in order to obtain the lowest negotiated price. The Owner reserves the right to reject any or all Bid Proposals, to waive informalities, and to readvertise. BY ORDER OF NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT Publish: May 30, 2004 June 6, 2004 ADVERTISEMENT 00100 INSTRUCTIONS TO BIDDERS 1. DEFINED TERL\1S. Tenns used in these Instructions to Bidders which are detìned in the Standard General Conditions of the Construction Contract (EDCJC No. 1910-8, 1983 Edition) and any amendments within Supplementary Conditions section have the meanings assigned to them in the General Conditions, The term "Bidder" means one who submits a Bid Proposal (hereinafter referred to as the "Bid") directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive ,Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The tenn "Bidding Documents" includes the Request for Bid Proposals, Instructions to Bidders, the Bid Proposal Form, also known as the Bid Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS. 2.1, Complete sets of the Bidding Documents in the number and for the cost, if any, stated in the Request for Bid Proposals may be obtained from SFRl"i, Inc" 1201 Belvedere Road, West Palm Beach, Florida 33405 (Phone 561-655-1151) (unless another issuing oftice is designated in the Request for Bid Proposals). 2,2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, 2.3, Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use, 2.4, To the extent that any of the Bidding Documents are subject to the public records exemption set forth in Section l19.07(3)(ee), Florida Statutes, then in that event, any entity or person receiving such documentation or information shall be obligated to maintain the exempt status of said documentation and information pursuant to the terms and provisions of the above referenced statute and by requesting or receiving such documentation or information agrees to be bound by this requirement. 3. NON-MANDATORY PRE- BID CONFERFENCE AND QUALIFICA TIONS SCHEDULE. A non-mandatory pre-bid conference will be held at 8:30 a,m. on the 4th day of June 2004 at the Owner's Conference Room located at 357 Hiatt Drive, Palm Beach Gardens, Florida, Representatives of the Owner and Engineer will be present to discuss the project. Specific Project requirements will be outlined at this Conference, At time of Bid submission, BIDDER must additionally submit qualifying information as follows: (1) Resume of Bidder which must include: (a) Organizational chart and resumes of corporate officials, managers and crew supervisors who will be assigned to this Contract, including licenses. INSTRUCTIONS TO BIDDERS 04/16101-N 00100-1 ,.¡.;-'"'......~~-~~"" ,.. ... .~_.. ~..._",.""",.-""","..,.~< .., K. Daniel5lralloway, P.f. . .,;;~, '" Gary M. Rayman, P.S.M. ~,~ Warren H. Newell "INC. Brian J. loMoffe, P.f. Keith B. Jackson, P.f. Enginøel'$ Surveyors GIS Mappers Lisa A. Tropepe, P.f. t~*"-'i:µ;.~fg~~Wli(W.1@i;;.QWJ~~~~"t-:-_'l.li """""" Shalloway Engineering NOTICE OF AWARD July 21, 2004 Mr. Daniel Dimura, Vice President Shenandoah General Construction Co. 1888 NW 22nd Street Pompano Beach, FL 33069 RE: ANNUAL REPAIR/MAINTENANCE OF WATER CONTROL STRUCTURES, PIPES AND STORM DRAINS PROJECT NO. 1250 SFRN PROJECT #N.AOO08 Dear Mr. Dimura, On 6/23/04 the Northern Palm Beach County Improvement District (NPBCID) approved award of the Contract for construction of the above referenced project to your company based on your bid dated June 21, 2004, in the amount of $1,220,240.00. You are required by the Contract Documents to execute the Agreement, Contractor's Corporate Resolution and provide the required insurance certificates and Construction Bonds within fifteen (15) days of this Notice of Award. Transmitted herewith are six (6) duplicate sets of the project Manual. Five (5) sets are to be properly executed in accordance with the following directions and returned to us for transmittal to the Owner. The sixth set is for your insurance aoent and does not need to be returned (please make sure they receive it). 1. Complete the lump sum amount use words and figures then initial on 00500-1 of the Agreement and sign Page 00500-5 of the Agreement that is contained in each Project Manual. Do NOT date any of the Sections of the Agreement. 2. Please complete and sign Page 00502-1 titled "Contractor's Corporate Resolution" contained in each Project Manual in accordance with the formalities set forth therein. This will be the only Section you date. 3. Please provide for the Owner and Engineer Certificates of Insurance reflecting your company's Worker's Compensation and the other Insurance coverage that must equal or exceed the coverage required by the Contract Documents on Supplemental Condition pages 00800-3 through 00800-5. Five (5) Certificates should be addressed to the Owner (NPBCID) and five (5) to the District Engineer, (SFRN, Inc.) as the Certificate Holder. All of the additional insureds listed in paragraph 5.3.9 NOTICE OF AWARD 7-21-04 SFRN PROJECT #N-1609 120 I Belvedere Road, West Palm Beach, Fl 33405 TEl: (561) 655·' 151 FAX: (56lJ 8.f¿è),mry 25, 2004 £-Moil: info@sfrninccam Official Website: WWw.sfrninuom of the Supplementary Conditions should be typed in the description portion of the Certificate along with the Project Name. Please make sure your insurance agent has carefully read the contract requirements before preparing the Certificates. Important information is highlighted with paperclips in the "Insurance Copy" provided. Our experience is that most "standard" Certificates do not comply with the Contract requirements and are therefore not acceptable, The most common omissions are the listings of the "Project Name" and the "additional insureds" in the description box and the clause "30 day cancellation" in the cancellation box which should read "should any of the above described policies be cancelled before expiration date thereof, the issuing insurer will mail thirty (30) days written notice to the certificate holder named to the left." Please execute the attached copy of this Notice of Award where provided below and return it to me. Sri n J. LaMotte, P.E. Vice President BJUdlh c: O'Neal Bardin, Jr., Exec. Dir. Anthony Las Casas, P.E. Kenneth Edwards, Esq. Notice of Award is hereby acknowledged this k day of , 2004 by: ~Œ] ') Signature Title till NOTICE OF AWARD 7-21-Ð4 SFRN PROJECT #N-1609 February 25, 2004 . ""''',"'''''''~,",>4<_"",.__,,,,_,,__(..¡"._,.;·,,",,,,,_,,,,,·_¡,...,*,,,¡'',,'''·N,.",,~..,,' · .., K, DanielShal/oway, P.f. Gary t.f. Rayman, P.S.M. "..,.'. , . ....' ...., .... IfNi';. Warren H. Newell 8rian J. loMo"e, P.E Keith 8. JacKson, P.f. Ehgineèrs SUl'VèyørsGIS Mappers Lisa A. Trapepe, P.f. ",*"l!~~~'~~~·or~~~t:j~'"'f!~1Ji. Sh 0110 wayEng in ee ring NOTICE TO PROCEED August 27, 2004 Mr. Daniel Dimura, Vice President Shenandoah General Construction Co. 1888 NW 22nd Street Pompano Beach, FL 33069 RE: ANNUAL REPAIRlMArNTENANCE OF WATER CONTROL STRUCTURES, prPES AND STORM DRAINS PROJECT NO. 1250 SFRN PROJECT #N.AOOO8 Dear Mr. Dimura, The Owner has executed the Agreement on August 25, 2004, and we have been authorized to issue this Notice to Proceed. The Contract Time will commence to run from October 1, 2004 to September 30. 2005. At Owner's discretion, annual extensions may be Qíven for two additional years for a total Contract period of three years. Your copy of the executed Agreement is enclosed. Also enclosed are four (4) copies of the Notice of Compliance with Chapter 556, Florida Statutes (Form 00630). Please execute the enclosed forms in accordance with the requirements of the statute and return them to us as soon as possible. We are also returning the Bid Bond security which you submitted with your bid. ANNUAL REPAIRlMAlNT OF WATER èðN1'ttðtäTftunffiR~1,Þì~§"ÄM11f~ NOTICE TO PROCEED-8-27-04 1la 1 Belvedere Rood, West Porm Beoch, Fl 33405 TEl: (561) 655-f 15f FAX: (56 T) 832-9390 f-Mail: ínfo@sfrnínc.com Officiol Websíte: www,sfrnínuom Please execute the Notice to Proceed where provided below and return one (1) copy to us immediately, Please contact me if you have any questions, Sincerely, ~- Brian J. LaMotte, P.E. Vice President BJLldlh Enc. c: O'Neal Bardin, Jr., NPBCID Anthony Las Casas, NPBCID Kenneth Edwards, Caldwell & Pacetti Receipt of this Notice to Proceed is hereby acknowledged this _ day of J 2004, by: Name Signature Title AN\'IIJA~ Rf~~'W~~NI(?F WATER CONTROL ŠT~~~Š;'PtÆ~ÄNß~bRMDRAlNS NOTICE TO PROCEED-8-27 -04 VI.-CONSENT AGENDA 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) r8J August 16, 2005 August 1.2005 (Noon) D October 18,2005 October 3, 2005 (Noon) D September 6, 2005 August 15,2005 (Noon) D November 1, 2005 October 17,2005 (Noon) ."'j D September 20, 2005 September 6, 2005 (Noon) D November 15, 2005 October 31, 2005 (N~n)) :--1 '__' t --< ;0:0: ----::: (=~ ;-G D D , '-ÇJ Administrative Development Plans (..) (::) NATURE OF r8J Consent Agenda D New Business r-..) '-- AGENDA ITEM D D ;¡ ---1 Public Hearing Legal -~- 0 - z D Bids D UnfInished Business - "qCJ, .. ..r:- -1'1 D Announcement D Presentation ç"» _J ¡"î " D City Manager's Report - RECOMMENDATION: A motion to extend with a 5% increase BID # 075-2511-04/KR, "TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES" to Cleaning Systems, Inc. for an estimated expenditure of $224.461.56 for the final year (year four) of the custodial contract. EXPLANATION: The Terms and Conditions of this bid allow for an extension to C.S.I. for the final year with 5% increase to be effective from October 1, 2005 through September 30, 2006. The following is a brief outline of considerations for making this recommendation. 1). Minimum wage increased almost 20% 2). Five to thirteen percent increase announcements from various custodial product vendors from this year and last year 3). Fuel prices have dramatically affected costs of all products and services 4). This is the only contract price increase from C.S.I. over the past three years FISCAL IMP ACT: In preparation for the contract extension an increase of 5% with C.S.I., will be available. ACCOUNT # ESTIMATED EXPENDITURE Facilities: 001-2511-519-34-10 $205,261.56 Utilities: 401-2821-536-49-17 $17,400.00 Cemetery: 631-3110-531-34-10 $1.800.00 T tal: $224,461.56 Note: Actual 2003-2004 expenditures were $221,160.37. The 2004-2005 expen iture date are $174,321.30. '~~LJ Mary Munro Assistant to the Finance Director Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC Page I of I Allen, Janet From: Leblanc, Paula Sent: Friday, July 29, 2005 3:48 PM To: Allen, Janet Subject: C.S.!. FY2003/2004 = $221,160.37 FY2004/2005 to date = $174,321.30 (This includes the unposted invoice for July.) .. . 7/29/2005 "·'~~''''·'''''''·_-'''''_~~'.;~ti",."""_...,t~___._,...._,,,,..·,,···,,,,·,;·,'., DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 05-072 TO: Mary Munro, Assistant to the Director of Finance THRU: Jeffrey R. Livergood, Director of Public Works ~ {2.V' Christine Roberts, Assistant Director of Public Works ~ FROM: Paula J. Leblanc, Admin. Asst./lnterim F.M. Supv. DATE: June 21,2005 RE: Custodial Contract Extension Bid #075-2511-04/KR I am in receipt of a copy of the letter sent to you from Cleaning Systems, Inc. (C.S.I.) dated June 16, 2005, in which they are requesting a 5% increase for the final year (year four) of the custodial contract. After reviewing the attached letter along with documentation from various vendors of custodial products, it is of my opinion that the increase is reasonable and it is my recommendation to extend the contract with C.S.!. for the final year with a 5% increase to be effective from October 1, 2005 through September 30, 2006. The following is a brief outline as to the points that I took into consideration for making this recommendation. 1) Minimum wage increased almost 20%. 2) Five to thirteen percent increase announcements from various custodial product vendors from this year and last year. 3) Fuel prices have dramatically affected costs of all products and services. 4) This is the only contract price increase from C.S.!. over the past three years. Should you have any questions or need any additional information, please contact me at Ext. 6205. pi Attachments Copy: Bill Mummert, Director of Finance Kofi Boateng, Director of Utilities Jody Rivers, Parks Superintendent Tony Taylor, Crew Supervisor/Custodial PW Files S :\PW\Coorespondence JUN-16-2005 03:07 PM CLEANING SYSTEMS INC 954 341 6771 P.01 ~ tC." ..~.:., ..' .:: "r ,,' . .. .1ß¡o...--..... IV:;~ ( CLEANING SYSTEMS INC. A Complete Commercial Cleaning COmpll1l: ~ '.. .-~,.:' ,',., June 16, 2005 Mary Munro Assistant to the Director of Finance Procurement Services City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Bid #075-2511-04/ KR Dear Ms. Munro: Cleaning Systems, Inc. is pleased to renew our contract with the City of Boynton Beach for an addItional year. We would like to, however, request an increase of 5% for this contract period with all other terms and conditions remaining the same. CSI has incurred substantial increases in the prices of our supplies (price increase announcements attached), as wen as tremendous increases in transportation costs and, of course, the minimum wage increase from $5.15 to $6.15 per hour. We have alwRks enjoyed a wonderful working relationship with the City of Boynton Beach and 100 forward to continuing for another year. ...j .... \~1:!~s ~ (-_/,' If~/ ...J C l ~mF s" er' I resi nt I / \..cc:·èhristine ,Roberts ,j JLF / tgk Attachments By facsimile 10330 NW 55th Street · Sunrise, Florida 33351 · Phone~ (954) 341-0000 . Fax.... (954) 341-6771 >".'+"*,"'-_1!__'~..~~_".."-"...,"t->:..,,,~-,.,,,,~..-, ~~~RNING SYSTËMS INC 954 341 6771 P.02 ' '\~', Georgia-PaClfiC Joanne ShUfelt Vice PreSIdent of Sales 133 Peachtree Street, 35th Floor NOrth Ametican Commercial BUsiness Atlanl2J, GA 30303 Tel: 404/652-4000 July 23, 2004 MIKE RODRIGUES IDEAL SUPPLY CO INC 4321 Në 12 TERRACE OAKLAND PARK FL 33334-4796 Dear Mike: Please be advised that eFfectJve October 1, 2004, all ~int:o-stock Prices and eligible Report of Sales (ROS) contracts will be increased an average of 10% to 14% for towel, bssue, napkin, wipers, SOap and SlJecialty Products. Universal dispensers Will be IncreaSed 7% and SVstems dispensers wl/l be increased 3%. New Price schedules for Into-stock Prices will be mailed dUring the week of August 2, 2004. Price schedules for contracts that Will change October 1, 2004, will be mailed during the week of August 9,2004. Orders calling for immediate shipment will be accepfstj at current prices through the dose Of business on ThurSday, September 30, 2004. As you are Probably .....are, our industry is Currently experiencing selectl\le Product shortages and we are committed to maintaIning our service to you. Therefore, dUring the month of September orders eligible to receive the Current Price will be limited to one twelfth of Ýour current annualiZed purchases. ROS contract agreemeilt claims based on the shipments through October 15, 2004, will be talcu/afstj based on your CUrrent into.stock Prices. From October 16,2004 forward, ROS claims wl/l be calculated based Upon the new into-stock price levels. Thank yoU fOr YOur continued support. f cSLµ q 0::::; .c. -: .-". ." .,;"'""? --? "" <=C 03-0? pt1 CLEANING SySTEMS INC JUN-16-Z00'-> ~ ,_~ ATL.~:ct:~~:~frD~e~~e~;:'" LTD. August 3, 2004 Dear Atlas Customer, Effective Monday, September 20,2004 Atlas Paper Mills will increase into stock pricing between 9% and 13% on all tissue and towel items. Our dispenser line will increase 5%. Contracts and bids will be raised in accordance with the tenns of the original agreements. Orders placed by the close of business on Friday, September 17 . ' 2004 calling for immediate shipment will be invoiced at your current pricing. Orders received on or after September 20,2004 win be invoiced at the new levels. This increase is due to continued escalating costs in energy, transportation, packaging and raw materials. Price protection orders will be limited to an amount that is equal to your average monthly buying pattern. Your local representative wì1l be in touch with you shortly to discuss your specific market pricing. Thank you for your continued support of Atlas Paper Mills. I Rob Paskow National Sales Manager PAPER MIL.L 8& CONVERTING' 3725 E. 10TH OOURT . HIALEAH, FL 33013 · (30S) 835-8046 . FAX (305) 69H018 SALES AND SHIPPING' 3475 N.W. 60TH STReET' MIAMI. FL 33142 · (800) 582-2860 . (305) 636-5740 . FAX (305) 696-0421 E-MAIL: SALESOATLASPAPERMILLS.COM . WEB SITE: WWW.ATlASPAPERMILLS.COM JUN-16-2005 03:08 PM CLEANING SYSTEMS INC 954 341 6771 P.05 · .,... __ ....~ """'11__ / ,.... INFORMATION 0 March 29. 2006 RI!~ liar _ u.s. Price ~1\Cf'MM PricllwthortzaIIoM .. W..ht'OOll'l, WI.... Nllpkln a 8ICIn eara Products Deer u.s. Kfmberty..Clark Profeeliona' Dlttrlbutor Customer. MY 2ÐQI p~~qa.1! on February 28th, we &nrIOunced price IncrtNl88$ of up to 12% on WSlhroom, Wiper, Napkin, Ind Stœl Care producte for an local end ndOl'Mlf untlr t\ø1her ~08 (UFN) Price AuthoriZlltton8. we B/IO collVl'Uiceted t.f1Bt 1bced term prfce auttlorlzEltlons would Inct1Jl8le accordingly at time of ..ratIon. Price AuthortZlltlone have been ~têd to rwftect tha new pricing el'rectlvl May 1. 2006. Current priceI for the aIfeçted cod.. Will end on APrIt 3d'. &ctI chIr1ge will be ldenttrled on ihe prfctt authorization .. "Product Ixplnlcf for prices thet .,. .ndlnQApttJ 30. .2005. or ·P"'uøt AMed' for pr10es ht begin on M8y 1. 200ft Price authOi1Z.00ne wilt be çomnutlCBted to yoU' ~zaton the evenln; of March 30, 200õ, \fIe 0t.It' normal process, 'hloh IncIudeI the KCP CultomerNet, EDI or .uta .x. Melted.ee (,ent FedEx) will arrive nD Ister than 'ThLnd1lY. ,eroh 31, 2Ðœ.· , Itw E~tt.W:tØN œø!tiØ Product. code 5843 haa been IIC1deQ Ð prø. øuIhoñzatlona wfth en e«eotNe date of Mev 1, 2005, al tM -.ne cott per oue 88 ooœ 6842, which I. being dIøcontInued. · Product gOde S843 wItI be ld.nlJfI~ I' ·Product Added" · ProdUct code 5842 pricing will end C1r\ October 31. 2oœ.. to allow you to ..U off existing inventories. Thla code will be ldInt\fled 86 ·Produd. ~. preeN contact your KimberlyooCI8I'k rebale coordlnltOf' should. you h8Ve '-1y questlone. Thank you for yQJr ocnllnued support or KlmberJy.clerk Profetllcn.' Sk\cerely, " ' , ' ' Jb\~' , ,~,." ' ,'., , '.... ',' "~:' ,',' . . . . I. . '. . . I . , , . , ' , . . ... ., , . . . . , '. . Oil Midrtd Gene..., M8i'J19iH'~ North Arnertow. Sltel Klmbarty..CIIl'k PrmI..tonl' . . I ~ \ " {, VI.-CONSENT AGENDA ITEM C.l. á. b.c..d. e. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Commission Date Final Form Must be Commission Meetino Dates Turned in to City Clerk's Office Meetino Dates Turned in to City Clerk's Office D August 2, 2005 July 18, 2005 (Noon.) D October 5, 2005 September 19, 2005 (Noon) [g] August 16, 2005 August 1, 2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) D September 6, 200S August 15, 200S (Noon) D November 1, 2005 October 17, 2005 (Noon) D September 20, 2005 September 6,2005 (Noon) D November 15, 2005 October 31, 2005 (Noon) D Administrative D Development Plans NATURE OF [g] Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Request ratification of the action of the South Central Regional Wastewater Treatment & Disposal Board action of July 26, 2005. EXPLANATION: On July 26, 2005, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on items listed below that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. a. Authorization for the City of Delray to approve an $11,500 Change Order with Chaz Equipment Company to increase our agreement with the City thus increasing the cost for in-plant reuse line from $415,240 + $11,500 to $426,740. This additional $11,500 cost to be split 50/50 from each city's capital fund. b. Authorization to expend $4,265.80 for additional work performed by Widel, Inc., on the reclaimed water improvement project. The additional $4,265.80 cost to be split 50/50 from each city's capital fund. c. Authorization to expend $20,000 for Hazen and Sawyer to prepare feasibility studies required by DEP in their letter of July 13, 2005. The $20,000 cost would be split 50/50 from each city's capital fund. d. Authorization for acceptance of 2005/2006 Wastewater and Reclaim 0 & M Budgets and Wastewater Repair and Replacement Expenditures. s:\CC\WP\CCAGENDA\Agenda Request Memos\2005\Agenda Item Request - SCRWTD BD ACTION OF 08-16-05.dot CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM e. Authorization to establish wastewater user rate to cities for Fiscal Year 2005/2006 as follows: Operations & Maintenance $0.7463/1,000 gal Reserves $0.1800/1.000 gal Total $0.9263/1,000 gal (City Manager has requested this item (C.l.e) be tabled pending resolution on interlocal agreement on golf course reuse water agreements. If the Regional Wastewater Treatment Board assumes continued delivery and sale of reuse water to the golf courses, the amount paid for reuse water by the City of Boynton Beach will be reduced from the projected 1.1 billion gallons to zero. The basic commodity charge will remain the same but the allocation of revenue between the two cities and the Board will substantially change.) PROGRAM IMPACT: None FISCAL IMPACT: None ~~Mture City Clerk's Office City Attorney / Finance / Human Resources s:\CC\WP\CCAGENDA\Agenda Request Memos\200S\Agenda Item Request - SCRWTD BD ACTION OF 08-16-0S.dot 1 RESOLUTION NO. R05- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, RATIFYING THE ACTION 6 TAKEN BY THE SOUTH CENTRAL REGIONAL 7 W ASTEW A TER TREATMENT AND DISPOSAL 8 BOARD ON JULY 26, 2005, AS SET FORTH IN 9 EXHIBIT "A" ATTACHED HERETO; 10 AUTHORIZING AND DIRECTING THE CITY 11 MANAGER AND CITY CLERK TO EXECUTE 12 SAID AGREEMENT; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board 17 (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting 0 18 July 26, 2005, as set forth in the attached Exhibit "A". 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and con finned as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption. 23 Section 2. The City Commission does hereby ratify the action taken by the South 24 Central Regional Wastewater Treatment & Disposal Board on July 26, 2005, as set forth in the 25 attached Exhibit "A". 26 Section 3. This Resolution shall take effect immediately upon passage. 27 28 29 30 S:\CA\RESO\SCRWTDB Annual Meeting 07-26-05 Ratification,doc 1 2 PASSED AND ADOPTED this _ day of August, 2005. 3 4 5 CITY OF BOYNTON BEACH, 6 FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 28 S.\CA\RESO\SCRWTDB Annual Meeting 07-26-05 Ratification doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD BOARD Thlephone City Council Members of (56}) 272-7061 (56}) 734-2577 Boynton Beach & Delray Beach Fax: (561) 265-2357 www.scrwwtp.org , ' .-.~. ---', ,- . - ~- ~.....:::. ----) ~ (~ - ~ .-...# ~:n r<> ~. ~ -¿..... '-~ --<¡.. F-. ,..;;.- , :~~ ~~ "'0 MEMORANDUM --",...,. .~... _-0' ..,...;;::-.. . ~-' ....- ..- _-_""1 "cP - :'2rn .' (:::J ~-)~ í0 ¡'-'(J TO: Ms. Janet Prainito ~- ...... City of Boynton Beach # FROM: Robert Hagel - Executive Director . ~ Maggi Woodall- Fiscal/Systems Analyst DATE: July 26, 2005 RE: Ratifications for Signature Attached are the Ratifications from the Quarterly Annual Meeting of July 26, 2005, which require signatures. Would you, please, place these on the Agenda for your next Commission meeting? . Authorization for the City of Delray to approve an $11,500 Change Order with Chaz Equipment Company to increase our agreement with the City thus increasing the cost for in-plant reuse line from $415,240 + $11,500 to $426,740. This additional $11,500 cost to be split 50/50 from each city's capital fund. C405 Equipment # 04411200. . Authorization to expend $4,265.80 for additional work performed by Widell, Inc., on the reclaimed water improvement project. This additional $4,265.80 cost to be split 50/50 from each city's capital fund. This finalizes all work performed by Widell on reclaimed water expansion and Contractor at Risk Projects. C605.101 Equipment # 04411200. · Authorization for acceptance of 2005/2006 Wastewater and Reclaim 0 & M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund). · Authorization to establish wastewater user rate to cities for Fiscal Year 2005/2006 as follows: 2005/2006 OPERATIONS & MAINTENANCE $0.7463/1,000 GAL RESERVES $0.1800/1 ,000 GAL TOTAL $0.9263/1,000 GAL · Authorization to establish reclaim water user rate to consumers (Boynton, Delray and Plant) for Fiscal Year 2005/2006 as follows: 2005/2006 O&M $0.25/1,000 gal Please contact me, at 272-7061 ext. 11, or Maggie, at mwoodall@scrwwtp.org, when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JUL Y 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26, 2005, by a vote of 6-0, approve Authorization for the City of Delray to approve an $11,500 Change Order with Chaz Equipment Company to increase our agreement with the City thus increasing the cost for in-plant reuse line from $415,240 + $11,500 to $426,740. This additional $11,500 cost to be split 50/50 from each city's capital fund. C405 Equipment # 04411200. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: - City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF July 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26, 2005, by a vote of 6-0, approve Authorization to expend $4,265.80 for additional work performed by Widell, Inc., on the reclaimed water improvement project. This additional $4,265.80 cost to be split 50/50 from each city's capital fund. This finalizes all work performed by Widell on reclaimed water expansion and Contractor at Risk Projects. C605.101 Equipment # 04411200. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JUL Y 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26,2005 by a vote of 6-0, approve Authorization to expend $20,000 for Hazen and Sawyer to prepare feasibility studies required by DEP in their letter of July 13, 2005. The $20,000 cost would be split 50/50 from each city's capital fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF BOYNYON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RA TIFICA TION OF SOUTH CENTRAL REGIONAL W ASTEW A TER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26, 2005, by a vote of 6-0, approve Authorization for acceptance of 2005/2006 Wastewater and Reclaim 0 & M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund). WHEREAS, said Board action requires ratification by the City of Boynton Beach. NOW, THEREFORE, the City of Boynton hereby ratified said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. - CITY OF BOYNTON BEACH By: Mayor or City Manager Attest: City Clerk Approved as to form: City Attorney F'ldocsIBudget\fy2005_2006lacC! del.fI fy0506 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001-2006 2001-2002 2002-2003 2003-2004 2004-2005 2004-2005 2005·2000 DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,160,016 $1,296,000 $1,256,682 $1,441,000 $1,291,000 $1,454,000 OPERATING EXPENSES: 1,887,011 2,371,000 2,269,697 2,413,000 2,604,000 2,923,000 SERVICES 774,534 643,000 479,076 550,000 675,000 763,ODO OPERATIONS/MAINTENANCE 819.636 1,187,000 1,168,611 1,242,000 1,155,000 1,325,000 CHEMICALS/SUPPLIES 292,841 541,000 622,010 621,000 774,000 835,000 --...----------------- -----------------.-- ----------------- --------------------- --------------------- -------------------- TOTAL PERSONNEL AND OPERATING EXPENSES 3,047,027 $3,667,000 3,526,379 3,854,000 3,895,000 4,377,000 OPERATING CONTINGENCY 50,000 50,000 0 50,000 50,000 50,000 ENGINEERING 50,416 43,481 106,860 95,000 90,000 95,000 ------------------- ------------------- ----------------- --------------------- -------------------- ------------------- TOTAL BUDGET $3,147,443 $3,760,481 $3,633,239 $3,999,000 $4,035,000 $4,522,000 $ 0.7463 PERSONNEL ACCOUNT 2001-2002 2002-2003 2003-2004 2004-2005 2004-2005 2005-2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGE'" 1212 REGULAR WAGES $791,354 $840,355 868,428 $996,000 $890,000 $981,O\1u 12121 SICK LEAVE REDUCTIONS 11,534 8,862 12,668 30,000 20,000 30,000 1214 OVERTIME 40,634 41,920 47,752 47,000 40,000 45,000 12151 EMPLOYEE ASSIST. PROG: 540 560 540 1,000 1,000 1,000 12152 PLANT PERFORMANCE 10,300 0 0 0 0 0 1221 SOCIAL SECURITY 67,208 70,192 75,575 87,000 75,000 90,000 1223 HEALTH INSURANCE 77,056 81,650 80,252 95,000 100,000 116,000 12231 DENTAL INSURANCE 5,956 6,169 6,961 8,000 0 0 12232 DISABILITY INSURANCE 5,536 5,278 5,318 7,000 6,000 11,000 12233 LIFE INSURANCE 1,158 1,190 1,064 2,000 1,000 2,000 12234 VISION CARE 0 0 0 0 1,000 2,000 1224 WORKERS' COMPENSATION 39,907 36,117 34,216 41,000 43,000 41,000 1225 UNEMPLOYMENT 0 143 11,039 1,000 3,000 3,000 1236 PENSION 107.900 109,704 111,700 125,000 110,000 130,000 1240 PAYROLL CONTINGENCY 933 ~f)1 1,169 1,000 1,000 2,000 ------------------ ------------------ ----------------- ---------------- --------------------- -------------------- TOTAL PERSONNEL SERVICES $1,160,016 $1,202,941 $1,256,682 $1,441,000 $1,291,000 $1,454, F:\docsIBudgel\fy2005-2006\accl delaR fy0505 Page 1 of 5 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001-2006 SERVICES ACCOUNT 2001-2002 2002-2003 2003·2004 2004-2005 2003-2004 2005·2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET . _.d .. ....____. _..'._ _. . ...._. _.......... d.... "._'_. .~_..~... .. . .... '.. _...._.~.-.."..-.~...~,. 0" ","__._ ~~'_'"..._.,. ... .'.. "-~"-_..'--"-"-'-'-'-~-"~"'-- 3100 MEDICAL SERVICES $936 $598 $880 $2,000 $1,000 $2,000 3110 LEGAL (GENERAL & ADMIN) 29,164 33,077 23,821 29,000 25,000 27,000 3112 LEGAL (TOXICITY) 0 0 0 3,000 0 3,000 3120 SERVICES (G & A) 7,319 5,099 7,225 10,000 6,000 13,000 3200 AUDITING 19,861 22,150 19,249 22.000 23,000 22.000 3300 LAB PERMIT TESTING 40,656 41,329 44,539 50,000 46,000 53,000 3400 PRETREATMENT 0 0 0 0 0 0 3402 TOXICITY TESTING 262 0 0 0 0 0 3404 CHEMICAL ANALYSIS 0 0 0 0 0 3406 METER CALI BRA nON 6,480 7,236 6,980 8,000 8.000 8,000 3410 SLUDGE HAULING 571,264 424,066 241,053 275,000 415,000 455,000 3411 GRIT HAULING 57,569 86,383 94,247 85,000 78,000 84,000 /12 TRASH HAULING 0 124 571 2,000 1,000 2,000 3500 SERVICES (0 & M) 41,023 23,522 40,511 64,000 72.000 94,000 ----------...-- --------.------ -------------- --------------- ----------- ------------- TOTAL SERVICES $774.534 $643,584 $479,076 $550,000 $675,000 $763,000 F:\oocs\Budge"fy2005_2006\accl delall1yQ506 Page 2 of 5 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001·2006 OPERA nONS/MAINTENANCE ACCOUNT 2001-2002 2002-2003 2003-2004 2004·2005 2004-2005 2005-2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET ... ..__ '. __....m_.._... .. ~_..,. 4000 VEHICLE EXPENSE $7,095 $8,698 $11,306 $11,000 $12,000 $12,000 4020 BOARD CONTINGENCY 2,856 1,805 1,390 5,000 5,000 5,000 4100 TELEPHONE 14,706 17,938 19,583 24,000 21,000 24,000 4102 POSTAGE 3,902 3,827 3,594 5,000 5,000 6,000 4300 ELECTRICITY 481,965 601,767 712,669 740,000 730,000 790,000 4302 WATER 13,000 20,699 23,689 21,000 21,000 21,000 4303 IRRlPROCESS RECLAIM WATER 7,279 0 9,000 9,000 9,000 99,000 4400 EQUIPMENT RENTAL 1,463 726 0 2,000 1,000 2,000 4500 INSURANCE 184;503 253,930 231,028 240,000 200,000 220,000 4600 M & R EQUIPMENT 33,381 29,541 47,202 50,000 44,000 50,000 4620 M & R VEHICLES 6,452 7,390 4,205 8,000 4,000 8,000 4630 M & R GROUNDS 4,336 1,876 4,406 7,000 10,000 10,rr~ 4640 M & R BUILDINGS 5,643 6,554 4,864 10,000 12,000 10,!J,-_ 4650 M & R UNSPECIFIED 6,331 21,057 20,518 20,000 20,000 20,000 4900 ADVERTISING 1,987 3,912 3,517 3,000 4,000 3,000 4902 LICENSE & PERMITS 12,465 14,072 23,192 17 ,000 17 ,000 15,000 5400 MEMBERSHIP DUES & SUBSCRIP- 10,522 10,878 9,683 11,000 11,000 11,000 5410 TECHNICAL TRAINING 7,135 7,261 6,543 12,000 4,000 9,000 5420 EDUCATIONAL EXPENSES 1,963 2,741 2,792 3,000 5,000 10,000 6400 CAPITAL ASSETS 12,652 14,514 29,430 44,000 20,000 0 ---______________R_ ----.-------------- ------------- --------------------- -------"'------------- --.----------- -------- TOTAL OPERATIONS/MAl NT. $819,636 $1,029,186 $1,168,611 $1,242,000 $1,155,000 $1,325,000 F:ldocsIBuðgeMy2005-2006\acct delall fyOS06 Page 3 of 5 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001-2006 CHEMICALS/SUPPLIES ACCOUNT 2001-2002 2002-2003 2003-2004 2004-2005 2004-2005 2005-2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET ..- ........' -. -... .-..-......-. - .. ,··,·-·~",~,···,·-··---··-~",-··-__·".·._w.,__.... .... ".'-.' .. . .. ....-.. "'--"~'-'-" ".'..". ... -.," '-~-,'----" ....-. .....-.. .....~...-.~----.... .. ... .~-._.., ··_·.._n.,"._ ....._..... ....-....--... ..-......--,....,-.-."..-.. 5100 OFFICE SUPPLIES $4,483 $4,084 $5,497 $6,000 $8,000 $8,000 5201 SAFETY SUPPLIES 3.228 3.126 4,893 5,000 10,000 6,000 5202 GENERAL OPERATING 18,137 22,119 15,734 20,000 15,000 20,000 5203 JANITORIAL SUPPLIES 1,644 2,487 2,870 3,000 3,000 3,000 5204 LABORATORY SUPPLIES 5,904 4,639 7,707 6,000 6,000 7,000 5210 CHEMICALS 242.431 550,566 557.993 544,000 698,000 755,000 5220 OIL, FUEl, LUBRICANTS 3,618 15,683 11,470 15,000 15,000 15,000 5230 CONSTRUCTION MATERIALS 2,581 1,648 2,070 3,000 3,000 3,000 5240 UNIFORMS 7,052 7,460 7,503 11,000 9,000 10,000 5250 SMALL TOOLS < $500 3,763 4,291 4,320 5,000 4,000 5,000 5251 OFFICE EQUIPMENT < $500 0 2,177 1,618 2,000 2,000 2,000 5252 LAB EQUIPMENT < $500 0 0 335 1,000 1,000 1,000 ----------------- -------------------- -------------- --------------- ----------- -------------- TOTAL CHEMICALSfSUPPllES $292,841 , $618,280 $622,010 $621,000 $774,000 $835,000 OPERATING EXPENSES (SUMMARY} SERVICES $774.534 $643,584 $479.076 $550,000 $675,000 $763,000 OPERA TIONSfMAINTENANCE $819,636 $1,029,186 $1,168.611 $1,242,000 $1,155,000 $1,325,000 CHEMICALS & SUPPLIES $292.841 $618,280 .._~".. $622,010 .,~---. $621,000 $774,000 ..... '''.~ $835,000 ~---------------- ----------- -------------- --------- --------- --------- TOTAL OPERATING EXPENSES $1,887.011 $2,291,050 $2,269,697 $2,413,000 $2,604,000 $2,923,000 . F:ldocsIBudget\ly2005-2006\acct de!atlly0506 Page 4 of5 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001-2006 OPERATING CONTINGENCY ACCOUNT 2001-2002 2002-2003 2003-2004 2004·2005 2004-2005 2005-2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4990 OPERATING CONTINGENCY $50,000 $50,000 $0 $50,000 $50,000 $50,000 ------------ -- ------- - ---- -----. ----- ----- ----------------- ----------------- ------------------- -------------------- - TOTAL OPERATING $50,000 $50,000 $0 $50,000 $50,000 $50,000 CONTINGENCY ENGINEERING ACCOUNT 2001-2002 2002-2003 2003-2004 2004-2005 2004·2005 2005-2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3150 GENERAL $48,342 $37,231 $87,115 $65,000 $90,000 $50,000 3151 FACE 0 6,250 18,750 25,000 0 40,000 3160 BIOTOXICITY 0 0 0 0 0 3162 PRETREATMENT 2,074 0 5,000 0 5, 3163 THERMAL SCREENING 0 0 995 0 0 0 --------------------- --------------- ------ --------------- ------------------ --------------------- ------------------ TOTAL ENGINEERING $50,416 $43,481 $106,860 $95,000 $90,000 $95,000 GRAND TOTAL BUDGET: $4,522,000 F:\docs\BudgeMyZQ05.2OO6\acct delall fy0506 Page 5 01 5 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL 2005-2006 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 1212 REGULAR WAGES Base wages - 22 Regular Employees; 1 part-time $1,107,000 4 Administrative Reuse (126.000) 2 Lab & pretreatment Wastewater $981,000 10 Operators + Holiday reg 6 Maintenance Includes 4% average merit pay increase $126,000 for Reuse (35.00/hr est 300hr per mth) Special Parity Increase: Director of Operations 5% Fiscal/Sytems Analyst 5% Maintenance Supervisor 10% Lab Coordinator 5% 12121 SICKNACA PAY REDUCTION Employees have the annual option to 30.000 cash out (at 50% payment) all sick days in excess of fifteen (15) accrued in sick day bank" Vaca 100% up to 80 hours, 1214 OVERTIME Shiff coverage as required for plant operations. Employees working over 40 hours per week (excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 3,000 12142 Maintenance 4,000' 12143 Shiff 1 Coverage 5,000 12144 Shift 2 Coverage 4,000 12145 Shift 3 Coverage 7,000 12146 Training 2,000 12148 Holiday Coverage 16,000 12149 Lab/Pretreatment 2,000 12150 Special Projects 2.000 ------------ 45,000 12151 EMPLOYEE ASSISTANCE Board cost: $2.25 per employee per 1,000 PROGRAM month. Provides family counseling and referral services to employees and their families. 12152 PLANT PERFORMANCE Award given to those employees whose performance 0 has contributed to overall efficiency of Plant as recommended by Executive Director and approved by the Board. 1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65% 90,000 MEDICARE currently = Social Security - 6.2%; Medicare - 1.45%, 1223 BLUE CROSS/BLUE SHIELD Board cost per employee [22] is estimated @ 116,000 HEAL TH/DENTAL INSURANCE $437.00 monthly, (@ 18% increase) 12231 DENTAL INSURANCE Included in Health as of 10/2004 0 F:ldocslBudgel\fy2005_2006Iacd detail fy050B Page 10f9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL (cont.) 2005-2006 ACCT. NO. DESCRIPTION BUDGET 12232 DISABILITY INSURANCE Long term disability insurance provided 11,000 by the Board at approximately 1 % of 40 hour base pay per employee. 12233 LIFE INSURANCE Board provides $10,000 fife insurance, 2,000 12234 VISION CARE Employee vision plan $5 @ emp mthly 2,000 1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 41,000 base pay, Anticipate a 5% increase. 1225 UNEMPLOYMENT Paid on a reimbursable basis according 3,000 to claims received. 1236 PENSION Defined Board contribution based on 40 130,000 hours base pay for participants plus administrative fees, 1240 PAYROLL CONTINGENCY Employee annual appreciation dinner 2,000 and luncheons (Le,: retirements, recognitions, and safety awards). -------~--------_. TOTAL PERSONNEL ....S,.1.~~~.4,~~~ u F:\docs\Budçet\fy2005-2006\accl dela" ry0506 Page 2 of 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES SERVICES 2004·2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals, drug screens & immunizations $2,000 3110 LEGAL (ADMIN & LABOR) Attorney fees: 31101 Admin - Federspiel $25,000 31103 Pension - Richard Burke 1,000 31104 Lewis, Longman & Walker 1,000 --...----------- 27,000 3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation 31121 Federspiel 2,000 31125 Lewis, Longman & Walker 1,000 -----....--- 3,000 3120 SERVICES: 31201 Accounting & Bookkeeping 1,000 General & Administrative 31202 Computer Consultant & Lic renewals 5,000 31206 Copier Main!. Contract 2,000 31207 Appraisal Fee 3,000 31208 Others 2,000 -------------- 13,000 3200 AUDIT FEES 32001 Annual Audil 22,000 3300 LAB PERMIT TESTING Palm Beach County Water Utilities Laboratory 53,000 per Intergovernmental Agreement 3406 METER CALIBRATION Calibration of transmitters, totalizers, 8,000 FLORIDA SERVICE recorders, and flowmeter pump as required. 3410 SLUDGE HAULING Based on liquid hauling rate of $72.50/1,000 gals. 455,000 or $17,25 per cu yd for cake. (910 loads * 500.25) 3411 GRIT HAULING 72 trips @ $650; 37 @ $900; 13 @ $300.00 per trip. 84,000 3412 TRASH AND HAULING Tipping fee for trash hauling, Regular trash container. 2,000 3500 SERVICES: 35001 Centrifuge 30,000 Operations, Maintenance & 35002 Air Scrubbers Balancing 2,000 Professional 35003 Generators 13,000 35004 Lawn Maintenance 10,000 35005 Admin. Building Cleaning 6,000 35008 Olher 2,000 35009 Contract Labor 1,000 35010 Wet Scrubber Maintenance 0 35011 Chlorination System Maint 30,000 ------------- 94,000 ----------- TOTAL SERVICES $763,000 ----------- ----------- F:\docs\8udget\fy2005_2006lacct detail fy0506 ' Page 3 of 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES OPERA TIONS/MAJNTENANCE 2004-2005 ~CCT. NO. ACCOUNT TITLE DESCRIPTION BUÙGET 4000 VEHICLE EXPENSE Mileage reimbursement @ $0, 36/mile; Fuel for company vehicles 1 approved vehicle allowance, 40001 Vehicle Allow $6,000 40002 Mileage Reimbursement 1,000 40003 Fuel for Vehicles 5,000 ----------------- $12,000 4020 BOARD CONTINGENCY Public relations, good will tours, floral arrangements or fruit baskets, cards for illnesses or funerals, and miscellaneous business expenses: 40201 Board Expense: Appreciation 1,000 40202 Board Expense: Meals and Entertainment 1,000 40204 Board Expense: Travel, Lodging 3,000 ----------------- 5,000 4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 24,000 including Fax, pager, 4 cellular phones and E-mail/lnternet 4102 POST AGE U,S. Mail - Rate ,37 first class ($,39) 6,000 4300 ELECTRICITY KWH including surcharge for peak 790,Oú,-, usage. Avg mthly 1,1 mKWH consumed + 10% increase per FPL 4302 WATER CONSUMPTION Budgeted for 1 m gallons/month 21,000 4303 IRRlPROCESS REUSE WATER Irrigation water cost 1,1 m gal/day @ $.25/1000 99.000 4400 EQUIPMENT RENTAL 'Cranes, various equipment, and instru- 2,000 ments as required in maintenanc~ and operations, 4500 INSURANCE EXPENSE 45001 Commercial Property 125,000 45002 Commercial Excell Property 50,000 45003 Boiler & Machinery 7,000 45004 Commercial Package 15,000 45005 Equipment Floater 7,000 450.06 Petroleum & Tank Liability 1,000 45007 Pollution Liability (renew 10101/2006) 15,000 ----------------- 220,000 F:\docs\Budget\fy2005-2006\acc1 detail fyOS06 Page 4 of 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATIONS/MAINTENANCE 2004-2005 CCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4600 M & R EQUIPMENT Annual repair items for pumps and plant equipment: 46001 Influent Building 4.000 46002 Aerators 2.000 46003 Blower Building 3,000 46004 Scrubbers 4.000 46005 Clarifier 1.000 46006 Return Building 2.000 46007 Solids Handling Building 8,000 46008 Chlorination 1,000 46009 EQ Building 1.000 46010 Effluent Building 1,000 46011 Shop Building 1.000 46012 Office Building 4,000 46013 Dechlorination 1.000 46014 Miscellaneous (GMS) 15.000 46015 Operators Office 1,000 46016 Lime Silo 1,000 ------------ .......,·jšþ.C)(JÖ" ..... .............,............. Annual repairs for vehicles: 4620 M & R VEHIClES 46200 Company Vehicles 3,000 46201 Tractor 1,000 46203 Service Carts 2.000 46204 Boom Lift 1,000 46205 Other 1.000 -------~------ 8,000 4630 M & R GROUNDS Landscaping, sprinkler systems. retention 10.000 ponds. piping, fertilizer. etc. 4640 M & R BUILDINGS Painting, Repair or replacement of doors, 10.000 screens, locks. windows, ceiling liles, bulbs electrical, plumbing, and lighting. 4650 M & R UNSPECIFIED Funds for emergency or unidentified 20.000 equipment deficiencies that require upgrade or improvement in operation. 4900 ADVERTISING Advertisement and legal ad allowance 3,000 related to plant operation or bids and public notices. F:ldocsIBudgellfy2005-2006\acct delall fy050B Page 50f9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATIONS/MAINTENANCE 2004-200f ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4902 LICENSES AND PERMITS 15,000 STATE Pwfessional & Operators license renewal 0 Operating Permit 7,500 Storage Tank 50 Risk Management 1,000 ----------------- 8,550 PALM BEACH COUNTY Air Pollution Licenses 100 Wellfjeld Permit 75 Storm Water 500 Tags on Trucks 200 Wastewater 2,150 ----------------- 3,025 CITY & SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage 2,400 Special District Fee 175 Other 850 ----------------- 3,425 5400 MEMBERSHIP DUES AND Dues - Professional organizations 11 ,000 SUBSCRIPTIONS Professional Registration and licenses, journals and subscriptions, 5410 TECHNICAL TRAINING CPEs required for lie renewal per FLDEP Lab Technical, and Quality Assurance Short Schools; Personnel Seminars and technical conferences; computer classes 54101 Conferences 2,000 54102 Meals 1,000 54103 Travel & Lodging 3.000 54104 CEU courses 3,000 ---------------- 9,000 5420 EDUCATIONAL EXPENSES Classes, books & fees, 10,000 6400 CAPITAL ASSETS Purchase of needed Assets Required for Continuous Operation and not amoritized in Sinking Fund, --------------- -------------- TOTAL OPERATIONS/MAl NT. $1,325,000 ----------- ----------- F:ldocsIBudgellfy2005·2006\accl detail fy0506 Page 6 of 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES: MAINTENANCE; CHEMICALS & SUPPLIES CHEMICALS AND SUPPLIES 2004-2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5100 OFFICE SUPPLIES Copier paper, stationery, printer ink cartridges 8,000 business cards, check printing, general office supplies, & necessities. 5201 SAFETY SUPPLIES Gloves, protective glasses, face shields, 6,000 hearing protection. overbools, ear-plugs, muffs, emergency eye wash, cartridge respirators, gas cartridge, sterße storage bags for resp- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents, oil sorbent, liquid chemical neutralizers, bar,ricade tape, hazardous materials response kit, salvage drum, dirfusion detector tubes, signs, labels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools, safety charts, books. 5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 20,000 SUPPLIES boots, drager tubes, gloves, hoses, firehoses, chart pens, charts, DO meters, sludge jugs, flags, coffee supplies, water cooler supplies, batteries, hurricane supplies, and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES Mops, brooms,paper goods, brushes, all 3,000 necessary janitorial cleaning supplies. 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 7,000 Reagents, glassware, replacement of equip- ment, apparatus. Lab supplies consumed by Process testing done in house. 5210 CHEMICALS 52101 Polymer: 455,000 Ibs @ .90 Ib $410,000 52102 Lime: Calculated 855 tons @ $123.00 105,000 per ton. 52103 Chlorine: 190 tons @ $678,05/ton. 129,000 52104 Bisulfite: 270,000 Ibs. @ $.092/1b 24,000 52105 Misc. Chemicals 4,000 52106 Caustic 34,000 gal @$1.92 per gal 65,000 52107 Sulfuric Acid 200,000 Ibs, @ $.09Ib, 18,000 ------------- 755,000 F:\docslBudgel\ly2005-2006\acc! delall fy0506 Page 7 of 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CHEMICALS AND SUPPLIES (cont.) 2004-2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5220 OIL, GAS, GREASE, DIESEL AND Diesel fuel for generator, gas, 15,000 LUBRICANTS grease, oil, and lubricants for pumps and mowers, 5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, 3,000 small shelters, concrete, etc. Additional office and storage units. 5240 UNIFORMS Board participates 50% in uniform rental. 10,000 Provides five (5) new sets of uniforms to non-renters each year basis cost of $200.00 per employee, Approved protective safety shoes: $85.00 - $190.00 employee per year, 5250 SMALL TOOLS AND Handlools, drills, bits, files, small toolboxes, 5,000 EQUIPMENT PURCHASE electrical equipment, and small maintenance tools < $750,00 value. 5251 OFFICE EQUIPMENT Filing cabinets, chairs, calculators, adding 2,000 machines, office mats, shelves, printers, tables < $750,00 value, 5252 lAB EQUIPMENT Small equipment <$750.00 1,000 ------------------ TOTAL CHEMICALS AND $835,000 SUPPLIES ----------- ----------- F:\docs\Budgetlfy2005-200Blacc1 detail ry0506 Page 8 of 9 ~ ,.^',"',.,.,._....,.....___"_r"'".',."""'·~.""-_\<·_··_ SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING CONTINGENCY 2004-2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4990 OPERATING CONTINGENCY To be ulilized as a supplement for any line $50,000 items which are, exceeded during the budget year. Status of this Fund to be reported to Board. GASB & GAAP requirements. ENGINEERING 2004-2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3150 GENERAL 31501 General/Permit Assistance (permit renewal) 25,000 31502 Process Control 25,000 3151 FACE [FWEA) 40,000 -------------- $90,000 3162 PRE-TREATMENT 5,000 $5,000 ---------- TOTAL ENGINEERING $95,000 -------- ----------- GRAND TOTAL BUDGET: $4,522,000 ----------- ----------- F:\docs\Budgetlfy2005.2006\acct detail fy0506 Page 9 of 9 Exhibit 1.1. SOUTH CnURAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FlY 2005/2006 ACCOUNT NO. DESCRIPTION 2001-2002 2002-2003 2003-20Ô4 2004-2005 2004-2005 2005-2006 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET R 1212 REGULAR WAGES $95,000 $79,050 $ 96,000 $130,000 $110,000 $126,000 R31101 LEGÞL 5,000 2,389 3,200 5,000 3,200 4,000 R 31502 ENGINEERING 3,000 23,690 4,900 6,000 3.100 4,000 R 32001 AUDIT 4,000 4,000 2,000 4,000 4,000 4,000 ~ 3402 TESTING 15,000 16,628 14,800 20,000 17,000 17,000 ~ 3406 , METER CALlBRA nON 1,000 0 0 1,000 0 1,000 i 35004 SERVICES (LAWN MAINT) 15,000 9,550 9,100 9,000 9,000 9,000 i 43000 FUEL FOR VEHICLES 0 0 0 1,000 0 1,00. ~ 4300 ELECTRICITY 96,000 97,544 116,000 117 ,000 126,000 135,000 ~ 45001 ,INSURANCE 20,000 26,861 22,409 2"5,000 21,000 25,000 /46014 M & R ~QUIPMENT 8,000 11,128 19,300 10,000 10,000 10,000 :4640 M & R BUILDING 1,000 107 200 1.000 1,000 1,000 ~ 4902 LICENSES & PERMITS 0 0 0 0 0 0 : 5204 SUPPLiES LAB i,OOO 0 0 1,000 0 1,000 52103 CHEMICALS CHLORINE 40,000 40,999 37,000 42,000 70,000 90,000 -------------- ----------------- ~--..- ----.....----------- -------------------- --------------------------------------- OTAl BUDGET: $304,000 $311,946 $ 324,909 $372,000 $374,300 $428.000 F:\docs'ÐtJdgel,rY2005-2000IREUSE 0500 Paoe 1 0' 1 ,-".""»..."...", ." ~ __ww__·_..__..·,...""-·-··'·'·' SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATtONS& MAINTENANCE BUDGET FlY 2005/2006 2005-2006 '\CCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET R 1212 REGULAR WAGES Reuse charged ($35.00/hr) $126,000 , for work performed on system ' R31101 LEGAL Atttorney fees associated with 4,000 reclaim R 31502 ENGINEERING Engineering fees associated 4,000 with reclaim R 32001 AUDIT Audit fees for reclaim 4,000 R 3402 TESTING Costs associated for lab fee 17,000 required by DEP R 3406 METER CALIBRATION Calibration of transmitters, 1,000 totallizers, recorders as required R 35.004 SERVICES Cost Incurred for maintenance 9,000 of grounds associated with reclaim R 43000 FUEL FOR VEHICLES Fuel for monitoring of reclaim 1,000 ~ 4300 ELECTRICITY per I<WH including surcharge for 135,000 peak usage R 45001 INSURANCE Property liability package for 25,000 reclaim covered under plant policy R 46014 M & R EQUIPMENT Annual repair items for reclaim 10,000 pumps & equipment -R 4640 M & R BUILDINGS Cost incurred for repair of reclaim 1,000 buildings R 4902 LICENSE & PERMITS Cost for State & local reclaim 0 permits R 5204 LAB SUPPLIES Lab supplies consumed for 1,000 testing required by DEP R 52103 CHEMICALS Chlorine 133 tons @ $678 90,000 per ton .....-----..---- TOTAL BUDGET: $428,000 F :ldoCslBudgeIIfY2005. 20061REUSE 0506 Page 1 of 1 11 South Central Regional Wastewater Treatment & Disposal Board REPAIR & REPLACEMENT FUNDS 2005/2006 Interior modification Administration Building $ 150,000 Paint exterior Administration Building 10,000 Replace Tractor 35,000 Replace copier machine 10,000 Replace sampler 5,000 Replace Ford Ranger 12,000 Replace Confined Space Gas Detection 5,000 Replace Recirculating Pump Headworks Scrubber 40,000 Total $ 267 ,000 Page 3 of 5 F :\doGs\Budgel\fy2005-2006\SalientBudget0506.doG RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26, 2005, by a vote of 6-0, approve Authorization to establish wastewater user rate to cities for Fiscal Year 2005/2006 as follows: 2005/2006 OPERA TIONS & MAINTENANCE $0.7463/1,000 GAL RESERVES $0.1800/1 ,000 GAL TOTAL $0.9263/1,000 GAL WHEREAS, said Board action requires ratification by the City of Boynton Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratified said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor or City Manager Attest: Çity Clerk Approved as to form: City Attorney South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS, MAINTENANCE & RESERVES FUND USER RATE & PROJECTED REVENUES FlY 2005/2006 RATE O&M Budget $4,522,000 0.7463/1,OOO/gal O&M 0.1800/1 ,OOO/qal Reserves 0.9263/1.000/oal Total OPERATIONS & MAINTENANCE PROJECTED FLOW RATE INCOME MINIMUM 16.6 mgd $0.7463/1,000 GALS. $4,521,832 AVERAGE 17.5 mgd $0.7 463/1,000 GALS. $4,766,991 MAXIMUM 18.4 mgd $0.7463/1,000 GALS. $5,012,151 RESERVES FOR REPAIRS & REPLACEMENT PROJECTED FLOW RATE INCOME MINIMUM 16.6 mgd $0.18/1,000 GALS. $1,090,620 AVERAGE 17.5 mgd $0.18/1,000 GALS. $1,149,750 MAXIMUM 18.4 mgd $0.18/1,000 GALS. $1,208,880 F :\docs\Budget\fy2005-2006\rates 0506 Page 1 of 1 .""·c,.'....~·=,......, w ·W...·I..........'____..,_><'.·_," RA TIFICA TlON OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JUL Y 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26, 2005, by a vote of 6-0, approve Authorization to establish reclaim water user rate to consumers (Boynton, Delray and Plant) for Fiscal Year 2005/2006 as follows: 2005/2006 O&M 0.25/1,000 gal WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of ,by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney South Central Regional Wastewater Treatment and Disposal Board RECLAIM USER RATE OPERATION & MAINTENANCE F N 2005/2006 City of Boynton Beach (1.1 billion gal/year) 3 year average City of Delray Beach (191 million gal/year) No History (by permit) SCRWWTP (396 million gal/year) average Total = (1.687 billion gal/year) Projected budget O&M = $428,000 Rate Reclaim user rate based on projected flows = $ 0.2537 0.25/1,000 GAL $428,000/1,687,000,000 gal User Flows RATE Revenue City of Boynton Beach 1.1 billion gal/year 0.25/1000 gal 275,000 City of Delray Beach 191 million gal/year 0.25/1000 gal 47,750 SCRWWTP 396 million gal/year 0.25/1000 gal 99,000 $ 421,750 F:\docs\Budget\fy2005-2006\rates 0506 Page 1 of 1 VI.-CONSENT AGENDA ITEM C.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 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19, 2005 (Noon) [8J August 16, 2005 August 1,2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) o September 6, 2005 August 15,2005 (Noon) o November I, 2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15,2005 October 31,2005 (Noon) .-- 0 0 i-~i Administrative Development Plans i . ---t/ :r::~ .. NATURE OF [8J Consent Agenda 0 New Business .~~~ '--- .-- " C) AGENDA ITEM 0 Public Hearing 0 Legal :----., I _. -~ - - 0 Bids 0 Unfinished Business .~ --,- I:J ., 0 Announcement 0 Presentation -- .. 0 City Manager'~ Report (....J --'1 GJ '-fTl C"~ :=;þ G"', ¡IO ::r: RECOMMENDATION: Please place this request on the August 16, 2005 City Commission Agenda under Consent Agenda. Staff recommends the approval of the subject resolution that represents the endorsement of an abandonment application to the Palm Beach County Board of County Commissioners. The subject abandonment is for unimproved right-of- way, in part, abutted by city-owned property. For further details pertaining to this request, see attached Department memorandum #PZ 05-132, a letter from the County Housing Authority dated April 5, 2005, and a location map using an excerpt of a property tax map. EXPLANATION: As part of a housing development plan of the Palm Beach County Housing Authority, they will request for the abandonment of Pandora Avenue, an unimproved right-of-way located north of Old Boynton Road, west of Nichols Boulevard, recorded on the West Boynton Plat. Staff was not provided with a specific development plan for the project. It is only understood that project access will utilize other unimproved rights-of-way within the area as reviewed by County staff, and incorporate unnecessary rights-of-way into the overall project. Utility staff has reviewed the request and simply commented that all easements will be needed where city water and sewer lines will serve the project. Since the subject right-of-way to be abandoned is abutted by city-owned land, the city has been requested to consent to the subject application for abandonment. If the Commission endorses the subject resolution, a consent form will be signed by a city representative and forwarded to Kilday & Associates, Inc., agents for the abandonment application. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERN:TI~Æ .Þi;,"ve ,ubject «,olution tbe«by ~ Connty rigbt-of"way~ eve op n e ent DIrector Ity Manager's SIgnature Planning and Zo . g irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPR J\Misc\Agenda Item Request Pandora Ave (County Aban),dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II r 1 RESOLUTION NO. R 05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO 5 THE ABANDONMENT BY PALM BEACH COUNTY OF 6 THE RIGHT-OF-WAY FOR PANDORA AVENUE, FROM 7 HOLT STREET TO NICKELS BOULEVARD, INCLUDING 8 ANY EASEMENTS FOR ROAD RIGHT-OF-WAY WITHIN 9 THE PROPERTY; PROVIDING THAT THIS RESOLUTION 10 BE FORWARDED TO THE PALM BEACH COUNTY 11 COMMISSIONERS AND THE COUNTY ADMINISTRATOR; 12 AUTHORIZING CITY OF BOYNTON BEACH OFFICIALS 13 TO EXECUTE THE NECESSARY DOCUMENTS TO 14 EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN 15 EFFECTIVE DATE. 16 17 18 WHEREAS, the Palm Beach Housing Authority is developing a housing project on 19 the property located on the northwest comer of the intersection of Holt Street and Quentin 20 Avenue, immediately west of property owned by the City of Bcynton Beach as depicted on the 21 location map attached hereto as Exhibit "A"; and 22 WHEREAS, the road right-of-way for Pandora Avenue, which intersects the Housing 23 Authority property and the property owned by the City of Boynton Beach, is currently 24 dedicated to the County; and 25 WHEREAS, as recommended by staff, the City consents to the County abandoning 26 the portion of Pandora A venue from Holt Street to NIckels Boulevard, including any 27 easements for road right-of-way purposes; and 28 WHEREAS, the City Commission finds that the health, safety and welfare of the 29 citizens in this community will be promoted by the actions required by this Resolution. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: II I 1 Section 1 The foregoing "WHEREAS" clauses are confirmed and ratified as being 2 true and correct and are hereby incorporated. 3 Section 2. The City Commission hereby consents to the Palm Beach County 4 Commissioners taking such appropriate governmental action as may be necessary to vacate, 5 abandon and/or convey the right-of-way for Pandora Avenue from Holt Street to Nickels 6 Boulevard including any easements for road right-of-way purposes. A copy of a location map 7 is attached hereto as Exhibit "A". 8 Section ~. The City Commission hereby directs the City Clerk to immediately 9 forward a copy of this Resolution to the Palm Beach County Commissioners and the County 10 Administrator. 11 Section 4 The appropriate City officials are hereby authorized and directed to 12 execute the necessary documents to effectuate the purpose and intent of this resolution. 13 Section 5. This Resolution shall become effective immediately upon its passage and 14 adoption. 15 PASSED AND ADOPTED this _ day of August, 2005. 16 CITY OF BOYNTON BEACH, FLORIDA 17 18 19 Mayor 20 21 22 Vice Mayor 23 24 25 Commissioner 26 27 28 Commissioner 29 30 31 Commissioner II I 1 ATTEST: 2 3 4 City Clerk 5 PALM BEACH COUNTY HOUSING AUTHORITY 3432 West 45th Street· West Palm Beach. Florida 33407 . Phone Main Office (561) 684-2160 Fax Administrative (561) 616-3537 BARRY F. SEAMAN Phone Section 8 (561) 684-0278 £X~culivt DifY'CIOr Fax Section 8 (561) 684-1192 April 5,2005 , Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, ,Florida 33435 He: Petition to AbandonNacate Palm Beach County Hous3ng Authority- Boynton Area Subdivision Our File No.: 803.02 Dear Mr. Bressner: The Palm Beach County Housing Authority has dead,ed to proceed with development of its housing project on the property located at the ROf mwest comer of the intersection of Holt Street and Quentin Avenue, immediately west of property owned by the City of Boynton Beach. As a result, the Housing Authority has been in touch with Palm Beach County regarding our proposed development and because it intersects the Housing Authority property and the City of Boynton Beach property, they suggest that the right-of-way for Pandora Avenue be abandoned from Holt Street to Nickels Boulevard. To accomplish this request, we will need the City's consent for abandonment for that portion of Pandora Avenue which bisects the City's property. We will be happy to include your request in our abandonment petition, which will save you time and money in the event you should decide to develop the property in the future. Upon abandonment, the City will have the opportunity to purchase from Palm Beach County that portion of abandoned right-of-way immediately adjacent to the City-owned property. Attached you will find a copy of a survey showing your portion of the right-of-way proposed to be abandoned as well as the County's abandonment consent form for your execution. Should you have any questions or if I may be of any further assistance, please do not hesitate to contact me at (5'61) 684-2160. Thank you for your assistance in this matter. Sincerely, S~~ Barry F. Seaman Executive Director , Palm Beach County,Housing Authority , DEPARTMENT OF DEVELOPMENT Memorandum PZ 05-132 / TO: Wilfred Hawkins, Assistant City Manager THROUGH: Quintus Greene Development Director FROM: Michael Rum~{¡ Planning & Zoning Director DATE: July 21, 2005 RE: Pandora Avenue - Consent to application for county abandonment application As you know, the Palm Beach County Housing Authority is planning to construct residential units on their vacant property located north of Old Boynton Road, west of the Boynton Beach Mall (west of Nickels Boulevard). As part of their project, they are abandoning a segment of an unimproved street as recorded on the original West Boynton plat. I understand that project access would be from Quentin Avenue, another unimproved right-of-way established on the same plat, and to expanded through an easement dedication from the city. As a segment of this right-of-way (to be abandoned) is bordered by property owned by the City, the y, as an adjacent property owner, must consent to the abandonment application to Palm Beach ""ounty. Please find the attached consent document as part of an application for abandonment of Pandora Avenue from Holt Street to Nichols Boulevard. I have also attached an excerpt of the corresponding tax map, and highlighted it to identify the subject right-of-way and city-owned property. Also for your information, is the fact that some analysis on the city's part had been previously conducted, as documented in Mr. Gomez's letter dated January 24, 2005, and attached hereto. As for the easement needed along the existing Quentin Avenue, I am not aware of the status of this request. Please endorse the subject document, or forward it to the appropriate representative who can sign it on the City's behalf. Return it to me and I'll continue to coordinate with staft of the county and Kilday & Associates, Inc. who are acting as agents for this application. Let me know if you need additional information or have any questions. S:\Plannlng\SHARED\WP\CORRESP\Corresp M thru Z\Hawklns - Aband - Pandora Ave.doc ~~'g ! ~ , ~r (j) (;; ~~ Þ fT1 na . "" c.... 1\) -f JJ;o ~ Ì)-- fT1< --),. C..¡ I .::0 :Þ Þ :0 . "-I () ð;/O CD -i o I\) ." 0 ts ~ "'- S T r ()) / \~ ~I~ I $):$ I I ;.,.,OJ Þ IJI . C) 1 , }> ~ - ~ 1 ti ~ ,~ , ~ 0"0 ~- ~ ~ 0" , = ~ Q. ~-I 0 , = " I ~ Q. I -- ~ I I g , - :.~_,I J --- - " i 0 " :r j O· I - =¡ -..;;:: 2-, '-.~ ... I~,·.. ~:;.. ',816 ~~ f~ I -- --.-. -- ~ N "C"'l< E l S ~ 1-- ' ~ ~~ · tll: ~,f1 .... ~ ~ ~~. -4 If; ~ Iv. ~. · "i ^, r,. þ: ~~ tf', .J '" ¡ J'~ <) , _. .",.J ~ ' . " ~ f ~(1) . ~ ~~ ~, tt 1::- ~rt~ ~ ~ 't ~~.;; ~ ~, U:! ~ Ri ... (7)~ "'- ,I\) 1"-1 ~ /ò ~ 0 ' I- ~ ~......,;. . ~ 41~ ~I~ ' 1- , " 'h-1 " ~W;'-~ "'\ Ii\; ~r ~Ì\j ~ t~ ~I=-~R ~<. 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'.. ,. » _ ~ . ) :.; :..I A City of Boynton Beach Insurance Committee Recommendation to the City Commission for the 2005-2006 Insurance Renewal The recommendation ftom the insurance committee is based upon the City's negotiated rate for the 2005-2006 medical insurance renewal of 12.69%. Instead of accepting a 14.50% increase in the medical insurance premiums with no modification to any of the City's current benefits, the committee is recommending to the City commission a revised plan, adding Blue Options and a third program offering to the employees at the current blended rate, and accepting the negotiated renewal rate of 12.67%. 1 2 RESOLUTION NO. R05- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING 7 NEGOTIA TED RENEWAL BENEFITS AND PREMIUMS 8 FOR 2005-2006 HEALTH INSURANCE COVERAGE 9 WITH BLUE CROSS/BLUE SHIELD OF FLORIDA; AND 10 PROVIDING AN EFFECTIVE DATE. I 1 12 13 WHEREAS, the City Commission of the City of Boynton Beach, upon 14 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 15 City of Boynton Beach to approve the negotiated renewal benefits and premiums for 2005- 16 2006 health insurance coverage with Blue Cross/Blue Shield of Florida, for all city 17 employees. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section I: Each Whereas clause set forth above is true and correct and 21 incorporated herein by this reference. 22 Section 2. Upon recommendation of staff, the City Commission of the City of 23 Boynton Beach, Florida does hereby approve the negotiated renewal benefits and premiums 24 for 2005-2006 Health Insurance coverage with Blue Cross/Blue Shield of Florida. 25 1 2 Section 3. That this Resolution shaH become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of August, 2005. 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 27 (Corporate Seal) 28 29 30 CITY OF BOYNTON BEACH 2005 BLUE CROSS HEALTH INSURANCE RENEWAL COMPARISON HMO Plan 1 PPO Plan 101 NS BlueOptions 1748NS Provider Network BlueCare BlueChoice Network Blue Maximum Benefit Unlimited $5,000,000 $5,000,000 BASIC CARE (office visits. blood tests. diaQnostic tests. physicals. prescriptions-this is all 70%+ of insureds will receive ) Open Access to PCP/Spec? No Yes Yes Test Approval Required? Yes No No 1M, GP, FP, Ped OV Copay $5 deductible/coinsurance $5 Specialist OV Copay $5 ded uctible/co insurance $5 l\dult Wellness Physical Maximum unlimited not covered $250 ndependent Clinical Lab Copay $0 ded uctible/coinsurance $0 nd Diagnostic Testing Fac Co pay $0 deductible/coinsurance $0 :)rescription Copays $5/15/30 deductible/coinsurance $5/15/30 'HYSICIAN SERVICES RECEIVED OUTSIDE OF THE PHYSICIANS OFFICE (surQeons. IP visit. ER. Anesthesia. Radioloav. Patholoay) ;alendar Year Deductible (individual) $0 $300 $0 in network/$500 out of network ;alendar Year Deductible (family) $0 $600 $0 in network/$1500 out of network ;oinsurance % you pay (in network) 0% 10% of negotiated fee 0% of negotiated fee ;oinsurance % you pay (out of network) 100% 30% + balance billing 40% + balance billing in excess of allowance in excess of allowance IOSPITAL SERVICES (Varies by Hospital under BlueOptions - Option 1 Hospital/Option 2 Hospital/Option 3 Hospital) 1patient Copay / admit $ 0 deductible/coinsurance $0/500/750 )utpatient Surgery / Test Copay $ 0 deductible/coinsurance $0/200/300 mergency Room Services Copay $50 deductible/coinsurance $50 mb / DME / HHC /Injectable Drug $ 0 deductible/coinsurance deductible/coinsurance herapy Copay / Benefit Maximum $0, 60 days ded/coins, $2500/yr ded/coins, $2500/yr IAXIMUM OUT OF POCKET EXPENSE ON COVERED CHARGES/CALENDAR YEAR(protection from unbudaetable medical expenses) ed / Coins / Non-Rx Copays $1500 $1500+ deductible In network / out of network $1500 / $3000 Blue Choice non-participating provider benefits access the Blue Cross Traditional network to access its pre-negotiated fees and no balance-billing provisions with providers that do not participate in Blue Choice. BlueOptions non-participating provider benefits access both the Blue Cross PPO and Traditional networks to access their pre- negotiated fees and no balance-billing provisions with providers that do not participate in Network Blue. Expenses with providers who are not under any contract with BCBSFL are subject to the BCBSFL "MAP" (Maximum Allowable Payment), which is lower than actual charges. Also, members are subject to balance billing from non-participating providers, VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19,2005 (Noon) I:8J August 16, 2005 August 1,2005 (Noon) o October 18, 2005 October 3,2005 (Noon) o September 6, 2005 August 15, 2005 (Noon) o November 1, 2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15, 2005 October 31, 2005 (Noon) . . ~ '") ·--1 0 0 =--~ .--( Administrative Development Plans J::~ ---<c- I:8J Consent Agenda 0 New Business G} ":. ~.q NATURE OF I r~~} AGENDA ITEM 0 Public Hearing 0 Legal w -, 0 0 -""-- Bids Unfmished Business ,-'. c-. 0 Announcement 0 Presentation - '- _.- -',.:~ - "~co .. D City Manager's Report - ~- fll :=:> CO ; "Ç") RECOMMENDATION: Please place the attached resolution R 05- _ authorizing the Mayor to execute an agreement to exchange real property along with a quit claim deed on behalf of the city to the Deliverance by Faith Church and to accept a warranty deed from the same church for properties located on NE Martin Luther King Boulevard (10th Avenue) in the City of Boynton Beach. EXPLANATION: The purpose of the exchange of deeds on these parcels is to assist the Community Redevelopment Agency (CRA) in the assembly of a development parcel as part of the first phase of the Heart of Boynton Redevelopment Project. PROGRAM IMPACT: The land exchange eliminates the necessity of property acquisition and possible condemnation of a required development parcel. FISCAL IMP ACT: None AL TERNA TIVES: The CRA would proceed with acquisition and possible condemnation in order to secure the required parcel from the church. ~~ Dep~ City Manager's Signature Department of Development City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC ] RESOLUTION NO. R 05 - 2 3 A RES01,UTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE MAYOR TO 5 EXECUTE AN AGREEMENT TO EXCHANGE REAL 6 PROPERTY AND A QUIT CLAIM DEED IN FAVOR OF 7 DELIVERANCE BY FAITH CHURCH AND 8 ACCEPTING A DEED FROM DELIVERANCE BY 9 FAITH CHURCH EXCHANGING LAND OF EQUAL ]0 VALUE LOCATED ON NORTHEAST MARTIN 11 LUTHER KING BOULEVARD IN BOYNTON BEACH; ]2 AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach is the owner of a parcel of land located on ]5 Northeast Martin Luther King Boulevard in the City of Boynton Beach and described in the 16 Quit Claim Deed attached hereto as Exhibit "A"; and 17 WHEREAS, Deliverance by Faith Church also owns a parcel of property ]8 approximately the same size and value, in the same general area and under the same land use 19 and zoning as the City's parcel of land and described in the Warranty Deed attached hereto as 20 Exhibit "B"; and 21 WHEREAS, staff has made a recommendation that the parties exchange parcels of 22 land, the particulars of which are set out in the Agreement to Exchange Real Property, a copy 23 of which is attached hereto as Exhibit "C", to assist the Community Redevelopment Agency 24 in the assembly of a development parcel as part of the first phase of the Heart of Boynton 25 Redevelopment Project; 26 NOW, THEREFORE, BE IT RESOLVED 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 hereby ratified and confinned by the City Commission. 30 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 31 the Mayor to execute an Agreement to Exchange Real Property, attached hereto as Exhibit S:\CA\RESO\Real Estate\2nd ùmd Exchange with Deliverance by Faith Church,doc <M,_~ ...._.,.....". "'~;¡,..i'I;.;/'Io"*:y..IIt011i1... ~ ~..,.__....,..,'~,.- 1 'C", a Quit Claim Deed transferring ownership to the property described in the Quit Claim 2 eed attached hereto as Exhibit "A" to Deliverance by Faith Church and to accept ownership 3 n behalf of the City of Boynton Beach of the land described in the Warranty Deed attached 4 ereto as Exhibit "B". 5 Section 3. That this Resolution will become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of , 2005. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 Commissioner 26 27 28 ity Clerk 29 30 Corporate Seal) 31 32 :\CA \RESO\Real Estate\2nd Land Exchange with Deliverance by Faith Church.doc tz 01 0 0 ...... ~ d- O 0 0 ~ CO 0 go 0 ...... 0 (,.) 0 0 0 0 ~ go 0 .., 0 ~ 0 go N 0 0 0 ~ 0 0 œ ...., .., 0 0 ~ 0 0 ~ 0 0 0 0 ~ 0 0 <II œ en 0 0 ...... 0 0 0 0 0 0 0 ~ 0 0 ~ <II 01 0 0 0 0 0 0 () 0 0 0 0 0 CD ~ ~ C) 0 C) -. ~ < N 0 C) C) C) 0 CD (,.) (,.) ...... 0 ã) C) 0 0 ~ 0 0 :::J ~ N N C) 0 <:> () C) 0 0 CD ....... ~ C) 0 C) CD ------ C) '< C) () 0 C) 0 ï1 C) ...... 0 Q) C) <:) go <:) <:) -. ...... C) ~ r-+ ~ 0 <:) =r 01 ~ ...... <:) I C) <:> C) 0 0) 0 <:) <:> C) .., <:) Z N 0 N I\) C) <:) 0 <:) N <:) CD N N C) (,.) :E C) <II C) (j) ~ -. ~ r-+ go 0 CD <:) C) <:) <:) <:) <:) (,.) N N 0 r ~ ...... 0 () Q) 1101 r-+ -. - 0' :::J <:) [~~r --~~~~ ~r--: (,.) <:) 0 -}] <:) <:) o ~ 0 0 ~ N N ~ ~ (,.) <:) <:) o <:) ~ 0 ~ -------------~ 1 ~_____I_____ ------1t£ED~ ---------- ~ <:> N ~ <:) e --,,,,,,,",,,",,,,,,-^,,~,.~ .',,,,' ~ I~- , """"''''''"¥''"''''" ~ .1'" " This Instrument Prepared by and Return to: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 PIN: 08-43-45-21-04-000-0021 WARRANTY DEED THIS INDENTURE, made this _ day of August, 2005, by and between Deliverance by Faith Church, Inc., a Florida not for profit corporation, whose post office address is 111 NE M.L.K.J. Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "Grantor" and City of Boynton Beach, a Florida municipal corporation, whose post office address 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "Grantee." WIT N E SSE T H: That said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee' successors and assigns forever, the following described land, situate, lying and being in PALM BEACH County, Florida, to wit: The East 'is? of Lot 26 less the South 10 feet for a road right-of-way, Block 1 of E. ROBERTS ADDITION, according to the plat thereof, as recorded in Plat Book 1, Page 123 of the Public Records of Palm Beach County, Florida. SUBJECT TO: Taxes for current year and subsequent years, zoning and/or restrictions and prohibitions imposed by governmental authorities, and easements and restrictions and other matters appearing on the plat and/or common to the subdivision. Together with: All the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and To Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and wiU defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year first above written. Signed, sealed and delivered In our presence: DELIVERANCE BY FAITH CHURCH, INC., a Florida not for profit corporation By: Glenn Lyons, President (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of August, 2005 by Glenn Lyons, as President of Deliverance by Faith Church, Inc., on behalf of said corporation, who is personaJIy known to me or has produced a Florida driver's license as identification. NOTARY PUBLIC H:\2005\050285\05-07-25 Warranty Deed to BB from church.doc This Instrument Prepared by and Return to: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, PA 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 PIN: 08-43-45-21-04-000-0021 QUIT CI ,AIM nERD THIS QUIT CLAIM DEED made this _ day of August, 2005 between City of Boynton Beach, a Florida municipal corporation, whose post office address is 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425 (hereinafter referred to as "Grantor") and Deliverance by Faith Church, Inc., a Florida not for profit corporation whose post office address 111 NE M.L.K.J. Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to as "Grantee"). "Grantor" and "Grantee" are used for singular or plural, as context requires, WITNESSETH: The said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit-claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel ofland, situate, lying and being in the County ofP ALM BEACH, State of Florida, to-wit: Lot 2 less the North 10 Feet of Right of Way of ROBERT WELLS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Florida. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anyway appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit, and behalf of the said Grantee forever. IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and year first above written. 10f2 Signed, sealed, and delivered CITY OF BOYNTON BEACH, a Florida in the presence of: municipal corporation Witness By: --- Title: (Print Name) Witness (Print Name) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _ day of August, 2005 by , as of the City of Boynton Beach, Florida who is personal1y known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC H:\2005'050285'ú5-D7-25 Quit-Claim Deed to church rrom BRdoc 20f2 "~""";""~'¡¡';______I>I'~"""'"II>ii<~';""""",","""_'''''''__'',",,''.'''''''~''''''-'''',-, AGREEMENT TO EXCHANGE REAL PROPERTY THIS AGREEMENT is made on August _, 2005 by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter referred to as the "City"), and Deliverance by Faith Church, Inc., a Florida not for profit corporation (hereinafter referred to as the "Church") with the purpose of exchange real property. WHEREAS, the City owns Parcel A and the Church owns Parcel B which two parcels are more particularly described as: PARCEL A (Property of the City) Lot 2 less the North 10 feet Road of Way of ROBERT WELLS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Florida. PARCEL B (Property of the Church) The East ~ of Lot 26 less the South 10 feet for a road right-o¡'way, Block 1 of E. ROBERTS ADDITION, according to the plat thereof, as recorded in Plat Book 1, Page 123 of the Public Records of Palm Beach County, Florida. WHEREAS, in the co11ective interest of the City and the Church, each has expressed a desire to exchange the two (2) Parcels. THEREFORE, in consideration of the premises, the mutual covenants and agreements herein contained, First Party and Second Party do hereby covenant and agree as fo11ows: 1. CONVEYANCE AND CONSIDERATION: For the consideration and on the subject to the tenns, provisions, and conditions hereinafter set forth, the City agrees to convey to the Church the real property described above as Parcel A together with a11 and singular the rights and appurtenances pertaining to the real property, including any right, title, and interest of the City in and to adjacent streets, al1eys, or rights-of-way together with any improvements, fixtures, and personal property situated on and attached to Parcel A, in exchange for the conveyance by the Church to the City of the real property described above as Parcel B, together with a11 and singular the rights and appurtenances pertaining to the real property, including any right, title, and interest of the Church III and to adjacent streets, aBeys, or rights-of-way, together with any improvements, fixtures, and personal property situated on and attached to the Parcel B. 2. CONDITIONS TO OBLIGATIONS OF THE CITY The obligations of the City to consummate the exchange as contemplated by the terms and provisions of this Agreement are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by the City): a) Requirement of Survey. The Church shall furnish to the City a current plat of survey of Plat B prepared by a licensed and registered surveyor or engineer. The City wj]J have ten (10) days after receipt of such survey to review and approve same. In the event any portion of such survey is unacceptable to the City, then the City shall notify the Church of such fact. If the Church chooses not to take actions to correct unacceptable portions of the survey or is unable to do so, the City may terminate this agreement. b) Acceptability of Title. The City shall obtain an opinion of title prepared relating to Parcel B. The City shall give the Church written notice on or before the expiration of ten (10) days after receiving such results oftitle that the condition of title as set forth therein is or is not satisfactory. In the event the condition is reported as not satisfactory, it will be documented by title examination, provided at the expense of the Church. On receipt thereof the Church shalJ promptly undertake to eliminate or modify all objections to the reasonable satisfaction of the City. In the event the Church is unable to respond to objections within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, said condition shalJ be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. c) Estoppel Letter. The Church shall deliver to the City an "estoppel letter" signed by the holders of any existing indebtedness secured by Parcel B, stating: (1) that as of the closing date no default exists under either the deed of trust or mortgage or notes or any instruments securing the payment of same; (2) that all installments of principal and interest payable to the date of closing have been paid; (3) the amount of the unpaid balance of the notes; and (4) that there have been no modifications or amendments to such note or deed of trust or mortgage instruments. 3. REPRESENTATIONS AND WARRANTIES OF THE CHURCH The Church hereby represents and warrants to the City as follows: (1) There are no parties in possession of any portion of Parcel B as lessees, tenants at sufferance, or trespassers; (2) There is no pending or threatened condemnation or similar proceeding or assessment 2 ."'..·..''"''·,_____;;....____""""_........."'·.,",""..,.-.'c · affecting Parcel B, or any part thereof, nor to the best knowledge and belief of the Church is any such proceeding or assessment contemplated by any governmental authority; (3) The Church has complied with all applicable laws, ordinances, regulations, statutes, rules, and restrictions relating to Parcel B described herein, or any part thereof; (4) Parcel B has fun and free access to and from public highways, streets, or roads and, to the best knowledge and belief of the Church, there is no pending or threatened governmental proceeding which would impair or result in the tennination of such access. 4. REPRESENT A TIONS AND WARRANTIES OF THE CITY The City hereby represents and warrants to the Church as follows: (1) There are no parties in possession of any portion of Parcel A as lessees, tenants at sufferance, or trespassers; (2) There is no pending or threatened condemnation or similar proceeding or assessment affecting Parcel A, or any part thereof, nor to the best knowledge and belief of the City is any such proceeding or assessment contemplated by any governmental authority; (3) The City has complied with an applicable laws, ordinances, regulations, statutes, rules, and restrictions relating to Parcel A described herein, or any part thereof; (4) Parcel A has fun and free access to and from public highways, streets, or roads and, to the best knowledge and belief of First Party, there is no pending or threatened governmental proceeding which would impair or result in the tennination of such access. 5. CLOSING The closing shan be via courier, overnight delivery or held at the office of GOREN, CHEROF, DOODY & EZROL, P.A. located at 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308 on or before August _, 2005 (herein referred to as the "closing daten). At the closing: (a) The City shall: (i) Deliver to Church a duly executed and acknowledged Quit-Claim Deed conveying good title in fee simple to Parcel A, free and clear of any and an liens and encumbrances. (ii) Deliver to Church possession of Parcel A. 3 (b) The Church shall: (i) Deliver to the City a duly executed and acknowledged Warranty Deed in a form acceptable to City's counsel conveying good and marketable title in fee simple to Parcel B, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions. (ii) Deliver to the City possession of Parcel B. 6. MISCELLANEOUS PROVISIONS: a) Real estate taxes for the then current year relating to Parcel B shall be prorated as of the closing date. (b) Nominal documentary stamps on both parcels, Parcel A and Parcel B, shall be paid by the City. (c) Filing fees shall be paid by , attorney's fees shall be paid by respectively. (d) Title costs relative to Parcel B shall be paid by the City. (e) This Agreement shall be construed under and in accordance with the laws of the State of Florida and all obligations of the parties created hereunder are performable in Palm Beach County, Florida. (f) In case anyone or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shaH not affect any other provision thereof and this contract shaH be construed as if such invalid, iHegal, or unenforceable provision had never been contained herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first mentioned above. Witness: DELIVERANCE BY FAITH CHURCH By: Title: Date executed: 4 ", '.~-, '_..;;e,~·__.o!.... ~'~.- "lo!>'iIiIr"\I'"'~ ."_~,~";,......",._-"""., CITY OF BOYNTON BEACH ATTEST: By: Title: City Clerk Date executed: H:\2005\050285\05-07- 19 Exchange of Real Property.doc 5 VI.-CONSENT AGENDA ITEM D.l. 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 2, 2005 July 18,2005 (Noon,) o October 5, 2005 September 19,2005 (Noon) [g August 16, 2005 August I, 2005 (Noon) o October I 8, 2005 October 3, 2005 (Noon) o September 6, 2005 August 15,2005 (Noon) o November I, 2005 October 17, 2005 (Noon1~' .oL'. -.;- o September 20, 2005 o November 15,2005 L~ '...' - September 6, 2005 (Noon) October 3 I, 2005 (NoonE:; " r'<ì .;' . --1 ,,,.-..¡ 0 Administrative 0 Development Plans - ~,.,- . ...~ ---' c: NATURE OF [g Consent Agenda 0 New Business - - .oc=:.- - --1-; AGENDA ITEM 0 Public Hearing 0 Legal .. -"!1Ç~ _poi ,- ~~~ 0 Bids 0 Unfinished Business '-.£: 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 16,2005 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be approved on July 26, 2005, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-126. EXPLANATION: PROJECT: Children's Services Council (NWSP 05-018) AGENT: Michael O. Rossin, STH Architectural Group, Inc. OWNER: Children's Services Council of Palm Beach County LOCATION: Lot 91 Quantum Park, northeast comer of Gateway Boulevard and High Ridge Road DESCRIPTION: Request for New Site Plan approval for construction of a three (3) story, 100,000 square foot office building on a 6.53-acre parcel in the Quantum Park Planned Industrial Development District (PID). PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~ Develop City Manager's Signature ~A)~~ City Attorney / Finance / Human Resources lanning and g Drrector S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 91 \Children's Services Council\Agenda Item Request Children's Srv Council NWSP 05-018 8- 16- 05,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-126 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rum~\li~ Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: July 12, 2005 PROJECT NAME/NO: Children's Services Council / NWSP 05 - 018 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Children's Services Council of P.B. County Applicant: Children's Services Council of P.B. County Agent: Michael O. Rossin, STH Architectural Group, Inc. Location: Quantum Park Lot 91, northeast corner of Gateway Blvd. and High Ridge Road (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (I) / Planned Industrial District (PID) Proposed Land Use/Zoning: No change proposed Proposed Use: Request for New Site Plan approval for construction of a three (3) story, 100,000 square foot office building on a 6.53 acre parcel Acreage: 6.53 acres Adjacent Uses: North: Gateway Professional Center to the northwest and to the northeast, the Tri-Rail station, both with an Industrial (I) land use designation, and zoned Planned Industrial Development (PID); South: Right-of-way for Gateway Boulevard, then farther south vacant Lots 81 & 82 in Quantum Park, owned by the City Of Boynton Beach, with an Industrial (I) land use designation, and zoned Planned Industrial Development (PID); ,,,,-.._;",.-_,,- " ¡''OJ<- :<0'" -,'n __- ,,-.. ~<:¡'~--';"-'''-'''-''-" Staff Report - Children's Services Council (NWSP 05-018) Memorandum No PZ 05-126 Page 2 East: Right-of-way for the CSX Railroad, then farther east right-of-way for Interstate 95; and West: Right-of-way of High Ridge Road, then farther west vacant land approved for the Quantum Park and Village North mixed use project with an Industrial (I) land use designation, and zoned Planned Industrial Development (PID). Project size: The project consists of a three-story, 100,000 square foot office building on 6.53 acres. Site Characteristic: The subject parcel is comprised of Lot 91 of the Quantum Park PID and is a fairly rectangular shaped piece of land approximately 650 feet long and approximately 450 feet wide. The parcel is vacant and situated between High Ridge Road on the west and The CSX Railroad on the east, along the north side of Gateway Boulevard. The survey shows that the highest elevation is 33.7 feet above sea level, located near the southwest property line, along High Ridge Road. BACKGROUND Proposal: The Children's Services Council proposes to construct a three (3) story, 100,000 square foot office building. The project consists of a forty-five (45) foot tall office building with 311 parking spaces. Previous applications for development of the site by different owners included an Ice Skating Facility and a Gas Station. ANALYSIS Concurrency: Traffic: A traffic concurrency approval letter was received from Palm Beach County Traffic Engineering. No permits are to be issued after the proposed build-out year of 2007, without further approvals from Palm Beach County. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. School: This project is exempt from the school concurrency requirements of Palm Beach County . Driveways: The subject property fronts on the access drive to the Tri-Rail Station from High Ridge Road. Proposed on-site circulation consists of a single driveway entrance/exit from this shared access drive, affording unobstructed traffic circulation throughout the proposed parking area. Parking Facility: Parking required for this type of facility is based on one (1) parking space per 300 square feet of office space, for a total of 300 parking spaces. The plan as designed accommodates 311 parking spaces, including 8 handicap spaces. The typical parking spaces are dimensioned 9.5 feet x 18.5 feet, with the handicap spaces Staff Report - Children's Services Council (NWSP 05-018) Memorandum No PZ 05-126 Page 3 shown as 12 feet x 18.5 feet with the associated 5 foot striped aisle. Also, the applicant has provided a parking study based upon the number of employees, various functions within the building, and estimated transit ridership with a Tri-Rail station immediately adjacent to the property. The study indicates an excess of 28 parking spaces. Landscaping: The proposed pervious or "green" area of the lot would be 2.56 acres or 39.2% of the total site. The landscape plan tabular data (Sheet LS-2) indicates that 102 (59 native) trees, 168 (133 native) palms and 3,532 (1,904 native) shrubs and groundcover are being provided. Typical trees being utilized in the planting scheme include Live Oak, Laurel Oak, Tabebuia and Tibouchina, along with Royal, Sabal and Washingtonia palms. Shrub materials selected for the site include Cocoplum, Ixora, Wax Jasmine and Saw Palmetto. A Senegal Date Palm is proposed to be planted at the entrance as the background for the monument sign. A Vegetation Analysis was conducted due to the sensitive nature of the existing habitat. The analysis revealed that the western portion of the site supported the most significant understory vegetation and mid-age Sand Pines. Therefore, the applicant and the City Forester agreed the largest preserve area, approximately 130 feet in width, would be along the western edge of the property, abutting High Ridge Road. As well as preserving plant material in place, this will be the primary relocation area for those trees and shrubs that can be moved from the building pad/parking area. An additional preserve area will be designated along the east property line and will be in excess of 25 feet in width. A third area of approximately 15 feet in width will be preserved along the south property line. These areas will be set aside, protected during the construction and maintained by the owner in perpetuity. Staff recommends that a conservation easement document, acceptable to the City Attorney, be recorded for the preservation and maintenance in perpetuity of the designated preserve areas depicted on Sheet LS-1 of the landscape plan (see "Exhibit C" - Conditions of Approval). Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed three-story office building would have a typical roof height of 45 feet, with the top of the parapet wall extending to 47 feet - 6 inches. The maximum allowed height in the PID zoning district is 45 feet, and parapet walls may extend up to five (5) additional feet above the roof deck. The floor plan (Sheets A2.1.0 & A2.2.0) shows all three floors with a lobby area and flexible layout for a variety of office needs. Sheet A3.1.1 provide an illustration of the contemporary design of the building facades, with a smooth stucco finish, recessed wall panels, geometric pattern score lines, decorative fabricated metal screens, and glass wall panels. The enby is flanked with cascading water features flowing into reflecting pools. Design: The elevation drawing (Sheets A3.1.1) shows that the building would be designed as a contemporary office building with the façade improvements discussed above. The body of the building would be white in color. The accent body colors are proposed on the geometric patterned squares that comprise the façade on either side of the building entries. The east side of the front and rear entry will be painted ~'··"'"''''__'___lIOIiI\I~' 'U" .",' ..,., '¡"'-"'",,",,*,"'",;';~""" Staff Report - Children's Services Council (NWSP 05-018) Memorandum No PZ 05-126 Page 4 a palette of warm, earthtone colors in the tan family (Pittsburgh Paints - "Spanish Sherry" 329-4, "Gingerly" 329-5 and "Cappucino Bombe" 429-5). The west side of the front and rear entry will be painted a palette of cool colors in the aqua range (Pittsburgh Paints "Aqua Whisper" 256-3, "Aqua Fiesta" 356-4 and "Teal Bayou" 356-5). The applicant has provided the City with a letter of approval from the Quantum Architectural Review Committee (ARC) ofthe site plan and associated architectural drawings. Signage: The signage will be required to follow the Quantum Park Signage Program. The applicant has not yet received (ARC) for their signage plan. A condition of approval is the requirement that the signs comply with the Quantum Park signage program (see Exhibit "c" - Conditions of Approval). RECOMMENDATION: Staff has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "c" - Conditions of Approval. The Technical Application Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\PlanningISHAREDlWPlPROJECTSIOuantum Park Lot 91\NWSP 05-018\Staff reportdoc Meeting Minutes Planning & Development Board Boynton Beach, Florida July 26, 2005 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the June 28, 2005 Planning and Development Board meeting Agenda items. Ed Breese, Principal Planner, reported on the planning and zoning items heard by the Commission at its July 19, 2005 meeting. · The Knollwood annexation, land use, and new site plan were approved on first reading. · The Gerrity rezoning was approved on first reading. · The maximum building height in Planned Unit Development districts was approved on first reading. · The Land Development Regulations regarding setbacks was approved on second reading. · The Arbolata major site plan modification was approved on Consent Agenda. · The Bethesda Hospital major site plan modification and height exception was approved on Consent Agenda. 6. Old Business - None 7. New Business Assistant City Attorney Tolces administered the oath to all persons who would be testifying. A. New Site Plan 1. Project: Children's Services Council (NWSP 05-018) Agent: Michael O. Rossin, 5TH Architectural Group, Inc. Owner: Children's Services Council of Palm Beach County Location: Lot 91 Quantum Park; northeast corner of Gateway Boulevard and High Ridge Road Description: Request for New Site Plan approval for construction of a three (3) story, 100,000 square foot office building on a 6.53-acre parcel in the Quantum Park Planned Industrial Development District (PID). Deb Tatonetti, Director of Administrative Services at Children's Services Council, 1919 North Flagler Drive West Palm Beach, appeared. 2 ·_H->"""'..........,.'<"'¡¡.;>'___· t""".,u",. r·_··",_,_·,.""·~,,,. Meeting Minutes Planning & Development Board Boynton Beach, Florida July 26, 2005 Chair Wische noted there were 34 staff comments and Ms. Tatonetti responded the applicant was in agreement with all staff Conditions of Approval. Chair Wische opened the floor for the public to speak, and closed it when no one came forward. Motion Mr. Casaine moved to approve the request for new site plan approval for construction of a three-story, lOOK square foot office building on a 6.53-acre parcel in the Quantum Park Planned Industrial Development District (PID) subject to all staff comments and conditions of approval. Ms. Jaskiewicz seconded the motion that passed 7-0. B. Project: Interstate Sign Crafters (Ph III) (NWSP 05-25) Agent: Michael Sipula, JMS Architectural Design, Inc. Owner: Jeffrey Peterson Location: 130 Commerce Road Description: Request for New Site Plan approval for construction of a one (1) story, 17,384 square foot warehouse building on a 2.533-acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). Mike Sipula, JMS Architectural Design, 10800 North Military Trail, Palm Beach Gardens, appeared. Chair Wische noted there were 38 staff comments. Mr. Sipula indicated that the applicant was in agreement with all the staff comments. Chair Wische opened the floor for the public to speak, and closed it when no one came forward. Ms. Jaskiewicz asked about the potential plant material vs. lighting conflict mentioned in conditions of approval #4 and 5. Ed Breese, Principal Planner, responded that if the conflict exists at time of permitting, staff would recommend different plant materials. Motion Vice Chair Hay moved to approve the request for new site plan approval for construction of a one-story, 17,384 sq. ft. warehouse building on a 2.533-acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). Mr. Baldwin seconded the motion that passed 7-0. 3 . ~-~ J /'\ /~II ~_ . -----------~.~ l~~T (-1 ! / ) / L____ _ l~j I, 1 in. = 307.2 feet :~tt I I L-~D --_~_ I /-- [J r-l [J [1 L-==~j ~ -~ _u_ ~"...- --~--~ -- ------ -- ~-..~- c_________ _..----- 'èS f!i ... ~ '" , .. 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D: -, ~. ~ , I ¡1M "'''h,......1 Q,oup~ ><lli= !: " I, Oül4rm s Strvias Council ..'~"'-. :.. ¡¡ I' I )I) netln IlA4tt - IIIlt 1400 E- ... &,n.tma &odI, F7øritIo ~I PAUl lOOt 1l0llDA '~-4})q 'I':~gª= ". ª__, ..; EXHIBIT B r-~-----'-'----_______ _______.________________ _ _,,___ ___, ~.___ _...,_..____...._.___~___.~_.___._._._____.___ _ ________. ____ 1\ @1" ! ~~._,--,--- / I. -,-_~,~""~, , ~. "'..~~ ~ !' 'fiE::::-t;;c£ 1\ " ...><{Z ¡ . , HIGH RIDGE ROAD :1;) r-. ff!~ '\ " J pi; ::::r ì:f ; :::::. i ¡in ,...... I \, ~ ; ~ : CJ (t) ! ~ r=, i ~ ~~ ~ " ~ I ;.. '. 0.,,, I ~ ~VJ i ro ß(t) ! 0 W"" "'0 ~ ¡ P '... ,."1."""; , . () < ':1~;')!+Jtt- ." _. ,~ { Q;"(") 10 ; ~(t) I I ' n ' , I . : ' a 0 I êilt < C I ~;. =' : (") I &' :::::. I " ! ! I ¡ m::1J ' , I~ '1~' !Œ ~ ¡~ ~ I~ ~' i ~ ," . . ¡, 'I r:: ' ,J"""J,>, _ o ''''''*lk.'' ¡ ~ ' t'f;:ff~)¡ ¡ 5. cat''',' . ~ r' ¡'Il' '¡'II' fl. 1 ,~ g"'. ", ¡¡~f:f ' r:: ~ .. g' , c . ~. , , I ::> ~.') ii.:. 1 ... ¡ .: c@jl~ i ~-' ! b*·, I· , . ì !q F II h,. . í~~ ~; 1:' " . if, ! ¡ ~ !i ~ ' L !~! !¡ ¡it ~;: it : 3 I ,,' . ¡~ I,· ~:!. I i ~ . ~ . , .. ~' ¡¿ ,; ::t I 'V ~. ! f ; it " , i,¡ ; ;~ ':¡> ." .:0 ' . t~.' ,., I H~ f ''l. ~ I " ~ ' i .. s ; n~ f .", "~ í iJ. J ; , ' , !~ : . j , ;~ ¡ ! f !.", , ""[8' . . :J;JI'J~r~ I ....... H¡."...'~'".¡~.,,¥.¡.f~ ... ,. ,..'., ,. Childrens Serv¡ce, Council III!!!I'::I ~ ~ I L ,.", ~ :I~I .... Landscape Plan ¡tii!I:, ¡Ii ~ MIN<U: B~LAHD COMPANY CfJ"¡"'~:1 3!ln!!:r.", ____ , , , h "..,'." 11I1"""iIO '..__._,____ - f i .I~I!I!/:r 0 --:::::::;::"::,,.,ft'_ I . , ¡ ff· ."' ~ _ _. _ v, :;' fiv1~c" ~"t> I.~~ . J Gift. (ft _...ò.....-¡.._ __.~_____. _.__._.~_.__~________ EXHIBIT B ,. .,. l' .,. .,. .,. .,. .,. .,. ~ . ; , . ' . , , , I rì ó~ ~ 0 °AI' l,I,(' ! m ~, ~ II' 0 o~;;, ..;~~;, m [] [] !I . A I "1 , , !I ' I n g~ ~i ¡W,~ ~ 0 0 ~ U!~ ; n F ., g u tj, '¡. ;ft; , .t~,¡' !S U tJ "¡ [] §. i ~t :Wt~,: 0 I . ¡i ~t " 1,. ~'" '. ' !" ,.n -~ ¡..~~~ / n---:·--·: ~_tf ,_ "' L,_, ' .. , tl"~ ·F '~., .., ï'i Q § I '! 'Ì~ . ' , " Ii O B ' " ' . "<, ¡ " On .. T' - - !'--1 J ~. I "U ~ ~~ 0' 0 HP 0 0 I ¡; 0 11' ~ r -f-- t. f ~ ¡ 1 - - ¡-~-~ POD I LJ I ,...,. ~ O 0 I CIJ, 10 'to" 0 ' , rnP H' ' ¡;.f o I gF , ¡; . 4;~ i !,'pf " ¡ I I ::-~ ì.. .... ' . ,d.. "..~ " I' I, ",' " . ... , , "I . .. t )1' ! þO: ¡"I ! !' 2Í, ',. ..,. .,. ..,. .,. .,. !' . , ... ç" ': ;: t' ¡< ¡' I, I r¡:q l' , , " :.:' .~ I' Wi ../ ¡ ¡ , .. I,,' ,; i'" . , ~¡ , -::! i I ~ I ¡ o 0 I ia , r 'i 8 fl' " n ij , LJ j If tJ u "..,~ d Ht~ ;r n n J~h n n liiJ bbl.·' < , tJ tJ !.~ ~t~~ ä h ;HI n n · ii, , Ig n n ", b j ;! ¡ .. L~ t! ' ¡ o B ~I 0 0 I ~ t~ o 0 RW~ ',.¡ ~~~ . ý¡ ~~f ~;(, ;,1 H ~ ! EXTERIOR ELEVATION ScaJe: 1/16" . f-()" œ i ;;1,.' [[Jr, -, 111M A..h;t,t'dvr,ðl GrOUp. IrK I I, i > ,I) II C1Iildma ~ &rvic:iø CøutIål hO_ f.> I ~~ ; ¡ )) I'1C»II1 flA4G1IJ2M: jIJIl! 10:) !:: I " I --lJMø\ JIbidtø wm P.\LI\ IWn IlCfI)A )~~m , -r- 1Io~ ooc ð)2')99 r.. (01) 0') <Ið2e , " , " EXHIBIT "C" Conditions of Approval Project name: Children's Services Council File number: NWSP 05-018 Reference: 2nd review plans identified as a New Site Plan with a June 14,2005 Planning & Zoning Department date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Please provide a time line that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This timeline will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 2. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b». 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. Utility construction details will not be reviewed for constructi on X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); , ., ",,,,_,,,.,*,-'S,,,~.,,,,,,,,,.."__....,-. . Ù(I .~-:If·J· ·~·~""''''''''~",,",~~Á~''~'¡·",''''',.,M';'~,_..~ Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I they will be reviewed at the time of construction pennit application. FIRE Comments: 7. Provide the fire hydrant layout for this project with the hydrants clearly X shown. Show all water supply lines for fire protection and hydraulic calculations. Hydrants shall be spaced ever 300' of road travel, with no point of the building more that 200 feet from a hydrant. Provide hydraulic proof that 3000 gpm above domestic use is available at 20psi. POLICE Comments: None X ENGINEERING DIVISION Comments: 8. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART process does not ensure that additional comments may not be generated by the Commission and at permit review. 9. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.I.b). 10. Provide maintenance documents for the preserve area at time of permitting. X II. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 12. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction pennit application. BUILDING DIVISION Comments: 13. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART process does not ensure that additional comments may not be generated by the commission and at permit review. I DEPARTMENTS I INCLUDE I REJECT I 14. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 15. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 16. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 17. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 18. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 19. Add to the building that is depicted on the drawing titled site plan and floor X plan a labeled symbol that identifies the location of the handicap accessible entrance doors to the building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 21. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 22. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 23. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 24. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- ······_~~""~""""~_"""_,.c.."."""'No.~"."",.."..,,.. Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 25. Exterior walls shall have access openings for Fire Department use serving X each story above grade per the 2001 FBC, Section 1405.1. 26. The passenger elevator shall comply with 2001 FBC, Chapter 11 for handicap X accessibility and also Section 3003.4.2. 27. The elevator shall comply with 2001 FBC, Section 3003.4 for stretcher X requirements. PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: 28. IrrÎl!ation Plan-No Irrieation plan included in the submittal X The irrigation system design (not included in the plans) should be low volume water conservation using non-portable water. 29. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 30. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 31. Quantum Park Architectural Review Committee (ARC) approval is required X for the proposed signage. Please provide letter of approval prior to issuance of first permit. 32. Provide FPL authorization for the parking and landscaping proposed within X their easement prior to issuance of first permit. 33. Fences depicted on the plans are temporary only during construction. If it is X determined, by the City or the property owner, at the conclusion of construction, that these areas are to continue to be fenced, the chain link fencing will be black vinyl clad to blend into the preserve areas. 34. Prior to issuance of the first permit, a conservation easement or comparable X document acceptable to the Citv Attornev shall be executed and recorded at I DEPARTMENTS I INCLUDE I REJECT I the County for the preservation and maintenance in perpetuity of the preserve areas depicted on the landscape plan (LS-l). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I 1. To be detennined. I I S:\PlanningISHAREDlWP\PROJECTS\Quantum Lot 91\Children's Services Councj\COA.doc .,.,..".,-"._.,-~.,,,,-,,-,,..~.... _._-~-.,.."".;,-~",,,,-,~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Children's Services Council APPLICANTS AGENT: Michael Rossin, STH Architectural Group, Inc. APPLICANTS ADDRESS: 515 North Flagler Drive, Suite 400, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 16, 2005 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for a 100,000 square foot office building on a 6.53 acre parcel in the Quantum Park Planned Industrial District. LOCATION OF PROPERTY: Lot 91 Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 91\Children's Services Council\DO.doc VI.-CONSENT AGENDA ITEM D.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOInl 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 D August 2, 2005 Ju]y ]8, 2005 (Noon.) D October 5, 2005 September 19.2005 (Noon) rg] August] 6, 2005 August 1,2005 (Noon) D October ]8, 2005 October 3, 2005 (Noon) D September 6, 2005 August ]5,2005 (Noon) D November] , 2005 October] 7,2005 (Noon) .-::~ - /' D September 20, 2005 D November ]5, 2005 October 3], 2005 (Noon~::: .-._~ ~~..... September 6,2005 (Noon) ~~~::) '11 ~- -......,v N ----., D Administrative D Development Plans .-1 .....,.- rg] D - ."\-~ NATURE OF Consent Agenda New Business 'C:) ,'::JZ AGENDA ITEM D D - -'1 Public Hearing Legal ,- i1CIJ . . -(4l D Bids D Unfmished Business --,~ oJ;:> i....;:) rTiC) D Announcement D Presentation :1: D City Manager's Report RECOMMENDATION: Please place this request on the August 16, 2005 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be approved on July 26,2005, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-127. EXPLANATION: PROJECT: Interstate Sign Crafters (Phase III) (NWSP 05-025) AGENT: Michael Sipula, JMS Architectural Design, Inc. OWNER: Jeffiey Peterson LOCATION: 130 Commerce Road DESCRIPTION: Request for New Site Plan approval for construction of a one (1) story, 17,384 square foot warehouse building on a 2.533-acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVE N/A ~ City Manager's Signature lc/¿J¿ tL Planning and ZfÆíillg Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Interstate Signcrafters\NWSP 05-025 Phase IIMgenda Item Request Interstate Sign Crafters Ph III NWSP 05-0258- ] 6-05 ,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEPARTMENT OF DEVELOPMENT Memorandum PZ 05-127 TO: Chair & Members Planning & Development Board THROUGH: Michael Rum~Y Planning & Zoning irector FROM: Ed Breese, ~ Principal Planner DATE: July 15, 2005 RE: Interstate Sign Crafters - 130 Commerce Road (NWSP 05-025) Re-review of expired site plan Staff has received a request for New Site Plan approval (NWSP 05-025) of the previously approved Interstate Sign Crafters (NWSP 03- 014) site plan at 130 Commerce Road, in High Ridge Commerce Center. The original approval expired October 7, 2004, and depicted a 17,384 square foot warehouse building. The applicant was not prepared to move forward with the financing and construction without the necessary tenant leases, which he now has. The applicant has indicated he will be submitting for building permit immediately following City Commission approval of the project. Staff has conducted a review of the proposed plans to ensure consistency with the original approved drawings. Additionally staff has taken into consideration any changes in the development regulations since original approval, for conformance purposes. Attached is the original staff report (NWSP 03-014) dated September 10, 2003 and an updated set of Conditions of Approval (COA's), based upon the re-submitted plans. Staff concludes that the site plan (NWSP 05-025), depicting the same 17,384 square foot warehouse building is consistent with the previously approved plan and recommends approval, contingent upon all comments indicated in Exhibit "C" - Conditions of Approval. The Technical Application Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. _~"'-h·'''''''''''''''.'~''''''"''''''"'''''''''"'"_''·'''''"'''''"~'''"'.''"".'...__<!I>o",¡"""~"",""_".__,_,,"_,,,~"~,,,,,,,,,....,,.~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03 - 215 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: September 10, 2003 PROJECT NAME/NO: Interstate Sign Crafters / NWSP 03 - 014 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Interstate Sign Crafters Applicant: Jeffrey Petersen of Interstate Sign Crafters Agent: Michael E. Sipula, JMS Design, Inc. Location: 130 Commerce Road (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (I) / Planned Industrial District (PID) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a one-story, 17,384 square foot warehouse on a 2.533-acre lot in the High Ridge Commerce Center Planned Industrial District. Acreage: 110,341 square feet (2.533 acres) Adjacent Uses: North: Right-of-way for Commerce Road, then farther north is Atlas Party Rental and Harrison Import/Export with an Industrial (I) land use designation, zoned Planned Industrial District (PID); South: Sermatech Power Solutions with an Industrial (I) land use designation, zoned Light Industrial (M-1); East: Multi-tenant Flex/Warehouse space with an Industrial (I) land use designation, zoned Planned Industrial District (PID), then farther east is the S.A.L. Railroad and Staff Report -Interstate Sign Crafters (NWSP 03-014) Memorandum No PZ 03-215 Page 2 Interstate 95; West: A business named SEMSCO with an Industrial (I) land use designation, zoned Planned Industrial District (PID). Project size: The proposed 17,384 square foot warehouse building is the third phase in the development of this 2.533-acre site. Phases one and two total 22,492 square feet. Site Characteristic: The subject parcel is comprised of Lots 13 & 14 within the High Ridge Commerce Center, located on the south side of Commerce Road, east of High Ridge Road. According to the survey, Lot 14 contains the Phase one and two warehouse building and the associated parking and landscaping. Lot 13, according to the Landscape Plan, contains three Slash Pine trees and a number of exotic plant materials, including Brazilian Pepper trees. The survey shows that the highest elevation is 21.5 feet above sea level, located near the northeast corner of the site. BACKGROUND Proposal: Mr. Michael Sipula, of JMS Design, Inc., proposes to construct a 17,384 square foot warehouse for Interstate Sign Crafters. The developer proposes to create four bays within the building for warehousing/manufacturing and limited accessory office space. This would be the thirdl and final phase for build -out of the site. ANALYSIS Concurrency: Traffic: A traffic impact statement for this project was submitted by the applicant and sent to the Palm Beach County Traffic Division for their review and approval. The County, in a letter dated September 4, 2003, determined the project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the City/s review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). The Civil Plans indicate use of swale areas along the east and west sides and at the rear (south end) of the property. School: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The subject property fronts on Commerce Road. Proposed on-site circulation consists of a 32 foot wide driveway on Commerce Road at the center of the site. Parking Facility: Parking required for warehouse/manufacturing is based on either one (1) parking space per 500 square feet of gross floor area or, in the High Ridge Commerce Center PID, a factor of 1.5 parking spaces per 2 employees. When Phases 1 & 2 "¡,;";""""~-^",_._;;,~-,,,,--,,,,,,,,,,,,",,,,~.<,,,"-,..",,.;~,,.,, Staff Report -Interstate Sign Crafters (NWSP 03-014) Memorandum No PZ 03-215 Page 3 were approved in 1998, the second methodology was utilized. Based upon a maximum of 30 employees on a shift, 23 parking spaces were required and 26 provided. With the Phase 3 submittal, 6 of those 26 parking spaces will be relocated and merged into the new unified site plan for all three phases. The site plan indicates the provision of 35 parking spaces for Phase 3, based upon 1 space per 500 square feet of warehouse/manufacturing and 6 additional parking spaces to replace those lost in the merger of the two parcels into a unified site plan. When added to the 20 remaining spaces from the previous approval, the total is 61 parking spaces, one more than required by code. The dimensions of all of the newly created 90 degree parking spaces would be nine (9) feet - six (6) inches in width by 18 feet - six (6) inches in length. The handicap spaces would be dimensioned 12 feet in width (with 5 feet of striping) by 18 feet - six (6) inches in length. The site plan also depicts four (4) new 12 foot by 35 foot loading zone spaces. Landscaping: The proposed pervious or "green" area of the lot would be 30,885 square feet or 27.99% of the total site. The landscape plan tabular data (Sheet L -1) indicates that 23 trees and 660 shrubs are being provided, in addition to the landscaping previously provided in Phases 1 & 2. There is also a 25 foot landscape buffer at the rear (south) property line which will be sodded and irrigated and planted with Mahogany trees to match the buffer on adjacent properties. The three existing Slash Pine trees on the site are proposed to be mitigated through the installation of (2) Live Oak and (5) Mahogany trees. The landscape plan indicates the use of two (2) Tibouchina trees as the signature trees required by code. The applicant has also agreed to terrace the plantings between the existing parking lot and the street to closely match that proposed for the new construction, through the use of Indian Hawthorn and Ixora Nora Grant shrubs. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story warehouse building would be 22 feet - eight (8) inches in height to the top of the parapet wall. The maximum allowed height in the PID zoning district is 45 feet. The floor plan (Sheet A -1) shows that the Phase 3 building footprint would be 17,384 square feet and divided into four (4) bays. Sheet A-2 provides an illustration of the building facades, with CBS walls, stucco finish and score lines, standing seam metal roofs over the bay doors, and gabled standing seam metal roofs supported by decorative piers at the bay entrances. The applicant has also agreed to make some subtle façade improvements to the east elevation of the previously constructed Phase 1 & 2 building (facing inward towards the new building). These improvements are depicted on Sheet A-3 and include standing seam metal roofs over the roll-up doors, supported by decorative piers designed and painted to match the improvements on the new building. The existing roll-up doors will also be painted to match those of the new construction. Design: The elevation drawings (Sheet A-2) show that the building would be designed as a typical industrial building within the park with the façade improvements discussed above. The body of the building would be stucco and painted a tan color (MAB Paints - "Oat Cakes" 5080P). The base of the building, below a stucco band, is Staff Report - Interstate Sign Grafters (NWSP 03-014) Memorandum No PZ 03-215 Page 4 proposed to be painted a slightly darker tan color (MAB Paints - "River Rock" 5028P). The stucco band, the area between score lines near the top of the wall and the metal parapet cap are all proposed to be painted white (MAB Paints - "Camelia" 5889P). The standing seam metal roofs, roll-up doors and address numbers are all proposed to be painted verdi green (MAB Paints - "Pine Castle" 5741D). Signage: The signage, according to Sheet A-2, will be 1 foot - 6 inch channel letters, "Pine Castle" verdi green in color to match the storefront roofs and roll-up doors, and placed within the white stucco score lines above each storefront entry. The applicant proposes four (4) tenant signs totaling 15 square feet each, meeting the City sign code requirement of 60 square feet for the building. RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "c" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. """""-Ø-iiU<;oL.j . , r r '. - . ,_. ~ ¡ - '¡;¡¡'-"'~''''~'';'-'.", Meeting Minutes Planning &. Development Board Boynton Beach, Florida July 26, 2005 Chair Wische noted there were 34 staff comments and Ms. Tatonetti responded the applicant was in agreement with all staff Conditions of Approval. Chair Wische opened the floor for the public to speak, and closed it when no one came forward. Motion Mr. Casaine moved to approve the request for new site plan approval for construction of a three-story, lOOK square foot office building on a 6.53-acre parcel in the Quantum Park Planned Industrial Development District (PID) subject to all staff comments and conditions of approval. Ms. Jaskiewicz seconded the motion that passed 7-0. B. Project: Interstate Sign Crafters (Ph III) (NWSP 05-25) Agent: Michael Sipula, JMS Architectural Design, Inc. Owner: Jeffrey Peterson Location: 130 Commerce Road Description: Request for New Site Plan approval for construction of a one (1) story, 17,384 square foot warehouse building on a 2.533-acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). Mike Sipula, JMS Architectural Design, 10800 North Military Trail, Palm Beach Gardens, appeared. Chair Wische noted there were 38 staff comments. Mr. Sipula indicated that the applicant was in agreement with all the staff comments. Chair Wische opened the floor for the public to speak, and closed it when no one came forward. Ms. Jaskiewicz asked about the potential plant material V5. lighting conflict mentioned in conditions of approval #4 and 5. Ed Breese, Principal Planner, responded that if the conflict exists at time of permitting, staff would recommend different plant materials. Motion Vice Chair Hay moved to approve the request for new site plan approval for construction of a one-story, 17,384 sq. ft. warehouse building on a 2.533-acre parcel in the High Ridge Commerce Center Planned Industrial Development District (PID). Mr. Baldwin seconded the motion that passed 7-0. 3 Location Map EXHIBIT "A" INTERSTATE SIGNCRAFTERS -~ Rl r [lH4 0 ~mm__, ð £r NIC --J ~ 0 £r « 0 II) ,.........~....---.--,..__.,. i1i CI) REI l() 0> I1J t- ;$ (.9 !± ~ I ~ ! i 1 I I M ¡ I I I I l"..._.. I ......--...... ! e N - _.~ W~E S EXHIBIT -B- , PI <11:.10 J' r 1:Ift '1:.111";8 .... "it : · . :¡y¡:ï UI~ ' . _'D' .-t , ..:..... _. - ~ - I. - . ~ ~t:l~. i¡ .~..... Ð =r., . .... 1-' -,.--r~- ..~_. .,. .u ~Q" -..'... - -;- - -., - - -H.r -.¡¡¡¡.-¡;.¡¡¡;-- - - - - ì', r- i PI !... I "I! . ___ I ... 0 -' - - - - -; -, - - - - - -.....¡I-- - m 51! ;! 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D. -., EXHIBIT -8- ,:~ ¡ . . . ~ ! ,- -~ --., -~~ i 1;11 I ,,¡ ~: \ T~ .. 'I b 't I; f- ,. ·t ~ ~ 'I .. ~ . t ~ i I ~ ~ -~ . _u.n~_+_ j : .~ ,- .... .' 1¡ ~ ~ \,b..- j ~ '~ : :-:'"4" ~ .;~ if : II i.. / ~._ ~ 'I ~ . I I i I I i' , , , i . t Ii k - I i . I it .. , , , fi I .1 I c ( . I . , II I ,. . . . t . !' ! III II' ;; UI -. I' Ii II i'UCØPftil IIi :11 ,,, :! t· II , II, ,I II ai"'" if I ill !. I'. I' 1 I ' I I if J I I h' .J II II I I ! ! I . I~ ~ 'I ~ 1I1I ¡il I'll ¡t; ¡at ¡i! ii' u; ii' 'II 'I¡ Iii U¡ Ii' "I 'i' , ,/ . il! ,1.aU m -; .. d u. p. ,_; 'II 1.' II· '~ .. II' . .. )111 U ,. 1,1 .. ,. ,,," 1;¡ I, I ". I I I I j ~ .... 1t'11111 til I I , IÎ . I . . J1.I1'&fSTATESIGN CRAF'l'ERS. INC. : : . i ~~ ~; I AT HIGH RIDGE COJIJIERCE PARK L015 13 .t 14, BLOCK ,2, CEIMR RIDGE. A P. U.D, .t HIGH RlDGB COIDIBRCe PARK. A P.LD. .. t^Mlöll -ts- . , I ~Je I -. ~ - = - .r:'~ . ~ ~ . A , i ~: I ' ~ ~ -II ~ ! ~ ~ ø Q - ~ ~ S 7 ~ - ~.. r: I u... ~ ~ ~ ~ II ~ I ~ ~ · I 0 "~ ' I .' I · , ,. II I! e ~ ~II ~ I o ~ II -- I! e - ~ iI o .;: o u 11 o : ! , . i II: !: II ø: . 110 I n .-........ ....... I il II II I I ¡ U I I"~ · · · I I , " ¡'II .Ii Ii; I ·1 ~ ~t .1 I' I I I ~ : I' ! I ~ ". I I U I· eel' I II! III II 1;1 I'i ;! ;! II il II nUll il U il 1 !¡I ~Ii :I I.. I ¡: ¡; I; .t I I · ;- II I! I; I - it'll iI n! II I ,I. t I I .1 I~ J~ llil 'il Inl .t· "I'i! IiI It. Iii 1'1 -;. '11 III Iii III 'il · Iii! 1_' alii III I.; I.I.! III I.} I.; 11'1,' ,(. 1.1 .,1 1,1 I 1'1' Ü QI' ,1, ,. !I Ü 1 " " ,.. I 'I' U · U I ~tJ " rUt II 1 I' 1. III I' I' ! II Dn1!óRSTATE SIGN CRAFTERS. INC. ~.Jd3 I. ...~ .c iii _ I AT mGH RIDGE COJlJlERCE PARK 111___.___ r .......--.-- W : LOts 13 It 14, 8£DCIC 2. CEDAR lUDGJ:, A P. U.D. ! . It HlOR aøx;~ COWBBCE PARlt A P.LD. ARCHITECTS & CClNS\A.TANTa I:: n It:SlI -8- . : I r I I id i ¡"il I" t'l 1 II · ;~ ;'1 "" r II Y "'1 I' r Jiji;; !!Ii!1! . .~.. .. I' T ,'. I Ii . I ;ilii I I'" II 'II ÞØlI"'~~~ ." rl I lï ,0 I I~ . . :a . . pi I .. g I .., I t ,......... . I I nl 01 r1 I~ .IJllJlh'_4rA""~'__~ II~ ~ II I I .....,,-........... f- ..-._~ I .......... .. , EXHIBIT C Conditions of Approval Project name: Interstate Sign Crafters File number: NWSP 05-025 Reference: 1 streview plans identified as a New Site Plan with a June 21. 2005 with a Planning and Zoning Department date stamp marking. . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: l. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated bv the Commission and at permit review. 3. Revise the note on the Landscape Plan to indicate that within the sight X triangles there shall be an unobstructed cross-visibility at a level between 2.5-feet and 8-feet above the pavement (LDR, Chapter 7.5, Article II, Section 5 .R.) 4. There is a potential conflict between the existing Swietenia Mahagoni (West X Indies Mahogany) and the wall-mounted light on the south end of the building. 5. There is a potential conflict between the proposed Strelitzia Nicolai (White X Bird of Paradise) and wall-mounted lights on the north and west sides of the building. 6. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 7. The SFWMD Surface Water Management General Pennit provided with X this package has expired. A new permit will be required to complete construction of the on-site surface water management system. 8. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Eneineerine Design Handbook and Construction Standards" COA 07/22/05 2 DEPARTMENTS INCLUDE REJECT and will be reviewed at the time of construction permit application. UTILITIES Comments: 9. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). 10. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 11. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 12. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 13. Cleanouts will be required every 75 feet along the sanitary sewer service X lateral. 14. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 15. All entrance gates to construction area shall have a Knox lock system that X will also open in case of electrical power failure. All gates shall be a minimum of 20 foot wide if two lane, and 12 foot wide if single lane. Fire Department apparatus shall be able to turn into the construction site in one turn. 16. The construction site access roads shall be maintained free of obstructions at X all times. 17. All required fire hydrants, standpipes or sprinkler systems shall be in place X COA 07/22/05 3 DEPARTMENTS INCLUDE REJECT before going vertical. Vertical construction shall be protected by standpipes and the sprinkler system to one level below the highest level of construction throughout the building. 18. Any cost of damage to Fire Department vehicles because of improperly X stabilized roads or any towing fees if a vehicle becomes stuck will be the responsibility of the contractor. A minimum of 32 tons is required for ground stabilization. The pouring of the foundation pad is considered vertical construction. The roads must be acceptable before construction begins. 19. Adequate Fire Department vehicle turn around space shall be provided in X the construction area. We understand that this is an existing in use property, so we want to insure that there is no conflict. 20. This building will require a full NFP A 13 fire sprinkler system, per City X Ordinance Chapter 9, section 7-3.2 (4). 21. Provide information on the types of businesses that will be in this building X to determine the hazard designations, so a decision on the requirements for the sprinkler system can be made. POLICE Comments: NONE X BUILDING DIVISION Comments: 22. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 23. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 24. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 25. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The name of the COA 07/22/05 4 DEPARTMENTS INCLUDE REJECT project as it appears on the Development Order must be noted on the building pennit application at the time of application submittal. 26. Indicate on Sheet SP-l the square footage of the building that will be X dedicated for factory/industrial and how much square footage will be storage. Areas shall comply with Table 500 to the 2001 FBC. 27. A total of three handicap accessible parking spaces are required for the new X building per the 2001 FBC, Section 11-4.1.2(5). PARKS AND RECREATION Comments: 28. Plant list shows the Ilex vomitoria 'Stokes Dwarf to be 16 inches in height x X 18 inch spread. Needs to change to be a minimum of24 inches high and 24 inch spread at installation, and to avoid confusion with note in Plant Specifications. 29. Include palm tree planting detail. X 30. The landscape plan sheet should be include details indicating by a line X where the height, diameter @ DBH, and clear and booted wood areas of the shade and palm trees will be measured at time of planting and inspection. 31. Irrigation coverage should be 110%. X FORESTER/ENVIRONMENTALIST Comments: Landscape Plan-Plant List Sheet L-l X 32. The applicant must indicate on the landscape plan that any existing trees / vegetation in accordance with the original approved landscape plan for lot #14 that are dead, missing or in poor health must be replaced throughout the lot. 33. The applicant must indicate on the landscape plan that any existing trees / X vegetation in accordance with the original approved landscape plans for lots #15, #12 and Minor Road ("existing buffers on adjacent properties") must be replaced throughout these three buffers. 34. All trees on the Plant List must be listed in the specifications as a minimum X of 12'-14' height, 3" diameter at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12' -14' to meet the 3" diameter requirement. rEnvironmental COA 07/22/05 5 . . DEPARTMENTS INCLUDE REJECT Regulations, Chapter 7.5, Article II Sec. S.C. 2.] 35. The Typical Tree Planting Detail, and the Typical Palm Planting Detail X should include a line indicating where the diameter, height and spread of the trees / palms will be measured at time of planting and inspection. 36. The Commerce Road rights-of-way must receive Floratam sod and irrigation X coverage for both lots # 14 and # 13. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 37. The applicant should show a landscape elevation detail for the existing and X proposed buildings and landscape improvements to scale along the Commerce Road right-of-way. 38. The applicant should add a note that all utility boxes or structures (not X currently known or shown on the plan) should be screened with Cocoplum hedge plants on three sides. PLANNING AND ZONING Comments: 39. Provide updated letter of traffic concurrency from Palm Beach County X Traffic Engineering prior to issuance of first permit. ADDITIONAL CITY COMMISSION CONDITIONS Comments: l. To be determined. MWR/sc S:\Planning\SHARED\WP\PROJECTS\lnterstate Signcrafters\NWSP 05-025 Phase III\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Interstate Sign Crafters APPLICANT'S AGENT: Michael E. Sipula, JMS Architectural Design, Inc. APPLICANT'S ADDRESS: 10800 N. Military Trail #211 Palm Beach Gardens, FL 33410 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 16, 2005 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for a 17,384 square foot warehouse building on a 2.53 acre parcel in the High Ridge Commerce Center. LOCATION OF PROPERTY: 130 Commerce Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\lnterstate Signcrafters\NWSP 05-025 Phase III\DO.doc .""·'"''';~'''''"~~~'___''''''''''_''''"'''"''"''_<''·'''''')''"'~''''''''">_''C' .~ VI.-CONSENT AGENDA ITEM E.!. 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 2,2005 July 18, 2005 (Noon,) 0 October 5, 2005 September 19,2005 (Noon) ¡:g¡ August 16,2005 August 1,2005 (Noon) 0 October 18,2005 October 3, 2005 (Noon) o September 6,2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31,2005 (Noon) o Administrative 0 Development Plans NATURE OF ¡:g¡ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal ....~j .~~- o Bids 0 UnfInished Business ,:~ --.: ." ) 'j o Announcement 0 Presentation -. Q o City Manager's Report1:ò. . ._.", --", ;', ·--1 RECOMMENDATION: Please place this request on the August 16,2005 City Corrnnission Agenda undtr .:~' ~ Consent Agenda. The Community Redevelopment Agency Board recommended that the subject request be appr0r.¥fI on<'[ C;¿ August 9,2005. For further details pertaining to the request, see attached Department of Development Memorandum N~:áZ . 'Ç) 05-146. :z: EXPLANATION: PROJECT: Arches (HTEX 05-006) AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southwest comer of Ocean Avenue and Federal Highway DESCRIPTION: Request for a height exception of 17 feet pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the elevator shafts and stair towers to be 167 feet in height, a distance of 17 feet above the ISO-foot maximum height allowed in the Mixed Use-High (MU-H) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT, N/A 4 AL TERNA TIVES: N/ A - City Manager's Signature ¿tJ ---? Planning ánd ~'" City Attorney I Fmanoe I Hwnan Re,ouree, S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\HTEX 05-006\Agenda Item Request Arches HTEX 05-006 9-6-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-146 TO: Chair and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP r Planner DATE: August 4, 2005 ' PROJECT: The Arches / HTEX 05-006 REQUEST: Height Exception Property Owner: Boynton Ventures I, LLC Applicant: Boynton Ventures I, LLC Agent: Ms. Bonnie Miskel and Ms. Kim Glas-Castro with Ruden McClosky Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A") Existing Land Use: Mixed Use (MX) Mixed Use Core (MX-C) Existing Zoning: Central Business District (CBD) Mixed Use High (MU-H) Proposed Land Use: Mixed Use Core (MX-C) Proposed Zoning: Mixed Use High (MU-H) Proposed Uses: Retail: 40,596 square feet Residential: 1 bedroom (240 units) 2 bedroom (138 units) Acreage: 4.688 acres (204,208 square feet) Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north are developed propertie~ zoned Central Business District (CBD); South: Right-of-way for Southeast 2nd Avenue and farther south is a developec commercial plaza zoned Community Commercial (C-3); East: Right-of-way for Federal Highway and father east is developed commercia properties zoned CBD; and Page 2 Memorandum No. PZ 05-146 West: Right-of-way for Southeast 4th Street and still farther west is developec commercial properties zoned CBD. BACKGROUND Boynton Ventures I, LLC has assembled many lots within two city blocks in order to develop a large scale mixed use project. The subject property is located within Study Area III of the Federal Highway Corridor Community Redevelopment Plan and a portion was previously rezoned (LUAR 03-003) from Central Business District (CBD) to Mixed-Use High (MU-H). In addition, the property was also approved for a site plan (NWSP 03-002) consisting of three (3) buildings ranging from three (3) stories to 10 stories in height. The previously approved site plan contained 276 dwelling units, 24,296 square feet of retail, 18,169 square feet of office, and 12,699 square feet of restaurant. It should be noted that a portion of an alley on Block 7 (ABAN 03-002) was also approved to accommodate the aforementioned uses. The project represented the second "mixed-use" type of development within the MU-H zoning district at the time of its approval. Since then, Boynton Ventures I, LLC acquired additional property on Block 7 on the Original Town of Boynton plat. As such, the applicant is now requesting a major site plan modification in order to construct a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and restaurant space). The total "commercial" area has been reduced by 14,568 square feet. Approval of the site plan will be contingent upon the approval of the accompanying request for land use amendment / rezoning (LUAR 05-008). The modifications now propose two (2) residential towers that are 15 stories tall. Although the buildings comply with the maximum height as permitted under the MU-H zoning district, there a certain elements of the building that exceed the lSD-foot threshold. Those elements are the subject of this request for height exception. The height exception would only be required for the two (2) identical, 15-story buildings (see Exhibit "B"). ANALYSIS The objective of the CBD and mixed use zoning districts, in part, is to support and stimulate revitalization efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a mix of uses with higher residential densities and reasonable building heights. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "D" - Applicant Letter). The premise for the height exception was predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45 feet, excluding the CBD and Mixed-Use zoning districts. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the CBD zoning district allows for a maximum building height by right at 45 feet. However, building heights in the CBD may be increased to 100 feet, but only as a conditional use. As a conditional use, it would be evaluated against a different set of standards and require public notice. The Mixed-Use Low (MU-L) zoning district allows for a maximum building height of 75 feet by right. Only the MU-H zoning district allows for a maximum building height of 150 feet by right. In 2002, the Marina project (MSPM 02-005) was proposed with buildings that were nine (9) stories in height. The City Commission approved a new method for measuring building height based on roof type. Ordinance 02-010, adopted on March 19, 2002 defined the building height for mansard roofs as measured (in feet) from the finished grade to the top of the deck line. The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. Pursuant to Ordinance 02-010, the nine (9)-story project complied with both the CBD and MU-H zoning district height Page 3 Memorandum No. PZ 05-146 limitations. In 2003, the project known as "The Residences at Marina Village", the project's most recent site plan modification (MSPM 03-001), proposed building elevations with the deck line dimensioned at 144 feet in height. In this particular project, the deck line was considered to be the top of the roof deck, or in other words, the point of the building at which height was measured. The deck line was actually six (6) feet below the maximum allowable height of 150 feet and therefore, the building met the height restriction of the MU-H zoning district. However, portions of the mansard roof exceeded 150 feet. Many portions of the Boynton Beach Marina's roofline reached as high as 168 feet in height, which in turn, necessitated the need for a height exception. Staff reviewed the Boynton Beach Marina request in accordance with standards prescribed by Chapter 2, Zoning, Section 4.F.3, Height Limitations, and Exceptions. Staff argued that the origin of the height exception was predicated on the fact that 45 feet was the maximum allowable height for all zoning districts, excluding the CBD and Mixed-Use zoning districts, and that the intent of the height exception process was to allow for mechanical equipment, elevator towers, and other minor rooftop appurtenances that would incidentally (due to Building Code related issues) exceed the 45-foot maximum height limitation. Staff felt that the Boynton Beach Marina project's request for an 18-foot height exception did not meet the intent of the height exception standards. Staff recommended denial of their request. The CRA Board reviewed the request but failed to reach consensus on a motion to deny (with a 3 to 3 vote), resulting in a non-recommendation to the City Commission. The City Commission, however, approved the applicant's 18-foot height exception request on April 15, 2003. In June of 2004, a similar mixed-use project known as The Promenade (NWSP 04-009) was proposed in another area of the MU-H zoning district. The site plan for The Promenade proposed 318 dwelling units, 68 hotel units, 19,200 square feet of retail, and 3,000 square feet of restaurant. All were proposed within three (3) separate buildings ranging from two (2) stories to 14 stories tall. The Promenade project requested a 17-foot height exception. Staff reviewed The Promenade height exception request the Boynton Beach Marina project (HTEX 03-002). Both projects represented similar mixed-use developments that were recently approved by the City Commission for height exceptions. The Promenade's request for height exception was similar in many respects to the Boynton Beach Marina. The elevations showed that the deck line of the Promenade project was 142 feet in height, placing it eight (8) feet below the maximum allowed by the MU-H zoning district. The applicant affirmatively addressed all standards for evaluating height exceptions. In the letter, the applicant indicated that the portions of the buildings (that exceeded the 142 foot roofline) were necessary to hide mechanical equipment, elevator shafts, and stair shafts. In addition, the roof treatment was necessary to provide articulation to give the buildings a more desirable aesthetic appearance. Staff concurred that those building elements were eligible to be considered for height exceptions. The peak of the tallest portion of the roof was 167 feet in height. This was 17 feet over the maximum allowed by the MU-H zoning district. No existing buildings in the CBD or citywide were 100 feet tall. The Promenade's request for height exception was one (1) foot less than what was already approved for the Boynton Beach Marina. Staff reviewed the Promenade request against the criteria listed in the Land Development Regulations and determined that it would not have had an adverse effect on existing and proposed land uses and that it would not have reduced light and air in adjacent areas. Staff recommended approval of the Promenade's request for height exception. The height exception was subsequently approved by the City Commission on July 20, 2004. The approval of the Boynton Beach Marina height exception request (HTEX 03-002) set the precedence upon which subsequent height exception requests have been reviewed. Prior to 2003, the subject property was zoned Central Business District (CBD). The CBD zoning district allows for a maximum building height of 45 feet, except for mixed-use type of developments (buildings), which as a conditional use, may not exceed 100 feet. In June of 2003, the subject property was Page 4 Memorandum No. PZ 05-146 successfully rezoned from CBD to Mixed Use High (MU-H) pursuant to Ordinance 03-020. The MU-H zoning district allows for a maximum building height of 150 feet. Part of the justification to rezone to MU- H was to provide developers with greater options for development and redevelopment projects in the downtown area. The elevations show the building would be 150 feet in height and that the top of the parapet wall would be 154 feet - eight (8) inches in height. This complies with the maximum allowable building height of the MU-H zoning district. However, certain rooftop elements reach as high as 167 feet, or 17 feet above the maximum height threshold. According to the applicant, the portion of the roof that would require the height exception consists of rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles, all of which are uninhabitable space. The elevations show the top of the roof profiles are proposed at 161 feet - eight (8) inches in height. According to the applicant, these architectural enhancements proposed above the main roof area are decorative in nature and are considered non-habitable space. Roof profiles are eligible for height exceptions and would provide for better roof articulation that is encouraged by the Urban Design Guidelines. The applicant also states that roof-mounted equipment would be located within the central portions of the tower elements (at 167 feet in height). The centralized location of the equipment, as well as the shielding that would be provided by the roof profiles would prevent them from being obvious from adjacent properties. The top of elevator shafts and stairwells are the types of roof appurtenances that should be hidden from public view. Furthermore, the applicant states that the height exception is necessary to accommodate the units to allow an economically feasible and well-balance redevelopment project. According to the applicant, the elements that require the height exception would comprise 2,600 square feet in area and would account for approximately one percent (1%) of the total site. The equipment would be setback 40 feet from East Ocean Avenue and Southeast 2nd Avenue, and 31 feet _ six (6) inches from Federal Highway, and 44 feet from Southeast 4th Street. The proposed height would be compatible with the building heights envisioned for the MU-H zoning district. As evidenced by previous approvals, this request for height exception would not constitute a grant of special privilege. RECOMMENDATION As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying request for major site plan modification (MSPM 05-008). The applicant meets the criteria as set forth in the land Development Regulations. Therefore, staff recommends approval of the request for a 17-foot height exception contingent upon satisfying all comments noted in Exhibit "c" - Conditions of Approval. Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "C". S:IPlanningISHAREDlWP\PROJECTSIARCHES @ BBIHTEX 05·006\Staff Reportdoc ¡ . . . . J',' . "- ~".'" Mt..JF~ ~=c-., '~'--"'-~.'."" -f'~""="~ Z " m .. 0- m """"'I ru ..,,,'-; NE 1stAve - :r: ~ '< CBD C-2 ~ .~ E ()cean Av ~ "".-. j . on rn 0 ;U ¡ ill - .J -0 ~ -. ,-...+0 """'; SE 2nd Ave 0 Q) . .' L a.. 0, 'f'-- t..,O" - " '...... .~ t ; " : J !L~A Ir." ',oJ "'R .. ! " C-3 1:: ~. ''''t -II . (j) R-3 m ..þ:. ,-...+0 , ::J ~ 'I ........,. ;;- . U) ,-...+0 ...... .., CD CD ..-r ,,-, ~~ 1~ . . fl. r EXHIBIT B 3::0 -I i~ ';j" 16'3 CD ;:uìJ » CD~ ..., !!!.(1 0 œa ';j" f¡j~ CD iD""-- Ø6 en a' r:: y :;- f> ïJ CD I a. ~ CD ..., 2 m * - ~m I ~- ·CD (Q ~~ õ· ::T ::::J ~ Ii,. 0 m 0 '< ::::J 8 m '0 Ë I!- m ~ < m 13 !:!: 0 ~ i ~ ~ i ~ .. .... .... -- .... - ::J 00000 ;;;;Ñ=õ--on_~ .. -_t~N- J. ~ilji&~i~iiiiiifiilii'= g~ 1~lt·III~li8Ii~~IØ ~ I~i!! I ¢~~~~I·ill I -&8" i I ¡~!!I !I I i ~j~j!!ij· OJ :" j ! ~~ 0 .!O 1-- '< ::J 0 ..... - o o. :I: ::J iã" OJ 0 ::T CD ~ ~ m q iiií!iii!iiiii~ 8. 0 ~ III ';j" ID - ~" {; r-_ . . !ô! EEl ,- EXHIBIT B - 3:0 --I ~g¡ ::r (þ2 CD =3 (þ." » ~a e!.~ (1 m;:¡. ::r (I) -. I !ii~ CD (Õ'"- G>~ en a' 00000 o 0 o 0 =+ c: :!=' 0 EBEB EIJ EEJB3EIJB3 EIJ EE EHEB :J p J I J EBEE ~ I:t P' ".J J f- 0 [ J I ~ EEBEE J J EBEB I Ï J J § , ~ Õ EBIe: q ..... ~ I I J z ::r 0 C/) EBIe: ~~ [ ~m ..... II II /i- ..., . (þ CD ~~ CD 0 EEBIe: õ· ~ ..... ¡¡r m (') - 0 CD ~ !i! < 0 EBEB I) "C ë Q) [ !!t ~ I I 0 EBe: I ::J º [ J I ~ mIlE ;;: I I I ~ 8I31!E ~~ IJJ] I f~ fEEl: ntD ~ ~~ BIIEI r nn ~~ n :- - to 0 ææ 0 J J '< I33EE EIJ EEl EIJI EEl EEl EIJ ::J ° ..... - 0 ODD o 0 0 0 0 o 0. ::r: ::J iii' to g. CD '" ~ Q) O. ~ iiiiiiiiiiiiiiilli 0 0 Q. ::r I» f - i-ïl h I_ . . ~ - tri1 EXHIBIT B 3:0 --i r~ ;:r CD2 (1) æ=3 :;v "0 » CDo \"Ò .., -CD 0 m~ ;:r ~if -- (1) CD- (/) (j)i': a' c: :.c s- f' I\.) :J c.. » < (1) :J i c Ii (1) z m 0 6) (1) ~m < ~- - () 0) ~åí d; ~ 0 0 ::J õï :J 0 -.... 0 ::J () S " ~ ë !!t I () 0 3 "'C -. 0) :J ~ I3Hlj 0 CD (1) I ~ W CIA IIDIiM GUI)IJM['S - iWIOS Of COWI'OSmOtf "'" IIDSEC110M ~. ." iiitdi!!iiiii'"' ~ ~ ~ . ~ . t ~ i i' ~ ~! f¡ """ "" OJ j, Jõ j, ô 0 '< :J 0 r+_ O"t :I: :J ¡¡¡' OJ g. (1)¡g ~ 0). 0 0 Q, ;:r ~ .. !Þ "T1 {; r-_ . . ~ ... EXHIBIT B t- . 3:0 -I DIeD ~:J ;;r eDê' CD 15'3 ;U"tJ » eDa ~:g -, 0 m;::¡. ;;r ~¡r œ~ CD (j)5 en a" c J' :J p 0 -¡ 0 ~ CD Q) z :J 0 "-~ ~ ~m ¡;¡- . CD ~< CD ~!!. õ· :J :J U) c: (') CD 0 :J m S "9. CD E: !!. < ~ Q) ~ 0 :J '" I ~ ~. ¡ iiiHiiiiiilliOO OJ 0 '< :J 0 ..... - o q :J: :J ~. OJ 0 ::r CD ~ ~ Q) q If) 0 0 Q. ~ It .. £II ï1 r- r- ...... EXHIBIT "C" Conditions of Approval Project name: The Promenade File number: HTEX 05-006 Reference: Elevations dated August 2, 2005 I DEPARTMENTS I INCLUDE I REJECT I I Comments: None PUBLIC WORKS I X I I Comments: Nooe UTILITIES I X I I Comments: None FIRE I X I 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: 1. At the time of pennitting, the elevations shall be revised to indicate by note X that the roof profiles (proposed at 161 feet - 8 inches in height) are non- habitable spaces and are decorative elements. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 2. None X Page 2 The Promenade File No.: HTEX 05-006 I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL CITY COMMISSION COMMENTS: Comments: 3. To be determined. S,IPlanningISHAREDIWPIPROJECTSIARCHES@BBIHTEX05-006ICOAdoc " EXHIBIT 0 200 EAST BROWARD BOULEVARD ~ Ruden FORT LAUDERDALE, FLORIDA 33301 ~- McClosky POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2476 FAX (954) 333-4076 BONNIE,MISKEL@RUDEN,COM June 20, 2005 The Arches at Boynton Beach Height Exception Boynton Ventures I, LLC (the "Petitioner"), in conjunction with a proposed mixed-use (retail and condominium) project within the City of Boynton Beach downtown area is requesting an exception from Chapter 2, Section 6.F.5 pertaining to building height. The property is located at the northwest corner of Ocean Avenue and Federal Highway, and comprises two city blocks (Block 7 and 12 of the original Town of Boynton Florida plat) between Ocean Avenue and SE 2nd Avenue (the "Property"), within the Community Redevelopment Area. The general use and zoning pattern in the area can be described as follows: The Arches at Boynton Beach MU-H (proposed) CommerciallRetail North: CBD CommerciallRetail East: MU-H Mixed Use South: CBD CommerciallRetail West: CBD City public parking lot Section 4.F of the City's Zoning Code ("Code") provides for height limitations and exceptions. Electrical and mechanical support systems, as well as parapets and similar structures may be erected on top of a structure, above the district height limitations with City Commission approval. The Mixed Use-High ("MU-H") zoning district limits heights along arterial roadways, such as Federal Highway, to 150 feet. The Petitioner is seeking a height exception that would allow a proposed mixed-use project to exceed the aforementioned provisions. The Petitioner is proposing fourteen residential floors, above a floor of ground level retaiVcommercial uses, for a total of fifteen (15) stories or 150' roofline. The proposed project is within the CRA. The City's Code provides for a height of 150' for mixed use projects zoned with the MU-H district to provide intensities within the downtown area that will provide synergy between uses and enhance economic viability of downtown businesses. Height exceptions for rooftop mechanical equipment, parapets and similar structures are pennissible, subject to City Commission approval. The Petitioner is requesting an exception of (up to) 17' for a total of 167' maximum height to accommodate WPB:206268:2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE . MIAMI· NAPLES· ORLANDO· PORT ST. LUCIE' SARASOTA. ST. PETERSBURG' TALLAHASSEE' TAMPA. WEST PALM BEACH . EXHIBIT 0 Page 2 rooftop mechanical equipment, elevator shafts, stairwells and roof profiles on the proposed tower buildings. As discussed below, approval of the height exception will adhere to the standards set forth in Section 4.F of the Code. The Petitioner will demonstrate that the height exception: · Will not have adverse effect on surrounding land uses; · Is necessary; · Will not severely reduce light and air in adjacent areas; · Win not be a deterrent to the redevelopment of adjacent properties; · Will not adversely affect property values; · Will not adversely influence living conditions in the neighborhood; · Will not constitute a grant of special privilege; and · Is needed for the proposed redevelopment project. (1) Whether the height exception will have an adverse effect on the existing and proposed land uses. The proposed Arches at Boynton Beach project is located within the City's downtown and CRA. A general objective of the CRA is to create a critical mass of upscale development that establishes a pedestrian environment and promotes the local economy. The MU-H zoning district is applicable only within the downtown area. This district provides for buildings to attain 150' in height. The requested exception is not applicable to the entire building. Roof-mounted equipment located within the central portions of the tower elements extend approximately 17' above the roofline. Roof profiles on the glass tower elements extend approximately 5 '8" above the roofline. The centralized location of the equipment, as well as the shielding that will be provided by the roof profiles, will prevent it from being obvious from adjacent properties, which are lower in height than The Arches. The requested 17' exception will not have an adverse effect on existing or proposed land uses. (2) Whether the height exception is necessary. . Conformance with the height provisions would limit the size of the mixed-use project, require the ground floor of retail to be lowered from just under 15' to 9', and would require a floor of condominium units to be eliminated from the redevelopment plans. The downtown area allows high-rise structures in order allow densities and intensities designed to create synergy between permitted uses. In order to promote quality redevelopment, The Arches at Boynton Beach proposes a 15th floor, containing 26 condominium units. The requested height is necessary to accommodate the units necessary to allow an economically feasible and well- balanced redevelopment project, while providing pedestrian-oriented amenities (plaza) on the ground level. WPB:206268:2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH · EXHIBIT 0 Page 3 (3) Whether the height exception will severely reduce light and air in adjacent areas. The proposed exception of 17' will not affect adjacent properties. The mechanical equipment, elevator shafts and stairwells ("equipment areas") are centralized on the rooftop. The subject equipment areas comprise approximately 2,600 s.f. of the roof area, which is just over 1 % of the total site. The equipment areas are setback 40' from Ocean Avenue and SE 2nd Avenue, 31 '6" fÌ'om Federal Highway, and 44' from SE 4th Street. In addition to the location of the equipment areas, the roof profiles on the glass tower elements (parapet), which extend 5'8" above the top of roof, will also shield the equipment areas fÌ'om viewpoints. The requested building height exception will not create shadows or affect air circulation in a manner that negatively impacts adjacent properties. (4) Whether the height exception will be a deterrent to the improvement or development of adjacent property in accord with existing regulations. The requested height exception does not affect or impact the redevelopment potential of adjacent properties. The requested exception (up to 17') will not be injurious to the surrounding properties or public welfare. The proposed height is compatible with the building heights envisioned for the downtown redevelopment area. (5) Whether the height exception will adversely affect property values in adjacent areas. The requested height of the equipment areas and roof profiles will not adversely affect property values. Rather, The Arches at Boynton Beach redevelopment project will have a positive impact on property values in the area. This project along with other redevelopment efforts in the immediate area may spur other property owners to redevelop their parcels with structures and uses that are more consistent with the downtown vision the City has established for this portion of the Federal Highway corridor. (6) Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. The requested building height is not applicable to lands outside the downtown redevelopment area, and therefore is peculiar to the Property. The proposed IS-story structure is consistent with another mixed-use project in the downtown area that is currently under construction (which has been granted a similar exception greater than lTin height). The exception (up to 17') will not impact other properties and is consistent with the public welfare. WPB:206268:2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A. CARACAS' FT.lAUDERDALE . MIAMI· NAPLES· ORlANDO· PORT ST. LUCIE· SARASOTA. ST. PETERSBURC . TALlAHASSEE' TAMPA. WEST PAlM BEACH · EXHIBIT 0 Page 4 (7) Whether sufficient evidence has been presented to justify the need for a height exception. The requested height exception is in keeping with the spirit of the height provisions for mixed use, high density projects in the downtown area, and is pennissible pursuant to Section 4.F. The requested building height will accommodate 378 residential units, and commercial/retail uses, in the City's Downtown area. The Property is conveniently located in proximity to Downtown businesses and employers; and the proposed project introduces new residents into the City's Downtown to foster patronage of its businesses and additional economic support for the redevelopment area. Therefore, the requested Height Exception is consistent with the criteria contained in Section 4.F. WPB:206268:2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Arches AGENT: Bonnie Miskel and Kim Glas-Castro with Ruden McClosky AGENTS ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6, 2005 TYPE OF RELIEF SOUGHT: Request a 17-foot height exception for a mixed-use project on a 4.688-acre parcel in the Mixed Use High Intensity (MU-H) zoning district. LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the 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,IPlanning\SHAREDlWPIPROJECTSIARCHES @ BBIHTEX OS.()()6\I)O,doc VI.-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] 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 D August 2, 2005 July 18,2005 (Noon.) D October 5. 2005 September ]9, 2005 (Noon) ¿SJ August] 6, 2005 August 1,2005 (Noon) D October 18,2005 October 3, 2005 (Noon) D September 6, 2005 August ]5,2005 (Noon) D November I, 2005 October ]7, 2005 (Noon) ~. :; D September 20, 2005 September 6, 2005 (Noon) D November 15, 2005 October 3], 2005 (Noon:}":) '.-) -.{ ."~; ~ =¡-< :¡::t-'" /~ c:: ;j -q (¡~) D Administrative D Development Plans - , ¡ ;~---' ¿SJ D C) ~.--- -.... NATURE OF Consent Agenda New Business .."'..... ~-.ol._ AGENDA ITEM D Public Hearing D Legal ,¡)(""~ -~ --")-y'" - -71 D Bids D UnfInished Business - -qCC .. _!'T\ D Announcement D Presentation Ui (;> :.....; i (11", D City Manager's Report :I: RECOMMENDATION: Please place this request on the August 16, 2005 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommended that the subject request be approved on August 9, 2005, subject to deletion of conditions #69, #71 and #76, and changes to conditions #70, #72 and #75 to remove the requirement for an "interactive" fountain (#70), reduce heights of the raised planters to 24" (#72) and omit the requirement for office and retail uses along 4th Street (#75). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-142. EXPLANATION: PROJECT: Arches (MSPM 05-008) AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southwest comer of Ocean Avenue and Federal Highway DESCRIPTION: Request major site plan modifIcation approval for the construction of a large scale mixed- use project consisting of 378 dwelling units and 38,599 square feet of retail on ±4.68 acres in the Mixed Use-High (MU-H) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A JÄ-k ' Jh/IJr'ð ~/YW? - Deve pme Department Director City Manager's Signature ~~g1:~DùectO' City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\MSPM 05-008\Agenda Item Request Arches MSPM 05-008 8-I6-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-142 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpfi--(~ Planning and Zoning Director FROM: Eric Lee Johnson, AICP t Planner DATE: August 4, 2005 PROJECT NAME/NO: The Arches / MSPM 05-008 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: Boynton Ventures I, LLC Applicant: Boynton Ventures I, LLC Agent: Ms. Bonnie Miskel and Ms. Kim Glas-Castro with Ruden McClosky Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "Nj Existing Land Use: Mixed Use (MX) Mixed Use Core (MX-C) Existing Zoning: Central Business District (CBD) Mixed Use High (MU-H) Proposed Land Use: Mixed Use Core (MX-C) Proposed Zoning: Mixed Use High (MU-H) Proposed Uses: Retail: 40,596 square feet Residential: 1 bedroom (240 units) 2 bedroom (138 units) Acreage: 4.688 acres (204,208 square feet) Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); Staff Report - The Arches (MSPM 05-008) Memorandum No PZ 05-142 Page 2 South: Right-of-way for Southeast 2nd Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); East: Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West: Right-of-way for Southeast 4h Street and still farther west is developed commercial properties zoned CBD. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Boynton Ventures I, LLC assembled many lots within two city blocks in order to develop a large scale mixed use project. The subject property is located within Study Area III of the Federal Highway Corridor Community Redevelopment Plan and a portion was previously approved for a rezoning (LUAR 03-003), from Central Business District (CBD) to Mixed-Use High (MU-H). In addition, the property was also approved for a site plan (NWSP 03-002) consisting of three (3) buildings ranging from three (3) stories to 10 stories in height. The previously approved site plan contained 276 dwelling units, 24,296 square feet of retail, 18r169 square feet of officer and 12,699 square feet of restaurant use. It should be noted that a portion of an alley on Block 7 was previously abandoned (ABAN 03-002) to accommodate the aforementioned uses. The project represented the second "mixed-uself type of development within the MU-H zoning district at the time of its approval. Since then, Boynton Ventures I, LLC acquired additional property on Block 7 on the Original Town of Boynton plat. As such, the applicant is now requesting a major site plan modification in order to construct a total of 378 dwelling units and 40,596 square feet of retail, which could include office and restaurant uses. This modification represents an increase in the retail area by 16r300 square feet and an overall increase in the number of dwelling units by 102 units. However, the office and restaurant uses have been eliminated from the plans; although a future conversion between the uses is probable. Regardless, the total "commercial" area has been reduced by 14,568 square feet. Approval of the site plan will be contingent upon the approval of the accompanying request for land use amendment / rezoning (LUAR 05-008). The recently acquired property would require the Mixed Use-Core (MX-C) land use and Mixed Use-High (MU-H) zoning. In order to attain higher residential density and achieve better project cohesiveness, the applicant submitted three (3) separate requests to abandon several adjoining rights-of-way (i.e. sidewalks, alleys, and streets). They are itemized as follows: ABAN 05-005, is for the remaining portion of Southeast 1st Place ( 0.057-acres), ABAN 05-004r would abandon Southeast 1st Avenue (0.308- acres), and ABAN 05-006, would abandon the sidewalks along Southeast 4th Street, Southeast 2nd Avenue, and East Ocean Avenue (0.221-acres). It should be noted Staff Report - The Arches (MSPM 05-008) Memorandum No PZ 05-142 Page 3 that these abandonment requests will be reviewed by the Board and City Commission at a later date. However, staff does not support the abandonment of the sidewalks (ABAN 05-006). The reasons for this position are as follows: Abandoning public sidewalks to benefit a property owner is contrary to standard procedure and will set a precedent that will be sought by other property owners / developers desiring increased density. This becomes problematic because abandoning sidewalks to increase project density is contrary to the standard methodology used by city staff and others conducting planning studies on growth projections. To allow the abandonment of sidewalks (en masse) in order to attain increased residential densities will cause complications related to comprehensive planning, long-range traffic analysis, and infrastructure needs / assessment. The land area of the sidewalks to be abandoned would amount to 9,640 square feet (0.221 acres). At 80 dwelling units per acre, this translates to a reduction in 18 dwelling units. The plans would have to be revised to reduce the number of dwelling units from 378 to 360 units (see Exhibit "C" - Conditions of Approval). ANALYSIS Concurrency: Traffic: Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. Intensity is typically measured by the proposed building area (in square feet). This project's traffic study was sent to Palm Beach County Traffic Division for their review and approval. The Traffic Division determined that the proposed mixed-use project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the city after the build-out date (2010). The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the TPS Ordinance (see Exhibit "c" - Conditions of Approval). Utilities: The purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities would supply potable water for this project (projected to a total of 125,000 gallons per day). Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire- flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project total of 125,000 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "C" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). Staff Report - The Arches (MSPM 05-008) Memorandum No PZ 05-142 Page 4 Police/Fire: Police and Fire review is pending and will be presented by staff if available at the time of the City Commission hearing. School: The proposed project is located within the School District of Palm Beach County Concurrency Service Area (CSA) #19. The District determined that adequate capacity exists to accommodate the projected resident children. Driveways: The proposed development is considered a large-scale mixed-use project that would encompass two (2) full city blocks. The project can be characterized by "urban / infill" development whereby front building setbacks are minimal and off- street parking is relegated to a subordinate role. The plans show that an interior parking garage would provide for the majority of off-street parking spaces, which is intentionally proposed to be located to the "rear" of the project (along Southeast 4th Street). Also, the project is not proposing traditional driveways and surface parking lots like "suburban/'-type of projects (where driveways connect to off-street parking located in front of the buildings). Conversely, this project proposes only one surface parking lot. This lot would be cradled between the buildings and virtually unseen from the adjacent rights-of-way. This at-grade parking lot would have two (2) points of ingress / egress and contain only eight (8) parking spaces. The project proposes three (3) driveway openings. The main point of ingress / egress is proposed along Federal Highway. Both the ingress and egress lanes would be 14 feet in width, separated by a seven (7)-foot wide landscaped median. The egress lane would allow for right-turn only traffic movements onto Federal Highway. An alternate point of ingress / egress is proposed along Southeast 4th Street. This opening would be 24 feet in width and would allow for left and right turn (south and north) traffic movements onto Southeast 4th Street. It would connect to the interior parking garage. The third driveway opening would occur along Southeast 2nd Avenue. The egress lane would allow for right (west) and left (east) turn traffic movements onto Southeast 2nd Avenue. Likewise, this opening would directly connect to the interior parking garage as well. The ground floor plan (sheet A-01) indicates that it too, would be 24 feet in width. Parking Facility: Off-street parking for the proposed MU-H zoning district must meet the requirements in Chapter 2, Section 11.H., of the Boynton Beach Land Development Regulations. The project proposes a mix of residential and retail uses. Normally, one-bedroom apartment units require one and one-half (1112) parking spaces and two and three bedroom apartment units require two (2) parking spaces each. However, the MU-H zoning district has a different parking methodology for residential units. According to the code, one-bedroom units require 1.33 parking spaces and two (2) bedroom units require 1.66 parking spaces. The project proposes 378 units (a mixture of one, two, and three bedrooms), which would require 512 parking spaces. The commercial use (which would allow a mix of retail and restaurant uses) requires one (1) parking space per 200 square feet of gross (net) leasable floor area. The site plan proposes 40,596 square feet of retail thereby requiring 203 parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 753 parking spaces would be required. The site plan proposes 777 parking spaces, or an excess of 24 spaces. Regular parking space dimensions would conform to code requirements of Staff Report - The Arches (MSPM 05-008) Memorandum No PZ 05-142 Page 5 nine feet by eighteen feet for 90 degree parking. Handicap spaces would be dimensioned 12 feet by 18 feet. As previously mentioned, the applicant is proposing a five (5)-story parking garage that would accommodate up to 769 vehicles, including 16 handicap spaces. The accessible (handicap) spaces would occur on levels One through Three. According to the Ground Floor Plan, a total of 127 parking spaces are proposed on the bottom floor. These spaces would be used for the retail users. Likewise, the Second Floor Plan would provide 162 spaces, of which, 78 spaces are earmarked for retail uses. The remaining 84 spaces proposed on Level Two would be used for residential uses. All subsequent floors are earmarked for apartment parking - the Third Floor Plan would provide 168 spaces, the Fourth Floor Plan would provide 171 spaces, and the Fifth Floor Plan would provide 141 spaces. A surface parking lot located east of the interior parking garage and cradled in between the buildings would provide for up to eight (8) parking spaces. Although the intent is unclear as to the typical user of these spaces, in all likelihood, they would be set aside as convenience parking for the commercial uses. It should be noted that according to the applicant, six (6) parallel parking spaces would remain intact along East Ocean Avenue. In addition, three (3) parallel spaces are proposed on Southeast 2nd Avenue. These spaces would be utilized by the general public and would not count toward provided parking. Landscaping: The MU-H zoning district requires that at least 15% of the property is pervious area. The site plan tabular data indicates that the total pervious area would equal 48,505 square feet (1.11 acres) or 23.44% of the site. This is accomplished, in part, with the use of 51,590 square feet of pervious paving material called "Eco- stone" pavers. Essentially, the typically impervious surface of the at-grade parking lot would be replaced with Eco-stone. According to the applicant, Eco-stone is a hard, pervious surface that allows water to permeate through. These "Eco-stonelf pavers would also be used on pedestrian walkways and plazas proposed throughout the project. The pavers would be utilized in conjunction with the traditional pervious / landscaped areas. The pavers are purposely used to meet the 15% pervious requirement of the MU-H zoning district. Staff fully endorses this concept (within the Mixed Use zoning districts). However, the sixth floor recreation deck contains plant material. The pervious surface of the sixth floor deck cannot be used to count towards meeting the site plan's minimum pervious area. Therefore, at the time of permitting, the landscape plan's tabular data shall indicate the exact locations from where pervious surfaces statistics / data were derived (see Exhibit "c" - Conditions of Approval). The traditional landscaped areas would total 22,710 square feet or 0.52 acres. According to the Tree Disposition Plan, the subject site currently contains 111 existing trees. The species consist of the following trees: Foxtail, Coconut, Christmas, Cabbage, Royal, Queen, and Solitaire palm trees and Oak, Ficus, Pink Tabebuia, and Mahogany shade trees. At the time of permitting, the developer shall provide a list of on-site trees (earmarked for removal/relocation) to the Parks and Recreation Division. The Division will use this list to identify those trees Staff Report - The Arches (MSPM 05-008) Memorandum No PZ 05-142 Page 6 eligible for relocation to a city property. However, it must be noted that not all the trees and palms can be used by the city. In any case, the developer must root prune the trees according to industry standards in advance of transplanting. In addition, the developer must be responsible for relocating the trees and palms to the locations determined by the Division. The developer must irrigate the trees and palms for a period of 90 days or until irrigation can be installed. Many of these trees would be relocated to the Woolbright / Leisureville park site (see Exhibit "c" _ Conditions of Approval). The regulations for the MU-H district provide specific landscape requirements that are addressed in the proposed landscape plan. The landscape plan plant list indicates that 300 shade / palm trees are proposed, of which, 33% would be native species. The landscape plan also proposes 4,803 shrubs / hedges / accents, of which, 22.3% would be native species. Therefore, at the time of permitting, the plans must provide 50% native plant material (see Exhibit "c" - Conditions of Approval). The plant material proposed along the rights-of-way (within the north, south, east, and west landscape buffers) would consist of the following species: Helen Johnson Bougainvillea, Shining jasmine, Green Buttonwood hedge, Florida Royal palm, and Glaucous cassia. Generally, the trees proposed within the streetscape include Royal Palm, Live Oak, and Glaucous Cassia trees. The Florida Royal palm trees, proposed along Federal Highway, would be installed at 12 feet of gray wood at the time of installation. The Live Oak trees proposed along Southeast 4th Street would be installed at 18 feet to 22 feet in height. Palm trees would be used in the streetscape in areas of conflict with utility easements. A note on the landscape plan indicates that "Bio-barriers" or root barriers would be provided for all streetscape canopy trees. To protect the trees, tree guards will be provided for all streetscape trees located along the rights-of- way. The landscape plans show that these streetscape trees would be placed 20 feet apart. Also, a row of planters or flower containers filled with blooming annuals or perennials shall be placed along the sidewalks along Federal Highway and Ocean Avenue. These pots would be irrigated and drained. It should be noted that any plant material proposed outside the property lines cannot be counted towards meeting the minimum required landscaping. Furthermore, any landscape material proposed within the right-of-way must obtain the Engineering Division (and Florida Department of Transportation FDOT) review and approval. The site's interior courtyard would contain a substantial amount of plant material. According to the applicant, the courtyard area is approximately 35,600 square feet in area. The landscape plan shows that a planting strip along the east façade of the interior parking garage and along the west façade of the retail (within the courtyard) would be lined with Alexander palm trees and Redtip Cocoplum hedges. The interior courtyard would also contain Dwarf Philodendron, Royal palm, Giant Swardfern, and Sweet Vibernum. Building and Site: Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Basically, the Staff Report - The Arches (MSPM 05-008) Memorandum No PZ 05-142 Page 7 project can be summarized as containing three (3) main buildings, which are, two (2) mixed-use towers and a three (3)-story retail building centered upon an interior court yard. The plans give the appearance that the project is made up of one (1) giant building. The maximum height allowed by the MU-H zoning district is 150 feet. All proposed buildings would comply with this maximum height requirement. The number of stories for the project ranges between four (4) stories to 15 stories. Generally, the mixed-use portion proposed along Federal Highway would be four (4)-stories tall. The elevations indicate that the top of the roof along Federal Highway would generally be 43 feet - eight (8) inches in height. The top level of the parking garage would be the fifth floor. The elevations of Southeast 4th Street (sheet A- 13) show that the top of the garage would be 53 feet - four (4) inches tall. It should be noted that the project's recreation deck is proposed on the roof of the parking garage (see floor plan of 6th floor). The residential towers, proposed at each end of the project would be 15-stories tall. The elevations shows the roof line of the towers would be 150 feet in height and the top of the parapet wall would be 154 feet - eight (8) inches in height. However, there are certain elements of the building that would exceed 150 feet. The roof plan (sheet A-09) shows that these elements, namely the top ofthe stairwells and elevator shafts, would reach as high as 167 feet. Therefore, approval of the site plan (as proposed) is contingent upon the approval of the accompanying request for height exception (HTEX 05-006). The MU-H zoning district requires no building setback but rather a zero (0) build-to line. However, the building setbacks may be increased in areas where the intent is to widen the pedestrian sidewalk and public gathering areas. This requirement would apply to all building facades because the buildings front on four (4) streets. The site plan shows the configuration of the lot lines after a successful abandonment of the sidewalks. However, staff is not supporting the request for sidewalk abandonment. The building setback is measured from the property line to the exterior surface of the supporting columns. Along Federal Highway, the proposed building setback would be approximately 15 feet from the east property line to the columns of the four (4)-story building. Along East Ocean Avenue, the proposed setback would be 11 feet - nine (9) inches from the existing north property line. However, the proposed building setback would be over 20 feet away from the north property line if the sidewalk along East Ocean Avenue were abandoned. This would not meet the intent of the code. It should be noted that the proposed building is over 84 feet at the northeast corner of the property (at the intersection of Federal Highway and East Ocean Avenue). This would meet the intent of the code because it would provide for a public gathering area / fountain amenity that all could enjoy. However, staff at the Community Redevelopment Agency is recommending reducing the size of the public gathering area. According to the , applicant, this public plaza area would be approximately 21,500 square feet in area (see Exhibit "c" - Conditions of Approval). The proposed building setback along Southeast 4th Street would be nearly 16 feet. Again, the maximum allowable setback along the west property line can be no more than 15 feet. The plans would have to be revised to comply with code. The site plan shows that the Staff Report - The Arches (MSPM 05-008) Memorandum No PZ 05-142 Page 8 building would be setback over 20 feet from the south property line (along Southeast 2nd Avenue) if the sidewalk along this street were abandoned. Again, the building may be setback no further than 15 feet from this property line. It appears as though it would comply if the sidewalk were not abandoned. As previously mentioned, the plans propose a mix of one (1) and two (2) bedroom apartment units. The site plan tabular data indicates that the smallest one (1) bedroom unit would be 778 square feet (under A/C). The average size of all units would be 1,100 square feet (under AlC). This would comply with the MU-H zoning district. Design: In contrast to the prevailing "Old Florida" or "Mediterranean" vernacular, the proposed architectural style could be described as "modernist" with the use of Solarscreen glass, horizontal accent bands, and metallic linear features. Improvements have been made to both the project and plan graphics to show compliance with the CRA's design guidelines; however, staff observes room for continued improvement in the street-level portion of the project. Staff continues to provide the applicant with the option of providing more architectural elements to articulate the street level facade, or additional graphics or plan details to show compliance with the design guidelines. Additional elements would involve accentuation of the walkway covering, presence of arcades or similar features, and plinth, tiles or equivalent details (see Exhibit "c" - Conditions of Approval). The elevations show that red (Jockey Red #6003) canvas awnings are proposed along the base of each façade. As previously mentioned, a noteworthy characteristic of the project is that the parking would be virtually hidden from all views and is considered to be a subordinate, unobtrusive element of the plan. Vehicular traffic is contained within the internal framework of the project. The parking garage would be enclosed but would have decorative openings compliant with Florida Building Code. These openings would resemble large windows. The public space would be easily accessible and open year round. External public space in the form of a spacious plaza organizes and unifies the northern block and provides the essential public connection to East Ocean Avenue. In fact, the public plaza is proposed at 21,500 square feet in area, or approximately 9,000 square feet more than the original site plan. A central feature of the public plaza is a water fountain. Its placement would be used as a focal point, although subtly, it provides relief and balance to the hardscape and landscape elements of the plaza. The proposed building material would be a combination of glass, metal, and brick. The elevations do not indicate the paint manufacturer's name or color code. This information must be included on the elevations prior to the issuance of a building permit (see Exhibit "c" - Conditions of Approval). The proposed building colors are the following Benjamin Moore paints: Off-white Lancaster white - Tan Desert Tan 2153-50 Light Yellow Roasted Sesame Seed 2160-40 Peach Apple Crisp 2159-3 Staff Report - The Arches (MSPM 05-008) Memorandum No PZ 05-142 Page 9 The applicant intends to use the same freestanding outdoor lighting fixtures that the City installed along the sidewalk on Ocean Avenue. The project would contain a combination of black poles / lamps within the project interior and teal poles / lamps along the exterior - Federal Highway and Ocean Avenue. The details of the pole show that pole heights could range from 12 feet tall (Courtyard Lights) to 18 feet tall (Exterior Street Light). Signage: No project signage is proposed with this submittal. At the time of permitting, the applicant would be required to submit a master sign program that shows the number, location, dimensions, exterior finish, and color(s) of all signs (Chapter 2, Section 5.H.9.). The sign program would address all types of signs, including commercial wall signs, identification signs, residential subdivision signs, freestanding monument signs, canopy signs, way-finding signs, directional signs, and all other signs as regulated by Chapter 21 of the Land Development Regulations (see Exhibit "c" - Conditions of Approval). RECOMMENDATION: Staff has reviewed this request for major site plan modification. Staff recommends approval, contingent upon the approval of the concurrent land use amendment/ rezoning application, height exception, successful abandonment of Southeast 1st Avenue, and all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECfS\ARCHES @ BB\MSPM OS-008\Staff Report.doc , . ¡ . ., "''''''~,'-~-'''''''''''''')'-'~'-;' _n. , --=<Y'_ , ~ ~ ~, . ~, z .,' , ! i'i " m .~. '... 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OJ ~ (1) ~ fI> Q) q ~. g. ~:pt~ i~ ¡~ ,,1 pt,~ " ~i' ,~ t' ~!-J:i!~~~' - !~i' ~ !' ~ pt~pt~l'~p- iD' - .. 6 ;. ~~ ï~ &~ ;~ ã: ~ ~ ~ §~! {¡ ~~! ~ ~i ~~ ~ !fJ ïl :1.<; Ii ¡~.¡~ ~~ ~~ <; ~ .I. o~ ~~ ¡ ..~ It ~~ ~ It r - 5 ro . . ~ - EXHIBIT B . iri1 t ;;:0 -I 0>(1) ~~ =r (1)2 CD ¡þ'3 ;;0'"0 » (1) a ~:~ .., () m;::¡. =r '" _. -(1) 0>'" CD ãr:- Qð en a' I:: ~ :J ,\ Ç') k;- §3§3 §3 I-- = :: EEIB EE I::! EHEBEBI EHEBEB EB EE EBEB :r::: EE 8 EElEBEH EBEElEB EB EEEH EB =IB ~ ii± !JJ ~~ b '= W 0 f- EEIB EE EHEE!EB EEHB EB EB lEE æ EEl ~ ¡ ji l () 1= ~ CD ~ Q) ~ EEEE EEls EEJEElEB EHEElEBI EB EEEB EB z :J - 0 = ~~ ij nm ~~ ~ ~¡if » ~ ~m SOlD < 8< CD JJm§ III HI ~~ õ' :J ~ iiï c: k> EEEE EEEBEHEBEBEE! EEl EB EBI EE EH EB m 0 CD j§i] 0 k.. IIi! ~ m s 'U µ::= EEl EElEB EB EEEBEE! EB iEE EB EEl i: CD !!!.. < I- ~ Q) ii& ~I ~ I:: il 0 :J r- U> ¡ 7 .. ~ ~ L ~P'P: i!iiUiiiU!!l¡~¡~!~ +Ô~~å ~â";> ât.~~P ~â~ lip ,,;>[¡ ! ~"~~!; s rD ó ~ ~ ~~ q ~ 1; ~ ~ ~ b .; ~ q o;~ J: <\~ ~ ~ ~ ~H__ 0 '< :J <> r-+ - o <>. :r: :J ~. rD 0 :T CD ~ ~ Q) "'- '" () 0 0 =r iiï ¡þ ~ _III "T1 r r r- _ ,... EXHIBIT "C" Conditions of Approval Project name: Arches File number: MSPM 05-00S Reference: 2nd review plans identified as a Maior Site Plan Modification with a August 2, 2005 Planning and Zoning Department date stamp marking. , n DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: l. At the time of permitting, show sight triangles on the Landscape Plans (LDR, X Chapter 7.5, Article II, Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles along Federal Highway. Use 25 foot sight triangles for all other driveways and intersections. 2. Please provide infonnation on the proposed abandonment of SE 151 A venue (a X 40-foot R/W) and/or SE 151 Place (a 20-foot alley). Existing utilities servicing this quadrant are located in both of these roadways; any proposed re-route must be adequate and hydraulically workable. Please demonstrate this for all support utilities including gas main re-route, electric and telephone. 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Remove Yard Drain (YD) 23 and 24 and relocate YD manhole to be X perpendicular to the east-west IS-inch Reinforced Concrete Pipe (RCP) at the main entrance off Federal Highway. 5. Provide drainage calculations showing that the first Yz inch is being "pre- X treated" on site and showing how the hydraulic load complies with the Downtown Master Stonnwater Plan. 6. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and wíll be reviewed at the time of construction permit application. UTILITIES COA 08/05/05 2 DEPARTMENTS INCLUDE REJECT Comments: 7. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 8. Fire flow calculations will be required demonstrating the City Code X requirement of 3,000 g.p.m. with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 9. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Please note the reservation fee for the prior extension is past due and must still be paid in arrears back to January 2005. 10. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. These include those utility lines shown between building structures offset and parallel to old SE I st A venue. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 11. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 12. A building permit for this project shaH not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 13. Water meter and sizes are not shown. Please provide engineering X calculations, or any explanation of the service lines and tentative meter sizes required for this project. 14. Appropriate backflow preventer(s) wiH be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 15. Utility construction details wiH not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. COA 08/05/05 3 , , DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 16. At the time of permitting, indicate within the site data the occupancy type of X each building as defined in 2001 FBC, Chapter 3. 17. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. 18. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 19. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 20. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 21. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 22. Add to each building and tenant space that is depicted on the drawing titled X site plan and floor plan a labeled symbol that identifies the location of the handicap accessible entrance doors to each building and tenant space. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 23. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. COA 08/05/05 4 DEPARTMENTS INCLUDE REJECT 24. Bathrooms and kitchens in the covered dwelling units shall comply with the X Federal Fair Housing Act 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the Fair Housing Act is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the plans. 25. If an accessible route has less than 60 inches clear width, then passing spaces X at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T" -intersection of two corridors or walks is an acceptable passing place. 2001 FBC, Section 11-4.3.4. 26. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _. _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." 27. To properly determine the impact fees that will be assessed for the pool X building, provide the following: · Will the pool building be restricted to the residents of the entire project only? · Will the residents have to cross any major roads or thoroughfares to get to the pool building? · Will there be any additional deliveries to the site? · Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool buildingllease office. 28. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 29. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the pennit shall be submitted at the time of permit application, F.S. 373.216. 30. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the COA 08/05/05 5 I ~ DEPARTMENTS INCLUDE REJECT Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. · The number of dwelling units in each building. · The number of bedrooms in each dwelling unit. · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 31. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land. · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. · The number of dwelling units in each building. · The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 32. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 33. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 34. Add to the floor plan drawings of the individual units a breakdown of the area X within the unit. The area breakdowns for each unit shall specifY the total area of the unit, area of the balcony, total area that is air-conditioned and, where applicable, total area of storage and garage space. If the garage and storage areas are not part of a specific unit, the area shall be included and identified within the area of the building. Indicate how many of each type of unit will be on each floor and within the building. 35. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F .S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: COA 08/05/05 6 DEPARTMENTS INCLUDE REJECT The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. All shoring and re-shoring procedures, plans and details shall be submitted. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 36. This project is located within the Downtown Stormwater Improvement X Watershed. Therefore, appropriate fees must be paid to the City of Boynton Beach Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Building Division at the time of permit application submittal. 37. At the time of permitting, an elevator shall be installed in the parking X structure as required by Florida Statute 399.035(2) and the Florida Building Code sections 11-4.1.3(5) and 3003.4.1. 38. Van accessible parking spaces are required in the parking garages. One in X every eight accessible spaces in the garages shall be van-accessible and comply with the 2001 FBC, Section 11-4.1.2(5)(b), 11-4.6.3 and 11-4.6.5. PARKS AND RECREATION Comments: 39. At the time of permitting, the developer shall provide a list of on-site trees X (earmarked for removal/relocation) to the Parks and Recreation Division. The Division will use this list to identify those trees eligible for relocation to a city park. However, it must be noted that not all the trees and palms can be used by Recreation and Parks. In any case, the developer must root prune the trees according to industry standards in advance of transplanting. In addition, the developer must be responsible for relocating the trees and palms to the locations determined by Recreation and Parks. The developer must water the trees and palms for a period of 90 days or until irrigation can be installed. 40. Recreation Impact Fee as follows: X 378 multi-family units @ $656.00 each = 247,968.00 Impact Fee due prior to issuance of first permit. COA 08/05/05 7 I I DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 41. Approval of this project is contingent upon the approval of the corresponding X request to rezone from CBD to MU-H (LUAR 05-008). Indicate as such on the site plan tabular data at the time of permitting. The MU-H zoning district allows for up to 80 dwelling units per acre and the total number of allowable units directly corresponds to the project acreage. Therefore, at the time of permitting, revise the plans so that the number of units does not exceed the maximum allowable density. 42. Approval of this project is contingent upon the approval of the corresponding X request for a height exception (HTEX 05-006). Indicate as such on the site plan tabular data at the time of permitting. 43. Approval of the site plan (as proposed) is contingent upon the successful X abandonment (ABAN 05-004) of Southeast 151 A venue, and (ABAN 05-005) Southeast 151 Place. Staff does not support the sidewalk abandonment (ABAN 05-006) which would reduce the project area by 0.221 acres, thereby reducing the density by 18 dwelling units. 44. In addition to the current survey, submit an updated boundary survey showing X the inclusion of Southeast 151 A venue into the boundaries of the subject property. Staff will use this area in conjunction with the private lands to confirm total project acreage, proposed density, and building setbacks. The total project acreage should match the site plan tabular data. Provide the break-down of project acreage for each area surveyed to confirm the total land area as indicated in the site plan tabular data. The buildings can be setback no further than 15 feet, unless a public gathering space (such as the one proposed at northeast comer of the property) is provided. 45. The Palm Beach County Traffic Division determined that the proposed mixed-use X project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic Perfonnance Standards (TPS) of Palm Beach County. However, no building pemúts are to be issued by the city after the build-out date (2010). The County traffic concurrency approval is subiect to the Proiect Aggregation Rules set forth in the TPS Ordinance. 46. Because there are multiple lots, a unity of title will be required to join the lots X together. A unit of title shall be executed prior to the issuance of a building permit. COA 08/05/05 8 DEPARTMENTS INCLUDE REJECT 47. The meeting rooms proposed on the ground floor is an accessory use to the X residential portion of the project and shall not be utilized for commercial purposes unless accounted as such in the project's required parking methodolo 48. The project's proposed uses and their required parking is inconsistent between the plans. Therefore, at the time of permitting, the site plan tabular data should accurately indicate the number of required parking spaces in the format shows below. Staff understands the required parking would be as follows: Proposed Use Required Provided Parkin Parkin 320 230 203 753 769 8 777 Net Difference +24 On-street aces 9 X 49. At the time of permitting, all elevation pages shall indicate the exterior X finishes, roof material, paint manufacturer's name, and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). This would include the 001 avilion as well. 50. At the time of permitting, indicate the height dimension of the tunnel opening X as shown on the Federal Hi hwa elevations and the SE 4th Street elevations. 51. At the time of permitting, obtain consent from the Engineering Division of X Public Works and / or Florida Department of Transportation (FDOT) for all plant material proposed outside the property line and within the public right- of-way. These trees / plants cannot be included within the plant list. Provide a separate plant list that indicates quantity and species of plant material ro osed within the ri hts-of-wa . 52. At the time of permitting, the landscaping proposed at main project entrances X shall contain a signature tree at both sides of the entrance (Chapter 7.5, Article n, Section 5.N.). A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that signature trees do not contribute toward the total number of required erimeter trees Cha ter 7.5, Article 2, Section 5.N. . COA 08/05/05 9 DEPARTMENTS INCLUDE REJECT 53. At the time of permitting, categorize the plant material into the following: X Canopy trees, palm trees, and shrubs / groundcover. 54. At the time of permitting, fifty percent (50%) of all site landscape materials X must be native species (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Canopy trees, Palm trees, Shrubs & Groundcover. 55. The sixth floor recreation deck contains plant material. The pervious surface X of the sixth floor deck cannot count towards the site plan's minimum pervious area. Therefore, at the time of permitting, the landscape plan's tabular data shall indicate the exact locations from where the pervious surface statistics were derived. The MU-H zoning districts requires that a minimum of 15% of the site shall be of pervious surface (Chapter 2, Section 5.F.5). 56. At the time of permitting, place a note on the site plan (sheet 1 of 12) that X sidewalks shall be Hollandstone pavers, red / charcoal color mix by Paver Systems Inc. or equal, laid in a 45 herringbone pattern to continue the design elements in place along Federal Highway (Chapter 2, Section 5.F.8.d.(2). 57. The typical drawing of proposed freestanding outdoor lighting poles shall X indicate that the interior poles will be painted black and the exterior (along the rights-of-way) shall be painted to match the existing poles along Ocean Avenue. 58. At the time of permitting, submit a master sign program that shows the X number, location, dimensions, exterior finish, and color(s) of all signs (Chapter 2, Section 5.H.9.). The sign program would address all types of signs, including commercial wall signs, identification signs, residential subdivision signs, rreestanding monument signs, canopy signs, way-finding signs, directional signs, and all other signs as regulated by Chapter 21 of the Land Development Regulations. 59. The subject site is located along Palm Tran Bus Route 1. Staff recommends X that the bus-stop be substantial and attractive, possibly constructed within the build-to area of the subiect property. 60. The landscape plan shows two (2) Royal Palm trees are proposed at the X southeast comer of the property. Staff recommends installing tall growing trees into the design of the public plazas at each comer of the subject property. The trees should be of substantial size, in order to immediately help break up the building mass. The proposed Royal palm trees (12 feet of gray wood) are small in comparison with a I 50-foot tall building. 61. At the time of permitting, staff recommends incorporating benches into the X design of the public plaza proposed at the major comers of the subject property. 62. Regarding the tunnel opening proposed interior to the project but visible rrom X COA 08/1 0/05 10 DEPARTMENTS INCLUDE REJECT Federal Highway - staff recommends "rounding" the opening so that it looks more like an archway rather than a square tunnel. Also, decorative molding and cornice work would really enhance its appearance. These same treatments should be provided for SE 4th and SE 2nd as well. 63. Staff applauds the developer for proposing a fountain at the northeast corner X of the property. However, the fountain on the landscape plan depicts it at the very northeast corner of the parcel. It should be setback so as not to impact the safe-sight triangle of Ocean A venue and Federal Highway as depicted on the site plan. Provide detailed drawings of the fountain. Please correct all plans accordingly. 64. Increase prol1Unence of architectural banding components at vertical X transitions of the project, or improve plan details to show compliance with draft CRA Urban Design Guidelines (see Section 5, page 73 of document). 65. Staff recommends elimination of retail/residential loading #5, reconfiguration X of back of house operations for "retail D", in order that retail loading #4 can accommodate all of "retail D". Residential loading #6 can then handle loading needs for building #2. This should enhance the SE 2nd A venue building elevations. 66. The site data provided on sheet AOl of 12 does not match that of the site plan X sheet CE-3. Please verify correct numbers and revise all sheets accordingly. 67. Please provide written permISSlOn from BellSouth for the proposed X construction around their existing in-ground facilities on the site and their ability to maintain the facilities with your proposed design. 68. Improvements have been made to both the project and plan graphics to show X compliance with the CRA's design guidelines; however, staff observes room for continued improvement in the street-level portion of the project. Staff continues to provide the applicant with the option of providing more architectural elements to articulate the street level facade, or additional graphics or plan details to show compliance with the design guidelines. Additional elements would involve accentuation of the walkway covering, presence of arcades or similar features, and plinth, tiles or equivalent details. Staff recommènds utilizing awning colors that are more in keeping with the shades of blue / teal that are characteristic throughout the city's public works projects. 69. CRA staff recommends the reduction in the size of the public plaza at Ocean X Avenue and Federal Highway for proper scale with proposed and recommended additions and activity potential. 70. CRA staff recommends that an interactive fountain be used in the public X plaza at the corner of Ocean Avenue and Federal Highway. The fountain should be of significant size to anchor the corner at Ocean Avenue & Federal Highway. COA 08/10/05 11 I . DEPARTMENTS INCLUDE REJECT 71. CRA staff recommends that the public plaza contain a staging area in front of X the fountain that would accommodate live music and ~ntertainment. 72. CRA staff recommends the addition of raised planters around each Royal X Palm within the public plaza that will serve as seating areas. Minimum size should be 6' x 6' x 30" high x 12" deep made of material suitable for seating. 73. CRA staff recommends that the sidewalk at the Federal Highway entrance of X the project be continued around the motor court to permit safe pedestrian access. 74. CRA staff recommends that the entrance to the motor court at Federal X Highway be enhanced with a fountain. 75. CRA staff strongly recommends that the 4th Street frontage have active uses X such as office or retail. If however, the project is approved without this condition, the garage openings at all levels of the 4th Street frontage shall have metal trellis with bougainvillea or an equivalent species. 76. CRA staff recommends that water features be added at the following comers X to enhance the pedestrian environment: Southeast 2nd Avenue and Federal Highway Southeast 2nd Avenue and Southeast 4th Street Southeast 4th Street and East Ocean Avenue 77. On the site plan, CRA staff notes the lack in clarity regarding patron access X between the parking garage and the commercial components, and therefore is recommending that if necessary, modifications be made to optimize these routes. COMMUNITY REDEVELOMENT AGENCY BOARD COMMENTS: Comments: 78. Deletion of conditions #69, #71 and #76. X 79. Changes to condition #70 to remove the requirement for an "interactive" X fountain. 80. Changes to condition #72 to reduce heights of the raised planters from 30" to X 24". 81. Changes to condition #75 to omit the requirement for office and retail uses X along 4th Street. COA 08/10/05 12 i DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 80. To be detennined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\MSPM 05-008\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Arches AGENT: Bonnie Miskel and Kim Glas-Castro with Ruden McClosky AGENTS ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification approval to construct a mixed-use development consisting of 378 dwelling units and 40,596 square feet of retail on a 4.688-acre parcel zoned MU-H Mixed Use-High. LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the 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,IPlanningISHARED\WP\PROJECTSIARCHES @ BBIMSPM 05-00&\DO,doc VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH · AGENDA ITEM REQUEST FORM Requested City Corrunission Date Final Form Must be Turned Requested City Corrunission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2,2005 July 18,2005 (Noon,) D October 5, 2005 September 19,2005 (Noon) ~ August 16, 2005 August 1,2005 (Noon) D October 18,2005 October 3,2005 (Noon) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November 15, 2005 October 3 1,2005 (Noon) D Administrative 0 Development Plans -~-. -..I , ~ Consent Agenda D New Business --\~~ NATURE OF "_J AGENDA ITEM D D '. 'I Public Hearing Legal - D D - .~,. Bids Un[mished Business .-£) D D Presentation k",'o<,_ Announcement -a _nc; -~'.'" D -o-'Ü>O '-.,-v City Manager's Report 01 ~1í ..-- ~CD en -ï'l '::; :Þ .r- " (J RECOMMENDATION: - Return cash bond of$12,445.40 to Ross Realty Investments, Inc. for the project known as L.A. Fitness. EXPLANATION: On June 13,2005, the Building Division sent to the Finance Department a cash bond of$12,445.40 for the completion of the permitted work for the project known as L.A. Fitness located at 2290 N. Congress Avenue. The work has been completed and the Certificate of Occupancy was issued on July 6,2005. PROGRAM IMP ACT: None FISCAL IMP ACT: None Quintus r Development Department Department Name City Attorney / Finance / Human R sources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE o F OCCUPANCY PER MAN E N T Issue Date . . 7/06/05 Parcel Number . 08-43-45-17-00-004-0060 Property Address 2290 N CONGRESS AVE BOYNTON BEACH FL 33426 Subdivision Name · Legal Description 17-45-43, TH PT OF NW 1/4 OF SW 1/4 LYG N OF NW 22ND AVE, S OF QUANTUM BLVD & W OF PB57P182 (LESS CONGRESS AVE Property Zoning . · . COMMUNITY COMMERCIAL Owner . . · RM BOYNTON SHOPPES LLC Contractor BRICE BUILDING COMPANY INC 561 723-9317 Application number 04-00002040 000 000 Description of Work · COMMERCIAL BUILDING Construction type . · TYPE IV/UNPROTECTED Occupancy type . . · ASSEMBLY Flood Zone . · C FLOOD ZONE/MIN FLOODING Special conditions · LA FITNESS FINISH FLOOR ELEVATION 14.1 LAG 12 FLOOD ZONE A5 Approved ,~P/PANEL, 120196~~~SE FLOOD 11 Buili g Official VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "A" .",.-."..,>.,..._-,._,>._~,~..__._",-"---,,,,,~,.,,,"".. - 07/11/2005 13:47 FAX 9544524700 ROSS REALTY \It ~ ,. !4J 001/007 Q ~ é6~) 452..-SC0~ :1.. 2:~ l~tÞSS '\\lltA [jIL Íõ JuiliJAlJ INVESTMENTS ~:::!lJ ~ IJi VIA FACSIMILE 561-742-6357 July 6, 2005 CI D¡ City of Boynton Beach øa Building Department 'If iO 5~ Attn: Mr. Don Johnson 100 East Boynton Beach Boulevard PO Box: 310 Boynton Beach, Fl33425 Re: Tbe Shoppes of Boynton (the "Property") Dear Don: As you may know, the partnership that owns the Shoppes of Boynton was required to provide surety) in the amount of $12,445, to secure some obligations related to the landscapiDg in the parking lot surrounding the LA Fitness. I have been advised by our General Contractor (LM Development) that the landscaping obligations associated with this surety have been satisfactorily met. As such, I kindly request that the cash be released. Please fOTward the check directly to Ross Realty Investments, Inc. at the following address: 3325 South University Drive Suite 210 Davie, FI 33328 If you should have any questions regarding this matter, please feel free to give me a call at 954-452-5000 x '. Sincerely, R~TY INVESTMENTS, INe Gloria Gemayel Senior Vice President Acquisitions and Finance EXHIBIT "B" 3325 South Unlvêrsity Dri\fê Suirê 210 Davie. FL 3332B-2uLV 1 (BOO) 370-4202 (954) 452-5000 Fax: (954) 4S2-47oo WWW.r055-realty_com ê-mall: Info@ross-realty.com 07/11/2005 13:47 FAX 9544524700 ROSS REALTY I4J 002/007 l~ttSS !\\tltZ INVESTMENTS Copy: Lynn Bender, Winston Lee Associates Teri Hemaodez. Ross Realty Investments Vesta Hughey, Ross Realty fuvestments Michael Lombardi, LM Development Group Bill Matz, Ross Matz Inves1Inents Adam Reiss, Ross Realty Investments Barry Ross, Ross Ma.tz Investments Melissa Roye} Ross Realty Investments Attachment EXHIBIT "B" 3325 South Univêrsity Driv@ Suite 210 Davie, Fl33328-2020 1 (800) ~7Q.4202 (954) 452-5000 Fa)!;; (954) 452-4700 \NWW.ross-reõllty.~om ~mai1: info@ross-realty_com ~ . DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-113 TO: Bill Mummert, Director of Finance FROM: Timothy Large, Building Code Administrator ~ DATE: June 13, 2005 SUBJECT: CASH BOND - L.A. FITNESS - 2290 N. CONGRESS AVENUE Attached is a Cashier's Check for $12,445.40 from RM Boynton Shoppes, LLC. This is a cash surety for L.A. Fitness and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Lynn Bender, ASLA and check XC: Timothy K. Large, Building Code Administrator Permit File #'s 04-2040 and 04-2535 EXHIBIT "C" S:\Development\BUlLDING\Memos\Cash Bonds - 2005\LA Fitness,doc -,:-.'" - ......-.. ,C", :'c_ ,,_,-.,," ,¡--:-< c,:,, ...c·,_" .,...... C,_. -:', -:. .'_ _" '_.: ...: "._ .:':.. :....::.__~.:. _,0:;,." :0, ;:.._._'~.' ,'_ ", -,'0"" ._,,: '_'.:., " Þu~,N-Et\TIONTbwNESQ , , f¡> Ii, "*$12,445 DOLLARS AND 40 CEN'l'S";'* **~$12, 445. PAY ~-~~- Ö:!: Hoyntön Beaëri--- ----- ----~-~--'~ DOLLARS $ ___________ . I ~ DRAWER: BANKUNITED, FSa TO _______________ THE ORDER"" ~ OF =-- '., . .." ..... . ,. . .' . / IsSUed. ay..,...I.."le..,.9..'.....a.I., ed...p.,.,a. yme....n. 1..8.... YSI..em.. .s,...ln..c. '.'. E....". 9.le"W...OOd...CO.".lo.'ado...... .' ". . '.. .....~. ~ ~...y....'..~...........'.....' ...... ......~...................... ~.'.~.....'........ ..,.....'.',....................................,..ç::y.,........,...,'..... ,.....'. ...',...........~.'..~....., '. .....'. ,....... ..... To CíHbank íNewYo'K Stale): ßüffalo, N;Y. . '. . . '..> . ".' ,." ". .,'. ',... ,AI,JTHORIZEDSIGNAruRE. ,-,--,- - .. '- -' '"--'~---'------_._---'-<~-,-_.----'--.:.,~._---,.--~..._,-"..._._._-...:..'"'-~~-~-'-"'----"--'-'-';'. .-..--.-....-- ~',.---- ~--_..."".--'~ -_._~._-_.._.---,----.-._- ..,-" .- _.' ·-'--·_,_~_·_·_.__.'.._u........'..____~----"-'-__.. __~'._._._---"----,___.,__ ,__~,_<,-,___,_". __ _~. ,_..__~.__. .____"._...___. '" III 10 q 7 78111 ':0 2 20008 b81: b800 7 b q bO q8 78 3111 .,I:I:a"·,:f'·,:I.::aI.J~I~:'·'(et~(tI:{.JlI~1..·,:~:t.·..la.:u......I.ItlIJI'I=-~..II:r·,~[tI~...I(.J..J:.tt:'·,tJI'·,..·.·,~I......II'II.I.)1I:1~·.:I:(.JI'I..,.':f~t:l:.I.~~I~....'..:i.1.:~I~]:Ir..,."I..:i.I...JI'I~I..~:I~_.[~;..~~II!~'_J_~I~Ik'._':~~"II.J.J.=- 1---------------------- ___________________________________-_______________________ I i CITY Of BOYNTON BEACH N~ 34995 : Botnto~ Beach, Florida I f.l' . '5 1 '1 '{ 200 I _ I I I I ~ll'l : 71 uo - DOLLARS I I : FOR 1 l 1 {\'J' --r u'- ~ . ì ~)c \)\.Q.-V :} . 1 i r i - r, L I ' I $ };)..) YL/5. YD ¡ ::1. '\of') é¡ J- \~~t",EU-v,- : . 4 . t· ['. - i \ 1- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ jQ 3...ÅLt _ h-tt.-::--__ j :.~co_ .!~'->- _""-"'k1_'.:.':c:: _.;c, _~J0';..-,:~~,,,.L _ '_ _ _ _, __ _ __ _ _ _H_ __. . EXHIBIT "D" c~,"_~,~,"".~~~'¢I~.."""''",'''''''....''',..,_..,,,,,...,,'''''·_'''''''L''"'_,,',,,.,"'''''",;..."",,;;,,""'........ > 05/05/2005 15:07 5515895559 WINSTON LEE ASSO PAGE 02 .' . ~ Vli'{nstoif I ..,l~" '._" '.-.le€- '" ~ l~$SOclat ~S~ me., 1 - L1mds/;¡¡p<: An::hit~~itln la)'¡(! ~jpfiHjTlg ¡:,S,t.., ,~¡,C c¡ líi June 4, 2005 Mr. Kevin Hallt han City of Boyntor Beach Building Dept. 100 E. BoyntoJ ' Beach Blvd. Boynton Bead , Fl 33425 ; RE: LA Fitnl ISS of The Shop pes of Boynton Our FilE No. 003-013 Dear Kevín: , This office has reviewed the partially completed landscape planting installation for LA F~. As discussed, ! lased upon the field observation of installed foundation plantings; we believe ~t to be consistent y ith the design intent as approved by the City with the following modifications. ¡ PE: (2) additional Alexander dbl palms have been added to the western façad~ to compensate fo overall height shortages. (Original plan specified (5) at 18-20' o.a.) InsfafJed!are (2) @20' and (;) @ 16' for a total of 120' cumulative ht : CH~: (-18) additional Cocoplum @ ave. 21" ht have been added to supplement for ht shortage and Îr fill as needed for spr. (Original plan specified 24" o.a. & tip to tip coverage.) : , , I Per your direct on, the subject site based on the WLA prepared planting plans for LA Fitn!ess shall be bonde. I for the remaìning landscape installations. After review of existing conditions ~nd previous appro ,ed 'original' plans, the following estimates of probable costs shall be used às a guide in detem ¡njng the bond amount. Material remal nino to be installed: Please note that plans for LA Fitness shall be revi~ to depict 'as-builf conditions for tinal agreement and acceptance by your office. : North Buffer: (4) Sabal Palms 16-20' 0.8. $165/unjt $ 6~0 Parking Lot: (17) Uve Oaks, 12'x6' w/3"dbh $250/unit $4250 (remove & replace designated BottIebrush & any missing island trees) i (2) Purple Glory Trees, 10' 0.8. $150/unit $ 300 (4 ex. newly planted shall be relocated to eastern entry drive buffer) ¡ : EXHIBIT "E" ; 1532 Old Okcochobco RO¡;d. Suite 106, We5t Palm lieltcn, fL 33409"270 Td: :';tiT-ti89-4670 . PIIX; 561-689-5559 . E-mail: winstonwl.a@aotcom , ; 06/06/2005 15:07 5616895559 WINSTON LEE ASSO PAGE 03 . . Kevin Hallahall June 4, 2005 Page 2 Main Entry: (4) Calophyllum, 14x7 w/3"dbh $250/un;t $1000 (2) Purple Glory, 10' o.a. $150/unit $ 300 (2 ex. newly planted shall be relocated to entry drive buffers) Eastern Buffer * remove (3) ex. Oaks (6) Silver Buttonwood, 12' o.a. multi $200/unit $12òO (70) Viburnum, 24" o.a. $8/unit $ 560 (18+/-) Fakahatchee. 24" O.B. $8/unit $ 144 All healthy Wax Myrtle to remain --rhe ab )ve replacements are suggestions only at thís time and will be further discussed with the adjacent property owner. Costs depicted are minimums to address previous buffer 81 d are subject to change_ Upon agreement between owners, this portion shan be address !d immediately. Sod: Approx. 5000 sf $.28/unit $14QO Irrigation: Repair/replace broken/missing heads lS $15QO Total estimate: $11,314 Please feel freE to call if you have any questions or require additional information. Sincerely, Lynn Bender, P SLA Project ManagE r cc: Mike Lor 1bard; Jonl Brlr QTlan Don Joh lson Gloria G ~mayel EXHIBIT "E" VI.-CONSENT AGENDA ITEM G. 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 Citv Clerk's Office c=J August2,2005 July 18,2005 (Noon,) o October 5, 2005 September 19,2005 (Noon) [8] August 16, 2005 August 1,2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) o September 6, 2005 o November 1,2005 ;..~) August 15, 2005 (Noon) October 17,2005 (Noon) ,..') --\ ~J:. :::\ -<. c=J September 20, 2005 September 6,2005 (Noon) o November 15,2005 October 31, 2005 (NooK}; -<c~' -'1 '--- ~.-- ¡ - --, ...0 ..-o.~ 0 Administrative 0 Development Plans J,_~~ -0 'Jo NATURE OF [8] Consent Agenda 0 New Business -.,,,., '-:) :;:: -""' AGENDA ITEM 0 Public Hearing 0 Legal (.(.t ':;; CJ _:- í'l 0 0 ,:J1 oy. Bids Unfinished Business ~ tnÇ3 -'- 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Return cash bond of$139,534.00 to Centex Homes for the project known as The Harbors (Building # 12). EXPLANATION: On March 29,2005, the Building Division sent to the Finance Department a cash bond of$139,534.00 for the completion of the permitted work for the project known as The Harbors (Building # 12) located at 2280 N. Federal Highway. (A new cash surety was posted with the City on July 13, 2005, representing the additional work anticipated to facilitate vertical accessibility to the pool/cabana.) All the requirements for the occupancy of Building # 12 have been met and the Certificate of Occupancy was issued on June 30, 2005. PROGRAM IMP ACT: None FISCAL IMP ACT: None Development Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 C E R T I FIe ATE 0 Foe CUP A N C Y PER MAN E N T Issue Date. 6/30/05 Parcel Number . 08-43-45-15-03-000-0051 Property Address. 2280 N FEDERAL HWY BOYNTON BEACH FL 33435 Subdivision Name . Legal Description . Property Zoning . PLANNED ZONED DISTRICT Owner .. . .. CENTEX HOMES Contractor. CENT EX HOMES 561 536-1000 Application number . 03-00003548 000 000 Description of Work TOWNHOUSE Construction type TYPE VI/UNPROTECTED Occupancy type . RESIDENTIAL Flood Zone . . . A-7 FLOOD ZONE Special conditions . BUILDING #12 147 HARBORS WAY 148 HARBORS WAY 149 HARBORS WAY 150 HARBORS WAY 151 HARBORS WAY FINISH FLOOR ELEVATION 10.16 LAG 9 FLOOD ZONE A7 MAP/PANEL 120196-0004 C 9/30/82 BASE FLOOD 8 Approved , " ~~K-- Buil ng Official VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "A" ""-,.,''''i.._'...._~__'''1'!,''''____..._",,!i...;~,~,.., tJ'I- 2273 E:ENTEX HDMES tKi-j Ð~{() N±~ Southeast Florida Division 6J ß~~ {~ 8198 Jog Road, Suite 200 £lfû~f31~ Boynton Beach, Florida 33437 Phone: (561) 536-1000 July 8, 2005 í3~,k Fax: (561) 536-1060 www.CentexHomes,com Building Division eD. ' j 100 E. Boynton Beach Blvd. ~~ '11t3O~ P.O. Box 310 Boynton Beach, Florida 33425-0310 To Whom It May Concern: As property owner of The Harbors community in Boynton Beach, Florida, Centex Homes request that the cash surety for Building #12 ($139,534.00) be released. All the requirements for occupancy of building 12 have been met and a C.O. has been issued. A new cash yh been filed to the City of Boynton Beach in the sum of $30,000.00 repr nting the ad itional work anticipated to facilitate vertical accessibility to the pool ana if deemed ecessary. Sincerely, EXHIBIT "B" ~~ 03 -3J;lr ôtJ I:ENTEX HDMES Southeast Florida Division 8198 Jog Road, Suite 200 Boynton Beach, Florida 33437 œ~®~n\'ll~ill Phone: (561) 536-1000 June 28, 2005 Fax: (561) 536-1060 JUN 2 8 2005 www,CentexHomes,com Building Division 100 E. Boynton Beach Blvd. BUILDING P.o. Box 310 Boynton Beach, Florida 33425-0310 To Whom It May Concern: As property owner of The Harbors community in Boynton Beach, Florida, Centex Homes request th cash surety for Building #12 be used in place of the cash surety for the Pool ana u til a later date to be agreed upon with the City of Boynton Beach. After the greed da the surety will be replaced with a surety representative of the handicap lift at may be equired at the Pool Cabana. y ry Projec Manager Centex Homes EXHIBIT "C" ">"";""--';"-"""'~""~'''''''''''-'-~'''-~"".----~"",,,,,,,,-,,,,,_.,"~,,"'~~~'''-'''-'; DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-051 TO: Bill Mummert, Director of Finance FROM: Don Johnson, Building Official ß!; DATE: March 29, 2005 SUBJECT: CASH BOND - THE HARBORS (Pool/Cabana) - 2280 N. FEDERAL HWY. Attached is a Cashier's Check for $139,534.00 rrom Centex Homes. This is a cash surety for the Harbors (pool/cabana) 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 pem1Ìt and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letters rrom Scott Brennan, PE, Robert A. Bentz, ASLA, AICP and check XC: Timothy K. Large, Building Code Administrator Pennit File # 03-3548 EXHIBIT "D" S:\Development\BUILDING\Memos\Cash Bonds - 2005\Harbors (pool,cabana) 03-3548.doc Bank of America. ~~ Cashier's Check No. 4134056 To The Order IICITY OF BOYNTON 8EADH11 Of IUI Bank of ÂßJèriÇai NA San Áßtoìiîp;Tex;as, ' II- L. ~ 3 L. 0 5 b II- I: ~ ~L.OOOO ~91: o 0 ~ b L. ~ 0 0 20 b 2 II- -. "'_~LL!liIjìlJ~IB~iI'11.I_~.iII__I_'liæ!J~nl! >,~III, ¡HIIIBILlll !11f!IJI I -----------------------------~-------------------------------------------------- CITY OF BOYNTON BEACH 39030 Boynton Beach, Florida . 20~) ~ FOR $ ~--------~---------~--------------~----~--------~-------------------------~-------- . .. EXHIBIT "E" CENTEX HDMES Southeast Florida Division 8198 Jog Road, Suite 200 Boynton Beach, Florida 33437 City of Boynton Beach Building Department Phone: (561) 536-1000 124 E. Woolbright Road Fax: (561) 536-1060 Boynton Beach, FL 33435 www,CentexHomes.com Re: Pool! Cabana Area at The Harbors To Whom It May Concern: On The Harbors project, Brennan Engineering, Inc., is responsible for the Structural and Architectural improvements, as Land Design South, is responsible for the Landscaping and Irrigation improvements. At Centex Homes request they have inspected the project and summarized any incomplete items as they relate to a dollar value substantiated by existing contractual values. Please reference the attached signed and sealed documents to confinn their findings as shown below. In summary, the cost to complete The Harbors project as of March 17th, 2005, is as follows: Structural and Architectural - $80,000.00 Landscaping and Irrigation - $44.619.25 Total $124,619.25 Pursuant to the City of Boynton Beach requirements, the cash surety is 110% of the estimated 0 omplete the work. The cash surety as it relates to the above stated values ould be 137,081.18. Although at the time of Cent ex Homes' meeting with the Cit fBoynto each on March 10,2005, the value was estimated (by Centex) to be $ 6,849.00. erefore, the cash surety provided is $139,534.00, thus exceeding the current estim ed value. Attached: Letter - Brennan Engineering, Inc. Letter - Land Design South Check (#4134056) - Centex Homes EXHIBIT "F" BRENNAN ENGINEERING, INC. 1600 S. Dixie Hwy. Ste. 400, BOCA RATON, FL. 33432 Tel: (561) 392-3748 . Fax: (561) 391-0085 City of Boynton Beach Building Department Boynton Beach, FI. Re: Pool/Cabana Area at the Harbors Boynton Beach, FI. 33435 Builder: Centex Homes To Whom It May Concern: For the purpose of complying with section 106.1.3 of the Florida Building Code, our office inspected the pool/cabana area located adjacent to and east of Building #12 at the above referenced project to assess the amount of work completed relating to the specific items listed below. Based on the contractual amounts and estimated percentage of completion, the cost to complete the remaining work is as follows: 1. Pavers/pool deck $40,000.00 2. Pool $15,000.00 3. Deck and Cabana roof railing and Stairs $25,000.00 ----------- Total= $80,000.00 Pursuant to the code, the required cash surety is l100AJ of the estimated cost to complete the work. Therefore, the cash surety for the work listed above should be $88,000.00. As a precaution, a safety fence or other means to prevent access to these unfinished areas sha1l be in place prior to occupancy in Building #12. If you should have any questions or need any further information, please do not hesitate to contact us. STRUCTURAL ENGINEERING AND INSPECTIONS EXHIBIT "G" LAND. DESI G N Land Planning Landscape Architecture SOUTH Environmental Consultation March 22, 2005 Jeremy Rury Centex Homes 8198 Jog Road, Suite 200 Boynton Beach, FL 33437 Re: The Harbors Landscape Inspection Dear Jeremy, On Wednesday, March 16,2005, an on-site landscape inspection was done to review the installation to date and identify material and quantities yet to be installed. Landscape material has been installed over time as buildings have been completed and it is my understanding that through landscape inspections with the City of Boynton Beach, some substitutions and field adjustments were made. With this report, I am identifying the plant material yet to be installed and material which has been substituted. Northwest Comer of Site - North Federal Highway and Las Palmas I Royal Palm is yet to be planted adjacent to the signage wall I Roystonea elata - Florida Royal Palm Shrub planting needs to be installed at the newly constructed bus shelter. This planting consists of: 62 Zania Pumila - Florida Coontie 4 Crinum asiaticum - Crinum Lily 3 Tibouchina granulose - Purle Glory Tree 46 Ixora 'Nora Grant' - Nora Grant Ixora Alonf! the South Property Line 33 Ptychosperma elegans - Alexander Palm (single trunk) 33 Ilex Cassine - Dahoon Holly It is our understanding that this material was not planted due to space limitations and field/site conditions. PHgP 1 of? 2101 Centrepark West Drive, Suite 100 I West Palm Beach, Florida 33409 I 561-478-8501 FAX 561-478-5012 1100 St. Lucie West Blvd. Suite 103A I Port Sf. Lucie. Florida 34986 I 772-871-7778 FAX 772-871-9992 EXHIBIT "H" Along the North Property Line 24 Sabal palmetto - Sabal Palm 20 Quercus Virginiana - Live Oak This material is adjacent to an existing buffer consisting of a 6' concrete wall and ficus hedge to be utilized for buffering. Residence/Garage & Driveway Area 34 Cordia sebestena - Orange Geiger Tree These have been substituted with 34 Ptychosperma elegans - Alexander Palm All Building Paseo Areas 35 Liriope muscan 'variegata' - Variegated Liriope There were 7 plants at each of the 5 Paseo areas to be planted at the base of the Paurutis Palms. Due to the root ball, these ground cover were omitted. Building 12 and Pool Recreation Area 6 Cocos nucifera 'Maypan' - Maypan Coconut Palm 6 Sabal palmetto - Sabal Palm 3 Ptychosperma elegans - Alexander Palm 109 Allamanda nerifolia - Dwarf Alamanda 138 Tripsacum dactyloides - Fakahatchee Grass 90 Hamelia patens - Firebush 51 Psychotria nervosa - Wild Coffee 86 Schefflera arboricola 'Dwarf - Dwarf Arboricola 77 Vibumim adoratissimum 'A wabuki - A wabuki Virburnim 4 Crinum asiaticum - Crinum Lily 19 Strelitzia reginas - Orange Bird of Paradise 1 Strelitzia nicolai - White Bird of Paradise Planting has been ongoing on site and some of the material listed may have been installed since the inspection on March 16,2005. If I can be of any further assistance, please do not hesitate to contact our office. Sincerely, 1(f~ SOUTH LAND DESIGN SOUTH rod dl:y u.)~r Principal Robert A. Bentz, ASLA, AICP Principal BS/cm P:\389\389.53\Landscape\Rury Itr Harbors landscape inspect.doc Page 2 of2 EXHIBIT "H" ·4"""'.....,...._....'"'-,......._~þ"."'_"';¡.,>,..;,..."........'..i"""'."_...,...."'"j";".,,,...··,""_,~.,.,"'",.·.""".'"''*'..b.,¡;''·'_. .,.^ LAND. D ESI G N Land Planning Landscape Architecture SO UTH Environmental Consultation The Harbors - Landscape Inspection. Prepared for Centex Homes UNIT COST QUANTITY TOTAL COST Cost Estimate For Plant Materials Palms Cocos nucifera 'Maypan' $350.00 6 $2,100.00 Ptychosperma elegans (Single Trunk) $364.00 36 $13,104.00 Roystonea elata $369.00 1 $369.00 Sabal palmetto $104.00 30 $3,120.00 Trees Cordia sebestena $342.00 34 $11,628.00 lIex cassine $153.00 33 $5,049.00 Tibouchina granulosa $80.00 3 $240.00 Quercus virginiana $164.00 20 $3,280.00 Shrubs/Ground cover AJlamanda nerifolia $6.18 109 $673.62 Hamelia patens $6.18 90 $556.20 Ixora 'Nora Grant' $6.18 46 $284.28 liriope muscari 'Variegata' $1.90 35 $66.50 Psychotria nervosa $4.55 51 $232.05 Scheff/era arboricola 'Dwarf $6.65 86 $571.90 Tripsacum dactyloides $6.18 138 $852.84 Viburnum adoratissimum $6.18 77 $475.86 Zamia pumiJa $9.50 62 $589.00 Accents Crinum asiaticum $28.50 8 $228.00 Strelitzia reginas $59.95 19 $1,139.05 Strelitzia nicolai $59.95 1 $59.95 TOTAL COST $44,619.25 EXHIBIT "I" 2101 Centrepark West Drive. Suite 100 I West Palm Beach. Florida 334091 561-478-8501 FAX 561-478-5012 Page 1 1100 St, Lucie West Blvd,. Suite l03A I Port St. Lucie, Florida 34986 I 772-871-7778 FAX 772-871-9992 3/22/2005 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM H. 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 Citv Clerk's Office o August 2, 2005 July 18,2005 (Noon,) o October 5, 2005 September 19, 2005 (Noon) r8J August 16, 2005 August I, 2005 (Noon) o October 18,2005 October 3, 2005 (Noon) o September 6, 2005 August 15,2005 (Noon) o November I, 2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15,2005 October 31,2005 (Noon) ~. ; ---\ 0 Administrative 0 Development Plans .".-' -,,-~ r8J 0 --~} NATURE OF Consent Agenda New Business f',) AGENDA ITEM 0 0 ,-0 , Public Hearing Legal - -- ~ - _.,-~ 0 Bids 0 Unfinished Business _'J (--') --1 .- ~..~ -"" 1 ,__ 0 Announcement 0 Presentation -~...- .- -'.'....,JJ ,--,'i 0 City Manager's Report el1 (; '::> \.:.:J ¡-11" :x: RECOMMENDATION: Motion to approve reduction of surety covering the water and sewer systems for the project known as Sterling Records Phase 2, and refunding that portion of the cash surety in the amount of $41,828.74 to the developer, Sterling Real Estate LLC. EXPLANA TION: The water and sewer systems serving this project have been completed, and all documentation has been provided. 95% of the surety may now be refunded, and 5% of the original surety will be retained through the one-year warranty period as allowed by Code. PROGRAM IMP ACT: None FISCAL IMPACT: $41,828.74 ofthe currently held surety will be refunded to the developer. VES: None. ~ ., ~ "- - l(,/'\ .. J...,---,'" ..:;¿'-;;/:¿~/ ~/ ,,~ ,. Department~'Signature City Manager's Signature UTILITIES Department Name City Attorney I Finance I Human Resources Cc: Peter Mazzella (wi one copy of attachments) Mary Munro, Finance Dept. " City Attorney " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,OOC · Sterling Real Estate, LLC. · · 24 Bank Street · New Milford, CT 06776 · · Telephone (860) 350-0725 · Facsimile (860) 350-0743 · · Sterling Real Estate, L.L.C. July 21, 2005 /R}1i@~UW~@ Mr. Peter Mazella JUl 2 6 2005 Citfi of Boynton Beach Uti ities Department BOYNTON_UTILITIES 124 East W oodbright Road Boynton Beach, FL 33435 Re: Sterling Records Management Dear Mr. Mazella: Please accept this letter as a fonnal request to reduce the water & sewer bond to five percent. The balance should be returned to the owner, Sterling Real Estate, LLC as soon as possible. According to our records, we have paid $44,030.25 ($40,027.50 paid in January 2005 plus $4,002.75 paid in February 2005). Please forward a check in the amount of$41,828.74 payable to Sterling Real Estate, LLC to the above address. Also, please send us a copy of the recorded water and sewer easement for Phase II. Please feel ftee to contact me with any questions you may have. -- osen S erJing Real Estate, LLC C DElUXE n.l. ~' "TI 0 :n I: I en í I ~ I m I :D I I' c5 c "a z Z m "'eD :2:", G) 10 CD 0 s::"" -=w:D - r,! TI:Þm ' LTl ~~» '~ .0 en r- O:rlm 'C' -i rn en OQ O-i~ .. 3 ::i ~ » ::t;- ~ ~ n.J m n.J - r- - r- -ù (') n.J ,- CJ IP . . 10 r"" '"" , I~.. ~ 'U2J:'. ..§lL o ' - ~I~ U-J I I ~ I \ If', I I I I I 0> ~ EÞ .!, (J' '" ~ '" ~U .... (J' '" :.!.j ~ H' . ¡ I[ VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August2,2005 July 18, 2005 (Noon.) c=J October 5, 2005 September 19,2005 (Noon) ~ August 16,2005 August 1,2005 (Noon) c=J October 18, 2005 October 3, 2005 (Noon) c=J September 6, 2005 August 15,2005 (Noon) c=J November 1,2005 October 17,2005 (Noon) c=J September 20, 2005 September 6,2005 (Noon) c=J November 15, 2005 October 31,2005 (Noon) c=J Administrative c=J Development Plans NATURE OF ~ Consent Agenda c=J New Business AGENDA ITEM c=J Public Hearing c=J Legal c=J Bids c=J Unfinished Business c=J Announcement c=J Presentation c=J City Manager's Report RECOMMENDATION: Authorize the use of$] ,000 of Mayor Jerry Taylor's Community Investment Funds to the Service Corps of Retired Executives, known as SCORE. EXPLANA TION: Commission approval is requested for allocation of $1,000 to the organization known as SCORE for the purpose of providing scholarships to students, many of who are from minorities and would find paying the fee a hardship. The following criteria must be followed: . SCORE must disclose the name and address of the residents receiving the scholarship funds. . SCORE must disclose the process by which the resident was selected for the scholarship funds. PROGRAM IMPACT: Allocation offunds will assist in supplying scholarships to eligible residents. Funds will be available on a reimbursement basis. FISCAL IMP ACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL Ti TIVES, D,clin, to autho,;" th, requ,_ u,,~ Jl-~ ·If~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 08/01/05 Requested by Mayor/Commissioner: Mayor Jerry Taylor Amount Requested: $1,000 Recipient/Payee: SCORE Description of project, program, or activity to be funded: To provide scholarship funds to allow twelve (12) residents/students to attend the thirteen (13) week Small Business Seminar at the Boynton Beach High School. .../ !1~ /(~£ Dated: ~ -'{ ~ô Ó By: 'Î / v , Part II - Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $2,000 has been used to date by the requesting Member, leaving a balance of available funds of $8,000. This request would bring the available amount down to $7,000. Accordingly: n There are funds available as req~ .0 There are insufficient funds availati e r~ Dated: ~ By: Finance Director Part III - Eligibility Evaluation (to be completed by City Manager) GY The proposed expenditure of funds will not result in improvement to private property; I"J The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; I"f The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and 11 Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. 17 SCORE must disclose the name and address of the residents receiving the scholarship funds. 121' SCORE must disclose the process by which the resident was selected for the scholarship funds. Dated: ~',I 0' By i4J- - City Manager "~,~_.. "__"0"'-'" ,SCORE® Tel: (561) 981-5180 Fax: (561) 981-5391 www.score-chapter4l2.org Counselors to America s Small Business mail@score-chapter412.org ,th Palm Beach Score Chapter 412 . 7999 North Federal Highway· Suite 201 . Boca Raton, Florida 33487 ·r.' June 23,2005, _.or"t. I \''-;'~''. " The Honorable Jerry Taylor Mayor City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach Fl. 33435 Dear Sir, On behalf of the SCORE organization I would like to thank you for your time and consideration in supporting the SCORE effort in Boynton Beach. I know that the residents who will receive a scholarship to the Small Business Seminar at the Boynton Beach High school from the Commission ofa $1000 donation (12 students) will make a dramatic change in these lives! However, there are many more residents in the community that can benefit from this SCORE/412, 13 week seminar. We have made provision for 28 additional students many of whom are from minorities and would find $80 each a hardship. If given an opportunity they would be able to start a business and succeed and may become part of the "CRC" or an independent concern, in our town. Your reconsideration of an additional $2200 can make this miracle a reality. Join SCORE/412 and these town folk who deserve a chance. Won't you please be part of this activity and make a mark for helping those in need. Joining with your fellow Commissioners to find this small amount for Boynton Beach, they deserve it!!!! P~t know what additiomù help you can offer. // - ~ ~~~tJ ~ ~/' ,<," ,- <----P ul Mai~ s l' SCORE/41 Leader Our Mission: Provide professional guidance and infonnation, accessible to all, in order to maximize the success of existing and emerging small businesses in South Palm Beach County Sponsored by the US Small Business Association Affiliated with Lynn University and South Florida Manufacturers Association VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM J. AGENDA ITEM REQUEST FORlVI 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 D August 2, 2005 July 18,2005 (Noon,) D October 5, 2005 September 19,2005 (Noon) I:8J August 16, 2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon) D September 20, 2005 September 6,2005 (Noon) D November 15,2005 October 31,2005 (Noon) D Administrative D Development Plans NA TURE OF I:8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Authorize the use of $2,000 of Mayor Jerry Taylor's Community Investment Funds for the Head Start Program in the City of Boynton Beach EXPLANATION: Commission approval is requested for allocation of community investment funds to the Boynton Beach Head Start program to be used as needed to facilitate on-going programs and activities. PROGRAM IMP ACT: Allocation of funds will assist these programs and organization. FISCAL IMP ACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. ALTZVES' D,clin, tn anthorizo th, «qu'st,d u",~ ~ ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 08/01/05 Requested by Mayor/Commissioner: Mayor Jerry Taylor Amount Requested: $2,000 Recipient/Payee: Boynton Beach Head Start Description of project, program, or activity to be funded: To be used as needed to facilitate the on-going programs and activities at the Head Start Center in the City of Boynton Beach. aM? Dated: '{" 'i-of( By: 71£-- £ ~ ~ / Part II - Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $3,000 has been used to date by the requesting Member, leaving a balance of available funds of $7,000. This request would bring the available amount down to $5,000. Accordingly: '" There are funds available as reque ted. o There are insufficient funds avail~B e a1 reque / ~ _4" VI Dated: 8 9 0 S By: I I Finance Part III - Eligibility Evaluation (to be completed by City Manager) e( The proposed expenditure of funds will not result in improvement to private property; 1"f The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; rf The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and LÍ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. B"'" If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits. Dated: ';')11/0\ BY:~~ City Manager ''''''-~-------~'''''.'--''''''''''"""",,,,.~.,.., VI.-CONSENT AGENDA ITEM K. 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 , -" July 18,2005 (Noon,) o October 5, 2005 September 19, 2005 (Noon) .. August 2, 2005 j&] August 16, 2005 August 1,2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) o September 6, 2005 August 15,2005 (Noon) o November I, 2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15, 2005 October 31,2005 (Noon) 0 Adnùnistrative 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 accept the written report to Commission of purchases over $10,000 for the month of July 2005. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager" . PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. AL TERNATIVES: Revert back to the old bid threshold of $10,000.00. ~~ FIN /-1N'c. £ ,I P!2ccu 12£ff)P:Ñ/ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED JUL Y 2005 1. Vendor: RDK Truck Sales & Service Purchase Amount: $ 16,400.00 Requesting Department: Public Works/Fleet Contact Person: Tim Calhoun Brief Description of Purchase: Rental of roll-off truck (3 months) to temporarily replace vehicle damaged in an accident. Source for Purchase: Sole Source Fund Source: 501-2516-519-46-31 Vehicle Maintenance 2. Vendor: Driveway Maintenance Inc. Purchase Amount: $ 12,006.25 Requesting Department: Public Works/Engineering Contact Person: George Mantell Brief Description of Purchase: Thermoplastic Striping of SW Congress Boulevard, Leisureville Boulevard, Ocean Drive, and SW 30th Avenue. Source for Purchase: Piggy-Back/FAU Bid #DPE92 Fund Source: 001-2512-541-302-4905-580-( CIP/Street Improvements 3. Vendor: Gus's Window and Door Repair, Inc. Purchase Amount: $ 21,875.0l Requesting Department: Public Works/Engineering Contact Person: George Mantell Brief Description of Purchase: Replacement of twelve (12) wooden window sashes in the 1913 Schoolhouse Museum. Source for Purchase: Three Written Quotes Fund Source: 302-4101-580-99-03 CIPNarious Small Projects 4. Vendor: Preventative Maintenance Support Services Purchase Amount: $ 15,994.43 Requesting Department: Public Works/Facilities Mgmt Contact Person: Paula LeBlanc Brief Description of Purchase: Repair Animal Control roof due to hurricane damage. Source for Purchase: Piggy-Back/Martin Co #AJR 03-0283 Fund Source: 001-1211-512-52-97 Hurricane Jeanne 5. Vendor: Otto Waste Systems Purchase Amount: $ 20,168.96 Requesting Department: Public Works/Solid Waste Contact Person: Larry Quinn Brief Description of Purchase: Purchase of 448 garbage carts (95 gallon). Bid contractor has voided contract due to price increases. Source for Purchase: Three Written Quotes Fund Source: 431-2515-534-52-74 Recyclina/Container Suppl The purchases presented in this written report were approved in accordance with the provisions of Ordinance 001-66, 1 of 2 ""'______"'__'.._,'~_"__.""''"'_,.._-,.,-''"''.,''''".,.,' Chapter 2, Section 2~56, 1, and are Q bein~ Commission as required~ ::;ity Manager Approval: \M.k- o - Date: o-7-0\.. Presented to Commission for information on August 16, 2005 20f2 XI. - NEW BUSINESS CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORl\'l 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 D August 2, 2005 July 18,2005 (Noon,) D October 5, 2005 September 19,2005 (Noon) ~ August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) D September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17, 2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 31,2005 (Noon) '- -) -- ~-~-:~ --~ , ~-< D Administrative D Development Plans (-~ --¡,---,- NATURE OF D Consent Agenda ~ New Business C0 rJ ~-) AGENDA ITEM D Public Hearing D Legal f'0 .- -...- :, ····-_T -- D Bids D Unfinished Business ::::~ - ~-"'" ~. "'1- --.__ D Announcement D Presentation c' -.-, -r¡w D City Manager's Report .,¡,.. -ïi1 oJ> c') ¡'in RECOMMENDATION: Commissioner Ensler is requesting that the City Commission approve the allocation of$5,000 of Community Investment Funds for design work associated with a proposed memorial structure to be installed on public property or public right of way. In addition, Commissioner Ensler is requesting that the City Commission consider appropriating $30,000 to the CIP Fund for the construction of the actual memorial to honor those Boynton Beach military personnel who lost their lives during combat. A tentative site has been recommended by the Veteran's Organization to be the intersection circle of NW 6th St., SW 6th St. and Ocean Drive Gust west of 1-95). However, this location has not been finalized and it is recommended that the new Veteran's Advisory Council, when formed make the final recommendation to the City Commission. EXPLANATION: Commissioner Ensler has been working with the Veterans' Organizations to erect a Veterans' Eternal Flame to honor the military personnel who have lost their lives during combat. The memorial would be similar to the one that was put up in Tamarac, Florida (copy attached). Commissioner Ensler is requesting that the City Commission first approve the project and second approve the funding for this project by appropriating $30,000 from the CIP Fund. The veterans have around $2,000 to contribute to the project. If approved, the Arts Commission will work with the Veterans in obtaining an artist to design the memorial. The purchase order for the design and permitting would not be completed until there is a firm construction price. PROGRAM IMP ACT: Allocation of funds would assist in establishing this project. FISCAL IMP ACT: Funds are budgeted and available in Commissioner Ensler's Community Investment Account. Additional funds would need to be appropriated in the 2005-06 Capital Improvement Budget. ALTERN A iVES: Decline to authorize the requested expenditures. .¿~ Department Head's Signature City Manager's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: July 28,2005 Requested by Mayor/Commissioner: Commissioner Ensler Amount Requested: $5,000 Recipient/Payee: Unknown at this time Description of project, program, or activity to be funded: Design and permitting for construction of a Veterans Eternal Flame /7 ! ,/ BY71ß'-- / ~ Dated: /-c:; -6.) Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $4,500 has been used to date by the requesting Member, leaving a balance of available funds of $5,500. This request would bring the available amount down to $500. Accordingly: 0 There are funds available as reques d 0 There are insufficient funds available s Dated: 7 bg!o-š By: I / Part 111- Eligibility Evaluation (to be completed by City Manager) 0 The proposed expenditure of funds will not result in improvement to private property; 0 The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and 0 Proper safeguards are being implemented to assure that the public funds being Dated: appropriated will be used for the sta~orpose~ b-,-öç By: J~ ity Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ensler - Veterans Eternal Flame,doc, 7/28/2005 j ~-~- l . ~ -=-~,~~ -- ã) ~ - 2 ~ -~ ------ ~ 0 - --------------- 0 N ~ II ,!:; ~ .- = CO CD s-. « CD - () s-. -- 0 ] ---"'-.., + XII. - LEGAL ITEM A.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 D August 2, 2005 July 18. 2005 (Noon.) D October 5, 2005 September ]9, 2005 (Noon) ~ August ]6,2005 August], 2005 (Noon) D October 18. 2005 October 3, 2005 (Noon) D September 6, 2005 August ]5,2005 (Noon) D November], 2005 October ]7,2005 (Noon) D September 20, 2005 September 6. 2005 (Noon) D November 15, 2005 October 3], 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing ~ Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the August 16, 2005 City Commission Agenda under Legal, Ordinance Second Reading. The applicant requested the tabling of this item from the August 2nd meeting to the August 16, 2005 meeting. The City Commission approved the subject request under Public Hearing and Legal, Ordinance - First Reading on July 19, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-109. EXPLANATION: PROJECT: Gerrity Rezoning (REZN 05-004) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Bill Gerrity, Inc. LOCATION: NE 8th A venue at NW 10th Street DESCRIPTION: Request to rezone 2.54 acres from R -1- AA Single Family Residential to R -1- A Single Family Residential (Future Land Use classifIcation to remain Low Density Residential (LDR» for the ultimate development of 10 single family residential lots. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ Develop ctor City Manager's Signature LJ) ~!a!- City Attorney / Finance / Hwnan Resources Planning and Zo g DIrector S:\P]anningISHARED\WP\PROJECTSlSky]ake\REZN 05-oo4\Agenda Item Request Gerrity Rezoning REZN 05004 8-]6-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 05- 040 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF BILL GERRITY, INC., TO 6 REZONE A PARCEL OF LAND, AMENDING 7 ORDINANCE 02-013 TO REZONE A PARCEL OF 8 LAND LOCATED ON NORTHWEST 8TH COURT 9 NORTH OF OLD BOYNTON ROAD AND EAST OF 10 CONGRESS A VENUE, BOYNTON BEACH, 11 FLORIDA, AS MORE FULLY DESCRIBED HEREIN, 12 FROM R-1-AA SINGLE FAMILY RESIDENTIAL TO 13 R-1-A SINGLE F AMIL Y RESIDENTIAL; 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 18 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 19 \VHEREAS, Bill Gerrity, Inc., owner of the property located on Northwest 8th Court, 20 north of Old Boynton Road and east of Congress A venue in Boynton Beach, Florida, as more 21 particularly described herein, has filed a Petition, through its agent, pursuant to Section 9 of 22 Appendix A-Zoning, of the Code of Ordinances, City of BOynton Beach, Florida, for the 23 purpose of rezoning a parcel of land, said land being more particularly described hereinafter, 24 from R-l-AA Single Family Residential to R-I-A Single Family Residential; and 25 WHEREAS, the City Commission conducted a public hearing and heard testimony 26 and received evidence which the Commission finds supports a rezoning for the property 27 hereinafter described; and 28 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 29 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF S:\CA \Ordinances\PJanning\Rczoning\Rezoning - Gerrity,doc 1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The foregoing Whereas clauses are true and correct and incorporated 3 herein by this reference. 4 Section 2. The following described land, located on Northwest 8th Court, north of 5 Old Boynton Road and east of Congress A venue in the City of Boynton Beach, Florida, as set 6 forth as foHows: 7 TRACT 19 OF SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 8 45 SOUTH OF RANGE 43 EAST, ACCORDING TO THE PLAT 9 THEREOF AS RECORDED IN PLAT BOOK 7, PAGE(S) 20, OF THE 10 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 11 12 13 be and the same is hereby rezoned from R-1-AA Single Family Residential to R-1-A Single 14 Family Residential. A location map is attached hereto as Exhibit "A" and made a part of this 15 Ordinance by reference. 16 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 17 accordingly. 18 Section 4. AH ordinances or parts of ordinances in conflict herewith are hereby 19 repealed. 20 Section 5. Should any section or provision of this Ordinance or any portion thereof be 21 declared by a court of competent jurisdiction to be invalid, such decision shaH not affect the 22 remainder of this Ordinance. 23 Section 6. This ordinance shaH become effective immediately upon passage. 24 FIRST READING this ~ day of Ju. (y ,2005. 25 26 S:\CA \Ordinances\Planning\Rezoning\Rezoning - Gerrity,doc 1 SECOND, FINAL READING and PASSAGE this ~ day of A~",~T , 2005. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 ATTEST: Commissioner 18 19 20 City Clerk 21 22 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Gerrity,doc CITY OF BOYNTON BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Kurt Bressner, City Manager FROM: David N, Tolees, City Attom~ DATE: August 8, 2005 RE: Gerrity rezoning We have reviewed the rezoning request for the above-referenced matter. Based upon our review of the staff report and discussion with City staff, while it is a unique request, the rezoning is consistent with the City's Comprehensive Plan and Land Development Regulations. If you have any other questions, please do not hesitate to contact me. DNT flms S:\CA \MEMORANDUM\Bressner - Gerrity rezone,doc DEVELOPMENT DEPARTMENT PLANNING It ZONING DMSION MEMORANDUM NO. PZ 05-109 TO: Chair and Members Planning and Development Board and Mayor and City Commission FROM: Dick Hudson, AICP~ Senior Planner ~ THROUGH: Michael W. Rum~Q Director of Planning and Zoning DATE: June 15, 2005 PROJECT NAME/NUMBER: Gerrity Rezoning (Sky Lake) REZN 05-004 REQUEST: Rezone the property from R-1-AA to R-1-A in order to subdivide the parcel consistent with abutting residential development PROJECT DESCRIPTION Property Owner: Bill Gerrity, Inc. Applicant! Agent: Bill Gerrity, Inc./Miller Land Planning Consultants, Inc. Location: On NW 8th Court north of Old Boynton Road and east of Congress Avenue (Exhibit "A'') Parcel Size: 2.54 acres Existing Land Use: low Density Residential (LDR) Existing Zoning: R-l-AA Single Family Residential Proposed Land Use: No change Proposed Zoning: R-1-A Single Family Residential Proposed Use: 10 single family lots Adjacent Uses: The property is surrounded by single family residential development designated Low Density Residential (lDR) and zoned R -1-AA-Single Family Residential. ",,,.,,,,,,,",,,,,,,,,,,,,,~---,,,=~"',,,,"~,,,.,,,,,,-;,,>,,-.,""""-"" " Page 2 Ale Number: REZN 05-004 Gerrity (Sky lake) Rezoning EXECunvE SUMMARY Staff recommends approval of, the requested land use amendment and rezoning for the following reasons: 1. The requested rezoning meets the criteria required for review found in the Land Development Regulations; 2. The rezoning is reasonably compatible with adjacent development and will provide additional single family homes to the market; however, 3. Approval should be conditioned on dedication of additional rights-of-way to ensure that abutting streets meet the minimum City standards. PROJECT ANALYSIS The parcel, which is the subject of this rezoning, totals 2.54 acres. Since the property is designated Low Density Residential, no change to the land use designation is required; therefore, a review by the Aorida Department of Community Affairs is not required. The criteria used to review both Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings and are required to be part of a staff analysis. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies Induding but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hunicane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Gtýs fisk 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 property is not located in the hurricane evacuation zone; therefore the first part of the criterion is not applicable. Policy 1.17.5 of the land Use Element reads: "The aty shall continue to maintain and improve the character of existing slngle- family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses. . . n .To the northeast and east of the subject property, lot widths In the Laurel Hills 5th addition were originally platted In 1951, with 50-foot widths. Lots In the Glen Arbor subdivision, the abutting property to the south, were platted In 1959, with widths averaging 65 feet. Both of these are inconsistent with todaýs regulations for property in the R-l-AA zoning district:, which require a minimum lot frontage of 75 feet. For other surrounding property, platted more recently and Page 3 File Number: REZN 05-004 Gerrity (Sky Lake) Rezoning after subdivision regulations required an increase in lot sizes, properties have widths more consistent with the present requirements of the R-l-AA regulations. The proposed development of the subject parcel, with 10 lots each having 64 -foot frontage, will be consistent with surrounding development, and specifically with the abutting residential development to the south, where the property was platted with lot frontages ranging from 62 feet to 65 feet. It should be noted that the Land Development Regulations (Chapter 6-Required Improvements) require a minimum 50-foot right-of-way width for local streets in subdivisions and states, "The new subdivision shall provide for the incorporation and compatible development of present and future streets. . ." The survey for the subject property shows platted rights-of-way of only 30 feet; therefore, staff recommends a dedication of additional rights-of-way for the three street segments abutting the subject property. 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 distri~ or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would apparently create an isolated district, which could be viewed as "spot zoning"; however, the present single family residential zoning district and the requested single family residential zoning district differ in minimum lot size (8,000 square feet as opposed to 7,500 square feet). Front and rear setback requirements are the same for each district, side setback requirement are 2-1/2 feet less, and minimum living area requirements are 250 square feet less for the R-I-A district; however, these should have minimum to no impacts on the neighborhood. As discussed above, the resulting residential lots would relate to the abutting - lands to the south, which have an average lot frontage of 65 feet. Granting this request would not constitute a grant of special privilege to an individual property owner. c. Whether changed or changing conditions make the proposed rezoning desirable. The changes to the land development regulations, requiring greater lot frontage for property developed under the R-l-AA zoning, have made some of the adjacent properties, which were developed prior to adoption of the present code, nonconforming. The applicant is proposing to develop the subject property in a pattern similar to these adjacent properties. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. At the current density, the property could be developed for 8 single family homes; the requested density would allow for an additional 2 single family residences for a total of 10. The Increase of 2 units will have place minimal demands on the water and sewer systems. The applicant has stated that the traffic Impacts from the proposed development will add 1,000 trips per day (based on 10 trips per day for the use) but only 20 more than if developed under the present zoning. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10- Page 4 File Number: REZN 05-004 Gerrity (Sky Lake) Rezoning year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties¡ or would affect the property values of adjacent or nearby properties. As discussed earlier under Items "a" and "b", the proposed rezoning would be compatible with adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. Under the present R-1-AA zoning the property could be subdivided into 8 lots; whereas, under the requested R-l-A zoning, it could be subdivided into 10 lots. In either case, there would be sufficient land remaining to increase the right-of-way widths for the abutting substandard streets. 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. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum potential service needs generated by the proposed project. The proposed density is consistent with that allowed by the land use designation, and while it is slightly higher than that of the single-family residential property to the north, it is similar to that of the adjacent developed property to the south. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. While over 340 small scattered vacant residential lots exist throughout the city (a total of 72 acres), there are only three properties designated for low density residential development, including the subject site, which are greater than 2 acres in size. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved with the condition that additional rights-of-way be provided to widen Page 5 File Number: REZN 05-004 Gerrity (Sky Lake) Rezoning adjacent streets to meet minimum City standards. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS J:\SHRDATA\Plannlr¡g\HUDSON\COMP PUlN PROCESS\5TAFF REPORT NEW,doc LOCATION MAP Gerrity Property Exhibit A REZN 05-004 - - = - t- ~ Z - t ~ & ~~ - X t- ~ t- 0 z o ... ¡ I ~ - - i,~::';",·iC;J i ~ "I/' ;'8.:illri NW 10TH AVE = :::t I I NW':;HWAY ~ / ~ ~ ~"" ~ ~ ~ V I ----., z - ~ ./ e-- ~ NW 8TH AVE /' - t -¡: o / z -¡ ~ !--- -- - I t; ./ ~ NW 6TH AVE ~ +~; V I / #[52 ~ \~~~~vy OLDBOYHTOH AD ~ Y ~~ >-- IIII~~ N 300 150 0 300 Feet Â EXHIBIT "B" Conditions of Approval Project name: Gerrity Rezoning File number: REZN 05-004 Reference : Rezoning application prepared by Miller Land Planning Consultants, Inc. I DEPARTMENTS I INCLUDE I REJECT I I PLANNING AND ZONING I i I 1. Provide additional rights-of-way, easements and related X improvements as required by the Engineering Department for NW 10th Street, NW 8th Court, and the unnamed street (NW 9th Avenue) on the north; and provide a utility easement (if required) along the south property line. ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS 1. To be determined. ADDmONAL CTIY COMMISSION CONDTIlONS 1. To be determined. DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 05-097 TO: Kurt Bressner City Manager FROM: H~ David Kelley, k, PE/PSM~~- City Engineer DATE: August 8, 2005 REF: City Commission Agenda Scheduled for 8/16/05 SUBJECT: Proposed Ordinance #05-040 Rezoning of 2.54 Acres N.W. 9th Avenue Area JeffTey Livergood, PE, Director ofthe Public Works Department, asked me to respond to you on the above noted matter. Please be advised that no development plan for this vacant tract has been submitted for review and approval at this time. However, the proposed zoning change of this vacant tract to allow for development of single family lots is located in the drainage basin that is served by the recent stonnwater improvements installed in the Costa Bella subdivision area. Therefore, the issue of stonnwater runoff will have to follow the conditions ofthat SFWMD pennit issued for those improvements. We have advised the developer that it is our intent to pay particularly close attention to stonnwater design ofthis project to ensure no negative impacts to adjacent properties. Water and sewage utilities are available to this area, therefore support utilities to service the new dwelling should not be a problem. If you have any questions regarding this matter, please advise me at x6488. HDK/ck xc: Jim Cherof, City Attorney Jeff Livergood, PE, Director of Public Works Peter Mazzella, Deputy Utility Director File RECEIVED r:: 9 2005 S:\Engineering\Kribs\NW 9th Ave, rezoning of2,54 acres - Proposed Ord, 05-o40,doc CI1Y Mf'NAGER'S OFFICE XII. - LEGAL ITEM A.2 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 D August 2, 2005 July 18,2005 (Noon,) D October 5, 2005 September 19, 2005 (Noon) [g August 16, 2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) D September 6, 2005 August IS, 2005 (Noon) D November 1,2005 October 17, 2005 (Noon) D September 20. 2005 September 6, 2005 (Noon) D November 15, 2005 October 31, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing [g Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the August 16,2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal, Ordinance - First Reading on August 2,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-092. EXPLANATION: PROJECT: Condominium Hotels in Mixed Use Districts (CDRV 05-013) AGENT: Staff-initiated LOCATION: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) zoning districts DESCRIPTION: Request to amend the Land Development Regulations, Chapter 2, Section 6.F. Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the defInitions of "Hotel" and "Hotel, Extended Stay" to include condominium hotel units. PROGRAM IMPACT: FISCAL IMP ACT: ~ ALTERNATIVES: Develo City Manager's Signature ld~- City Attorney / Finance / Hwnan Resources Planning and Zo DIrector S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-013 Condo Hotels\Agenda Item Request Condominium Hotels in MU Dist 2nd readingCDRV 05-013 8-16-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05- 043 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 6.F. 6 MIXED USE ZONING DISTRICTS TO ADD "HOTEL, 7 EXTENDED STAY" AS PERMITTED AND 8 CONDITIONAL USES AND AMEND THE DEFINITIONS 9 FOR "HOTEL" AND "HOTEL, EXTENDED ST A Y"; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, the Land Development Regulations of the City of Boynton Beach 14 provide for the Mixed Use-High Intensity and Mixed Use-Low Intensity zoning districts; and 15 WHEREAS, both "hotel" and "boutique hotel" are included as allowable uses in the 16 Mixed Use High zoning district; and 17 WHEREAS, definitions for both "hotel" and "boutique hotel", as well as a definition 18 for "hotel, extended stay" are included in the definition section for the Mixed Use District as 19 provided in the City's Land Development Regulations; and 20 WHEREAS, although "hotel, extended stay" is included in the definition section, 21 "hotel, extended stay" is not listed in the Schedule of Pennitted, Principal, Accessory and 22 Conditional Uses (Table 6.F.I); and 23 WHEREAS, the City Commission, upon recommendation of staff, and the 24 Community Redevelopment Agency, desires to amend the Land Development Regulations of 25 the City of Boynton Beach to provide amendments regarding the Mixed Use-High Intensity 26 (MU-H) and Mixed Use-Low Intensity (MU-L) zoning categories to provide for the inclusion 27 of "hotel, extended stay" as an authorized use, and to amend the definitions of hotel and hotel, 28 extended stay within the Mixed Use District; 29 WHEREAS, the City Commission finds that the amendments contained in this 30 ordinance are in the best interest of the health safety and welfare of the residents and citizens 31 of the City of Boynton Beach. 32 NO'" THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 33 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The fóregoing whereas clause is true and correct and is now ratified and S:\CAIOrdinances\LOR Changes\Amdending LOR· Chapter 2,- 6,F (Hotel extended stay),doc 1 confinned by the City Commission. 2 Section 2. Chapter 2. "Zoning" , Section 6.F. of the Land Development 3 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 4 the words and figures in underlined type, and by deleting the words and figures in struck- 5 through type, as follows: 6 Chapter 2, Section 6.F. Mixed Use Zoning Districts 7 8 TABLE 6F-l 9 I SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES I 10 USE GROUPIUSE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Boutique Hotel N C6 Hotel C p Hotel Extended Stav C p Home Occupation P p 11 12 16. Definitions. The following are supplement definitions applicable only to the Mixed 13 Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in 14 case of conflict. 15 . . . 16 17 Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency units or 18 suites designed for the temporary lodging of transient guests rented on a daily basis and occupied .by 19 the same occupant for less than thirty (30) consecutive days. Ancillary facilities may include 20 conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting 21 rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior 22 court which is within a secured area. The hotel rooms may be under single ownership or may be 23 owned individually. provided all rooms are under single management. which provides for central 24 reservations and maid services. and receipt and disbursement of keys and mail by the attendant at the 25 desk in the lobby or office. No hotel unit shall be converted to or used as a multifamily dwelling 26 without the prior approval of the City Commission and compliance with all applicable land 27 development regulations and the comprehensive plan. 28 29 Hotel, Boutique: A small luxury hotel containing ten (10) to twenty (20) guest rooms. Meal service 30 is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room 31 service may also be provided. 32 Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 33 5% of its rooms are oeeupied for at least thirty (30) days and no more than one hundred and eighty 34 (180) days. where no room is occupied for more than one hundred and eighty (180) days in a calendar 35 year by the same occupant. The hotel rooms may be under single ownership or may be owned 36 individually. provided all rooms are under single management. which provides for central reservations 37 and maid services, and receipt and disbursement of keys and mail by the attendant at the desk in the S.\CA\Ordinances\LDR Changes\Amdending LDR - Chapter 2.- 6,F. (Hotel extended stay).doc 1 lobby or office. Comphance with the length of stay hmitation in this paragraph shall be certified by 2 affidavit of the hcensee at the time of issuance and renewal of the applicable City occupational 3 license. Management shall maintain a guest register for each twelve (12) month period foJlowing 4 issuance and renewal of the occupational hcense that shall be available for inspection by the City, 5 upon written request, for a minimum of twelve (12) months foJlowing the close of the prior twelve 6 month period. No extended stay hotel unit shaJl be converted to or used as a multifamily dwelhng 7 without the prior approval of the City Commission and compJiance with all applicable land 8 development regulations and the comprehensive plan. 9 10 Section 3. Each and every other provision of the Land Development Regulations I} not herein specifically amended, shaH remain in fuH force and effect as originally adopted. 12 Section 4. AH laws and ordinances applying to the City of Boynton Beach in 13 conflict with any provisions ofthis ordinance are hereby repealed. 14 Section 5. Should any section or provision of this Ordinance or any portion 15 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not ]6 affect the remainder of this Ordinance. 17 Section 6. Authority is hereby given to codify this Ordinance. 18 Section 7. This Ordinance shall become effective immediately. 19 FIRST READING this ~ day of August, 2005. 20 SECOND, FINAL READING AND PASSAGE this _ day of 21 August, 2005. 22 CITY OF BOYNTON BEACH, FLORIDA 23 24 25 Mayor 26 27 28 Vice Mayor 29 30 3] Commissioner 32 33 34 Commissioner 35 36 37 Commissioner 38 ATTEST: 39 40 City Clerk S:\CA\Ordinances\LDR Changes\Amdending LDR - Chapter 2.- 6,f, (Hotel extended siay).doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-092 TO: Chairman and Members Planning and Development Board FROM Dick Hudson, AICP ~ Senior Planner THROUGH: Michael w. Rump;t\V\V' Director of Planning and Zoning DATE: May 27, 2005 SUBJECT: Condominium Hotels in Mixed Use districts CDRV 05-013 NATURE OF REOUEST Staff is proposing an amendment to the Land Development Regulations, Chapter 2, Section 6.F. Mixed Use Zoning Districts to add "Hotel, Extended Staý' as a permitted use in the Mixed Use- High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel, Extended Stay" to include condominium hotel units. BACKGROUND The development regulations for the Mixed Use-High Intensity/Mixed Use-Low Intensity zoning districts currently list both "Hotel" and "Boutique Hotel" as permitted uses in the MU-H district. Definitions are provided for both of these uses, as well as a definition for "Hotel, Extended Stay", although "Hotel, Extended Stay" is not listed in the "Schedule of Permitted, Principal, Accessory And Conditional Uses" (Table 6.F.l). Recent pre-application conferences with prospective developers, as well as professional conferences staff members have attended indicate that condominium hotels are becoming a major component in the hospitality market in South Florida and in other vacation markets (see attached article, Exhibit A). Additionally, one development recently approved In the City has marketed hotel units as "Condominium Hotel units". Staff foresees additional requests for the use and therefore is proposing the code review. ANALYSIS Due to the difficulty in obtaining conventional financing for hotel projects in recent years, the "condominium hotel" or "condo hotel" has a become a popular product in the hotel industry. A condo hotel is essentially a hotel where the individual rooms are owned by separate owners, as opposed to having the entire block of rooms owned by a single hotel owner/operator. Since the individual rooms are sold to separate owners, the overall condo hotel project can be financed more like a residential condominium project, rather than a hotel, which has led to a surge In their popularity among hotel developers In recent years. Page 2 CDRV 05-013 Condominium Hotels in Mixed Use Districts From an operational and appearance standpoint, a condo hotel essentially looks and functions like any other hotel, with a management company in place to operate the facility and make provisions for such things as a central reservation system, maid service, maintenance, etc. Typically, all units are furnished the same for consistency purposes such that a hotel guest would not be able to tell from outward appearance that the rooms were owned individually. Since condo hotels are a relatively new concept that are likely to continue to grow in popularity, many local governments in South Florida are now revisiting their land development regulations and making revisions as necessary to address the attributes of such projects and to ensure that the facilities truly operate as hotels and not residential developments. For example, since the condo hotel rooms are owned by individual owners who may choose to occupy the hotel room at some time during the year, local governments are putting maximum length of stay limitations in their code to ensure that individual owners do not take up permanent residence in the units. The State of Florida defines ''transient lodgings", which includes hotels, as "lodgings rented or leased to a specific party for a period of up to six months" and permits counties to levy a Tourist Development Tax (hotel bed tax) on them. Staff opines that limiting an individual's stay to "not more than 180 days in a calendar year" will provide that assurance. Since a condo hotel would likely take the form of an "extended stay hotel," City staff is recommending that the aty Commission amend the City's definition of "extended stay hotel" as described below to address the attributes of the condo hotel and place appropriate limitations and requirements on such use. In addition, staff is recommending that the City Commission amend the permitted uses table for the "Mixed Use-High" zoning district to make it clear that "extended stay hotels", which would be the likely category to accommodate a condo hotel, are permitted in that district. The development of condo hotels is likely to be in conjunction with a mixed use project, which may include residential units; staff needs to also ensure that maximum allowable densities will not be exceeded. This would only become a problem if, at some future date, there was a request to convert hotel units to multi-family dwellings. The code amendments staff Is recommending are attached (Exhibit B). RECOMMENDATION It is staff's opinion that the proposed amendments to the Mixed Use zoning district regulations are the minimum necessary to achieve the desired results; therefore staff recommends that the proposed amendments be carried forward to the Community Redevelopment Agency Board for their review and comments. Exhibits S:\PlANNING\SHARED\WP\SPECPROJ\CODE REVlEW\CDRV 05-013 CONDO HOTELS\STAFF REPORT. DOC þ.~-"""""i·___'1"· ~ .. .: ....¡,;""'..__~._.___............."',.""">_,_,." EXHIBIT A Condo Hotel Trends - A Look at the Big Picture in Vacation Home Ownership By Joel Greene rCoñdOhotëïš- are onëof the h-ottest products iñ-fõdaÿ's -real ëstä"të-·ïïïãrkët." New..i;r:õp·ëitÎeš·arë..·..-·-l cropping up in different parts of the country and new buyers are entering the market daily. ¡ I Things have been moving so quickly in terms of condo hotels, but sometimes it's worth taking a ¡ I moment to step back and look at the big picture. ! i ! i Condo Hotels In General: There is a spreading enthusiasm about the condo hotel concept. ¡ I More people are recognizing its potential and therefore creating demand for more inventory. I f î ¡ Condo Hotel Buyers: The average buyer is 35-50 years old. Buyers for Florida properties, ¡ ! where condo hotels are most prevalent, come from all over the U.S. On the international front, ¡ most foreign buyers interested in U.S. property are from South America and Europe. I ! f ! The vast majority of buyers want condo hotel units primarily as investments and are focused on ¡ i the potential for appreciation with the side benefit of hassle-free ownership. They see the ability ! ¡ to actually use their condo hotel unit as a vacation home as important but secondary to their I ! goal of investment diversification. ¡ I ¡ ! Condo Hotel Market: Virtually every single property that has come on the market to date has ! ! sold out in pre-construction. Most of these properties are mega high-rise buildings with on ! ! average 200-500 units, and with some in excess of 1,000 units. ¡ ! f I The speed with which these properties sell out is often as surprising to buyers as it is to the I ¡ developers themselves. For example, the MGM Grand in Las Vegas, a 576-unit condo hotel, was ¡ I expected to sell out in two years. It sold out in two months! The Platinum, a 255-unit property in ¡ I Las Vegas, also sold out in just a matter of a couple months. I I Hot Areas: South Florida continues to be an extremely popular area and one that has shown ¡ i strong and steady appreciation. As already mentioned, the condo hotel trend which began in ! I South Florida has now spread out west. Las Vegas is leading the pack with many new condo and I ¡ condo hotel developments in all price ranges being built. ¡ i ! i i I Growth in Florida: Looking at South Florida, it's easy to see what is happening. Miami Beach, i the hottest area, is all built up. There just isn't any undeveloped land. That's causing a couple of I I things to happen. Developers are heading to the northern end of Miami Beach (North Beach) and! areas still further north such as to Sunny Isles and Ft. Lauderdale. ! I A new trend Is developers buying existing structures In Miami Beach and either upgrading them, I I as in the case of The Mimosa which was the former Brazil Motel, or knocking them down and ¡ I, starting over, as in the case of One Bal Harbour in which a multi-family, high-rise building I I (Harbour House) was demolished and a five-star condo hotel built In its place. I I i Finally, some properties are beginning to crop up Inland. These condo hotels may not have , I oceanfront views; however, they're within a few short blocks of a beach. Because they're not on I the ocean these properties tend to_be priced more economically. _ _J ¡.........................-..........-.-................................................---.......................-..............-.........-.......--.--......--........................-.......-..............-..............................-.......................................................................} : i ! ! i I Properties: The most popular properties continue to be those with a franchise name, one that ¡ I brings a reputation for four- to five-star quality or a name that is already well-known. A prime I ¡ example is Canyon Ranch Living in Miami Beach. People recognize the Canyon Ranch name and ! ¡ feel confident that this property will be of the same five-star caliber as its Arizona counterpart. ofl I course, it doesn't hurt that this property will have a 60,000 sq. ft. rooftop spa and fitness center. ! . , ~ ! ¡ : I The Selling Process: A lot of properties take reservations of more than half the total project i I long before they've even prepared their purchase contracts. This means that many of the best I ¡ units are reserved months before any money changes hands and often before even the first ¡ I spade of ground has been turned over. Those early Investors are seeing some amazing ¡ I appreciation on their investments. r I Prices: Like anything for which there is more demand than supply, prices keep going up, up, up. ¡ I Developers often raise their prices 3-5 times from when they start selling until they sell out. I I Developers are no longer discounting prices at the beginning of the selling process when they are! ! anxious to get a few sales under their belt. This used to be common practice; it is no more ! I because demand is so great. I I There are sometimes, however, some price adjustments made at the very tail end of the sellout i ! phase when developers want to close out their property and move on to their next project. ¡ ¡ Generally speaking, with regard to price, the best time to get in is usually early on in the first ¡ pre-construction offering. I I Quality: Most condo hotels being built are of four- to five-star quality. The reason is two-fold: 1) ! I There is demand for the types of services provided by four- and five-star properties, and 2) ! I Oceanfront land is so costly that it makes more sense for the developer to put in a luxury ! I property with units that he can sell at a premium price rather than lower priced units. I ¡ Financing: It's getting a little easier to get condo hotel financing. There was a time when most I ! banks and mortgage companies weren't even familiar with the term condo hotels. They now ! ¡ know it and also recognize the viability of these properties. They are more accommodating in ¡ I expediting these loans. ! ¡ ¡ Contracts: Contracts that allow assignability have become rare. In the past, at some properties I ! buyers could place a deposit on a unit in the pre-construction phase and then flip their unit prior ¡ i to when they had to close. Developers now want to be sure that they don't compete to sell their ! I last few units with investors who purchased early at pre-construction prices and are now re- i ¡ selling them at below the developer's current prices. ¡ . , I , I ~ ¡ Resales: Some condo hotel unit resales come on the market. Of course, this is to be expected. ¡ ! Some of the earliest buyers now want to move on to something or somewhere else. However, ¡ I the resale market is still relatively small, and It's hard to find a bargain. ! ! i ! ! i Advice to New Buyers: How can buyers choose a condo hotel unit that will be a good I Investment? It's best if they can work with a real estate broker who specializes in condo hotels /1 and can make them aware of all products on the market. Aside from that, they should look for I the~llowlngelements: _________~~__~___~.~~~.____~__________~________~ .,.,'""""",.._.._'..!o<>""''''''''_'''''''"_._..._''''''''''?-'~..~',.~,...,~..,- r---·------·---··--·-·--------·--· ---------..-.---...-------.--.--- Location: Real estate is all about location. Beachfront properties in South Florida have done II exceptionally well in recent years. Their appreciation has been significant. If you prefer a property that is not on the ocean, it's a good Idea to select one in an area where you can expect ¡ I to have business driven to your property, such as near a major convention center or in I ¡ Downtown Miami near the financial district. I I Franchise: It's always safest to go with a major company, well-known Internationally. Four I ¡ Seasons, Hilton, Starwood, Rosewood, Setai and Trump are excellent examples. Ask yourself, ¡ I would you likely stay in a Holiday Inn for $69 or the independent hotel across the street for $627 I Many Investors or hotel guests will pay a little more for the comfort level they get with a well- j I known, well-respected franchise. I I ! . ¡ I Management Company: Compare the management companies and their rental sharing I I program. You will likely feel more comfortable Investing your money In a condo hotel with an I i experienced, top-notch management company vs. an independent operator. Also, it's worth I ! noting that an established management company does worldwide marketing and likely has a I I state-of-the-art reservation system that will help ensure your unit is rented as much as possible. I l~ideSo~Lbtt~neArtk~s.OO~_________.Art~~Submitt~:Au9u~~WM I EXHIBIT B Chapter 2, Section 6.F. Mixed Use Zoning Districts TABLE 6F-l I SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES I USE GROUPIUSE MU-L ZONE MU-H ZONE Residential or Lodeine Use Group Bed and Breakfast C N Boutique Hotel N Co Hotel C p Hotel Extended Stay C P Home Occupation P P 16. Definitions. The following are supplement defmitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. .. . Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied by the same occupant for less than thirty (30) consecutive days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or ftom an exterior court which is within a secured area. The hotel rooms may be under single ownership or may be owned individually. provided all rooms are under single management. which provides for central reservations and maid services. and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office. No hotel unit shall be converted to or used as a multifamily dwelling without the prior approval of the City Commission and compliance with all applicable land development regulations and the comprehensive plan. Hotel, Boutique: A small luxury hotel containing ten (10) to twenty (20) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 5% of its rooms are oeeupied [-ar at least thirty (30) days and no more than ene lmndred and eighty (1&0) åa}·s. where no room is occupied for more than one hundred and eighty ( 180) dayS in a calendar year by the same occupant. The hotel rooms may be under single ownership or may be owned individually. µrovided all rooms are under simde management. which provides for central reservations and maid services. and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office. Compliance with the length of stay limitation in this paragraph shall be certified by affidavit of the licensee at the time of issuance and renewal of the applicable City occupational license. Mana2ement shall maintain a guest register for each twelve (2) month period following issuance and renewal of the occupational license that shall be available for inst>ection by the City. uoon written request. for a minimum of twelve (12) months followin2 the close of the prior twelve month period. No extended stay hotel unit shall be converted to or used as a multifamily dwelling without the prior aDDl'oval of the City Commission and compliance with all applicable land development ree:ulations and the conu>rehensive plan. ,"'....,.""_...--_____A.""',,..."'·.,."';,"''",·, > " Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 12, 2005 Chair Heavilin opened the floor for the public, and closed it when no one wished to speak. Motion Ms. Horenburger moved approval of NWSP 05-022, Neelam Business Center, request for Site Plan approval for a three (3) story, 8,754 square foot office/retail building in a Mixed Use Low (MU-L) zoning district. Vice Chair Tillman seconded the motion that passed 5-0. THE MEETING RECESSED FROM 8:06 P.M. TO 8:12 P.M. D. Condominium Hotels in Mixed Use Districts Code Review 1. Project: Condominium Hotels in Mixed Use Districts (CDRV 05-013) Agent: Staff-initiated Location: Mixed-Use High Intensity (MU-H) and Mixed Use Low Intensity zoning districts Description: Request to amend the Land Development Regulations, Chapter 2, Section 6.F Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-High Intensity (MU- H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel, Extended Stay" to include condominium hotel units. Dick Hudson, Senior Planner, reviewed this request, stating that the "condo hotel" had become a popular product in the hotel industry since the project could be financed more like a residential condominium project. Many local governments are revisiting their LDRs and making revisions to address this type of project and insure that the facilities truly operate as hotels and not residential developments. An owner would be limited to a six-month stay per year to assure that individuals do not take up permanent residence in the units. The condo hotels would probably take the form of an "extended stay hotel," so City staff is recommending that the City Commission amend the permitted uses table for the "Mixed Use-High" zoning district to make it clear that "extended stay hotels," which would be the likely category to accommodate a condo hotel, are permitted in that district. Staff recommended approval of this item. Ms. Horenburger inquired whether the County's Bed Tax would come into play for stays shorter than six months. Mr. Hudson responded that it would be subject to the Bed Tax because it would be considered transient lodging. Ms. Horenburger asked the difference between the condo hotel and the condo with mostly seasonal residents. Mr. Hudson said that a condo was considered a residence and the residential parking regulations would apply. A hotel was considered a commercial use. The parking requirements for condos and hotel condos were very similar (one bedroom condos call for 1.33 per unit and hotel condos call for 1.25 per unit). Mr. DeMarco asked if the condo laws would apply to the hotel condos. Mr. Hudson believed it did. Mr. DeMarco suggested the City contact someone who could give an authoritative answer on this. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 12, 2005 Ms. Horenburger declared the law only applies to the type of sale. Chair Heavilin's understanding from the project that was already taking reservations for their condo hotel units is they would be under the Condominium Declarations statute. Chair Heavilin opened the floor to the public, and closed it when no one came forward. Chair Heavilin commented there was a growing trend across the country for condo hotel units. Motion Vice Chair Tillman moved to approve CDRV 05-013, request to amend the Land Development Regulations, Chapter 2, Section 6.F Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel, Extended Stay" to include condominium hotel units. Mr. DeMarco seconded the motion that passed 5-0. VII. Pulled Consent Agenda Items A. ADproval of Minutes from June 9,2005 Meeting Attorney Spillias stated that on page 19 under Future Agenda Items, in the second paragraph, sixth line, "he had been the attorney for" should be replaced with "his firm had represented." Also, on page 20 in the second paragraph, it should properly read: "In the middle of public hearing, staff or the applicant should not be called to answer questions, Attorney Spillias said, so anyone from the public does not raise the question of his or her time being taken up with questions." On the last page, the last motion should read that it passed 5-0, because Ms. Horenburger left before the motion. Also, the fact that she left should be placed before the motion. Motion Ms. Horenburger moved to approve the minutes of the June 9, 2005 meeting as amended. Vice Chair Tillman seconded the motion that passed 5-0. D. Consideration of Property Exchange Agreement Between St. Paul AME Church and the CRA Attorney Spillias commented that on page one of the lease agreement, paragraph 1. TERM, the ending date should be 2006 instead of 2005. Motion Vice Chair Tillman moved approval of Consent Agenda Item D. as amended. Mr. DeMarco seconded the motion that passed 5-0. J. Facade Grant Reimbursement - Boynton/Delray Academy - $15,000.00 Vice Chair Tillman was concerned the building on which a Façade Grant was requested was in limbo as to whether it would be an educational institution or not. He was not comfortable with issuing a grant to an entity if the use/name changed. The School District had not made a decision about this yet. 13 XII. - LEGAL ITEM A.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 o August 2, 2005 July 18, 2005 (Noon,) o October 5, 2005 September 19, 2005 (Noon) [g August 16, 2005 August 1,2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) o November I, 2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15, 2005 October 31 , 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [g Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 16, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal, Ordinance - First Reading on August 2,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-115. EXPLANATION: PROJECT: Heritage Club at Boynton Beach (LUAR 05-005) AGENT: Michael Weiner, Esquire, Weiner & Aronson, P.A. OWNER: Thirty Six Hundred Holdings, LLC LOCATION: Northwest comer of the intersection of Federal Highway and Gulfstream Boulevard DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential. Proposed Use: Mixed use development containing 19,500 sq. ft. of commercial development (office, retail, restaurant) and 166 multi-family residential units. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Develo me t D artment D ector City Manager's Signature l·¡) ~ wming ,",d Zo ' g Dllee'", City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\LUAR 05-005\Agenda Item Request Heritage Club@ BB LUAR 05-005 2nd reading Amend 8-16-05,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 05- oc..J4 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL OWNED BY THIRTY SIX 8 HUNDRED HOLDINGS, LLC, AND LOCATED 9 ON THE NORTHWEST CORNER OF THE 10 INTERSECTION OF FEDERAL HIGHWAY AND 11 GULFSTREAM BOULEVARD; CHANGING THE 12 LAND USE DESIGNATION FROM LOCAL 13 RETAIL COMMERCIAL (LRC) TO SPECIAL 14 HIGH DENSITY RESIDENTIAL (SHDR); 15 PROVIDING FOR CONFLICTS, SEVERABILITY, 16 AND AN EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 21 Government Comprehensive Planning Act; and 22 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 24 and 25 WHEREAS, after two (2) public hearings the City Commission acting in its 26 dual capacity as Local Planning Agency and City Commission finds that the 27 amendment hereinafter set forth is consistent with the City's adopted Comprehensive 28 Plan and deems it in the best interest of the inhabitants of said City to amend the 29 aforesaid Element of the Comprehensive Plan as provided. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\Planning\Land Use\Heritage Club. doc 1 Section 1: The foregoing WHEREAS clauses are true and correct and 2 incorporated herein by this reference. 3 Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the 4 following: 5 That the Future Land Use of the following described land located on the 6 Northwest comerofthe intersection of Federal Highway and Gulfstream Boulevard in 7 Boynton Beach, Florida shall be changed from Local Retail Commercial (LRC) and 8 shall now be designated as Special High Density Residential (SHDR): 9 See legal description attached hereto. 10 11 12 Subject to easements, restrictions, reservation and rights of way of record. 13 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element 16 of the Future Land Use Plan shall be amended accordingly. 17 Section 4: AH ordinances or parts of ordinances in conflict herewith are hereby 18 repealed. 19 Section 5: Should any section or provision of this Ordinance or any portion thereof 20 be declared by a court of competent jurisdiction to be invalid, such decision shaH not affect 21 the remainder of this Ordinance. 22 Section 6: This Ordinance shall take effect on adoption, subject to the review, 23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 24 Planning and Land Development Regulation Act. No party shall be vested of any right by 25 virtue of the adoption of this Ordinance until all statutory required review is complete and 26 all legal chaHenges, including appeals, are exhausted. In the event that the effective date is S:\CA\Ordinances\Planning\Land Use\Heritage Club.doc 1 established by state law or special act, the provisions of state act shall control. 2 FIRST READING this ~ day of Au~~ ,2005. 3 SECOND, FINAL READING and PASSAGE this __ day of , 4 2005. 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 S:\CA\Ordinances\Planning\Land Use\Heritage Club,doc LEGAL DESCRIPTION THAT CERTAIN PLACE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, COUNTY OF PALM BEACH AND STATE OF FLORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTH HALF(SI/2) OF THE SOUTHWEST QUARTER (SWII4) OF THE NORTHEAST QUARTER (NEl/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY, AS NOW LAID OUT AND IN USE, WEST OF THE WEST RIGHT-OF- WAY LINE OF STATE ROAD 5 (US NO.1), AS DESCRIBED IN OFFICIAL RECORDS BOOK 160, PAGE 581, AND NORTH OF THE RIGHT-OF-WAY OF GULF STREAM BOULEVARD,AS DESCRIBED IN OFFICIAL RECORDS BOOK 944, PAGE 117, LESS THE FOLLOWING DESCRIBED TRACTS: TRACT A: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT -OF - WAY LINE OF THE FLORIDA EAST COAST RAILWAY WITH THE EAST-WEST QUARTER SECTION LINE OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT -OF- WAY LINE, A DISTANCE OF 370.00 FEET; THENCE EASTERLY AT RIGHT ANGLES WITH THE SAID EASTERLY RIGHT- OF- WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE EASTERL Y ALONG THE SAME COURSE, A DISTANCE OF 60.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 30.00 FEET;THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 60.00 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. TRACT B COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT -OF- WAY LINE OF THE FLORIDA EAST COAST RAIL WAY WITH THE EAST-WEST QUARTER SECTION LINE OF SECTION 4,TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE EASTERL Y ALONG SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 80.90 FEET; THENCE NORTHERLY PARALLEL WITH THE SAID EASTERLY RIGHT -OF- WAY LINE OF THE FLORIDA EAST COAST RAIL WAY, A DISTANCE OF 62.67 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE, OF GULFSTREAM BOULEVARD, THENCE EASTERLY ALONG SAID NORTHERLY RIGHT -OF- WAY LINE,A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE EASTERLY \LONG THE NORTHERLY RIGHT-OF- WAY LINE OF GULFSTREAM BOULEVARD, A DIST ANCE OF 40.0 FEET; THENCE NORTHERLY AT RIGHT ANGLES, A DISTANCE OF 40.0 FEET,THENCE WESTERLY AT RIGHT ANGLES, A DISTANCE OF 40.0 FEET, THENCE SOUTHERL Y AT RIGHT ANGLES, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. TRACT C: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAIL WAY WITH THE EAST-WEST QUARTER SECTION LINE OF SECTION 4,TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 80.90 FEET; THENCE NORTHERLY PARALLEL WITH THE SAID EASTERLY RIGHT -OF- WAY OF THE FLORIDA EAST COAST RAIL WAY, A DISTANCE OF 62.67 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE, OF GULF STREAM BOULEV ARD, THENCE EASTERLY ALONG SAID NORTHERLY RIGHT -OF- WAY LINE, A DISTANCE OF 70.55 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1950.08 FEET AND A CENTRAL ANGLE OF 5 DEGREES 59 MINUTES 38 SECONDS; THENCE EASTERLY ALONG THE ARC OF SAID CUR VE, A DISTANCE OF 204 FEET; THENCE CONTINUE EASTERLY ALONG SAID RIGHT- OF-WAY LINE, TANGENT TO SAID CURVE,A DISTANCE OF 68.82 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE EASTERLY ALONG THE SAME COURSE, A DISTANCE OF 217.96 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 20 FEET AND A CENTRAL ANGLE OF 72 DEGREES 27 MINUTES 50 SECONDS; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 25.29 FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1 (S.R. NO.5); THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TANGENT TO SAID ClJRVE, A DISTANCE OF 180.03 FEET; THENCE WESTERLY MAKING AN ANGLE WITH THE PRECEDING COURSE OF 107 DEGREES 33 MINUTES 34 SECONDS, MEASURED FROM NORTH TO WEST, A DISTANCE OF 263.45 FEET; THENCE SOUTHERLY MAKING AN ANGLE WITH THE THE PRECEDING COURSE OF 98 DEGREES 33 MINUTES 12 SECONDS MEASURED FROM EAST TO SOUTH, A DISTANCE OF 187.60 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. TRACT D: THAT PORTION OF THE SOUTH ONE HALF(S1/2) OF THE SOUTHWEST ONE QUARTER (SW1/4) OF THE NORTHEAST ONE QUARTER (NE1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT -OF- WAY LINE OF STATE ROAD NO.5 ( U.S. HIGHWAY NO.1) AS DESCRIBED IN OFFICIAL RECORDS BOOK 160,PAGE 581, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, LYING EAST OF A LINE PARALLEL TO SAID RIGHT-OF-WAY LINE AND FORTY FEET WEST THEREOF AND LYING NORTH OF A LINE NINETEEN (19) FEET SOUTH OF AND PARALLEL TO THE NORTH BOUNDARY OF SAID SOUTH ONE HALF (S1/2) OF THE SOUTHWEST ONE QUARTER (SW1/4) OF THE NORTHEAST ONE QUARTER (NE1/4) OF SAID SECTION 4. DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 05-115 TO: Chair and Members Community Redevelopment Agency Board and Mayor and City C~ FROM: Dick Hudson, AIC Senior Planner THROUGH: Michael W. Rum;rlOi-- Director of Planning and Zoning DATE: June 27, 2005 PROJECT NAME/NUMBER: Heritage Club @ Boynton Beach LUAR 05-005 REQUEST: Amend the Future Land Use designation from Local Retail Commercial to Special High Density Residential and rezone the property from C-3 Community Commercial to PUD Planned Unit Development PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant! Agent: New Century Companies, LLC and Thirty Six Hundred Holdings, LLC / Weiner & Aronson, P.A. Location: Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard (Exhibit "A") Parcel Size: ±8.302 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Special High Density Residential Proposed Zoning: PUD Planned Unit Development Proposed Use: Mixed use project containing 19,538 sq. ft. of commercial (office, retail and restaurant) and 166 multi-family residential units Page 2 Rle Number: LUAR 05-005 Heritage Club @ Boynton Beach Adjacent Uses: North: Developed property (self-service storage) designated Local Retail Commercial and zoned C-3 Community Commercial South: Developed outparcel (adult entertainment) designated Local Retail Commercial and zoned C-3 Community Commercial, then the right-of-way of Gulfstream Boulevard, then developed commercial (fast-food and office building) designated Local Retail Commercial and zoned C-3 Community Commercial East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream designated Recreation and zoned OR Outdoor Recreation West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then vacant property in Palm Beach County designated MR-5 (5 du/ac) and zoned RS-Single-family Residential EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The proposed land use amendment and rezoning are consistent with applicable Comprehensive Plan policies; as well as meeting the review criteria, required by the Land Development Regulations for land use amendments and rezonings; 2. The project will replace an antiquated and declining strip commercial center with a mixed-use project that will be both an aesthetic and fiscal improvement at the City's southern "gateway"; 3. The project's location on Federal Highway supports the "Eastward Ho" initiative, which emphasizes redevelopment of the coastal areas where infrastructure is in place, as opposed to encouraging development in patterns of sprawl to the west; and, 4. The project proposes a sizeable number of residential units in a variety of sizes and styles, with a commercial portion designed to provide a year-round customer and employment base, which supports the revitalization of the downtown. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total ±8.302 acres. 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, regional and local comprehensive plans prior to adoption. ",."'>,;i""_'1:Þ"~___"""'~·_h"".",."........,=c",.,......",.,.....",,,.~....~,,,.,..,....,.._ Page 3 File Number: LUAR 05-005 Heritage Club @ Boynton Beach MASTER PLAN/SITE PLAN PUD regulations require the concurrent approval of a project master plan with the rezoning. In this case, the Site Plan is to serve as the master plan. The Site plan will be discussed in detail during the Site Plan approval process; however, a brief overview is presented here. The proposed site plan divides the property into two distinct areas, both in function and in architectural design. The commercial uses are placed on the ground floors of two four-story structures along the Federal Highway frontage and include 9,494 square feet of retail space, 6,544 square feet of office space and a restaurant containing 3,500 square feet of space. Condominium residential uses occupy the upper floors. To the west of the mixed use building on the north is a residential building, also containing 4 stories. This building and the mixed use building fronting on Federal Highway contain a total of 84 residential units. The south mixed use building has 12 residential units on the upper floors. A five-unit townhouse structure, three stories in height, is west of the south mixed use building. The two mixed use structures are separated by a "main streetlf that forms an entry into the property from Federal Highway and connects with the townhouse uses on the western portion of the site. The north buildings enclose a 4-level parking structure, two outdoor recreation areas and a one-story clubhouse/activity area. The south commercial building and the adjacent townhouses enclose a 2-level parking structure. Broad sidewalks and landscaped plazas along Federal Highway create pedestrian-friendly areas. West of the mixed-use structures, 65 three-story, fee-simple townhouses are proposed, with 10 fronting on Gulfstream Boulevard and 17 fronting on Old Dixie Highway. The remaining 38 units are internal to the project. A swimming pool and clubhouse are provided for use by the townhouse occupants. In addition to the access to the townhouse area provided from the "main streetlf, a secondary access is provided on Gulfstream Boulevard and a one-way service road is provided from Federal Highway to Old Dixie Highway at the north of the property. The mixed use buildings and their adjacent residential structures are designed in a "post- modern If architectural style, while the townhouses are "traditional" in design. In using different architectural styles, the developers have created two distinct areas for the development, with the more vibrant and urbane mixed use portion along Federal Highway and a quieter residential portion along Gulfstream Boulevard and Old Dixie Highway. Consistent with the requirements of staff, the applicant has provided an additional 20 feet of right-of-way along Old Dixie Highway and will be providing off-site improvements along Old Dixie Highway and Gulfstream Boulevard, which include on-street parking, drainage improvements and sidewalks. Sidewalks fronting the mixed use portion along Federal Highway will be widened to form pedestrian-friendly plazas. REVIEW The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments.' Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Page 4 File Number: LUAR 05-005 Heritage Club @ Boynton Beach 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 property is not located within the hurricane evacuation zone, therefore review and approval by the Palm Beach County Emergency Planning Division is not required. Other policies and directions contained in the City's Comprehensive Plan and other pertinent plans are discussed below. Objective 1.15 of the Future Land Use Element states: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development. " While the attendant policies have not been updated to fully address some of the more recent and innovative additions to the Land Development Regulations, the intent of this objective is clear. Policy 1.13.4 affirms the City's determination to discourage urban sprawl and to encourage mixed use projects. Section "B" of that policy states: ''Demonstrate, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. " The proposed project is located in Planning Area V, as defined in the "Federal Highway Corridor Community Redevelopment Plan", and the requested land use amendment is for the Special High Density Residential designation. Policy 1.16.1 of the Land Use Element reads, in part: "Special High Density Residential: This land use category shall consist of redevelopment and infill residential areas assigned to this land use category in the portion of the designated Community Redevelopment Area identified as Planning Area I and Planning Area V in the ''Federal Highway Corridor Community Redevelopment Plan'~ adopted on May 15, 2001. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a gross density of not more than 20.0 dwelling units per acre. .. Office and retail commercial uses may be considered if clearly accessory and subordinate to residential uses, occupying not more than ten ..._'"""_,_...·"'!"""""~_~..~""...,,·.,....,,',·"'...~''''m'^'';'·__ Page 5 File Number: LUAR 05-005 Heritage Club @ Boynton Beach percent of the area of a planned unit development. A Floor Area Ratio (FAR) up to 0.20 may be considered for non-residential uses. # The proposed project is consistent with the cited definition. Additionally, the project will replace an antiquated and declining strip commercial center with a mixed-use project that will be both an aesthetic and fiscal improvement at the City's southern "gateway". b. Whether the proposed rezoning would be contrary to the established land use pattern~ or would create an isolated district unrelated to adjacent and nearby districts~ or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent commercially designated lands to the south of Gateway Boulevard along Federal Highway. While the property immediately west of the property across the Old Dixie Highway and FEC rights-of-way is presently vacant and lies within unincorporated Palm Beach County, there are directions for future development of this site for residential use upon its annexation into the City. The residential portion of the proposed development will form a transition to this property and the residential neighborhood farther to the west. Additionally, it will not constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. Over time, the existing and obsolete shopping center has been in a state of decline accompanied by an influx of marginal and undesirable commercial uses mingling with some few desirable and long-time commercial uses. The proposed mixed use project will serve to revitalize the southern "gateway" to the City. The project proposes 166 residential units in a variety of sizes and styles, while the commercial portion is designed to provide a year-round customer and employment base. The planned efficient use of the space will replace a large, mostly vacant parking and sparse landscaping with a desirable project that engages the surrounding streets. d. Whether the proposed use would be compatible with utility systems~ roadways~ and other public facilities. Impact analyses provided by the applicant state that current water use is estimated at 34,000 gallons per day. The City's Water Utilities Department anticipates the water demand of the proposed development would be 71,380 gallons per day; an increase of 37,380 gallons per day.. Projected sewer capacity demand would be 32,121 gallons per day. According to the traffic analysis provided by the applicant, the maximum commercial intensity under the existing land use would generate 5,817 trips per day. With the proposed redevelopment, the trip generation drops to 4,175 external trips per day, for a reduction of 1,642 trips per day. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the Page 6 File Number: LUAR 05-005 Heritage Club @ Boynton Beach application and has determined that adequate capacity exists to accommodate the resident population. The City's Fire and Life Safety Division has stated that the Fire Department expects to be able to maintain an adequate level of service for the subject project with current or anticipated staffing. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As discussed above, the proposed development would relate to the adjacent commercially designated lands to the south of Gateway Boulevard along Federal Highway. While the property immediately west of the property across the Old Dixie Highway and FEC rights-of-way is presently vacant and lies within unincorporated Palm Beach County, the "Problems and Opportunities" section of the Future Land Use Support Documents contains directions for future development of this site for residential use upon its annexation into the City. The residential portion of the proposed development will form a transition to this property and the residential neighborhood farther to the west. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed; however, as the existing shopping center is in a state of economic and physical decline, the City will be better served with the proposed redevelopment of the property. 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 property is less than 10 acres in size, but has frontages on Federal HighwaYI Gateway Boulevard and Old Dixie Highway. The aesthetic quality of the proposed redevelopment project will greatly improve the aesthetic quality of this portion of the Federal Highway corridor, which is a major gateway into the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are only two other sites currently existing within the City where a similar project could be considered without land assemblage; both sites are currently developed with successful commercial centers. Redevelopment of these sites would not have the impact on the image of the City that redevelopment of the subject site will have, since neither of them are located in such proximity to the "gateways" to Boynton Beach. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with relevant policies contained in the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan; will not create Page 7 File Number: LUAR 05-005 Heritage Club @ Boynton Beach additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECfS\HerllDge Oub @ Boynton Beach\WAR OS-005\STAFF REPORT WAR OS-OOS.doc LOCATION MAP Heritage Club @ Boynton Beach Exhibit A LUAR 05-005 u œ u, .1:: E .- .., b Ù ... c( z Q D: c( N 200 100 0 200 Feet A XII. - LEGAL ITEM A.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 2, 2005 July 18,2005 (Noon,) o October 5, 2005 September 19, 2005 (Noon) ~ August 16.2005 August 1,2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) o September 6, 2005 August IS, 2005 (Noon) o November I, 2005 October 17,2005 (Noon) o September 20. 2005 September 6, 2005 (Noon) o November IS, 2005 October 31, 2005 (Noon) 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 16, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal, Ordinance - First Reading on August 2,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-115. . EXPLANATION: PROJECT: Heritage Club at Boynton Beach (LUAR 05-005) AGENT: Michael Weiner, Esquire, Weiner & Aronson, P .A. OWNER: Thirty Six Hundred Holdings, LLC LOCATION: Northwest comer of the intersection of Federal Highway and Gulfstream Boulevard DESCRIPTION: Request to rezone from C-3 Community Commercial to PUD Planned Unit Development. Proposed Use: Mixed use development containing 19,500 sq. ft. of commercial development (office, retail, restaurant) and 166 multi-family residential units. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A City Manager's Signature ¡ .//! -¿ iL Planning and ~g Director City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\LUAR 05-005\Agenda Item Request Heritage Club @ BB LUAR 05-005 2nd reading Rezone 8-1 6-05 ,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC , 1 ORDINANCE NO. 05- Oa.J5" 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICA TION OF NEW CENTURY COMPANIES, 6 LLC AND THIRTY SIX HUNDRED HOLDINGS, 7 LLC, AMENDING ORDINANCE 02-013 TO REZONE 8 A PARCEL OF LAND LOCATED ON THE 9 NORTHWEST CORNER OF THE INTERSECTION 10 OF FEDERAL HIGHWAY AND GULFSTREAM 11 BOULEV ARD, BOYNTON BEACH, FLORIDA, AS 12 MORE FULLY DESCRIBED HEREIN, FROM 13 COMMUNITY COMMERCIAL (C-3) TO PLANNED 14 UNIT DEVELOPMENT (PUD); PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN 16 EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 19 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 20 WHEREAS, Thirty Six Hundred Holdings, LLC, owner of the property located on the 21 Northwest comer of the intersection of Federal Highway and Gulfstream Boulevard in 22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its 23 agent Weiner & Aronson, P.A., pursuant to Section 9 of Appendix A-Zoning, of the Code of 24 Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said 25 land being more particularly described hereinafter, from Community Commercial (C-3) to 26 Planned Unit Development (PUD); and 27 WHEREAS, the City Commission conducted a public hearing and heard testimony 28 and received evidence which the Commission finds supports a rezoning for the property 29 hereinafter described; and 30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 31 an amendment to the Land Use which was contemporaneously considered and approved at the S:\CA \Ordinances\PJanning\Rezoning\Rezoning - Heritage Club,doc 1 public hearing heretofore referenced; and 2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing Whereas clauses are true and correct and incorporated 7 herein by this reference. 8 Section 2. The following described land, Northwest corner of the intersection of 9 Federal Highway and Gulfstream Boulevard in the City of Boynton Beach, Florida, as set forth 10 as follows: 11 See legal description attached hereto. 12 13 14 be and the same is hereby rezoned rrom Community Commercial (C-3) to Planned Unit 15 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of this 16 Ordinance by reference. 17 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 18 accordingly. 19 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 20 repealed. 21 Section 5. Should any section or provision ofthis Ordinance or any portion thereof be 22 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 23 remainder of this Ordinance. 24 Section 6. This ordinance shall become effective immediately upon passage. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Heritage Club,doc 1 FIRST READING this ~ day of AU3U5T ,2005. 2 SECOND, FINAL READING and PASSAGE this _ day of ,2005. 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 ATTEST: Commissioner 19 20 21 City Clerk 22 23 (Corporate Seal) S:\CA \Ordinances\Planning\Rezoning\Rezoning - Heritage Club,doc .,.i<¡o'''<-"''*'·'.",·>,'''_.....__.<_,''''·.<...·, ".."",.,.....__>;>.,'_·"·'~"_d,.'.''"-"'··,···-· LEGAL DESCRIPTION THAT CERTAIN PLACE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, COUNTY OF PALM BEACH AND STATE OF FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTH HALF(Sl/2) OF THE SOUTHWEST QUARTER (SWl/4) OF THE NORTHEAST QUARTER (NEl/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,L YING EAST OF THE EAST RIGHT -OF- WAY LINE OF OLD DIXIE HIGHWAY, AS NOW LAID OUT AND IN USE, WEST OF THE WEST RIGHT-OF- WAY LINE OF STATE ROAD 5 (US NO.1), AS DESCRIBED IN OFFICIAL RECORDS BOOK 160, PAGE 581, AND NORTH OF THE RIGHT -OF- WAY OF GULFSTREAM BOULEV ARD,AS DESCRIBED IN OFFICIAL RECORDS BOOK 944, PAGE 117, LESS THE FOLLOWING DESCRIBED TRACTS: TRACT A: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY WITH THE EAST-WEST QUARTER SECTION LINE OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 370.00 FEET; THENCE EASTERLY AT RIGHT ANGLES WITH THE SAID EASTERLY RIGHT- OF- WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY ALONG THE SAME COURSE, A DISTANCE OF 60.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 30.00 FEET;THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 60.00 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. TRACT B COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAIL WAY WITH THE EAST-WEST QUARTER SECTION LINE OF SECTION 4,TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 80.90 FEET; THENCE NORTHERLY PARALLEL WITH THE SAID EASTERLY RIGHT-OF- WAY LINE OF THE FLORIDA EAST COAST RAIL WAY, A DISTANCE OF 62.67 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE, OF GULF STREAM BOULEVARD, THENCE EASTERLY ALONG SAID NORTHERLY RIGHT -OF- WAY LINE,A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE EASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF GULFSTREAM BOULEVARD, A DIST ANCE OF 40.0 FEET; THENCE NORTHERLY AT RIGHT ANGLES, A DISTANCE OF 40.0 FEET, THENCE WESTERLY AT RIGHT ANGLES, A DISTANCE OF 40.0 FEET, THENCE SOUTHERLY AT RIGHT ANGLES, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. TRACT C: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF- WAY LINE OF THE FLORIDA EAST COAST RAILWAY WITH THE EAST-WEST QUARTER SECTION LINE OF SECTION 4,TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 80.90 FEET; THENCE NORTHERLY PARALLEL WITH THE SAID EASTERLY RIGHT -OF- WAY OF THE FLORIDA EAST COAST RAIL WAY, A DISTANCE OF 62.67 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE, OF GULFSTREAM BOULEVARD, THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF- WAY LINE, A DISTANCE OF 70.55 FEET TO THE POINT OF CUR V A TURE OF A CURVE CONCA VE TO THE SOUTH HAVING A RADIUS OF 1950.08 FEET AND A CENTRAL ANGLE OF 5 DEGREES 59 MINUTES 38 SECONDS; THENCE EASTERL Y ALONG THE ARC OF SAID CURVE, A DISTANCE OF 204 FEET; THENCE CONTINUE EASTERLY ALONG SAID RIGHT- OF- WAY LINE, TANGENT TO SAID CURVE,A DISTANCE OF 68.82 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE EASTERLY ALONG THE SAME COURSE, A DISTANCE OF 217.96 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 20 FEET AND A CENTRAL ANGLE OF 72 DEGREES 27 MINUTES 50 SECONDS; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 25.29 FEET TO A POINT IN THE WESTERLY RIGHT -OF- WAY LINE OF U.S. HIGHWAY NO.1 (S.R. NO.5); THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TANGENT TO SAID CURVE, A DISTANCE OF 180.03 FEET; THENCE WESTERLY MAKING AN ANGLE WITH THE PRECEDING COURSE OF 107 DEGREES 33 MINUTES 34 SECONDS, MEASURED FROM NORTH TO WEST, A DISTANCE OF 263.45 FEET; THENCE SOUTHERLY MAKING AN ANGLE WITH THE THE PRECEDING COURSE OF 98 DEGREES 33 MINUTES 12 SECONDS MEASURED FROM EAST TO SOUTH, A DISTANCE OF 187.60 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. TRACTD: THAT PORTION OF THE SOUTH ONE HALF(Sl/2) OF THE SOUTHWEST ONE QUARTER (SWI!4) OF THE NORTHEAST ONE QUARTER (NEl/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO.5 (U.S. HIGHWAY NO.1) AS DESCRIBED IN OFFICIAL RECORDS BOOK 160,PAGE 581, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, LYING EAST OF A LINE PARALLEL TO SAID RIGHT-OF-WAY LINE AND FORTY FEET WEST THEREOF AND LYING NORTH OF A LINE NINETEEN (19) FEET SOUTH OF AND PARALLEL TO THE NORTH BOUNDARY OF SAID SOUTH ONE HALF (SII2) OF THE SOUTHWEST ONE QUARTER (SWI!4) OF THE NORTHEAST ONE QUARTER (NEl/4) OF SAID SECTION 4. "~,"";;';""~-_""~;"""'-~'"""~-~--'¡'''""',,,,,,,,,,,,,,,,.;-.,~"._,.........;...,>-.....,,'.... DEVELOPMENT DEPARTMENT PLANNING It ZONING DIVISION MEMORANDUM NO. PZ 05-115 TO: Chair and Members Community Redevelopment Agency Board and Mayor and Oty ~ FROM: Dick Hudson, AlC Senior Planner THROUGH: Michael W. Rum;rl~ Director of Planning and Zoning DATE: June 27, 2005 PROJECT NAME/NUMBER: Heritage Club @ Boynton Beach LUAR 05-005 REQUEST: Amend the Future Land Use designation from Local Retail Commercial to Special High Density Residential and rezone the property from C-3 Community Commercial to PUD Planned Unit Development PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant! Agent: New Century Companies, LLC and Thirty Six Hundred Holdings, LLC / Weiner & Aronson, P .A. Location: Northwest, corner of the intersection of Federal Highway and Gulfstream Boulevard (Exhibit "AfT) Parcel Size: ±8.302 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Special High Density Residential Proposed Zoning: PUD Planned Unit Development Proposed Use: Mixed use project containing 19,538 sq. ft. of commercial (office, retail and restaurant) and 166 multi-family residential units Page 2 Rle Number: LUAR 05-005 Heritage Club @ Boynton Beach Adjacent Uses: North: Developed property (self-service storage) designated Local Retail Commercial and zoned C-3 Community Commercial South: Developed outparcel (adult entertainment) designated Local Retail Commercial and zoned C-3 Community Commercial, then the right-of-way of Gulfstream Boulevard, then developed commercial (fast-food and office building) designated Local Retail Commercial and zoned C-3 Community Commercial East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream designated Recreation and zoned OR Outdoor Recreation West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then vacant property in Palm Beach County designated MR-5 (5 du/ac) and zoned RS-Single-family Residential EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the fOllowing reasons: 1. The proposed land use amendment and rezoning are consistent with applicable Comprehensive Plan policies; as well as meeting the review criteria, required by the Land Development Regulations for land use amendments and rezonings; 2. The project will replace an antiquated and declining strip commercial center with a mixed-use project that will be both an aesthetic and fiscal improvement at the City's southern "gateway"; 3. The project's location on Federal Highway supports the "Eastward Ho" initiative, which emphasizes redevelopment of the coastal areas where infrastructure is in place, as opposed to encouraging development in patterns of sprawl to the west; and, 4. The project proposes a sizeable number of residential units in a variety of sizes and styles, with a commercial portion designed to provide a year-round customer and employment base, which supports the revitalization of the downtown. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total ±8.302 acres. 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, regional and local comprehensive plans prior to adoption. Page 3 File Number: LUAR 05-005 Heritage Club @ Boynton Beach MASTER PLAN/SITE PLAN PUD regulations require the concurrent approval of a project master plan with the rezoning. In this case, the Site Plan is to serve as the master plan. The Site plan will be discussed in detail during the Site Plan approval process; however, a brief overview is presented here. The proposed site plan divides the property into two distinct areas, both in function and in architectural design. The commercial uses are placed on the ground floors of two four-story structures along the Federal Highway frontage and include 9,494 square feet of retail space, 6,544 square feet of office space and a restaurant containing 3,500 square feet of space. Condominium residential uses occupy the upper floors. To the west of the mixed use building on the north is a residential building, also containing 4 stories. This building and the mixed use building fronting on Federal Highway contain a total of 84 residential units. The south mixed use building has 12 residential units on the upper floors. A five-unit townhouse structure, three stories in height, is west of the south mixed use building. The two mixed use structures are separated by a "main streetll that forms an entry into the property from Federal Highway and connects with the townhouse uses on the western portion of the site. The north buildings enclose a 4-level parking structure, two outdoor recreation areas and a one-story clubhouse/activity area. The south commercial building and the adjacent townhouses enclose a 2-level parking structure. Broad sidewalks and landscaped plazas along Federal Highway create pedestrian-friendly areas. West of the mixed-use structures, 65 three-story, fee-simple townhouses are proposed, with 10 fronting on Gulfstream Boulevard and 17 fronting on Old Dixie Highway. The remaining 38 units are internal to the project. A swimming pool and clubhouse are provided for use by the townhouse occupants. In addition to the access to the townhouse area provided from the "main street", a secondary access is provided on Gulfstream Boulevard and a one-way service road is provided from Federal Highway to Old Dixie Highway at the north of the property. The mixed use buildings and their adjacent residential structures are designed in a "post- modern II architectural style, while the townhouses are "traditional" in design. In using different architectural styles, the developers have created two distinct areas for the development, with the more vibrant and urbane mixed use portion along Federal Highway and a quieter residential portion along Gulfstream Boulevard and Old Dixie Highway. Consistent with the requirements of staff, the applicant has provided an additional 20 feet of right-of-way along Old Dixie Highway and will be providing off-site improvements along Old Dixie Highway and Gulfstream Boulevard, which include on-street parking, drainage improvements and sidewalks. Sidewalks fronting the mixed use portion along Federal Highway will be widened to form pedestrian-friendly plazas. REVIEW The criteria used to review Comprehensive Plan amendments and rezonings are listed in the land Development Regulations, Chapter 2, Section 9, Administraüon and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change indudes an amendment to the Comprehensive Plan Future land Use Map. Page 4 File Number: LUAR 05-005 Heritage Club @ Boynton Beach 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 Otys risk manager. The planning department shall also recommend limitations or requiremen~ which would have to be imposed on subsequent development of the prope~ in order to comply with policies contained in the comprehensive plan. The property is not located within the hurricane evacuation zone, therefore review and approval by the Palm Beach County Emergency Planning Division is not required. Other policies and directions contained in the City's Comprehensive Plan and other pertinent plans are discussed below. Objective 1.15 of the Future Land Use Element states: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development. " While the attendant policies have not been updated to fully address some of the more recent and innovative additions to the Land Development Regulations, the intent of this objective is clear. Policy 1.13.4 affirms the City's determination to discourage urban sprawl and to encourage mixed use projects. Section "B" of that policy states: "Demonstrate, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the abilIty to attract and encourage a functional mix of uses. " The proposed project is located in Planning Area V, as defined in the "Federal Highway Corridor Community Redevelopment Plan", and the requested land use amendment is for the Special High Density Residential designation. Policy 1.16.1 of the Land Use Element reads, in part: ''Special High Density Residential: This land use category shall consist of redevelopment and infill residential areas assigned to this land use category in the portion of the designated Community Redevelopment Area identified as Planning Area I and Planning Area V in the "Federal Highway Corridor Community Redevelopment Plan'; adopted on May 15, 2001. The uses allowed in this land use category shall be limited to~ but shall not necessarily include~ the following: Residential uses with a gross density of not more than 20.0 dwelling units per acre. .. Office and retail commercial uses may be considered if clearly accessory and subordinate to residential uses~ occupying not more than ten Page 5 File Number: LUAR 05-005 Heritage Club @ Boynton Beach percent of the area of a planned unit development A Floor Area Ratio (FAR) up to 0.20 may be considered for non-residential uses. " The proposed project is consistent with the cited definition. Additionally, the project will replace an antiquated and declining strip commercial center with a mixed-use project that will be both an aesthetic and fiscal improvement at the City's southern "gateway". b. Whether the proposed rezoning would be contrary to the established land use pattern or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent commercially designated lands to the south of Gateway Boulevard along Federal Highway. While the property immediately west of the property across the Old Dixie Highway and FEC rights-of-way is presently vacant and lies within unincorporated Palm Beach County, there are directions for future development of this site for residential use upon its annexation into the City. The residential portion of the proposed development will form a transition to this property and the residential neighborhood farther to the west. Additionally, it will not constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. Over time, the existing and obsolete shopping center has been in a state of decline accompanied by an influx of marginal and undesirable commercial uses mingling with some few desirable and long-time commercial uses. The proposed mixed use project will serve to revitalize the southern "gateway" to the City. The project proposes 166 residential units in a variety of sizes and styles, while the commercial portion is designed to provide a year-round customer and employment base. The planned efficient use of the space will replace a large, mostly vacant parking and sparse landscaping with a desirable project that engages the surrounding streets. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Impact analyses provided by the applicant state that current water use is estimated at 34,000 gallons per day. The City's Water Utilities Department anticipates the water demand of the proposed development would be 71,380 gallons per day; an increase of 37,380 gallons per day.. Projected sewer capacity demand would be 32,121 gallons per day. According to the traffic analysis provided by the applicant, the maximum commercial intensity under the existing land use would generate 5,817 trips per day. With the proposed redevelopment, the trip generation drops to 4,175 external trips per day, for a reduction of 1,642 trips per day. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the lO-year planning period. The School District of Palm Beach County has reviewed the Page 6 File Number: LUAR 05-005 Heritage Club @ Boynton Beach application and has determined that adequate capacity exists to accommodate the resident population. The City's Fire and Life Safety Division has stated that the Fire Department expects to be able to maintain an adequate level of service for the subject project with current or anticipated staffing. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As discussed above, the proposed development would relate to the adjacent commercially designated lands to the south of Gateway Boulevard along Federal Highway. While the property immediately west of the property across the Old Dixie Highway and FEC rights-of-way is presently vacant and lies within unincorporated Palm Beach County, the "Problems and Opportunities" section of the Future Land Use Support Documents contains directions for future development of this site for residential use upon its annexation into the City. The residential portion of the proposed development will form a transition to this property and the residential neighborhood farther to the west. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed; however, as the existing shopping center is in a state of economic and physical decline, the City will be better served with the proposed redevelopment of the property. 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 property is less than 10 acres in size, but has frontages on Federal Highway, Gateway Boulevard and Old Dixie Highway. The aesthetic quality of the proposed redevelopment project will greatly improve the aesthetic quality of this portion of the Federal Highway corridor, which is a major gateway into the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are only two other sites currently existing within the City where a similar project could be considered without land assemblage; both sites are currently developed with successful commercial centers. Redevelopment of these sites would not have the impact on the image of the City that redevelopment of the subject site will have, since neither of them are located in such proximity to the "gateways" to Boynton Beach. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with relevant policies contained in the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan; will not create ~w¡'",·,~,.~>i";·'""~___~""____-"'~_""""""""""""'·~'''·'_''W~~< ...., Page 7 File Number: LUAR 05-005 Heritage Club @ Boynton Beach additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\Plannlng\SHAREO\WP\PROJECTS\Herltage Oub @ Boynton Beach\LUAR OS-DOS\STAFF REPORT WAR OS-OOS,doc LOCATION MAP Heritage Club @ Boynton Beach Exhibit A LUAR 05-005 I/ ~ E ... .... ~ - (.) oJ cc z Q III: cc N 200 100 0 200 Fee' Á ·_"'''~''''·''''''''''_"'''''___'W_-'-'~''_·'''''·'<'·'''';·''''_·"_·'''"_C"".,._.,,~..,< XII. - LEGAL ITEM A.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office o August 2, 2005 July 18, 2005 (Noon.) o October 5, 2005 September 19,2005 (Noon) ~ August 16, 2005 August 1,2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) o September 6, 2005 August 15,2005 (Noon) o November I, 2005 October 17, 2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: 2nd Reading; Approve amendment to the Code of Ordinances, Section 16-82, increasing beach parking permits and related fees, and eliminating redundant language. The annual resident fee would increase from $20 to $30 and the seasonal non-resident fee would increase from $60 to $90. EXPLANA TION: Oceanfront Park is one of our most popular facilities. On average, 668 people visit the park each day. It offers a nationally certified lifeguard staff, a beautiful scenic boardwalk, picnic areas, restrooms and playground. Beach parking fees have not increased since 2000. However, in the past five years, the costs to maintain these amenities, and the general operation expenses have significantly increased. Our annual resident parking permit is $20. In comparison, The City of Delray Beach charges $63.50 for their resident parking permit, and the City of Boca Raton charges $31.00. PROGRAM IMPACT: N/A FISCAL IMP ACT: Current revenues generated from the beach operation, which include parking permits, daily parking fees and the concession lease agreement, total $291,882. The recommended fee increase will generate approximately $70,000 in additional revenue to help offset the annual operating expenses ($503,798 for FY 2004-05). ALTERNATIVES: Increase beach arking permits fees less than recommended, or do not increase at this time. U~ City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC ] ORDINANCE NO. 05- 0410 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 CHAPTER 16, "PARKS AND RECREATION", ARTICLE 6 II, "CITY PARKS AND BEACHES" BY AMENDING 7 SECTION 16-82 TO PROVIDE FOR AN INCREASE 01" 8 BEACH PARKING PERMITS AND REI~A TED FEES 9 AND ELIMINA TING REDUNDANT LANGUAGE; 10 PROVIDING FOR CONFLICT, SEVERABILITY, 11 CODIFICA TION AND AN EFFECTIVE DATE. 12 13 WHEREAS, staff has become aware that the cost to maintain and general operation ]4 expenses of the Oceanfront Park with its scenic boardwalk, picnic areas, restrooms and ]5 playground have significantly increased; and 16 WHEREAS, Beach parking fees have not increased since 2000; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 detennined that it is in the best interests of the citizens and residents of the City to amend the 19 Code to increase the beach parking pennits and related fees and eliminating redundant 20 language; 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. That Chapter 16, " Parks and Recreation", Article II "City Parks and 26 Beaches" Section 16-82 is hereby amended by adding the words and figures in underlined 27 type, àI1d by deleting the words and figures in struck-through type, as fo]]ows: 28 29 Sec. 16-82. Rules, regulations controlling parking of vehicles at municipal 30 beach property located within the Town of Ocean Ridge. 31 32 The city manager is hereby directed to implement subject procedures at the earliest possible date. 33 (Said regulations are set out below.) 34 Page 1 1 2 POLICY NO.1. P ARKlNG PERMITS 3 4 Parking permits wí11 be issued on an annual basis (October 1 through September 30) wi-th 5 issuance beginning September I each year to residents (see "definitions") of the City of 6 Boynton Beach, for a charge of twenty thirty-dollars ($~30.00) for the first decal issued to 7 a resident vehicle, upon satisfactory completion of appropriate application forms. Applicants 8 will be required to establish proof of residency in the City of Boynton Beach (see 9 "definitions") and to present his official state motor vehicle tag registration certificate. 10 ] 1 When application is made for more than one permit, each separate individual vehicle 12 registration must be presented. Residents who are not property owners must establish 13 residency by some suitable means, such as voter's registration, executed lease, utility bj]]s or 14 other legal document. ]5 16 Pernlanent beach parking pcnnit decals shall be issued at a charge of twenty dollars 17 ($20.00) only to residents O\vning, leasing, renting, occupying or residing in real estate in the ]8 city for at least six (6) months of each year. Proof of six (6) months' residency, if property is 19 not owned, shaH be established by lease agreements, rent receipts or written lessor 20 verification. 21 22 Lost or mutilated parking permits. In the event that the vehicle to which the permanent 23 decal was issued has been sold or otherwise changed ownership and/or in the event a properly 24 issued parking decal is mutilated and can be identified, such decal wí11 be replaced for a 25 charge of tenfifteen dollars ($~15.00) provided the holder can return an identifiable I 26 portion of the mutilated parking decal to the city. In the event the holder of a lost or mutilated 27 parking permit cannot provide an identifiable portion or part of such parking decal, the charge 28 for a replacement decal wj]] be the sum oftwentythirty dollars ($~30.00). Lost decals will I 29 not be replaced until after a thirty-day waiting period rrom the date the decal is reported lost. 30 3] Definitions. 32 33 Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or 34 living accommodations within the City of Boynton Beach for a time period of at least six (6) 35 consecutive months each calendar year, as well as members oftheir immediate family residing 36 with them; provided, however, for purposes of this section, the term "City of Boynton Beach" 37 shall include all property within the corporate limits of the Town Ocean Ridge. Proof of six 38 ( 6) months' residency, if property is not owned, shall be established by lease agreements, rent 39 receipts or written lessor verification. 40 4] Qualified nonresident: Anyone who is not a resident but who resides in the 42 agricultural reserve area of unincorporated Palm Beach County bounded on the south by 43 lateral Canal No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by Page 2 1 the Loxahatchee National Wildlife Refuge. 2 3 City employees: All city employees, classified and nonclassified and retired regardless 4 of residency shall be eligible to receive one parking permit. Proof of employment shall be 5 established through the personneI department of the city. Persons who terminate (not retired) 6 their employment with the city and who are not city residents shaH be required to scrape off 7 their stickers and return remains to the issuing office. 8 9 10 POLICY NO.2. PROCEDURE FOR ISSUANCE OF P ARKlNG PERMITS 11 12 (1) Ensure that appIicants are residents as defined in PoIicy No.1. 13 14 (2) Have appIicant compIete permanent application form. 15 16 (3) Request proof of residency. Proof established in accordance with PoIicy No.1. 17 18 (4) Request separate vehicIe registration for each parking permit to be issued. 19 20 (5) Residents leasing automobiIes should provide contract documents establishing 21 the lease agreement or arrangement or company car assignment. 22 23 (6) Issuing authority shaH complete parking permit appIication by listing separate 24 permit numbers opposite the make, modeI and year of each vehicIe. 25 26 (7) AH parking permits shaH be permanent1y affixed upon the lower, left-hand side 27 (driver's side) of the front windshieId of such vehicIe. DecaIs pIaced on a vehic1e other than 28 the one for which it was originaHy issued shaH be construed to be void. 29 30 (8) Parking permits issued to motorcycIes, motor bikes, and motor scooters shall 31 be dispIayed on the left front fork of such vehicIe or other visibIe location in the area of the 32 Ieft front. 33 34 POLICY NO.3. TEMPORARY PARKING PERMITS 35 36 Qualified nonresidents: Qualified nonresidents may obtain beach decaIs which permit 37 parking on specified dates and times. The cost for such permit and the dates they are vaIid 38 shaH be as set forth herein: 39 40 The permit fee for QuaIified nonresidents shaH be ~inety dollars ($69:-0090.00) I 41 each, and shaH be vaIid seven (7) days a week, from May 1 to November 15. 42 43 Page 3 1 2 PARKING FEES FOR MOTOR VEHICLES 3 4 A daily parking fee is hereby established for all motor vehicles parking at the public 5 beach except those hereinafter excepted in accordance with the following rates and charges. 6 7 Class 1. Automobiles, motor scooters, motor bikes, motorcycles: 8 9 May I-November 15 November 16--April 30 10 $ 4.76 $ 9.52 I 11 Tax 0.21 Tax 0.18 12 $ 5.00 $10.00 13 14 Class 2. Buses, trucks and other motor vehicles not included or described in Class I 15 hereof ~ I 16 Tax 0.48 17 $10.00 18 19 Vehicle definitions. 20 21 Class 1. A passenger vehicle designed for family pleasure. 22 23 Class 2. A passenger vehicle designed for group (more than 10 passengers) transportation 24 other than family pleasure. 25 26 Exceptions: 27 28 (1) Vehicle having affixed thereto a parking pennit issued in accordance with the rules 29 and regulations of Policies 1 and 2. 30 31 (2) Official state, county and city vehicles entering the park in the perfonnance of 32 governmental functions. 33 34 (3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when 35 engaged in official park business. 36 37 (4) School buses transporting Florida school, college or university students in a group or 38 body for a field trip for educational purposes. This exception shan not apply to 39 vehicles transporting such groups to the park for recreational purposes. 40 41 (5) Florida school groups, as mentioned in exception (4), must make prearrangements 42 with the director of recreation and parks or his designee by submitting a letter ftom 43 the school principal certifying that the trip is a part of the school curriculum. Page 4 ] 2 Parking permits wi]] be available to all city residents as outlined in Policies I and 2. Vehicles .., not exhibiting the permit wi]] be required to pay the parking fee in accordance with this J 4 policy. 5 6 ì PARKING AREAS FOR MOTOR VEHICLES 8 9 (I) A]] motorcycles, motor bikes, and motor scooters shall park in the designated areas on 10 the upper level of the parking area at the public beach. 11 12 (2) The parking spaces in the upper level of the parking area at the public beach shall be 13 used exclusively by automobiles. Additionally, only vehicles having affixed thereto a parking 14 permit issued in accordance with the rules and regulations of Policies 1 and 2 may park in said ]5 upper level; provided, however, that handicapped persons may park in designated spaces on ]6 the upper level without having a parking permit affixed to their vehicles. 17 ]8 (3) All other motor vehicles, including all vans, campers, trucks, buses and trailers shall ]9 park in the lower level spaces of the parking area at the public beach. 20 21 22 PENALTY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS 23 24 It shall be unlawful for any person to falsify information in the process of applying for a 25 parking permit, for any person to sell a parking permit, for any person to transfer a parking 26 permit to a nomesident, or for any person to fail to follow the rules and regulations pertaining 27 to the use ofthe parking facilities at the public beach. 28 29 Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, 30 sentence or word be declared by a court of competent jurisdiction to be invalid, such decision 3] shall not affect the remainder of this ordinance. 32 Section 4. Authority is hereby granted to codify said ordinance. 33 Section 5. This ordinance shall become effective immediately upon passage. 34 Page 5 I 2 FIRST READING this ~ day of August, 2005. 3 SECOND, FINAL READING AND PASSAGE this _ day of 4 ,2005. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 Mayor 8 9 10 Vice Mayor II 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 ATTEST: 22 23 24 25 City Clerk 26 Page 6 XII. - LEGAL ITEM 8.1 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 C itv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) [8J August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) -"':¡ D D November 1,2005 --; ;") -~~ September 6, 2005 August 15,2005 (Noon) October 17, 2005 (Noon)- ~~:i -< '-'-;~ - ::c; ._- D D November 15,2005 October 31, 2005 (Noortj"") -r-' September 20, 2005 September 6, 2005 (Noon) 1.---.' - -- ~~ - " ,~- D D J:~1J ""1 ---! Administrative Development Plans .~.,..", ":~ _..._.:to 0 D ,~ _..:... NATURE OF Consent Agenda New Business \..0 -'lro AGENDA ITEM D [8J Legal - 1 st Reading (,,0 --r'l Public Hearing ':~~:> - I'in D Bids D Unfinished Business ._- D Announcement D Presentation D City Manager's Report RECOMMENDATION: Staff recommends the City Commission approve proposed Ord. # _ to establish a Veteran's Advisory Commission. EXPLANA TION: The ordinance creates a Veteran's Advisory Commission as an advisory board to the City Commission. The components of the ordinance include the following: Purpose: The purpose of the Veteran's Advisory Commission of the City of Boynton Beach is to provide the City Commission with advice and recommendations regarding matters related to veteran commemorative activities, and to facilitate awareness and education amongst veterans within the City of Boynton Beach. Members: The Veteran's Advisory Commission shall consist of a total of seven (7) regular members, four (4) alternate members, and five (5) honorary/ex-officio members. All members serving on the Veterans Advisory Commission must have served in a branch of the armed forces of the United States and, ifno longer active, be honorably discharged therefrom. A minimum of six (6) regular members of the Veterans Advisory Commission must be a member of a local chapter of one of the following organizations: · American Legion · Veterans of Foreign Wars · Disabled American Veterans · Korean War Veterans · Vietnam War Veterans · Submarine War Veterans · Jewish War Veterans · Catholic War Veterans · Women's Army Corps Veterans · Maritime War Veterans A maximum of one (1) of the appointed Board Members may be a member of a national veteran's organization with a charter that provides for service and assistance to veterans of the United States. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Responsibilities: Act as an Advisory Board to the City Commission on the following: · The planning, implementation and promotion of City sponsored events and activities associated with Veterans Day, the Fourth of July, Memorial Day and Four Chaplains Day. · The funding resources available including private sources, grant funds, or any other financial resource available to facilitate City sponsored activities related to Veterans · The budgeting of specific programs or events related to veterans or of interest to veterans. PROGRAM IMPACT: This is a new program that requires allocation of staff time and city resources that are yet to be determined. FISCAL IMPACT: There are no budgeted costs identified at this time. AL TERNz:i~:'h a Yoternn, Adv;,o'}' Commission~ ~ Department Head's Signature City Manager's Signature _\ "\~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC II I 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING PART II, CHAPTER TWO 5 ENTITLED "ADMINISTRATION," OF THE CITY OF 6 BOYNTON BEACH CODE OF ORDINANCES TO 7 CREATE ARTICLE XII ENTITLED "VETERANS 8 ADVISORY COMMISSION"; PROVIDING FOR THE 9 CREATION OF THE VETERANS ADVISORY 10 COMMISSION; PROVIDING FOR PURPOSE AND 11 DUTIES OF THE VETERANS ADVISORY 12 COMMISSION; PROVIDING FOR ORGANIZATION; 13 PROVIDING FOR OFFICES OF CHAIR AND VICE 14 CHAIR, BOARD MEMBERSHIP, ALTERNATE BOARD 15 MEMBERSHIP AND HONORARY MEMBERSHIP; 16 PROVIDING FOR MEETINGS; PROVIDING FOR 17 ENACTMENT AND VOTING PROCEDURES; 18 PROVIDING FOR CLARIFICATION OF POWERS 19 DELEGATED; PROVIDING FOR CONFLICTS, 20 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 21 DATE. 22 23 WHEREAS, the City Commission of the City of Boynton Beach, upon 24 recommendation of staff, does deem it appropriate and in the best interests of the citizens and 25 residents of the City of Boynton Beach to amend the Code of Ordinances, Part II, Chapter 2, 26 to provide for a Veterans Advisory Commission for military veterans; and 27 WHEREAS, the City Commission of the City of Boynton Beach desires to create the 28 Veterans Advisory Commission in order to provide the City Commission with advice and 29 recommendations regarding matters pertaining to the affairs of Veterans living within the City 30 of Boynton Beach; and, 31 WHEREAS, Part II, Chapter 2, Section 2-16 authorizes the creation of commissions 32 within the City of Boynton Beach. 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 1 II I 1 2 Section 1. The foregoing whereas clauses are true and correct and are now ratified 3 and confinned by the City Commission. 4 Section 2. That Part I, Chapter 2, of the Boynton Beach Code of Ordinances is 5 hereby amended by creating Article XII, entitled "Veterans Advisory Commission" to read as 6 follows: 7 ARTICLE XII: VETERANS ADVISORY COMMISSION 8 Sec. 2-160 Creation of Commission 9 The City Commission, in accordance with the powers vested in it, hereby 10 creates and establishes the Boynton Beach Veterans Advisory Commission, hereinafter 11 referred to as the "Veterans Advisory Commission." 12 Sec. 2-161 Purpose and Duties 13 (a) Purpose. The purpose of the Veterans Advisory Commission is to advise the 14 City Commission on matters related to veteran commemorative activities, and to 15 facilitate awareness and education amongst veterans within the City of Boynton Beach. 16 (b) Duties. It shall be the duty of the Veterans Advisory Commission to act solely 17 as an advisory board to the City Commission, providing recommendations and 18 guidelines pertaining to: 19 1. the planning, implementation and promotion of City sponsored events 20 and activities associated with Veterans Day, the Fourth of July, Memorial Day, and 21 Four Chaplains Day; 22 11. the funding resources available including private sources, grant funds, or 23 any other financial resource available to facilitate City sponsored activities related to 24 Veterans; and 25 111. the budgeting of specific programs or events related to veterans or of 26 interest to veterans 27 Sec. 2-162 Oreanization 28 The Veterans Advisory Commission shall consist of a total of seven (7) regular 29 members, four (4) alternate members, and five (5) honorary/ex-officio members. 30 Whenever possible, preference shall be given to residents of the City of Boynton Beach 31 for appointment to membership on the Veterans Advisory Commission 2 II II I 1 Sec. 2-163 Board Appointment and Membership 2 (a) Board members shall be nominated by the veterans organizations listed herein, 3 and then appointed by the City Commission to either a position as a regular or alternate 4 member. The veterans organizations listed herein may nominate more than one 5 individual from their organization to serve on the Veterans Advisory Commission. The 6 City Commission may appoint more than one individual from anyone of the veterans 7 organizations listed herein. Prior to appointment, all members must submit an 8 application for appointment to the City Commission pursuant to the requirements of the 9 City's Code of Ordinances, as may be amended from time to time. 10 (b) Qualification for appointment. In order to qualify for appointment to 11 membership on the Veterans Advisory Commission, members must meet the following 12 qualifications: 13 (i) Military Service. All members serving on the Veterans Advisory 14 Commission must have served in a branch of the armed forces of the United 15 States and, if no longer active, be honorably discharged therefrom. 16 (ii) Organization Membership. A minimum of six (6) regular members of 17 the Veterans Advisory Commission must be a member of a local chapter of one 18 of the following organizations: 19 (1) American Legion: 20 (2) Veterans of Foreign Wars: 21 (3) Disabled American Veterans: 22 (4) Korean War Veterans: 23 (5) Vietnam War Veterans: 24 (6) Submarine War Veterans: 25 (7) Jewish War Veterans: 26 (8) Catholic War Veterans: 27 (9) Women's Army Corps Veterans: and 28 (10). Maritime War Veterans. 29 (iii) Nationwide Organization Membership. If the individual nominated is 30 not a member of the organizations listed above, a maximum of one ( 1) of the 31 apµointed Board Members may, in the alternative, be a member of a national 3 . II I 1 veterans organization. However, this national veterans organization must have 2 a charter that provides for service and assistance to veterans of the United 3 States. 4 (iv) Residency. A minimum of six (6) regular members must reside in the 5 City of Boynton Beach. A maximum of one (1) regular members may live 6 outside the City of Boynton Beach, so long as they are active in one of the local 7 chapters of the organizations listed above and are residents of Palm Beach 8 County. 9 (c) Staggered Terms for Board Membership. The initial regular members appointed 10 will serve as follows: three (3) members shal1 be for a term of three (3) years, two (2) 11 members shall be for a term of two (2) years, and two (2) members shall be for a term 12 of one (1) year. Their successors shall be appointed for a term ofthree (3) years. 13 (d) Reappointment, Removal. Vacancy. All members may be reappointed, without 14 limitation as to the number of terms served. Members may, at the discretion of the City 15 Commission, be removed for cause, or for missing more than four (4) meetings per 16 year. Members that have been removed may not be reappointed for a period of 36 17 months. If there is a vacancy in the membership, the City Commission shall appoint a 18 new member to fill the vacancy. 19 (e) Privileges, Duties and Responsibilities. 20 (i) Privileges. Members will have voting privileges as set forth herein. 21 Members shall create and implement rules, policies and procedures necessary to 22 carry out the Veterans Advisory Commission's purpose, in conformance with 23 the provisions of the City's Code of Ordinances and State Law. 24 (ii) The regular members shall vote to appoint a Chair, who shall preside' 25 over the meetings of the Veterans Advisory Commission, and also vote to 26 appoint a Vice-Chair who shall serve in the absence of the Chair. 27 (iii) Attendance. Members shall maintain regular attendance to the meetings 28 as required by the City's Code of Ordinances. 29 (f) Alternate Members. Pursuant the City of Boynton Beach Code of Ordinances, 30 the City Commission shall appoint four alternate members. Alternate members will 31 serve to fill a vacancy or removal in the Veterans Advisory Commission. Alternate i 4 I I I II I 1 members shall be appointed in the same manner as regular members, and shall meet the 2 qualifications set forth for regular members. When serving in their capacity as a 3 alternate member, alternate members shall have the same privileges, duties and 4 responsibilities as a regular member. with the exception that no alternate member may 5 serve in a capacity as Chair or Vice-Chair, or hold any other office on the Veterans 6 Advisory Commission, nor may any alternate member be moved to a regular member 7 unless appointed by the City Commission pursuant to the procedure set forth herein. 8 The alternate member's term of membership shall run only through the term of the 9 vacancy they have filled. 10 (g) Honorary Members. 11 (i.) Appointment. The Veterans Advisory Commission may nominate five (5) 12 I individuals to serve as Honorary Members of the Veterans Advisory 131 Commission, with preference given to individuals that are members to the 14 following organizations: 15 1. Gold Star Mothers & Fathers; 16 2. Current members of the Armed Forces; 17 3. Military Order ofthe Purple Heart; 18 4. Ladies Auxiliaries; and 19 5. Former prisoners of War. 20 The Veterans Advisory Commission shall forward the names of the five (5) 21 individuals who are nominated to the position of Honorary Members to the City 22 Commission who shall then confirm the nominations by a maiority vote of the 23 City Commission. 24 (ii) Privileges. Honorary Members may speak at meetings, but they do not 25 have voting rights. 26 (iii) Term of Honorary Membership. Honorary appointments will be for a 27 term of one year. 28 Sec. 2-164 Meetio2s 29 The Veterans Advisory Commission shall arrange for an appropriate time and place 30 meetings. 31 5 II I 1 Sec. 2-165 Procedure for enactment and votin2:. 2 All actions subiect to a vote shall be enacted as set forth below. 3 (a) Quorum. The Veterans Advisory Commission may not take any action unless a 4 quorum is present. A quorum shall consist of the physical presence of no less than four 5 (4) voting members of the Veterans Advisory Commission. 6 (b) V oting. An affinnative vote of a maiority of the voting members present shall 7 be required in order for the Veterans Advisory Commission to take any official action. 8 No voting by proxy is allowed. On final passage. the vote of each member of the 9 Veterans Advisory Commission shall be entered on the official record kept for the 10 meeting. 11 Sees. 2-166 Powers 12 Nothing in this article shall be construed as restricting. curtailing any of the 13 powers of the City Commission. or as a delegation to the Veterans Advisory 14 Commission of any of the authority or express or discretionary powers vested and 15 imposed by law in the City Commission. The Citv Commission declares that the public 16 interest. convenience and welfare required by the appointment of the Veterans 17 Advisory Commission to act in a purely advisory capacity to the City Commission for 18 the purposes set forth in this article. Any power delegated here to the Veterans 19 Advisory Commission to adopt rules and regulations shall not be construed as a 20 delegation of legislative authority. but purely a delegation of administrative authority. 21 22 Section 3. All laws and ordinances applying to the City of Boynton Beach in 23 conflict with any provision of this ordinance are hereby repealed. 24 Section 4. Should any section or provision of this Ordinance or any portion 25 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 26 affect the remainder of this Ordinance. 27 Section 5. Authority is hereby given to codify this Ordinance. 28 Section 6. This Ordinance shall become effective immediately. 29 30 31 32 I 6 II I 1 FIRST READING this _ day of ,2005. 2 SECOND, FINAL READING AND PASSAGE this _ day of ,2005. 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 ATTEST: 20 21 22 City Clerk 23 I 24 25 S:\CA \Ordinances\Veterans Advisory Commission (8-2),doc 7 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 ill Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office o August 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19, 2005 (Noon) [8J August 16,2005 August 1.2005 (Noon) o October 18, 2005 October 3,2005 (Noon) o September 6, 2005 August 15,2005 (Noon) o November 1, 2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve by Ordinance this revision to the City's FMLA (Family Medical Leave Allowance) Policy. EXPLANATION: Current program may conflict with existing union contracts. PROGRAM IMPACT: Brings the procedure in line with the union contracts. FISCAL IMPACT: Employees n any FMLA leave, even in an unpaid status, will continue to accrue benefits. '"Ox¡;Z~~Ox~ ent Head's Signature City Manager's Signature City Attorney I Finance I Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING ORDINANCE 098-06 BY 5 Al\'IENDING CHAPTER IV, "BENEFITS", SUBSECTION 6 07 ENTITLED "FAMILY AND MEDICAL LEAVE ACT" 7 OF THE PERSONNEL POLICY MANUAL; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of the 12 City of Boynton Beach, adopted a Personnel Po1icy Manual for the City of Boynton Beach, 13 which document has been amended from time to time; and 14 15 WHEREAS, the City's current Family and Medical Leave Act may be in conflict with 16 existing Union contracts; and 17 18 WHEREAS, the City staff has recommended that the amendment to the Family and 19 Medical Leave Act located within the Personnel Policy Manual will bring the procedure in line 20 with the union contracts; and 21 22 WHEREAS, the proposed change to the Personnel Policy Manual is in the best interest 23 of the health, safety and welfare of the Citizens and residents of Boynton Beach. 24 25 NOW, THEREFORE, BE IT ORDAINED 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 are ratified and 29 confinned by the City Commission. 30 31 Section 2. That the Personnel Policy Manual (PPM) Chapter IV, subsection 07, 32 Family and Medical Leave Act, is hereby amended, as follows: 33 Chapter IV. Benefits 34 *** 35 07. Family and Medical Leave Act 36 Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993). 37 38 A. Entitlement 39 Employees of the City, including key employees except where expressly excluded, who have S:\CA\Ordinances\Administrative\PPM Amendments - FMLAdoc 'I';·".':·,,,.~,,,,*,,,,,,,-"._'~,,,",,.",,,~,*·~,,,,,.,,,,,-, 1 worked for the City for at least 12 months and have worked at least 1250 hours during that time 2 may be entitled to a total of 12 weeks of unpaid medical leave during any 12 month period~ 3 commencing from the first date of the leave period~ when leave is taken for one or more of the 4 following: 5 6 · Birth of a child of an employee and to care for the child: 7 · The placement of a child with an employee for adoption or foster care. (Foster care 8 requires state action.) 9 · To care for the spouse, child or parent of an employee, but not a parent "in-law", ifthe 10 family member has a serious condition; or 11 · The employee is unable to perform the functions of the position, because of the 12 employee's own serious health condition. 13 14 The employee's entitlement to leave for birth, adoption or foster care, expires at the end of the 15 12-month period beginning on the date of the birth or placement. 16 17 Employees granted FMLA leave are required to use all accrued paid leave and sick time while 18 on FMLA leave. Employees are entitled to use vacation time during an FMLA leave for days not 19 covered by accrued leave or sick time. 20 21 B. Continuation of Benefits 22 The City shaH continue group health plan coverage for employees on FMLA leave for the duration of 23 the eligible employee's leave. Coverage shaH be provided on the same level and under the same 24 conditions that coverage would have been provided if no leave had been taken. An employee on 25 FMLA leave without pay shan pay any dependent coverage and other premiums normally paid. Such 26 payment is due in Human Resources by the 25th of each month. In the event that an employee fails to 27 return to work after the period of leave expires, the City may recover any premiums the City paid for 28 coverage during the leave period. Such recovery can be taken from any benefits or wages owned by 29 the city to the employee. 30 Should the employee fail to return due to the foHowing circumstances the City will not attempt to 31 recover such premiums: 32 33 . Continuation, reoccurrence or onset of an employee's own serious health condition or that of 34 a family member. 35 . Due to circumstances beyond the control of the employee. 36 37 The employee is required to provide the personnel department with written certification, ITom the 38 employee's or family member's health care provider, substantiating 1 and/or 2 above. Failure to return 39 within 30 calendar days of the agreed upon date and provide the above certification may result in 40 termination and the City may recover premiums paid. 41 C. Definitions 42 43 KEY EMPLOYEES: Salaried employees who are among the highest paid 10% of an employees. S.\CA \Ordinances\Administrative\PPM Amendments - FMLA.Óoc I 1 FAMIL Y MEMBER: Includes spouse, parents, son and daughter. The term spouse means current 2 husband or wife as recognized under state law for purpose of marriage. The term parent means the 3 biological parent or individual who stands or stood in loco parentis (in the place of a parent) to an 4 employees when the employee was a child. This term does not include parent "in law". The term son 5 or daughter means biological, adopted or foster child, stepchild, legal ward, or a child of a person 6 standing in loco parentis, who either under age 18, or age 18 or older and incapable of self care 7 because of a mental or physical disability. 8 SPOUSES: employed by the City are jointly entitled to a combined total of 12 weeks of family leave 9 for the birth, adoption or foster care of a child or the care of a child or parent who has a serious health 10 condition. 11 A SERIOUS HEALTH CONDITION: is an illness, injury, impairment, physical or mental condition 12 that involves: 13 14 · Incapacity or treatment connected with inpatient care at a hospital, hospice or residential 15 medical care facility involving an overnight stay. 16 · In capacity requiring the absence of three calendar days from work that involves continuing 17 treatment or supervision of a health care provider. 18 · Continuing treatment by a health care provider for a chronic long term health condition that if 19 not treated would likely result in a period of incapacity of more than 3 calendar days. 20 21 D. Requirements 22 23 An employee requesting FMLA leave shall explain, in writing, to Human Resources the reasons for 24 the need for such leave. The employee shall give, when foreseeable, 30 days advance notice of the 25 need for FMLA leave. The City may request as much substantiating documentation from the 26 employee as it feels necessary to make a determination as to whether the reason for the request 27 qualifies under the act. The Human Resources Director and the Department Director, after careful 28 review, shall forward a recommendation to the City Manager. 29 30 WHEN LEA VE IS REQUESTED the employee must provide, in writing, a medical certification 31 stating the condition and the need for leave from the employee's or family member's health care 32 provider within ten (10) days of the written request for leave. A CERTIFICATE OF PHYSICIAN OR 33 PRACTITIONER FORM WH-380 shall be required from a qualified health care provider for any 34 medical reason cited by the employee. The City may not request additional information trom such 35 provider but may require the employee to obtain, at the City's expense, a second opinion. The City 36 shan designate the health care provider to furnish such second opinion. If the two opinions conflict, 37 the City may require the employee, at the city's expense, to obtain certification trom a mutually agreed 38 upon third health care provider who's opinion will be final. This certification will be treated as a 39 confidential medical record and the information will be disclosed only as required by law. 40 41 INTERMITTENT OR REDUCED SCHEDULE LEA VE: When medically necessary, intermittent or 42 reduced schedule leave may be taken due to an employee's own serious health condition or that of a S:\CA \Ordinances\Administrative\PPM Amendments - FMLA.doc ".~~~-~,~.,.,._.""",~>"",.~;.,. "-~",,,,,,,,,,,:~,,_.~_,-,,,~,^,",,,,,,~.¡¡,,.".,..,,,,..~,,,,,..,,,~~..._""··M··,·."····· 1 family member. Intermittent or reduced schedule leave is not available for the birth or placement of a 2 child. 3 4 Employees seeking intermittent or reduced schedule leave based on planned medical treatment are 5 required to produce certification outlining the dates on which treatment is expected and the duration 6 of the treatment. Employees are expected to make a reasonable effort, subject to the health care 7 provider's approval, to schedule treatment so as to not unduly disrupt the City's operations. Employees 8 are required to give the City, through the personnel department thirty (30) days notice or as much 9 notice as is practicable of their intentions. 10 In the event an employee requests intermittent or reduced scheduled leave due to a family member's or 11 the employee's own serious health condition, the City may elect to temporarily transfer the employee 12 to an available alternative position, with equivalent pay and benefits for which the employee is 13 qualified and which better accommodates the City's needs and that of the employee. 14 15 E. Notice 16 NOTICE FROM ELIGIBLE AND KEY EMPLOYEES: A minimum of thirty (30) days advance 17 notice of an employee's intent to take leave is required when it is foreseeable due to: 18 19 · The expected birth of a child. 20 · The expected placement of a child for adoption or foster care. 21 · Planned medical treatment for child, spouse or parent with a serious health condition. 22 · Planned medical treatment in the case of the employee's own serious health condition. 23 24 If leave has to begin in less than thirty (30) days as a result of one of the above referenced 25 circumstances, the employee must provide the City, through Human Resources, with as mush advance 26 notice as is practicable. Notice must be provided in writing to Human Resources. In the event notice is 27 NOT given in these circumstances, the employee will be considered to have taken "unauthorized 28 leave" and will be subject to appropriate disciplinary action. 29 30 NOTICE FROM THE CITY TO KEY EMPLOYEES: The City shaH notify a key employee before 31 leave is taken if economic injury is foreseen at the time. 32 33 RECERTIFICATION: An employee who has taken leave because of the employee's own serious 34 health condition or that of a family members is required by the City to obtain subsequent written re- 35 certification of that medical conditions every five (5) weeks during the duration of the condition. In 36 addition, employees on FMLA leave are required to report every 2 weeks, in writing on their status 37 and the intention of the employee to return to work. Failure to report as stated above may subject the 38 employee to disciplinary action for unexcused absence. 39 S:\CA \Ordinances\Administrative\PPM Amendments . FMLA,doc 1 REINSTATEMENT: Eligible employees other than key employees, who comply with all provisions 2 of this policy and who return from FMLA leave will be returned to the job position held prior to the 3 !eave, or may be placed, at the discretion of the City, in an equivalent position with equivalent 4 benefits. 5 6 THE CITY MAY DENY RESTORA nON TO A KEY EMPLOYEE IF: 7 1. Denial is necessary to prevent "substantial and grievous economic injury" to the employer; 8 2. The City notifies employee of its intent to deny restoration on that basis at the time the City 9 determines that such injury would occur and after being notified, the employee elects not to 10 return. The City shall not deny the employee the opportunity to take leave (i.e., must notify the 11 employee after the leave is requested but before the leave is taken, if economic injury is foreseen 12 at that time) and, if the employee already is on leave when the notice is given, the city shall give 13 the employee an opportunity to return to work. 14 15 While on leave, eligible employees will retain all accrued benefits. An employee will 16 continue to accrue benefits (vacation, longevity, seniority, sick, etc.) during FMLA leave 17 (vacation, longevity, seniority, sick, etc.) in accordance with current accrual standards. 18 Reinstated employees are not entitled to any right, benefit or position of employment other 19 than any to which they would have been entitled had they not taken the leave. 20 21 Prior to reinstatement an employee whose leave was based on the employee's own serious 22 health condition is required to provide, in writing, to the personnel department a certification 23 trom the employee's health care provider that the employee is able to return to work. 24 25 Section 3. Should any section or provision of this ordinance or portion hereof, any 26 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 27 such decision shan not affect the remainder of this ordinance. 28 29 Section 4. AIl Ordinances or parts of Ordinances, Resolutions or parts of 30 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 31 conflict. 32 33 Section 5. This Ordinance shan become effective immediately upon passage. 34 S:\CA\Oldinances\Administrative\PPM Amendments - FMLA,doc '"~'''M''''''_''--'~;'''¡''''''''';','"''''>'''~__'_~~~«'~'''_'~'''''''''''C'.',"., 1 FIRST READING this _ day of ,2005. 2 SECOND, FINAL READING andP ASSAGE this day of 3 4 ,2005. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 ATTEST: Commissioner 19 20 21 City Clerk Commissioner 22 23 24 S:\CA\Ordinances\Administrative\PPM Amendments - FMLA,doc 07. Family and Medical Leave Act Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993). A. Entitlement Employees of the City, including key employees except where expressly exduded, who have worked for the City for at least 12 months and have worked at least 1250 hours during that time may be entitled to a total of 12 wæks of unpaid medical leave during any 12 month period~ commencing from the first date of the leave period~ when leave is taken for one or more of the following: · Birth of a child of an employæ and to care for the child: · The placement of a child with an employee for adoption or foster care. (Foster care requires state action.) · To care for the spouse, child or parent of an employæ, but not a parent "in-law", if the family member has a serious condition; or · The employæ is unable to perform the functions of the position, because of the employæ's own serious health condition. The employee's entitlement to leave for birth, adoption or foster care, expires at the end of the 12-month period beginning on the date of the birth or placement. Employees granted FMLA leave are required to use all aa:rued paid leave and sick time while on FMLA leave. Employees are entitled to use vacation time during an FMLA leave for days not covered by accrued leave or sick time. B. Continuation of Benefits The City shall continue group health plan coverage for employees on FMLA leave for the duration of the eligible employee's leave. Coverage shall be provided on the same level and under the same conditions that coverage would have been provided if no leave had been taken. An employæ on FMLA leave without pay shall pay any dependent coverage and other premiums normally paid. Such payment is due in Human Resources by the 25th of each month. In the event that an employee fails to return to work after the period of leave expires, the Oty may recover any premiums the City paid for coverage during the leave period. Such rea:Nery can be taken from any benefits or wages owned by the dty to the employæ. Should the employæ fail to return due to the following drcumstances the City will not attempt to recover such premiums: . Continuation, reoccurrence or onset of an employæ's own serious health condition or that of a family member. . Due to drcumstances beyond the control of the employæ. The employee is required to provide the personnel department with written certification, from the employee's or family member's health care provider, substantiating 1 and/or 2 above. Failure to return within 30 calendar days of the agræd upon date and provide the above certification may result in termination and the City may recover premiums paid. ","--<,_.,.""--~-""._""-,_.....,.,,,,_.,.;,,,,..._...~,,,,,~,,,",.,., c. Definitions KEY EMPLOYEES: Salaried employees who are among the highest paid 10% of all employees. FAMILY MEMBER: Includes spouse, parents, son and daughter. The term spouse means current husband or wife as recognized under state law for purpose of marriage. The term parent means the biological parent or individual who stands or stood in loco parentis (in the place of a parent) to an employees when the employee was a child. This tenn does not include parent "in law". The tenn son or daughter means biological, adopted or foster mild, stepchild, legal ward, or a mild of a person standing in loco parentis, who either under age 18, or age 18 or older and incapable of self care because of a mental or physical disability. SPOUSES: employed by the Oty are jointly entitled to a combined total of 12 weeks of family leave for the birth, adoption or foster care of a child or the care of a child or parent who has a serious health condition. A SERIOUS HEALTH CONDmON: is an illness, injury, impairment, physical or mental condition that involves: · Incapaóty or treatment connected with inpatient care at a hospital, hospice or residential medical care facility involving an overnight stay. · In capaóty requiring the absence of three calendar days from work that involves continuing treatment or supervision of a health care provider. · Continuing treatment by a health care provider for a mronic long term health condition that if not treated would likely result in a period of incapadty of more than 3 calendar days. D. Requirements An employee requesting FMLA leave shall explain, in writing, to Human Resources the reasons for the need for such leave. The employee shall give, when foreseeable, 30 days advance notice of the need for FMLA leave. The City may request as mum substantiating documentation from the employee as it feels necessary to make a detennination as to whether the reason for the request qualifies under the act. The Human Resources Director and the Department Director, after careful review, shall forward a recommendation to the City Manager. WHEN LEAVE IS REQUESTED the employee must provide, in writing, a medical certification stating the condition and the need for leave from the employee's or family member's health care provider within ten (10) days of the written request for leave. A CERTIFICATE OF PHYSICIAN OR PRACTITIONER FORM WH-380 shall be required from a qualified health care provider for any medical reason óted by the employee. The Oty may not request adcfltional information from such provider but may require the employee to obtain, at the Oty's expense, a second opinion. The City shall designate the health care provider to furnish such second opinion. If the two opinions conflict, the Oty may require the employee, at the dty's expense, to obtain certification from a mutually agreed upon third health care provider who's opinion will be final. This certification will be treated as a confidential medical record and the information will be disclosed only as required by law. INTERMImNT OR REDUCED SCHEDULE LEAVE: When medically necessary, intermittent or reduced schedule leave may be taken due to an employee's own serious health condition or that of a family member. Intermittent or reduced schedule leave is not available for the birth or placement of a child. Employees seeking intermittent or reduced schedule leave based on planned medical treatment are required to produce certification outlining the dates on which treatment is expected and the duration of the treatment. Employees are expected to make a reasonable effort, subject to the health care provider's approval, to schedule treatment so as to not unduly disrupt the Oty's operations. Employees are required to give the Oty, through the personnel department thirty (30) days notice or as much notice as is practicable of their intentions. In the event an employee requests intermittent or reduced scheduled leave due to a family member's or the employee's own serious health condition, the Oty may elect to temporarily transfer the employee to an available alternative position, with equivalent pay and benefits for which the employee is qualified and which better accommodates the Oty's needs and that of the employee. E. Notiœ NOTICE FROM EUGIBLE AND KEY EMPlOYEES: A minimum of thirty (30) days advance notice of an employee's intent to take leave is required when it is foreseeable due to: · The expected birth of a child. · The expected placement of a child for adoption or foster care. · Planned medical treatment for child, spouse or parent with a serious health condition. · Planned medical treatment in the case of the employee's own serious health condition. If leave has to begin in less than thirty (30) days as a result of one of the above referenced circumstances, the employee must provide the Oty, through Human Resources, with as mush advance notice as is practicable. Notice must be provided in writing to Human Resources. In the event notice is NOT given in these circumstances, the employee will be considered to have taken "unauthorized leave" and will be subject to appropriate disciplinary action. NOTICE FROM THE Q1Y TO KEY EMPlOYEES: The Oty shall notify a key employee before leave is taken if economic injury is foreseen at the time. RECERTIfICATION: An employee who has taken leave because of the employee's own serious health condition or that of a family members is required by the City to obtain subsequent written re-certification of that medical conditions every five (5) weeks during the duration of the condition. In addition, employees on FMLA leave are required to report fNery 2 weeks, in writing on their status and the intention of the employee to return to work. Failure to report as stated above may subject the employee to disciplinary action for unexcused absence. REINSTATEMENT: Eligible employees other than key employees, who comply with all provisions of this policy and who return from FMLA leave will be returned to the job position held prior to the leave, or may be placed, at the discretion of the City, in an equivalent position with equivalent benefits. THE cm MAY DENY RESTORATION TO A KEY EMPlOYEE IF: 1. Denial is necessary to prevent "substantial and grievous economic injury" to the "._"......."'-~ J' ~ 't'.~-.¡_~~.~~"".-..,' ", employer; 2. The oty notifies employee of its intent to deny restoration on that basis at the time the Oty determines that such injury would occur and after being notified, the employee elects not to retum. The City shall not deny the employee the opportunity to take leave (i.e., must notify the employee after the leave is requested but before the leave is taken, if economic injury is foreseen at that time) and, if the employee already is on leave when the notice is given, the city shall give the employee an opportunity to retum to work. While on leave, eligible employees will retain all accrued benefits. An employee will continue to accrue benefits (vacation, IonQevitv, seniority. sick, etc.) during FMLA leave (vacation, longevity, seniority, sick, etc.) in accordance with current accrual standards. Reinstated employees are not entitled to any right, benefit or position of employment other than any to which they would have been entitled had they not taken the leave. Prior to reinstatement an employee whose leave was based on the employee's own serious health condition is required to provide, in writing, to the personnel department a certification from the employee's health care provider that the employee is able to retum to work. VI.-CONSENT AGENDA ITEM C.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 ill Meetin~ Dates in to City Clerlc's Office Meetine Dates to City Clerk's Office o August 2, 2005 July 18.2005 (Noon.) o October 5, 2005 September 19. 2005 (Noon) I2J August 16.2005 August I, 2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) o September 6, 2005 August 15, 2005 (Noon) o November I, 2005 October 17.2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF I2J 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 2005-2006 Health Insurance coverage with Blue CrossIBlue Shield of Florida. EXPLANATION: TIris is the annual renewal of the employee health insurance program. The renewal consists of a 12.67% increase in the total cost of medical insurance benefits to the City. This recommendation was reached after extensive negotiations with the insurance carrier and discussions with the City's Insurance Committee. The recommended plan adds an optional option in program coverage called Blue Options, and provides an additional negotiated savings to the City. The Blue Options program is a recent addition to the Blue Cross and Blue Shield programs, and as offered to our employees is a mix of the preferred benefits fTom both the HMO and Pro programs. This program provides additional coverage options for the City's employees, affording them additional choices on providing medical insurance coverage that best fits their individual and family needs. In addition, by offering this third plan to as a part of the existing blended of offerings, HMO and pro, Blue Cross and Blue Shield agreed to further lower their final negotiated rate of 14.500/0 down to 12.67%. Based upon the recent increase in utilization of the covered medical benefits, and factored by the market rate of increase for medical insurance, this is an outstanding renewal offer. PROGRAM IMPACT: All full time employees, are eligtòle to participate in one of the City's medical insurance plans. The City pays the full premiums for the employee; the employee pays the full premiums for any dependents they cover. Employees will benefit fTom the addition of the new program option. The City will benefit in a reduced medical insurance premium realized by adding the additional program option. The final contracts will be submitted to the Commission for approval before the effective date of October I, 2005. The recommended renewal does not impact any of the City's collective bargaining agreements. An attached comparative breakdown of the current and added coverage is attached as Exhtòit A. FISCAL IMPACT: . The City's cost for Medical Coverage: $3,982,610/yr for all employee coverage ($4,741.56/per employee, per year) $ 272,646/yr for Pooling Charge ($125,000 stop loss point) based on an employee-only rate for 840 of the currently covered 947 persons (excluding 73 retirees and 13 COBRA continuants who pay their own premiums, as well as 21 employees of South Central Regional Wastewater) The consultants who provide comprehensive support to City staff are paid 2% of the annual premium through the provider, not fTom a City line item. Their services include negotiating the contract, conducting detailed review, analysis and S:\BULLET1N\FORMS\AOENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: · Decrease the benefits in the current plans resulting in lower premiums and lower costs. · Split the blended rates in our current plans into separate rates for PPO, HMO and Blue Options, requiriug participants to pay a portion of their individual premiums, · Consider a voucher plan and eliminate a City sponsored plan. · Not appmve ea 'tion of the Blue Options plan and accept a higher renewal rate. · Goo i -~ City Manager's Signature -~ - City Attorney I Finance / Human Resources í I S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 0 RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $41,828.74 TO: Sterling Real Estate, LLC 24 Bank Street New Milford, CT 06776 FOR: Full release of cash surety for the project known as Sterling Records Phase 2 Commission approval: 8-16-05 . - ...--. Requested By: Peter Mazzella, Deputy Utilities DirectÞ Date: July 28, 2005 Approvals: ~~ FUND DEPT BASIC ELE OBJ AMOUNT v(~*~~-~~~- 401 0000 220 99 00 41,828.74 -1Q~ Div Head Finance Dept. City Manager 41,828.74 \ VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM H. AGENDA ITEM REQUEST FORM Requ~'Sted 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 Citv Clerk's Office D August 2, 2005 July 18,2005 (Noon,) D October 5, 2005 September 19,2005 (Noon) [8J August 16, 2005 August 1,2005 (Noon) D October 18,2005 October 3.2005 (Noon) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 3],2005 (Noon) D Administrative D Development Plans NATURE OF [8J Consent Agenda D New Business Î") AGENDA ITEM D D '~~.,-J Public Hearing Legal D _.~..~ Bids D Unfinished Business ~'-'.' - .,,-.... D Announcement D Presentation ~.,-_... ._-~ i'~-; .- D City Manager's Report '.;1 .-;: -,,,,,"",> ~ 1-\1 ê-) ::c RECOMMENDATION: Motion to approve reduction of surety covering the water and sewer systems for the project known as Sterling Records Phase 2, and refunding that portion of the cash surety in the amount of $41,828.74 to the developer, Sterling Real Estate LLC. EXPLANA TION: The water and sewer systems serving this project have been completed, and all documentation has been provided. 95% of the surety may now be refunded, and 5% of the original surety will be retained through the one-year warranty period as allowed by Code. PROGRAM IMP ACT: None FISCAL IMPACT: $41,828.74 ofthe currently held surety will be refunded to the developer. VES: None. ~~ " , ~ / -, .....'" --" ... k,G\" ' '" // ':--':'--~ 0/ /'. ''---' :;::'.':< /-é.' Department J;I~Signature City Manager's Signature UTILITIES Department Name City Attorney I Finance I Human Resources Cc: Peter Mazzella (wi one copy of attachments) Mary Munro, Finance Dept " City Attorney " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC